Current through Register Vol. 48, No. 52, December 27, 2024
a) For individuals who receive intermittent
supervision and supports and choose to reside with their families or in living
arrangements owned or leased by the individuals living there, the licensed CILA
agency shall assist individuals in obtaining and maintaining CILAs which afford
safety and basic comfort. This assistance shall include, but is not limited to:
1) Performing visual inspections;
2) Purchasing and maintaining in working
order safety devices (e.g., smoke and carbon monoxide detectors, first aid
kits, door locks), when needed;
3)
Encouraging landlords to comply with applicable building and safety codes;
and
4) Providing education and
information on fire safety and disaster preparedness procedures.
b) For individuals who choose to
reside in a provider-owned or controlled CILA, the licensed CILA agency shall
ensure that buildings containing owned or leased living arrangements shall
comply with locally adopted building codes (including those for attic spaces
and impractical evacuation capability) as enforced by local authorities; the
applicable editions and chapters of the NFPA 101, Life Safety Code (National
Fire Protection Association, 2015), as cited in the rules of the Office of the
State Fire Marshal (OSFM) at 41 Ill. Adm. Code 100; and any local fire codes
that are more stringent than the NFPA as enforced by local authorities or OSFM.
A CILA agency shall make available the report of an inspection by the local
authorities or OSFM prior to providing services to any individual in any CILA
site. Non-compliance may be shown by evidence of administrative or judicial
action taken against the owners of a building for violations of the applicable
housing code within the previous two months, or a letter indicating
non-compliance with NFPA requirements from the local authorities or
OSFM.
c) Each living arrangement
shall meet the most current standards as identified in local life/safety and
building codes. Living arrangements specified in subsection (b) shall also meet
the following additional standards:
1) Each
living arrangement shall have a smoke detection system which complies with the
Smoke Detector Act [425 ILCS 60 ].
2) Each living arrangement shall have a
carbon monoxide alarm which complies with the Carbon Monoxide Alarm Detector
Act [430 ILCS 135 ].
3) No more
than eight individuals shall be served in any site.
4) There shall be documentation completed and
maintained at the CILA agency, verifying that living arrangements are inspected
quarterly by the licensed CILA agency to ensure safety, basic comfort, and
compliance with this Part.
5) Bath
and toilet rooms
A) At least one bathroom
shall be provided for each four individuals. A bathroom shall include a toilet,
lavatory, and tub or shower.
B)
Bathrooms shall be located and equipped to facilitate independence. When needed
by the individual, special assistance or devices shall be provided.
C) Bathing and toilet facilities shall
provide privacy.
6)
Bedrooms
A) Each single individual bedroom
shall have at least 75 square feet of net floor area, not including space for
closets, wardrobes, bathrooms, and clearly definable entryway areas.
B) Each multiple bedroom shall accommodate no
more than two individuals and each bedroom for two individuals shall have at
least 55 square feet of net floor area per individual, not including space for
closets, wardrobes, bathrooms, and clearly definable entryway areas.
C) Storage space for clothing and other
personal belongings shall be provided for each individual.
D) Each bedroom shall have:
i) Walls that extend from floor to
ceiling;
ii) A mattress and box
spring that is suitable to the size of the individual which provides support
and comfort, if beds are provided by the CILA agency;
iii) At least one outside window;
and
iv) Electrical light sufficient
for reading.
E) Bedrooms
shall maintain a dry and comfortable environment.
F) In living arrangements where more than one
individual resides, traffic to and from any room shall not be through an
individual's bedroom.
G) In a
provider-owned or controlled CILA, in addition to the qualities at
42 CFR
441.301(c)(4)(i) through
(iv), the following additional conditions
must be met concerning an individual's bedroom:
i) Each individual has privacy in their
bedroom;
ii) Bedrooms have entrance
doors that are lockable by the individual from inside the room, with only the
individual and appropriate staff having keys to doors;
iii) Individuals sharing bedrooms have a
choice of whom to share a bedroom with;
iv) Individuals have the freedom to furnish
and decorate their bedroom within the lease or other agreement; and
v) The bedroom is physically accessible to
the individual.
H) Any
modification of the additional conditions, under subsection (c)(6)(G), must be
addressed according to Section
115.200(c)(7)(F)(i)
through (viii).
I) Pursuant to 210
ILCS 165, and as outlined by DDD, a CILA provider shall permit individuals who
reside in a CILA
to conduct authorized electronic monitoring
of their bedroom
through the use of electronic monitoring
devices placed in the room.
i) CILA
agencies
shall not
intentionally retaliate or
discriminate against an individual
for consenting to
authorized electronic monitoring under the Authorized Electronic Monitoring in
Community Integrated Living Arrangements and Developmental Disability
Facilities Act [210 ILCS
135/14.5(b)(1)] .
ii) CILA agencies
shall not
prevent the installation or use of an electronic monitoring device
by an individual
who resides in a developmental
disability CILA and
has provided the staff of the CILA with notice and
consent as required by
210 ILCS
165/20 [210 ILCS
135/14.5(b)(2)] .
7) The CILA agency
shall ensure that:
A) Each living arrangement
will be physically accessible and accommodate other forms of accessibility if
required by the needs of any individual served in the setting.
B) Each living arrangement shall be safe and
clean.
C) Each living arrangement
shall be free from vermin.
D) Waste
and garbage shall be stored with a proper fitting lid, transferred, and
disposed of (both interior and exterior) in a manner that does not permit the
transmission of diseases.
E)
Following a snowfall, freezing rain, or sleet, snow and ice must be cleared
from sidewalks, ramps, and driveways of the living arrangement to provide safe
and accessible passage.
F) Each
living arrangement must maintain vegetative growth (including grass, bushes,
trees) on the premises, not allowing it or weeds to become overgrown and/or
hazardous.
G) Private water systems
shall comply with 77 Ill. Adm. Code 900 (Drinking Water Systems
Code).
H) Each living arrangement
shall evaluate the quality of the food prior to its consumption. Manufacturers
provide dating to help consumers and retailers decide when food is of best
quality. Each CILA site should have a written policy on fresh, frozen, and
pantry foods with acceptable dates. Food should be dated when frozen, opened,
etc. to determine whether it is safe to consume.
I) Copies of inspections when performed by
local and State inspectors in regard to health, sanitation and environment
shall be maintained.
8)
The CILA agency shall develop, implement, and maintain a disaster preparedness
plan which shall include disasters and/or public health crises, be reviewed
annually and revised as necessary, and ensure that:
A) Records and reports of fire and disaster
training are made available to DDD and BALC while at the CILA site;
B) A record of actions taken to correct noted
deficiencies in disaster drills or inspections is maintained;
C) Employees and any other person,
compensated or in a volunteer capacity, with responsibility for individuals
served know how to react to fire, severe weather, missing persons, psychiatric
and medical emergencies, poison control and deaths;
D) Individuals know how to react to
situations identified in subsection (c)(8)(C) of this Section or are receiving
training;
E) Employees and any
other person, compensated or in a volunteer capacity, with responsibility for
individuals served are trained in the location of fire-extinguishers, first aid
kits, evacuation routes and procedures; and
F) An operational telephone that is
accessible to individuals and staff, is available with a list stating the
telephone number of the CILA site, the nearest poison control center, the local
police, the local fire department, the Department's Office of Inspector General
(OIG), and emergency medical personnel or an indication that 911 is the
appropriate number to call.
9) The CILA agency shall implement procedures
for evacuation which ensure that:
A) Drills
are conducted at a frequency determined by the CILA agency to be appropriate,
based on the needs and abilities of individuals served by the particular living
arrangement, but no less than annually on each shift, including overnight.
Individuals who are new to the home must be trained within 30 days of moving
into the home. One of these drills shall be during sleeping hours.
B) Evacuation drills must be conducted in a
safe manner. Using windows as a second means of egress is prohibited above the
first floor unless using a semi-permanent fixture.
C) Special provisions shall be made for those
individuals who cannot evacuate the building without assistance, including
those with physical disabilities and individuals who are deaf and/or
blind.
D) All employees are trained
to carry out and properly document their assigned evacuation tasks.
E) Inefficiency or problems identified during
an evacuation drill shall result in specific corrective action.
F) Evacuation drills shall include actual
evacuation of individuals to designated safe areas.
10) At least one approved fire extinguisher
shall be available in the residence, with tags verifying annual inspection and
recharged when necessary.
11) First
aid kits that meet the basic American Red Cross standards shall be available in
the CILA home. First aid kits shall be monitored quarterly and replenished as
needed by the CILA agency.
d) For individuals who receive continuous
supervision and support and choose to reside with their families or in living
arrangements owned or leased by the individuals living there, the licensed CILA
agency shall ensure that the living arrangements comply with all the
requirements of subsection (c) except subsections (c)(5)(A) and (C), (c)(6)(A),
(C), and (D), and (c)(8)(B) and (E). Employees and any other persons
compensated or in a volunteer capacity who have responsibility for individuals
served shall be trained in the location of a fire extinguisher, first aid
supplies, evacuation routes, and procedures. CILA agencies shall support the
individual to ensure the residence is maintained and complies with local
building codes as enforced by local authorities.
e) Prior to a new site owned or leased by the
CILA agency being occupied and prior to a host family site accepting
individuals receiving services, the site must be inspected by BALC and
determined to be in compliance with this Part. Site inspections will be
completed within 15 working days after all necessary documentation has been
received, e.g., current fire clearances. All sites as described in this
subsection will be inspected at least once during the two year period of
licensure to determine on-going compliance with this Part.
f) The CILA provider shall cooperate with
BALC to visit and inspect any home in which individuals enrolled in the CILA
program are residing, regardless of whether it provides continuous or
intermittent supervision or is individual or provider-owned or
leased.
