(1)In order to qualify for or maintain a license, an AFH shall meet the following provisions:
(a)Demonstrate compliance with Oregon Structural Specialty Code (OSSC) and Oregon Fire Code: and
(b)Maintain up-to-date documentation verifying they meet applicable local business license, zoning, and building and housing codes and state and local fire and safety regulations. It is the duty of the provider to check with local government to be sure all applicable local codes have been met;
(c)For AFH’s established on or after October 1, 2004, meet all applicable state building, mechanical, and housing codes for fire and life safety. The AFH shall be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five persons. Refer to Appendix I of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Division, a request for fire inspection shall be made to the State Fire Marshal;
(d)The building and furnishings shall be clean and in good repair and grounds shall be maintained. Walls, ceilings, and floors shall be of such character to permit frequent washing, cleaning, or painting. There shall be no accumulation of garbage, debris, rubbish, or offensive odors;
(e)Stairways shall be provided with handrails. A functioning light shall be provided in each room, stairway, and exit way; incandescent light bulbs shall be protected with appropriate covers. Yard and exterior steps shall be accessible to individuals;
(f)The heating system shall be in working order. Areas of the AFH used by individuals shall be maintained at no less than 68 degrees Fahrenheit during the day and 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, the provider shall make a reasonable effort to make the individuals comfortable using available ventilation or fans;
(g)There shall be at least 150 square feet of common space and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of the occupants at one time. Common space shall not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space is required if wheelchairs are to be accommodated;
(h)Pools and hot tubs shall be equipped with sufficient safety barriers or devices to prevent accidental injury in accordance with Section R116 of the Oregon Residential Specialty Code.
(2)Any accessibility improvements made to accommodate an identified individual shall be in accordance with the specific needs of the individual and comply with Chapter 11 of the building code.
(3)An AFH shall have an accessible outdoor area that shall be made available to individuals.
(4)Storage of a reasonable size for an individual’s belongings beyond that of the individual’s unit shall be made available:
(a)All yard maintenance equipment shall be maintained in a locked storage if such equipment poses a safety threat;
(b)A locked storage area for individual medications separate from food, laundry, and toxic or hazardous materials shall be made accessible to all caregivers. For individuals who are self-medicating, the provider shall make a secured locked box available to assure the safety of all occupants of the home;
(c)A locked storage area separate from food and medications shall be designated when there are toxic or hazardous materials on the premises.
(5)All equipment shall be clean and in good repair, provide individual privacy, and shall have but is not limited to, the following:
(a)A finished interior, a mirror, an operable window or other means of ventilation, and a window covering;
(b)Tubs or showers, toilets and sinks. A sink shall be located near each toilet. A toilet and sink shall be provided on each floor where rooms of non-ambulatory individuals or individuals with limited mobility are located. There shall be at least one toilet, one sink, and one tub or shower for each six household occupants, including the provider and family;
(c)Hot and cold water in sufficient supply to meet the needs of individuals for personal hygiene. Hot water temperature sources for bathing areas shall not exceed 120 degrees Fahrenheit;
(d)Shower enclosures with nonporous surfaces. Glass shower doors shall be tempered safety glass. Shower curtains shall be clean and in good condition. Non-slip floor surfaces shall be provided in tubs and showers;
(e)Grab bars for toilets, tubs, or showers for safety as required by an individual’s disability;
(f)The AFH may not be designed to allow an individual or employee to walk through another individual’s bedroom to get to a bathroom. Individuals shall have barrier-free access to toilet and bathing facilities with appropriate fixtures.
(g)If there are non-ambulatory individuals, alternative arrangements shall be appropriate to meet the non-ambulatory individual’s needs for maintaining good personal hygiene.
(h)Individuals shall have appropriate racks or hooks for drying bath linens.
(6)All furniture and furnishings shall be clean and in good repair. Units for all household occupants shall have been constructed as a bedroom when the home was built or remodeled under permit; be finished, with walls or partitions of standard construction that go from floor to ceiling, and a door which opens directly to a hallway or common use room without passage through another unit or common bathroom; be adequately ventilated, heated, and lighted with at least one operable window that meets fire egress regulations. (See Section R310 Emergency Escape and Rescue Openings in the Oregon Residential Specialty Code.) All units shall include a minimum of 70 square feet of usable floor space for each individual or 120 square feet for two individuals, have no more than two persons per room, and allow for a minimum of three feet between beds. In addition, the provider shall ensure that:
(a)Each unit has a lockable entrance door for the individual’s privacy:
(A)The locking device shall release with a single-action lever on the inside of the unit and open to a hall or common-use room;
(B)The provider shall provide each individual with a personalized key that operates only the door to his or her unit door from the corridor side;
(C)The provider shall maintain a master key to access all of the units that is quickly available to the provider or resident manager and documented in the individual’s person-centered service plan;
(D)The provider may not disable or remove a lock to a unit without first obtaining consent from the individual through the individually-based limitations process outlined in OAR 309-040-0393 (Individually-Based Limitations); and
(E)Section (6) is effective July 1, 2016, and enforceable as described in OAR 309-040-0315 (License Application and Fees)(7).
(b)Providers, resident managers, or their family members may not sleep in areas designated as living areas or share units with individuals;
(c)In determining maximum capacity, consideration shall be given to whether children over the age of five have a bedroom separate from their parents;
(d)Units shall be on ground level for individuals who are non-ambulatory or have impaired mobility;
(e)Individual units shall be in close enough proximity to alert the provider or resident manager to night time needs or emergencies or be equipped with a call bell or intercom.
(7)AFH’s established on or after October 1, 2004, shall meet all applicable state building, residential, fire, mechanical, and housing codes for fire and life safety. The AFH shall be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five individuals. Refer to Appendix I of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Division, a request for fire inspection shall be made to the State Fire Marshal.
(8)Special hazards such as the following:
(a)Flammable and combustible liquids and hazardous materials shall be safely and properly stored in original, properly labeled containers, or safety containers and secured to prevent tampering by individuals or others. Firearms on the premises of an AFH shall be stored in a locked cabinet. The firearms cabinet shall be located in an area of the home that is not readily accessible to individuals, and all ammunition shall be stored in a separate, locked location;
(b)Smoking regulations shall be adopted to allow smoking only in designated areas. Smoking shall be prohibited in sleeping rooms and upon upholstered crevasse furniture. Ashtrays of noncombustible material and safe design shall be provided in areas where smoking is permitted;
(c)Cleaning supplies, poisons, and insecticides shall be properly stored in original, properly labeled containers in a safe area away from food, preparation and storage of food, dining areas, and medications.
(9)All furniture and furnishings shall be clean and in good repair. There shall be at least 150 square feet of common space and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of the occupants at one time. Common space may not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space shall be required if wheelchairs are to be accommodated.
(10)All equipment shall be clean and in good repair. Laundry facilities shall be separate from food preparation and other individual use areas. The provider shall maintain the following:
(a)Locked storage area for chemicals that pose a safety threat to individuals or family members;
(b)Sufficient, separate storage and handling space to ensure that clean laundry is not contaminated by soiled laundry;
(c)Outlets, venting, and water hookups according to State Building Code requirements; and
(d)Washing machines shall have a minimum rinse temperature of 140 degrees Fahrenheit.
(11)All equipment shall be clean and in good repair. The provider shall maintain an area for dry storage, not subject to freezing, in cabinets or a separate pantry with a minimum of one week’s supply of staple foods. The provider shall maintain the following:
(a)Sufficient refrigeration space maintained at 45 degrees Fahrenheit or less and freezer space maintained at 0 degree Fahrenheit or less for a minimum of two days’ supply of perishable foods;
(b)A dishwasher with a minimum final rinse of 140 degrees Fahrenheit;
(c)Smooth, nonabsorbent and cleanable counters for food preparation and serving;
(d)Appropriate storage for dishes and cooking utensils designed to be free from potential contamination;
(e)Stove and oven equipment for cooking and baking needs;
(f)Storage for a mop and other cleaning tools and supplies used for food preparation, dining, and adjacent areas. Such cleaning tools shall be maintained separately from those used to clean other parts of the home; and
(g)Dining Space where meals are served shall be provided to seat all individuals at the same seating.
(12)Details and Finishes:
(a)The building and furnishings shall be clean and in good repair, and grounds shall be maintained. Walls, ceilings, and floors shall be of such character to permit frequent washing, cleaning, or painting;
(b)Locks used on doors to individuals’ units shall be in good repair with an interactive lock to release with operation of the inside door handle and be master keyed from the corridor side and comply with the requirements established by OAR 309-040-0365 (Facility Standards)(6)(a) and its subsections. Exit doors may not have locks that prevent evacuation except as permitted by Section 1008.1.8 of the building code. An exterior door alarm or other acceptable system may be provided for security purposes and alert the provider when individuals or others enter or exit the home.
(c)Handrails. Handrails shall be secured on all stairways.
(13)The heating system shall be in working order:
(a)Areas of the AFH used by individuals shall be maintained at no less than 68 degrees Fahrenheit during daytime hours and no less than 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, the provider shall make reasonable effort to make the residents comfortable using available ventilation or fans;
(b)All toilets and shower rooms shall be ventilated by a mechanical exhaust system or operable window;
(c)Design and installation of fireplaces, furnaces and wood stoves shall meet standards of the Oregon Mechanical and Residential Specialty Code and have annual inspections to assure no safety hazard exists;
(d)Hot water temperatures shall be maintained within a range of 110¼ to 120 degrees Fahrenheit. Hot water temperatures for washing machines and dishwashers shall be at least 140 degrees Fahrenheit.
(14)All electrical systems shall meet the standards of the Oregon Electrical Specialty Code in effect on the date of installation, and all electrical devices shall be properly wired and in good repair:
(a)When not fully grounded, GFI-type receptacles or circuit breakers as an acceptable alternative may protect circuits in individual areas;
(b)Circuit breakers or non-interchangeable circuit-breaker-type fuses in fuse boxes shall be used to protect all electrical circuits;
(c)A sufficient supply of electrical outlets shall be provided to meet individual and staff needs without the use of extension cords or outlet expander devices;
(d)A functioning light shall be provided in each room, stairway, and exit way. Lighting Fixtures shall be provided in each individual bedroom and bathroom with a light switch near the entry door and in other areas as required to meet task illumination needs;
(e)Incandescent light bulbs shall be protected with appropriate covers.
(15)All plumbing shall meet the Oregon Plumbing Specialty Code in effect on the date of installation, and all plumbing fixtures shall be properly installed and in good repair.
(16)Pools, hot tubs, and ponds shall be equipped with sufficient safety barriers or devices to prevent accidental injury in accordance with Section R116 of the Oregon Residential Specialty Code.
(a)A telephone shall be available and accessible 24 hours a day for individuals’ use for incoming and outgoing calls in the AFH;
(b)Emergency telephone numbers for the local CMHP, Police, Fire, Medical, Poison Control, provider, and other emergencies shall be posted by the individuals’ telephone. The posting shall include the name, address, and telephone number of the AFH, telephone numbers for making complaints or a report of alleged abuse to the local CMHP, the Division, the Office of Adult Abuse Prevention and Investigations and the Oregon Advocacy Center;
(c)AFH telephone numbers shall be listed in the local telephone directory;
(d)The provider may establish reasonable rules governing telephone use to ensure equal access by all individuals. Each individual or guardian (as applicable) shall be responsible for payment of long distance phone bills where calls were initiated by the individual, unless otherwise mutually agreed arrangements have been made.
Rule 309-040-0365 — Facility Standards,