Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
provider shall ensure that the setting meets the requirements for approved
Group SR or I occupancies in the Building Code and the Fire Code in effect at
the time of original licensure. When a change in setting use results in a new
building occupancy classification, the program's setting shall meet the
requirements for approved Group SR or I occupancies in the Building Code in
effect at the time of such change. If occupants are capable of evacuation
within three minutes, refer to Group R occupancies.
(2) Programs shall be accessible as follows:
(a) Those settings or portions of settings
that are licensed, constructed, or renovated after January 26, 1992, and that
are covered multi-family dwellings or public accommodations shall meet the
physical accessibility requirements in chapter 11 of the Oregon Structural
Specialty Codes. These codes specify requirements for public accommodations as
defined in the Americans with Disabilities Act under Title III and for
buildings qualifying as multi-family dwellings as defined in the Fair Housing
Act as amended in 1988;
(b) In
order to ensure program accessibility under Title II of the Americans with
Disabilities Act, the Division may require additional accessibility
improvements; and
(c) Any
accessibility improvements made to accommodate an identified individual shall
be in accordance with the specific needs of the individual.
(3) An accessible outdoor area is required
and shall be made available to all individuals. For programs or portions
thereof licensed on or after June 1, 1998, a portion of the accessible outdoor
area shall be covered and have an all-weather surface such as a patio or
deck.
(4) The setting shall have
sufficient and safe storage areas that include but not limited to:
(a) Storage for a reasonable amount of
individual belongings beyond that available in the individual's unit shall be
provided appropriate to the size of the setting;
(b) All maintenance equipment including yard
maintenance tools shall be maintained in adequate storage space. Equipment and
tools that pose a danger to individuals shall be kept in locked storage; and(c)
Storage areas necessary to ensure a functional, safe, and sanitary environment
consistent with OAR 309-035-0140 through 0155 and
309-035-0210 through
0215.
(5) For programs
initially licensed on or after June 1, 1998, all individual use areas and
individual units shall be accessible through temperature controlled common
areas or hallways with a minimum width of 36 inches except that a minimum width
of 48 inches shall be provided along the route to accessible bedrooms and
bathrooms and between common areas and required exits.
(6) The setting shall have sufficient space
for confidential storage of both individual service records and business
records, for program staff use in completing record-keeping tasks, and for a
telephone. Other equipment including fire alarm panels and other annunciators
shall be installed in an area readily accessible to staff in accordance with
the Fire Code.
(7) The provider
shall provide a unit for each individual, although the program may maintain
units to be shared by more than one individual consistent with these rules. The
unit shall include sleeping accommodations for the individual and be separated
from other areas of the setting by an operable door with an approved latching
device. The provider shall maintain units as follows:
(a) For programs licensed prior to June 1,
1998, units shall be a minimum of 60 square feet per resident and allow for a
minimum of three feet between beds;
(b) For programs or portions thereof
initially licensed on or after June 1, 1998, units shall be limited to one or
two individuals. At least ten percent of units, but no less than one unit,
shall be accessible for individuals with mobility disabilities. All units shall
include a minimum of 70 square feet per individual exclusive of closets,
vestibules, and bathroom facilities and allow a minimum of three feet between
beds;
(c) The provider shall
provide a lockable entrance door to each unit for the individual's privacy,
except as otherwise limited under OAR
309-035-0110(7),
as follows:
(A) The locking device shall
release with a single-action lever on the inside of the room and open to a hall
or common-use room;
(B) The
provider shall provide each individual with a personalized key that operates
only the door to his or her unit from the corridor side;
(C) The provider shall maintain a master key
to access all of the units that is easily and quickly available to the
provider, program administrator, and appropriate program staff;
(D) The provider may not disable or remove a
lock to a unit unless the provider has written consent from the individual or
the individual's legal representative, or as permitted under OAR
309-035-0110(5) through
(8) and OAR
309-035-0195; and
(E) Section (7) of these rules are effective
July 1, 2016 and enforceable as described in OAR
309-035-0115(17).
(d) A clothes closet with adequate
clothes hanging rods shall be accessible within each unit for storage of each
individual's clothing and personal belongings. For programs initially licensed
on or after June 1, 1998, built-in closet space shall be provided totaling a
minimum of 64 cubic feet for each individual. In an accessible unit, the
clothes hanging rod height shall be adjustable or no more than 54 inches in
height to ensure accessibility for an individual using a wheelchair;
and
(e) Each unit shall have
exterior windows with a combined area at least one-tenth of the floor area of
the room. Unit windows shall be equipped with curtains or blinds for privacy
and light control. For programs or portions of programs initially licensed on
or after June 1, 1998, an escape window shall be provided consistent with
building code requirements.
(8) Bathing and toilet facilities shall be
conveniently located for individual use, provide permanently wired light
fixtures that illuminate all parts of the room, provide individual privacy for
individuals, provide a securely affixed mirror at eye level, be adequately
ventilated, and include sufficient facilities specially equipped for use by
individuals with a physical disability in buildings serving such individuals:
(a) In programs licensed prior to June 1,
1998, a minimum of one toilet and one lavatory shall be available for each
eight individuals, and one bathtub or shower shall be available for each ten
individuals; and
(b) In programs or
portions of programs initially licensed on or after June 1, 1998, a minimum of
one toilet and one lavatory shall be available for each six individuals, and a
minimum of one bathtub or shower shall be available for each ten individuals,
when these fixtures are not available in units. At least one centralized
bathroom along an accessible route shall be designed for disabled access in
accordance with Chapter 11 of the Oregon Structural Specialty Code.
(9) The setting shall include
lounge and activity areas for social and recreational use by individuals,
program staff and invited guests totaling no less than 15 square feet per
individual.
(10) Laundry facilities
shall be separate from food preparation and other individual use areas. When
residential laundry equipment is installed, the laundry facilities may be
located to allow for both individual and staff use. In programs initially
licensed on or after June 1, 1998, separate residential laundry facilities
shall be provided when the primary laundry facilities are located in another
building, are of commercial type, or are otherwise not suitable for individual
use. The following shall be included in the primary laundry facilities:
(a) Countertops or spaces for folding tables
sufficient to handle laundry needs for the facility;
(b) Locked storage for chemicals and
equipment;
(c) Outlets, venting,
and water hook-ups according to state building code requirements. Washers must
have a minimum rinse temperature of 155 degrees Fahrenheit (160 degrees
Fahrenheit recommended) unless a chemical disinfectant is used; and
(d) Sufficient storage and handling space to
ensure that clean laundry is not contaminated by soiled laundry.
(11) Kitchen facilities and
equipment in a setting may be of residential type except as required by the
state building code and fire code or local agencies having jurisdiction. The
setting's kitchen shall have the following:
(a) Dry storage space not subject to freezing
in cabinets or a separate pantry for a minimum of one week's supply of staple
foods;
(b) Sufficient refrigeration
space for a minimum of two days' supply of perishable foods. The space shall be
maintained at 45 degrees Fahrenheit or less and freezer space maintained at 0
degrees Fahrenheit or less;
(c) A
dishwasher may be approved residential type with a minimum final rinse
temperature of 155 degrees Fahrenheit (160 degrees recommended) unless chemical
disinfectant is used;
(d) A
separate food preparation sink and hand washing sink;
(e) Smooth, nonabsorbent and cleanable
counters for food preparation and serving;
(f) Appropriate storage for dishes and
cooking utensils designed to be free from potential contamination;
(g) Stove and oven equipment for cooking and
baking needs; and
(h) Storage for a
mop and other cleaning tools and supplies used for food preparation for dining
and adjacent areas. Cleaning tools shall be maintained separately from those
used to clean other parts of the setting.
(12) The setting shall have a separate dining
room or an area where meals are served for use by individuals, employees, and
guests:
(a) In programs licensed prior to June
1, 1998, the setting's dining area shall seat at least half of the individuals
at one time with a minimum area of 15 square feet per individual; and
(b) In programs or portions of programs
initially licensed on or after June 1, 1998, the setting's dining space shall
seat all residents with a minimum area of 15 square feet per individual
exclusive of serving facilities and required exit pathways.
(13) All details and finishes
shall meet the finish requirements of applicable sections of the Building Code
and the Fire Code as follows:
(a) Surfaces of
all walls, ceilings, windows, and equipment shall be nonabsorbent and readily
cleanable;
(b) The setting's,
flooring, thresholds, and floor junctures shall be designed and installed to
prevent a tripping hazard and to minimize resistance for passage of wheelchairs
and other ambulation aids. In addition, hard surface floors and base shall be
free from cracks and breaks, and bathing areas shall have non-slip
surfaces;
(c) In programs or
portions of programs initially licensed on or after June 1, 1998, all doors to
units, bathrooms, and common use areas shall provide a minimum clear opening of
32 inches;
(d) In all programs:
(A) Lever type door hardware shall be
provided on all doors used by individuals;
(B) Locks used on doors to individual units
must be interactive to release with operation of the inside door handle and
comply with the requirements established by OAR
309-035-0140(7)(c)(A)(B)(D)(E);
(C) Exit doors may not include locks that
prevent evacuation except in accordance with building code and fire code
requirements and with written approval of the Division; and
(D) An exterior door alarm or other
acceptable system may be provided for security purposes and to alert staff when
individuals or others enter or exit the setting.
(e) Handrails shall be provided on all
stairways as specified in the Building Code.
(14) All areas of the setting shall be
adequately ventilated and temperature controlled in accordance with the
Mechanical and Building Code requirements:
(a)
Each setting shall have and maintain heating equipment capable of maintaining a
minimum temperature of 68 degrees Fahrenheit at a point three inches above the
floor. During times of extreme summer heat, fans shall be made available when
air conditioning is not provided;
(b) All toilet and shower rooms shall be
adequately ventilated with a mechanical exhaust fan, window mounted exhaust
fan, or central exhaust system that discharges to the outside;
(c) Where used, the design and installation
of fireplaces, furnaces, wood stoves and boilers shall meet standards of the
Oregon Mechanical Specialty Code and the Boiler Specialty Code, as applicable.
Documentation of annual inspection noting safe and proper operation shall be
maintained at the setting; and
(d)
In individual-use areas, hot water temperatures shall be maintained within a
range of 110 to 120 degrees Fahrenheit. Hot water temperatures in laundry and
kitchen areas shall be at least 155 degrees Fahrenheit.
(15) All wiring systems and electrical
circuits shall meet the standards of Oregon Electrical Specialty Code in effect
on the date of installation, and all electrical devices shall be properly wired
and in good repair. The provider shall ensure the following:
(a) When not fully grounded, circuits in
individual use areas shall be protected by GFCI type receptacles or circuit
breakers as an acceptable alternative;
(b) A sufficient supply of electrical outlets
shall be provided to meet individual and staff needs;
(c) No more than one power strip may be
utilized for each electrical outlet;
(d) Connecting power strips to one another or
use of other outlet expansion devices is prohibited;
(e) Extension cord use in units and common
use rooms is prohibited;
(f)
Lighting fixtures shall be provided in each individual unit and bathroom,
switchable near the entry door and in other areas as required to meet task
illumination; and
(g) Lighting
fixtures that illuminate evacuation pathways shall be operable within ten
seconds during a failure of the normal power supply and provide illumination
for a period of at least two hours.
(16) All plumbing shall meet the Oregon
Plumbing Specialty Code in effect on the date of installation, and all plumbing
fixtures shall be properly installed and in good repair.
(17) The program shall provide adequate
access to telephones for private use by individuals. The program shall not
limit the hours of availability for phone use. A program may establish
guidelines for fair and equal use of a shared telephone. Each individual or
individual's representative shall be responsible for payment of long-distance
phone bills where the calls were initiated by the individual, unless other
mutually agreed arrangements have been made.
(18) Smoking is not allowed within the
setting including within buildings or on the grounds.
Statutory/Other Authority: ORS
413.042 &
443.450
Statutes/Other Implemented: ORS
413.032,
443.400 -
443.465 &
443.991
