W. Va. Code R. § 64-75-11

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-75-11 - Physical Facilities

11.1. Applicability; Construction; Additions; Renovations; Alterations; Other Standards.

11.1.a. The provisions of this Section apply to physical facilities, operations, maintenance and equipment for all residential care communities, renovations or additions. (Class I)

11.1.b. A complete set of drawings and specifications for the architectural, structural, and mechanical work shall be submitted to and approved by the secretary before construction begins. This requirement applies to new construction, additions, renovations, or alterations to existing residential care communities. (Class I)

11.1.c. The submitted set of construction documents (drawings and specifications) shall be prepared, signed and sealed by an individual registered to practice architecture in the State of West Virginia. The residential care community shall submit one (1) set of these documents to the State Fire Marshal for review. The new residential care community or addition shall be inspected during the construction phase by a registered professional architect, preferably the designing architect. (Class I)

11.1.d. During the construction phase an as built set of drawings shall be kept by the general contractor on which all changes (from all trades) to the project are noted. Each change shall be noted in red and dated. The architect shall present this as built set of drawings to the owner when the project is completed. (Class I)

11.1.e. All construction, new additions, renovations or alterations shall be inspected and approved by the secretary prior to admitting new or additional residents. When construction is substantially complete, the architect shall submit to the secretary a substantial completion form signed by all the parties involved and a completed inspection request form. (Class I)

11.1.f. Unless substantial construction is started within one (1) year of the date of approval of final drawings, the owner or architect shall secure written notification from the secretary that the plan approval for construction is still valid and in compliance with this rule. (Class I)

11.1.g. Plans for addition, removal or modification of equipment which is permanently affixed to the building or which may otherwise involve or necessitate new construction, alterations, or additions to the residential care community shall be submitted to and approved by the secretary. (Class I)

11.1.h. Other changes involving equipment, which may or may not require physical changes in the residential care community, but which may relate to other standards and requirements of this rule may require the secretary's approval. Residential care communities may request approval in advance from the secretary regarding a particular change or rearrangement. Areas in which changes are likely to require approval include, but are not limited to, the kitchen, the laundry, and heating equipment. (Class I)

11.1.i. All fees specified in the division of health rule AFees for Services,@ 64CSR51, for site inspections of new construction or major renovations, architect reviews of drawings and specifications, and inspections of new projects prior to openings are the responsibility of the licensee. (Class III)

11.1.j. A licensee shall obtain approval from the secretary of the licensee's plan of operation, and the secretary shall determine the apartment/resident capacity. An increase in capacity can occur only with permission of the secretary. (Class II)

11.1.k. The Americans with Disabilities Act (ADA) and the American National Standards Institute (ANSI) codes shall be followed when they apply. (Class II)

11.1.l. The residential care community shall comply with the state fire commission's rule AState Building Code,@ 87CSR4.^[6] (Class I)

11.1.m. Where local codes or regulations require standards higher than those required by this rule, local building codes and zoning restrictions shall be observed. (Class I)

11.1.n. Evidence of compliance signed by local fire, building and zoning officials shall be available on-site for review. (Class I)

11.2. Site Characteristics and Accessibility

11.2.a. Sites for all new residential care communities and sites of additions to existing residential care communities shall be inspected by the secretary prior to the architect beginning work on final drawings and specifications. (Class I)

11.2.b. Residential care communities shall be located in a residential setting as convenient as possible for necessary services and access to the residential care communities, if local zoning laws allow. (Class III)

11.2.c. There shall be adequate drainage to divert surface water from the residential care community. (Class II)

11.2.d. The residential care community's hard surface access road shall connect directly to a hard surface highway which provides access to hospitals and allows medical and fire personnel access. (Class I)

11.2.e. Any questionable soil conditions shall be reviewed by a qualified soils engineer and if conditions require, earth core borings shall be conducted. The secretary shall be supplied with copies of soil test reports if engineered soil is installed or if other soil tests are conducted. (Class I)

11.2.f. The site shall have accessibility to electric power. Water shall be supplied with sufficient pressure to operate the fire sprinkler system adequately. (Class I)

11.2.g. Parking areas shall be constructed using clean, solid earth bed, a compacted stone base and a hard surface all weather finish coat with a slope which permits good drainage. There shall be parking spaces for all staff on duty, and a minimum of one (1) parking space for each five (5) beds. A minimum of (2) two handicapped parking spaces shall be located at the main entrance. All parking areas shall be free of broken, gaped or uneven paving. (Class II)

11.2.h. Hard surface concrete walks, a minimum of forty-eight inches (48") wide with light broom top surface texture shall be provided at all exits and connect into the main walk or parking area. (Class II)

11.3. Physical Facilities and Equipment

11.3.a. Maintenance and housekeeping shall be provided to maintain safe, sanitary and accident free living conditions. (Class I)

11.3.b. Low windows, open porches, changes in floor level and similar accident hazards shall be designed so that the danger of accident is minimized. Danger areas on the property outside the building shall be safeguarded. (Class I)

11.3.c. All equipment shall be maintained as recommended by the manufacturer and the licensee shall establish a program of preventive maintenance for all equipment. (Class I)

11.3.d. The residential care community shall be kept free of insects, rodents and vermin. Pesticides shall be applied only by an applicator certified by the United States Department of Agriculture. (Class I)

11.3.e. Each room occupied or used by residents shall have level floors which are slip resistant. Floor covering shall be maintained in a clean and odor-free condition, free from protrusions and lie flat and even. (Class II)

11.3.f. Ceilings and walls shall be in good repair, free from unfilled cracks, and finished to allow for satisfactory cleaning. (Class II)

11.3.g. All doors and windows shall be operable and shall be constructed and maintained to fit snugly, yet be opened and closed easily without requiring the use of special tools. All doors shall be provided with positive latches suitable for keeping the doors closed. (Class I)

11.3.h. Minimum door widths for new construction shall be thirty-six inches (36") for exterior exits and resident rooms. Minimum door widths for new construction shall be thirty-four inches (34") for bathroom doors. (Class II)

11.3.i. Outer openings that are left open for extended periods of time shall be screened to prevent the entrance of insects. Insect screening shall be maintained free of openings large enough to permit the entrance of insects. (Class II)

11.3.j. The residential care community shall have a heating system capable of maintaining a temperature in all rooms used by residents of at least seventy-two degrees Fahrenheit (72EF) during cold weather. (Class I)

11.3.k. Supplemental heating devices, such as portable heaters, are prohibited. (Class I)

11.3.l. Cooling devices or systems shall be provided for the use of residents when inside temperatures exceed eighty degrees Fahrenheit (80EF). Acceptable cooling devices include, but are not limited to, air conditioners, electric fans and heat pumps. (Class I)

11.3.m. Ramps shall not be less than forty-eight inches (48") wide nor steeper than one foot (1') of rise in twelve feet (12') of run, and shall be finished with a non-slip surface. (Class I)

11.3.n. Handrails shall be provided on all sides of elevators and inside and outside stairs and ramps. Handrails shall be installed between thirty-two inches (32") and thirty-four inches (34") high and support a concentrated load of two hundred and fifty (250) pounds. (Class I)

11.3.o. Residential care communities shall have a call system which is audible to staff who are on duty and which can be accessed from each bed and other areas as necessary for the safety of residents. Portable battery operated or beeper-type systems may be considered. (Class I)

11.3.p. The residential care community shall have space adequate for the storage of linens, maintenance and housekeeping supplies, equipment, and food supplies. (Class II)

11.3.q. All residential care communities shall have at least one (1) janitor's closet with a service sink for each story that houses residents. However, if existing facilities cannot comply with the janitor closet requirement on each floor, the residential care community must demonstrate a sanitary means of disposal of waste water. (Class II)

11.3.r. Corridors, stairways and elevators shall be of a width and design that will easily accommodate the removal of residents by stretcher, and shall be constructed and maintained in compliance with all applicable fire and safety requirements. Non-slip surfaces are required for stairways. Elevators shall comply with all appropriate State and federal laws. (Class I)

11.3.s. The licensee shall implement measures to ensure resident safety if it admits residents who exhibit behaviors which may cause harm to themselves or others or may place themselves or others in imminent danger or jeopardy. The safety measures may include but not be limited to, door alarms. (Class I)

11.4. Apartments

11.4.a. Each apartment shall:

11.4.a.1. Be at least three hundred square feet in size; (Class II)

11.4.a.2. Have doors capable of being locked; (Class II)

11.4.a.3. Contain at least one bedroom; (Class II)

11.4.a.4. Contain a kitchenette that includes a sink and refrigerator; (Class II)

11.4.a.5. Contain one full bathroom that includes a bathing area, toilet and sink; (Class II)

11.4.a.6. Contain grab-bars at toilets, tubs, and showers. These grab-bars shall be securely mounted to the finished wall with a steel plate or a two inch (2") by six inch (6") wood plate backing behind the wall. Grab bar brackets shall be provided at spacings which would support two hundred and fifty (250) pounds of concentrated load at any point on the grab-bar; (Class I)

11.4.a.7. Contain furniture, if furnished by the residential care community, appropriate in size and amount to the space provided and in all cases be in good repair; (Class II) and

11.4.a.8. Have a light controlled by a switch at the entry to the apartment and to the bedroom. (Class II)

11.4.b. Multiple occupancy apartments shall have at least eighty (80) square feet of bedroom space per occupant and no more than two (2) residents may occupy an apartment. (Class II)

11.5. Water Supply

11.5.a. The residential care community shall have a water supply which:

11.5.a.1. Is safe and sized to meet all residential needs and requirements of the sprinkler system; (Class I) and

11.5.a.2. Has as its source of water a public water system which complies with W. Va. Division of Health Administrative Rules, Public Water Systems, 64 CSR 3, or a water well which complies with W. Va. Division of Health Administrative Rules, Water Well Regulations, 64 CSR 19, and W. Va. Division of Health Administrative Rules, Water Well Design Standards, 64 CSR 46. (Class I)

11.5.b. The residential care community shall have hot and cold running water in sufficient supply to meet the needs of the residents, household members and employees. (Class I)

11.5.c. Hot water temperatures shall be maintained between one hundred five degrees Fahrenheit (105EF) and one hundred ten degrees Fahrenheit (110EF) at all hot water sources except for dishwashers and congregate laundry facilities . A thermostatic mixing valve shall be utilized to control the temperature of hot water which is used by residents. (Class I)

11.6. Sewage.

11.6.a. Sewage disposal shall be in accordance with W. Va. Division of Health Administrative Rules, Sewage System Rules, 64 CSR 9, and W. Va. Division of Health Administrative Rules, Sewage Treatment and Collection System Design Standards, 64 CSR 47. (Class I)

11.6.b. The sewage system shall be adequate to meet the residential care community's needs. (Class I)

11.6.c. Sewage systems shall be kept in good working order and shall be properly operated and maintained. (Class I)

11.7. Solid Waste.

11.7.a. All garbage and refuse shall be stored in durable, covered, leak-proof and vermin-proof containers and the containers shall be kept clean and free of all residue accumulation. Dumpsters in good repair are acceptable. (Class II)

11.7.b. The residential care community shall have solid waste containers in sufficient numbers and capacity to properly store all solid waste. (Class II)

11.7.c. Solid waste, including garbage and refuse, shall be removed from the building daily and the premises weekly, or more often if necessary. (Class II)

11.7.d. A concrete platform or metal rack is required for outside storage of solid waste containers. The method of storage shall prevent animals from getting into the contents of the waste containers. (Class II)

11.7.e. When municipal or private garbage and refuse disposal service is not available, all garbage and refuse shall be disposed of in accordance with the applicable provisions of state and local law and rules governing the management of garbage and refuse. (Class II)

11.8. Electrical Requirements.

11.8.a. Each residential care community shall be supplied with electrical service, wiring, outlets, and fixtures which shall be installed to meet the national electric code and shall be maintained in good and safe working conditions. (Class I)

11.8.b. The electrical service shall be of the proper size to handle the load connected to it. (Class I)

11.8.c. Electrical duplex outlet receptacles shall be provided as follows:

11.8.c.1. In new facilities electrical outlets shall be located in the living room, recreation room, dining room and bedrooms. There shall be at least one (1) receptacle on each wall. Walls longer than twelve (12) feet in the leisure room shall have at least two (2) receptacles on the walls. In existing facilities electrical outlets to meet the needs of the residents shall be provided; (Class I)

11.8.c.2. Other habitable rooms shall have a minimum of two (2) receptacles; (Class I)

11.8.c.3. All receptacle outlets within six (6) feet of any water supply shall be provided with ground fault circuit interrupter protection; (Class I)

11.8.c.4. Kitchens shall be provided with one (1) receptacle per four (4) lineal feet or a fraction thereof of the counter top preparation area with a minimum of two (2) receptacles per counter. In addition all counters wider than twelve inches (12") of any length shall provide a minimum of one (1) receptacle. On walls without counters there shall be receptacles with a maximum spacing of twelve feet (12'). Separate outlets are required for refrigerators and cooking equipment which require specialty outlets; (Class I)

11.8.c.5. The laundry room shall have a specialty outlet for the clothes dryer and a dedicated outlet for the washer. A minimum of one (1) outlet on a circuit separate from the washer and dryer shall be provided; (Class I) and

11.8.c.6. A minimum of one (1) exterior receptacle duplex outlet with ground fault circuit interrupter protection shall be provided. (Class I)

11.9. Lighting Requirements.

11.9.a. For safety reasons, general outdoor lighting shall be provided to illuminate walks, porches, patios, steps and drive areas for the purposes of the residents= safety. (Class I)

11.9.b. Emergency lights shall be mounted on walls in sufficient number to illuminate all exits on all levels. Emergency lights shall also be provided in the kitchen and as needed in areas where residents congregate. (Class I)

11.9.c. Minimum interior lighting levels are as follows:

11.9.c.1. Ten (10) foot candles in entrances, hallways, stairways, stair landings; (Class III)

11.9.c.2. Twenty (20) foot candles in general areas of living room, leisure rooms, dining rooms, and bedrooms; (Class III)

11.9.c.3. Thirty (30) foot candles in reading, writing and game playing areas in living room, leisure rooms, dining rooms and bedrooms; (Class III)

11.9.c.4. Fifty (50) foot candles in the cleaning and food preparation, cooking, and laundry areas; (Class III)

11.9.c.5. Thirty (30) foot candles in bath, lavatory, and toilet areas; (Class III) and

11.9.c.6. Fifty (50) foot candles in facial shaving and grooming areas, and at mirrors and hair styling areas. (Class III)

11.10. Pets and Other Animals.

11.10.a. Pets are permitted, provided that all residents are advised prior to admission that pets are kept on the premises. If pets are added after the admission of residents, all residents shall be in agreement to the addition of the pets. (Class III )

11.10.b. Wild, dangerous or obviously ill animals are prohibited. (Class I)

11.10.c. Animals and their quarters shall be kept in a clean condition at all times. (Class II)

11.10.d. Dogs and cats kept in the residential care community or on the grounds shall be properly vaccinated (for dogs this includes rabies, leptospirosis, distemper, and parvo and for cats this includes rabies). Documentation of the vaccination and prevention measures shall be available on the premises. (Class I)

11.11. Laundry and Linens.

11.11.a. Laundry facilities or services for residents' personal laundry shall be provided. Laundry services may be provided by an outside laundry service. (Class III)

11.11.b. Washing machines shall be installed so that no back-siphonage possibility exists, and electric or gas clothes dryers shall be vented to the outside. (Class I)

11.11.c. All laundry shall be dried mechanically in an electric or gas clothes dryer which is vented to the outside or a chemical sanitizer shall be added to the rinse water, and the laundry air-dried. (Class I)

11.11.d. Soiled and clean laundry shall not be stored together at any time. (Class II)

11.11.e. Soiled laundry shall be stored in non-absorbent, easily cleanable covered containers or disposable plastic bags. (Class II)

11.11.f. Table and kitchen linens shall be laundered separately from other washable goods. Sanitizing agents shall be used when laundering kitchen, bath, and bed linens. (Class II)

11.11.g. Locked storage facilities shall be utilized for laundry supplies, housekeeping supplies, insecticides, work supplies and any other toxic or hazardous materials. Food and drugs shall be stored in separate locations. (Class I)

11.11.h. There shall be a supply of sheets, pillow cases, bed coverings, towels, wash cloths, and other linens necessary to provide a minimum of two (2) changes per bed in residential care communities that provide furnishings. (Class III)

W. Va. Code R. § 64-75-11