68-11-237 - Fire safety in licensed homes for the aged. - Tennessee Statutes

68-11-237. Fire safety in licensed homes for the aged.

(a)  The term “facility” as used in this section means:

     (1)  Any home for the aged, as such term is defined in § 68-11-201, that is licensed for twelve (12) or more beds in which all residents live on the ground floor; or

     (2)  Any home for the aged that has two (2) or more stories in which residents live.

(b)  No later than one hundred twenty (120) days after July 1, 2004, any licensed home for the aged that is not fully sprinklered as of July 1, 2004, must provide electronically operated smoke detectors with battery back-up power operating at all times in, at least, sleeping rooms, day rooms, corridors, laundry rooms, and any other hazardous areas.

(c)  Any facility that is not fully sprinklered as of July 1, 2004, must submit to the department of health a sprinkler plan for the full sprinklering of the facility.

     (1)  If the facility provides resident care above the ground floor, the facility must submit the sprinkler plan no later than twelve (12) months from July 1, 2004.

     (2)  If the facility provides resident care only on the ground floor, the facility must submit the sprinkler plan no later than fifteen (15) months from July 1, 2004.

     (3)  Any facility that submitted a sprinkler plan to the department prior to July 1, 2004, shall not be required to resubmit its plan.

(d)  The department of health must review and approve or disapprove any sprinkler plan for a facility within sixty (60) days of the plan being submitted by or on behalf of the facility. Any sprinkler plan for a facility submitted prior to July 1, 2004, must be reviewed and approved or disapproved by the department no later than August 1, 2004.

(e)  If the department disapproves a sprinkler plan submitted by or on behalf of a facility, that facility or the facility's contractor shall promptly resubmit the plan with any needed corrections or clarifying information. Once resubmitted, the department of health must review and approve or disapprove of the plan no later than thirty (30) days after the plan is resubmitted.

(f)  A licensed facility that is not fully sprinklered as of July 1, 2004, shall become fully sprinklered in accordance with the following compliance dates:

     (1)  If the facility provides resident care above or below the ground floor, the facility must complete installation of sprinklers within eighteen (18) months from July 1, 2004, or eighteen (18) months from the date of approval of its sprinkler plan, whichever is later.

     (2)  If the facility provides resident care only on the ground floor, the facility must complete installation of sprinklers within twenty-four (24) months from July 1, 2004, or twenty-four (24) months from the date of approval of its sprinkler plan, whichever is later.

     (3)  A facility may request that the department extend its timeframe for installation of sprinklers if the water service supplied by the local water utility or municipality is insufficient to operate the sprinkler system.

(g)  A facility not fully sprinklered as of July 1, 2004, may choose to completely replace the facility as an alternative to complying with subsection (f). If the facility elects to do so, the new facility must be constructed according to building plans that have been approved by the department of health, and must be in construction beyond the footing stage no later than six (6) years after July 1, 2004.

(h)  On and after July 1, 2004, the department of health shall not issue a license to any new facility unless that facility is fully sprinklered and provides a smoke detector in each resident room prior to licensure.

(i)  Failure to comply with this section shall be grounds for discipline or licensure action, or both, by the board pursuant to § 68-11-207. Any facility that fails to comply with the requirements and timeframes of this section may be required to appear before the board to explain its noncompliance.

(j)  At least once per year, each licensed facility shall coordinate a fire drill with its local fire department. The local fire department shall observe the fire drill and provide input to the facility relative to the fire safety of the facility.

(k)  The provisions of this section shall control to the extent that any provisions of existing law are in conflict with this section.

(l)  In order to facilitate the affordability of safety-related changes required by the provisions of this section, the department of health is authorized to establish a grant program to subsidize a portion or all of the cost of such changes for homes for the aged; provided, however, that the department may only use private donations that it receives for such purpose to fund the grants.

[Acts 2004, ch. 860, § 2.]