Section R9-10-820. Physical Plant Standards

A.      A manager shall ensure that an assisted living center complies with the applicable physical plant health and safety codes and standards, incorporated by reference in A.A.C. R9-1-412, in effect on the date the assisted living facility submitted archi- tectural plans and specifications to the Department for approval, according to R9-10-104.

B.       A manager shall ensure that:

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

a.         The services stated in the assisted living facility’s scope of services, and

b.        An individual accepted as a resident by the assisted living facility;

2.        A common area for use by residents is provided that has sufficient space and furniture to accommodate the recre- ational and socialization needs of residents;

3.        A dining area has sufficient space and tables and chairs to accommodate the needs of the residents;

4.        At least one bathroom is accessible from a common area and:

a.         May be used by residents and visitors;

b.        Provides privacy when in use; and

c.         Contains the following:

i.         At least one working sink with running water,

ii.        At least one working toilet that flushes and has a seat,

iii.      Toilet tissue for each toilet,

iv.       Soap in a dispenser accessible from each sink,

v.        Paper towels in a dispenser or a mechanical air hand dryer,

vi.       Lighting, and

vii.     A window that opens or another means of ven- tilation;

5.        An outside activity space is provided and available that:

a.         Is on the premises,

b.        Has a hard-surfaced section for wheelchairs, and

c.         Has an available shaded area;

6.        Exterior doors are equipped with ramps or other devices to allow use by a resident using a wheelchair or other assistive device; and

7.        The key to the door of a lockable bathroom, bedroom, or residential unit is available to a manager, caregiver, and assistant caregiver.

C.      A manager shall ensure that:

1.        For every eight residents there is at least one working toi- let that flushes and has a seat and one sink with running water;

2.        For every eight residents there is at least one working bathtub or shower; and

3.        A resident bathroom provides privacy when in use and contains:

a.         A mirror;

b.        Toilet tissue for each toilet;

c.         Soap accessible from each sink;

d.        Paper towels in a dispenser or a mechanical air hand dryer for a bathroom that is not in a residential unit and used by more than one resident;

e.         A window that opens or another means of ventila- tion;

f.         Grab bars for the toilet and, if applicable, the bathtub or shower and other assistive devices, if required to provide for resident safety; and

g.        Nonporous surfaces for shower enclosures and slip- resistant surfaces in tubs and showers.

D.      A manager shall ensure that:

1.        Each resident is provided with a sleeping area in a resi- dential unit or a bedroom;

2.        For an assisted living home, a resident’s sleeping area is on the ground floor of the assisted living home unless:

a.         The resident is able to direct self-care;

b.        The resident is ambulatory without assistance; and

c.         There are at least two unobstructed, usable exits to the outside from the sleeping area that the resident is capable of using;

3.        Except as provided in subsection (E), no more than two individuals reside in a residential unit or bedroom;

4.        A resident’s sleeping area:

a.         Is not used as a common area;

b.        Is not used as a passageway to a common area, another sleeping area, or common bathroom unless the resident’s sleeping area:

i.         Was used as a passageway to a common area, another sleeping area, or common bathroom before October 1, 2013; and

ii.        Written consent is obtained from the resident or the resident’s representative;

c.         Is constructed and furnished to provide unimpeded access to the door;

d.        Has floor-to-ceiling walls with at least one door;

e.         Has access to natural light through a window or a glass door to the outside; and

f.         Has a window or door that can be used for direct egress to outside the building;

5.        If a resident’s sleeping area is in a bedroom, the bedroom has:

a.         For a private bedroom, at least 80 square feet of floor space, not including a closet or bathroom;

b.        For a shared bedroom, at least 60 square feet of floor space for each individual occupying the shared bed- room, not including a closet or bathroom; and

c.         A door that opens into a hallway, common area, or outdoors;

6.        If a resident’s sleeping area is in a residential unit, the res- idential unit has:

a.         Except as provided in subsection (E)(2), at least 220 square feet of floor space, not including a closet or bathroom, for one individual residing in the residen- tial unit and an additional 100 square feet of floor space, not including a closet or bathroom, for each additional individual residing in the residential unit;

b.        An individually keyed entry door;

c.         A bathroom that provides privacy when in use and contains:

i.         A working toilet that flushes and has a seat;

ii.        A working sink with running water;

iii.      A working bathtub or shower;

iv.       Lighting;

v.        A mirror;

vi.       A window that opens or another means of ven- tilation;

vii.     Grab bars for the toilet and, if applicable, the bathtub or shower and other assistive devices, if required to provide for resident safety; and

viii.    Nonporous surfaces for shower enclosures and slip-resistant surfaces in bathtubs and showers;

d.        A resident-controlled thermostat for heating and cooling;

e.         A kitchen area equipped with:

i.         A working sink and refrigerator,

ii.        A cooking appliance that can be removed or disconnected,

iii.      Space for food preparation, and

iv.       Storage for utensils and supplies; and

f.         If not furnished by a resident:

i.         An armchair, and

ii.        A table where a resident may eat a meal; and

7.        If not furnished by a resident, each sleeping area has:

a.         A bed, at least 36 inches in width and 72 inches in length, consisting of at least a frame and mattress that is clean and in good repair;

b.        Clean linen, including a mattress pad, sheets large enough to tuck under the mattress, pillows, pillow cases, a bedspread, waterproof mattress covers as needed, and blankets to ensure warmth and comfort for the resident;

c.         Sufficient light for reading;

d.        Storage space for clothing;

e.         Individual storage space for personal effects; and

f.         Adjustable window covers that provide resident pri- vacy.

E.       A manager may allow more than two individuals to reside in a residential unit or bedroom if:

1.        There is at least 60 square feet for each individual living in the bedroom;

2.        There is at least 100 square feet for each individual living in the residential unit; and

3.        The manager has documentation that the assisted living facility has been operating since before November 1, 1998, with more than two individuals living in the resi- dential unit or bedroom.

F.       If there is a swimming pool on the premises of the assisted liv- ing facility, a manager shall ensure that:

1.        Unless the assisted living facility has documentation of having received an exception from the Department before October 1, 2013, 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 (F)(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;

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

3.        Pool safety requirements are conspicuously posted in the swimming pool area.

G.      A manager shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (F)(1) is covered  and locked when not in use.

Historical Note

New Section 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).