Current through Register Vol. 63, No. 9, September 1, 2024
(1) In
order to qualify for or maintain a license, an AFH shall meet the following
provisions:
(a) Demonstrate compliance with
Oregon Structural Specialty Code (OSSC) and Oregon Fire Code: and
(b) Maintain up-to-date documentation
verifying they meet applicable local business license, zoning, and building and
housing codes and state and local fire and safety regulations. It is the duty
of the provider to check with local government to be sure all applicable local
codes have been met;
(c) For AFH's
established on or after October 1, 2004, meet all applicable state building,
mechanical, and housing codes for fire and life safety. The AFH shall be
inspected for fire safety by an inspector designated by the Division using the
recommended standards established by the State Fire Marshal for facilities
housing one to five persons. Refer to Appendix I of the Oregon Fire Code, the
Oregon Residential Specialty Code, and the Oregon Structural Specialty Code.
When deemed necessary by the Division, a request for fire inspection shall be
made to the State Fire Marshal;
(d)
The building and furnishings shall be clean and in good repair and grounds
shall be maintained. Walls, ceilings, and floors shall be of such character to
permit frequent washing, cleaning, or painting. There shall be no accumulation
of garbage, debris, rubbish, or offensive odors;
(e) Stairways shall be provided with
handrails. A functioning light shall be provided in each room, stairway, and
exit way; incandescent light bulbs shall be protected with appropriate covers.
Yard and exterior steps shall be accessible to individuals;
(f) The heating system shall be in working
order. Areas of the AFH used by individuals shall be maintained at no less than
68 degrees Fahrenheit during the day and 60 degrees Fahrenheit during sleeping
hours. During times of extreme summer heat, the provider shall make a
reasonable effort to make the individuals comfortable using available
ventilation or fans;
(g) There
shall be at least 150 square feet of common space and sufficient comfortable
furniture in the AFH to accommodate the recreational and socialization needs of
the occupants at one time. Common space shall not be located in the basement or
garages unless such space was constructed for that purpose or has otherwise
been legalized under permit. Additional space is required if wheelchairs are to
be accommodated;
(h) Pools and hot
tubs shall be equipped with sufficient safety barriers or devices to prevent
accidental injury in accordance with Section R116 of the Oregon Residential
Specialty Code.
(2) Any
accessibility improvements made to accommodate an identified individual shall
be in accordance with the specific needs of the individual and comply with
Chapter 11 of the building code.
(3) An AFH shall have an accessible outdoor
area that shall be made available to individuals.
(4) Storage of a reasonable size for an
individual's belongings beyond that of the individual's unit shall be made
available:
(a) All yard maintenance equipment
shall be maintained in a locked storage if such equipment poses a safety
threat;
(b) A locked storage area
for individual medications separate from food, laundry, and toxic or hazardous
materials shall be made accessible to all caregivers. For individuals who are
self-medicating, the provider shall make a secured locked box available to
assure the safety of all occupants of the home;
(c) A locked storage area separate from food
and medications shall be designated when there are toxic or hazardous materials
on the premises.
(5) All
equipment shall be clean and in good repair, provide individual privacy, and
shall have but is not limited to, the following:
(a) A finished interior, a mirror, an
operable window or other means of ventilation, and a window covering;
(b) Tubs or showers, toilets and
sinks. A sink shall be located near each toilet. A toilet and sink shall be
provided on each floor where rooms of non-ambulatory individuals or individuals
with limited mobility are located. There shall be at least one toilet, one
sink, and one tub or shower for each six household occupants, including the
provider and family;
(c) Hot and
cold water in sufficient supply to meet the needs of individuals for personal
hygiene. Hot water temperature sources for bathing areas shall not exceed 120
degrees Fahrenheit;
(d) Shower
enclosures with nonporous surfaces. Glass shower doors shall be tempered safety
glass. Shower curtains shall be clean and in good condition. Non-slip floor
surfaces shall be provided in tubs and showers;
(e) Grab bars for toilets, tubs, or showers
for safety as required by an individual's disability;
(f) The AFH may not be designed to allow an
individual or employee to walk through another individual's bedroom to get to a
bathroom. Individuals shall have barrier-free access to toilet and bathing
facilities with appropriate fixtures.
(g) If there are non-ambulatory individuals,
alternative arrangements shall be appropriate to meet the non-ambulatory
individual's needs for maintaining good personal hygiene.
(h) Individuals shall have appropriate racks
or hooks for drying bath linens.
(6) All furniture and furnishings shall be
clean and in good repair. Units for all household occupants shall have been
constructed as a bedroom when the home was built or remodeled under permit; be
finished, with walls or partitions of standard construction that go from floor
to ceiling, and a door which opens directly to a hallway or common use room
without passage through another unit or common bathroom; be adequately
ventilated, heated, and lighted with at least one operable window that meets
fire egress regulations. (See Section R310 Emergency Escape and Rescue Openings
in the Oregon Residential Specialty Code.) All units shall include a minimum of
70 square feet of usable floor space for each individual or 120 square feet for
two individuals, have no more than two persons per room, and allow for a
minimum of three feet between beds. In addition, the provider shall ensure
that:
(a) Each unit has a lockable entrance
door for the individual's privacy:
(A) The
locking device shall release with a single-action lever on the inside of the
unit 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 door from the corridor side;
(C) The provider shall maintain a master key
to access all of the units that is quickly available to the provider or
resident manager and documented in the individual's person-centered service
plan;
(D) The provider may not
disable or remove a lock to a unit without first obtaining consent from the
individual through the individually-based limitations process outlined in OAR
309-040-0393; and
(E) Section (6) is effective July 1, 2016,
and enforceable as described in OAR
309-040-0315(7).
(b) Providers, resident
managers, or their family members may not sleep in areas designated as living
areas or share units with individuals;
(c) In determining maximum capacity,
consideration shall be given to whether children over the age of five have a
bedroom separate from their parents;
(d) Units shall be on ground level for
individuals who are non-ambulatory or have impaired mobility;
(e) Individual units shall be in close enough
proximity to alert the provider or resident manager to night time needs or
emergencies or be equipped with a call bell or intercom.
(7) AFH's established on or after October 1,
2004, shall meet all applicable state building, residential, fire, mechanical,
and housing codes for fire and life safety. The AFH shall be inspected for fire
safety by an inspector designated by the Division using the recommended
standards established by the State Fire Marshal for facilities housing one to
five individuals. Refer to Appendix I of the Oregon Fire Code, the Oregon
Residential Specialty Code, and the Oregon Structural Specialty Code. When
deemed necessary by the Division, a request for fire inspection shall be made
to the State Fire Marshal.
(8)
Special hazards such as the following:
(a)
Flammable and combustible liquids and hazardous materials shall be safely and
properly stored in original, properly labeled containers, or safety containers
and secured to prevent tampering by individuals or others. Firearms on the
premises of an AFH shall be stored in a locked cabinet. The firearms cabinet
shall be located in an area of the home that is not readily accessible to
individuals, and all ammunition shall be stored in a separate, locked location;
(b) Smoking regulations shall be
adopted to allow smoking only in designated areas. Smoking shall be prohibited
in sleeping rooms and upon upholstered crevasse furniture. Ashtrays of
noncombustible material and safe design shall be provided in areas where
smoking is permitted;
(c) Cleaning
supplies, poisons, and insecticides shall be properly stored in original,
properly labeled containers in a safe area away from food, preparation and
storage of food, dining areas, and medications.
(9) All furniture and furnishings shall be
clean and in good repair. There shall be at least 150 square feet of common
space and sufficient comfortable furniture in the AFH to accommodate the
recreational and socialization needs of the occupants at one time. Common space
may not be located in the basement or garages unless such space was constructed
for that purpose or has otherwise been legalized under permit. Additional space
shall be required if wheelchairs are to be accommodated.
(10) All equipment shall be clean and in good
repair. Laundry facilities shall be separate from food preparation and other
individual use areas. The provider shall maintain the following:
(a) Locked storage area for chemicals that
pose a safety threat to individuals or family members;
(b) Sufficient, separate storage and handling
space to ensure that clean laundry is not contaminated by soiled laundry;
(c) Outlets, venting, and water
hookups according to State Building Code requirements; and
(d) Washing machines shall have a minimum
rinse temperature of 140 degrees Fahrenheit.
(11) All equipment shall be clean and in good
repair. The provider shall maintain an area for dry storage, not subject to
freezing, in cabinets or a separate pantry with a minimum of one week's supply
of staple foods. The provider shall maintain the following:
(a) Sufficient refrigeration space maintained
at 45 degrees Fahrenheit or less and freezer space maintained at 0 degree
Fahrenheit or less for a minimum of two days' supply of perishable foods;
(b) A dishwasher with a minimum
final rinse of 140 degrees Fahrenheit;
(c) Smooth, nonabsorbent and cleanable
counters for food preparation and serving;
(d) Appropriate storage for dishes and
cooking utensils designed to be free from potential contamination;
(e) Stove and oven equipment for cooking and
baking needs;
(f) Storage for a mop
and other cleaning tools and supplies used for food preparation, dining, and
adjacent areas. Such cleaning tools shall be maintained separately from those
used to clean other parts of the home; and
(g) Dining Space where meals are served shall
be provided to seat all individuals at the same seating.
(12) Details and Finishes:
(a) The building and furnishings shall be
clean and in good repair, and grounds shall be maintained. Walls, ceilings, and
floors shall be of such character to permit frequent washing, cleaning, or
painting;
(b) Locks used on doors
to individuals' units shall be in good repair with an interactive lock to
release with operation of the inside door handle and be master keyed from the
corridor side and comply with the requirements established by OAR
309-040-0365(6)(a)
and its subsections. Exit doors may not have locks that prevent evacuation
except as permitted by Section 1008.1.8 of the building code. An exterior door
alarm or other acceptable system may be provided for security purposes and
alert the provider when individuals or others enter or exit the home.
(c) Handrails. Handrails shall be secured on
all stairways.
(13) The
heating system shall be in working order:
(a)
Areas of the AFH used by individuals shall be maintained at no less than 68
degrees Fahrenheit during daytime hours and no less than 60 degrees Fahrenheit
during sleeping hours. During times of extreme summer heat, the provider shall
make reasonable effort to make the residents comfortable using available
ventilation or fans;
(b) All
toilets and shower rooms shall be ventilated by a mechanical exhaust system or
operable window;
(c) Design and
installation of fireplaces, furnaces and wood stoves shall meet standards of
the Oregon Mechanical and Residential Specialty Code and have annual
inspections to assure no safety hazard exists;
(d) Hot water temperatures shall be
maintained within a range of 110? to 120 degrees Fahrenheit. Hot water
temperatures for washing machines and dishwashers shall be at least 140 degrees
Fahrenheit.
(14) All
electrical systems shall meet the standards of the Oregon Electrical Specialty
Code in effect on the date of installation, and all electrical devices shall be
properly wired and in good repair:
(a) When
not fully grounded, GFI-type receptacles or circuit breakers as an acceptable
alternative may protect circuits in individual areas;
(b) Circuit breakers or non-interchangeable
circuit-breaker-type fuses in fuse boxes shall be used to protect all
electrical circuits;
(c) A
sufficient supply of electrical outlets shall be provided to meet individual
and staff needs without the use of extension cords or outlet expander
devices;
(d) A functioning light
shall be provided in each room, stairway, and exit way. Lighting Fixtures shall
be provided in each individual bedroom and bathroom with a light switch near
the entry door and in other areas as required to meet task illumination
needs;
(e) Incandescent light bulbs
shall be protected with appropriate covers.
(15) 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.
(16) Pools, hot tubs, and ponds shall be
equipped with sufficient safety barriers or devices to prevent accidental
injury in accordance with Section R116 of the Oregon Residential Specialty
Code.
(17) Telephones:
(a) A telephone shall be available and
accessible 24 hours a day for individuals' use for incoming and outgoing calls
in the AFH;
(b) Emergency telephone
numbers for the local CMHP, Police, Fire, Medical, Poison Control, provider,
and other emergencies shall be posted by the individuals' telephone. The
posting shall include the name, address, and telephone number of the AFH,
telephone numbers for making complaints or a report of alleged abuse to the
local CMHP, the Division, the Office of Adult Abuse Prevention and
Investigations and the Oregon Advocacy Center;
(c) AFH telephone numbers shall be listed in
the local telephone directory;
(d)
The provider may establish reasonable rules governing telephone use to ensure
equal access by all individuals. Each individual or guardian (as applicable)
shall be responsible for payment of long distance phone bills where calls were
initiated by the individual, unless otherwise mutually agreed arrangements have
been made.
Stat. Auth.: ORS
413.042
Stats. Implemented: ORS
443.705 -
443.825
