HB693 (2009) Detail

Relative to emergency generators in residential care facilities.


HB 693 – AS INTRODUCED

2009 SESSION

09-1010

05/09

HOUSE BILL 693

AN ACT relative to emergency generators in residential care facilities.

SPONSORS: Rep. Bridle, Rock 15; Rep. Stiles, Rock 15; Rep. Nevins, Rock 15

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill requires residential care facilities with 25 or more residents to have and maintain an emergency generator. The bill also requires assisted living facilities, independent living communities, and housing for older persons to inform residents of the type and location of any generator maintained by the community.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-1010

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to emergency generators in residential care facilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Residential Care Facility; Emergency Generator Required. Amend RSA 151 by inserting after section 9-b the following new section:

151:9-c Residential Care Facility; Emergency Generator.

I. Except as otherwise provided in paragraph VI, each residential care facility, as defined in RSA 151:2, I(e), that provides services to 25 or more individuals shall install and maintain an emergency generator on the premises.

II.(a) In the event of failure of the normal electric service, the emergency generator shall be activated immediately and shall come to full speed and load acceptance within 10 seconds. The emergency generator shall have the capability of 48 hours of operation from fuel stored on-site.

(b) The facility shall test the emergency generator at least once each month for a minimum of 30 minutes and shall record test results in a permanent log book maintained for that purpose.

III. The emergency generator shall provide lighting in the following areas of the facility:

(a) Areas of egress and protection, as required by the state fire code and approved by the state fire marshal.

(b) Nurses’ station, if any.

(c) Drug distribution station or unit dose station, if any.

(d) An area for emergency telephone use.

(e) Boiler or mechanical room.

(f) Kitchen.

(g) Emergency generator location and switch gear location.

(h) Elevator, if operable on emergency power.

(i) Areas where life support equipment is used, if any.

(j) If applicable, common areas or areas of refuge; and

(k) If applicable, toilet rooms of common areas or areas of refuge.

IV. The emergency generator shall provide electrical power for the following:

(a) Nurses’ call system, if any.

(b) At least one telephone in order to make and receive calls.

(c) Fire pump.

(d) Sewerage pump and sump pump.

(e) If required for evacuation purposes, an elevator.

(f) If necessary, heating equipment needed to maintain a minimum temperature of 70 degrees Fahrenheit (24 degrees Celsius) in all common areas or areas of refuge.

(g) Life support equipment, if any.

(h) Nonflammable medical gas systems, if any.

V.(a) If the emergency generator does not provide heat to all patient rooms or toilet rooms in the event of a loss of electricity from the main source of power, the facility shall provide common areas or areas of refuge for all patients.

(b) The department shall adopt rules under RSA 541-A regarding the requirements for designating parts of the facility as common areas or areas of refuge.

VI.(a) The department may grant a facility a waiver from the requirements of this section if the facility:

(1) Provides evidence to the department that the requirements of this section will create an undue financial burden on the facility and will require the facility to cease operation; and

(2) Discloses to the residents of the facility that the facility does not have an emergency generator that meets the requirements of this section.

(b) A waiver granted under this paragraph may not exceed a period of 5 years.

2 New Subparagraph; Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons; Residential Services Agreement. Amend RSA 161-J:4, II by inserting after subparagraph (l) the following new subparagraph:

(m) A disclosure statement indicating whether the residence has an emergency generator and the areas of the residence powered by the generator and the length of time the generator will provide such power. Nothing in this subparagraph shall affect the requirement of facilities licensed under RSA 151 to install and maintain an emergency generator as required in RSA 151:9-b.

3 Applicability. Any facility licensed as a residential care facility under RSA 151 on the effective date of this act shall comply with the requirements of RSA 151:9-c, as inserted by section 1 of this act, on or before the facility’s license renewal date, unless a waiver or extension is granted by the department of health and human services pursuant to RSA 151:9-c, VI.

4 Effective Date. This act shall take effect 60 days after its passage.