Section 11-94.2-65 - Construction requirements(a) The facility's buildings shall be constructed and equipped to protect the health and assure the safety of residents, personnel, and visitors.(b) The facility shall be fully accessible to, and functional for, physically disabled residents, personnel, and the public.(1) Resident living areas shall be designed and equipped for the comfort and privacy of the resident;(2) Temperature and humidity shall be maintained within a normal comfort range;(3) There shall be provisions within the facility for one or more areas of resident dining, diversional, and social activities. Total area for recreational and dining activities shall be not less than thirty-seven and one-half square feet per bed; (A) Day rooms shall be equipped with reading lamps, adequate lighting, tables, chairs, or their equivalent, for the use and comfort of the residents;(B) Dining areas shall be equipped with tables and safe chairs. A sufficient number of tables shall be of proper height to accommodate wheelchair residents. As possible, residents shall be transferred from wheelchairs to safe chairs during meals;(C) If a multi-purpose room is used for dining, diversional, and social activities, there shall be sufficient space to accommodate all activities and prevent their interference with each other; and (D) In the event that adult nonresidents (including adult day health services) use part of the facility twenty-four hours or more a week on a regular basis, additional space must be provided on the following basis for those persons; (i) Twenty square feet per person in dining areas;(ii) Thirty square feet per person in recreational areas;(iii)One conveniently located toilet for each eight persons; and(iv) Sufficient additional staff shall be provided to care for the needs of the persons;(4) Illumination shall be provided for the comfort and safety of residents and personnel; and(5) Wall or door mirrors shall be provided and placed at convenient heights for resident use.(c) The facility shall ensure resident accessibility to living and service areas: (1) There shall be adequate space to allow free movement of occupants using wheelchairs, walkers, canes, and crutches to beds, bathrooms, closets, and common hallways;(2) Areas used for recreation, cooking, dining, storage, bathrooms, laundries, foyers, corridors, lanais, libraries, and other areas not suitable for sleeping shall not be used as bedrooms;(3) Access from each bedroom to a bathing room, toilet or lavatory, or corridor shall not require passing through another bedroom, cooking, dining, or recreational area; and(4) All occupants of any bedroom shall be of the same sex except for those semiprivate rooms that may be occupied by married couples or long-time nonmarried couples upon request.(d) The facility shall have adequate toilet and bath facilities; (1) One toilet room shall serve not more than eight residents;(2) The toilet room shall contain a toilet and washbasin. The washbasin may be omitted from a toilet room that serves single or multi-bed rooms if each resident room contains a washbasin;(3) There shall be one shower or tub for each fourteen beds that are not otherwise served by bathing facilities within the resident room;(4) Appropriately placed and mounted safety-grab bars shall be provided in each toilet, bathtub, or shower enclosure;(5) Curtains or doors to ensure privacy shall be provided;(6) An adequate supply of potable running water shall be provided at all times. Temperatures of hot water at plumbing fixtures used by the residents shall be automatically regulated and shall not be below 100 or above 120 degrees Fahrenheit;(7) Each toilet and bath facility shall have a call system that permits the occupant to signal the nursing station in an emergency;(8) Where bedpans are used, equipment for their care shall be provided in an appropriate area of the facility;(9) Provisions shall be made for disinfecting of permanent personal care equipment unless disposables are used; and(10) Separate toilet facilities shall be provided for the use of residents and personnel.(e) The facility shall have resident bedrooms that ensure the health and safety of residents: (1) Each room shall be at or above grade level;(2) Each resident bedroom shall have window coverings to provide an adequate means of ensuring privacy;(3) Resident bedrooms shall have not more than four beds;(4) Single resident bedrooms shall measure at least one hundred square feet of usable space, excluding closets, bathrooms, alcoves, and entryways;(5) Multi-resident bedrooms shall provide a minimum of eighty square feet per bed of usable space, excluding closets, bathrooms, alcoves, and entryways;(6) Bedside screens or curtains shall be provided in multi-bed bedrooms to ensure privacy for each resident;(7) Beds shall be placed at least three feet apart; and(8) Each resident shall be provided with:(A) A separate bed of proper size and height for the convenience of the resident and that permits an individual in a wheelchair to get in and out of bed unassisted;(B) A comfortable mattress with impermeable mattress cover, and a pillow with an impermeable cover;(C) Sufficient clean bed linen and blankets to meet the resident's needs;(D) Appropriate furniture, cabinets, and closets, accessible to and meeting individual resident's needs. Locked containers shall be available upon resident's request; and(E) An effective signal call system at the resident's bedside.(f) Ramps must be designed to permit use by residents in wheelchairs. Ramps shall comply with the American with Disabilities Act requirements (28 C.F.R. Part 36).(g) The facility shall ensure that floors and walls are maintained as follows:(1) Floor coverings shall be of slip resistant material that does not retain odors and is flush at doorways; and(2) Walls, floors, and ceilings of rooms used by residents shall be made of materials that shall permit washing, cleaning, and painting.(h) The facility shall have adequate windows and lighting:(1) Each resident bedroom shall have at least one outside window;(2) Each resident bedroom shall have an aggregate window area of not less than one-tenth of the gross floor area;(3) Resident bedrooms shall have artificial light adequate for reading at bedside;(4) There shall be night lighting in resident bedrooms, toilets, and service areas; and(5) In bedrooms containing wheelchair residents, at least one window shall be low enough to permit outdoor viewing by the wheelchair-bound resident.(i) Where appropriate, screening of doors and windows shall be provided, using screen having sixteen meshes per inch.(j) The facility shall ensure that:(1) Sliding doors or folding doors shall not be used as exit doors, and if used in other areas, shall be of light material and easy to handle; and(2) Double acting doors shall be provided with vision panels of sufficient height to permit use by walkers as well as wheelchair riders.(k) The facility corridors shall:(1) Have a minimum clear width of forty-four inches, except that corridors serving one or more non-ambulatory or semi-ambulatory residents shall be not less than eight feet in width; and(2) Stationary handrails shall be installed along both sides of corridors. (l) The facility shall have sufficient storage space:(1) Locked space shall be provided for janitorial supplies and equipment; and(2) Conveniently located space for other equipment shall be provided.(m) The water supply shall be in accordance with chapter 340E, HRS.(n) Chapter 11-39, relating to air conditioning and ventilating, shall be followed.(o) Additions and alterations or repairs to existing buildings: (1) Where the structure was in use for this type of occupancy prior to December 31, 2009, the director, with discretion, may waive or modify any portion of these requirements provided such exceptions do not create a hazard to residents, personnel, or the public;(2) The provisions of this section shall not prohibit the use of equivalent alternate space use, or new concepts of plan designs and material or systems if written approval of those alterations is granted by the director; and(3) Facilities shall be constructed and maintained in accordance with provisions of state and county zoning, building, fire safety, and sanitation laws and ordinances.(p) There shall be an appropriately equipped nursing station in each unit. (1) At a minimum, the nursing station shall include a telephone, writing space, storage cabinets, and medical record space;(2) There shall be a nurses' call system that registers calls within hearing range and is directly visible by on-duty personnel; and(3) There shall be appropriately equipped utility rooms within each nursing unit or on each resident floor.Haw. Code R. § 11-94.2-65
[Eff 9/16/2022] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)