jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
1.1 For the purposes of the Act and this Regulation, “veteran” means a veteran as defined in subsection 2 (1) of the War Veterans’ Allowance Act (Canada). O. Reg. 639/98, s. 1. Licences
Licences
2. (1) An application for a licence to establish, operate or maintain a nursing home or a renewal thereof shall be made to the Director in a form provided by the Minister. R.R.O. 1990, Reg. 832, s. 2 (1); O. Reg. 588/94, s. 1. (2) An application for an initial licence to establish, operate or maintain a nursing home shall be accompanied with evidence satisfactory to the Director that the premises to be used as a nursing home complies with all municipal by-laws, of the municipality in which the proposed nursing home is situate, respecting the establishment or location of a nursing home. R.R.O. 1990, Reg. 832, s. 2 (2). (3) A licence to establish, operate or maintain a nursing home shall be in a form provided by the Minister. R.R.O. 1990, Reg. 832, s. 2 (3); O. Reg. 378/93, s. 2 (1). (4) The fee for a licence to establish, operate or maintain a nursing home or a renewal thereof is $10. R.R.O. 1990, Reg. 832, s. 2 (4). (5) Revoked: O. Reg. 373/94, s. 2. Conditions of Licences
Conditions of Licences
3. Every licence to establish, operate or maintain a nursing home shall be subject to the following conditions: 1. Subject to paragraph 1.1, the bed capacity of the nursing home set out in the licence shall not be exceeded. 1.1 If the Director authorizes an increase of the licensed bed capacity of the nursing home for a specified period of time under section 20 of the Act, the bed capacity authorized by the Director shall not be exceeded during that period of time. 2. No construction, alteration, addition or renovation of a nursing home or the conversion of a building into a nursing home shall be carried out except in compliance with section 4. R.R.O. 1990, Reg. 832, s. 3; O. Reg. 689/92, s. 1; O. Reg. 378/93, s. 3; O. Reg. 373/94, s. 3.
Conditions of Licences
4. (1) Every person who proposes to construct, alter, add to or renovate a nursing home or convert an existing building into a nursing home shall submit plans and specifications thereof to the Director and shall submit such information and other material as may be required by the Director to determine the suitability and adequacy of the plans and specifications of the services that the nursing home intends to provide. R.R.O. 1990, Reg. 832, s. 4 (1). (2) Before approving any plans or specifications submitted under subsection (1), the Director shall refer the plans and specifications to the Fire Marshal and the Director shall not give his or her approval to the plans and specifications until the Fire Marshal has examined and approved them with respect to fire safety. R.R.O. 1990, Reg. 832, s. 4 (2); O. Reg. 378/93, s. 4. (3) No construction, alteration, addition, renovation or conversion referred to in subsection (1) shall be carried out except in accordance with the plans and specifications that are approved by the Director. R.R.O. 1990, Reg. 832, s. 4 (3). (4) Where the Director has approved plans and specifications submitted to him or her under subsection (1), his or her approval expires six months after the date on which it is given unless the construction, alteration, addition, renovation or conversion is commenced within such six-month period. R.R.O. 1990, Reg. 832, s. 4 (4). (5) No construction, alteration, addition, renovation or conversion shall be commenced where an approval of the Director has expired. R.R.O. 1990, Reg. 832, s. 4 (5). (6) Every person referred to in subsection (1) shall submit to the Director forthwith after the completion of the construction, alteration, renovation, addition or conversion, as the case may be, a certificate from the Electrical Safety Authority, as defined in the Electricity Act, 1998, certifying that the nursing home has been inspected and that all electrical installations and wiring in the nursing home conform to the Electrical Safety Code made under the Electricity Act, 1998. O. Reg. 147/99, s. 1. (7) For the purposes of this section, the commencement of work on the land or the building shall be considered to be the commencement of the construction, alteration, renovation, addition or conversion, as the case may be. R.R.O. 1990, Reg. 832, s. 4 (7).
Conditions of Licences
5. (1) Every nursing home shall be so constructed and maintained that there is at all times, (a) a supply of potable water of sufficient quantity and pressure to serve the needs of the nursing home; and (b) a sewage and waste disposal system adequate to meet the needs of the nursing home. R.R.O. 1990, Reg. 832, s. 5 (1). (2) Every nursing home shall be so maintained at all times as to be free from anything that might be hazardous to the health or safety of the residents. R.R.O. 1990, Reg. 832, s. 5 (2).
Conditions of Licences
6. On or after the 27th day of April, 1972, a nursing home that is constructed, altered, added to or renovated or a building that is converted into a nursing home, (a) shall not have, (i) a winding stairway, or (ii) a maximum gradient of more than 1 in 10 on any exterior ramp; and (b) shall have, (i) an exit at ground level, and (ii) a minimum width of 1.82 metres in all corridors. R.R.O. 1990, Reg. 832, s. 6. Increase in Bed Capacity
Increase in Bed Capacity
7. The Director may authorize an increase in the bed capacity of a nursing home, as set out in its licence, to such number of beds, for such period of time and subject to such conditions as the Director specifies, (a) to facilitate the admission to the nursing home of residents of a nursing home whose licence has been revoked or residents of a nursing home that is otherwise being operated without a licence; (b) to facilitate the admission to the nursing home of residents of any facility which is closing all or some of its beds permanently or temporarily; (c) to facilitate the admission to the nursing home of a person who requires immediate admission as a result of a crisis arising from the person’s condition or circumstances; (d) to facilitate the transfer of beds from a nursing home operated by a licensee to another nursing home operated by the same licensee; (e) to facilitate the transfer of beds from a nursing home operated by a licensee to a nursing home operated by another licensee; (f) to facilitate the implementation of written undertakings made by the Minister prior to 1995 to licensees of nursing homes to increase the bed capacity of those nursing homes; (g) to facilitate the transfer of beds from a home under the Homes for the Aged and Rest Homes Act or an approved charitable home for the aged under the Charitable Institutions Act to a nursing home that is situated in the same premises as the home or approved charitable home for the aged, as the case may be; or (h) to facilitate the admission to the nursing home of persons pursuant to a service agreement for interim beds. O. Reg. 373/94, s. 4; O. Reg. 43/98, s. 1; O. Reg. 639/98, s. 2; O. Reg. 121/02, s. 2.
Increase in Bed Capacity
8. Revoked: O. Reg. 378/93, s. 5.
Increase in Bed Capacity
9. Revoked: O. Reg. 373/94, s. 5. Bedrooms
Bedrooms
10. A bedroom for a resident shall, (a) where the nursing home was constructed before the 27th day of April, 1972, provide a minimum of 16.8 cubic metres of air space and 6.96 square metres of floor space for each resident; (b) where the nursing home is constructed, renovated, added to or altered or where a building is converted into a nursing home on or after the 27th day of April, 1972, provide despite the Building Code, made under the Building Code Act a minimum, exclusive of the space provided for built-in or portable clothes closets and washrooms, of, (i) 10.22 square metres of floor space in a single-bed unit, (ii) 16.72 square metres of floor space in a two-bed unit, (iii) 25.08 square metres of floor space for a three-bed unit, (iv) 29.73 square metres of floor space in a four-bed unit; (c) Revoked: O. Reg. 373/94, s. 6 (3). (d) be furnished so that, (i) all beds are at least 0.91 metres apart, (ii) all beds are at least 0.91 metres from every wall except at the head of the bed, (iii) no part of any bed overlaps an unprotected source of heat, a window or a door, (iv) each bed is sheltered from drafts, (v) each bed is not more than two deep from a window, except where the nursing home was constructed, renovated, added to or altered prior to the 27th day of April, 1972, and (vi) each bed is provided with an individual light that is suitable for reading; (e) have one or more windows to the outside that, (i) can be opened to provide an open area equal to 5 per cent of the floor area of the rooms, (ii) is or are not less in area than 10 per cent of the floor area of the room, (iii) have the lowest edge of the window glass not higher than 66.04 centimetres from the floor, except in a nursing home that has been constructed, renovated, added to or altered prior to the 27th day of April, 1972, and (iv) is or are screened from the 1st day of May to the 30th day of October and that are equipped with draft deflectors; (f) not be part of a lobby, hallway, passageway, closet, bathroom, stairway, basement, attic, kitchen, storage room, boiler room, laundry room, activity room, utility room, chapel, sitting room, administrative office, resident examination room or any other area; (g) not be used as a passageway or as a storage, kitchen or general sitting room area; (h) not have a lock on the door; (i) be at or above ground level; (j) not contain more than four beds; (k) be so constructed that units of two or more beds are provided with a track-mounted screening device made of a fire-resistant material suitable to provide privacy for an individual resident; (l) where the nursing home is constructed on or after the 27th day of April, 1972, have a ceiling height of at least 2.28 metres; (m) where the nursing home is constructed on or after the 27th day of April, 1972, have bedroom doors a minimum of 1.12 metres in width; and (n) be clearly identified and permanently designated by a letter or number. R.R.O. 1990, Reg. 832, s. 10; O. Reg. 378/93, s. 6; O. Reg. 373/94, s. 6. Bedroom Furnishings
Bedroom Furnishings
11. (1) Every resident’s bed shall be of a minimum width of 91.44 centimetres and shall have a firm, comfortable mattress at least 10.16 centimetres thick. R.R.O. 1990, Reg. 832, s. 11 (1); O. Reg. 373/94, s. 7. (2) Subject to subsection (3), every mattress referred to in subsection (1) shall be provided with a waterproof, flame retardant cover. R.R.O. 1990, Reg. 832, s. 11 (2). (3) A mattress purchased and used on or after the 1st day of May, 1980 shall be flame retardant and waterproof, or flame retardant and provided with a waterproof cover. R.R.O. 1990, Reg. 832, s. 11 (3). (4) Every resident who is confined to bed or a chair shall be provided with a hospital-type bed that is capable of being elevated at the head and that has a headboard and a footboard. R.R.O. 1990, Reg. 832, s. 11 (4). (5) A roll-away bed, day bed, double deck bed or cot shall not be used as sleeping accommodation for a resident. R.R.O. 1990, Reg. 832, s. 11 (5). (6) A bedside table shall be provided for every resident at his or her bed except where a dresser or other item of furniture that can be used as a table is provided and a comfortable easy chair shall be provided for every resident in the resident’s bedroom. R.R.O. 1990, Reg. 832, s. 11 (6). (7) Every nursing home shall provide sufficient clean bed linen, face cloths and towels for use of the residents so as to permit at least three changes a week and a supply of such items shall be on hand at all times in the nursing home. R.R.O. 1990, Reg. 832, s. 11 (7). (8) Where, on or after the 27th day of April, 1972, a nursing home is constructed, altered, added to or renovated or a building is converted into a nursing home at least 0.46 square metres of floor space shall be provided as a clothes closet for each resident in the room in which the resident’s bed is located. R.R.O. 1990, Reg. 832, s. 11 (8). (9) Where two or more beds are located in a bedroom, a separate clothes closet for each resident shall be provided in the bedroom. R.R.O. 1990, Reg. 832, s. 11 (9). Nurses Stations
Nurses Stations
12. (1) A nurses station shall be provided on each floor in a nursing home. R.R.O. 1990, Reg. 832, s. 12 (1). (2) The nurses station shall be so located as to provide a complete unobstructed view of the nursing corridors on the floor served by the station. R.R.O. 1990, Reg. 832, s. 12 (2). (3) Where, on or after the 27th day of April, 1972, a nursing home is constructed, altered, added to or renovated or a building is converted into a nursing home, no nursing station shall provide supervision for more than sixty beds. R.R.O. 1990, Reg. 832, s. 12 (3). Privacy Area
Privacy Area
13. Revoked: O. Reg. 678/00, s. 1 (2).
Privacy Area
14. Every nursing home shall contain an area that affords privacy for the examination and treatment of residents. R.R.O. 1990, Reg. 832, s. 14. Dining Room
Dining Room
15. (1) Every nursing home shall have a dining room or rooms that provides a minimum of 1.85 square metres per resident and that accommodates at least 40 per cent of the licensed bed capacity of the nursing home at one time. R.R.O. 1990, Reg. 832, s. 15 (1). (2) No dining room in a nursing home shall be used as a passageway by residents or staff. R.R.O. 1990, Reg. 832, s. 15 (2). Sitting Room
Sitting Room
16. (1) Each floor that is used for the accommodation of residents in a nursing home shall be provided with at least one sitting room. R.R.O. 1990, Reg. 832, s. 16 (1). (2) The minimum total area in a nursing home to be set aside for sitting rooms shall be calculated at the rate of 1.39 square metres of floor space for each resident. R.R.O. 1990, Reg. 832, s. 16 (2). (3) Where, on or after the 27th day of April, 1972, a nursing home is constructed, altered, added to or renovated or a building is converted into a nursing home, no sitting room shall have a total floor area of less than 11.14 square metres. R.R.O. 1990, Reg. 832, s. 16 (3). (4) Where, on or after the 27th day of April, 1972, a nursing home is constructed, altered, added to or renovated or a building is converted into a nursing home, each floor shall be provided with at least one sitting room with windows. R.R.O. 1990, Reg. 832, s. 16 (4). Activity Area
Activity Area
17. (1) In addition to the sitting room or rooms, required under section 16, every nursing home shall provide areas for crafts and activity programs. R.R.O. 1990, Reg. 832, s. 17 (1). (2) All equipment in craft and activity areas shall be kept in a good state of repair and an adequate supply of such equipment shall be on hand at all times to serve the resident. R.R.O. 1990, Reg. 832, s. 17 (2). (3) The minimum total floor area in a nursing home to be set aside for crafts and activities shall be calculated at the rate of 0.55 square metres multiplied by the licensed bed capacity of the nursing home. R.R.O. 1990, Reg. 832, s. 17 (3). Staff Facilities
Staff Facilities
18. (1) On or after the 27th day of April, 1972, every nursing home that is constructed, altered, added to or renovated and every building that is converted into a nursing home shall be equipped with separate toilet facilities for male and female employees according to the following Table: TABLE  Item

Number of Male or Female Employees on a Shift

Facilities


1

1 to 9

1 toilet and 1 washbasin


2

10 to 24

2 toilets and 2 washbasins


3

25 to 49

3 toilets and 3 washbasins


4

50 to 74

4 toilets and 4 washbasins


5

75 to 100

5 toilets and 5 washbasins R.R.O. 1990, Reg. 832, s. 18 (1). (2) In addition to the number of toilets and washbasins to be provided under subsection (1), where applicable, a nursing home shall be equipped with one additional toilet and one additional washbasin for every additional thirty employees over 100 of each sex. R.R.O. 1990, Reg. 832, s. 18 (2). (3) Every nursing home shall be equipped at all times with a sufficient supply of disposable paper drinking cups and disposable towels to meet the needs of the employees of the nursing home. R.R.O. 1990, Reg. 832, s. 18 (3). (4) Every nursing home shall be equipped with, (a) staff change rooms that provide privacy and space for staff to change clothes; and (b) staff lockers for personal clothing that can be securely locked. R.R.O. 1990, Reg. 832, s. 18 (4).
Staff Facilities
19. No common drinking cups or towels shall be used in a nursing home. R.R.O. 1990, Reg. 832, s. 19. Toilet Facilities
Toilet Facilities
20. (1) No toilet room or bathroom in a nursing home shall open directly into any dining room, kitchen, pantry, food preparation room or storage room, or be so located that a resident must pass through such an area to enter or leave a toilet room or bathroom. R.R.O. 1990, Reg. 832, s. 20 (1). (2) Every floor on which residents are accommodated shall be equipped with toilet facilities in at least the following ratios: 1. One washbasin and one flush toilet for every eight beds where the nursing home was constructed before the 27th day of April, 1972. 2. Where the nursing home is constructed, altered, added to or renovated or where the nursing home is a building that is converted into a nursing home on or after the 27th day of April, 1972 and despite the Building Code, made under the Building Code Act, one washbasin and one flush toilet for every four beds. 3. One bathtub or shower for every twelve beds. R.R.O. 1990, Reg. 832, s. 20 (2). (3) Every floor where residents are accommodated shall be equipped with a utility room for washing bed-pans or be equipped with bed-pan flushing devices installed to each resident’s toilet. R.R.O. 1990, Reg. 832, s. 20 (3). (4) In this section, one urinal shall be deemed to be equivalent to one flush toilet, but urinals shall not exceed 20 per cent of the total flush toilet facilities provided for male residents. R.R.O. 1990, Reg. 832, s. 20 (4). (5) No bathroom, toilet or shower room in a nursing home shall have a door with a lock unless the lock is of a type that can be readily released from the outside in an emergency. R.R.O. 1990, Reg. 832, s. 20 (5). (6) The temperature of the water serving all bathtubs, showers and hand basins used by residents shall not exceed 49 degrees Celsius and shall be controlled by a device, inaccessible to the residents, that regulates the temperature. R.R.O. 1990, Reg. 832, s. 20 (6); O. Reg. 588/94, s. 2. (7) On or after the 27th day of April, 1972, every nursing home that is constructed, altered, added to or renovated and every building that is converted into a nursing home shall have bathrooms, toilets and shower rooms of a type that are easily accessible and that afford manoeuvring room for residents confined to wheelchairs. R.R.O. 1990, Reg. 832, s. 20 (7). (8) Every washbasin, shower and bathtub used by residents shall be equipped with a style of faucet that is simple to understand and that is easy to use. R.R.O. 1990, Reg. 832, s. 20 (8). (9) No spring loaded or pressure operated faucet handles shall be used on a washbasin, shower or bathtub that is intended for use by a resident. R.R.O. 1990, Reg. 832, s. 20 (9). (10) At least one grab bar or similar suitable device of a type that will ensure the safety of a resident shall be provided for each bathtub and each toilet intended for use by a resident. R.R.O. 1990, Reg. 832, s. 20 (10). (11) At least two grab bars shall be provided in each shower intended for use by a resident with one being located on the faucet side and one on a side adjacent to the faucet. R.R.O. 1990, Reg. 832, s. 20 (11). Housekeeping
Housekeeping
21. (1) Every nursing home shall be maintained in a clean and sanitary state and in a good state of repair. R.R.O. 1990, Reg. 832, s. 21 (1). (2) Every nursing home constructed before the 27th day of April, 1972, shall be equipped with one or more locked closets on each floor where residents are accommodated for the purpose of storing housekeeping and cleaning supplies. R.R.O. 1990, Reg. 832, s. 21 (2). (3) On or after the 27th day of April, 1972, every nursing home that is constructed, altered, added to or renovated and every building that is converted into a nursing home, shall be equipped with, (a) one or more locked and vented closets fitted with sinks and shelves and sufficient space to accommodate household cleaning material, utensils and apparatus on each floor where residents are accommodated; and (b) a utility room and dirty utility room on each floor. R.R.O. 1990, Reg. 832, s. 21 (3). Laundry
Laundry
22. The following rules apply to the handling and storage of linen and laundry in a nursing home: 1. All soiled linen shall be taken to the dirty storage or laundry area in closed hampers or bags. 2. Soiled linen shall not be taken through a food preparation or food storage room. 3. Clean and soiled linen shall be kept separate at all times. 4. Separate laundry carts shall be used for the pick-up of soiled laundry and distribution of clean laundry. 5. Infected laundry shall be kept in separate, identifiable bags. 6. Every laundry worker shall wear a laundry uniform while doing laundry work but shall not wear the laundry uniform at any other time. R.R.O. 1990, Reg. 832, s. 22. Vertical Access
Vertical Access
23. (1) Every nursing home that is constructed on or after the 27th day of April, 1972 and that has services or accommodation for residents’ use located on more than one floor shall have at least one elevator sufficient in size to accommodate a stretcher and the elevator shall be provided with an on-off key or toggle switch that, when operated, will electrically maintain the doors of the elevator in an open position and prevent movement of the elevator. R.R.O. 1990, Reg. 832, s. 23 (1). (2) Despite subsection (1), every nursing home that is constructed on or after the 1st day of May, 1980 that has services or accommodation for residents’ use located on more than one floor shall have at least one elevator sufficient in size to accommodate a stretcher, and the elevator shall be equipped with, (a) handrails on the interior walls; (b) an automatic door controlled by a photo electric cell; and (c) controls that are located at such a height that residents in wheelchairs will be able to operate the elevator. R.R.O. 1990, Reg. 832, s. 23 (2). (3) Where a nursing home was constructed before the 27th day of April, 1972 and the nursing home has no elevator, the administrator shall ensure that each non-ambulatory resident is placed in the nursing home so as to have convenient access to and exit from all dining areas, activity areas, craft rooms and the sitting room nearest the bedroom of the resident and the outside grounds. R.R.O. 1990, Reg. 832, s. 23 (3).
Vertical Access
24. On or after the 27th day of April, 1972, every nursing home that is constructed, altered, added to or renovated and every building that is converted into a nursing home, shall have part of its grounds laid out and constructed so as to provide a recreational area for use by residents. R.R.O. 1990, Reg. 832, s. 24.
Vertical Access
25. (1) Every nursing home shall be equipped with waste receptacles that are, (a) durable, leakproof and non-absorbent; and (b) free from sharp edges. R.R.O. 1990, Reg. 832, s. 25 (1). (2) The waste receptacles referred to in subsection (1) shall be placed in sufficient numbers throughout the nursing home to adequately serve the needs of the nursing home and shall, notwithstanding the generality of the foregoing, be placed in at least the following locations: 1. The kitchen. 2. Every residents’ room. 3. Every food service area. 4. Every service area other than a food service area. 5. Every area to which the public has access. R.R.O. 1990, Reg. 832, s. 25 (2). (3) Receptacles in residents’ rooms shall be emptied at least once each day. R.R.O. 1990, Reg. 832, s. 25 (3). (4) Every nursing home shall have a main waste storage station located within or adjacent to the nursing home and where the station is located in the nursing home it shall be properly ventilated so as to remove all odours. R.R.O. 1990, Reg. 832, s. 25 (4). (5) A waste storage station referred to in subsection (4) shall be so constructed as to keep out insects, rodents and other animals. R.R.O. 1990, Reg. 832, s. 25 (5).
Vertical Access
26. (1) Where carts are used in a nursing home for collecting solid waste receptacles, the carts shall not be used for any other purpose. R.R.O. 1990, Reg. 832, s. 26 (1). (2) Where carts are used in a nursing home for clean laundry or for food, the carts shall not be, (a) used so as to come into direct contact with; (b) used in close proximity to; or (c) stored with, carts used for the collecting or the transporting of waste. R.R.O. 1990, Reg. 832, s. 26 (2).
Vertical Access
27. Every nursing home shall have sufficient equipment, supplies and personnel on hand to collect and dispose of all solid wastes. R.R.O. 1990, Reg. 832, s. 27.
Vertical Access
28. (1) Subject to subsection (3), every nursing home shall be equipped with an electrical audio visual call system. R.R.O. 1990, Reg. 832, s. 28 (1); O. Reg. 378/93, s. 7 (1). (2) The system referred to in subsection (1) shall be so constructed and installed that, (a) it is on at all times; (b) when it is activated, it will ring and show on an annunciator panel at a nurses station or office; (c) a call can be cancelled only at the point of activation. R.R.O. 1990, Reg. 832, s. 28 (2). (3) Where, on or after the 1st day of May, 1980, a nursing home is constructed, altered, added to or renovated or a building converted into a nursing home, the system referred to in subsection (1) shall be equipped with lights in the corridor indicating the calling unit and these lights shall be visible from the nurses station. R.R.O. 1990, Reg. 832, s. 28 (3). (4) Each nurses station referred to in subsection (3) shall be equipped with a control panel that covers the area served by the nurses station. R.R.O. 1990, Reg. 832, s. 28 (4). (5) A call station shall be installed at, (a) each toilet, bath and shower location used by residents such that the activator is easily accessible to the resident; and (b) each residents’ bed, within easy reach of the resident. R.R.O. 1990, Reg. 832, s. 28 (5). (6) Revoked: O. Reg. 378/93, s. 7 (2). (7) An alarm annunciator that will indicate that a resident requires assistance shall be installed in the staff working areas on each floor of a nursing home. R.R.O. 1990, Reg. 832, s. 28 (7). (8) Subject to subsection (11), each door leading to the outside of a nursing home and to which residents have access, shall be equipped with electrically operated door alarms connected to an audio visual annunciator located at the main nurses station and a manual reset switch shall be located at each door so equipped. R.R.O. 1990, Reg. 832, s. 28 (8). (9) Where on or after the 1st day of May, 1980, a nursing home is constructed, altered, added to or renovated or a building is converted into a nursing home, each door leading to the outside of the nursing home and to which residents have access, shall be equipped with an electrically operated door alarm that is connected to an audio visual annunciator that is located at the nurses station nearest to each door so equipped and a manual reset switch shall be located at each door so equipped. R.R.O. 1990, Reg. 832, s. 28 (9). (10) Despite subsections (8) and (9), a door in an area that is under constant supervision may have the door alarm shut off provided that the door is being supervised. R.R.O. 1990, Reg. 832, s. 28 (10). (11) Subsections (8) and (9) do not apply to an exit door that leads to an outside area that is fenced or that otherwise precludes exit by a resident. R.R.O. 1990, Reg. 832, s. 28 (11). Lighting
Lighting
29. Every nursing home shall have the following minimum levels of illumination: 1. 215.28 lux continuous lighting in all corridors. 2. 322.92 lux continuous lighting in all stairways. 3. 376.73 lux at the bed of each resident when the bed is at the reading position. 4. 1,076.39 lux at each drug cabinet. 5. 215.28 lux in all areas in the nursing home other than those areas referred to in items 1 to 4. R.R.O. 1990, Reg. 832, s. 29. Temperature
Temperature
30. A licensee of a nursing home shall ensure that the home is maintained at a temperature of at least 22 degrees Celsius at all times. O. Reg. 588/94, s. 3. Ventilation
Ventilation
31. Every room and corridor in a nursing home shall be provided with adequate natural or mechanical ventilation to ensure, (a) the elimination of all odours and noxious gases; and (b) the replenishing of the oxygen content of the room. R.R.O. 1990, Reg. 832, s. 31. General Safety
General Safety
32. Every administrator shall ensure that all hazards to health and safety are eliminated from the nursing home and that the nursing home is so equipped and constructed as to have, (a) handrails installed on each side of every corridor, stairway and ramp with the top of each handrail not less than 81.28 centimetres nor more than 91.44 centimetres above the finished floor or stair level; (b) adjustable side rails available at all times for each resident’s bed; (c) residents’ beds that can all be fitted with the adjustable side rails referred to in clause (b); (d) floors and stairways with non-skid finishes and coverings; and (e) protective guards placed around and over all radiators and heating devices. R.R.O. 1990, Reg. 832, s. 32; O. Reg. 378/93, s. 8. Fire Safety
Stairways
34. (1) Every interior stairway that is part of a means of egress from a nursing home shall be enclosed by walls that have a fire resistance rating of not less than, (a) forty-five minutes where the nursing home is a combustible building; or (b) one hour where the nursing home is a noncombustible building. R.R.O. 1990, Reg. 832, s. 34 (1). (2) Every stairway in a nursing home that is not part of a means of egress from the nursing home shall be enclosed in such a manner that the enclosure provides a fire separation with a fire resistance rating between floors of not less than, (a) forty-five minutes where the nursing home is a combustible building; or (b) one hour where the nursing home is a noncombustible building. R.R.O. 1990, Reg. 832, s. 34 (2). (3) Every door and door frame in a stairway enclosure in a nursing home shall be of a type that has a fire resistance rating of not less than forty-five minutes. R.R.O. 1990, Reg. 832, s. 34 (3). (4) Every door in a stairway enclosure in a nursing home shall be self-closing. R.R.O. 1990, Reg. 832, s. 34 (4). (5) Egress for residents in a room located above the second floor shall be provided by way of an interior stairway only. R.R.O. 1990, Reg. 832, s. 34 (5); O. Reg. 378/93, s. 9. (6) Every exterior stairway in a nursing home that is constructed, altered, added to or renovated or in a building that is converted into a nursing home before the 1st day of May, 1980, shall, (a) be of solid and durable construction; (b) be securely fastened to the building; (c) have treads that are each not less than 111.76 centimetres wide; (d) have risers that are each not more than 19.68 centimetres high; and (e) not slope more than 40 degrees to the horizontal. R.R.O. 1990, Reg. 832, s. 34 (6). (7) Where an opening in an exterior wall of a nursing home is, (a) adjacent to; (b) underneath; (c) 3.05 metres or less measured horizontally from; or (d) 1.83 metres or less measured vertically above, any part of an exterior stairway, the opening shall, despite the Building Code, made under the Building Code Act, be protected by a closure that, (e) has a fire resistance rating of not less than three-quarters of an hour; (f) is fixed in the closed position or is equipped with a self-closer. R.R.O. 1990, Reg. 832, s. 34 (7).
Stairways
35. (1) Every kitchen, furnace room, boiler room, laundry or other hazardous area in a nursing home that is a combustible building, shall be enclosed with material having a fire resistance of not less than one hour. R.R.O. 1990, Reg. 832, s. 35 (1). (2) Every door and door frame in an enclosure referred to in subsection (1), shall be of a type that has a fire resistance of not less than forty-five minutes. R.R.O. 1990, Reg. 832, s. 35 (2). (3) Every interior door in an enclosure referred to in subsection (1) shall be equipped with a self-closer. R.R.O. 1990, Reg. 832, s. 35 (3). (4) Every storage room shall be enclosed with material having a fire resistance rating of not less than three-quarters of an hour and the door to the room shall, (a) have a solid wood core with a minimum thickness of 4.44 centimetres; (b) be kept locked or equipped with a self-closer; and (c) not have a grille, louvre or transom. R.R.O. 1990, Reg. 832, s. 35 (4). Vertical Shafts
Vertical Shafts
36. (1) Every shaft in a nursing home including, (a) a dumb-waiter shaft; (b) a laundry chute; and (c) a rubbish chute, shall be enclosed with material that has a fire resistance of not less than, (d) forty-five minutes where the nursing home is a combustible building; or (e) one hour where the nursing home is a noncombustible building. R.R.O. 1990, Reg. 832, s. 36 (1). (2) An opening in a shaft referred to in subsection (1) shall be protected by a closure, (a) that has a fire resistance rating of not less than forty-five minutes; and (b) that is, except for a dumb-waiter shaft, equipped with a self- closer. R.R.O. 1990, Reg. 832, s. 36 (2). Interior Finishes
Interior Finishes
37. All combustible finishes on walls and ceilings in a nursing home shall be treated with a fire retardant surface coating listed by the Underwriters’ Laboratories of Canada. R.R.O. 1990, Reg. 832, s. 37. Separation of Bedrooms
Separation of Bedrooms
38. (1) Every door of a room used for sleeping accommodation in a nursing home shall be of solid wood core construction, 4.44 centimetres thick and have a latch of a type suitable for keeping the door tightly closed. R.R.O. 1990, Reg. 832, s. 38 (1). (2) No transom or grille shall be installed in or over any door referred to in subsection (1). R.R.O. 1990, Reg. 832, s. 38 (2). Automatic Fire Alarm Systems
Fire Protection Equipment
40. (1) Every floor of a nursing home shall be equipped with fire extinguishers having a 2A fire extinguisher rating so that at least one extinguisher is provided for each 600 square metres of the floor area and within 25 metre travel distance of any point of the floor. R.R.O. 1990, Reg. 832, s. 40 (1). (2) Where a portable fire extinguisher with a fire extinguisher rating of 8 B.C. has been installed in a nursing home before the 27th day of April, 1972, the extinguisher shall be deemed to have a rating of 10 B.C. for the purpose of this section. R.R.O. 1990, Reg. 832, s. 40 (2). (3) Every nursing home shall be equipped with at least one fire extinguisher that is rated at least 10 B.C. by the Underwriters’ Laboratories of Canada in or adjacent to each of the following locations in the nursing home: 1. The boiler room or furnace room, except where solid fuel-fired appliances are used in the boiler room or furnace room. 2. The kitchen. 3. The maintenance shop. 4. The laundry. 5. The mechanical room. 6. The electrical room. R.R.O. 1990, Reg. 832, s. 40 (3). (4) No nursing home shall be equipped with a vaporizing liquid fire extinguisher. R.R.O. 1990, Reg. 832, s. 40 (4). (5) Where a nursing home is equipped with cooking appliances that are used in the preparation of meals for, (a) thirty or more persons, the appliances shall be outfitted with fixed extinguishing equipment of suitable design and capacity to extinguish any fire involving the cooking surface; and (b) less than thirty persons, the kitchen where the appliances are located shall be equipped with a fire blanket. R.R.O. 1990, Reg. 832, s. 40 (5). (6) Every nursing home shall be equipped with, (a) a standpipe system that serves each floor in the nursing home; and (b) a hose and nozzle at each floor level that is connected to the standpipe system referred to in clause (a), so that a hose stream can be directed to any point in the nursing home. R.R.O. 1990, Reg. 832, s. 40 (6). (7) Despite subsection (6), a nursing home that was constructed, altered, added to or renovated before the 27th day of April, 1972, may be equipped with continuous flow hose reels, (a) on each floor; and (b) each fitted with not more than fifteen metres of rubber or plastic hose of 12.7 millimetres inside diameter equipped with an adjustable nozzle. R.R.O. 1990, Reg. 832, s. 40 (7). Fire Prevention Maintenance and Safety
Fire Prevention Maintenance and Safety
42. Every nursing home that is located in a municipality that does not have public fire protection shall be provided with a complete automatic sprinkler system of a type that is approved by the Underwriters’ Laboratories of Canada. R.R.O. 1990, Reg. 832, s. 42.
Fire Prevention Maintenance and Safety
43., 44. Revoked: O. Reg. 373/94, s. 9.
Fire Prevention Maintenance and Safety
45., 46. Revoked: O. Reg. 378/93, s. 11. Absences
Absences
47. (1) Subject to subsections 48 (2) and (3), if the requirements set out in subsection (2) are met, a licensee of a nursing home shall ensure that when a resident of the home returns from a medical absence or a casual absence and when a long-stay resident of the home returns from a psychiatric absence or a vacation absence, the resident receives the same class of accommodation, the same room, and the same bed in the room, that the resident had before the absence. O. Reg. 238/94, s. 2; O. Reg. 373/94, s. 10. (2) The requirements referred to in subsection (1) are, (a) in the case of a medical absence of a long-stay resident, (i) that the length of the medical absence does not exceed twenty-one days, or (ii) that the length of the medical absence exceeds twenty-one days but does not exceed fifty-one days and, before the end of the first twenty-one days of the medical absence, the resident agrees in writing with the licensee of the home that, in addition to any other amounts the resident is required to pay, the resident will pay, for each day in excess of twenty-one that the resident is on the medical absence, the daily bed-holding amount determined under this section; (b) in the case of a medical absence of a short-stay resident, (i) that the length of the medical absence does not exceed fourteen days, and (ii) that the resident returns to the home before the end of the period for which the resident was admitted to the home; (c) in the case of a psychiatric absence of a long-stay resident, (i) that the length of the psychiatric absence does not exceed 45 days, or (ii) that the length of the psychiatric absence exceeds 45 days but does not exceed sixty days and, before the end of the first 45 days of the psychiatric absence, the resident agrees in writing with the licensee of the home that, in addition to any other amounts the resident is required to pay, the resident will pay, for each day in excess of 45 that the resident is on the psychiatric absence, the daily bed-holding amount determined under this section; (d) in the case of a casual absence of a resident during the period between midnight on a Saturday and midnight on the following Saturday, (i) that the total length of the resident’s casual absences during the period does not exceed forty-eight hours, and (ii) if the resident is a short-stay resident, that the resident returns to the home before the end of the period for which the resident was admitted to the home; and (e) in the case of a vacation absence of a long-stay resident, that the total length of the resident’s vacation absences during the year does not exceed twenty-one days. O. Reg. 238/94, s. 2; O. Reg. 181/95, s. 2 (1, 2); O. Reg. 9/97, s. 1. (3) Revoked: O. Reg. 340/96, s. 2. (4) The daily bed-holding amount for a day after March 31, 1995 is $53. O. Reg. 181/95, s. 2 (3).
Absences
47.1 (1) A licensee of a nursing home shall discharge, (a) a long-stay resident who is on a medical absence for more than twenty-one days and does not, before the end of the first twenty-one days of the medical absence, enter into the written agreement referred to in subclause 47 (2) (a) (ii); (b) a long-stay resident who is on a medical absence for more than fifty-one days; (c) a short-stay resident who is on a medical absence for more than fourteen days; (d) a long-stay resident who is on a psychiatric absence for more than thirty days and does not, before the end of the first thirty days of the psychiatric absence, enter into the written agreement referred to in subclause 47 (2) (c) (ii); (e) a long-stay resident who is on a psychiatric absence for more than sixty days; (f) a short-stay resident who is on a psychiatric absence or a vacation absence; (g) a long-stay resident if the total length of the resident’s vacation absences during the year exceeds twenty-one days; and (h) despite section 47, a long-stay resident who does not pay the bed-holding amount that the resident has agreed to pay under subclause 47 (2) (a) (ii) or (c) (ii). O. Reg. 238/94, s. 2. (2) A licensee of a nursing home may discharge a resident if the total length of the resident’s casual absences during the period between midnight on a Saturday and midnight on the following Saturday exceeds forty-eight hours. O. Reg. 238/94, s. 2.
Absences
47.2 (1) When a long-stay resident of a nursing home is on a medical absence, a psychiatric absence or a vacation absence and when a short-stay resident of a nursing home is on a medical absence, the licensee of the home shall use best efforts to maintain contact with the resident in order to determine when the resident will be returning to the home. O. Reg. 238/94, s. 2. (2) A licensee of a nursing home shall use best efforts to ensure that before a long-stay resident of the home leaves for a casual absence or a vacation absence and before a short-stay resident of the home leaves for a casual absence, (a) a physician or a registered nurse in the extended class attending the resident sets out in writing the care required to be given to the resident during the absence; and (b) the resident, or the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, undertakes to the licensee in writing that the person giving the undertaking, (i) will take all reasonable steps to ensure that the care required to be given to the resident is received by the resident during the absence, (ii) assumes full responsibility for the care, safety and well-being of the resident during the absence, and (iii) will notify the administrator of the home if the resident is admitted to a hospital during the absence. O. Reg. 238/94, s. 2; O. Reg. 61/03, s. 2 (1). (3) A licensee of a nursing home shall use best efforts to ensure that, (a) before a long-stay resident of the home leaves for a medical absence or a psychiatric absence and before a short-stay resident of the home leaves for a medical absence, a physician or a registered nurse in the extended class attending the resident authorizes the absence in writing; and (b) notice of a long-stay resident’s medical absence or psychiatric absence and notice of a short-stay resident’s medical absence is given to the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care and to such other person as the resident designates, (i) at least twenty-four hours before the resident leaves the home, or (ii) if circumstances do not permit twenty-four hours notice, as soon as possible. O. Reg. 238/94, s. 2; O. Reg. 61/03, s. 2 (2).
Absences
47.3 The provisions of this Regulation relating to the care and treatment of a resident do not apply to a resident who is on a medical absence, a psychiatric absence, a casual absence or a vacation absence. O. Reg. 238/94, s. 2.
Absences
47.4 A licensee of a nursing home shall ensure that each medical absence, psychiatric absence, casual absence and vacation absence of a resident of the home is recorded and that the record is kept for a period of at least two years after the date the absence begins. O. Reg. 238/94, s. 2. Discharge
Discharge
48. (1) No licensee shall discharge a resident from a nursing home unless permitted or required to do so by this section or section 47.1. O. Reg. 181/95, s. 3 (1). (2) A licensee may discharge a resident from a nursing home if, (a) the licensee is informed by the inter-disciplinary team providing the resident’s care or, in the case of a resident who is absent from the nursing home, by the resident’s physician or a registered nurse in the extended class attending the resident, that the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, and other arrangements are made to provide the accommodation, care and secure environment required by the resident; (b) the resident decides to leave the home and signs a request to be discharged; (c) the resident leaves the home and informs the administrator of the home that he or she will not be returning to the home; or (d) the resident is absent from the home for a period exceeding seven days and has not informed the administrator of the home of his or her whereabouts, and the administrator has taken reasonable steps to locate the resident but has not been able to do so. O. Reg. 373/94, s. 11; O. Reg. 121/02, s. 3; O. Reg. 61/03, s. 3. (2.1) A licensee shall discharge a resident from a nursing home when the licensee is aware that the resident has died. O. Reg. 181/95, s. 3 (2). (3) A licensee may discharge a short-stay resident from a nursing home at the end of the period for which the resident was admitted to the home. O. Reg. 373/94, s. 11. (4) A licensee of a nursing home shall use its best efforts to ensure that notice of a resident’s discharge is given to the resident, to the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care and to such other person as they may direct, (a) as far in advance of the discharge as possible; or (b) if circumstances do not permit notice to be given before the discharge, as soon as possible after the discharge. O. Reg. 373/94, s. 11. (5) Before discharging a resident from a nursing home under clause (2) (b) or (c), the licensee of the home shall assist the resident and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care to plan for the discharge, by identifying alternative accommodation, service organizations and other resources in the community. O. Reg. 373/94, s. 11.
Discharge
49. (1) A licensee of a nursing home shall require the inter-disciplinary team providing a resident’s care to inform the licensee if the team is of the opinion that the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident. O. Reg. 121/02, s. 4. (2) If a licensee of a nursing home is informed by the inter-disciplinary team providing a resident’s care that, in the opinion of the team, the nursing home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, the licensee shall ensure that arrangements are made for the resident to be admitted to a hospital or other facility better suited to provide the accommodation, care and secure environment required by the resident. O. Reg. 121/02, s. 4. Physicians and Registered Nurses in the Extended Class