Or. Admin. Code § 411-068-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-068-0050 - Standards for a Room and Board Facility

(1) Each facility shall meet applicable local zoning and building codes, and state and local fire, sanitary and safety regulations.

(2) Bedrooms for all household occupants must have:

(a) Been constructed as a bedroom when the building was built or remodeled under permit;

(b) A finished interior with walls or partitions of standard construction that extend from floor to ceiling;

(c) A door that opens directly to a hallway or common use room without passage through another bedroom or common bathroom;

(d) Be adequately ventilated, heated, and lighted and have at least one window that opens to the outside;

(e) Be separate from the operator, members of the operator's family or other employees;

(f) At least 70 square feet of usable floor space of one tenant or 120 square feet for two tenants excluding any area where a sloped ceiling does not allow a person to stand upright;

(g) Have a bed with adequate bedding and linens available; and

(h) No more than two occupants per room.

(3) A telephone must be available for use by tenants. A listing of emergency telephone numbers, including the numbers of the local police, fire department, ambulance, Adult Protective Services, the Local Licensing Authority, and Aging and People with Disabilities program within the Department shall be placed in plain view on or next to the telephone.

(4) Bathing and toilet areas shall be private, clean, in good repair, and shall be accessible at all times. There shall be adequate supplies of toilet paper and soap for each bathroom.

(5) FIRE SAFETY. Operators must meet minimal fire safety standards including:

(a) Within 24 hours of arrival to the RB facility each tenant shall be shown how to utilize all exits from the facility. The operator must have a safe evacuation plan and may be required to demonstrate the evacuation plan.

(b) A functional smoke alarm with back-up battery must be installed in all bedrooms and hallways or access ways that adjoin sleeping areas.

(c) A functional carbon monoxide alarm with back-up battery must be installed within 15 feet of each bedroom and at a height as recommended by the manufacturer.

(d) At least one fire extinguisher with a minimum classification of 2-A:10-B:C must be mounted in a visible and readily accessible location on each floor, including basements, and be checked at least once a year by a qualified person who is well versed in fire extinguisher maintenance. All recharging and hydrostatic testing must be completed by a qualified agency properly trained and equipped for this purpose.

(e) Smoking is prohibited in any bedroom, including that of the tenant, the operator, tenant manager, occupants, and in any room where oxygen is used or stored.

(f) Sleeping quarters shall be confined to the first floor for non- ambulatory tenants and others with substantial disabling conditions.

(g) Recommendations of the local fire department or State Fire Marshal shall be enforced. The Department may request an inspection for fire safety upon receipt of a complaint regarding a facility.

(6) Food Preparation and Storage:

(a) All food and drink shall be clean; free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances; and shall be prepared, stored, handled, and served so as to be safe for human consumption. Food storage and preparation areas shall be kept in clean and sanitary condition. The temperature of potentially hazardous food shall be maintained at 41 degrees Fahrenheit or below, or at 135 degrees Fahrenheit or above at all times. (see the Oregon Health Authority's Food Sanitation Rule).

(b) Employees or tenants engaged in food handling shall observe sanitary methods, including hand washing as appropriate. Employees or tenants with diseases which can be transmitted by foods shall not be assigned to food handling duties.

(c) Poisonous or toxic materials shall be prominently and distinctly labelled for easy identification of contents, and shall not be used in a way that contaminates food equipment, or utensils, nor in a way that constitutes a hazard to employees or tenants.

(d) Meals provided by the facility shall be nutritionally balanced and shall provide the recommended daily allowance of vitamins, minerals, and calories.

(7) Medication storage and administration:

(a) Tenant medications must be stored separately from medications belonging to the operator, tenant manager, and all other non-tenants.

(b) All tenant medications, including over-the-counter medications, must be stored as directed by the manufacturer in the original labeled container unless stored in a seven-day closed container manufactured for the advanced set-up of medications. Stored medications must be kept in a locked location in the tenant's bedroom, or a locked central location that is cool, clean, dry, not subject to direct sunlight or fluctuation in temperature.

(c) Medications requiring refrigeration must remain refrigerated and must also be locked and stored separately from non-tenant medications.

(d) Facility staff must know the location of the medications and must have the key to the medication cabinet. Facility staff may assist a tenant with self-administration of medications if a tenant has elected to have the facility store medication on behalf of the tenant. Facility staff may assist by dispensing a tenant's medication that is locked in a central location but shall not administer medications to tenant by placing medications in or on a tenant's body.

(8) Operators shall maintain a record of all compensation received from a tenant in return for services, and a record of all compensation paid to a tenant for work or other services performed by a tenant.

(9) Tenants shall be allowed to exercise all civil and human rights accorded to other citizens, such as voting, privacy, and sending and receiving mail unopened.

(10) An operator and other employee of a facility shall not abuse tenants and shall exercise reasonable precautions against any other conditions which threaten the health, safety or welfare of tenants.

Or. Admin. Code § 411-068-0050

SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90; APD 24-2022, amend filed 06/13/2022, effective 7/1/2022

Statutory/Other Authority: ORS 410.070 & 443.485

Statutes/Other Implemented: ORS 443.480 & 443.500