1. A. The Department shall issue to an applicant or licensee:

   1. 1. A fire risk prevention level 1 group home or behavioral-supported group home license if the group home or behavioral-supported group home meets the requirements in subsections (B) through (G); and
   2. 2. A fire risk prevention level 2 group home or behavioral-supported group home license if the group home or behavioral-supported group home meets the requirements in subsections (B) through (H).

2. B. A licensee shall ensure that the premises are in compliance with all applicable state and local fire safety regulations and that:

   1. 1. Before a license is issued or renewed, a fire inspection is conducted by the local fire department, the Department, or an entity authorized by the Department;
   2. 2. Any repair or correction stated in a fire inspection report is made or corrected according to the requirements and time in the fire inspection report; and
   3. 3. A current fire inspection report is available for review at the group home or behavioral-supported group home.
3. C. A licensee shall ensure that the facility has at least one working, portable, all-purpose fire extinguisher labeled as rated at least 2A-10-BC by Underwriters Laboratories, or two co-located working, portable, all-purpose fire extinguishers labeled as rated at least 1A-10-BC by Underwriters Laboratories, installed and maintained in the facility as prescribed by the manufacturer or the fire authority having jurisdiction.

4. D. A licensee shall ensure that a fire extinguisher:

   1. 1. Is either:

      1. a. Disposable and has a charge indicator showing green or “ready” status; or
      2. b. Serviced at least once every 12 months by a fire extinguisher technician certified by the National Fire Protection Agency, the International Code Council, or Compliance Services and Assessments; and

   2. 2. If serviced, is tagged specifying:

      1. a. The date of purchase or the date of recharging, whichever is more recent; and
      2. b. The name of the organization performing the service, if applicable.

5. E. A licensee shall ensure that smoke detectors are:

   1. 1. Working and audible at a level of 75db from the location of each bed used by a resident in the facility;
   2. 2. Capable of alerting all residents in the facility, including a resident with a mobility or sensory impairment;
   3. 3. Installed according to the manufacturer’s instructions;

   4. 4. Located in at least the following areas:

      1. a. Each bedroom;
      2. b. Each room or hallway adjacent to a bedroom, except a bathroom or a laundry room; and
      3. c. Each room or hallway adjacent to the kitchen, except a bathroom, a pantry, or a laundry room; and

   5. 5. If the licensee has been cited more than once in the previous four years under subsections (E)(1) through (4), either:

      1. a. Hard-wired to the electrical system of the group home or behavioral-supported group home with a battery backup; or
      2. b. Connected to an early-warning fire detection system required in subsection (H)(2), if applicable.
6. F. A licensee shall ensure that each bedroom has at least one functional openable window or door to the outside for use as an emergency exit.

7. G. A licensee shall ensure that:

   1. 1. A usable fireplace is covered by a protective screen or covering at all times; and
   2. 2. Combustible or flammable materials are not stored within three feet of a furnace, heater, water heater, or usable fireplace.

8. H. A licensee of a fire risk prevention level 2 group home or behavioral-supported group home shall ensure that:

   1. 1. The facility contains an emergency lighting system that:

      1. a. Works without in-house electrical power,
      2. b. Illuminates the path of evacuation, and
      3. c. Is inspected at least once every 12 months by the manufacturer or an entity that installs and repairs emergency lighting systems;

   2. 2. The facility has an early-warning fire detection system that:

      1. a. Is safety-approved;
      2. b. Is hard-wired or connected wirelessly, with battery back-up;
      3. c. Sounds every alarm in the facility when smoke is detected;
      4. d. Is installed in each bedroom, each room or each hallway adjacent to a bedroom, and each room or each hallway adjacent to a kitchen; and
      5. e. Is inspected at least once every 12 months by the manufacturer or by an entity that installs and repairs early-warning fire detection systems;

   3. 3. The facility has one of the following:

      1. a. Sufficient staff on duty to evacuate all residents present at the facility within three minutes or, if applicable under R9-33-201(D), within five minutes; or

      2. b. An automatic sprinkler system installed according to the applicable standard incorporated by reference in A.A.C. R9-1-412 and installed according to NFPA 13, NFPA 13R, or NFPA 13D, as applicable, that:

         1. i. Covers every room in the facility; and
         2. ii. Is inspected at least once every 12 months by the manufacturer or by an entity that installs and repairs automatic sprinkler systems; and

   4. 4. Documentation is available at the facility for two years after the date of an inspection:

      1. a. For:

         1. i. The emergency lighting system inspection required in subsection (H)(1)(c);
         2. ii. The early-warning fire detection system inspection required in subsection (H)(2)(e); and
         3. iii. If applicable, the automatic sprinkler system required in subsection (H)(3)(b)(ii); and

      2. b. That includes:

         1. i. The date of the inspection,
         2. ii. The name of the entity performing the inspection,
         3. iii. A tag on the system or a written report of the results of the inspection, and
         4. iv. A description of any repairs made to the system as a result of the inspection.

Historical Note

New Section made by final rulemaking at 8 A.A.R. 910, effective February 11, 2002 (Supp. 02-1). Amended by final rulemaking at 18 A.A.R. 3295, effective February 3, 2013 (Supp. 12-4). Amended by exempt rulemaking at 30 A.A.R. 2045 (June 14, 2024), effective July 1, 2024 (Supp. 24-2).