Cal. Code Regs. tit. 22 § 81087

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 81087 - Buildings and Grounds
(a) The facility shall be clean, safe, sanitary and in good repair at all times for the safety and well-being of clients, employees and visitors.
(1) The licensee shall take measures to keep the facility free of flies and other insects.
(2) The licensee shall provide for the safe disposal of water and other chemicals used for cleaning purposes.
(b) All clients shall be protected against hazards within the facility through the provision of the following:
(1) Protective devices including, but not limited to, nonslip material on rugs.
(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard shall be kept free of obstruction.
(d) Stairways, inclines, ramps, open porches, and areas of potential hazard to clients whose balance or eyesight is poor shall not be used by clients unless such areas are well lighted and equipped with sturdy hand railings.
(e) Bedrooms must meet, at a minimum, the following requirements:
(1) No more than two clients shall sleep in a bedroom unless the program justifies a group living arrangement of more than two persons to a room and such arrangement is approved in writing by the licensing agency.
(2) Bedrooms must be large enough to allow for easy passage and comfortable use of any required client assistive devices, including, but not limited to, wheelchairs, walkers, or oxygen equipment, between beds and other items of furniture specified in Section 81088(i).
(3) No room commonly used for other purposes shall be used as a bedroom for any person.
(4) No client bedroom shall be used as a public or general passageway to another room, bath, or toilet.
(f) Facilities shall meet the following requirements in laundry areas:
(1) Space and equipment for washing, ironing and mending of personal clothing.
(2) Space used for soiled linen and clothing shall be separated from the clean linen and clothing storage and handling area.
(g) The licensee shall have the authority to use a centralized service facility to provide laundry or food service to two or more licensed facilities if the use of the centralized facility does not result in a violation of Section 81076 or Section 81088 and the licensing agency has issued prior written approval.
(h) There shall be space available in the facility to serve as an office for business, administration, and admission activities.
(i) General permanent or portable storage space shall be available for the storage of facility equipment and supplies.
(1) Facility equipment and supplies shall be stored in this space and shall not be stored in space used to meet other requirements specified in this Chapter.
(j) All licensees serving clients who have physical handicaps, mental disorders, or developmental disabilities shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water through a pool cover or by surrounding the pool with a fence.
(1) Fences shall be at least five feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use.
(A) If licensed prior to June 1, 1995, facilities with existing pool fencing shall be exempt from the fence requirements specified in Section 81087(j)(1) until such fence is replaced or structurally altered. If the licensee replaces or alters the fence, the licensee shall be required to meet the fence requirements specified inSection 81087(j)(1).
(2) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 81087(j)(1).
(k) All in-ground pools and above-ground pools which cannot be emptied after each use shall have an operative pump and filtering system.
(l) The licensee shall ensure that items which could pose a danger if readily available to clients, including but not limited to disinfectants, cleaning solutions and poisons are stored where inaccessible to clients.
(1) Storage areas for poisons shall be locked.
(m) Notwithstanding Section 81087 (l) above, firearms, weapons, and ammunition, assembled or unassembled, shall not be permitted in the facility or on the facility property.
(n) Notwithstanding Section 81087 (l), cleaning supplies, cleaning solutions and disinfectants may be made available to clients provided all of the following conditions are met:
(1) These products are made available in order to meet the client involvement requirements for an individual client as specified in the California Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5, Section 532.4.
(2) These products shall only be made available to clients who can use the products without being a danger to themselves or others as determined by the assessment required in Section 81068.2(b)(6).
(3) The licensee ensures that, if necessary, facility staff instruct clients on how to safely handle and use these products. Any such instruction shall be documented in the client's file; and shall include the date the instruction was provided, and the name and the signature of the staff person providing the instruction.
(4) The licensee ensures that products are inaccessible to any client for whom these products may pose a danger if readily available.
(o) Medicines shall be stored separately from other items specified in 81087(l) and 81087(n) above.
(p) The items specified in Section 81087 (l) shall not be stored in food storage areas. The items specified in Section 81087 (l) shall not be stored in storage areas used by or for clients unless they are being stored to meet the provisions of Section 81087(n).

Cal. Code Regs. Tit. 22, § 81087

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Amendment of subsections (b) and (b)(2) filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
3. Change without regulatory amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
4. Amendment of subsection (l), new subsections (n)-(n)(4), subsection relettering and amendment of newly designated subsections (o) and (p) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7) and 1531, Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Amendment of subsections (b) and (b)(2) filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
3. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
4. Amendment of subsection (l), new subsections (n)-(n)(4), subsection relettering and amendment of newly designated subsections (o) and (p) filed 9-7-2017; operative 9/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).