Section R9-10-426. Physical Plant Standards

A.      An administrator shall ensure that:

1.        A nursing care institution complies with:

a.         The applicable physical plant health and safety codes and standards, incorporated by reference in

A.A.C. R9-1-412, that were in effect on the date the nursing care institution submitted architectural plans and specifications to the Department for approval according to R9-10-104; and

b.        The requirements for Existing Health Care Occu- pancies in National Fire Protection Association 101, Life  Safety  Code,  incorporated   by  reference  in

A.A.C. R9-1-412;

2.        The premises and equipment are sufficient to accommo- date:

a.         The services stated in the nursing care institution’s scope of services, and

b.        An individual accepted as a resident by the nursing care institution;

3.        A nursing care institution is ventilated by windows or mechanical ventilation, or a combination of both;

4.        The corridors are equipped with handrails on each side that are firmly attached to the walls and are not in need of repair;

5.        No more than two individuals reside in a resident room unless:

a.         The nursing care institution was operating before October 31, 1982; and

b.        The resident room has not undergone a modification as defined in A.R.S. § 36-401;

6.        A resident has a separate bed, a nurse call system, and furniture to meet the resident's needs in a resident room or suite of rooms;

7.        A resident room has:

a.         A window to the outside with window coverings for controlling light and visual privacy, and the location of the window permits a resident to see outside from a sitting position;

b.        A closet with clothing racks and shelves accessible to the resident; and

c.         If the resident room contains more than one bed, a curtain or similar type of separation between the beds for privacy; and

8.        A resident room or a suite of rooms:

a.         Is accessible without passing through another resi- dent's room; and

b.        Does not open into any area where food is prepared, served, or stored.

B.       If a swimming pool is located on the premises, an administra- tor shall ensure that:

1.        The swimming pool is enclosed by a wall or fence that:

a.         Is at least five feet in height as measured on the exte- rior of the wall or fence;

b.        Has no vertical openings greater that four inches across;

c.         Has no horizontal openings, except as described in subsection (B)(1)(e);

d.        Is not chain-link;

e.         Does not have a space between the ground and the bottom fence rail that exceeds four inches in height; and

f.         Has a self-closing, self-latching gate that:

i.         Opens away from the swimming pool,

ii.        Has a latch located at least 54 inches from the ground, and

iii.      Is locked when the swimming pool is not in use; and

2.        A life preserver or shepherd’s  crook is available and accessible in the pool area.

C.      An administrator shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (B)(1) is covered and locked when not in use.

Historical Note

Adopted effective January 28, 1980 (Supp. 80-1). Section repealed by final rulemaking at 8 A.A.R. 2785, effective October 1, 2002 (Supp. 02-2). New Section R9-10-426 made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt

rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013,

Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).