DEPARTMENT OF HEALTH AND HUMAN SERVICES

CHILDREN’S SERVICES AGENCY

DIVISION OF CHILD WELFARE LICENSING

CHILD CARING INSTITUTIONS

(By authority conferred on the director of the department of health and human

services by sections 2, 5, 10, and 14 of 1973 PA 116, MCL 722.112, 722.115,

722.120, and 722.124, and Executive Reorganization Order No. 2015-1, MCL 400.227)

PART 1. GENERAL PROVISIONS

R 400.4101 Definitions.

Rule 101. (1) As used in these rules:

(a) “Accredited college or university” means a college or university recognized by

the United States Department of Education.

(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, known as the child caring

organizations act.

(c) "Case record" means the individual file, including electronic records, kept by an

institution concerning a youth who has been placed at the institution.

(d) “Chemical restraint” means a drug that meets all the following:

(i) Is administered to manage a youth’s behavior.

(ii) Has the temporary effect of restricting the youth’s freedom of movement.

(iii) Is not a standard treatment for the youth’s medical or psychiatric condition.

(e) "Chief administrator" means the person designated by the licensee as having the

onsite day-to-day responsibility for the overall administration of a child caring institution

and for assuring the care, safety, and protection of youth.

(f) “Child caring institution staff member” means an individual who is 18 years or

older, and to whom any of the following apply:

(i) Is employed by a child caring institution for compensation, including adults who

do not work directly with children.

(ii) Is a contract employee or self-employed individual working with a child caring

institution.

(iii) Is an intern, volunteer, or other person who provides specific services under

these rules.

(g) “Corporal punishment” means hitting, paddling, shaking, slapping, spanking, or

any other use of physical force as a means of behavior management.

(h) "Department" means the Michigan department of health and human services.

(i) "Direct care worker" means a person who provides direct care and supervision of

youth in an institution.

(j) “Emergency restraint or safety intervention” means use of personal restraint as

an immediate response to an emergency safety situation.

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(k) “Emergency restraint or safety situation” means the onset of an unanticipated or

severely aggressive behavior that places the youth or others at serious threat of violence

or injury if no immediate intervention occurs.

(l) “Human behavioral science” means a course of study producing a degree from an

accredited college or university that is approved by the department for the specific

positions when required by the act and these rules.

(m) “Juvenile justice youth” means a youth pending adjudication, or has been

adjudicated, under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288,

MCL 712A.2a, or section 1 of chapter IX of The Code of Criminal Procedure, 1927 PA

175, MCL 769.1.

(n) "License" means a license issued by the department to a non-governmentally

operated institution or a certificate of approval issued by the department to a

governmentally operated institution indicating that the institution complies with these

rules.

(o) “Licensee" means the agency, association, corporation, firm, organization,

person, partnership, department, or agency of the state, county, city, or other political

subdivision that has submitted an original application for licensure or approval or has

been issued a license or certificate of approval to operate a child caring institution.

(p) "Licensing authority" means the administrative unit of the entity responsible for

making licensing and approval recommendations for an institution.

(q) “Mechanical restraint” means a device, materials, or equipment attached or

adjacent to the youth’s body that he or she cannot easily remove that restricts freedom of

movement or normal access to one's body. Mechanical restraint does not include the use

of a protective or adaptive device, or a device primarily intended to provide anatomical

support.

(r) "Medication" means prescription and nonprescription medicines administered to

treat a youth’s medical or psychiatric condition.

(s) "Michigan Children’s Institute Superintendent” or “MCI Superintendent” means

the person appointed under 1935 PA 220, MCL 400.201 to 400.214, as the guardian of

permanent state wards committed to it by the court.

(t) “Nonsecure institution” means an institution or facility, or portion thereof, that is

used to house youth and that is not locked against egress.

(u) "Parent" means biological parent, including custodial and non-custodial parent,

adoptive parent, or legal guardian.

(v) “Personal restraint” means the application of physical force, without the use of a

device, that restricts the free movement of a youth’s body. Personal restraint does not

include:

(i) The use of a protective or adaptive device.

(ii) Briefly holding a minor child without undue force in order to calm or comfort

him or her.

(iii) Holding a minor child's hand, wrist, shoulder, or arm to safely escort him or her

from 1 area to another.

(iv) The use of a protective or adaptive device or a device primarily intended to

provide anatomical support.

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(w) “Seclusion” means the involuntary placement of a youth in a room alone, where

the youth is prevented from exiting by any means, including the physical presence of a

staff person if that staff person's presence prevents the youth from exiting the room.

(x) “Seclusion room" means a room or area approved for the involuntary

confinement or retention of a single youth. The door to the room may be equipped with a

security locking device that operates by means of a key or is electrically operated and has

a key override and emergency electrical backup in case of a power failure.

(y) "Secure institution" means any public or private licensed child caring institution

where the movement and activities of residents is restricted and locked against egress

from the building.

(z) “Sexual harassment” means verbal comments or gestures of a sexual nature to a

youth by a staff member, contractor, or volunteer, including demeaning references to

gender, sexually suggestive or derogatory comments about body or clothing, or obscene

language or gestures.

(aa) “Shelter care facility” means an institution that primarily provides short-term

assessment and planning.

(bb) "Social service supervisor" means a person who supervises a social service

worker.

(cc) “Social service worker" means a person who works directly with youth, their

families, and other relevant individuals and who is primarily responsible for the

development, implementation, and review of treatment plans for the youth. This

definition does not prevent a team approach to treatment plan development and

implementation.

(dd) “Terms of license" means those designations noted on an institution's license

for which the institution is authorized or approved.

(2) A term defined in the act has the same meaning when used in these rules unless

otherwise indicated.

History: 1983 AACS; 2015 AACS; 2019 AACS; 2020 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4102 Inspection and approval of institution.

Rule 102. Residents may occupy an institution, including new construction,

additions, and conversions, only after inspection and approval by the licensing authority.

History: 2015 AACS.

R 400.4103 Space and equipment requirements.

Rule 103. An institution shall provide all of the following to assure delivery of

licensed services:

Sufficient resident living space, as set forth in R 400.4510.

Office space.

Equipment to assure delivery of licensed services.

History: 2015 AACS.

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R 400.4104 Rules compliance.

Rule 104. (1) Before being licensed as an institution, an original applicant shall

comply with 1973 PA 116, MCL 722.111 et seq. and the rules for the type of institution

the applicant proposes to operate and for which compliance can be achieved prior to

beginning operation and shall demonstrate intent to comply with those rules for which

compliance can only be demonstrated after the institution has become fully operational.

(2) After being licensed, an institution shall, on an ongoing basis, comply with the

act, child caring institution rules, and terms of the license.

History: 1983 AACS; 2015 AACS.

R 400.4105 Rule variance.

Rule 105. (1) Upon written request of an applicant or licensee, the department may

grant a variance from an administrative rule if there is clear and convincing evidence that

the alternative to the rule complies with the intent of the administrative rule from which a

variance is sought.

(2) The department shall enter its decision, including the qualification under which

the variance is granted, in the records of the department and send a signed copy to the

applicant or licensee. This variance may remain in effect for as long as the licensee

continues to comply with the intent of the rule or may be time limited.

History: 1983 AACS; 2015 AACS.

R 400.4106 Original licensure; application.

Rule 106. An applicant applying for an original license shall provide documentation

of all of the following:

(a) Need for the type of program the institution proposes to provide.

(b) Sufficient financial resources to meet applicable licensing rules following the

issuance of the initial license.

(c) A plan of financial accounting developed in accordance with generally accepted

accounting practices.

History: 1983 AACS; 2015 AACS.

R 400.4107 Deemed status.

Rule 107. (1) The department may accept, for the purpose of determining

compliance with part 1 of these rules, evidence that the child caring institution is

accredited by the council on accreditation or other nationally recognized accrediting body

whose standards closely match state licensing regulations.

(2) The institution may request deemed status when the accreditation site inspection

is less than 12 months old. Both of the following apply:

(a) When accreditation is requested, an institution shall submit a copy of the most

recent accreditation report to the department.

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(b) An institution shall only be eligible for deemed status if the license is on a

regular status.

(3) The acceptance of accreditation in subrule (1) of this rule does not prohibit the

department from conducting on-site investigations or requiring environmental health and

fire safety inspections at intervals determined by the department.

History: 2015 AACS.

R 400.4108 Financing and audit.

Rule 108. A licensee shall do all of the following:

(a) Obtain an annual audit of all financial accounts. Audits for nongovernmental

institutions shall be conducted by an independent certified public accountant who is not

administratively related to the agency.

(b) Annually develop and implement a plan to correct any deficiencies identified.

(c) Demonstrate sufficient financing to assure that proper care of residents is

provided and that licensing rules are followed.

(d) Develop a budget that includes projected income and expenditures.

History: 1983 AACS; 2015 AACS.

R 400.4109 Program statement.

Rule 109. (1) An institution shall have and follow a current written program

statement which specifically addresses all of the following:

(a) The types of children to be admitted for care.

(b) The services provided to residents and parents directly by the institution and the

services provided by outside resources.

(c) Policies and procedures pertaining to admission, care, safety, and supervision,

methods for addressing residents’ needs, implementation of treatment plans, and

discharge of residents.

(2) The program statement shall be made available to residents, parents, and referral

sources.

History: 1983 AACS; 2015 AACS.

R 400.4110 Employees qualified under prior rules.

Rule 110. An employee in a position approved before the effective date of these

rules is deemed to be qualified for that position at the institution. A person appointed to a

position after the date of these rules shall meet the qualifications of these rules for that

position.

History: 2015 AACS.

R 400.4111 Job description.

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Rule 111. An institution shall provide a job description for each staff position that

identifies rules, required qualifications, and lines of authority.

History: 1983 AACS; 2015 AACS.

R 400.4112 Criminal history check, subject to requirements; staff qualifications.

Rule 112. (1) Child caring institutions subject to 42 USC 671 shall not permit a

child caring institution staff member to begin working unless all the following has been

completed using the forms, and in the manner, prescribed by the department:

(a) A criminal record check as referenced in R 400.4113(f), including a fingerprint-

based check of national crime information databases, unless an alternative criminal

history check has been approved by the federal government.

(b) A check of Michigan’s child abuse and neglect central registry or Canadian

provincial agency as referenced in R 400.4113(i).

(c) A check of other states’ child abuse registry that the person has lived in within

the preceding five years.

(2) A person who has unsupervised contact with children shall not have been

convicted of either of the following:

(a) Child abuse or neglect.

(b) A felony involving harm or threatened harm to an individual within the 10 years

immediately preceding the date of hire.

(3) A person who has unsupervised contact with children shall not be a person who

is listed on the central registry as a perpetrator of child abuse or child neglect.

(4) A person with ongoing duties shall have both of the following:

(a) Ability to perform duties of the position assigned.

(b) Experience to perform the duties of the position assigned.

(5) An unsupervised volunteer who performs work, including adults who do not

work directly with children, is subject to the requirements of subrule (1)(a) and (b) of this

rule.

History: 1983 AACS; 2015 AACS; 2019 AACS.

R 400.4113 Employee records.

Rule 113. An institution shall maintain employee records for each employee and

shall include documentation of all of the following information prior to employment or at

the time specified in this rule:

(a) Name.

(b) A true copy of verification of education from an accredited college or university

where minimum education requirements are specified by rule.

(c) Verification of high school diploma or GED when specified by rule.

(d) Work history.

(e) Three dated references which are obtained prior to employment from persons

unrelated to the employee and which are less than 12 months old.

(f) A record of any convictions other than minor traffic violations from either of the

following entities:

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(i) Directly from the Michigan state police or the equivalent state law enforcement

agency, Canadian province, or other country where the person usually resides or has

resided in the previous 5 years.

(ii) From an entity accessing either Michigan state police records or equivalent state,

Canadian provincial, or other country law enforcement agency where the person usually

resides or has resided in the previous 5 years.

(g) If the employee has criminal convictions, the institution shall complete a written

evaluation of the convictions that addresses the nature of the conviction, the length of

time since the conviction, and the relationship of the conviction to regulated activity for

the purpose of determining suitability for employment in the institution.

(h) A statement from the employee regarding any convictions.

(i) Documentation from the Michigan department of human services, the equivalent

state or Canadian provincial agency, or equivalent agency in the country where the

person usually resides, that the person has not been determined to be a perpetrator of

child abuse or child neglect. The documentation shall be completed not more than 30

days prior to the start of employment and every 12 months thereafter.

(j) A written evaluation of the employee's performance within 30 days of the

completion of the probationary period or within 180 days, whichever is less, and a written

evaluation of the employee’s performance annually thereafter.

(k) Verification of health where specified by institution policy.

History: 1983 AACS; 2015 AACS.

R 400.4114 Tuberculosis screening for employees and volunteers.

Rule 114. The licensee shall document, prior to employment, that each employee

and volunteer who has contact with residents 4 or more hours per week for more than 2

consecutive weeks is free from communicable tuberculosis. Freedom from communicable

tuberculosis shall be verified within the 1 year period before employment and shall be

verified every 1 year after the last verification or prior to the expiration of the current

verification.

History: 1983 AACS; 2015 AACS.

R 400.4115 First aid; CPR.

Rule 115. A person certified within the preceding 36 months in first aid and within

the preceding 24 months in age-appropriate cardiopulmonary resuscitation by the

American Red Cross, the American Heart Association, or an equivalent organization or

institution approved by the department shall be on duty at all times when 1 or more

children are present.

History: 2015 AACS.

R 400.4116 Chief administrator; responsibilities.

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Rule 116. (1) An agency shall assign the chief administrator responsibility for the

on-site day-to-day operation of the institution and for ensuring compliance with these

rules.

(2) An institution’s chief administrator shall be administratively responsible

annually for all of the following functions:

(a) Not less than once annually, conduct a written assessment and verify the

agency’s compliance with these rules.

(b) Develop and implement a written plan to correct, within 6 months, rule

violations identified as a result of the assessment conducted pursuant to subdivision (a) of

this subrule.

(c) Conduct a written evaluation of trends and patterns of all unplanned discharges.

History: 1983 AACS; 2015 AACS.

R 400.4117 Chief administrator; qualifications.

Rule 117. (1) A chief administrator, at the time of appointment, shall possess either

of the following:

(a) A master's degree in a human behavioral science, education, business

administration, or public administration from an accredited college or university and 2

years of experience in a child caring institution or child placing agency or equivalent

organization from another state or Canadian province.

(b) A bachelor's degree with a major in education, a human behavioral science,

business administration, or public administration from an accredited college or university

and 4 years of post-bachelor's degree experience in a child caring institution or child

placing agency or equivalent organization from another state or Canadian province.

(2) An organization shall notify the licensing authority of a change of chief

administrator within 30 days of the change.

History: 1983 AACS; 2015 AACS.

R 400.4118 Social service supervisor; qualifications.

Rule 118. A social service supervisor, at the time of appointment to the position,

shall possess either of the following:

(a) A master's degree in a human behavioral science from an accredited college or

university and 2 years of experience as a social service worker.

(b) A bachelor's degree in a human behavioral science or another major with 25% of

the credits in a human behavioral science from an accredited college or university and 4

years of experience as a social service worker.

History: 1983 AACS; 2015 AACS.

R 400.4119 Social service worker; qualifications.

Rule 119. A social service worker, at the time of appointment to the position, shall

possess a bachelor's degree with a major in a human behavioral science from an

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accredited college or university or another major with 25% of credits in human

behavioral sciences.

History: 1983 AACS; 2015 AACS.

R 400.4120 Supervisor of direct care workers; qualifications.

Rule 120. A supervisor of direct care workers shall have 1 of the following:

(a) A bachelor's degree from an accredited college or university and 2 years of work

experience in a child caring institution.

(b) Two years of college from an accredited college or university and 3 years of

work experience in a child caring institution.

(c) A high school diploma and 4 years of work experience in a child caring

institution.

History: 1983 AACS; 2015 AACS.

R 400.4121 Direct care worker; qualifications.

Rule 121. A direct care worker shall have completed high school or obtained a

general equivalency diploma (GED).

History: 1983 AACS; 2015 AACS.

R 400.4122 Resident and parent visitation.

Rule 122. An institution shall provide for visits between each resident and the

resident's parents, unless parental rights have been terminated or the resident's record

contains documentation that visitation is detrimental to the resident.

History: 2015 AACS.

R 400.4123 Education.

Rule 123. (1) An institution shall not admit a child for care unless an appropriate

educational program can be provided.

(2) Provision shall be made for an appropriate education program in accordance with

1976 PA 451, MCL 380.1 to 380.1853. Each resident of school age shall be enrolled not

later than 5 school days after admission and continuously thereafter.

History: 2015 AACS.

R 400.4124 Communication.

Rule 124. An institution shall have and follow a written policy regarding

communication that ensures that a child is able to communicate with family and friends

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in a manner appropriate to the child’s functioning and consistent with the child’s

treatment plan and security level.

History: 2015 AACS.

R 400.4125 Personal possessions; money; clothing; storage space.

Rule 125. (1) A licensee shall have a written policy that designates all of the

following:

(a) The method used to safeguard residents' personal possessions and money.

(b) The method used to accurately account for and return possessions and money to

the resident or guardian upon discharge.

(c) The method for ensuring that each resident has sufficient clean, properly fitting,

seasonal clothing.

(2) The licensee shall provide accessible storage space for personal possessions.

History: 2015 AACS.

R 400.4126 Sufficiency of staff.

Rule 126 The licensee shall have a sufficient number of administrative, supervisory,

social service, direct care, and other staff on duty to perform the prescribed functions

required by these administrative rules and in the agency’s program statement and to

provide for the continual needs, protection, and supervision of residents.

History: 1983 AACS; 2015 AACS.

R 400.4127 Staff-to-resident ratio.

Rule 127. (1) The licensee shall develop and adhere to a written staff-to-resident

ratio formula for direct care workers.

(2) At a minimum, 1 direct care worker shall be responsible for not more than 10

residents at 1 time during residents' normal awake hours and not more than 20 residents

at 1 time during the residents' normal sleeping hours.

(3) The ratio formula for direct care workers shall correspond with the institution's

purpose and the needs of the residents and shall assure the continual safety, protection,

and direct care and supervision of residents.

(4) When residents are asleep or otherwise outside of the direct supervision of staff,

staff shall perform variable interval, eye-on checks of residents. The time between the

variable interval checks shall not exceed fifteen minutes.

History: 1983 AACS; 2015 AACS.

R 400.4128 Initial staff orientation and ongoing staff training.

Rule 128. (1) The licensee shall provide an orientation program for new employees.

Job shadowing shall not be the only form of orientation.

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The orientation shall include the following:

(a) The institution's purpose, policies, and procedures, including discipline, crisis

intervention techniques, and emergency and safety procedures.

(b) The role of the staff members as related to service delivery and protection of the

children.

(2) The licensee shall provide a written plan of ongoing staff training related to

individual job functions and the institution's program.

(3) The licensee shall document that each staff person whose function is covered by

these rules has participated in a minimum of 50 clock hours of planned training within

the first year of employment and a minimum of 25 clock hours of training annually

thereafter related to the employee’s job function. At least 16 of the 50 hours provided in

the first year shall be orientation provided prior to the assumption of duties.

(4) Training opportunities for direct care staff shall include, but are not limited to, all

of the following:

(a) Developmental needs of children.

(b) Child management techniques.

(c) Basic group dynamics.

(d) Appropriate discipline, crisis intervention, and child handling techniques.

(e) The direct care worker's and the social service worker's roles in the institution.

(f) Interpersonal communication.

(g) Proper and safe methods and techniques of restraint and seclusion if the agency

has an approved seclusion room.

(h) First aid.

(5) An employee shall not participate in restraining a resident or placing a resident in

seclusion prior to receiving training on those topics. The training model shall be

approved, in writing, by the department.

History: 1983 AACS; 2015 AACS.

R 400.4129 Institutions serving developmentally disabled youth; written

procedures.

Rule 129. An institution providing care to developmentally disabled residents shall

require staff to follow written procedures for bathing, feeding, toilet training, and daily

activities of residents.

History: 2015 AACS.

R 400.4130 Privacy and confidentiality.

Rule 130. (1) An institution shall assure resident and parent privacy and

confidentiality and shall protect residents from exploitation.

(2) A resident's identity may be disclosed for public purposes or publicity only after

both of the following criteria are met:

(a) The parent has consented.

(b) The resident has consented if the resident is capable of consent.

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History: 1983 AACS.

R 400.4131 Compliance with child protection law; development of plan required.

Rule 131. The licensee shall develop and implement a written plan to assure

compliance with the child protection law, 1975 PA 238, MCL 722.621 to 722.638.

History: 1983 AACS; 2015 AACS.

R 400.4132 Grievance procedures.

Rule 132. (1) An agency shall have and follow a written grievance handling

procedure for residents and their families. All of the following apply:

(a) The policy shall be provided to residents, their families, and referring sources

prior to or at admission.

(b) The policy shall be explained in a language the resident and his or her family can

understand.

(c) There shall be written acknowledgement the policy was provided as required in

subdivision (a) of this subrule.

(2) The procedure shall provide for all of the following:

(a) Safeguarding the legal rights of residents and their families.

(b) Addressing matters that relate to compliance with the act, rules promulgated

under the act, and the agency's written policies and procedures regarding services covered

by these rules.

(c) Delineating the method of initiating the procedure.

(d) Specifying time frames for decisions.

(3) In a secure juvenile justice facility that uses room confinement as a behavioral

sanction, the procedure shall provide for all of the following:

(a) Before the sanction begins, but not later than 24 hours after confinement for

misconduct, an opportunity for the resident to be heard by a trained impartial fact finder

designated by the chief administrator, has no personal knowledge of the incident, and has

the authority to release the resident from confinement.

(b) Staff assistance in preparing and presenting his or her grievance or defense.

(c) A meaningful process of appeal.

(4) An agency shall provide a grievant with a written copy of the grievance

resolution.

History: 1983 AACS; 2015 AACS.

R 400.4133 Institutional care for children under 6 years of age.

Rule 133. A child under 6 years of age shall not remain in an institution for more

than 30 days, unless this stay is documented to be in the best interest of the child.

History: 1983 AACS.

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R 400.4134 Religious/spiritual policy and practices.

Rule 134. (1) The institution shall have and follow a policy on religious/spiritual

participation that contains, at a minimum, both of the following:

(a) A resident shall not be prohibited from participating in religious activities and

services in accordance with the resident's own faith and parental direction as long as the

participation does not conflict with the safety and security of the facility.

(b) A resident shall not be compelled to attend religious services or religious

education nor be disciplined for failing to attend.

(2) The institution shall provide the policy to parents and referral sources prior to or

at admission.

History: 1983 AACS; 2015 AACS.

R 400.4135 Resident work experience.

Rule 135. (1) An institution shall have and follow a written policy regarding work

experiences for residents that specifies, at a minimum, all of the following:

(a) How and when residents are or are not compensated for working.

(b) Means of protection from exploitation.

(c) The types of work experience that residents will engage in.

(2) Work experiences for a resident shall be appropriate to the age, health, and

abilities of the resident.

(3) Residents shall not be permitted to work for staff members’ personal gain and

shall be protected from personal exploitation.

History: 2015 AACS.

R 400.4136 Recreational activities, equipment, and supplies; swimming

restriction.

Rule 136. (1) An institution shall have and follow a written policy regarding

recreational activities, equipment maintenance, appropriate supervision related to age of

youth and developmental level of youth, and training of staff involved in recreational

activities.

(2) Residents shall be provided a variety of indoor and outdoor recreational activities

designed to meet the residents' needs.

(3) An institution shall provide appropriate recreation supplies and equipment.

(4) Swimming shall be permitted only where and when a qualified lifeguard is on

duty and who is not counted in the staffing ratio.

(5) As used in this rule, high adventure activity means a program that requires

specially trained staff or special safety precautions to reduce the possibility of an

accident. If the institution provides high adventure activities, including swimming, the

institution shall have and follow a program statement that covers all of the following:

(a) Activity leader training and certification and experience qualifications

appropriate to the activity.

(b) Specific staff-to-resident ratio appropriate to the activity.

(c) Classifications and limitations for resident participation.

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(d) Arrangement, maintenance, and inspection of the activity area.

(e) Equipment and the biannual inspection and maintenance of the equipment and

the program by a nationally recognized inspection process.

(f) Safety precautions.

(g) High adventure activities shall be conducted by an adult who has training or

experience in conducting the activity.

(6) If institution staff take youth away from the institution for 1 or more overnights,

the institution shall keep a travel plan on file at the institution. The travel plan shall

include an itinerary and pre-established check-in times.

History: 2015 AACS.

R 400.4137 Sleeping rooms.

Rule 137. (1) Residents may be required to remain in their assigned rooms for up to

30 minutes to accommodate staff shift changes.

(2) Residents of the opposite sex, if either is over 5 years of age, shall not sleep in

the same sleeping room.

(3) In new and converted institutions, single occupant sleeping rooms shall not be

less than 70 square feet, exclusive of closet space.

(4) In new and converted institutions, multi-occupant sleeping rooms shall not be

less than 45 square feet per occupant, exclusive of closet space.

(5) In new or converted secure institutions, locked resident sleeping rooms shall be

equipped with a 2-way monitoring device.

(6) In programs that accept children less than 2 years of age, the following safe sleep

conditions shall be followed:

(a) Infants, birth to 12 months of age, shall rest alone in a crib that meets all of the

following conditions:

(i) Has a firm, tight-fitting mattress with a waterproof, washable covering.

(ii) Does not have any loose, missing, or broken hardware or slats.

(iii) Has not more than 2 3/8 inches between slats.

(iv) Has no corner posts over 1/16 inches high.

(v) Has no cutout designs in the headboard or footboard.

(vi) Has a tightly fitted bottom sheet that covers the mattress with no additional

padding placed between the sheet and mattress.

(vii) Blankets shall not be draped over cribs or bassinets.

(vii) Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, and

other objects that could smother a child shall not be placed with or under a resting or

sleeping infant.

An infant’s head shall remain uncovered during sleep.

(c) Infant car seats, infant seats, infant swings, highchairs, playpens, pack-n-play,

waterbeds, adult beds, soft mattresses, sofas, beanbags, or other soft surfaces are not

approved sleeping equipment for children 24 months of age or younger.

(d) Children 24 months or younger who fall asleep in a space that is not approved

for sleeping shall be moved to approved sleeping equipment appropriate for their size.

(e) Children birth to 24 months of age shall sleep alone in a crib or toddler bed that

is appropriate and sufficient for the child’s length, size, and movement.

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An infant shall be placed on his or her back for resting and sleeping.

(g) An infant unable to roll from stomach to back, and from back to stomach, when

found facedown, shall be placed on his or her back.

(h) An infant who can easily turn over from his or her back to his or her stomach

shall initially be placed on his or her back, but allowed to adopt whatever position he or

she prefers for sleep.

(i) For an infant who cannot rest or sleep on his or her back, the institution shall

have written instructions, signed by a physician, detailing an alternative safe sleep

position and/or other special sleeping arrangements for the infant.

(j) The institution shall maintain supervision and frequently monitor infant’s

breathing, sleep position, and bedding for possible signs of distress. Baby monitors shall

not be used exclusively to comply with this subdivision.

History: 1983 AACS; 2015 AACS.

R 400.4138 Bedding and linen.

Rule 138. (1) Each resident shall be provided with an individual bed with a clean

pillow, mattress and sufficient clean blankets.

(2) Each resident shall be provided with clean sheets and a pillowcase at least

weekly and more often if soiled.

(3) All bedding shall be in good repair and shall be cleaned and sanitized before

being used by another person.

History: 1983 AACS; 2015 AACS.

R 400.4139 Driver’s license.

Rule 139. The institution shall document that the driver of any vehicle transporting

residents at the request of or on behalf of the licensee shall be an adult and possess a valid

operator or chauffeur license with endorsement appropriate to the vehicle driven and the

circumstances of its use.

History: 2015 AACS.

R 400.4140 Transportation.

Rule 140. (1) The institution shall have and follow a policy on vehicle maintenance

that ensures vehicles are properly maintained.

(2) All vehicles shall be insured as required by state law.

(3) Each resident transported shall occupy a manufacturer's designated seat. A

resident shall not be transported in any portion of any vehicle not specifically designed by

the manufacturer for passenger transportation.

(4) Infants and children shall use age appropriate child safety seats as required by

state law.

History: 2015 AACS.

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R 400.4141 Safety belts.

Rule 141. The driver and all passengers shall be properly restrained with safety belts

while the vehicle is being operated.

History: 2015 AACS.

R 400.4142 Health services; policies and procedures.

Rule 142. (1) An institution shall establish and follow written health service policies

and procedures addressing all of the following:

(a) Routine and emergency medical, and dental, and behavioral health care.

(b) Health screening procedures.

(c) Documentation of medical care and maintenance of health records.

(d) Storage of medications.

(e) Dispensing medication.

(f) Definition and training of personnel authorized to dispense medications.

(g) Methods for dispensing medication when the resident will be off site.

(2) Resident medications shall be kept in the original pharmacy supplied container

until dispensed, shall be kept with the equipment to administer it in a locked area, and

refrigerated, if required.

History: 1983 AACS; 2015 AACS.

R 400.4143 Medical treatment; supervision.

Rule 143. Medical treatment shall be under the supervision of a licensed physician

or other licensed health professional as permitted by law.

History: 1983 AACS; 2015 AACS.

R 400.4144 Admission health screening; physical examinations.

Rule 144. (1) An initial health screening shall be completed for each resident within

24 hours of admission to a facility.

(2) An institution shall have the following documentation of an admission physical

examination for each resident, unless an earlier examination is medically indicated:

(a) For a resident under 3 years of age, a physical examination shall have been

completed within 90 calendar days prior to admission or a new physical examination

shall be completed within 30 calendar days after admission.

(b) For a resident 3 years of age or older, a physical examination shall have been

completed within 1 year prior to admission or a new physical examination shall be

completed within 30 calendar days after admission.

(3) Sufficient health history information shall be documented for each resident to

assure proper medical care.

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(4) Nothing in the rules adopted under the act shall authorize or require a medical or

physical examination or treatment for any child whose parent objects on religious

grounds. If a parent objects to medical or physical examinations or treatments on

religious grounds, the objection shall be made in writing to the institution and retained in

the resident’s file.

History: 1983 AACS; 2015 AACS.

R 400.4145 Periodic physical examinations.

Rule 145. (1) An institution shall provide and document periodic physical

examination for each resident as follows, unless greater frequency is medically indicated:

(a) At least once every 3 months for residents under 1 year of age.

(b) At least once every 14 months for residents 1 year of age or older.

(2) Nothing in the rules adopted under 1973 PA 116 shall authorize or require a

medical or physical examination or treatment for any child whose parent objects on

religious grounds. If a parent objects to medical or physical examinations or treatments

on religious grounds, the objection shall be made in writing to the institution and retained

in the resident’s file.

History: 1983 AACS; 2015 AACS.

R 400.4146 Immunizations.

Rule 146. (1) A resident shall have current immunizations as required by the

department of community health.

(2) If documentation of immunizations is unavailable, immunizations shall begin

within 30 calendar days of admission, unless a statement from a physician indicating that

immunizations are contraindicated is included in the resident’s record.

(3) A written statement from a physician, referring agency, parent, or guardian

indicating immunizations are current is sufficient documentation of immunizations.

(4) Nothing in the rules adopted under 1973 PA 116 shall authorize or require

immunizations for any child whose parent objects on religious grounds. If a parent

objects to immunizations on religious grounds, the objection shall be made in writing to

the institution and retained in the resident’s file.

History: 1983 AACS; 2015 AACS.

R 400.4147 Dental care.

Rule 147. (1) A licensee shall provide for and document dental examinations and

treatment for each resident 3 years of age and older.

(2) A dental examination within 12 months prior to admission shall be documented

or there shall be an examination not later than 90 calendar days following admission.

(3) Reexamination shall be provided at least every 14 months unless greater

frequency is indicated.

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History: 1983 AACS; 2015 AACS.

R 400.4148 Personal hygiene.

Rule 148. An institution shall assure that each resident maintains or receives

personal care, hygiene, and grooming appropriate to the resident's age, sex, race, cultural

background, and health needs.

History: 1983 AACS; 2015 AACS.

R 400.4149 Resident nutrition.

Rule 149. (1) A licensee shall provide a minimum of 3 nutritious edible meals daily

unless medically contraindicated and documented.

(2) Meals shall be of sufficient quantity to meet the nutritional allowances

recommended by USDA guidelines: (www.healthierus.gov/dietaryguidelines )

(3) A resident who has been prescribed a special diet by a physician shall be

provided such a diet.

(4) Menus, including snacks if provided, shall be written and posted prior to the

serving of the meal. Any change or substitution shall be noted and considered as part of

the original menu. Menus shall be retained for 1 year.

History: 2015 AACS.

R 400.4150 Incident reporting.

Rule 150. (1) Any incident resulting in serious injury of a resident or illness

requiring inpatient hospitalization, shall be reported to the parent/ legal guardian,

responsible referring agency, and the licensing authority as soon as possible, but not more

than 24 hours after the incident.

(2) The death of a resident shall be reported immediately to the parent/legal guardian

or next of kin, law enforcement, the licensing authority, and the referring agency.

(3) If an institution determines that a youth is absent without legal permission, then

the institution shall immediately report the information to law enforcement, the

parent/legal guardian or next of kin, the licensing authority, and the referring agency.

(4) When a resident’s behavior results in contact with law enforcement, the incident

shall be reported to the parent/legal guardian, responsible referring agency, and the

licensing authority as soon as possible, but not more than 24 hours after the incident.

History: 1983 AACS; 2015 AACS.

R 400.4151 Emergency; continuity of operation procedures.

Rule 151. (1) An institution shall establish and follow written emergency procedures

that have been approved by the department that maintain the continuity of operations for

a minimum of 72 hours to assure the safety of residents for the following circumstances:

(a) Fire.

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(b) Severe weather.

(c) Medical emergencies.

(d) Missing persons.

(f) Disasters.

(g) Utility failures.

(2) The procedures shall explain, in detail, all of the following:

(a) Staff roles and responsibilities.

(b) Evacuation procedures.

(c) Required notifications, including but not limited to, the licensing authority, the

referring agency, and law enforcement.

(d) Methods for maintaining continuity of services.

History: 2015 AACS.

R 400.4152 Initial documentation.

Rule 152. At the time of admission, all of the following shall be in the resident's

case record:

(a) Name, address, birth date, sex, gender, race, height, weight, hair color, eye color,

identifying marks, religious preference, and school status.

(b) A photograph taken within the previous 12 months.

(c) A brief description of the resident's preparation for placement and general

physical and emotional state at the time of admission.

(d) Name, address, and marital status of parents and name and address of legal

guardian, if known.

(e) Date of admission and legal status.

(f) Documentation of legal right to provide care.

(g) Authorization to provide medical, dental, and surgical care and treatment as

provided in section 14 a(1), (2), and (3) of 1973 PA 116, MCL 722.124a.

(h) A brief description of the circumstances leading to the need for care.

(i) Documentation that the grievance policy was provided as required in R 400.4132.

History: 1983 AACS; 2015 AACS.

R 400.4153 Shelter care and detention institutions; preliminary service plans.

Rule 153. Within 7 calendar days of admission, a plan shall be developed for each

resident. The plan shall include all of the following:

(a) The reason for care.

(b) An assessment of the resident’s immediate and specific needs.

(c) The specific services to be provided by the institution.

(d) Other resources to meet the resident’s needs.

History: 2015 AACS.

R 400.4154 Shelter care and detention institutions; service plans.

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Rule 154. (1) Within 30 calendar days after admission and every 15 calendar days

thereafter, an institution shall complete a written service plan. The service plan shall

include all of the following:

(a) The reason for continued care.

(b) Evaluation of service needs.

(c) Ongoing service needs.

(d) How service needs will be met.

(e) Unmet service needs and the reasons those needs are unmet.

(2) Copies of the plan shall be maintained at the institution.

History: 2015 AACS.

R 400.4155 Institutions not detention institutions or shelter care institutions;

initial treatment plan.

Rule 155. (1) The social service worker shall complete, sign, and date an initial

treatment plan for each resident within 30 calendar days of admission.

(2) The initial treatment plan developed by the social worker shall document input

from the resident, the resident’s parents, direct care staff, and the referral source, unless

documented as inappropriate.

(3) The initial treatment plan shall include all of the following:

(a) An assessment of the resident’s and family’s strengths and needs.

(b) Plans for parent and child visitation.

(c) Treatment goals to remedy the problems of the resident and family, and time

frames for achieving the goals.

(d) Indicators of goal achievement.

(e) The person responsible for coordinating and implementing the resident and

family treatment goals.

(f) Staff techniques for achieving the resident’s treatment goals, including a specific

behavior management plan. The plan shall be designed to minimize seclusion and

restraint and include a continuum of responses to problem behaviors.

(g) Projected length of stay and next placement.

(h) For youth who are permanent court wards or MCI wards, there must be

documented co-ordination with the agency assigned to complete adoption or permanency

planning for the youth.

(i) For youth 14 years of age and over, a plan to prepare the youth for functional

independence.

(4) The social service worker shall sign and date the initial treatment plan.

(5) The social service supervisor shall approve, countersign, and date the initial

treatment plan.

History: 2015 AACS.

R 400.4156 Institutions not detention institutions or shelter care institutions;

updated treatment plan.

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Rule 156. (1) The social service worker shall complete, sign, and date an updated

treatment plan for each resident at least once every 90-calendar days following the initial

treatment plan.

(2) The updated treatment plan developed by the social worker shall document input

from the resident, the resident's parents, direct care staff, and the referral source, unless

documented as inappropriate.

(3) The updated treatment plan shall include all of the following information:

(a) Dates, persons contacted, type of contact, and place of contact.

(b) Progress made toward achieving the goals established in the previous treatment

plan.

(c) Changes in the treatment plan, including new problems and new goals to remedy

the problems. Indicators of goal achievement and time frames for achievement shall be

specified along with a specific behavior management plan designed to minimize

seclusion and restraint and that includes a continuum of responses to problem behaviors.

(d) For youth who are permanent court wards or MCI wards, there must be

documented co-ordination with the agency assigned to complete adoption or permanency

planning for the youth.

(e) For youth 14 years of age and over, a plan to prepare the youth for functional

independence.

(4) The social service worker shall sign and date the initial treatment plan.

(5) The social service supervisor shall approve, countersign, and date the updated

treatment plan.

History: 2015 AACS.

R 400.4157 Behavior management.

Rule 157. (1) An institution shall establish and follow written policies and

procedures that describe the institution’s behavior management system. The policies and

procedures shall be reviewed annually and updated as needed. These shall be available to

all residents, their families, and referring agencies.

(2) At a minimum, the behavior management system shall include all of the

following:

(a) A structured system designed to reward the positive behavior of individual

residents based upon the effort put forth.

(b) Positive intervention strategies to assist residents in developing improved

problem solving, self-management, and social skills.

(c) Written guidelines for informally resolving minor misbehavior.

(d) Written rules of conduct that specify all of the following:

(i) Expected behavior.

(ii) Acts that are prohibited in the institution.

(iii) The range of interventions that may be imposed for violation of those rules.

(e) Scheduled training for institution personnel in the behavior management system.

(f) A provision for resident input into the proper application of the behavior

management system.

(g) A provision for the distribution of behavior management policies and procedures

to residents, parents, and referral agencies.

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History: 2015 AACS.

R 400.4158 Intervention standards and prohibitions.

Rule 158. (1) A child caring institution shall establish and follow written policies

and procedures that prohibit the following forms of intervention:

(a) Any type of physical punishment including, but not limited to:

(i) Use of chemical agents including, but not limited to, pepper spray, tear gas, and

mace.

(ii) Hitting or striking, throwing, kicking, pulling, or pushing a youth on any part of

their body.

(iii) Threats of restraint, seclusion, punishment, or otherwise suggesting physical or

emotional harm to a youth.

(iv) Verbal abuse including the use of derogatory or discriminatory language

including negative references to a youth’s background or appearance or mental state.

Yelling, threats, ridicule, or humiliation are strictly prohibited.

(v) Peer-on-peer discipline.

(b) Denial of any essential program service as punishment. These include, but are

not limited to, the following:

(i) Food or creating alternative menus.

(ii) Family time or any type of communications with family.

(iii) The opportunity for at least 8 hours of sleep in a 24-hour period.

(iv) Shelter, clothing, medical care, or essential personal needs, including culturally

specific items.

(v) Any actions that inhibit a youth’s ability to achieve permanency.

(2) An agency will provide a list of these prohibited practices to all youth, their

families, and referring agencies upon admission.

History: 2015 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4159 Youth restraint; pregnant youth; reduction, prevention; prohibited

restraints; elimination of restraints.

Rule 159. (1) A child caring institution, including private secure juvenile justice

facilities, shall establish a process improvement and restraint reduction/elimination plan

that:

(a) Includes documentation of each restraint.

(b) Requires staff training in approved crisis prevention and intervention techniques

including:

(i) Prevention, de-escalation techniques, and non-violent responses to assaultive

behavior.

(ii) Conflict management.

(iii) Minimizing trauma.

(iv) Staff emotional self-regulation techniques.

(c) Training must be conducted by certified trainers.

(d) Staff must complete refresher training annually or more frequently as needed.

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(e) The agency must maintain documentation verifying staff training.

(f) The agency will review all restraints at least monthly.

(g) The agency shall establish a restraint reduction committee, including youth and

family representation, for the purpose of analysis, process improvement, communication,

and recognition of efforts to eliminate the use of restraints.

(2) The following restraints are strictly prohibited:

(a) Use of chemical restraints as defined in section 2b of the act, MCL 722.112b.

(b) Use of pressure point control and pain adherence techniques at the facility.

(c) Use of straightjackets, hogtying, and restraint chairs.

(d) Restraining youth to fixed objects, including beds or walls.

(e) Restraining youth in a prone position or any restraint that restricts the youth’s

airway.

(f) Using restraints for punishment, discipline, retaliation, or humiliation.

(g) Peer-on-peer discipline or utilizing the assistance of another youth to implement

a restraint.

(3) For a youth who is pregnant, including a youth who is in labor, delivery, or post-

partum recovery, mechanical restraints are prohibited. In addition, the following

restraints are prohibited for use on pregnant youth:

(a) Abdominal restraints.

(b) Leg and ankle restraints.

(c) Wrist restraints behind the back.

(d) Four or five-point restraints.

(4) Only the least restrictive intervention necessary to prevent immediate harm to the

youth or others may be used and must follow an individualized set of graduated

interventions that avoid the use of restraints.

(5) In the event a restraint occurs, it must be performed in a manner that is safe,

appropriate, and proportionate to the severity of the youth’s behavior, chronological and

developmental age, size, gender, physical condition, medical condition, psychiatric

condition, and personal history, including any history of trauma, and must be done in a

manner consistent with the youth’s treatment plan.

(6) Restraint must not last longer than the minimal duration of time it takes for a

youth to calm down and to restore safety.

(7) Staff must continuously monitor the youth’s breathing and other signs of

physical distress and take appropriate action to ensure adequate respiration, circulation,

and overall well-being.

(8) When an emergency health situation occurs or the youth exhibits sign of physical

distress during the restraint, staff must immediately obtain treatment for the youth.

(9) All restraints for child caring institutions, with the exception of those restraints

allowed in R 400.4160 and R 400.4161, will be prohibited effective November 1, 2022.

History: 2015 AACS; 2020 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4160 Emergency restraint.

Rule 160. The use of emergency restraint as a lifesaving response for a youth will

be limited to:

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(a) An emergency response to protect the youth or others from an unanticipated or

severely aggressive behavior that places the youth or others at serious threat of violence or

injury if no immediate intervention occurs.

(b) When all other interventions in the agency’s crisis prevention and intervention

plan and the youth’s individual safety and calming plan have been utilized but fail to

protect the youth or others from unanticipated or severely aggressive behavior that places

the youth or others at serious threat of violence or injury if no immediate intervention

occurs.

(c) The emergency restraint must not last longer than needed to end the threat of

serious physical harm.

(d) Staff must continuously monitor the youth’s breathing and other signs of

physical distress and take appropriate action to ensure adequate respiration, circulation,

and overall well-being.

(e) When an emergency health situation occurs or the youth exhibits sign of physical

distress during the restraint, staff must immediately obtain treatment for the youth.

History: 1983 AACS; 2015 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4161 Secure juvenile justice facilities, mechanical restraint; policies and

procedures; prohibitions.

Rule 161. (1) Secure juvenile justice facilities must develop and implement written

policies and procedures regarding the use of mechanical restraint in actual practice in

secure detention and residential treatment juvenile justice facilities.

(2) Staff are prohibited from doing the following:

(a) Handcuffing youth together during transportation or restraining youth to a

vehicle.

(b) Leaving sleeping youth in restraints.

(c) Leaving a restrained youth alone.

(3) The only mechanical restraints that staff may use within a facility are handcuffs,

unless circumstances require, and written approval is given by the chief administrator, for

the use of leg shackles, a leg bar, or belly chains or belly belts, or both.

(4) Within the facility or during transportation to or from the facility, staff may use

handcuffs when an assessment has been made that the youth presents a current risk of

escape or serious, recent assaultive behavior has been documented and there are no other

means available to provide for the safety of other youth and staff. In the rare instances

that staff need additional restraints as described in subrule (3) of this rule during

transportation, staff must document specific reasons for the use of any mechanical

restraint other than handcuffs and obtain written approval by the chief administrator.

(5) During secure facility emergencies, such as a lockdown or riot, staff may use

handcuffs and belly chains to prevent serious injury or escape. Staff must remove

handcuffs and other restraints promptly after the youth is placed in his or her room or is

otherwise in a safe place.

(6) In the event a mechanical restraint occurs, it must be performed in a manner that

is safe, appropriate, and proportionate to the severity of the youth’s behavior,

chronological and developmental age, size, gender, physical condition, medical condition,

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psychiatric condition, and personal history, including any history of trauma, and done in a

manner consistent with the youth’s treatment plan.

(7) If a mechanical restraint is used, staff must use the permitted methods of

mechanical restraint and appropriate techniques for use of restraints, and the agency shall

provide guidance to staff in deciding what level of restraint to use if that becomes

necessary.

(8) Restraint may not last longer than the minimal duration of time it takes for a youth

to regain self-control and to restore safety.

(9) Staff must continuously monitor the youth’s breathing and other signs of physical

distress and take appropriate action to ensure adequate respiration, circulation, and overall

well-being.

(10) When an emergency health situation occurs or the youth exhibits sign of physical

distress during the restraint, staff must immediately obtain treatment for the youth.

(11) Written policies and notifications must be posted publicly in visiting areas and

provided in writing, in their entirety, to referral agencies and legal guardians.

History: 1983 AACS; 2015 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4162 Seclusion within secure and nonsecure facilities; seclusion plan;

prohibitions; reduction and elimination.

Rule 162. (1) An agency must establish a process improvement and a seclusion

reduction/elimination plan that addresses the following areas:

(a) Requires staff training in approved crisis prevention and intervention techniques

including:

(i) Prevention, de-escalation techniques, and non-violent response to assaultive

behavior.

(ii) Conflict management.

(iii) Minimizing and addressing trauma for youth and staff.

(b) Training must be conducted by certified trainers.

(c) Staff shall complete refresher training annually or more frequently as needed.

(d) Access to youth support team members.

(e) Review and update the youth’s individual behavioral and calming plan, as needed.

(2) Prior to using seclusion, staff must use less restrictive techniques to de-escalate the

situation such as talking with youth, bringing in other staff or qualified mental health

professionals to assist, or engaging family members or other youth to talk with the youth.

Prior to using seclusion or immediately after placing a youth in seclusion, staff will explain

to the youth the reasons for the seclusion and the fact that he or she will be released upon

regaining self-control.

(3) Seclusion must be performed in a manner that is safe, appropriate, and consistent

with the youth’s chronological and developmental age, size, gender, physical condition,

medical condition, psychiatric condition, and personal history, including history of trauma.

(4) Staff must only use seclusion as a temporary response to prevent life-threatening

injury or serious bodily harm when other interventions are ineffective.

(5) Staff may not use seclusion for discipline, punishment, administrative convenience,

retaliation, staffing shortages, or reasons other than a temporary response to behavior that

threatens immediate harm to a youth or others.

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(6) Staff may not place youth in seclusion for fixed periods of time. Staff must release

the youth from seclusion as soon as the youth has regained self-control and is no longer

engaging in behavior that threatens immediate harm to the youth or others.

(7) During the time that a youth is in seclusion, staff must perform variable interval,

eye-on checks of youth. The time between the variable interval checks must not exceed 15

minutes unless the situation requires continuous observation for the child's safety, including,

but not limited to, youth exhibiting suicidal ideations or performing self-harm.

(8) Youth in seclusion must have reasonable access to water, toilet facilities, and

hygiene supplies.

(9) Staff will keep designated areas used for seclusion clean, appropriately ventilated,

and at comfortable temperatures.

(10) Designated areas used for seclusion must be suicide-resistant and protrusion-free.

(11) All seclusion will be prohibited effective November 1, 2022.

History: 2015 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4163 Health status assessment; notification; debriefing; reporting.

Rule 163. (1) The agency shall develop and implement written procedures for health

status screening, notifications, debriefing, and reporting when a restraint, including an

emergency restraint, or seclusion is used.

(2) Health status screening of the youth will occur immediately after seclusion or

restraint by staff assigned to this screening, as defined in agency policy. If the youth has any

physical complaints or if the screening staff has any concerns, depending on the severity of

the complaint or concerns, the staff will arrange for the youth’s health needs to be met

immediately by any of the following actions:

(a) Consultation with the on-call or onsite nursing staff.

(b) Referral for an off-site health assessment.

(c) Contacting emergency medical services.

(3) Notification must be made to the following individuals in the event of a restraint or

seclusion:

(a) If a restraint or seclusion does not involve injury or medical intervention, or an

injury that does not give rise to a serious injury as defined by section 8 of the child

protection law, 1975 PA 238, MCL 722.628, the following individuals shall be notified

within 12 hours:

(i) The youth’s parent or parents or legal guardian or guardians, including the MCI

Superintendent, if applicable.

(ii) The youth’s child and family caseworker.

(iii) The youth’s attorney or guardian ad litem.

(iv) The youth’s advocate, if applicable.

(v) Any other individual appropriate for notification.

(b) If a restraint or seclusion results in serious injury, the following individuals shall be

notified as soon as possible but no later than 6 hours after the incident:

(i) The youth’s parent or parents or legal guardian or guardians, including the MCI

Superintendent, if applicable.

(ii) The youth’s child and family caseworker.

(iii) The youth’s attorney or guardian ad litem.

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(iv) The youth’s advocate, if applicable.

(v) Any other individual appropriate for notification.

(c) The notification shall include all the following:

(i) The date and time of the restraint or seclusion.

(ii) A brief summary of events that led to the restraint or seclusion.

(iii) The actions taken following the restraint or seclusion, including any medical

services provided.

(iv) A plan for debriefing following the incident, including how the notified individual

will be engaged in the debriefing process.

(4) The agency shall implement a debriefing protocol containing the following

characteristics:

(a) Consistent with trauma-informed principles.

(b) Consistent with the agency’s crisis prevention and intervention processes.

(c) Inclusive of involved youth, caregivers, and staff directly involved in the incident,

as well as supervisors, management, and agency leadership.

(d) Informs ongoing quality improvement in the treatment of the individual youth.

(e) Informs ongoing quality improvement in the agency’s programs, policies, and

practices.

(5) An agency will provide an incident report on a form prescribed by the department

for each incident involving the use of seclusion or restraint. The initial report shall be

submitted to the department within 24 hours of the incident occurring. A final incident

report shall be submitted no later than 72 hours after the incident has occurred.

(6) If mechanical restraint was used, the report must also include the following:

(a) Name of administrator or designee who approved equipment use.

(b) Time of the authorization.

(c) Specific rationale for use.

(d) Time equipment was applied and removed, if different than the time of the overall

incident.

(e) Name of the staff member who applied the equipment.

(f) Name or names of staff member or staff members continuously present with the

youth throughout mechanical restraint use.

(7) The facility administrator shall review the use of restraint and seclusion on a

quarterly basis to ensure that staff only use it as a temporary response to behavior that

threatens immediate harm to the youth or others. Based upon the administrative review, a

process improvement plan shall be implemented to address:

(a) Strategies to prevent use of restraints and seclusions for youth.

(b) Improvements to staff competency in non-physical crisis prevention and

intervention techniques.

(8) The agency’s policies and procedures shall be provided and explained to all youth,

their families, and referring agencies upon admission.

History: 1983 AACS; 2015 AACS; 2022 MR 10, Eff. May 31, 2022.

R 400.4164 Secure facilities serving juvenile justice youth; reintegration.

Rule 164. A secure facility that serves juvenile justice youth may have policies and

procedures used to reintegrate youth who have been placed in seclusion back into the

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program. A facility shall not use reintegration in conjunction with seclusion that has

been used as a sanction for misconduct, if that would extend a resident’s confinement for

more hours than the original sanction or more than 72 total hours. The policy for

reintegration shall include, at a minimum, all of the following:

(a) The room may only be used for the time needed to change the behavior

compelling its use.

(b) When a resident has been in seclusion for more than 2 hours, the reintegration

plan shall be developed at the supervisory level and shall include all of the following:

(i) A clear statement of the out-of-control behavior or risk to others that requires

continued seclusion.

(ii) Target behavioral or therapeutic issues that must be resolved.

(iii) Specific reintegration requirements or behavioral or therapeutic intervention

assignments and goals that must be completed while the resident is in the seclusion room,

listed in writing, and shared with the resident.

(iv) If intermittent removal from the seclusion room is required for the resident to

work on the specific behavioral/therapeutic intervention goals, the level of restriction

from the program and goals for the period of time out of the room must be listed in

writing and shared with the resident.

(v) The strategies staff are to use to aide the resident in resolving the issues requiring

seclusion and reintegrating into the program.

(c) The secure facility serving juvenile justice youth shall comply with R 400.4162.

(d) A reintegration plan shall not last longer than 72 hours.

History: 2015 AACS.

R 400.4165 Secure facilities serving juvenile justice youth; lockdowns.

Rule 165. (1) A secure facility may only use lockdown in situations that threaten

facility security, including but not limited to, riots, taking of hostages, or escape plans

involving multiple residents.

(2) A secure facility serving juvenile justice youth that uses lockdowns in which all

residents are confined to their rooms shall have a written policy that describes the

procedures to be followed and includes all of the following:

(a) Who may order a lockdown.

(b) Who is to implement the lockdown when it has been ordered.

(c) How the problem is to be contained.

(d) Procedures to be followed after the incident is resolved.

(e) Notification of the licensing authority within 24 hours after the occurrence of a

lockdown.

History: 2015 AACS.

R 400.4166 Discharge plan.

Rule 166. (1) When a resident is discharged from institutional care, all of the

following information shall be documented in the case record within 14 days after

discharge:

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(a) The date of and reason for discharge, and the new location of the child.

(b) A brief summary or other documentation of the services provided while in

residence, including medical and dental services.

(c) An assessment of the resident’s needs that remain to be met.

(d) Any services that will be provided by the facility after discharge.

(e) A statement that the discharge plan recommendations, including medical and

dental follow up that is needed, have been reviewed with the resident and with the parent

and with the responsible case manager.

(f) The name and official title of the person to whom the resident was discharged.

(2) For an unplanned discharge, an institution shall provide a brief summary or other

documentation of the circumstances surrounding the discharge.

History: 2015 AACS.

R 400.4167 Case record maintenance.

Rule 167. (1) The institution shall maintain a case record for each resident.

(2) Service plans shall be signed and dated by the social services worker and the

social services supervisor.

(3) Narrative entries in the case record shall be signed and dated by the person

making the entry.

(4) Records shall be maintained in a uniform and organized manner, shall be

protected against destruction and damage, and shall be stored in a manner that safeguards

confidentiality.

(5) Resident records shall be maintained for not less than 7 years after the resident is

discharged.

History: 1983 AACS; 2015 AACS.

R 400.4168 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4169 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4170 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4172 Rescinded.

History: 1983 AACS; 2015 AACS.

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R 400.4173 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4175 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4176 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4177 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4178 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4181 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4182 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4183 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4199 Rescission.

Rule 199. R 400.141 to R 400.160 and R 400.174 to R 400.185 of the Michigan

Administrative Code, appearing on pages 2996 to 3002, 3005, and 3006 of the 1979

Michigan Administrative Code, and pages 306 and 307 of the 1980 Annual Supplement

to the Code, are rescinded.

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History: 1983 AACS.

PART 2. SHORT-TERM INSTITUTIONS

R 400.4201 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4231 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4232 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4234 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4237 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4238 Rescinded.

History: 1983 AACS; 2015 AACS.

PART 3. RESIDENTIAL TREATMENT INSTITUTIONS

R 400.4302 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4331 Rescinded.

History: 1983 AACS; 2015 AACS.

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R 400.4332 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4334 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4335 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4336 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4337 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4338 Rescinded.

History: 1983 AACS; 2015 AACS.

PART 4. ENVIRONMENTAL HEALTH AND SAFETY

R 400.4401 Applicability.

Rule 401. The rules set forth in this part apply to all institution facilities unless

specifically noted otherwise.

History: 1983 AACS.

R 400.4407 Facility and premises maintenance.

Rule 407. (1) A facility and premises shall be maintained in a clean, comfortable,

and safe condition. The facility shall be located on land that is properly drained.

(2) Hazardous areas shall be guarded or posted as appropriate to the age and

capacity of the residents.

(3) The facility, including main and accessory structures, shall be maintained so

as to prevent and eliminate rodent and insect harborage.

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(4) Rooms, exterior walls, doors, skylights, and windows shall be weathertight

and watertight and shall be kept in sound condition and in good repair.

(5) Floors, interior walls, and ceilings shall be sound and in good repair and shall

be maintained in a clean condition.

(6) Plumbing fixtures and water and waste pipes shall be properly installed and

maintained in good working condition.

(7) Water closet compartments, bathroom, and kitchen floors shall be constructed

and maintained so as to be reasonably impervious to water and be composed of a slip

resistant material.

(8) Equipment, including recreation devices, shall be inspected periodically for

defects. Proper maintenance shall be carried out to keep equipment in a safe operating

condition.

(9) Water heaters shall have an operable thermostatic temperature control and a

pressure relief valve.

(10) Stairways, porches, and elevated walkways shall have structurally sound and

safe handrails.

History: 1983 AACS.

R 400.4409 Ventilation.

Rule 409. (1) Except for a basement, each habitable room shall have direct

outside ventilation by means of windows, louvers, air conditioning, or mechanical

ventilation.

(2) During fly season, between May 1 and October 31, each door, window, and

other opening to the outside which is used for ventilation purposes shall be supplied

with standard screens of not less than 16 mesh. Each screen door shall have a self-

closing device in working condition and shall swing outward.

(3) Where windows or louvers are used for ventilation, the total openable area

for each resident-occupied room, other than a bathroom, shall not be less than 3 1/2%

of the floor area of the room.

History: 1983 AACS.

R 400.4411 Natural light.

Rule 411. (1) Every sleeping room occupied by residents shall have natural light

from a source which is equal to not less than 8% of the floor area for that room. A

skylight, louver, glass-blocked panel, or similar light-transmitting device shall not be

counted for more than 50% of the required area in place of conventional windows and

glass doors.

(2) Every habitable room shall have artificial light capable of providing not

less than 20 footcandles of illumination at a height of 3 feet above the floor.

History: 1983 AACS.

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R 400.4414 Water supply.

Rule 414. (1) The water supply for an institution shall comply with the

requirements of the department of public health. Installation of new wells or repairs on

existing wells shall be done by water drilling contractors registered under sections

12701 to 12721 of Act No. 368 of the Public Acts of 1978, as amended, being

SS333.12701 to 333.12721 of the Michigan Compiled Laws.

(2) Each sink, lavatory, bath, shower, drinking fountain, and other water outlet

shall be supplied with safe and potable water which is sufficient in quantity and

pressure to meet the conditions of peak demand. Hot and cold or tempered water shall be

provided in each sink, lavatory, bath, and shower. Hot water temperatures shall not

exceed 120 degrees Fahrenheit at outlets accessible to residents.

(3) Plumbing shall be installed and maintained to prevent cross connections

with the water supply.

History: 1983 AACS.

R 400.4417 Toilet and bathing facilities.

Rule 417. Toilet and bathing facilities shall be provided as follows:

(a) Toilets that allow for individual privacy, unless inconsistent with a toilet training

program or security program.

(b) Bathing and toilet fixtures that are specially equipped if used by the physically

handicapped.

(c) At least 1 toilet, lavatory, and tub or shower, which are easily accessible from

sleeping quarters, for each 8 residents.

History: 1983 AACS.

R 400.4420 Food service facilities, equipment, and procedures.

Rule 420. Facilities, equipment, and procedures used in the preparation, storage, and

service of food shall comply with the applicable provisions of sections 12901 to 12922

of Act No. 368 of the Public Acts of 1978, as amended, being SS333.12901 to

333.12922 of the Michigan Compiled Laws. The facilities, equipment, and procedures

required shall depend on the amount of food service and the type of food service

operation.

History: 1983 AACS.

R 400.4426 Garbage and refuse.

Rule 426. (1) Garbage shall be stored in fly-tight, watertight containers with

tight-fitting covers. A garbage can shall be provided with a waterproof liner or shall be

thoroughly cleaned after each emptying.,

(2) Garbage and refuse shall be removed at intervals of at least once a week.

History: 1983 AACS.

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R 400.4428 Sewage disposal.

Rule 428. Sewage and other water-carried wastes shall be disposed of through a

municipal sewer system where such a system is available. Where a municipal sewer

connection is not available, liquid waste shall be discharged into an approved private

system. The private system shall not create a nuisance or pollute a stream, lake, or other

body of water or contaminate a water supply or bathing place and shall comply

with applicable local health department requirements.

History: 1983 AACS.

R 400.4431 Heating equipment.

Rule 431. (1) Heating equipment shall be capable of maintaining a temperature

of not less than 68 degrees Fahrenheit at a point 4 feet above the floor. An accurate

thermometer shall be provided.

(2) Hot water radiators or steam radiators and pipes or any other heating device

capable of causing a burn shall be effectively shielded.

History: 1983 AACS.

R 400.4435 Swimming beaches and pools.

Rule 435. (1) The water and beach area of a natural swimming area of an institution

shall be free from contamination by garbage, refuse, sewage pollution, and hazardous

foreign or floating materials. A survey or evaluation of the quality of the water at the

swimming area shall be made in accordance with sections 12541 to 12563 of Act No.

368 of the Public Acts of 1978, as amended, being SS333.12541 to 333.12563 of the

Michigan Compiled Laws, and the rules promulgated thereunder.

(2) An institution's artificial swimming pool shall be constructed and maintained in

accordance with sections 12521 to 12534 of Act No. 368 of the Public Acts of 1978, as

amended, being SS333.12521 to 333.12534 of the Michigan Compiled Laws, and the

rules promulgated thereunder.

History: 1983 AACS.

PART 5. FIRE SAFETY FOR SMALL, LARGE, AND SECURE

INSTITUTION FACILITIES

R 400.4501 Definitions.

Rule 501. As used in this part:

(a) "Ambulatory" means a resident who is physically and mentally capable of

traversing a path to safety without the aid of another person. A path to safety includes the

ascent and descent of any stairs or approved means of egress.

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(b) "Approved" means acceptable to the department and fire inspecting authority and

in accordance with these rules. The department makes the final approval based on

recommendations from the fire inspecting authority.

(c) "Basement" means a story of a building or structure having ½ or more of its clear

height below average grade for at least 50% of the perimeter of the story.

(d) "Combustible" means those materials which can ignite and burn.

(e) "Conversion" or "converted" means a change, after the effective date of these

rules, in the use of a facility or portion thereof from some previous use to that of a

licensed or approved institution, or an increase in capacity from a residential group home

to a small facility or an increase in capacity from a small facility to a large facility or a

change to a secure facility. A converted facility shall comply with the provisions of these

rules for fire safety for converted facilities.

(f) "Electric lock" means an electric door lock system operated from a remote

control unit. The system is fail-safe in that all locks are automatically unlocked in the

event of electrical failure. The system is approved by a nationally recognized independent

testing laboratory.

(g) "Escape window" in new construction, remodeled, or converted facilities means

an approved side-hinged window with a minimum net clear opening of 5.7 square feet

with a net clear opening height of 24 inches and width of 20 inches. Grade floor openings

shall have a minimum net clear opening of 5.7 square feet. The window shall be operable

from the inside with a single motion and shall be equipped with non-locking-against-

egress hardware. The window shall be operable without the use of special tools. The sill

height shall not be greater than 36 inches from the floor, unless an approved substantial

permanent ledge or similar device not less than 12 inches wide is provided under the

window, in which case the sill height may be increased to 44 inches from the floor. In an

existing facility, "escape window" means a window acceptable to the fire inspecting

authority.

(h) "Existing facility" means a building, accessory buildings and surrounding

grounds which is licensed or approved by the department as an institution at the time

these rules take effect and which is not unoccupied for more than 90 days. Where an

increase in capacity or change in use affects fire safety requirements, the facility shall

comply with all applicable requirements prior to the increase or change in use.

(i) "Facility" means a building, and surrounding grounds including recreational areas

owned, leased, or primarily rented by a child care organization for use as a small, large,

or secure facility to house and sleep residents. "Facility" includes new, remodeled,

converted, and small, large, secure, and existing facilities. Any portion of a facility not

used by residents and not used as a required means of egress and which is separated from

the rest of the facility by an approved fire barrier, and buildings used by the residents

strictly for up and awake activities do does not need to meet these rules for fire safety.

However, the right of the fire inspecting authority to inspect a nonuse area for hazardous

use, or any building on the grounds that is used by the residents strictly for up and awake

activities, is retained and directives relative to fire safety of the nonuse such area or

building may be issued to assure the fire safety of the those use areas.

(j) "Fire alarm device" means an approved device capable of sounding an alarm. A

fire alarm shall be specifically designated as such and shall not be used for any purpose

other than sounding an alarm of fire or other emergency or for fire drills. The device shall

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be loud enough to be heard throughout the facility under normal conditions. A device

may be a bell, a horn, a whistle, or any other device acceptable to the fire inspecting

authority.

(k) "Fire alarm system" means an approved electrical closed circuit, self-supervised

local system for sounding an alarm. The system is comprised of a panel, pull stations, and

audible electric signal devices.

(l) "Fire resistance rating" means the time in hours or fractions thereof that materials

or their assemblies will resist fire exposure as determined by fire tests established and

conducted by approved testing laboratories.

(m) "Hazardous area" means those parts of a facility housing a flame-producing

heating plant, incinerators, water heater, and kitchens and areas where combustible

materials, flammable liquids, or gases are used or stored.

(n) "Large facility" means a building used to house more than 15 residents.

(o) "Means of egress and exit" means an unobstructed way of departure from any

point in a building to safe open air outside at grade.

(p) "Newly constructed," "new construction," or "new facility" means a new

structure or new addition to a facility after the effective date of these rules.

(q) "Non-ambulatory" means a resident, including a resident confined to a

wheelchair, who is physically or mentally incapable of traversing a path to safety without

the aid of another person. A path to safety includes the ascent and descent of any stairs or

other approved means of egress from the building.

(r) "Remodeled" means changes in a facility that modify existing conditions and

includes renovation and changes in the fire alarms, sprinkler systems, and hood

suppression systems. Remodeled and affected areas of a child caring institution shall

conform to the provisions of these rules for fire safety for remodeled and converted

facilities. Unaffected areas of a facility are not required to conform to the required

provisions for remodeled and converted facilities.

(s) "Secure facility" means a building used as a detention facility or a secure child

caring institution. The building or portions of the building are used to keep residents in

custody. Outside doors or individual sleeping rooms usually have locks which are secure

from the inside. The locks are used in the usual course of operation. A secure facility

shall meet the requirements for a large facility, regardless of the number of residents. A

facility with an approved seclusion room is not a secure facility solely by virtue of having

a seclusion room.

(t) "Small facility" means a building which houses at least 7 or more than 15

residents and which is not a secure facility.

(u) "Street floor" means the lowest story of a facility which is not a basement.

(v) "Story" means that part of a building between a floor and the floor or roof next

above.

(w) "Substantially remodeled" means changes in a facility that result in the exposure

or addition of structural joists or studs.

(x) "Wire glass" means glass which is not less than 1/4 inch thick; which is

reinforced with wire mesh, No. 24 gauge or heavier with spacing not greater than 1

square inch; and which is installed in steel frames or, when approved, installed in wood

frames or stops of hardwood material not less than 3/4 inch actual dimension and not

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more than 1,296 square inches per frame with no single dimension more than 54 inches in

length.

History: 1983 AACS; 2015 AACS.

R 400.4502 Applicability.

Rule 502. The rules in this part apply to all newly constructed, remodeled,

converted, and existing facilities of an institution as indicated.

History: 1983 AACS; 2015 AACS.

R 400.4504 Adoption by reference.

Rule 504. The department adopts the following fire safety codes and standards.

These codes and standards are available for inspection and distribution to the public at

cost at the Department of Human Services, 201 N. Washington Square, PO Box 30650,

Lansing, Michigan 48909. Copies of the codes and standards may also be obtained from

the appropriate agency, organization, or association listed below.

(a) Standard E-84-07, "Standard Tests Method for Surface Burning Characteristics

of Building Materials," 2014, American Society for Testing and Materials, 100 Bar

Harbor Dr., West Conshohocken, PA 19428-2959, $69.00.

(b) Standard No. 13, "Standard for the Installation of Sprinkler Systems," 2013,

National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts

02269-9101, $95.00.

(c) Standard No. 22, "Standard for Water Tanks for Private Fire Protection," 2013,

National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269

-9101, $46.50.

(d) Standard No. 70, "National Electric Code," 2014, National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269(-9101,) $89.50.

(e) Standard No. 72 “National Fire Alarm Code”, 2013, National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $80.10.

(f) Standard No. 80, “Standard for Fire Doors and Other Opening Protectives,”

2013, National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts

02269-9101, $46.50.

(g) Standard No. 82, "Standard on Incinerator and Waste and Linen Handling

Systems and Equipment, Rubbish Handling," 2014, National Fire Protection Association,

1 Batterymarch Park, Quincy, Massachusetts 02269 (9101,) $42.00.

(h) Standard No. 90A, "Installation of Air Conditioning and Ventilating Systems,"

2015, National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts

02269 (9101,) $45.00.

(i) Standard No. 96, "Standard for Ventilation Control and Fire Protection of

Commercial Cooking Operations” 2014, National Fire Protection Association, 1

Batterymarch Park, Quincy, Massachusetts 02269 – (9101,) $42.00.

(j) Standard No. 220, "Standard on Types of Building Construction," 2015, National

Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269 - (9101,)

$36.50.

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(k) Standard No. 255, "Standard Method of Test of Surface Burning Characteristics

of Building Materials," 2006, National Fire Protection Association, 1 Batterymarch Park,

Quincy, Massachusetts 02269 (9101,) $36.50.

(l) Standard 723, "Test for Surface Burning Characteristics of Building Materials”

2008, Underwriters Laboratories, Inc., 1414 Brook Dr., Downers Grove, Ill. 60513,

$631.00.

(m) "Life Safety Code 101," 2015, National Fire Protection Association,

Batterymarch Park, Quincy, Massachusetts 02269, 93.00.

(n) Standard E-1590 13, “Standard Method for Fire Testing of Mattresses”

American Society for Testing and Materials, 100 Bar Harbor Dr., West Conshohocken,

PA 19428-2959, $48.00.

(o) Standard No. 10, “Standard for Portable Fire Extinguishers”, 2013 National Fire

Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109,

$46.50.

(p) Standard No. 25, “Standard for the Inspection, Testing, and Maintenance of

Water-Based Fire Protection Systems”, 2014, National Fire Protection Association, 1

Batterymarch Park, Quincy, Massachusetts 02269-9101, $54.50.

(q) Standard No. 252, “Standard Methods of Fire Tests of Door Assemblies”, 2012,

National Fire Protection Association, 1 Batterymarch Park, Quincy Massachusetts 02269-

9101, $36.50.

(r) Standard No. 257, “Standard on Fire Test for Window and Glass Block

Assemblies”, 2012, National Fire Protection Association, 1 Batterymarch Park, Quincy,

Massachusetts 02269-9101, $36.50.

(s) Standard No. 261, “Standard Method of Test for Determining Resistance of

Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering

Cigarettes”, 2013 National Fire Protection Association, 1 Batterymarch Park, Quincy,

Massachusetts 02269-9109, $36.50.

(t) Standard No. 701 entitled “Standard Methods of Fire Tests for Flame

Propagation of Textiles and Films,” 2010 National Fire Protection Association, 1

Batterymarch Park, Quincy, Massachusetts 02269-9109, $36.50.

History: 1983 AACS; 2015 AACS.

R 400.4505 Plans and specifications.

Rule 505. (1) Plans and specifications shall be submitted to the bureau of fire

services for review and approval prior to any remodeling in an institution, or the

construction or conversion of a structure for use as an institution.

(2) The plans shall comply with all of the following provisions:

(a) Show layout, room arrangements, construction materials to be used, and the

location, size, and type of fixed equipment.

(b) For additions, show those portions, including existing exits, types of

construction, and room occupancies, which may be affected by the addition.

(c) Be approved in writing by the bureau of fire services before construction begins.

(d) Bear the seal of a registered architect or engineer when the cost of the project,

including labor and materials, exceeds $15,000.

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History: 2015 AACS.

R 400.4506 Fire drills and telephone.

Rule 506. (1) There shall be quarterly emergency fire drills for each staff shift.

Two of the drills shall include evacuations, unless approved by the department, in

writing, as clinically contraindicated. Where a facility has a 24-hour staff shift, the

emergency drills shall be conducted at different times of the day and night. Written

records shall be maintained for each drill indicating the date and time of the drill and,

where evacuation was a part of the drill, the approximate evacuation time.

(2) A telephone or other suitable means of communicating an alarm of fire to the

fire department shall be provided. Pay stations are not a suitable means of

communicating alarms. The telephone number of the fire department shall be posted

conspicuously by all phones designated for outside service.

History: 1983 AACS.

R 400.4508 Facility location.

Rule 508. A new or converted facility shall not be established within 300 feet of

an aboveground storage tank containing flammable liquids used in connection with a

bulk plant, marine terminal, aircraft refueling or bottling plant of a liquified petroleum

gas installation, or other similar hazard.

History: 1983 AACS.

R 400.4510 Sleeping rooms.

Rule 510. (1) In new construction, remodeled or converted facilities, single sleeping

rooms shall not be less than 70 square feet in size, exclusive of closet space. Multi-

resident sleeping rooms shall not be less than 50 square feet per resident, exclusive of

closet space.

(2) In new construction, remodeled or converted facilities, locked resident sleeping

rooms shall be equipped with 2-way monitoring devices.

(3) All facilities with sleeping rooms above the second floor shall comply with the

requirements of a secure facility, with the exception of R 400.4522(c).

(4) A facility shall not use a basement as a sleeping room.

History: 1983 AACS; 2015 AACS.

R 400.4512 Combustible materials, decorations, furnishings, and bedding.

Rule 512. (1) A resident-occupied facility shall be kept free of all accumulation of

combustible materials unnecessary for the immediate operation of the institution, unless

materials are within an approved storage room.

(2) Easily ignited or rapidly burning combustible decorations are not permitted in a

facility. Personal artwork and personal decorations made or owned by residents are

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permitted up to 20% of wall space in each room or use areas other than means of egress

and hazardous areas if they have been treated with fire retardant materials approved by

Underwriter’s Laboratory.

(3) Newly introduced upholstered furniture shall be tested in accordance and comply

with the provisions of NFPA-261 unless located in an area having approved automatic

sprinkler protection.

(4) Newly introduced mattresses shall be tested in accordance with ASTM E 1590

unless located in an area having approved automatic sprinkler protection.

History: 1983 AACS; 2015 AACS.

R 400.4513 Rescinded.

History: 1983 AACS; 2015 AACS.

R 400.4515 Electrical installations.

Rule 515. (1) In a newly constructed, converted, or remodeled facility, the electrical

wiring and equipment shall be installed in accordance with the provisions of the national

fire protection association standard No. 70, entitled "National Electrical Code," 2014. A

final electrical certificate of approval for the electrical installation shall be obtained from

a qualified local electrical inspecting authority or state electrical inspecting authority.

(2) In an existing facility, electrical wiring and equipment acceptable at the time

these rules take effect shall continue to be approved until the facility or portion thereof is

remodeled or converted. When an existing facility or portion thereof is remodeled or

converted, only that portion remodeled or converted need comply with subrule (1) of this

rule. Electrical services shall be maintained in a safe condition. When conditions indicate

a need for inspection, the electrical services shall be inspected by a licensed electrical

inspection service. A copy of the inspection report shall be maintained at the facility for

review. Any areas cited in the report shall be corrected and a new electrical system

inspection shall be obtained verifying that corrections have been made.

History: 1983 AACS; 2015 AACS.

R 400.4517 Facility construction.

Rule 517. (1) A new, substantially remodeled or converted large or secure facility

shall be 1 of the following types of construction as specified in the national fire

protection association standard No. 220, entitled "Standard on Types of Building

Construction, 2015:”

(a) Type I 442 or 332 or type II 222.

(b) Type II 111, type III 211, type IV 2HH.

(c) Type II 000, type III 200, or type V 000 up to 2 stories.

(2) New, converted, and substantially remodeled small facilities shall be at least

frame construction and shall be fire-stopped at all wall and floor junctures and all wall

and ceiling junctures with not less than 2-inch nominal lumber.

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(3) Construction in existing licensed facilities that was approved before these rules

take effect and which meets the construction requirements of the fire safety guidelines

these rules supersede shall continue to be approved until the facility is substantially

remodeled or converted. When an existing facility is substantially remodeled or added to,

only the portion of the facility being substantially remodeled or added need comply with

subrule (1) or (2) of this rule and R 400.4522, as appropriate.

History: 1983 AACS; 2015 AACS.

R 400.4520 Interior finish.

Rule 520. (1) The following alphabetical classification of finished materials for

flame spread and smoke development, as determined by the tunnel test in accordance

with the national fire protection association, standard No. 255, 2006; American society of

testing materials E-84-07, 2014, or underwriters laboratories standard No. 723, 2008,

shall be used to determine interior finishes:

Class Flame Spread

Smoke Developed

0 – 450

51 – 450

A

B

C

0 - 25

26 – 75

76 - 200

126 – 450

The same alphabetical classification is also used for combustibility of prefabricated

acoustical tile units, only under federal test number SS-5-118a.

(2) Interior finish includes the plaster, wood, or other interior finish materials of

walls; partitions, fixed or movable; ceiling; and other exposed interior surfaces of the

facility, other than nominal wood trim.

(3) The classification of interior finish materials as to their flame spread and smoke

development shall be that of the basic material used, without regard to subsequently

applied paint or other coverings, except where such paint or other covering is of such a

character or thickness where applied so as to affect the material classification. Finishes

such as lacquer, polyurethane-based materials, or unapproved wall coverings shall not be

used.

(4) In a new constructed, remodeled, or converted facility, an interior finish

classification shall be that of the basic material used, without regard to subsequently

applied paint or other covering in an attempt to meet the classification.

(5) Interior finish materials in facilities shall be as follows:

(a) In small and large open facilities without a sprinkler system, class A or B in exit

ways and class A in seclusion rooms. In all other areas, at least class C.

(b) In open facilities with a sprinkler system, at least class C throughout, except in a

seclusion room.

(c) In secure facilities, class A throughout regardless of automatic sprinkler

protection.

History: 1983 AACS; 2015 AACS.

R 400.4522 Fire protection.

Rule 522. Fire protection shall be provided in all facilities as follows:

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(a) In an existing licensed small facility, an attendant who is awake, fully dressed,

and on duty 24 hours a day; complete sprinkler protection; or compliance with R

400.4523.

(b) In an existing licensed large facility, an attendant who is awake, fully dressed,

and on duty 24 hours a day; complete sprinkler protection; or compliance with R

400.4524.

(c) In a secure facility, an attendant who is awake, fully dressed, and on duty 24

hours a day.

(d) In newly constructed facilities, conversions and additions shall be provided with

automatic sprinkler protection in accordance with national fire protection pamphlet 13.

History: 1983 AACS; 2015 AACS.

R 400.4523 Fire detection; small facilities.

Rule 523. (1) An existing licensed small facility electing to provide fire protection

by fire detection shall be protected throughout by approved fire detection provided by at

least battery-operated ionization fire detection devices installed in every sleeping room

and all areas, except kitchen and bathrooms. The fire detection devices shall comply with

all of the following requirements:

(a) Be listed and labeled by an independent, nationally recognized testing laboratory.

(b) Be installed and maintained in accordance with the manufacturer's and test

specifications.

(c) Be cleaned and tested at least quarterly, with a written record maintained of the

cleaning and testing.

(d) Be of a type that provides a signal when batteries are not providing sufficient

power and when batteries are missing.

(2) Any battery-operated device required by subrule (1) of this rule which signals

power is low or a battery is missing shall be immediately serviced and restored to full

power. There shall be not less than a 10% supply of extra batteries maintained at the

facility at all times for the total number of battery-operated devices in the facility.

(3) In small facilities, licensed prior to November 30, 1983, previously approved fire

detection systems shall continue to be approved until the facility or portion thereof is

remodeled or converted, then fire detection shall be at least as required by this rule for

newly constructed, remodeled, or converted facilities in that portion of the facility

remodeled or converted.

(4) Fire detection systems in existing licensed facilities shall be maintained in proper

working order and shall be tested at least quarterly, with a written record maintained of

the testing.

(5) All newly licensed small facilities shall be protected with a minimum 110 volt

interconnected smoke detectors with battery backup.

History: 1983 AACS; 2015 AACS.

R 400.4524 Fire detection; large facilities.

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Rule 524. (1) An existing licensed large facility electing to provide fire protection by

fire detection shall be equipped with a 100% coverage fire detection system which is

tested and listed by a nationally recognized, independent testing laboratory and which is

installed in compliance with the national fire protection association standard No. 72,

entitled “National Fire Alarm Code”, 2013 and these rules except that the installing of

wiring and equipment shall comply with national fire protection association standard No.

70, entitled "National Electric Code," 2014.

(2) In an existing licensed large facility, the main power supply source for an

automatic fire detection system shall be from an electric utility company and shall be on a

separate circuit with an identified and locked circuit breaker. A secondary power supply

shall be provided which, in the event of the main power supply failure, will maintain the

system in an operative condition for 24 hours and, in the event of a fire, will sound the

alarm signaling units for a 5-minute period.

(3) In an existing licensed large facility, where an automatic fire detection system is

required, the detection devices shall comply with both of the following provisions:

(a) Be installed in all areas; that is, all rooms, lofts, closets, stairways, corridors,

basements, attics, and like areas. Spacing of detection devices shall be as recommended

by the manufacturer to provide complete coverage. Small bathrooms containing a single

water closet and lavatory, small closets which are not more than 20 square feet, and

similar spaces are exempted from this requirement.

(b) Be smoke detectors, except that heat detectors may be installed in attics,

kitchens, bathrooms, attached garages, and heating plant rooms instead of smoke

detectors. Heat detectors shall be the fixed temperature rate of rise type.

(4) In a new, remodeled, or converted large facility, an automatic fire detection

system shall be an electrical, closed circuit, self-supervised system which gives a

distinctive signal in a staff-occupied area when trouble occurs in the system, including

loss of the main power supply and shall be in compliance with NFPA 72.

(5) In a new, remodeled, or converted large facility, complete final plans and

specifications of the automatic fire detection or alarm system, where such a system is to

be installed, shall be submitted to the department and approved prior to installation. The

plan shall show facility floor plans and locations and types of detection devices,

pull-stations, and sounding units. Newly required systems shall have a panel or

annunciator located in an area regularly occupied by staff.

(6) In large facilities, licensed prior to November 30, 1983, fire detection systems

shall continue to be approved until the facility is converted or a portion thereof is

remodeled, then the portion of the facility remodeled or converted shall meet the

appropriate requirements of this rule. Where the required new system cannot be added to

the existing systems maintaining a single signaling alarm system, the total system shall be

replaced and shall comply with this rule for remodeled and converted facilities.

(7) Automatic fire detection systems, fire alarm systems, and fire detection devices

shall be maintained in proper working condition. When problems occur, they shall be

immediately remedied. When the system is rendered inoperable, staff shall be awake and

on duty until the system is again operable.

(8) Fire alarm systems shall be tested and maintained on an annual basis in

accordance with NFPA 72. Smoke detector calibration shall be done as recommended.

The licensee shall keep a record of fire alarm maintenance.

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History: 1983 AACS; 2015 AACS.

R 400.4527 Sprinkler systems.

Rule 527. (1) A sprinkler system in a new or converted facility or an addition, shall

comply with the 2013 national fire protection association pamphlet No. 13, entitled

"Standard for the Installation of Sprinkler Systems." Where there is no adequate water

from a community water system to supply a sprinkler system and where the area to be

protected does not exceed 20,000 square feet, a special pressure tank supply for

sprinklers, as specified in the 2013 edition of national fire protection association standard

No. 22, entitled "Standard for Water Tanks for Private Fire Protection," shall be

provided.

(2) All required sprinkler systems shall be inspected and tested and all other

maintenance performed as specified in the 2014 national fire protection association

standard No. 25 entitled “Standard for the Inspection, Testing , and Maintenance of

Water-Based Fire Protection Systems” at least once a year by a sprinkler contractor. The

licensee shall maintain documentation of the last inspection and test.

(3) A sprinkler system in an existing facility approved before these rules take effect

shall continue to be approved until the facility or portion thereof is remodeled, converted,

or expanded. The system shall be maintained in accordance with the standards applicable

at the time it was originally approved.

(4) When an existing facility is remodeled, converted, expanded or modified which

results in the existing sprinkler system not providing adequate protection, fire protection

shall be provided by extension of the current system where it is possible to extend the

system and maintain its integrity or a new sprinkler system shall be installed in the

affected area.

(5) The sprinkler piping for any isolated hazardous area which can be adequately

protected by not more than 2 sprinklers may be connected directly to the domestic water

system at a point where a minimum 1-inch supply is available. An approved automatic

sprinkler control valve and check valve which is locked shall be installed between the

sprinklers and the connection to the domestic water supply.

History: 1983 AACS; 2015 AACS.

R 400.4532 Fire extinguishers.

Rule 532. (1) All required fire extinguishers shall be subjected to a maintenance

check at least once a year. Each fire extinguisher shall have a tag or label attached

indicating the month and year maintenance was performed and identifying the person or

company performing the service, as specified by NFPA Standard 10.

(2) All required extinguishers shall be recharged after use.

(3) A minimum of 1 approved fire extinguisher shall be provided on each floor and

in or immediately adjacent to kitchens, rooms housing combustion-type heating devices,

and incinerators. Additional fire extinguishers may be required at the discretion of the fire

safety inspector to assure that it is not necessary to travel more than 75 feet to a fire

extinguisher.

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(4) All fire extinguishers shall be located not less than 4 inches off the floor and the

top of the extinguisher shall not be higher than 5 feet off the floor in a special cabinet or

on a wall rack which is easily accessible at all times, unless programmatically

contraindicated. Where programmatically contraindicated, the required extinguishers may

be kept behind locked doors if both of the following conditions are met:

(a) The locations are clearly labeled "Fire Extinguisher."

(b) All staff carry keys to the doors.

(5) In new, remodeled, or converted facilities, a fire extinguisher shall be at least

type 2-A-10BC.

(6) In existing small facilities, previously approved fire extinguishers other than type

2-A-10BC will continue to be approved if they are maintained in the area for which

approved.

History: 1983 AACS; 2015 AACS.

R 400.4535 Fire alarm.

Rule 535. (1) All new and converted large and secure facilities shall have a fire

alarm with fire alarm pull-stations at each exit on each floor unless otherwise permitted

by the following:

(a) Manual fire alarm boxes may be locked, provided that staff is present within the

area when it is occupied and all staff have keys readily available to unlock the boxes.

(b) Manual fire alarm boxes may be permitted in a secure staff location, provided

that both of the following criteria are met:

(i) The staff location is attended when the building is occupied.

(ii) The staff attendant has direct supervision of the sleeping area.

(2) Fire alarm systems shall be installed and in compliance with NFPA-72.

(3) All new and converted small facilities with resident sleeping on only 1 floor shall

have at least a fire alarm device. All new and converted small facilities with sleeping on

more than 1 floor shall have a fire alarm system with at least 1 pull-station on each level.

(4) Fire alarm systems and devices in existing facilities shall be maintained in proper

working order and shall continue to be approved until the facility is remodeled or

converted.

History: 1983 AACS; 2015 AACS.

R 400.4538 Means of egress.

Rule 538. (1) Means of egress shall be considered the entire way and method of

passage to free and safe ground outside a facility. All required means of egress shall be

maintained in an unobstructed, easily traveled condition at all times.

(2) In an existing facility, each resident-occupied room shall have access to not less

than 2 independent, properly separated, approved means of egress or have a doorway

leading directly to the outside at grade.

(3) In existing licensed multistory secure and large facilities, at least 1 means of

egress from each floor shall be direct to the outside or shall be through an enclosed

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stairway which is properly separated from exposure from floors below and which exits

direct to the outside at grade or a previously approved escape window.

(4) In a small facility where ambulatory residents use a floor above the street level, 1

of the 2 required means of egress may be an approved escape window from each

resident-occupied room which provides direct access to the ground and which has a sill

height not more than 5 feet above the ground below or which provides access to an

approved fire escape.

(5) In a newly constructed, remodeled, or converted facility, each resident-occupied

story, including a resident-occupied basement, shall have not less than 2 independent

approved means of egress separated by not less than 50% of the longest dimension of the

story. All child-occupied rooms shall be situated between two approved exits unless the

child-occupied room has an exit leading directly to the outside at grade. One adjacent

intervening room shall be permitted between a sleeping room and an approved exit access

corridor that leads to two approved exits in opposite or perpendicular directions.

(6) In a newly constructed, remodeled, or converted large or secure facility,

additional means of egress, in addition to the minimum of 2 required from each story, are

required if the maximum possible occupancy exceeds 100 residents per story. There shall

be at least 1 additional means of egress for each 100 additional residents per story. Means

of egress shall be of such number and so arranged that it is not necessary to travel more

than 100 feet from the door of a resident-occupied room to reach the nearest approved

protected exit-way from that story.

(7) An elevator shall not be approved as a required means of egress.

(8) A means of egress shall not be used for the housing of residents or storage of any

kind and shall not be obstructed or hidden from view by ornamentation, curtains, or other

appurtenances.

(9) Each required means of egress from floors where non-ambulatory residents are

permitted shall discharge at grade or shall be equipped with a ramp which terminates at

grade level. Ramps shall not exceed 1 foot of rise in 12 feet of run and shall have sturdy

handrails. Once at grade, there shall be a surface sufficient to permit occupants to move a

safe distance from the facility.

(10) In a small facility housing 1 or more non-ambulatory or wheelchair residents,

required exit-ways forming part of a required means of egress from portions of the

facility housing such residents shall be not less than 48 inches wide in a new facility and

not less than 44 inches wide in a converted facility, with doors a minimum of 36 inches

wide.

History: 1983 AACS; 2015 AACS.

R 400.4540 Stairways, halls, and corridors.

Rule 540. (1) In existing and small facilities, all stairways and other vertical

openings shall be enclosed with materials equal in fire resistance to the standard partition

construction of the building, if such partition construction is at least standard lath and

plaster. There shall be at least 1 3/4-inch solid core wood door with self-closing and

latching hardware installed so that there is effective fire and smoke separation between

floors or each sleeping room on the second floor shall be equipped with at least 1 1¾-

inch solid core wood door with latching hardware.

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(2) In all new and converted large and/or secure facilities, stairways and floor- to-

floor openings shall be enclosed with materials having at least the fire-resistance rating

specified by the national fire protection association standard No. 220, “Standard on Types

of Building Construction”, 2015, for the type of construction. All other vertical openings

through floors shall be fire-stopped with like materials.

(3) Where a facility has 2 or fewer levels, where both levels exit at grade, and where

elevations between levels do not exceed 4 feet, the building shall be considered to be 1

story and enclosures shall not be required between levels.

(4) In all new and converted facilities, stairs shall have treads and risers of uniform

width and height, with treads not less than 11 inches deep, exclusive of nosing, and risers

not more than 7 inches in height.

(5) Stairs in new, remodeled, and converted facilities shall change direction by use

of an intermediate landing and not by a variance in the width of treads. A sturdy and

securely fastened handrail located between 34 and 38 inches, measured vertically, above

the nose of the treads shall be provided.

(6) Stairs in existing facilities approved before these rules take effect shall continue

to be approved until the portion of the building encompassing the stairs is remodeled.

(7) An outside stairway or fire escape used as part of an approved means of egress

shall be protected against fire in the building by blank or closed walls directly under such

stairway and for a distance of 6 feet in all directions. Windows may be allowed within

this area if they are stationary wire glass windows.

(8) In newly constructed small facilities, halls, corridors, aisles, and stairs used as

part of a means of egress shall be not less than 44 inches wide and not less than 36 inches

wide in converted small facilities, except as required by R 400.4538(10).

(9) In newly constructed and converted large and secure facilities, halls, corridors,

and aisles used as part of an exit way shall be not less than 5 feet wide and 90 inches

high, and stairs shall be not less than 4 feet wide.

History: 1983 AACS; 2015 AACS.

R 400.4543 Doors.

Rule 543. (1) Doors to required means of egress shall comply with all of the

following provisions:

(a) Be side-hinged and installed at floor level.

(b) Be not less than 36 inches wide in new and converted large and secure

facilities and new small facilities, and not less than 30 inches wide in remodeled and

converted small facilities, except as required by R 400.4538(10).

(c) Be not less than 78 inches high in new, remodeled, and converted facilities.

(d) In large and secure facilities, doors shall be hung to swing in the direction of

egress, except doors to single-occupant rooms and bathrooms.

(e) Be equipped with at least knob-type, properly operating, approved, positive-

latching, nonlocking-against-egress-type hardware which insures the opening of the

door with a single motion, such as turning a knob or applying pressure of normal

strength on a latch, except as where otherwise provided by subrule (2) of this rule and R

400.4545.

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(2) In secure facilities, locking hardware is permitted if resident sleeping rooms

are equipped with approved electric locks or if there are staff present and awake, fully

dressed, on duty, and in possession of keys to release residents in an emergency.

(3) Doors entering stairs and other vertical openings and doors to fire rated

enclosures shall not be held in an open position at any time by an underdoor wedge or

hold-open device.

(4) Interior doors to any enclosure which is required to have not less than a 1-hour

fire resistance rating shall be B-labeled fire doors in labeled frames and shall be

equipped with positive-latching hardware and self-closing devices.

History: 1983 AACS.

R 400.4545 Seclusion room.

Rule 545. (1) A seclusion room shall be approved in writing for use as such by the

fire inspecting authority and the licensing authority.

(2) A seclusion room shall be constructed to allow for both visual and auditory

supervision of a resident in the room.

(3) A seclusion room shall have walls and ceiling made of noncombustible

materials.

(4) A seclusion room may have 1 approved locking-against-egress device on the

door if a staff person is immediately present and awake and is in possession of a key for

the door locking device when the room is being used.

(5) The egress door in a seclusion room shall open in the direction of egress.

History: 1983 AACS; 2015 AACS.

R 400.4546 Partition construction.

Rule 546. In new, remodeled, or converted large and secure facilities, rooms shall be

separated from corridors used as means of egress with partition construction which

extends to the floor or deck above and which affords at least a ¾-hour fire resistance

rating. Doors shall be at least 1¾-inch solid wood core. Any glass in these partitions,

including doors, shall be wired glass which is not more than 54 inches in any 1 lineal

dimension and not more than a total of 1,296 square inches. Where glass breakage is a

potential hazard, clear acrylic may be placed directly in contact with and between 2

layers of wired glass to give added strength. Glazing in compliance with national fire

protection association pamphlet 257, 2007, and having the required fire resistant rating,

may also be used in walls and in doors when tested in accordance with national fire

protection association standard 252, 2012. This rule does not apply where the type of

construction requires more restrictive separation.

History: 1983 AACS; 2015 AACS.

R 400.4548 Large and secure facilities; lighting in means of egress.

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Rule 548. (1) In large and secure facilities, all halls, stairways, and means of egress

shall be constantly lighted. Approved exit signs shall be installed over each required exit.

Exit directional signs shall be provided where exit signs are not readily visible in means

of egress. In new and converted large and secure facilities, emergency light packs and

exit lights shall be provided along the means of egress. These devices shall include an

electric charging unit that will maintain the batteries fully charged.

(2) In new and converted multistory large and or multistory secure facilities, there

shall be a system of emergency backup capable of maintaining required lighting for not

less than 24 hours in the event of power failure.

History: 1983 AACS; 2015 AACS.

R 400.4550 Elevators and dumbwaiters.

Rule 550. Elevator and dumbwaiter shafts shall be completely enclosed by

noncombustible materials with a fire-resistance rating of not less than 1 hour. An

opening shall not be permitted through the side wall enclosure for ventilation or for any

other purpose. Doors and frames servicing elevators and dumbwaiters shall be

approved B-labeled fire door assemblies and labeled fire frame construction and shall

be hung so as to be reasonably smoketight when the doors are closed. Glass side

lights, transoms, and panels above the doors shall be wire glass and shall not exceed

100 square inches.

History: 1983 AACS.

R 400.4552 Heating devices and flame-producing devices.

Rule 552. (1) In large and secure facilities and all newly constructed and converted

facilities, flame-producing-type heating devices and incinerators shall be in an enclosure

providing at least 1-hour resistance to fire. Adequate combustion air shall be provided

directly from the outside through a permanently open louver. Fire dampers are not

required in ducts penetrating this enclosure.

(2) In existing small facilities, flame-producing-type heating devices and

incinerators approved under the standards these rules replace shall continue to be

approved with regard to enclosure or lack of enclosure until the portion of the facility

containing the flame-producing device is remodeled or the facility is converted. This

shall not preclude requirements relative to maintaining doors and other safety factors in

proper working order.

(3) Electric heating shall be installed in accordance with the manufacturer's

specifications and shall be approved by a nationally recognized, independent testing

laboratory.

(4) Portable heaters and space heaters, including solid fuel heaters, are prohibited.

(5) A fireplace is permitted if it is masonry and has all of the following components:

(a) An approved glass door shielding the opening. The door shall be closed at all

times except when a fire is being tended.

(b) A noncombustible hearth extending a minimum of 16 inches out from the front

and 8 inches beyond each side of the fireplace opening.

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(c) A noncombustible face extending not less than 12 inches above and 8 inches on

each side of the fireplace opening.

(d) A masonry chimney constructed with approved flue liners.

(e) The chimney shall be visually inspected every other month while in use and

cleaned as needed, but not less than once every 12 months.

(6) A heating plant room shall not be used for combustible storage or for a

maintenance shop unless the room is provided with automatic sprinkler protection.

Flammable liquids or gases shall not be stored in a heating plant room.

(7) A furnace and other flame-producing unit shall be installed according to

manufacturer and test specifications and shall be vented by metal ducts to a chimney

which is constructed of bricks, solid block masonry, or reinforced concrete, which has an

approved flue lining, and is properly erected and maintained in a safe condition. A

bracket chimney is not permitted. This rule does not prohibit the installation and use of

any prefabricated chimney bearing the label of an approved, nationally recognized,

independent testing laboratory if the chimney is installed and used in accordance with

manufacturer and test specifications and is compatible with the heating unit or units

connected to it. Only gas and oil-fired units may be connected to a prefabricated

chimney.

(8) All furnaces shall be inspected on an annual basis by a licensed inspector. A

copy of the inspection must be made available to the qualified fire inspector or the

department’s licensing authority upon request.

(9) A carbon monoxide detector, bearing a safety certification mark of a recognized

testing laboratory such as UL (Underwriters Laboratories) or ETL (Electro technical

Laboratory), shall be placed on all levels approved for child care and in all furnace zones.

History: 1983 AACS; 2015 AACS.

R 400.4554 Air-handling equipment.

Rule 554. (1) In newly constructed or converted large or secure facilities,

air-conditioning, warm air heating, air cooling, and ventilating systems shall comply with

the national fire protection association standard No. 90A, entitled "Installation of Air

Conditioning and Ventilating Systems," 2002.

(2) In newly constructed or converted large or secure facilities, fans and air handling

equipment used for re-circulating air in more than 1 room or single area shall have an

approved automatic smoke detector located in the system at a suitable point in the return

air duct ahead of the fresh air intake, the actuating of which shall open the electrical

circuit supplying the fan motor and when an approved fire alarm system is installed, be

connected to the fire alarm system in accordance with national fire protection association

standard No. 72, 2013.

(3) In existing facilities, fans and air-handling equipment and systems approved in

accordance with the standards these rules replace shall continue to be approved until the

facility is converted. This shall not preclude requirements relative to maintaining the

equipment, including thermostatic or other detection devices, and systems, in proper and

safe working order.

(4) Fan rooms shall not be designed or used for any other use except housing other

mechanical equipment.

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History: 1983 AACS; 2015 AACS.

R 400.4555 Smoke barriers.

Rule 555. (1) Smoke barriers with a 1-hour fire resistance rating shall be provided

on each floor used for sleeping rooms for more than 24 residents and shall be so located

as to form an area of refuge on either side that is served with an approved means of

egress. The barriers shall be located as close as possible to the middle of the floor to be

protected and shall extend from outside wall to outside wall and from the floor through

any inter-stud spaces to the roof or floor structure above.

(2) Doors in the smoke barrier shall be at least 20-minute fire-rated door or 1 ¾ inch

solid core flush door hung in labeled frames with self-closing devices. Where double

doors without mullions are used, synchronizing hardware and astragals shall be installed

and maintained regularly. For new construction, additions and conversions these doors

shall be arranged so that each door swings in a direction opposite from the other.

(3) Doors in smoke barrier partition may be held open only by electric hold-open

devices designed so that interruption of the electric current or actuation of the fire alarm,

sprinkler system, or the heat or smoke detector will cause the release of the doors. The

doors shall also be capable of being opened and closed manually.

History: 1983 AACS; 2015 AACS.

R 400.4557 Storage rooms.

Rule 557. Storage rooms larger than 100 square feet used for the storage of

combustible materials shall be separated from the remainder of the facility by

construction with at least a 1-hour fire resistance rated construction.

History: 1983 AACS.

R 400.4559 Combustible storage.

Rule 559. (1) In a new, remodeled, or converted large facility, hazardous areas and

rooms for storage of combustible materials, including all janitor rooms and closets, linen

rooms, shipping and receiving rooms, kitchens, kitchen storage rooms, and maintenance

shops shall be separated from the remainder of the building by construction having at

least a 1-hour fire resistance rating with a “B” rated door with an approved hydraulic

closer.

(2) In an existing facility, combustible materials storage rooms and hazardous areas,

including janitor rooms and closets, shipping and receiving rooms, kitchen storage rooms,

and maintenance shops approved before these rules take effect, shall continue to be

approved until the facility or portion thereof is remodeled or converted. All features of

fire protection, including fire detection, automatic sprinkler protection, and required fire

separations, shall be properly maintained.

History: 1983 AACS; 2015 AACS.

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R 400.4560 Cooking appliances.

Rule 560. (1) Cooking appliances shall be suitably installed in accordance with

approved safety practices.

(2) Where metal hoods or canopies are provided over domestic cooking appliances,

they shall be equipped with filters which shall be maintained in an efficient and clean

condition.

(3) In a newly constructed, remodeled, or converted large and secure facility, where

metal hoods or canopies are provided over commercial kitchen cooking appliances, they

shall be designed and equipped in compliance with the national fire protection association

standard No. 96, entitled "Standard for Ventilation Control and Fire Protection of

Commercial Cooking Operations,” 2014, and shall comply with all of the following

requirements:

(a) Filters shall be maintained in an efficient and clean condition.

(b) Only vapor proof electrical wiring and equipment shall be permitted in hoods or

canopies.

(c) Exhaust ducts from hoods shall be run to the outside by the shortest possible

route. When exhaust ducts are run through open spaces between a ceiling and a floor or

roof or through any floors above, the ducts shall be enclosed in horizontal or vertical

shafts protected from the remainder of the building by construction which affords a 2-

hour fire resistance rating.

(d) Fire extinguishment equipment for the hood and exhaust duct of a cooking

appliance in a kitchen shall be in compliance with the national fire protection association

standard No. 96, entitled "Standard for Ventilation Control and Fire Protection of

Commercial Cooking Operations,”.

(4) In an existing facility, metal hoods and canopies approved before these rules take

effect shall continue to be approved until the facility or portion thereof which

incorporates the kitchen is remodeled or converted. When the kitchen is remodeled or the

facility is converted, hoods, canopies, and kitchen hood suppression systems for cooking

appliances shall comply with the requirements of this rule for new construction. Filters in

any hood or canopy in an existing facility shall be maintained in an efficient and clean

condition.

History: 1983 AACS; 2015 AACS.

R 400.4562 Rubbish handling and incinerators.

Rule 562. (1) In a newly constructed, remodeled, or converted large or secure

facility, rubbish handling and incinerators shall be in accordance with the national fire

protection association standard No. 82, entitled “Standard on Incinerators and Waste and

Linen Handling Systems and Equipment”, 2014 Rubbish chutes and refuse bins or rooms

shall comply with the provision of this pamphlet for industrial-type incinerators.

Approved 2-bushel or less gas incinerators may be placed in an approved furnace room

and shall be equipped with approved automatic 100% shutoff controls, including a safety

pilot. Feed doors shall be located in an enclosed room that is provided with automatic

sprinkler protection or compartment separated from other parts of the building by walls,

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floor, and a ceiling having a fire-resistance rating of not less than 1 hour with openings to

such rooms or compartments protected by approved B-labeled fire door assembly and fire

door frames.

(2) In a newly constructed, remodeled, or converted large and/or secure facility,

rubbish chutes shall extend not less than 4 feet above the roof and shall be covered by a

metal skylight glazed with thin pane glass. A sprinkler head shall be installed at the top of

rubbish chutes and within the chutes at alternate floor levels in buildings more than 2

stories in height. A rubbish chute shall empty into a separate room, closet, or bin

constructed of materials having at least a 1-hour resistance to fire and protected with an

automatic sprinkler system.

(3) In new construction, incinerator rooms shall have at least 1 wall on an outside

wall not exposing a closed court.

(4) In an existing large or secure facility, rubbish handling and incinerators approved

before these rules take effect shall continue to be approved until the facility is converted

or the portion of the facility which includes the rubbish handling facilities or incinerators

is remodeled.

History: 1983 AACS; 2015 AACS.

R 400.4563 Laundries.

Rule 563. (1) In a newly constructed, remodeled, or converted large or secure

facility with a laundry, the laundry shall comply with all of the following requirements:

(a) Be located in a room constructed of materials that have a 1-hour fire resistance

rating.

(b) Have steam lines installed with a 1-inch clearance from combustibles.

(c) Have dryer vents constructed of rigid metal vented directly to the exterior or

through the roof. Lint traps shall be cleaned each time the dryer is used.

(d) Have 100% automatic and manual shutoff controls for gas appliances other than

domestic laundry equipment, which need only have manual shutoff controls.

(e) Have adequate outside air for combustion where combustion-type equipment is

used.

(2) In a newly constructed, remodeled, or converted facility, laundry chutes shall be

in compliance with all of the following requirements:

(a) Be enclosed in shafts constructed of an assemblage of noncombustible materials

having at least a 1-hour resistance to fire. If the shaft does not extend through the roof of

the building, the top shall be covered with noncombustible material affording at least a 1-

hour resistance to fire. There shall be no openings into the shaft other than those

necessary to the intended use of the laundry chute. Feed doors shall be located in an

enclosed room that is provided with automatic sprinkler protection or compartment

separated from other parts of the building by walls, a floor, and a ceiling having a fire-

resistance rating of not less than 1 hour with openings to such rooms or compartments

protected by B-labeled fire doors and in labeled frames with self-closing, positive

latching hardware.

(b) Have a sprinkler head installed at the top of the chutes and within the laundry

chutes at alternate floor levels in buildings over 2 stores in heights.

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(c) Empty into a separate room, closet, or bin constructed of materials having at least

a 1-hour resistance to fire and protected by automatic sprinklers.

(d) Have an open vent at the top where the shaft extends through the roof of the

building, a skylight which is glazed with ordinary glass and which is not less than 10% of

the shaft area, or a window of ordinary glass which is not less than 10% of the shaft area

and which is set into the side of the shaft with the sill of the window not less than 2 feet

above the roof level and 10 feet from any property line or other exposure it faces.

(3) In an existing facility, laundry facilities and laundry chutes approved before

these rules take effect shall continue to be approved until the facility is converted or the

portion of the facility which includes the laundry facility or chute is remodeled.

History: 1983 AACS; 2015 AACS.

R 400.4564 Motor vehicle housing.

Rule 564. A motor vehicle or gasoline-powered equipment or devices which may

cause or communicate fire and are not necessary for the personal care of residents shall

not be stored within a facility, unless the area housing such equipment is separated

from the rest of the facility by materials having at least a 1-hour fire resistance rating.

History: 1983 AACS.

R 400.4566 Garages.

Rule 566. (1) Garages located beneath, or attached to, a facility shall have walls,

partitions, floors, and ceilings separating the garage space from the rest of the facility by

construction with not less than a 1-hour fire resistance rating.

(2) In existing facilities, garages located beneath or attached to the facility approved

before November 30, 1983 shall continue to be approved until the facility is converted or

the portion of the facility containing the garage is remodeled.

History: 1983 AACS; 2015 AACS.

R 400.4568 Assemblage area.

Rule 568. A resident use assemblage area in a newly constructed, remodeled, or

converted facility, such as a recreation room, dining hall, or chapel, with an occupancy of

51 or more persons, as computed by the public assemblage regulations, shall be

maintained and arranged in accordance with national life safety code standard 101, 2015,

governing places of public assemblage. These rules may be obtained from the

department. Each door from an assemblage area occupied by residents shall enter a

corridor between exits or there shall be direct egress to the outside from each room. In an

existing facility, assemblage areas approved before these rules take effect shall continue

to be approved until the areas are remodeled or converted.

History: 1983 AACS; 2015 AACS.

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PART 6. FIRE SAFETY FOR RESIDENTIAL GROUP HOME FACILITIES

R 400.4601 Applicability.

Rule 601. The rules in this part apply to residential group homes.

History: 1983 AACS; 2015 AACS.

R 400.4602 Definitions.

Rule 602. As used in this part:

(a) "Approved" means acceptable to the department and fire inspecting authority and

in accordance with these rules. The department shall make the final approval based on

recommendations from the fire inspecting authority.

(b) "Basement" means a story of a building or structure having ½ or more of its clear

height below average grade for at least 50% of the perimeter of the story.

(c) "Combustible" means that any part of a material can ignite and burn when

subjected to fire or excessive heat.

(d) "Conversion" or "converted" means a change, after the effective date of these

rules, in the use of a facility or portion thereof from some previous use to that of a

licensed or approved institution, or an increase in capacity from a residential group home

facility to a small facility or a large facility or a change in a secure facility. A converted

facility shall comply with these rules for fire safety for converted facilities.

(e) "Existing facility" means a building, accessory buildings and surrounding

grounds which are licensed or approved by the department as an open institution for 6 or

fewer residents at the time these rules take effect and which is not unoccupied or

unlicensed for more than 90 consecutive days thereafter. Where an increase in capacity or

change in use affects fire safety requirements, the facility shall comply with all applicable

requirements prior to the increase or change in use.

(f) "Facility" means a building and surrounding grounds and recreational areas

owned, leased, or primarily rented by a child care organization for use as a residential

group home facility to house and sleep residents. "Facility" includes new, remodeled,

converted, and existing facilities. Any portion of a facility not used by residents and not

used as a required means of egress and which is separated from the rest of the facility by

an approved fire barrier, and buildings used by the residents strictly for up and awake

activities do not need to meet these rules for fire safety. However, the right of the fire

inspecting authority to inspect a nonuse area for hazardous use, or any building on the

grounds that is used by the residents strictly for up and awake activities, is retained and

directives relative to fire safety of such area or building may be issued to assure the fire

safety of the those use areas.

(g) "Fire alarm device" means an approved device capable of sounding an alarm. A

fire alarm shall be specifically designated as such and shall not be used for any purpose

other than sounding an alarm of fire or other emergency or for fire drills. The device shall

be loud enough to be heard throughout the facility under normal conditions. A device

may be a bell, a horn, a whistle, or any other device acceptable to the fire inspecting

authority.

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(h) "Fire resistance rating" means the time in hours or fractions thereof that materials

or their assemblies will resist fire exposure as determined by fire tests established and

conducted by approved testing laboratories.

(i) "Means of egress or exit" means an unobstructed way of departure from any point

in a building to safe open air outside at grade.

(j) "Newly constructed," "new construction," or "new facility" means a structure or

addition to a facility after the effective date of these rules.

(k) "Non-ambulatory" means a resident, including a resident confined to a

wheelchair, who is physically or mentally incapable of traversing a path to safety without

the aid of another person. A path to safety includes the ascent and descent of any stairs or

other approved means of egress from the building.

(l) "Remodeled" means changes in a facility that modify existing conditions and

includes renovation. Remodeled and affected areas of an institution shall conform to

these rules for fire safety for remodeled and converted facilities. Unaffected areas of a

facility are not required to conform to the required provisions for remodeled and

converted facilities.

(m) "Residential group home facility" means a building used to house not more than

6 residents and is not a secure facility.

(n) "Second story" means the story of a building above the highest story that has a

means of egress that is not more than 4 feet to grade.

(o) "Street floor" means the lowest story of a facility that is not a basement.

(p) "Story" means that part of a building between a floor and the floor or roof next

above.

History: 1983 AACS; 2015 AACS.

R 400.4604 Adoption by reference.

Rule 604. The department adopts the fire safety codes and standards in this rule.

These codes and standards are available for inspection and distribution to the public at

cost at the Department of Human Services, 201 N. Washington Square, P.O. Box 30650,

Lansing, Michigan 48909. Copies of the codes and standards may also be obtained from

the appropriate agency, organization, or association listed below. The costs indicated are

those in effect at the time these rules are promulgated. The codes and standards adopted

are as follows:

(a) Standard No. 10, “Standard for Portable Fire Extinguishers”. 2013 National Fire

Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109,

$46.50.

(b) Standard No. 13D, “Standard for the Installation of Sprinkler Systems in One-

and Two-Family Dwellings and Manufactured Homes”, 2007 National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9109, $33.50.

(c) Standard No. 25, “Standard for the Inspection, Testing and Maintenance of

Water-Based Fire Protection systems”, 2014 National Fire Protection Association, 1

Batterymarch Park, Quincy, Massachusetts 02269-9109, $54.50.

(d) Standard No. 70, “National Electric Code,” 2014, National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $89.50.

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(e) Standard No. 72, “National Fire Alarm Code”, 2013 National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, $80.10.

(f) Standard No. 80, “Standard for Fire Doors and Other Opening Protectives”,

2013, National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts

02269-9101, $46.50.

(g) Standard No. 261, “Standard Method of Test for Determining Resistance of

Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering

Cigarettes”, 2013 National Fire Protection Association, 1 Battterymarch Park, Quincy,

Massachusetts 02269-9101, $36.50.

(h) Standard No. 255, “Standard Method of Test of Surface Burning Characteristics

of Building Materials”, 2006, National Fire Protection Association, 1 Batterymarch Park,

Quincy, Massachusetts 02269-9101, $36.50.

(i) Standard No. 701, “Standard Methods of Fire Tests for Flame Propagation of

Textiles and Films”, 2010 National Fire Protection Association, 1 Batterymarch Park,

Quincy, Massachusetts 02269-9101, $36.50.

(j) Standard E-1590 2002, “Standard Method for Fire Testing of Mattresses”

American Society for Testing and Materials, 100 Bar Harbor Dr., West Conshohocken,

PA, 19428-2959.

History: 2015 AACS.

R 400.4605 Plan review.

Rule 605. (1) Plans and specifications shall be submitted to the bureau of fire

services for review and approval prior to any remodeling in a residential group home or

the construction or conversion of a residential group home.

(2) The plans shall comply with all of the following provisions:

(a) Show layout, room arrangements, construction materials to be used, and the

location size, and type of fixed equipment.

(b) For additions, show those portions, including existing exits, types of

construction, and room occupancies, which may be affected by the addition.

(3) The plans shall be approved in writing by the bureau of fire services before

construction begins.

(4) The plans for residential group homes for not more than 6 residents do not

require the seal of a registered architect or engineer.

History: 2015 AACS.

R 400.4606 Evacuation training and telephone.

Rule 606. (1) Staff shall be trained in evacuation of the facility in the event of

emergency. A record shall be maintained of the training.

(2) There shall be a telephone for communicating an alarm of fire to the fire

department. A pay phone is not acceptable as a phone for communicating an

alarm of fire.

(3) The telephone number of the fire department shall be posted by all phones.

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History: 1983 AACS.

R 400.4608 Facility location.

Rule 608. A residential group home facility shall not be established within 300

feet of an aboveground storage tank containing flammable liquids used in connection

with a bulk plant, marine terminal, aircraft refueling, or bottling plant of a liquid

petroleum gas installation or other similar hazard.

History: 1983 AACS.

R 400.4612 Combustible materials, decorations, furnishings, and bedding.

Rule 612. (1) A residential group home facility shall be kept free of all accumulation

of combustible materials other than those necessary for the daily operation of the

residential group home.

(2) Easily ignited or rapidly burning combustible decorations are not permitted in a

facility. Personal artwork and personal decorations made or owned by residents are

permitted up to 6 square feet of wall space in each room or area other than means of

egress or hazardous areas.

(3) Newly introduced upholstered furniture shall be tested in accordance with and

comply with NFPA-261 unless located in an area having automatic sprinkler protection.

(4) Newly introduced mattresses shall be tested in accordance with ASTM E 1590

unless located in an area having automatic sprinkler protection.

History: 1983 AACS; 2015 AACS.

R 400.4613 Basement as sleeping room prohibited.

Room 613. A basement shall not be used for sleeping.

History: 1983 AACS.

R 400.4615 Electrical service.

Rule 615. (1) The electrical service shall be maintained in a safe condition.

(2) Where the inspecting authority believes there is a need for an inspection of

the electrical system because of its condition, the electrical service shall be inspected

by a qualified electrical inspection service. A copy of the inspection report shall be

maintained at the facility for review.

(3) Where an electrical system inspection indicates deficiencies in the electrical

system, the deficiencies shall be corrected and

a

certificate of approval shall be

maintained at the facility confirming that all deficiencies related to the electrical

system have been corrected.

History: 1983 AACS.

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R 400.4617 Residential group home facility construction.

Rule 617. A residential group home facility shall be at least of ordinary

construction, light platform frame, and not over 2 stories high above the highest grade.

History: 1983 AACS.

R 400.4618 Locked seclusion room; prohibition.

Rule 618. A locked seclusion room is not permitted in a residential group home

facility.

History: 1983 AACS; 2015 AACS.

R 400.4620 Interior finish.

Rule 620. (1) The following alphabetical classification of finished materials for

flame spread and smoke development, as determined by the tunnel test in accordance

with the national fire protection association, standard No. 255, 2006; American society of

testing materials E-84-77A, 2014; or Underwriters Laboratories standard No. 723, 2008,

shall be used to determine interior finishes:

Class

A

Flame Spread

0 - 25

Smoke Developed

0 - 450

B

26 - 75

51 - 450

C

76 - 200

126 - 450

The same alphabetical classification is used for combustibility of prefabricated

acoustical tile units, only under federal specifications test No. SS-5-118a.

(2) The classification of interior finish materials as to their flame spread and smoke

development shall be that of the basic material used, without regard to subsequently

applied paint or other coverings, except where such paint or other covering is of such a

character or thickness where applied to affect the material classification. Finishes such as

lacquer, polyurethane-based materials, or unapproved wall coverings shall not be used.

(3) In a newly constructed, remodeled, or converted residential group home, an

interior finish classification shall be that of the basic material used, without regard to

subsequently applied paint or other covering in an attempt to meet the classification.

(4) Interior finishes and materials shall be at least class C throughout.

History: 1983 AACS; 2015 AACS.

R 400.4621 Automatic sprinkler protection.

Rule 621. All newly constructed residential group homes shall be provided with

automatic sprinkler protection in accordance with the requirements of NFPA-13D.

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Sprinkler systems shall be inspected, tested, and maintained in accordance with NFPA

25.

History: 2015 AACS.

R 400.4623 Smoke detection equipment.

Rule 623. (1) Newly constructed or licensed residential group homes shall be

protected by interconnected smoke detectors in accordance with NFPA 72.

(2) A residential group home facility shall be protected by at least battery-operated

smoke detection devices installed in all of the following areas:

(a) Between sleeping areas and the other areas of the facility.

(b) At the top of all interior stairways.

(c) In the immediate vicinity of combustion-type heating and incinerating devices,

where such devices are not in an enclosure providing at least 1-hour resistance to fire.

Where such devices are in enclosures which provide at least 1-hour resistance to fire, a

fire detection device shall be immediately outside of the enclosure.

(d) At least 1 on every floor.

(3) Fire detection devices shall comply with all of the following requirements:

(a) Be listed or labeled by an independent, nationally recognized testing laboratory.

(b) Be installed and maintained in accordance with the manufacturer's and test

specifications.

(c) Be cleaned and tested at least quarterly.

(d) Have the batteries replaced at least annually.

(e) Be of a type that provides a signal when batteries are not providing sufficient

power and where batteries are missing.

(4) Any device required by this rule which signals that power is low or a battery is

missing shall be immediately serviced and restored to full power.

(5) A written record shall be maintained in the facility of quarterly cleanings and

testing of devices and of annual battery replacements.

(6) Fire detection systems in an existing residential group home facility, approved

before November 30, 1983 shall continue to be approved. All fire detection systems in

residential group homes shall be maintained in proper working order.

History: 1983 AACS; 2015 AACS.

R 400.4632 Fire extinguishers.

Rule 632. (1) All required fire extinguishers shall be subjected to a maintenance

check at least once a year. Each fire extinguisher shall have a tag or label attached

indicating the month and year maintenance was performed and identifying the person or

company performing the service.

(2) All required extinguishers shall be recharged after use.

(3) A minimum of 1 approved fire extinguisher shall be provided on each floor.

(4) All fire extinguishers shall be at least 4 inches off the floor and the top of the

extinguisher shall be less than 5 feet off the floor in a special cabinet or on a wall rack

which is easily accessible at all times, unless programmatically contraindicated. Where

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programmatically contraindicated, the required extinguishers may be kept behind locked

doors if all staff carry keys to the doors.

(5) In new, remodeled, or converted facilities, a fire extinguisher shall be at least a

type 2-A-10BC.

(6) In existing facilities licensed prior to November 30, 1983, previously approved

fire extinguishers other than a 2-A-10BC type will continue to be approved if they are

maintained in the area for which they are approved.

History: 1983 AACS; 2015 AACS.

R 400.4635 Fire alarm systems.

Rule 635. A residential group home facility shall be equipped with a fire alarm

device. The device shall be used only to sound an alarm of fire, for practice fire drills,

and other emergencies requiring evacuation of the facility.

History: 1983 AACS; 2015 AACS.

R 400.4638 Means of egress.

Rule 638. (1) Means of egress shall be considered the entire way and method of

passage to free and safe ground outside a facility. All required means of egress shall be

maintained in unobstructed, easily traveled condition at all times.

(2) There shall be not less than 2 means of egress from the street floor story. At least

1 of the 2 means of egress shall be through a side-hinged door. The door shall be a

minimum of 30 inches wide, except as provided in R 400.4639. The second means of

egress may be a sliding glass door.

(3) A second story shall only be used by ambulatory residents and shall comply with

1 of the following requirements:

(a) Two open stairways separated by not less than 50% of the longest dimension of

the story.

(b) One open interior stairway and 1 exterior stairway or fire escape separated by not

less than 50% of the longest dimension of the story. An exterior stairway or fire escape

does not require protection from fire in the building. An exterior stairway or fire escape

shall be constructed of not less than 2-inch nominal lumber and be in good repair.

(c) One interior stairway and all floors separated by materials which afford at least a

3/4-hour fire resistance rating. The doors separating floors shall be at least 1 3/4-inch

solid wood core and shall be equipped with positive latching hardware and approved self-

closing devices. Each sleeping room on the second story shall have a window of not less

than 5 square feet with no dimension less than 22 inches to allow for emergency rescue.

(4) A basement used by residents requires 1 means of egress which may be a

stairway. The stairway may be an open stairway, except as required by subrule (3)(c) of

this rule.

History: 1983 AACS; 2015 AACS.

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R

400.4639

Special requirements for facilities caring for nonambulatory

residents.

Rule 639. A residential group home facility providing care to 1 or more

nonambulatory residents shall comply with all of the following provisions:

(a) House such residents only on the street floor.

(b) Have required exitways which are not less than 48 inches wide in a new facility

and not less than 44 inches wide in an existing or converted facility. Doors shall be a

minimum of 36 inches wide.

(c) Have required exits discharge at grade level or have required exits equipped

with ramps. Ramps shall not exceed 1 foot of rise in 12 feet of run and shall have sturdy

handrails. Once at grade, there shall be a surface sufficient to permit occupants to

move a safe distance from the facility.

History: 1983 AACS.

R 400.4640 Stairs.

Rule 640. (1) In new and converted facilities, stairs shall have treads of uniform

width and risers of uniform heights. In converted facilities, treads shall be not less than 9

1/2 inches deep, exclusive of nosing, and risers shall be not more than 7 ¾ inches in

height. In newly constructed facilities, treads shall be not less than 11 inches deep,

exclusive of nosing, and risers shall be not more than 7 inches in height.

(2) Stairs in an existing facility approved before these rules take effect shall continue

to be approved until the portion of the building encompassing the stairs is remodeled.

History: 1983 AACS; 2015 AACS.

R 400.4643 Doors.

Rule 643. (1) Doors to required means of egress shall be equipped with at least

knob-type, properly operating,

positive-latching, nonlocking-against-egress-type

hardware which insures the opening of the door with a single motion, such as turning a

knob or applying pressure of normal strength on a latch, except that an approved sliding

door may be equipped with a non-key locking device.

(2) Required doors entering stairs and doors to fire rated enclosures shall not be

held in an open position at any time by an underdoor wedge or hold-open device.

History: 1983 AACS.

R 400.4652 Heating devices and flame-producing devices.

Rule 652. (1) Flame-producing-type heating devices and incinerator devices on any

story used by residents shall be in an enclosure that provides at least 1-hour resistance to

fire. Any interior door to the enclosure shall be of at least a B-labeled fire door in a

labeled frame equipped with latching hardware and a self-closing device. Adequate

combustion air shall be provided to the enclosure directly from the outside through a

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permanently opened louver or continuous ducts. Fire dampers are not required in ducts

penetrating this enclosure.

(2) Where flame-producing-type heating devices or incinerator devices are located

on a story not used by residents, there shall be a separation between the story or stories

containing such devices and resident-used stories such that at least a 3/4-hour resistance

to fire is provided. Any interior stairway to such a nonresident-used story shall have at

least a 1¾ inch solid wood core door which is equipped with latching hardware and a

self-closing device separating the non-resident-used story from resident-used stories.

(3) Electric heating shall be installed in accordance with the manufacturer's

specifications and shall be of a type approved by a nationally recognized, independent

testing laboratory.

(4) Portable heaters and space heaters, including solid fuel heaters, are prohibited.

(5) A fireplace is permitted if it is masonry and has all of the following components:

(a) An approved glass door shielding the opening. The door shall be closed at all

times except when a fire is being tended.

(b) A noncombustible hearth extending a minimum of 16 inches out from the front

and 8 inches beyond each side of the fireplace opening.

(c) A noncombustible face extending not less than 12 inches above and 8 inches on

each side of the fireplace opening.

(d) A masonry chimney constructed with approved flue liners.

(e) The chimney shall be visually inspected every other month while in use and

cleaned as needed, but at least once every 12 months.

(6) A heating plant room shall not be used for combustible storage or for a

maintenance shop unless the room is provided with automatic sprinkler protection.

(7) A furnace and other flame-producing unit shall be installed according to

manufacturer and test specifications and shall be vented by metal ducts to a chimney

which is constructed of bricks, solid block masonry, or reinforced concrete which has an

approved flue lining and is properly erected and maintained in safe condition. A bracket

chimney is not permitted. This rule does not prohibit the installation and use of any

prefabricated chimney bearing the label of an approved, nationally recognized,

independent testing laboratory if it is installed in accordance with manufacturer and test

specifications and is compatible with the heating unit or units connected to it. Only gas

and oil-fired units may be connected to a prefabricated chimney.

(8) All furnaces shall be inspected on an annual basis by a licensed inspector. A

copy of the inspection must be made available to the qualified fire inspector or the

department’s licensing authority upon request.

History: 1983 AACS; 2015 AACS.

R 400.4657 Storage rooms.

Rule 657. Storage rooms larger than 100 square feet used for the storage of

combustible materials shall be separated from the remainder of the facility by

construction with at least a 1-hour fire resistance rating and interior door openings

protected with minimum B-labeled fire door and frame assemblies that has approved self-

closing, latching hardware.

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History: 1983 AACS; 2015 AACS.

R 400.4660 Cooking appliances.

Rule 660. (1) Cooking appliances shall be of the domestic type and shall be installed

in accordance with approved safety practices.

(2) Where hoods or canopies are provided over the cooking appliances, they shall

be equipped with filters which shall be maintained in an efficient and clean

condition.

History: 1983 AACS.

R 400.4666 Garages.

Rule 666. (1) Garages located beneath a residential group home facility shall have

walls, partitions, floors, and ceilings separating the garage from the rest of the facility by

construction with not less than a 1-hour fire resistance rating with connecting door

openings protected with B-labeled fire door and frame assemblies.

(2) Garages attached to a facility shall be separated from the rest of the facility by

construction with not less than a 1-hour fire resistance rating with connecting door

openings protected with B-labeled fire door and frame assemblies that has approved self-

closing, latching hardware.

History: 1983 AACS; 2015 AACS.

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