7 AAC 75.270. Safety and evacuation requirements

(a) An assisted living home must meet the applicable safety and evacuation requirements of this section.

(b) The department may inspect an assisted living home to determine whether

(1) the home protects against or is free from significant hazards that could cause injury or health risk;

(2) any firearms in the home are unloaded and whether any firearms and ammunition are stored separately in places reasonably inaccessible to residents; and

(3) the home has installed and maintained hot water temperature controls so that hot water delivered to plumbing fixtures, excluding dishwashers, is not more than 120 degrees Fahrenheit.

(c) An assisted living home must have a disaster preparedness and emergency evacuation plan approved by the department. The plan must provide for

(1) the complete evacuation of residents during an emergency; and

(2) emergency evacuation drills to be held at least twice a year.

(d) An assisted living home shall

(1) ensure that each stored medication is properly labeled with the resident's name, name of medication, dosage, expiration date, and directions for administration;

(2) store medications in a manner that prevents access by unauthorized persons;

(3) store controlled substances in a locked storage container and ensure that each substance is accurately accounted for; and

(4) store medications, including controlled substances, in accordance with the manufacturer's recommendations.

(e) Before a license will be issued under AS 47.33 and this chapter, an assisted living home seeking to be licensed for six or more residents must

(1) meet the standards for life and safety specified in 13 AAC 50 and 13 AAC 55; all information required by those standards shall be kept available for inspection by the department;

(2) obtain any municipal building code approval; approval must also be obtained before making a modification to a licensed home if the modification is one that requires that approval; and

(3) obtain a fire safety inspection report from each state or municipal authority responsible for those inspections, and continue to obtain these reports every two years, or more often if required by a state or municipal authority; the department will submit a request for inspection to the state or municipal authority on the home's behalf; the home is responsible for any fee charged by the state or municipal authority for the inspection.

(f) The department may inspect, or require a self-monitoring report on a safety issue of, an assisted living home licensed for fewer than six residents to determine, with consideration given to prevailing community residential standards, whether the home is built and maintained in a manner protective of life, health, and safety, with respect to the residents' bedrooms, exit to the outside of the building, operational smoke detectors or fire extinguishers, the storage and disposition of combustible waste material, and portable heating mechanisms. Submitting a false report under this subsection is grounds for issuing a notice of violation under AS 47.33.530 .

(g) Assisted living homes licensed for fewer than six residents must

(1) have one fully charged 2A:10BC dry chemical fire extinguisher strategically located on each level of the home;

(2) maintain the home free of any accumulation of combustible waste material in or around the premises;

(3) store flammable liquids in containers that have tight-fitting lids and are specifically designed for the particular flammable liquids;

(4) have heating appliances that are

(A) not placed or located in exitways or corridors at any time or in bedrooms during sleeping hours, unless the home is a one-room home;

(B) equipped with protective devices when presenting a hazard because of exposed flame or heating element;

(D) vented to the outside to discharge smoke and combustion gases, if the appliances are fuel burning;

(5) have one or more smoke detection devices that are operational, monitored, powered by battery or alternating current, and located in each bedroom; if the licensed home is a multi-level home, at least one smoke detector must be installed on each level in addition to those required in each bedroom;

(6) have at least two means of emergency escape that are remote from each other and that provide unobstructed escape to the outside of the building, one of which must be an exterior door;

(7) have at least one fully-opening window in each resident's bedroom; the window must be of sufficient size and free of obstructions to allow for emergency escape or rescue unless the room has a door leading directly to the outside; for purposes of this paragraph, "sufficient size" means that the window has a finished sill height that does not exceed 48 inches above the floor, has a net clear openable area that is at least 5.7 square feet, has a net clear openable height of at least 24 inches, and has a net clear openable width of at least 20 inches;

(8) ensure that open flame heaters are not used, except for fireplaces in compliance with 13 AAC 50, 13 AAC 55, and any applicable municipal building code;

(9) ensure that window screens are not used if they permanently prevent exit or if they cannot be easily removed for exit;

(10) designate an area for smoking, if smoking is permitted; and

(11) ensure that emergency procedures are reviewed with each resident and the resident's representative before the resident takes up residency in the home and at least once a year after that date.

(h) An assisted living home licensed for fewer than six residents shall make and retain a record of each required evacuation drill and make the record available to the department upon request. The record must include the time, date, and critique of the drill, the personnel who participated, the names of residents who did and did not participate, the reasons for nonparticipation, and the amount of time required to complete the drill. Emergency evacuation drills may be postponed during severe weather, but residents must be instructed on emergency evacuation procedures.

(i) If the department determines that it is necessary, the department will request an advisory inspection report from one or more state or municipal building or fire safety authorities for a home licensed for fewer than six residents. The home is responsible for any fee charged by the state or municipal authority for the inspection.

History: Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170

Authority: AS 47.33.410

AS 47.33.920

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