​​​By Tom Jenson
Fire Code Specialist

On Aug. 1, 2021, assisted living facilities and assisted living facilities with dementia care will be licensed by the Minnesota Department of Health (MDH) under new language in Minnesota Statutes, chapter 144G. These facilities may already exist in your community.  They could be located in a single-family home with up to five residents, in a duplex or small apartment with six to 16 residents, or an apartment building with 17 or more residents. Dementia care could be in a locked facility such as a home with five residents or secured floor of a mixed-use assisted living apartment building. How does this affect you​ as the local fire code official?

It is important to be aware of the requirements in Minnesota Statutes, chapter 144G.45, subd. 2 regarding fire protection and the physical environment and changes to the statute that occurred during Special Session 7 in December 2020. Our office and the Fire Marshals Association of Minnesota (FMAM) worked with MDH to amend the language on smoke alarms, fire extinguishers, and fire safety and evacuation plans, including fire drills. It is important to note that these requirements below are to be enforced by MDH inspectors, but you may get calls on this.

• Smoke alarms are required inside and outside sleeping rooms and on each story and are to be interconnected.

• This is to ensure existing older homes have interconnected smoke alarms for early warning.

• Apartment buildings constructed since the 1990s should already have this feature.

• There must be at least one fire extinguisher inside Group R-3 residential homes.

• Minnesota State Fire Code (MSFC) doesn't require this except in day cares and foster care homes.

• Fire safety plans are required similar to the language in the MSFC Chapter 4.

• Fire evacuation plans are required similar to the language in MSFC Chapter 4 regarding training for staff and residents.

• Residents are to receive training when they move in and once a year afterward.

• Actual resident participation in evacuation drills is not required.

• This is different than MSFC Section 403.8 where residents are required to evacuate the building several times a year.

• Evacuation drills for staff are required twice per year per shift with one drill every other month.

It is not practical to have residents practice evacuation with alarms sounding. The last fire drill they may have participated in was possibly in high school or maybe where they worked years ago. It is more important to conduct fire safety training when they move in and then annually as a group. This may be an opportunity for your department to participate in this annual training.

The MSFC will be amended to reflect the above changes when our office starts reviewing the 2024 International Fire Code for adoption in 2026. Look for an information sheet in the near future on assisted living facilities.

You can reach our fire code team at fire.code@state.mn.us.

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