CMS Proposal Seeks to Mandate Fire Sprinkler Systems in All Long-Term Care Facilities

DALLAS–The American Fire Sprinkler Association (AFSA) endorses a proposal by the Department of Health and Human Services’ Center for Medicare and Medicaid Services (CMS) that aims to equip an estimated 2,500 older long-term care facilities with life-saving fire sprinkler systems and end an exemption in existing law that mandates sprinklers for new nursing homes but not older facilities.

Unveiled in late October, the CMS’ plan calls for the roughly 25 percent of long-term facilities not currently outfitted with sprinklers to be fully equipped with fire sprinkler systems. The plan would include a phase-in period, which has yet to be determined.

AFSA President Steve Muncy said he found encouraging the fact that "the Center for Medicare and Medicaid Services is recognizing the importance of fire sprinkler systems as a means of saving lives and property from fire especially those lives who are at a highest risk for fire related death like the elderly.”

He said the proposal was a good one and frankly, “it’s been a long-time coming.” Affirming AFSA’s strong support the CMS proposal, Muncy said, “There never has been a multiple death fire in a nursing home that had a properly installed and maintained automatic fire sprinkler system; whereas, as the 2003 fires demonstrated, there is a significant need to improve fire-safety in nursing homes especially those without fire sprinkler systems in a timely fashion.”

The 2003 fires that occurred in unsprinklered long-term care facilities in Hartford, Conn. and Nashville, Tenn. left 27 dead and countless injured, but moreover, these tragic fires highlighted safety weaknesses in some older nursing homes. In its proposed rule, CMS notes that in facilities without sprinklers, there are 10.8 deaths per 1,000 fires as opposed to 1.9 deaths per 1,000 fires in facilities armed with fire sprinkler technology.

Stating that CMS was exerting efforts to pass the proposal, Muncy pointed out that if successful it could bring forth positive life-saving effects and therefore is asking all industry counterparts to support the proposal.

AFSA Chairman Manning Strickland said: “This important proposal gives our nation’s seniors a guarantee of being protected in the event of a fire, so we, not as industry members, but as people, are proud to do our share in helping this life-saving incentive succeed.” He also asks all relevant parties to act responsibly and show their support for the proposal.

Currently the proposal is still in the initial phase with CMS requesting public comments on the plan. Comments must be received no later than 5 PM on December 26, 2006.

Written comments (one original and two copies) may be sent to the following address only:

Centers for Medicare and Medicaid Services,
Department of Health and Human Services
Attn: CMS-3191-P
P.O. Box 8012
Baltimore, MD 21244-8012

Comments may also be received electronically at HYPERLINK "http://www.cms.hhs.gov/eRulemaking" .
Click on the link “Submit electronic comments on CMS regulations with an open comment period.”

To view the proposal in its entirety, visit AFSA’s Web site HYPERLINK www.firesprinkler.org
or directly at www.firesprinkler.org/pastnews/2006/SprinklerReq.pdf.

About AFSA
Established in 1981, the American Fire Sprinkler Association is an international association representing fire sprinkler contractors. AFSA is dedicated to the educational and professional advancement of the automatic fire sprinkler industry.