Or. Admin. Code § 309-040-0365 - Facility Standards

(1) In order to qualify for or maintain a license, an AFH must meet and maintain the following provisions:

(a) Demonstrate compliance with Oregon Structural Specialty Code (OSSC) and Oregon Fire Code;

(b) Maintain up-to-date documentation verifying they meet applicable local business license, zoning, and building and housing codes and state and local fire and safety regulations. It is the responsibility of the provider to check with local government to be sure all applicable local codes have been met;

(c) For AFH's licensed on or after October 1, 2004, meet all applicable Americans with Disabilities Act standards, state building, mechanical, and housing codes for fire and life safety. The AFH must be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five persons as described in Appendix R of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Division, a request for fire inspection must be made to the State Fire Marshal;

(d) The building and furnishings must be clean and in good repair and grounds must be maintained. Walls, ceilings, and floors must be of such character to permit frequent washing, cleaning, or painting. There must be no accumulation of garbage, debris, rubbish, or offensive odors;

(e) Stairways must be provided with handrails. A functioning light must be provided in each room, stairway, and exit way; exterior light fixtures must be protected with appropriate covers as necessary. Yard and exterior steps must be accessible to residents;

(f) The heating system must be in working order. Areas of the AFH used by residents must be maintained at no less than 68 degrees Fahrenheit during the day and 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, the provider must make a reasonable effort to make the residents comfortable using available ventilation, fans, or air conditioning;

(g) There must be at least 150 square feet of common space and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of all the occupants at one time. Common space must not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space is required if wheelchairs are to be accommodated;

(h) Pools, hot tubs, and ponds must be equipped with sufficient safety barriers or devices to prevent accidental injury in accordance with the Oregon Residential Specialty Code.

(i) The address numbers of the adult foster home must be placed on the home or within 10 feet of the driveway to the home in a position that is legible and clearly visible from the street or road fronting the property. Address numbers must be a minimum of 4 inches in height, made of reflective material and contrast with their background.

(j) The AFH must have a minimum of two unobstructed exits to the exterior of the home, the use of which is accessible within the capabilities of the persons residing in the home.

(k) All doors in the means of egress must be maintained clear and unobstructed and have an obvious method of operation. Exterior exit doors must have latching knob hardware. Hasp, sliding bolt, hook, and double-key dead bolts are not permitted.

(l) Any locks used inside of the home to secure space large enough for a person to fit inside must be single action. The single action release function must be installed in a manner that prevents a person from being locked into the space.

(m) Manufactured or mobile home units must have been built since 1976 and designed for use as a home rather than a travel trailer. The units must have a manufacturer's label permanently affixed to the unit, which states it meets the requirements of the Department of Housing and Urban Development (HUD) or the authority having jurisdiction (AHJ).

(2) Any accessibility improvements made to accommodate an identified resident must be in accordance with the specific needs of the resident and comply with the applicable building code.

(3) An AFH must have an accessible outdoor area that must be made available to residents.

(4) Storage of a reasonable size for a resident's belongings beyond that of the resident's unit must be made available

(5) All yard maintenance equipment must be maintained in locked storage if such equipment poses a safety threat;

(6) A locked storage area for resident medications separate from food, laundry, and toxic or hazardous materials must be made accessible to all caregivers. For residents who have a self-administration order, the provider must make a secured locked box available to assure the safety of all occupants of the home;

(7) Nontoxic and nonhazardous materials must be used whenever possible. When necessary to the operation of the AHF, toxic or hazardous materials must be safely and properly stored in clearly labeled, original containers, separately from food and medications, and must be kept in locked storage.

(8) All bathroom equipment must be clean and in good repair, provide resident privacy, and must have but is not limited to, the following:

(a) A finished interior, a mirror, an operable window or other means of ventilation, and a window covering;

(b) Tubs or showers, toilets and sinks. A sink must be located near each toilet. A toilet and sink must be provided on each floor where rooms of non-ambulatory residents or residents with limited mobility are located. There must be at least one toilet, one sink, and one tub or shower for each six household occupants, including the provider and family;

(c) Hot and cold water in sufficient supply to meet the needs of residents for personal hygiene. Hot water temperature sources for bathing areas must not exceed 120 degrees Fahrenheit for residents identified as being at risk of personal injury associated with hot water access;

(d) Shower enclosures with nonporous surfaces. Glass shower doors must be tempered safety glass. Shower curtains must be clean and in good condition. Non-slip floor surfaces must be provided in tubs and showers;

(e) Grab bars for toilets, tubs, or showers for safety as required for by residents identified as having balance or mobility impairments.

(f) The AFH may not be designed to allow a resident or employee to walk through another resident's bedroom to get to a bathroom. Residents must have barrier-free access to toilet and bathing facilities with appropriate fixtures.

(g) If there are non-ambulatory residents, alternative arrangements must be appropriate to meet the non-ambulatory resident's needs for maintaining good personal hygiene.

(h) Resident must have appropriate racks or hooks for drying bath linens.

(9) All furniture and furnishings must be clean and in good repair.

(10) Units for all household occupants must have been constructed as a bedroom when the home was built or remodeled under permit; be finished, with walls or partitions of standard construction that go from floor to ceiling, and a door which opens directly to a hallway or common use room without passage through another unit or common bathroom; be adequately ventilated, heated, and lighted.

(a) Every sleeping room must have at least one operable window or door approved for emergency escape or rescue. Windows must have a net clear opening of not less than 5.7 square feet (0.53 m2) or 821 square inches (529 676 mm2). The net clear opening height of windows must be not less than 24 inches (610 mm). The net clear opening width of windows must be not less than 20 inches (508 mm). Where windows are provided as a means of egress, they must have a sill height of not more than 44 inches (1118 mm) above the floor. Grade floor windows with a clear opening of not less than 5 square feet (0.46 m2) or 720 square inches (464 515 mm2) with sill heights of 44 inches (1118 mm) may be accepted where approved by the local fire authority.

(b) Bedrooms and living quarters must have a minimum of two unobstructed exits.

(11) All units must include a minimum of 70 square feet of usable floor space for each resident or 120 square feet for two residents, have no more than two persons per room, and allow for a minimum of three feet between beds. In addition, the provider must ensure that:

(a) Each unit has an entrance door with an interior lock for the resident's privacy:

(A) The locking device must release with a single-action lever on the inside of the unit and open to a hall or common use room;

(B) The provider must provide each resident with a personalized key that operates only the door to his or her unit door from the corridor side;

(C) The provider must maintain a master key to access all of the units that is quickly available to the provider and staff;

(D) The provider may not disable or remove a lock to a unit without first obtaining consent from the resident through the individually based limitations process outlined in OAR 309-040-0393.

(b) Providers, resident managers, or their family members must not sleep in areas designated as living areas or share units with residents;

(c) In determining maximum capacity, consideration must be given to whether children over the age of five have a bedroom separate from their parents;

(d) Units must be on ground level for residents who are non-ambulatory or have impaired mobility;

(e) Resident units must be in close enough proximity to alert the provider or resident manager to night time needs or emergencies or be equipped with a call bell or intercom. Child monitoring devices may not be used as a substitute.

(f) Bedrooms used by the provider, resident manager, and substitute caregiver, must be in the AFH and must have direct access to the individuals through an interior hallway or common use room.

(12) AFH's established on or after October 1, 2004, must meet all applicable state building, residential, fire, mechanical, and housing codes for fire and life safety. The AFH must be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five residents. Refer to Appendix R of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Division, a request for fire inspection must be made to the State Fire Marshal.

(13) Special hazards such as the following:

(a) Noncombustible and nonhazardous materials must be used whenever possible. When necessary to the operation of the AFH, flammable and combustible liquids, and hazardous materials must be safely and properly stored in original, properly labeled containers, or safety containers and secured to prevent tampering by resident or others. Firearms stored on the premises of an AFH must be stored in a locked cabinet. The firearms cabinet must be located in an area of the home that is not readily accessible to residents, and all ammunition must be stored in a separate, locked location that is not readily accessible to residents.

(b) Smoking regulations must be adopted to allow smoking only in outside designated areas and in compliance with the Oregon Indoor Clean Air Act as outline in OAR 333-015-0035. Smoking must be prohibited in all indoor areas including sleeping rooms and on all outdoor upholstered furniture. Ashtrays of noncombustible material and safe design must be provided in areas where smoking is permitted;

(c) Cleaning supplies, poisons, and insecticides must be properly stored in original, properly labeled containers in a safe area away from food, preparation and storage of food, dining areas, and medications.

(14) All furniture and furnishings must be clean and in good repair. There must be at least 150 square feet of common space and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of all occupants at one time. Common space may not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space must be required if wheelchairs are to be accommodated.

(15) All laundry equipment must be clean and in good repair. Laundry facilities must be separate from food preparation and other resident use areas. The provider must maintain the following:

(a) Locked storage area for chemicals that pose a safety threat to residents or family members identified to be at risk of personal injury;

(b) Sufficient, separate storage and handling space to ensure that clean laundry is not contaminated by soiled laundry; and

(c) Outlets, venting, and water hookups according to State Building Code requirements.

(16) All kitchen equipment must be clean and in good repair. The provider must maintain an area for dry storage, not subject to freezing, in cabinets or a separate pantry with a minimum of one week's supply of staple foods. The provider must maintain the following:

(a) Sufficient refrigeration space maintained at 40 degrees Fahrenheit or less and freezer space maintained at 0 degree Fahrenheit or less for a minimum of two days' supply of perishable foods;

(b) A dishwasher

(c) Smooth, nonabsorbent and cleanable counters for food preparation and serving;

(d) Appropriate storage for dishes and cooking utensils designed to be free from potential contamination;

(e) Stove and oven equipment for cooking and baking needs;

(f) Storage for a mop and other cleaning tools and supplies used for food preparation, dining, and adjacent areas. Such cleaning tools must be maintained separately from those used to clean other parts of the home; and

(g) Dining Space where meals are served must be provided to seat all residents at the same seating.

(17) Exit doors may not have locks that prevent evacuation except as permitted by the applicable building code. An exterior door alarm or other acceptable system may be provided for security purposes and alert the provider when residents or others enter or exit the home.

(18) The heating and if applicable, air conditioning system must be in good repair, used properly, and maintained according to the manufacturer's or a qualified inspector's recommendations:

(a) Areas of the AFH used by residents must be maintained at no less than 68 degrees Fahrenheit during daytime hours and no less than 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, maximum temperatures must not exceed 78 degrees Fahrenheit. The provider must make reasonable effort to make the residents comfortable using available ventilation or fans;

(b) All toilets and shower rooms must be ventilated by a mechanical exhaust system or operable window;

(c) Design and installation of fireplaces, furnaces, pellet stoves, and wood stoves must meet standards of the Oregon Mechanical, Residential Specialty Code, the manufacturer's specifications, under permit where applicable, and have annual inspections to assure no safety hazard exists;

(A) A provider who does not have a permit verifying proper installation of an existing wood stove, pellet stove, or gas fireplace must have it inspected by a qualified inspector, Certified Oregon Chimney Sweep Association member, National Fireplace Institute technician certified in wood or pellet stoves, or Oregon Hearth, Patio, and Barbecue Association member and follow the inspector's recommended maintenance schedule.

(B) Approved and listed protective glass screens or metal mesh screens anchored top and bottom must be installed on working fireplaces and solid-fuel-burning appliances.

(C) Heat sources such as woodstoves, working fireplaces and solid-fuel-burning appliances must have a 36-inch buffer or barrier space.

(D) Unvented oil, gas, or kerosene heaters must not be used.

(19) Hot water temperatures must be maintained within a range of 110¼ to 140 120 degrees Fahrenheit.

(20) All electrical systems must meet the standards of the Oregon Electrical Specialty Code in effect on the date of installation, electrical equipment and wiring must be in accordance with Chapter 6 of the Oregon Fire Code and other nationally recognized standards. and all electrical devices must be properly wired and in good repair:

(a) When not fully grounded, GFI-type receptacles or circuit breakers as an acceptable alternative may protect circuits in resident areas;

(b) Circuit breakers or non-interchangeable circuit-breaker-type fuses in fuse boxes must be used to protect all electrical circuits. There must be a minimum clear radius of not less than 36 inches around electrical panels to permit safe operation and maintenance. Nothing may be stored in front of electrical panels;

(c) A sufficient supply of electrical outlets must be provided to meet resident and staff needs without the use of extension cords or outlet expander devices. Electrical outlets, light switches and other electrical box openings must have covers. Interior power outlets may not be sourced for power to exterior spaces. Listed and labeled re-locatable power strips or taps (RPTs) with circuit breaker protection are permitted for indoor use only and must be installed and used in accordance with the manufacturer's instructions. If RPTs are used, the RPT must be directly connected to an electrical outlet, never connected to another RPT (known as daisy-chaining or piggy-backing), never connected to an extension cord, and may not be used in place of permanent wiring;

(d) A functioning light must be provided in each room, stairway, and exit way. Lighting fixtures must be provided in each resident bedroom and bathroom with a light switch near the entry door and in other areas as required to meet task illumination needs;

(e) Incandescent light bulbs must be protected with appropriate covers, unless the bulb is designed by the manufacturer to be used without a cover.

(21) All plumbing must meet the Oregon Plumbing Specialty Code in effect on the date of installation, and all plumbing fixtures must be properly installed and in good repair.

(22) Telephones:

(a) A telephone must be available and accessible in a common area of the home 24 hours a day for residents' use for incoming and outgoing calls in the AFH.; Resident restrictions to phone access can only be implemented with an individually based limitation.

(b) A list of emergency telephone numbers and emergency contact information must be kept by the phone and must include:

(A) The name and emergency contact number for the provider;

(B) An alternate caregiver name and phone number if the provider is not available;

(C) The street address of the AFH;

(D) Emergency dispatch (911) and non-urgent police and fire contact numbers;

(E) Poison control;

(F) The local hospital;

(G) The Office of Training, Investigations, and Safety;

(H) Oregon SAFELINE [1-855-503-SAFE (7233)] and

(I) Non-emergency numbers for contacting caseworkers, the CMHP, the HSD, Disability Rights Oregon, the local public health office and emotional support lines available in the area.

(c) The provider may establish reasonable rules governing telephone use to ensure equal access by all residents. Each resident or guardian (as applicable) is responsible for payment of charges or fees associated with their phone use. Charges associated with phone use must be described in each resident's residential agreement.

(23) LGBTQIA2S+ Protections and the LGBTQIA2S+ Nondiscrimination Notice, as described in OAR 411-049-0135(1)(i), must be posted in all places and on all materials where that notice or those written materials are posted.

Notes

Or. Admin. Code § 309-040-0365

MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Sections (8)-(10) renumbered to 309-040-0052; MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0050, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8- 30-17; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; BHS 5-2025, amend filed 02/28/2025, effective 3/1/2025

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 443.705 - 443.825