1. (a) The facility shall meet one of the following appropriate chapters and sections of the adopted state fire code and state building code:

   1. (1) Residential board and care occupancies for facilities in which the residents are capable of self-preservation;
   2. (2) Health care occupancy for facilities or portions of a facility in which the residents are not capable of self-preservation; or
   3. (3) If the building is being designed as a mixed-use facility, a portion of residents are capable of self-preservation and another portion the residents are not capable of self-preservation, then the areas shall be appropriately separated into their use groups as defined under the state fire code and state building code.

2. (b) The facility shall have:

   1. (1) Smoke detectors on every level and in every bedroom that are interconnected and either hardwired, powered by the SRHCF’s electrical service, or wireless, as approved by the state fire marshal for the facility;

   2. (2) At least one UL listed, ABC type portable fire extinguisher, with a minimum rating of 2A-10BC installed on every level of the building, and which meet the following requirements:

      1. a. Maximum travel distance to each extinguisher shall not exceed 50 feet;
      2. b. Be inspected either manually or by means of an electronic monitoring device or system at least once per calendar month, at intervals not exceeding 31 days;
      3. c. Records for manual inspection or electronic monitoring shall be kept to demonstrate that at least 12 monthly inspections have been performed for the most recent 12-month period;
      4. d. Annual maintenance shall be performed on each extinguisher by trained personnel, and each extinguisher shall have a tag or label securely attached that indicates that maintenance was performed; and
      5. e. The components of the electronic monitoring device or system shall be tested and maintained annually in accordance with the manufacturer’s listed maintenance manual; and
   3. (3) An approved carbon monoxide monitor on every level.
3. (c) A written emergency and fire safety program shall be developed and implemented to provide for the safety of residents and personnel.
4. (d) Immediately following any fire or emergency situation, licensees shall notify the department by phone to be followed by written notification within 72 hours, with the exception of a false alarm or emergency medical services (EMS) transport for a non-emergent reason.

5. (e) The written notification required by (d) above shall include:

   1. (1) The date and time of the incident;
   2. (2) A description of the location and extent of the incident, including any injury or damage;
   3. (3) A description of events preceding and following the incident;
   4. (4) The name of any personnel or residents who were evacuated as a result of the incident, if applicable;
   5. (5) The name of any personnel or residents who required medical treatment as a result of the incident, if applicable; and
   6. (6) The name of the individual the licensee wishes the department to contact if additional information is required.

6. (f) If the licensee has chosen to allow smoking, a designated smoking area shall be provided which has, at a minimum:

   1. (1) A dedicated ventilation system, so that smoke or odors cannot escape or be detected outside the designated smoking room;
   2. (2) Walls and furnishings constructed of non-combustible materials;
   3. (3) Metal waste receptacles and safe ashtrays; and
   4. (4) Is in compliance with the requirements of RSA 155:64–77.
7. (g) A copy of the fire safety plan including fire drill actions shall be made available to and reviewed with the resident, guardian, personal representative, or agent, at the time of admission and a summary of the resident’s responsibilities shall be provided to the resident. Each resident shall receive an individual fire drill walk-through within 5 days of admission, as appropriate.

8. (h) The fire safety plan shall be reviewed and approved as follows:

   1. (1) A copy of the fire safety plan shall be made available, annually and whenever changes are made, to the local fire chief for review and approval;
   2. (2) The local fire chief shall give written approval initially to all fire safety plans; and
   3. (3) If changes are made to the plan, they shall be submitted to the local fire chief for review and approval, as appropriate, prior to the change.

9. (i) Fire drills shall be conducted as follows:

   1. (1) For buildings constructed to the Residential Board and Care or One and Two Family Dwelling chapters of the life safety code (NFPA 101), the following shall be required:

      1. a. The administration of every residential board and care facility shall have, in effect and available to all supervisory personnel, written copies of a plan for protecting all persons in the event of fire, for keeping persons in place, for evacuating persons to areas of refuge, and for evacuating persons from the building when necessary;
      2. b. Residents shall be trained to assist each other in case of fire or emergency to the extent that their physical and mental abilities permit them to do so, without additional personal risk;
      3. c. All SRHCF facilities shall conduct fire drills not less than 6 times per year on a bimonthly basis, with not less than 2 drills conducted during the night when residents are sleeping. Actual exiting from windows shall not be required, however opening the window and signaling for help shall be an acceptable alternative;
      4. d. The drills shall involve the actual evacuation of all residents to an assembly point, as specified in the emergency plan, and approved by the department and the local fire authority based on construction of the building and shall provide residents with experience in egressing through all exits and means of escape;

      5. e. Facilities shall complete a written record of fire drills that includes the following:

         1. 1. The date and time, including AM or PM, the drill was conducted and if the actual fire alarm system was used;
         2. 2. The location of exits used;
         3. 3. The number of people, including residents, personnel, and visitors, participating at the time of the drill;
         4. 4. The amount of time taken to completely evacuate the facility;
         5. 5. The name and title of the person conducting the drill;
         6. 6. A list of problems and issues encountered during the drill;
         7. 7. A list of improvements and resolution to the issues encountered during the fire drill; and
         8. 8. The names of all staff members participating in the drill;
      6. f. At no time shall a staff member who has not participated in a fire drill be the only staff member on duty within the facility;
      7. g. The fire drills for facilities shall be permitted to be announced, in advance, to the residents just prior to the drill; and
      8. h. Evacuation drills shall include the transmission of a fire alarm signal, and simulation of emergency fire conditions;

   2. (2) For facilities originally constructed to meet the Health Care Occupancy chapter of the life safety code, NFPA 101 or have been physically evaluated, renovated, and approved by a New Hampshire licensed fire protection engineer, the NH state fire marshal’s office, and the department to meet the Health Care Occupancy chapter, the following shall be required:

      1. a. The facility shall develop a fire safety plan, which provides for the following:

         1. 1. Use of alarms;
         2. 2. Transmission of alarms to fire department;
         3. 3. Emergency phone call to fire department;
         4. 4. Response to alarms;
         5. 5. Isolation of fire;
         6. 6. Evacuation of immediate area;
         7. 7. Evacuation of smoke compartment;
         8. 8. Preparation of floors and building for evacuation;
         9. 9. Extinguishment of fire; and
         10. 10. Written emergency telephone numbers for key staff, fire and police departments, poison control center, 911, and ambulance service(s);
      2. b. Fire drills shall be conducted quarterly on each shift to familiarize facility personnel including, but not limited to, medical personnel, maintenance engineers, and administrative staff, with the signals and emergency action required under varied conditions;
      3. c. Evacuation drills shall include the transmission of a fire alarm signal and simulation of emergency fire conditions;
      4. d. When drills are conducted between 9:00 p.m. and 6:00 a.m., a coded announcement shall be permitted to be used instead of audible alarms;

      5. e. Buildings that have a shelter in place, also known as defend in place, shall:

         1. 1. Have the plan approved by the department and their local fire official;
         2. 2. Be constructed to meet the Health Care Occupancy chapter of the life safety code; and
         3. 3. Require all personnel, residents, and visitors to evacuate to the identified assembly point during drills to ensure that residents shall be given the experience of evacuating to the appropriate location or exiting through all exists;

      6. f. Facilities shall complete a written record of fire drills and include the following:

         1. 1. The date and time, including AM or PM, the drill was conducted and if the actual fire alarm system was used;
         2. 2. The location of exits used;
         3. 3. The number of people, including residents, personnel, and visitors, participating at the time of the drill;
         4. 4. The amount of time taken to completely evacuate the facility, evacuate to an approved area of refuge, or evacuate through a horizontal exit;
         5. 5. The name and title of the person conducting the drill;
         6. 6. A list of problems and issues encountered during the drill;
         7. 7. A list of improvements and resolution to the issues encountered during the fire drill;
         8. 8. The names of all staff members participating in the drill; and
         9. 9. Written records of the fire drills shall be maintained on site and available to the department during an inspection or investigation conducted in accordance with RSA 151:6 and RSA 151:6-a; and
      7. g. At no time shall a staff member who has not participated in a fire drill be the only staff member on duty within the facility; and
   3. (3) The facility shall conduct a fire drill in the presence of a representative of the department, state fire marshal’s office, or the local fire department upon request.

Source. #8746, eff 10-25-06; ss by #10813, eff 4-21-15; ss by #13333, eff 1-25-22; ss by #14358, eff 8-28-25, EXPIRES: 8-28-35 (formerly He-P 805.25)