12.  Canopy and Overhang Sprinkler Requirements and the Use of the Fire Safety Evaluation System

Memo #        07-29

Posting Date 07/13/2007

Fiscal Year    2007

Summary      This memorandum modifies S&C-05-38 "Clarification of Life Safety Code issues in Nursing Homes" in regards to sprinklers in canopies and overhangs. The LSC requires that most canopies and large overhangs be sprinklered (in facilities where the regulations require sprinklers). The Fire Safety Evaluation System may be used when evaluating the level of safety provided for a Health Care occupancy where a canopy or overhang is required to be sprinklered. The FSES affords facilities the opportunity to have stronger safety features in other areas to compensate where the facility does not have sprinklers installed. The FSES can be used for this purpose until CMS regulations require that the facility become fully sprinklered. Facilities with an existing waiver of the requirement for canopies and overhangs to be sprinklered may continue under their existing waiver if the CMS RO finds that the waiver continues to meet all other requirements in law or regulation. These waivers are reviewed annually by the CMS RO. CMS will not approve any new waivers.