3701-17-64 Space requirements.

(A) For purposes of this rule, "habitable floor area" means the clear floor area of a bedroom or resident unit and the floor area occupied by the usual room furniture, such as beds, chairs, sofas, dressers, and tables and does not include areas partitioned off in the bedroom or resident unit such as closets and toilet rooms.

(B) Each residential care facility shall provide resident unit space for each resident which meets the following criteria:

(1) Except as provided for in paragraphs (B)(1)(a) and (B)(1)(b) of this rule, in facilities which were licensed prior to December 22, 1964, and in continuous operation since that date, every single-occupancy bedroom shall have a habitable floor area of not less than eighty square feet and every multi-occupancy bedroom shall have a habitable floor area of not less than seventy square feet per person.

(a) Resident units added after December 22, 1964, shall comply with paragraph (B)(2) of this rule; and

(b) Any building licensed as a facility on or before December 22, 1964, that discontinued operating as a facility and later resumed facility operation shall comply with paragraph (B)(2) of this rule.

(2) For every building or addition to a building erected or converted to use or initially licensed as a facility after December 22, 1964, every single-occupancy resident unit shall have a habitable floor area of not less than one hundred square feet and every multi-occupancy resident unit shall have a habitable floor area of not less than eighty square feet per person.

(3) No resident unit, bedroom, or similar division used for sleeping purposes by residents shall be occupied by more than four residents.

(4) A resident unit shall not be used as a passageway to other areas of the residential care facility.

(5) Each resident shall have a resident-activated call signal system in good working order that, at minimum, provides for the transmission of calls from resident rooms and toilet and bathing facilities and cannot be deactivated from any location except from where the resident initiated the call, unless the staff is able to communicate with the resident.

(6) Resident units shall be separated from halls, corridors, and other rooms by permanent floor-to-ceiling walls. Temporary partitions shall not be used to separate resident units;

(7) Each resident bedroom shall have a minimum of one window with a curtain, shade, or other appropriate covering to assure privacy and a screen if the window is operable;

(8) Each residential care facility shall ensure that each resident unit is equipped with the furnishings and supplies specified in paragraph (C) of rule 3701-17-65 of the Administrative Code.

(9) Each residential care facility shall assign non-ambulatory residents to resident units on a floor that exits to ground level unless there is an elevator to accommodate movement of such residents to other floors of the facility.

(C) Each residential care facility that provides meals shall have at least one room or suitable area to be used by residents for dining purposes that comfortably accommodates the number of residents to whom the residential care facility provides meals. All furniture shall be comfortable, safe, and functional.

(D) As used in this paragraph, "bathroom" means a room or rooms including at least one toilet, one shower or bathtub, and one sink. Each residential care facility shall provide at least one toilet, one shower or bathtub, and one sink for every eight residents living in the residential care facility. Each residential care facility shall meet the following requirements regarding bathroom facilities:

(1) The bathrooms and all the facilities therein shall be in good repair, in a clean and sanitary condition, free from filth and accumulation of waste.

(2) Bathrooms and all fixtures therein shall ensure resident privacy and dignity. Where there are more than one toilet or more than one bathtub or shower in a bathroom, each toilet and each bathtub or shower shall be enclosed in such a way as to maintain the privacy of each resident.

(3) Bathrooms shall conform to the Ohio building code.

(4) Bathrooms and all the facilities therein shall, at all times, be kept in good repair, in a clean and sanitary condition, and free from filth and accumulated waste, and shall be provided with a supply of toilet tissue, unless provided by the resident as specified in the resident agreement. Each hand washing basin shall be provided soap and a self-draining device or other appropriate dispenser unless provided by the resident as specified in the resident agreement. At a minimum, the residential care facility shall provide toilet tissue and soap in a self-draining device or other appropriate dispenser.

(5) There shall be nonskid surfacing and handrails or grab bars in each bathtub and shower. Each residential care facility shall also provide handrails or grab bars near each toilet in resident units occupied by individuals who need assistance with activities of daily living or, if resident units do not have toilets, near a sufficient number of toilets on each floor of the facility to accommodate such individuals.

(6) Each bathtub, shower, and sink shall have hot and cold running water. If the residential care facility is in control of the hot water temperature, the hot water shall be at least one hundred five degrees Fahrenheit and no more than one hundred twenty degrees Fahrenheit at the point of use. If a resident is in control of the hot water temperature in his or her resident unit, the residential care facility shall ensure that the hot water is at a safe temperature sufficient to meet the preferences of the resident.

Effective: 01/01/2013
R.C. 119.032 review dates: 09/25/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 3721, 04
Rule Amplifies: 3721.02 , 3721.03 , 3721.07 , 3721.071
Prior Effective Dates: 12/21/1992, 9/29/96, 12/01/01, 4/01/07