Current through Register Vol. 50, No. 9, September 20, 2024
A. The standards in this Subchapter shall
apply to any ARCP constructed after the effective date of this rule,
alterations, additions or substantial rehabilitation to an existing ARCP, or
adaptation of an existing building to create an ARCP. Cosmetic changes to the
ARCP such as painting, flooring replacement or minor repairs shall not be
considered an alteration or substantial rehabilitation.
B. An ARCP shall submit architectural plans
and construction documents to the OSFM. The regulations and codes governing new
ARCPs also apply if and when the ARCP proposes to begin operation in a building
not previously and continuously used as an ARCP licensed under these
regulations.
C. Design Criteria.
The project shall be designed in accordance with the following criteria:
1. the requirements of the OSFM;
2. Part XIV (Plumbing) of the
Sanitary Code (LAC 51), state of Louisiana; and
3. the current department licensing
regulations for ARCPs.
D. Life Safety Code Occupancy Requirements.
Any ARCP that provides services to four or more residents who are not capable
of taking action for self-preservation under emergency conditions without the
assistance of others shall meet the construction requirements established for
limited care health care occupancies and codes adopted by the OSFM. All level 4
ARCPs shall meet limited care health care occupancies and codes adopted by the
OSFM.
E. During power outages or
other emergencies, level 4 ARCPs shall have the ability to generate power for
emergency lighting, designated power outlets and temperature control.
F. Waivers. The secretary may, within his or
her sole discretion, grant waivers to physical environment requirements insofar
as they do not conflict with the requirements of the OSFM or OPH. Requests for
waivers are considered on the following basis.
1. The ARCP must demonstrate how resident
health and safety and the maintenance of a homelike environment are not
compromised.
2. No waiver shall be
approved that results in an ARCP that is not physically distinct from any
residential care facility, nursing home or hospital.
3. No waiver shall be approved which results
in a living environment that does not provide all required physical features
and/or does not provide sufficient space to permit residents to carry out, with
or without assistance, all the functions necessary for independent
living.
4. The ARCP shall
demonstrate its ability to completely fulfill all other requirements of the
service.
5. The department shall
make a written determination of the request.
6. Waivers are not transferable in an CHOW
and are subject to review or revocation upon any change in circumstances to the
waiver.
G. All ARCPs
licensed under these regulations shall be designed and constructed to
substantially comply with pertinent local and state laws, codes, ordinances and
standards. All new construction shall be in accordance with Louisiana
Uniform Construction Code in effect at the time of original
licensure.
H. Practices that create
an increased risk of fire are prohibited. This includes, but is not limited to:
1. space heaters;
2. the accumulation or storage within the
ARCP of combustible materials such as rags, paper items, gasoline, kerosene,
paint or paint thinners; or
3. the
use of extension cords or multi-plug adapters for electrical outlets, except
ARCPs may utilize transient voltage surge protectors or surge suppressors with
microprocessor electronic equipment such as computers or CD/DVD recorders or
players. Any transient voltage surge protectors or surge suppressors shall have
a maximum UL rating of 330v and shall have a functioning protection indicator
light. ARCPs may not use transient voltage surge protectors or surge
suppressors that do not function completely or for which the protection
indicator light does not work.
I. Safety Standards for Smoking
1. Adult residential care providers may elect
to prohibit smoking in the ARCP or on the grounds or both. If an ARCP elects to
permit smoking in the ARCP or on the grounds, the ARCP shall include the
following minimal provisions, and the ARCP shall ensure the following.
a. In ARCPs equipped with sprinkler systems,
the ARCP may designate a smoking area or areas within the ARCP. The designated
area or areas shall have a ventilation system that is separate from the
ventilation system for nonsmoking areas of the ARCP. ARCPs lacking a sprinkler
system are prohibited from designating smoking areas within the ARCP.
b. Smoking shall be prohibited in
any room or compartment where flammable liquids, combustible gases or oxygen is
used or stored, and any general use/common areas of the ARCP. Such areas shall
be posted with "no smoking" signs.
c. Smoking by residents assessed as not
capable of doing so without assistance shall be prohibited unless the resident
is under direct supervision.
d.
Ashtrays of noncombustible material and safe design shall be placed in all
areas where smoking is permitted.
e. Metal containers with self-closing cover
devices into which ashtrays may be emptied shall be placed in all areas where
smoking is permitted.
J. Kitchen/Food Service
1. Each ARCP shall comply with all applicable
regulations relating to food service for sanitation, safety and health as set
forth by state, parish and local health departments.
2. The ARCP shall have a central or a warming
kitchen.
3. The kitchen of an ACRP
shall be in compliance with the requirements of Part XXIII of the Louisiana
Sanitary Code (LAC 51).
4. Level 3 and 4 ARCPs may opt out of having
a central kitchen if meals are prepared in an off-site location.
a. ARCPs opting out shall have a kitchen area
to hold, warm and serve food prepared at the off-site location. This kitchen
area shall meet the Louisiana Sanitary Code requirements for
food safety and handling.
b. Meals
and snacks provided by the ARCP but not prepared on-site shall be obtained from
or provided by an entity that meets the standards of state and local health
regulations concerning the preparation and serving of food.
c. Opting out does not exempt ARCPs from
meeting dining room space that is separate and distinct as referenced above in
physical separation standards.
5. In ARCPs that have commercial kitchens
with automatic extinguishers in the range hood, the manufacturers
recommendations regarding portable fire extinguishers shall be
followed.
6. The kitchen and food
preparation area shall be well lit, ventilated, and located apart from other
areas to prevent food contamination in accordance with the state
Sanitary Code.
7.
An adequate supply of eating utensils (e.g., cups, saucers, plates, glasses,
bowls, and flatware) will be maintained in the ARCPs kitchen to meet the needs
of the communal dining program. Eating utensils shall be free of chips or
cracks.
8. An adequate number of
pots and pans shall be provided for preparing meals.
9. Each ARCP shall have adequate storage
space. All storage space shall be constructed and maintained to prevent the
invasion of rodents, insects, sewage, water leakage or any other contamination.
Shelving shall be of sufficient height from the floor to allow cleaning of the
area underneath the bottom shelf. All items shall be stored in accordance with
state Sanitary Code.
10. Food waste shall be placed in garbage
cans with airtight fitting lids and bag liners. Garbage cans shall be emptied
daily.
K. Laundry
1. Each ARCP shall have laundering facilities
unless commercial laundries are used.
a. The
laundry shall be located in a specifically designed area that is physically
separate and distinct from residents rooms and from areas used for dining and
food preparation and service.
b.
There shall be adequate rooms and spaces for sorting, processing and storage of
soiled material.
c. Laundry rooms
shall not open directly into a residents personal living area or food service
area.
2. Domestic
washers and dryers for the use by residents may be provided in resident areas
provided they are installed and maintained in such a manner that they do not
cause a sanitation problem, offensive odors, or fire hazard.
3. Supplies and equipment used for
housekeeping and laundry will be stored in a separate locked room. All
hazardous chemicals will be stored in compliance with OPH
requirements.
L.
Lighting
1. All in-door areas of an ARCP
shall be well lighted to ensure residents safety and to accommodate
need.
2. Night-lights for
corridors, emergency situations and the exterior shall be provided as needed
for security and safety.
3. All
rooms shall have working light switches at the entrance to each room.
4. Light fixtures in resident general use or
common areas shall be equipped with covers to prevent glare and hazards to the
residents.
M.
HVAC/Ventilation
1. The ARCP shall provide
safe HVAC systems capable of maintaining a temperature range of 71-81 degrees
Fahrenheit.
2. Filters for heaters
and air conditioners shall be provided as needed and maintained in accordance
with manufacturer's specifications.
N. If the ARCP uses live-in staff, staff
shall be provided with adequate, separate living space with a private bathroom.
This private bathroom is not to be counted as available to residents.
O. An ARCP shall have space that is distinct
from residents living areas to accommodate administrative and record-keeping
functions.
P. An ARCP shall have a
designated space to allow private discussions with individual
residents.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2166.1-2166.8.
