In this era of threats of violence, shootings, fire and weather emergencies, there is a need for effective emergency evacuation plans and devices for individuals with disabilities, especially those who are non-ambulatory, and those who are cognitively impaired. The United States Government on Ready.Gov stated, “In just two minutes a fire can become life-threatening. In five minutes, a residence can, be engulfed in flames” (United States Government, 2020).
In addition, Virginia’s own State Fire Marshall, Garret L. Dyer, has recommended evacuation devices for those individuals who are non-ambulatory, in order to cut down fire evacuation times, to a survivable timeframe (2-5 minutes).
However, as of today, Virginia Medicaid does not cover emergency evacuation devices for disabled individuals (cognitively disabled, non-ambulatory, etc).
My son, (who lives in a DBHDS licensed group home), is non-ambulatory, and severely and profoundly intellectually disabled, and is currently being evacuated during fire drills using a patient lift, The patient lift is used to transfer him from his bed, to his wheelchair, in the event of a fire or other emergency when he is in bed.
This is a doable feat during the day, during a practice fire “drill”, (which has no actual smoke, flames, heat and/or loss of visibility). Even so, it can barely be accomplished during the day (within two minutes), in complete daylight, during a “pretend” fire evacuation.
However, if there is a fire at night while my son is in bed sleeping, a caregiver will have to go through the same process with his patient lift, “in the dark” with actual smoke, flames, heat and zero visibility, , which will easily exceed the two minute limit. It is not physically possible to do it any faster, as patient lifts go up and down very slowly, and attaching the sling, etc., is a complicated process, which results in multiple injuries to individuals in the best of conditions.
You may be wondering, why I would be evacuating my son in the dark? Because during a fire, the electricity is always one of the first things to fail, as electrical wires melt very easily. A fire in one room will plunge the whole dwelling or building into complete darkness, because it breaks the electrical circuit. Now, take a look at the FDA's patient lift safety guide, and imagine accomplishing this dangerous maneuver in the heat and thick smoke from a fire, or complete darkness, then you will better understand, what this entails. https://www.fda.gov/files/medical%20devices/published/Patient-Lifts-Safety-Guide.pdf
Not having an emergency evacuation device not only increases my son’s risk for a fall (from the patient lift), it significantly raises his risk of death during a house fire, or another natural disaster. Again, Medicaid does not fund emergency evacuation devices.
In addition, since a wheelchair will not roll over any type of debris, if there is some other type of flying debris generated from a natural disaster (a hurricane, a tornado, a bad storm, etc.), my son would be unable to evacuate at all.
What about all of the other individuals like my son, in multi-storied schools, whose elevators will not work during a fire, a natural disaster, or even a simple electrical outage? How will they evacuate? Will they die, like the disabled individuals in New Orleans, during Katrina? Will they die like the disabled individuals in the World Trade Center, who had no way out?
Although Title III of the ADA broadly addresses "discrimination on the basis of disability in the activities of places of public accommodation such as restaurants, movies and schools," most schools and licensed DBHDS providers, have evacuation procedures that call for a person with a disability to shelter in place in the dwelling or on the landing of a stairwell, and wait for EMS rescue.
Sheltering in place, during a house, day program, school, or group home fire, (and waiting for EMS), is not recommended for a person who is cognitively “normal”, physically healthy, or those who can walk independently, so to assume it is acceptable for my son, and those who are the most vulnerable, is an intolerable miscarriage of justice, which could very well result in the deaths of so many. The message to my son and numerous others is, “Society does not value you.”
Emergency evacuation planning should be part of each student’s IEP or 504 process. For adults in the DD Waiver, emergency evacuation planning should be a part of each individual’s ISP, and should be required to be verified by DBHDS licensing.
The plan should be person-centered, comprehensive, and individualized to fully meet the individual's needs. The NFPA has a downloadable plan, called a, “Personal Emergency Evacuation Plan” “PEEP”, which can be used. You can find it here: https://www.nfpa.org/-/media/Files/Forms-and-premiums/chklst.ashx
The plan should be attached to the IEP, 504, or the ISP.
This plan should ensure:
These devices can be used as a means of evacuating those who need a patient lift to evacuate (to their wheelchair), or those in a multi-storied residence, school, job or day programs, whose elevators will not work if there is a fire, an electrical outage, flooding, or another natural disaster. Drills must occur to ensure everyone’s safety and ability to use devices as needed.
This is an easy fix.
First, Virginia must act and change the regulations, like both California and Maryland did. This will require schools and licensed DBHDS providers to end the discrimination for those who are non-ambulatory and/or intellectually disabled.
Second, Virginia Medicaid needs to fund evacuation devices.
Link to Maryland's bill:
https://mgaleg.maryland.gov/2017RS/Chapters_noln/CH_327_hb1061t.pdf
California's bill:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB3098
Individuals who are non-ambulatory and/or cognitively disabled are in grave danger. Now is the time for Virginia to take action, before an entire day program, classroom, or group home full of non-ambulatory and/or cognitively disabled individuals perishes. Now is the time for Virginia to fund emergency evacuation devices for individuals.Thank you.
References:
In National Fire Protection Agency, 101, 2015, section 7.2.12.2.3
Safer alternative stair descent measures for transporting a person who normally requires a wheelchair, or otherwise cannot use stairs, include emergency stair travel devices designed, constructed, and operated in accordance with ANSI/RESNA ED-1, Emergency Stair Travel Devices Used by Individuals with Disabilities.
United States Access Board Required Compliance with the IBC
Evacuation plans and procedures should address the needs of all facility occupants, including those with disabilities. Mobility aids, such as emergency stair travel devices, also known as evacuation chairs, are available to transport people unable to use stairs. The Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), www.resna.org, has developed consensus Standards for emergency stair travel devices through the American National Standards Institute (RESNA ED- 1. It is important that evacuation chairs be located so that they do not obstruct required means of egress.
The Rehabilitation Act of 1973 Section 501:
Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability in Federal employment and applicants for employment. Federal agencies are required to make reasonable accommodations for qualified employees or applicants with disabilities.
Disability Discrimination & Reasonable Accommodation:
A reasonable accommodation is any change in the work environment to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Americans with Disabilities Act of 1990:
The Act prohibits discrimination against people with disabilities in employment (Title II), in public accommodations.
PART 1630—REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
Section 1630.2(o) Reasonable Accommodation: One of these is the accommodation of making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities
MARYLAND HOUSE BILL 1061:
Education – Emergency and Evacuation Plans – Individuals With Disabilities
Requiring the State Department of Education, in consultation with disability advocacy groups, to
update specified guidelines to accommodate, safeguard, and evacuate students, staff, and visitors with disabilities on public school grounds; requiring each local school system, on or before July, 2018.
Link to Maryland Bill 1061: https://mgaleg.maryland.gov/2017RS/Chapters_noln/CH_327_hb1061t.pdf
CALIFORNIA ASSEMBLY BILL 3098:
The newly passed Assembly Bill 3098 implements new emergency and disaster plan requirements for all Residential Care Facilities for the Elderly (RCFE’s) in California. Each RCFE must have an evacuation chair at each stairwell by July 2019.
Link to California Bill 3098: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB3098
United States Government (2020). Home Fires: Learn about fires. https://www.ready.gov/home-fires
Scott, Lori (2017). Emergency Evacuation Planning
for Students with Disabilities https://www.wrightslaw.com/info/emer.evac.plans.scott.htm