3701-17-23 Space requirements; limitation of number in wards.

(A) In every building where there is a nursing home, the premises of which were initially licensed by the state as a nursing home prior to December 22, 1964 and have been in continuous operation since being initially licensed, every room occupied for sleeping purposes by one person shall have a habitable floor area of not less than eighty square feet and every room occupied for sleeping purposes by more than one person shall have a habitable floor area of not less than seventy square feet per person.

(B) In every building or addition to a building, erected or converted to use or initially licensed as a home after December 22, 1964, every room occupied for sleeping purposes by one person shall have a habitable floor area of not less than one hundred square feet and every room occupied for sleeping purposes by more than one person shall have a habitable floor area of not less than eighty square feet per person. In every building occupied as a home on December 22, 1964, every room added for sleeping purposes shall comply with this paragraph. Any building used as a home which is discontinued for such use shall, if such use is resumed, comply with this paragraph.

(C) Except as provided for in paragraphs (E) and (F) of this rule, in every building licensed by the state as a nursing home on December 22, 1964, no room, ward, section, or similar division used for sleeping purposes by residents shall be occupied by more than twelve residents.

(D) In every building or addition thereto, erected or converted to use or initially licensed as a nursing home after December 22, 1964, no room, ward, section, or similar division used for sleeping purposes by residents shall be occupied by more than six residents except as provided for in paragraphs (E) and (F) of this rule. Any building used as a nursing home which is discontinued for such use after the effective date of this rule shall, if such use is resumed, comply with paragraph (F) of this rule.

(E) All nursing homes existing and operating on the effective date of this rule shall have four years from the effective date of this rule to comply with the following provisions if, within one year of the effective date of this rule, the nursing home submits a plan to the director, outlining the steps to be taken to bring the home into compliance:

(1) No room, ward, section, or similar division used for sleeping purposes by residents shall be occupied by more than four residents; and

(2) Every room occupied for sleeping purposes by two or more persons shall have a habitable floor area of not less than eighty square feet per person.

(F) In every building or addition to a building, erected or converted to use or initially licensed as a home two hundred and seventy days or more after the effective date of this rule, every room occupied for sleeping purposes by residents shall be occupied by no more than two residents and shall be designed to assure full visual privacy, as defined in paragraph (B) of rule 3701-17-16 of the Administrative Code, for each resident.

R.C. 119.032 review dates: 05/19/2006 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 3721.04

Rule Amplifies: 3721.01 to 3721.19

Prior Effective Dates: 5/2/1966, 12/21/92, 10/20/2001