During the early morning hours of Monday, July 14, Gabriel House, an assisted living residence (ALR) in Fall River, Massachusetts, caught fire. The cause of the blaze appears to have been attributable to either improperly disposed of smoking materials, or a malfunction with an oxygen machine. Such a tragedy could likely have been avoided in a building where sprinklers were working as they should, according to national safety expert Robert Solomon. Government response has been swift to implement improvements designed to ensure an incident like the Gabriel House fire is not repeated. To this end, Governor Maura Healy announced Friday, July 18th that there would be new safety measures governing emergency response in ALRs.
651 CMR 12, published for the first time in 1996, is a Code of Massachusetts Regulations governing the standards for assisted living residences for the elderly. Contained within are specific regulations concerning safety protocols during emergencies. Some of the most prevalent include compliance with building and fire codes, requiring an evacuation strategy, establishing a mutual aid plan, ensuring supplies and equipment are salvaged for uninterrupted support, keeping a healthy relationship with local public safety and EMS officials, participation in the Homeland Alert Network, and full participation in the Silver Alert System. Additionally, evacuation plans should indicate “the location of emergency exits; evacuation procedures; and the telephone numbers of police, fire, ambulance, and emergency medical transport to be contacted in an emergency.” The plans must also take into account the needs of residents requiring special staff, and must be revised whenever a new resident with ‘unusual’ needs is admitted. Fire and emergency drills are to be conducted at least annually, and every resident should be given a physical copy of the emergency plan.
Following the Fall River fire, Governor Maura Healy determined that the existing regulations were not comprehensive enough to prevent tragedies such as the one that occurred at Gabriel House. Thus, on July 18th, Governor Healey announced new regulations that would come into effect Monday, July 21st. They are as follows: the Executive Office of Aging & Independence (AGE) will conduct a statewide “Fire and Life Safety Initiative” to ensure all of the 273 ALRs in Massachusetts are compliant with 651 CMR 12 and are prepared to protect their residents when emergencies occur. As part of the initiative, ALRs must issue a letter outlining fire safety protocols, evacuation procedures, and points of contact to all residents and families of residents within five business days (this should have culminated Friday, the 25th). These evacuation protocols and exit routes must also be posted within every residence unit and in common areas.
In addition to the above new regulations, AGE will distribute a fire assessment survey that every ALR must complete and return within thirty days, which notes a reaffirmation of compliance with existing fire safety requirements including sprinkler systems, fire drills, evacuation routes, and maintenance of fire-rated doors and walls. The age of key systems in fire prevention must also be reported for oversight. Every ALR must also submit their current, site-specific Disaster and Emergency Preparedness Plan within those thirty days. AGE is currently in the process of finalizing proposed amendments to 651 CMR 12 to strengthen requirements for ALRs, so the new regulations set forth by Governor Healey seem to only be the beginning of increased oversight. It is worth noting that these proposed amendments were drafted before the Gabriel House fire, but will likely be reevaluated in light of the tragedy before their official proposal and expected adoption.
Response to Governor Healey’s new regulations has been broadly positive, with multiple presidents of ALR associations releasing statements in support of the regulations, citing resident safety as a main priority. Said Tara Gregorio, President of the Mass Senior Care Association,
“Mass Senior Care commends Governor Healey and Secretary Lipson for their decisive leadership and unwavering commitment to safeguarding the Commonwealth’s older adults. Their call for a Fire and Life Safety Review in our Assisted Living Residences is a critical initiative, and our ALR members are fully committed to this partnership, moving swiftly to submit all required plans and ensuring transparent, immediate communication with our residents and their families.”
Overall, the new regulations by Governor Healey do not attempt to reinvent the wheel concerning safety in ALRs. They simply encourage robust compliance with existing protocols, creating periods of time in which these protocols must be reviewed, rather than allowing attention to safety measures to wane as time passes without incident. By insisting on a periodic review of safety protocols, they will stay front-of-mind, helping to create a populous of informed, practiced residents and employees. It remains to be seen what the new amendments to 651 CMR 12 will do to enhance safety, but for now, these “new” protocols by Governor Healey aim to ensure compliance with existing requirements, as well as to keep residents informed and able to respond appropriately in case of fire.
Sources:
https://www.wcvb.com/article/gabriel-house-fire-lawsuit-investigation-fall-river/65475628
