New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 1000 - HOUSING
Part He-M 1001 - CERTIFICATION STANDARDS FOR COMMUNITY RESIDENCES
Section He-M 1001.03 - Administrative Requirements

Universal Citation: NH Admin Rules He-M 1001.03

Current through Register No. 40, October 3, 2024

(a) A community residence shall have no more than 3 persons receiving paid services in the residence without regard to payment Source.

(b) A community residence that was certified prior to September 1, 1994 for more than 3 individuals shall be exempt from (a) above. Such a residence shall not be recertified to serve more individuals than it was certified to serve on September 1, 1994.

(c) Any community residence serving 4 or more individuals shall be licensed as required by RSA 151:2.

(d) A community residence intending to provide or providing services to 2 or more persons not receiving services through an area agency or community mental health center shall be licensed as required by RSA 151:2, I, (e) and certified as required by RSA 126-A:20.

(e) If a community residence serving persons who are 18 years of age or older intends to serve, or is serving, a person(s) who is under 18 years of age, it shall obtain written approval for such an arrangement from the guardian(s) of the person(s) under age 18 and the area agency.

(f) A community residence that serves a person(s) who is under 18 years of age shall be licensed as a foster family home pursuant to RSA 170-E:31-32.

(g) Prior to hiring or contracting with a person to work in a community residence, the provider agency, with the consent of the person and all household members, as appropriate, shall:

(1) Obtain at least 2 references for the person;

(2) Submit the person's name for review against the registry of founded reports of abuse, neglect, and exploitation to ensure that the person is not on the registry pursuant to RSA 169-C:35 or RSA 161-F:49;

(3) Complete a criminal records check to ensure that the person and all adult household members, excluding individuals, have no history of:
a. Felony conviction; or

b. Any misdemeanor conviction involving:

1.Physical or sexual assault;

2.Violence;

3.Exploitation;

4.Child pornography;

5.Threatening or reckless conduct;

6.Theft;

7.Driving under the influence of drugs or alcohol; or

8.Any other conduct that represents evidence of behavior that could endanger the well-being of an individual; and

(4) Complete a motor vehicles record check to ensure that the potential provider has a valid driver's license.

(h) A family residence shall have a written agreement with the provider agency that requires, at a minimum, that a list of the names of all persons living in the residence be disclosed to the provider agency.

(i) No provider or other person living or working in a community residence shall serve as the legal guardian of an individual living in that community residence.

(j) Community residences shall have personal injury liability insurance for the residence and for vehicles used to transport individuals. Certificates of insurance shall be on file at the premises.

(k) Living space shall be arranged and maintained to support the health and safety of all household members, as follows:

(1) Each community residence shall be maintained in good repair and free of hazard to household members; and

(2) Each community residence shall be free from environmental nuisances, including loud noise and foul odors.

(l) A community residence shall provide the following:

(1) A specific sleeping area designated for each individual;

(2) A separate bed for each individual with each bedroom containing no more than 2 beds; and

(3) Storage space for each individual's clothing and other personal possessions.

(m) An individual's right to privacy shall be protected.

(n) Each bedroom shall be situated such that:

(1) No individual shall reside in a bedroom that is the access way to another bedroom or to a common area of the house; and

(2) Common areas shall not be used as bedrooms by any individual living in the home.

(o) The community residence shall have:

(1) At least one indoor bathroom which includes a sink, toilet, and a bathtub or shower for every 6 persons in the household;

(2) At least one telephone at all times when an individual is in the home;

(3) An integrated fire alarm system with a detector in each bedroom and on each level of the home including basement and attic, if the attic is used as living or storage space;

(4) A functioning septic or other sewage disposal system; and

(5) A source of potable water for drinking and food preparation, as follows:
a. If drinking water is supplied by a non-public water system, the water shall be tested and found to be in accordance with Env-Dw 704 through Env-Dw 706 initially and every 6 years thereafter; and

b. If the water is not approved for drinking, an alternative method for providing safe drinking water shall be implemented.

(See Revision Note at part heading for He-M 1001) #5867, eff 9-1-94, eff 9-1-94, EXPIRED: 9-1-00; amd by #6582, eff 9-19-97

New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10

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