105 CMR, § 164.404

Current through Register 1536, December 6, 2024
Section 164.404 - Physical Plant
(A)Inspections. The Licensed or Approved Provider shall post in public areas certificates confirming that all local inspections required for operation of the facility are up to date.
(B)Conformance with 780 CMR: State Board of Building Regulations and Standards. The Licensed or Approved Provider shall comply with the standards specified in 780 CMR, and those standards in 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) regarding heating, electricity, lighting, plumbing and sanitary facilities.
(C)Location. The Licensed or Approved Provider shall ensure that residential rehabilitation facilities meet the following requirements:
(1) The Licensed or Approved Provider shall not post signs or notices that would identify the building as a residential rehabilitation facility, except that programs located in large campuses or health care complexes may post signs to provide direction.
(2) A Licensed or Approved Provider proposing to locate a residential facility within a health care facility shall seek a determination from the Bureau of Health Care Safety and Quality that the residential recovery program in that facility does not jeopardize the status of that facility for purposes of state licensure or federal Medicare or Medicaid certification.
(D)Common Areas. Licensed or Approved Providers shall design and furnish residential facilities in a manner consistent with their use and which provides a homelike setting including:
(1) space for group counseling area that ensures privacy and that is large enough to accommodate the number of adult residents in the facility;
(2) space for residents to use for recreation, reading and quiet time;
(3) laundry facilities;
(4) closets, cabinets, or other closed spaces for storage of residents' belongings;
(5) nightlights in corridors and bathrooms;
(6) in programs where children reside, a separate indoor play area for children, which includes closets or cabinets for storage of play material and an outdoor play area; and
(7) None of the areas listed in 105 CMR 164.404(D)(1) through (6) may be used as bedrooms.
(E)Bathrooms and Personal Hygiene. The Licensed or Approved Provider shall ensure that:
(1) Facilities shall be in compliance with 248 CMR 10.00: Uniform State Plumbing Code;
(2) Female and male residents have separate toilet and bathroom facilities;
(3) All rooms containing toilets, bathtubs and/or showers are equipped with a door, and have ventilation to the outside through a window or extractor vent;
(4) Rooms containing a toilet or shower shall be separate and allow for privacy;
(5) Washbasins are located in the same room as or in close proximity to toilets;
(6) All showers and tubs are equipped with a nonslip surface or mat;
(7) All toilets have seats;
(8) Sanitary hand washing requirements and procedures are posted in restrooms and diapering areas, and Licensed or Approved Provider familiarizes staff and families with these procedures;
(9) Staff and residents use disposable gloves during toileting and diaper changing of children, and dispose of soiled diapers and gloves in a container with a secure lid; and (10) Restrooms are maintained in good repair and a sanitary manner, cleaned daily, and supplied with sufficient soap, paper towels and toilet paper at all times.
(F)Sleeping Rooms.
(1) All sleeping rooms shall be near toilet, lavatory, and bathing facilities.
(2) Female and male adult residents shall have separate sleeping quarters. Licensed or Approved Providers may permit couples to share sleeping quarters if space permits.
(3) Sleeping areas shall be designed to promote comfort and provide adequate space and privacy for residents; and shall meet the requirements of 780 CMR: State Board of Building Regulations and Standards including, but not limited to:
(a) A separate bed for each resident; and
(b) A crib for each child two years old or younger;
(4) The Licensed or Approved Provider shall ensure that pillows are not used in cribs;
(5) The Licensed or Approved Provider shall provide the following basic equipment and supplies:
(a) a twin-size bed with a twin mattress and waterproof mattress cover; cots may not be used;
(b) adequate drawer and closet space for storage of personal belongings;
(c) an adequate supply of bed linens, pillows, blankets, washcloths and towels in good condition. Linens, blankets, washcloths and towels shall be laundered at least once a week; and
(d) a toothbrush, toothpaste and basic hygiene materials.
(6) Residents shall be permitted to decorate their sleeping areas with their personal possessions, such as pictures and posters consistent with the rules and philosophy of the program.

105 CMR, § 164.404

Amended by Mass Register Issue 1482, eff. 11/11/2022.