W. Va. Code R. § 64-11-10 - Service Environment

10.1. Physical Environment:

10.1.1. Water supply:

10.1.1.a. All water systems shall comply with the applicable rules of the Department of Health.

10.1.1.b. All drinking water fountains shall be sanitary and accessible.

10.1.2. Sewage disposal. -- All facilities shall be served by an approved public sewage system or by a sewage disposal system that has been approved by the Secretary according to the design standards and rules of the Department of Health.

10.1.3. Lighting, Ventilation, Heating.

10.1.3.a. By natural or mechanical means, all rooms shall provide adequate heating, illumination, and ventilation.

10.1.3.b. The following shall be prohibited:

10.1.3.b.1. Unvented, fume-producing heating devices; and

10.1.3.b.2. Unprotected open heaters.

10.1.4. Requirements for Group Homes and 24-Hour Residential Treatment Facilities owned, leased, or operated by a Behavioral Health Center.

10.1.4.a. Bedrooms shall be adequately furnished and provide a minimum of 80 square feet of floor space per person for one-person occupancy and a minimum of 60 square feet of floor space per person for two-or-more person occupancy. Bunk beds are not to be used. For infants delivered to a mother participating in a mother/baby program, a variance may be granted to the square footage requirement.

10.1.4.b. Each occupant of a facility shall be provided a permanent, separate bed with a clean, comfortable, covered mattress, clean bedding, clean towels, and other furnishings appropriate to the length of stay and needs of the occupant.

10.1.4.c. Each room shall be arranged in consideration of the occupants' clinical needs.

10.1.4.d. Each bedroom window shall have covering for privacy.

10.1.4.e. Furnishings shall be homelike and personalized.

10.1.4.f. Facilities shall have appropriate storage areas for items such as foodstuffs, utensils, work materials, cleaning supplies, clothing, linens, medicines, and toxic materials.

10.1.4.g. Poisons and other potentially hazardous items shall be kept in a locked place but may be used by consumers who have documented training to use them.

10.1.4.h. Each facility shall provide a sufficient number, based on applicable standards and proposed consumer census, of accessible, safe, comfortable, and clean lavatories, bathtubs, and showers equipped with hot and cold running water and a mixing faucet to ensure a water temperature not to exceed 110 degrees Fahrenheit.

10.1.4.i. Each facility shall document monthly water temperature with the reading obtained from each mixing faucet.

10.1.4.j. Solid waste storage shall be sufficient to contain all solid waste in a safe and sanitary manner.

10.1.4.k. Solid waste, including garbage and refuse, shall be removed from the premises weekly or more often if necessary;

10.1.4.l. Grounds and structures shall be kept free of insects, rodents, and vermin that stand to pose a threat to the health or safety of consumers or employees by an effective pest control program. Pesticides shall be applied only by an applicator certified by the West Virginia Department of Agriculture or a registered technician operating under the supervision of a certified applicator; and

10.1.4.m. Each facility shall keep weekly temperature logs of all refrigerators and freezers that store consumer food.

10.2. Safety and Environmental Quality.

10.2.1. The provider shall provide services in an environment (buildings, grounds, and equipment) that meets all applicable federal, state, and local health, building, safety, and fire codes unless the location for provision of service is the consumer's natural family home.

10.2.2. All structures and equipment owned, leased, or rented by the provider for use with consumers shall be clean, safe, accessible, and appropriate for the needs of the consumer. All such structures and equipment shall be kept in good repair.

10.2.3. Facilities and buildings owned, leased, or rented by the provider for use with consumers shall be clean, safe, accessible, and appropriate for the needs of the consumer.

10.2.4. The provider shall post by the telephone in all provider-owned or leased direct care and residential service locations emergency telephone numbers for the fire department, poison control hotline, local police, and on-call staff. Capable consumers shall be instructed on how and when to use them.

10.2.5. Buildings owned or leased by the provider shall be in compliance with Title III of the Americans with Disabilities Act unless otherwise exempted. The provider shall develop and implement a plan to address issues of access, i.e., the removal of structural barriers through ramps, widened doorways, and accessible parking; removal of obstructing furniture; widening of toilet stalls; installation of grab bars; and other modifications that are readily achievable within the resources of the provider and based upon the needs of the consumers served.

10.2.6. All buildings owned, leased, or rented by the provider for consumer use shall conform to the current Life Safety Code of the National Fire Protection Association, unless exempted by the State Fire Marshal.

10.2.7. The provider shall have documentation that the facilities owned or leased by the provider and used for services are in substantial compliance with the State Fire Code. That evidence shall be renewed as required by the State Fire Marshal.

10.2.8. The provider shall conduct quarterly fire drills in its residential and daytime group setting locations, some of which shall be held during rest or sleeping periods.

10.2.9. The provider shall check fire extinguishers monthly to ensure they have adequate pounds per square inch and have fire suppression systems reviewed by a qualified professional annually.

10.2.10. The provider shall not maintain any firearms or chemical weapon within the structures of the facility or in a vehicle when the vehicle is used to transport a consumer.

10.2.11. All power-driven equipment used by a facility shall be kept in sage and good repair. The equipment shall be used by consumers only under the supervision of a trained staff member.

10.2.12. The provider shall provide adequate housekeeping, laundry, maintenance, storage, and other administrative support functions required to carry out the provision of behavioral health services and supports. The laundry room shall have separation between the soiled and clean laundry with mechanical ventilation in the soiled area, a clean area large enough for folding linens, and venting to the outside for any electric or gas dryer.

10.2.13. The provider shall demonstrate through infection control, emergency preparedness, and other means that it identifies, monitors, reduces, and eliminates health and safety risks.

10.2.14. The provider shall evaluate the likelihood of exposure to blood borne pathogens for all persons likely to come in contact with blood.

10.3. Food Services.

10.3.1. If food services are provided or if food is managed by the provider in a consumer residence, food shall be stored, prepared, and served in a sanitary manner.

10.3.2. The provider shall conform to the requirements for food service as specified by the Department's Legislative Rule, Food Establishments, 64CSR17.

10.3.3. Food services, when provided, shall:

10.3.3.a. Meet or exceed national nutrition standards;

10.3.3.b. Be planned with regularly documented assistance;

10.3.3.c. Provide well balanced meals and snacks; and

10.3.3.d. Be provided in accordance with the consumer's development level, including all modified and special diets.

Notes

W. Va. Code R. § 64-11-10