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37.106.1470    FACILITY REQUIREMENTS

(1) The administrator is responsible for the overall management of the program facility(s).

(2) Building requirements include but are not limited to the following:

(a) facilities must be accessible to a person with a physical disability. If a facility is unable to provide access to an individual with a physical disability, the program must make arrangements for a referral or other accommodations to assure the person receives appropriate services;

(b) facilities must meet all applicable building and fire codes and be approved by the authority having jurisdiction to determine if the appropriate building and fire codes are met;

(c) a patient or resident may not be admitted, housed, treated, or cared for in an addition or altered area until the area is inspected and approved by the department or in new construction until licensed by the department;

(d) facilities must be constructed and maintained in a manner to prevent entrance and infestation by rats, mice, insects, flies, or other vermin; and

(e) providers must ensure each facility, exterior grounds, and component parts such as but not limited to fences, equipments, outbuildings, and landscape items are safe, free of hazards, clean, and maintained in good repair.

(3) Water supply, sewage, and waste disposal requirements include but are not limited to the following:

(a) facilities must meet water and sewer system requirements of the municipality or jurisdiction in which it is located;

(b) hot water temperatures supplied to hand washing and bathing facilities must not exceed 120ºF;

(c) garbage and refuse must be kept in durable, easily cleanable, insect and rodent proof containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper bags may be used to line these containers;

(d) refuse and recycling containers stored outside the residence, dumpsters, compactors, and compactor systems must be easily cleanable, must be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use;

(e) containers designed with drains must have drain plugs in place at all times, except during cleaning; and

(f) garbage and refuse must be disposed of daily and removed from the property at least weekly to prevent the development of odor and attraction of insects and rodents.

(4) Physical environmental requirements include but are not limited to the following:

(a) deodorants may not be used for odor control in lieu of proper ventilation; (b) all operable windows must have a screen in good repair;

(c) a minimum of 10 foot-candles of light must be available in all hallways and bathrooms;

(d) each room or area occupied by children under age five or residents with unsafe behaviors must have tamper resistant electrical outlets;

(e) facilities must have adequate private space for personal consultation with a client, staff charting, and therapeutic and social activities, as appropriate;

(f) all electrical, mechanical, plumbing, fire protection, heating, and sewage disposal systems must be kept in operational condition;

(g) each facility must have an annual inspection by the local fire authority;

(h) each facility must have floors covered with an easily cleanable surface; and

(i) all walls and ceilings, including doors, windows, skylights, and similar closures must be maintained in good repair.

(5) Laundry requirements include but are not limited to the following:

(a) the program must ensure that laundry facilities, equipment, and laundry handling and processes will ensure linen and laundered items provided to residents are clean, in good repair, and adequate to meet the needs of residents.

(6) Bedding and linen requirements include but are not limited to the following:

(a) the program must ensure bedding and linen provided to residents are clean, in good repair, and adequate to meet the needs of residents including but not limited to:

(i) assuring each resident has a bed, a moisture-proof mattress cover, and mattress pad in good condition; and

(ii) assuring the facility or resident keep a supply of:

(A) clean bed linen on hand sufficient to change beds often enough to keep them clean, dry, and free from odors;

(B) clean individual towels and washcloths; and

(C) adequate blankets for each resident to maintain warmth while sleeping.

(7) Bathroom requirements include but are not limited to the following:

(a) the provider must ensure private or common-use toilet rooms and bathrooms are available to residents including the provision for:

(i) a minimum of one toilet and hand washing sink for every four residents, or fraction thereof;

(ii) a sink is located in or immediately accessible to each toilet room;

(iii) a minimum of one bathing fixture for every six residents;

(iv) hand cleansing soap or detergent must be available at each lavatory in the facility. The use of a communal bar soap is prohibited;

(v) provision for individual towels must be available at each lavatory; and

(vi) a waste receptacle must be located near each lavatory.

(8) Bedroom requirements include but are not limited to the following:

(a) the program shall ensure residents have an accessible, clean, well-maintained room with sufficient space and light for sleeping and personal activities including but not limited to ensuring:

(i) bedrooms are at least 60 square feet per person in a multiple person room except where construction or cost would be prohibitive;

(ii) direct access to a hallway, living room, lounge, the outside, or other common use area without going through a laundry or utility area, a bath or toilet room, or another resident's bedroom;

(iii) each bedroom has one operable outside window with visual privacy; and

(iv) each bedroom is equipped with:

(A) a bed;

(B) one or more noncombustible waste containers; and

(C) a wardrobe, dresser, or closet with shelving for storing a reasonable amount of clothing.

(9) Disaster plan requirements include but are not limited to the following:

(a) each facility must have an evacuation and disaster plan;

(b) there must be a fire evacuation plan for use in the event of a fire, addressing:

(i) a procedure for accounting for all residents and staff during and after the emergency and the meeting location after evacuation; and

(ii) making provisions for emergency medications, food, water, clothing, shelter, heat, and power.

(c) the posting of evacuation routes on the premises where services are being provided in a place where they can be easily viewed by clients, participants, and staff; and

(d) the program must conduct and document a drill of the fire and evacuation plan at least once a year.

(10) Infectious disease prevention and control requirements include but are not limited to the following:

(a) a program shall develop and follow a written infection control plan for both staff and clients, including but not limited to:

(i) implementation of universal precautions for communicable diseases; and

(ii) provision for patient and staff education necessary to implement infection control policies and procedures.

(11) Emergency procedure requirements include but are not limited to the following:

(a) facilities must have written procedures to be followed in the event of a medical or other emergency;

(b) poison control and emergency contacts must be posted at the telephone; and

(c) facilities must have a first aid kit readily available.

(12) Facility maintenance requirements include but are not limited to the following:

(a) each facility shall have evidence of a maintenance program and procedures that are utilized to keep the building and equipment in good repair and free from hazards;

(b) facilities must assure adequate housekeeping services, procedures, and or supplies are available to assure a clean, safe, and sanitary environment in all areas of the facility;

(c) facilities must be kept clean and free of odors; and

(d) facilities must use a dishwasher or use hot soapy water for hand washed utensils, dishes, and equipment.

(13) Pest control requirements include but are not limited to the following:

(a) effective measures intended to minimize the presence of rodents, flies, cockroaches, and other vermin on the premises;

(b) measures to ensure containers of poisonous and toxic materials be stored safely and bear a legible manufactures label or Material Safety Data (MSD) sheets; and

(c) maintenance and cleaning tools must be maintained and stored in a safe and orderly manner.

(14) Food and nutrition requirements include but are not limited to the following:

(a) the program must ensure resident food preparation, handling, and storage is adequate to meet the needs of residents including but not limited to the following:

(i) food must be stored in a clean, dry location where it is not exposed to contamination;

(ii) conveniently located refrigeration facilities or effectively insulated facilities must be provided to assure maintenance of potentially hazardous food;

(iii) food that isn't stored in original containers must be dated, labeled, and covered;

(iv) food cannot be stored on the floor;

(v) refrigerated foods must be maintained at a temperature of 41 to 44ºF;

(vi) frozen foods must be kept frozen;

(vii) raw fruits and vegetables must be thoroughly washed in potable water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form;

(viii) all home canned products are prohibited;

(ix) sinks used for preparation of foods must be cleaned and sanitized;

(x) food preparers shall wash their hands before engaging in food preparation, and during preparation as often as necessary to remove soil and contamination, and to prevent cross contamination when changing tasks; and

(xi) food preparers and other authorized persons shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during food preparation.

(15) Pet management requirements include but are not limited to the following:

(a) facilities are allowed to have pets in residence based upon facility policy and ensuring all animals are current on vaccinations.

History: 50-5-103, 53-24-208, MCA; IMP, 50-5-101, 50-5-103, 53-24-208, 76-2-411, MCA; NEW, 2010 MAR p. 2975, Eff. 12/24/10.

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