Ariz. Admin. Code § 9-10-722

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-10-722 - Physical Plant Standards

A. Except for a behavioral health outdoor program, an administrator shall ensure that the premises and equipment are sufficient to accommodate:

1. The services in the behavioral health residential facility's scope of services, and

2. An individual admitted as a resident by the behavioral health residential facility.

B. An administrator shall ensure that:

1. A behavioral health residential facility has a:

a. Room that provides privacy for a resident to receive treatment or visitors; and

b. Common area and a dining area that contain furniture and materials to accommodate the recreational and socialization needs of the residents and other individuals in the behavioral health residential facility;

2. At least one bathroom is accessible from a common area that:

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 ventilation;

3. For every six residents who stay overnight at the behavioral health residential facility, there is at least one working toilet that flushes and has a seat, and one sink with running water;

4. For every eight residents who stay overnight at the behavioral health residential facility, there is at least one working bathtub or shower;

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

a. A shatter-proof mirror, unless the resident's treatment plan allows for otherwise;

b. A window that opens or another means of ventilation; and

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

6. If a resident bathroom door locks from the inside, an employee has a key and access to the bathroom;

7. Each resident is provided a sleeping area that is in a bedroom; and

8. A resident bedroom complies with the following:

a. Is not used as a common area;

b. Is not used as a passageway to another bedroom or bathroom unless the bathroom is for the exclusive use of an individual occupying the bedroom;

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

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

e. Has window or door covers that provide resident privacy;

f. Has floor to ceiling walls;

g. Is a:

i. Private bedroom that contains at least 60 square feet of floor space, not including the closet; or

ii. Shared bedroom that:

(1) Is shared by no more than eight residents;

(2) Except as provided in subsection (C), contains at least 60 square feet of floor space, not including a closet, for each individual occupying the shared bedroom; and

(3) Provides at least three feet of floor space between beds or bunk beds;

h. Contains for each resident occupying the bedroom:

i. A bed that is at least 36 inches wide and at least 72 inches long, and consists of at least a frame and mattress and linens; and

ii. Individual storage space for personal effects and clothing such as shelves, a dresser, or chest of drawers;

i. Has clean linen for each bed including mattress pad, sheets large enough to tuck under the mattress, pillows, pillow cases, bedspread, waterproof mattress covers as needed, and blankets to ensure warmth and comfort for each resident;

j. Has sufficient lighting for a resident occupying the bedroom to read; and

k. Has a clothing rod or hook in the bedroom designed to minimize the opportunity for a resident to cause self-injury.

C. A behavioral health residential facility that was licensed as a Level 4 transitional agency before October 1, 2013 may continue to use a shared bedroom that provides at least 40 square feet of floor space, not including a closet, for each individual occupying the shared bedroom. If there is a modification to the shared bedroom, the behavioral health residential facility shall comply with the requirement in subsection (B)(8)(g).

D. For a behavioral health residential facility licensed according to A.R.S. § 36-425.06, an administrator shall ensure that:

1. The premises are secure, as defined in A.R.S. § 36-425.06; and

2. There is a means of exiting the facility for a resident who does not have special knowledge for egress that meets one of the following:

a. Provides access to an outside area that:

i. Allows the resident to be at least 30 feet away from the facility, and

ii. Controls or alerts employees of the egress of a resident from the facility;

b. Provides access to an outside area:

i. From which a resident may exit to a location at least 30 feet away from the facility, and

ii. Controls or alerts employees of the egress of a resident from the facility; or

c. Uses a mechanism that meets the Special Egress-Control Devices provisions in the Uniform Building Code incorporated by reference in A.A.C. R9-10-104.01.

E. If a swimming pool is located on the premises, an administrator shall ensure that:

1. The swimming pool is equipped with the following:

a. An operational water circulation system that clarifies and disinfects the swimming pool water continuously and that includes at least:

i. A removable strainer,

ii. Two swimming pool inlets located on opposite sides of the swimming pool, and

iii. A drain located at the swimming pool's lowest point and covered by a grating that cannot be removed without using tools; and

b. An operational vacuum cleaning system;

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

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

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

c. Has no horizontal openings, except as described in subsection (E)(2)(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

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

F. An administrator shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (E)(2) is covered and locked when not in use.

Ariz. Admin. Code § R9-10-722

Adopted effective November 1, 1998, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, §17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Editor's Note: The following Section was repealed under exempt rulemaking (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, effective 7/1/2014. Amended by final rulemaking at 25 A.A.R. 1583, effective 10/1/2019. Amended by final expedited rulemaking at 26 A.A.R. 551, effective 3/3/2020.

The following Section was repealed under exempt rulemaking (Supp. 13-2).

The following Section was adopted under an exemption from the provisions of the Administrative Procedure Act which means these rules were not reviewed by the Governor's Regulatory Review Council; the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the Department was not required to hold public hearings on these rules (Supp. 98-4).