Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-5-4 - ASSISTED LIVING FACILITIES › Section 420-5-4-.12 - Physical Environment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) 
			 Buildings and Grounds
(a) The assisted living
			 facility including site and grounds must be constructed, arranged, and
			 maintained to ensure the safety of the residents and building
			 occupants.
(b) Building
			 Classification.
1. Family assisted living
			 facilities shall be planned to serve the types of residents to be admitted and
			 shall comply with the
Life Safety Code
Chapter for One- and
			 Two-Family Dwellings, and shall comply with Sections (1), (2), (3), and (4) of
			 AAC Rule 420-5-4-.12.
2. Group assisted living facilities shall be
			 planned to serve the residents to be admitted and shall comply with Section
			 (1), (2), (3), and (5) of AAC Rule
			 420-5-4-.12.
3. Congregate assisted living facilities
			 shall be planned to serve the residents to be admitted and shall comply with
			 Sections (1), (2), (3), (6) of AAC Rule
			 420-5-4-.12.
4. Renovation within the exterior walls of an
			 assisted living facility shall in no case be of such nature as to lower the
			 character of the structure below the applicable building requirements for the
			 classification of license held by the assisted living facility.
5. Dually Licensed Facility.
(i) For the purposes of meeting physical
			 facility and building code requirements, a building housing both a regular
			 assisted living facility and a specialty care assisted living facility shall be
			 classified as a Group or Congregate facility in accordance with the combined
			 licensed bed capacities of both facilities. For the purposes of meeting
			 resident care and administrative requirements, the specialty care assisted
			 living facility and the regular assisted living facility shall be separately
			 considered, and each shall be classified as a Congregate facility or a Group
			 facility in accordance with the licensed bed capacity of each, and the
			 determination shall not be based on their combined bed capacity. See Rule
			 420-5-20 for Specialty Care Assisted Living Facilities and
			 requirements.
(ii) When a facility
			 has a portion of a building licensed for specialty care residents, instead of
			 the entire facility, the sleeping, bathing, dining, and activity areas shall be
			 in a distinct and separate unit within the building, licensed for specialty
			 care assisted living. Administrative, kitchen, and service areas may be shared
			 between the two licensed portions.
(c) Location. All assisted living facilities
			 established or constructed shall be located so that they are free from undue
			 noises, smoke, dust, or foul odors. New assisted living facilities shall be
			 located at least 1,000 feet from railroads, freight yards, or disposal plants.
			 This distance can be reduced to 500 feet when facility is separated by a
			 boarded fence at least six feet high. This rule shall not prevent enlargement
			 or expansion of existing assisted living facilities.
(d) Local Restrictions. The location and
			 construction of all assisted living facilities shall comply with local zoning,
			 building, and fire ordinances. Evidence to this effect, signed by local fire,
			 building, or zoning officials, may be required as a condition of licensure. If
			 a facility is to be located in an area that does not have any zoning, building,
			 or fire authority review, a letter stating such shall be obtained from the
			 local county commission through official board action or from the office of the
			 probate judge.
(e) Assisted living
			 facilities shall be located on publicly maintained streets or roads, and
			 connected with driveways which shall be kept passable at all times.
(f) Occupancy. No part of an assisted living
			 facility may be rented, leased, or used for any commercial purpose not
			 reasonably necessary for the residents of the facility or the residents of
			 other licensed facilities on the same campus. A campus consists of the premises
			 occupied by the licensed facility together with all parcels or property that
			 the governing authority owns or has the legal right to occupy, and which are
			 separated from the remainder of the campus only by a public right of way.
			 Services provided within the facility shall be limited to serving the residents
			 of facilities on the campus that are licensed by the Department. The Department
			 shall approve all plans for occupancy.
(g) Basements. The basement shall be
			 considered as a story if it meets criteria established by the codes for a
			 story.
(h) The assisted living
			 facility must maintain adequate furnishings, fixtures, supplies, and equipment
			 for its services.
(i) Facilities,
			 supplies, and equipment must be maintained in safe operating
			 condition.
(j) There must be proper
			 ventilation, light, and temperature controls in pharmaceutical, food
			 preparation, and other appropriate areas.