16 Del. Admin. Code § 3360-5.0

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

Section 3360-5.0 - Plant, Equipment And Physical Environment

5.1 Construction

5.1.1 Minimum construction requirements are set forth herein.

5.1.2 All construction, new/renovations/remodeling, must conform to the design and construction standards recognized by the Department.

5.1.3 In the event that there is a conflict between the design and construction standard utilized by the Department and the minimum standard set forth herein, the higher standard or requirement shall prevail.

5.1.4 When a facility is classified under this law or regulation and plans to construct, extensively remodel or convert any buildings, one (1) copy of properly prepared plans and specifications for the entire facility shall be submitted to the Department.

5.1.5 An approval, in writing, shall be obtained from the Department before construction/renovation/remodeling work is begun.

5.1.6 Upon completion of construction/renovation/remodeling, in accordance with the plans and specifications, the Department will inspect and approve the site prior to occupancy/use by the agency/facility.

5.2 Site Provisions

5.2.1 Each adult day care facility shall be located on a site which is approved in advance and considered suitable by the Department. Site must be safe, easily drained, must be suitable for disposal of sewage and furnishing a potable water supply.

5.3 The adult day care facility shall comply with all local and state building codes and ordinances as pertain to this occupancy.

5.4 Building

5.4.1 All facilities shall either be at grade level or shall be equipped with ramps or elevators to allow easy access for persons with disabilities.

5.4.2 The building shall be so constructed and maintained to prevent the entrance or existence of rodents and insects at all times. All exterior openings used for ventilation shall be effectively screened. Screen doors shall open outward and shall be equipped with self-closing devices.

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

5.4.4 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.

5.4.5 Floor and wall surfaces of bathrooms and kitchens 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.

5.4.6 The adult day care facility must be accessible as defined at Section 2.0. The entrance and circulation areas shall meet appropriate American National Standards Institute (A.N.S.I.) standards and all applicable State and Federal standards.

5.4.7 Each adult day care facility, when located in a facility housing other services, shall have its own separate identifiable space.

5.4.8 Outdoor recreation and/or relaxation area for participants, if provided, shall be safe, secure, free of accident hazards, accessible to indoor areas and accessible to those with disabilities. Outdoor areas shall have a fence or landscaping to create a boundary which prevents participants from wandering away and shall be easily supervised.

5.5 Water Supply and Sewage Disposal

5.5.1 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.

5.5.2 The water supply and the sewage disposal system shall be approved by the Department and the Department of Natural Resources and Environmental Control respectively.

5.5.3 The water system shall be designed to supply adequate hot and cold water, under pressure, at all times.

5.5.4 Hot water at shower, bathing and hand washing facilities shall not exceed 110°F (43°C).

5.6 Heating, Ventilation and Air Conditioning

5.6.1 The heating equipment for all areas shall be adequate, safe, protected, and easily controlled. It shall be capable of maintaining the temperature in each room used by participants between 70ºF and 80ºF. Portable heating devices shall not be used.

5.6.2 The adult day care facility shall be adequately ventilated. Air conditioning equipment shall be adequate and capable of maintaining the temperature in each room used by participants between 70ºF and 80ºF.

5.7 Lighting

5.7.1 Each room 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.

5.8 Safety Equipment

5.8.1 To prevent slipping, staircases shall have stair treads and sturdy handrails.

5.8.2 Stairways, ramps and porches shall have adequate lighting and handrails.

5.8.3 Hallways shall have handrails located on at least one side.

5.8.4 Floor surfaces, especially in heavy traffic areas shall be durable, yet non-abrasive and slip-resistant. Area rugs on hard finished floors shall have a non-skid backing. Carpeting shall be maintained in a clean and slip-resistant condition.

5.9 Bathrooms and Hand Washing Facilities

5.9.1 At least one (1) window or mechanical ventilation to the outside shall be provided in each bathroom. Floors shall not be slippery.

5.9.2 Bathroom design shall be accessible as defined at Section 2.0 and meet appropriate American National Standards Institute (A.N.S.I.) Standards.

5.9.3 Toilets, bathing and toileting appliances shall be equipped for use by participants with multiple disabilities.

5.9.4 There shall be at least one toilet of appropriate size for every twelve participants.

5.9.4.1 Each toilet shall be equipped with a toilet seat.

5.9.4.2 Toilet tissue shall be readily accessible at each toilet.

5.9.5 There shall be at least one hand-washing sink for every two toilets. The sink(s) shall be proximate to the toilets. Hand washing facilities shall be readily accessible to participants and staff.

5.9.6 Shower and tub areas, if provided, shall be equipped with grab bars and slip-resistant surfaces.

5.9.7 Bathroom areas shall be equipped with mirrors for personal grooming. Mirrors shall be installed in such a way to minimize the danger of breakage.

5.9.8 Soap, paper towels and a trash receptacle(s) shall be provided at all times and shall be within reach of the participants.

5.9.9 Signaling devices shall be installed or placed in the bathroom areas, restroom stalls, and showers, if any.

5.10 Program Area

5.10.1 When a multipurpose room is used, it shall have sufficient space to accommodate all activities and to prevent interference with each other. There shall be sufficient space to permit privacy and confidentiality.

5.10.2 Square Footage

5.10.2.1 Minimum space requirements are as follows:

5.10.2.1.1 100 square feet for each of the first five participants; and

5.10.2.1.2 60 square feet for each of the participants thereafter.

5.10.2.2 Space requirements do not include office space, bathrooms, storage, examination room, or dining room (unless the dining room is also used for activities).

5.10.3 A telephone shall be available to participants to make and receive calls. Telephones shall be in an area which affords privacy during use.

5.10.4 The adult day care facility shall maintain comfortable sound levels. Background noise shall be minimized and sound transmission shall be controlled. Sound transmission may be controlled by use of acoustical ceiling surfaces, partitions between activity areas, and separation of noisy rooms. Sound levels shall enhance privacy and encourage interaction when social participation is desired.

5.10.5 There shall be adequate storage space for program supplies and for participants' outer garments and possessions.

5.10.6 The dining area shall be large enough to provide table and chair space to accommodate all participants.

5.10.7 The adult day care facility shall provide a separate rest area to permit privacy for assessments and to isolate participants who become ill. A bed, cot or other appropriate lounging or reclining furniture shall be available for participants in this area.

5.10.8 Adult day care facilities which provide rehabilitation services shall have separate additional space and equipment for carrying out each type of therapy that may be provided. At a minimum, the following shall be provided:

5.10.8.1 Provisions for wheelchair participants;

5.10.8.2 Additional storage for supplies and equipment;

5.10.8.3 Provisions for participant privacy; and

5.10.8.4 Hand washing facilities within the rehabilitation area.

5.11 Furnishings

5.11.1 Furniture shall be sturdy and secure so that it cannot easily tip when used for support while walking or seating. Furniture shall be scaled so that it is easily used by persons with limited agility and shall permit feet to rest on the floor. Chairs used for dining shall have armrests or be free of armrests in accordance with each participant's physical needs and preferences.

5.11.2 All rugs and floor coverings shall be tacked down securely. Any mat used at a doorway shall be non-slip with edges that do not cause a tripping hazard.

5.11.3 All equipment and furnishings shall be in good condition and safe for usage by participants and staff. The adult day care facility shall provide:

5.11.3.1 One chair for each participant and staff person;

5.11.3.2 Adequate table space for all participants; and

5.11.3.3 Reclining lounge chairs, the number to be determined by the needs and numbers of participants.

5.12 Emergency Equipment and Supplies

5.12.1 The adult day care facility shall provide adequate emergency equipment and supplies readily available for treating shock, burns and wounds, including:

5.12.1.1 First aid kit containing sterile gauze dressings and bandages, antiseptic, tape and scissors;

5.12.1.2 Thermometers; and,

5.12.1.3 Sphygmomanometers and stethoscopes.

5.12.2 Special equipment as needed by the participant (i.e. suction equipment, oxygen, etc.) may be supplied by the adult day care facility or the participant.

5.13 Sanitation and Housekeeping

5.13.1 All rooms and every part of the building shall be kept clean, orderly and free of offensive odors.

5.13.2 Policy manuals shall be prepared and followed which outline maintenance and cleaning procedures, safe storage of cleaning materials and pesticides and other potentially toxic materials, and safe storage and handling of soiled linen and clothing.

5.13.3 A ventilated janitor's closet shall contain a service sink and provide for the locked safe storage and use of housekeeping items.

5.13.4 Chemicals and disinfection agents shall be stored separate from participant care items and food.

5.14 Existing Facilities

5.14.1 Adult day care facilities that have been in operation before the adoption of these regulations and do not meet the minimum square footage, dining area and bathroom ratio requirements set forth in Section 5.0 must be brought into full compliance within a five (5) year period. All other provisions of these regulations apply upon their adoption except as otherwise expressly provided.

5.15 Waiver of Requirements

5.15.1 Waiver of a standard requires Department approval. Waiver requests must be made in writing, include the full justification behind the request and address issues of safety and infection control. They are an exception to established standards and will only be approved for compelling reason.

5.15.1.1 Waiver requests which could potentially impact the health, safety or welfare of the participants must be shared with the participants and their representatives prior to submission of the waiver request to the Department.

5.15.1.1.1 Participants must be informed that they may voice their objections to any waiver request by contacting the Department.

16 Del. Admin. Code § 3360-5.0

25 DE Reg. 776( 2/1/2022) (Final)