10-144-118 Me. Code R. § 11.M

Current through 2024-51, December 18, 2024

Section 144-118-11.M - Fire Protection Exceptions

11.M.1. Exceptions for facilities that meet the Life Safety Code definition of a health care occupancy:

a.The Centers for Medicare and Medicaid Services may waive, for a period it considers appropriate, specific provisions of the Life Safety Code [See 42 CFR, 483.486 ] if:

1. The waiver would not adversely affect the health and safety of the clients; and

2. Rigid application of specific provisions would result in an unreasonable hardship for the facility.

b. The State Survey Agency may apply the State's fire and safety code instead of the Life Safety Code, if the Secretary of the Department of Health and Human Services finds that the State has a code imposed by State law that adequately protects a facility's clients.

c. Compliance on November 26, 1982 with the 1967 edition of the Life Safety Code (LSC) or compliance on April 18, 1986 with the 1981 edition of the LSC, with or without waivers, is considered to be in compliance with Chapter 11.0. of these regulations as long as the facility continues to remain in compliance with that edition of the Code.

d. For facilities that meet the Life Safety Code definition of a residential board and care occupancy and that have more than sixteen (16) beds, the State Survey Agency may apply the State's fire and safety code as specified in paragraph 11.L.1. of this Chapter.

11.M.2. If the State Survey Agency waives provisions of the Code for an existing building of two (2) or more stories that is not built of at least two (2) hour fire-resistive construction, the ICF/MR may not house persons who are blind, non-ambulatory, or with physical handicaps above the street-level floor, unless it is:

a. Built of one (1) hour protected, noncombustible construction as defined in National Fire Protection Association Standard No. 220 or achieves a passing score on the Fire Safety Evaluation System ( 42 CFR 405.1134, 442.323);

b. Fully sprinklered, one (1) hour protected, ordinary construction; or

c. Fully sprinklered, one (1) hour protected, wood frame construction.

10-144 C.M.R. ch. 118, § 11.M