16 Del. Admin. Code § 3320-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3320-4.0 - Environment

4.1 Site Provisions

4.1.1 Each IBSER shall be located on a site which is considered suitable by the Department.

4.1.2 The site must be safe, easily drained, must be suitable for disposal of sewage and furnishing a potable water supply.

4.1.3 The exterior of the site shall be free from hazards and also from the accumulation of waste materials, obsolete and unnecessary articles, tin cans, rubbish, and other litter.

4.2 The IBSER must have a safe and sanitary environment, properly constructed, equipped, and maintained to protect the health and safety of residents.

4.3 The IBSER shall comply with all local and state building codes and ordinances as pertain to this occupancy.

4.4 Physical Plant

4.4.1 All construction - new, renovations, or remodeling - must conform to the local building codes, current at the time of construction.

4.4.2 When an IBSER plans to construct or extensively remodel a licensed home or convert a building to a licensed home, it shall submit one copy of properly prepared plans and specifications for the entire home to the Department.

4.4.2.1 An approval, in writing, shall be obtained before such work is begun.

4.4.2.2 All completed construction, extensive remodeling or conversions shall remain in accordance with the plans and specifications, as approved by the Department.

4.4.2.3 The Department must visit the site upon completion of the work to ensure that the work was completed according to plans submitted.

4.4.3 Windows

4.4.3.1 Window space shall not be less than one tenth (1/10) of the floor space.

4.4.3.1.1 Up to 25% reduction may be allowed when approved mechanical ventilation is utilized in multi-bed rooms.

4.4.3.2 All windows in rooms to be used by residents are to be constructed to eliminate drafts and to provide adequate light and ventilation.

4.4.3.3 All windows designed to open and shut must be functional.

4.4.4 The building shall be constructed and maintained to prevent the entrance, and control the existence, of rodents and insects.

4.4.4.1 All exterior openings shall be effectively screened.

4.4.4.2 Screen doors shall open outward and shall be equipped with self-closing devices.

4.4.4.3 All screening shall have at least 16 mesh per inch.

4.4.5 Resident bedrooms shall open directly into a corridor.

4.4.6 IBSERs accommodating individuals who regularly require wheelchairs shall be equipped with ramps.

4.4.6.1 Egress ramps must be located at the primary means of egress.

4.4.6.1.1 A secondary means of egress that is independent and remotely located from the primary means of egress must be provided to the outside of the dwelling at street/ground level or open to an exterior balcony.

4.4.6.2 Ramps must be compliant with the standards outlined in Americans with Disabilities Act (ADA).

4.4.7 The physical dimensions of the home will provide, as a minimum, 150 square feet of common living space for the first occupant and 100 square feet of living space for each additional occupant.

4.4.8 The roof, exterior walls, doors, skylights and windows shall be weather tight and watertight and shall be kept in sound condition and good repair.

4.5 Water supply and sewage disposal

4.5.1 Non-public water systems must be approved by the Department.

4.5.1.1 Providers must sample non-public water annually and have it tested by the Department.

4.5.1.1.1 A copy of all water testing results must be kept on site at the IBSER.

4.5.2 Non-public sewage disposal systems must be approved by the Department of Natural Resources and Environmental Control.

4.5.3 The water system must supply adequate hot and cold water, under pressure, at all times.

4.5.4 The plumbing shall meet the requirements of all municipal or county codes. Where there are no local codes, the provisions of the Department Sanitary Plumbing Code shall prevail.

4.5.5 Hot water at shower, bathing and hand washing facilities shall not exceed 115°F (46°C).

4.6 A licensee must ensure that the home's premises and equipment accessible to or used by residents are free from any danger to their health, safety and well-being.

4.7 Electric shall meet all municipal, county and State requirements and laws.

4.8 Each room and access way shall be suitably lighted at all times for maximum safety, comfort, sanitation and efficiency of operation particularly in areas that present safety hazards. Careful attention shall be given to avoid glare.

4.9 Safety equipment

4.9.1 Stairways shall have non-slip surfaces and sturdy handrails to prevent slipping. Stairways over six (6) feet in width shall have handrails on both sides.

4.9.2 Working electric switches shall be located at the top and the bottom of stairways.

4.9.3 Hallways shall be equipped with working night-lights.

4.9.4 Floor surfaces shall be durable, yet non-abrasive and slip-resistant. Floor surfaces shall be kept in good repair. Area rugs on hard finished floors shall have a non-skid backing. Carpeting shall be maintained in a clean condition.

4.9.5 All interior doors in areas used by residents shall be capable of being opened from either side at all times.

4.9.6 Cameras or monitoring devices are not permitted in resident bedrooms or bathrooms unless written permission by resident(s) or authorized representative(s) is on file.

4.10 Bedrooms

4.10.1 Each bedroom shall be well-ventilated.

4.10.2 Each bedroom shall be an outside room with at least one (1) window opening directly to the outside.

4.10.3 A one (1) person bedroom shall be at least 100 square feet.

4.10.4 Multi-bed bedrooms shall:

4.10.4.1 Provide at least eighty (80) square feet of floor space per person.

4.10.4.2 Be adequately spaced for comfort.

4.10.4.3 Have the beds spaced at least three (3) feet apart. Bunk beds are prohibited.

4.10.5 The ceiling height shall be not less than seven (7) feet from the floor on average. Areas where the height of the ceiling is less than five (5) feet shall not be counted in the determination of the room size.

4.10.6 Walls must extend from the floor to the ceiling.

4.10.7 Doors must be closable and lockable.

4.10.8 Each bedroom must have adequate electrical outlets which are conveniently located.

4.10.9 At least one (1) light fixture shall be switched at the entrance to each bedroom.

4.10.10 Walls shall be cleanable.

4.10.11 Each bedroom shall ensure adequate privacy.

4.10.12 No more than two (2) residents may share a bedroom.

4.10.13 Residents may furnish and decorate their own bedrooms.

4.10.14 Mattresses shall be covered or protected with non-porous material.

4.10.15 Each bedroom shall provide storage space for clothing and storage space for personal items to include, minimally, closet space.

4.10.16 Bedrooms shall contain space, as needed, for bedside assistance and to accommodate the use and storage of mobility devices and prosthetic equipment.

4.11 Bathrooms

4.11.1 Floor and wall surfaces shall be constructed and maintained to be impervious to water and to permit the floor and walls to be easily kept in a clean condition.

4.11.2 At least one (1) window or mechanical ventilation to the outside shall be provided.

4.11.3 Floor surfaces shall be durable, yet non-abrasive and slip-resistant. Floor surfaces shall be kept in good repair.

4.11.4 There shall be at least one (1) bathtub or shower for every four (4) residents.

4.11.4.1 Each bathtub or shower shall be in an individual room or enclosure which provides private space for bathing, drying and dressing.

4.11.4.2 Each bathtub or shower shall be equipped with substantial grab bars and slip-resistant surfaces.

4.11.5 There shall be at least one (1) toilet of appropriate size for each four (4) residents which shall be located on the same level as the residents' bedrooms.

4.11.5.1 When more than one (1) toilet is located in the same room, provisions for private use shall be made.

4.11.5.2 Each toilet shall be equipped with a substantial grab bar.

4.11.5.3 Each toilet shall be equipped with a toilet seat and toilet tissue.

4.11.6 There shall be at least one (1) hand washing sink for every four (4) residents which shall be located on the same level as the residents' bedrooms.

4.11.6.1 The hand washing sink shall have hot and cold water.

4.11.6.2 Hand washing sinks shall be available in or immediately adjacent to bathrooms and/or toilet rooms.

4.11.7 Unbreakable mirrors, fastened to the wall, shall be furnished in bathrooms, including mirrors that are accessible by residents who use wheelchairs.

4.12 Kitchen

4.12.1 Floor, wall and counter surfaces shall be constructed and maintained to be impervious to water (to the level of splash) and to permit the floor and walls to be easily kept in a clean condition.

4.12.2 There shall be:

4.12.2.1 At least one (1) refrigerator and one (1) freezing unit, in proper working order and capable of maintaining frozen foods in the frozen state and refrigerated foods at 41 degrees Fahrenheit or below, as determined in the warmest part of the refrigerator.

4.12.2.1.1 Each refrigerator shall be equipped with a refrigerator thermometer.

4.12.2.2 At least one (1) four-burner range and one (1) oven (or combination thereof) which is in proper working order.

4.12.2.3 A commercial dishwasher or the home must use a dishwasher detergent with sanitizer.

4.12.2.4 At least one (1) clean trash receptacle.

4.12.2.5 At least one (1) operable window or suitable exhaust system for removal of smoke, odors and fumes.

4.12.2.6 Adequate cleaning/disinfecting agents and supplies.

4.12.2.7 Storage areas with separate storage for:

4.12.2.7.1 Food, which must be stored off of the floor.

4.12.2.7.1.1 Dry or staple food items shall be stored at least six (6) inches above the floor in a ventilated room that is not subject to waste water back flow or to contamination by condensation or leakage.

4.12.2.7.2 Cleaning agents, disinfectants and polishes.

4.12.2.7.3 Poisons, pesticides or other toxic chemicals which must be stored in locked cabinets/storage areas.

4.12.2.7.3.1 Safety Data Sheets (SDS) must be available for any poisons, pesticides or toxic chemicals stored on-site.

4.12.2.7.4 Eating and serving utensils, pots, pans and cooking utensils which must be stored off of the floor.

4.12.3 All food items shall be stored in closed or sealed containers or wrapping.

4.12.4 Food storage areas shall be free of food particles, dust and dirt.

4.12.5 Food preparation areas, utensils and appliances shall be cleaned following each meal prepared.

4.12.6 Opened foods that are to be stored shall immediately be dated with the date that the foods were opened.

4.12.7 Prepared and leftover foods requiring refrigeration must be kept for no more than three (3) days.

4.13 Dining and dayroom area

4.13.1 There shall be provided one (1) or more areas that are adequate in size and furnished for resident dining, recreational and social activities.

4.13.2 The furniture shall be of such condition so as not to pose a safety hazard and arranged and located as to provide convenient access to the residents.

4.13.3 When a multi-purpose room is used, it shall have sufficient space to accommodate activities in order to prevent interference of one (1) activity with another.

4.14 Sanitation and housekeeping

4.14.1 All rooms and every part of the building shall be kept clean, orderly, in good repair and free of offensive odors.

4.14.2 Waste material, obsolete and unnecessary articles, tin cans, rubbish and other litter shall not be permitted to accumulate in the home.

4.14.3 Sharps shall be stored in sanitary containers and disposed of in a medical and disposable sharps container.

4.14.4 When a separate sink is not provided for janitorial or laundry duties, the sink shall be sanitized after each use.

4.14.5 No laundry may be done in the food service area during the preparation or serving of food.

4.14.6 Premise must be free of pests, insects and rodents.

4.14.7 Laundry

4.14.7.1 Bed linens and towels must be changed at least weekly or more often as necessary.

4.14.7.2 If linen chutes are used, they will be maintained in a sanitary condition.

4.14.7.3 If the clothes washing machine is in the kitchen, soiled laundry shall not be taken into the kitchen until it is ready to be washed.

4.14.7.4 The authorized provider will complete laundry for residents who are incapable of doing so on their own.

4.15 Providers shall ensure a home-like environment for each licensed home. Functional arrangement of rooms, furnishings, and decor shall be compatible with the need for accessibility.

4.16 Furniture and furnishings shall be safe, comfortable, cleanable and in good repair and shall resemble those in homes in the local community, to the extent compatible with residents' choice and the physical needs of the residents living in the home. To the extent possible, personal furniture shall be chosen by residents.

4.17 Heating apparatus shall not constitute a burn, smoke or carbon monoxide hazard to residents served or their support staff.

4.18 Temperature, humidity, ventilation, and light in all living and sleeping quarters shall be maintained to provide a comfortable atmosphere.

4.19 Basement space may be used for activities for people in the home if there is a minimum of two (2) fire exits.

16 Del. Admin. Code § 3320-4.0

25 DE Reg. 767( 2/1/2022) (final)