Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 28.00 - Licensing and Operational Standards for Community Services
Subpart B - STANDARDS FOR RESIDENTIAL SERVICE SITES
Section 28.13 - Physical Standards

Universal Citation: 104 CMR 28.00 MA Code of Regs 28.13

Current through Register 1531, September 27, 2024

(1) General Provisions. A residential service site in a service must meet the following requirements:

(a) The site shall be located on state property or in a residential neighborhood or other setting appropriate to the services provided, the general design of which does not emphasize the site's separateness or differences from the surrounding community in such a way as to stigmatize or devalue persons.

(b) The site shall meet all applicable building and sanitary, and safety requirements, including without limitation standards for persons who are classified as impaired or partially impaired in accordance with 104 CMR 28.14, as appropriate.

(c) The site shall provide space for all the residential functions characteristic of a comfortable and homelike environment, including cooking, dining, recreation, socializing, sleeping, bathing and storing belongings.

(d) The site, including its heating, plumbing, lighting and ventilation systems, furnishings and equipment shall be maintained in good repair to ensure safety and physical comfort.

(e) Major environmental controls, including those for lighting, plumbing, windows and shades, shall be operable by and accessible to persons.

(f) The site shall store medication in accordance with 104 CMR 28.06(9).

(g) Persons shall be provided with bedroom space adequate for sleeping, dressing, personal care, and caring for personal possessions.
1. No more than two persons may occupy one bedroom.

2. Smoking shall be prohibited in resident sleeping rooms.

3. Each bedroom must meet minimum space requirements. Closet space shall not be included when calculating square footage:
a. A bedroom to be occupied by one person must be at least 100 square feet

b. A bedroom to be occupied by two persons must be at least 120 square feet.

4. Every bedroom shall have sufficient space to accommodate comfortably a bed, dresser, and closet space for each person.

5. Bedroom may not have security chains, night latches, double cylinder dead bolts, flush bolts or surface bolts; and an allowable lock on a bedroom door must be able to be opened by means of a master key.

(h) Each site shall provide bathroom facilities adequate for all persons and staff to carry out normal bathroom functions, including bathing and personal care, with staff assistance as needed.

(i) Each site shall have one means of egress and one escape route serving each floor and leading to grade. Any proven useable path to the open air outside at grade shall be deemed acceptable as an escape route including, but not limited to, connecting doors, porches, windows within six feet of grade, ramps, fire escapes, and balcony evacuation systems. There shall not be locks which prevent unimpeded exit on any doors which lead to a means or egress or escape route.

(j) Each site shall have smoke detectors and carbon monoxide detectors and fire extinguishers in accordance with the following:
1. A minimum of one smoke detector shall be provided for each 1200 square feet of area, or part thereof; provided however, one smoke detector shall be located outside each bedroom;

2. Carbon monoxide detectors shall be provided in accordance with the requirements of 527 CMR 1.05: Modifications to NFPA 1 - 2012 Edition.

3. A minimum of one portable fire extinguisher tagged and inspected shall be provided for each level of the site where persons served have access, including the attic and the basement, if any.

4. Providers are responsible for ensuring that smoke and carbon monoxide detectors and fire extinguishers are in good working condition at all times.

(k) All doors leading to areas where persons are not allowed under applicable building codes shall be maintained locked by provider staff.

(2) Capacity. The capacity of a residential site shall be subject to approval by the Department, which may consider such factors as size, location, and other characteristics of the residence, the ages and needs of the persons, the experience and capability of the service, and the requirements of 780 CMR: State Board of Building Regulations and Standards.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.