Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 360 - ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
Section 411-360-0130 - AFH-DD Standards

(a) The use of a resident manager and substitute caregivers, as applicable.

(b) The schedule of the provider, resident manager, and substitute caregivers, as applicable.

(c) The plan for coverage in the absence of the provider, resident manager, or substitute caregivers, as applicable.

(d) The plan for covering administrative responsibilities and staffing qualifications when multiple homes are operated by the same provider.

(a) Up-to-date documentation must be maintained verifying an AFH-DD meets the following:

(b) General buildings must be of sound construction and meet all applicable state and local fire and safety regulations in effect at the time of construction. It is the duty of the licensee to check with local government to be sure all applicable local codes have been met. A current floor plan of the AFH-DD must be on file with the local CDDP.

(c) Mobile homes must have been built in 1976 or later and designed for use as a home rather than a travel trailer. The mobile home must have the label from the manufacturer permanently affixed to the home that states the mobile home meets the requirements of the Department of Housing and Urban Development (HUD) or authority having jurisdiction.

(d) INTERIOR AND EXTERIOR.

(e) LIGHTING. Adequate lighting must be provided in each room, interior and exterior stairways, and interior and exterior exit ways. Incandescent light bulbs and florescent tubes must be protected and installed per the directions of the manufacturer.

(f) TEMPERATURE.

(g) COMMON USE AREAS.

(h) Marijuana must not be grown in or on the premises of an AFH-DD. An individual with an Oregon Medical Marijuana Program (OMMP) registry card must arrange for and obtain their own supply of medical marijuana from a designated grower as authorized by OMMP. A provider, caregiver, other employee, or any occupant in or on the premises of the AFH-DD, must not be designated as the grower for an individual and must not deliver marijuana from the supplier.

(a) A public water supply must be utilized if available. If a non-municipal water source is used, the water source must be tested annually for coliform bacteria by a certified agent and records must be retained for two years. Corrective action must be taken to ensure potability.

(b) Septic tanks or other non-municipal sewage disposal systems must be in good working order.

(c) Garbage and refuse must be suitably stored in readily cleanable, rodent proof, covered containers, pending weekly removal.

(d) Prior to laundering, soiled linens and clothing must be stored in containers in an area separate from food storage and the kitchen and dining areas. Special pre-wash attention must be given to soiled and wet bed linens.

(e) Sanitation for household pets and other domestic animals must be adequate to prevent health hazards.

(f) There must be adequate control of insects and rodents, including screens in good repair on doors and windows used for ventilation.

(g) Universal precautions for infection control must be followed. Hands and other skin surfaces must be washed immediately and thoroughly if contaminated with blood or other body fluids.

(h) Precautions must be taken to prevent injuries caused by needles and other sharp instruments or devices during procedures.

(a) Provide for individual privacy and have a finished interior, a mirror, and a window capable of being opened with a window covering or other means of ventilation.

(b) No person must have to walk through the bedroom of another person to access a bathroom.

(c) Be clean and free of objectionable odors.

(d) Bathtubs, showers, toilets, and sinks must be in good repair.

(e) Hot and cold water must be in sufficient supply to meet the individuals' personal hygiene needs. Hot water temperature sources for bathing areas may not exceed 120 degrees Fahrenheit.

(f) Shower enclosures must have nonporous surfaces. Glass shower doors must be tempered safety glass. Shower curtains must be clean and in good condition.

(g) Bathtubs and showers must have non-slip floor surfaces.

(h) Toilets, bathtubs, and showers must have grab bars as required by the individuals' needs.

(i) The toilet, bathtub, and shower must have barrier-free access with appropriate fixtures for non-ambulatory individuals in the AFH-DD. Alternative arrangements for non-ambulatory individuals must be appropriate to individual needs for maintaining good personal hygiene.

(j) Adequate supplies of toilet paper for each toilet and soap for each sink must be provided.

(k) Each individual must be provided with a towel and wash cloth that is laundered in hot water at least weekly or more often if necessary.

(a) Bedrooms for all household occupants must meet the following conditions:

(b) A provider or their family members must not sleep in areas designated as common use living areas or share a bedroom with an individual.

(c) If an individual chooses to share a bedroom with another individual, the individuals must be afforded an opportunity to have a choice of roommates.

(d) Individuals must have the freedom to decorate and furnish his or her own bedroom as agreed to within the Residency Agreement.

(e) SINGLE ACTION LOCKS.

(f) Each individual must have a bed. The bed must include a frame, unless otherwise documented by an ISP team decision. The bed must include a clean and comfortable mattress, a waterproof mattress cover if an individual is incontinent, and a pillow.

(g) Each individual's bedroom must have a separate, private dresser and closet space sufficient for the individual's clothing and personal effects, including hygiene and grooming supplies. An individual must be provided private and secure storage space to keep and use reasonable amounts of personal belongings.

(h) Drapes or shades for windows must be in good condition and allow privacy for individuals.

(i) Bedrooms must be on ground level for individuals who are non-ambulatory or have impaired mobility.

(j) Individual bedrooms must be in close enough proximity to the provider to alert the provider to nighttime needs or emergencies or be equipped with an intercom or audio monitoring as approved by an ISP team.

(k) Each individual's bedroom must have at least one window or exterior door that readily opens from the inside without special tools and provides a clear opening of not less than 821 square inches (5.7 sq. ft.), with the least dimensions not less than 22 inches in height or 20 inches in width. If sill height is more than 44 inches from the floor level, approved steps or other aids for window egress must be provided. A grade floor window with a clear opening of not less than 720 square inches (5.0 sq. ft.) with a sill height of 48 inches may be accepted when approved by the State Fire Marshal or the authority having jurisdiction designee of the State Fire Marshal.

(a) A provider must support an individual's freedom to have access to his or her personal food at any time. Limitations may only be used when there is a health or safety risk and a written informed consent is obtained as described in OAR 411-360-0170 and OAR 411-004-0040.

(b) Three nutritious meals and two snacks must be provided daily. Meals must be offered at times consistent with those in the community.

(c) A schedule of meal times and menus for the coming week must consider individual preferences and be prepared and posted weekly in a location accessible to individuals and their families.

(d) An individual is responsible for the provision of food beyond the required three meals and two snacks.

(e) MODIFIED OR SPECIAL DIETS. For an individual with a modified or special diet ordered by a physician or licensed health care provider, a provider must:

(f) Adequate storage must be available to maintain food at a proper temperature, including a properly working refrigerator. Food storage and preparation areas must protect food from dirt and contamination and be free from spoiled or expired food.

(g) Meals must be prepared and served in the AFH-DD.

(h) Household utensils, dishes, and glassware must be washed in hot soapy water, rinsed, and stored to prevent contamination.

(i) Food storage, preparation areas, and equipment must be clean, free of objectionable odors, and in good repair.

(j) Home-canned foods must be processed according to the guidelines of the Oregon State University Extension Service. Freezing is the most acceptable method of food preservation. Milk must be pasteurized.

(a) A telephone must be provided in the AFH-DD that is available and accessible for the use of the individuals for incoming and outgoing calls. Telephone lines must be unblocked to allow for access.

(b) The following emergency telephone numbers must be posted in close proximity to each phone utilized by the provider, resident manager, individuals, and caregivers:

(c) Telephone numbers for making complaints or a report of alleged abuse to the Department, the local CDDP, and Disability Rights Oregon, must also be posted.

(d) A telephone must be accessible to individuals for outgoing calls 24 hours a day.

(e) The telephone number for an AFH-DD must be listed in the local telephone directory.

(f) The licensee must notify the Department, individuals, and as applicable the families, legal representatives, and service coordinators of the individuals, of any change in the AFH-DD's telephone number within 24 hours of the change.

(a) Buildings must meet all applicable state and local building, mechanical, and housing codes for fire and life safety. The AFH-DD may be inspected for fire safety by the Office of the State Fire Marshal at the request of the Department using the standards in these rules as appropriate.

(b) Only ambulatory individuals capable of self-preservation may be housed on a second floor or in a basement.

(c) Split level homes must be evaluated according to accessibility, emergency egress, and evacuation capabilities of the individuals.

(d) Ladders, rope, chain ladders, and other devices may not be used as a secondary means of egress.

(e) Heating in accordance with the specifications of the manufacturer and electrical equipment, including wood stoves, must be installed in accordance with all applicable fire and life safety codes, used and maintained properly, and be in good repair.

(f) Extension cord wiring and multi-plug adaptors must not be used in place of permanent wiring.

(g) Each exit door and interior door used for exit purposes must have simple hardware that cannot be locked against exit and must have an obvious method of single action operation.

(h) CARBON MONOXIDE ALARMS. Carbon monoxide alarms must be listed as complying with ANSI/UL 2034 and must be installed and maintained in accordance with the instructions of the manufacturer. A carbon monoxide alarm must be installed within 15 feet of each bedroom at the height recommended by the manufacturer.

(i) SMOKE ALARMS. A smoke alarm must be installed in accordance with the instructions of the manufacturer in each bedroom, hallway or access area adjoining bedrooms, family room or main living area where occupants congregate, laundry room, office, and basement. In addition, a smoke alarm must be installed at the top of each stairway in a multi-level home.

(j) Each carbon monoxide alarm and smoke alarm must contain a sounding device or be interconnected to other alarms to provide, when activated, an audible alarm in each bedroom. The alarm must be loud enough to wake occupants when all bedroom doors are closed.

(k) A licensee must test each carbon monoxide alarm and smoke alarmin accordance with the instructions of the manufacturer at least monthly (per NFPA 72). Testing must be documented in the AFH-DD records.

(l) FIRE EXTINGUISHERS. At least one 2A-10BC rated fire extinguisher must be in a visible and readily accessible location on each floor, including the basement. Fire extinguishers must be inspected at least once a year by a person qualified in fire extinguisher maintenance. All recharging and hydrostatic testing must be completed by a qualified agency properly trained and equipped for this purpose. Maintenance must be documented in the AFH-DD records.

(m) A licensee must maintain carbon monoxide alarms, smoke alarms, and fire extinguishers in functional condition. If there are more than two violations in maintaining battery operated alarms in working condition, the Department may require the licensee to hard wire the alarms into the electrical system.

(a) EVACUATION.

(b) EVACUATION DRILLS.

(c) A new individual must receive an orientation to basic safety and shown how to respond to a fire and carbon monoxide alarm and how to exit from the AFH-DD in an emergency within 24 hours of arriving. Documentation of orientation must be maintained in the individual's record.

(d) FLOOR PLANS. A provider must provide, post, and keep up to date, a floor plan on each floor.

(e) At least one plug-in rechargeable flashlight must be available for emergency lighting in a readily accessible area on each floor, including the basement.

(f) If an individual accesses the community independently, the provider must provide the individual information about appropriate steps to take in an emergency, such as emergency contact telephone numbers, contacting police or fire personnel, or other strategies to obtain assistance.

(g) WRITTEN EMERGENCY PLAN. A provider must develop, maintain, and implement a written Emergency Plan for the protection of each individual in the event of an emergency or disaster. The Emergency Plan must:

(a) Flammable and combustible liquids and hazardous materials must be safely and properly stored in original, properly labeled containers or safety containers, and secured to prevent tampering by individuals and vandals.

(b) Oxygen and other gas cylinders in service or in storage must be adequately secured to prevent cylinders from falling or being knocked over.

(c) To protect the safety of the individuals, a provider must store hunting equipment and weapons in a safe and secure manner inaccessible to the individuals. Ammunition must be secured in a locked area separate from firearms.

(d) For an AFH-DD with one or more employees, smoking regulations in compliance with the Indoor Clean Air Act must be adopted to allow smoking only in outdoor designated areas. Signs must be posted prohibiting smoking in the workplace per OAR 333-015-0040.

(e) Cleaning supplies, poisons, and insecticides must be properly stored in original, properly labeled containers in a safe area away from food, food preparation and storage, dining areas, and medications, and in a manner to prevent tampering by individuals.

(a) The AFH-DD license and conditions attached to the license in accordance with OAR 411-360-0080;

(b) Poster for the Residential Facilities Ombudsman Program in accordance with ORS 443.392;

(c) The Bill of Rights and house rules in accordance with OAR 411-360-0170;

(d) The Department's procedure for making complaints in accordance with OAR 411-360-0220;

(e) A weekly menu in accordance with section (6) of this rule; and

(f) The current floor plan in accordance with section (8) of this rule.