460 IAC 10 — ARTICLE 10. FIRE AND LIFE SAFETY STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES AND PERSONS WITH MENTAL ILLNESS

TITLE 460 DIVISION OF DISABILITY, AGING, AND REHABILITATIVE SERVICES

ARTICLE 10. FIRE AND LIFE SAFETY STANDARDS FOR COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES AND PERSONS WITH MENTAL ILLNESS

Rule 1

460 IAC 10-1-1 460 IAC 10-1-1 Applicability

Rule 1. Definitions

460 IAC 10-1-1 Applicability

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 1. The definitions in this rule apply throughout this article.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-1; filed Sep 30, 1991, 1:40 p.m.: 15 IR 103; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-1) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-1) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-2 460 IAC 10-1-2 "Community residential facility" defined

460 IAC 10-1-2 "Community residential facility" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 2. "Community residential facility" means a facility that provides:

(1) residential services for developmentally disabled persons in a supervised group living program as described in IC 12-11-1- 1(b)(1) [IC 12-11-1 was repealed by P.L.272-1999, SECTION 66, effective July 1, 1999.] ; or

(2) residential services for mentally ill individuals in a supervised group living program as described in IC 12-22-2-3(2) [IC 12-22-2-3 was repealed by P.L.143-2011, SECTION 31, effective July 1, 2011.] .

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-2; filed Sep 30, 1991, 1:40 p.m.: 15 IR 103; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1092; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR- 431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1- 2) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-2) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-3 460 IAC 10-1-3 "Developmental disability" defined

460 IAC 10-1-3 "Developmental disability" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 3. "Developmental disability" has the meaning set out in IC 12-7-2-61 [NOTE: IC 12-7-2 is repealed by P.L. 145-2026, SECTION 62, effective July 1, 2026.] .

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-3; filed Sep 30, 1991, 1:40 p.m.: 15 IR 103; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1092; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR- 460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-4) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-3) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-4 460 IAC 10-1-4 "Division" defined

460 IAC 10-1-4 "Division" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 4. "Division" means:

(1) the division of disability, aging, and rehabilitative services when the rule refers to a supervised group living program for developmentally disabled individuals; and

(2) the division of mental health when the rule refers to a supervised group living program for mentally ill individuals.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-4; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR- 460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-4.5) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-4) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-5 460 IAC 10-1-5 "Family" defined

460 IAC 10-1-5 "Family" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 5. "Family" means an individual or two (2) or more persons related by blood or marriage or a group of not more than ten (10) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-5; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910- IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-4.7) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-5) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-6 460 IAC 10-1-6 "Evacuation capability" defined

460 IAC 10-1-6 "Evacuation capability" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 6. "Evacuation capability" means the ability of the occupants, residents, and staff as a group, to evacuate the building. Evacuation capability is classified as follows:

(1) Prompt evacuation capability is equivalent to the capability of the general population when applying the requirements of this article.

(2) Slow evacuation capability is the capability of the group to evacuate the building in a timely manner, with some of the residents requiring assistance from the staff.

(3) Impractical evacuation capability occurs when the group, even with staff assistance, cannot reliably evacuate the building in a timely manner.

The evacuation capability of the residents and staff is a function of both the ability of the residents to evacuate and the assistance provided by the staff. Evacuation capability in all cases is based on the time of day or night when evacuation would be most difficult, i.e., sleeping residents or fewer staff present.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-6; filed Sep 30, 1991, 1:40 p.m.: 15 IR 103; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR- 431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1- 5) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-6) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-7 460 IAC 10-1-7 "Managed care provider" defined

460 IAC 10-1-7 "Managed care provider" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 7. "Managed care provider" has the meaning set out in IC 12-7-2-127(b) [NOTE: IC 12-7-2 is repealed by P.L. 145-2026, SECTION 62, effective July 1, 2026.] .

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-7; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910- IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-5.5) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-7) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-8 460 IAC 10-1-8 "Mental illness" defined

460 IAC 10-1-8 "Mental illness" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 8. "Mental illness" has the meaning set out in IC 12-7-2-130(2) [NOTE: IC 12-7-2 is repealed by P.L. 145-2026, SECTION 62, effective July 1, 2026.] .

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-8; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-6) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-8) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-9 460 IAC 10-1-9 "Resident" defined

460 IAC 10-1-9 "Resident" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 9. "Resident" means an individual who is receiving services from and resides in a community residential facility. This term does not include any staff who may reside in the facility.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-9; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-7) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-9) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-1-10 460 IAC 10-1-10 "Staff" defined

460 IAC 10-1-10 "Staff" defined

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 10. "Staff" means a person who provides personal care services, supervision, or assistance to residents.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-1-10; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-1-8) to the Division of Disability and Rehabilitative Services (460 IAC 10-1-10) by P.L.229-2011, SECTION 154, effective July 1, 2011.

Rule 2

460 IAC 10-2-1 460 IAC 10-2-1 Scope

Rule 2. General Provisions

460 IAC 10-2-1 Scope

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 1. (a) All community residential facilities licensed prior to the effective date of this article shall:

(1) achieve a classification of prompt evacuation capability, as defined in 431 IAC 3.1-1-5(1), for community residential facilities for mentally ill individuals;

(2) achieve a minimum classification of impractical evacuation capability, as defined in 431 IAC 3.1-1-5(3), for community residential facilities for persons with developmental disabilities; and

(3) comply with the Indiana one and two family dwelling code under the provisions of 675 IAC 3 [675 IAC 3 was repealed filed Sep 19, 1985, 9:29 a.m.: 9 IR 284.] , 675 IAC 14, or the rules of the administrative building council, whichever were in effect at the time of the initial licensing.

(b) All community residential facilities licensed after the effective date of this article shall:

(1) achieve a classification of prompt evacuation capability, as defined in 431 IAC 3.1-1-5(1), for community residential facilities for mentally ill individuals;

(2) achieve a minimum classification of impractical evacuation capability, as defined in 431 IAC 3.1-1-5(3), for community residential facilities for persons with developmental disabilities; and

(3) comply with:

(A) the Indiana one and two family dwelling code under the provisions of 675 IAC 14, which is in effect at the time of initial application for licensure with the department; or

(B) the Indiana building rehabilitation standard, 675 IAC 12-8, for the rehabilitation of older structures.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-2-1; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; filed May 19, 1997, 11:30 a.m.: 20 IR 2775; errata filed Sep 3, 1997, 1:10 p.m.: 21 IR 111; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-2-1) to the Division of Disability and Rehabilitative Services (460 IAC 10-2-1) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-2-2 460 IAC 10-2-2 Application

460 IAC 10-2-2 Application

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 2. (a) The level of evacuation capabilities of the residents as a group by the procedures described in Appendix F of the National Fire Protection Association, 101, Life Safety Code, 1985 Edition shall be determined by the following:

(1) For persons with developmental disabilities, the Indiana state department of health.

(2) For persons with mental illness, the division of mental health or the residential provider.

(b) On the basis of this evaluation under subsection (a), a facility shall be classified as one (1) of the following:

(1) Prompt.

(2) Slow.

(3) Impractical.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-2-2; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; filed Dec 19, 1995, 2:45 p.m.: 19 IR 1093; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR- 431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-2- 2) to the Division of Disability and Rehabilitative Services (460 IAC 10-2-2) by P.L.229-2011, SECTION 154, effective July 1, 2011.

Rule 3

460 IAC 10-3-1 460 IAC 10-3-1 Requirements

Rule 3. Safety Requirements

460 IAC 10-3-1 Requirements

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 1. (a) Every closet door latch shall be such that it can be opened from the inside in case of emergency.

(b) Every bathroom door shall be designed to permit the opening of the locked door from the outside in an emergency.

(c) No door in any means of egress shall be locked against egress when the building is occupied.

(d) The administration of the facility shall have a written posted plan for evacuation in case of fire and other emergencies. The administration shall teach the procedures to all staff as a part of their orientation.

(e) Fire exit drills shall be conducted monthly. The shift conducting the drill shall be alternated to include each shift once a quarter. At least two (2) drills each year shall be conducted during sleeping hours.

(f) Where smoking is permitted, noncombustible safety-type ash trays or receptacles, e.g., glass, ceramic, or metal shall be provided.

(g) Fireplace safety requirements shall be as follows:

(1) If the fireplace is used, the chimney flue shall be cleaned annually and a written record of the cleaning retained.

(2) Glass doors, a noncombustible hearth, and grates shall be provided for each fireplace in use.

(3) Ashes from the fireplace shall be disposed of in a noncombustible covered receptacle. The receptacle shall then be placed on the ground and away from any building or combustibles.

(4) Proper fireplace tools shall be provided for each fireplace in use.

(h) A five (5) pound ABC multipurpose type extinguisher, or the equivalent, shall be located on each floor of the facility, including one (1) located in the kitchen.

(i) All sprinkler systems, fire hydrants, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat detectors, and other fire protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired where defective.

(j) All required fire resistive construction shall be properly repaired, restored, or replaced when damaged, altered, breached, penetrated, removed, or improperly installed.

(k) The facility shall be free from fire hazards as defined in 675 IAC 22. All combustible rubbish, oily rags, or waste material, when kept within a building or adjacent to a building, shall be securely stored in metal or metal-lined receptacles equipped with tight fitting covers or in rooms or vaults constructed of noncombustible materials. Dust and grease shall be removed from hoods above stoves and other equipment.

(l) No combustibles shall be stored within three (3) feet of furnaces and water heaters.

(m) No heating appliance shall be located so as to block escape in case of fire arising from malfunctioning of the appliance.

(n) The facility shall not use an unvented heater of any type.

(o) The facility shall not use any type of solid fuel-burning appliance, except fireplaces, which do [sic.] not serve as the primary source of heat.

(p) The facility shall maintain all fuel-burning appliances in a safe operating condition. There shall be an annual inspection by a qualified inspector of all fuel-burning appliances.

(q) The gas and electric shutoffs shall be labeled and easily accessible in case of emergency.

(r) All Class I, II, and III-A flammable liquids as defined in 675 IAC 22, shall be stored in a container listed by an independent laboratory with the maximum quantity not to exceed five (5) gallons.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-3-1; filed Sep 30, 1991, 1:40 p.m.: 15 IR 104; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-3-1) to the Division of Disability and Rehabilitative Services (460 IAC 10-3-1) by P.L.229-2011, SECTION 154, effective July 1, 2011.

460 IAC 10-3-2 460 IAC 10-3-2 Adoption by reference

460 IAC 10-3-2 Adoption by reference

Authority: IC 12-28-4-14

Affected: IC 12-28-4

Sec. 2. (a) Those certain documents being titled the NFPA 101, Appendix F of the Life Safety Code, 1985 Edition, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, and as listed in this article, are hereby adopted by reference, subject to the listed amendments, and made part of this article as if fully set out herein.

(b) Within the standards adopted under subsection (a), the term "authority having jurisdiction" means the department.

(c) Publications referenced within the documents adopted in subsection (a), unless specifically adopted by reference in this article, are deemed to be accepted practice and supplementary to these documents.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 10-3-2; filed Sep 30, 1991, 1:40 p.m.: 15 IR 105; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 3.1-3-2) to the Division of Disability and Rehabilitative Services (460 IAC 10-3-2) by P.L.229-2011, SECTION 154, effective July 1, 2011.