Ohio Administrative Code|Rule 5123:2-3-08 | Staff training.

                                                
(A) Purpose
This rule establishes uniform standards and
		  procedures governing the development and renovation of residential facilities
		  subject to licensure in accordance with section 5123.19 of the Revised
		  Code.
(B) Definitions
(1) "Adult"
			 means an individual age eighteen and older.
(2) "Applicant"
			 means a person, as defined in section 1.59 of the Revised Code, or government
			 agency submitting a proposal and seeking approval from the department for
			 development of licensed beds.
(3) "Child"
			 means an individual less than age eighteen.
(4) "County
			 board" means a county board of developmental disabilities.
(5) "Department" means the Ohio department of
			 developmental disabilities.
(6) "Development" means an
			 applicant's plan for the operation of a licensed residential facility
			 including a plan for modification which is subject to approval of the
			 department.
(7) "Individual" means a person with a
			 developmental disability.
(8) "Initial
			 license" means written approval by the department to a licensee to operate
			 a residential facility for a period of one year.
(9) "Interim
			 license" means written approval by the department to a licensee to operate
			 a residential facility for a period not to exceed one hundred eighty calendar
			 days.
(10) "Intermediate care facility for
			 individuals with intellectual disabilities" has the same meaning as in
			 section 5124.01 of the Revised Code.
(11) "Licensed bed" means a bed
			 in a residential facility licensed by the department pursuant to section
			 5123.19 of the Revised Code.
(12) "Management contractor"
			 means a person, as defined in section 1.59 of the Revised Code, or government
			 agency that controls administrative or management services for a
			 licensee.
(13) "Modification"
			 means:
(a) A change in the identity of the licensee or management
				contractor of a licensed residential facility;
(b) A significant change in ownership of a licensed
				residential facility that occurs as the result of an acquisition, sale of a
				majority interest, merger, or when a family member is added to or removed from
				a license held by a family-owned business;
(c) A change in the address of some or all of the licensed
				beds;
(d) An increase or decrease in the number of licensed beds
				operated at a specific address;
(e) The rebuilding of a licensed residential facility at
				the same address;
(f) The rebuilding of a licensed residential facility at a
				different address; or
(g) A change in the type or source of funding of a licensed
				residential facility.
(14) "Renovation" means a
			 permanent change in the physical structure of a residential facility that
			 results in a change in the use of the facility and/or a change in its floor
			 plan since the most recent issuance of the facility's
			 license.
(15) "Residential facility" has
			 the same meaning as in section 5123.19 of the Revised Code.
(C) General principles
(1) No person or
			 government agency may apply for a license to operate a residential facility
			 without first obtaining development approval in accordance with this
			 rule.
(2) The department shall
			 not approve a proposal for the development of licensed beds or issue a license
			 under section 5123.19 of the Revised Code if the approval or issuance will
			 cause the number of licensed beds to exceed the number of licensed beds
			 permitted by section 5123.196 of the Revised Code.
(3) A residential facility may continue
			 to operate at the capacity for which it is licensed as of the effective date of
			 this rule.
(4) An applicant who has obtained
			 approval for a development proposal shall be permitted to proceed with
			 development in accordance with the terms of the approval granted by the
			 department.
(5) The number of licensed beds in an
			 intermediate care facility for individuals with intellectual disabilities shall
			 not exceed six unless the department determines, based upon documentation
			 provided by the operator, that the intermediate care facility for individuals
			 with intellectual disabilities requires capacity greater than six to be
			 financially viable, in which case the department may approve a capacity that is
			 not greater than eight.
(6) The number of licensed beds in a
			 residential facility that is not an intermediate care facility for individuals
			 with intellectual disabilities shall not exceed four.
(7) Licensed residential facilities shall
			 not exist on adjoining property sites except that licensed residential
			 facilities operating on adjoining property sites on the effective date of this
			 rule may continue to so operate.
(8) No more than one distinct and
			 separate physical structure may be licensed on the same property site except
			 that licensed residential facilities with more than one distinct and separate
			 physical structure licensed on the same property site on the effective date of
			 this rule may continue to so operate.
(9) Notwithstanding paragraph (C)(7) or
			 (C)(8) of this rule, multiple apartments within an apartment building or
			 complex of apartment buildings on the same property site may be licensed
			 individually when the apartments serve as the best alternative for maximizing
			 community integration.
(10) A county board may not assume
			 ownership of a residential facility.
(D) Feasibility requirements
(1) The licensee shall
			 identify the ages, abilities, and needs of individuals to be served at the
			 residential facility. The interior and exterior of the residential facility
			 shall be configured in a manner so that the residential facility:
(a) Is accessible to residents;
(b) Can accommodate the assessed needs and degree of
				ability of residents; and
(c) Provides for service delivery that is age-appropriate
				for residents.
(2) The residential
			 facility shall provide for two means of egress remote from each other for each
			 floor level, except basements which are not used as activity or program areas
			 and are limited to laundry use and storage.
(3) Each building or part
			 of a building and all utilities, sanitary facilities, and appliances shall be
			 designed, constructed, and installed in compliance with applicable rules of the
			 Ohio building code, the Ohio sanitary code, the Ohio fire code, and any county
			 or municipal building, safety, and fire regulations or codes.
(4) The residential
			 facility shall provide for parking spaces, curb cuts, walkways, exit/entry
			 ramps, toilets, showers, tubs, sinks, doorways, and other features that
			 facilitate accessibility.
(5) The residential
			 facility shall provide bathrooms and plumbing fixtures, including grab rails
			 where needed, appropriate for the age and degree of ability of the
			 individuals.
(6) All bathrooms and
			 plumbing fixtures shall be in compliance with applicable state and local
			 regulations, rules, codes, and ordinances.
(7) Only lead-free paints
			 and finishes shall be used in the residential facility.
(8) If the residential
			 facility has an outside play area and serves children six years of age and
			 younger who are ambulatory, the outside play area shall be enclosed by a fence
			 with a height sufficient to prevent egress from the area.
(9) Swimming pools shall
			 meet local and state requirements regarding construction, operation, and
			 sanitation.
(10) If the residential
			 facility has a gas furnace and/or gas water heater, the licensee shall maintain
			 a carbon monoxide detector in accordance with the manufacturer's
			 specifications.
(11) The residential
			 facility's address number shall be clearly visible from the
			 street.
(12) The licensee shall
			 have sufficient rooms, offices, and other space, including storage space,
			 needed by the licensee, administrator, and staff to carry out the functions of
			 the residential facility.
(13) The licensee shall
			 not erect any sign which labels the functions of the residential facility or
			 the individuals who reside therein.
(14) The names of
			 residential facilities and descriptions of the individuals residing in those
			 facilities shall not convey treatment, body parts, illness, disability, or
			 inactivity. A residential facility may not be referred to or use the words
			 "hospital," "nursing home," or "rest home" in its
			 name or letterhead.
(E) Space requirements and usage
(1) Living
			 area
(a) The residential facility shall have a minimum of eighty
				square feet of living area for each individual.
(b) Living area includes, but is not limited to, living
				rooms, dining rooms, recreation or family rooms, and portion of kitchen floor
				space available for individual use.
(c) Living area shall not include bedrooms, bathrooms,
				laundry rooms, closets, corridors, hallways, garages, and unfinished
				basements.
(2) Bedrooms
(a) Each bedroom occupied by one individual shall have a
				minimum of eighty square feet.
(b) Each bedroom occupied by more than one individual shall
				have a minimum of sixty square feet for each individual.
(c) No bedroom shall be occupied by more than two
				individuals.
(d) If the bedroom is below the grade level of the
				residential facility, the room must have two means of egress, one of which may
				be a window provided the individual using the room can safely evacuate through
				the window.
(e) Living rooms, dining rooms, entryways, closets,
				corridors, hallways, outside porches, unfinished attics, and unfinished
				basements shall not be used as bedrooms.
(f) Each bedroom shall be adequately ventilated and have at
				least one outside window complete with a window treatment to provide adequate
				privacy for the individual.
(g) Each bedroom occupied by individuals who are
				non-ambulatory shall be located on the first floor unless the residential
				facility has an automatic fire extinguishing system.
(h) Bedrooms shall not be used as throughways to and from
				other areas of the residential facility.
(3) Kitchen and
			 dining
(a) The residential facility shall have at least one area
				accessible to individuals used for the preparation and serving of food under
				sanitary conditions.
(b) Each area used for dining shall have a minimum of
				fifteen square feet for each individual in the residential facility, not
				including the area generally recognized as counter and appliance space
				necessary for the normal preparation of meals.
(4) Bathroom and
			 laundry
(a) The residential facility shall provide for toilet and
				bathing facilities at a minimum ratio of one to four, appropriate in size and
				design to meet the needs of the individuals. Toilet and bathing facilities
				shall be provided on each floor with bedrooms.
(b) The residential facility shall provide for individual
				privacy in toilets, bathtubs, and showers.
(c) Lavatories and bathing facilities shall be supplied
				with hot and cold running water maintained at a comfortable level for each
				individual to prevent injury.
(d) Laundry services shall be accessible to the individuals
				and adequate to meet their needs.
(F) Standards for reviewing development
		  proposals
In reviewing development proposals, the
		  department shall consider:
(1) The extent to which
			 the development proposal supports integration into the community;
(2) The objective of
			 reducing the number of beds at a single site;
(3) The objective of
			 reducing the number of beds in a single building;
(4) The outcome of prior
			 compliance reviews;
(5) The need for services
			 in the local community;
(6) The need for capital
			 improvements at the residential facility;
(7) For licensed beds in
			 a residential facility that is not an intermediate care facility for
			 individuals with intellectual disabilities, compatibility with home and
			 community-based character set forth by the centers for medicare and medicaid
			 services;
(8) The provider's
			 ability to meet the financial requirements of the development proposal;
			 and
(9) The county
			 board's recommendation regarding the development proposal.
(G) Development proposal process
(1) The applicant shall
			 submit a development proposal to the department in writing prior to the date of
			 the proposed modification. The proposal shall:
(a) Identify the owner of the license to operate the
				facility, the operator of the facility if different from the owner, the lessor
				of the facility if any, and any related party as defined in section 5165.01 of
				the Revised Code to the owner or operator of the facility.
(b) Describe the modification accurately and
				completely.
(c) Include an explanation when the licensee proposes to
				make a modification involving:
(i) A change in the
				  address of some or all of the licensed beds;
(ii) An increase or
				  decrease in the number of licensed beds operated at a specific
				  address;
(iii) The rebuilding of a
				  licensed residential facility at the same address;
(iv) The rebuilding of a
				  licensed residential facility at a different address; or
(v) A change in the type
				  or source of funding.
(d) Be submitted no less than sixty calendar days in
				advance when the licensee proposes to make a modification
				involving:
(i) A change in the
				  address of some or all of the licensed beds;
(ii) The rebuilding of a
				  licensed residential facility at the same address; or
(iii) The rebuilding of a
				  licensed residential facility at a different address.
(2) The department shall
			 notify the applicant in writing of the approval or disapproval of the
			 development proposal together with a statement of reason within sixty calendar
			 days of receipt of a complete application. The department shall maintain on its
			 website a list of development proposals and action taken thereon.
(3) The department shall
			 establish specific timelines for implementation of a development proposal at
			 the time of development approval.
(a) Failure to meet established timelines may result in
				withdrawal of development approval.
(b) Revisions or extensions to established timelines
				require prior written approval by the department.
(4) A person or
			 government agency desiring to operate a residential facility shall, after
			 obtaining development approval pursuant to this rule and establishing the
			 facility, notify the department in writing to request issuance of the initial
			 license no less than thirty calendar days prior to the date of the planned
			 opening of the facility. The department shall issue the initial license to the
			 licensee within twenty calendar days of determining the residential facility is
			 in compliance with all requirements and collection of the licensure fee which
			 shall be based on the number of licensed beds at the residential facility, that
			 is:
(a) One hundred dollars for a residential facility with
				fifteen or fewer beds; and
(b) Five hundred dollars for a residential facility with
				sixteen or more beds.
(5) The department may
			 issue an interim license when it determines initiation or continuation of
			 services at the residential facility is appropriate pending completion of the
			 development process (e.g., while a licensee is awaiting certification by the
			 Ohio department of health as an intermediate care facility for individuals with
			 intellectual disabilities).
(6) A person or government agency
			 submitting a development proposal to place a licensed bed on hold for future
			 development shall have three hundred sixty-five calendar days from the date of
			 approval of the development proposal to apply for a license for the residential
			 facility. The application for a license shall be submitted to the department no
			 less than sixty calendar days prior to the date of the planned opening of the
			 facility.
(7) The applicant may appeal the decision
			 of the department regarding a development proposal in accordance with rule
			 5123:2-17-01 of the Administrative Code.
(H) Renovation proposal
		  process
(1) When the licensee
			 proposes to make a renovation to a residential facility, the licensee shall
			 notify the department in writing no less than thirty calendar days in advance
			 of beginning such renovation.
(2) The licensee shall
			 provide any information required by the department in order for the department
			 to determine whether new inspections and/or a compliance review is required
			 following the renovation.
(3) The department shall
			 provide a written response to the licensee within fourteen calendar days after
			 receiving all the information it needs to determine whether new inspections
			 and/or a licensure compliance review is required following the
			 renovation.
(I) Waiving provisions of this rule
The provisions of this rule may be waived
		  pursuant to rule 5123:2-3-10 of the Administrative Code.