Section He-M 1002.03 - Administrative Requirements(a) A community residence shall be located in areas where other family housing is located.(b) A community residence shall not erect any sign that labels the individuals or functions of the residence.(c) A community residence shall have providers on site whenever there are individuals present in the residence.(d) A community residence shall have no more than 8 persons receiving paid services in the residence. (e) Any community residence serving 4 or more individuals shall be licensed in accordance with RSA 151 and He-P 800. (f) A community residence intending to provide or providing services to 2 or more persons not receiving services through a CMHP shall be licensed in accordance with RSA 151 and He-P 814, as applicable.(g) A community residence shall serve persons who are 18 years of age or older.(h) Prior to hiring or contracting with a person to work in a community residence, the provider agency shall, after obtaining signed and notarized authorization from the person or persons for whom information is being sought: (1) Obtain at least 2 references for the person;(2) Submit the person's name for review against the registry of founded abuse, neglect, and exploitation to ensure that the person is not on the registry pursuant to RSA 169-C:35 or RSA 161-F:49; (3) Complete a criminal records check, no more than 30 days prior to the home opening, to ensure that the person and all adult household members who reside in the residence, 17 years of age or older, excluding individuals, have no history of fraud, felony or misdemeanor conviction;(4) If the person's primary residence is out of state, complete a criminal record check for the person's other state of residence;(5) If the person has resided in New Hampshire for less than one year, complete a criminal records check for the previous state of residence; and(6) Complete a motor vehicles record check to ensure that the potential provider has a valid driver's license, if such provider will be transporting individuals.(i) A provider agency may hire a person with a criminal record listed in (h) above for a single offense that occurred 10 or more years ago in accordance (j) and (k) below;(j) Employment of a person pursuant to (i) above shall only occur if such employment: (1) Is approved in writing by all the individuals residing in the community residence at the time the person becomes employed, the individuals' guardians, if applicable, and the provider agency;(2) Does not negatively impact the health or safety of any individual; and(3) Does not affect the quality of services to individuals.(k) Upon hiring a person pursuant to (i) above, the provider agency shall document and retain the following information in the individual's record: (1) The date(s) of the approvals in (l) above; (2) The name of the individual or individuals for whom the person will provide services; (3) The name of the person hired;(4) Description of the person's criminal offense;(5) The type of service the person is hired to provide;(6) The provider agency's name and address;(7) The certification number and expiration date of the certified program, if applicable; and(8) A full explanation of why the provider agency is hiring the person despite the person's criminal record.(l) Unless a waiver is granted pursuant to (m) below, a provider agency shall not hire a person with a criminal record, other than as specified in (i) above.(m) The department shall grant a waiver of (l) above if, after reviewing the underlying circumstances, it determines that the person does not pose a threat to the health, safety, or well-being of individuals.(n) All personnel shall sign a statement annually, which shall be maintained in the personnel file, stating that since the time of hire they: (1) Have not committed fraud or been convicted of a felony or misdemeanor in this or any other state; and(2) Have not had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person.(o) The provider agency shall obtain the same approval as required in (j) and the same documentation are required in (k) above each time the hired person begins providing services in a new location or to a new individual. (p) A family residence shall have a written agreement with the provider agency that requires, at a minimum, that a list of the names of all persons living in the residence be disclosed to the provider agency. (q) A family residence shall notify the provider agency of any change(s) in the list required in (p) within 30 days. (r) If a provider is not selected by the individual to participate in the service-planning meeting, the case manager shall contact the provider prior to the meeting so that his or her input can be considered. (s) The provider shall ensure implementation of the provisions of the residential service plan and the individual service agreement as written. (t) No provider or other person living or working in a community residence shall serve as the legal guardian of an individual living in that community residence.(u) Community residences shall have personal injury liability insurance for the residence and for vehicles used to transport individuals. (v) Community residences shall maintain certificates of insurance obtained pursuant to (p) above, on file at the premises.(w) A community residence shall be constructed and maintained in accordance with local health and building codes.(x) Living space shall be arranged and maintained as to provide for the health and safety of all household members, as follows:(1) Each community residence shall be maintained in good repair and free of hazard to household members; (2) Each community residence shall be free from environmental nuisances, including loud noise and foul odors;(3) All smoke alarm batteries shall be replaced twice per year;(4) All doors, hallways, and stairs must be unobstructed and uncluttered;(5) All flammable or combustible materials must be stored at least 3 feet from electric heaters, wood, coal, pellet, or kerosene stoves, furnaces, boilers, or water heaters;(6) All flammable liquids must be stored away from ignition sources;(7) Oil furnaces must be serviced annually; and all other furnaces must be serviced annually or as required or recommended by the service provider or the manufacturer; and(8) If oxygen is used in the residence, all doors entering the home shall be labeled accordingly, and any oxygen in the home shall be firmly secured to the wall or secured in a stand or rack.(y) A community residence shall provide the following: (1) A specific sleeping area designated for each individual;(2) A separate bed for each individual with each bedroom containing no more than 2 beds; and(3) Storage space for each individual's clothing and other personal possessions.(z) A community residence shall protect an individual's right to privacy to the maximum extent possible while continuing to monitor the health and safety of each individual. (aa) Each bedroom shall be situated such that:(1) No person resides in a bedroom that is the access way to another's bedroom or to a common area of the house; and(2) Common areas shall not be used as bedrooms by any person living in the home.(ab) The community residence shall have: (1) At least one indoor bathroom which includes a sink, toilet, and a bathtub or shower for every 6 persons in the household;(2) At least one telephone for incoming and outgoing calls;(3) A functioning septic or other sewage disposal system; (4) An integrated, hard-wired fire alarm system with a detector in each bedroom and on each level of the home including the basement and attic, if the attic is used as living or storage space, provided that all detectors shall be replaced at least once every 10 years; and(5) A source of portable water for drinking and food preparation, as follows: a. If drinking water is supplied by a non-public water system, the water shall be tested and found to be in accordance with Env-Dw 702.02 for bacteria and Env-Dw 704.02 for nitrates. The water supply shall be tested every 3 years for bacteria and nitrates, and determined to be at acceptable levels; andb. If the water is not approved for drinking, an alternative method for providing safe drinking water shall be implemented.N.H. Admin. Code § He-M 1002.03
#1914, eff 2-1-82; ss by #3071, eff 7-25-85, EXPIRED: 7-25-91
New. #7762, eff 9-26-02; amd by #8210, eff 11-23-04; amd by #9795, INTERIM, eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12742, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12916, Effective 11/16/2019, Expires 11/16/2029.