1. (1) Definition. Health Care Occupancies are those used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease, or infirmity; and for the care of infants, convalescents, or infirm aged persons. Health Care Occupancies provide sleeping facilities for the occupants or are occupied by persons who are mostly incapable of self-preservation because of age, physical or mental disability, or because of security measures not under the occupants’ control. Examples of facilities required to meet health care occupancy standards are the following:

   1. (a) Mental Health Hospital Facility
   2. (b) Crisis Stabilization Facility
   3. (c) Any residential facility serving four (4) or more persons who are not capable of self- preservation and any non-residential facility serving four (4) or more persons six (6) years of age or older who are not capable of self-preservation (as defined at 0940-05- 04-.10). For the purposes of occupancy rating, minor individuals residing with parents shall not count towards persons who are not capable of self-preservation.
2. (2) Criteria. For the purpose of life safety, facilities required to meet Health Care Occupancies must comply with the applicable standards of the Life Safety Code of the National Fire Protection Association, 1985 Edition, Health Care Occupancies, Chapter 12 (new) or Chapter 13 (existing) or equivalent standards hereafter adopted by the Office of the State Fire Marshal.

Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, and 33-2-404. Administrative History: Original rule filed November 16, 1978; effective January 1, 1979. Amendment filed February 1, 1979; effective March 17, 1979. Amendment filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed June 30, 1986; effective July 30, 1986. Amendment filed October 14, 1986; effective November 28, 1986. Amendment filed March 19, 1996; effective June 2, 1996. Amendments filed February 24, 2026; effective May 25, 2026.