Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Buildings and Grounds.
(a) The
specialty care assisted living facility including site and grounds must be
constructed, arranged, and maintained to ensure the safety of the residents and
building occupants.
(b) Building
Classification.
1. Group specialty care
assisted living facilities shall be planned to serve the residents to be
admitted and shall comply with Section (1), (2), (3), (5), (6), and (8) of AAC
Rule 420-5-20.12.
2. Congregate
specialty care assisted living facilities shall be planned to serve the
residents to be admitted and shall comply with Sections (1), (2), (3), (7), and
(8) of AAC Rule
420-5-20-.12.
3. Renovation within the exterior walls of a
specialty care assisted living facility shall in no case be of such nature as
to lower the character of the structure below the applicable building
requirements for the classification of license held by the specialty care
assisted living facility.
4. Dually
licensed facilities.
(i) For the purposes of
meeting physical facility and building code requirements, a building housing
both a regular assisted living facility and a specialty care assisted living
facility shall be classified as a Group or Congregate facility in accordance
with the combined licensed bed capacities of both facilities. For the purposes
of meeting resident care and administrative requirements, the specialty care
assisted living facility and the regular assisted living facility shall be
separately considered, and each shall be classified as a Congregate facility or
a Group facility in accordance with the licensed bed capacity of each, and the
determination shall not be based on their combined bed capacity.
(ii) When a facility has a portion of a
building licensed for specialty care residents, instead of the entire facility,
the sleeping, bathing, dining, and activity areas shall be in a distinct and
separate unit within the building, licensed for specialty care assisted living.
Administrative, kitchen, and service areas may be shared between the two
licensed portions.
(c) Location. Each specialty care assisted
living facility established or constructed shall be located so that it is free
from undue noises, smoke, dust, or foul odors. New assisted living facilities
shall be located at least 1,000 feet from railroads, freight yards, or disposal
plants. This distance can be reduced to 500 feet when facility is separated by
a boarded fence at least 6 feet high. This rule shall not prevent enlargement
or expansion of existing assisted living facilities.
(d) Local Restrictions. The location and
construction of a specialty care assisted living facility shall comply with
local zoning, building, and fire ordinances. Evidence to this effect, signed by
local fire, building, or zoning officials, may be required as a condition of
licensure. If a facility is to be located in an area that does not have any
zoning, building, or fire authority review, a letter stating such shall be
obtained from the local county commission through official board action or from
the office of the probate judge.
(e) Specialty Care assisted living facilities
shall be located on publicly maintained streets or roads, and connected with
driveways which shall be kept passable at all times.
(f) Occupancy. No part of a specialty care
assisted living facility may be rented, leased, or used for any commercial
purpose not reasonably necessary for the residents of the facility. Only
residents of the facility shall be permitted to utilize these services. The
Department shall approve all plans for occupancy.
(g) Basements. The basement shall be
considered as a story if it meets criteria established by the codes for a
story.
(h) The specialty care
assisted living facility must maintain adequate furnishings, fixtures,
supplies, and equipment for its services.
(i) Facilities, supplies, and equipment must
be maintained in safe operating condition.
(j) There must be proper ventilation, light,
and temperature controls in pharmaceutical, food preparation, and other
appropriate areas.
(2)
Submission of Plans and Specifications.
(a) New Facilities, Additions, and
Alterations. Plans and specifications shall be submitted for review and
approval to the Alabama Department of Public Health, for any building that is
intended to contain a specialty care assisted living facility, and for
additions and alterations to existing facilities. Submissions shall be in
accordance with Alabama Administrative Code Rule 420-5-22, "Submission of Plans
and Specifications for Health Care Facilities." A new facility or existing with
a bed increase shall have obtained a Certificate of Need from the State Health
Planning and Development Agency prior to submission of plans.
(b) Existing assisted living facilities
converted to a specialty care assisted living facility shall continue to comply
with the codes presently applied to the facility as an assisted living facility
and shall comply with the Additional Requirements for Specialty Care Assisted
Living Facilities as stated in these rules.
(3)
Inspections. The State Board
of Health and its authorized representatives shall have access to all
facilities for inspection.
(4)
Remodeling.
(a) The remodeled
area of existing facilities shall be upgraded to comply with the current
requirements for new construction.
(b) Any remodeling to existing facilities
shall not diminish the level of safety which existed prior to the start of the
work.
(5)
General
Building Requirements - Group and Congregate.
(a) Structural Soundness and Repair. The
building shall be structurally sound, free from leaks and excessive moisture,
in good repair, and painted with sufficient frequency to be reasonably
attractive inside and out. The interior and exterior of the building shall be
kept clean and orderly.
(b)
Temperature to be Maintained. The facility shall maintain a comfortable
temperature. A comfortable range is between 71-81 degrees Fahrenheit.
(c) Lighting. Each resident's room shall have
artificial light adequate for reading and other uses as needed. All entrances,
hallways, stairways, inclines, ramps, cellars, attics, storerooms, kitchens,
laundries, and service units shall have sufficient artificial lighting to
prevent accidents and promote efficiency of service. Night lights shall be
provided in all hallways, stairways, and bathrooms.
(d) Screens. All screen doors and operable
windows shall be equipped with tight-fitting, full-length 16 mesh screens.
Screen doors shall be equipped with self-closing devices.
(e) Emergency Lighting.
1. All specialty care assisted living
facilities shall provide an emergency artificial lighting system to adequately
illuminate halls, corridors, and stairwells in case of electrical power
failure. As a minimum, dry cell battery-operated lighting shall be provided to
light such spaces.
2. Emergency
lighting must provide illumination in accordance with the currently adopted
Life Safety Code for at least 90 minutes.
(f) Floors.
1. All floors shall be level, smooth and free
of cracks, and finished so as to be easily kept clean. The basic requirement
for floor finishes shall be wall-to-wall with such finishes as paint, stain,
sealer, carpet, sheet vinyl, vinyl tile, hard tile, or other appropriate floor
finish.
2. Any differences in floor
levels shall not prevent a resident from navigating safely throughout the
facility.
(g) Walls and
Ceilings. All walls and ceilings shall be of sound construction with an
acceptable surface and shall be kept clean and in good repair.
(h) Windows. Operable windows shall be so
constructed and maintained so that they fit snugly, and are capable of being
opened and closed easily. Windows in specialty care facilities may have devices
which prevent full opening of the window.
(i) Ceiling Height. Each room occupied by
residents shall have a ceiling height of eight feet or more. Existing
facilities with ceiling heights less than eight feet shall be acceptable when
the height complies with the codes.
(j) Handrails. If handrails are installed in
halls or corridors, the handrails shall be mounted at 30 - 36 inches above the
floor and returned to the wall at each end.
(k) Stairways. Stairways shall be well
lighted, kept in good repair, and have handrails. Open space under stairs shall
not be used for storage purposes. All walls and doors under stairs shall meet
the same fire rating as the stairwell.
(l) Doors.
1. In each new specialty care assisted living
facility, doors of resident bathrooms connected to resident bedroom shall swing
into the bedroom.
2. Bedroom and
bathroom doors may be equipped with hardware that will permit a resident to
lock himself within the room, provided a master key is readily accessible for
the staff at a central location.
3.
Resident bedroom and other exit access doors in specialty care assisted living
facility shall be at least three feet wide.
4. Exterior egress doors except the main
entry/exit door, may be equipped with a delayed egress locking system installed
in accordance with NFPA 101. Other exterior egress doors may be arranged to
prevent free and unhindered egress from specialty care assisted living
facilities, in accordance with the Special Requirements portion of this
section.
5. Exit doors swinging
outward shall swing out over a landing having a minimum length and width equal
to the door's width at the same level as the floor level, except existing doors
shall not have more than a four inch step down.
(m) Ventilation. The building shall be well
ventilated at all times to prevent accumulation of objectionable odors.
Kitchens, laundries, service rooms, toilets, and bathrooms shall be ventilated
by windows, gravity vents, or mechanical means as necessary to prevent
offensive odors from entering other parts of the facility.
(n) Fire Extinguishers. Fire extinguishers
shall be provided for each hall, kitchen, and laundry, of type and capacity
appropriate to the need.
1. Each fire
extinguisher shall receive an annual inspection with maintenance, and
recharging when necessary, by a fire equipment servicing representative. An
annual servicing tag shall be attached to the extinguisher reflecting the name
of the servicing company, representative, day, month, and year of
maintenance.
2. A visual inspection
of each fire extinguisher shall be conducted monthly by a designated staff of
the facility and documented on the attached extinguisher tag by the designated
staff person.
(o) Call
System. A central electric or electronic call system shall be conveniently
provided for each resident, usable in bedrooms and bathrooms. The call system
shall be certified to meet the applicable Underwriters Laboratories
standard.
(p) Manufactured
homes/mobile homes are not permitted.
(q) Fireplaces and inserts shall be inspected
and cleaned annually, and shall comply with the currently adopted building
code. Openings shall be protected with screens or doors.
(r) Exit marking. In all facilities, a sign
bearing the word "EXIT" in plain legible block letters shall be placed at each
exit. Additional signs shall be placed in corridors and passageways wherever
necessary to indicate the direction of exit. Letters of signs shall be at least
four inches high. All exit and directional signs shall be kept clearly legible
by continuous internal electric illumination and have battery back-up or
emergency power.
(s) Heating,
Lighting, and other Service Equipment.
1.
Central or individual room gas heating systems shall be of the enclosed flame
type equipped with automatic flame shut-off control and shall be vented
directly to the outside. Heating units of any type shall be located to avoid
direct contact with any combustible material and shall be maintained in
accordance with manufacturer's recommendation.
2. Open flame and portable heaters are
prohibited in specialty care assisted living facilities. This does not apply to
a fire place with gas logs protected as noted elsewhere in these
rules.
3. Lighting shall be
restricted to electricity. Electric wiring, motors, and other electrical
equipment in all specialty care assisted living facilities shall be in
accordance with local electrical codes and the NFPA National Electrical
Code.
(6)
Building Requirements - Group Specialty Care Assisted Living
Facilities.
(a) General. Group
specialty care assisted living facilities licensed, constructed, or renovated
shall be limited to one story buildings and shall comply with the currently
adopted building code and National Fire Protection Association, Life Safety
Code. Facilities, or portions of facilities, built under the currently adopted
codes shall comply with the Life Safety Code Chapter for New Residential Board
and Care Occupancies (excluding NFPA 101A Alternative Approaches to Life
Safety). Facilities, or portions of facilities, built under previously adopted
editions of the codes shall comply with the currently adopted Life Safety Code
Chapter for Existing Residential Board and Care Occupancies (excluding NFPA
101A Alternative Approaches to Life Safety).
(b) Required Fire Exits.
1. At least two exits, remote from each other
and so located that there will be no dead-end corridors in excess of 20 feet,
shall be provided.
2. Exits shall
be so located that the distance of travel from the corridor door of any
occupied room to an exit shall not exceed 100 feet.
3. Each bedroom or suite shall have at least
one doorway opening directly to the outside, or to an exit corridor leading
directly to the outside.
4. Exit
doors shall swing to the exterior.
5. Panic hardware shall be installed on all
exit doors, except where electrically controlled door hardware is used in
accordance with other provisions of these rules.
(c) Corridors and Passageways. Corridors and
passageways used as a means of exit, or part of a means of exit, shall be at
least 36 inches wide, shall be unobstructed, and shall not lead through any
room or space used for a purpose that may obstruct free passage.
(d) Smoke Barrier Separations.
1. Buildings exceeding 3,000 square feet in
area shall be divided into separate areas by smoke barriers so located as to
provide ample space on each side for approximately one-half the beds. Smoke
barriers shall have a fire-resistive rating of not less than one hour or
minimum one-half hour for existing sprinkled facilities.
2. Doors provided in smoke barriers shall be
smoke-resistive, so installed that they may normally be kept in the open
position, but will close automatically upon fire alarm activation.
3. Duct penetrations in smoke barriers shall
be properly protected with smoke dampers.
4. Penetrations of smoke barriers with
wiring, conduits, pipes, etc., shall be sealed to maintain the fire and smoke
rating.
(7)
Building Requirements - Congregate Specialty Care Assisted Living
Facility.
(a) General. Congregate
specialty care assisted living facilities licensed, constructed, or renovated
under the currently adopted codes shall comply with the building code and the
requirements for limited care facilities in the "New Health Care Occupancies"
Chapter of the Life Safety Code (excluding NFPA 101A
Alternative Approaches to Life Safety). Facilities or portions of
facilities- built under previously adopted editions of the codes shall comply
with the currently adopted requirements for limited care facilities in the
"Existing Health Care Occupancies" Chapter of the Life Safety
Code (excluding NFPA 101A Alternative Approaches to Life
Safety) .
(b) Exit doors.
Panic hardware shall be installed on all exit doors, except where electrically
controlled door hardware is used in accordance with other provisions of these
rules.
(c) Corridors and
Passageways. Corridors and passageways shall be unobstructed and shall not lead
through any room or space used for a purpose that may obstruct free
passage.
(d) In new construction,
the temperature of hot water accessible to residents shall be automatically
regulated by tempering valves and a circulating pump system, unless the water
heater is dedicated to resident use.
(e) Utility rooms shall be provided for each
floor of Congregate specialty care assisted living facilities. The following
equipment shall be provided:
1. Paper towel
holder with an adequate supply of paper towels. Wall cabinet or
shelves.
3. Table or
counter.
4. Soap dispenser with
soap.
5. Sink - counter top, wall
or floor mounted.
6. Space and
facilities for cleaning equipment and supplies.
(8)
Additional Requirements for
Specialty Care Assisted Living Facilities.
(a) Facilities shall be certified and
licensed for housing residents with dementia, and must comply with these
special requirements for the physical plant. Facilities should confirm local
code requirements, which may vary from those indicated below.
(b) Additional Smoke Detection. Smoke
detectors (electrical or system type) shall be provided in the sleeping rooms
and any bedroom suite sitting areas, which house dementia residents. These
detectors shall initiate at least a local alarm or supervisory signal, through
the fire alarm system or call system.
(c) Windows in specialty care facilities may
have devices which prevent opening of the window.
(d) Areas to Wander and Secure Perimeter.
1. Each facility shall have a secure boundary
or perimeter to safely accommodate residents in all aspects of its physical
plant. Exterior building walls and doors, and walled or fenced outdoor areas
may form this boundary. Such walls or fences shall be at least six feet
high.
2. Each walled or fenced area
shall have at least one gate, located along the discharge path of travel from
the building egress doors to the public way. Gates shall be readily unlockable
from either side by the staff or by automatic means. "Automatic means" shall be
in the same manner as locked or delayed-egress exit doors.
3. If the facility's emergency plan utilizes
fenced or walled outdoor spaces as refuge areas for containment of residents,
each refuge area shall be of sufficient size to accommodate all occupants at a
distance of not less than 50 feet from the building while providing a net area
of 15 square feet per person. A gate shall be located within this refuge
area.
4. If the facility's
emergency plan uses the fenced or walled outdoor spaces merely as areas that
are immediately passed through and exited, not as refuge areas for containment
of residents, there is no size or area requirement for the fenced or walled
spaces.
5. An outdoor courtyard,
which is completely surrounded by the building, must have at least two separate
doorways, located remotely from each other, leading into separate smoke
compartments of the building.
(e) Locking of Exit Doors. Locks on exit
doors of each specialty care assisted living facility, if installed, shall be
electrical locked or electrical delayed-egress locking devices. Buildings shall
be protected throughout by an approved supervised automatic sprinkler system
connected to the fire alarm system.
1.
Delayed-egress locks must comply with the requirements for "Special Locking
Arrangements" found in NFPA 101 Life Safety Code.
2. Electrically locked doors shall comply
with the following:
(i) A control panel shall
be provided at one or more stations with the capability to remotely unlock all
exit doors- simultaneously. Locks may be arranged to unlock in Specialty Care
compartments based on a zoning concept, where each zone is a rated fire or
smoke compartment and the locks on all egress doors unlock within the alarmed
zone or compartment. This zoning concept is permitted to apply to automatic
functions required by the Life Safety Code.
(ii) A key, code, or card release switch
shall be provided inside the facility at each locked door, which shall override
the locking system to allow exiting from the compartment or building.
(iii) All locks shall release automatically
upon activation of the facility fire detection, or fire sprinkler system, or
upon disablement of the fire alarm system.
(iv) Locks shall release automatically upon
loss of electric power controlling the lock.
(v) The facility shall provide the residents
sponsors with adequate information about the facility's door locking
arrangements.
(vi) The facility
shall assure, at least monthly, that locked or delayed-egress exit doors
function properly, in accordance with required fire safety
provisions.
The following rules were repealed and removed from the
chapter and the remaining rules were renumbered accordingly:
Authors: Victor Hunt, Kelley Mitchell
Statutory Authority:
Code of Ala.
1975, §§
22-21-20, et seq.