309-035-0140 Temporary rule language in effect until 06/27/2026. Setting Requirements (1) The provider must ensure that the setting requirements are met for the occupancy classification designated by the Oregon Building Code and the Oregon Fire Code prior to initial licensure. When a change in setting use results in a new building occupancy classification, the program’s setting must meet the requirements of the building occupancy classification. The provider must provide the Division a certificate of occupancy for the setting use upon request. (2) Programs must be accessible as follows: (a) Those settings or portions of settings that are licensed, constructed, or renovated after January 26, 1992, and that are covered multi-family dwellings or public accommodations must meet the physical accessibility requirements in chapters 10 and 11 of the Oregon Structural Specialty Codes. These codes specify requirements for public accommodations as defined in the Americans with Disabilities Act under Title III and for buildings qualifying as multi-family dwellings as defined in the Fair Housing Act as amended in 1988; (b) In order to ensure program accessibility under Title II of the Americans with Disabilities Act, the Division may require additional accessibility improvements; and (c) Any accessibility improvements made to accommodate an identified resident must be in accordance with the specific needs of the resident. (3) An accessible outdoor area is required and must be made available to all residents. For programs or portions thereof licensed on or after June 1, 1998, a portion of the accessible outdoor area must be covered and have an all-weather surface such as a patio or deck. (4) The setting must have sufficient and safe storage areas that include but not limited to: (a) Storage for a reasonable number of resident belongings beyond that available in the resident’s unit must be provided appropriate to the size of the setting; (b) All maintenance equipment including yard maintenance tools must be maintained in adequate storage space. Locked storage for equipment and tools is to be utilized if necessary for the individualized safety of one or more residents; and (c) Storage areas necessary to ensure a functional, safe, and sanitary environment consistent with OAR 309-035-0140 through 0155 and 309-035-0210 through 0215. (5) The provider must provide a unit for each resident, although the program may maintain units to be shared by more than one resident consistent with these rules. The unit must include sleeping accommodations for the resident and be separated from other areas of the setting by an operable door with an approved latching device. The provider must maintain units as follows: (a) For programs licensed prior to June 1, 1998, units must be a minimum of 60 square feet per resident and allow for a minimum of three feet between beds; (b) For programs or portions thereof initially licensed on or after June 1, 1998, units must be limited to one or two residents. At least ten percent of units, but no less than one unit, must be accessible for residents with mobility disabilities. All units must include a minimum of 70 square feet per resident exclusive of closets, vestibules, and bathroom facilities and allow a minimum of three feet between beds; (c) The provider must provide a lockable entrance door to each unit for the resident’s privacy, except as otherwise limited under OAR 309-035-0110(5), as follows: (A) The locking device must release with a single-action lever on the inside of the room and open to a hall or common-use room; (B) The provider must provide each resident with a personalized key that operates only the door to their unit from the corridor side; (C) The provider must maintain a master key to access all the units that is easily and quickly available to the provider, program administrator, and appropriate program staff; (D) The provider may not disable or remove a lock to a unit unless the provider has a signed consent to an individually based limitation from the resident or the resident’s legal representative, or as permitted under OAR 309-035-0110(5) through (8) and OAR 309-035-0195; and (d) Clothes closet with adequate clothes hanging rods must be accessible within each unit for each resident residing in the unit, for storage of each resident’s clothing and personal belongings. For programs initially licensed on or after June 1, 1998, built-in closet space must be provided totaling a minimum of 64 cubic feet for each resident. In an accessible unit, the clothes hanging rod height must be adjustable or no more than 54 inches in height to ensure accessibility for a resident using a wheelchair; and (e) Each unit must have exterior windows with a minimum net clear opening of 5.7 square feet. The window must readily open from the inside without special tools and must provide a clear, unobstructed opening with the minimum dimensions not less than 24 inches in height or 20 inches in width. The bottom of the opening must not be greater than 44 inches from the floor. (f) Unit windows must be equipped with curtains or blinds for privacy and light control. For programs or portions of programs initially licensed on or after June 1, 1998, an escape window must be provided consistent with building code requirements. (6) For programs initially licensed on or after June 1, 1998, all resident use areas and resident units must: (a) Be accessible through temperature controlled common areas or hallways; (b) Meet the size requirements as established by the State of Oregon Building Codes Division or their designee; and (c) Have accessible routes between accessible bedrooms and bathrooms and between common areas and required exits. (7) The setting must have sufficient space for confidential storage of both resident service records and business records, for program staff use in completing record-keeping tasks, and for a telephone. (8) Equipment, including fire alarm panels and other annunciators, must be installed in an area readily accessible to staff in accordance with the Oregon Fire Code. (9) Bathing and toilet facilities must be conveniently located for resident use and must: (a) Provide permanently wired light fixtures that illuminate all parts of the room; (b) Provide individual privacy for residents; (c) Provide a securely affixed mirror at eye level; (d) Be adequately ventilated; and (e) Include sufficient facilities specially equipped for use by residents with a physical disability in buildings serving such residents. (10) In programs licensed prior to June 1, 1998, a minimum of one toilet and one lavatory must be available for each eight residents, and one bathtub or shower must be available for each ten residents; and (11) In programs or portions of programs initially licensed on or after June 1, 1998, a minimum of one toilet and one lavatory must be available for each six residents, and a minimum of one bathtub or shower must be available for each ten residents, when these fixtures are not available in units. At least one centralized bathroom along an accessible route must be designed for disabled access in accordance with chapters 10 and 11 of the Oregon Structural Specialty Code. (12) The setting must include lounge and activity areas for social and recreational use by residents, program staff and invited guests of residents totaling no less than 15 square feet per resident. (13) Laundry facilities must be separate from food preparation and other resident use areas. When residential laundry equipment is installed, the laundry facilities may be located to allow for both resident and staff use. In programs initially licensed on or after June 1, 1998, separate residential laundry facilities must be provided when the primary laundry facilities are located in another building, are of commercial type, or are otherwise not suitable for resident use. The following must be included in the primary laundry facilities: (a) Countertops or spaces for folding tables sufficient to handle laundry needs for the program; (b) Locked storage for chemicals and equipment to be utilized if necessary for the for the individualized safety of one or more residents; (c) Outlets, venting, and water hook-ups according to state building code requirements; (d) Washers must have a minimum rinse temperature of 155 degrees Fahrenheit (160 degrees Fahrenheit recommended) unless a chemical disinfectant is used; and (e) Sufficient storage and handling space to ensure that clean laundry is not contaminated by soiled laundry. (14) Kitchen facilities and equipment in a setting may be of residential type except as required by the state building code and fire code or local agencies having jurisdiction. The setting’s kitchen must have the following: (a) Dry storage space not subject to freezing in cabinets or a separate pantry for a minimum of one week's supply of staple foods; (b) Sufficient refrigeration space for a minimum of two days’ supply of perishable foods. The space must be maintained at 40 degrees Fahrenheit or less and freezer space maintained at 0 degrees Fahrenheit or less; (c) A dishwasher may be approved residential type with a minimum final rinse temperature of 155 degrees Fahrenheit (160 degrees recommended) unless chemical disinfectant is used; (d) A separate food preparation sink, and hand washing sink; (e) Smooth, nonabsorbent and cleanable counters for food preparation and serving; (f) Appropriate storage for dishes and cooking utensils designed to be free from potential contamination; (g) Stove and oven equipment for cooking and baking needs; and (h) Storage for a mop and other cleaning tools and supplies used for food preparation for dining and adjacent areas. Cleaning tools must be maintained separately from those used to clean other parts of the setting. (15) The setting must have a separate dining room or an area where meals are served for use by residents, employees, and invited guests of residents: (a) In programs licensed prior to June 1, 1998, the setting’s dining area must seat at least half of the residents at one time with a minimum area of 15 square feet per resident; and (b) In programs or portions of programs initially licensed on or after June 1, 1998, the setting’s dining space must seat all residents with a minimum area of 15 square feet per resident exclusive of serving facilities and required exit pathways. (16) All details and finishes must meet the finish requirements of applicable sections of the Building Code and the Fire Code as follows: (a) Surfaces of all walls, ceilings, windows, and equipment must be nonabsorbent and readily cleanable; (b) The setting’s flooring, thresholds and floor junctures must be designed and installed to prevent a tripping hazard and to minimize resistance for passage of wheelchairs and other ambulation aids. In addition, hard surface floors and baseboards must be free from cracks and breaks, and bathing areas must have non-slip surfaces; (c) In programs or portions of programs initially licensed on or after June 1, 1998, all doors to units, bathrooms, and common use areas must provide a minimum clear opening of 32 inches; (d) In all programs: (A) Lever type door hardware must be provided on all doors used by residents; (B) Locks used on doors to resident units must be interactive to release with operation of the inside door handle and comply with the requirements established by OAR 309-035-0140(7)(c)(A), (B) and (D); (C) Exit doors must not include locks that prevent evacuation except in accordance with building code and fire code requirements and with written approval of the Division; and (D) An exterior door alarm or other acceptable system may be provided for security purposes and to alert staff when residents or others enter or exit the setting. (e) Handrails must be provided on all stairways as specified in the Building Code. (17) All areas of the setting must be adequately ventilated, and temperature controlled in accordance with the Mechanical and Building Code requirements: (a) Each setting must have and maintain heating and cooling equipment capable of maintaining a minimum temperature of 68 degrees Fahrenheit and a maximum temperature not exceeding 78 degrees Fahrenheit. (b) All toilet and shower rooms must be adequately ventilated with a mechanical exhaust fan, window mounted exhaust fan, or central exhaust system that discharges to the outside; (c) Where used, the design and installation of fireplaces, furnaces, wood stoves and boilers must meet standards of the Oregon Mechanical Specialty Code and the Oregon Boiler and Pressure Vessel Specialty Code, as applicable, in effect at the time of installation. Documentation of annual inspection noting safe and proper operation must be maintained at the setting; and (d) In resident-use areas, hot water temperatures must be maintained within a range of 110 to 120 degrees Fahrenheit. Hot water temperatures in laundry and kitchen areas must be at least 155 degrees Fahrenheit. (18) All wiring systems and electrical circuits must meet the standards of Oregon Electrical Specialty Code in effect on the date of installation. (19) All electrical devices must be properly wired and in good repair. The provider must ensure the following: (a) When not fully grounded, circuits in resident use areas must be protected by GFCI type receptacles or circuit breakers as an acceptable alternative; (b) A sufficient supply of electrical outlets must be provided to meet resident and staff needs; (c) No more than one power strip may be utilized for each electrical outlet; (d) Connecting power strips to one another or use of other outlet expansion devices is prohibited; and (e) Extension cord use in units and common use rooms is prohibited. (20) Lighting fixtures must be provided in each resident unit and bathroom, switchable near the entry door and in other areas as required to meet task illumination. (21) Lighting fixtures that illuminate evacuation pathways must be operable within ten seconds during a failure of the normal power supply and provide illumination for a period of at least two hours. (22) All plumbing must meet the Oregon Plumbing Specialty Code in effect on the date of installation. (23) All plumbing fixtures must be properly installed and in good repair. (24) The program must provide adequate access to telephones for private use by residents. The program must not limit the hours of availability for telephone use. A program may establish guidelines for fair and equal use of a shared telephone. Each resident or resident’s representative is responsible for payment of long-distance phone bills where the calls were initiated by the resident, unless other mutually agreed arrangements have been made. (25) Smoking and the use of smokeless tobacco is not allowed within the setting including within buildings or on the grounds. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026 BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 6-2024, amend filed 04/11/2024, effective 04/11/2024 BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 04/11/2024 MHS 5-2017, f. & cert. ef. 6-8-17 MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHD 4-2005, f. & cert. ef. 4-1-05 MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98 MHD 9-1985, f. & ef. 6-7-85 MHD 9-1984(Temp), f. & ef. 12-10-84