Ala. Admin. Code r. 580-3-22-.10

Over Sixteen Bed Residential Facility

This regulation establishes minimum physical facility standards for residential facilities with more than 16 residents licensed by the Alabama Department of Mental Health, covering mental illness, intellectual/developmental disability (mental retardation), and substance abuse residential programs. Operators must comply with fire safety equipment requirements (alarms, sprinklers, extinguishers), structural maintenance, ADA accessibility, egress, sleeping room dimensions, smoking rules, HVAC, electrical, plumbing, and water safety standards. Facilities cannot be occupied until the Commissioner issues a Temporary Operating Authority based on compliance with these DMH/MR minimum physical standards.

Ala. Admin. Code r. 580-3-22-.10 - Over Sixteen Bed Residential Facility 

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(1)
 These minimum standards are for Mental
 Illness, 
 
Mental Retardation and Substance Abuse residential facilities
 with over 16 residents. In addition to these standards, the most current
 edition of the NFPA 101, 
Life Safety Code, Large 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. 
(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,
 to include Annunciator Panel and Emergency Forces
 Notification.

2.
 Electric smoke
 detectors/heat sensors 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.

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.

5.
 Detectors on walls
 shall be mounted with top of detector not less than 4 inches nor more than 12
 inches from the ceiling.

6.
 Smoke
 detectors shall not be located under or within 3 feet of ceiling fan blades or
 air supply diffusers or returns.

7.

 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.

8.
 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.

9.
 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.

10.
 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 shall 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 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

1.
 These facilities shall have two separate
 exits provided on every story and accessible from every part of every story.
 
(Life Safety Code, Large Residential Board and Care
 Occupancies).

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

3.
 Means of egress shall
 be marked with illuminated exit signs.

(e)

ROOM CEILINGS AND HALLWAYS

1.
 The width of hallways shall be not less
 than 60 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 egress 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 must comply with ADA standards.

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

(ii)
 Keys shall
 be maintained by a 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 shall be 8 inches and the minimum tread depth shall be 9
 inches.

4.
 Stairs shall 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 shall 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)

FURNISHINGS, BEDDING, AND DECORATIONS.
 Draperies, curtains,
 upholstered furniture and mattresses shall be fire retardant in accordance with
 NFPA 101 Life Safety Code Chapter 10.

(k)

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.

(l)

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.

(m)

FLAMMABLES AND COMBUSTIBLES

1.

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

(n)

OPEN
 FLAME DEVICES

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

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

(o)

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. 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.

(p)

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.

(q)

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.
 Commercial cooking equipment shall be
 provided and equipped in accordance with NFPA 96 ( 
Standards for
 Ventilation Control and Fire Protection of Commercial Cooking
 Operations).

5.
 Ceiling
 fans shall be installed to maintain a minimum clearance of 7 feet between the
 finished floor and the ceiling fan blades.

6.
 Smoke detectors shall not be located under
 nor within 3 feet of ceiling fan blades or air supply diffusers or
 returns.

7.
 No heater shall have
 exposed electric elements and shall be equipped with tip-over devices for
 automatic shutoff.

8.
 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.

9.
 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.

(r)

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 individual 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. Non-operable equipment shall be repaired or removed from
 the premises.

4.
 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.

5.
 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.

6.
 No extension cords shall be used as a
 permanent wiring source.

7.

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

8.
 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.

9.
 Electrical
 breaker/fuse panels shall contain interior cover plates and blank covers where
 breakers/fuses are missing.

10.

 Interior electrical breaker panels are required to have operational
 locks.

11.
 Breakers shall be
 labeled as to the location of the circuits.

12.
 Telephone service shall be provided in
 each facility.

(s)

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.

(t)

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

(u)

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 insure safe location, construction, maintenance and
 operation of the system.

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

(v)

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.

(w)

CONTROL OF INSECTS/RODENTS.

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

(x)

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.

(y)

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.

(z)

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.

(aa)

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

(bb)

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.

(cc)

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

(dd)

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 good removed from original containers shall
 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 are to be stored at a height of
 at least six inches above floor level.

7.
 Cleaning supplies shall be stored below
 food items.

(ee)

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.

(ff)

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-.10

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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