(b) Subsequent to admission:

1. (1) For service enriched single room occupancy and congregate programs, timed drills should be used to regularly evaluate the level of evacuation capability of program residents. Translation of drill times to evacuation capability may be determined as: Evacuation capability is based on the time of day or night when evacuation of the facility would be the most difficult (i.e., sleeping residents or fewer staff present). Residents needing assistance in evacuating should be assisted by staff to the extent that assistance would be available at the time of day or night in an actual emergency.

   1. (i) three minutes or less, prompt;
   2. (ii) over three minutes but not in excess of 13 minutes, slow.
2. (2) For apartment programs, there shall be a regular re-evaluation of the resident's capacity to self preserve, which shall be documented by the program. Such reevaluation shall occur no less frequently than yearly and should also occur when there is reason to suspect changes in the resident's level of functioning.

(d) Residents and prospective residents shall only reside in or be admitted to a type of residential program appropriate to the individual's evacuation capability.

1. (1) If a resident or prospective resident is clearly capable of prompt evacuation, that individual may be admitted to or remain in any residential program of a type appropriate to his or her functional level.
2. (2) If a resident or prospective resident fails to demonstrate a capability for prompt evacuation during a fire drill, the matter should be completely documented in the fire drill log and in the resident's record. Immediate steps should be taken to relocate the resident to a location within the residence which will allow for easier egress for such time as is necessary until another fire drill can be conducted (no more than 14 days) and the resident's behavior observed again.
3. (3) If any resident or prospective resident would be excluded from a residential program because of inability to evacuate within the time limits above, an evaluation shall be conducted as described in the most current recognized edition of the National Fire Protection Association 101A, Alternative Approaches to Life Safety. Said codes are published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02269 and are available for review at the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and Certification, 44 Holland Avenue, Albany, NY 12229. If the resultant E-score yields an evacuation difficulty level of prompt, the applicant or resident shall not be excluded for failure to evacuate within the required time limit. If the resultant E-score yields an evacuation difficulty level of slow, the applicant or resident shall not be excluded solely for failure to evacuate within the required time frame from a facility that is constructed to meet the slow evacuator standards of the current recognized edition of the Life Safety Code.