SECTION 340:110-3-165. Construction and fire safety

  The requirements in this Section establish minimum construction and fire safety requirements for residential child care facilities, which are enforced by the State Fire Marshal.

(1)   Approval of residential facilities. The Office of the State Fire Marshal is responsible for approval of all residential child care facilities.

(A)   Current state-adopted codes [74 O.S § 317 through 324.21] are enforced for all new construction including additions or major alterations of existing licensed facilities and conversion of buildings not previously licensed as residential child care facilities.

(B)   Licensed facilities in operation on the effective date of these regulations comply with the construction and fire safety codes applicable to the issuance of their license.

(C)   Clarification regarding codes and enforcement is available from the Office of the State Fire Marshal.

(2)   Minimum construction requirements. The facility complies with the construction requirements described in (A) - (E) of this subsection.

(A)   Architectural plans are submitted to and approved by Licensing Services and the State Fire Marshal or designee before proceeding with construction.

(B)   When choosing the site for new construction, special consideration is given to available water for fire fighting and access to all areas of the building for rescue.

(C)   Facilities meet local building, electrical, plumbing, and fire prevention codes. In localities where a building code or Life Safety Code does not exist, construction conforms to the current state-adopted codes.

(D)   Building separation and property line setbacks meet requirements of local ordinances. In the absence of such ordinances, the state adopted building code applies.

(E)   A mobile home, whether mobile or permanently situated, is not permitted as a residential child care facility.

(3)   Administration. The facility complies with the requirements contained in (A) - (E) of this subsection.

(A)   Fire protection plan. The facility has a written fire protection plan for all persons in the event of fire and evacuation from the building. The plan is the basis of regular fire drills and includes procedures followed under all specific types of emergencies.

(i)   All supervisory personnel have a copy of the facility's fire protection plan.

(ii)   Each employee is familiar with locations and use of portable fire extinguishers.

(iii)   Each staff member is familiar with evacuation procedures and routes.

(B)   Evacuation plan. Evacuation plans are posted in prominent locations on all floors in each building.

(C)   Emergency numbers. Emergency telephone numbers are conspicuously posted at the telephone.

(D)   Housekeeping. The facility:

(i)   prohibits areas under stairs from being used for combustible storage; and

(ii)   ensures that accumulations of papers or trash are removed from the building as soon as possible.

(4)   Exits. The residential child care facility complies with the requirements pertaining to exits described in (A) - (B) of this paragraph.

(A)   Exits are not blocked.

(B)   Means of exit are adequately lighted by natural or electric light at all times to permit safe evacuation of occupants.

(5)   Fire protection equipment. Equipment is installed and maintained as required by codes adapted by the Office of the State Fire Marshal.

(A)   Smoke detectors. The residential child care facility has operable smoke detectors located according to NFPA 72 as adapted by the state fire marshal. The detector is powered by battery, alternating current, or other power source. Upon inspection, a battery operated detector found inoperable is replaced immediately with an operable system. For facilities licensed after October 1, 2001 a hard-wired system is installed.

(B)   Fire extinguishers. Fire extinguishers are provided in accordance with current adapted NFPA standard #10 "Portable Fire Extinguisher."

(i)   All fire extinguishers are inspected, serviced, and tagged annually by a trained individual.

(ii)   Disposable fire extinguishers are prohibited.

(6)   Maintenance of equipment. All safety equipment, including emergency lighting, commercial stove hoods, sprinkler systems, and any other required safety equipment, is maintained in compliance with current codes or manufacturer's instructions.

(7)   Interior. The interior of the facility complies with the requirements contained in (A) - (F) of this subsection.

(A)   Changes to interior finish or floor covering meet current codes regarding flame spread rating.

(B)   Furnishings or decorations with an explosive or highly flammable characteristic are prohibited.

(C)   Use of open-face space heaters, unvented space heaters, and portable heating devices is prohibited.

(D)   Heaters, including floor furnaces, are enclosed by a guard when necessary to protect children from hot surfaces.

(E)   The use of temporary wiring or extension cords as permanent wiring is strictly prohibited. Extension bars are acceptable if there is documentation that a circuit breaker or fuse is built into the unit.

(F)   Electrical outlets, which are not in use, are covered with safety devices when children under five years of age are in care.

(8)   Exterior. Exterior areas are free of trash and tall grass.

[Source: Amended at 10 Ok Reg 3663, eff 7-12-93; Amended at 18 Ok Reg 3331, eff 10-1-01 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 26 Ok Reg 2239, eff 7-1-09]