37.100.421    COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH AND SAFETY CERTIFICATION

(1) A community home will only be licensed by the department if there is written certification from the local or state health authority that the home meets the following requirements:

(a) For an adequate and potable water supply, a community home must:

(i) connect to a public water supply system approved by the state department of environmental quality; or

(ii) meet the standards set forth in the appropriate circular listed below if the community home utilizes a non-public water system. The department hereby adopts and incorporates by reference the following circulars prepared by the department of environmental quality which set forth the relevant water quality standards. These circulars are available from the Department of Environmental Quality, 1520 East Sixth Avenue, Helena, Montana 59620.

(A) circular #11 for springs;

(B) circular #12 for water wells;

(C) circular #17 for cisterns;

(D) community homes using a non-public water supply must submit a water sample for analysis at least quarterly to a laboratory licensed by the department of public health and human services;

(iii) repair or replace the water system when the supply:

(A) contains microbiological contaminants; or

(B) does not have the capacity to provide adequate water for drinking, cooking, personal hygiene, laundry, and water carried waste disposal.

(b) For sewage to be safely disposed of, a community home must:

(i) connect to public sewage system approved by the department of environmental quality; or

(ii) meet the standards set by department of environmental quality bulletin 332 if a non-public system is utilized. The department hereby adopts and incorporates by reference bulletin 332, prepared by the Montana department of environmental quality, which sets forth standards for sewage disposal. A copy of bulletin 332 may be obtained from the Department of Environmental Quality, 1520 East Sixth Avenue, Helena, Montana 59620; and

(iii) repair or replace the sewage system whenever:

(A) it fails to accept sewage at the rate of application;

(B) seepage of effluent from or ponding of effluent on or around the system occurs;

(C) contamination of a potable water supply or state waters is traced to the system; or

(D) a mechanical failure occurs.

(c) For solid waste to be safely stored and disposed of, a provider must:

(i) store all solid waste between collections in containers which have lids and are corrosion-resistant, flytight, watertight, and rodent-proof;

(ii) clean all solid waste containers as needed; and

(iii) utilize a private or municipal hauler to transport the solid waste at least weekly to a landfill site approved by the department of environmental quality.

(d) For safety and sanitation a provider must comply with the following structural requirements:

(i) All rooms and hallways must be provided with at least 10 footcandles of light, and bathrooms and areas used for reading must be provided with at least 30 footcandles of light.

(ii) Floors and walls of rooms subject to large amounts of moisture must be smooth and non-absorbent.

(iii) Floor and wall mounted furnishings must be easily moved or mounted in such a way as to allow for easy cleaning.

(iv) Adequate toilet and bathing facilities must be provided:

(A) one toilet and one sink for every four residents;

(B) one tub or shower for every four residents;

(C) drying space for wash cloths and towels; and

(D) bathing facilities and stairs must be provided with anti-slip surfaces.

(v) Food preparation facilities must be equipped with at least the following:

(A) facilities to adequately wash utensils and equipment;

(B) refrigeration equipment capable of maintaining foods at or below 45 E F;

(C) cooking facilities;

(D) adequate and clean food preparation and storage areas;

(E) equipment to insure all food is transported, stored, covered, prepared and served in a sanitary manner.

(vi) Separate storage of clean and dirty linen shall be provided.

(vii) Storage space shall be available for the personal belongings of residents and for food, linen, equipment and other household supplies.

(viii) There shall be hot and cold water available in the home. Water temperatures for hot water must be limited to 120 E F or below.

(e) For adequate housekeeping a provider must insure that:

(i) the building and grounds are free, to the extent possible, of harborage for insects, rodents, and other vermin;

(ii) the floors, walls, ceilings, furnishings, and equipment are in good repair, free of hazards, clean and free from offensive odors;

(iii) cleaning equipment and supplies are provided in sufficient quantity to meet housekeeping needs of the facility; and

(iv) a maintenance policy and schedule is adhered to which describes the regular maintenance of the home and yard. The maintenance policy shall include type of duties, methods and timelines relating to housekeeping, repairs, and general prevention of accidents and health dangers.

(f) Poisonous compounds shall not be stored in food preparation areas or food storage areas or in any areas where residents may initiate unsupervised contact.

(g) Drugs shall be stored under proper conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security. Outdated and deteriorated drugs and drugs not being used must be removed and disposed.

(h) Use of home canned products other than jams, jellies and fruits is prohibited unless the home is approved as a commercial food processor.

(2) Local health sanitarians are permitted to charge a reasonable fee for their inspection services to the applicant.

History: Sec. 53-19-112, MCA; IMP, Sec. 53-19-112 and 53-19-113, MCA; NEW, 1985 MAR p. 1774, Eff. 11/15/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667.