(1) The home shall be located close to community resources.

 

(a) The home shall be accessible to transportation -- bus, train, car.

(b) The home shall be in reasonable proximity to shopping areas, churches, senior centers, medical and dental clinics and hospitals.

(2) The home shall have an adequate and safe sewage system and water supply.

(3) The foster home must be equipped with a telephone. Telephone numbers of the hospital, police department, fire department, ambulance, and poison control center must be posted by each telephone.

(4) The licensee shall keep the home clean and in good repair and the premises shall be kept free from objects, materials, and conditions which constitute a danger to the residents.

(5) The foster home shall make adequate provisions for laundering of residents' personal laundry.

(6) The licensee shall be equipped to provide an adequate amount of hot water for a resident's use between the temperature range of 110 through 120°F at the fixture.

(7) Bedrooms. There shall be no more than 3 persons in any bedroom and each room shall include:

(a) floor to ceiling walls;

(b) one door which can be closed to allow privacy for residents;

(c) exclusive of toilet rooms, closets, lockers, wardrobes, alcoves or vestibules, each resident's bedroom shall have 80 square feet per each bed placed in that bedroom.

(d) at least one window which can be opened from the inside without the use of tools;

(e) a mirror appropriate for grooming;

(f) an adequate closet or wardrobe, lighting sufficient for reading and other resident activities, bureau or dresser or equivalent and at least 1 chair with arms in each bedroom for every 2 residents;

(g) an individual bed for each resident at least 36 inches wide and 72 inches long with comfortable springs in good condition, a clean protected mattress not less than 5 inches thick or 4 inches if of a synthetic construction and a pillow;

(h) a licensee shall provide washable bedding for each bed which includes 2 sheets, a pillow case, minimum of 1 blanket and a bedspread;

(i) bed linen shall be changed at least weekly or more often if soiled;

(j) a licensee shall have a linen supply for twice the number of beds in the home.

(8) Living rooms. A foster home shall provide distinct living and sleeping areas. All areas shall be well lighted, heated and ventilated.

(a) The home shall have a living or day room area for use by a resident and his visitors.

(b) The living and sleeping areas for a given resident shall not be in separate wings, units or buildings.

(c) A living room, dining room or other room not ordinarily used for sleeping shall not be used for sleeping by residents or foster family members.

(9) Bathrooms. One toilet, sink, and bath or shower shall be provided for each six adults in the foster home, including the foster family and the residents. At least one toilet and sink shall be available on each floor where residents' bedrooms are located.

(a) All bathrooms used by residents shall have the following:

(i) a toilet and sink;

(ii) a tub or shower equipped with non-skid mats or material and permanent sturdy hand grips;

(iii) an individual towel rack and place for resident's toilet articles; and

(iv) a light switch by the door.

(b) Bathrooms shall be vented to outside or have an outside window.

(10) Kitchen. The kitchen shall be equipped properly to prepare and serve adequate meals.

(a) Waste shall be kept in leakproof, nonabsorbent containers with close fitting covers for garbage, refuse and other solid waste. Waste shall be removed from the kitchen daily and from the premises at least weekly.

(b) Poisonous compounds, caustics and other dangerous material shall not be kept in the food preparation area.

(c) The kitchen shall be maintained in a clean and sanitary condition.

(d) Food shall not be stored on the floor.

(11) Heating. The home shall be heated by centralized heating or its equivalent. All rooms used by residents shall be kept at a temperature range of 68° through 72°F during non-sleeping hours.

(a) If the heating mechanism is located in the basement of the home, the separation shall include at least a 1 3/4 inch solid wood core door or equivalent to create a floor separation between the basement and the first floor.

(b) Flame producing water heaters or incinerators shall be installed with the same protection as the heating mechanism.

(c) The use of space heaters in a foster home is prohibited.

(d) Factory mutual and underwriter's laboratories approved permanent, fixed type electrical heating, such as recognized panel or baseboard fixed type may be utilized in any location.

(e) In existing homes where an American gas association (AGA) approved sealed combustion wall heater has been installed in accordance with both the AGA and the manufacturer's recommendations, approval will be given if the unit is located on an outside wall, obtains combustion air directly from the outside and vents products of combustion directly to the outside.

(f) All wood burning stoves must be properly installed and inspected by the local fire inspector or a state fire marshal.

(g) Storage of combustible materials is prohibited in rooms containing the heating mechanism, water heater or incinerator.

(h) The heating mechanism shall be inspected by the licensee at least yearly and necessary repairs made.

(12) With respect to any conditions in existence prior to April 5, 1996, any requirement of ARM 37.100.140 may be waived at the discretion of the department if:

(a) physical limitations of the adult foster care home would require disproportionate expense or effort to comply with a requirement, with little or no increase in the level of safety to the residents and staff; or

(b) compliance with a requirement would involve unreasonable hardship or unnecessary inconvenience, with little or no increase in the level of safety to the residents and staff.

(13) With respect to any conditions in existence prior to April 5, 1996, the specific requirements of ARM 37.100.140 may be modified by the department to allow alternative arrangements that will provide the same level of safety to the residents and staff, but in no case shall the modification afford less safety than that which, in the discretion of the department, would be provided by compliance with the corresponding requirement in ARM 37.100.140.