SB3187

SECTION 1. The legislature finds that the State faces a crisis in long-term care for Hawaii's elderly and that the State lacks adequate long-term care infrastructure to meet elder needs. The task force convened under Senate Concurrent Resolution No. 144 S.D.1 (2006) was directed to develop a long-term care infrastructure plan for Hawaii to ensure public safety while supporting aging in place. That task force recommended amendments to the International Building Code relating to physical assistance in evacuation for residents in assisted living facilities or similar facilities.

The purpose of this Act is to implement the recommendation of the task force to amend the International Building Code relating to physical assistance in evacuation for residents in assisted living facilities or similar facilities and to extend the life of the task force for one year until June 30, 2009.

SECTION 2. (a) The state building code council shall amend the International Building Code, 2006 edition, relating to physical assistance in evacuation for residents in assisted living facilities or similar facilities by inserting the following amendments:

(1) To be inserted facing page 35:

"308.1 Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than five residents on a 24-hour basis, who because of age, mental disability, or other reasons, live in a supervised residential environment that provides personal care services. The occupants participate in fire drills and are considered capable of assisted self-preservation. Facilities with residents who require additional help beyond assisted self‑preservation criteria shall reside on the first floor in all Type III, IV, and V construction, or shall be classified as Group 1-2. This group shall include, but not limited to the following:

Residential Board and Care Facility

Assisted Living Facility

Halfway Houses

Group Homes

Social Rehabilitation Facilities

Alcohol and Drug Centers

Convalescent Facilities

A facility such as above with 6-16 residents shall meet the requirements for construction as defined for Group R-3 except as otherwise provided for in this code or shall comply with the residential code in accordance with Section 101.2.

308.3 Group I-2. This occupancy shall include buildings and structures used for medical, surgical psychiatric, nursing, health, or custodial care for persons who are not capable of self‑preservation. This occupancy shall also include building structures used for personal care whose residents are considered not capable of assisted self-preservation. This group shall be limited to the following:

Hospitals

Nursing Homes

Mental Hospitals

Detoxification Facilities

Ambulatory Health Care Centers

Specialized, Alzheimer's Facilities or areas

Personal Care Residencies (with residents not capable of assisted self-preservation)

A facility such as above with five or fewer persons shall be classified as Group R-3 or shall comply with the residential code in accordance with Section 101.2."

(2) To be inserted facing page 36:

"R-4 Residential occupancies shall include buildings arranged for residential care assisted living occupancies and other personal care occupancies housing more than five residents, all of which are capable of responding to an emergency situation without any physical assistance from staff.

Group R-4 occupancies with 6-16 residents shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code, or shall comply with the residential code.

Section 310.2

ASSIGNED SELF-PRESERVATION is a term used for personal care I-1 occupancies. It is the ability of a resident to respond to an emergency situation and exit a building to a point of safety mostly on their own or with some physical assistance from staff. Residents who require guiding or directing, who are considered slow to very slow, or who may receive intermittent assistance are considered capable of assisted self-preservation. Residents who require more than intermittent nursing care are considered not capable of assisted self-preservation. Residents who are not self starting, are considered beyond very slow, or who require assistance by more than one staff in exiting are all considered not capable of assisted self-preservation.

POINT OF SAFETY is a term used for I-1 occupancies. At least one point of safety is required. Each point of safety shall provide a minimum of 10 square feet (0.93 m²) of refuge area for each building occupant and shall be one of the following:

1. A point exterior to, and not less than 50 feet away from, the building which shall be provided with access to a public way;

2. A public way; or

3. A point within a building that is protected throughout by an approved automatic sprinkler system and is either:

Within a vertical exit enclosure construction per Chapter 10; or

Within another portion of the building that is separated by a smoke barrier or horizontal exit that is also built to smoke barrier requirements and that portion of the building has access to an exit."

(3) To be inserted as page 72A:

"419.4 Group I-1 Assisted Living. Group I-1 Assisted Living Facilities with over 16 residents shall comply with the provisions of this section.

419.1 Building Height. Buildings shall not exceed one story in Type VB construction, two stories in Types 11B, III, IV, and VA construction, and three stories in Type IIA construction. Other construction type limitations on stories shall be limited by the provisions of Chapter 5.

419.2 Smoke Barriers. Smoke barriers shall be provided to subdivide every story used by residents for sleeping or treatment into at least two smoke compartments with not more than 16 residents per smoke compartment and not more than 150' of travel distance. Smoke compartments shall be in accordance with Section 709."

(4) To be inserted facing page 175:

"Section 903.2.3 Group I. An NFPA 13 automatic sprinkler system shall be provided throughout buildings with a Group I fire area.

Exceptions:

1. An NFPA 13R automatic sprinkler system shall be installed in accordance with Section 903.1.2 in 1-I occupancies with 6-16 residences in the facility."

(5) To be inserted facing page 567:

"3401.3.1 Group I-1 Existing Assisted Living Automatic Sprinkler System Requirements.

1. Existing facilities with over 5 residents shall be provided throughout with an NEPA 13R automatic sprinkler system, when there are residents requiring and categorized as being capable of assisted self preservation, residing above the level of exit discharge.

2. Existing facilities with over 16 residents shall conform to the requirements for Group I-2, except for the 8' corridor and 44" door width requirements, when there are residents who are considered not capable of assisted self preservation, residing above the level of exit discharge."

(b) No county may amend or repeal any of the amendments to the International Building Code set forth under subsection (a). Any county amendment contrary to this subsection shall be void as against public policy.

SECTION 3. The task force convened under Senate Concurrent Resolution No. 144 S.D.1 (2006) shall be extended until June 30, 2009.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3187
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII