N.D. Admin. Code 75-03-40-47

Current through Supplement No. 395, January, 2025

Section 75-03-40-47 - Buildings, grounds, and equipment

1. A facility shall comply with all state, county, and local building and zoning codes and ordinances as well as all applicable state, county, and local safety, sanitation laws, codes, and ordinances.

2. A facility must be inspected annually by the local fire department or the state fire marshal's office. A facility shall correct any deficiencies found during these inspections. The facility shall keep a written report of the annual inspection and provide a copy to the department, including evidence of correction of noted deficiencies. All chimneys, flues, and vent attachments to combustion-type devices must be structurally sound, appropriate to the unit or units attached to them, and cleaned and maintained as necessary to provide safe operation. The heating system of each facility, including chimneys and flues, must be inspected at least once each year by a qualified individual.

3. A facility shall have a 2A 10BC fire extinguisher certified by Underwriters' Laboratories, maintained in accordance with the manufacturer's instructions, and located in areas defined in the fire code. All required fire extinguishers must be checked once a year and serviced as needed. Each fire extinguisher must have a tag or label securely attached indicating the month and year the maintenance check was performed last completed.

4. The facility shall have smoke detectors installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code.

5. If applicable, the facility shall have carbon monoxide detectors installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code.

6. The facility may install automatic sprinklers in bedrooms, hallways, and areas required by fire code. If an automatic sprinkler system is installed, it must be inspected annually and a copy of the inspection must be provided to the department.

7. The facility must be equipped with furnishings suitable to the needs of the residents. Recreational space and equipment must be safe, functional, and available for all residents.

8. The facility shall have one centrally located living room for the informal use of residents.

9. The facility shall have a dining room area large enough to accommodate the number of residents served.

10. A facility shall provide space and privacy for individual interviewing and counseling sessions. This space must be separate and apart from rooms used for ongoing program activities.

11. A facility shall have bedroom accommodations for the residents as follows:

a. The facility shall have at least one bedroom for each three residents;

b. The facility may not permit nonambulatory residents to sleep above or below the ground floor;

c. There may be no more than one resident per bed, and triple bunks are prohibited;

d. All bedrooms must have at least one window that can open to the outside. A facility may implement further restrictions such as a safety lock to the window, if it is determined to be a benefit for resident safety. If a lock is placed on a bedroom window, the facility must have an automatic sprinkler system and fire alarm system installed and notify the department in writing this additional safety measure has been implemented. Notification to the department must include policy surrounding the need and duration;

e. A sleeping room may not be in an unfinished attic, hallway, or other room not normally used for sleeping purposes;

f. A basement that has over half its outside walls below grade and no door opening directly to the outside may not be used for bedrooms, unless the bedroom space has egress windows;

g. Furnishings must be safe, attractive, easy to maintain, and selected for suitability to the age and development of the residents; and

h. A facility shall have sufficient individual storage areas to accommodate resident's clothing and other personal belongings.

12. A facility shall have one complete bathroom to include a toilet, washbasin, and a tub or shower for each six residents and:

a. All bathroom facilities must be indoors, equipped with hot and cold running water, and kept clean;

b. When bathroom units contain more than one toilet, tub, or shower, each must be in a separate compartment; and

c. The facility shall provide bathrooms with nonslip surfaces in showers or tubs.

13. Facilities shall ensure kitchen equipment and area meet the standards prescribed by the department for food and beverage establishments. Compliance with these standards must be documented annually and inspection documentation must be provided to the department. A facility shall ensure:

a. Food storage space is clean, and containers are covered and stored off the floor;

b. Dishes, cups, and drinking glasses used by the residents are free of chips, cracks, and other defects, and are sanitized after every use by a washing process, sanitization solution, and air-drying or commercial dishwasher; and

c. Kitchen floors are reasonably impervious to water, slip-resistant, and maintained in a clean and dry condition.

14. Laundry facilities must be located in an area separate from areas occupied by residents. Space for sorting, drying, and ironing must be made available to residents who are capable of handling personal laundry.

15. The water supply of a facility must be from an approved municipal system where available. Where a municipal system is not available, a water sample must pass the approved drinking water standard bacteriological water analysis testing. The facility shall obtain results from an environmental protection agency approved laboratory for testing through licensing with the department of environmental quality.

16. Alcohol, tobacco, and vaping is prohibited in the facility.

17. All toxic cleaning supplies, aerosols, chemical, agricultural and ground maintenance chemicals, pesticides, and other poisons must be stored in a locked cabinet.

18. All shampoos, body wash, hand sanitizers, and perfumes, must be distributed in a limited quantity based on the individual needs of the resident. These items must be stored in a locked cabinet when not distributed to residents.

19. Firearms are prohibited in program or living areas of a facility premises. Firearms kept at any other location on the facility premises must be stored in a locked and secure area.

20. A facility shall have a quiet area to be used for studying and furnished for that purpose.

21. All rooms in a facility must have adequate lights, heat, and ventilation. All bathrooms must have proper ventilation.

22. Buildings and grounds of a facility must be maintained in a clean, comfortable, sanitary, and safe condition.

a. The facility may not be located within three hundred feet [91.44 meters] of an aboveground storage tank containing flammable liquids used in connection with a bulk storage or other similar hazards;

b. The grounds must be attractive, well-kept, and spacious enough to accommodate recreational areas that take into consideration the age and interest levels of residents;

c. Rooms, exterior walls, exterior doors, skylights, and windows must be weathertight and watertight;

d. Stairways, porches, and elevated walks and ramps must have structurally sound and safe handrails;

e. Buildings must be free of unabated asbestos; and

f. Lead paint may not be used within a building or on the exterior, grounds, or recreational equipment.

23. Any nonhousing buildings located on the facility property must be locked when not in use by personnel or residents. Residents must be supervised by an employee when entering a nonhousing building.

24. All pet inoculations must comply with the local and state requirements.

N.D. Admin Code 75-03-40-47

Adopted 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

Law Implemented: NDCC 50-11-02