Current through Register Vol. 43, No. 39, September 26, 2024
(a) A provider
shall maintain each site in which services are provided to any person and that
is owned, leased, or made available by contract to be operated by a provider,
any employee or board member of a provider, or any entity owned or controlled
by a provider, a provider's employee or a provider's board member, so that the
site shall meet these requirements:
(1) Have
appropriate fire and safety equipment that is in good repair and is kept on
site and readily accessible;
(2)
not have any combustible or flammable materials kept in an unsafe location;
(3) be kept clean and well
maintained;
(4) be kept safe and
secure;
(5) have furniture and
equipment in good repair and working order;
(6) be capable of maintaining a comfortable
temperature and adequate ventilation;
(7) have adequate lighting;
(8) be free of insect and rodent infestation;
(9) have main routes of travel
that are kept free of obstacles and stored materials;
(10) have appropriate assistive devices and
any necessary structural modifications so that the facility meets the needs of
persons with physical disabilities;
(11) be sufficiently sized to meet the living
space needs of the person or persons residing there as well as the additional
space needs of staff working within the premises, specifically including
appropriate space or spaces for the following:
(A) Meal preparation;
(B) dining;
(C) sleeping;
(D) bathing, toileting, and hand washing;
(E) recreation and day living; and
(F) storage of personal items; and
(12) meet the needs of
each person being served, consistent with the preferred lifestyle of the person
or persons; and
(13) be in
compliance with all applicable fire and life safety, health, sanitation, and
occupancy codes.
(b)
(1) A provider shall monitor each facility in
which services are provided, but that is not included in subsection (a) above,
to determine whether or not the facility meets these requirements:
(A) Is maintained in compliance with all
applicable fire and life safety, health, sanitation, and occupancy codes; and
(B) is of sufficient size and is
equipped and stocked to permit the provider to provide the necessary services,
activities, and training required by the person-centered support plan of any
person being served at that site.
(2) If the provider is made aware of
circumstances that create a violation of any fire and life safety, health,
sanitation, or occupancy code, or that place a person's health, safety, or
welfare in imminent danger, or if the provider determines that the facility
fails to meet any required standard as specified by any person's
person-centered support plan, the provider shall perform the following:
(A) Notify the person's support network of
the nature of the deficiency; and
(B) implement any necessary corrective action
by appropriate means, including any appropriate revisions to the person's
person-centered support plan.
(c) Each facility intended to accommodate
eight or more persons or in which eight or more persons are living shall be
licensed by the Kansas department of health and environment as a lodging
establishment pursuant to
K.S.A.
36-501, et seq., and amendments thereto.
(d) A provider shall maintain each
facility used for job training or production work in compliance with any
applicable occupational health or safety code or regulation, including any
provisions applicable to any equipment or machinery located or used within that
facility.
(e) This regulation
shall take effect on and after October 1, 1998.