Current through Register Vol. 6, March 22, 2024
(1)
Community homes are required by the Montana department of justice to comply
with the fire safety requirements and procedures found in ARM
23.7.110. A community home must
comply with the certification requirements of ARM
23.7.110 to obtain licensure, and
during licensure, the community home must remain current on its fire safety
certification under ARM 23.7.110.
(2) A community home will only be licensed by
the department if there is written certification from the local or state health
authority that the home meets the following requirements:
(a) For an adequate and potable water supply,
a community home must:
(i) connect to a
public water supply system approved by the department of environmental quality;
or
(ii) for community homes
utilizing a non-public water system, the department hereby adopts and
incorporates by reference the following circulars prepared by the department of
environmental quality:
(A) circular #11 for
springs;
(B) circular #12 for water
wells;
(C) circular #17 for
cisterns;
(D) the circulars
mentioned in (A), (B) and (C) set forth the relevant water quality standards
and are available from the Department of Environmental Quality, 1520 East Sixth
Avenue, Helena, Montana 59620.
(iii) if a non-public water supply is used,
submit a water sample for analysis at least quarterly to a laboratory licensed
by the department of environmental quality;
(iv) repair or replace the water system when
the supply:
(A) contains microbiological
contaminants; or
(B) does not have
the capacity to provide adequate water for drinking, cooking, personal hygiene,
laundry, and water carried waste disposal.
(b) For sewage to be safely disposed of, a
community home must:
(i) connect to a public
sewage system approved by the department of environmental quality; or
(ii) if a non-public system is utilized, the
department hereby adopts and incorporates by reference bulletin 332, which sets
forth standards for sewage disposal. A copy of bulletin 332 may be obtained
from the Department of Environmental Quality, 1520 East Sixth Avenue, Helena,
Montana 59620; and
(iii) repair or
replace the sewage system whenever:
(A) it
fails to accept sewage at the rate of application;
(B) seepage of effluent from or ponding of
effluent on or around the system occurs;
(C) contamination of a potable water supply
or state waters is traced to the system; or
(D) a mechanical failure occurs.
(c) For solid waste to
be safely stored and disposed of, a provider must:
(i) store all solid waste between collections
in containers which have lids and are corrosion-resistant, flytight,
watertight, and rodent-proof;
(ii)
clean all solid waste containers as needed; and
(iii) utilize a private or municipal hauler
to transport the solid waste at least weekly to a landfill site approved by the
department of environmental quality.
(d) For safety and sanitation a provider must
comply with the following structural requirements:
(i) All rooms and hallways must be provided
with at least 10 footcandles of light, and bathrooms and areas used for reading
must be provided with at least 30 footcandles of light.
(ii) Floors and walls of rooms subject to
large amounts of moisture must be smooth and non-absorbent.
(iii) Floor and wall mounted furnishings must
be easily moved or mounted in such a way as to allow for easy
cleaning.
(iv) Adequate toilet and
bathing facilities must be provided:
(A) one
toilet and one sink for every six residents;
(B) one tub and shower for every eight
residents;
(C) drying space for
wash cloths and towels; and
(D)
bathing facilities and stairs must be provided with anti-slip
surfaces.
(v) Food
preparation facilities must be equipped with at least the following:
(A) facilities to adequately wash utensils
and equipment;
(B) refrigeration
equipment capable of maintaining foods at or below 45 E F;
(C) cooking facilities;
(D) adequate and clean food preparation and
storage areas;
(E) equipment to
insure all food is transported, stored, covered, prepared and served in a
sanitary manner.
(vi)
Separate storage of clean and dirty linen shall be provided.
(vii) Storage space shall be available for
the personal belongings of residents and for food, linen, equipment and other
household supplies.
(viii) There
shall be hot and cold water available in the home. Water temperature for hot
water must be limited to 120 E F or below.
(e) For adequate housekeeping a provider must
insure that:
(i) the building and grounds are
free, to the extent possible, of harborage for insects, rodents, and other
vermin;
(ii) the floors, walls,
ceilings, furnishings, and equipment are in good repair, free of hazards, clean
and free from offensive odors;
(iii) cleaning equipment and supplies are
provided in sufficient quantity to meet housekeeping needs of the facility;
and
(iv) every provider must have
and adhere to a maintenance policy and schedule which describes the regular
maintenance of the home and yard. The maintenance policy shall include type of
duties, methods and timelines relating to housekeeping, repairs, and general
prevention of accidents and health dangers.
(f) Poisonous compounds shall not be stored
in food preparation areas or food storage areas or in any areas where residents
may initiate unsupervised contact.
(g) Drugs shall be stored under proper
conditions of sanitation, temperature, light, moisture, ventilation,
segregation, and security. Outdated and deteriorated drugs and drugs not being
used must be removed and disposed of.
(h) Use of home canned products other than
jams, jellies and fruits is prohibited unless the home is approved as a
commercial food processor.
(3) Local health sanitarians are permitted to
charge a reasonable fee for their inspection services to the
applicant.