Ala. Admin. Code r. 580-3-22-.08

Three Beds Or Less Residential Facility

This regulation establishes minimum physical facility standards for Alabama Department of Mental Health community residential facilities housing three or fewer residents, covering mental illness, intellectual/developmental disability, and substance abuse populations. Operators must comply with fire safety equipment requirements (smoke detectors, fire extinguishers, emergency lighting), structural maintenance, ADA accessibility, means of egress, room dimensions, smoking rules, HVAC, electrical, and water temperature standards. Facilities cannot be occupied until the Commissioner issues a Temporary Operating Authority based on compliance with these DMH/MR physical standards. Monthly fire drills, equipment inspections, and written recordkeeping are required.

Ala. Admin. Code r. 580-3-22-.08 - Three Beds Or Less Residential Facility 

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(1)
 These minimum standards are for Mental
 Illness, Mental Retardation and Substance Abuse Community Residential
 Facilities housing three or less residents. In addition to these minimum
 standards, the most current edition of the NFPA 101, 
Life Safety Code,
 One and Two Family Dwellings Chapter,
 International Building Code and
 National Electrical Code shall also apply with the following exception: NFPA
 101, Life Safety Code, Chapter 24.3.5 shall not apply because the International
 Residential Code Council has voted not to include sprinkler requirements for
 One and Two Family Dwellings.

(2)

 The facility cannot be occupied until the Commissioner issues a Temporary
 Operating Authority (TOA) granting temporary operating authority or
 certification based on compliance with the DMH/MR minimum standards. The above
 referenced type facility shall be classified by DMH/MR Minimum Physical
 Facility Standards as a Community Residential Facility. The facility shall
 include bedrooms, kitchen, dining room, living room, laundry, and other common
 areas under one roof. 
(a)

FIRE SAFETY
 EQUIPMENT

1.
 Electric smoke detectors
 shall be installed and connected to the electrical system (recommend battery
 backup) and must be connected in series so when one detector sounds all
 detectors will sound.

2.
 Smoke
 detectors shall be installed in the following locations: 
 
(i)
 In other than existing dwellings (new
 construction), in all sleeping rooms;

(ii)
 In existing dwellings, outside of each
 separate sleeping area in the immediate vicinity of the sleeping rooms;
 and

(iii)
 On each level of the
 dwelling unit including basements.

3.
 Smoke detectors shall be mounted on
 ceilings where possible and only allowed on walls when impossible for ceiling
 mounting. Detectors on walls shall be mounted with top of detector not less
 than 4 inches nor more than 12 inches from the ceiling.

4.
 Smoke detectors shall not be located under
 or within 3 feet of ceiling fan blades or air supply diffusers or
 returns.

5.
 Portable fire
 extinguishers shall be installed, inspected, and maintained in accordance with
 NFPA 10, 
Standard for Portable Fire Extinguishers
. 
 
(i)
 A minimum of (1) 10 lb ABC in hallway and
 (1) 5 lb ABC fire extinguisher in kitchen shall be provided.

(ii)
 Size of fire extinguisher refers to
 Charge Weight.

(iii)
 Mount top of
 fire extinguisher 5 feet above floor.

(iv)
 A service tag shall be provided from a
 certified fire equipment service company for each fire extinguisher.

(v)
 Fire extinguishers must be visually
 checked, dated and initialed on rear of service tag each month by the facility
 operator.

6.
 Battery
 pack emergency lighting shall be installed in hallways or other locations as
 required for illuminating the paths of travel from areas of the facility to
 designated exits.
(i)
 Emergency lighting
 functional testing shall be conducted by the facility operator monthly for a
 period of not less than 30 seconds and annually for not less than 90
 minutes.

(ii)
 The emergency
 equipment must remain fully operational for the duration of the test.

(iii)
 Written records of visual inspections
 and tests shall be kept by the facility operator for review by
 DMH/MR.

(b)

MAINTENANCE

1.
 Facilities must be
 free of hazards, structurally sound and maintained throughout (e.g., sill,
 joist, pier, foundation, walls, roof and other areas).

2.
 Insulation in walls, floors and ceilings
 in any room, including utility rooms, closets and garages, must be covered with
 finished material.

(c)

ADA REQUIREMENTS

1.
 The
 specifications in this rule make buildings and facilities accessible to and
 usable by people with such physical disabilities as the inability to walk,
 difficulty walking, reliance on walking aids, blindness and visual impairment,
 deafness and hearing impairment, incoordination, reaching and manipulation
 disabilities, lack of stamina, difficulty interpreting and reacting to sensory
 information, and extremes of physical size based generally upon adult
 dimensions (as cited by American National Standard, Accessible and Usable
 Building and Facilities, Council of American Building Officials CABO/ANSI
 A117.1992).

2.
 Facilities housing
 physically disabled or non-ambulatory persons using or confined to a walker or
 wheelchair shall comply with Federal Guidelines for the accessibility for
 disabled persons. These requirements include complete bathing, toileting
 facilities, complete facility access and parking. Facilities must comply with
 ADA requirements for total access to and inside the facility.

(d)

MEANS OF EGRESS AND/OR
 ESCAPE

1.
 In dwellings or dwelling
 units of two rooms or more, every sleeping room and every living area shall
 have not less than one primary means of escape and one secondary means of
 escape 
(Life Safety Code, One and Two Family Dwellings
 Chapter).

2.
 The primary
 means of escape shall be a door not less than 28 inches in width.

3.
 Doors on facilities with physically
 disabled persons must comply with ADA requirements.

4.
 Secondary means of escape shall be an
 unobstructed operable window directly leading outside which opens without the
 use of tools, keys or special effort. Burglar bars requiring a key shall not be
 used, but those which use a thumb type locking device may be used. 
 
(i)
 Windows, including storm windows, shall
 provide a clear opening of not less than 5.7 square feet.

(ii)
 The width shall not be less than 20
 inches and the height shall not be less than 24 inches.

(iii)
 The bottom of the window opening (sill)
 shall not be more than 44 inches above the floor.

(iv)
 The window shall be within 20 feet of
 grade.

(v)

Windows with
 dimensions of 20" x 24" have a clear opening of 3.3 square feet. Therefore,
 either the height or width needs to exceed the minimum requirements to provide
 the required clear opening.

(vi)
 Existing facilities as defined herein
 (see 
580-3-22-.02
(8)
)
 are exempt from the requirements of this section. All new construction will
 comply.

(e)

ROOM CEILINGS AND HALLWAYS

1.
 The
 width of hallways shall be not less than 36 inches and the height not less than
 7 feet 6 inches.

2.
 The height of
 room ceilings shall not be less than 7 feet 6 inches.

3.
 Existing facilities which fit the
 definition of this code will not be subject to the minimum ceiling height as
 stated above.

(f)

DOORS

1.
 Doors in the path of
 travel to the means of escape shall be not less than 28 inches wide and not
 less than 6 feet 8 inches high.

2.

 Bathrooms and closet doors shall not be less than 24 inches wide.

3.
 Doors on facilities with physically
 disabled persons must comply with ADA standards.

4.
 Doors shall not have more than 2 locking
 devices.
(i)
 No double key dead bolt locks are
 allowed.

(ii)
 Keys shall be
 maintained by designated staff members at all times on the premises.

(g)

STAIRS

1.
 Stairs serving as a required means of
 escape shall be of permanent fixed construction and shall have handrails on
 both sides of the steps that are not less than 34 inches nor more than 38
 inches above the surface of the tread.

2.
 In new construction, the minimum height of
 risers must be a minimum of 4 inches and maximum of 7 inches in height, and a
 minimum tread depth of 11 inches.

3.
 In existing construction, the maximum
 height of risers must be 8 inches and the minimum tread depth must be 9 inches.
 Stairs must be uniform in design.

(h)

PORCHES AND LANDINGS

1.
 Porches and landings shall have guardrails
 not less than 42 inches high when any portion of the porch or landing equals or
 exceeds 24 inches above ground level.

2.
 Open guards, other than approved existing
 open guards, shall have rails or an ornamental pattern such that an object 4
 inches in diameter is not able to pass through any opening up to a height of 34
 inches.

(i)

SLEEPING ROOMS/SPACE

1.
 Single
 occupancy bedrooms shall contain a minimum of 100 square feet of open floor
 space.

2.
 Each bedroom occupied by
 more than one person shall contain a minimum of 80 square feet of open floor
 space per occupant.

3.
 Closets
 cannot be included in these computations. There shall be a minimum of 36 inches
 between beds.

4.
 A permanent
 constructed closet or a sturdy enclosed wardrobe with drawer space shall be
 provided for individual belongings.

5.
 Mattresses and box springs shall be
 maintained in good repair.

6.

 Bedrooms shall be provided with window treatments such as mini blinds, drapes,
 curtains or other appropriate covering providing privacy and maintained in good
 condition.

(j)

SEPARATION OF ROOMS

1.
 The
 laundry room shall be separated by a door or a wall from all food preparation
 or serving areas.

2.
 No bathroom
 shall open directly to any food preparation or serving area.

3.
 No bedroom shall open directly into a
 kitchen.

4.
 No bedroom shall have
 as its only access a door opening directly to or from another bedroom or
 bathroom.

(k)

SMOKING REGULATIONS

1.
 Smoking is
 not allowed inside any facility.

2.

 Smoking is allowed only in designated exterior areas or on smoking porches
 which have ventilation. A nonflammable container shall be provided for
 disposal.

(l)

FLAMMABLES AND COMBUSTIBLES

1.

 Flammable or combustible liquids shall not be stored inside the residential
 facility.

(m)

OPEN
 FLAME DEVICES

1.
 No candles, incense,
 oil lamps or lanterns shall be allowed to be used inside any
 facility.

2.
 Facilities containing
 a fuel-burning appliance or fireplace or having an attached garage shall be
 equipped with carbon monoxide detectors.

(n)

FIRE EXIT DRILLS

1.
 Unannounced fire exit drills shall be
 conducted on a monthly basis with one fire exit drill per quarter being
 conducted between the hours of 10:00 p.m. and 5:00 a.m. when residents are
 asleep.

2.
 Fire exit drills shall
 be initiated by using emergency equipment.

3.
 A log of fire exit drills shall be kept on
 the premises and available for review at each inspection. Fire exit drills
 shall contain the date the drill was conducted, time of day drill was conducted
 including AM/PM, time taken to evacuate and clear the facility, number of
 people taking part in the drill and the signature of the person conducting the
 drill.

(o)

SEVERE
 WEATHER PLAN.

A Severe Weather Plan,
 approved by the
 program's executive director, will be developed for each site of the program
 and will be available for review.

(p)

COOLING/HEATING/VENTILATION

1.
 Windows and doors used for ventilation
 shall have screens which are maintained in good condition.

2.
 If a facility, home, or apartment is
 subject to DMH/MR certification (see
 
580-3-22-.01
(8)
 
 and 580-3-22.13(1)), then the air temperature within the facility shall be
 maintained between 70 and 80 degrees Fahrenheit measured at a distance of 3
 feet above the floor.

3.
 Mechanical
 ventilation (exhaust fans) shall be provided in each bathroom.

4.
 Gas stoves and cook tops must be equipped
 with comparable sized hoods, filters, operable lights and exhaust fans with
 outdoor ventilation.
(1)
 Pilot lights on gas
 stoves and cook tops must be maintained and operable.

5.
 Electric stoves not vented to the exterior
 must have hoods, charcoal filters, fans and lights. Electric stoves vented to
 the exterior must have hoods, fans and lights.

6.
 Ceiling fans shall be installed to
 maintain a minimum clearance of 7 feet between the finished floor and the
 ceiling fan blades.

7.
 Smoke
 detectors shall not be located under nor within 3 feet of ceiling fan blades or
 air supply diffusers or returns.

8.

 No heater shall have exposed electric elements and shall be equipped with
 tip-over devices for automatic shutoff.

9.
 Fireplaces and fossil-fuel stoves (wood
 burning) shall have partitions or screens or other means to prevent burns. 
 
(i)
 Fireplaces (excluding electric) shall be
 vented to the outside.

(ii)
 No
 unvented fuel heaters or gas logs are allowed.

(iii)
 Gas fireplaces shall have a remote gas
 shutoff within the room and not inside the fireplace.

10.
 Wood burning or gas logs cannot be used
 as a primary heat source.
(i)
 DMH/MR approval
 must be obtained for emergency use only on a case by case basis.

(ii)
 Emergency use of a fireplace as a
 primary heat source must be approved by DMH/MR. In its request the facility
 must represent, and be able to document, that the fireplace has been inspected
 and cleaned in the past 2 years.

(q)

APPLIANCE/ELECTRICAL/COMMUNICATION

1.
 Facilities shall have equipment for the
 proper preparation and serving of food as determined by the size and functions
 of the facility.

2.
 Space and
 equipment shall be provided for receiving and storage, preparation, cooking,
 serving, dining and dishwashing.

3.

 Appliances shall be maintained clean and in working condition.

4.
 Non-operable appliances and/or equipment
 shall be repaired or removed from the premises.

5.
 Refrigerators shall be maintained at a
 constant temperature of 45 degrees Fahrenheit or below and freezers shall be
 maintained at a constant temperature of 0 degrees Fahrenheit or below. 
 
(i)
 Thermometers shall be maintained inside
 refrigerators and freezers.

6.
 For all new construction, electrical
 outlets located within rooms containing a water source shall be GFCI type
 outlets or shall be connected to a GFCI breaker. Existing facilities, as
 defined herein, shall have GFCI type outlets in kitchens and bathrooms, or the
 outlets in those rooms shall be connected to a GFCI breaker.

7.
 No extension cords shall be used as a
 permanent wiring source.

8.

 Multi-plug type electrical devices shall be equipped with an approved in-line
 surge protector or breaker.

9.
 For
 a new facility, a letter from a licensed electrician shall be provided stating
 that wiring, panels, and fixtures are safe and adequate, and installed in
 accordance with local, state and national electrical codes. The letter shall be
 on company letterhead with name, address, contact number and electrician
 license number. Facilities providing written documentation of code compliance
 from a state or local building official shall be exempt from this
 standard.

10.
 Electrical
 breaker/fuse panels shall contain interior cover plates and blank covers where
 breakers/fuses are missing.

11.

 Interior electrical breaker panels are required to have operational
 locks.

12.
 Breakers shall be
 labeled as to the location of the circuits.

13.
 Telephone service shall be provided in
 each facility.

(r)

WATER TEMPERATURE

1.
 Heated water
 shall be supplied to each lavatory, shower, bathtub, kitchen sink, dishwasher,
 and clothes washer at the required minimum and maximum temperature.

2.
 Hot water temperature shall be maintained
 between 110 degrees and 120 degrees Fahrenheit in facilities. 
 
(i)
 If the hot water temperature exceeds the
 maximum temperature of 120 degrees Fahrenheit on two (2) consecutive
 inspections, a scald guard or mixing valve shall be installed within thirty
 (30) calendar days of the date of the last inspection.

(s)

LIGHTING

1.
 Lighting on the interior and the exterior
 of the facility shall have proper size and type light bulbs
 installed.

2.
 Light fixtures and
 lamps shall have shields, globes, protective tubes or shades in good
 condition.

3.
 Programs that are
 open in the hours of darkness must have adequate exterior lighting.

4.
 Lighting in exhaust vent hoods above
 kitchen stoves shall be the shatter resistant (Teflon coated) light bulbs or be
 protected with shields as provided by the hood manufacturer.

5.
 Resident rooms shall have general lighting
 with switches located at the interior side of the entrance door.

(t)

WATER SUPPLY

1.
 Water supply shall be provided under
 pressure and obtained from an approved local water authority.

2.
 If a private water source is used, the
 operator of the facility shall obtain approval from the local health department
 to ensure safe location, construction, maintenance and operation of the
 system.

3.
 The water shall be
 tested annually and documentation maintained at the facility for
 review.

(u)

PLUMBING/SEWAGE

1.
 Plumbing shall
 be functional and in good working order.

2.
 Sewage and liquid waste shall be disposed
 of in accordance with city, county, and state regulations.

(v)

CONTROL OF INSECTS/RODENTS.

 Proper measures for year-round control of insects, rodents, and other outdoor
 vermin shall be taken.

(w)

ANIMALS

1.
 Animals or pets which
 present no apparent threat to the health and safety of the residents or staff
 are permitted if they are properly housed, cared for and are not fed in the
 food preparation or serving areas of the residence.

2.
 Animals are required to receive annual
 inoculations.

3.
 Any animal that
 has at any time bitten any human being, or has a known or demonstrated
 propensity, or tendency, or disposition to attack, to cause injury, or
 otherwise threaten or endanger the safety of humans or other domestic animals
 shall not be maintained on the premises.

4.
 Animals commonly considered to be
 naturally wild, or those which are considered to be inherently dangerous to the
 health, safety and welfare of people are also forbidden on the
 premises.

(x)

SOLID WASTE

1.
 Kitchen garbage
 shall be stored in approved containers with tops or lids in place at all
 times.

2.
 Garbage containers shall
 be cleaned and emptied on a frequent basis.

(y)

LAUNDRY

1.
 Dryers shall be properly vented to the
 outdoors and provided with space blocks of proper size to prevent crimping of
 the exhaust hose.

2.
 Area behind
 washers and dryers shall be maintained in a clean manner.

(z)

BATHROOMS

1.
 A minimum of 1 full bathroom, (toilet,
 lavatory, tub or shower) shall be provided for each 6 residents or portion
 thereof.

2.
 Bathrooms shall have
 access from a common area of the facility.

3.
 If a bathroom is located off a bedroom,
 only the residents of that bedroom will be allowed use of the
 bathroom.

4.
 Bathroom doors shall
 be not less than 24 inches wide.

5.

 Doors on facilities with physically disabled persons must comply with ADA
 standards.

(aa)

INTERIOR FINISH (FLOOR COVERINGS, WALLS, CEILINGS)

1.
 Floor coverings, walls and ceilings shall
 be maintained free of dirt, holes and excessive stains.

2.
 Floor coverings shall be properly secured
 to sub-flooring.

3.
 Carpeting, if
 used as a floor covering, shall be properly installed, easily cleaned and
 maintained in good repair.

4.

 Carpeting is prohibited in kitchens and bathrooms.

(bb)

FURNITURE.
 Broken furniture
 or furniture with torn upholstery must be repaired or discarded.

(cc)

FOOD PREPARATION/STORAGE

1.
 All food shall be stored, prepared,
 distributed and served under sanitary conditions.

2.
 Store opened perishable foods inside
 sealed containers inside the refrigerator.

3.
 Store reclaimed cooking oil inside sealed
 containers.

4.
 Store opened dry
 goods inside sealed containers. Dry goods removed from original containers must
 be dated and properly labeled.

5.

 There shall be no open air thawing of frozen meats.

6.
 Do not store cooking and eating utensils
 or food products under kitchen sink.

7.
 Food items shall be stored at a height of
 at least 6 inches above floor level.

8.
 Cleaning supplies shall be stored below
 food items.

(dd)

EXTERIOR

1.
 Deteriorated wood on
 the exterior of a facility shall be replaced.

2.
 When exterior paint shows chipping and
 peeling, facility shall be painted or be covered with artificial
 siding.

3.
 Non-slab constructed
 facilities shall have underpinning and access doors shall be maintained in a
 closed position.

4.
 Ventilation
 openings on raised foundations shall have grills.

(ee)

OUTSIDE GROUNDS

1.
 Exterior areas shall have proper drainage
 with no standing water, open sewage, sink lines or defects of this
 nature.

2.
 The area shall be kept
 clean and free of tall grass or weeds.

3.
 There shall be no discarding of cooking
 waste, mop water and hazardous materials on exterior grounds.

4.
 There shall be no unprotected wells,
 natural or man-made hazards or other obvious physical dangers (e.g. broken
 appliances, inoperable vehicles which do not have current license plates,
 broken furniture, rubbish, debris, etc.)

5.
 If a swimming pool is part of the
 facility, it shall be enclosed by a minimum 4 foot high fence with a locking
 gate. The pool shall be properly maintained and cleaned.

Notes

Ala. Admin. Code
 r. 
580-3-22-.08

New Rule: Filed November
 21, 2008; effective December 26, 2008.

Author:
 DMH/MR Office of Life Safety and
 Technical Services

Statutory Authority:

Code of Ala.
 1975,

 §
 
22-50-11
.

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