DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF COMMUNITY AND HEALTH SYSTEMS
ADULT FOSTER CARE SMALL GROUP HOMES
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the department of licensing and regulatory affairs by section 9 of the Executive organization act of 1965, 1965 PA 380, MCL 16.109, and sections 10 and 18 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.710 and 400.718, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2015-1, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 400.227)
PART 1. GENERAL PROVISIONS
R 400.14101 Scope Rescinded.
Rule 101. This part applies to all adult
foster care small group homes that are licensed or proposed for 1 to 12
persons.
R 400.14102 Definitions Rescinded.
Rule 102. (1) As used in these rules:
(a) "Act" means the adult
foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Administrator" means the
individual that is designated by the licensee to be responsible for the daily
operation and management of the adult foster care small group home. The
administrator may be the licensee.
(c) "Admission policy" means
a home's public statement of its purpose, eligibility requirements for
admission, and application procedures for admission.
(d) "Assessment plan" means a
written statement that is prepared in cooperation with a responsible agency or
individual that identifies the specific care and maintenance, services, and
resident activities appropriate for each individual resident's physical and
behavioral needs and well-being and the methods of providing the care and
services, taking into account the preferences and competency of the individual.
(e) "Assistive device"
means the use of an item such as a pillow, pad, or medically supplied
therapeutic support that is intended to achieve or maintain the proper
position, posture, or balance of a resident. An assistive device may also be
an item that is intended to promote, achieve, or maintain the resident's
independence. Anything that is used with the intent to restrain a resident and
that does not permit the resident to remove the device by himself or herself is
a restraint and is not an assistive device.
(f) "Capacity" means the
maximum number of residents that a home is licensed for.
(g) "Department" means the
department of licensing and regulatory affairs.
(h) "Designated
representative" means the individual or agency that has been granted
written authority, by a resident, to act on behalf of the resident or that is
the legal guardian of a resident.
(i) "Direct care staff" means
the adult that is designated by the licensee to provide personal care,
protection, and supervision to residents.
(j) "Discharge policy" means
a home's written statement of the conditions and procedures that a resident is
discharged from the home by.
(k) "Elopement" means a
resident that has a service plan that requires notice or arranged supervision
to leave the facility and is absent without notice or supervision.
(l) "Health care appraisal"
means a licensed physician's, licensed physician's assistant's, or registered
nurse's statement that provides an assessment of the general physical condition
of a resident.
(m) "Home" means an adult
foster care small group home.
(n) "House rules" means those
rules that are established by the licensee and that set expectations for
resident conduct.
(o) "Incident" means an
intentional or unintentional event where a resident sustains physical or
emotional harm, unexpected or unnatural death, is displaced by a natural
disaster, or elopes as defined in these rules.
(p) "Isolation" means the
complete and unattended separation of a resident from staff and other
residents.
(q) "Members of the
household" means all individuals that live in the home, exclusive of
residents.
(r) "Occupants" means all
individuals that live in the home.
(s) "Physical restraint"
means the bodily holding of a resident with no more force than is necessary to
limit the resident's movement.
(t) "Premises" means the
home, grounds, and all other appurtenances.
(u) "Program statement" means
a written description of the home's program that must at a minimum, include
the following:
(i) The population to be served.
(ii) Program goals, services, in
addition to those provided in the home, and community resources to meet the
residents' needs.
(iii) Services to be provided in the
home to the residents, including a description of the types of staff
competencies that are necessary to carry out these services.
(iv) A description of any contract
agreement that services and programs are provided through.
(v) "Related" means any of
the following relationships by marriage, blood, or adoption:
(i) Spouse.
(ii) Child.
(iii) Parent.
(iv) Brother.
(v) Sister.
(vi) Grandparent.
(vii) Aunt.
(viii) Uncle.
(ix) Stepparent.
(x) Stepbrother.
(xi) Stepsister.
(xii) Cousin.
(w) "Resident" means an
adult, as that term is defined in section 3 of the act, MCL 400.703.
(x) "Resident funds" means
any money, securities, bonds, or stocks that are received by a licensee from,
or on behalf of, a resident. Resident funds includes all of the following:
(i) Payment for adult foster care
services.
(ii) Personal allowance.
(iii) Money held as a trust
obligation.
(iv) Money in accounts with financial
institutions.
(y) "Responsible agency"
means a public or private organization that, after written agreement with a
resident or the resident's designated representative, provides either or both
of the following:
(i) Assessment planning and the
establishment of an individual plan of service.
(ii) Maintenance of ongoing follow-up
services while the resident is in the home.
(z) "Street floor" means any
story or floor level that is accessible from the street or from outside the
building at grade and, at the main entrance, is not more than 21 inches above,
nor more than 12 inches below, street or grade level at those points.
(aa) "Substantial risk" means
that a resident's behavior poses a serious imminent threat of bodily harm to
himself or herself or others or the threat of the destruction of property, and
the resident is capable of carrying out such harm or destruction.
(bb) "Transportation
services" means vehicle travel by public or private carrier and related
cost to and from program resources in the community, including consultation,
medical, and other services.
(cc) "Valuables" means
personal property of a resident, which includes jewelry, furniture, electronic
equipment, appliances, and clothing items that have a value of more than
$25.00.
(2) Terms defined in the act have the
same meanings when used in these rules.
R 400.14103 Licenses; required
information; fee; effect of failure to cooperate with inspection or
investigation; posting of license; reporting of changes in information.
Rescinded.
Rule 103. (1) An applicant for an adult
foster care small group home license shall make available at the
facility, or arrange for the department's inspection and copying of all of
the following items:
(a) A current written admission policy
and program statement.
(b) Copies of all of the following:
(i) Personnel policies.
(ii) Job descriptions.
(iii) Standard or routine procedures.
(iv) Proposed staffing patterns.
(v) An organizational chart.
(c) A copy of any current agreement or
contract between the applicant or licensee, agency, person, or organization
that provides or proposes to provide funding, care, treatment, or
supplemental services as described in the homes's program statement.
(d) A current floor plan of each
level and basement of the entire structure, including the interior layout
of foster care areas and room descriptions and specifics as to use,
the number of beds, and the dimensions of floor space.
(e) A current financial statement and a
proposed biennial budget.
(f) Verification of the lease,
ownership, or right to occupy arrangements.
(g) Current articles of incorporation, a
letter of authorization from the board of directors that designates the
individual who is authorized to act on behalf of the corporation on licensing
matters, a current list of the corporate directors, if applicable,
and a certificate of incorporation.
(h) A current credit history for
noncorporate applicants.
(2) A license fee shall accompany an
original license application and a license renewal application. This fee is
nonrefundable.
(3) The failure of an applicant or
licensee to cooperate with the department in connection with an
inspection or investigation shall be grounds for denying, suspending,
revoking, or refusing to renew a license.
(4) The current license, whether regular,
provisional, or temporary, shall be posted in the home and shall be available
for public inspection.
(5) An applicant or licensee shall give
written notice to the department of any changes in information that was
previously submitted in or with an application for a license, including any
changes in the household and in personnel-related information, within 5
business days after the change occurs.
R 400.14104 Licensee and applicant
rights Rescinded.
Rule 104. (1) A licensee or an
applicant shall have the right to be treated with courtesy, dignity, and
fairness by the adult foster care licensing division staff of the
department and shall not be discriminated against on the basis of race,
religion, color, national origin, sex, age, handicap, height, weight, or
marital status.
(2) The department shall provide a
licensee or an applicant with written notice regarding appeal rights as
provided by Act No. 306 of the Public Acts of 1969, as amended, being S24.201
et seq. of the Michigan Compiled Laws, and the act when there is official
notification of the intent to take an adverse action against an applicant
or a licensee.
(3) A licensee or an applicant shall be
informed of, and shall have the right to bring to the attention of the
supervisor of the licensing representative, any alleged misapplication of
enforcement of regulations by a licensing representative or any substantial
differences of opinion as may occur between the licensee or the
applicant and any licensing representative concerning the proper
application of the act or these rules. A meeting with the supervisor shall
be afforded upon request. This subrule notwithstanding, the licensee or the
applicant may contact any other official of the department regarding
issues relating to the licensing activities of the department. Any contact
with the supervisor or any other departmental official shall not result in any
retaliation by the licensing representative.
(4) All written communications,
scheduled and unscheduled visits, routine licensing investigations, and
complaint investigations shall be conducted according to the provisions of
the act and these rules.
(5) A licensee or an applicant may request,
pursuant to the provisions of Act No. 442 of the Public Acts of 1976, as
amended, being S15.231 et seq. of the Michigan Compiled Laws, copies of
department policies or other documents that govern the licensing activities of
the department.
(6) A licensee or an applicant shall be
afforded the opportunity to have a conference with the licensing representative
before the conclusion of a routine licensing investigation or complaint
investigation and, as soon as practicable thereafter, shall receive a written
response that indicates the findings of the licensing representative or
any other licensing official.
(7) A licensee or an applicant shall
have the right to review a licensing study report in which refusal to
renew, revocation, or denial of license issuance is being recommended before
that report is finalized, except in situations where the department finds
cause to invoke a summary suspension action. The licensee or the applicant
shall have the right to submit a written response. The written response shall
be considered a part of the official record and shall be subject to disclosure
pursuant to the provisions of Act No. 442 of the Public Acts of 1976, as
amended, being S15.231 et seq. of the Michigan Compiled Laws.
(8) A licensee or an applicant shall
have the right to provide a written response to the findings of the
licensing representative or other department official if a licensing
investigation report or a complaint investigation report is issued. The
written response shall become a part of the department's official
licensing record and shall be public information according to the
provisions of Act No. 442 of the Public Acts of 1976, as amended, being
S15.231 et seq. of the Michigan Compiled Laws, and the act.
(9) A licensee or an applicant may
request, in writing, a declaratory ruling as to the applicability of a rule
as provided in section 63 of Act No. 306 of the Public Acts of 1969, as
amended, being S24.263 of the Michigan Compiled Laws.
(10) The department shall provide advice
and technical assistance to the licensee or the applicant to assist the
licensee in meeting the requirements of the act and these rules. The
department shall offer consultation upon request in developing methods for
the improvement of service.
(11) The department shall provide a
licensee or an applicant with a written copy of the rights outlined in
subrules (1) to (10) of this rule at the time of license application or
license renewal.
R 400.14105 Licensed capacity Rescinded.
Rule 105. (1) The number of residents
cared for in a home and the number of resident beds shall not be more than the
capacity that is authorized by the license.
(2) Any occupant of a home, other than
the licensee or persons who are related to the licensee, live-in staff or the
live-in staff's spouse and minor children, or a person related to a resident
who is not in need of foster care, shall be considered a resident and be
counted as a part of the licensed capacity.
(3) The total number of occupants shall
not be more than 6 over the licensed capacity.
(4) If a person who is related to a
resident lives in the home and subsequently requires foster care, the
licensee shall have not more than 30 calendar days to return to the licensed
capacity. Failure to do so may result in the department's refusal to renew a
license, revocation of the license, or the issuance of a provisional license.
R 400.14106 Rule variance. Rescinded.
Rule 106. (1) Upon the written request
of an applicant or licensee, the department may grant a variance from an
administrative rule if there is clear and convincing evidence that the
alternative to the rule complies with the intent of the administrative rule
from which the variance is sought.
(2) The decision of the department,
including the conditions under which the variance is granted, shall be
entered upon the records of the department, and a signed copy shall be
sent to the applicant or licensee. This variance may be time-limited or may
remain in effect for as long as the licensee continues to comply with the
intent of the rule.
(3) A variance that is granted pursuant
to this rule is not transferable from one applicant to another or from one
licensee to another.
R 400.14199 Rescission
Rescinded.
Rule 199. (1)
R 400.1601 to R 400.1613 of the Michigan Administrative Code, appearing on
pages 372 to 375 of the 1984 Annual Supplement to the 1979 Michigan
Administrative Code, are rescinded.
(2) R 400.2101,
R 400.2103, R 400.2104, R 400.2105, R 400.2106, R 400.2111, R 400.2112,
R 400.2113, R 400.2115, R 400.2116, R 400.2119, and R 400.2122 of the Michigan
Administrative Code, appearing on page 3062 of the 1979 Michigan Administrative
Code and pages 376 to 378 of the 1984 Annual Supplement to the Code, are
rescinded with respect to adult foster care small and large group homes.
(3) R 400.2301 to R 400.2324, R 400.2331
to R 400.2334, R 400.2348 to R 400.2357, and R 400.2371 to R 400.2375 of
the Michigan Administrative Code, appearing on pages 3076 to 3084 and
3087 to 3091 of the 1979 Michigan Administrative Code and page 380 of the
1984 Annual Supplement to the Code are rescinded
PART 2. PROGRAM
REQUIREMENTS
R 400.14201 Qualifications of
administrator, direct care staff, licensee, and members of household;
provision of names of employee, volunteer, or member of household on
parole or probation or convicted of felony; food service staff Rescinded.
Rule 201. (1) An administrator and
direct care staff shall be persons who are not residents.
(2) A licensee shall have the financial
and administrative capability to operate a home to provide the level of care
and program stipulated in the application.
(3) Before a temporary license is
issued, an applicant and an administrator shall be competent in all of the
following areas:
(a) Nutrition.
(b) First aid.
(c) Cardiopulmonary resuscitation.
(d) Foster care, as defined in the act.
(e) Safety and fire prevention.
(f) Financial and administrative
management.
(g) Knowledge of the needs of the
population to be served.
(h) Resident rights.
(i) Prevention and containment of
communicable diseases.
(4) An applicant and an administrator
shall be deemed competent to operate a home upon successfully completing 1
or more of the following:
(a) Training that is developed,
approved, or provided by the department.
(b) A competency review that is
developed by the department to be given to the applicant and administrator
during the licensing process by the licensing agent.
(c) A program of study at an accredited
college or university in areas relevant to the applicant's admission policy
and program statement.
(d) Experience that is related to the
direct care of residents in areas that are relevant to the populations which
are identified in the home's admission policy and program statement.
(5) An administrator who is
designated by the licensee after the promulgation of these rules shall
meet the requirements of subrule (4) of this rule.
(6) A licensee and the administrator
shall have a high school diploma or general education diploma or equivalent
and not less than 1 year of experience working with the population
identified in the home's program statement and admission policy.
(7) The provisions of subrule (6) of
this rule shall not apply to those adult foster care licensees or
administrators who are licensed, or applying to be licensed, before the
promulgation of these rules.
(8) The provisions of subrule (6) of
this rule shall not apply to an individual who is employed as an
administrator of a home that was licensed before the promulgation of these
rules.
(9) A licensee and the administrator
shall possess all of the following qualifications:
(a) Be suitable to meet the
physical, emotional, social, and intellectual needs of each resident.
(b) Be capable of appropriately handling
emergency situations.
(c) Be capable of assuring
program planning, development, and implementation of services to
residents consistent with the home's program statement and in accordance with
the resident's assessment plan and care agreement.
(10) All members of the household,
employees, and those volunteers who are under the direction of the licensee
shall be suitable to assure the welfare of residents.
(11) A licensee, direct care staff,
and an administrator shall be willing to cooperate fully with a
resident, the resident's family, a designated representative of the
resident and the responsible agency.
(12) A licensee, direct care staff,
administrator, or members of the household shall not be the legal guardian
or conservator of a resident who lives in the home, except if a person is a
relative of the resident or if the guardianship or conservatorship of the
licensee existed before April 1, 1989, as specified in section 454 of Act No.
642 of the Public Acts of 1978, as amended, being S700.454 of the Michigan
Compiled Laws.
(13) A licensee shall provide the
department with the name of any employee, volunteer who is under the
direction of the licensee, or member of the household who is on a
court-supervised probation or parole or who has been convicted of a felony.
(14) A home that is licensed for 7 or
more residents shall have a minimum of 1 individual who is qualified by
training, experience, and performance to be responsible for food
preparation. Additional food service staff shall be employed as necessary to
ensure regular and timely meals.
R 400.14202 Administrator;
qualifications. Rescinded.
Rule 202. (1) A home shall have an
administrator who shall not have less than 1 year of experience working with
persons who are mentally ill, developmentally disabled, physically
handicapped, or aged.
(2) A licensee who meets the
qualifications of an administrator may serve as an administrator.
R 400.14203 Licensee and
administrator training requirements Rescinded.
Rule 203. (1) A licensee and an
administrator shall complete the following educational requirements
specified in subdivision (a) or (b) of this subrule, or a combination thereof,
on an annual basis:
(a) Participate in, and successfully
complete, 16 hours of training designated or approved by the
department that is relevant to the licensee's admission policy and program
statement.
(b) Have completed 6 credit hours at an
accredited college or university in an area that is relevant to the licensee's
admission policy and program statement as approved by the department.
(2) The department may prescribe
additional training if substantial noncompliance with the act or these rules
is evident.
R 400.14204 Direct care staff;
qualifications and training. Rescinded.
Rule 204. (1) Direct care staff shall
not be less than 18 years of age and shall be able to complete required
reports and follow written and oral instructions that are related to the care
and supervision of residents.
(2) Direct care staff shall possess all
of the following qualifications:
(a) Be suitable to meet the
physical, emotional, intellectual, and social needs of each resident.
(b) Be capable of appropriately handling
emergency situations.
(3) A licensee or administrator shall
provide in-service training or make training available through other sources
to direct care staff. Direct care staff shall be competent before performing
assigned tasks, which shall include being competent in all of the following
areas:
(a) Reporting requirements.
(b) First aid.
(c) Cardiopulmonary resuscitation.
(d) Personal care, supervision, and
protection.
(e) Resident rights.
(f) Safety and fire prevention.
(g) Prevention and containment of
communicable diseases.
R 400.14205 Health of a licensee,
direct care staff, administrator, other employees, those volunteers under
the direction of the licensee, and members of the household Rescinded.
Rule 205. (1) A licensee, direct
care staff, administrator, other employees, those volunteers under the
direction of the licensee, and members of the household shall be in such
physical and mental health so as not to negatively affect either the health of
the resident or the quality of his or her care.
(2) A licensee shall have, on file with
the department, a statement that is signed by a licensed physician or his or
her designee attesting to the physician's knowledge of the physical health
of the licensee and administrator. The statement shall be signed within 6
months before the issuance of a temporary license and at any other time
requested by the department.
(3) A licensee shall maintain, in the
home, and make available for department review, a statement that is signed
by a licensed physician or his or her designee attesting to the physician's
knowledge of the physical health of direct care staff, other employees,
and members of the household. The statement shall be obtained within
30 days of an individual's employment, assumption of duties, or occupancy
in the home.
(4) A licensee shall provide the
department with written evidence that he or she and the administrator
have been tested for communicable tuberculosis and that if the disease is
present, appropriate precautions shall be taken. The results of subsequent
testing shall be verified every 3 years thereafter.
(5) A licensee shall obtain written
evidence, which shall be available for department review, that each direct
care staff, other employees, and members of the household have been tested
for communicable tuberculosis and that if the disease is present, appropriate
precautions shall be taken as required by state law. Current testing shall
be obtained before an individual's employment, assumption of duties, or
occupancy in the home. The results of subsequent testing shall be
verified every 3 years thereafter or more frequently if necessary.
(6) A licensee shall annually review the health status of the administrator,
direct care staff, other employees, and members of the household.
Verification of annual reviews shall be maintained by the home and shall be
available for department review.
(7) A licensee shall obtain certification from a volunteer that the volunteer
is free from communicable disease and that the volunteers physical and
mental health will not negatively affect either the health of the resident or
the quality of the resident's care.
R 400.14206 Staffing requirements.
Rescinded.
Rule 206. (1) The ratio of direct care
staff to residents shall be adequate as determined by the
department, to carry out the responsibilities defined in the act and in
these rules and shall not be less than 1 direct care staff to 12 residents
and children who are under the age of 12 years.
(2) A licensee shall have sufficient
direct care staff on duty at all times for the supervision, personal care,
and protection of residents and to provide the services specified in
the resident's resident care agreement and assessment plan.
(3) Any individual, including a
volunteer, shall not be considered in determining the ratio of direct
care staff to residents unless the individual meets the qualifications of
a direct care staff member.
(4) Direct care staff need not be in the
home during the day if all of the residents of the home are at out-of-home
supervised activities and the home has provided the means by which a
direct care staff member or administrator can be contacted in an emergency
situation.
(5) A licensee or administrator shall
designate, in writing, a person who shall be on-site or immediately
available and who shall have the authority to carry out the licensee's or
administrator's responsibilities in the absence of the licensee or
administrator and shall ensure that the identity of the designated person is
made known to all staff.
R 400.14207 Required personnel
policies Rescinded.
Rule 207. (1) A licensee shall have
written policies and procedures that include all of the following:
(a) Mandatory reporting, including
reporting that is required by law.
(b) Resident care related prohibited
practices.
(c) Confidentiality requirements,
including requirements specified in law.
(d) Training requirements.
(e) Resident rights.
(f) The process for reviewing the
licensing statute and administrative rules.
(2) The written policies and procedures
identified in subrule (1) of this rule shall be given to employees and
volunteers at the time of appointment. A verification of receipt of the
policies and procedures shall be maintained in the personnel records.
(3) A licensee shall have a written job
description for each position. The job description shall define the tasks,
duties, and responsibilities of the position. Each employee and volunteer who
is under the direction of the licensee shall receive a copy of his or
her job description. Verification of receipt of a job description shall be
maintained in the individual's personnel record.
(4) Work assignments shall be consistent
with job descriptions and the level of training, experience, and education of
the employee or volunteer.
R 400.14208 Direct care staff and
employee records. Rescinded.
Rule 208. (1) A licensee shall maintain
a record for each employee. The record shall contain all of the following
employee information:
(a) Name, address, telephone number, and
social security number.
(b) The professional or
vocational license, certification, or registration number, if applicable.
(c) A copy of the employee's driver
license if a direct care staff member or employee provides transportation
to residents.
(d) Verification of the age requirement.
(e) Verification of experience,
education, and training.
(f) Verification of reference checks.
(g) Beginning and ending dates of
employment.
(h) Medical information, as required.
(i) Required verification of the receipt
of personnel policies and job descriptions.
(2) The records identified in
subrule (1) of this rule shall be maintained for not less than 3 years
after the direct care staff member's or employee's ending date of employment.
(3) A licensee shall maintain a
daily schedule of advance work assignments, which shall be kept for 90
days. The schedule shall include all of the following information:
(a) Names of all staff on duty and those
volunteers who are under the direction of the licensee.
(b) Job titles.
(c) Hours or shifts worked.
(d) Date of schedule.
(e) Any scheduling changes.
R 400.14209 Home records generally
Rescinded.
Rule 209. (1) A licensee shall keep,
maintain, and make available for department review, all the following home
records:
(a) Admission policy.
(b) Program statement.
(c) Discharge policy.
(d) Resident records.
(e) A resident register.
(f) Resident care contracts, if
applicable.
(g) Accident records and incident
reports.
(h) Personnel records, as required in R
400.14208.
(i) Personnel policies and procedures as
required in R 400.14207.
(j) Program certifications, if
applicable.
(k) Fire drill records.
(l) Emergency preparedness plans.
(m) Reports of fire or severe property
damage.
(n) Records of variances granted, if
applicable.
(o) Heating equipment inspection and
approval records, if applicable.
(p) Fire detection and sprinkler
equipment inspection and approval records, if applicable.
(q) Electrical inspection records, if
applicable.
(r) Fire safety reports from the
department or the state fire marshal, as required by law.
(s) Environmental inspection reports, as
required by law.
(t) Menus.
(2) A licensee shall keep a record of
the arrangements for services for the emergency repair of heating,
cooling, plumbing, and electrical equipment. The record shall include a list
of persons to contact and shall be available for reference in the home.
R 400.14210 Resident register Rescinded.
Rule 210. A licensee shall maintain
a chronological register of residents who are admitted to the home. The
register shall include all of the following information for each resident:
(a) Date of admission.
(b) Date of discharge.
(c) Place and address to which the
resident moved, if known.
PART 3. RESIDENT
CARE, SERVICES, AND RECORDS
R 400.14301 Resident admission
criteria; resident assessment plan; emergency admission; resident care
agreement; physician's instructions; health care appraisal. Rescinded.
Rule 301. (1) A licensee shall not
accept, retain, or care for a resident who requires continuous nursing
care. This does not preclude the accommodation of a resident who becomes
temporarily ill while in the home, but who does not require continuous nursing
care.
(2) A licensee shall not accept or
retain a resident for care unless and until the licensee has completed a
written assessment of the resident and determined that the resident is
suitable pursuant to all of the following provisions:
(a) The amount of personal care,
supervision, and protection that is required by the resident is available
in the home.
(b) The kinds of services, skills, and
physical accommodations that are required of the home to meet the resident's
needs are available in the home.
(c) The resident appears to be
compatible with other residents and members of the household.
(3) A group home shall not accept or
retain a person who requires isolation or restraint as specified in R
400.14308.
(4) At the time of admission, and
at least annually, a written assessment plan shall be completed with the
resident or the resident's designated representative, the responsible
agency, if applicable, and the licensee. A licensee shall maintain a copy
of the resident's written assessment plan on file in the home.
(5) If a resident is referred for
emergency admission and the licensee agrees to accept the resident, a
written assessment plan shall be completed within 15 calendar days after
the emergency admission. The written assessment shall be completed in
accordance with the provisions specified in subrules (2) and (4) of this
rule.
(6) At the time of a resident's
admission, a licensee shall complete a written resident care agreement. A resident
care agreement is the document which is established between the resident or
the resident's designated representative, the responsible agency, if
applicable, and the licensee and which specifies the responsibilities of
each party. A resident care agreement shall include all of the following:
(a) An agreement to provide care,
supervision, and protection, and to assure transportation services to
the resident as indicated in the resident's written assessment plan and
health care appraisal.
(b) A description of services to be
provided and the fee for the service.
(c) A description of additional costs in
addition to the basic fee that is charged.
(d) A description of the transportation
services that are provided for the basic fee that is charged and the
transportation services that are provided at an extra cost.
(e) An agreement by the resident
or the resident's designated representative or responsible agency to
provide necessary intake information to the licensee, including
health-related information at the time of admission.
(f) An agreement by the resident
or the resident's designated representative to provide a current health
care appraisal as required by subrule (10) of this rule.
(g) An agreement by the resident to
follow the house rules that are provided to him or her.
(h) An agreement by the licensee to
respect and safeguard the resident's rights and to provide a written copy of
these rights to the resident.
(i) An agreement between the licensee
and the resident or the resident's designated representative to follow the
home's discharge policy and procedures.
(j) A statement of the home's refund
policy. The home's refund policy shall meet the requirements of R 400.14315.
(k) A description of how a resident's
funds and valuables will be handled and how the incidental needs of the
resident will be met.
(l) A statement by the licensee that
the home is licensed by the department to provide foster care to adults.
(7) A department resident care agreement
form shall be used unless prior authorization for a substitute form has been
granted, in writing, by the department. A resident shall be provided the care
and services as stated in the written resident care agreement.
(8) A copy of the signed resident
care agreement shall be provided to the resident or the resident's
designated representative. A copy of the resident care agreement shall be
maintained in the resident's record.
(9) A licensee shall review the written
resident care agreement with the resident or the resident's designated
representative and responsible agency, if applicable, at least annually or
more often if necessary.
(10) At the time of the resident's
admission to the home, a licensee shall require that the resident
or the resident's designated representative provide a written health care
appraisal that is completed within the 90-day period before the resident's
admission to the home. A written health care appraisal shall be completed at
least annually. If a written health care appraisal is not available at the
time of an emergency admission, a licensee shall require that the appraisal
be obtained not later than 30 days after admission. A department health
care appraisal form shall be used unless prior authorization for a substitute
form has been granted, in writing, by the department.
(11) A licensee shall contact a
resident's physician for instructions as to the care of the resident if the
resident requires the care of a physician while living in the home. A
licensee shall record, in the resident's record, any instructions for the
care of the resident.
R 400.14302 Resident admission and
discharge policy; house rules; emergency discharge; change of residency;
restricting resident's ability to make living arrangements prohibited;
provision of resident records at time of discharge Rescinded.
Rule 302. (1) A home shall have a
written admission and discharge policy. The policy shall be made available
to a resident and his or her designated representative.
(2) A licensee may establish house
rules. House rules, if established, shall be provided, in writing, to
the resident or the resident's designated representative and responsible
agency upon admission to the home or, if established after a
resident's admission to the home, immediately thereafter. House rules shall
not conflict with these rules.
(3) A licensee shall provide a
resident and his or her designated representative with a 30-day written
notice before discharge from the home. The written notice shall state the
reasons for discharge. A copy of the written notice shall be sent to
the resident's designated representative and responsible agency. The
provisions of this subrule do not preclude a licensee from providing other
legal notice as required by law.
(4) A licensee may discharge a resident
before the 30-day notice when the licensee has determined and documented
that any of the following exists:
(a) Substantial risk to the resident due
to the inability of the home to meet the resident's needs or assure the safety
and well-being of other residents of the home.
(b) Substantial risk, or an occurrence,
of self-destructive behavior.
(c) Substantial risk, or an occurrence,
of serious physical assault.
(d) Substantial risk, or an occurrence,
of the destruction of property.
(5) A licensee who proposes to
discharge a resident for any of the reasons listed in subrule (4) of this
rule shall take the following steps before discharging the resident:
(a) The licensee shall notify the
resident, the resident's designated representative, the responsible
agency, and the adult foster care licensing consultant not less than 24 hours before
discharge. The notice shall be in writing and shall include all of the
following information:
(i) The reason for the proposed
discharge, including the specific nature of the substantial risk.
(ii) The alternatives to discharge
that have been attempted by the licensee.
(iii) The location to which the resident
will be discharged, if known.
(b) The licensee shall confer with the
responsible agency or, if the resident does not have a responsible
agency, with adult protective services and the local community mental health
emergency response service regarding the proposed discharge. If the
responsible agency or, if the resident does not have a responsible
agency, adult protective services does not agree with the licensee that
emergency discharge is justified, the resident shall not be discharged from
the home. If the responsible agency or, if the resident does not have a
responsible agency, adult protective services agrees that the emergency
discharge is justified, then all of the following provisions shall apply:
(i) The resident shall not be discharged
until an appropriate setting that meets the resident's immediate needs is
located.
(ii) The resident shall have the right
to file a complaint with the department.
(iii) If the department finds that
the resident was improperly discharged, the resident shall have the right
to elect to return to the first available bed in the licensee's adult foster
care home.
(6) A licensee shall not change the
residency of a resident from one home to another without the written
approval of the resident or the resident's designated representative and
responsible agency.
(7) A licensee shall not restrict the
resident's ability to make his or her own living arrangements.
(8) At the time of discharge, a
licensee shall provide copies of resident records to the resident and his
or her designated representative when requested, and as determined
appropriate, by the resident or his or her designated representative. A
fee that is charged for copies of resident records shall not be more than
the cost to the licensee of making the copies available.
R 400.14303 Resident care; licensee
responsibilities. Rescinded.
Rule 303. (1) Care and services that
are provided to a resident by the home shall be designed to maintain and
improve a resident's physical and intellectual functioning and independence.
A licensee shall ensure that all interactions with residents promote
and encourage cooperation, self-esteem, self-direction, independence, and
normalization.
(2) A licensee shall provide supervision,
protection, and personal care as defined in the act and as specified
in the resident's written assessment plan.
(3) A licensee shall assure the
availability of transportation services as provided for in the resident care
agreement.
(4) A licensee shall provide all of the
following:
(a) An opportunity for the resident to
develop positive social skills.
(b) An opportunity for the resident to
have contact with relatives and friends.
(c) An opportunity for community-based
recreational activities.
(d) An opportunity for privacy and
leisure time.
(e) An opportunity for religious
education and attendance at religious services of the resident's choice.
(5) A licensee shall provide both of the
following when specified in the resident's written assessment plan:
(a) Direction and opportunity for the
growth and development of a resident as achieved through activities that
foster independent and age appropriate functioning, such as dressing,
grooming, manners, shopping, cooking, money management, and the use of public
transportation.
(b) An opportunity for involvement in
educational, employment, and day programs.
R 400.14304 Resident rights; licensee
responsibilities Rescinded.
Rule 304. (1) Upon a resident's
admission to the home, a licensee shall inform a resident or the resident's
designated representative of, explain to the resident or the resident's
designated representative, and provide to the resident or the resident's
designated representative, a copy of all of the following resident rights:
(a) The right to be free from
discrimination on the basis of race, religion, color, national origin,
sex, age, handicap, marital status, or source of payment in the provision of
services and care.
(b) The right to exercise his or her
constitutional rights, including the right to vote, the right to practice
religion of his or her choice, the right to freedom of movement, and the
right of freedom of association.
(c) The right to refuse participation in
religious practices.
(d) The right to write, send, and
receive uncensured and unopened mail at his or her own expense.
(e) The right of reasonable access
to a telephone for private communications. Similar access shall be granted
for long distance collect calls and calls which otherwise are paid for by the
resident. A licensee may charge a resident for long distance and toll
telephone calls. When pay telephones are provided in group homes, a
reasonable amount of change shall be available in the group home to enable
residents to make change for calling purposes.
(f) The right to voice grievances and present
recommendations pertaining to the policies, services, and house rules of the
home without fear of retaliation.
(g) The right to associate and
have private communications and consultations with his or her physician,
attorney, or any other person of his or her choice.
(h) The right to participate in the
activities of social, religious, and community groups at his or her own
discretion.
(i) The right to use the services of
advocacy agencies and to attend other community services of his or her
choice.
(j) The right of reasonable access to
and use of his or her personal clothing and belongings.
(k) The right to have contact with
relatives and friends and receive visitors in the home at a reasonable
time. Exceptions shall be covered in the resident's assessment plan. Special
consideration shall be given to visitors coming from out of town or whose
hours of employment warrant deviation from usual visiting hours.
(l) The right to employ the services
of a physician, psychiatrist, or dentist of his or her choice for obtaining
medical, psychiatric, or dental services.
(m) The right to refuse treatment and
services, including the taking of medication, and to be made aware of the
consequences of that refusal.
(n) The right to request and receive
assistance from the responsible agency in relocating to another living
situation.
(o) The right to be treated with
consideration and respect, with due recognition of personal dignity,
individuality, and the need for privacy.
(p) The right of access to his or her
room at his or her own discretion.
(q) The right to confidentiality of
records as stated in section 12(3) of the act.
(2) A licensee shall respect and
safeguard the resident's rights specified in subrule (1) of this rule.
R 400.14305 Resident protection. Rescinded.
Rule 305. (1) A resident shall be
assured privacy and protection from moral, social, and financial
exploitation.
(2) All work that is performed by a
resident shall be in accordance with the written assessment plan.
(3) A resident shall be treated with
dignity and his or her personal needs, including protection and safety,
shall be attended to at all times in accordance with the provisions of the
act.
R 400.14306 Use of assistive devices.
Rescinded.
Rule 306. (1) An assistive device shall
only be used to promote the enhanced mobility, physical comfort, and
well-being of a resident.
(2) An assistive device shall be
specified in a resident's written assessment plan and agreed upon by
the resident or the resident's designated representative and the licensee.
(3) Therapeutic supports shall be
authorized, in writing, by a licensed physician. The authorization shall state
the reason for the therapeutic support and the term of the authorization.
R 400.14307 Resident behavior
interventions generally Rescinded.
Rule 307. (1) A licensee shall
ensure that methods of behavior intervention are positive and relevant to
the needs of the resident.
(2) Interventions to address
unacceptable behavior shall be specified in the written assessment plan and
employed in accordance with that plan. Interventions to address
unacceptable behavior shall also ensure that the safety, welfare, and rights
of the resident are adequately protected. If a specialized intervention is
needed to address the unique programmatic needs of a resident, the
specialized intervention shall be developed in consultation with, or
obtained from, professionals who are licensed or certified in that scope of
practice.
(3) A licensee and direct care
staff who are responsible for implementing the resident's
written assessment plan shall be trained in the applicable behavior
intervention techniques.
(4) Intervention techniques shall not be used for the purpose of punishment,
discipline, or for the convenience of staff.
R 400.14308 Resident behavior
interventions prohibitions. Rescinded.
Rule 308. (1) A licensee shall not
mistreat a resident and shall not permit the administrator, direct care
staff, employees, volunteers who are under the direction of the licensee,
visitors, or other occupants of the home to mistreat a resident. Mistreatment
includes any intentional action or omission which exposes a resident to a
serious risk or physical or emotional harm or the deliberate infliction of
pain by any means.
(2) A licensee, direct care staff, the
administrator, members of the household, volunteers who are under the
direction of the licensee, employees, or any person who lives in the home
shall not do any of the following:
(a) Use any form of punishment.
(b) Use any form of physical force
other than physical restraint as defined in these rules.
(c) Restrain a resident's movement by
binding or tying or through the use of medication, paraphernalia,
contraptions, material, or equipment for the purpose of immobilizing a
resident.
(d) Confine a resident in an area, such
as a room, where egress is prevented, in a closet, or in a bed, box, or
chair or restrict a resident in a similar manner.
(e) Withhold food, water, clothing,
rest, or toilet use.
(f) Subject a resident to any of the
following:
(i) Mental or emotional cruelty.
(ii) Verbal abuse.
(iii) Derogatory remarks about the
resident or members of his or her family.
(iv) Threats.
(g) Refuse the resident entrance to the
home.
(h) Isolation of a resident as defined
in R 400.14102(1)(m).
(i) Any electrical shock device.
R 400.14309 Crisis intervention Rescinded.
Rule 309. (1) Crisis intervention
procedures may be utilized only when a person has not previously exhibited the
behavior creating the crisis or there has been insufficient time to
develop a specialized intervention plan to reduce the behavior causing the
crisis. If the resident requires the repeated or prolonged use of crisis
intervention procedures, the licensee shall contact the resident's
designated representative and the responsible agency or, in the
absence of a responsible agency, a professional who is licensed or
certified in the appropriate scope of practice to initiate a review
process to evaluate positive alternatives or the need for a specialized
intervention plan.
(2) Crisis intervention may be used only
for the following reasons:
(a) To provide for self-defense or the
defense of others.
(b) To prevent a resident from harming
himself or herself.
(c) To quell a disturbance that
threatens physical injury to any person.
(d) To obtain possession of a weapon or
other dangerous object that is in the possession or control of the resident.
(e) To prevent serious property
destruction.
(3) Crisis intervention shall be used
to the minimum extent and the minimum duration necessary and shall be used
only after less restrictive means of protection have failed.
(4) Crisis intervention shall be
employed to allow the resident the greatest possible comfort and to
avoid physical injury and mental distress.
(5) Crisis intervention shall not be
used as a routine intervention.
(6) All uses of crisis intervention
shall be noted in the resident's record. This notation shall include all of
the following information:
(a) The nature of the crisis
intervention used and the duration of use.
(b) The reasons for the use of the
crisis intervention.
(c) The types of less restrictive
alternatives that were tried, the duration, the number of trials, and the
results obtained.
(d) The name of the person who
authorized the crisis intervention.
(e) The times and dates that the crisis
intervention was used and who implemented the crisis intervention.
(7) A licensee shall make available
reports of all uses of crisis intervention when requested by the
resident or his or her designated representative, the responsible agency,
or the department.
(8) A licensee or a direct care staff
member shall not use crisis intervention until he or she has
successfully completed crisis intervention training that has been approved
by the department.
R 400.14310 Resident health care.
Rescinded.
Rule 310. (1) A licensee, with a
resident's cooperation, shall follow the instructions and recommendations of
a resident's physician or other health care professional with regard to
such items as any of the following:
(a) Medications.
(b) Special diets.
(c) Susceptibility to hyperthermia
and hypothermia and related limitations for physical activity, as
appropriate.
(d) Other resident health care needs
that can be provided in the home. The refusal to follow the instructions
and recommendations shall be recorded in the resident's record.
(2) A licensee shall maintain a copy of
the annual health care appraisal on file for not less than 2 years.
(3) A licensee shall record the weight
of a resident upon admission and monthly thereafter. Weight records shall be
kept on file for 2 years.
(4) In case of an accident or sudden
adverse change in a resident's physical condition or adjustment, a group
home shall obtain needed care immediately.
R 400.14311 Incident notification,
incident records. Rescinded.
Rule 311. (1) If a resident has
a representative identified in writing on the resident’s care agreement, a
licensee shall report to the resident's representative within 48 hours after
any of the following:
(a) Unexpected or unnatural death of a
resident.
(b) Unexpected and preventable
inpatient hospital admission.
(c) Physical hostility or
self-inflicted harm or harm to others resulting in injury that requires outside
medical attention or law enforcement involvement.
(d) Natural disaster or fire that
results in evacuation of residents or discontinuation of services greater than
24 hours.
(e) Elopement from the home if the
resident’s whereabouts is unknown.
(2) If an elopement occurs, staff shall
conduct an immediate search to locate the resident. If the resident is not
located within 30 minutes after the elopement occurred, staff shall contact law
enforcement.
(3) An incident must be recorded on a
department-approved form and kept in the home for a period of not less than 2
years.
(4) The department may review incident
reports during a renewal inspection or special investigation. This does not
prohibit the department from requesting an incident report if determined
necessary by the department. If the department does request an incident report,
the licensee shall provide the report in electronic form within 24 hours after
the request. The department shall maintain and protect these documents in
accordance with state and federal laws, including privacy laws.
R 400.14312 Resident medications.
Rescinded.
Rule 312. (1) Prescription
medication, including dietary supplements, or individual special medical
procedures shall be given, taken, or applied only as prescribed by a
licensed physician or dentist. Prescription medication shall be kept in
the original pharmacy-supplied container, which shall be labeled for the
specified resident in accordance with the requirements of Act No. 368 of the
Public Acts of 1978, as amended, being S333.1101 et seq. of the Michigan
Compiled Laws, kept with the equipment to administer it in a locked
cabinet or drawer, and refrigerated if required.
(2) Medication shall be given, taken,
or applied pursuant to label instructions.
(3) Unless a resident's physician specifically
states otherwise in writing, the giving, taking, or applying of prescription
medications shall be supervised by the licensee, administrator, or direct care
staff.
(4) When a licensee, administrator,
or direct care staff member supervises the taking of medication by a
resident, he or she shall comply with all of the following provisions:
(a) Be trained in the proper handling
and administration of medication.
(b) Complete an individual medication
log that contains all of the following information:
(i) The medication.
(ii) The dosage.
(iii) Label instructions for use.
(iv) Time to be administered.
(v) The initials of the person who
administers the medication, which shall be entered at the time the medication
is given.
(vi) A resident's refusal to accept
prescribed medication or procedures.
(c) Record the reason for each
administration of medication that is prescribed on an as needed basis.
(d) Initiate a review process to
evaluate a resident's condition if a resident requires the repeated and
prolonged use of a medication that is prescribed on an as needed basis. The
review process shall include the resident's prescribing physician, the
resident or his or her designated representative, and the responsible
agency.
(e) Not adjust or modify a resident's
prescription medication without instructions from a physician or a pharmacist
who has knowledge of the medical needs of the resident. A licensee shall
record, in writing, any instructions regarding a resident's prescription
medication.
(f) Contact the appropriate health care
professional if a medication error occurs or when a resident refuses
prescribed medication or procedures and follow and record the instructions
given.
(5) When a resident requires
medication while out of the home, a licensee shall assure that the
resident or, in the alternative, the person who assumes responsibility for the
resident has all of the appropriate information, medication, and
instructions.
(6) A licensee shall take
reasonable precautions to insure that prescription medication is not used
by a person other than the resident for whom the medication was prescribed.
(7) Prescription medication that is no
longer required by a resident shall be properly disposed of after
consultation with a physician or a pharmacist.
R 400.14313 Resident nutrition. Rescinded.
Rule 313. (1) A licensee shall
provide a minimum of 3 regular, nutritious meals daily. Meals shall be of
proper form, consistency, and temperature. Not more than 14 hours shall
elapse between the evening and morning meal.
(2) Meals shall meet the nutritional
allowances recommended pursuant to the provisions of "Appendix I:
Recommended Dietary Allowances, Revised 1980" contained in the
publication entitled "Basic Nutrition Facts: A Nutrition
Reference," Michigan Department of Public Health publication no. H-808,
1/89. This publication may be obtained at cost from The Division of Research
and Development, Michigan Department of Public Health, P.O. Box 30195,
Lansing, Michigan 48909.
(3) Special diets shall be prescribed
only by a physician. A resident who has been prescribed a special diet shall
be provided such a diet.
(4) Menus of regular diets shall be
written at least 1 week in advance and posted. Any change or substitution
shall be noted and considered as part of the original menu.
(5) Records of menus, including
special diets, as served shall be provided upon request by the department.
(6) Records of menus, including special
diets, shall be kept by the licensee for 1 calendar year.
R 400.14314 Resident hygiene. Rescinded.
Rule 314. (1) A licensee shall afford a
resident the opportunity, and instructions when necessary, for daily
bathing and oral and personal hygiene. A licensee shall ensure that a
resident bathes at least weekly and more often if necessary.
(2) A licensee shall afford a resident
facilities, and instructions when necessary, for daily shaving.
(3) A licensee shall afford a resident
opportunities, and instructions when necessary, to obtain haircuts,
hair sets, or other grooming processes.
(4) A licensee shall afford a resident
opportunities, and instruction when necessary, to dress as fashion, fit,
cleanliness, and season warrant.
(5) A licensee shall afford a
resident with opportunities, and instructions when necessary, to routinely
launder clothing. Clean clothing shall be available at all times.
(6) A licensee shall afford a
resident the opportunity to receive assistance in bathing, dressing, or
personal hygiene from a member of the same sex, unless otherwise stated in
the home's admission policy or written resident care agreement.
R 400.14315 Handling of resident
funds and valuables. Rescinded.
Rule 315. (1) Upon a request
from a resident or the resident's designated representative, a licensee
may accept a resident's funds and valuables to be held in trust with the
licensee.
(2) The care of any resident funds and
valuables that have been accepted by a licensee for safekeeping shall be
treated by the licensee as a trust obligation.
(3) A licensee shall have a resident's
funds and valuables transaction form completed and on file for each resident.
A department form shall be used unless prior authorization for a substitute
form has been granted, in writing, by the department.
(4) A listing of all valuables that are
accepted by the licensee for safekeeping shall be maintained. The listing
of valuables shall include a written description of the items, the date
received by the licensee, and the date returned to the resident or his or her
designated representative. The listing of valuables shall be signed at the
time of receipt by the licensee and the resident or his or her designated
representative. Upon return of the valuables to the resident or his
or her designated representative, the listing shall be signed by the resident
or his or her designated representative and the licensee.
(5) All resident funds, which includes
bank accounts, shall be kept separate and apart from all funds and monies
of the licensee. Interest and dividends earned on resident funds shall be
credited to the resident. Payments for care for the current month may be
used by the licensee for operating expenses.
(6) Except for bank accounts, a licensee
shall not accept resident funds of more than $200.00 for any resident of the
home after receiving payment of charges owed.
(7) A resident shall have access to
and use of personal funds that belong to him or her in reasonable amounts,
including immediate access to not less than $20.00 of his or her personal
funds. A resident shall receive up to his or her full amount of
personal funds at a time designated by the resident, but not more than 5
days after the request for the funds. Exceptions to this requirement
shall be subject to the provisions of the resident's assessment plan and
the plan of services.
(8) All resident fund transactions
shall require the signature of the resident or the resident's designated
representative and the licensee or prior written approval from the resident
or the resident's designated representative.
(9) A resident's account shall be
individual to the resident. A licensee shall be prohibited from having any
ownership interest in a resident's account and shall verify such in a
written statement to the resident or the resident's designated
representative.
(10) A licensee, administrator, direct
care staff, other employees, volunteers under the direction of the
licensee, and members of their families shall not accept, take, or borrow
money or valuables from a resident, even with the consent of the resident.
(11) A licensee shall obtain prior
written approval from a resident and his or her designated representative
before charges are made to a resident's account.
(12) Charges against the resident's
account shall not exceed the agreed price for the services rendered and goods
furnished or made available by the home to the resident.
(13) A licensee shall provide a complete
accounting, on an annual basis and upon request, of all resident funds and
valuables which are held in trust and in bank accounts or which are paid to
the home, to the resident, or to his or her designated representative. The
accounting of a resident's funds and valuables which are held in trust or which
are paid to the home shall also be provided, upon the resident's or designated
representative's request, not more than 5 banking days after the request and at
the time of the resident's discharge from the home.
(14) A licensee shall have a written
refund agreement with the resident or his or her designated representative.
The agreement shall state under what conditions a refund of the unused
portion of the monthly charge that is paid to the home shall be returned to
the resident or his or her designated representative. The refund agreement
shall provide for, at a minimum, refunds under any of the following
conditions:
(a) When an emergency discharge from the
home occurs as described in R 400.14302.
(b) When a resident has been determined
to be at risk pursuant to the provisions of sections 11 and 11a to 11f of
Act No. 280 of the Public Acts of 1939, as amended, being SS400.11 and 400.11a
to 400.11f of the Michigan Compiled Laws.
(c) When a resident has been determined
to be at risk due to substantial noncompliance with these licensing rules which
results in the department taking action to issue a provisional license or
to revoke or summarily suspend, or refuse to renew, a license and the
resident relocates. The amount of the monthly charge that is returned to
the resident shall be based upon the written refund agreement and shall be
prorated based on the number of days that the resident lived in the home during
that month.
(15) Personal property and belongings
that are left at the home after the death of a resident shall be inventoried
and stored by the licensee. A licensee shall notify the resident's
designated representative, by registered mail, of the existence of the
property and belongings and request disposition. Personal property and
belongings that remain unclaimed, or for which arrangements have not been made,
may be disposed of by the licensee after 30 days from the date that written
notification is sent to the designated representative.
(16) Personal property and belongings
that are left at the home after discharge shall be inventoried and stored by
the licensee. The resident and designated representative shall be
notified by the licensee, by registered mail, of the existence of
property and belongings. Personal property and belongings that remain
unclaimed, or for which arrangements have not been made, may be disposed of
by the licensee after 30 days from the date that written notification is
sent to the resident and the designated representative.
R 400.14316 Resident records Rescinded.
Rule 316. (1) A licensee shall complete,
and maintain in the home, a separate record for each resident and shall
provide record information as required by the department. A resident record
shall include, at a minimum, all of the following information:
(a) Identifying information,
including, at a minimum, all of the following:
(i) Name.
(ii) Social security number, date of
birth, case number, and marital status.
(iii) Former address.
(iv) Name, address, and telephone number
of the next of kin or the designated representative.
(v) Name, address, and telephone
number of the person and agency responsible for the resident's placement
in the home.
(vi) Name, address, and telephone number
of the preferred physician and hospital.
(vii) Medical insurance.
(viii) Funeral provisions and
preferences.
(ix) Resident's religious preference
information.
(b) Date of admission.
(c) Date of discharge and the
place to which the resident was discharged.
(d) Health care information, including
all of the following:
(i) Health care appraisals.
(ii) Medication logs.
(iii) Statements and instructions for
supervising prescribed medication, including dietary supplements and individual
special medical procedures.
(iv) A record of physician contacts.
(v) Instructions for emergency care and
advanced medical directives.
(e) Resident care agreement.
(f) Assessment plan.
(g) Weight record.
(h) Incident reports and accident
records.
(i) Resident funds and valuables record
and resident refund agreement.
(j) Resident grievances and complaints.
(2) Resident records shall be kept on
file in the home for 2 years after the date of a resident's discharge from a
home.
R 400.14317 Resident recreation. Rescinded.
Rule 317. (1) A licensee shall make
reasonable provision for a varied supply of leisure and recreational
equipment and activities that are appropriate to the number, care, needs,
age, and interests of the residents.
(2) Leisure and recreational equipment
shall be safe, clean, in good repair, and easily accessible.
(3) Equipment and materials shall
encourage and reinforce all of the following:
(a) Social interaction.
(b) Further growth through firsthand
experiences.
(c) Social graces.
(d) Productive utilization of leisure
time.
R 400.14318 Emergency preparedness;
evacuation plan; emergency transportation. Rescinded.
Rule 318. (1) A licensee shall have a
written emergency procedure and evacuation plan to be followed in case of
fire, medical, or severe weather emergencies. The evacuation plan shall be
prominently posted in the home. Residents who require special assistance
shall be identified in the written procedure.
(2) An evacuation plan shall, at a
minimum, include a floor plan that specifies the locations of evacuation
routes and the exiting route to be followed in case of fire.
(3) A telephone shall be available and
accessible in a home. Emergency telephone numbers shall, at a minimum,
include fire, police, and medical emergency services and shall be
conspicuously posted immediately adjacent to telephones.
(4) A licensee shall ensure that
residents, all employees, volunteers under the direction of the licensee,
and members of the household are familiar with emergency and evacuation
procedures.
(5) A licensee shall practice emergency
and evacuation procedures during daytime, evening, and sleeping hours at least
once per quarter. A record of the practices shall be maintained and be
available for department review.
(6) A licensee shall assure emergency
transportation through the use of a recognized available community service or
vehicle that is owned by the licensee, administrator, or direct care staff on
duty.
R 400.14319 Resident transportation
Rescinded.
Rule 319. When a home provides
transportation for a resident, the licensee shall assure all of the
following:
(a) That a vehicle is in good operating
condition.
(b) That a vehicle carries a basic first
aid kit.
(c) That residents who are transported
by truck ride only in the cab.
(d) That a vehicle operator has a valid
driver's license. A licensee who uses a motor vehicle with a manufacturer's
rated seating capacity of 16 or more persons shall comply with the provisions
of section 715a of Act No. 300 of the Public Acts of 1949, as amended,
being S257.715a of the Michigan Compiled Laws.
PART 4.
ENVIRONMENTAL CONDITIONS
R 400.14401 Environmental health.
Rescinded.
Rule 401. (1) Private water systems
shall be in compliance with R 325.10101 et seq. of the Michigan
Administrative Code. A bacteriological report confirming water quality
shall be required during the initial inspection and every 2 years
thereafter. Group homes that use a community-approved water system need
not be in compliance with this requirement.
(2) Hot and cold running water that is
under pressure shall be provided. A licensee shall maintain the hot water
temperature for a resident's use at a range of 105 degrees Fahrenheit to
120 degrees Fahrenheit at the faucet.
(3) All sewage shall be disposed of in a
public sewer system or, in the absence thereof, in a manner that is approved
by the health authority.
(4) All garbage and rubbish that
contains food wastes shall be kept in leakproof, nonabsorbent containers. The
containers shall be kept covered with tight-fitting lids and shall be removed
from the home daily and from the premises at least weekly.
(5) An insect, rodent, or pest control
program shall be maintained as necessary and shall be carried out in a
manner that continually protects the health of residents.
(6) Poisons, caustics, and other
dangerous materials shall be stored and safeguarded in nonresident areas and
in non-food preparation storage areas.
(7) Each habitable room shall have
direct outside ventilation by means of windows, louvers, air-conditioning, or
mechanical ventilation. During fly season, from April to November, each door,
openable window, or other opening to the outside that is used for
ventilation purposes shall be supplied with a standard screen of not less
than 16 mesh.
(8) Hand-washing facilities that are
provided in both the kitchen and bathroom areas shall include hot and cold
water, soap, and individual towels, preferably paper towels.
(9) When a resident is discharged, his
or her room and its contents shall be thoroughly cleaned. Blankets and
spreads shall be sanitized.
R 400.14402 Food service. Rescinded.
Rule 402. (1) All food shall be from
sources that are approved or considered satisfactory by the department and
shall be safe for human consumption, clean, wholesome and free from
spoilage, adulteration, and misbranding.
(2) All food shall be protected from
contamination while being stored, prepared, or served and during
transportation to a facility.
(3) All perishable food shall be
stored at temperatures that will protect against spoilage. All potentially
hazardous food shall be kept at safe temperatures. This means that all cold
foods are to be kept cold, 40 degrees Fahrenheit or below, and that all hot
foods are to be kept hot, 140 degrees Fahrenheit or above, except during periods
that are necessary for preparation and service. Refrigerators and freezers
shall be equipped with approved thermometers.
(4) All food service equipment and
utensils shall be constructed of material that is nontoxic, easily cleaned,
and maintained in good repair. All food services equipment and eating and
drinking utensils shall be thoroughly cleaned after each use.
(5) A home shall be properly
equipped as required by the health authority, to prepare and serve
adequate meals.
(6) Household and cooking
appliances shall be properly installed according to the manufacturer's
recommended safety practices. Where metal hoods or canopies are provided, they
shall be equipped with filters. The filters shall be maintained in an
efficient condition and kept clean at all times. All food preparation
surfaces and areas shall be kept clean and in good repair.
R 400.14403 Maintenance of premises.
Rescinded.
Rule 403. (1) A home shall be
constructed, arranged, and maintained to provide adequately for the health,
safety, and well-being of occupants.
(2) Home furnishings and
housekeeping standards shall present a comfortable, clean, and orderly
appearance.
(3) All living, sleeping, hallway,
storage, bathroom, and kitchen areas shall be well lighted and ventilated.
(4) A roof, exterior walls, doors,
skylights, and windows shall be weathertight and watertight and shall be
kept in sound condition and good repair.
(5) Floors, walls, and ceilings shall be
finished so as to be easily cleanable and shall be kept clean and in good
repair.
(6) All plumbing fixtures and water and
waste pipes shall be properly installed and maintained in good working
condition. Each water heater shall be equipped with a thermostatic
temperature control and a pressure relief valve, both of which shall be in
good working condition.
(7) All water closet compartments,
bathrooms, and kitchen floor surfaces shall be constructed and maintained so as
to be reasonably impervious to water and to permit the floor to be easily
kept in a clean condition.
(8) Stairways shall have sturdy and
securely fastened handrails. The handrails shall be not less than 30, nor
more than 34, inches above the upper surface of the tread. All exterior and
interior stairways and ramps shall have handrails on the open sides. All
porches and decks that are 8 inches or more above grade shall also have
handrails on the open sides.
(9) Stairway risers and treads shall be
a uniform and consistent size. Stairways that form a part of a required
means of egress shall change direction at landings only.
(10) Scatter or throw rugs on hard
finished floors shall have a nonskid backing.
(11) Handrails and nonskid surfacing
shall be installed in showers and bath areas.
(12) Sidewalks, fire escape routes,
and entrances shall be kept reasonably free of hazards, such as ice, snow,
and debris.
(13) A yard area shall be kept
reasonably free from all hazards, nuisances, refuse, and litter.
(14) Hot water pipes and steam radiators
that are located in resident occupied areas shall be shielded to protect
against burns.
(15) A written report shall be made to
the adult foster care licensing division of the department, the resident's
designated representative, and the responsible agency within 48 hours,
excluding holidays and weekends, of the occurrence of any fire and property
damage of more than $5,000.00.
R 400.14404 Laundry. Rescinded.
Rule 404. A home shall make adequate
provision for the laundering of a resident's personal laundry.
R 400.14405 Living space. Rescinded.
Rule 405. (1) A licensee shall
provide, per occupant, not less than 35 square feet of indoor living space,
exclusive of bathrooms, storage areas, hallways, kitchens, and sleeping areas.
(2) A resident shall be provided with
reasonable storage space for storing his or her personal belongings.
(3) Living, dining, bathroom, and
sleeping areas used by residents who have impaired mobility shall be
accessible and located on the street floor level of the home that contains the
required means of egress.
(4) A resident shall not be housed above
a second floor of a 3 story residence. This subrule shall not apply to
those licensees who were approved to house residents above the second floor
of a 3-story residence, who were licensed on the effective date of these rules,
and whose license has been in continuous effect.
(5) Where there is a change of ownership
or a change in licensee for those licensees and homes that were licensed
on the effective date of these rules and whose licenses have been in
continuous effect, use of living space above the second floor of a
3-story residence shall be allowed to continue without interruption
when all of the following conditions have been met:
(a) The resident or his or her
designated representative has agreed, in writing, to continue to reside above
the second floor of the 3-story residence.
(b) The home is in compliance with all
applicable state fire safety and environmental health standards.
(c) The licensee meets all applicable
staffing requirements as set forth in R 400.14206.
(d) The licensee is in compliance
with the emergency preparedness provisions as required in these rules.
(6) The living, dining, bathroom, and
sleeping areas for residents shall be contained within the home.
(7) A group home shall provide 1 or more
multipurpose areas of adequate size for training, recreation, family-style
dining and other diversional and social activities.
(8) A home shall have dining space that
can accommodate all residents of the home at the same time.
(9) The provisions of subrule (1) of
this rule shall not apply to those licensees who are licensed on the effective
date of these rules and whose licenses have been in continuous effect. A
variance that is granted pursuant to the provisions of this rule is not
transferable from one licensee to another.
R 400.14406 Room temperature Rescinded.
Rule 406. All resident-occupied rooms
of a home shall be heated at a temperature range between 68 and 72 degrees
Fahrenheit during non-sleeping hours. Precautions shall be taken to prevent
prolonged resident exposure to stale, noncirculating air that is at a
temperature of 90 degrees Fahrenheit or above. Variations from the
requirements of this rule shall be based upon a resident's health care
appraisal and shall be addressed in the resident's written assessment plan. The
resident care agreement shall address the resident's preferences for
variations from the temperatures and requirements specified in this rule.
R 400.14407 Bathrooms. Rescinded.
Rule 407. (1) Bathrooms and toilet
facilities that do not have windows shall have forced ventilation to the
outside. Bathroom windows that are used for ventilation shall open easily.
(2) Toilets, bathtubs, and showers shall
provide for individual privacy.
(3) Bathrooms shall have
doors. Only positive-latching, non-locking-against-egress hardware may be
used. Hooks and eyes, bolts, bars, and other similar devices shall not be
used on bathroom doors.
(4) A home shall have a minimum of 1
toilet, 1 lavatory, and 1 bathing facility for every 8 occupants of the home.
(5) At least 1 toilet and 1 lavatory
that are available for resident use shall be provided on each floor that has
resident bedrooms.
(6) At least 1 bathing facility that is
available for resident use shall be provided on each floor that has resident
bedrooms.
(7) The provisions of subrule (6) of
this rule shall not apply to those licensees who are licensed on the effective
date of these rules and whose licenses have been in continuous effect.
R 400.14408 Bedrooms generally Rescinded.
Rule 408. (1) A room shall not be used
as a resident bedroom if more than 1/2 of the room height is below grade,
except where the ceiling of such portion of a building is located 5 feet or
more above grade for more than 25% of the perimeter measurement of the
building. Such acceptable bedrooms shall be provided 2 acceptable means of
egress.
(2) A living room, dining room,
hallway, or other room that is not ordinarily used for sleeping or a room
that contains a required means of egress shall not be used for sleeping
purposes by anyone.
(3) Bedrooms for residents shall be
separated from halls, corridors, and other rooms by floor-to-ceiling walls that
do not have openings, except for doorways.
(4) Interior doorways of bedrooms that
are occupied by residents shall be equipped with a side-hinged, permanently
mounted door that is equipped with positive-latching,
non-locking-against-egress hardware.
(5) Traffic to and from any room
shall not be through a resident bedroom.
(6) For 2 adjoining rooms to be
considered as 1 bedroom, there shall be a 7-foot horizontal opening between
the rooms.
(7) Bedrooms shall have at least 1
easily openable window.
(8) Residents of the opposite sex shall
not occupy the same bedroom for sleeping purposes, unless they are husband and
wife.
(9) A resident who has impaired
mobility shall not sleep in or be assigned a bedroom that is located
above the street floor of the home.
R 400.14409 Bedroom space;
"usable floor space" defined Rescinded.
Rule 409. (1) As used in this rule,
"usable floor space" means floor space that is under a ceiling
which is not less than 6 feet, 6 inches in height, excluding closets and
space that is under a portable wardrobe. When determining usable floor
space, an alcove or any other part of the room that does not have at least a
7-foot horizontal dimension shall be excluded.
(2) A single occupancy bedroom shall
have not less than 80 square feet of usable floor space.
(3) A multioccupancy resident bedroom
shall have not less than 65 square feet of usable floor space per bed.
(4) A maximum of 2 beds shall be allowed
in any multioccupancy bedroom, except as provided in subrule (5) of this rule.
(5) A maximum of 4 beds shall be allowed
in any multioccupancy bedroom for those licensees and homes that were
licensed on the effective date of these rules and that have had licenses in
continuous effect.
(6) Where there is a change of ownership
or a change in licensee for those licensees and homes that were licensed
on the effective date of these rules and whose licenses have been in
continuous effect, a maximum 4 beds shall be allowed in any multioccupancy
bedroom when all of the following conditions have been met:
(a) The resident or his or her
designated representative has agreed, in writing, to continue to reside in the
multioccupancy room.
(b) The home is in compliance with all
applicable state fire safety and environmental health standards.
(c) The multioccupancy bedroom provides
not less than 70 square feet (65 square feet for those homes licensed on or
before December 31, 1976) of usable floor space per bed. "Usable floor
space" means the floor space under a ceiling that is not less than 6
feet 6 inches in height.
(d) The licensee has made provision for
individual privacy as required in these rules.
(7) There shall not be less than a
3-foot clearance between beds in a multioccupancy bedroom.
R 400.14410 Bedroom furnishings. Rescinded.
Rule 410. (1) The bedroom furnishings in
each bedroom shall include all of the following:
(a) An adequate closet or wardrobe.
(b) Lighting that is sufficient
for reading and other resident activities.
(c) A bureau or dresser or equivalent.
(d) At least 1 chair.
(2) A resident bedroom shall be
equipped with a mirror that is appropriate for grooming.
(3) Provision shall be made for a
resident to mount or hang pictures or decorative items on his or her bedroom
walls.
(4) All of the following shall not be
used by residents for sleeping:
(a) Roll-a-way beds.
(b) Cots.
(c) Double-deck beds.
(d) Stacked bunks.
(e) Hide-a-beds.
(f) Daybeds.
(5) A licensee shall provide a resident
with a bed that is not less than 36 inches wide and not less than 72 inches
long. The foundation shall be clean, in good condition, and provide adequate
support. The mattress shall be clean, comfortable, in good condition, well
protected, and not less than 5 inches thick or 4 inches thick if made of
synthetic materials. The use of a water bed is not prohibited by this rule
R 400.14411 Linens Rescinded.
Rule 411. (1) A licensee shall provide
clean bedding that is in good condition. The bedding shall include 2
sheets, a pillow case, a minimum of 1 blanket, and a bedspread for each bed.
Bed linens shall be changed and laundered at least once a week or more often
if soiled.
(2) A licensee shall provide at least 1
standard bed pillow that is comfortable, clean, and in good condition for
each resident bed.
(3) A licensee shall provide bath
towels and washcloths. Towels and washcloths shall be changed and laundered
not less than twice weekly or more often if soiled.
PART 5. FIRE
SAFETY; HOMES LICENSED OR PROPOSED
TO BE LICENSED
AFTER MARCH 27, 1980
R 400.14501 Applicability. Rescinded.
Rule 501. This part applies only to
those adult foster care small group homes for 6 or less that are licensed or
proposed to be licensed after March 27, 1980.
R 400.14502 Home environment. Rescinded.
Rule 502. All occupied rooms shall be
of standard lath and plaster construction or its equivalent.
R 400.14503 Interior finishes and
materials generally Rescinded.
Rule 503. (1) Interior finish
materials shall be at least class C materials throughout the adult foster
care small group home.
(2) Interior finish materials shall be
securely attached to, or furred out not more than 1 inch from, walls or
ceilings that are dry wall, plaster, masonry, or natural solid wood that is
not less than 3/4 of an inch thick.
(3) The attaching of interior finish
materials, other than dry wall, plaster, or natural solid wood that is not
less than 3/4 of an inch thick, directly to wall studs or to floor or
ceiling joists is prohibited. Suspended ceilings constructed of a class A
material that is 1/4 inch or greater in thickness and installed in
accordance to manufacturers specifications shall be permitted.
(4) Class A, B, and C materials are
interior finish materials that have the following minimum characteristics:
Class Flame Spread Smoke Developed
A 0-25 0-450
B 26-75 0-450
C 76-200 0-450
R 400.14504 Interior finish of
walls and ceilings; prohibited materials. Rescinded.
Rule 504. All of the following
materials shall not be used as interior finish in a home:
(a) Asphalt paper.
(b) Cork.
(c) Cardboard.
(d) Carpeting, whether or not treated
with fire retardant.
(e) Foam plastics.
(f) Plastic materials.
(g) Other finish materials that will
contribute to the rapid spread of fire or give off dense smoke or toxic gases.
R 400.14505 Smoke detection
equipment; location; battery replacement; testing, examination, and
maintenance; spacing of detectors mounted on ceilings and walls;
installation requirements for new construction, conversions, and changes of
category. Rescinded.
Rule 505. (1) At least 1
single-station, battery-operated smoke detector shall be installed at the
following locations:
(a) Between the sleeping areas and the
rest of the home. In homes that have more than 1 sleeping area, a smoke
detector shall be installed to protect each separate sleeping area.
(b) On each occupied floor, in the
basement, and in areas of the home that contain flame- or heat-producing
equipment.
(2) Approved heat detectors may be
installed in place of smoke detectors in the kitchen or bathroom and in other
areas of the home that contain flame- or heat-producing equipment.
(3) The batteries of battery-operated
smoke detectors shall be replaced in accordance with the recommendations of
the smoke or heat detection equipment manufacturer.
(4) Detectors shall be tested, examined,
and maintained as recommended by the manufacturer.
(5) Detectors that are mounted on
ceilings shall be spaced 6 inches or more away from any walls. Detectors that
are mounted on walls shall be between 6 and 12 inches away from the
ceiling. A smoke detector shall not be mounted where ventilation systems or
other obstructions keep smoke away.
(6) For new construction, conversions,
and changes of category, approved smoke detectors shall be installed in
accordance with the requirements contained in the publication of the
national fire protection association entitled "NFPA 101, Life Safety
Code, 1988," shall be powered from the building's electrical system,
and, when activated, shall initiate an alarm that is audible in all sleeping
rooms with the door closed. Detectors shall be installed on all levels,
including basements, but excluding crawl spaces and unfinished attics.
Additional detectors shall be installed in living rooms, dens, dayrooms, and
similar spaces.
R 400.14506 Fire extinguishers;
location, examination, and maintenance. Rescinded.
Rule 506. (1) A minimum of 1
underwriters laboratories approved 2A 10BC extinguisher or equivalent shall be
provided for use in a small group home on each occupied floor and in the
basement.
(2) Fire extinguishers shall be examined
and maintained as recommended by the manufacturer.
R 400.14507 Means of egress generally
Rescinded.
Rule 507. (1) A means of egress shall
be considered the entire way and method of passage to free and safe ground
outside a small group home.
(2) A means of egress shall be arranged
and maintained to provide free and unobstructed egress from all parts of a
small group home.
(3) Where basements are regularly used
for resident activities, there shall be 2 approved exits, 1 of which shall
lead directly to the outside.
(4) The first floor of a small group
home shall have not less than 2 separate and independent means of egress
leading to the outside.
(5) A door that forms a part of a
required means of egress shall be not less than 30 inches wide and shall be
equipped with positive-latching, non-locking-against-egress hardware.
(6) Occupied room door hardware
shall be equipped with positive-latching, non-locking-against-egress
hardware.
(7) Stairways shall have sturdy and
securely fastened handrails that are not less than 30, nor more than 34, inches
above the upper surface of the tread. Exterior and interior stairways shall
have handrails on the open sides. Porches shall also have handrails on the
open sides.
R 400.14508 Means of egress; sleeping
areas. Rescinded.
Rule 508. (1) A resident bedroom
shall have 1 outside window for emergency rescue. The window for emergency
rescue is not required if a room opens onto a corridor with 2 means of
egress and the corridor has a door that leads directly to the outside.
(2) A window shall be openable from the
inside without the use of tools or special knowledge.
(3) An emergency window is not required
if the room has a door that leads directly to the outside
R 400.14509 Means of egress;
wheelchairs Rescinded.
Rule 509. (1) Small group homes that
accommodate residents who regularly require wheelchairs shall be equipped with
ramps that are located at 2 approved means of egress from the first floor.
(2) The slope of the ramp shall not be
more than 1 foot of rise in 12 feet of run and shall terminate on a firm
surface or solid unobstructed ground which will allow the wheelchair
occupant to move a safe distance away from the building. Ramps shall have
handrails on the open sides and be constructed in accordance with the
requirements specified in Section 816.0 of the BOCA National Building Code,
1990, eleventh edition.
(3) Doors that form a part of a required
means of egress shall be in compliance with the requirements of R
400.14507.
R 400.14510 Heating equipment
generally. Rescinded.
Rule 510. (1) Heat shall be provided
by an approved central heating plant or a permanently installed
electrical heating system that is approved by a nationally recognized
testing laboratory that use acceptable testing methods.
(2) A furnace, water heater, heating
appliances, pipes, wood-burning stoves and furnaces, and other flame- or
heat-producing equipment shall be installed in a fixed or permanent manner
and in accordance with a manufacturer's instructions and shall be
maintained in a safe condition.
(3) Where conditions indicate a need
for inspection, heat-producing equipment shall be inspected by a qualified
inspection service. A copy of the written approval from the qualified
inspection service shall be submitted to the department and a copy shall be
maintained in the adult foster care small group home and shall be available
for department review.
(4) Hot water pipes and steam
radiators that are located in resident-occupied areas shall be shielded
to protect against burns.
(5) Portable heating units shall not be
permitted.
R 400.14511 Flame-producing
equipment; enclosures. Rescinded.
Rule 511. (1) If the heating plant is
located in the basement of a small group home, standard building material
may be used for the floor separation. Floor separation shall also
include at least 1 3/4-inch solid core wood door or equivalent to create a
floor separation between the basement and the first floor.
(2) Heating plants and other
flame-producing equipment located on the same level as the residents
shall be enclosed in a room that is constructed of material which has a
1-hour-fire-resistance rating, and the door shall be made of 1 3/4-inch solid
core wood. The door shall be hung in a fully stopped wood or steel frame
and shall be equipped with an automatic self-closing device and
positive-latching hardware.
(3) A permanent outside vent that cannot
be closed shall be incorporated in the design of heating plant rooms so that
adequate air for proper combustion is assured.
(4) Combustible materials shall not be
stored in rooms that contain heating equipment, a water heater,
an incinerator, or other flame-producing equipment.
R 400.14512 Electrical service Rescinded.
Rule 512. (1) The electrical service
of a home shall be maintained in a safe condition.
(2) Where conditions indicate a need
for inspection, the electrical service shall be inspected by a qualified
electrical inspection service. A copy of the written approval from the
qualified inspection service shall be submitted to the department and a copy
shall be maintained in the adult foster care small group home and shall be
available for department review.
PART 6. FIRE
SAFETY; HOMES LICENSED ON OR BEFORE MARCH 27, 1980
R 400.14601 Scope. Rescinded.
Rule 601. R 400.2231, R 400.2233, R
400.2242, R 400.2243 to R 400.2246, R 400.2347, and R 400.2361 shall only
apply to adult foster care small group homes for 6 or less which were
licensed effective March 27, 1980, and which meet the requirements of
section 21 of the act.