DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF CHILD WELFARE LICENSING CHILDREN’S SERVICES AGENCY
DIVISION OF CHILD WELFARE LICENSING
CHILD CARING INSTITUTIONS
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By
authority conferred on the director of the Michigan Ddepartment
of health and Hhuman Sservices by sections 2, 5, 10, and 14 of 1973 PA 116, and the Executive Reorganization Orders No. 1996-1, No. 1996-2, 2003-1
and 2004-4, MCL 722.112, 722.115, 722.120, and 722.124, 330.3101,
445.2001, 445.2011 and 400.226 and Executive Reorganization Order No. 2015-1,
MCL 400.227.of the Michigan Compiled Laws)
R 400.4139, R 400.4141, R 400.4164, R 400.4420, R 400.4601, R 400.4602, R 400.4604,
R 400.4605, R 400.4606, R 400.4608, R 400.4612, R 400.4613, R 400.4615, R 400.4617, R 400.4618, R 400.4620, R 400.4621, R 400.4623, R 400.4632, R 400.4635, R 400.4638,
R 400.4639, R 400.4640, R 400.4643, R 400.4652, R 400.5657, R 400.4660, and
R 400. 4666 of the Michigan Administrative Code are rescinded, R 400.4436, R 400.4437, R 400.4438, R 400.4439, and R 400.4400 are added, and R 400.4101, R 400.4102, R 400.4103, R 400.4104, R 400.4105, R 400.4106, R 400.4107, R 400.4108, R 400.4109, R 400.4110, R 400.4111, R 400.4112, R 400.4113, R 400.4114, R 400.4115, R 400.4116, R 400.4117, R 400.4118, R 400.4119, R 400.4120, R 400.4121, R 400.4122, R 400.4123, R 400.4124, R 400.4125, R 400.4126, R 400.4127,R 400.4128, R 400.4129, R 400.4130, R 400.4131, R 400.4132, R 400.4133, R 400.4134,R 400.4135. R 400.4136, R 400.4137, R 400.4138, R 400.4140, R 400.4142, R 400.4143, R 400.4144, R 400.4145, R 400.4146, R 400.4147, R 400.4148, R 400.4149, R 400.4150,R 400.4151, R 400.4152, R 400.4153, R 400.4154, R 400.4155, R 400.4156. R 400.4157. R 400.4158, R 400.4159, R 400.4160. R 400.4161. R 400.4162, R 400.4163, R 400.4165, R 400.4166, R 400.4167, R 400.4407, R 400.4409, R 400.4411, R 400.4414, R 400.4417, R 400.4426, R 400.4428, R 400.4431, R 400.4435, R 400.4501, R 400.4504, R 400.4505,R 400.4506, R 400.4508, R400.4510, R 400.4512, R 400.4515, R 400.4517, R 400.4520, R 400.4522, R 400.4523, R 400.4524, R 400.4527, R 400.4532, R 400.4535, R 400.4538, R 400.4540, R 400.4543, R 400.4545, R 400.4546, R 400.4548, R 400.4550, R 400.4552, R 400.4554, R 400.4555, R 400.4557, R 400.4559, R 400.4560, R 400.4562, R 400.4563, R 400.4564,R 400.4566, and R 400.4568 are amended, as follows:
PART 1. GENERAL PROVISIONS
R 400.4101 Definitions.
Rule 101. As used in these rules:
(a) “Accredited college or
university” means a college or university recognized by the United States Ddepartment
of Eeducation.
(b) “Act” means 1973 PA
116, as amended, being §§ MCL 722.111 to 722.128, and known as the child
caring organizations licensing
act.
(c) “Audit” means a review done by an auditor that conforms with
generally accepted accounting principles.
(dc) "Case
record" means the individual file, including electronic records,
kept by an institution concerning a child youth who has been
placed at the institution.
(d) “Chemical restraint” means a drug that meets all the following:
(i) Is administered to manage a youth’s behavior.
(ii) Has the temporary effect of restricting the youth’s freedom of movement.
(iii) Is not a standard treatment for the youth’s medical or psychiatric condition.
(e) "Chief
administrator" means the person designated by the licensee as having the
onsite day-to-day responsibility for the overall administration of a child
caring institution and for assuring the care, safety, and protection of residentsyouth.
(f) “Chief administrator
designee” means a person above the level of the supervisor who approved an
action, and who was not involved in the decision being reviewed.
(g) "Child
caring institution," hereinafter referred to as "institution" or
CCI, means an institution as defined in section 1 of 1973 PA 116, MCL 722.111.
(hf) “Child caring institution staff
member” means an individual who is 18 years or older, and to whom any of the
following apply:
(i) Is employed by a child caring institution for compensation, including adults who do not work directly with children.
(ii) Is a contract employee or self-employed individual working with a child caring institution.
(iii) Is an intern, volunteer, or other person who provides specific services under these rules.
(h) "Child placing agency" means an
agency as defined in section 1 of 1973 PA 116, MCL 722.111.
(i) “Children’s therapeutic group home” means a
children’s therapeutic group home as defined in section 1 of 1973 PA 116, MCL 722.111.
(ig) “Corporal
punishment” means hitting, paddling, shaking, slapping, spanking, or any other
use of physical force as a means of behavior
management.
(k) “Criminal history check” means that
term as defined in section 1 of the act, MCL 722.111.
(l) “Detention
facility” means an institution that primarily provides care and supervision for
youth pending adjudication for status or criminal offenses or pending placement
in a treatment facility post-adjudication.
(kh) "Department"
means the Michigan department of health and human services.
(n) "Developmentally disabled" means an
individual who has an impairment of general intellectual functioning or
adaptive behavior which meets all of the following criteria
(i) It originated before the person became 18
years of age.
(ii) It has continued since its origination or
can be expected to continue indefinitely.
(iii) It constitutes a substantial burden to the
impaired person's ability to perform normally in society.
(iv) It is attributable to 1 or more of the following:
(A) Significant cognitive impairment, cerebral
palsy, epilepsy, or autism.
(B) Any other condition of a person found to be
closely related to significant cognitive impairment because it produces a
similar impairment or requires treatment and services similar to those required
for a person who is significantly cognitively
impaired.
(n) “Developmental disability” means that term as
defined in section 1100a of the Mental Health Code, 1974 PA 258, MCL 330.1100a.
(mi) "Direct
care worker" means a person who provides direct care and supervision of children
youth in an institution.
(j) “Emergency restraint” means the onset of an unanticipated or severely aggressive behavior that places the youth or others at serious threat of violence or injury if no immediate intervention occurs.
(k) “Gender” means a person’s internal identification or self-image as a man, boy, woman, girl, or another gender identity. Gender identity may or may not correspond to the sex that is listed on the person’s birth certificate.
(l) “Gender expression” means how a person publicly expresses or presents their gender, which may include behavior and outward appearance such as dress, hair, make-up, body language, and voice. Components of gender expression may or may not align with gender identity.
(m) “Gender identity” means an individual’s self-conception as being male, female, both, or neither. One’s gender identity can be the same or different from their sex assigned at birth.
(n) “Human
behavioral science” means a course of study producing a degree from an accredited
college or university in any of the following:
(i) Social work.
(ii) Psychology.
(iii) Guidance and counseling.
(iv) Consumer or community services.
(v) Criminal justice.
(vi) Family ecology.
(vii) Sociology.
a course of study producing a degree from an accredited college or university that is approved by the department for the specific positions when required by the act and these rules.
(o) “Juvenile justice
youth” means a youth pending adjudication, or has been adjudicated, for
status or criminal offenses or a youth who has been adjudicated
under section 2(a) of chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.2a, or section 1 of chapter IX of The Code
of Criminal Procedure, 1927 PA 175, MCL 769.1.
(p) "License"
means a license issued by the department to a non-governmentally operated
institution or a certificate of approval issued by the department to a
governmentally operated institution indicating that the institution is in
compliance complies with these rules.
(q) “Licensee" means the agency, association, corporation, firm, organization, person, partnership, department, or agency of the state, county, city, or other political subdivision that has submitted an original application for licensure or approval or has been issued a license or certificate of approval to operate a child caring institution.-
(r) “Licensee designee”
means the individual who is authorized by the licensee, board of directors, or
the governing body for a public institution, to act on behalf of the
corporation or organization on licensing matters.
(r) "Licensing
authority" means the administrative unit of the department entity
that has the responsibility responsible for making
licensing and approval recommendations for an
institution.
(s) “Mechanical restraint” means a device, materials, or equipment attached or adjacent to the youth’s body that he or she cannot easily remove that restricts freedom of movement or normal access to one's body.
(ut) "Medication"
means prescription and nonprescription medicines
administered to treat a youth’s medical or psychiatric condition.
(u) “Misconduct”
is conduct by a resident that affects the safety and security of residents,
staff, or the community.
(vu) "Nonsecure
Open institution" means an institution or facility, or portion
thereof, which that is used to house residents youth
and which that is not locked against egress., except
for an approved behavior management room.
(w) “Personal restraint” means the application of physical force without the use of a device, that restricts the free movement of a youth’s body.
(x) "Protection"
means the continual responsibility of the licensee to take reasonable action to
ensure the health, safety, and well-being of a resident while under the
supervision of the licensee or an agent or employee of the licensee, including
protection from physical harm, humiliation, intimidation, and social, moral,
financial, and personal exploitation.
(y) "Resident"
means a child who is admitted to and resides in an institution.
(x) “Seclusion” means the involuntary placement of a youth in a room alone, where the youth is prevented from exiting by any means, including the physical presence of a staff person if that staff person's presence prevents the youth from exiting the room.
(y) “Seclusion
room" means a room or area approved for the involuntary confinement
or retention of a single resident youth. The door to the room may
be equipped with a security locking device which that operates by
means of a key or is electrically operated and has a key override and emergency
electrical backup in case of a power failure.
(aaz) "Secure
institution" means an institution, or portion thereof, other than a seclusion
room, used to house residents that is secured against egress from the building
means any public or private licensed child caring institution where the
movement and activities of residents is restricted against egress from the
building.
(ff) “Serious injury”
means any significant impairment of the physical condition of the minor child
as determined by qualified medical personnel. This includes, but is not limited
to, burns, lacerations, bone fractures, substantial hematoma, and injuries to
internal organs, whether self-inflicted or inflicted by someone else.
(aa) “Sexual harassment” means verbal comments or gestures of a sexual nature to a youth by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.
(bb) “Sexual orientation” means a person's identity in relation to the gender or genders to which they are attracted.
(cc) “Shelter care
facility” means an institution which that primarily provides care
for residents, short-term supportive care assessment
and planning. or placement planning.
(dd) "Social service supervisor" means a person who supervises a social service worker.
(ee) “Social service
worker" means a person who works directly with residents youth,
their families, and other relevant individuals and who is primarily responsible
for the development, implementation, and review of service treatment
plans for the resident youth. This definition does not prevent a
team approach to service treatment plan development and
implementation.
(ff) “SOGIE” means an individual’s sexual, orientation, gender, identity, and expression.
(ii) “Staff” means a
person who is employed by an institution, a volunteer for the institution,
including student interns, or a person who is used by the institution to
provide specific services covered by these rules.
(ffgg) "Terms
of license" or "terms of approval" means those
designations noted on an institution's license or certificate of approval
for which the institution is authorized or approved. Such designations
include the following:
(i) Short-term institution.
(ii) Residential
treatment institution.
(iii) Secure
institution.
(iv) Open institution.
(v) Age of children to
be accepted for care.
(vi) Sex of children to
be accepted for care.
(vii) Number of children
to be accepted for care.
(viii) Effective and
expiration dates.
(ix) “Treatment
institution" means an institution whose primary purpose and function is to
provide habilitative or rehabilitative services.
(hh) “Transgender” means a person whose gender identity, such as internal sense of feeling male or female, is different from the person's assigned sex at birth.
(2) A term defined in the act has the same meaning when used in these rules.
R 400.4102 Inspection and approval of institution.
Rule 102. Residents
Youth may occupy an child caring institution,
including new construction, additions, and conversions, only after inspection
and approval by the licensing authority. Only youth who fall under the
definition of “minor child” as provided in section 1(z) of the act, MCL
722.111, may receive care and services in the child caring institution.
R 400.4103 Space and equipment requirements.
Rule 103. A child caring institution must provide all the following to ensure delivery of licensed services:
(a) Sufficient youth living space, as set forth in R 400.4510.
(b) Office space for performance of services provided by the child caring institution.
(c) Access to outdoor recreational space.
(cd) Equipment to ensureassure
delivery of licensed services.
R 400.4104 Rules compliance.
Rule 104. (1) Before being
licensed as an child caring institution, an original applicant must
comply with 1973 PA 116, MCL 722.111, the act and
the rules for the type of child caring institution the applicant
proposes to operate, and for which compliance can be achieved prior to
beginning operation. and shall demonstrate intent to comply with those
rules for which Ccompliance can may only be demonstrated
after the child caring institution has become fully operational.
(2) After being licensed, a
child caring institution shall must, on an ongoing basis,
comply with the act, child caring institution rules, and terms of the license.
(3) A licensee must take action to ensure the health, safety, and well-being of a youth while under the supervision of the licensee or an agent or employee of the licensee, including protection from physical harm, sexual abuse, sexual harassment, humiliation, intimidation, and exploitation.
(4) A licensee must submit a written corrective action plan that addresses rule violations cited during an inspection or special investigation. An acceptable corrective action plan must be submitted to the licensing authority within 15 days of the receipt of an inspection or special investigation report and must be completed on the forms provided by the licensing authority.
(5) On an ongoing basis, a licensee must comply with the terms of all written corrective action plans approved by the licensing authority.
(6) Under section 15(3) and (4) of the act, MCL 722.125, a licensee may agree to a revocation or renewal of a license, or may be refused a license, or a person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization may be prohibited from being connected, directly or indirectly, with a licensee for a period of not less than 5 years after the revocation, denial, or refusal to renew a license.
R 400.4105 Rule variance.
Rule 105. (1) Upon written
request of an applicant or licensee, the department may grant a variance from
an administrative rule if there is clear and convincing evidence the
alternative proposed ensures that the health, care, safety, protection,
supervision, and needed services of youth are maintained and that the
alternative to the rule complies aligns with the intent of the
administrative rule. from which a variance is sought.
(2) The department shall
must enter its decision, including the qualification under which the
variance is granted, in the records of the department and send a signed copy to
the applicant or licensee. This variance may remain in effect for as long as
the licensee continues to comply with the intent of the rule or may be time
limited.
R 400.4106 Orientation;
Ooriginal licensure; application.
Rule 106. An applicant
applying for an original license shall provide documentation of all of the
following:
(a) Need for the type of
program the institution proposes to provide.
(b) Sufficient financial
resources to meet applicable licensing rules following the issuance of the
initial license.
(c) A plan of financial
accounting developed in accordance with generally accepted accounting practices.-
(1) An applicant must attend an orientation provided by the department prior to the submission of an application for an original license.
(2) At the time of application submission, an applicant must provide documentation to the department, including all the following:
(a) A statement demonstrating the need for the type of program the child caring institution proposes to provide.
(b) Verification of sufficient financial resources to meet applicable licensing rules following the issuance of the initial license.
(c) A plan of financial accounting, including an annual budget, containing projected income and expenditures. The plan of financial accounting must be developed in accordance with generally accepted accounting principles.
(d) A plan that describes the services, treatment, and intervention that will be provided by the child caring institution.
(e) Articles of incorporation.
(f) A copy of the proposed child caring institution’s program statement.
(3) At the time of application submission, an applicant must identify a proposed chief administrator and submit written verification of the individual’s educational credentials and professional work experience to the department for approval.
(4) Prior to issuance of an original license, an applicant must obtain:
(a) An approved fire safety inspection of the proposed facility.
(b) An approved environmental health inspection of the proposed facility.
(c) Zoning approval for the proposed facility as required by the local municipality.
(d) A certificate of occupancy as required by the local municipality.
(5) An applicant must provide the department with the documentation specified by this rule within 9 months of the date of application submission. The department may close an application without further evaluation if the documentation is not received.
R 400.4107 Deemed status.
Rule 107. (1) The department may accept, for the purpose of determining compliance with part 1 of these rules, evidence that the child caring institution is accredited by the council on accreditation or other nationally recognized accrediting body whose standards closely match state licensing regulations.
(2) The child caring institution may request deemed status when the accreditation site inspection is less than 12 months old. Both of the following apply:
(a) When accreditation is
requested, an child caring institution shall must submit
a copy of the most recent accreditation report to the department.
(b) An child
caring institution shall only be is only eligible for
deemed status if the license is on a regular status.
(c) The acceptance of accreditation in subrule (1) of this rule does not prohibit the department from conducting on-site investigations or requiring environmental health and fire safety inspections at intervals determined by the department.
R 400.4108 Financing and audit.
Rule 108. A licensee shall
must do all of the following:
(a) Obtain an annual audit
of all financial accounts. Audits for nongovernmental institutions shall
must be conducted by an independent certified public accountant who is
not administratively related to the agency.
The audit must conform with generally accepted accounting principles.
(b) Annually develop and implement a plan to correct any deficiencies identified.
(d) Develop a budget that includes projected income and expenditures.
R 400.4109 Program statement.
Rule 109. (1) An child
caring institution shall must have and follow a licensing
authority-approved, current written program statement which that specifically
addresses all of the following:
(a) The types of children
youth to be admitted for care and
treatment intervention.
(b) The services provided
to residents youth and parents directly by the child caring
institution and the services provided by outside resources.
(c) Policies and procedures
pertaining to admission, care, safety, and supervision,; methods
for addressing residents youths’ needs,;
implementation of treatment plans,; and discharge of residents
youth.
(2) The program statement shall
must be made available provided to residents youth,
parents, and referral sources.
R 400.4110 Employees qualified under prior rules.
Rule 110. An employee in a
position approved before the effective date of these rules 2001 is
deemed to be qualified for that position at the child caring institution.
A person appointed to a position after the date of these rules shall must
meet the qualifications of these rules for that position.
R 400.4111 Job description.
Rule 111. An child
caring institution shall must provide a written job
description for each staff position that identifies rules, required
qualifications, and lines of authority.
R 400.4112 Criminal history check, central registry; subject to requirements; staff
qualifications.
Rule 112. (1) Child caring
institutions subject to 42 USC 671 shall must not permit a child
caring institution staff member to begin working unless all of the
following has have been completed using the forms, and in the
manner, prescribed by the department:
(b) A check of Michigan’s
child abuse and neglect central registry or Canadian provincial agency. as
referenced in R 400.4113(i). The documentation must be completed not
more than 30 days prior to the start of employment and every 12 months
thereafter.
(c) A check of other
states’ child abuse registry registries that where the
person has lived in within the preceding five 5 years.
(2) Child caring institutions not subject to 42 USC 671 may not permit a staff member to begin working unless all the following have been completed:
(a) A criminal history background check as defined in section 5j of the act, MCL 722.115j.
(b) A check of Michigan’s child abuse and neglect central registry or Canadian provincial agency. The documentation must be completed not more than 30 days prior to the start of employment and every 12 months thereafter.
(c) A check of other states’ child abuse registry where the person has lived in within the preceding 5 years.
(3) A person who has
unsupervised contact with children shall must not have been convicted
of either of the following:
(a) Child abuse or neglect.
(b) A felony involving harm or threatened harm to an individual within the 10 years immediately preceding the date of hire.
(34) A person
who has unsupervised contact with children shall not be a person who is
listed on the central registry as a perpetrator with a confirmed
case or cases of child abuse or child neglect may not be present in the
child caring institution unless the department has determined the person
no longer presents a risk of harm to children.
(5) If the prospective employee has criminal convictions, the child caring institution must collect a written statement from the employee regarding the convictions to determine if the prospective employee would present a risk of harm to children.
(6) The child caring institution must complete a written evaluation of the convictions that addresses the nature of the conviction, the length of time since the conviction, and the relationship of the conviction to regulated activity for the purpose of determining suitability for employment in the child caring institution.
(47) A person
with ongoing duties shall have both of the following:
(a) Ability to perform
duties of the position assigned.
(b) Experience to
perform the duties of the position assigned A staff member will
conduct himself or herself in a manner that is conducive to the welfare of children and be able to meet the needs of children and provide for their care, supervision, and protection.
(58) An Uunsupervised
volunteers who performs work, including adults who do not work
directly with childrenyouth, is are subject to the
requirements of subrules (1)(a) and (b) of this rule.
(9) For all facilities for which the primary purpose is to serve juvenile justice youth, background checks must comply with 28 CFR 115.
R 400.4113 Employee records.
Rule 113. (1) An child
caring institution shall must maintain employee records for
each employee and shall must include documentation of all of
the following information prior to employment or at the time specified in this
rule:
(a) Name of the employee.
(b) A true copy of verification of education from an accredited college or university where minimum education requirements are specified by rule.
(c) Verification of high school diploma or GED when specified by rule.
(d) Work history.
(e) Three dated references which
that are obtained prior to employment from persons unrelated to the
employee and which that are less than 12 months old.
(f) A record of any
convictions other than minor traffic violations from either of the following entities: the results of
the background checks as required under R 400.4112.
(i) Directly from the
Michigan state police or the equivalent state law enforcement agency, or Canadian
province, or other country where the person usually resides or has resided in
the previous 5 years.
(ii) From an entity
accessing either Michigan state police records or equivalent state, or Canadian
provincial, or other country law enforcement agency where the person usually
resides or has resided in the previous 5 years.
(g) If the employee has
criminal convictions, the institution shall complete a written evaluation of
the convictions that addresses the nature of the conviction, the length of time
since the conviction, and the relationship of the conviction to regulated
activity for the purpose of determining suitability for employment in the institution.
(h) A statement from the
employee regarding any convictions.
(i) Documentation from
the Michigan department of human services, the equivalent state or Canadian
provincial agency, or equivalent agency in the country where the person usually resides, that the person
has not been determined to be a perpetrator of child abuse or child neglect.
The documentation shall be completed not more than 30 days prior to the start
of employment. and every 12 months thereafter.
(jg) A
written evaluation of the employee's performance within 30 days of the
completion of the probationary period or within 180 days, whichever is less,
and a written evaluation of the employee’s performance annually thereafter.
(kh) Verification
of health where specified by the child caring institution policy.
(2) A child caring institution must provide a written job description to each staff position that identifies required qualifications, specific duties, and lines of authority.
R 400.4114 Tuberculosis
screening for employees and volunteers. Infectious and
communicable disease control.
Rule 114. (1) The
licensee shall document, prior to employment, that each employee and volunteer
who has contact with youth 4 or more hours per week for more than 2 consecutive
weeks is free from communicable tuberculosis. Freedom from communicable
tuberculosis shall be verified within the 1-year period before
employment. and shall be verified every 1 year after the last
verification or prior to the expiration of the current verification.
The child caring institution must ensure that staff and youth are complying with written procedures to detect, prevent, and report infectious and communicable diseases.
R 400.4115 First aid; CPR.
Rule 115. A person licensee
must have all direct care and supervisory staff with current certification on
both certified within the preceding 36 months in first aid and within
the preceding 24 months in age-appropriate cardiopulmonary resuscitation.
Certification shall be made by the American Red Cross, the American Heart
Association, or an equivalent organization or institution approved by the
department. shall be on duty at all times when 1 or more children are
present.
R 400.4116 Chief administrator; responsibilities.
Rule 116. (1) An agency
child caring institution shall must assign designate
the a chief administrator., responsibility for A
chief administrator must demonstrate the administrative capability to oversee
the on-site day-to-day operation of the child caring institution and for
ensureing compliance with these rules.
(23) An
institution’s chief administrator shall must be
administratively responsible annually: for all of the following functions:
(3a) Not
less than once annually, Cconduct a written assessment and
verify the agency’s child
caring institution’s compliance with these
rules.
(4b) Develop
and implement a written plan to correct, within 6 months, rule violations
identified as a result of the assessment conducted pursuant to subdivision (a)
of this subrule.
(5c) Conduct
a written evaluation of trends and patterns of all unplanned discharges.
R 400.4117 Chief administrator; qualifications.
Rule 117. (1) A chief
administrator, at the time of appointment, shall must possess either
of the following:
(a) A master's degree in a human behavioral science, education, business administration, or public administration from an accredited college or university and 2 years of experience in a child caring institution or child placing agency or equivalent organization from another state or Canadian province.
(b) A bachelor's degree with a major in education, a human behavioral science, business administration, or public administration from an accredited college or university and 4 years of post-bachelor's degree experience in a child caring institution or child placing agency or equivalent organization from another state or Canadian province.
(2) An organization
child caring institution shall must notify the licensing
authority of a change of chief administrator. within 30 days of the change.
(3) In the event of a change in the chief administrator, his or her education and qualifications must be reviewed and approved by the department prior to assuming duties. In the event of exigent circumstances, the approval may be obtained within 5 business days after the chief administrator’s duties are assumed.
R 400.4118 Social service supervisor; qualifications.
Rule 118. A social service
supervisor, at the time of appointment to the position, shall must
possess either of the following:
(a) A master's degree in a human behavioral science from an accredited college or university and 2 years of experience as a social service worker.
(b) A bachelor's degree in a human behavioral science or another major with 25% of the credits in a human behavioral science from an accredited college or university and 4 years of experience as a social service worker.
R 400.4119 Social service worker; qualifications.
Rule 119. A social service
worker, at the time of appointment to the position, shall must possess
a bachelor's degree with a major in a human behavioral science from an
accredited college or university or another major with 25% of credits in human
behavioral sciences.
R 400.4120 Supervisor of direct care workers; qualifications.
Rule 120. (1) A
supervisor of direct care workers shall must have 1 of the
following:
(a) A bachelor's degree from an accredited college or university and 2 years of work experience in a child caring institution.
(b) Two years of college from an accredited college or university and 3 years of work experience in a child caring institution.
(c) A high school diploma and 4 years of work experience in a child caring institution.
R 400.4121 Direct care worker; qualifications.
Rule 121. A direct care
worker shall must have completed high school or obtained a
general equivalency diploma (GED).
R 400.4122 Resident Youth
and parent visitation family time.
Rule 122. An child
caring institution shall must have the capability
to provide for visits family time, both in-person and
virtual, between each resident youth and the resident's
youth’s parents or guardian, and siblings, provided the child
caring institution offers sibling family time. Family time must be
provided unless parental rights have been terminated or the resident's
record contains documentation that visitation is detrimental to the resident
or there is a court order restricting the family time.
R 400.4123 Education.
Rule 123. (1) An child
caring institution shall must not admit a child for care
unless provide an appropriate educational program can be provided,
in accordance with the individual needs of the youth, including any special
education needs.
(2) Provision shall be
made for A youth in care must receive an appropriate education
program in accordance with the revised school code, 1976 PA 451, MCL
380.1 to 380.1853, and all applicable state and federal law. Each resident
child of school age shall must be enrolled not later than
5 school days after admission and continuously thereafter.
(3) For children who are wards of the state, a child caring institution will ensure that a legal guardian for educational decisions is identified in the child’s preliminary service plan and service plan. The service plan must include the name, address, and other current contact information for the legal guardian responsible for educational decisions.
R 400.4124 Communication.
Rule 124. (1) An
child caring institution shall must have and follow a
written policy regarding communication that ensures that a child is able to
communicate with family and, if the facility permits, friends, in
addition to the child’s legal guardian ad litem or attorney, and the
child’s caseworker, in a manner appropriate to the child’s functioning and
consistent with the child’s treatment plan and security level.
(2) The communication policy must include access to interpreters and written materials in formats to ensure effective communication for all youth.
R 400.4125 Personal possessions; money; clothing; storage space.
Rule 125. (1) A licensee shall
must have do a written policy that designates all of
the following:
(a) The method used to Ssafeguard residents’ youths' personal
possessions and money.
(b) The method used to
Aaccurately account for and return possessions and money to the resident
youth or guardian upon discharge.
(c) The method for ensuring
Ensure that each resident youth has sufficient clean,
properly fitting, seasonallyappropriate clothing.
(d) Provide access to clothing that is consistent with the youth’s gender expression.
(2) The licensee shall
must provide accessible storage space for personal possessions.
R 400.4126 Sufficiency of staff.
Rule 126. The
licensee shall have a sufficient number of administrative,
supervisory, social service, direct care, and other staff on duty must staff
the facility in a manner that enables the child caring institution to successfully
perform the prescribed functions required by these administrative rules and in
the agency’s program statement, and to provide for the continual needs,
protection, and supervision of residents youth.
R 400.4127 Staff-to-resident ratio.
Rule 127. (1) The licensee
shall develop and adhere to a written staff-to-resident child ratio
formula for direct care workers. If a child caring
institution is contracted by the department to care for youth, the facility
will follow its contracted ratio.
(2) At a minimum, 1 direct
care worker shall be is responsible for not more than 10 residents
youth at 1 time during resident youths' normal awake hours
and not more than 20 residents at 1 time during the residents' youths’
normal sleeping hours.
(3) The ratio formula for direct care workers shall
must correspond with the child caring institution's purpose
and the needs of the residents youth and shall assure
ensure the continual safety, protection, and direct care and supervision
of residents youth.
(4) When residents youth
are asleep or otherwise outside of the direct supervision of staff, staff shall
must perform variable interval, eye-on checks of residents youth.
The time between the variable interval checks shall must not
exceed fifteen15 minutes.
(5) During an offsite medical or mental health emergency, a child caring institution must ensure a staff member, or a parent or legal guardian, is supervising the youth.
(6) If a licensed child caring institution has admitted the maximum number that can be safely served by current staffing capacity and ratios, when a bed space becomes available, the facility will prioritize admission for admission youth who are residents of Michigan awaiting bed space.
R 400.4128 Initial staff orientation and ongoing staff training.
Rule 128. (1) The licensee
shall must provide an orientation program for new employees.,
contractors, interns, and volunteers providing services in the child caring
institution.
(2) Job shadowing shall
must not be the only form of orientation.
(3) The orientation shall
must include the following:
(a) The child
caring institution's purpose, policies, and procedures, including discipline
crisis prevention and intervention and de-escalation techniques,
and emergency and safety procedures.
(b) The role of the staff members as related to service delivery and protection of the children.
(24)
The licensee shall must provide a written plan of ongoing staff
training related to the role of the individual job functions and
within the child caring institution's program.
(35)
The licensee shall must document that each staff employee
whose function is covered by these rules has participated in a minimum of
50 clock hours of planned training within the first year of employment
and a minimum of 25 clock hours of training annually thereafter related
to the employee’s job function. At least 16 of the 50 hours provided in the
first year shall must be orientation provided prior to the
assumption of duties.
(46)
Training opportunities topics for direct care staff shall must
include,:but are not limited to, all of the following
(a) Developmental needs of children.
(b) Child
management techniques Ethics
and boundaries of staff with youth.
(c) Basic group dynamics.
(d) Appropriate discipline,
Ccrisis prevention and intervention, and child handling de-escalation techniques.
(e) The direct care worker's and
the social service worker's roles in the child caring institution.
(f) Interpersonal communication.
(g) Trauma-informed practice.
(h) Diversity, equity, and inclusion methods of service delivery, including diverse SOGIE identity.
(g) Proper and safe methods
and techniques of restraint and seclusion if the agency has an approved
seclusion room.
(hi) CPR and
Ffirst aid.
(57) An employee shall
may not participate in restraining a resident youth or
placing a resident a youth in seclusion prior to receiving
training on those topics. The training model shall must be
approved, in writing, by the department.
R 400.4129 Child caring
Iinstitutions serving developmentally disabled youth; written
procedures.
Rule 129. An child
caring institution providing care to youth with developmentally
disabled disabilities residents shall must require
staff to follow written procedures for bathing, feeding, toilet training,
and daily activities of residents. that address the services required
for the resident.
R 400.4130 Privacy and confidentiality of youth.
Rule 130. (1)An
institution The licensee must assure ensure resident youth and parent privacy
and confidentiality, and shall
must protect residents youth from exploitation.
(2) A resident's child’s
identity may be disclosed for public purposes or publicity only after both of
the following criteria are met:
(a) The parent has consented.
(b) The resident youth
has consented if the resident youth is capable of consent.
R 400.4131 Compliance with child protection law; development of plan required.
Rule 131. The licensee shall
develop and implement a written plan to assure compliance with must comply
with the child protection law, 1975 PA 238, MCL 722.621 to 722.638, including
mandated reporting requirements.
R 400.4132 Grievance procedures.
Rule 132. (1) An agency
child caring institution shall must have and follow a
written grievance handling procedure for residents youth and
their families. All of the following apply:
(a) The policy shall
must be provided to residents youth, their families, and
referring sources prior to or at admission.
(b) The policy shall
must be explained in a language and manner that the resident
youth and his or her family can understand.
(c) There shall must
be written acknowledgement the policy was provided as required in subdivision
(a) of this subrule.
(2) The procedure shall
must provide for all of the following:
(a) Safeguarding the
legal rights of residents and their families.
Who may initiate the grievance.
(ii) How the grievance is filed and ability to request assistance with filing.
(iii) Grievance response and timeframe processes, including appeal.
(iv) Documentation.
(v) Ability to report
grievances to third party agencies and the resident’s youth LGAL
and attorney.
(b) Addressing matters
that relate to compliance with the act, rules promulgated under the act, and
the agency's written policies and procedures regarding services covered by
these rules.
(c) Delineating
the method of initiating the procedure.
(d) Specifying time
frames for decisions.
(3) If A a
secure juvenile justice facility that uses room confinement as a
behavioral sanction, the procedure shall must provide for all of
the following:
(a) Before the sanction begins, but not later than 24 hours after confinement for misconduct, an opportunity for the resident to be heard by a trained impartial fact finder designated by the chief administrator, who has no personal knowledge of the incident, and has the authority to release the resident from confinement.
(b) Staff assistance in preparing and presenting his or her grievance or defense.
(c) A meaningful process of appeal.
(4) An agency
shall child caring institution must provide a grievant with a
written copy of the grievance resolution.
R 400.4133 Institutional
care for children under 6 10 years of age.
Rule 133. A child under 6
10 years of age shall may not remain in an child
caring institution for more than 30 days, unless this stay is
documented to be in the best interest of the
child.
R 400.4134 Religious/or
spiritual policy and practices.
Rule 134. (1) The child
caring institution shall must have and follow a policy on religious/
or spiritual participation that contains, at a minimum, both of the
following:
(a) A resident youth
shall may not be prohibited from participating in religious
activities and services in accordance with the resident's youth’s
own faith and parental direction as long as the participation does not conflict
with the safety and security of the facility child caring institution.
(b) A resident Youth
shall may not be compelled to attend religious services or
religious education nor be disciplined for failing to attend.
(2) The child caring
institution shall must provide the policy to youth, parents,
and referral sources prior to or at admission.
R 400.4135 Resident Youth
work experience.
Rule 135. (1) An child
caring institution shall must have and follow a written
policy regarding work experiences for residents youth that
specifies, at a minimum, all of the following:
(a) How and when residents
youth are or are not compensated for
working.
(b) Means of protection from exploitation.
(c) The types of work
experience that residents youth will engage in.
(2) Work experiences for a
resident youth shall must be appropriate to the age,
health, and abilities of the resident
youth, and used in conjunction with the youth’s treatment plan.
(3) Residents Youth
shall are not be permitted to work for staff members’
personal gain and shall must be protected from personal exploitation.
R 400.4136 Recreational activities, equipment, and supplies; swimming restriction.
Rule 136. (1) An child
caring institution shall will have and follow a written
policy regarding recreational activities, equipment maintenance, appropriate supervision related to age of youth and developmental
level of youth, and training of staff involved in recreational
activities.
(2) A child caring institution shall ensure appropriate supervision related to the age of youth and developmental level of youth in any recreational activity,
(23) Residents
Youth shall must be provided a variety of indoor and
outdoor recreational activities designed to meet the residents’ youths' needs. Youth must be given the
opportunity of an outside activity at least once a day unless there is
inclement weather.
(34) An
child caring institution shall provide appropriate recreation supplies
and equipment.
(45) Swimming
shall be is permitted only where and when a qualified
lifeguard, who is not counted in the staffing ratio, is on duty and
who is not counted in the staffing ratio.
(56) As used
in this rule, high adventure activity means a program that requires specially trained staff or special safety precautions to reduce the possibility of an
accident. If the child caring institution provides high adventure
activities, including swimming, the child caring institution shall
must have and follow a program statement that covers all of the
following:
(a) Activity leader training and certification and experience qualifications appropriate to the activity.
(b) Specific staff-to-resident
youth ratio appropriate to the activity.
(c) Classifications and
limitations for resident youth participation.
(d) Arrangement, maintenance, and inspection of the activity area.
(e) Equipment and the biannual inspection and maintenance of the equipment and the program by a nationally recognized inspection process.
(f) Safety precautions.
(g) High adventure
activities shall must be conducted by an adult who has training
or experience in conducting the activity.
(27) If
child caring institution staff take youth away from the child caring
institution for or more overnights, the institution shall must keep
a travel plan on file at the institution. The travel plan shall will
include an itinerary and pre-established check-in times.
R 400.4137 Sleeping rooms.
Rule 137. (1) Residents
Youth may be required to remain in their assigned rooms for up to 30 minutes
to accommodate staff shift changes.
(2) Residents of the
opposite sex, if either is over 5 years of age, shall not sleep in the same
sleeping room. A child
caring institution will consider a youth’s gender identity when determining a sleeping
arrangement consistent with the youth’s health and safety needs.
(3) In new and converted child
caring institutions, single occupant sleeping rooms shall must
not be less than 70 square feet, exclusive of closet space.
(4) In new and converted child
caring institutions, multi-occupant sleeping rooms shall must
not be less than 45 square feet per occupant, exclusive of closet space.
(5) In new or converted
secure child caring institutions, locked resident youth sleeping
rooms shall must be equipped with a 2-way monitoring device.
(6) In programs that
accept youth who are minor parents who have children placed together, the
child caring institution must follow the department’s safe sleep practices
located at www.michigan.gov/dhhs for children who are less than 2 1 years
of age. , the following safe sleep conditions shall be followed. an
institution shall follow the department’s safe sleep practices located at.
(a) Infants, birth to 12
months of age, shall rest alone in a crib that meets all of the following conditions:
(i) Has a firm,
tight-fitting mattress with a waterproof, washable covering.
(ii) Does not have any
loose, missing, or broken hardware or slats.
(iii) Has not more than
2 3/8 inches between slats.
(iv) Has no corner posts
over 1/16 inches high.
(v) Has no cutout
designs in the headboard or footboard.
(vi) Has a tightly
fitted bottom sheet that covers the mattress with no additional padding placed
between the sheet and mattress.
(vii) Blankets shall not be draped over cribs or bassinets.
(viii) Soft objects,
bumper pads, stuffed toys, blankets, quilts or comforters, and other objects
that could smother a child shall not be placed with or under a resting or
sleeping infant. An infant’s head
shall remain uncovered during sleep.
(7) Objects may not be placed or draped over a crib, bassinet, or pack n play, and an infant’s head may not be covered during sleep.
(b) Infant car seats,
infant seats, infant swings, highchairs, playpens, pack-n-play, waterbeds,
adult beds, soft mattresses, sofas, beanbags, or other soft surfaces are not
approved sleeping equipment for children 24 months of age or younger.
(c) Children 24 months
or younger who fall asleep in a space that is not approved for sleeping shall
be moved to approved sleeping equipment appropriate for their size.
(d) Children birth to 24
months of age shall sleep alone in a crib or toddler bed that is appropriate
and sufficient for the child’s length, size, and movement. An infant shall be placed on his or her back for
resting and sleeping.
(e) An infant unable to
roll from stomach to back, and from back to stomach, when found facedown, shall
be placed on his or her back.
(f) An infant who can
easily turn over from his or her back to his or her stomach shall initially be
placed on his or her back, but allowed to adopt whatever position he or she
prefers for sleep.
(g) For an infant who
cannot rest or sleep on his or her back, the institution shall have written instructions, signed by
a physician, detailing an alternative safe sleep position and/or other special
sleeping arrangements for the infant.
(h8) The child
caring institution shall maintain supervision and frequently monitor
infant’s breathing, sleep position, and bedding for possible signs of distress.
Baby monitors shall must not be used exclusively to comply
adhere with this subrule subdivision.
R 400.4138 Bedding and linen.
Rule 138. (1) Each resident
youth shall must be provided with an individual bed with a
clean pillow, and mattress. and sufficient clean blankets.
(2) Unless otherwise
indicated by the youth’s safety plan, Eeach resident youth
shall must be provided with clean sheets, and a
pillowcase, and sufficient clean blankets at least weekly and more
often if soiled.
(3) All bedding shall
must be in good repair and shall be cleaned and sanitized before being
used by another person.
R 400.4139 Driver’s
license. Rescinded.
Rule 139. The
institution shall document that the driver of any vehicle transporting
residents at the request of or on behalf of the licensee shall be an adult and
possess a valid operator or chauffeur license with endorsement appropriate to
the vehicle driven and the circumstances of its use.
R 400.4140 Transportation.
Rule 140. (1) The child
caring institution shall must have and follow a policy on
vehicle maintenance that ensures vehicles are properly maintained.
(2) All vehicles shall
must be insured as required by state law.
(3) The child caring institution shall document that any employee driver of any vehicle transporting youth at the request of or on behalf of the licensee possesses a valid operator or chauffeur license with endorsement appropriate to the vehicle driven and the circumstances of its use. The child caring institution must have written verification annually that the employee’s operator’s license is valid.
(34) Each resident
transported Transported youth shall must occupy a
manufacturer's designated seat. A resident Youth shall may
not be transported in any portion of any vehicle not specifically designed by
the manufacturer for passenger transportation.
(5) Each driver and youth transported must be properly restrained with safety belts while the vehicle is being operated.
(46) Infants
and children shall must use age-appropriate child safety seats as
required by state law.
(7) In the event a child removes the safety belt while the vehicle is being operated, the driver must come to a complete stop at the earliest opportunity and remain stopped until the child reattaches the safety belt.
R 400.4141 Safety belts.-Rescinded.
Rule 141. The driver and
all passengers shall be properly restrained with safety belts while the vehicle
is being operated.
R 400.4142 Health services; routine and emergency care; policies and procedures.
Rule 142. (1) An child
caring institution must provide timely health services. In case of an
accident or sudden adverse change in a youth's physical condition or
adjustment, the child caring institution must immediately obtain needed care.
(2) An child
caring institution shall must establish and follow written
health service policies and procedures addressing all of the following:
(a) Routine and emergency
medical, and dental, and behavioral health care.
(b) Health screening procedures.
(c) Documentation of medical
health care and maintenance of health records.
(d) Storage of medications.
(e) Dispensing medication, including methods for dispensing medication when the youth will be off site, for example, all-day outings, parenting time, and court appearances. Prescription medication, including dietary supplements, or individual,
special medical procedures must be given, taken, or applied only as prescribed by a
licensed physician or dentist.
(g) Methods for
dispensing medication when the resident will be off site. Procedures for communicating youth health care
needs at the child caring institution and during any transition of care, for
example, at admission, visitation, discharge, and transfer for inpatient
medical or psychiatric care, or both.
(h) Provisions to ensure that the youth has immediate access to medication in the event of an urgent medical situation.
(23) Resident
Youth medications shall must be kept in the original
pharmacy supplied container until dispensed, and shall must
be kept with the equipment to administer it in a locked area, and refrigerated,
if required.
(a) Medications the child is taking on admission.
(b) Medications recommended during treatment.
R 400.4143 Medical treatment; supervision.
Rule 143. Medical
treatment shall must be under the supervision of a licensed
physician or other licensed health professional as permitted by law.
R 400.4144 Admission health screening; physical examinations.
Rule 144. (1) An initial
health screening, including a body chart of any evidence of injury,
including bruises, scars, and any other injury, shall must be
completed by the child caring institution for each resident youth
within 24 hours of admission to a facility. An urgent medical or mental
health need identified at intake will be addressed immediately with the
institution’s medical staff or by transport to an emergency medical
institution.
(2) An institution shall
must have the following documentation identify
health needs within 3 days of admission by any of the following:
(a) Reviewing documentation of the most recent examination completed under department policy.
(b) Completing a comprehensive examination appropriate to the youth’s age per department policy.
(c) Conducting Aan earlier
examination earlier than the deadline is if medically indicated:.
(a) For a resident under
3 years of age, a physical examination shall have been completed within 90
calendar days prior to admission or a new physical examination shall be
completed within 30 calendar days after admission.,
(b) For a resident 3
years of age or older, a physical examination shall have been completed within 1
year prior to admission or a new physical examination shall be completed within
30 calendar days after admission.
(3) Sufficient health
history information shall be documented for each resident to assure proper
medical care. The admission
comprehensive health examination must follow, at a minimum, the recommendations
by the American Academy of Pediatrics Bright Futures Guidelines.
(4) Nothing in the rules
adopted under the act shall authorizes or requires a
medical or physical examination or treatment for any child whose parent objects
on religious grounds. If a parent objects to medical or physical examinations
or treatments on religious grounds, the objection shall must be
made in writing to the institution and retained in the resident’s file.
R 400.4145 Periodic physical examinations.
Rule 145. (1) An child
caring institution shall must provide and document, a
comprehensive, periodic physical examination for each resident youth
as follows, unless greater frequency is medically indicated:
(a) At least once every 3
months for residents youth under one year of age.
(b) At least once every 14
months for residents youth one year of age or older.
(2) Nothing in the rules
adopted under 1973 PA 116 shall the act authorizes or
requires a medical or
physical examination or treatment for any youth whose parent objects on
religious grounds. If a parent objects to medical or physical examinations or
treatments on religious grounds, the objection shall must be made
in writing to the institution and retained in the resident’s youth’s file.
R 400.4146 Immunizations.
Rule 146. (1) A resident
youth shall have current immunizations as required by the department of community health.
(2) If documentation of
immunizations is unavailable, Iimmunizations shall must
begin within 30 calendar days of admission, unless a statement from a physician
licensed health care provider indicatinges there is
any of the following:
(a) Documentation of the most recent immunizations completed under department policy.
(b) The need to provide immunizations appropriate to the youth’s age per department policy.
(c) A statement
that immunizations are contraindicated and is included in
the resident’s youth’s
record.
(3) A written statement
from a physician, referring agency, parent, or guardian indicating
immunizations are current is sufficient documentation of immunizations Documentation of immunizations from the
Michigan Care Improvement Registry is the primary source to determine if
immunizations are up to date.
(4) Nothing in the rules
adopted under 1973 PA 116 the act shall authorizes or
requires immunizations for any youth whose parent objects on
religious grounds unless the youth is a temporary
court ward, a motion is heard, and an order is entered by the circuit court for
the youth’s case. If a parent objects to immunizations on religious
grounds, the objection shall must be made in writing to the
institution and retained in the resident’s youth’s file.
R 400.4147 Dental care.
Rule 147. (1) A licensee
Child caring institution staff shall must provide for and
document dental examinations and treatment for each resident3 youth
1 years of age and older.
(2) A dental examination
within12 3 months prior to admission shall must be
documented or there shall must be an examination not later than
90 calendar days following admission.
(3) Reexamination shall
must be provided at least every 14 6 months unless greater
frequency is indicated.
R 400.4148 Personal hygiene.
Rule 148. An child
caring institution shall must assure ensure that
each resident youth maintains or receives personal care, hygiene products,
and grooming products appropriate to the resident's youth’s age,
sex, gender, race, cultural background, and health needs.
R 400.4149 Resident nutrition.
Rule 149. (1) A licensee
shall child caring institution will provide a minimum of 3
nutritious edible meals daily unless medically contraindicated and
documented. Food must be free from spoilage, filth, or other contamination
and be safe for human consumption.
(2) Meals shall must
be of sufficient quantity to meet the nutritional allowances recommended USDA
guidelines: https://health.gov/news/202012/usda-and-hhs-just-released-dietary-guidelines-americans-2020.
(3)A resident who has
been prescribed a special diet by a physician shall be provided such a diet. A child caring institution must
provide any special diet that has been prescribed by a licensed physician.
(4) A child caring institution must provide any special diet dictated by differing nutritional requirements related to the youth’s age, medical condition, or religious beliefs.
(45) Menus,
including snacks if provided, shall must be written and posted
prior to the serving of the meal. Any change or substitution shall must
be noted and considered as part of the original menu. Menus shall be
retained for 1 year.
R 400.4150 Incident reporting.
Rule 150. (1) Any of
the following incidents resulting in serious injury of a resident
or illness requiring inpatient hospitalization, shall be reported, but not more
than 24 hours after the incident. Child caring institution staff must contact
the youth’s parent or legal guardian, the licensing authority, and the
caseworker within 12 hours, and provide a written report to the same parties
within 24 hours of any of the following:
(a) Any accident, illness, or mental health crisis that requires emergency medical attention, hospitalization, or both.
(b) Attempts at self-inflicted harm or harm to others that causes injury.
(c) Attempted absent without leave or escape from the institution.
(d) Incidents or allegations of sexual abuse or other forms of sexual misconduct.
(e) Behaviors that result in contacting law enforcement.
(f) Any use of prohibited methods of discipline under R 400.4158.
(g) Any use of lockdown procedure under R 400.4165.
(2) The death of a resident
youth to the parent/ or legal guardian, responsible
referring agency, and the licensing authority as soon as possible shall must
be reported immediately to the parent/legal guardian or next of kin, law
enforcement, the licensing authority, and the referring agency. Child caring institution staff must provide a
written report to the same parties within 24 hours.
(3) If an child
caring institution determines that a youth is absent without legal
permission, then the child caring institution staff shall
must immediately report the information to law enforcement,;
the parent/, legal guardian, or next of kin,;
the licensing authority,; and the referring agency. Child caring institution staff
must provide a written report to the same parties within 24 hours.
(4) When a resident’s
behavior results in contact with law enforcement, the incident shall be
reported to the parent/legal guardian, responsible referring agency, and the
licensing authority as soon as possible, but not more than 24 hours after the incident.
R 400.4151 Emergency; continuity of operation procedures.
Rule 151. (1) An child
caring institution shall must establish and follow written
emergency procedures that have been approved by the department that maintain
the continuity of operations for a minimum of 72 hours to assure ensure
the safety of residents youth for the following circumstances:
(a) Fire.
(b) Severe weather.
(c) Medical emergencies.
(d) Transmission of communicable diseases.
(de) Missing persons.
(ef) Disasters.
(fg) Utility failures.
(h) Environmental hazards.
(2) The procedures shall
must explain, in detail, all of the following:
(a) Staff roles and responsibilities.
(b) Evacuation procedures.
(c) Required notifications,
including, but not limited to, the parent or legal guardian, and
the licensing authority, the referring agency, and law enforcement.
(d) Methods for maintaining continuity of services.
R 400.4152 Initial documentation.
Rule 152. At the time of
admission, all of the following shall must be in the resident's
youth’s case family
service plan record:
(a) Name, address, birth date, sex, gender, SOGIE identity, race, height, weight, hair color, eye color, identifying marks, religious preference, and school status.
(b) A photograph taken within the previous 12 months.
(c) A brief
description of the resident's youth’s preparation for placement
care and treatment in a child caring institution.
(d) A description and
documentation of the and general physical and emotional state at the
time of admission, immediate
medical and mental health needs, and immediate safety planning for the
protection of the youth and others in the child caring institution.
(e) Documentation of health information including current medications, both prescribed and over the counter, medical examinations, mental health assessment and treatment plan, if applicable, and laboratory data from the prior year.
(ef) Name,
address, and marital status of parents and name and address of legal guardian,
if known. If unknown , that
information must be obtained and entered into the youth’s youth and family
service plan record within 7 calendar days.
(fg) Date of
admission and legal status.
(gh) Documentation
of legal right to provide care, either
through consent of a parent or legal guardian, or by court order.
(hi) Authorization
to provide medical, dental, and surgical care and treatment as provided in
section 14a(1), (2), and (3) of 1973 PA 116the act, MCL 722.124a.
(ij) A brief
description of the circumstances leading to the need for care.
(jk) Documentation
that the grievance policy was provided as required in R 400.4132.
R 400.4153 Shelter care and detention institutions; preliminary service plans.
Rule 153. (1) Within 7
calendar days of admission, a plan shall must be developed for
each resident youth. The plan shall must include
all of the following:
(a) The reason for care and treatment.
(b) An assessment of the resident’s
youth’s immediate and specific needs,
including input by the youth and parent or legal guardian.
(c) The specific services to be provided by the child caring institution.
(d) Other resources to meet
the resident’s youth’s needs.
(2) Copies of the plan shall be maintained at the child caring institution, and provided to the youth, parent or legal guardian, and the referring agency.
R 400.4154 Shelter care and detention institutions; service plans.
Rule 154. (1) Within 30
calendar days after admission and every 15 calendar days thereafter, an child
caring institution shall must complete a written service
plan. The service plan shall must include all of the following:
(a) The reason for continued care.
(b) Evaluation of service needs including input by the youth and parent or legal guardian.
(c) Ongoing service needs.
(d) How service needs will be met.
(e) Unmet service needs and the reasons those needs are unmet.
(2) Copies of the plan shall
must be maintained at the child caring institution, and
provided to the youth, parent or legal guardian, and the referring source.
R 400.4155 Child caring
Iinstitutions not detention institutions or shelter care institutions;
facilities; initial treatment plan.
Rule 155. (1) The social
service worker shall complete, sign, and date an initial
treatment plan for each resident youth within 30 calendar days of
admission.
(2) The initial treatment
plan developed by the social worker shall must document
input from the resident youth,; the resident’s
youth’s parents,; the youth’s medical or mental health
provider or clinician, or both; independent accessor; direct care staff,;
and the referral source, unless documented as
inappropriate.
(3) The initial treatment
plan shall include all of the following:
(a) An assessment of the resident’s
youth’s and family’s strengths and needs,
including input from the youth, and parent or legal guardian.
(b) Plans for parent and child visitation youth family time.
(c) Treatment goals to remedy
the problems of the resident improve youth and family functioning,
and time frames for achieving the goals.
(d) Indicators of goal achievement.
(e) The person responsible
for coordinating and implementing the resident youth and family
treatment goals.
(f) Staff techniques for
achieving the resident’s youth’s treatment goals, including a
specific behavior management plan. The plan shall must be
designed to minimize promote healing and prevent seclusion
and restraint and include a continuum of crisis prevention and intervention
and de-escalation responses to problem the youth’s behaviors.
(g) Projected length of stay and next placement.
(h) Permanency plan and steps that will be taken to achieve permanency.
(hi) For
youth who are permanent court wards or MCI wards, there must be documented co-ordination
with the agency assigned to complete adoption or responsible for case
management to achieve permanency planning as soon as possible
for the youth.
(ij) For
youth 14 years of age and over, a plan to prepare the youth for functional
independence.
(4) The social service
worker shall must sign and date the initial treatment plan.
(5) The social service
supervisor shall must, within 14 days of receipt of the worker’s
initial treatment plan, approve, countersign, and date the initial
treatment plan.
(6) Copies of the plan will be maintained at the child caring institution, and provided to the youth, parent or legal guardian, and the referring source.
R 400.4156 Child caring
Iinstitutions not detention institutions or shelter care institutions
facilities; updated treatment plan.
Rule 156. (1) The social
service worker shall must complete, sign, and date an
updated treatment plan for each resident youth at least once
every 90-calendar days following the initial treatment plan.
(2) The updated treatment
plan developed by the social worker shall must document
input from the resident youth,; the resident's
youth’s parents; the youth’s medical or mental health
provider or clinician, or both; direct care staff,;
and the referral source, unless documented as
inappropriate.
(3) The updated treatment
plan shall must include all of the following information:
(a) Dates, persons contacted, type of contact, and place of contact.
(b) Progress made toward achieving the goals established in the previous treatment
plan, including input by the youth and parent or legal guardian.
(c) Changes in the
treatment plan, including new problems and new goals to remedy
the problems improve youth and family and functioning .
Indicators of goal achievement and time frames for achievement shall must
be specified along with a
specific behavior management behavioral and calming plan designed
to minimize promote healing and prevent seclusion
and restraint and that includes a continuum of crisis prevention and intervention
and de-escalation techniques responses to respond to problem the youth’s behaviors.
(d) For youth who are
permanent court wards or MCI wards, there must be documented co-ordination
with the agency assigned to complete adoption or responsible for case
management to achieve permanency planning for the youth as soon as possible.
(e) For youth 14 years of age and over, a plan to prepare the youth for functional independence.
(4) The social service worker shall must sign and date the initial
updated treatment plan.
(5) The social service supervisor shall must, within 14 days
of receipt of the worker’s updated treatment plan, approve, countersign,
and date the updated treatment plan.
(6) Copies of the plan will be maintained at the child caring institution, and provided to the youth, parent or legal guardian, and the referring source.
R 400.4157 Behavioral
management and calming plan.
Rule 157. (1) An child
caring institution will shall establish and follow develop
written policies and procedures that describe the institution’s behavior
management system. The policies and procedures shall be reviewed annually and updated
as needed. These shall be available to all residents, their families, and
referring agencies. implement a behavioral and calming plan that includes
all the following:
(a) Development of agency-based crisis prevention and intervention strategies that are strength-based and non-coercive. The plan will be used to support staff development and assist youth in self-regulation and social skills. An agency plan will include all the following:
(i) On-site, sensory-based interventions that will be made available to youth.
(ii) A physical environment that promotes comfort and healing.
(iii) Access to a youth’s support team, which may include peer support.
(iv) Youth engagement with family.
(v) In the absence of family, developing a community of support for youth.
(vi) Opportunities to teach youth dispute resolution, conflict mediation, and negotiation skills.
(vii) Staff awareness and inclusion in each youth’s behavior and calming plan that is updated regularly, as needed.
(b) A plan for regular review and modification of each youth’s behavioral and emotional support plan at least on a quarterly basis or more frequently as needed.
(c) Development of an individualized behavioral and calming plan for each youth that includes:
(i) Safety and calming strategies unique for each youth, including options for support tools.
(ii) Utilizes trauma responsive and best practices.
(iii) A youth-centered prevention plan incorporating input and ideas from the youth and family.
(iv) Strength-based and non-coercive crisis prevention and intervention strategies that will be used to assist a youth in self-regulation and social skills.
(v) Options for fresh air, movement, and exercise.
(2) At a minimum, the
behavior management system shall include all of the following:
(a) A structured system
designed to reward the positive behavior of individual residents based upon the
effort put forth.
(b) Positive
intervention strategies to assist residents in developing improved problem
solving, self-management, and social skills.
(c) Written guidelines
for informally resolving minor misbehavior.
(d) Written rules of
conduct that specify all of the following:
(i) Expected behavior.
(ii) Acts that are
prohibited in the institution.
(iii) The range of
interventions that may be imposed for violation of those rules.
(e) Scheduled training
for institution personnel in the behavior management system.
(f) A provision for
resident input into the proper application of the behavior management system
The child caring institution must continually educate and support workforce competency and skill development to effectively implement the institution’s behavioral and calming plan approach.
(3) The agency written behavioral and calming plan policies must be reviewed annually and updated as needed.
(g4) A
provision for the distribution of behavior management policies and procedures
to Upon admission, the agency child caring institution must shall
provide each residents, parents, youth, family, and referral
agencyies. a handbook that includes the institution’s written
behavioral and calming plan policies summarized in appropriate language. The
actual policies must be available and provided upon request.
R 400.4158 Discipline Intervention
standards and prohibitions.
Rule 158. (1) An child
caring institution shall establish and follow written policies and
procedures regarding discipline. These shall be available to all residents,
their families, and referring agencies. that prohibit the following
forms of intervention:
(a) Any type of physical punishment including, but not limited to:
(i) Use of chemical agents including, but not limited to, pepper spray, tear gas, and mace.
(ii) Hitting or striking, throwing, kicking, pulling, or pushing a youth on any part of their body for the purpose of punishment.
(iii) Threats of restraint, seclusion, punishment, or otherwise suggesting physical or emotional harm to a youth.
(iv) Verbal abuse including the use of derogatory or discriminatory language including negative references to a youth’s background or appearance or mental state. Yelling, threats, ridicule, or humiliation are strictly prohibited.
(v) Peer-on-peer discipline.
(b) Denial of any essential program services as punishment. These include, but are not limited to, the following:
(i) Food or creating alternative menus.
(ii) Family time or communications with family.
(iii) The opportunity for at least 8 hours of sleep in a 24-hour period.
(iv) Shelter, clothing, medical care, or essential personal needs, including culturally specific items.
(v) Any actions that inhibit a youth’s ability to achieve permanency.
(2) An institution shall
prohibit all cruel and severe discipline, including any of the following:
(a) Any type of corporal
punishment inflicted in any manner.
(b) Disciplining a group
for the misbehavior of individual group members.
(c) Verbal abuse,
ridicule, or humiliation.
(d) Denial of any
essential program services, including adoption planning.
(e) Withholding of food
or creating special menus for behavior management purposes.
(f) Denial of visits or
communications with family.
(g) Denial of
opportunity for at least 8 hours of sleep in a 24-hour period.
(h) Denial of shelter,
clothing, or essential personal needs. An agency will provide a list of
these prohibited practices to all youth, their families, and referring agencies
upon admission.
(3) Residents shall not
be permitted to discipline other residents.
R 400.4159 Resident Youth
restraint; pregnant youth; reduction, prevention;
prohibited restraints; elimination of restraints.
Rule 159. (1) An child
caring institution must shall establish and follow written
policies and procedures regarding restraint a process improvement
and restraint reduction/elimination plan that:
(a) Includes documentation of each restraint.
(b) Requires staff training in approved crisis prevention and intervention techniques including:
(i) Prevention, de-escalation techniques, and non-violent responses to assaultive behavior.
(ii) Conflict management.
(iii) Minimizing trauma.
(iv) Staff emotional self-regulation techniques.
(c) Training must be conducted by certified trainers.
(d) Staff must complete refresher training annually or more frequently as needed.
(e) The agency must maintain documentation verifying staff training.
(f) The agency will review all restraints at least monthly.
(g) The agency shall establish a restraint reduction committee for the purpose of analysis, process improvement, communication, and recognition of efforts to eliminate the use of restraints.
These policies and
procedures shall be available to all residents, their families, and referring
agencies.
(2) Resident restraint
must be performed in a manner that is safe, appropriate, and proportionate to
the severity of the minor child’s behavior, chronological and developmental
age, size, gender, physical condition, medical condition, psychiatric
condition, and personal history, including any history of trauma, and done in a
manner consistent with the resident’s treatment plan. The following
restraints are strictly prohibited:
(a) Use of chemical restraints as defined in section 2b of the act, MCL 722.112b.
(b) Use of pressure point control and pain adherence techniques at the facility.
(c) Use of straightjackets, hogtying, and restraint chairs.
(d) Restraining youth to fixed objects, including beds or walls.
(e) Restraining youth in a prone position or any restraint that restricts the youth’s airway.
(f) Using restraints for punishment, discipline, retaliation, or humiliation.
(g) Peer-on-peer discipline or utilizing the assistance of another youth to implement a restraint.
(3) Subrules (4) and (5)
apply to those public or private licensed child caring institutions for which
the primary purpose is to serve juveniles that have been accused or adjudicated
delinquent for having committed an offense, other than a juvenile accused or
adjudicated under section 2 of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2. For a youth who is pregnant, including a youth who
is in labor, delivery, or post-partum recovery, mechanical restraints are
prohibited. In addition, the following restraints are prohibited for use on
pregnant youth:
(a) Abdominal restraints.
(b) Leg and ankle restraints.
(c) Wrist restraints behind the back.
(d) Four or five-point restraints.
(4) Mechanical
restraints must not be used on pregnant youth, including youth who are in
labor, delivery, and post-partum recovery, unless credible, reasonable grounds
exist to believe the youth presents an immediate and serious threat of hurting
self, staff, or others. Only the least restrictive
intervention necessary to prevent immediate harm to the youth or others may be
used and follows an individualized set of graduated interventions that avoid
the use of restraints.
(5) The following
restraints are prohibited for use on pregnant youth unless reasonable grounds
exist to believe the youth presents an immediate and credible risk of escape
that cannot be reasonably minimized through any other method:
(a) Abdominal restraints.
(b) Leg and ankle
restraints.
(c) Wrist restraints
behind the back.
(d) Four-point
restraints on known pregnant juveniles. In the event a restraint occurs,
it must be performed in a manner that is safe, appropriate, and proportionate
to the severity of the youth’s behavior, chronological and developmental age,
size, gender, physical condition, medical condition, psychiatric condition, and
personal history, including any history of trauma, and must be done in a manner
consistent with the youth’s treatment plan.
(6) The written policy
must include all of the following:
(a) Procedures for the
review of an incident of restraint within 48 hours by a level of supervision
above the staff ordering or conducting the restraint to determine if the
requirements of the institution’s procedures were adhered to in directing and
conducting the restraint.
(b) Procedures for the
provision of sufficient and adequate training for all staff members of the
institution who may use or order the use of restraint using the institution’s
written procedures.
(c) Procedures for
recording restraints as an incident report.
(d) Procedures for the
review and aggregation of incident reports regarding restraints at least
biannually by the institution’s director or designee. If a personal or
mechanical restraint is used, staff must use the permitted methods of personal
and mechanical restraint, appropriate techniques for use of restraints, and the
child caring institution must provide guidance to staff in deciding what level
of restraint to use if that becomes necessary.
(7) The written policy
must only permit the licensee to restrain a child for the following
circumstances:
(a) To prevent injury to
the child, self-injury, or injury to others.
(b) As a precaution
against escape or truancy.
(c) When there is
serious destruction of property that places a child or others at serious threat
of violence or injury if no intervention occurs. Restraint must not last
longer than the minimal duration of time it takes for a youth to calm down and
to restore safety.
(8) The written policy
must prohibit, at a minimum, any of the following aversive punishment
procedures:
(a) The use of noxious
substances.
(b) The use of
instruments causing temporary incapacitation.
(c) Chemical restraint
as defined in the act. Staff must continuously monitor the youth’s breathing
and other signs of physical distress and take appropriate action to ensure
adequate respiration, circulation, and overall well-being.
(9) Restraint equipment
and physical restraint techniques must not be used for punishment, discipline,
or retaliation. When an emergency health
situation occurs or the youth exhibits sign of physical distress occurs during
the restraint, staff must immediately obtain treatment for the youth.
(10) The use of a restraint chair is prohibited.
All restraints for child caring institutions that are not secure juvenile
justice facilities, with the exception of an emergency restraint as provided in
R 400.4160, will be prohibited effective May 1, 2022.
(11) Resident restraint
must only be applied for the minimum time necessary to accomplish the purpose
for its use as specifically permitted in subrule (2) of this rule. Approval of
a supervisor must be obtained when the restraint lasts more than 20 minutes.
(12) The approval of
the administrator or his or her designee must be obtained before any use of
material or mechanical restraints. A staff member shall be present continuously
while material or mechanical restraint equipment is being used on a resident,
and the staff member shall remain in close enough proximity to the restraint to
intervene immediately in case of emergency to protect the safety of the resident.
(13) A staff person
shall document each use of material or mechanical restraint equipment in a
written record and shall include all of the following information:
(a) The name of the
resident.
(b) The name of the
administrator or designee who authorized the use of the equipment, and the time
of the authorization.
(c) The time the
restraint equipment was applied.
(d) The name of the
staff member who was responsible for the application.
(e) A description of the
specific behavior that necessitated its use.
(f) The name of the
staff person who was continuously with the resident.
(g) The date
and time of removal of the equipment and the name of the person removing the
equipment.
R 400.4160 Seclusion
rooms; department approval required. Emergency restraint.
Rule 160. (1) Prior to establishing a seclusion
room, an institution shall obtain written approval from the department’s
licensing authority and the department of licensing and regulatory affairs,
bureau of fire services. The use of emergency restraint as a lifesaving
response of a youth will be limited to:
(a) An emergency response to protect the youth or others from immediate serious physical harm, as that term is defined in section 136b(1)(f) of the Michigan Penal Code, 1931 PA 328, MCL 750.136b.
(b) When all other interventions in the agency crisis prevention and intervention plan and the youth’s individual safety and calming plan have been utilized but fail to protect the youth or others from serious physical harm.
(c) The emergency restraint must not last longer than needed to end the threat of serious physical harm.
(d) Staff must continuously monitor the youth’s breathing and other signs of physical distress and take appropriate action to ensure adequate respiration, circulation, and overall well-being.
(e) The youth must be released immediately when an emergency health situation occurs or a situation that presents physical distress occurs during the restraint. Staff must obtain immediate medical treatment for the youth.
(2) Prior to changing
policies related to the use of a seclusion room, an institution shall obtain
written approval from the department’s licensing authority.
R 400.4161 Seclusion
rooms; policies and procedures. Secure juvenile justice facilities;
mechanical restraint; policies and procedures; prohibitions.
Rule 161. An
institution approved to use a seclusion room shall establish and follow written
policies and procedures specifying its use. The policy shall include, at a
minimum, all of the following provisions:
(a)
Seclusion shall be performed in a manner that is safe, appropriate, and
proportionate to the severity of the minor child’s behavior, chronological and
developmental age, size, gender, physical condition, medical condition,
psychiatric condition, and personal history, including any history of trauma.
(b) The
room may only be used if a resident is in danger of jeopardizing the safety and
security of himself, herself, or others.
(c) The
room shall be used only for the time needed to change the behavior compelling
its use.
(d) Not
more than 1 resident shall be placed in a room at 1 time.
(e) Staff
shall observe the resident at intervals of 15 minutes or less and shall record
the
observation in a seclusion room log. Video surveillance shall not
be the only means of observation.
(f) The log shall include all of the following information:
(i) Name of resident.
(ii) Time of each placement.
(iii) Name of staff person responsible for placement.
(iv) Description of specific behavior requiring use or continued
use of the room and interactive strategy for removal.
(v) Medical needs addressed during seclusion, including medication
administration.
(vi) Time of each removal from the room.
(g) The room shall be equipped to minimize suicide risk and risk
of physical injury. Break-resistant glass glazing and/or security screening
shall be provided.
(h) The monitoring device or devices in a seclusion room shall be
on and monitored by an employee when a resident is in the room.
(1) Secure juvenile justice facilities must develop and implement written policies and procedures regarding the use of mechanical restraint in actual practice in secure detention and residential treatment juvenile justice facilities.
(2) Staff are prohibited from doing the following:
(a) Handcuffing youth together during transportation or restraining youth to a vehicle.
(b) Leave sleeping youth in restraints.
(c) Leaving a restrained youth alone.
(3) The only mechanical restraints that staff may use within a facility are handcuffs unless circumstances require and written approval is given by the chief administrator for the use of leg shackles, leg bar, or belly chains or belly belts, or both.
(4) Within the facility or during transportation to or from the facility, staff may use handcuffs when an assessment has been made that the youth presents a current risk of escape or serious, recent assaultive behavior has been documented and there are no other means available to provide for the safety of other youth and staff. In the rare instances that staff need additional restraints as described in subrule (3) of this rule during transportation, staff must document specific reasons for the use of any mechanical restraint other than handcuffs and obtain written approval by the chief administrator.
(5) During secure facility emergencies, such as a lockdown or riot, staff may use handcuffs and belly chains to prevent serious injury or escape. Staff must remove handcuffs and other restraints promptly after the youth is placed in his or her room or is otherwise in a safe place.
(6) In the event a mechanical restraint occurs, it must be performed in a manner that is safe, appropriate, and proportionate to the severity of the youth’s behavior, chronological and developmental age, size, gender, physical condition, medical condition, psychiatric condition, and personal history, including any history of trauma, and done in a manner consistent with the youth’s treatment plan.
(7) If a mechanical restraint is used, staff must use the permitted methods of mechanical restraint and appropriate techniques for use of restraints, and the agency shall provide guidance to staff in deciding what level of restraint to use if that becomes necessary.
(8) Restraint may not last longer than the minimal duration of time it takes for a youth to regain self-control and to restore safety.
(9) Staff must continuously monitor the youth’s breathing and other signs of physical distress and take appropriate action to ensure adequate respiration, circulation, and overall well-being.
(10) The youth must be released immediately when an emergency health situation occurs or a situation that presents physical distress occurs during the restraint. Staff must obtain immediate medical treatment for the youth.
R
400.4162 Seclusion rooms within secure and nonsecure facilities;
seclusion plan;
prohibitions;
reduction and elimination.; administrative oversight.
Rule
162. (1) The chief administrator or chief administrator designee shall be
informed of all instances of placement into a seclusion room within 24 hours.
(2)
The chief administrator or chief administrator designee shall track all
instances of the use of a seclusion room, the length of each confinement, the
frequency of individual residents confined, the reason for the confinement, and
the staff person who initiated the confinement for the purpose of analyzing the
effectiveness of the intervention for controlling behavior in the program.
(3)
For each instance in which a resident remains in the room for more than an
hour, the log shall contain documentation of supervisory approval and the
reasons for continued use.
(4)
For each instance in which a resident remains in the room for more than 2
hours, the log shall contain hourly supervisory approval and the reasons for
continued use.
(5)
When the seclusion room is used for more than 3 hours, administrative review
above the level of the supervisor who approved the extended use shall be
completed and documented within 48 hours.
(1) An agency must establish a process improvement and a seclusion reduction/elimination plan that addresses the following areas:
(a) Requires staff training in approved crisis prevention and intervention techniques including:
(i) Prevention, de-escalation techniques, and non-violent response to assaultive behavior.
(ii) Conflict management.
(iii) Minimizing and addressing trauma for youth and staff.
(b) Training must be conducted by certified trainers.
(c) Staff shall complete refresher training annually or more frequently as needed.
(d) Access to youth support team members.
(e) Review and update the youth’s individual behavioral and calming plan, as needed.
(2) Prior to using seclusion, staff must use less restrictive techniques to de-escalate the situation such as talking with youth, bringing in other staff or qualified mental health professionals to assist, or engaging family members other youth to talk with the youth. Prior to using seclusion or immediately after placing a youth in seclusion, staff will explain to the youth the reasons for the seclusion and the fact that he or she will be released upon regaining self-control.
(3) Seclusion must be performed in a manner that is safe, appropriate, and consistent with the youth’s chronological and developmental age, size, gender, physical condition, medical condition, psychiatric condition, and personal history, including history of trauma.
(4) Staff must only use seclusion as a temporary response to prevent life-threatening injury or serious bodily harm when other interventions are ineffective.
(5) Staff may not use seclusion for discipline, punishment, administrative convenience, retaliation, staffing shortages, or reasons other than a temporary response to behavior that threatens immediate harm to a youth or others.
(6) Staff may not place youth in seclusion for fixed periods of time. Staff must release the youth from seclusion as soon as the youth has regained self-control and is no longer engaging in behavior that threatens immediate harm to the youth or others.
(7) During the time that a youth is in seclusion, staff will engage continuous or periodic one-on-one observation on a case-by-case basis as the situation requires.
(8) Youth in seclusion must have reasonable access to water, toilet facilities, and hygiene supplies.
(9) Staff will keep designated areas used for seclusion clean, appropriately ventilated, and at comfortable temperatures.
(10) Designated areas used for seclusion must be suicide-resistant and protrusion-free.
(11) All seclusion will be prohibited effective May 1, 2022.
R
400.4163 Secure facilities serving juvenile justice youth; seclusion room.
Health status
assessment; notification; debriefing; reporting.
Rule
163. (1) A child caring institution shall not confine a resident in a room
as punishment for misconduct except within a secure facility serving
exclusively juvenile justice youth.
(2)
The institution shall establish and follow a written policy, which, at a
minimum, includes all of the following:
(a)
Supervisory approval prior to use of seclusion as punishment.
(b)
A process that allows the resident all the following:
(i)
Written notice of the alleged misconduct.
(ii)
Written notice of actions that can be taken to be released.
(iii) Items in subrule (2)(b)(i) and (ii) of this rule shall be provided to
the resident before the seclusion begins.
(iv)
If a resident is originally placed in seclusion for a reason other than a
sanction and the institution determines that the confinement will also be used
as a sanction, the items in subrule (2)(b)(i) and (ii) of this rule shall be
provided not later than 24 hours after the resident is placed into seclusion.
(c)
All sanctions of room confinement shall be for specific periods of time.
(d)
A sanction of room confinement shall not exceed 72 hours inclusive of any time
spent in seclusion for out-of-control behavior at the time of the incident
itself. Sanctions of 72 hours shall be reserved for only the most serious
misconduct.
(e) Staff shall observe the resident at intervals of 15 minutes or less and
shall record the observation in a seclusion room log.
(f)
The log shall include all of the following information:
(i) Name of resident.
(ii)
Time of each placement.
(iii)
Name of staff person responsible for each placement.
(iv) Description of specific behavior requiring use of room.
(v)
Time of observations of resident.
(vi)
Time of each removal from room.
(vii)
Addressing of medical needs, including medication administration.
(g)
An institution shall not implement a resident reintegration behavior plan that
extends the period of room confinement. A resident shall be released from room
confinement at the end of the specified period.
(3)
Prior to establishing or changing a policy under this rule, an institution
shall have written approval from the department licensing authority.
(1) The agency shall develop and implement written procedures for health status screening, notifications, debriefing, and reporting when a restraint, including an emergency restraint, or seclusion is used.
(2) Health status screening of the youth will occur immediately after seclusion or restraint by staff assigned to this screening as defined in agency policy. If the youth has any physical complaints or if the screening staff has any concerns, depending on the severity of the complaint or concerns, the staff will arrange for the youth’s health needs to be met immediately by any of the following actions:
(a) Consultation with the on-call or onsite nursing staff.
(b) Referral for an off-site health assessment.
(c) Contacting emergency medical services.
(3) Notification must be made to the following individuals in the event of a restraint or seclusion:
(a) If a restraint or seclusion does not involve injury or medical intervention, or an injury that does not give rise to a serious injury as defined by section 8 of the child protection law, 1975 PA 238, MCL 722.628, the following individuals shall be notified within 12 hours:
(i) The youth’s parent or parents or legal guardian or guardians, including the MCI Superintendent, if applicable.
(ii) The youth’s child and family caseworker.
(iii) The youth’s attorney or guardian ad litem.
(iv) The youth’s advocate, if applicable.
(v) Any other individual the court finds appropriate for notification.
(b) If a restraint or seclusion results in serious injury, the following individuals shall be notified as soon as possible but no later than 6 hours after the incident:
(i) The youth’s parent or parents or legal guardian or guardians, including the MCI Superintendent, if applicable.
(ii) The youth’s child and family caseworker.
(iii) The youth’s attorney or guardian ad litem.
(iv) The youth’s advocate, if applicable.
(v) Any other individual the court finds appropriate for notification.
(c) The notification shall include all the following:
(i) The date and time of the restraint or seclusion.
(ii) A brief summary of events that led to the restraint or seclusion.
(iii) The actions taken following the restraint or seclusion, including any medical services provided.
(iv) A plan for debriefing following the incident, including how the notified individual will be engaged in the debriefing process.
(4) The agency shall implement a debriefing protocol containing the following characteristics:
(a) Consistent with trauma-informed principles.
(b) Consistent with the agency’s crisis prevention and intervention processes.
(c) Inclusive of involved youth and caregivers, staff directly involved in the incident, supervisors, management, and agency leadership.
(d) Informs ongoing quality improvement in the treatment of the individual youth.
(e) Informs ongoing quality improvement in the agency’s programs, policies, and practices.
(5) An agency will provide an incident report on a form prescribed by the department for each incident involving the use of seclusion or restraint. The initial report shall be submitted to the department with 24 hours of the incident occurring. A final incident report shall be submitted no later than 72 hours after the incident has occurred.
(6) If mechanical restraint was used, the report must also include the following:
(a) Name of administrator or designee who approved equipment use.
(b) Time of the authorization.
(c) Specific rationale for use.
(d) Time equipment was applied and removed, if different than the time of the overall incident.
(e) Name of the staff member who applied the equipment.
(f) Name or names of staff member or staff members continuously present with the youth throughout mechanical restraint use.
(7) The facility administrator shall review the use of restraint and seclusion on a quarterly basis to ensure that staff only use it as a temporary response to behavior that threatens immediate harm to the youth or others. Based upon the administrative review, a process improvement plan shall be implemented to address:
(a) Strategies to prevent use of restraints and seclusions for youth.
(b) Improve staff competency in non-physical crisis prevention and intervention techniques.
(8) The agency’s policies and procedures shall be provided and explained to all youth, their families, and referring agencies.
R 400.4164 Secure facilities serving juvenile justice youth;
reintegration. Rescinded.
Rule 164. A secure facility that serves juvenile justice
youth may have policies and
procedures used to reintegrate youth who have been placed in
seclusion back into the program.
A facility shall not use reintegration in conjunction with
seclusion that has been used as a
sanction for misconduct, if that would extend a resident’s
confinement for more hours than the
original sanction or more than 72 total hours. The policy for
reintegration shall include, at a
minimum, all of the following:
(a) The room may only be used for the time needed to change
the behavior compelling its use
(b) When a resident has been in seclusion for more than 2
hours, the reintegration plan shall be developed at the supervisory level and
shall include all of the following:
(i) A clear statement of the out-of-control behavior or risk
to others that requires continued seclusion.
(ii) Target behavioral or therapeutic issues that must be
resolved.
(iii) Specific reintegration requirements or behavioral or
therapeutic intervention assignments and goals that must be completed while the
resident is in the seclusion room, listed in writing, and shared with the
resident.
(iv) If intermittent removal from the seclusion room is required
for the resident to work on the specific behavioral/therapeutic intervention
goals, the level of restriction from the program and goals for the period of
time out of the room must be listed in writing and shared with the resident.
(v) The strategies staff are to use to aide the resident in
resolving the issues requiring seclusion and reintegrating into the program.
(c) The secure facility serving juvenile justice youth shall
comply with R 400.4162.
(d) A reintegration plan shall not last longer than 72 hours.
R 400.4165 Secure facilities serving juvenile justice youth; lockdowns.
Rule
165. (1) A secure facility may only use lockdown in situations that threaten
facility security, including, but not limited to, riots, taking of
hostages, or escape plans involving multiple residents youth.
(2)
A secure facility serving juvenile justice youth that uses lockdowns in which all residents
youth are confined to their rooms shall must have a
written policy that describes the procedures to be followed and includes all of
the following:
(a) Who may order a lockdown.
(b) Who is to implement the lockdown when it has been ordered.
(c) How the problem is to be contained.
(d) Procedures to be followed after the incident is resolved.
(e) Notification of the licensing authority within 24 hours after the occurrence of a lockdown.
Rule
166. (1) When a resident youth is discharged from institutional
care a child caring institution, all of the following
information shall must be documented in the case record within 14
days after of discharge:
(a) The date of and reason for discharge, and the new location of the child.
(b) A brief summary or other documentation of the services provided while in residence, to the youth, including
medical and dental services.
(c) An assessment of the resident’s youth’s needs that remain to
be met.
(d) Any services that will be provided by the facility after discharge.
(e) A statement that the discharge plan recommendations, including medical and
dental follow up that is needed, have been reviewed with the resident youth
and with the parent and with the responsible case manager.
(f) The name and official title of the person to whom the resident youth
was discharged.
(2)
For an unplanned discharge, an child caring institution shall
must provide a brief summary or other documentation of the circumstances
surrounding the discharge.
(3) When a youth is discharged from a child caring institution, all the following information will be documented in the case record and provided to the subsequent placement within 24 hours:
(a) Medication list as reviewed and reconciled by nursing staff within 48 hours of discharge.
(b) Health problem list as reviewed and reconciled by nursing staff within 48 hours of discharge.
(c) List of scheduled procedures, including laboratory studies, as indicated based on the child’s health concerns.
R 400.4167 Case record maintenance.
Rule
167. (1) The child caring institution shall must maintain
a case record for each resident child, including all the
following:
(a) All medical, dental, and mental health visit services provided, whether occurring on or off-site.
(b) Medication administration records.
(c) Laboratory records.
(2) Service plans shall must be signed and dated by the social
services worker and the social services supervisor.
(3) Narrative entries in the case record shall must be signed and
dated by the person making the entry.
(4) Records shall must be maintained in
a uniform and organized manner, shall be protected against destruction
and damage, and shall be stored in a manner that safeguards
confidentiality.
(5)
Resident Youth records shall must be maintained for
not less than 7 years after the resident youth is discharged.
PART 4. ENVIRONMENTAL HEALTH AND SAFETY
R 400.4401 Applicability.
Rule 401. The rules set forth in this part apply to all child caring institutions unless specifically noted otherwise.
R
400.4407 Child caring institution Facility and premises
maintenance.
Rule
407. (1) A child caring institution facility and premises shall
must be maintained in a clean, comfortable, and safe condition.
The facility shall child caring institution must be located on
land that is properly drained.
(2) All chemical or cleaning supply containers must be properly labeled and stored to prevent unauthorized access by youth.
(23)
Hazardous areas shall must be guarded or posted as appropriate to
the age and capacity of the residents
youth.
(34)
The facility child caring institution, including main and
accessory structures, shall must be maintained so as to
prevent and eliminate rodent and insect harborage.
(45)
Rooms, exterior walls, doors, skylights, and windows shall must be
weathertight and watertight and shall be kept in sound condition and in
good repair.
(56)
Floors, interior walls, and ceilings shall must be sound and in
good repair and shall be maintained in a clean condition.
(67)
Plumbing fixtures and water and waste pipes must be properly installed
and maintained in good working condition.
(78)
Water closet compartments, Bbathroom, and kitchen floors shall
must be constructed and maintained, so as to be
reasonably impervious to water, waterproof, and be composed of a
slip resistant material.
(89)
Equipment, including and recreation devices, with the
exception of playground equipment, shall must be inspected
periodically for defects. Proper maintenance shall must be
carried out to keep equipment in a safe operating condition.
(910)
Water heaters shall must have an operable thermostatic
temperature control and a pressure relief valve.
(1011)
Stairways, porches, and elevated walkways shall must have
structurally sound and safe handrails.
R 400.4409 Ventilation.
Rule
409. (1) Except for a basement, each habitable room shall must
have direct outside ventilation by means of windows, louvers, air
conditioning, or mechanical ventilation.
(2)
During fly and mosquito season, between May 1 and October 31, each door,
window, and other opening to the outside which that is used for
ventilation purposes shall must be supplied with standard screens
of not less than 16 mesh. Each screen door shall must have
a self- closing device in working condition and shall swing outward.
(3) Where windows or louvers are used for ventilation, the total openable area
for each resident youth-occupied room, other than a bathroom, shall
must not be less than 3 1/2% of the floor area of the room.
R 400.4411 Natural light.
Rule
411. (1) Every sleeping room occupied by residents shall youth
must have natural light from a source which that is equal to
not less than 8% of the floor area for that room. A skylight, louver,
glass-blocked panel, or similar light-transmitting device shall may
not be counted for more than 50% of the required area in place of conventional
windows and glass doors.
(2)
Every habitable room shall have artificial light capable of providing
not less than 20 footcandles of illumination at a height of 3 feet above the floor.
R 400.4414 Water supply.
Rule
414. (1) The water supply for an child caring institution shall
comply must adhere with tothe requirements
of the department of public health drinking water standards
established by the department of environment, great lakes and energy, or local
requirements. Installation of new wells or repairs on existing wells shall
must be done by water drilling contractors registered under sections
12701 to 12721 of the public health code, Act No. 368 of the Public
Acts of 1978 PA 368, as amended, being S MCL 333.12701
to 333.12721. of the Michigan Compiled Laws.
(2)
Each sink, lavatory, bath, shower, drinking fountain, and other water outlet shall
must be supplied with safe and potable water, which is sufficient
in quantity and pressure to meet the conditions of peak demand. Hot and cold or
tempered water shall must be provided in each sink, lavatory,
bath, and shower. Hot water temperatures shall may not exceed 120
degrees Fahrenheit at outlets accessible to
residents youth.
(3) Plumbing shall must be installed and maintained to prevent
cross connections with the water supply.
R 400.4417 Toilet and bathing facilities.
Rule
417. Toilet and bathing facilities shall must be provided as
follows:
(a) Toilets that allow for individual privacy, unless inconsistent with a toilet training program or security program.
(b) Bathing and toilet fixtures that are specially equipped if used by the
physically handicapped individuals with a physical handicap.
(c) At least 1 toilet, lavatory, and tub or shower, which are easily accessible
from sleeping quarters, for each 8 residentsyouth.
(d) Soap and hand and body drying material must be available for the youth in each toilet and bathing facility.
R 400.4420 Food service establishment and facilities,
equipment, and procedures. Rescinded.
Rule
420. Facilities, equipment, and procedures used in the preparation, storage,
and service of food shall comply with the applicable provisions of sections
12901 to 12922 of Act No. 368 of the Public Acts of 1978, as amended, being
SS333.12901 to 333.12922 of the Michigan Compiled Laws. 12909 The facilities,
equipment, and procedures required shall depend on the amount of food service
and the type of food service operation.
R 400.4426 Garbage and refuse.
Rule
426. (1) Garbage shall must be stored in fly animal
and insect-tight, watertight containers with tight-fitting covers. A
garbage can shall must be provided with a waterproof liner or shall
be thoroughly cleaned after each emptying.
(2)
Garbage and refuse shall must be removed at intervals of at least
once a week.
R 400.4428 Sewage disposal.
Rule
428. Sewage and other water-carried wastes shall must be
disposed of through a municipal sewer system where such a system is available.
Where a municipal sewer connection is not available, liquid waste shall be
discharged into an approved private system. The private system shall may
not create a nuisance or pollute a stream, lake, or other body of water or
contaminate a water supply or bathing place and shall comply must
adhere with to applicable local health department requirements.
R 400.4431 Heating equipment.
Rule
431. (1) Heating equipment shall must be capable of
maintaining a minimum temperature of not less than 68 65 degrees
Fahrenheit at a point 4 2 feet above the floor. Cooling
measures must occur at a maximum 82 degrees. An accurate thermometer shall
must be provided.
(2)
Hot water radiators or steam radiators and pipes or any other heating device
capable of causing a burn shall must be effectively shielded.
R 400.4435 Swimming beaches and pools.
Rule
435. (1) The water and beach area of a natural swimming area of an child
caring institution shall must be free from contamination by
garbage, refuse, sewage pollution, and hazardous foreign or floating materials.
A survey or evaluation of the quality of the water at the swimming area shall
must be made in accordance with sections 12541 to 12563 12546
of the public health code, 1978 of Act No. PA 368, of
the Public Acts of 1978, as amended, being SS MCL 333.12541
to 333.1256312546. of the Michigan Compiled Laws, and the
rules promulgated thereunder.
(2)
An child caring institution's artificial swimming pool shall
must be constructed and maintained in accordance with sections 12521
to 12534 of Act No. 368 of the Public Acts of 1978 PA 368, as
amended, being SS MCL 333.12521 to 333.12534 of the
Michigan Compiled Laws, and the rules promulgated thereunder.
R 400.4436 Food service establishment and facilities, equipment, and procedures.
Rule 436. A facility licensed as a food service establishment must adhere to sections 12905 and 12909 of the public health code, 1978 PA 368, MCL 333.12905 and 333.12909. A facility not licensed as a food service establishment must follow the requirements as set forth in R 400.4437 to R 400.4439.
R 400.4437 Food preparation areas.
Rule 437. (1) Food contact surfaces must be smooth, nontoxic, easily cleanable, durable, corrosion resistant, and nonabsorbent.
(2) Carpeting is prohibited in food preparation areas.
(3) Mechanical ventilation to the outside is required for all commercial cooking equipment, which includes, but is not limited to, stoves, ranges, ovens, and griddles.
(4) If residential hood ventilation is used, then cooking equipment must be limited to residential stove and oven equipment.
(5) Mechanical ventilation to the outside may be required if a problem is evidenced.
(6) The use of deep fryers is prohibited.
(7) Live animals are prohibited in food preparation and eating areas.
R 400.4438 Food and equipment storage.
Rule 438. (1) Each refrigerator must have an accurate working thermometer indicating a temperature of 41 degrees Fahrenheit or below.
(2) All artificial lighting fixtures located over, by, or within food storage, preparation, and service areas, or where utensils and equipment are cleaned and stored, must be properly shielded.
(3) Unpackaged bulk foods must be stored in clean covered containers, dated, and labeled as to the contents.
(4) Food not subject to further washing or cooking before serving must be stored in a way that protects it from cross-contamination from food requiring washing or cooking.
(5) Packaged food must not be stored in contact with water or undrained ice.
(6) Poisonous or toxic materials must not be stored with food, food service equipment, utensils, or single-service articles.
(7) Food, food service equipment, and utensils must not be located under exposed or unprotected sewer lines, open stairwells, or other sources of contamination. Automatic fire protection sprinkler heads are the exception.
(8) The storage of food, food service equipment, or utensils in toilet rooms is prohibited.
(9) Food and utensils must be stored in a cabinet or a shelf above the floor.
(10) All food service equipment must be above the floor and moveable, or be properly sealed to the floor.
(11) Meals that are transported must be prepared in commercial kitchens and delivered in carriers approved by the local health department.
R 400.4439 Food preparation.
Rule 439. (1) Food must be in sound condition, free from spoilage, filth, or other contamination and be safe for human consumption.
(2) Food must be prepared on food grade surfaces that have been washed, rinsed, and sanitized.
(3) Raw fruits and vegetables must be thoroughly washed before being cooked or served.
(4) Staff shall minimize bare-hand contact with foods that will be cooked.
(5) Ready to eat foods must not be prepared or served using bare hands.
(6) Food must be cooked to heat all parts of the food to the safe temperature as identified in the document titled Safe Minimum Cooking Temperatures, published by the U.S. Food Safety Working Group. This document is available at no cost on the Foodsafety.gov website, https://www.foodsafety.gov/keep/charts/mintemp.html. It is also available for inspection and distribution at no cost from the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.
(7) Potentially hazardous foods must be thawed using 1 of the following methods:
(a) In the refrigerator at a temperature not to exceed 41 degrees Fahrenheit.
(b) Completely submerging the item under cold water, at a temperature of 70 degrees Fahrenheit or below, that is running fast enough to float off loose ice particles.
(c) In a microwave oven for either of the following:
(i) The food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process.
(ii) The entire cooking process takes place in the microwave oven.
(d) As part of the conventional cooking process.
(8) The temperature of potentially hazardous foods must be 41 degrees Fahrenheit or below, or 135 degrees Fahrenheit or above, at all times, except during necessary periods of preparation.
(9) Potentially hazardous foods that have been cooked and then refrigerated or frozen must be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or before being placed in a hot food storage facility.
(10) Accurate metal stem-type food thermometers must be used to ensure the attainment and maintenance of proper internal cooking, holding, reheating, or refrigeration temperatures of all potentially hazardous foods.
(11) On field trips, all foods must be protected from contamination at all times as required by this rule.
(12) In the absence of proper hand washing facilities on field trips, individuals preparing and serving food shall wear sanitary disposable food service gloves.
R 400.4440 Sanitization.
Rule 440. (1) All tableware, utensils, food contact surfaces, and food service equipment must be thoroughly washed, rinsed, and sanitized after each use. Multi-purpose tables must be thoroughly washed, rinsed, and sanitized before and after they are used for meals or snacks.
(2) Enamelware utensils are prohibited.
(3) Reuse of single service articles is prohibited.
(4) Multi-use tableware and utensils must be washed, rinsed, and sanitized using 1 of the following methods:
(a) A commercial dishwasher.
(b) A residential dishwasher with sanitizing capability.
(c) A 3-compartment sink and adequate drain boards.
(d) A 2-compartment sink for washing and rinsing, a third container suitable for complete submersion for sanitizing, and adequate drain boards.
(5) If the manual washing method is used, as referenced in subrule (4)(c) and (d) of this rule, all of the following must be done:
(a) Rinse and scrape all utensils and tableware before washing.
(b) Thoroughly wash in detergent and water.
(c) Rinse in clear water.
(d) Sanitize using 1 of the following methods:
(i) Immersion for at least 30 seconds in clean, hot water of at least 170 degrees Fahrenheit.
(ii) Immersion for at least 1 minute in a solution containing between 50 and 100 parts per million of chlorine or comparable sanitizing agent at a temperature of at least 75 degrees Fahrenheit. A test kit or other device that measures parts per million concentration of the solution must be used when a chemical is used for sanitizing.
(e) Air dry.
(6) Sponges must not be used in a food service operation.
PART 5. FIRE SAFETY FOR SMALL, LARGE, AND SECURE INSTITUTION FACILITIES
R 400.4501 Definitions.
Rule 501. As used in this part:
(a) "Ambulatory"
means a resident youth who is physically and mentally capable of
traversing a path to safety without the aid of another person. A path to safety
includes the ascent and descent of any stairs or approved means of egress.
(b) "Approved" means acceptable to the department and fire inspecting authority and in accordance with these rules. The department makes the final approval based on recommendations from the fire inspecting authority.
(c)"Basement" means a story of a building or structure having ½ or more of its clear height below average grade for at least 50% of the perimeter of the story.
(d) "Combustible" means those materials which
that can ignite and burn.
(e) "Conversion"
or "converted" means a change, after the effective date of these
rules, in the use of a facility or portion thereof from some previous use to
that of a licensed or approved institution, or an increase in capacity from a
residential group home to a small facility, or an increase in capacity
from a small facility to a large facility, or a change to a secure
facility. A converted facility shall must comply with the
provisions of these rules for fire safety for converted facilities.
(f) "Electric lock" means an electric door lock system operated from a remote-control unit. The system is fail-safe in that all locks are automatically unlocked in the event of electrical failure. The system is approved by a nationally recognized independent testing laboratory.
(g) "Escape
window" in new construction, remodeled, or converted facilities means an
approved side-hinged window with a minimum net clear opening of 5.7 square
feet with a net clear opening height of 24 inches and width of 20 inches. Grade
floor openings shall must have a minimum net clear opening of 5.7
square feet. The window shall must be operable from the inside
with a single motion and shall be equipped with non-locking-against-
egress hardware. The window shall must be operable without the
use of special tools. The sill height shall must not be greater
than 36 inches from the floor, unless an approved substantial permanent ledge
or similar device not less than 12 inches wide is provided under the window, in
which case the sill height may be increased to 44 inches from the floor. In an
existing facility, "escape window" means a window acceptable to the
fire inspecting authority.
(h) "Existing
facility" means a building, accessory buildings, and surrounding
grounds which that is licensed or approved by the department as
an institution at the time these rules take effect, and which that
is not unoccupied for more than 90
days 1 year. Where an increase in capacity or change in use affects
fire safety requirements, the facility shall comply must comply with
all applicable requirements prior to the increase or change in use.
(i) "Facility"
means a building, and surrounding grounds including recreational areas owned,
leased, or primarily rented by a child care organization for use as a small,
large, or secure facility to house and sleep residents youth. "Facility"
It includes new, remodeled, converted, and small, large, secure, and existing
facilities. Any portion of a facility not used by residents youth
and not used as a required means of egress and which that is
separated youth from the rest of the facility by an approved fire
barrier, and buildings used by the residents youth strictly for
up and awake activities do does not need to meet these rules for
fire safety. However, the right of the fire inspecting
authority to inspect a nonuse area for hazardous
use, or any building on the grounds that is used by the residents youth
strictly for up and awake activities, is retained and directives relative to
fire safety of the nonuse such area or building may be issued to assure
ensure the fire safety of the those use areas.
(j) "Fire alarm
device" means an approved device capable of sounding an alarm. A fire
alarm shall must be specifically designated as such and shall
may not be used for any purpose other than sounding an alarm of fire or
other emergency or for fire drills. The device shall must be loud
enough to be heard throughout the facility under normal conditions. A device
may be a bell, a horn, a whistle, or any other device acceptable to the fire
inspecting authority.
(k) "Fire alarm system" means an approved electrical closed circuit, self-supervised local system for sounding an alarm. The system is comprised of a panel, pull stations, and audible electric signal devices.
(l) “Fire-rated glazing” means glazing with either a fire protection rating or a fire-resistance rating.
(lm) "Fire
resistance rating" means the time in hours or fractions thereof that
materials or their assemblies will resist fire exposure as determined by fire
tests established and conducted by approved testing laboratories.
(n) “Fire Watch” means the assignment of a person or persons to an area for the express purpose of notifying the fire department, the building occupants, or both, of an emergency, preventing a fire from occurring, extinguishing small fires, or protecting the public from fire or life safety dangers.
(mo) "Hazardous
area" means those parts of a facility housing a flame-producing heating
plant, incinerators, water heater, and kitchens and areas where combustible
materials, flammable liquids, or gases are used or stored.
(np) "Large
facility" means a building used to house more than 15 residents youth.
(oq) "Means
of egress and exit" means an unobstructed way of departure from any point
in a building to safe open air outside at grade
as follows:
(i) Common path of travel. Max length 75’.
(ii) Dead end corridor, not to exceed 10’.
(iii) Exit discharge into courtyard. See R 400.4538 (11).
(pr) "Newly
constructed," "new construction," or "new facility"
means a new structure or new addition to a facility after the effective date of
these rules.
(qs) "Non-ambulatory"
means a resident, including a resident confined to a wheelchair, who is
physically or mentally incapable of traversing a path to safety without the aid
of another person. A path to safety includes the ascent and descent of any
stairs or other approved means of egress from the building.
(t)“Qualified Fire Inspector” or “QFI” means an authorized fire safety inspector who is approved to conduct a fire safety inspection of the facility in compliance with the fire safety rules. The department maintains a list of approved QFIs on the web page.
(ru) "Remodeled"
means changes in a facility that modify existing conditions and includes
renovation and changes in the fire alarms, sprinkler systems, and hood
suppression systems. Remodeled and affected areas of a child caring institution
shall must conform to the provisions of comply with these
rules for fire safety for remodeled and converted facilities. Unaffected areas
of a facility are not required to conform to the required provisions for
remodeled and converted facilities.
(v) “Residential group home facility” means a building used to house not more than 6 youth and is not a secure facility.
(w) “Second story” means the story of a building above the highest story that has a eans of egress that is not more than 4 feet to grade.
(sx) "Secure
facility" means a building used as a detention facility or a secure child
caring institution. The building or portions of the building are used to keep residents
youth in custody. Outside doors or individual sleeping rooms usually
have locks which that are secure from the inside. The locks are
used in the usual course of operation. A secure facility shall must
meet the requirements for a large facility, regardless of the number of residents
youth. A facility with an approved seclusion room is not a secure
facility solely by virtue of having a seclusion room.
(ty) "Small
facility" means a building which that houses at least 7, but
no or more than 15 residents
youth, and which that is not a secure facility.
(uz) "Street
floor" means the lowest story of a facility which that is
not a basement.
(vaa) "Story"
means that part of a building between a floor and the floor or roof next above.
(wbb) "Substantially
remodeled" means changes in a facility that result in the exposure or
addition of structural joists or studs.
(xcc) "Wire
glass" means glass which that is not less than 1/4 inch
thick; which that is reinforced with wire mesh, No. 24 gauge or
heavier with spacing not greater than 1 square inch; and which that
is installed in steel frames or, when approved, installed in wood frames or stops of hardwood material
not less than 3/4 inch actual dimension and not more than 1,296 square inches
per frame with no single dimension more than 54 inches in length.
R 400.4504 Adoption by reference.
Rule 504. The department
adopts by reference the following fire safety codes and standards. These codes and standards are available for inspection at
no cost through the department and at the National Fire Protection Association
website, https://www.nfpa.org. distribution
to the public The codes and standards are available at cost through
the State at cost at the Michigan Department of Health
and Human Services, 201 N. Washington Square, PO Box 30650, 333 S
Grand Avenue, P.O. Box 30195, Lansing, Michigan 48909.or Copies
of the codes and standards may also be obtained from the appropriate agency, organization, or
association at the prices listed below.
(a) Standard E-84-07,
"Standard Tests Method for Surface Burning Characteristics of Building
Materials," 2014, American Society for Testing and Materials, 100 Bar Harbor Dr., West Conshohocken, PA
19428-2959, $69.00.
(b) Standard No. 13,
"Standard for the Installation of Sprinkler Systems," 2013, National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
02269-9101, $95.00.
(c) Standard No. 22,
"Standard for Water Tanks for Private Fire Protection," 2013,
National Fire Protection Association, 1 Batterymarch Park, Quincy,
Massachusetts 02269
-9101,
$46.50.
(d) Standard
No. 70, "National Electric Code," 2014, National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269(-9101,) $89.50.
(e) Standard
No. 72 “National Fire Alarm Code”, 2013, National Fire Protection Association,
1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $80.10.
(f) Standard
No. 80, “Standard for Fire Doors and Other Opening Protectives,” 2013, National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
02269-9101, $46.50.
(g) Standard
No. 82, "Standard on Incinerator and Waste and Linen Handling Systems and
Equipment, Rubbish Handling," 2014, National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269 (9101,) $42.00.
(h) Standard
No. 90A, "Installation of Air Conditioning and Ventilating Systems,"
2015, National Fire Protection Association, 1 Batterymarch Park, Quincy,
Massachusetts 02269 (9101) $45.00.
(i) Standard
No. 96, "Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations” 2014, National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02269 – (9101,) $42.00.
(j) Standard
No. 220, "Standard on Types of Building Construction," 2015, National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269 - (9101,)
$36.50.
(k) Standard No. 255,
"Standard Method of Test of Surface Burning Characteristics of Building
Materials," 2006, National Fire Protection Association, 1 Batterymarch
Park, Quincy, Massachusetts 02269 (9101,) $36.50.
(l) Standard 723, "Test
for Surface Burning Characteristics of Building Materials” 2008, Underwriters
Laboratories, Inc., 1414 Brook Dr., Downers Grove, Ill. 60513,
$631.00.
(m) "Life Safety Code
101," 2015, National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts 02269, 93.00.
(n) Standard E-1590 13,
“Standard Method for Fire Testing of Mattresses” American Society for Testing
and Materials, 100 Bar Harbor Dr., West Conshohocken, PA 19428-2959, $48.00.
(o) Standard No. 10,
“Standard for Portable Fire Extinguishers”, 2013 National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109,
$46.50.
(p) Standard No. 25,
“Standard for the Inspection, Testing, and Maintenance of Water-Based Fire
Protection Systems”, 2014, National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
02269-9101, $54.50.
(q) Standard No. 252,
“Standard Methods of Fire Tests of Door Assemblies”, 2012, National Fire
Protection Association, 1 Batterymarch Park, Quincy Massachusetts 02269- 9101,
$36.50.
(r) Standard No. 257,
“Standard on Fire Test for Window and Glass Block Assemblies”, 2012, National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
02269-9101, $36.50.
(s) Standard No. 261,
“Standard Method of Test for Determining Resistance of Mock-Up Upholstered
Furniture Material Assemblies to Ignition by Smoldering Cigarettes”, 2013
National Fire Protection Association, 1 Batterymarch Park, Quincy,
Massachusetts 02269-9109, $36.50.
(t) Standard No. 701 entitled
“Standard Methods of Fire Tests for Flame Propagation
of Textiles and Films,” 2010 National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02269-9109, $36.50
(a) National Fire Protection Association (NFPA) 4, “Standard for Integrated Fire Protection and Life Safety System Testing,” 2018 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 each.
(b) NFPA 10, “Standard for Portable Fire Extinguishers,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $61.00 each.
(c) NFPA 13, “Standard for the Installation of Sprinkler Systems,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $84.48 each.
(d) NFPA 13D, “Standard for the Installation of Sprinkler Systems in One-and Two-Family Dwellings and Manufactured Homes,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $60.00 each.
(e) NFPA 13R, “Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $51.00 each.
(f) NFPA 14, “Standard for the Installation of Standpipe and Hose Systems,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $89.50 each.
(g) NFPA 17A, “Standard for Wet Chemical Extinguishing Systems,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(h) NFPA 20, “Standard for the Installation of Stationary Pumps for Fire Protection,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $71.00 each.
(i) NFPA 25, “Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $71.00 each.
(j) NFPA 70, “National Electrical Code,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $115.00 each.
(k) NFPA 72, “National Fire Alarm and Signaling Code,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $74.89 each.
(l) NFPA 80, “Standard for Fire Doors and Other Opening Protectives,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $61.00 each.
(m) NFPA 82, “Standard on Incinerators and Waste and Linen Handling Systems and Equipment,” 2014 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 each.
(o) NFPA 90A, “Standard for the Installation of Air-Conditioning and Ventilating Systems,” 2018 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 each.
(p) NFPA 96, “Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $61.00 each.
(q) NFPA 101, “Life Safety Code,” 2018 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $118.00:
(i) Chapter 1, Administration.
(ii) Chapter 3, Definitions.
(iii) Chapter 4, General.
(iv) Chapter 6, Classification of Occupancy and Hazard of Contents.
(v) Chapter 7, Means of Egress.
(vi) Chapter 8, Features of Fire Protection.
(vii) Chapter 9, Building Service and Fire Protection Equipment.
(viii) Chapter 10, Interior Finish, Contents, and Furnishing.
(ix) Chapter 11, Special Structures and High-Rise Building.
(r) NFPA 110, “Standard for Emergency and Standby Power Systems,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 eac.
(s) NFPA 111, “Standard on Stored Electrical Energy Emergency and Standby Power Systems,” 2016 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 eac.
(t) NFPA 220, “Standard on Types of Building Construction,” 2018 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(u) NFPA 252, “Standard Methods of Fire Tests of Door Assemblies,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(v) NFPA 257, “Standard on Fire Test for Window and Glass Block Assemblies,” 2017 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(w) NFPA 260, “Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture,” 2013 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $50.50 each.
(x) NFPA 261, “Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes,” 2013 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $50.50 each.
(y) NFPA 265, “Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile or Expanded Vinyl Wall Coverings on Full Height Panels and Walls,” 2015 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 each.
(z) NFPA 286, “Standard Methods of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth,” 2015 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $54.50 each.
(aa) NFPA 701, “Standard Methods of Fire Tests for Flame Propagation of Textiles and Films,” 2015 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(bb) NFPA 703, “Standard for Fire Retardant–Treated Wood and Fire-Retardant Coatings for Building Materials,” 2018 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $47.50 each.
(cc) NFPA 720, “Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment,” 2015 edition, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, at a cost of $61.00 each.
(dd) ASTM E84, “Standard Test Method for Surface Burning Characteristics of Building Materials,” 2015b, 100 Barr Harbor Drive P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, at a cost of $75.00 each.
R 400.4505 Plans and specifications.
Rule 505. (1) Plans and
specifications shall must be submitted to the bureau of community
and health systems fire services unit for review and approval prior
to any remodeling in an institution, or the construction or conversion of a structure
for use as an institution.
(2) The plans shall comply
must comply with all of the following provisions:
(a) Show layout, room arrangements, construction materials to be used, and the location, size, and type of fixed equipment.
(b) For additions, show those portions, including existing exits, types of construction, and room occupancies, which may be affected by the addition.
(c) Be approved in writing by the bureau of community and health systems fire services unit before construction begins.
(d) Bear the seal of a registered architect or engineer when the cost of the project, including labor and materials, exceeds $15,000.
(3) Plans for residential facilities for not more than 6 youth do not require the seal of a registered architect or engineer.
(4) Fire alarm, sprinkler plans, hood suppression system, and other fire protection systems complete shop plans must be submitted to the bureau of community and health systems fire safety unit for review and approval prior to the installation of the systems.
(5) Once a construction project is completed, an inspection must be completed by the bureau of community and health systems fire safety unit.
(6) A fire safety inspection must be conducted by the bureau of community and health systems fire safety unit or a department- approved QFI and an approval granted before issuance of the original provisional license and every 2 years thereafter, at the time of renewal. The inspection must be current with 6 months of the date of original or renewal license.
R 400.4506 Fire drills and telephone.
Rule 506. (1) For
small, large, and secured facilities, Tthere shall must
be quarterly emergency fire drills for each staff shift. Two of the drills
shall include evacuations, unless approved by the department, in writing, as
clinically contraindicated. Where a facility has a 24-hour staff shift, the
emergency drills shall must be conducted at different times of
the day and night. Written records shall must be maintained for
each drill indicating the date and time of the drill and, where evacuation was
a part of the drill, the approximate evacuation time.
(2) Staff in residential group homes must be trained in evacuation of the facility in the event of emergency. A record must be maintained of the training.
(23) A
telephone or other suitable means of communicating an alarm of fire to the fire
department shall must be provided. Pay stations are not a
suitable means of communicating alarms. The telephone number of the fire
department shall must be posted conspicuously by all phones
designated for outside service.
R 400.4508 Facility location.
Rule 508. A new or
converted facility shall may not be established within 300 feet
of an aboveground storage tank containing flammable liquids used in connection
with a bulk plant, marine terminal, aircraft refueling or bottling plant of a
liquified petroleum gas installation, or other similar hazard.
R 400.4510 Sleeping rooms; sleeping rooms above second floor.
Rule 510. (1) In new
construction, remodeled or converted facilities, single sleeping rooms shall
may not be less than 70 square feet in size, exclusive of closet space.
Multi- resident youth sleeping rooms shall not be less than 50
square feet per resident child, exclusive of closet space.
(2) In new construction,
remodeled or converted facilities, locked resident youth sleeping
rooms shall must be equipped with 2-way monitoring devices.
(3) All facilities with
sleeping rooms above the second floor shall comply must comply with
the requirements of a secure facility,. with the exception of
R 400.4522(c).
(4) A facility shall
may not use a basement as a sleeping room.
R 400.4512 Combustible materials, decorations, furnishings, and bedding; facility and
residential group home.
Rule 512. (1) A resident
youth-occupied facility shall must be kept free of all
accumulation of combustible materials unnecessary for the immediate operation
of the institution unless materials are within an approved storage room.
(2) Easily ignited or
rapidly burning combustible decorations are not permitted in a facility.
Personal artwork and personal decorations made or owned by residents youth are permitted up to 20% of
wall space in each room or use areas other than means of egress and hazardous
areas if they have been treated with fire retardant materials approved by
Underwriter’s Laboratory.
(3) Newly introduced
upholstered furniture shall be tested in accordance and comply with the
provisions of NFPA-261 unless located in an area having approved automatic
sprinkler protection.
Personal artwork and personal decorations made or owned by youth in a
residential group home are permitted up to 6 square feet of wall space in each
room or area other than means of egress or hazardous areas..
(4) Newly introduced
mattresses shall be tested in accordance with ASTM E 1590 unless located in an
area having approved automatic sprinkler protection.
R 400.4515 Electrical installation.
Rule 515. (1) In a newly
constructed, converted, or remodeled facility, the electrical wiring and
equipment shall must be installed in accordance with the
provisions of the national fire protection association standard No. NFPA
70, entitled "National Electrical Code," 2014 . A
final electrical certificate of approval for the electrical installation shall
must be obtained from a qualified local electrical inspecting authority
or state electrical inspecting authority.
(2) In an existing
facility, electrical wiring and equipment acceptable at the time these rules
take effect shall must continue to be approved until the facility
or portion thereof is remodeled or converted. When an existing facility or
portion thereof is remodeled or converted, only that portion remodeled or
converted need comply with subrule (1) of this rule. Electrical services shall
must be maintained in a safe condition. When conditions indicate a need
for inspection, the electrical services shall must be inspected
by a licensed electrical inspection service. A copy of the inspection report shall
must be maintained at the facility for review. Any areas cited in
the report shall will be corrected and a new electrical system
inspection shall must be obtained verifying that corrections have
been made.
R 400.4517 Facility construction.
Rule 517. (1) A new,
substantially remodeled or converted large or secure facility shall must
meet these minimum construction requirements. Large or secure
facilities will be limited to the building construction types specified in NFPA
101, 2018 edition, Table 32.3.1.3 (see 8.2.1), based on the number of stories
in height as defined in 4.6.3. be 1 of the following types of
construction as specified in the national fire protection association
standard No. NFPA 220, entitled "Standard on Types of
Building Construction, 2015 2018:”
(a) Type I 442 or 332 or
type II 222.
(b) Type II 111, type
III 211, type IV 2HH.
(c) Type II 000, type
III 200, or type V 000 up to 2 stories.
(2) New, converted, and
substantially remodeled small facilities shall must be at least
frame construction and shall be fire-stopped at all wall and floor
junctures and all wall and ceiling junctures with not less than 2-inch nominal lumber.
(3) Construction in
existing licensed facilities that was approved before these rules take effect
and which that meets the construction requirements of the fire
safety guidelines these rules supersede shall must continue to be
approved until the facility is substantially remodeled or converted. When an
existing facility is substantially remodeled or added to, only the portion of
the facility being substantially remodeled or added need comply with subrule
(1) or (2) of this rule and R 400.4522, as appropriate.
(4) ) A residential group home facility must be at least of ordinary construction, light platform frame, and not over 2 stories high above the highest grade.
R 400.4520 Interior wall and ceiling finish materials; tested in accordance with ASTM
E84 or ANSI/UL 723.
Rule 520. (1) The
following alphabetical classification of finished materials for flame spread and smoke development, as
determined by the tunnel test in accordance with the national fire protection
association, standard No. 255, 2006; American society of testing materials
E-84-07, 2014, or underwriters laboratories standard No. 723, 2008, shall be
used to determine interior finishes
Interior wall and ceiling finish materials will be classified in accordance
with ASTM E84, “Standard Test Method for Surface Burning Characteristics of
Building Materials,” or ANSI/UL 723, “Standard Test Method for Surface Burning
Characteristics of Building Materials,” except as indicated in 10.2.3.4 and
10.2.3.5, and must be grouped in the following classes in accordance with their
flame spread and smoke developed indexes:
Class Flame Spread Smoke Developed
A 0 - 25 0 – 450
B 26 –75 51 – 450
C 76 -200 126 – 450
The same alphabetical
classification is also used for combustibility of prefabricated acoustical tile
units, only under federal test number SS-5-118a.
(2) Interior finish
includes the plaster, wood, or other interior finish materials of walls;
partitions, fixed or movable; ceiling; and other exposed interior
surfaces of the facility, other than nominal wood trim. Interior finish must follow the requirements of
NFPA 101, Chapter 10, Section 10.1 and 10.2
(3) The
classification of interior finish materials as to their flame spread and smoke
development shall be that of the basic material used, without regard to
subsequently applied paint or other coverings, except where such paint or other
covering is of such a character or thickness where applied so as to affect the
material classification. Finishes such as lacquer, polyurethane-based
materials, or unapproved wall coverings shall not be used.
(43) In a new
constructed, remodeled, or converted facility, an interior finish
classification shall must be that of the basic material used,
without regard to subsequently applied paint or other covering in an attempt to
meet the classification.
(54) Interior
finish materials in facilities shall must conform be as follows:
(a) In small and large open facilities without a sprinkler system, class A or B in exit ways and class A in seclusion rooms. In all other areas, at least class C.
(b) In open facilities with a sprinkler system, at least class C throughout, except in a seclusion room.
(c) In secure facilities, class A throughout regardless of automatic sprinkler protection.
(d) In residential group homes, class C throughout regardless of automatic sprinkler protection. Interior finishes and materials must be at least class C throughout.
R 400.4522 Fire protection.
Rule 522. Fire protection shall
must be provided in all facilities as follows:
(a) In an existing licensed small facility, an attendant who is awake, fully dressed, and on duty 24 hours a day; complete sprinkler protection; or compliance with R 400.4523.
(b) In an existing licensed large facility, an attendant who is awake, fully dressed, and on duty 24 hours a day; complete sprinkler protection; or compliance with R 400.4524.
(c) In a secure facility, an attendant who is awake, fully dressed, and on duty 24 hours a day.
(d) In Nnewly
constructed facilities, conversions, and additions shall must
have be provided with automatic sprinkler protection in
accordance with national fire protection pamphlet 13. as follows:
(i) Residential group homes must have automatic sprinkler protection in accordance with the requirements of NFPA-13D.
(ii) Small facility must have automatic sprinkler protection in accordance with the requirements of NFPA 13D or NFPA 13R.
(iii) Large facility must have automatic sprinkler protection in accordance with the requirements of NFPA-13.
(iv) Secure facility must have automatic sprinkler protection in accordance with the requirements of NFPA-13.
R 400.4523 Fire Smoke
detection; residential group homes and small facilities.
Rule 523. (1) An existing licensed
residential group home and licensed small facility electing to provide
fire protection by fire detection shall will be protected
throughout by approved fire detection provided by at least battery-operated
ionization fire detection devices installed in every sleeping room, immediately
outside of the sleeping areas, at the top of all interior stairways, on every
level of the facility and all areas of the facility, except the
kitchen and bathrooms. The fire detection devices shall comply must comply
with all of the following requirements:
(a) Be listed and labeled by an independent, nationally recognized testing laboratory.
(b) Be installed and maintained in accordance with the manufacturer's and test specifications.
(c) Be cleaned and tested at least quarterly, with a written record maintained of the cleaning and testing.
(d) Be of a type that provides a signal when batteries are not providing sufficient power and when batteries are missing.
(2) Any battery-operated
device required by subrule (1) of this rule which that signals
power is low or a battery is missing shall must be immediately
serviced and restored to full power. There shall may be
not be less than a 120% supply of extra batteries
maintained at the facility at all times for the total number of
battery-operated devices in the facility.
(3) In residential group
homes and small facilities, licensed prior to November 30, 1983,
previously approved fire detection systems shall must continue to
be approved until the facility or portion thereof is remodeled or converted,
then fire detection shall must be at least as required by this
rule for newly constructed, remodeled, or converted facilities in that portion
of the facility remodeled or converted.
(4) Fire detection systems
in existing licensed facilities shall must be maintained in
proper working order and shall be tested at least quarterly, with a
written record maintained of the testing.
(5) All newly licensed residential
group homes and small facilities shall must be protected with
a minimum 110 volt interconnected smoke detectors with battery backup installed in accordance with
NFPA 72 as follows:
(6) All newly licensed residential group homes and small facilities will follow the standards under NFPA 101:
(a) 32.2.3.4.5.1 Approved smoke alarms will be provided in accordance with 9.6.2.10.
(b) 32.2.3.4.5.2 Smoke alarms will be installed on all levels, including basements but excluding crawl spaces and unfinished attics.
(c) 32.2.3.4.5.3 Additional smoke alarms will be installed in all living areas, as defined in 3.3.22.5.
(d) 32.2.3.4.5.4 Each sleeping room will be provided with an approved smoke alarm in accordance with 9.6.2.10.
R 400.4524 Fire detection; large facilities.
Rule 524. (1) An existing
licensed large facility electing to provide fire protection by fire detection shall
must be equipped with a 100% coverage fire detection system which
that is tested and listed by a nationally recognized, independent
testing laboratory and which is installed in compliance with the
national fire protection association standard No. NFPA 72, entitled
“National Fire Alarm Code”, 201 and these rules except that the installing
of wiring and equipment shall must comply with national
fire protection association standard No. NFPA 70, entitled
"National Electric Code," 2014.
(2) In an existing licensed
large facility, the main power supply source for an automatic fire detection system shall must be
from an electric utility company and shall be on a separate circuit with
an identified and locked circuit breaker. A secondary power supply shall
must be provided which, in the event of the main power supply
failure, will maintain the system in an operative condition for 24 hours and,
in the event of a fire, will sound the alarm signaling units for a 5-minute period.
(3) In an existing licensed
large facility, where an automatic fire detection system is required, the
detection devices shall comply must comply with both of the
following provisions:
(a) Be installed in all
areas; that is, all rooms, lofts, closets, stairways, corridors, basements,
attics, and like areas. Spacing of detection devices shall mustbe
used as recommended by the manufacturer to provide complete coverage.
Small bathrooms containing a single water closet and lavatory, small
closets which that are not more than 20 square feet, and similar
spaces are exempted from this requirement.
(b) Be smoke detectors,
except that heat detectors may be installed in attics, kitchens, bathrooms, attached
garages, and heating plant rooms instead of smoke detectors. Heat detectors shall
must be the fixed temperature rate of rise type.
(24) In a
new, remodeled, or converted large facility, an automatic fire detection system
shall must be an electrical, closed circuit, self-supervised
system which that gives a distinctive signal in a staff-occupied
area when trouble occurs in the system, including loss of the main power supply
and shall be in compliance must comply with NFPA 72 and follow the requirements of R
400.4535.
(35) In a
new, remodeled, or converted large facility, complete final plans and
specifications of the automatic fire detection or alarm system, where such a
system is to be installed, shall must be submitted to the
department and approved prior to installation. The plan shall must show
facility floor plans and locations and types of detection devices,
pull-stations, and sounding units. Newly required systems shall must
have a panel or annunciator located in an area regularly occupied by staff.
(46) In large
facilities, licensed prior to November 30, 1983, fire detection systems shall
must continue to be approved until the facility is converted or a
portion thereof is remodeled, then the portion of the facility remodeled or
converted shall must meet the appropriate requirements of this
rule. Where the required new system cannot be added to the existing systems
maintaining a single signaling alarm system, the total system shall must
be replaced and shall comply with this rule for remodeled and converted facilities.
(57) Automatic
fire detection systems, fire alarm systems, and fire detection devices shall must be maintained in proper working
condition. When problems
occur, they shall must be immediately remedied. When the system is
rendered inoperable, staff shall must be awake and on duty until
the system is again operable.
(68) Fire
alarm systems shall must be tested and maintained on an annual
basis in accordance with NFPA 72. Smoke detector calibration shall must
be done as recommended. The licensee shall keep a record of fire alarm maintenance.
R 400.4527 Sprinkler systems.
Rule 527. (1) A sprinkler
system in a new or converted facility or an addition, shall comply
must comply with the 2013 2019 national fire protection
association pamphlet No. 13D, 13R, or 13 under R 400.4522(d). entitled "Standard for the
Installation of Sprinkler Systems." Where there is no adequate
water from a community water system to supply a sprinkler system and where the
area to be protected does not exceed 20,000 square feet, a special pressure
tank supply for sprinklers, as specified in the 2013 edition of national fire
protection association standard No. 22, entitled "Standard for Water Tanks
for Private Fire Protection," shall be provided. The sprinkler
system is required to meet the following:
(a) Valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and waterflow switches on all sprinkler systems must be electrically supervised by a listed fire alarm control unit.
(b) Alarm, supervisory, and trouble signals must be distinctly different and be automatically transmitted to an approved supervising station.
(2) All required sprinkler
systems shall must be inspected and tested, and all other
maintenance performed as specified in the 2014 national fire protection
association standard No. NFPA 25 entitled “Standard for the
Inspection, Testing , and Maintenance of Water-Based Fire Protection Systems”
at least once a year by a sprinkler contractor. The licensee shall must
maintain documentation of the last inspection and test.
(3) A sprinkler system in
an existing facility approved before these rules take effect shall will
continue to be approved until the facility or portion thereof is remodeled,
converted, or expanded. The system shall must be maintained in
accordance with the standards applicable at the time it was originally approved.
(4) When an existing
facility is remodeled, converted, expanded, or modified which results in
the existing sprinkler system not providing adequate protection, fire
protection shall will be provided by extension of the current
system where it is possible to extend the system and maintain its integrity or
a new sprinkler system shall be is installed in the affected
area.
(5) The sprinkler piping
for any isolated hazardous area which that can be adequately
protected by not more than 2 sprinklers may be connected directly to the
domestic water system at a point where a minimum 1-inch supply is available. An
approved automatic sprinkler control valve and check valve which that
is locked shall must be installed between the sprinklers and the
connection to the domestic water supply.
R 400.4532 Fire extinguishers.
Rule 532. (1) All required
fire extinguishers shall must be subjected to a maintenance check
at least once a year. Each fire extinguisher shall must have a
tag or label attached indicating the month and year maintenance was performed
and identifying the person or company performing the service, as specified by
NFPA Standard 10.
(2) All required
extinguishers shall must be recharged after use.
(3) A minimum of 1 approved
fire extinguisher shall must be provided on each floor and in or
immediately adjacent to kitchens, rooms housing combustion-type heating
devices, and incinerators. Additional fire extinguishers may be required at the
discretion of the fire safety inspector to assure ensure that it
is not necessary to travel more than 75 feet to a fire extinguisher.
(4) All fire extinguishers shall
must be located not less than 4 inches off the floor and the top of the
extinguisher shall must not be higher than 5 feet off the floor
in a special cabinet or on a wall rack which that is easily
accessible at all times, unless programmatically contraindicated. Where
programmatically contraindicated, the required extinguishers may be kept behind
locked doors if both of the following conditions are met:
(a) The locations are clearly labeled "Fire Extinguisher."
(b) All staff carry keys to the doors.
(5) In new, remodeled, or converted facilities, a
fire extinguisher shall must be at least type 2-A-10BC.
(6) In existing small facilities, previously approved fire extinguishers other than type 2-A-10BC will continue to be approved if they are maintained in the area for which approved.
R 400.4535 Fire alarm.
Rule 535. (1) All new, remodeled,
and converted large and secure facilities shall have a fire alarm
with fire alarm pull-stations at each exit on each floor unless otherwise
permitted by the following: must
be provided with a fire alarm system in accordance with NFPA 101, Section 9.6,
except as modified by the following:
(a) Manual fire alarm
boxes may be locked, provided that staff is present within the area when it is
occupied and all staff have keys readily available to unlock the boxes.
(b) Manual fire alarm
boxes may be permitted in a secure staff location, provided that both of the
following criteria are met:
(i) The staff location
is attended when the building is occupied.
(ii) The staff attendant
has direct supervision of the sleeping area.
(a) Initiation of the required fire alarm system must be by manual means in accordance with 9.6.2, by means of any required detection devices or detection systems, and by means of waterflow alarm in the sprinkler system required by R 400.4527, unless otherwise permitted by the following:
(i) Manual fire alarm boxes will be permitted to be locked, provided that staff is present within the area when it is occupied, and staff has keys readily available to unlock the boxes.
(ii) Manual fire alarm boxes must be located in a staff location, provided that both of the following criteria are met:
(A) The staff location is attended when the building is occupied.
(B) The staff attendant has direct supervision of the sleeping area.
(b) An approved automatic smoke detection system must be in accordance with Section 9.6, throughout all youth sleeping areas and adjacent day rooms, activity rooms, or contiguous common spaces.
(c) Occupant
Notification. Occupant
notification will be accomplished automatically in accordance with NFPA 101,
9.6.3, and the following will also apply:
(i) A positive alarm sequence must be permitted in accordance with 9.6.3.4.
(ii) Any smoke detectors required by this chapter must be arranged to alarm at a constantly attended location only and may not be required to accomplish general occupant notification.
(iii) Fire department notification must be accomplished in accordance with 9.6.4.
(2) Fire alarm systems shall
must be installed and comply in compliance with NFPA-72. All fire alarms must
be monitored by an approved supervising station in accordance with NFPA 72.
(3) All new and converted
small facilities with resident youth sleeping on only 1 floor shall
must have at least a fire alarm device. All new, and
converted, and remodeled small facilities with sleeping on more than 1
floor shall must have a fire alarm system with at least 1
pull-station on each level. notification
throughout the facility and pull stations as required by NFPA 72.
(4) Fire alarm systems and
devices in existing facilities shall will be maintained in proper
working order and shall continue to be approved until the facility is remodeled
or converted.
(5) A residential group home facility must be equipped with a fire alarm device. The device must be used only to sound an alarm of fire, for practice fire drills, and other emergencies requiring evacuation of the facility.
R 400.4538 Means of egress.
Rule 538. (1) Means of
egress shall must be considered the entire way and method of
passage to free and safe ground outside a facility. All required means of
egress shall must be maintained in an unobstructed, easily
traveled condition at all times.
(2) In an existing facility,
each resident youth-occupied room shall must have
access to not less than 2 independent, properly separated, approved means of
egress or have a doorway leading directly to the outside at grade.
(3) In existing licensed
multistory secure and large facilities, at least 1 means of egress from each
floor shall must be direct to the outside or shall be
through an enclosed stairway which that is properly separated
from exposure from floors below and which that exits direct to
the outside at grade or a previously approved escape window.
(4) In a small facility
where ambulatory residents youth use a floor above the street
level, 1 of the 2 required means of egress may be an approved escape window
from each resident-occupied room which that provides direct
access to the ground and which that has a sill height not more
than 5 feet above the ground below or which that provides access
to an approved fire escape.
(5) In a newly constructed,
remodeled, or converted facility, each resident youth -occupied
story, including a resident youth-occupied basement, shall
must have not less than 2 independent approved means of egress separated
by not less than 50% of the longest dimension of the story. All childyouth-occupied
rooms shall must be situated between two 2 approved
exits unless the childyouth-occupied room has an exit leading
directly to the outside at grade. One adjacent intervening room shall must
be permitted between a sleeping room and an approved exit access corridor that
leads to two 2 approved exits in opposite or perpendicular directions.
(6) In a newly constructed,
remodeled, or converted large or secure facility, additional means of egress,
in addition to the minimum of 2 required from each story, are required if the
maximum possible occupancy exceeds 100 residents youth per story.
There shall must be at least 1 additional means of egress for
each 100 additional residents youth per story. Means of egress shall
will be of such number and so arranged that it is not necessary to
travel more than 100 feet from the door of a resident youth-occupied
room to reach the nearest approved protected exit-way from that story.
(7) An elevator shall
is not be approved as a required means of egress.
(8) A means of egress shall
must not be used for the housing of residents youth or
storage of any kind and shall must not be obstructed or hidden
from view by ornamentation, curtains, or other appurtenances.
(9) Each required means of
egress from floors where non-ambulatory residents youth are
permitted shall must discharge at grade or shall be
equipped with a ramp which that terminates at grade level. Ramps shall
must not exceed 1 foot of rise in 12 feet of run and shall must
have sturdy handrails. Once at grade, there shall must be a
surface sufficient to permit occupants to move a safe distance from the facility.
(10) In a small facility
housing 1 or more non-ambulatory or wheelchair residentsyouth,
required exit-ways forming part of a required means of egress from portions of the facility housing such residents youth
shall be must not be less than 48 inches wide
in a new facility and not less than 44 inches wide in a converted facility,
with doors a minimum of 36 inches wide.
(11) In secure facility, exits must be permitted to discharge into a fenced or walled courtyard if the following are met:
(a) Provided that not more than 2 walls of the courtyard are the building walls from which egress is being made.
(b) Enclosed yards or courts used for exit discharge must be of sufficient size to accommodate all occupants at a distance of not less than 50 ft (15 m) from the building while providing a net area of 15 ft2 (1.4 m2) per person.
(c) All exits must be permitted to discharge through the level of exit discharge.
(d) The requirements of NFPA 101, Section 7.7.2 may be waived, provided that not more than 50% of the exits discharge into a single fire compartment separated from other compartments by construction having not less than a 1-hour fire resistance rating.
(12) Residential group homes must meet the following means of egress requirements:
(a) Means of egress must be considered the entire way and method of passage to free and safe ground outside a facility. All required means of egress must be maintained in unobstructed, easily traveled condition at all times.
(b) There may not be less than 2 means of egress from the street floor story. At least 1 of the 2 means of egress must be through a side-hinged door. The door must be a minimum of 30 inches wide, except as provided in R 400.4639. The second means of egress may be a sliding glass door.
(c) A second story must only be used by ambulatory youth and comply with 1 of the following requirements:
(i) Two open stairways separated by not less than 50% of the longest dimension of the story.
(ii) One open interior stairway and 1 exterior stairway or fire escape separated by not less than 50% of the longest dimension of the story. An exterior stairway or fire escape does not require protection from fire in the building. An exterior stairway or fire escape must be constructed of not less than 2-inch nominal lumber and be in good repair.
(iii) One interior stairway and all floors separated by materials that afford at least a 3/4-hour fire resistance rating. The doors separating floors must be at least 1 3/4-inch solid wood core and be equipped with positive latching hardware and approved self- closing devices. Each sleeping room on the second story must have a window of not less than 5 square feet with no dimension less than 22 inches to allow for emergency rescue.
(d) A basement used by youth requires 1 means of egress, which may be a stairway. The stairway may be an open stairway, except as required by subrule (3)(c) of this rule.
(13) A residential group home facility providing care to 1 or more non-ambulatory youth must comply with all the following provisions:
(a) House such youth only on the street floor.
(b) Have required exit ways that are not less than 48 inches wide in a new facility and not less than 44 inches wide in an existing or converted facility. Doors must be a minimum of 36 inches wide.
(c) Have required exits discharge at grade level or have required exits equipped with ramps. Ramps may not exceed 1 foot of rise in 12 feet of run and must have sturdy handrails. Once at grade, there must be a surface sufficient to permit occupants to move a safe distance from the facility.
R 400.4540 Stairways, halls, and corridors.
Rule 540. (1) In existing
and small new or converted residential group home facilities, all
stairways and other vertical openings shall be enclosed with materials equal in
fire resistance to the standard partition
construction of the building, if such partition construction is at least
standard lath and plaster. There shall be at least 1 3/4-inch solid core wood
door with self-closing and latching hardware installed so that there is
effective fire and smoke separation between floors or each sleeping room on the
second floor shall be equipped with at least 1 1¾- inch solid core wood door
with latching hardware. stairs must have treads of uniform width and
risers of uniform heights. In converted facilities, treads may not be less than
9 -1/2 inches deep, exclusive of nosing, and risers may be not more than 7-¾
inches in height. In newly constructed facilities, treads may not be less than
11 inches deep, exclusive of nosing, and risers may not be more than 7 inches
in height.
(2) Stairs in an existing residential group home facility approved before these rules take effect must continue to be approved until the portion of the building encompassing the stairs is remodeled.
(3) In existing and small facilities, all stairways and other vertical openings must be enclosed with materials equal in fire resistance to the standard partition construction of the building, if such partition construction is at least standard lath and plaster. There must be at least 1-3/4 -inch solid core wood door with self-closing and latching hardware installed so that there is effective fire and smoke separation between floors or each sleeping room on the second floor must be equipped with at least 1 1-¾- inch solid core wood door with latching hardware.
(24) In all
new and converted large and/or secure facilities, stairways and floor- to-
floor openings shall must be enclosed with materials having at
least the fire-resistance rating specified by the national fire protection
association standard No. NFPA 220, “Standard on Types of Building
Construction”, 2015 , for the type of construction.
All other vertical openings through floors shall must be
fire-stopped with like materials.
(35) Where a
facility has 2 or fewer levels, where both levels exit at grade, and where
elevations between levels do not exceed 4 feet, the building shall be
is considered to be 1 story and enclosures shall are not be
required between levels.
(46) In all
new and converted facilities, stairs shall must have treads and
risers of uniform width and height, with treads not less than 11 inches deep,
exclusive of nosing, and risers not more than 7 inches in height.
(57) Stairs
in new, remodeled, and converted facilities shall must change
direction by use of an intermediate landing and not by a variance in the width
of treads. A sturdy and securely fastened handrail located between 34 and 38
inches, measured vertically, above the nose of the treads shall must
be provided.
(68) Stairs
in existing facilities approved before these rules take effect shall will
continue to be approved until the portion of the building encompassing the
stairs is remodeled.
(79) An
outside stairway or fire escape used as part of an approved means of egress shall
must be protected against fire in the building by blank or closed
walls directly under such stairway and for a distance of 6 feet in all
directions. Windows may be allowed within this area if they are stationary
wire glass fire-rated glazing
windows.
(810) In
newly constructed small facilities, halls, corridors, aisles, and stairs used
as part of a means of egress shall be may not be
less than 44 inches wide and not less than 36 inches wide in converted small
facilities, except as required by R 400.4538(10).
(911) In
newly constructed and converted large and secure facilities, halls, corridors,
and aisles used as part of an exit way shall be may not be less
than 5 feet wide and 90 inches high, and stairs shall be may not be
less than 4 feet wide.
R 400.4543 Doors.
Rule 543. (1) Doors to
required means of egress shall must comply with all of the
following provisions:
(a) Be side-hinged and installed at floor level.
(b) Be not less than 36 inches wide in new and converted large and secure facilities and new small facilities, and not less than 30 inches wide in remodeled and converted small facilities, except as required by R 400.4538(10) for a small facility or R 400.4538(13) for a residential group home.
(c) Be not less than 78 inches high in new, remodeled, and converted facilities.
(d) In large and secure
facilities, doors shall must be hung to swing in the direction of
egress, except doors to single-occupant rooms and bathrooms.
(e) Be equipped with at
least knob-type, properly operating, approved, positive- latching,
nonlocking-against-egress-type hardware which that insures
ensures the opening of the door with a single motion, such as turning a
knob or applying pressure of normal strength on a latch, except as where
otherwise provided by subrule (2) of this rule and R 400.4545.
(2) In secure facilities,
locking hardware is permitted if resident youth sleeping rooms
are equipped with approved electric locks or if there are staff present and
awake, fully dressed, on duty, and in possession of keys to release residents
youth in an emergency.
(3) Doors entering stairs
and other vertical openings and doors to fire rated enclosures shall may
not be held in an open position at any time by an underdoor wedge or hold-open
device.
(4) Interior doors to any
enclosure which that is required to have not less than a 1-hour
fire resistance rating shall must be B-labeled ¾- hour fire
doors fire doors in labeled frames and shall be equipped with
positive-latching hardware and self-closing devices.
(5) No door in any means of escape, other than those meeting the requirement of subrule (7), (8), or (9) of this rule, will be locked against egress when the building is occupied.
(6) Delayed-egress electrical locking systems complying with NFPA 101, 7.2.1.6.1, are permitted on exterior doors only.
(7) Sensor-release of electrical locking systems complying with NFPA 101, 7.2.1.6.2, are permitted.
(8) Door-locking arrangements are permitted where the clinical needs of youth require specialized security measures or where youth pose a security threat, provided all the following conditions are met:
(a) Staff can readily unlock doors at all times in accordance with subrule (10) of this rule.
(b) The building is protected by an approved automatic sprinkler system.
(9) Doors located in the means of egress and permitted to be locked must comply with all the following:
(a) Provisions must be made for the rapid removal of occupants by means of 1 of the following:
(i) Remote control of locks from within the locked building.
(ii) Keying of all locks to keys carried by staff at all times.
(iii) Other such reliable means available to staff at all times.
(b) Only 1 locking device is permitted on each door.
(10) Forces to open doors must comply with NFPA 101, 7.2.1.4.5.
(11) Door-latching devices must comply with NFPA 101, 7.2.1.5.10.
(12) Floor levels at doors must comply with NFPA 101, 7.2.1.3.
R 400.4545 Seclusion room.
Rule 545. (1) A seclusion
room shall must be approved in writing for use as such by the
fire inspecting authority and the licensing authority.
(2) A seclusion room shall
must be constructed to allow for both visual and auditory supervision of
a resident youth in the room.
(3) A seclusion room shall
must have walls and ceiling made of noncombustible materials.
(4) A seclusion room may have 1 approved locking-against-egress device on the door if a staff person is immediately present and awake and is in possession of a key for the door locking device when the room is being used.
(5) The egress door in a
seclusion room shall must open in the direction of egress.
(6) A locked seclusion room is not permitted in a residential group home facility.
R 400.4546 Partition construction.
Rule 546. In new,
remodeled, or converted large and secure facilities, rooms shall must
be separated from corridors used as means of egress with partition construction
which that extends to the floor or deck above and which that
affords at least a ¾-hour fire resistance rating. Doors shall must
be at least 1¾-inch solid wood core. Any glass in these partitions, including
doors, shall must be wired glass which that is not
more than 54 inches in any 1 lineal dimension and not more than a total of
1,296 square inches. Where glass breakage is a potential hazard, clear acrylic
may be placed directly in contact with and between 2 layers of wired glass to
give added strength. Glazing in compliance with national fire protection
association NFPA pamphlet 257, 2007, and having the required fire
resistant rating, may also be used in walls and in doors when tested in
accordance with NFPAnational fire protection association standard
252, 2012. This rule does not apply where the type of construction
requires more restrictive separation.
R 400.4548 Large and secure facilities; lighting in means of egress.
Rule 548. (1) In large and
secure facilities, all halls, stairways, and means of egress shall must
be constantly lighted. Approved exit signs shall must be
installed over each required exit. Exit directional signs shall must
be provided where exit signs are not readily visible in means of egress. In new
and converted large and secure facilities, emergency light packs and exit
lights shall must be provided along the means of egress. These
devices shall must include an electric charging unit that will
maintain the batteries fully charged.
(2) In new and converted
multistory large and or multistory secure facilities, there shall
must be a system of emergency backup capable of maintaining required
lighting for not less than 24 hours in the event of power failure.
R 400.4550 Elevators and dumbwaiters.
Rule 550. Elevator and
dumbwaiter shafts shall must be completely enclosed by
noncombustible materials with a fire-resistance rating of not less than 1
hour. An opening shall may not be permitted through the side
wall enclosure for ventilation or for any other purpose. Doors and frames
servicing elevators and dumbwaiters shall must be approved
B-labeled fire door assemblies and labeled fire frame construction and shall
must be hung so as to be reasonably smoketight when the doors are
closed. Glass side lights, transoms, and panels above the doors shall must
be wire glass and shall not exceed 100 square inches.
R 400.4552 Heating devices and flame-producing devices.
Rule 552. (1) In residential
group homes,; small, large, and secure facilities,;
and all newly constructed and converted facilities, flame-producing-type
heating devices, water heaters, and incinerators shall must
be in an enclosure providing at least 1-hour resistance to fire. Adequate
combustion air shall must be provided directly from the outside
through a permanently open louver. Fire dampers are not required in ducts
penetrating this enclosure.
(2) In residential group homes where flame-producing-type heating devices or incinerator devices are located on a story not used by youth, there must be a separation between the story or stories containing such devices and resident-used stories such that at least a 3/4-hour resistance to fire is provided. Any interior stairway to such a nonresident-used story must have at least a 1-¾ inch solid wood core door that is equipped with latching hardware and a self-closing device separating the nonresident-used story from youth-used stories.
(23) In
existing small facilities, flame-producing-type heating devices and
incinerators approved under the standards these rules replace shall will
continue to be approved with regard to enclosure or lack of enclosure until
the portion of the facility containing the flame-producing device is remodeled
or the facility is converted. This does shall not preclude
requirements relative to maintaining doors and other safety factors in proper
working order.
(34) Electric
heating shall must be installed in accordance with the
manufacturer's specifications and shall be approved by a nationally
recognized, independent testing laboratory.
(45) Portable
heaters and space heaters, including solid fuel heaters, are prohibited.
(56) A
fireplace is permitted if it is masonry and has all of the following components:
(a) An approved glass door
shielding the opening. The door shall must be closed at all times
except when a fire is being tended.
(b) A noncombustible hearth extending a minimum of 16 inches out from the front and 8 inches beyond each side of the fireplace opening.
(c) A noncombustible face extending not less than 12 inches above and 8 inches on each side of the fireplace opening.
(d) A masonry chimney constructed with approved flue liners.
(e) The chimney shall
must be visually inspected every other month while in use and cleaned as needed, but not less than
once every 12 months.
(67) A
heating plant room shall may not be used for combustible storage
or for a maintenance shop unless the room is provided with automatic sprinkler
protection. Flammable liquids or gases shall must not be stored
in a heating plant room.
(78) A
furnace and other flame-producing unit shall must be installed
according to manufacturer and test specifications and shall be vented by
metal ducts to a chimney which that is constructed of bricks,
solid block masonry, or reinforced concrete, which has an approved flue lining,
and is properly erected and maintained in a safe condition. A bracket chimney
is not permitted. This rule does not prohibit the installation and use of any
prefabricated chimney bearing the label of an approved, nationally recognized,
independent testing laboratory if the chimney is installed and used in
accordance with manufacturer and test specifications and is compatible with the
heating unit or units connected to it. Only gas and oil-fired units may be
connected to a prefabricated chimney.
(89) All
furnaces shall must be inspected on an annual basis by a licensed
inspector. A copy of the inspection must be made available to the qualified
fire inspector or the department’s licensing authority upon request.
(910) A
carbon monoxide detector, bearing a safety certification mark of a recognized
testing laboratory such as UL for Underwriters Laboratories or ETL for Electro Technical
Laboratory, shall must be placed on all levels approved for child
youth care and in all furnace zones.
R 400.4554 Air-handling equipment.
Rule 554. (1) In newly
constructed or converted large or secure facilities, air-conditioning, warm air
heating, air cooling, and ventilating systems shall must comply
with the national fire protection association standard No. NFPA 90A,
entitled "Installation of Air Conditioning and Ventilating Systems," 2002.
(2) In newly constructed or
converted large or secure facilities, fans and air handling equipment used for
re-circulating air in more than 1 room or single area shall must have
an approved automatic smoke detector located in the system at a suitable point
in the return air duct ahead of the fresh air intake, the actuating of which shall
opens the electrical circuit supplying the fan motor and when an
approved fire alarm system is installed, be is connected to the
fire alarm system in accordance with national fire protection association
standard No. NFPA 72, 2013.
(3) In existing facilities,
fans and air-handling equipment and systems approved in accordance with the
standards these rules replace shall will continue to be approved
until the facility is converted. This shall does not preclude requirements relative
to maintaining the equipment, including thermostatic or
other detection devices, and systems, in proper and safe working order.
(4) Fan rooms shall may
not be designed or used for any other use except housing other mechanical equipment.
R 400.4555 Smoke barriers.
Rule 555. (1) Smoke
barriers with a 1-hour fire resistance rating shall must be
provided on each floor used for sleeping rooms for more than 24 residents
youth and shall be so located as to form an area of refuge on
either side that is served with an approved means of egress. The barriers shall
must be located as close as possible to the middle of the floor to be
protected and shall extend from outside wall to outside wall and from
the floor through any inter-stud spaces to the roof or floor structure above.
(2) Doors in the smoke
barrier shall must be at least 20-minute fire-rated doors
or 1- ¾ inch solid core flush door hung in labeled frames with
self-closing devices. Where double doors without mullions are used,
synchronizing hardware and astragals shall must be installed and
maintained regularly. For new construction, additions, and conversions
these doors shall must be arranged so that each door swings in a
direction opposite from the other.
(3) Doors in smoke barrier
partition may be held open only by electric hold-open devices designed so that
interruption of the electric current or actuation of the fire alarm, sprinkler
system, or the heat or smoke detector will cause the release of the doors. The
doors shall must also be capable of being opened and closed manually.
R 400.4557 Storage rooms.
Rule 557. Storage rooms
larger than 100 square feet used for the storage of combustible materials shall
must be separated from the remainder of the facility by construction
with at least a 1-hour fire resistance rated
construction.
R 400.4559 Combustible storage.
Rule 559. (1) In a new,
remodeled, or converted large facility, hazardous areas and rooms for storage
of combustible materials, including all janitor rooms and closets, linen rooms,
shipping and receiving rooms, kitchens, kitchen storage rooms, and
maintenance shops shall must be separated from the remainder of
the building by construction having at least a 1-hour fire resistance rating
with a “B” ¾-hour rated door with an approved hydraulic closer.
(2) In an existing
facility, combustible materials storage rooms and hazardous areas, including
janitor rooms and closets, shipping and receiving rooms, kitchen storage rooms,
and maintenance shops approved before these rules take effect, shall will
continue to be approved until the facility or portion thereof is remodeled
or converted. All features of fire protection, including fire detection,
automatic sprinkler protection, and required fire separations, shall must
be properly maintained.
R 400.4560 Cooking appliances.
Rule 560. (1) Cooking
appliances shall must be suitably installed in accordance
with approved safety practices.
(2) Where metal hoods or
canopies are provided over domestic cooking appliances, they shall must
be equipped with filters which thatshall are be
maintained in an efficient and clean condition. Residential group homes must
use domestic type cooking appliances installed in accordance with approved
safety practices.
(3) In a newly constructed,
remodeled, or converted large and secure facility, where metal hoods or
canopies are provided over commercial kitchen cooking appliances,
they shall must be designed and equipped in compliance with the
national fire protection association standard No. NFPA 96,
entitled "Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations,” 2014 , and shall comply with
all of the following requirements:
(a) Filters shall must
be maintained in an efficient and clean
condition.
(b) Only vapor proof
electrical wiring and equipment shall be are permitted in
hoods or canopies.
(c) Exhaust ducts from
hoods shall must be run to the outside by the shortest possible
route. When exhaust ducts are run through open spaces between a ceiling and a
floor or roof or through any floors above, the ducts shall must be
enclosed in horizontal or vertical shafts protected from the remainder of the
building by construction which that affords a 2- hour fire
resistance rating.
(d) Fire extinguishment
equipment for the hood and exhaust duct of a cooking appliance in a kitchen shall
be in compliance must comply with the national fire protection
association standard No. NFPA 96, entitled "Standard for
Ventilation Control and Fire Protection of Commercial Cooking Operations,”.
(4) In an existing
facility, metal hoods and canopies approved before these rules take effect shall
will continue to be approved until the facility or portion thereof which
that incorporates the kitchen is remodeled or converted. When the
kitchen is remodeled or the facility is converted, hoods, canopies, and kitchen
hood suppression systems for cooking appliances shall must comply
with the requirements of this rule for new construction. Filters in any hood or
canopy in an existing facility shall must be maintained in an
efficient and clean condition.
R 400.4562 Rubbish handling and incinerators.
Rule 562. (1) In a newly
constructed, remodeled, or converted large or secure facility, rubbish handling
and incinerators shall must be in accordance comply with
the national fire protection association standard No. NFPA 82,
entitled “Standard on Incinerators and Waste and Linen Handling Systems and
Equipment”, 2014. Rubbish chutes and refuse bins or rooms shall must
comply with the provision of this pamphlet for industrial-type incinerators. Approved
2-bushel or less gas incinerators may be placed in an approved furnace room and
shall must be equipped with approved automatic 100% shutoff
controls, including a safety pilot. Feed doors shall must be
located in an enclosed room that is provided with automatic sprinkler
protection or compartment separated from other parts of the building by walls,
floor, and a ceiling having a fire-resistance rating of not less than 1 hour
with openings to such rooms or compartments protected by approved B-labeled fire
door assembly and fire door frames.
(2) In a newly constructed,
remodeled, or converted large and/or or secure facility, or
both, rubbish chutes shall may not extend not less
than 4 feet above the roof and shall must be covered by a metal
skylight glazed with thin pane glass. A sprinkler head shall must
be installed at the top of rubbish chutes and within the chutes at alternate
floor levels in buildings more than 2 stories in height. A rubbish chute shall
must empty into a separate room, closet, or bin constructed of
materials having at least a 1-hour resistance to fire and protected with an
automatic sprinkler system.
(3) In new construction,
incinerator rooms shall must have at least 1 wall on an outside
wall not exposing a closed court.
(4) In an existing large or
secure facility, rubbish handling and incinerators approved before these rules
take effect shall will continue to be approved until the facility
is converted or the portion of the facility which that includes
the rubbish handling facilities or incinerators is remodeled.
R 400.4563 Laundries.
Rule 563. (1) In a newly
constructed, remodeled, or converted large or secure facility with a laundry,
the laundry shall must comply with all of the following requirements:
(a) Be located in a room constructed of materials that have a 1-hour fire resistance rating.
(b) Have steam lines installed with a 1-inch clearance from combustibles.
(c) Have dryer vents
constructed of rigid metal vented directly to the exterior or through the roof.
Lint traps shall must be cleaned each time the dryer is used.
(d) Have 100% automatic and manual shutoff controls for gas appliances other than domestic laundry equipment, which need only have manual shutoff controls.
(e) Have adequate outside air for combustion where combustion-type equipment is used.
(2) In a newly constructed,
remodeled, or converted facility, laundry chutes shall be in compliance must
comply with all of the following requirements:
(a) Be enclosed in shafts
constructed of an assemblage of noncombustible materials having at least a
1-hour resistance to fire. If the shaft does not extend through the roof of the
building, the top shall must be covered with noncombustible
material affording at least a 1- hour resistance to fire. There shall may
not be no openings into the shaft other than those necessary to the
intended use of the laundry chute. Feed doors shall must be
located in an enclosed room that is provided with automatic sprinkler protection
or compartment separated from other parts of the building by walls, a floor,
and a ceiling having a fire-resistance rating of not less than 1 hour with openings to such rooms or compartments protected by B-labeled fire
doors and in labeled frames with self-closing, positive latching hardware.
(b) Have a sprinkler head installed at the top of the chutes and within the laundry chutes at alternate floor levels in buildings over 2 stores in heights.
(c) Empty into a separate room, closet, or bin constructed of materials having at least a 1-hour resistance to fire and protected by automatic sprinklers.
(d) Have an open vent at
the top where the shaft extends through the roof of the building, a skylight which
that is glazed with ordinary glass and which that is not
less than 10% of the shaft area, or a window of ordinary glass which that
is not less than 10% of the shaft area and which that is set
into the side of the shaft with the sill of the window not less than 2 feet
above the roof level and 10 feet from any property line or other exposure it faces.
(3) In an existing
facility, laundry facilities and laundry chutes approved before these rules
take effect shall will continue to be approved until the facility
is converted or the portion of the facility which that includes
the laundry facility or chute is remodeled.
R 400.4564 Motor vehicle housing.
Rule 564. A motor vehicle
or gasoline-powered equipment or devices which that may cause or
communicate fire and are not necessary for the personal care of residents
youth shall may not be stored within a facility, unless
the area housing such equipment is separated from the rest of the facility by
materials having at least a 1-hour fire resistance rating.
R 400.4566 Garages.
Rule 566. (1) Garages
located beneath, or attached to, a facility shall must have
walls, partitions, floors, and ceilings separating the garage space from the
rest of the facility by construction with not less than a 1-hour fire
resistance rating, and ¾
hour fire rated doors with self-closing and positive latching hardware.
(2) In existing facilities,
garages located beneath or attached to the facility approved before November
30, 1983 shall will continue to be approved until the facility is
converted or the portion of the facility containing the garage is remodeled.
R 400.4568 Assemblage area.
Rule 568. A resident
youth use assemblage area in a newly constructed, remodeled, or
converted facility, such as a recreation room, dining hall, or chapel, with an
occupancy of 51 or more persons, as
computed by the public assemblage regulations, shall must be maintained and arranged in accordance
with national life safety code standard NFPA101, 2015 ,
governing places of public assemblage. These rules may be obtained from the
department. Each door from an assemblage area occupied by residents youth
shall must enter a corridor between exits or there shall be
have direct egress to the outside from each room. In an existing facility, assemblage areas
approved before these rules take effect shall will continue to be
approved until the areas are remodeled or converted.
PART 6. FIRE SAFETY FOR RESIDENTIAL GROUP HOME FACILITIES
R 400.4601 Applicability.
Rescinded.
Rule 601. The rules in
this part apply to residential group homes.
R 400.4602 Definitions. Rescinded.
Rule 602. As used in
this part:
(a) "Approved"
means acceptable to the department and fire inspecting authority and in
accordance with these rules. The department shall make the final approval based
on recommendations from the fire inspecting authority.
(b)
"Basement" means a story of a building or structure having ½ or more
of its clear height below average grade for at least 50% of the perimeter of
the story.
(c) "Combustible"
means that any part of a material can ignite and burn when subjected to fire or
excessive heat.
(d) "Conversion"
or "converted" means a change, after the effective date of these
rules, in the use of a facility or portion thereof from some previous use to
that of a licensed or approved institution, or an increase in capacity from a residential
group home facility to a small facility or a large facility or a change in a
secure facility. A converted facility shall comply with these rules for fire
safety for converted facilities.
(e) "Existing
facility" means a building, accessory buildings and surrounding grounds
which are licensed or approved by the department as an open institution for 6
or fewer residents at the time these rules take effect and which is not
unoccupied or unlicensed for more than 90 consecutive days thereafter. Where an
increase in capacity or change in use affects fire safety requirements, the
facility shall comply with all applicable requirements prior to the increase or
change in use.
(f) "Facility"
means a building and surrounding grounds and recreational areas owned, leased,
or primarily rented by a child care organization for use as a residential group
home facility to house and sleep residents. "Facility" includes new,
remodeled, converted, and existing facilities. Any portion of a facility not
used by residents and not used as a required means of egress and which is
separated from the rest of the facility by an approved fire barrier, and
buildings used by the residents strictly for up and awake activities do not
need to meet these rules for fire safety. However, the right of the fire
inspecting authority to inspect a nonuse area for hazardous use, or any
building on the grounds that is used by the residents strictly for up and awake
activities, is retained and directives relative to fire safety of such area or
building may be issued to assure the fire safety of the those use areas.
(g) "Fire alarm
device" means an approved device capable of sounding an alarm. A fire
alarm shall be specifically designated as such and shall not be used for any
purpose other than sounding an alarm of fire or other emergency or for fire
drills. The device shall be loud enough to be heard throughout the facility
under normal conditions. A device may be a bell, a horn, a whistle, or any
other device acceptable to the fire inspecting authority.
(h) "Fire
resistance rating" means the time in hours or fractions thereof that
materials or their assemblies will resist fire exposure as determined by fire
tests established and conducted by approved testing laboratories.
(i) "Means of
egress or exit" means an unobstructed way of departure from any point in a
building to safe open air outside at grade.
(j) "Newly
constructed," "new construction," or "new facility"
means a structure or addition to a facility after the effective date of these rules.
(k) "Non-ambulatory"
means a resident, including a resident confined to a wheelchair, who is
physically or mentally incapable of traversing a path to safety without the aid
of another person. A path to safety includes the ascent and descent of any stairs
or other approved means of egress from the building.
(l) "Remodeled"
means changes in a facility that modify existing conditions and includes
renovation. Remodeled and affected areas of an institution shall conform to
these rules for fire safety for remodeled and converted facilities. Unaffected
areas of a facility are not required to conform to the required provisions for
remodeled and converted facilities.
(m) "Residential
group home facility" means a building used to house not more than 6
residents and is not a secure facility.
(n) "Second
story" means the story of a building above the highest story that has a
means of egress that is not more than 4 feet to grade.
(o) "Street
floor" means the lowest story of a facility that is not a basement.
(p) "Story" means that part of a building between a floor and the
floor or roof next above.
R 400.4604 Adoption by
reference. Rescinded.
Rule 604. The
department adopts the fire safety codes and standards in this rule. These codes
and standards are available for inspection and distribution to the public at
cost at the Department of Human Services, 201 N. Washington Square, P.O. Box
30650, Lansing, Michigan 48909. Copies of the codes and standards may also be
obtained from the appropriate agency, organization, or association listed
below. The costs indicated are those in effect at the time these rules are
promulgated. The codes and standards adopted are as follows:
(a) Standard No. 10, “Standard for Portable Fire Extinguishers”. 2013 National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109,
$46.50.
(b) Standard No. 13D, “Standard for the Installation of Sprinkler Systems in
One- and Two-Family Dwellings and Manufactured Homes”, 2007 National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109, $33.50.
(c)
Standard No. 25, “Standard for the Inspection, Testing and Maintenance of
Water-Based Fire Protection systems”, 2014 National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109, $54.50.
(d)
Standard No. 70, “National Electric Code,” 2014, National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $89.50.
(e)
Standard No. 72, “National Fire Alarm Code”, 2013 National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $80.10.
(f)
Standard No. 80, “Standard for Fire Doors and Other Opening Protectives”, 2013,
National Fire Protection Association, 1 Batterymarch Park, Quincy,
Massachusetts 02269-9101, $46.50.
(g)
Standard No. 261, “Standard Method of Test for Determining Resistance of
Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes”, 2013 National Fire
Protection Association, 1 Battterymarch Park, Quincy, Massachusetts 02269-9101, $36.50.
(h)
Standard No. 255, “Standard Method of Test of Surface Burning Characteristics
of Building Materials”, 2006, National Fire Protection Association, 1
Batterymarch Park, Quincy, Massachusetts 02269-9101, $36.50.
(i)
Standard No. 701, “Standard Methods of Fire Tests for Flame Propagation of
Textiles and Films”, 2010 National Fire Protection Association, 1 Batterymarch
Park, Quincy, Massachusetts 02269-9101, $36.50.
(j) Standard E-1590 2002, “Standard Method for
Fire Testing of Mattresses” American Society for Testing and Materials, 100 Bar
Harbor Dr., West Conshohocken, PA, 19428-2959.
R 400.4605 Plan review.
Rescinded.
Rule 605. (1) Plans and
specifications shall be submitted to the bureau of fire services for review and
approval prior to any remodeling in a residential group home or the
construction or conversion of a residential group home.
(2) The plans shall
comply with all of the following provisions:
(a) Show layout, room
arrangements, construction materials to be used, and the location size, and
type of fixed equipment.
(b) For additions, show
those portions, including existing exits, types of construction, and room
occupancies, which may be affected by the addition.
(3) The plans shall be
approved in writing by the bureau of fire services before construction begins.
(4) The plans for
residential group homes for not more than 6 residents do not require the seal
of a registered architect or engineer.
R 400.4606 Evacuation
training and telephone. Rescinded.
Rule 606. (1) Staff shall
be trained in evacuation of the facility in the event of emergency. A record
shall be maintained of the training.
(2) There shall be a
telephone for communicating an alarm of fire to the fire department. A pay
phone is not acceptable as a phone for communicating an alarm of fire.
(3) The telephone number of the fire department shall be posted by all phones.
R 400.4608 Facility
location. Rescinded.
Rule 608. A residential group home facility shall not
be established within 300 feet of an aboveground storage tank containing
flammable liquids used in connection
with a bulk plant, marine terminal, aircraft refueling, or bottling plant of
a liquid petroleum gas installation or other similar hazard.
R 400.4612 Combustible
materials, decorations, furnishings, and bedding. Rescinded.
Rule 612. (1) A
residential group home facility shall be kept free of all accumulation of
combustible materials other than those necessary for the daily operation of the
residential group home.
(2) Easily ignited or
rapidly burning combustible decorations are not permitted in a facility.
Personal artwork and personal decorations made or owned by residents are
permitted up to 6 square feet of wall space in each room or area other than
means of egress or hazardous areas.
(3) Newly introduced
upholstered furniture shall be tested in accordance with and comply with
NFPA-261 unless located in an area having automatic sprinkler protection.
(4) Newly introduced mattresses shall be tested in accordance with ASTM E
1590 unless located in an area having automatic sprinkler protection.
R 400.4613 Basement as
sleeping room prohibited. Rescinded.
Rule 613. A basement
shall not be used for sleeping.
R 400.4615 Electrical
service. Rescinded.
Rule 615. (1) The
electrical service shall be maintained in a safe condition.
(2) Where the
inspecting authority believes there is a need for an inspection of the
electrical system because of its condition, the electrical service shall be
inspected by a qualified electrical inspection service. A copy of the
inspection report shall be maintained at the facility for review.
(3) Where an electrical system inspection indicates deficiencies in the
electrical system, the deficiencies shall be corrected and a certificate of
approval shall be maintained at the facility confirming that all
deficiencies related to the electrical system have been corrected.
R 400.4617 Residential
group home facility construction. Rescinded.
Rule 617. A residential group home facility shall be
at least of ordinary construction, light platform frame, and not over 2
stories high above the highest grade.
R 400.4618 Locked
seclusion room; prohibition. Rescinded.
Rule 618. A locked seclusion room is not permitted in
a residential group home facility.
R 400.4620 Interior finish.
Rescinded.
Rule 620. (1) The
following alphabetical classification of finished materials for flame spread
and smoke development, as determined by the tunnel test in accordance with the
national fire protection association, standard No. 255, 2006; American society
of testing materials E-84-77A, 2014; or Underwriters Laboratories standard No.
723, 2008, shall be used to determine interior
finishes:
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The same alphabetical
classification is used for combustibility of prefabricated acoustical tile
units, only under federal specifications test No. SS-5-118a.
(2) The classification
of interior finish materials as to their flame spread and smoke development
shall be that of the basic material used, without regard to subsequently
applied paint or other coverings, except where such paint or other covering is
of such a character or thickness where applied to affect the material
classification. Finishes such as lacquer, polyurethane-based materials, or
unapproved wall coverings shall not be used.
(3) In a newly
constructed, remodeled, or converted residential group home, an interior finish
classification shall be that of the basic material used, without regard to
subsequently applied paint or other covering in an attempt to meet the classification.
(4) Interior finishes and materials shall be at least class C throughout.
R 400.4621 Automatic
sprinkler protection. Rescinded.
Rule 621. All newly constructed residential group
homes shall be provided with automatic sprinkler protection in accordance with
the requirements of NFPA-13D. Sprinkler systems shall be inspected, tested, and
maintained in accordance with NFPA 25.
R 400.4623 Smoke detection
equipment. Rescinded.
Rule 623. (1) Newly constructed or licensed
residential group homes shall be protected by interconnected smoke detectors in
accordance with NFPA 72.
(2) A residential group
home facility shall be protected by at least battery-operated smoke detection
devices installed in all of the following areas:
(a) Between sleeping
areas and the other areas of the facility.
(b) At the top of all
interior stairways.
(c) In the immediate
vicinity of combustion-type heating and incinerating devices, where such
devices are not in an enclosure providing at least 1-hour resistance to fire.
Where such devices are in enclosures which provide at least 1-hour resistance
to fire, a fire detection device shall be immediately outside of the enclosure.
(d) At least 1 on every floor.
(2) Fire detection
devices shall comply with all of the following
requirements:
(a) Be listed or
labeled by an independent, nationally recognized testing laboratory.
(b) Be installed and
maintained in accordance with the manufacturer's and test specifications.
(c) Be cleaned and tested
at least quarterly.
(d) Have the batteries
replaced at least annually.
(e) of a type that
provides a signal when batteries are not providing sufficient power and where
batteries are missing.
(2) Any device required
by this rule which signals that power is low or a battery is missing shall be
immediately serviced and restored to full power.
(3) A written record
shall be maintained in the facility of quarterly cleanings and testing of
devices and of annual battery replacements.
(4) Fire detection systems in an existing residential group home facility,
approved before November 30, 1983 shall continue to be approved. All fire
detection systems in residential group homes shall be maintained in proper
working order.
R 400.4632 Fire extinguishers.
Rescinded.
Rule 632. (1) All required fire extinguishers shall be
subjected to a maintenance check at least once a year. Each fire extinguisher
shall have a tag or label attached indicating the month and year maintenance
was performed and identifying the person or company performing the service.
(2) All required
extinguishers shall be recharged after use.
(3) A minimum of 1
approved fire extinguisher shall be provided on each floor.
(4) All fire
extinguishers shall be at least 4 inches off the floor and the top of the
extinguisher shall be less than 5 feet off the floor in a special cabinet or on
a wall rack which is easily accessible at all times, unless programmatically
contraindicated. Where programmatically contraindicated, the required
extinguishers may be kept behind locked doors if all staff carry keys to the doors.
(5) In new, remodeled,
or converted facilities, a fire extinguisher shall be at least a type 2-A-10BC.
(6) In existing facilities licensed prior to November 30, 1983, previously
approved fire extinguishers other than a 2-A-10BC type will continue to be
approved if they are maintained in the area for which they are approved.
R 400.4635 Fire alarm
systems. Rescinded.
Rule 635. A residential group home facility shall be
equipped with a fire alarm device. The device shall be used only to sound an
alarm of fire, for practice fire drills, and other emergencies requiring
evacuation of the facility.
R 400.4638 Means of
egress. Rescinded.
Rule 638. (1) Means of egress shall be considered the
entire way and method of passage to free and safe ground outside a facility.
All required means of egress shall be maintained in unobstructed, easily
traveled condition at all times.
(2) There shall be not
less than 2 means of egress from the street floor story. At least 1 of the 2
means of egress shall be through a side-hinged door. The door shall be a
minimum of 30 inches wide, except as provided in R 400.4639. The second means
of egress may be a sliding glass door.
(3) A second story
shall only be used by ambulatory residents and shall comply with 1 of the
following requirements:
(a) Two open stairways
separated by not less than 50% of the longest dimension of the story.
(b) One open interior stairway
and 1 exterior stairway or fire escape separated by not less than 50% of the
longest dimension of the story. An exterior stairway or fire escape does not
require protection from fire in the building. An exterior stairway or fire
escape shall be constructed of not less than 2-inch nominal lumber and be in
good repair.
(c) One interior
stairway and all floors separated by materials which afford at least a 3/4-hour
fire resistance rating. The doors separating floors shall be at least 1
3/4-inch solid wood core and shall be equipped with positive latching hardware
and approved self- closing devices. Each sleeping room on the second story
shall have a window of not less than 5 square feet with no dimension less than
22 inches to allow for emergency rescue.
(2) A basement used by residents requires 1 means of egress which may be a
stairway. The stairway may be an open stairway, except as required by subrule
(3)(c) of this rule.
R 400.4639 Special
requirements for facilities caring for nonambulatory residents. Rescinded.
Rule 639. A residential group home facility providing
care to 1 or more
nonambulatory residents shall comply with all of the following provisions:
(a) House such residents only on the street
floor.
(b) Have required exitways which are not less than 48 inches wide in a new
facility and not less than 44 inches wide in an existing or converted facility.
Doors shall be a minimum of 36 inches wide.
(c) Have required exits discharge at grade level or have required exits
equipped with ramps. Ramps shall not exceed 1 foot of rise in 12 feet of run
and shall have sturdy handrails. Once at grade, there shall be a surface
sufficient to permit occupants to move a safe distance from the facility.
R 400.4640 Stairs. Rescinded.
Rule 640. (1) In new
and converted facilities, stairs shall have treads of uniform width and risers
of uniform heights. In converted facilities, treads shall be not less than 9
1/2 inches deep, exclusive of nosing, and risers shall be not more than 7 ¾
inches in height. In newly constructed facilities, treads shall be not less
than 11 inches deep, exclusive of nosing, and risers shall be not more than 7
inches in height.
(2) Stairs in an
existing facility approved before these rules take effect shall continue to be
approved until the portion of the building encompassing the stairs is
remodeled.
R 400.4643 Doors. Rescinded.
Rule 643. (1) Doors to required means of egress shall
be equipped with at least knob-type, properly operating, positive-latching,
nonlocking-against-egress-type hardware which insures the opening of the door
with a single motion, such as turning a knob or applying pressure of normal
strength on a latch, except that an approved sliding door may be equipped with
a non-key locking device.
(2) Required doors
entering stairs and doors to fire rated enclosures shall not be held in an
open position at any time by an underdoor wedge or hold-open device.
R 400.4652 Heating devices
and flame-producing devices. Rescinded.
Rule 652. (1) Flame-producing-type heating devices and
incinerator devices on any story used by residents shall be in an enclosure
that provides at least 1-hour resistance to fire. Any interior door to the
enclosure shall be of at least a B-labeled fire door in a labeled frame
equipped with latching hardware and a self-closing device. Adequate combustion
air shall be provided to the enclosure directly from the outside through a
permanently opened louver or
continuous ducts. Fire dampers are not required in ducts penetrating this
enclosure.
(2) Where
flame-producing-type heating devices or incinerator devices are located on a
story not used by residents, there shall be a separation between the story or
stories containing such devices and resident-used stories such that at least a
3/4-hour resistance to fire is provided. Any interior stairway
to such a nonresident-used story shall have at
least a 1¾ inch solid wood core door which is equipped with latching hardware
and a self-closing device separating the non-resident-used story from
resident-used stories.
(3) Electric heating
shall be installed in accordance with the manufacturer's specifications and
shall be of a type approved by a nationally recognized, independent testing laboratory.
(4) Portable heaters
and space heaters, including solid fuel heaters, are prohibited.
(5) A fireplace is
permitted if it is masonry and has all of the following components:
(a) An approved glass
door shielding the opening. The door shall be closed at all times except when a
fire is being tended.
(b) A noncombustible
hearth extending a minimum of 16 inches out from the front and 8 inches beyond
each side of the fireplace opening.
(c) A noncombustible
face extending not less than 12 inches above and 8 inches on each side of the
fireplace opening.
(d) A masonry chimney
constructed with approved flue liners.
(e) The chimney shall
be visually inspected every other month while in use and cleaned as needed, but
at least once every 12 months.
(2) A heating plant
room shall not be used for combustible storage or for a maintenance shop unless
the room is provided with automatic sprinkler
protection.
(3) A furnace and other
flame-producing unit shall be installed according to manufacturer and test
specifications and shall be vented by metal ducts to a chimney which is
constructed of bricks, solid block masonry, or reinforced concrete which has an
approved flue lining and is properly erected and maintained in safe condition.
A bracket chimney is not permitted. This rule does not prohibit the
installation and use of any prefabricated chimney bearing the label of an
approved, nationally recognized, independent testing laboratory if it is
installed in accordance with manufacturer and test specifications and is
compatible with the heating unit or units connected to it. Only gas and
oil-fired units may be connected to a prefabricated chimney.
(4) All furnaces shall
be inspected on an annual basis by a licensed inspector. A copy of the
inspection must be made available to the qualified fire inspector or the
department’s licensing authority upon request.
R 400.4657 Storage rooms.
Rescinded.
Rule 657. Storage rooms larger than 100 square feet
used for the storage of combustible materials shall be separated from the
remainder of the facility by construction with at least a 1-hour fire
resistance rating and interior door openings protected with minimum B-labeled
fire door and frame assemblies that has approved self- closing, latching hardware.
R 400.4660 Cooking
appliances. Rescinded.
Rule 660. (1) Cooking
appliances shall be of the domestic type and shall be installed in accordance
with approved safety practices.
(2) Where hoods or
canopies are provided over the cooking appliances, they shall be equipped with
filters which shall be maintained in an efficient and clean condition.
R 400.4666 Garages. Rescinded.
Rule 666. (1) Garages
located beneath a residential group home facility shall have walls, partitions,
floors, and ceilings separating the garage from the rest of the facility by
construction with not less than a 1-hour fire resistance rating with connecting
door openings protected with B-labeled fire door and frame assemblies.
(2) Garages attached to
a facility shall be separated from the rest of the facility by construction
with not less than a 1-hour fire resistance rating with connecting door
openings protected with B-labeled fire door and frame assemblies that has
approved self- closing, latching hardware.