Emergency plan rules in North Dakota
2 license types researched, regulated by North Dakota Dept. of Health and Human Services (Food and Lodging; Health Response and Licensure Section). Every requirement below carries the rule that imposes it.
Assisted living / residential care
Licensed in North Dakota as Assisted Living Facility, by North Dakota Dept. of Health and Human Services (Food and Lodging; Health Response and Licensure Section).
N.D. Admin. Code 33-33-09-02 (emergency disaster plan); 33-33-09-01 (emergency lighting); license under N.D.C.C. ch. 50-32 and N.D. Admin. Code ch. 75-03-34
A current, written emergency disaster plan that contains a plan for evacuation, addresses elements of sheltering in place, identifies temporary relocation sites, and details staff assignments in the event of a disaster or an emergency.
N.D. Admin. Code 33-33-09-02The emergency disaster plan must be readily available for review by any tenant, family member, or emergency responder.
N.D. Admin. Code 33-33-09-02Emergency illumination must be provided for not less than one and one-half hours if normal lighting fails. The rule exempts a facility where every unit has a direct exit at ground level.
N.D. Admin. Code 33-33-09-01- The emergency plan rule (N.D. Admin. Code ch. 33-33-09) is a Food and Lodging rule. The assisted living license itself is issued under N.D.C.C. ch. 50-32 and N.D. Admin. Code ch. 75-03-34.
Reviewed 2026-09-28
Group home / residential care home
Licensed in North Dakota as Basic Care Facility, by North Dakota Dept. of Health and Human Services.
N.D. Admin. Code 33-03-24.2-08 (fire safety, fire drills, five-day walk-through); ch. 33-03-24.1 (basic care facilities: 33-03-24.1-01(17), -09(2), -11, -24)
Fire drills are held monthly, at least twelve a year, alternating across all work shifts; residents and staff evacuate or relocate to the assembly point. At least once a year, all staff and residents evacuate the building.
Each resident shall receive an individual fire drill walk-through within five days of admission, and the resident's record documents it.
N.D. Admin. Code 33-03-24.2-08(5); 33-03-24.1-13(2)(m)A basic care resident must be capable of self-preservation, and the resident's condition may not require continuous, twenty-four-hour-a-day onsite availability of nursing or medical care.
N.D. Admin. Code 33-03-24.1-01(17)Fire evacuation plans must be posted. The plan identifies the assembly point residents and staff go to during a fire drill.
N.D. Admin. Code 33-03-24.2-08(2)-(3)Keep a written record of each fire drill: date, time, duration, staff and residents participating, who was absent and why, and a description of the drill including the escape path used and the simulated call to the fire department.
N.D. Admin. Code 33-03-24.2-08(4)Any variation from the fire safety requirements must be approved in writing by the department.
N.D. Admin. Code 33-03-24.2-08(6)Once a year, in-service training for all employees must cover at least fire and accident prevention and safety.
N.D. Admin. Code 33-03-24.1-11Written policies must include protocols for serious health-threatening conditions, emergencies and temporary illnesses, providing for a designated practitioner and notification of a licensed professional. Policies are signed, dated, reviewed annually and revised as necessary.
N.D. Admin. Code 33-03-24.1-09(2)A basic care facility needs written department approval before providing Alzheimer's, dementia, special memory care or traumatic brain injury services. Residents in a secured facility or unit must still be capable of self-preservation and must have access to a secured outdoor space.
N.D. Admin. Code 33-03-24.1-24- Basic care buildings must meet the NFPA 101 Life Safety Code, 2012 edition, chapters 32 and 33 (residential board and care, slow evacuation capability) or greater.
Reviewed 2026-09-28
What this page is
The requirements North Dakota places on a facility emergency preparedness plan, taken from the state’s own rules rather than a national template. Where we have confirmed something against primary text it is stated plainly; where we have not, it says so and names what to check. Nothing here is inferred from what other states do.
The part that is the same everywhere
The federal layer does not vary by state, and it is narrower than it is usually described. OSHA 29 CFR §1910.38 does not bind every employer on its own — by its applicability paragraph it governs an emergency action plan whenever another OSHA standard requires the employer to have one, and it then settles what that plan must contain. The CMS emergency preparedness rule applies by certified provider type rather than by building. That layer, plus the exit-route, alarm and first-aid rules and the fire code’s plan structure, is covered in the main crash course rather than repeated on all fifty state pages.
Write the plan
The Emergency Plan Builder produces the document itself. It reads the same research as this page, but it does not yet carry every requirement here into the plan it writes, so check the plan against this page before you rely on it for North Dakota. The Compliance Calendar puts the drills and inspections on dates.