Statutes, codes, and regulations
Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113)
Private Non-Medical Institutions
Section 144-113-IV-16 - Sanitation/Physical Plant Requirements

10-144-113 Me. Code R. § IV-16

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Current through 2024-51, December 18, 2024
Section 144-113-IV-16 - Sanitation/Physical Plant Requirements
16.1 Facility design. The facility shall be designed, operated and maintained in a manner appropriate to the special needs of the population to be served.
16.2 Passable road. The facility shall be served by a road that is regularly maintained and passable at all times of the year. [Class III]
16.3 Heating systems. There shall be a central heating plant connected to each room or area used by residents or staff by means of a radiator, convector or register. The heating system must be capable of maintaining a temperature of seventy-five degrees (75°) Fahrenheit throughout resident areas of the facility. Alternate types of heating systems may be approved by the Department, if a uniform temperature of seventy-five degrees (75°) Fahrenheit can be maintained. Systems other than electric heating shall have an annual inspection and the heating source shall be tagged as being inspected.
16.4 Temperature. Resident areas of the facility shall be maintained at a temperature of seventy degrees (70°), or higher as necessary to ensure the comfort of the residents. Thermometers shall be placed in all resident areas. This does not apply to bedrooms where residents control the temperature. [Class III]
16.5 Renting space.
16.5.1 The distinct part of the facility licensed pursuant to these regulations shall have no rented apartments, rooms or space for persons other than residents, except when used by the licensee, administrator, immediate family members or employees of the facility.
16.5.2 Adult Day Services may be provided in the facility to persons residing outside of the facility, with written approval from the Department to provide such services. The facility must have adequate physical plant and staffing and, if providing Adult Day Services to three or more consumers, must meet the requirements of 3.10.
16.6 General condition of the facility and surrounding premises.
16.6.1 The facility and surrounding premises shall show evidence of routine maintenance and housekeeping and repair of wear and tear shall be made in a timely fashion.
16.6.2 The administrator shall take immediate steps to correct any condition in the physical facility or on the premises, which poses a danger to a resident's life, health or safety. [Class II, III]
16.7 Toilets and bathing facilities.
16.7.1 In existing facilities, a bathroom equipped with flush toilets and hand-washing facilities at a ratio of at least one (1) flush toilet for each six (6) users shall be available. Users include residents, as well as staff on duty. Facilities shall have adequate toilet facilities for staff and visitors separate from those toilets in private resident rooms. There shall be a mirror over each sink. All facilities are required to have hard-wired, wireless or battery-operated call bell systems in bathrooms, unless the bathroom is designated for non-resident use.
16.7.2 In new construction projects licensed on or after July 1, 2003, there shall a bathroom equipped with flush toilets and hand washing facilities at a ratio of at least one (1) flush toilet for each six (6) residents. There shall be at least one (1) dedicated staff bathroom. There shall also be public bathrooms at a ratio of:
16.7.2.1 1-25 residents - one public bathroom
16.7.2.2 26-50 residents - two public bathrooms
16.7.2.3 51-75 residents - three public bathrooms
16.7.2.4 76-100 residents - four public bathrooms
16.7.2.5 101-125 residents - five public bathrooms
16.7.2.6 126-150 residents - six public bathrooms

There shall be a mirror over each sink. All facilities are required to have hard-wired, wireless or battery-operated call bell systems in bathrooms, unless the bathroom is designated for non-resident use.

16.7.3 An adequate supply of hand-cleansing soap or detergent shall be available at each lavatory. An adequate supply of paper towels or an approved hand-drying device shall be available and conveniently located near the lavatory. Common towels and drinking cups are prohibited. This section does not apply to lavatories in private resident rooms with private baths. [Class III]
16.7.4 Flush toilets shall be located indoors and be in good repair, ventilated to the outside and maintained in a sanitary condition. [Class III]
16.7.5 Commodes, urinals and bedpans used in resident bedrooms shall be clean and sanitary.
16.7.6 In order to accommodate resident privacy, doors or stalls shall have locks.
16.7.7 For facilities initially licensed prior to May 30, 2002, there shall be bathing facilities at a ratio of one (1) per fifteen (15) users. For facilities initially licensed on or after May 30, 2002, there shall be bathing facilities at a ratio of one (1) per ten (10) users. All facilities are required to have at least one (1) bathtub and one (1) shower.
16.7.8 Facilities initially licensed after May 29,1998, shall have at least one (1) tub or shower for each floor that has resident bedrooms.
16.7.9 Knock lights and visual alarms shall be installed in bathrooms when there is a deaf or severely hard of hearing resident or staff member.
16.7.10 All bathing facilities shall be equipped with grab bars that meet the Americans with Disabilities Act standards. All bathing facilities are required to have hard-wired, wireless or battery-operated call bell systems. Bathing facilities shall afford safety and privacy and shall be maintained in a sanitary condition. Facilities initially licensed after July 1, 2003, shall have a toilet and hand-washing sink in each bathing facility.
16.7.11 For all facilities initially licensed on or after May 30, 2002, there shall be at least one (1) bathroom that includes, at a minimum, a toilet and hand-washing sink on each floor that has resident bedrooms.
16.8 Handrails. Inside and outside stairs and ramps used by residents shall be equipped with handrails and have Life Safety Code compliant guards on each side. [Class III]
16.9 Telephone available. There shall be a telephone with a listed number available and located in an area designated for residents that provides maximum privacy. For facilities with ten (10) residents or more, a telephone line dedicated for residents' use, separate from the facility's business telephone, must be provided. All local calls shall be free of charge to the resident.
16.10 Water temperatures. Water temperatures in resident areas shall not exceed one hundred twenty degrees (120°) Fahrenheit. Hot water shall be supplied in adequate quantities. [Class III]
16.11 Living and dining areas. The facility shall provide a distinct living area and a distinct dining area, with comfortable furnishings appropriate to the use of the room(s). No folding chairs or patio furniture shall be used. These areas shall be well lighted and free of hazards. Living and dining areas shall have window space at a minimum equal to one tenth (1/10) of the floor space.
16.12 Resident rooms. The following standards shall apply to resident rooms:
16.12.1 A minimum of one hundred (100) square feet of usable floor space per person shall be provided in a bedroom designed for single occupancy;
16.12.2 A minimum of eighty (80) square feet of usable floor space per person shall be provided in multiple occupancy bedrooms;
16.12.3 Usable floor space shall be calculated only for that floor space having a ceiling height of at least six (6) feet, except for the criterion described in Section 16.12.4. Corridors, passageways, vestibules, kitchenettes, closets and alcoves shall be excluded from the calculations of usable floor space. In a unit with a kitchenette, a minimum of thirty (30) square feet shall be deducted for kitchenette space;
16.12.4 Usable floor space shall include on a 2:1 basis the areas having a ceiling height of between four (4) and six (6) feet. (Two [2] square feet yields one [1] usable square foot.) Up to twenty (20) square feet of this area (yielding up to ten [10] square feet) can be counted toward usable floor space for the room;
16.12.5 Each resident bedroom shall have a solid door which can be closed. A visual alerting system, such as a knock light or exterior light switch, shall be installed at the bedroom door for any resident who is deaf or severely hard of hearing;
16.12.6 Each resident bedroom shall have at least one (1) exterior wall and a window glass equal to at least one tenth (1/10) of the minimum floor space required by Sections 16.12.1 and 16.12.2. Windows shall be operable and equipped with window shades or an equivalent and curtains or drapes that provide privacy. Window covers must be kept in good repair. All bedrooms must have at least one (1) window in each room that can be opened. In resident rooms with air conditioners, one window must be openable if an egress window is required;
16.12.7 Each resident bedroom shall have direct access to a corridor without passing through a bathroom or another resident's bedroom. No resident room shall be used for access to other rooms or corridors; [Class III]
16.12.8 Each resident shall be provided with adequate closet, locker or wardrobe space for hanging clothing;
16.12.9 Each resident shall be offered a bed and mattress at least thirty-six (36) inches wide, substantially constructed and in good repair. Rollaway beds, metal cots or folding beds are not acceptable;
16.12.10 Beds shall be placed so they are easily serviceable and not subjected to extremes of heat or cold. No bed shall be placed within three (3) feet of a heating unit, unless the unit is properly protected;
16.12.11 For each bed there shall be offered:
16.12.11.1 A minimum of two (2) dresser drawers;
16.12.11.2 A comfortable non-folding chair in good repair;
16.12.11.3 A bedside table; and
16.12.11.4 A reading lamp.
16.12.12.1 The facility shall permit and encourage residents to use their own furnishings, space permitting;
16.12.13 For residents who need assistance with personal housekeeping, resident rooms and furniture shall be regularly cleaned and well maintained. Resident rooms shall be well lighted and in good repair;
16.12.14 In facilities offering apartment-style or efficiency units, each such unit shall have an "ABC" fire extinguisher readily available. There shall be no portable hot plates;
16.12.15 Kitchen and food preparation areas in apartments shall be located away from possible food contamination sources;
16.12.16 There shall be no more than two (2) beds per room.
16.13 Laundry room. The laundry room shall not be located in an area used to prepare or serve food. The room shall be maintained in a sanitary manner and kept in good repair. The facility shall ensure that linen and clothing are regularly laundered and are handled using proper sanitary techniques. Soiled and clean laundry shall be collected, transported and stored separately. Soiled laundry shall not be carried through food preparation areas unless enclosed in laundry bags. Dryers shall be vented to the exterior of the building.
16.14 Smoking area. Facilities which permit smoking must have a self-contained, adequately ventilated smoking area that is accessible to residents. [Class III]
16.15 Towel, linen and bedding supplies. The facility shall have adequate towel, linen, and bedding supplies in addition to those in use, so that a complete linen change is available in the facility at all times.
16.16 Outside railings. Open porches and verandahs shall have railings that meet the Americans with Disabilities Act and Office of the State Fire Marshal guidelines. [Class II/III]
16.17 Lighting. All areas of the facility shall have sufficient illumination. Candles, courtesy oil lanterns and other open-flame methods of illumination are prohibited. [Class III]
16.18 Requirements for provision of respite care. Respite or emergency care shall only be provided in beds licensed by the Department.
16.19 Other standards. Facilities shall comply with all applicable local, state and federal rules and regulations regarding building safety, fire safety, handicap accessibility and fair housing practices.
16.20 Local regulations. Any local regulations which affect the life safety requirements that are more stringent than those referred to in these rules, shall take precedence.
16.21 Safety requirements:
16.21.1 Portable space heating devices are prohibited. [Class III]
16.21.2 Extension cords are prohibited unless equipped with a fuse mechanism.
16.21.3 Fireplaces may be installed and used only in areas other than resident sleeping areas and must comply with Standards for Chimneys, Fireplaces and Vents (NFPA 211). In addition, fireplaces shall be equipped with heat-tempered glass or other approved material, or fireplace enclosure guaranteed against breakage up to six hundred fifty degrees (650°) Fahrenheit. If, in the opinion of the Office of the State Fire Marshal, special hazards are present, a lock on the enclosure and/or other safety precautions may be required. [Class III]
16.21.4 Freestanding solid fuel burning stoves located in areas accessible to residents shall be surrounded by a non-combustible railing to prevent residents from coming in contact with the stove. This will not pertain to kitchen stoves primarily used for cooking instead of heating. This regulation does not require that the railing be of such construction as to prevent injury when excessive force is applied to it, but rather to prevent residents from coming into casual contact with the stove. If the stove has a protective covering which will not cause burns on contact, a protective railing is not required. [Class III]
16.21.5 Each facility shall develop a fire safety plan in conjunction with, and approved by, local or state fire authorities. [Class III]
16.21.6 A plan noting emergency steps to be taken, evacuation procedures, telephone numbers of police, fire, ambulance, duly authorized licensed practitioners and other individuals deemed necessary shall be posted conspicuously in the home. [Class III]
16.21.7 Timed drills, as described in the applicable chapters of the National Fire Protection Association Life Safety Code, must be used to determine a residential care facility or private non-medical institution's capability to evacuate its residents, unless the facility has elected to complete evacuation scores in lieu of timed drills in accordance with the standards described in the National Fire Protection Association Life Safety Code 101A or when timed drills are not required pursuant to the Life Safety Code. When a new resident has participated in a timed drill in another residential care facility or private non-medical institution within the previous 2 months, the results of that drill may be used to determine evacuation capability in the resident's new facility for a period of up to 4 months.

A record shall be kept on a form provided by the Department showing the date and time of each drill. Providers shall be knowledgeable about and shall inform staff, if applicable, about the use of fire safety equipment in the facility. At the time of admission and on a periodic basis, residents shall be informed of emergency procedures. [Class II]

16.21.8 If, for any reason, the residents are evacuated from the facility other than a planned fire drill, the administrator or a facility representative shall notify the Department at 1-800-383-2441 and the Office the State Fire Marshal immediately after residents are safely evacuated.
16.21.9 Smoke detectors shall be functional at all times. [Class I]
16.22 Water supply. The water supply shall be adequate, of a safe and sanitary quality and from a source, which meets applicable State and local laws and regulations. The following standards shall apply: [Class III]
16.22.1 Water not piped directly from its source shall be transported, handled, sorted and dispensed in a sanitary manner.
16.22.2 Adequate supplies of hot and cold water shall be provided at all hand washing facilities and where equipment and utensils are washed, unless otherwise approved in writing by the Department.
16.22.3 Water supply systems shall be reviewed and approved according to Chapter 231, Drinking Water Rules, adopted by the Department.
16.22.4 The source of all water supplies must be protected from pollution and treated in a manner approved by the Department.
16.22.5 A private water supply shall be tested annually and a satisfactory result must be obtained.
16.23 Sewage disposal.
16.23.1 All water-carried sewage shall be disposed of by means of a public sewerage system or an approved sewage disposal system which is constructed and operated in conformance with applicable State and local laws, ordinances and regulations. [Class III]
16.23.2 Non-water-carried sewage disposal facilities shall not be used, except where water-carried disposal methods have been determined by the Department to be impractical. Under such conditions, only facilities which have been approved by the Department shall be used and operation shall be in conformance with applicable State and local laws, ordinances and regulations.
16.24 Plumbing. All plumbing shall be maintained and comply with applicable state and local plumbing laws, ordinances and rules. [Class III]
16.25 Garbage and rubbish. All refuse collected in common areas or from resident rooms shall be stored in washable, rodent-proof, covered containers pending removal. [Class III]
16.26 Insect and rodent control. There shall be no evidence of rodent or insect infestation. All reasonable precautions will be taken in maintaining a safe, sanitary and comfortable living environment in regards to controlling insects and rodents in the facility. All openings to the outer air shall be protected against the entrance of insects by self-closing doors, closed windows, screening or other effective means. Doors and windows used for ventilation must be screened.
16.27 Poisonous and toxic materials. When not in use, poisonous and toxic materials such as household cleaning solutions, compounds and other non-food supplies, shall be stored in compartments which are used for no other purpose. They shall be separated from the food storage and preparation areas, clean equipment and utensil storage rooms and medication storage areas. Household bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides or other poisonous materials. All containers must be properly labeled for identification. [Class III]
16.28 Animals kept as pets.
16.28.1 Household pets, except fish in aquariums and service animals (e.g., guide dogs), shall not be permitted in common dining areas during meals. [Class III]
16.28.2 No animals, except for service animals (e.g., guide dogs), shall be permitted in common food preparation areas. [Class III]
16.28.3 There shall be proof of rabies vaccinations for household pets. Pets must not present a danger to residents or guests. The facility shall be free of pet odors and waste shall be disposed of regularly. [Class III]

10-144 C.M.R. ch. 113, § IV-16