Current through 2024-38, September 18, 2024
16.1
Facility design. The facility shall be designed, operated and maintained
in a manner appropriate to the special needs of the population to be
served.
16.2
Passable
road. The facility shall be served by a road that is regularly
maintained and passable at all times of the year. [Class
III]
16.3
Heating
systems. There shall be a central heating plant connected to each room
or area used by residents or staff by means of a radiator, convector or
register. The heating system must be capable of maintaining a temperature of
seventy-five degrees (75°) Fahrenheit throughout resident areas of the
facility. Alternate types of heating systems may be approved by the Department,
if a uniform temperature of seventy-five degrees (75°) Fahrenheit can be
maintained. Systems other than electric heating shall have an annual inspection
and the heating source shall be tagged as being inspected.
16.4
Temperature. Resident
areas of the facility shall be maintained at a temperature of seventy degrees
(70°), or higher as necessary to ensure the comfort of the residents.
Thermometers shall be placed in all resident areas. This does not apply to
bedrooms where residents control the temperature. [Class
III]
16.5
Renting
space.
16.5.1 The distinct part of the
facility licensed pursuant to these regulations shall have no rented
apartments, rooms or space for persons other than residents, except when used
by the licensee, administrator, immediate family members or employees of the
facility.
16.5.2 Adult Day Services
may be provided in the facility to persons residing outside of the facility,
with written approval from the Department to provide such services. The
facility must have adequate physical plant and staffing and, if providing Adult
Day Services to three or more consumers, must meet the requirements of
3.10.
16.6
General condition of the facility and surrounding premises.
16.6.1 The facility and surrounding premises
shall show evidence of routine maintenance and housekeeping and repair of wear
and tear shall be made in a timely fashion.
16.6.2 The administrator shall take immediate
steps to correct any condition in the physical facility or on the premises,
which poses a danger to a resident's life, health or safety. [Class II,
III]
16.7
Toilets and bathing facilities.
16.7.1 In existing facilities, a bathroom
equipped with flush toilets and hand-washing facilities at a ratio of at least
one (1) flush toilet for each six (6) users shall be available. Users include
residents, as well as staff on duty. Facilities shall have adequate toilet
facilities for staff and visitors separate from those toilets in private
resident rooms. There shall be a mirror over each sink. All facilities are
required to have hard-wired, wireless or battery-operated call bell systems in
bathrooms, unless the bathroom is designated for non-resident use.
16.7.2 In new construction projects licensed
on or after July 1, 2003, there shall a bathroom equipped with flush toilets
and hand washing facilities at a ratio of at least one (1) flush toilet for
each six (6) residents. There shall be at least one (1) dedicated staff
bathroom. There shall also be public bathrooms at a ratio of:
16.7.2.1 1-25 residents - one public
bathroom
16.7.2.2 26-50 residents -
two public bathrooms
16.7.2.3 51-75
residents - three public bathrooms
16.7.2.4 76-100 residents - four public
bathrooms
16.7.2.5 101-125
residents - five public bathrooms
16.7.2.6 126-150 residents - six public
bathrooms
There shall be a mirror over each sink. All facilities are
required to have hard-wired, wireless or battery-operated call bell systems in
bathrooms, unless the bathroom is designated for non-resident use.
16.7.3 An adequate
supply of hand-cleansing soap or detergent shall be available at each lavatory.
An adequate supply of paper towels or an approved hand-drying device shall be
available and conveniently located near the lavatory. Common towels and
drinking cups are prohibited. This section does not apply to lavatories in
private resident rooms with private baths. [Class
III]
16.7.4 Flush toilets
shall be located indoors and be in good repair, ventilated to the outside and
maintained in a sanitary condition. [Class III]
16.7.5 Commodes, urinals and bedpans used in
resident bedrooms shall be clean and sanitary.
16.7.6 In order to accommodate resident
privacy, doors or stalls shall have locks.
16.7.7 For facilities initially licensed
prior to May 30, 2002, there shall be bathing facilities at a ratio of one (1)
per fifteen (15) users. For facilities initially licensed on or after May 30,
2002, there shall be bathing facilities at a ratio of one (1) per ten (10)
users. All facilities are required to have at least one (1) bathtub and one (1)
shower.
16.7.8 Facilities initially
licensed after May 29,1998 shall have at least one (1) tub or shower for each
floor that has resident bedrooms.
16.7.9 Knock lights and visual alarms shall
be installed in bathrooms when there is a deaf or severely hard of hearing
resident or staff member.
16.7.10
All bathing facilities shall be equipped with grab bars that meet the Americans
with Disabilities Act standards. All bathing facilities are required to have
hard-wired, wireless or battery-operated call bell systems. Bathing facilities
shall afford safety and privacy and shall be maintained in a sanitary
condition. Facilities initially licensed after July 1, 2003 shall have a toilet
and hand-washing sink in each bathing facility.
16.7.11 For all facilities initially licensed
on or after May 30, 2002, there shall be at least one (1) bathroom that
includes, at a minimum, a toilet and hand washing sink on each floor that has
resident bedrooms.
16.8
Handrails. Inside and outside stairs and ramps used by residents
shall be equipped with handrails and have Life Safety Code compliant guards on
each side. [Class III]
16.9
Telephone available. There
shall be a telephone with a listed number available and located in an area
designated for residents that provides maximum privacy. For facilities with ten
(10) residents or more, a telephone line dedicated for residents' use, separate
from the facility's business telephone, must be provided. All local calls shall
be free of charge to the resident.
16.10
Water temperatures. Water
temperatures in resident areas shall not exceed one hundred twenty degrees
(120°) Fahrenheit. Hot water shall be supplied in adequate quantities.
[Class III]
16.11
Living and dining areas. The facility shall provide a distinct
living area and a distinct dining area, with comfortable furnishings
appropriate to the use of the room(s). No folding chairs or patio furniture
shall be used. These areas shall be well lighted and free of hazards. Living
and dining areas shall have window space at a minimum equal to one tenth (1/10)
of the floor space.
16.12
Resident rooms. The following standards shall apply to resident rooms:
16.12.1 A minimum of one hundred (100) square
feet of usable floor space per person shall be provided in a bedroom designed
for single occupancy;
16.12.2 A
minimum of eighty (80) square feet of usable floor space per person shall be
provided in multiple occupancy bedrooms;
16.12.3 Usable floor space shall be
calculated only for that floor space having a ceiling height of at least six
(6) feet, except for the criterion described in Section 16.12.4. Corridors,
passageways, vestibules, kitchenettes, closets and alcoves shall be excluded
from the calculations of usable floor space. In a unit with a kitchenette, a
minimum of thirty (30) square feet shall be deducted for kitchenette
space;
16.12.4 Usable floor space
shall include on a 2:1 basis the areas having a ceiling height of between four
(4) and six (6) feet. (Two [2] square feet yields one [1] usable square foot.)
Up to twenty (20) square feet of this area (yielding up to ten [10] square
feet) can be counted toward usable floor space for the room;
16.12.5 Each resident bedroom shall have a
solid door which can be closed. A visual alerting system, such as a knock light
or exterior light switch, shall be installed at the bedroom door for any
resident who is deaf or severely hard of hearing;
16.12.6 Each resident bedroom shall have at
least one (1) exterior wall and a window glass equal to at least one tenth
(1/10) of the minimum floor space required by Sections 16.12.1 and 16.12.2.
Windows shall be operable and equipped with window shades or an equivalent and
curtains or drapes that provide privacy. Window covers must be kept in good
repair. All bedrooms must have at least one (1) window in each room that can be
opened. In resident rooms with air conditioners, one window must be openable if
an egress window is required;
16.12.7 Each resident bedroom shall have
direct access to a corridor without passing through a bathroom or another
resident's bedroom. No resident room shall be used for access to other rooms or
corridors; [Class III]
16.12.8 Each resident shall be provided with
adequate closet, locker or wardrobe space for hanging clothing;
16.12.9 Each resident shall be offered a bed
and mattress at least thirty-six (36) inches wide, substantially constructed
and in good repair. Rollaway beds, metal cots or folding beds are not
acceptable;
16.12.10 Beds shall be
placed so they are easily serviceable and not subjected to extremes of heat or
cold. No bed shall be placed within three (3) feet of a heating unit, unless
the unit is properly protected;
16.12.11 For each bed there shall be offered:
16.12.11.1 A minimum of two (2) dresser
drawers;
16.12.11.2 A comfortable
non-folding chair in good repair;
16.12.11.3 A bedside table; and
16.12.11.4 A reading lamp.
16.12.12 The facility shall permit
and encourage residents to use their own furnishings, space
permitting;
16.12.13 For residents
who need assistance with personal housekeeping, resident rooms and furniture
shall be regularly cleaned and well maintained. Resident rooms shall be well
lighted and in good repair;
16.12.14 In facilities offering
apartment-style or efficiency units, each such unit shall have an "ABC" fire
extinguisher readily available. There shall be no portable hot
plates;
16.12.15 Kitchen and food
preparation areas in apartments shall be located away from possible food
contamination sources;
16.12.16
There shall be no more than two (2) beds per room.
16.13
Laundry room. The laundry
room shall not be located in an area used to prepare or serve food. The room
shall be maintained in a sanitary manner and kept in good repair. The facility
shall ensure that linen and clothing are regularly laundered and are handled
using proper sanitary techniques. Soiled and clean laundry shall be collected,
transported and stored separately. Soiled laundry shall not be carried through
food preparation areas unless enclosed in laundry bags. Dryers shall be vented
to the exterior of the building.
16.14
Smoking area. Facilities
which permit smoking must have a self-contained, adequately ventilated smoking
area that is accessible to residents. [Class III]
16.15
Towel, linen and bedding
supplies. The facility shall have adequate towel, linen, and bedding
supplies in addition to those in use, so that a complete linen change is
available in the facility at all times.
16.16
Outside railings. Open
porches and verandahs shall have railings that meet the Americans with
Disabilities Act and Office of the State Fire Marshal guidelines.
[Class II/III]
16.17
Lighting. All areas of
the facility shall have sufficient illumination. Candles, courtesy oil lanterns
and other open-flame methods of illumination are prohibited. [Class
III]
16.18
Requirements for provision of respite care. Respite or emergency care
shall only be provided in beds licensed by the Department.
16.19
Other standards.
Facilities shall comply with all applicable local, state and federal rules and
regulations regarding building safety, fire safety, handicap accessibility and
fair housing practices.
16.20
Local regulations. Any local regulations which affect the life
safety requirements that are more stringent than those referred to in these
rules, shall take precedence.
16.21
Safety requirements:
16.21.1
Portable space heating devices are prohibited. [Class
III]
16.21.2 Extension
cords are prohibited unless equipped with a fuse mechanism.
16.21.3 Fireplaces may be installed and used
only in areas other than resident sleeping areas and must comply with Standards
for Chimneys, Fireplaces and Vents (NFPA 211). In addition, fireplaces shall be
equipped with heat-tempered glass or other approved material, or fireplace
enclosure guaranteed against breakage up to six hundred fifty degrees
(650°) Fahrenheit. If, in the opinion of the Office of the State Fire
Marshal, special hazards are present, a lock on the enclosure and/or other
safety precautions may be required. [Class III]
16.21.4 Freestanding solid fuel burning
stoves located in areas accessible to residents shall be surrounded by a
non-combustible railing to prevent residents from coming in contact with the
stove. This will not pertain to kitchen stoves primarily used for cooking
instead of heating. This regulation does not require that the railing be of
such construction as to prevent injury when excessive force is applied to it,
but rather to prevent residents from coming into casual contact with the stove.
If the stove has a protective covering which will not cause burns on contact, a
protective railing is not required. [Class III]
16.21.5 Each facility shall develop a fire
safety plan in conjunction with, and approved by, local or state fire
authorities. [Class III]
16.21.6 A plan noting emergency steps to be
taken, evacuation procedures, telephone numbers of police, fire, ambulance,
duly authorized licensed practitioners and other individuals deemed necessary
shall be posted conspicuously in the home. [Class
III]
16.21.7 Timed drills,
as described in the applicable chapters of the National Fire Protection
Association Life Safety Code, must be used to determine a residential care
facility's capability to evacuate its residents, unless the facility has
elected to complete evacuation scores in lieu of timed drills in accordance
with the standards described in the National Fire Protection Association Life
Safety Code 101A or when timed drills are not required pursuant to the Life
Safety Code. When a new resident has participated in a timed drill in another
residential care facility within the previous 2 months, the results of that
drill may be used to determine evacuation capability in the resident's new
facility for a period of up to 4 months.
A record shall be kept on a form provided by the Department
showing the date and time of each drill. Providers shall be knowledgeable about
and shall inform staff, if applicable, about the use of fire safety equipment
in the facility. At the time of admission and on a periodic basis, residents
shall be informed of emergency procedures. [Class II]
16.21.8 If, for any reason, the
residents are evacuated from the facility other than a planned fire drill, the
administrator or a facility representative shall notify the Department at
1-800-383-2441 and the Office the State Fire Marshal immediately after
residents are safely evacuated.
16.21.9 Smoke detectors shall be functional
at all times. [Class I]
16.22
Water supply. The water
supply shall be adequate, of a safe and sanitary quality and from a source,
which meets applicable State and local laws and regulations. The following
standards shall apply: [Class III]
16.22.1 Water not piped directly from its
source shall be transported, handled, sorted and dispensed in a sanitary
manner.
16.22.2 Adequate supplies
of hot and cold water shall be provided at all hand washing facilities and
where equipment and utensils are washed, unless otherwise approved in writing
by the Department.
16.22.3 Water
supply systems shall be reviewed and approved according to Chapter 231,
Drinking Water Rules, adopted by the Department.
16.22.4 The source of all water supplies must
be protected from pollution and treated in a manner approved by the
Department.
16.22.5 A private water
supply shall be tested annually and a satisfactory result must be
obtained.
16.23
Sewage disposal.
16.23.1 All
water-carried sewage shall be disposed of by means of a public sewerage system
or an approved sewage disposal system which is constructed and operated in
conformance with applicable State and local laws, ordinances and regulations.
[Class III]
16.23.2 Non-water-carried sewage disposal
facilities shall not be used, except where water-carried disposal methods have
been determined by the Department to be impractical. Under such conditions,
only facilities which have been approved by the Department shall be used and
operation shall be in conformance with applicable State and local laws,
ordinances and regulations.
16.24
Plumbing. All plumbing
shall be maintained and comply with applicable state and local plumbing laws,
ordinances and rules. [Class III]
16.25
Garbage and rubbish. All
refuse collected in common areas or from resident rooms shall be stored in
washable, rodent-proof, covered containers pending removal. [Class
III]
16.26
Insect
and rodent control. There shall be no evidence of rodent or insect
infestation. All reasonable precautions will be taken in maintaining a safe,
sanitary and comfortable living environment in regards to controlling insects
and rodents in the facility. All openings to the outer air shall be protected
against the entrance of insects by self-closing doors, closed windows,
screening or other effective means. Doors and windows used for ventilation must
be screened.
16.27
Poisonous
and toxic materials. When not in use, poisonous and toxic materials such
as household cleaning solutions, compounds and other non-food supplies, shall
be stored in compartments which are used for no other purpose. They shall be
separated from the food storage and preparation areas, clean equipment and
utensil storage rooms and medication storage areas. Household bactericides and
cleaning compounds shall not be stored in the same cabinet or area of the room
with insecticides, rodenticides or other poisonous materials. All containers
must be properly labeled for identification. [Class
III]
16.28
Animals
kept as pets.
16.28.1 Household pets,
except fish in aquariums and service animals (e.g., guide dogs), shall not be
permitted in common dining areas during meals. [Class
III]
16.28.2 No animals,
except for service animals (e.g., guide dogs), shall be permitted in common
food preparation areas. [Class III]
16.28.3 There shall be proof of rabies
vaccinations for household pets. Pets must not present a danger to residents or
guests. The facility shall be free of pet odors and waste shall be disposed of
regularly. [Class III]
