Rule 401. Chapter 33, adopted by reference in Rule 102 of these rules is amended as follows: Sections 33.1.1.3, 33.1.1.4, 33.2.2.5.2, 33.2.2.5.5.1, 33.2.3.2, 33.2.3.2.2, 33.2.3.2.3, 33.2.3.6.4, 33.3.1.1.1, 33.3.1.1.2, 33.3.2.2.2, 33.3.2.3.4, 33.3.3.3, 33.3.3.4.2, 33.3.3.5.1.1, 33.6, 33.7.1.1, 33.7.1.2, 33.7.3.1, 33.7.5, 33.7.5.1, 33.7.5.2.1, 33.7.5.2.2, 33.7.5.3, and 33.7.6 are amended, 33.2.2.6.4, 33.2.3.2.6, 33.2.3.2.7, 33.2.5.2.4, 33.2.5.2.5, 33.3.2.2.3.1, 33.3.3.2.3, 33.3.3.2.4, 33.3.3.2.5, 33.3.3.2.6, 33.3.3.4.8.4, 33.6.1, 33.6.2, 33.7.1.1, 33.7.1.1.1, 33.7.4.1.1, and 33.7.4.3 are added, and 33.2.3.6.1.4, 33.3.2.3.3, 33.3.3.4.7, 33.3.3.4.8.2, 33.3.3.6.6.1, 33.7.2.4, 33.7.3.5, 33.7.3.6, and 33.7.5.3.2 are deleted from this chapter as follows:
(1) General requirements 33.1.1.3. Chapter Sections. This chapter is divided into 5 sections as follows: (1) Section 33.1 General Requirements(2) Section 33.2 Small facilities (7-12 residents)(3) Section 33.3 Large facilities (13 to 20 residents)(4) Section 33.4 Suitability of an apartment building to house a board and care occupancy(5) Section 33.5 Reserved(6) Section 33.6 Basements(7) Section 33.7 Operating features 33.1.1.4 Conversions. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing residential or health care occupancy to an adult foster care facility. A change of licensee does not change the status of an existing facility to "new," if the new license application is made not later than 60 days of the previous license expiration date and the license category has not been changed, except as provided in MCL 400.721.(2) Small facilities 33.2.2.5.2 Doors shall be swinging or sliding. Doors used as the means of escape shall be swinging. Exception: bathroom doors.33.2.2.5.5.1 Delayed-egress locks complying with 7.2.1.6.1 shall be permitted on exit doors only.33.2.2.6.4 Exterior stairs used as a means of escape, that exceed a vertical distance from grade of more than 4 feet shall be enclosed and separated from the remainder of the facility with fire-resistive rated barriers, with all openings equipped with smoke-actuated automatic-closing or self-closing doors having a fire protection rating comparable to that required for the enclosure. Unprotected openings within 10 feet of exterior stairs less than 4 feet above grade shall be prohibited. Stairs shall comply with 7.2.2.5.3.33.2.3.2 Hazardous areas. 33.2.3.2.2 Spaces requiring protection by 33.2.3.2.1 shall include, but shall not be limited to, areas for cartoned storage, food, or household maintenance items in wholesale or institutional-type quantities and concentrations, mass storage of residents belongings, furnaces, heating equipment, and furnace rooms.33.2.3.2.3 Areas containing approved, properly installed and maintained residential-type cooking and laundry equipment shall not be classified as hazardous areas solely on the basis of such equipment.33.2.3.2.6 Oxygen storage. Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:
(a) A separate room shall be provided for the storage of oxygen and that room shall not be used for other storage or for any other use.(b) A room for the storage of oxygen shall be separated from the remainder of the building by a minimum of 1-hour fire-resistive rated construction.(c) A storage room or manifold enclosure for oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity shall not be located below grade. The room shall have 1 wall which is an outside wall of the building and which has a window that is not less than 6 square feet in area, 1 square foot of which shall be a permanently open louver for ventilation.(d) A provision shall be made for a rack or fastening to protect a cylinder from accidental damage or dislocation.(e) If the manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the oxygen shall be located, installed, and maintained in compliance with the provisions of national fire protection association pamphlet no. 50, 1990 edition, bulk oxygen systems at consumers' sites, adopted by reference in R 400.18108.(f) A 1-day supply of oxygen may be kept in the room where it is being used.(g) Smoking shall be prohibited in any room or compartment where oxygen is used or stored. Such areas shall be posted with "no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (.635 cm) wide stroke. 33.2.3.2.7 Garages shall be separated from the remainder of the facility by a minimum of 1-hour fire-resistive rated construction with all openings protected by not less than a 1hour fire-resistive rated, B-labeled door and frame assembly.33.2.3.6.4 Doors shall meet the following requirements:(1) Doors shall be provided with latches or other mechanisms suitable for keeping the doors closed.(2) No doors shall be arranged to prevent the occupant from closing the door.33.2.5.2.4 Fireplaces are prohibited.Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable.
Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.
33.2.5.2.5. Solid fuel-burning central heating appliances shall be in compliance with the provisions of sections 9.2.1 and 9.2.2 of the code, as amended, and NFPA pamphlet # 211, 2003 edition, standard for chimneys, fireplaces, vents, and solid fuel-burning appliances, which is adopted by reference in R 400.18102.(3) Large Facilities 33.3.1.1.1 Section 33.3shall apply to residential board and care occupancies providing sleeping accommodations for 13 to 20 residents.33.3.1.1.2 Facilities having sleeping accommodations for 7 to 12 residents shall be evaluated in accordance with section 33.2.33.3.2.2.2 Doors in means of egress shall be as follows:(1) Doors complying with 7.2.1 shall be permitted.(2) Doors within individual rooms and suites of rooms may be swinging.(3) No door, other than those meeting the requirement of 33.3.2.2.2(4) or (5) shall be equipped with a lock or latch that requires the use of a tool or key from the egress side.(4) Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted, provided that not more than 1 device is located in any egress path.(5) Access controlled egress doors in accordance with 7.2.1.6.2 shall be permitted, provided that not more than 1 device is located in any egress path.(6) Doors located in the means of egress that are permitted to be locked under other provisions of chapter 33, other than those meeting the requirement of 33.3.2.2.2(4) or (5), shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times.(7) Only 1 such locking device, as described in 33.3.2.2.2(6) shall be permitted on each door. 33.3.2.2.3.1 Exterior stairs used as a means of egress, that exceed a vertical distance from grade of more than 4 feet shall be enclosed and separated from the remainder of the facility with 1-hour fire resistive barriers, with all openings equipped with smoke-actuated automatic-closing or self-closing doors having a fire protection rating comparable to that required for the enclosure. Unprotected openings within 10 feet of exterior stairs less than 4 feet above grade shall be prohibited. Stairs shall comply with 7.2.2.5.3.33.3.2.3.4 Corridors shall be not less than 36 inches (915mm) wide. 33.3.3.2.3 Fireplaces are prohibited.Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable.
Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.
33.3.3.2.2 (1) Boiler and heater roomsBoiler and heater rooms located in unoccupied basements are not subject to the one hour requirement of 33.3.3.2.2.
33.3.3.2.4 Solid fuel-burning central heating appliances shall be in compliance with sections 9.2.1 and 9.2.2 of the code, as amended in this part, and NFPA pamphlet # 211, which is adopted by reference in 2.1 of the code, as amended by R 400.18102.33.3.3.2.5 Oxygen storage Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:
(a) A separate room shall be provided for the storage of oxygen and that room shall not be used for other storage or for any other use.(b) A room for the storage of oxygen shall be separated from the remainder of the building by a minimum of 1-hour fire-resistive rated construction.(c) A storage room or manifold enclosure for oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity shall not be located below grade. The room shall have 1 wall which is an outside wall of the building and which has a window that is not less than 6 square feet in area, 1 square foot of which shall be a permanently open louver for ventilation.(d) A provision shall be made for a rack or fastening to protect a cylinder from accidental damage or dislocation.(e) If the manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the oxygen shall be located, installed, and maintained in compliance with the provisions of national fire protection association pamphlet no. 50, 1990 edition, bulk oxygen systems at consumers' sites, which is adopted by reference in R 400.18108.(f) A 1-day supply of oxygen may be kept in the room where it is being used.(g) Smoking shall be prohibited in any room or compartment where oxygen is used or stored. Such areas shall be posted with "no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (.635 cm) wide stroke. 33.3.3.2.6 Garages shall be separated from the remainder of the facility by a minimum of 1-hour fire-resistive rated construction with all openings protected by not less than a 1hour, B-labeled door and frame assembly.33.3.3.3 Interior finish. New interior finishes shall comply with this section. 33.3.3.4.2 Initiation. The required fire alarm system shall be initiated by all of the following means: (1) Manual means in accordance with 9.6.2, unless there are other effective means, such as a complete automatic sprinkler or automatic detection system, for notification of fire as required.(2) Manual fire alarm box located at a convenient central control point.(3) Automatic sprinkler system, other than those not required by another section of this code.(4) Required detection system. 33.3.3.4.8.4 Smoke detectors shall be required in all dwelling units, including sleeping rooms.33.3.3.5.1.1 In buildings not more than 4 stories in height, a sprinkler system complying the NFPA 13R, Standard for the installation of sprinkler systems in residential occupancies up to and including 4 stories in height, shall be permitted. Exception: An automatic sprinkler system in accordance with NFPA 13D, standard for the installation of sprinkler systems in 1- and 2-family dwellings and manufactured homes, shall be permitted for up to 16 residents.(6) Basements. 33.6. Basements. 33.6.1. A basement shall not be used as a resident bedroom, unless it meets the definition of a "story above grade."33.6.2. A basement that is used for resident activities shall have 2 remotely located means of escape separated by not less than 50% of the longest dimension of the floor, as practical. One of the means of escape shall exit directly to the outside at grade. The second means of escape may be the interior stairway that serves the first floor of the facility.33.7.1.1 The administration of every residential board and care facility shall have in effect and available to all personnel, written copies of a plan for protecting all persons in the event of fire and for evacuating persons from the building to the designated point of safety. The plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is admitted to the home. All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, including the operation of fire alarm and other fire protection equipment. Such instruction shall be reviewed by the staff not less than every 2 months. A copy of the plan shall be readily available at all times within the facility. The evacuation plan shall include provisions to protect residents who are either permanently or temporarily incapable of self-preservation. The evacuation plan shall be evaluated annually to ensure that all information is current and correct. 33.7.1.1.1 The written fire safety plan shall provide for the following:(b) Transmission of alarm to fire department.(e) Evacuation of building.(f) Closure of bedroom doors and corridor access doors upon exiting.(g) Use of fire extinguishers. 33.7.1.2 The proper protection of adult foster care facility residents shall require the prompt and effective response of staff members. The basic response required of staff shall include the removal of all occupants directly involved with the fire emergency, transmission of an appropriate fire alarm signal to warn other building occupants and summon staff, confinement of the effects of the fire by closing doors to isolate the fire area, and evacuation of residents as detailed in the fire safety plan.33.7.3.1 Emergency egress and relocation drills shall be conducted not less than once per quarter per scheduled shift; daytime, 7 a.m. to 3 p.m., evening, 3p.m. to 11 p.m., and night, 11 p.m. to 7 a.m. (consistent with AFC licensing and current rules in effect.)33.7.4.1.1 Smoking regulations shall include the following:(1) Smoking shall he prohibited in any room, compartment, or area where flammable or combustible liquids, combustible gases, or oxygen is used or stored and in any other hazardous location. Both of the following also shall apply: (a) Signs shall be posted with signs that read NO SMOKING or bear the international symbol for no smoking.(b) In residential board and care facilities where smoking is totally prohibited and signs so indicating are placed at all major entrances; secondary signs with language that prohibits smoking are not required.(2) Smoking by residents classified as not responsible with regard to their ability to safely use and dispose of smoking materials shall he prohibited, unless the resident is under direct supervision by staff or by a person approved by the administration. In such a case, smoking may be permitted.(3) Smoking materials shall not be provided to residents or maintained by residents without the approval of the administration.(4) Areas where smoking is permitted shall he clearly identified.(5) Ashtrays of noncombustible material shall he provided and required to he used in all areas where smoking is permitted.(6) Self-closing cover devices into which ashtrays may be emptied shall he made available to all areas where smoking is permitted, and shall be required to he used. 33.7.4.3 Smoking shall be permitted in a designated location only. Smoking in resident or staff bedrooms or in stairwells, exit corridors, and fire escapes is prohibited.33.7.5 Furnishings, bedding, and decorations. 33.7.5.1 These requirements are applicable only to new draperies, curtains, upholstered furniture, and mattresses. The term "new" means unused, normally via procurement from the marketplace, either by purchase or donation of items not previously used. If a facility purchases contract furniture, then such new, unused furniture, whether purchased or received as a donation, is regulated by section 33.7.5.2.Exception: If residents are allowed to bring an upholstered furniture item from the residents previous residence into the facility, then such an item is not new and is not regulated.
33.7.5.2.1 New upholstered furniture within board and care homes shall be tested for rates of heat release in accordance with 10.3.3.33.7.5.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms.33.7.5.3 New mattresses within board and care homes shall be tested for rates of heat release in accordance with 10.3.4. Mattresses manufactured and sold within the United States shall pass testing per 16 CFR 1632 (FF4-72), Standard for the flammability of mattresses and mattress pads.33.7.6 Staff. Staff shall be on duty and in the facility at all times when residents are present.Mich. Admin. Code R. 400.18401