Ohio Admin. Code 5123-3-02 - Licensed residential facilities - physical environment standards, fire safety, and emergency response planning
(A)
Purpose
This rule establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with section 5123.19 of the Revised Code are provided a safe, healthy, and homelike living environment that meets their specific needs.
(B)
Definitions
For the purposes of this rule, the following definitions apply:
(1)
"Adult" means an individual age eighteen and
older.
(2)
"Business day" means a day of the week, excluding
Saturday, Sunday, or a legal holiday as defined in section
1.14 of the Revised
Code.
(3)
"Child" means an individual less than age
eighteen.
(4)
"Fire safety drill" means a documented simulation of
the actions to be taken in response to a fire emergency.
(5)
"Individual"
means a person with a developmental disability.
(6)
"Individual
service plan" means the written description of services, supports, and
activities to be provided to an individual and includes an "individual program
plan" as that term is used in
42 C.F.R.
483.440 as in effect on the effective date of
this rule.
(7)
"Intermediate care facility for individuals with
intellectual disabilities" has the same meaning as in section
5124.01 of the Revised
Code.
(8)
"Operator" means the entity responsible for management
of and provision of services at the residential facility.
(9)
"Physical
evacuation" means that the individuals residing in the residential facility
physically leave the facility or, in the case of a facility that is classified
as I-1 or I-2 occupancy pursuant to section 308 of the Ohio building code,
individuals residing in the facility are moved to a separate fire area within
the facility that is separated by a two-hour rated firewall.
(10)
"Residential
facility" has the same meaning as in section
5123.19 of the Revised
Code.
(11)
"State/local authority" means:
(a)
For fire safety,
the state fire marshal's office or the local fire department;
or
(b)
For emergency response, a chapter of the "American Red
Cross" or the county emergency management agency.
(C)
Physical environment standards and configuration
(1)
The interior,
exterior, and grounds of the residential facility will be configured in a
manner so that the residential facility:
(a)
Is accessible to
residents;
(b)
Can accommodate the assessed needs and degree of
ability of residents; and
(c)
Provides for service delivery that is age-appropriate
for residents.
(2)
All areas of the interior, exterior, and grounds of the
residential facility and all electrical, plumbing, and heating systems of the
residential facility will be maintained in a clean and sanitary manner and in
good repair at all times and adequate to meet the needs of the
individuals.
(3)
All solid waste will be disposed of immediately after
production or stored in leak-proof containers with tight-fitting covers which
provide protection from animals, rodents, and insects until time of disposal.
Such waste will be disposed of through a public disposal service, a private
contract service, or otherwise in accordance with the requirements of the Ohio
department of health and any local regulations, rules, codes, or
ordinances.
(4)
Disinfectants, pesticides, poisons, and other toxic
substances will be properly labeled and stored separate from food products. All
substances defined as "hazardous substances" or which are labeled "warning,"
"caution," or "danger" will be used in a manner that ensures the health and
safety of individuals served in the residential facility.
(5)
Gasoline,
kerosene, paints, and other flammable materials and liquids will be stored in a
safe manner and in accordance with the manufacturer's label. Storage of
combustible and non-combustible materials will not produce conditions that
create a fire, safety, or health hazard.
(6)
No part of the
residential facility will be off limits to individuals except for office areas
used exclusively by staff, staff quarters, bathrooms located in or adjacent to
staff quarters, bedrooms of other individuals unless consent is given, and
mechanical and boiler rooms or other areas of the facility that present a
health or safety risk to an individual as identified in the individual service
plan.
(7)
The residential facility must have two means of egress
remote from each other for each floor level, except basements which are not
used as activity or program areas and are limited to laundry use and
storage.
(8)
Each building or part of a building and all utilities,
sanitary facilities, and appliances will be designed, constructed, and
installed in compliance with applicable rules of the Ohio building code, the
Ohio sanitary code, the Ohio fire code, and any county or municipal building,
safety, and fire regulations or codes.
(9)
The residential
facility will have parking spaces, curb cuts, walkways, exit/entry ramps,
toilets, showers, tubs, sinks, doorways, and other features that facilitate
accessibility.
(10)
Only lead-free paints and finishes will be used in the
residential facility.
(11)
The residential facility will have sufficient rooms,
offices, and other space, including storage space, needed by the operator,
administrator, and staff to carry out the functions of the residential
facility.
(12)
The residential facility's address number will be
clearly visible from the street.
(13)
The grounds and
buildings of the residential facility will not include any sign which labels
the functions of the residential facility or the individuals who reside
therein.
(14)
The names of residential facilities and descriptions of
the individuals residing in those facilities will not convey treatment, body
parts, illness, disability, or inactivity. A residential facility will not use
the words "hospital," "nursing home," or "rest home" in its name or
letterhead.
(15)
If the residential facility has an outside play area
and serves children six years of age and younger who are ambulatory, the
outside play area will be enclosed by a fence with a height sufficient to
prevent egress from the area.
(16)
Swimming pools
on the grounds of residential facilities, including residential facilities in
apartment complexes, will:
(a)
Meet local and state requirements regarding
construction, operation, and sanitation.
(b)
Be used by
individuals only in the presence of a person who holds "American Red Cross" or
equivalent lifeguarding certificate or shallow water lifeguarding certificate
if the pool is less than five feet deep, unless otherwise specified in the
individual service plan.
(17)
An operator
shall:
(a)
Annually obtain a fire inspection and if applicable, a water
and sewer inspection, and provide the inspection to the department upon
request.
(b)
Maintain the heating system, and cooling system if
applicable, of the residential facility in safe operating condition. The
residential facility will be maintained at a comfortable and healthy
temperature based on the individuals' needs and desires.
(c)
Take measures to
eliminate and prevent the presence of insects, rodents, and other vermin in and
around the residential facility. Opened doors and windows will be screened. The
extermination of insects, rodents, and other vermin will be done in such a
manner as not to create a fire or other safety or health
hazard.
(d)
Ensure sidewalks, escape routes, and entrances are free
of obstacles and ice and snow.
(e)
If the
residential facility has a gas furnace and/or gas water heater, maintain a
carbon monoxide detector in accordance with the manufacturer's
specifications.
(D)
Space
requirements and usage
(1)
Living area
(a)
The residential facility will have a minimum of eighty
square feet of living area for each individual.
(b)
Living area
includes, but is not limited to, living rooms, dining rooms, recreation or
family rooms, and portion of kitchen floor space available for individual
use.
(c)
Living area does not include bedrooms, bathrooms,
laundry rooms, closets, corridors, hallways, garages, and unfinished
basements.
(2)
Bedrooms
(a)
No bedroom will be occupied by more than two
individuals.
(b)
No bedroom will be occupied by individuals of the
opposite sex unless both occupants are consenting adults or both occupants are
less than age six.
(c)
No bedroom will be occupied by an adult and a child
unless the occupants are related to one another.
(d)
Each bedroom
occupied by one individual will have a minimum of eighty square
feet.
(e)
Each bedroom occupied by two individuals will have a
minimum of one hundred twenty square feet.
(f)
If the bedroom is
below the grade level of the residential facility, the room must have two means
of egress, one of which may be a window provided the individual using the room
can safely evacuate through the window.
(g)
Living rooms,
dining rooms, entryways, closets, corridors, hallways, outside porches,
unfinished attics, and unfinished basements will not be used as
bedrooms.
(h)
Each bedroom will be adequately ventilated and have at
least one outside window complete with a window treatment to provide adequate
privacy for the individual.
(i)
Each bedroom
occupied by individuals who are non-ambulatory will be located on the first
floor unless the residential facility has an automatic fire extinguishing
system.
(j)
Bedrooms will not be used as throughways to and from
other areas of the residential facility.
(k)
An operator shall
provide each individual with:
(i)
A bed or crib that is clean, comfortable, sturdy, safe,
and in good condition and appropriate for the individual's age and
ability.
(a)
Hideaway beds, roll away beds, sleeper sofas, and futons
will not be used.
(b)
Cribs may be used only for individuals less than age
five. An individual needing to sleep in a crib will sleep in a crib which is at
least six inches longer than the individual's extended length.
(c)
Side rails and/or
bed enclosures may be used only as approved in the individual service
plan.
(d)
No individual will sleep on an exposed mattress or on
an exposed mattress cover. Waterproof mattress covers will be provided for
infants and individuals who are incontinent.
(e)
Linens and
bedding for each bed or crib will be appropriate for the weather and climate
and maintained to provide clean and sanitary sleeping accommodations for each
individual.
(ii)
Closet and drawer space in the individual's bedroom for
in-season clothing and personal possessions with racks and shelves accessible
to the individual.
(3)
Kitchen and
dining
(a)
The
residential facility will have at least one area accessible to individuals used
for the preparation and serving of food under sanitary
conditions.
(b)
Each area used for dining will have a minimum of
fifteen square feet for each individual in the residential facility, not
including the area generally recognized as counter and appliance space
necessary for the normal preparation of meals.
(4)
Bathroom and
laundry
(a)
The
residential facility will provide bathrooms and plumbing fixtures, including
grab rails where needed, appropriate for the age and degree of ability of the
individuals.
(b)
All bathrooms and plumbing fixtures will be in
compliance with applicable state and local regulations, rules, codes, and
ordinances.
(c)
The residential facility will provide for toilet and
bathing facilities at a minimum ratio of one to four, appropriate in size and
design to meet the needs of the individuals. Toilet and bathing facilities will
be provided on each floor with bedrooms.
(d)
The residential
facility will provide for individual privacy in toilets, bathtubs, and
showers.
(e)
Lavatories and bathing facilities will be supplied with
hot and cold running water maintained at a comfortable level for each
individual to prevent injury.
(f)
Laundry services
will be accessible to the individuals and adequate to meet their
needs.
(E)
Furnishings,
equipment, and supplies
An operator shall:
(1)
Provide the
residential facility with safe, sanitary, comfortable, and homelike equipment,
furniture, and appliances in good repair and appropriate for the age and
ability of individuals.
(2)
Provide a means (e.g., telephone, wireless telephone,
or computer) for communicating with others to which individuals have free
access at all times and in a manner that affords an individual
privacy.
(3)
Ensure a sufficient supply of soap and basic toiletries
(i.e., deodorant, shampoo, oral hygiene items, and feminine hygiene products),
toilet paper, clean towels and washcloths, and first aid supplies is available
to meet the need of the individuals.
(F)
Fire safety and
emergency response
(1)
Each residential facility will have a fire safety and
emergency response plan approved by the state/local authority that at a
minimum, addresses the actions to be taken in the event of a fire, tornado, or
other natural disaster.
(a)
The fire safety and emergency response plan will
include, but is not limited to:
(i)
A policy that addresses smoking regulations and the
storage of combustible materials;
(ii)
A fire safety
training program that includes provisions for rescue, alarm, containment, and
evacuation;
(iii)
Designation of a tornado shelter or safe area in the
residential facility and the procedure for accessing the area;
(iv)
Responses to
fires, weather-related emergencies, or other disasters when relocation of
individuals is not required;
(v)
Responses to
fires, weather-related emergencies, or other disasters when relocation of
individuals is required, including designation of a pre-arranged place to meet
in case of a physical evacuation of the residential facility;
and
(vi)
A procedure for permitting re-entry to the residential
facility following a fire safety drill and/or physical
evacuation.
(b)
The residential facility will share the fire safety and
emergency response plan with the county board of developmental
disabilities.
(2)
A current graphic floor plan will be posted
unobstructed on each floor of the residential facility and in an area most
appropriate for the posting of staff information. The graphic floor plan will
include, but is not limited to:
(a)
A primary and secondary means of exit from each
floor;
(b)
The location of pull stations and fire control system
panels, when applicable;
(c)
Fire escapes;
(d)
The telephone
number of the local fire department or "911";
(e)
Designated
tornado shelter or safe area; and
(f)
Designated
meeting places in case of fire.
(3)
No exit,
stairway, corridor, ramp, elevator, fire escape, or other means of exit from a
building will be used for storage purposes or be otherwise obstructed from
use.
(4)
A fire extinguisher approved by the state/local
authority will be located on each floor and in the natural path of escape from
a fire, at readily accessible and visible points which are not likely to be
obstructed.
(5)
Each residential facility with six or more individuals
will be equipped with:
(a)
An automatic sprinkler system meeting the requirements
of "National Fire Protection Association" 13-D, "Sprinkler Systems in One and
Two Family Dwellings." The sprinkler system will be interconnected with the
smoke and fire detection and alarm system.
(b)
An automatic
sprinkler system meeting the requirements of "National Fire Protection
Association" 13, "Standard for the Installation of Sprinkler Systems," when a
residential facility has seventeen or more individuals, or when a residential
facility with six to sixteen individuals cannot be physically evacuated in
twelve minutes or less. The sprinkler system will be interconnected with the
smoke and fire detection and alarm system. A new residential facility with six
to sixteen individuals classified as I-1 occupancy pursuant to section 308 of
the Ohio building code on or after May 18, 1995, will be required to have a
sprinkler system meeting the requirements of "National Fire Protection
Association" 13-R, "Installation of Sprinkler Systems in Residential
Occupancies Up to Four Stories in Height."
(c)
A smoke and fire
detection and alarm system meeting the requirements of "National Fire
Protection Association" 72, "National Fire Alarm Code," depending upon the
nature of the physical facility involved and such other standards as required
by the appropriate building and fire officials.
(d)
Fire alarm pull
stations near each main exit and in the natural path of escape from a fire, at
readily accessible and visible points which are not likely to be
obstructed.
(6)
Each residential facility with five or fewer
individuals will be equipped with:
(a)
At least a single station smoke detector on each floor
of the facility. Each smoke detector will be mounted on the ceiling or wall at
a point centrally located in the corridor or area giving access to rooms used
for sleeping. Where sleeping rooms are on an upper level, the smoke detector
will be placed at the center of the ceiling directly above the stairway. All
smoke detectors will be installed and maintained in accordance with the
manufacturer's recommendations. When the smoke detectors are wall-mounted, they
will be located within twelve inches, but no closer than four inches, of the
ceiling. Installation will not interfere with the operating characteristics of
the smoke detector. When activated, the smoke detector will provide an alarm
audible in the residential facility.
(b)
An approved fire
alarm system, which includes bells, sirens, horns, lights, or other equipment
as may be appropriate, when services are provided to individuals who are
visually and/or hearing impaired.
(c)
An automatic
sprinkler system meeting the requirements of "National Fire Protection
Association" 13-D, "Sprinkler Systems in One and Two Family Dwellings," and a
smoke detection system as required by paragraph (F)(6)(a) of this rule when the
residential facility cannot be physically evacuated in three minutes or
less.
(7)
The operator shall ensure that all sprinkler systems,
fire alarms, extinguishing systems, and other safety equipment are properly
maintained.
(8)
The department may utilize the "National Fire
Protection Association 101: Life Safety Code" (2021 edition) to determine if
additional life safety requirements are needed.
(9)
The operator
shall conduct and document at least three fire safety drills in a twelvemonth
period with one conducted during the morning, one conducted during the
afternoon or evening, and one conducted during the time when individuals are
routinely asleep.
(10)
The operator shall conduct and document at least one
tornado drill in a twelvemonth period.
(11)
Fire safety
drills and tornado drills may be announced or unannounced and will be conducted
in accordance with the assessed needs of individuals as identified in their
individual service plans.
(12)
Residential
facility staff will be trained in fire safety, operation of fire safety
equipment and warning systems, and the residential facility's fire safety and
emergency response plan in accordance with rule
5123-3-01 of the Administrative
Code.
(13)
Each individual will participate in documented training
of the residential facility's fire safety and emergency response plan within
thirty calendar days of residency and at least once during every twelve-month
period thereafter. The training will be appropriate for the individual's needs
based on the results of an assessment.
(14)
Except at an
intermediate care facility for individuals with intellectual disabilities,
individuals may be trained to assist one another in case of fire or other
emergency to the extent their abilities permit without additional personal risk
and as indicated in their individual service plans.
(15)
An operator
shall:
(a)
Report to the department within one business day any fire to
which a local fire department responded.
(b)
Notify each
individual's family member or guardian, as applicable, as soon as possible when
an emergency requires the operator to relocate individuals from the residential
facility.
(c)
Report to the department and the county department of
job and family services within one business day when an emergency requires the
operator to relocate individuals from the residential facility. When the
residential facility is an intermediate care facility for individuals with
intellectual disabilities, the department will notify the Ohio department of
health district office and the Ohio department of medicaid.
(d)
Provide weekly
updates to the department about individuals who have been relocated due to an
emergency until the individuals return to the residential facility or
permanently relocate to another residential setting.
Replaces: 5123:2-3-02, part of 5123:2-3-08
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.19, 5124.03
Rule Amplifies: 5123.04, 5123.19, 5124.03
Prior Effective Dates: 10/31/1977, 06/12/1981, 09/30/1983, 11/14/1985 (Emer.), 05/05/1986, 08/31/1986, 09/30/1986 (Emer.), 12/05/1986, 08/01/1987, 08/22/1987, 10/12/1987, 10/24/1987, 06/16/1988, 02/01/1990 (Emer.), 04/30/1990, 11/16/1990, 12/01/1990 (Emer.), 12/09/1991, 10/28/1993, 01/08/1994, 05/18/1995, 12/05/1996 (Emer.), 03/20/1997, 04/27/2000, 08/12/2002, 07/22/2004, 01/17/2005, 01/01/2006, 11/12/2012, 10/01/2016
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