12VAC35-105-320. Fire inspections.

The provider shall document at the time of its original application and annually thereafter that buildings and equipment in residential service locations serving more than eight individuals are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51). This section does not apply to correctional facilities or home and noncenter-based or sponsored residential home services. The provider shall evaluate each individual and, based on that evaluation, shall provide appropriate environmental supports and adequate staff to safely evacuate all individuals during an emergency.

This change for Sponsored Residential (marked out) was unfortunately missed when the Emergency Regulations were initially released for comment. Since the release we have found differences in interpretation across the state between licensing specialists related to the new addition of Sponsored Residential. Some specialists were requiring a visit from a Fire Marshal before a Sponsored Home could be licensed. Fire Marshalls will often refuse to visit a family home, when there is an actual Fire Marshall for a locality. In many areas of the state there may be one for several counties.

The classification of all service settings within this single regulation does not appear to be appropriate. Sponsored Residential services have been excluded from this section in the past and should continue to be.

There is an additional requirement of evaluation required for each individual; however there is no notation regarding what is acceptable in terms of this evaluation  to allow for clear guidance in the responsibilities of service providers upholding this requirement.