Section 7 AAC 41.222 - Life and fire safety(a) A licensed child care provider described in 7 AAC 41.200(a)(1) shall meet the applicable health and safety requirements of 7 AAC 10.1000 - 7 AAC 10.1095. A provider described in 7 AAC 41.200(a)(2), (3), or (4) shall meet the applicable life and fire safety requirements of the accrediting, certifying, or approving agency.(b) A provider described in 7 AAC 41.200(a)(5) must meet the life and fire safety requirements of (d) of this section before approval to participate in the child care assistance program under this chapter.(c) The department will inspect a provider described in (b) of this section to determine if the provider meets the applicable requirements of this section. Based on the inspection, or if the department determines that it is necessary for purposes of public health, safety, or welfare, the department will request an advisory inspection report from one or more state or municipal building or fire safety authorities. The provider is responsible for any fee charged by the authority for each inspection.(d) In addition to meeting the other health and safety requirements of this chapter, a provider described in (b) of this section shall ensure basic life and fire safety by meeting the requirements of this section. The provider shall have a disaster preparedness and emergency evacuation plan that (1) includes evacuation procedures that will ensure the complete evacuation of children in care, including children with limited mobility, within 150 seconds during an emergency;(2) describes in detail the procedures that will be followed for the complete evacuation of the child care premises, including specific procedures, as applicable, for (A) children younger than 30 months of age;(B) children with limited mobility; and(C) children who otherwise may need assistance in an emergency, including a child who is mentally, visually, or hearing impaired;(3) includes procedures for other emergency situations or natural disasters that may affect the child care premises, including, as appropriate, tsunami, flooding, and earthquake emergencies;(4) includes procedures for relocating services and reunifying the child and family when the child care premises are inaccessible;(5) provides for emergency evacuation drills to be conducted and documented once each month unless postponed due to severe weather; the provider shall document the reason for any postponement; and(6) includes procedures for lock-down and sheltering the children in place for emergency situations when evacuation is not possible.(e) A provider described in 7 AAC 41.200(a)(5) shall make and retain a record of each required evacuation drill and make the record available to the department upon request. The record must include (1) the date and time of the drill;(2) the name of each child in care who was present at the time of the drill, but did not participate in the drill, and the reason for nonparticipation;(3) the amount of time used to complete the drill; and(4) a critique of the drill including a brief evaluation of the evacuation.(f) The critique under (e)(4) of this section must include (1) a review of actions taken by the provider;(2) a review of responses by children in care during the drill;(3) an evaluation of whether existing policies were followed and, if not, an explanation of why a policy was not followed;(4) an evaluation of whether the policies followed were effective and, if not, a description of how any policy will be revised for future drills;(5) for any critique that indicates a drill was ineffective in any way, an identification of factors contributing to an ineffective drill; and(6) any suggestions tor improving future drills.(g) If an emergency affects the child care business, a provider described in 7 AAC 41.200(a)(5) shall notify the department by telephone, facsimile, or electronic mail no later than the following business day and shall, no later than five of the provider's working days after the date of the emergency, submit to the department a detailed written report that includes (1) the date and time of the emergency;(2) a description of the nature of the emergency;(3) a description of how the evacuation was achieved, including the amount of time used to achieve evacuation; and(4) a critique of the evacuation that includes the information required under (f) of this section.(h) A provider described in 7 AAC 41.200(a)(5) shall have at least two means of emergency escape that are remote from each other and that provide unobstructed access to the outside of the building. At least one means of emergency escape must be an exterior door. If one of the means of emergency escape is a window, the window must comply with the requirements of (2) of this subsection. In addition, (1) the building occupied by children in care must have at least one means of escape from any basement directly to the outside at or near ground level, if children in care occupy the basement for any part of the day;(2) unless prohibited by the state fire marshal for a window 20 feet or more above ground level, each bedroom must have at least one fully-opening window that provides escape directly to the outside and that meets the following requirements: (A) the finished sill height may not exceed 44 inches above the floor; the department will allow a child care provider to meet the requirement of this subparagraph through the provision of a permanently installed step, the top of which is no more than 44 inches from the sill, if the step does not create a tripping hazard, block wheelchair access in the bedroom, or block a heating element; any request for a variance of the sill height requirement must be accompanied by written approval from the state fire marshal;(B) the net clear openable area must be a minimum of 5.7 square feet; for purposes of this subparagraph, (i) the net clear openable height may not be less than 24 inches; if the height is 24 inches, the width may not be less than 34.25 inches; and(ii) the net clear openable width may not be less than 20 inches; if the width is 20 inches, the height may not be less than 41.25 inches;(3) a window screen may not be used if it permanently prevents exit or if it cannot be easily removed for exit.(i) A provider described in 7 AAC 200(a)(5) shall ensure that (1) the child care premises are free of any accumulation of combustible waste material and other fire hazards in or around the premises;(2) at least one AC primary powered smoke detection device with battery backup, or at least one monitored battery powered smoke detection device, is located in each bedroom; in addition, if the child care premises are in a multi-level structure, at least one smoke detection device must be installed on each level; each device required under this paragraph must be less than 10 years old, or newer if necessary to comply with the manufacturer's recommended replacement date; in this paragraph, "AC" means alternating current;(3) at least one fully charged 2A:10BC dry chemical fire extinguisher is strategically located on each level of the child care building, and is installed, inspected, tested, and serviced according to the requirements of 13 AAC 50.025(29);(4) any flammable or combustible liquid is stored in a container with a tight-fitting lid specifically designed for holding flammable or combustible liquids, and ensure that these liquids are kept out of the reach of children;(5) each heating device meets the applicable requirements of 7 AAC 10.1015; and(6) if the child care premises use oil, wood, natural gas, or propane as a heating or cooking fuel, an operating carbon monoxide detector is installed in each hallway outside of, or within, each sleeping area, and ensure that each device is regularly inspected, tested, and serviced; in addition, for a multi-level building, at least one operating carbon monoxide detector must be installed on each level. Eff. 1/5/2017, Register 221, April 2017; am 10/31/2019, Register 232, January 2020