Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES
Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities
Rule 37.100.421 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH AND SAFETY CERTIFICATION
Universal Citation: MT Admin Rules 37.100.421
Current through Register Vol. 6, March 22, 2024
(1) 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 state department of environmental quality; or
(ii) meet the standards set forth in the
appropriate circular listed below if the community home utilizes a non-public
water system. The department hereby adopts and incorporates by reference the
following circulars prepared by the department of environmental quality which
set forth the relevant water quality standards. These circulars are available
from the Department of Environmental Quality, 1520 East Sixth Avenue, Helena,
Montana 59620.
(A) circular #11 for
springs;
(B) circular #12 for water
wells;
(C) circular #17 for
cisterns;
(D) community homes using
a non-public water supply must submit a water sample for analysis at least
quarterly to a laboratory licensed by the department of public health and human
services;
(iii) 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 public
sewage system approved by the department of environmental quality; or
(ii) meet the standards set by department of
environmental quality bulletin 332 if a non-public system is utilized. The
department hereby adopts and incorporates by reference bulletin 332, prepared
by the Montana department of environmental quality, 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 four residents;
(B) one tub or shower for every four
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 temperatures 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) a maintenance policy and
schedule is adhered to 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.
(h) Use of home canned products other than
jams, jellies and fruits is prohibited unless the home is approved as a
commercial food processor.
(2) Local health sanitarians are permitted to charge a reasonable fee for their inspection services to the applicant.
Sec. 53-19-112, MCA; IMP, Sec. 53-19-112 and 53-19-113, MCA;
Disclaimer: These regulations may not be the most recent version. Montana 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.
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