Assisted Living Communities:
Changes & Challenges
November 20, 2014
Central Georgia Technical College
Macon, GA
Law of Unintended Consequences
SB 178 was created and passed into Law in January of 2012 to
amend Chapter 7 of Title 31 of the Official Code of Georgia
Annotated. Legislation required the State Fire Marshal’s Office to
review and inspect the newly created Assisted Living
Communities under Limited Healthcare designation due to the
nature of the residents cared for.
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Law of Unintended Consequences
Being mandated to review and inspect Assisted Living
Communities as Limited Healthcare presented a number of
challenges to both the Industry as well as the State Fire Marshal’s
Office. It soon became apparent that many providers would not
be able to change licensure to an Assisted Living. This lead to the
creation of Chapters 34 and 35 in the current OCGA 120-3-3,
adopted January 30, 2014. Previously these chapters were
reserved in the LSC.
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Law of Unintended Consequences
The Georgia State Fire Marshal’s Office soon began a series of
meetings, code analysis and research of how other states have
approached this unique problem. After several months and
numerous meetings, a solution began to emerge that was
acceptable to the Industry as a whole while maintaining the
safety of the residents being served by the Industry.
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Jurisdiction
Although Assisted Living Communities are reviewed under
Chapters 34 and 35 of the 2012 NFPA 101 Life Safety Code, as
modified by OCGA 120-3-3, SB 178 designates Assisted Living
Communities as Limited Healthcare, and therefore remains a
State Jurisdiction. All inspections and plan reviews must come
through the State Fire Marshal’s Office.
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Jurisdiction
This does not mean a local jurisdiction cannot enter upon the
premises. Just as with Healthcare facilities, if any issues or
concerns are found, forward those to the State Fire Marshal’s
Office.
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New and Existing Facilities
New Facilities are held to more stringent requirements, primarily
construction type limitations and sprinkler requirements.
Existing Facilities (existing Personal Care Homes conversions)
are less stringent in requirements but concessions were made.
Construction type/number of stories limitations
Sprinkler requirements NFPA13R with modifications
vs an NFPA 13 system
Not all existing facilities will qualify.
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Does a Facility Qualify for Conversion?
Not all facilities will qualify to convert to an Assisted Living
Community. The three biggest challenges are:
* Construction Type/Number of Stories
* Sprinkler System
NFPA13R with modifications
* Financial Constraints
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35.1.6 Minimum Construction Requirements. Assisted living community facilities shall be limited to the building
construction types specified in Table 35.1.6 (see 8.2.1), based on the number of stories in height as defined in 4.6.3.
Table 35.1.6
Number of Stories - See Note b
Construction Type
Sprinklered
See Note a
1
2
3
4
5-6
>6-12
Type I (442) c d
Yes
No
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
Type I (332) c d
Yes
No
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
Type II(222) c d
Yes
No
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
X
N.P.
Type II(111) c d
Yes
No
X
N.P.
X
N.P.
Xe
N.P.
Xe
N.P.
N.P.
N.P.
N.P.
N.P.
Type II(000) a
Yes
No
X
N.P.
X
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
Type III(211) a
Yes
No
X
N.P.
X
N.P.
Xe
N.P.
Xe
N.P.
N.P.
N.P.
N.P.
N.P.
Type III(200) a
Yes
No
X
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
Type IV(2HH) a
Yes
No
X
N.P.
X
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
Type V(111)
See note a or e
Yes
No
Xa
N.P.
Xa
N.P.
Xe
N.P.
Xe
N.P.
N.P.
N.P.
N.P.
N.P.
Type V(000) a
Yes
No
Xa
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
N.P.
X = Permitted if sprinklered as required by 33.3.3.5 unless otherwise noted.
NP = Not permitted.
a Building shall be protected throughout by an approved supervised automatic sprinkler system installed in accordance with 35.3.5, and the interior walls are covered with
lath and plaster or materials providing a 15-minute thermal barrier. (See requirements of 35.3.5).
b See requirements of 4.6.3.
c See requirements of 35.1.6.2.1.
d See requirements of 35.1.6.2.2.
e See requirements of 35.1.6.5.
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Definitions
Previously, Personal Care, Assisted Living and Residential Board
and Care were reviewed under Chapters 32 and 33 of the 2000
edition of the Life Safety Code.
SB178 creates and clearly defines Assisted Living Communities.
Assisted Living Communities are defined as 25 or more beds
with residents who are capable of assisted self-preservation, with
the intention to allow the resident to age in place.
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Definitions
120-3-3-.03(4) Assisted Living Community (ALC) means facility serving 25
residents or more that is licensed by the Georgia Department of Community
Health and meets the requirements of an existing health care occupancy found
in Chapter 19 of the Life Safety Code or the requirements established in
Chapter 34 or 35 of the Life Safety Code as may be applicable for new or
existing facilities.
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Definitions
120-3-3-.03(5) Assisted self-preservation as applied to an Assisted Living
Community (ALC) means the capacity of a resident to be evacuated from an
assisted living community to a designated point of safety and within an
established period of time as determined by the Office of the Safety Fire
Commissioner. Assisted self-preservation is a function of all of the following:
(A) the condition of the individual; (B) the assistance that is available to be
provided to the individual by the staff of the assisted living community, and
(C) the construction of the building in which the assisted living community is
housed, including whether such building meets the safety requirements
applicable to an existing Health Care Occupancy or an Assisted Living
Community as established by Chapter 34 or 35of NFPA 101, Life Safety Code,
as may be applicable respectively to a new or existing facility, and other safety
to life provisions as adopted by the Rules and regulations of the Safety Fire
Commissioner.” (Also see the definition for “Self-Preservation”)
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Definitions
120-3-3-. (24) Self-Preservation, except as defined in NFPA 101, Life Safety
Code for day-care occupancies, means the ability to respond to an emergency
condition, whether caused by fire or otherwise, and escape the emergency
without physical, hands-on assistance from staff. The resident may move from
place to place by walking, either unaided or aided by prosthesis, brace, cane,
crutches, walker or handrails, or by propelling a wheelchair.
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Why Healthcare?
Assisted Self-Preservation – this is what drives the Healthcare
Designation. Self-preservation is the act of an individual being
able to independently evacuate a building or to a point of safety
without assistance from others. With assisted self-preservation,
evacuation time is even more critical.
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Evacuation and Fire Drills
Prompt Evacuation – Achieved in 3 minutes or less, night or day.
Slow Evacuation – Achieved in more than 3 but in not less than
13 minutes, night or day.
Impractical Evacuation – Achieved in more than 13 minutes,
night or day.
(Above definition as modified by OCGA 120-3-3).
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Evacuation and Fire Drills
The Code does require for any facility or individual that cannot
be effectively evacuated in 13 minutes or less to provide
additional, dedicated staff for those residents.
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Evacuation and Fire Drills
Emergency Egress and Relocation Drills shall be conducted no
less than once per quarter per shift at alternating times. One total
building evacuation a year is required, other drills may include
evacuation to a Point of Safety.
Drills may be announced before hand
Record keeping of all drills is required.
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Evacuation and Fire Drills
Point of Safety refers to a location such as exterior door, rated
stairwell, or opposite side of a one-hour rated smoke barrier wall.
Considered a Healthcare Occupancy, ALCs are a Defend In Place
facility.
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Egress
35.2.3.3 The width of corridors serving an occupant load of 50 or
more in facilities having prompt or slow evacuation capability,
and all facilities having impractical evacuation capability, shall
be sufficient for the occupant load served but shall be not less
than 60 in. (1525 mm).
35.2.3.4 The width of corridors serving an occupant load of less
than 50 in facilities having prompt or slow evacuation capability
shall be not less than 44 in. (1120 mm).
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Egress
35.2.5.2 Dead-end Corridors. Dead-end corridors shall not
exceed 35 ft. (15 m).
(30 ft. for new construction)
35.2.5.3 Common Path. Common paths of travel shall not
exceed 110 ft. (35.5 m).
(75 ft. for new construction)
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Travel Distance to Exits
35.2.6 Travel Distance to Exits.
35.2.6.1 Travel distance from any point within a room, suite, or
living unit to a corridor door shall not exceed 75 ft. (23 m) in
buildings not protected throughout by an approved automatic
sprinkler system in accordance with 35.3.5.
35.2.6.2 Travel distance from any point within a room, suite, or
living unit to a corridor door shall not exceed 125 ft. (38 m) in
buildings protected throughout by an approved automatic
sprinkler system in accordance with 35.3.5.
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Travel Distance to Exits
35.2.6.3 Travel distance from the corridor door of any room to the
nearest exit shall be in accordance with 35.2.6.3.1or 35.2.6.3.2
35.2.6.3.1 Travel distance from the corridor door of any room to the
nearest exit, measured in accordance with Section 7.6, shall not exceed
200 ft. (61 m).
(150 ft. for new construction)
35.2.6.3.2 Travel distance to exits shall not exceed 200 ft. (61 m) for
exterior ways of exit access arranged in accordance with 7.5.3.
(150 ft. for new construction)
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Corridor/Sleeping Room Separation
35.3.6.1.1 Sleeping rooms shall be separated from corridors,
living areas, kitchens and all other areas by walls having a
minimum 1/2-hour fire resistance rating.
35.3.6.1.3 Rooms or spaces, other than sleeping rooms and
hazardous areas, shall be separated from corridors by smoke
partitions in accordance with Section 8.4, and the provisions of
8.4.3.5 shall not apply.
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Corridor/Sleeping Room Separation
35.3.6.4.1 Doors shall have a minimum 20-minute fire protection
rating.
35.3.6.4.2 Solid-bonded wood-core doors of not less than 1 3/4
in. (44 mm) thickness shall be permitted to continue in use.
(No fire rating required, but must resist passage of smoke
in new construction)
35.3.6.5.1 Door-closing devices shall not be required on doors in
corridor wall openings, other than those serving exit enclosures,
smoke barriers, enclosures of vertical openings, and hazardous
areas.
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Subdivision of Building Spaces
Every sleeping room floor shall be divided into 2 smoke
compartments of approximately the same size.
Each smoke compartment shall not exceed 22,500 ft2
Smoke barriers shall not be required in facilities with prompt or
slow evacuation capabilities where each sleeping room has access
to an exterior exit.
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Subdivision of Building Spaces
Every sleeping room floor shall be divided into 2 smoke
compartments of approximately the same size.
Each smoke compartment shall not exceed 22,500 ft2
Smoke barriers shall not be required in facilities with prompt or
slow evacuation capabilities where each sleeping room has access
to an exterior exit.
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Subdivision of Building Spaces
35.3.7.3 The travel distance from any point to reach a door in the
required smoke barrier shall be limited to a distance of 200 ft. (61 m).
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Subdivision of Building Spaces
Existing facilities of construction Type II(111), Type III(211)or
Type V(111) shall prohibit residents who require assistance for
preservation to first and second stories unless facility is equipped
with combination of smoke barrier and horizontal exit on the
third and fourth floors; or, protected throughout by an approved
automatic, supervised NFPA 13 sprinkler system with quick
response or residential heads.
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Sprinkler Coverage
New Facilities require full NFPA 13 Sprinkler System.
Existing Facilities (conversions) require NFPA 13R system
as modified (Sprinkler coverage in all restrooms and closets
regardless of their size).
Non-sprinkled attics (NFPA 13R systems for existing facilities)
shall be provided with heat detection, connected to fire alarm
control panel and emergency forces notification.
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Smoke Detection
Each resident sleeping room shall be
provided with smoke detection, hardwired
to the building’s electrical system.
Where approved by the AHJ, existing battery operated smoke
alarms may be allowed to remain with acceptable record keeping,
testing, maintenance and battery replacement.
Existing battery powered smoke alarms, when replaced or
installed on or after Jan. 1, 2014, shall be non-replaceable, nonremovable, tamper resistant and shall be powered for a minimum
of 10 years.
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How to Get Started
To determine a facilities’ qualification, contact the Georgia State
Fire Marshal’s Office. ALL requests must be in writing.
Go to http://oci.ga.gov/ExternalResources/Forms/AllForms/GID342-SF.pdf
Or Fax request to 678-717-5877.
Allow 21 working days to schedule inspection. We also strongly
recommend retaining the services of a registered architect or
engineer prior to requesting inspection.
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Contact Information
Mailing Address:
– State Fire Marshal’s Office
2 Martin Luther King Jr. Drive
Suite 920, West Tower
Atlanta, Georgia 30334
www.gainsurance.org
Engineering/Inspections
– Telephone (404) 656-7087
– FAX (678) 717-5877
– E-mail inspections@sfm.ga.gov
Allen LaBerteaux
– Telephone (404) 617-6653
– alaberteaux@sfm.ga.gov
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