Original Notice.

Preproposal statement of inquiry was filed as WSR 99-18-015.

Title of Rule: Dementia care units in licenses boarding homes, WAC 388-78A-335.

Purpose: This rule is being amended to provide eligible boarding homes time to apply for grant funding for retrofitting boarding homes with fire sprinklers. It will also allow time for a comprehensive review of fire safety regulations in boarding homes, prior to implementing a requirement to retrofit all existing dementia care units with fire sprinklers.

Other Identifying Information: The responsibility for establishing and enforcing fire protection standards in boarding homes rests with the State Fire Marshal, Fire Protection Bureau in the Washington State Patrol. The State Fire Marshal plans on reviewing all fire protection standards in boarding homes and may address under what conditions fire sprinklers should be required.

Statutory Authority for Adoption: RCW 18.20.090.

Statute Being Implemented: Chapter 18.20 RCW.

Summary: This amendment would permit existing approved dementia care units in boarding homes that do not have fire sprinklers to continue to operate without fire sprinklers until June 30, 2002. This amendment would not change the requirement: That all new dementia care units that are approved for construction, regardless of the size of the facility, need to install fire sprinklers; that all existing dementia care units must meet the fire and life safety requirement according to the applicable Washington State Building Code; that as of January 1, 2000, all existing dementia care units equipped with doors that restrict egress, provide the doors with automatic locking and unlocking devices that release automatically when the fire alarm is activated or power to the building is lost or when an emergency override switch is used; that existing dementia care units have specified construction features beneficial to residents with dementia.

Reasons Supporting Proposal: Licensing regulations are enforced by Aging and Adult Services Administration (AASA) staff, not the State Fire Marshall; it is the statutory duty of the State Fire Marshal to establish and enforce fire safety standards in boarding homes; fire safety regulations for boarding homes will be undergoing a comprehensive review by the State Fire Marshal and it is better to delay a licensing regulation related to fire safety if it can be developed and enforced by the State Fire Marshal; and some boarding homes may be eligible to obtain grant funding for retrofitting with fire sprinklers.

Name of Agency Personnel Responsible for Drafting: Denny McKee, AASA, 600 Woodland Square Loop S.E., Lacey, WA 98503, (360) 407-0120; Implementation and Enforcement: Patricia Lashway, AASA, 600 Woodland Square Loop S.E., Lacey, WA 98503, (360) 493-7901.

Name of Proponent: Department of Social and Health Services, Aging and Adult Services Administration, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: AASA is responsible for enforcing boarding home licensing regulations.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment would postpone the date that boarding homes with dementia care units would be required to install fire sprinklers in dementia care units. The date would be changed from January 1, 2000, to June 30, 2002. This amendment also clarifies that doors with restricted egress may remain secured if the building was operating under a secondary power source. This amendment may allow eligible boarding homes an opportunity to apply for a grant to help pay for the costs of retrofitting the facility with fire sprinklers. It will also provide time for the State Fire Marshal and DSHS to complete a review of fire safety regulations.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. AASA has analyzed its proposed rule amendments and concludes that they do not impose any new costs on the businesses regulated by them. Consequently, the preparation of a small business economic impact statement is not required.

RCW 34.05.328 applies to this rule adoption. Since the proposed rules "make significant amendments to a policy or regulatory program," AASA has determined that the proposed rules are "significant legislative rules" as defined by the legislature.

Therefore, as required by RCW 34.05.328 (1)(c), AASA has analyzed the probable costs and probable benefits of the proposed rules taking into account both the qualitative and quantitative benefits and costs. The analysis revealed no new costs will be imposed by the rules but several benefits will result if they are adopted. Those benefits include:

•	Complying with Executive Order 97-02 and its regulatory improvement mandate to clarify and simplify agency rules whenever possible;
•	Possibly avoiding confusion and enforcement redundancy by delaying the retrofitting of sprinkler systems for existing dementia care units until the State Fire Marshal's office has completed the study requested by the governor and their comprehensive review of all boarding home fire safety regulations.
•	Allowing eligible boarding homes an opportunity to apply for a grant to help pay for the costs of retrofitting the facility with fire sprinklers.

Aging and Adult Services Administration concludes that the probable benefits of the proposed amendments exceed their probable costs. AASA has complied with the appropriate sections of the Administrative Procedure Act and is prepared to proceed with the rule filing.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 7, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 24, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by December 7, 1999.

Date of Intended Adoption: December 14, 1999.

October 26, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(1) If a licensee accepts residents with dementia care needs, the licensee ((shall))must:

(a) Provide qualified staff, present at all times, to care for and supervise residents with dementia care needs including:

(i) Dressing, grooming and personal hygiene;

(ii) Eating;

(iii) Orientation and activities;

(iv) Ensuring the safety of all residents; and

(v) Assisting residents during an emergency; and

(b) Take one or more of the following measures to prevent wandering from the boarding home:

(i) Staff sufficient to monitor and care for residents with dementia care needs;

(ii) An alarm and monitoring system to alert staff when a resident exits the building or enclosed outdoor area; or

(iii) A dementia care unit meeting the standards described in subsection (2) of this section.

(2) A licensee providing a dementia care unit shall, except as provided in subsection (4) of this section:

(a) Assure the dementia care unit meets the fire and life safety requirements for boarding homes according to the Washington State Building Code;

(b) Provide a room which may be used for dining, socializing and recreation;

(c) Design floor and wall surfaces in such a way to augment resident orientation;

(d) Provide slip-resistant floors free of abrupt changes;

(e) Provide access to a secured outdoor space with:

(i) Walls or fences at least seventy-two inches high;

(ii) Walking surfaces that are firm, stable, slip-resistant and free from abrupt changes;

(iii) Outdoor furniture; and

(iv) Nontoxic plants;

(f) Provide an approved supervised automatic fire detection system and supervised automatic sprinkler system electrically interconnected with the fire alarm system;

(g) If exiting doors restrict egress, provide automatic locking and unlocking exiting doors from the dementia care unit, which:

(i) Release automatically when:

(A) The fire alarm is activated;

(B) ((Primary)) Power to the building is lost; and

(C) An override switch is used in case of emergency;

(ii) Are equipped with alarms;

(iii) Have directions for lock releasing devices posted by doors and accessible to residents; and

(iv) Are approved for use by the local official enforcing the Uniform Building Code and the Uniform Fire Code prior to approval by the Washington state director of fire protection.

(3) A licensee shall obtain written consent from a resident, or if the resident is unable to give informed consent as defined in RCW 11.88.010 (1)(e), from an individual as set forth in RCW 7.70.065, prior to placing the resident in a dementia care unit.

(4) A licensee using a dementia care unit as of August 1, 1994, shall:

(a) Assure the unit is designed and maintained for safe and adequate care of residents; ((and))

(b) Meet the requirements in subsection (2)(a), (b), (c), (d), (e), and (g) of this section upon construction of a new dementia care unit or January 1, 2000, whichever occurs first; and

(c) Meet the requirements in subsection (2)(f) of this section upon construction of a new dementia care unit or June 30, 2002, whichever occurs first.

[Statutory Authority: RCW 18.20.240.  98-20-021, recodified as § 388-78A-335, filed 9/25/98, effective 9/25/98. Statutory Authority: RCW 18.20.090.  94-13-180, § 246-316-335, filed 6/21/94, effective 7/22/94.]

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