Md. Code Regs. 10.12.04.28

Current through Register Vol. 51, No. 21, October 18, 2024

Section 10.12.04.28 - Physical Plant

A. New Center.

(1) A new center shall be designed, constructed, and maintained according to applicable federal, State, and local codes and regulations for building, zoning, fire, food, safety, health and other related codes or ordinances, or both. The center shall also comply with the requirements of the Americans with Disabilities Act of 1990, 42 U. S. C. § 12101 et seq.

(2) Where possible, the center shall be located at street level. If a proposed center will not be located at street level, the licensee shall obtain prior approval from the Department before design work proceeds.

B. Existing Center. Any conversion, alteration, or addition that affects the center's functional structure or participant capacity, shall be constructed in accordance with this chapter, including the regulations that apply to new centers.

C. Multi-Use Facilities.

(1) When a center operates in a multi-use center such as a hospital, nursing home, assisted living program, religious structure, or a school, the center shall have a written agreement regarding the cooperative use of facilities allowing the center adequate separate space during its hours of operation.

(2) Certain spaces may be shared with other groups, such as the kitchen and therapy rooms. Where spaces are to be shared, a written agreement shall govern the use of space. D. Space.

(1) The center shall have sufficient space to accommodate the full range of program activities and services. The center shall be flexible and adaptable to accommodate a variety of group or individual activities and services, and to protect the privacy of participants receiving services. The Department may require more than the minimum square footage to ensure that there is space for the center to provide activities and services that meet the needs of the participants.

(2) The center shall have the following minimum square footage requirements for activity space:

(a) 100 square feet for each of the first five participants; and

(b) 60 square feet per participant thereafter.

(3) Usable Area. In determining required square footage, only those activity areas commonly used by participants are to be included. Fifty percent of the total usable square footage of kitchen areas shall qualify as activity space if participants use these areas as part of the center's activities programs.

(4) Non-Usable Area. Administrative areas, reception areas, offices, closets, storage rooms, toilets and bathrooms, utility rooms, and passageways may not be included when calculating the qualifying usable square footage for activities. The actual footprint of finished space shall be what constitutes usable space. This excludes the space between partition walls, and the space between the finished interior wall and the outside of the exterior wall.

(5) The center shall provide the following:

(a) Private space to permit staff to work effectively and without interruption;

(b) A large room or access to a large room where all participants can gather and rooms or divided areas for small group activities;

(c) A designated rest or quiet area to provide visual privacy to isolate participants that become ill or disruptive or who may require rest;

(d) A separate space where participants, family, caregivers, or staff may have private conversations;

(e) Adequate space that is located in or adjacent to activity areas or offices for storage of activity and operating supplies.

(f) Exterior lockable doors; and

(g) An effective automated device or system to alert staff to participants entering or leaving the building.

(6) The center need not use an automated alert for an exit door when the exit door is staffed by a receptionist or other staff member who views and maintains a log of the participants entering and leaving the center.

Md. Code Regs. 10.12.04.28

Regulations .28 adopted effective November 23, 2006 (33:23 Md. R. 1795)
Regulations .28 Amended effective 41:12 Md. R. 668, eff.12/13/2014