Current through Register 1531, September 27, 2024
(1) All sites where residential supports, 24
hour site based respite supports, employment supports and day supports are
provided must meet all applicable building, sanitary, health, safety, and
zoning requirements.
(2) The
environmental requirements 115 CMR of 7.07(3) through (8) shall apply to sites
where residential supports, 24 hour site based respite supports, employment
supports and day supports are provided, unless supports and services are
provided in the home of the family of the individual.
(3) All providers must assure that the sites
where supports and services are provided are clean, environmentally safe, free
of vermin and obvious fire and chemical hazards, maintained in accordance with
common fire safety practices, and of sufficient size to accommodate comfortably
the number of individuals and staff it serves. Any objects or conditions that
represent a fire hazard greater than that which could be expected of ordinary
household furnishings shall not be permitted.
(4) All providers must assure that the sites
used by persons with substantial mobility impairment are barrier-free to the
extent necessary to permit access to the supports, services, personal, and
common areas. A location shall be deemed to be barrier-free, in whole or part,
if it meets the applicable standards of 521 CMR: Architectural Access
Board as adopted by 780 CMR: Board of Building Regulations and
Standards.
(5) The
following environmental requirements shall apply to sites owned or leased by
providers of residential supports, individualized home supports and 24 hour
site based respite supports, and the homes of care providers.
(a) The site shall include complete living
accommodations, including its own kitchen, living room, dining area, bedrooms,
and bathrooms of typical residential design. The site shall provide for group
and individual needs, including opportunities for privacy in clearly defined
living, sleeping, and personal care spaces and areas that are accessible and
available according to individual needs to enable personal development, the
development of personal relationships, and engagement in leisure
activities.
(b) The site shall
provide physical comfort as well as a pleasing style of decor and an external
appearance that is typical of other homes in the vicinity, except for
accommodations that enhance accessibility for individuals.
(c) The layout of rooms shall permit ready
access to common areas, with no intrusion into private bedroom areas.
(d) The site shall provide conveniently
located common storage adequate for a reasonable amount of individual and group
possessions.
(e) Major
environmental controls, including those for lighting, appliances, plumbing,
windows, and shades shall be operable by and accessible to
individuals.
(f) Heating and
plumbing systems shall be installed and maintained for safe, healthy, and
comfortable use by the individuals supported by the provider.
(g) Heating and ventilation systems shall be
adequate to maintain comfortable levels throughout the year.
(h) All substances that are potentially
dangerous in nature shall be stored separately from food and in containers
which are accurately labeled. No flammable liquids, such as gasoline, shall be
stored in the site or in spaces attached to the site.
(i) Lighting shall be adequate to meet the
individual and group needs of the residents and shall be provided in all major
interior spaces, including walk-in closets and mechanical and storage rooms.
(j) Each individual shall be
provided with bedroom space adequate for sleeping, dressing, attending to
personal appearance and needs, and caring for his or her personal possessions.
The bedroom shall be of sufficient size to comfortably
accommodate a bed, dresser, closet space, and adaptive equipment if required,
and to allow for an individual's privacy and activities.
(6) The following environmental
requirements shall apply to sites owned, rented or leased by providers of
residential supports, care providers, and providers of 24 hour site based
respite support:
(a) The bedroom size shall be
no less than 90 to 100 square feet for a single bedroom and 130 to 144 square
feet for a double bedroom.
(b) The
bedroom shall be occupied by one individual; provided, however, two individuals
may share one bedroom if the two individuals, or their guardians if applicable,
consent to the sharing of the bedroom.
(c) Existing sites serving five individuals
as of July 15, 2016 must have at least 11/2 bathrooms. Any newly developed
sites serving five individuals must have two bathrooms.
(7) The following environmental requirements
shall apply to sites owned or leased by providers of residential supports, care
providers, providers of employment supports, day supports, and providers of 24
hour site based respite supports.
(a) All
sites shall have two means of egress from floors at grade level; all other
floors above grade level shall have one means of egress and one escape route
serving each floor and leading to grade. This requirement shall not apply to
employment supports or day supports when the second floor is used on an
intermittent basis only. Any proven usable 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. Double cylinder dead bolt locks that
require key operation from within are prohibited on egress doors.
(b) All sites providing residential supports
shall have a fire extinguisher that is operable and that is located in the
kitchen.
(c) All sites shall have
smoke detectors as required by 780 CMR: Board of Building Regulations
and Standards. If more than one detector is required per site, each
detector shall be interconnected so as to activate all other
detectors.
(d) All sites shall have
carbon monoxide detectors as required by 780 CMR: Board of Building
Regulations and Standards.
(e) All vertical chutes
(e.g., laundry chutes, dumbwaiters, heating plenums) shall be
sealed with gypsum board or some other fire retardant material.
(f) Bedroom doors are lockable unless
clinically contraindicated or unless an individual, or his or her guardian, if
applicable, chooses a bedroom with access to egress and consents to the bedroom
door not having any lock.
(g) Locks
on bedroom doors which do not provide access to an egress shall be permitted
only in accordance with the following:
1. The
head of the provider has documentation that the lock may be easily opened from
the inside without a key and that the individual is able to unlock the door
from the inside; and
2. At all
times staff carry a key or have immediate access to a key to open the door in
the event of an emergency.
(h) Bedrooms of individuals requiring
hands-on physical assistance to evacuate or who have a mobility impairment,
including individuals who use a wheelchair, shall be on a floor at grade or on
a floor with a "horizontal exit," in accordance with 780 CMR: Board of
State Building Regulations and Standards.
(i) Smoking shall be permitted only under the
following conditions:
1. Staff may not smoke
in the homes of individuals.
2.
Smoking shall be prohibited in bedrooms and at sites where employment supports
or day supports are provided.
3.
Ashtrays of non-combustible material and safe design shall be provided in all
areas where smoking is permitted.
(8) A provider shall not deviate in any
respect from the foregoing environmental requirements of 115 CMR 7.07(7) as
they apply to that provider, unless the provider demonstrates that the safety
needs of individuals are otherwise adequately addressed and has received
approval from the area director within its safety plan as required by
115 CMR
7.06. However, providers of 24 hour
site-based respite may not deviate from any of the environmental requirements
of 115 CMR 7.07(7) under any circumstances.
