N.D. Admin. Code 75-03-21-04

Current through Supplement No. 395, January, 2025

Section 75-03-21-04 - Facility

1. The facility must be:

a. Free of warped or damaged floors, loose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other hazards that would affect the safety of an adult residing in the facility;

b. Maintained free of offensive odors, vermin, and dampness;

c. Maintained by a central heating system at a temperature of at least sixty-eight degrees Fahrenheit [20 degrees Celsius];

d. Maintained so as to prevent crawling and flying pests from entering the facility through windows;

e. Equipped with handrails in all stairways;

f. Equipped with nonporous surfaces for shower enclosures;

g. Equipped with safety mats or slip-preventing materials on the bottom of tubs and floors of showers; and

h. Physically accessible for the resident.

2. Bedrooms for all residents must be constructed as a bedroom with walls or partitions of standard construction which extend from floor to ceiling and which provide privacy for the resident.

3. Bedrooms occupied by one resident must have no less than seventy square feet [6.50 square meters] of usable floor space.

4. Bedrooms occupied by two residents must have no less than one hundred twenty square feet [11.15 square meters] of usable floor space and provide for privacy in the sleeping area.

5. Bedroom ceilings must be at least six feet and eight inches [203.20 centimeters] above the finished floor surface at the ceiling's lowest point.

6. No more than two residents may be assigned to one bedroom and residents sharing a bedroom must have a choice of roommates in that facility.

7. Bedroom and bathroom doors must be lockable by the resident for privacy, with only the resident and appropriate staff having keys to the bedroom doors. Any restrictions on having a lockable bedroom or bathroom door must be documented and justified in the person-centered service plan or service and rental agreement.

8. Bedrooms occupied by residents may not be located in a level of the facility below grade level unless there are two means of egress, one of which leads to the outside of the facility.

9. At least one full bathroom must be available on the same floor as any bedroom occupied by a resident.

10. The facility must have a telecommunication device on the main floor available for use by residents.

11. Use of video surveillance equipment in the resident's bedroom and bathroom is prohibited.

12. Mobile home units used as a facility must:

a. Have been constructed since 1976;

b. Have been designed for use as a dwelling, rather than as a travel trailer;

c. Meet the flame spread rate requirements; and

d. Have a manufacturer's label permanently affixed stating the mobile home meets the requirements of the department of housing and urban development or the American national standards institute.

N.D. Admin Code 75-03-21-04

Effective May 1, 1992; amended effective May 1, 1995; January 1, 2009; October 1, 2012.

Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.

General Authority: NDCC 50-06-16, 50-11

Law Implemented: NDCC 50-11-03