Kan. Admin. Regs. § 30-63-30

Current through Register Vol. 43, No. 45, November 7, 2024
Section 30-63-30 - Physical facilities
(a) A provider shall maintain each site in which services are provided to any person and that is owned, leased, or made available by contract to be operated by a provider, any employee or board member of a provider, or any entity owned or controlled by a provider, a provider's employee or a provider's board member, so that the site shall meet these requirements:
(1) Have appropriate fire and safety equipment that is in good repair and is kept on site and readily accessible;
(2) not have any combustible or flammable materials kept in an unsafe location;
(3) be kept clean and well maintained;
(4) be kept safe and secure;
(5) have furniture and equipment in good repair and working order;
(6) be capable of maintaining a comfortable temperature and adequate ventilation;
(7) have adequate lighting;
(8) be free of insect and rodent infestation;
(9) have main routes of travel that are kept free of obstacles and stored materials;
(10) have appropriate assistive devices and any necessary structural modifications so that the facility meets the needs of persons with physical disabilities;
(11) be sufficiently sized to meet the living space needs of the person or persons residing there as well as the additional space needs of staff working within the premises, specifically including appropriate space or spaces for the following:
(A) Meal preparation;
(B) dining;
(C) sleeping;
(D) bathing, toileting, and hand washing;
(E) recreation and day living; and
(F) storage of personal items; and
(12) meet the needs of each person being served, consistent with the preferred lifestyle of the person or persons; and
(13) be in compliance with all applicable fire and life safety, health, sanitation, and occupancy codes.
(b)
(1) A provider shall monitor each facility in which services are provided, but that is not included in subsection (a) above, to determine whether or not the facility meets these requirements:
(A) Is maintained in compliance with all applicable fire and life safety, health, sanitation, and occupancy codes; and
(B) is of sufficient size and is equipped and stocked to permit the provider to provide the necessary services, activities, and training required by the person-centered support plan of any person being served at that site.
(2) If the provider is made aware of circumstances that create a violation of any fire and life safety, health, sanitation, or occupancy code, or that place a person's health, safety, or welfare in imminent danger, or if the provider determines that the facility fails to meet any required standard as specified by any person's person-centered support plan, the provider shall perform the following:
(A) Notify the person's support network of the nature of the deficiency; and
(B) implement any necessary corrective action by appropriate means, including any appropriate revisions to the person's person-centered support plan.
(c) Each facility intended to accommodate eight or more persons or in which eight or more persons are living shall be licensed by the Kansas department of health and environment as a lodging establishment pursuant to K.S.A. 36-501, et seq., and amendments thereto.
(d) A provider shall maintain each facility used for job training or production work in compliance with any applicable occupational health or safety code or regulation, including any provisions applicable to any equipment or machinery located or used within that facility.
(e) This regulation shall take effect on and after October 1, 1998.

Kan. Admin. Regs. § 30-63-30

Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.