Current through Register Vol. 18, September 20, 2024
(1) A resident of
an assisted living facility who uses a wheelchair or walker for mobility, or
who is a category B, category C, or category D resident, must not be required
to use a bedroom on a floor other than the first floor of the facility that is
entirely above the level of the ground, unless the facility is designed and
equipped in such a manner that the resident can move between floors or to an
adjacent international conference of building code officials approved
occupancy/fire barrier without assistance and the below grade resident
occupancy is or has been approved by the local fire marshal.
(2) Each resident bedroom must satisfy the
following requirements:
(a) in a previously
licensed facility, no more than four residents may reside in a single
bedroom;
(b) in new construction
and facilities serving residents with severe cognitive impairment, occupancy
must be limited to no more than two residents per room;
(c) exclusive of toilet rooms, closets,
lockers, wardrobes, alcoves, or vestibules, each single bedroom must contain at
least 100 square feet, and each multi-bedroom must contain at least 80 square
feet per resident;
(d) each
resident must have a wardrobe, locker, or closet with minimum clear dimensions
of 1 foot 10 inches in depth by 1 foot 8 inches in width, with a clothes rod
and shelf placed to permit a vertically clear hanging space of 5 feet for full
length garments;
(e) a sufficient
number of electrical outlets must be provided in each resident bedroom and
bathroom to meet staff and resident needs without the use of extension
cords;
(f) each resident bedroom
must have operable exterior windows which meet the approval of the local fire
or building code authority having jurisdiction;
(g) the resident's bedroom door may be fitted
with a lock if approved in the resident service plan, as long as facility staff
have access to a key at all times in case of an emergency. Deadbolt locks are
prohibited on all resident bedrooms. Resident bedroom door locks must be
operable, on the resident side of the door, with a single motion and may not
require special knowledge for the resident to open;
(h) kitchens or kitchenettes in resident
bedrooms are permitted if the resident's service plan permits unrestricted use
and the cooking appliance can be removed or disconnected if the service plan
indicates the resident is not capable of unrestricted use.
(3) A hallway, stairway, unfinished attic,
garage, storage area or shed, or other similar area of an assisted living
facility must not be used as a resident bedroom. Any other room must not be
used as a resident bedroom if it:
(a) can
only be reached by passing through a bedroom occupied by another
resident;
(b) does not have an
operable window to the outside; or
(c) is used for any other
purpose.
(4) Any
provision of this rule may be waived at the discretion of the department if
conditions in existence prior to the adoption of this rule or construction
factors would make compliance extremely difficult or impossible and if the
department determines that the level of safety to residents and staff is not
diminished.
AUTH:
50-5-103,
50-5-226,
50-5-227,
MCA IMP:
50-5-225,
50-5-226,
50-5-227,
MCA
