1. (a) All birthing center’s shall meet the appropriate chapter of NFPA 101, the appropriate chapters of the state fire code pursuant to RSA 153:5 and the appropriate chapters of the state building code.

2. (b) An emergency and fire safety program shall be developed and implemented to provide for the safety of patients and personnel in accordance with the following:

   1. (1) The birthing center shall have a telephone and extensions accessible at all times in each patient bedroom in case of emergency;

   2. (2) The birthing center shall have at least one UL listed ABC type fire extinguisher on every level or every 75 feet of corridor as required by NFPA 10 that shall:

      1. a. 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;
      2. b. Have records for manual inspection or electronic monitoring which shall be kept to demonstrate that at least 12 monthly inspections have been performed for the most recent 12-month period;
      3. c. Have annual maintenance which 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
      4. d. Have the components of the electronic monitoring device or system tested and maintained annually in accordance with the manufacturer’s listed maintenance manual;
   3. (3) An approved carbon monoxide monitor on every level;
   4. (4) The birthing center shall immediately notify the department by phone, fax, or electronic mail within 24 hours and in writing within 72 hours of any fire or emergency situation, excluding a false alarm or emergency medical services (EMS) transport for a non-emergent response, that requires either an emergency response to the birthing center or the evacuation of the licensed premises;

   5. (5) The written notification required by (4) above shall include:

      1. a. The date and time of the incident;
      2. b. A description of the location and extent of the incident, including any damage;
      3. c. A description of events preceding and following the incident;
      4. d. The name of any personnel or patients who required medical treatment as a result of the incident, if applicable;
      5. e. The name of any personnel or patients who were evacuated as a result of the incident if applicable; and
      6. f. The name of the individual the birthing center wishes the department to contact if additional information is required; and
   6. (6) The program in (b) shall be reviewed annually and revised as needed.

3. (c) For the use and storage of oxygen and other related gases, the birthing center shall comply with NFPA 99, health care facilities code including, but not limited to, the following:

   1. (1) All freestanding compressed gas cylinders shall be firmly secured to the adjacent wall or secured in a stand or rack;
   2. (2) Storage locations shall be outdoors in an enclosure or within an enclosed interior space of noncombustible or limited-combustible construction, with doors, or with gates if outdoors, that can be secured against unauthorized entry;

   3. (3) Oxidizing gases, such as oxygen and nitrous oxide, shall:

      1. a. Not be stored with any flammable gas, liquid, or vapor;

      2. b. Be separated from combustibles or incompatible materials by:

         1. 1. A minimum distance of 20 ft or 6.1 m;
         2. 2. A minimum distance of 5 ft or 1.5 m if the entire storage location is protected by an automatic sprinkler system designed in accordance with NFPA 13, standard for the installation of sprinkler systems; or
         3. 3. An enclosed cabinet of noncombustible construction having a minimum fire protection rating of 1/2 hour; and
      3. c. Shall be secured in an upright position, such as with racks or chains;
   4. (4) A precautionary sign, readable from a distance of 5 ft or 1.5 m, shall be conspicuously displayed on each door or gate of the storage room or enclosure, and shall include, at a minimum, the following: “CAUTION, OXIDIZING GAS(ES) STORED WITHIN - NO SMOKING”;
   5. (5) Precautionary signs, readable from a distance of 5 ft or 1.5 m, and with language such as “OXYGEN IN USE, NO SMOKING”, shall be conspicuously displayed wherever supplemental oxygen is in use and in aisles and walkways leading to the area of use, and shall be attached to adjacent doorways or to building walls or be supported by other appropriate means; and
   6. (6) Shall comply with NH department of transportation requirements with regard to oxygen transport, storage, and use.
4. (d) Flammable gases and liquids shall be stored in metal fire retardant cabinets.
5. (e) A written plan for fire safety, evacuation, and emergencies shall be adopted and posted in multiple locations throughout the facility.
6. (f) Evacuation drills shall include the transmission of a fire alarm signal and simulation of emergency fire condition.
7. (g) Evacuation drills shall be quarterly.
8. (h) All staff shall participate in at least 2 drills a year.
9. (i) 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.
10. (j) The facility shall conduct an evacuation drill in the presence of a representative of the department, state fire marshal’s office, or the local fire department upon request.

11. (k) All emergency and evacuation drills shall be documented and include the following information:

    1. (1) The names and titles of the personnel involved in the evacuation;
    2. (2) The number of people, including patients, personnel, and visitors involved in the evacuation;
    3. (3) The time, including AM or PM, date, month, and year the drill was conducted and if the actual fire system was used;
    4. (4) The location of the exits utilized;
    5. (5) The total time necessary to evacuate the birth center;
    6. (6) The time needed to complete the drill; and
    7. (7) Any problems encountered and corrective actions taken to rectify problems.

Source. #11161, eff 8-20-16; ss by #14074, eff 9-20-24, EXPIRES: 9-20-34 (formerly He-P 810.23)