N.D. Admin. Code 75-03-14-03

Current through Supplement No. 395, January, 2025

Section 75-03-14-03 - Minimum physical standards

The foster care provider shall reside in a dwelling occupied by an individual or a single family. The foster care provider's dwelling must be in compliance with applicable state or local zoning requirements and must meet the following criteria:

1. General dwelling areas must include:

a. Cleanliness, neatness, and may not include hazards that jeopardize health and safety;

b. Adequate light, heat, ventilation, and plumbing;

c. A kitchen with operating sink, refrigerator, stove, and oven;

d. A bathroom with sink, toilet, and bathtub or shower;

e. Interior doors that allow for entry from the outside in an emergency when locked;

f. Exterior doors maintained to permit easy exit;

g. Doors that prevent a child from being trapped, including closet doors that can open from the inside;

h. An operational telecommunications device; and

i. Proper storage of medications, alcohol, poisonous materials, cleaning supplies, and other hazardous materials to prevent access to children, which is appropriate for the age and development of the children in placement.

2. Sleeping space in the dwelling must:

a. Accommodate the size of the household, including an individual bed and bedding for each child in foster care;

b. Prohibit co-sleeping or bed sharing with a child in foster care; and

c. Have more than one exit, including an accessible window that opens to the outside.

3. Fire safety parameters in the dwelling must include:

a. Compliance with local building code and guidelines prescribed by the local fire department or state fire marshal regarding fire safety in a dwelling;

b. Completion of a fire safety self-declaration;

(1) The department may request the foster care provider satisfactorily complete a fire inspection by the local fire inspector or, in the absence of a local fire inspector, the state fire marshal; and

(2) If an inspection is required, the foster care provider shall ensure all deficiencies noted during the inspection are remedied in efforts to obtain a license, certification, or approval;

c. Smoke detectors installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code;

d. Carbon monoxide detectors, where applicable, installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code; and

e. 2A 10BC fire extinguishers certified by Underwriters' Laboratories maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code.

4. Food, water, and milk consumption in the dwelling must include:

a. Food in wholesome condition, free from spoilage or contamination, and safe for human consumption;

b. Water supply in compliance with regulations for human consumption as noted in North Dakota Century Code chapter 33.1-16. Water must be from an approved municipal water system where available. If a municipal system is not available, a water sample must pass the approved drinking water standard bacteriological water analysis testing. The foster care provider shall obtain results from an environmental protection agency laboratory approved by the department; and

c. The milk supply consumed in the family foster home for children must be obtained from a department-approved source.

5. Firearms must be kept in locked storage or trigger locks must be used, and ammunition must be kept separate from firearms.

6. Transportation must be available, reliable, legal, and safe to transport children in placement.

7. Pets belonging to the foster care provider must be properly vaccinated per veterinary guidelines.

8. Swimming pools must meet safety standards prescribed by the department. In the ground or aboveground swimming pools with a depth of four feet or greater must have a barrier on all sides to minimize unsupervised access.

9. Hot tubs on the premises must have a safety cover that is locked when not in use.

N.D. Admin Code 75-03-14-03

Effective December 1, 1984; amended effective July 1, 1993; April 1, 2004; January 1, 2014.

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11-03, 50-11-04

Law Implemented: NDCC 50-11-02