525-20-00 R.I. Code R. § 3.4

Current through August 19, 2024

Section 525-RICR-20-00-3.4 - Definitions

A. As used in this Regulation:

1. "Accessibility features" means and includes the following:

a. Accessible route to a zero (0) step entrance on firm surface that is no steeper than a 1:12 slope from a driveway or public sidewalk;

b. Zero (0) step entrance;

c. Doorways that are usable by the individual's mobility device and at least thirty-two inches (32") of clear width;

d. Hallways and passages that are usable by the individual's mobility device and at least thirty-six inches (36") of clear width;

e. Accessible light switches, electrical outlets and environmental controls;

f. Accessible bathroom;

g. Accessible and useable kitchen facilities;

h. Handrails and grab bars;

i. Purchase and permanent installation of a backup electric generator for life sustaining electric-powered medical equipment in their homes for devices such as respirators, oxygen concentrators, and/or dialysis machines;

j. Installation of a permanent home monitoring system for residents with any form of dementia; and

k. Modifying of an existing unit shall also include permanently installed lifts or elevators. The modification of these features must meet the specifications of an existing standard.

l. Appliances or alarms that can be easily reinstalled in another residence would not meet the definition of an accessibility feature.

2. "Building codes" means Rhode Island State Building & Fire Code Regulations, including but not limited to the State Buildings Code; State Fire Safety Code; State Rehabilitation Building and Fire Code for Existing Buildings and Structures; and State Elevator Safety Code (http://sos.ri.gov/divisions/Open-Government/State/rules-and-regulations/building-and-fire-codes).

3. "Commission" means the Governor's Commission on Disabilities.

4. "Countable income" means the resident with the disability's taxable income as reported on the prior year's 1040, 1040A or 1040EZ, minus withdrawals from a retirement account or pension fund for medically necessary expenses.

5. "Dependent" means the same as 26 C.F.R. § 1.152-1 - "General definition of a dependent" claimed as a dependent on the resident with a disability's Federal Tax Return (https://www.irs.gov/forms-pubs/about-publication-929).

6. "Disability" means the same as defined by R.I. Gen. Laws § 42-87-1 ("definitions of disability"), except for R.I. Gen. Laws §§ 42-87-1(1)(ii) through (iv).

7. "Existing standards" means and includes adaptability features prescribed by the Rhode Island State Building Code, the Uniform Federal Accessibility Standards, incorporated above, or Fair Housing Accessibility Guidelines, incorporated above.

8. "Health care facility" means an institution licensed by the Rhode Island Department of Health that provides health care services in a health care setting, including but not limited to hospitals and other licensed inpatient centers, skilled nursing facility, hospice and palliative care, residential treatment centers, and rehabilitation and other therapeutic health settings.

9. "Modify", "modification", or "modifying" means the alteration, construction, installation, and/or renovation of accessibility features and/or sensory modifications to the residence.

10. "Needs assessment" means an evaluation of:

a. Balance, coordination, endurance, safety awareness, strength, attention, problem solving, vision, communication, and many other functions while the individual performs daily tasks;

b. The home environment to identify barriers to safety, functional mobility and self-care activities;

c. How a person interacts with the environment to complete a task or activity; and

d. Through this process, modifications and intervention strategies are selected to improve the fit between these elements, with a goal of maximizing safety and independence in the home. The intervention plan may include but is not limited to strategies such as adaptive equipment, lighting, family caregiver training, or remodeling.

11. "Qualified healthcare professional" includes, but is not limited to, a physician, physical therapist, occupational therapist, audiologist, or certified aging-in-place specialist, capable of conducting an assessment of a resident who has a disability.

12. "Resident who has a disability" means an individual who has a physical or mental impairment that substantially limits one (1) or more of the major life activities of such individual.

13. "Sensory modifications" means alarms, appliances and controls designed to assist sensory disabled persons that are structurally integrated into the residential unit. Built-in appliances would meet this definition.

a. Accommodations or features that can be removed and reinstalled in another residential unit and so reused at another location are not considered to be sensory modifications for the purposes of this program.

b. Appliances or alarms that can be reinstalled in another residence would not meet this definition.

525 R.I. Code R. § 525-RICR-20-00-3.4

Amended effective 11/12/2018
Amended effective 10/22/2019
Amended effective 8/23/2021
Amended effective 3/19/2023