Or. Admin. R. 411-325-0140

Current through Register Vol. 63, No. 8, August 1, 2024

Section 411-325-0140 - Physical Environment

(1) All floors, walls, ceilings, windows, furniture, and fixtures must be kept in good repair, clean, and free from odors. Walls, ceilings, and floors must be of such character to permit frequent washing, cleaning, or painting.

(2) The interior and exterior must be well and safely maintained and accessible according to individuals' needs.

(3) The water supply and sewage disposal must meet the requirements of the current rules of the Oregon Health Authority governing domestic water supply.

(4) A public water supply must be utilized if available. If a non-municipal water source is used, a sample must be collected yearly by a provider, sanitarian, or technician from a certified water-testing laboratory. The water sample must be tested for coliform bacteria and action taken to ensure potability. Test records must be retained for three years.

(5) Septic tanks or other non-municipal sewage disposal systems must be in good working order.

(6) Incontinence garments must be disposed of in closed containers.

(7) A provider must establish and implement a policy for the appropriate disposal of biohazards and medical waste.

(8) All heating and cooling devices and systems must be installed in accordance with current building codes and must be in working order. Areas of a home used by individuals must be maintained at a temperature within a comfort range reasonable for the individuals residing in the home. Minimum temperatures when individuals are in the home may not be less than 60 degrees Fahrenheit.

(a) During times of extreme summer heat, a provider must make every reasonable effort to make the individuals comfortable and safe using ventilation, fans, or air conditioners. The temperature in a home may not exceed 85 degrees Fahrenheit.

(b) If an individual's needs require a strictly maintained temperature or temperatures outside of a reasonable comfort range, a provider must maintain the environment according to the individual's needs as identified in the individual's ISP.

(9) Screening for workable fireplaces and heaters with exposed heating elements must be provided.

(10) Handrails must be provided on all stairways.

(11) Yard and exterior steps must be accessible and appropriate to the needs of the individuals.

(12) Swimming pools, hot tubs, saunas, or spas must be equipped with safety barriers or devices designed to prevent accidental injury and unsupervised access.

(13) Sanitation for household pets and other domestic animals must be adequate to prevent health hazards. Proof of current rabies vaccinations and any other vaccinations that are required for the pet by a licensed veterinarian must be maintained on the premises. Pets not confined in enclosures must be under control and may not present a danger or health risk to individuals or guests.

(14) All measures necessary must be taken to prevent the entry of rodents, flies, mosquitoes, and other insects.

(15) The interior and exterior of a home must be kept free of litter, garbage, and refuse.

(16) Any work undertaken at a home including, but not limited to, demolition, construction, remodeling, maintenance, repair, or replacement must comply with all applicable state and local building, electrical, plumbing, and zoning codes.

(17) A provider must comply with all applicable legal zoning ordinances pertaining to the number of individuals receiving services at the home.

(18) TELEPHONE.

(a) A telephone must be provided in the home.

(A) The telephone must be available and accessible for individuals 18 years of age and older.

(B) Individuals less than 18 years of age must have reasonable access to the telephone.

(b) The following emergency telephone numbers must be located in an accessible place within a home:

(A) Local CDDP;

(B) Police, fire, and medical, if not served by 911;

(C) Provider agency on-call or designee;

(D) Emergency physician; and

(E) Additional people to be contacted in the case of an emergency.

(c) Telephone numbers for making complaints or a report of alleged abuse to the Department, the local CDDP, and Disability Rights Oregon must also be posted.

(d) A licensee must notify the Department, individuals, and as applicable the individuals' families, legal representatives, and service coordinators, of any change in the home's telephone number within 24 hours of the change.

(19) A poster for the Residential Facilities Ombudsman Program must be posted in a conspicuous location in accordance with ORS 443.392 no later than July 1, 2019.

Or. Admin. R. 411-325-0140

SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04; SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04; SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13; APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; APD 24-2016, f. & cert. ef. 6/29/2016; APD 13-2019, amend filed 02/14/2019, effective 2/15/2019

Statutory/Other Authority:ORS 409.050, 441.715, 443.450 & 443.455

Statutes/Other Implemented:ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991