New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 803 - NEW HAMPSHIRE NURSING HOME RULES
Section He-P 803.26 - Physical Environment

Universal Citation: NH Admin Rules He-P 803.26

Current through Register No. 40, October 3, 2024

(a) The licensed premises shall be maintained so as to provide for the health, safety, well-being, and comfort of residents and personnel, including reasonable accommodations for residents and personnel with mobility limitations.

(b) Equipment providing heat within a nursing home including, but not limited to, gas furnace or boiler, oil furnace or boiler, wood furnace or boiler, or pellet furnace or boiler shall:

(1) Maintain a temperature of at least 70 degrees Fahrenheit during the day if residents are present and 65 degrees Fahrenheit at night; and

(2) Be serviced once a year or as recommended by the manufacturer with written documentation of such service retained for at least 4 years.

(c) Electric heating systems shall be exempt from (b)(2) above.

(d) Portable space heating devices shall be prohibited, unless the following are met:

(1) Such devices are used only in employee areas where personnel are present and awake at all times; and

(2) The heating elements of such devices do not exceed 212 degrees Fahrenheit.

(e) Any heating device other than a central plant shall be designed and installed so that:

(1) Combustible material cannot be ignited by the device or its appurtenances;

(2) If fuel-fired, such heating devices comply with the following:
a. They shall be chimney or vent connected;

b. They shall take air for combustion directly from outside; and

c. They shall be designed and installed to provide for complete separation of the combustion system from the atmosphere of the occupied area; and

(3) The heating device has safety features to immediately stop the flow of fuel and shut down the equipment in case of either excessive temperatures or ignition failure.

(f) Unvented fuel-fired heaters shall not be used in any nursing home.

(g) Plumbing shall be sized, installed, and maintained in accordance with the provisions of the International Plumbing Code, as specified in the State Building Code under RSA 155-A:1, IV, as amended by the building code review board pursuant to RSA 155-A:10, V.

(h) Screens shall be provided for doors and windows that are left open to the outside.

(i) Doors that are self-closing and remain closed when not in use are exempt from the requirement in (h) above.

(j) The nursing home shall have a telephone to which the residents have access.

(k) The number of sinks and toilets shall be in a ratio of one for every 6 individuals, unless personnel have separate bathroom facilities not used by residents.

(l) Each bathroom shall be equipped with:

(1) A soap dispenser;

(2) Paper towels or a hand-drying device providing heated air;

(3) Hot and cold running water; and

(4) A door that either slides or swings, not a folding door or curtain.

(m) All showers and tubs shall have slip resistant floors and surfaces which are intact, easily cleanable, and impervious to water.

(n) All bathroom and closet door latches or locks shall be designed for easy opening from the inside and outside in an emergency.

(o) Each resident bedroom shall have natural lighting provided by at least one operable window with a screen to the outside, which is of a size equivalent to or greater than 8% of the room's gross square footage.

(p) There shall be at least 100 square feet in each private-bedroom and at least 80 square feet for each resident in a semi- private bedroom, exclusive of space required for closets, wardrobes and toilet facilities.

(q) Each bedroom shall:

(1) Contain no more than 2 beds if constructed after the 2011 adoption of these rules;

(2) Have its own separate entry to permit the resident to reach his/her bedroom without passing through the room of another resident;

(3) Have a side hinge door and not a folding or sliding door or a curtain unless it meets specific exceptions allowed by the codes referenced in He-P 803.07(e);

(4) Not be used simultaneously for other purposes; and

(5) Be separated from halls, corridors and other rooms by floor to ceiling walls.

(r) The licensee shall provide the following for the residents' use, as needed:

(1) A bed appropriate to the needs of the resident;

(2) A mattress that complies with the state fire code and codes adopted by reference pursuant to RSA 153:I, VI-a, and amended in Saf-FMO 300 by the fire marshal with the board of fire control, pursuant to RSA 153:5;

(3) Clean linens, blankets and a pillow;

(4) A bureau;

(5) A mirror;

(6) A bedside table;

(7) A light;

(8) A chair;

(9) A closet or storage space for personal belongings; and

(10) Window blinds, shades, or curtains that provide privacy.

(s) A resident may refuse any of the items in (r) above with appropriate documentation.

(t) The resident may use his or her own personal possessions provided they do not pose a risk to the resident or others.

(u) The licensee shall provide the following rooms to meet the needs of residents:

(1) One or more living rooms or multi-purpose rooms; and

(2) Dining facilities with a seating capacity capable of seating at least 50% of the residents.

(v) Each licensee shall have a UL listed communication system in place so that all residents can effectively contact personnel when they need assistance with care or in an emergency.

(w) Lighting shall be available to allow residents to participate in activities such as reading, needlework, or handicrafts.

(x) If the nursing home admits residents under the age of 18, each age group shall have separate and distinct units.

(y) If the nursing home admits residents between the age of 10 and 17 years, each gender shall have separate and distinct units.

(z) The nursing home shall comply with all state and local codes and ordinances for:

(1) Zoning;

(2) Building;

(3) Health;

(4) Fire;

(5) Waste disposal; and

(6) Water.

(aa) The nursing home shall be accessible at all times of the year.

(ab) The nursing home shall provide housekeeping and maintenance adequate to protect residents, personnel and the public.

(ac) Reasonable precautions, such as repair of holes and caulking of pipe channels, shall be taken to prevent the entrance of rodents and vermin.

(ad) Ventilation shall be provided throughout the entire nursing home and, whenever necessary, mechanical means such as fans shall be provided to remove excessive heat, moisture, objectionable odors, dust, or explosive or toxic gases.

(ae) There shall be a secondary power source to provide emergency power pursuant to the Electrical Systems chapter of NFPA 99, Health Care Facilities Code, and The Standard for Emergency and Standby Power Systems, NFPA 110, as adopted pursuant to RSA 153:1, VI-a and amended in Saf-FMO 300 by the fire marshal with the board of fire control, pursuant to RSA 153:5.

(af) Waste water shall be disposed of through a system which meets the requirements of RSA 485:1-A and Env-Wq 1000. Sink drains which have no connection to sanitary sewers or septic systems and similar methods of disposal above ground shall be strictly prohibited.

(ag) Facilities shall provide for prompt cleaning of bedpans, urinals, and other utensils.

(ah) Any locked door providing egress from a resident room and/or means of egress within a nursing home shall meet the requirements of the Health Care Occupancy chapter of NFPA 101, Life Safety Code, as adopted pursuant to RSA 153:1, VI-a and amended in Saf-FMO 300 by the fire marshal with the board of fire control, pursuant to RSA 153:5.

(ai) Special locking devices including delayed egress devices, shall meet the requirements of NFPA 101, the Life Safety Code, which shall:

(1) Unlock upon actuation of the automatic fire detection and or suppression system; and

(2) Unlock upon loss of power.

(aj) No more than one such device in (ai) above shall be located in any egress path of travel.

(ak) Sterile supplies and equipment shall not be mixed with unsterile supplies.

#9856-A, eff 1-26-11

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