1. (a) If the resident is provided unsupervised time, the adult family care provider shall complete a personal safety assessment to identify a resident's knowledge of and ability to respond to each of the following:

   1. (1) Fire;
   2. (2) Medical emergency;
   3. (3) Unsafe conditions in the home and community;
   4. (4) Abuse and exploitation;
   5. (5) Being lost in one’s community;
   6. (6) Severe weather and other natural disasters; and
   7. (7) Building maintenance problems, such as power outages.
2. (b) If the personal safety assessment determines that the resident needs assistance to respond appropriately to situations outlined in (a) above, a personal safety plan shall be developed and implemented by the resident, the adult family care provider or caregiver.

3. (c) A personal safety plan shall:

   1. (1) Identify the supports necessary for a resident to respond to each of the contingencies listed in (a) above;
   2. (2) Indicate who will provide the needed supports;
   3. (3) Describe how the supports will be activated in an emergency;
   4. (4) Indicate approval of the resident, guardian, or representative, the adult family care provider and the oversight agency prior to the resident being left alone; and
   5. (5) Be reviewed every 6 months and revised whenever there is a change in the resident’s ability to respond to the contingencies listed in the plan or the resident moves to a new AFCR.
4. (d) An emergency and fire safety plan shall be developed and implemented to provide for the safety of residents, adult family care providers and household members.

5. (e) The plan in (d) above shall:

   1. (1) Address any situation that requires evacuation of the AFCR;
   2. (2) Identify the location of all evacuation routes and exits; and
   3. (3) Provide for and assures the safe evacuation of all persons from the premises.
6. (f) Each adult family care provider shall comply with all laws and rules designed to protect life and safety in the event of a fire or other emergency.

7. (g) Prior to providing services, the adult family care provider and oversight agency shall develop a written emergency and fire safety plan that contains the following information:

   1. (1) The name and address of the AFCR;
   2. (2) The responsible oversight agency;
   3. (3) The name of the resident(s) living in the AFCR;
   4. (4) Whether 24-hour supervision is provided;
   5. (5) In the event of an emergency, the name and phone number of agency back-up;
   6. (6) The AFCR’s evacuation plan;
   7. (7) The signature of the adult family care provider; and
   8. (8) A fire safety assessment for each resident in accordance with (k) below.
8. (h) Each adult family care provider shall annually review and revise, as needed, its emergency and fire safety plan.
9. (i) Evacuation drills shall be held at varied times of day, and include all residents and all individuals in the home at the time of the drill.
10. (j) Fire drills shall be conducted at least once per month for the first 4 months after the admission of a new resident, and then every other month thereafter.
11. (k) At least 2 of the fire drills conducted annually shall be conducted during the night, the first of which shall occur within the first 4 months after the admission of a new resident. Night time fire drills shall be conducted between the hours of 10 p.m. and 6 a.m. EST.

12. (l) When a new resident moves into the AFCR, the AFCR shall:

    1. (1) Conduct monthly drills until all residents have evacuated the premises in 3 minutes or less for 4 consecutive monthly drills; and
    2. (2) Thereafter conduct drills every other month.

13. (m) The adult family care provider shall maintain a report of each fire drill conducted, which includes:

    1. (1) The names of the residents, household members, and other individuals involved;
    2. (2) The time, day, month, and year the drill was conducted;
    3. (3) The exits utilized;
    4. (4) The total time required to evacuate the AFCR; and
    5. (5) Any problems encountered and corrective actions taken to rectify problems.
14. (n) A fire safety assessment to review a resident’s ability to evacuate the building with or without assistance within 3 minutes shall be completed by the adult family care provider within 5 days of the resident’s move into an AFCR.

15. (o) The fire safety assessment shall:

    1. (1) Be based on an actual evacuation drill conducted at the residence; and

    2. (2) Include the following individual risk factors:

       1. a. Response to alarm;
       2. b. Response to instruction;
       3. c. Vision and hearing;
       4. d. Impaired consciousness;
       5. e. Mobility;
       6. f. Resistance to evacuation;
       7. g. The resident’s ability to independently exit and complete the evacuation from the house;
       8. h. Whether the resident is capable of choosing a backup strategy; and
       9. i. Whether the resident would be able to stay at a designated meeting point.
16. (p) The fire safety assessment shall indicate the date completed and signature of the person documenting the resident’s risk factors.

17. (q) For each resident unable to evacuate within 3 minutes, a fire safety plan shall be developed and approved by the resident or representative, case manager, adult family care provider and the oversight agency that identifies:

    1. (1) The cause(s) for such inability;
    2. (2) The specific assistance needed by the resident from the adult family care provider; and
    3. (3) Specific actions that the resident shall take to reduce the evacuation time to 3 minutes or less.

Source. #8595, eff 4-1-06; ss by #9899-A, eff 3-29-11 (from He-P 813.21); ss by #12740, INTERIM, eff 3-20-19, EXPIRED: 9-16-19 New. #12934, eff 12-6-19