Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 28.00 - Licensing and Operational Standards for Community Services › Subpart B - STANDARDS FOR RESIDENTIAL SERVICE SITES › Section 28.13 - Physical Standards

Current through Register 1525, July 5, 2024
(1)
General Provisions
. A residential service site in a
				service must meet the following requirements:
(a) The site shall be located on state
				property or in a residential neighborhood or other setting appropriate to the
				services provided, the general design of which does not emphasize the site's
				separateness or differences from the surrounding community in such a way as to
				stigmatize or devalue persons.
(b)
				The site shall meet all applicable building and sanitary, and safety
				requirements, including without limitation standards for persons who are
				classified as impaired or partially impaired in accordance with
				104 CMR
				28.14, as appropriate.
(c) The site shall provide space for all the
				residential functions characteristic of a comfortable and homelike environment,
				including cooking, dining, recreation, socializing, sleeping, bathing and
				storing belongings.
(d) The site,
				including its heating, plumbing, lighting and ventilation systems, furnishings
				and equipment shall be maintained in good repair to ensure safety and physical
				comfort.
(e) Major environmental
				controls, including those for lighting, plumbing, windows and shades, shall be
				operable by and accessible to persons.
(f) The site shall store medication in
				accordance with
				104 CMR
				28.06(9).
(g) Persons shall be provided with bedroom
				space adequate for sleeping, dressing, personal care, and caring for personal
				possessions.
1. No more than two persons may
				occupy one bedroom.
2. Smoking
				shall be prohibited in resident sleeping rooms.
3. Each bedroom must meet minimum space
				requirements. Closet space shall not be included when calculating square
				footage:
a. A bedroom to be occupied by one
				person must be at least 100 square feet
b. A bedroom to be occupied by two persons
				must be at least 120 square feet.
4. Every bedroom shall have sufficient space
				to accommodate comfortably a bed, dresser, and closet space for each
				person.
5. Bedroom may not have
				security chains, night latches, double cylinder dead bolts, flush bolts or
				surface bolts; and an allowable lock on a bedroom door must be able to be
				opened by means of a master key.
(h) Each site shall provide bathroom
				facilities adequate for all persons and staff to carry out normal bathroom
				functions, including bathing and personal care, with staff assistance as
				needed.
(i) Each site shall have
				one means of egress and one escape route serving each floor and leading to
				grade. Any proven useable path to the open air outside at grade shall be deemed
				acceptable as an escape route including, but not limited to, connecting doors,
				porches, windows within six feet of grade, ramps, fire escapes, and balcony
				evacuation systems. There shall not be locks which prevent unimpeded exit on
				any doors which lead to a means or egress or escape route.
(j) Each site shall have smoke detectors and
				carbon monoxide detectors and fire extinguishers in accordance with the
				following:
1. A minimum of one smoke detector
				shall be provided for each 1200 square feet of area, or part thereof; provided
				however, one smoke detector shall be located outside each bedroom;
2. Carbon monoxide detectors shall be
				provided in accordance with the requirements of
				527 CMR
				1.05:
Modifications to NFPA
				1
- 2012 Edition.
3. A
				minimum of one portable fire extinguisher tagged and inspected shall be
				provided for each level of the site where persons served have access, including
				the attic and the basement, if any.
4. Providers are responsible for ensuring
				that smoke and carbon monoxide detectors and fire extinguishers are in good
				working condition at all times.
(k) All doors leading to areas where persons
				are not allowed under applicable building codes shall be maintained locked by
				provider staff.