Or. Admin. Code § 309-035-0145

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-035-0145 - Safety

(1) The provider shall train all program staff in safety procedures prior to beginning their first regular shift. Every individual must be trained in individual safety procedures as soon as possible within the first 72 hours of residency.

(2) The program shall develop and implement a written procedure and disaster plan authorized by the State Fire Marshal or authorized representative. The plan shall cover such emergencies and disasters as fires, explosions, missing persons, accidents, earthquakes, and floods. The program shall post the plan by the phone and be immediately available to the program administrator and program staff. The plan shall include diagrams of evacuation routes, and these must be posted. The plan shall specify where staff and individuals will reside if the setting becomes uninhabitable. The program shall update the plan and shall include:

(a) Emergency instructions for employees;

(b) The telephone numbers of the local fire department, police department, the poison control center, the administrator, the administrator's designee, and other persons to be contacted in emergencies; and

(c) Instructions for the evacuation of individuals and employees.

(3) Noncombustible and nonhazardous materials shall be used whenever possible. When necessary to the operation of the facility, flammable and combustible liquids and other hazardous materials shall be safely and properly stored in clearly labeled, original containers in areas inaccessible to individuals in accordance with the Fire Code. Any quantities of combustible and hazardous materials maintained shall be the minimum necessary.

(4) Non-toxic cleaning supplies shall be used whenever available. Poisonous and other toxic materials shall be properly labeled and stored in locked areas distinct and apart from all food and medications.

(5) Evacuation capability categories are based upon the ability of the individuals and program staff as a group to evacuate the building or relocate from a point of occupancy to a point of safety. Buildings shall be constructed and equipped according to a designated evacuation capability for occupants. Categories of evacuation capability include "Impractical" (SR-2) or "Slow" (SR-1). The evacuation capability designated for the facility shall be documented and maintained in accordance with NFPA 101A:

(a) Only individuals assessed to be capable of evacuating in accordance with the designated facility evacuation capability shall be admitted to the program; and

(b) Individuals experiencing difficulty with evacuating in a timely manner shall be provided assistance from staff and offered environmental and other accommodations, as practical. Under such circumstances, the program shall consider increasing staff levels, changing staff assignments, offering to change the individual's room assignment, arranging for special equipment, and taking other actions that may assist the individual. The program shall assist individuals who still cannot evacuate the building safely in the allowable period of time and shall assist with transferring to another facility with an evacuation capability designation consistent with the individual's documented evacuation capability.

(6) The program shall ensure that every individual shall participate in an unannounced evacuation drill each month:

(a) At least once every three months, the program shall conduct a drill during individual sleeping hours between 10 p.m. and 6 a.m.;

(b) Drills shall be scheduled at different times of the day and on different days of the week with different locations designated as the origin of the fire for drill purposes;

(c) Any individual failing to evacuate within the established time limits shall be provided with special assistance and a notation made in the individual service record; and

(d) Written evacuation records shall be maintained for at least three years. They shall include documentation made at the time of the drill specifying the date and time of the drill, the location designated as the origin of the fire for drill purposes, the names of all individuals and staff present, the amount of time required to evacuate, notes of any difficulties experienced, and the signature of the staff person conducting the drill.

(7) All stairways, halls, doorways, passageways, and exits from rooms and from the building shall be unobstructed.

(8) The program shall provide and maintain one or more 2A10BC fire extinguishers on each floor in accordance with the Fire Code.

(9) Approved fire alarms and smoke detectors shall be installed according to Building Code and Fire Code requirements. These alarms shall be set off during each evacuation drill. The program shall provide appropriate signal devices for persons with disabilities who do not respond to the standard auditory alarms. All of these devices shall be inspected and maintained in accordance with the requirements of the State Fire Marshal or local agency having jurisdiction.

(10) The program shall install and maintain sprinkler systems compliant with the Building Code and maintained in accordance with rules adopted by the State Fire Marshal. The program shall maintain an automated sprinkler system as follows:

(a) Programs initially licensed prior to July 1, 2016, are not required to install or maintain a sprinkler system if one were not present at the time of initial licensure;

(b) The Division recommends that all programs licensed prior to July 1, 2016, install and maintain sprinkler systems;

(c) Any program initially licensed on or after July 1, 2016, shall have and maintain a sprinkler system.

(11) The Division may not issue any variances addressing sprinkler systems in programs licensed on or after July 1, 2016.

(12) First aid supplies shall be readily accessible to staff. All supplies shall be properly labeled.

(13) Portable heaters are a recognized safety hazard and may not be used.

(14) The provider shall develop and implement a safety program to identify and prevent the occurrence of hazards at the facility. Such hazards may include, but are not limited to, dangerous substances, sharp objects, unprotected electrical outlets, use of extension cords or other special plug-in adapters, slippery floors or stairs, exposed heating devices, broken glass, inadequate water temperatures, overstuffed furniture in smoking areas, unsafe ashtrays and ash disposal, and other potential fire hazards.

Or. Admin. Code § 309-035-0145

MHD 9-1984(Temp), f. & ef. 12-10-84; MHD 9-1985, f. & ef. 6-7-85; MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98; MHD 4-2005, f. & cert. ef. 4-1-05; MHS 4-2008, f. & cert. ef. 6-12-08; MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017

Stat. Auth.: ORS 413.042, 443.450

Stats. Implemented: ORS 413.032, 443.400 - 443.465 & 443.991