Pascal Bergeron
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A. A manager shall ensure that an assisted living center complies with the applicable physical plant
health and safety codes and standards, incorporated by reference in R9-10-104.01, that:

1. Are applicable to the level of services planned to be provided or being provided; and
2. Were in effect on the date the assisted living facility submitted architectural plans and
specifications to the Department for approval, according to R9-10-104.

B. A manager shall ensure that:

1. The premises and equipment are sufficient to accommodate:
a. The services stated in the assisted living facility’s scope of services, and
b. An individual accepted as a resident by the assisted living facility;
2. A common area for use by residents is provided that has sufficient space and furniture to
accommodate the recreational and socialization needs of residents;
3. A dining area has sufficient space and tables and chairs to accommodate the needs of the
residents;
4. At least one bathroom is accessible from a common area and:
a. May be used by residents and visitors;
b. Provides privacy when in use; and
c. Contains the following:
i. At least one working sink with running water,
ii. At least one working toilet that flushes and has a seat,
iii. Toilet tissue for each toilet,
iv. Soap in a dispenser accessible from each sink,
v. Paper towels in a dispenser or a mechanical air hand dryer,
vi. Lighting, and
vii. A window that opens or another means of ventilation;
5. An outside activity space is provided and available that:
a. Is on the premises,
b. Has a hard-surfaced section for wheelchairs, and
c. Has an available shaded area;
6. Exterior doors are equipped with ramps or other devices to allow use by a resident using
a wheelchair or other assistive device; and
7. The key to the door of a lockable bathroom, bedroom, or residential unit is available to a
manager, caregiver, and assistant caregiver.

C. A manager shall ensure that:

1. For every eight residents there is at least one working toilet that flushes and has a seat
and one sink with running water;
2. For every eight residents there is at least one working bathtub or shower; and
3. A resident bathroom provides privacy when in use and contains:
a. A mirror;
b. Toilet tissue for each toilet;
c. Soap accessible from each sink;
d. Paper towels in a dispenser or a mechanical air hand dryer for a bathroom that is
not in a residential unit and used by more than one resident;
e. A window that opens or another means of ventilation;
f. Grab bars for the toilet and, if applicable, the bathtub or shower and other
assistive devices, if required to provide for resident safety; and
g. Nonporous surfaces for shower enclosures and slip-resistant surfaces in tubs and
showers.

D. A manager shall ensure that:

1. Each resident is provided with a sleeping area in a residential unit or a bedroom;
2. For an assisted living home, a resident’s sleeping area is on the ground floor of the
assisted living home unless:
a. The resident is able to direct self-care;
b. The resident is ambulatory without assistance; and
c. There are at least two unobstructed, usable exits to the outside from the sleeping
area that the resident is capable of using;
3. Except as provided in subsection (E), no more than two individuals reside in a residential
unit or bedroom;
4. A resident’s sleeping area:
a. Is not used as a common area;
b. Is not used as a passageway to a common area, another sleeping area, or common
bathroom unless the resident’s sleeping area:
i. Was used as a passageway to a common area, another sleeping area, or
common bathroom before October 1, 2013; and
ii. Written consent is obtained from the resident or the resident’s
representative;
c. Is constructed and furnished to provide unimpeded access to the door;
d. Has floor-to-ceiling walls with at least one door;
e. Has access to natural light through a window or a glass door to the outside; and
f. Has a window or door that can be used for direct egress to outside the building;
5. If a resident’s sleeping area is in a bedroom, the bedroom has:
a. For a private bedroom, at least 80 square feet of floor space, not including a
closet or bathroom;
b. For a shared bedroom, at least 60 square feet of floor space for each individual
occupying the shared bedroom, not including a closet or bathroom; and
c. A door that opens into a hallway, common area, or outdoors;
6. If a resident’s sleeping area is in a residential unit, the residential unit has:
a. Except as provided in subsection (E)(2), at least 220 square feet of floor space,
not including a closet or bathroom, for one individual residing in the residential
unit and an additional 100 square feet of floor space, not including a closet or
bathroom, for each additional individual residing in the residential unit;
b. An individually keyed entry door;
c. A bathroom that provides privacy when in use and contains:
i. A working toilet that flushes and has a seat;
ii. A working sink with running water;
iii. A working bathtub or shower;
iv. Lighting;
v. A mirror;
vi. A window that opens or another means of ventilation;
vii. Grab bars for the toilet and, if applicable, the bathtub or shower and
other assistive devices, if required to provide for resident safety; and
viii. Nonporous surfaces for shower enclosures and slip-resistant surfaces in
bathtubs and showers;
d. A resident-controlled thermostat for heating and cooling;
e. A kitchen area equipped with:
i. A working sink and refrigerator,
ii. A cooking appliance that can be removed or disconnected,
iii. Space for food preparation, and
iv. Storage for utensils and supplies; and
f. If not furnished by a resident:
i. An armchair, and
ii. A table where a resident may eat a meal; and
7. If not furnished by a resident, each sleeping area has:
a. A bed, at least 36 inches in width and 72 inches in length, consisting of at least a
frame and mattress that is clean and in good repair;
b. Clean linen, including a mattress pad, sheets large enough to tuck under the
mattress, pillows, pillow cases, a bedspread, waterproof mattress covers as
needed, and blankets to ensure warmth and comfort for the resident;
c. Sufficient light for reading;
d. Storage space for clothing;
e. Individual storage space for personal effects; and
f. Adjustable window covers that provide resident privacy.

E. A manager may allow more than two individuals to reside in a residential unit or bedroom if:

1. There is at least 60 square feet for each individual living in the bedroom;
2. There is at least 100 square feet for each individual living in the residential unit; and
3. The manager has documentation that the assisted living facility has been operating since
before November 1, 1998, with more than two individuals living in the residential unit or
bedroom.

F. If there is a swimming pool on the premises of the assisted living facility, a manager shall ensure that:

1. Unless the assisted living facility has documentation of having received an exception
from the Department before October 1, 2013, the swimming pool is enclosed by a wall or
fence that:
a. Is at least five feet in height as measured on the exterior of the wall or fence;
b. Has no vertical openings greater that four inches across;
c. Has no horizontal openings, except as described in subsection (F)(1)(e);
d. Is not chain-link;
e. Does not have a space between the ground and the bottom fence rail that exceeds
four inches in height; and
f. Has a self-closing, self-latching gate that:
i. Opens away from the swimming pool,
ii. Has a latch located at least 54 inches from the ground, and
iii. Is locked when the swimming pool is not in use;
2. A life preserver or shepherd’s crook is available and accessible in the swimming pool
area; and
3. Pool safety requirements are conspicuously posted in the swimming pool area.

G. A manager shall ensure that a spa that is not enclosed by a wall or fence as described in
subsection (F)(1) is covered and locked when not in use.

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