Ala. Admin. Code r. 580-3-22-.13

Current through Register Vol. 42, No. 12, September 30, 2024

Section 580-3-22-.13 - Apartment And Individual Dwelling Units

(1) The Department of Mental Health and Mental Retardation is continually working to de-stigmatize the public perception of those with disabilities. It is the mission of the Department of Mental Health and Mental Retardation to assist persons with mental illnesses, intellectual disabilities or substance use disorders to live in their communities without restrictions; therefore, the Office of Life Safety and Technical Services will not conduct life safety reviews in apartments or dwelling units leased or sub-leased by individuals for use as their homes.

(2) These minimum standards are for Mental Illness, Mental Retardation and Substance Abuse Apartment dwelling units containing three or less residents. In addition to these minimum standards, the most current edition of the NFPA 101, Life Safety Code, One and Two Family Dwellings Chapter, International Building Code and National Electrical Code shall also apply. NFPA 101, Life Safety Code, Chapter 24.3.5 shall not apply because the International Residential Code Council has voted not to include sprinkler requirements for One and Two Family Dwellings.

(3) The facility cannot be occupied until the Commissioner issues a Temporary Operating Authority (TOA) granting temporary operating authority or certification based on compliance with the DMH/MR minimum standards. The above referenced type facility shall be classified by DMH/MR Minimum Physical Facility Standards as an Apartment Dwelling Unit.

(a)FIRE SAFETY EQUIPMENT

1. Electric smoke detectors shall be installed and connected to the electrical system (recommend battery backup) and must be connected in series so when one detector sounds all detectors will sound.

2. Smoke detectors shall be installed in the following locations:

(i) In other than existing dwellings (new construction), in all sleeping rooms;

(ii) In existing dwellings, outside of each separate sleeping area in the immediate vicinity of the sleeping rooms; and

(iii) On each level of the dwelling unit including basements.

3. Smoke detectors shall be mounted on ceilings where possible and only allowed on walls when impossible for ceiling mounting.

4. Detectors on walls shall be mounted with top of detector not less than 4 inches nor more than 12 inches from the ceiling.

5. Smoke detectors shall not be located under or within 3 feet of ceiling fan blades or air supply diffusers or returns.

6. Portable fire extinguishers shall be installed, inspected, and maintained in accordance with NFPA 10, Standard for Portable Fire Extinguishers.

(i) A minimum of (1) 10 lb ABC in hallway and (1) 5 lb ABC fire extinguisher in kitchen shall be provided.

(ii) Size of fire extinguisher refers to Charge Weight.

(iii) Mount top of fire extinguisher 5 feet above floor.

(iv) A service tag shall be provided from a certified fire equipment service company for each fire extinguisher.

(v) Fire extinguishers must be visually checked, dated and initialed on rear of service tag each month by the facility operator.

7. Battery pack emergency lighting shall be installed in hallways or other locations as required for illuminating the paths of travel from areas of the facility to designated exits.

(i) Emergency lighting functional testing shall be conducted by the facility operator monthly for a period of not less than 30 seconds and annually for not less than 90 minutes.

(ii) The emergency equipment must remain fully operational for the duration of the test.

(iii) Written records of visual inspections and tests shall be kept by the facility operator for review by DMH/MR.

(b)MAINTENANCE

1. Facilities must be free of hazards, structurally sound and maintained throughout (e.g., sill, joist, pier, foundation, walls, roof and other areas).

2. Insulation in walls, floors and ceilings in any room, including utility rooms, closets and garages, must be covered with finished material.

(c)ADA REQUIREMENTS

1. The specifications in this rule make buildings and facilities accessible to and usable by people with such physical disabilities as the inability to walk, difficulty walking, reliance on walking aids, blindness and visual impairment, deafness and hearing impairment, incoordination, reaching and manipulation disabilities, lack of stamina, difficulty interpreting and reacting to sensory information, and extremes of physical size based generally upon adult dimensions (as cited by American National Standard, Accessible and Usable Building and Facilities, Council of American Building Officials CABO/ANSI A117.1992).

2. Facilities housing physically disabled or non-ambulatory persons using or confined to a walker or wheelchair shall comply with Federal Guidelines for the accessibility for disabled persons. These requirements include complete bathing, toileting facilities, complete facility access and parking. Facilities must comply with ADA requirements for total access to and inside the facility.

(d)MEANS OF EGRESS AND/OR ESCAPE

1. In dwellings or dwelling units of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape (Life Safety Code, One and Two Family Dwellings Chapter).

2. The primary means of escape shall be a door not less than 28 inches in width.

3. Doors on facilities with physically disabled persons must comply with ADA requirements.

4. Secondary means of escape shall be an unobstructed operable window directly leading outside which opens without the use of tools, keys or special effort. Burglar bars requiring a key shall not be used, but those which use a thumb type locking device may be used.

(i) Windows, including storm windows, shall provide a clear opening of not less than 5.7 square feet.

(ii) The width shall not be less than 20 inches and the height shall be not less than 24 inches.

(iii) The bottom of the window opening (sill) shall be not more than 44 inches above the floor.

(iv) The window shall be within 20 feet of grade.

(v)Windows with dimensions of 20" x 24" have a clear opening of 3.3 square feet. Therefore, either the height or width needs to exceed the minimum requirements to provide the required clear opening.

(e)ROOM CEILINGS AND HALLWAYS

1. The width of hallways shall be not less than 36 inches and the height not less than 7 feet 6 inches.

2. The height of room ceilings shall not be less than 7 feet 6 inches.

3. Existing facilities which fit the definition of this code will not be subject to the minimum ceiling height as stated above.

(f)DOORS

1. Doors in the path of travel to the means of escape shall be not less than 28 inches wide and not less than 6 feet 8 inches high.

2. Bathrooms and closet doors shall be not less than 24 inches wide.

3. Doors on facilities with physically disabled persons must comply with ADA standards.

4. Doors shall not have more than 2 locking devices.

(i) No double key dead bolt locks are allowed.

(ii) Keys shall be maintained by designated staff members at all times on the premises.

(g)STAIRS

1. Stairs serving as a required means of escape shall be of permanent fixed construction and shall have handrails on both sides of the steps that are not less than 34 inches or more than 38 inches above the surface of the tread.

2. In new construction, the minimum height of risers must be a minimum of 4 inches and maximum of 7 inches in height, and a minimum tread depth of 11 inches.

3. In existing construction, the maximum height of risers must be 8 inches and the minimum tread depth must be 9 inches.

4. Stairs must be uniform in design.

(h)PORCHES AND LANDINGS

1. Porches and landings shall have guardrails not less than 42 inches high when any portion of the porch or landing equals or exceeds 24 inches above ground level.

2. Open guards, other than approved existing open guards, shall have rails or an ornamental pattern such that an object 4 inches in diameter is not able to pass through any opening up to a height of 34 inches.

(i)SLEEPING ROOMS/SPACE

1. Single occupancy bedrooms shall contain a minimum of 100 square feet of open floor space.

2. Each bedroom occupied by more than one person shall contain a minimum of 80 square feet of open floor space per occupant.

3. Closets cannot be included in these computations. There shall be a minimum of 36 inches between beds.

4. A permanent constructed closet or a sturdy enclosed wardrobe with drawer space as residents may require shall be provided for individual belongings.

5. Mattresses and box springs shall be maintained in good repair.

6. Bedrooms shall be provided with window treatments such as mini blinds, drapes, curtains or other appropriate covering providing privacy and maintained in good condition.

(j)SEPARATION OF ROOMS

1. The laundry room shall be separated by a door or a wall from all food preparation or serving areas.

2. No bathroom shall open directly to any food preparation or serving area.

3. No bedroom shall open directly into a kitchen.

4. No bedroom shall have as its only access a door opening directly to or from another bedroom or bathroom.

(k)SMOKING REGULATIONS

1. Smoking is not allowed inside the bedroom.

2. A nonflammable container shall be provided for disposal of smoking debris.

(l)FLAMMABLES AND COMBUSTIBLES. Flammable or combustible liquids shall not be stored inside the apartment dwelling unit.

(m)OPEN FLAME DEVICES

1. No candles, incense, oil lamps or lanterns shall be allowed to be used inside any facility.

2. Facilities containing a fuel-burning appliance or fireplace or having an attached garage shall be equipped with carbon monoxide detectors.

(n)FIRE EXIT DRILLS

1. If there is staff assigned in the apartment dwelling unit, unannounced fire exit drills shall be conducted on a monthly basis with one fire exit drill per quarter being conducted between the hours of 10:00 p.m. and 5:00 a.m. when residents are asleep.

2. Fire exit drills shall be initiated by using emergency equipment.

3. A log of fire exit drills shall be kept on the premises and available for review at each inspection.

(i) Fire exit drills shall contain the date the drill was conducted, time of day drill was conducted including AM/PM, time taken to evacuate and clear the facility, number of people taking part in the drill and the signature of the person conducting the drill.

(o)SEVERE WEATHER PLAN.A Severe Weather Plan, approved by the program's executive director, will be developed for each site of the program and will be available for review.

(p)COOLING/HEATING/VENTILATION

1. Windows and doors used for ventilation shall have screens which are maintained in good condition.

2. If a facility, home, or apartment is subject to DMH/MR certification (see 580-3-22-.01(8) and 580-3-22.13(1)), then the air temperature within the facility shall be maintained between 70 and 80 degrees Fahrenheit measured at a distance of 3 feet above the floor.

3. Mechanical ventilation (exhaust fans) shall be provided in each bathroom.

4. Gas stoves and cook tops must be equipped with comparable sized hoods, filters, operable lights, and exhaust fans with outdoor ventilation.

(i) Pilot lights on gas stoves and cook tops must be maintained and operable.

5. Electric stoves not vented to the exterior must have hoods, charcoal filters, fans and lights. Electric stoves vented to the exterior must have hoods, fans and lights.

6. Ceiling fans shall be installed to maintain a minimum clearance of 7 feet between the finished floor and the ceiling fan blades.

7. Smoke detectors shall not be located under nor within 3 feet of ceiling fan blades or air supply diffusers or returns.

8. No heater shall have exposed electric elements and shall be equipped with tip-over devices for automatic shutoff.

9. Fireplaces and fossil-fuel stoves (wood burning) shall have partitions or screens or other means to prevent burns.

(i) Fireplaces (excluding electric) shall be vented to the outside.

(ii) No unvented fuel heaters or gas logs are allowed.

(iii) Gas fireplaces shall have a remote gas shutoff within the room and not inside the fireplace.

10. Wood burning or gas logs cannot be used as a primary heat source.

(i) DMH/MR approval must be obtained for emergency use only on a case by case basis.

(ii) Emergency use of a fireplace as a primary heat source must be approved by DMH/MR. In its request the facility must represent, and be able to document, that the fireplace has been inspected and cleaned in the past 2 years.

(q)APPLIANCE/ELECTRICAL/COMMUNICATION

1. Facilities shall have equipment for the proper preparation and serving of food as determined by the size and functions of the facility.

2. Space and equipment shall be provided for receiving and storage, preparation, cooking, serving, dining and dishwashing.

3. Appliances shall be maintained clean and in working condition.

4. Non-operable appliances and/or equipment shall be repaired or removed from the premises.

5. Refrigerators shall be maintained at a constant temperature of 45 degrees Fahrenheit or below and freezers shall be maintained at a constant temperature of 0 degrees Fahrenheit or below.

(i) Thermometers shall be maintained inside refrigerators and freezers.

6. For all new construction, electrical outlets located within rooms containing a water source shall be GFCI type outlets or shall be connected to a GFCI breaker. Existing facilities, as defined herein, shall have GFCI type outlets in kitchens and bathrooms, or the outlets in those rooms shall be connected to a GFCI breaker.

7. No extension cords shall be used as a permanent wiring source.

8. Multi-plug type electrical devices shall be equipped with an approved in-line surge protector or breaker.

9. For a new facility, a letter from a licensed electrician shall be provided stating that wiring, panels, and fixtures are safe and adequate, and installed in accordance with local, state and national electrical codes. The letter shall be on company letterhead with name, address, contact number and electrician license number. Facilities providing written documentation of code compliance from a state or local building official shall be exempt from this standard.

10. Electrical breaker/fuse panels shall contain interior cover plates and blank covers where breakers/fuses are missing.

11. Interior electrical breaker panels are required to have operational locks.

12. Breakers shall be labeled as to the location of the circuits.

13. Telephone service shall be provided in each facility.

(r)WATER TEMPERATURE

1. Heated water shall be supplied to each lavatory, shower, bathtub, kitchen sink, dishwasher, and clothes washer at the required minimum and maximum temperature.

2. Hot water temperature shall be maintained between 110 degrees and 120 degrees Fahrenheit in facilities.

(i) If the hot water temperature exceeds the maximum temperature of 120 degrees Fahrenheit on two (2) consecutive inspections, a scald guard or mixing valve shall be installed within thirty (30) calendar days of the date of the last inspection.

(s)LIGHTING

1. Lighting on the interior and the exterior of the facility shall have proper size and type light bulbs installed. Light fixtures and lamps shall have shields, globes, protective tubes or shades in good condition.

2. Lighting in exhaust vent hoods above kitchen stoves shall be the shatter resistant (Teflon coated) light bulbs or be protected with shields as provided by the hood manufacturer.

3. Apartment bedrooms shall have general lighting with switches located at the interior side of the entrance door.

(t)WATER SUPPLY

1. Water supply shall be provided under pressure and obtained from an approved local water authority.

2. If a private water source is used, the operator of the facility shall obtain approval from the local health department to ensure safe location, construction, maintenance and operation of the system.

3. The water shall be tested annually and documentation maintained at the facility for review.

(u)PLUMBING/SEWAGE

1. Plumbing shall be functional and in good working order.

2. Sewage and liquid waste shall be disposed of in accordance with city, county, and state regulations.

(v)CONTROL OF INSECTS/RODENTS. Proper measures for year-round control of insects, rodents, and other outdoor vermin shall be taken.

(w)ANIMALS

1. Animals or pets which present no apparent threat to the health and safety of the residents or staff are permitted if they are properly housed, cared for and are not fed in the food preparation or serving areas of the residence.

2. Animals are required to receive annual inoculations.

3. Any animal that has at any time bitten any human being, or has a known or demonstrated propensity, or tendency, or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or other domestic animals shall not be maintained on the premises.

4. Animals commonly considered to be naturally wild, or those which are considered to be inherently dangerous to the health, safety and welfare of people are also forbidden on the premises.

(x)SOLID WASTE

1. Kitchen garbage shall be stored in approved containers with tops or lids in place at all times.

2. Garbage containers shall be cleaned and emptied on a frequent basis.

(y)LAUNDRY WITHIN DWELLING UNITS

1. Dryers shall be properly vented to the outdoors and provided with space blocks of proper size to prevent crimping of the exhaust hose.

2. Area behind washers and dryers shall be maintained in a clean manner.

(z)BATHROOMS

1. A minimum of 1 full bathroom, (toilet, lavatory, tub or shower) shall be provided for each 6 residents or portion thereof.

2. Bathrooms shall have access from a common area of the facility.

3. If bathroom is located off a bedroom, only the residents of that bedroom will be allowed use of the bathroom.

4. Bathroom doors shall be not less than 24 inches wide.

5. Doors on facilities with physically disabled persons must comply with ADA standards.

(aa)INTERIOR FINISH (FLOOR COVERINGS, WALLS, CEILINGS)

1. Floor coverings, walls and ceilings shall be maintained free of dirt, holes and excessive stains.

2. Floor coverings shall be properly secured to sub-flooring.

3. Carpeting, if used as a floor covering, shall be properly installed, easily cleaned and maintained in good repair.

4. Carpeting is prohibited in kitchens and bathrooms.

(bb)FURNITURE. Broken furniture or furniture with torn upholstery must be repaired or discarded.

(cc)FOOD PREPARATION/STORAGE

1. Store opened perishable foods inside sealed containers inside the refrigerator.

2. Store reclaimed cooking oil inside sealed containers.

3. Store opened dry goods inside sealed containers. Dry good removed from original containers must be dated and properly labeled.

4. There shall be no open air thawing of frozen meats.

5. Do not store cooking and eating utensils or food products under kitchen sink.

6. Food items shall be stored at a height of at least 6 inches above floor level.

7. Cleaning supplies shall be stored below food items.

(dd)EXTERIOR

1. Deteriorated wood on the exterior of a facility shall be replaced.

2. When exterior paint shows chipping and peeling, facility shall be painted or be covered with artificial siding.

3. Non-slab constructed facilities shall have underpinning and access doors shall be maintained in a closed position.

4. Ventilation openings on raised foundations shall have grills.

(ee)OUTSIDE GROUNDS

1. Exterior areas shall have proper drainage with no standing water, open sewage, sink lines or defects of this nature.

2. The area shall be kept clean and free of tall grass or weeds.

3. There shall be no discarding of cooking waste, mop water and hazardous materials on exterior grounds.

4. There shall be no unprotected wells, natural or man-made hazards or other obvious physical dangers (e.g. broken appliances, inoperable vehicles which do not have current license plates, broken furniture, rubbish, debris, etc.)

Ala. Admin. Code r. 580-3-22-.13

New Rule: Filed November 21, 2008; effective December 26, 2008.

Author: DMH/MR Office of Life Safety and Technical Services

Statutory Authority:Code of Ala. 1975, § 22-50-11.