Ala. Admin. Code r. 580-3-22-.13

Apartment And Individual Dwelling Units

This regulation establishes minimum physical facility and life safety standards for apartment and individual dwelling units (three or fewer residents) operated under Alabama Department of Mental Health certification, covering persons with mental illness, intellectual disabilities, or substance use disorders. Facility operators must comply with requirements for fire safety equipment, means of egress, room dimensions, ADA accessibility, heating/cooling, electrical systems, and water temperature. Facilities must obtain a Temporary Operating Authority (TOA) from the Commissioner before occupancy and maintain ongoing documentation of safety inspections, fire drills, and equipment checks.

Ala. Admin. Code r. 580-3-22-.13 - Apartment And Individual Dwelling Units 

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(1)
 The Department of Mental Health and
 Mental Retardation is continually working to de-stigmatize the public
 perception of those with disabilities. It is the mission of the Department of
 Mental Health and Mental Retardation to assist persons with mental illnesses,
 intellectual disabilities or substance use disorders to live in their
 communities without restrictions; therefore, the Office of Life Safety and
 Technical Services will not conduct life safety reviews in apartments or
 dwelling units leased or sub-leased by individuals for use as their
 homes.

(2)
 These minimum standards
 are for Mental Illness, Mental Retardation and Substance Abuse Apartment
 dwelling units containing 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. 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.

(3)
 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 an Apartment
 Dwelling Unit. 
(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.

4.
 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.

 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.

7.
 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 be not less than 24 inches.

(iii)
 The bottom of the window opening (sill)
 shall be not 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.

(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 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 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 or 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. There shall be a minimum of 36 inches
 between beds.

4.
 A permanent
 constructed closet or a sturdy enclosed wardrobe with drawer space as residents
 may require 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 the bedroom.

2.

 A nonflammable container shall be provided for disposal of smoking
 debris.

(l)

FLAMMABLES AND COMBUSTIBLES.
 Flammable or combustible liquids
 shall not be stored inside the apartment dwelling unit.

(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.
 If there is staff assigned in the
 apartment dwelling unit, 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.
(i)
 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.
(i)
 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. Light
 fixtures and lamps shall have shields, globes, protective tubes or shades in
 good condition.

2.
 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.

3.
 Apartment bedrooms
 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 WITHIN DWELLING
 UNITS

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 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.
 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 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 6 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 dangers (e.g. broken
 appliances, inoperable vehicles which do not have current license plates,
 broken furniture, rubbish, debris, etc.)

Notes

Ala. Admin. Code
 r. 
580-3-22-.13

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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