HomeMy WebLinkAboutLetter #13 Michael Andreoli, Supplemental ResponseBEFORE THE CARMEL BOARD OF ZONING APPEALS
DOCKET NO. 19090019 UV, 19090020 V
19090021 V,19090022 V
IN RE: THE MATTER OF
WILLOW HAVEN SENIOR HOME, LLC
SUPPLEMENTAL RESPONSE IN OPPOSITION
TO WILLOW HAVEN SENIOR HOME
The remonstrators would now submit additional discovered information in opposition and
bring this to the Board's attention as follows:
It is our understanding from reviewing the submitted documents that the applicant is
requesting a Use Variance for a `memory care facility'. In a review of the UDO, memory care is
mentioned in two locations as one of three or more services that could be provided to qualify as a
CCRC. We have searched the Indiana Code 12 Human Services Section and in the entire
Administrative Code could find no notation for a memory care facility. This lack of definition adds
to concerns that the proposed use allows for unintended uses that may be peripherally related to the
memory care suggested (rehabilitation services for drugs and alcohol abuse, recovery from traumatic
brain injuries or amnesia, PTSD, stroke victims, even memory improving tutoring services). We
have enclosed the applicant's architect letter that appears in the file from Michael Riley of Impact
Architects. In the letter, the architect argued for lower residential R-4 fire ratings because they were
NOT providing nursing services and would only have residents `who require limited verbal or
physical assistance while responding to an emergency situation to complete building evacuation'.
Common sense would strongly suggest that the ability to independently respond in an emergency is
entirely inconsistent with one's experiences with those with Alzheimer's and other related memory
care diseases. Further, State Operating License, which they have indicated they are getting, is
required to provide nursing services. If nursing services are not being provided, it appears that a
license is not necessary. It seems to the remonstrators that the applicant is purposely
misrepresenting the level of care being provided, which determines the fire rating and the concurrent
construction costs and level of safety being provided. The higher fire rating of I-2 requested by the
City Staff `for persons who are not capable of self -preservations without physical assistance or in
which persons are detained for penal or correctional purposes or in which the liberty of the occupant
is restricted' will be more properly applicable if nursing services were provided and further more
appropriate for those who have Alzheimer's or other memory related
Michael JLtfndreoli,
Attorney for Remonstrators
Glen Oaks Property Owners, Assn.
and Residents
Page 2
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Empact No.AR1t0011f88
rchitects y STATE OF
RE: Response to CFD TAC review Willow Haven Senor Homes, Indianapolis, IN N '�'�f4�q G y ��4�,•``
Memory Care Home, 13145 West Rd
Dear Chris Ellison,
I�
As a licensed architect in the State of Indiana, Michael Riley, dba Impact Architects, providing
consulting to Willow Haven Senior Homes for the project to build a memory care home at 13145
West Rd, I have reviewed CFD's TAC Review comments and provide the following response:
The purpose of this letter is to respond to the CFD TAC Review comments and to request that CFD
interpret its classification of Willow Haven Senior Homes Memory Care Home as R-4. An I-2
classification is inconsistent with the IBC and NFPA. Meaning they are
providing nursing care
Willow Haven Senior Homes is building a Memory Care home which will house 12 sidents. This
home will be licensed by Indiana State Department of Health (ISDH) as a Residential Care Facility
(RCF) and will provide Alzheimer's and Dementia care to its residents. According Miriam
Buffington, Enforcement and Provider Services Manager, Long Term Care, Indiana State Department
of Health: "Indiana does not have a separate license for memory care." This is confirmed in 410 IAC
16.2-3.1- l 3 that describes the requirements for a memory care director and staff training
requirements.
Classification of memory care assisted living as I-2 is not consistent with the IBC or NFPA 101.
According to the Indiana State Department of Health the proposed Willow Haven Senior Homes
Memory Care home will be licensed as a Residential Care facility. Even though it will provide
Memory care this home can only provide residential care and is prohibited from providing medical
care. CFD's TAC review comments equating memory care homes as an equivalent occupancy type
to nursing homes incorrectly equates people who need nursing and medical care for their dementia
and those who merely need personal care.
NFPA 101 recognizes that people with dementia, depending on the stage of their disease, may seek
care in a nursing home, limited care facility, or board and care facility. "For such persons, it is the
level of care provided, not the medical diagnosis, that matters for the purposes of determining
whether the,facility should meet the requirements,for limited care." The explanation of limited care
facility is specific in saying that "where personal care is provided but medical or custodial care is not,
the limited care definition does not typically apply."
Willow Haven Senior Homes remain committed to the safety and security of all of our residents in
memory care. The measures we are taking in the home provides excellent protection from fire and
other hazards. These measures include:
• Providing a NFPA 13R sprinkler system throughout.
• Providing a fire alarm system throughout.
Impact Architects 314-422-4615 michaelriley@charter.net
• Provide all code compliant structural element fire ratings.
• Written policies and special training for staff on how to handle emergencies.
• Fire drills for residents.
• Selection of residents with appropriate level of acuity.
• Providing egress doors with access control that is connected to the fire alarm to provide egress
during emergencies or power outages as per NFPA 101.
Willow Haven proposes to build a R-4 occupancy facility where all residents Im�eet the R-4 Condition
2 criteria stated in the IBC
NFPA 101, which recognizes that non -medical facilities should be classified as re idential board and
care occupancies, rather than institutional occupancies. i.e., residents "who require limited verbal or
physical assistance while responding to an
The NFPA 101 (2015) defines Limited Care Facility as: emergency situation to complete building
3.3.90.2* Limited Care Facility. A building or portion of a building used on a 24-hour basis for the
housing of four or more persons who are incapable of self-preservation because of age; physical
limitations due to accident or illness; or limitations such as mental retardation/developmental
disability, mental illness, or chemical dependency.
The Annex explains this use in greater detail:
A.3.3.90.2 Limited Care Facility. Limited care facilities and residential board and care occupancies
both provide care to people with physical and mental limitations. However, the goals and programs
of the two types of occupancies differ greatly. The requirements in this Code for limited care
facilities are based on the assumption that these are medical facilities, that they provide medical
care and treatment, and that the patients are not trained to respond to the fire alarm; that is, the
patients do not participate in fire drills but, rather, await rescue. (See Section 18.7)
The requirements for residential board and care occupancies are based on the assumption that the
residents are provided with personal care and activities that foster continued independence, that the
residents are encouraged and taught to overcome their limitations, and that most residents, including
all residents in prompt and slow homes, are trained to respond to fire drills to the extent they are able.
Residents are required to participate in fire drills. (See Section 32.7)
Persons with Alzheimer's and related illnesses might be located in a nursing home, limited care
facility, or board and care facility. For such persons, it is the level of care provided, not the medical
diagnosis that matters for the purposes of determining whether the facility should meet the
requirements for limited care Where personal care is provided but medical or custodial care is not
the limited care definition does not typically apple It is the intent of this definition that it not apply
to persons not receiving medical or custodial care, provided that are able to assist in their own
evacuation, regardless of their medical diagnosis. (emphasis added)
The NFPA defines residential board and care occupancies and personal care as follows:
Impact Architects 314-422-9615 michaelriley@charter.net
3.3.190.12* Residential Board and Care Occupancy. An occupancy used for lodging and boarding
of four or more residents, not related by blood or marriage to the owners or operators, for the purpose
of providing personal care services.
3.3.208* Personal Care. The care of residents who do not re wire chronic or convalescent medical or
nursing care. ould not require State license if no
Inursing care.
In this case, Willow Haven Senior Homes can on y provide personal care. As a Residential Care
Facility, it is prohibited from providing medical or nursing care. The regulation delineates what must,
may, and cannot be offered.
The following is our response to the specific comments submitted by CFD.
1. The Carmel Fire Department supports the proposed building being provided with a fully
compliant NFPPA 13 fire sprinkler system.
NFPA 101 32.2.3.5.3.1 In buildings four or fewer stories in height and not exceeding 60 ft in
height above grade plan, systems in accordance with NFPA 13R shall be permitted. All
habitable areas, closets, roofed porches, roofed decks and roofed balconies shall be
sprinklered.
903.2.8.3 Group R4 Condition 2. An automatic sprinkler system installed in accordance
with Section 903.3.1.2 shall be permitted in Group R-4 Condition 2 occupancies. Attics shall
be protected in accordance with Section 903.2.8.3.1 or 903.2.8.3.2
903.2.8.3.2 Attics not used for living purposes, storage or fuel -fired equipment
Attics not used for living purposes, storage or fuel -fired equipment shall be protected in
accordance with one of the following:
1. Attics protected throughout by a heat detector system arranged to activate the building
fire alarm system in accordance with Section 907.2.10
2. Attics constructed of noncombustible materials.
3. Attics constructed of fire -retardant -treated wood framing complying with Section
2303.2
4. The automatic sprinkler system shall be extended to provide protection throughout the
attic space.
2. Per section 308 of the 2014 Indiana Building Code, a facility that provides care for persons
who are incapable of self-preservation shall be designated as a1--2 occupancy classification
and shall be designed and constructed as such.
308.4 Institutional Group 1-2. This occupancy shall include buildings and structures used for
medical care on a 24-hour basis for more than five persons who are incapable of self-
preservation...." (emphasis added)
Per NFPA 101, as stated above, Persons with Alzheimer's and related illnesses might be
located in a nursing home, limited care facility, or board and care facility. For such persons, it
is the level of care provided, not the medical diagnosis, that matters for the purposes of
Impact Architects 314-422-9615 michaelriley@charter.net
determining whether the facility should meet the requirements for limited care. Where
personal care is provided but medical or custodial care is not, the limited care deinidon
does not typically apolta It is the intent of this definition that it not apply to persons not
receiving medical or custodial care, provided that are able to assist in their own evacuation,
regardless of their medical diagnosis. (emphasis added)
Willow Haven Senior Homes can only provide personal care. As a Residential Care Facility, it
is prohibited from providing medical or nursing care. The regulation delineates what must,
may, and cannot be offered.
Therefore Willow Haven Senior Homes' Memory Care home should be allowed to be
designated as R-4.
Per section 1008.1.9.6 of the Indiana Fire Code, Special egress control devises installed to
prevent a resident from walking out of the building, as described in our meeting on 1019119,
shall only be permitted in I-2 occupancies. To install this type of egress locking system in
your proposed facility the building shall be designed and constructed to comply with the
requirements of an 1-2 Occupancy.
PER IFC 1010.1.9.9 Delayed Egress
Delayed egress locking systems shall be permitted to be installed on doors serving the
following occupancies in buildings that are equipped through with an automatic sprinkler
system in accordance with Section 903.3.1.1 or an approved automatic smoke or heat
detection system installed in accordance with Section 907
1. Group B, F, I, M, R, S and U occupancies
2. Group E classrooms with an occupant load of less than 50
ALSO PER NFPA 101:
32.2.2.5.5.1 Delayed -egress electrical locking systems complying with 7.2.1.6.1 shall be
permitted on exterior doors only
32.2.2.5.5.3 Door -locking arrangements shall be permitted where the clinical needs of
residents require specialized security measures or where residents pose a security threat,
provide all the following conditions are met:
1. Staff can readily unlock doors at all times in accordance with 32.2.2.5.5.4
2. The building is protected by an approved automatic sprinkler system in accordance with
32.2.3.5
3. The provision of 32.2.3.5.2 (13D) for conversions is not be permitted to be used
32.2.2.5.5.4 Doors located in the means of egress and permitted to be locked in accordance
with 32.2.2.5.5.3 shall comply with all of the following:
1. Provisions shall be made for the rapid removal of occupants by means of one of the
following:
a. Remote control of locks from within the locked building
b. Keying of all locks to keys carried by staff at all times
c. Other such reliable means available to staff at all times
2. Only one locking device shall be permitted on each door.
Impact Architects 314-422-9615 michaelriley@charter. net
4. Provide an auto turn emergency vehicle circulation plan demonstrating that fire apparatus
can navigate through the facilities drive areas. Drive areas that cannot accommodate fire
apparatus shall be corrected and changed to be able to accommodate the largest piece offire
apparatus available to the Carmel Fire Dept.
Cash Waggner and Associates will modify the drive areas on the plans and the drive areas will
be constructed per Carmel Fire's direction on this
5. Provide a Fire Hydrant within IOft. of the FDC location. The Fire Hydrant and FDC
locations discussed in the meeting are approved.
Cash Waggner will modify the plans to show the fire hydrant and FDC in the locations
advised by Carmel Fire, and the fire hydrant and FDC will be constructed in accordance with
the plans/Carmel Fire's direction.
6. Prior to vertical construction approved asphalt fire apparatus access shall be provided to the
construction site.
Can you please describe the objective that is trying to be accomplished here? It is out -of -
sequence to perform paving before vertical construction because the several months of heavy
trucking and construction activity that will occur during the construction process will do
significant damage to a paved surface. It is likely that paving so early will t) delay our
construction schedule and lengthen the timeline for the construction of this project and 2)
result in significant extra cost because the asphalt will have to be repaired or taken out and
replaced after 6 or 7 months of construction is performed over top of it. We would prefer not
to incur these delays and extra costs by installing paving at a time that is typical to a normal
construction sequence.
In closing, we'd like to thank you again for your interest in and commitment to making our proposed
project safe and secure. We are happy to continue this discussion with you should you have follow up
questions or should you like to discuss in more detail any of the points put forth in this
communication. Feel free to reach out to the members of our team, including myself at any time.
i�
l
Siny;erely,
i
1Michael Riley
i
Impact Architects 314-422-9615 michaelriley@charter.net