1. (1) Definition. Board and Care facilities include a building or part thereof that is used for the lodging and boarding of four (4) or more residents, not related by blood or marriage to the owner or operator, to provide care services. Examples of facilities required to meet board and care occupancy standards are the following:

   1. (a) Mental Health Residential Facility
   2. (b) Alcohol and Drug Residential Facility

2. (2) Criteria. For the purpose of life safety, facilities required to meet Board and Care occupancy must comply with the following:

   1. (a) Applicable standards of the Life Safety Code of the National Fire Protection Association, 1985 Edition, Residential Board and Care Occupancies, Chapter 21, or equivalent standards hereafter adopted by the Office of the State Fire Marshal, and

      1. 1. Provide at least two hundred (200) square feet, gross, of occupiable space per service recipient,

   2. (i) A minor residing with their parent or guardian at the facility does not meet the definition of a service recipient.

      1. 2. Provide at least:

   3. (i) Eighty (80) square feet per service recipient bedroom space for single occupancy, or

      1. (I) A minor residing with their parent or guardian at the facility does not meet the definition of a service recipient.

   4. (ii) Sixty (60) square feet per service recipient bedroom space for multiple occupancy,

      1. 3. Not allow multiple occupancy which exceeds four (4) service recipients per bedroom, and

   5. (i) A minor residing with their parent or guardian at the facility does not meet the definition of a service recipient.

      1. 4. Equip any stairways with emergency lighting,
      2. 5. Provide emergency lighting in any corridors as means of egress,
      3. 6. Not use unvented gas heaters,
      4. 7. Use portable electric space heaters only in emergency situations, and as appropriate under fire code standards,
      5. 8. Allow the use of fireplaces only under the following conditions:
   6. (i) For recreation or therapy only,
   7. (ii) Not used as a primary source of heat,
   8. (iii) Used in activity or living rooms,
   9. (iv) Under proper supervision and in accordance with specific written fire safety procedures, and

   10. (v) Fireplaces may be installed and used only in areas other than service recipient sleeping areas, provided the fireplace is equipped with a heat- tempered glass fireplace enclosure guaranteed against breakage up to a temperature of 650 degrees Fahrenheit.

       1. 9. Allow the use of portable cooking devices in the kitchen only,
       2. 10. Document fire safety drills which shall be conducted:
   11. (i) Monthly at unexpected times and under varying conditions, and

   12. (ii) Under direct staff supervision;

       1. 11. Provide a functioning UL rated battery-operated smoke detector in each bedroom occupied by the resident and document that all smoke-detection devices are tested monthly and that batteries are changed when no longer operating, but at least yearly;
       2. 12. Provide operable 2A-10B, C multi-purpose fire extinguishers in a fixed location and readily accessible for use in the facility, and document that all fire extinguishers are properly maintained and serviced. The facility shall consult with the fire authority of jurisdiction on the number of fire extinguishers required in a particular facility and document the recommendation.
       3. 13. Document instructions to staff upon employment and service recipients upon enrollment in fire evacuation procedures;
       4. 14. Adopt and post a policy on smoking in specified areas, except that no smoking shall be allowed within residential bedrooms;
       5. 15. Suspended unit electric heaters may be used, except in means of egress and service recipient sleeping areas, provided such heaters are located high enough to be out of the reach of persons using the area and provided the heaters are equipped with appropriate safety devices and as acceptable by fire code.
       6. 16. Use extension cords only on a limited basis and under the conditions acceptable to the Office of Licensure of the department.
       7. 17. In facilities where minors are residing with parents or guardians, only the parent or guardian shall be assigned to the room where the minor resides. Facilities shall request licensure approval via waiver request for multiple occupancy if they believe their arrangement justifies such a scenario.
   13. (b) Serve only persons who require no greater level of care than personal care (as defined at 0940-05-04-.08).
   14. (c) Facilities shall maintain proper storage and safeguards for all flammable materials.

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 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. Amendments filed February 24, 2026; effective May 25, 2026.