Ala. Admin. Code r. 580-3-22-.09

Four To Sixteen Bed Residential Facility

This regulation establishes minimum physical facility standards for residential facilities housing 4 to 16 residents under Alabama's Department of Mental Health, covering programs serving persons with mental illness, intellectual/developmental disabilities (mental retardation), and substance use disorders. Operators must comply with detailed requirements for fire safety equipment, building maintenance, ADA accessibility, egress, sleeping room dimensions, ventilation, electrical systems, and water supply. Facilities cannot be occupied until the Commissioner issues a Temporary Operating Authority based on compliance with these physical plant standards.

Ala. Admin. Code r. 580-3-22-.09 - Four To Sixteen Bed Residential Facility 

 State Regulations 

 Compare

(1)
 These minimum standards are for Mental
 Illness, Mental Retardation and Substance Abuse residential services housing 4
 to 16 residents. In addition to these standards, the most current edition of
 the NFPA 101, 
Life Safety Code, Small Residential Board and Care
 Occupancy,
 International Building Code and National Electrical Code
 shall apply.

(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.
 Fire alarm systems shall be installed,
 tested and maintained in accordance with NFPA 70, 
National Electrical
 Code,
 and NFPA 72, 
National Fire Alarm
 Code.

2.
 Electric smoke
 detectors/heat sensors shall be installed and connected to the electrical
 system (recommend battery backup) and shall be connected in series so when one
 detector sounds all detectors will sound.

3.
 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.

4.
 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.

5.
 Smoke detectors shall not be located under
 or within 3 feet of ceiling fan blades or air supply diffusers or
 returns.

6.
 When a required fire
 alarm system is out of service for more than 4 hours in a 24 hour period,
 DMH/MR shall be notified and an approved fire watch shall be provided for the
 entire period until the fire alarm system has been returned to
 service.

7.
 Automatic sprinkler
 systems shall be required in compliance with NFPA 101, 
Life Safety
 Code
 and installed and maintained in accordance with NFPA 13. Existing
 facilities as defined herein (see
 
580-3-22-.02
(8)
)
 are exempt from sprinkler system requirements. However, facilities which would
 be required to have such systems absent this exemption are required to have
 operable fire alarm systems or smoke detectors. Additionally, all new
 construction will comply with NFPA 101 and NFPA 13.

8.
 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 the floor.

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

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

9.
 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 inspection by
 DMH/MR.

(b)

MAINTENANCE

1.
 Facilities shall
 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, shall 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 a walker or confined to a 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 one (1) primary means of escape ( 
Life Safety Code, Residential
 Board and Care Occupancy).

2.
 The primary means of escape shall be a
 door no less than 32 inches in width. Doors on facilities with physically
 disabled persons shall comply with ADA Standards.

(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 32 inches wide and not less than 6 feet 8
 inches high.

2.
 Bathrooms and
 closet doors shall be not less than 24 inches wide.

3.
 Doors on facilities with physically
 disabled persons shall 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
 egress 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.

4.
 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.

4.

 There must be a minimum of 36 inches between beds
.

5.
 A permanent constructed closet or a sturdy
 enclosed wardrobe with drawer space as residents may require shall be provided
 for individual belongings.

6.
 Bed
 linens shall be maintained in good condition and free of holes.

7.
 Mattresses and box springs shall be
 maintained in good repair.

8.

 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
 available for review at each inspection.
(i)

 Fire exit drills must 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 shall 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 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.
 Except in emergency situations noted in
 the following, 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 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.
 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.

4.
 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 must 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 shall be repaired or discarded.

(cc)

FOOD PREPARATION/STORAGE

1.
 Store opened perishable foods inside
 sealed containers inside the refrigerator.

2.
 Store reclaimed cooking oil inside sealed
 containers.

3.
 Store opened dry
 goods inside sealed containers. Dry goods removed from original containers must
 be dated and properly labeled.

4.

 There shall be no open air thawing of frozen meats.

5.
 Do not store cooking and eating utensils
 or food products under kitchen sink.

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

7.
 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 danger (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-.09

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
.

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox