TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.110 GENERAL REQUIREMENTS
Section 370.110 General
Requirements
a) These Minimum Standards, Rules and Regulations apply to the
operator/licensee of facilities licensed and classified to provide community
living care.
b) The license issued to each operator/licensee shall designate
that the license is for the operation of a Community Living Facility and shall
include the following: the licensee's name, facility name, address, the number
of beds authorized for that facility, the date the license was issued and the
expiration date. Such licenses shall be issued for a period not to exceed one
(1) year.
c) The operator shall not admit residents in excess of the
licensed capacity of the facility.
d) A community living facility shall not use in its title or
description "Hospital," "Sanitarium,"
"Sanatorium," "Rehabilitation Center," "Skilled
Nursing Facility," or any other word or description in its title or
advertisements which indicates that a type of service is provided by the
facility which the facility is not licensed to provide or in fact, does not provide.
e) The licensee shall give sixty (60) days notice prior to
voluntarily closing a facility. Such notice shall be given to the Department,
to any residents who must be transferred or discharged, to the resident's
representative, and to a member of the resident's family, where practicable.
Notice shall state the proposed date of closing and the reason for closing.
The licensee shall offer to assist the resident in securing an alternative
placement and shall advise the resident on available alternatives. Where the resident
is unable to choose an alternate placement and is not under guardianship, the
Department shall be notified of the need for relocation assistance. The
facility shall comply with all applicable laws and regulations until the date
of closing, including those related to transfer or discharge of residents.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.120 APPLICATION FOR LICENSE
Section 370.120 Application
for License
a) Any person acting individually or jointly with other persons
who proposes to build, own, establish, or operate a community living facility,
shall submit pre-application information on forms provided by the Department.
The Department shall be furnished a written description of the proposed program
to be provided, and other such information as it may require. The
pre-application form and other required information shall be submitted and
approved prior to surveys of the physical plant or review of building plans and
specifications.
b) Application for a license to establish or operate a community
living facility, shall be made in writing and submitted, with other such
information as the Department may require, on forms provided by the Department.
c) All applications shall be accompanied by an application fee
of two hundred ($200) dollars.
d) The license is not transferable. It is issued to a specific
licensee and for a specific location. The license and the valid current
renewal certificate immediately becomes void and shall be returned to the
Department when the facility is sold, or leased; or when operation is
discontinued; or when operation is moved to a new location; or when the
licensee (if an individual) dies; or when the licensee (if a corporation or
partnership) dissolves or terminates; or when the licensee (whatever the
entity) ceases to be.
e) A license issued to a corporation shall become null, void and
of no further effect upon the dissolution of the corporation or loss of license
to conduct business in the State of Illinois issued by Illinois Secretary of
State if a foreign corporation.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.130 LICENSEE
Section 370.130 Licensee
a) The licensee is responsible for meeting the licensing
requirements. The licensee does not have to own the building being used.
b) If the licensee does not own the building, a lease or
management agreement between the licensee and the owner of the building is
required. A copy of the lease or management agreement shall be furnished to
the Department. The Department shall also be provided with copies of all new
lease agreements and any changes to existing agreements within thirty (30) days
of the effective date of such changes.
c) If the licensee is not a corporation or a political
subdivision of the State of Illinois, each person responsible for the operation
of the facility and upon whom rests the responsibility for meeting the
licensing Minimum Standards, Rules shall be at least eighteen (18) years of
age.
d)
1) As a condition of the issuance or renewal of the license of
a community living facility the applicant or licensee shall file a statement of
ownership, which shall be public information and which shall be available from
the Department. The Statement of Ownership shall include: the name, address,
telephone number, occupation, or business activity, business address and
business telephone number of the person who is the owner of the community living
facility and every person who owns the building in which the community living
facility is located, if other than the owner of the community living facility;
the name of every partner and stockholder of the owner if the owner is a
partnership or corporation; and, the address if any facility, wherever located,
any financial interest in which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
2) The applicant shall have on file with the Department for all
entities in the chain of ownership of the facility a copy of the Certificate of
Incorporation if a domestic corporation, the Certificate of Incorporation and
the Certificate of Authority to conduct business in Illinois if a foreign corporation,
the signed partnership (if any) if a partnership, the Trust Agreement if a
trust and a copy of any lease or management agreement not provided in
accordance with Section 370.130(b). The Department shall be provided with
copies of any amendments to these documents within thirty (30) days of the
effective date of such amendments.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.140 ISSUANCE OF AN INITIAL LICENSE FOR A NEW FACILITY
Section 370.140 Issuance of
an Initial License for a New Facility
a) Upon receipt and review of an application for a license and
inspection of the applicant facility, the Director shall issue a probationary
license if the facility is in substantial compliance with the Act and these
regulations.
b) A probationary license shall expire six (6) months from date
of issuance.
c) The Department shall conduct an investigation of the applicant
within thirty (30) days of the termination of the probationary license to
determine whether or not the applicant then complies. If in compliance, the
probationary license will be replaced with a regular license. If not in
compliance, the Department will allow the probationary license to expire.
d) Prior to actual receipt by the operator of the license
certificate, the operator may begin operation upon receipt of written approval
by the Department.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.150 ISSUANCE OF AN INITIAL LICENSE DUE TO A CHANGE OF OWNERSHIP
Section 370.150 Issuance of
an Initial License Due to a Change of Ownership
a) Upon receipt and review of an application for a license the
Director shall issue a probationary license if the facility is in substantial
compliance with the Act and these regulations.
b) Whenever ownership of a facility is transferred from the
person named in a license to any other person, the transferee shall obtain a
new probationary license. The transferee shall notify the Department of the
transfer and apply for a new license at least thirty (30) days prior to final
transfer.
c) The license granted to the transferee shall be subject to any
plan of correction submitted by the previous owner and approved by the
Department.
d) The Department will issue a probationary license for a period
of six (6) months from date of issuance if the facility is in substantial
compliance with all applicable statutes and rules.
e) The Department shall conduct an investigation of the applicant
within thirty (30) days of the termination of the probationary license to
determine whether or not the applicant then complies except as otherwise
determined in Section 9(3) of the Act. If in compliance, the probationary
license will be replaced with a regular license. If not in compliance the
Department will allow the probationary license to expire.
f) The issuance date of the probationary license to the new owner
will be the date the last licensure requirement is met as determined by the
Department. Prior to actual receipt by the operator of the license
certificate, the operator may begin operation upon receipt of written approval
by the Department.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.160 ISSUANCE OF A RENEWAL LICENSE
Section 370.160 Issuance of
a Renewal License
At least 120 days, but not more
than 150 days, prior to license expiration, the licensee shall submit an
application for renewal of the license in such form and containing such
information as the Department requires. If the Department determines that
the community living facility is in substantial compliance with the Act
and this Part, and has provided to the Department an accurate disclosure
document in accordance with the Alzeheimer's Special Care Disclosure Act
[220 ILCS 4], if applicable (see Section 370.165 of this Part), the Department shall
renew the regular license for another one-year period. (Section 9 of the
Act)
(Source: Amended at 23 Ill. Reg. 993, effective January 15, 1999)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.165 ALZHEIMER'S SPECIAL CARE DISCLOSURE
Section 370.165 Alzheimer's
Special Care Disclosure
A facility that offers to
provide care for persons with Alzheimer's disease through an Alzheimer's
special care unit or center shall disclose to the Department or to a
potential or actual client of the facility the following information in writing
on request of the Department or client:
a) The form of care or treatment that distinguishes the
facility as suitable for persons with Alzheimer's disease;
b) The philosophy of the facility concerning the care or
treatment of persons with Alzheimer's disease;
c) The facility's pre-admission, admission, and discharge
procedures;
d) The facility's assessment, care planning, and
implementation guidelines in the care and treatment of persons with Alzheimer's
disease;
e) The facility's minimum and maximum staffing ratios,
specifying the general licensed health care provider to client ratio and the
trainee health care provider to client ratio;
f) The facility's physical environment;
g) Activities available to clients at the facility;
h) The role of family members in the care of clients at the
facility; and
i) The costs of care and treatment under the program or at
the center. (Section 15 of the Alzheimer's Special Care Disclosure Act)
(Source: Added at 23 Ill. Reg. 993, effective January 15, 1999)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.170 DENIAL OR REVOCATION
Section 370.170 Denial or
Revocation
a) A license may be denied or revoked for any of the following
reasons:
1) Cruelty or indifference to residents.
2) Unlawful appropriation or conversion of the property of a
resident.
3) Committing, permitting, aiding, or abetting the commission of
any illegal act in the facility.
4) Substantial or repeated failure to operate or conduct the
facility in accordance with the Act and the Minimum Standards promulgated
pursuant thereto.
5) Submits false information either on Department Licensure
Form or during an inspection.
6) Securing the devise or bequest of the property of a resident
by undue influence.
7) In the case of an application by an existing licensee for a
new or newly-acquired facility, substantial, continuing or repeated failure of
the applicant to operate any previously licensed facility or facilities in
compliance with the provisions of the Act or of the Minimum Standards
promulgated pursuant to it.
8) The inclusion of a person in the ownership or management of
the facility who was previously or is currently involved in the ownership or
operation of a facility which was/is continually or repeatedly operated in
substantial non-compliance with the provisions of the Act or of the Minimum
Standards promulgated pursuant to it.
9) Refusing to allow an inspection to occur.
10) Violates the rights of its residents.
11) Fails to submit or implement a plan of correction within
the specified time period.
b) Notice under this section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is based, the
statute or rule violated and notice of opportunity for a hearing.
c) If a facility desires to contest the denial or revocation of a
license, the facility shall, within fifteen (15) days after receipt of notice
under Section 370.170(b) of this Section, notify the Department in writing of
its request for a hearing. Upon receipt of the request the Department shall
send notice to the facility and hold a hearing pursuant to the Department's
"Rules of Practice and Procedure in Administrative Hearings" (77 Ill.
Adm. Code 100).
d) The effective date of nonrenewal or revocation of a license by
the Department shall be any of the following:
1) Until otherwise ordered by the circuit court, revocation is
effective on the date set by the Department in the notice of revocation, or
upon final decision after hearing.
2) Until otherwise ordered by the circuit court, nonrenewal is
effective on the date of expiration of any existing license, or upon final
decision after hearing.
3) The Department may extend the effective date of license
revocation or expiration in any case in order to permit orderly removal and
relocation of residents.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.180 EXPERIMENTAL PROGRAM CONFLICTING WITH REQUIREMENTS
Section 370.180 Experimental
Program Conflicting With Requirements
Any facility desiring to conduct
an experimental program or do research which is in conflict with these
regulations shall submit a written request to the Department and secure prior
approval. The Department shall not approve experimental programs which violate
residents' rights under the Act.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.190 INSPECTIONS
Section 370.190 Inspections
All facilities to which these
regulations apply shall be subject to surveys by properly identified personnel
of the Department, or by such other properly identified persons, including
local health department staff, as the Department may designate. The licensee,
or person representing the licensee in the facility, shall afford the
representative of the Department every reasonable opportunity for examining the
records, the premises, and obtaining information required in administration of
the "Community Living Facilities Licensing Act" (77 Ill. Adm. Code
370).
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.200 INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC BY THE LICENSEE
Section 370.200 Information
to Be Made Available to the Public By the Licensee
a) Every facility shall conspicuously post or display in an area
of it accessible to residents, employees, and visitors the following:
1) Its current license;
2) A copy of any final order pertaining to the facility issued by
the Department or a court; and
b) A facility shall retain the following for public inspection:
1) A complete copy of every inspection report of the facility
received from the Department during the past five (5) years;
2) A copy of every order pertaining to the facility issued by the
Department or a court during the past five (5) years;
3) A description of the services provided by the facility and the
rates charged for those services and items for which a resident may be
separately charged;
4) A copy of the Statement of Ownership required by Section 7-(6)
of the "Community Living Facilities Licensing Act"; and
5) A list of all personnel employed or retained by the facility
who are licensed, certified or registered by the Department of Registration and
Education.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.210 OWNERSHIP DISCLOSURE
Section 370.210 Ownership
Disclosure
a) As a condition of the issuance or renewal of the license of
any facility, the applicant shall file a statement of ownership.
b) A statement of ownership shall include the following:
1) The name, address, Social Security Number, telephone number,
occupation or business activity, business address, business telephone number
and the percent of financial interest of the person(s) who is the owner of the
legal entity designated as the operator/licensee of the facility which is the
subject of the application or license;
2) The name, address, Social Security Number, telephone number,
occupation or business activity, business address, business telephone number
and the percent of financial interest of the person(s) who is the owner of the
legal entity that owns the building in which the operator/licensee is operating
the facility which is the subject of the application or license; and
3) The address of any facility, wherever located, owned by the
applicant or licensee, if the facility were required to be licensed if it were
located in Illinois.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.220 VARIANCES
Section 370.220 Variances
a) The Department may, at its discretion, grant a variance to a
specific standard set forth in these Regulations when the owner or licensee of
a community living facility makes a request for such variance supported by
documentation showing that the alternative designs, methods and practices
proposed or now in existence will provide equivalent protection of the health,
safety, and welfare of the facility's residents to that protection which would
prevail under the promulgated standard. Waivers currently in effect will
remain in effect until their expiration date.
b) Requests for a variance shall be directed to the Chief of the
Division of Health Facilities Surveillance where they will be considered on an
individual case basis. The Division shall notify the facility of any
additional conditions necessary for the protection of the health, welfare and
safety of the facility's residents. The conditions imposed may include
mandatory means which will provide the effective equivalent of compliance.
Upon occurrence of such additional conditions by the facility, such conditions
imposed will be incorporated into and become a part of the variance.
c) In granting or denying any request for a variance, the
Division will consider the following:
1) The health, welfare and safety of the residents;
2) The licensee's record of compliance with governing statutes
and regulations;
3) The quality of resident care and safety that may be provided
if the variance is granted;
4) The efforts exerted by the facility to comply with the
standard;
5) Expense; and
6) Precedent.
d) Any variance granted by the Department may be for a specific
period of time or for an indefinite period of time.
1) If granted for a specific period of time, the variance shall
state when the variance shall expire, and shall also state whether or not a
request for a continuation of the variance will be considered by the Department
prior to the expiration of the initial variance.
2) If granted for an indefinite period of time, the variance
shall so state and shall also describe the procedures under which the
Department may revoke the variance and the reasons why such action might be
taken by the Department.
3) The Department may revoke any variance at any time upon
determination that the continuation of the variance poses a threat to the
health, welfare or safety of residents.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.230 ALCOHOLISM TREATMENT PROGRAMS IN COMMUNITY LIVING FACILITIES
Section 370.230 Alcoholism
Treatment Programs In Community Living Facilities
Alcoholism treatment programs
shall not be established in community living facilities.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.240 DEFINITIONS
Section 370.240 Definitions
Each definition is considered to
be a separate rule, but they are not given individual numbers because they are
listed alphabetically, and numbers would have to be changed each time a new
definition was added or deleted.
"Abuse" – as defined by The Abused and Neglected Long Term Care
Facility Residents Reporting Act (Ill. Rev. Stat., ch. 111½, par. 4163).
"Access" – the right to:
Enter any facility;
Communicate privately and without restriction with any resident who
consents to the communication;
Seek consent to communicate privately and without restriction with any
resident;
Inspect the clinical and other records of a resident with the express
written consent of the resident;
Observe all areas of the facility except the living area of any resident
who protests the observation.
"Act"
– as used in these standards, the "Community Living Facilities Licensing
Act."
"Activity
Program" – a specific planned program of varied group and individual
activities geared to the individual resident's needs and available for a
reasonable number of hours each day.
"Adaptive
Behavior" – the effectiveness or degree with which the individual meets
the standards of personal independence and social responsibility expected of
his/her age and cultural group.
"Addition"
– any construction attached to the original building which increases the area
or cubic content of the building.
"Adequate"
– enough in either quantity or quality, as determined by a reasonable person
familiar with the professional standards of the subject under review, to meet
the needs of the residents of a facility under the particular set of
circumstances in existence at the time of review.
"Adult"
– A person eighteen (18) years or older.
"Advocate"
– a person who represents the rights and interests of an individual as though
they were the person's own, in order to realize the rights to which the
individual is entitled, obtain needed services, and remove barriers to meeting
the individual's needs.
"Aide or
Orderly" – any person providing direct personal care, training and/or
habilitation services to residents.
"Alteration"
– any construction change or modification of an existing building which does
not increase the area or cubic content of the building.
"Ambulatory
Resident" – a person who is physically and mentally capable of walking
without assistance, or is physically able with guidance to do so, including the
ascent and descent of stairs.
"Applicant"
– Any person, agency, association, corporation, partnership or organization
making application for a license.
"Appropriate
Programming" – term used to indicate programming which meets each
resident's individual needs commensurate with his functioning level.
"Assessment"
– the use of an objective system with which to evaluate the physical, social,
developmental, behavioral, psychosocial, etc., aspects of an individual.
"Audiologist"
– a person who is certified or is eligible for a certificate of clinical
competence in audiology granted by the American Speech and Hearing Association
under its requirements in effect on the publication of this provision or meets
the educational requirements for certification, and is in the process of
accumulating the supervised experience required for certification.
"Basement"
– when used in these regulations means any story or floor level below the main
or street floor. Where due to grade difference, there are two levels each
qualifying as a street floor, a basement is any floor below the level of the
two street floors. Basements shall not be counted in determining the height of
a building in stories.
"Behavior
Modification" – treatment to be used to establish or change behavior
patterns.
"Community
Alternatives" – service programs in the community provided as an
alternative to institutionalization.
"Community
Living Facility" – see Facility, Community Living.
"Corporal
Punishment"-painful stimuli inflicted directly upon the body.
"Cruelty
and Indifference to Welfare of the Resident"-failure to provide a resident
with the care and supervision he requires; or, the infliction of mental or
physical abuse. Examples of physical abuse are restraining a resident,
striking, slapping, hitting, or withholding food as punishment. Examples of
mental abuse are swearing, threatening and placing the resident in seclusion.
"Department"
– as used in these standards means the Illinois Department of Public Health.
"Developmental
Disability" – as defined by Ill. Rev. Stat. 1979, ch. 91 1/2, par. 1-106,
as amended.
"Developmentally
Disabled" – those individuals who have a developmental disability.
"Dietitian"
– a person who:
is eligible
for registration by the American Dietetic Association; or
has a
baccalaureate degree with major studies in food and nutrition, dietetics, and
food service management, has one (1) year of supervisory experience in the
dietetic service of a health care institution, and participates annually in
continuing dietetic education.
"Direct
Supervision" – means that work is performed under the guidance and
direction of a supervisor who is responsible for the work, who plans work and
methods, who is available on short notice to answer questions and deal with
problems that are not strictly routine, who regularly reviews the work
performed, and who is accountable for the results.
"Director"
– the director of public health.
"Discharge"
– the full release of any resident from a facility.
"Emergency"
– a situation, physical condition or one or more practices, methods or
operations which present imminent danger of death or serious physical or mental
harm to residents of a facility.
Existing
Community Living Facility – any facility initially licensed as a health care
facility or approved for construction by the Department or any facility
initially licensed or operated by any other agency of the State of Illinois
prior to January 1, 1982. Existing facilities shall meet the design and
construction standards for existing Community Living Facilities.
"Facility,
Community Living" – a transitional residential setting which provides
guidance, supervision, training and other assistance to ambulatory, mildly and
moderately developmentally disabled adults with the goal of eventually moving
these persons to more independent living arrangements. Residents are required
to participate in day activities, such as vocational training, sheltered
workshops or regulate employment. A community living facility shall not be a
nursing or medical facility and shall house no more than 20 residents,
excluding staff, except as provided for in Section 18 of the
"Community Living Facilities Licensing Act," approved September 23,
1981, as amended by Public Act 82-745.
"Financial
Responsibility" – sufficient assets to provide adequate services such as:
staff, heat, laundry, foods, supplies, and utilities for at least a two (2)
month period of time.
"Food
Service Sanitation Rules and Regulations" – The following definitions are
to be used with the "Rules and Regulations for Food Service
Sanitation" (77 Ill. Adm. Code 750) as contained in Section 370.1460 of
this Part.
"Closed"
means without openings large enough for the entrance of insects. An opening of
1/32 inch or less is closed.
"Corrosion-resistant
materials" means those materials that maintain their original surface
characteristics under prolonged influence of the food to be contacted, the
normal use of cleaning compounds and bactericidal solutions, and other
conditions of the use environment.
"Easily
cleanable" means that surfaces are readily accessible and made of such
material and finish and so fabricated that residue may be effectively removed
by normal cleaning methods.
"Equipment"
means stoves, ranges, hoods, slicers, mixers, meatblocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables, and similar items
other than utensils, used in the operation of a food service establishment.
"Food"
means any raw, cooked, or processed edible substance, beverage or ingredients
including ice used or intended for use or for sale in whole or in part for
human consumption.
"Food
contact surfaces" means those surfaces or equipment and utensils with
which food normally comes in contact and those surfaces with which food may
come in contact and drain back into food or onto surfaces normally in contact
with food.
"Kitchenware"
means all multi-use utensils other than tableware.
"Packaged"
means bottled, canned, cartoned, or securely wrapped.
"Potentially
hazardous food" means any food that consists in whole or in part of milk
or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or
other ingredients, including synthetic ingredients, and which is capable of
supporting rapid progressive growth of infectious or toxigenic microorganisms.
This term does not include clean, whole, uncracked, odor-free shell eggs.
"Safe"
means materials manufactured from or composed of materials that are not food
additives or color additives as defined in Section 201(s) or (t) of the
"Federal Food, Drug and Cosmetic Act" (21 U.S.C. 352 et seq.) as
used, or are food additives or color additives so defined and are used in
conformity with regulations established pursuant to Section 409 or Section 706
of that Act.
"Sealed"
means free of cracks or other openings that permit the entry or passage of
moisture.
"Single
service articles" means cups, containers, lids, closures, plates, knives,
forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,
toothpicks, and similar articles designed for one-time, one-person use and then
discarded.
"Tableware"
means multi-use eating and drinking utensils used or designed for direct use by
the food consumer.
"Utensil"
means any implement (knives, forks, spoons, tongs, spatulas, scoops, pots and
pans, etc.) used in the storage, preparation, transportation, or service of
food.
"Goal"
– an expected result or condition that involves a relatively long period of
time to achieve, that is specified in behavioral terms in a statement of
relatively broad scope, and that provides guidance in establishing specific,
short-term objectives directed toward its attainment.
"Habilitation"
– an effort directed toward the alleviation of a disability or toward
increasing a person's level of physical, mental, social or economic
functioning. Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, day care, special living
arrangements, training, education, sheltered employment, protective services,
counseling and other services.
"Habilitation
Plan" – a written plan directed toward the alleviation of a disability or
toward increasing a person's level of physical, mental, social or economic
functioning.
"House
Manager" – a qualified person on duty forty (40) hours a week managing the
Community Living Facility and responsible for its operation and its
inhabitants.
"Individual
Educational Program (IEP)" – a written statement for each resident that
provides for specific education and related services. The Individual
Educational Program may be incorporated into the Individual Habilitation Plan
(IHP).
"Individual
Habilitation Plan (IHP)" – a total plan of care that is developed by the
interdisciplinary team for each resident, and that is developed on the basis of
all assessment results.
"Institutional
Occupancy" – when used in these regulations means Health Care Facilities,
Group (a), as defined in Chapter 10, paragraph 10-0001 of the Life Safety Code,
National Fire Protection Association (1967 Edition).
"License"
– either probationary or regular as defined in the "Community Living
Facilities Licensing Act."
"Licensed
Practical Nurse" – a person who is licensed to practice practical nursing
under the "Illinois Nursing Act," as now or hereafter amended.
"Licensee"
– A person, agency, association, corporation, partnership, or organization
which has been issued a license to operate a community living facility.
"Maladaptive
Behavior" – impairment in adaptive behavior as determined by a clinical
psychologist or by a physician. Impaired adaptive behavior may be reflected in
delayed maturation, reduced learning ability or inadequate social adjustment.
"Mental
Retardation" – as defined by Ill. Rev. Stat. 1979, ch. 91½, par. 1-116.
"Misappropriation
of Property" – using a resident's cash, clothing, or other possessions
without authorization by the resident or the resident's authorized
representative; failure to return valuables after a resident's discharge; or
failure to refund money after death or discharge when there is an unused
balance in the resident's personal account.
"Neglect"
– as defined by Ill. Rev. Stat., ch. 111½, par. 4163.
"New Community
Living Facility" – any facility initially licensed as a health care
facility by the Department on or after January 1, 1982. New facilities shall
meet the design and construction standards for new Community Living Facilities.
"Normalization"
– the principle of helping individuals to obtain an existence as close to
normal as possible, by making available to them patterns and conditions of
everyday life that are as close as possible to the norms and patterns of the
mainstream of society.
"Nurse"
– see Registered Nurse or Licensed Practical Nurse.
"Objective"
– an expected result or condition that involves a relatively short period of
time to achieve, that is specified in behavioral terms, and that is related to
the achievement of a goal.
"Occupational
Therapist, Registered (OTR)" – a person who: is a graduate of an
occupational therapy curriculum accredited jointly by the Council on Medical
Education of the American Medical Association and the American Occupational
Therapy Association; or is eligible for certification by the American
Occupational Therapy Association.
"Occupational
Therapy Assistant" – a person who is eligible for certification as a
certified occupational therapy assistant (COTA) by the American Occupational
Therapy Association.
"Operator"
– the person responsible for the control, maintenance and governance of the
facility, its personnel and physical plant.
"Oversight"
– general watchfulness and appropriate action to meet the total needs of the
residents, exclusive of nursing or personal care. Oversight shall include, but
is not limited to, social, recreational and employment opportunities for
residents who, by reason of mental disability, or in the opinion of a licensed
physician, are in need of residential care.
"Owner"
– the individual, partnership, corporation, association or other person who
owns a facility. In the event a facility is operated by a person who leases
the physical plant, which is owned by another person, "Owner" means
the person who operates the facility, except that if the person who owns the
physical plant is an affiliate of the person who operates the facility and has
significant control over the day-to-day operations of the facility, the person
who owns the physical plant shall incur jointly and severally with the owner
all liabilities imposed on an owner under the Act.
"Person"
– any individual, partnership, corporation, association, municipality,
political subdivision, trust, estate or other legal entity whatsoever.
"Person
in Need of Mental Treatment" – any person who is mentally ill and who,
because of his or her illness, is reasonably expected to inflict serious
physical harm upon him or herself or another in the near future or is unable to
provide for his or her basic physical needs so as to guard him or herself from
serious harm.
"Personal
Care" – assistance with meals, dressing, movement, bathing, or other
personal needs, or general supervision and oversight of the physical and mental
well-being of an individual, exclusive of nursing.
"Pharmacist,
Registered" – a person who is registered to practice pharmacy under the
"Pharmacy Practice Act" (Ill. Rev. Stat. 1979 ch. 111, par. 4001 et
seq.) as now or hereafter amended.
"Physician"
– any person licensed by the State of Illinois to practice medicine in all its
branches as provided in the "Medical Practice Act" (Ill. Rev. Stat.
1979, ch. 111, pars. 4401 et seq.).
"Probationary
License" – an initial license issued for a period not to exceed six (6)
months.
"Program
Coordinator" – a qualified person directly responsible for the overall
program, operation and management of a Community Living Facility.
"Psychiatrist"
– a physician who has had at least three (3) years of formal training or
primary experience in the diagnosis and treatment of mental illness.
"Psychologist"
– a person who is registered with the Illinois Department of Registration and
Education to practice clinical psychology.
"Qualified
Mental Retardation Professional" – a person who is:
• an educator with a degree in education from an accredited
program and with specialized training or one (1) year of experience in working
with the mentally retarded; or
• a physical or occupational therapist who has specialized training
or one (1) year of experience in treating the mentally retarded; or
• a physician licensed by the State of Illinois to practice
medicine or osteopathy and with specialized training or one (1) year of
experience in treating the mentally retarded; or . a psychologist registered
with the State of Illinois Department of Registration and Education in
accordance with the "Psychologist's Registration Act" (Ill. Rev.
Stat. 1979, ch. 111, pars. 5301 et seq.) and with specialized training or one (1)
year of experience in treating the mentally retarded; or
• a registered nurse with a valid current Illinois registration
to practice as a registered professional nurse who has specialized training or
one (1) year of experience in treating the mentally retarded; or
• a speech pathologist or audiologist who has specialized
training or one (1) year of experience in treating the mentally retarded; or
• a registered social worker with a Bachelor's Degree in social
work from an accredited program, or a Bachelor's Degree in a field other than
social work and at least three (3) years social work experience under the
supervision of a qualified social worker, and with specialized training or with
one (1) year of experience in working with the mentally retarded; or
• a therapeutic recreation specialist who is a graduate of an
accredited program and eligible for registration in the National Therapeutic
Recreation Society, and who has specialized training or one (1) year experience
in working with the mentally retarded; or
• a rehabilitation counselor who is certified by the Commission
on Rehabilitation Counselor Certification and who has specialized training or
one (1) year of experience in treating the mentally retarded.
"Registered
Nurse" – a person who is licensed to practice nursing under the
"Illinois Nursing Act" (Ill. Rev. Stat. 1979, ch. 111, pars. 3401 et
seq.) as now or hereafter amended.
"Reputable
Moral Character" – having no history of a conviction of the applicant, or
if the applicant is a firm, partnership, or association, of any of its members,
or of a corporation, of any of its officers, or directors, or of the person
designated to manage or supervise the facility, of a felony, or of two (2) or
more misdemeanors involving moral turpitude, as shown by a certified copy of
the record of the court of conviction, or in the case of the conviction of a
misdemeanor by a court not of record, as shown by other evidence; or other
satisfactory evidence that the moral character of the applicant, or manager, or
supervisor of the facility is not reputable.
"Resident"
– a person residing in a community living facility.
"Resident's
Representative" – a person other than the owner, or an agent or employee
of a facility not related to the resident, designated in writing by a resident
to be his representative, or the resident's guardian, or the parent of a minor
resident for whom no guardian has been appointed.
"Restraint
of a Resident" – the application of a device to limit movements.
"Room"
– a part of the inside of a facility that is partitioned continuously from
floor to ceiling with openings closed with glass or hinged doors.
"Satisfactory"
– same as Adequate.
"Seclusion"
– the retention of a resident in a room which he cannot open.
"Self
Preservation" – the ability to follow directions and/or recognize
impending danger or emergency situations and react by avoiding or leaving the
unsafe area.
"Sheltered
care" – maintenance and personal care.
"Social
Worker, Qualified" – a person who:
is licensed by
the State of Illinois (registered or certified by the Illinois Department of
Registration and Education); and
is a graduate
of a school of social work which has been approved by the Council on Social
Work Education (some schools are approved for Bachelor's Degree programs and
others for Master's Degree programs); and has one (1) year of social work
experience in a health care setting.
"State Fire
Marshal" – the Fire Marshal of the Office of the State Fire Marshal,
Division of Fire Prevention.
"Story"
– when used in these regulations means that portion of a building between the
upper surface of any floor and the upper surface of the floor above except that
the topmost story shall be the portion of a building between the upper surface
of the topmost floor and the upper surface of the roof above.
"Sufficient"
– same as Adequate
"Supervision"
– authoritative procedural guidance by a qualified person for the
accomplishment of a function or activity within his/her sphere of competence,
with initial direction and periodic inspection of the actual act of
accomplishing the function or activity. Unless otherwise stated in
regulations, the supervisor must be on the premises if the person does not meet
assistant level (two (2) year training program) qualifications specified in
these definitions.
"Support
Services" – those services provided to residents in order to facilitate
their integration into the community and to improve their level of functioning,
independence, and self-respect.
"Therapeutic
Recreation Specialist" – a person who is registered with the National
Therapeutic Recreation Society and who meets the minimum standards it has
established for classification as a Therapeutic Recreation Specialist.
"Time
Out" – removing an individual from a situation that results in undesirable
behavior. It is a behavior modification procedure which is developed and
implemented under the supervision of a qualified professional.
"Transfer"
– a change in status of a resident's living arrangements from one facility to
another facility.
"Valid License" – a license which is unsuspended, unrevoked and
unexpired.
(Source: Amended at 8 Ill. Reg. 24268, effective November 29, 1984)
SUBPART B: ADMINISTRATION
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.400 ADMINISTRATION
Section 370.400
Administration
a) There shall be a qualified program coordinator directly
responsible for the overall operation, program and management of a Community
Living Facility. This person shall be a college graduate, at least twenty-one
(21) years of age with training and experience as determined appropriate by the
Department, in consultation with the Illinois Department of Mental Health and
Developmental Disabilities. Appropriate experience is one year's experience
working with the developmentally disabled. This person may also be the house
manager.
b) There shall be a qualified house manager on duty forty (40)
hours a week who shall be responsible for the operation of the facility and its
inhabitants. This house manager must delegate this reponsibility to another
staff person, in his or her absence, as supervisory responsibility must extend
throughout each 24-hour period. This person(s) shall be a high school graduate
or equivalent, at least twenty-one (21) years of age, with training and
experience as determined appropriate by the Department, in consultation with
the Illinois Department of Mental Health and Developmental Disabilities.
c) The program coordinator and house manager shall be of
reputable and moral character, in good physical and mental health, have an
understanding of the needs of the residents, have the ability to establish a
program to meet their needs, and be capable of directing and supervising
persons working and residing in the facility.
d) The program coordinator shall delegate adequate authority to
the house manager. Such administrative assignment shall not interfere with the
supervision of the program for the residents.
e) The licensee, program coordinator and house manager shall be
familiar with all applicable statutes and regulations. They shall be
responsible for seeing that the applicable regulations are met in the facility
and that employees are familiar with those regulations according to the level
of their responsibilities.
SUBPART C: POLICIES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.510 SOCIAL AND VOCATIONAL TRAINING PROGRAM POLICIES
Section 370.510 Social and
Vocational Training Program Policies
a) The facility shall adopt and function in conformity with
written policies which shall be formulated with the involvement of the program
coordinator and appropriate staff, and which shall be reviewed at least
annually. These written policies shall include at a minimum the following
provisions:
1) Admission, transfer and discharge of residents including
persons accepted and not accepted.
2) Resident services including social and vocational services and
programs, and health maintenance and emergency services available to residents
from community sources.
b) All the policies and information required in them shall be
available for review by the Department and/or Department of Mental Health and
Developmental Disabilities personnel.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.520 ADMISSION AND DISCHARGE POLICIES
Section 370.520 Admission
and Discharge Policies
a) These written policies shall include at a minimum the
following provisions:
1) No person shall be admitted to a community living facility
until and unless he/she has been determined, by an appropriate evaluation, to
have a reasonable potential for returning to his/her own home or leading an
independent life.
2) No person requiring prenatal or maternity care may be admitted
to, nor shall reside in, a facility unless adequate prenatal and other medical
services from community sources are available to her.
3) No person shall be denied admission solely on the basis of
mobility limitations.
4) No person shall be admitted to, nor reside in a facility:
A) Who requires mental treatment as defined in Section 370.240 of
this Part. (See definition of "Person in Need of Mental Treatment"
in Section 370.240.)
B) Who is destructive of property or himself/herself.
C) Who has serious mental or emotional problems based on a
diagnosis by a physician or clinical psychologist.
D) Who is less than eighteen (18) years of age.
E) Who is in need of nursing care or more personal care than
oversight and supervision.
5) A facility shall not admit more residents than the number
authorized by the license issued to it.
6) A facility shall not refuse to discharge or transfer a
resident when requested to do so by the resident or by the resident's guardian.
7) No person shall be admitted with a communicable disease,
including active tuberculosis.
b) Nothing in this Part shall excuse compliance with
accessibility or reasonable accommodation requirements of State or federal law.
(Source: Amended at 17 Ill. Reg. 19509, effective November 1, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.530 AGREEMENT BETWEEN RESIDENT AND FACILITY
Section 370.530 Agreement
Between Resident and Facility
A written agreement shall be
established annually between each resident or legal guardian, and the facility
briefly stating the programs and services to be provided, facility house rules,
and mutual financial responsibilities.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.540 GENERAL POLICIES
Section 370.540 General
Policies
a) The facility shall permit daily visiting at reasonable times
during the day and evening.
b) Residents occupying any bedroom shall be of the same sex
except in the case of a room occupied by husband and wife.
c) There shall be no resident traffic through a resident's
bedroom by residents of another bedroom to reach any other area of the facility.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.550 PERSONNEL POLICIES
Section 370.550 Personnel
Policies
The facility shall have written
personnel policies that shall include, but are not limited to, the following:
a) Employment
1) Employment application forms shall be completed on each
employee, kept on file in the facility, and shall be available to Department
personnel for review. Application forms shall also be available to Department
of Human Services personnel for program evaluation purposes. These forms shall
contain date of employment, age or birthdate, home address, educational
background, experience including types of employment, where previously
employed, type of position to be filled in this facility, last date employed
and reasons for leaving.
2) In addition to the application form, the individual personnel
file shall contain other pertinent personnel data such as health records and
evaluation of performance.
3) Each employee shall have a physical examination which has been
conducted within a period of 10 days before or after employment and annually
thereafter. Additional physical examinations may be requested according to the
Control of Communicable Diseases Code (77 Ill. Adm. Code 690).
4) This initial physical exam shall include tuberculin testing in
accordance with the Department's Control of Tuberculosis Code (77 Ill. Adm.
Code 696).
5) An employee disgnosed or suspected of having a contagious or
infectious disease shall not be on duty until such time as a written statement
is obtained from a physician that the disease is no longer contagious or is
found to be noninfectious.
b) General
1) All employees shall be at least 16 years of age or have a work
permit.
2) An ongoing, planned in-service program embracing orientation,
skill training and ongoing education shall be carried out to enable all
personnel to perform their duties effectively.
3) The facility shall have a plan to provide personnel coverage
for regular staff when they are absent.
4) Every facility shall have a dated weekly employee time
schedule posted in a convenient place where employees may refer to it. These
shall be kept on file at the facility for one year.
c) Prior to employing any individual in a position that requires
a State license, the facility shall contact the Illinois Department of
Professional Regulation to verify that the individual's license is active. A
copy of the license shall be placed in the individual's personnel file.
d) The facility shall check the status of all applicants with the
Nurse Aide Registry prior to hiring.
(Source: Amended at 26 Ill. Reg. 11982, effective July 31, 2002)
SUBPART D: PERSONNEL
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.710 PERSONNEL
Section 370.710 Personnel
a) Sufficient staff in numbers and qualifications shall be on
duty all hours of each day to provide services that meet the total needs of the
residents. As a minimum, there shall be at least one (1) staff member awake
dressed and on duty at all times on the day and evening shifts.
1) There shall be at least one staff member on duty in the
facility at all times on the night shift. This person need not be awake or
dressed, but must be quickly available if a resident has need of his/her
services.
2) Provision shall be made for personnel coverage when regular
staff is absent.
b) The number and classification of personnel to be provided,
including staff for the social and vocational training programs of the
facility, shall be based on the following, developed in consultation with the
Illinois Department of Mental Health and Developmental Disabilities:
1) number of residents living within the facility,
2) type of social and vocational programs in current operation to
meet resident needs,
3) consultants and part-time professional staff available,
4) guidelines specified in Appendix A.
The Department of Mental Health and Developmental
Disabilities as it evaluates social and vocational programs will examine
staffing patterns and accomplishments and will report its findings to the
Department.
c) If arrangements are made to share professional staff and/or
consultants, a written agreement must be prepared specifying terms of the
arrangement, updated annually and kept on file.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.715 HEALTH CARE WORKER BACKGROUND CHECK
Section 370.715 Health Care
Worker Background Check
A facility shall comply with the
Health Care Worker Background Check Act [225 ILCS 46] and the Health Care
Worker Background Check Code (77 Ill. Adm. Code 955).
(Source: Amended at 31 Ill.
Reg. 192, effective December 21, 2006)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.720 PERSONNEL POLICIES
Section 370.720 Personnel
Policies
Personnel policies shall be
provided as covered in Section 370.550.
SUBPART E: HEALTH MAINTENANCE SERVICES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.810 MEDICAL CARE POLICIES
Section 370.810 Medical Care
Policies
a) Each facility shall have a written program updated annually
regarding the provision of health maintenance services and the procedures for
their implementation.
b) The resident (or his or her guardian), shall have a physician
of his or her own choosing to care for his or her medical needs. The resident
shall be encouraged to see his or her physician as often as necessary as
determined by his or her physician to assure adequate medical care.
c) Each applicant accepted for admission shall have a complete physical
examination either within one (1) month prior to admission or within
seventy-two (72) hours after admission to the facility. This examination shall
include an evaluation of the resident's condition and recommendations for his
or her care.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.820 COMMUNICABLE DISEASE POLICIES
Section 370.820 Communicable
Disease Policies
a) The program coordinator shall be responsible for meeting all
the "Communicable Disease Rules of the State of Illinois", Department
of Public Health.
b) No resident with a communicable, contagious, or infectious
disease shall be admitted knowingly. An individual, when suspected or
diagnosed as having any such disease, shall be given immediate medical
attention.
c) No resident may be admitted knowingly who has had a history of
tuberculosis until the patient is classified as inactive, as defined by the
latest classification of the American Thoracic Society, "Diagnostic
Standards."
d) All illnesses required to be reported under Section 370.820(a)
above, shall be reported immediately to the local health department and/or to
this Department. The program coordinator shall furnish all pertinent information
relating to such occurrences and document the notification.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.830 BEHAVIOR EMERGENCIES
Section 370.830 Behavior
Emergencies
a) The resident's personal physician shall be contacted in the
event of a behavior emergency. If treatment away from the Community Living
Facility is indicated, the facility shall be responsible for taking the
resident to the nearest appropriate mental health facility (public or
private). Upon request, the Department of Mental Health and Developmental
Disabilities will supply information to the facility as to what services are
available in the community.
b) No form of seclusion, nor use of restraints, shall be
permitted except as specified in Section 370.3030(a).
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.840 MEDICATION POLICIES
Section 370.840 Medication
Policies
a) Every facility shall adopt and function in conformity with
written policies and procedures, for assisting residents in obtaining
individually prescribed medication for self-administration and for disposing of
medications prescribed by the attending physicians.
1) These policies and procedures shall be developed with
consultation from an Illinois registered professional nurse and a registered
pharmacist. These policies and procedures shall be part of the written program
of care and services.
2) All medications taken by residents in this type of facility
must be ordered by the attending physician directly from a pharmacy. Facility
staff may not order medication from a pharmacy.
3) If the policies of the facility permit residents to be totally
responsible for their own medication, when the attending physician gives
written permission for such action, the policies of the facility shall provide
that the resident and attending physician shall be given written statements
concerning the relative responsibilities of each of the three parties,
(facility, resident and physician), in cases where the resident, or any other
person suffers harm due to the resident's actions in handling his/her own
medications.
b)
1) This type of facility shall not stock drugs.
2) No pharmacy shall be operated in this type of facility.
c)
1) All medications on individual prescription or from the
physician's personal supply shall be properly labeled as set forth in Section
370.840(m).
2) All other medications shall be authorized by a physician for
individual resident use, and shall be clearly identified with the resident's
name.
d)
1) All medications used by residents shall be properly recorded
by facility staff at time of use.
2) A medication record need not be kept for those residents for
whom the attending physician has given permission to keep their medication in
their room and to be fully responsible for taking the medications in the
correct dosage and at the proper times themselves.
e) Medications administered by hypodermic shall not be given in a
facility unless administered by a physician, registered nurse, or licensed
practical nurse. A resident who has been trained in self-administration of a
drug by hypodermic may be permitted to do so upon the written order of the
physician.
f) Bottled oxygen may not be administered in this type of
facility, except in an emergency. Not more than one 12 pound portable size
tank of oxygen for such an emergency use shall be kept in the facility.
However, the use of an oxygen concentrator is permitted when prescribed by a
physician for a resident. The facility must be in compliance with directions
for use of such equipment as established by the manufacturer.
g) All discontinued legend or controlled drugs, all medications
having an expiration date that has passed, and all medications of residents who
have expired, shall be disposed of in accordance with the rules and regulations
of the Federal Drug Enforcement Administration by the prescribing physician or
the consultant pharmacist. A notation of their disposition shall be made in
the resident's record.
h)
1) All medications shall be stored in a locked area at all
times. Areas shall be well lighted and of sufficient size to permit storage
without crowding. This area may be a drawer, cabinet, closet, or room.
2) This area may be a locked drawer or cabinet in the resident's
room for those residents whom the attending physician has given written
permission to be totally responsible for their own medication, including the
obtaining, storage and self-administration of the medication.
i) The key to the medicine area shall be the responsibility of,
and in the possession of, the staff persons responsible for overseeing the
self-administration of medications by residents.
1) The general medicine area shall not be used for any other
purpose. It shall not be located in residents' rooms, bathrooms, or the
kitchen. However, for those persons whom the attending physician has given
written permission to handle their own medications, medications may be stored
in a locked drawer or cabinet in the resident's room along with other
possessions of that resident.
2) Residents for whom the attending physician has given
permission to be totally responsible for their own medication shall maintain
possession of the key to their own medication storage area. A duplicate key
shall be kept by the facility in its safe, or some other secure place, for
emergency use, such as if the resident should lose or misplace his/her key.
j) Medications for external use shall be kept in a separate area
in the medicine cabinet area or in a separate locked area.
k) All poisonous substances and other hazardous compounds shall
be kept in a separate locked area away from medications.
l) Biologicals or medications requiring refrigeration shall be
stored in a properly covered locked container in a refrigerator.
m) The label of each individual medication container filled by a
pharmacist shall clearly indicate the resident's full name, physician's name,
prescription number, name and strength of drug, amount of drug, date of issue,
expiration date of all time-dated drugs; name, address, and telephone number of
pharmacy issuing the drug; and the initials of the pharmacist filling the
prescription. If the individual medication container is filled by a physician
from his/her own supply, the label shall clearly indicate all the proceeding
information except that pertaining to the identification of the pharmacy,
pharmacist, and prescription number.
n) Medication containers having soiled, damaged, incomplete,
illegible, or makeshift labels shall be returned to the issuing pharmacist,
pharmacy, or dispensing physician for relabeling or disposal. Containers having
no labels shall be destroyed in accordance with Federal and State laws.
o) The medications of each resident shall be kept and stored in
their originally received containers. Medications shall not be transferred
between containers.
(Source: Amended at 8 Ill. Reg. 24706, effective December 7, 1984)
SUBPART F: PROGRAM SERVICES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1010 PROGRAM EVALUATION
Section 370.1010 Program
Evaluation
The Illinois Department of
Mental Health and Developmental Disabilities will evaluate the social and
vocational programs provided by the Community Living Facility in terms of
compliance with program standards as specified in Appendix A, and will report its
findings in writing to the Department.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1020 PROGRAM AND SERVICES
Section 370.1020 Program and
Services
a) Each facility shall establish and provide to each resident a
supervised home environment for the residents who, without such services, might
require institutionalization.
b) Each facility shall:
1) Establish and provide to each resident a community living
program which will lead to independent or increased independent living in the
community. The program shall:
A) Assist each individual resident in developing realistic goals
and acceptable attitudes.
B) Provide each individual resident with practical experiences in
community living.
C) Assist each individual resident in adjusting to a variety of
situations which will result in the development of acceptable behavior.
D) Provide evening and weekend training programs emphasizing those
areas which will lead to independent living, e.g., personal grooming,
socialization skills, communication skills, clothing, finances, food,
transportation, and leisure-time activities.
E) Provide and/or arrange a vocational training program to meet
the individual needs of each resident.
2) Provide accommodations related to services and program by a
unit concept. Each such unit shall consist of not less than five (5) nor more
than twenty (20) residents.
3) Provide that the residents will be responsible for assisting
and planning household activities, participating in various household tasks
such as maintaining the grounds, cleaning their own rooms, and assisting in the
care of other areas in the facility.
4) Provide that the residents are encouraged and taught to plan,
prepare and serve meals; and that equipment and utensils in the kitchen are
available for use by the residents.
5) Provide that residents shall assist in shopping for food for
the facility, and in purchasing their own clothes, toiletries and other
incidentals.
6) Provide that residents be required to assume personal
responsibility for the housekeeping standards of their bedrooms. Such
housekeeping shall include, but not be limited to, cleaning of floors, making
beds, changing linen, and keeping personal clothing in drawers and closets.
7) Provide that residents are taught how to use home and/or
commercial-type laundry equipment.
8) Provide that residents shall not be used to replace employed
staff.
9) Encourage a planned volunteer program to assist with the
facility's program for its residents. It shall be under the direction of a
staff member in a supervisory capacity.
10) Arrange for the placement of qualified residents in an independent
living situation, or if otherwise indicated, in another group living facility
at an appropriate level of care.
SUBPART G: RECORDS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1210 GENERAL
Section 370.1210 General
a) An active record shall be kept for each resident. This record
shall be kept current, dated, signed, complete, legible, and available at all
times to the appropriate personnel of the facility and to the representatives
of the Department and the Illinois Department of Mental Health and
Developmental Disabilities. Each resident shall be evaluated by the facility's
staff and an individual habilitation plan developed within fifteen (15) days of
admission to the facility. Such evaluation shall include a written entry in
the resident's permanent record regarding present work or training assignment
outside the facility, social and vocational training program goals within the
facility and probable length of stay needed in the facility to accomplish
independent living goals.
b) Each resident's record shall be written in ink or typed, and
each entry shall be dated and signed. The record shall include the following:
1) Identification sheet(s) and/or admission form(s) including
resident's name, social security number, marital status, birthdate, age,
birthplace, sex, home address, and religion; name, address and telephone number
of referral agency, personal physician; next of kin or other responsible
person.
2)
A) A statement that the resident is free of communicable diseases,
including active tuberculosis. It shall be signed and dated by the physician.
This shall be completed within one (1) month prior to, or within seventy-two
(72) hours after admission.
B) Any additional information pertaining to the resident's medical
and personal history that may be helpful in the management of the resident
shall be included.
3) Results of an examination by a psychologist determining mental
and functional level completed within the last year. If a current
psychological evaluation is unavailable, the staff psychologist shall make such
an evaluation within fifteen (15) days of the resident's admission.
4) Progress record towards goals documented a minimum of at least
once monthly.
5) A full written report on any serious incident or accident
involving a resident while on the premises. This report shall include the date
and time of each incident or accident and the action taken concerning it.
These incidents and accidents shall include medication errors and drug reactions
and all situations requiring the emergency services of a physician, a hospital,
the police, the fire department, the coroner, etc. The Department shall be
notified by a phone call to the Regional Office of all such incidents or
accidents. Such notification shall be made within twenty-four (24) hours of
their occurrence. A written copy of this report shall be sent to the Department
within seven (7) days of such incident or accident.
6) Consultants shall make written reports of their findings and
recommendations at the time of each visit. These shall be included in the
resident's progress record if concerned with an individual resident.
7) Discharge information shall be recorded within seventy-two
(72) hours after the resident leaves the facility. This shall indicate the
date, time, condition of the resident, to whom released and where going (home,
another facility, etc.). This information may be part of the admission record
form.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1220 OTHER RECORDS
Section 370.1220 Other
Records
a) The facility shall maintain a record of any personal money,
regardless of source, or valuables kept for a resident. If purchases are made
for a resident from these personal monies, proper receipts shall be kept and
notations made in a separate bookkeeping system.
b) The facility shall keep a record of each resident's valuable
belongings. This shall be initiated at the time of admission. It shall be
kept current and should be part of the resident's ongoing record.
c) The facility shall maintain a record of recommendations from
consultants regarding the overall program and its development.
d) Each facility shall maintain a permanent chronological
resident registry book showing date of admission, name of resident, and date of
discharge.
e) Records and daily time schedules shall be kept on each
employee as set forth in Section 370.550(a) and 370.550(b).
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1230 CONFIDENTIALITY
Section 370.1230
Confidentiality
The facility shall comply with
all of the provisions of the "Mental Health and Developmental Disabilities
Confidentiality Code" (Ill. Rev. Stat. 1981, ch. 91½, pars. 801 et seq.)
as amended.
SUBPART H: FOOD SERVICE
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1410 FOOD SERVICE
Section 370.1410 Food
Service
a) The food service in each facility shall be under the
operational supervision of a manager or supervisor who has been certified in
food service sanitation in accordance with Subpart C of the rules for Food
Service Sanitation (77 Ill. Adm. Code 750: Subpart C) of the Illinois
Department of Public Health. This person shall be on the premises sufficient
time each week to determine that the food service is satisfactory.
b) Food shall be prepared and served family style to approximate,
as nearly as possible, a family living situation. Residents shall be allowed
and encouraged to serve themselves the appropriate amount of food for a
properly balanced diet. Normally, seating arrangements should not exceed six
(6) residents per table. Residents should be allowed and encouraged to choose
their own seating arrangements. There shall be no segregation between the
sexes by table or seating arrangements.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1420 ADEQUACY OF DIET
Section 370.1420 Adequacy of
Diet
The daily food allowance for
each resident shall meet the basic food pattern for a general diet for an adult
following the recommendations of the Food and Nutrition Board, National
Research Council, and shall include:
a) Milk: Two (2) eight (8) ounce servings of milk. A portion of
this amount may be served in a cooked form such as creamed dishes, desserts,
etc.
b) Meat Group: Two (2) or more servings of protein food of good
quality. The following are samples of one (1) serving:
1) One (1) egg equals one-third (⅓) serving.
2) Three (3) ounces of cheese two (2) one-and-one-half (1½)
ounce, or three (3) one (1) ounce slices), or three-fourths (¾) cup cottage
cheese.
3) Three (3) ounces fresh cooked fish or shellfish, or one-half (½)
cup canned fish.
4) Three (3) ounces of any cooked meat (without fat, bone) such
as ground beef, steak, roast beef, lamb or pork, pork chops, veal chops, lamb
chops, chicken, turkey, liver, etc.
5) Three (3) ounces prepared luncheon meat (two (2) one and
one-half (1½) ounce slices.)
6) Occasionally dry beans or dry peas may be served as an
alternate.
c) Vegetable and Fruit Group: Four (4) or more servings. One
serving of vegetable equals one-half (½) cup.
1) A citrus fruit each day or other fruit or vegetable important
for Vitamin C.
2) A dark green or deep yellow vegetable for Vitamin A at least
every other day.
3) Other fruits and vegetables including potatoes.
4) Any vegetable repeated for the day shall not again be counted
as one (1) of the four (4) servings required in this group.
d) Bread and Cereal Group: Four (4) or more servings of whole
grain, enriched or restored. One (1) slice bread equals one (1) serving.
One-half (½) cup cereal equals one (1) serving.
e) Butter or Margarine: Some of either each day as a seasoning
and as a spread.
f) Other Foods: Serve other foods as necessary to round out
meals, satisfy individual appetites, improve flavor and meet the individual's
nutritional and caloric needs. Snacks may also be used for this purpose.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1430 THERAPEUTIC DIETS
Section 370.1430 Therapeutic
Diets
The facility shall prepare
appropriate menus for any resident admitted to the facility for whom the
physician has prescribed a therapeutic diet, using diet manuals acceptable to
the Department. Such menus shall be approved by either an attending physician
or a dietitian.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1440 SCHEDULING OF MEALS
Section 370.1440 Scheduling
of Meals
a) A minimum of three (3) meals or their equivalent shall be
provided daily.
b) Snacks of nourishing quality shall be made available.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1450 FOOD PREPARATION AND SERVICE
Section 370.1450 Food
Preparation and Service
Foods shall be prepared by
appropriate methods that will conserve their nutritive value, enhance their
flavor and appearance.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1460 FOOD HANDLING SANITATION
Section 370.1460 Food
Handling Sanitation
a) Every facility that serves more than twenty (20) residents per
meal shall comply with the latest edition of the Department's "Food
Service Sanitation Rules (77 Ill. Adm. Code 750). Facilities serving twenty
(20) or less residents per meal shall comply with the following food sanitation
standards:
1) Food shall be wholesome and free from spoilage, filth, and
other contamination and shall be safe for human consumption. Food shall be
obtained from sources that comply with all laws relating to food wholesomeness
and identification. Use of home prepared potentially hazardous foods and
hermetically sealed, non-acid and low-acid food which has been processed in a
place other than a commercial food processing establishment is prohibited.
2) Fluid milk and fluid-milk products used or served shall be
pasteurized and shall meet the Grade A quality standards as established by
law. Dry milk and dry-milk products shall be pasteurized.
3) Each container of unshucked shell stock (shellfish, oysters,
clams, mussels) shall be identified by an attached tag that states the name of
the original shell stock shipper, the kind and quantity of shell stock, and an
official certificate number issued according to the law of the jurisdiction of
its origin. Fresh and frozen shucked shellfish shall be packed in
nonreturnable packages identified with the name and address of the original
shell stock shipped, shucker, packer, or repacker, and the official certificate
number issued according to the law of the jurisdiction of its origin of the
shipper. Shell stock and shucked shellfish shall be kept in the container in
which they were received until they are used.
4) Only clean whole eggs, with shell intact and without cracks or
checks, or pasteurized liquid or pasteurized dry eggs or egg products shall be
obtained.
b) Food Storage. Food shall be protected at all times, including
while being stored, prepared, displayed, served, or transported, from
contamination by all agents, including dust, insects, rodents, unclean
equipment and utensils, unnecessary handling, coughs and sneezes, flooding,
drainage, and overhead leakage or condensation. The temperature of potentially
hazardous foods shall be 45 degrees F. or below or 140 degrees F. or above at
all times, except as otherwise provided in this Part.
1) Stored food, whether raw or prepared, shall be enclosed in a
clean, covered container if removed from the immediate container or package in
which it was obtained except during necessary periods of preparation or
service. Use of a cloth towel as a container cover is prohibited.
2) Food shall be stored above the floor on clean surfaces in a
way that permits cleaning of the storage area without contamination of the food
by splash, dust, or other means. A minimum, unobstructed storage height of six
inches above the floor is recommended.
3) Food shall not be stored under exposed sewer or leaking water
lines.
4) Food not subject to further washing or cooking before being
served shall be stored in a way that protects it against contamination.
5) Packaged food shall not be stored in contact with water or
undrained ice except as provided for Section 370.1460(c)(8).
6) Unless its identity is unmistakable, bulk food not stored in
the labeled container or package in which it was obtained shall be stored in a
container labeled to identify the food by common name.
7)
A) Enough conveniently located refrigeration facilities or
effectively insulated facilities shall be provided to assure the maintenance of
food at required temperatures during storage. The recommended maximum
operating ambient air temperature of cold food storage equipment should be as
follows:
B) Refrigerator – 40 degrees F. Refrigerated (short-term) display
case – 45 degrees F.
8) All cold food storage equipment shall be provided with a
numerical indicating thermometer scaled to at least 5 degrees F. increments and
accurate to plus or minus 3 degrees F. and so located to measure the air
temperature in the warmest part of the facility and located to be easily
readable.
9) The temperature of potentially hazardous foods requiring
refrigeration shall be 45 degrees F. or below except during necessary periods
of preparation and service.
10) Frozen foods shall be kept frozen and should be stored at a
temperature of 0 degrees F. or below until removed from storage for preparation
and use.
11) Stored ice intended for human consumption shall not be used
as a medium for cooling stored food, food containers or food utensils.
12) Hot food holding equipment, if used, shall be provided with a
numerical indicating thermometer scaled to at least 5 degrees F. increments and
accurate to plus or minus 3 degrees F. located in the coolest part of the
facility and located to be easily readable.
c) Food Preparation and Service. Food shall be prepared with the
least possible manual contact, with suitable utensils and on surfaces that
prior to use have been cleaned.
1) Raw Fruits and Raw Vegetables. Raw fruits and raw vegetables
shall be washed thoroughly before being cooked or served.
2) Cooking Potentially Hazardous Foods. Potentially hazardous
foods requiring cooking shall be rapidly cooked to heat all parts of the food
to a temperature of at least 140 degrees F., except that:
A) Poultry, poultry stuffings and stuffed meats shall be cooked to
heat all parts of the food to at least 165 degrees F. with no interruption of
the cooking process.
B) Pork and pork products shall be cooked to heat all parts of the
food to at least 150 degrees F.
C) Rare roast beef shall be cooked to an internal temperature of
at least 130 degrees F., and rare beef steaks shall be cooked to a temperature
of 130 degrees F. unless otherwise ordered by the immediate consumer.
3) Dry Milk and Milk Products. If reconstituted, dry milk and
dry milk products may be used in instant desserts and whipped products; for
cooking, baking purposes; and for an individually prepared portion of a
beverage.
4) Liquid, Frozen, Dry Eggs and Egg Products. Liquid, frozen, and
dry eggs and egg products shall be used only for cooking and baking purposes.
5) Reheating. Potentially hazardous foods that were cooked and
then refrigerated shall be heated rapidly to 165 degrees F. or higher
throughout before being placed in a hot food storage facility. Steam tables,
bainmaries, warmers, and other hot food holding facilities are prohibited for
the rapid heating of potentially hazardous foods.
6) Reconstitution. Nondairy creaming agents shall not be
reconstituted for consumption on the premises in quantities exceeding one pint.
7) Product Thermometers. Metal stem-type numerically scaled
indicating thermometers accurate to +3 degrees F. shall be provided and used to
assure attainment of proper internal cooking temperatures of all potentially
hazardous foods.
8) Thawing Potentially Hazardous Foods. Potentially hazardous
foods shall be thawed:
A) In refrigerated units in a way that the temperature of the food
does not exceed 45 degrees F.; or
B) Under potable running water at a temperature of 70 degrees F.
or below, not to exceed two hours with sufficient water velocity to agitate and
float off loose food particles into the over-flow; or
C) In a microwave oven only when the food will be immediately
transferred to conventional cooking facilities as part of a continuous cooking
process or when the entire, uninterrupted cooking process takes place in the
microwave oven; or
D) As part of the conventional cooking process.
9) Reuse of Tableware. Reuse of soiled tableware by self-service
resident, when returning for additional servings of food is prohibited.
10) Ice Dispensing. Ice for residents' use, if approved, shall
be dispensed only with scoops, tongs, or other ice-dispensing utensils or
through automatic self-service ice-dispensing equipment. Ice-dispensing
utensils and ice receptacles shall be stored in a way that protects them and
the ice from contamination.
11) Milk Dispensing. Milk and milk products for drinking
purposes shall be provided to the resident in commercially-filled packages or
served from a bulk milk dispenser.
12) Re-Serving. Any food once served to a resident shall not be
re-served.
d) Employee Hygiene and Practice. Employees and residents shall
thoroughly wash their hands and the exposed portions of their arms with soap
and warm water before starting work, during work as often as is necessary to
keep them clean, and after smoking, eating, drinking, or using the toilet.
Employees and residents shall keep their fingernails clean and trimmed.
1) The outer garments of all persons, including dishwashers,
engaged in handling of food or food contact services shall be reasonably clean.
2) Employees and residents may consume food only in designated
dining areas. Areas shall not be designated as dining areas if consuming food
there might result in contamination of other food, equipment, utensils, or
other items needing protection.
3) Employees and residents shall not use tobacco or other smoking
products in any form while engaged in food preparation or service, nor while in
any equipment or utensil washing or food preparation areas. Employees shall use
tobacco in any form only in designated areas. Areas shall not be designated
for that purpose if the use of tobacco might result in the contamination of
food, equipment, utensils or other items needing protection.
4) Employees and residents shall handle soiled tableware in a way
that avoids contamination of their hands.
5) Employees and residents shall maintain a high degree of
personal cleanliness and shall conform to good hygienic practices.
e) Equipment and Utensils. Multi-use equipment and utensils
shall be made and repaired with safe, non-toxic materials, including finishing
materials, shall be corrosion resistant, non-absorbent, smooth, easily
cleanable, and durable under conditions of normal use. Single-service articles
shall be made from clean, sanitary, safe, and non-toxic materials, equipment,
utensils, and single-service articles shall not impart odors, color, or taste,
nor contribute to the contamination of food.
1) Solder. If soft solder or hard solder (silver solder) is
used, it shall be composed of safe materials and be corrosion resistant.
2) Wood. Hard maple or equivalently non-absorbent material that
meets the general requirements set forth in the introductory text of this
section may be used for cutting blocks, cutting boards, and baker's tables.
The use of wood as a food-contact surface under other circumstances is
prohibited.
3) Plastics. Safe plastic or safe rubber or safe rubber-like
materials that, under normal conditions of use, are resistant to scratching,
scoring, decomposition, crazing, chipping and distortion, that are of
sufficient weight and thickness to permit cleaning and sanitizing by normal
dishwashing methods, and which meet the general requirements set forth in the
introductory text of this section are permitted for repeated use. The repeated
use of equipment and utensils made of materials not meeting the requirements of
this section is prohibited.
4) Mollusk Shells. The reuse of mollusk and crustacea shells as
food containers is prohibited.
5) Design and Fabrication. All equipment and utensils, including
plasticware, shall be designed and fabricated for durability under conditions
of normal use and shall be resistant to denting, buckling, pitting, chipping,
and crazing. Food-contact surfaces shall be easily cleanable, smooth, and free
of breaks, open seams, cracks, chips, pits, and similar imperfections, and free
of difficult-to-clean internal corners and crevices. Cast iron may be used as
a food-contact surface only if the surface is heated, such as in grills and
skillets. Threads shall be designed to facilitate cleaning; ordinary
"V" type threads are prohibited, as food-contact surfaces.
6) Lubrication. Equipment containing bearings and gears
requiring unsafe lubricants shall be designed and constructed so that the
lubricant cannot leak, drip, or be forced onto food-contact surfaces. Only
safe lubricants shall be used on equipment designed to receive lubrication of
bearings and gears on or within food-contact surfaces.
7) Sinks, dish tables, and drain boards shall be self-draining.
8) Accessibility. Unless designed for in-place cleaning,
food-contact surfaces shall be accessible for cleaning and inspection:
A) Without being disassembled; or
B) By disassembling without the use of tools; or
C) By easy disassembling with the use of only simple tools kept
available near the equipment, such as a mallet, a screwdriver, or an open-end
wrench.
9) In-Place Cleaning. Pipes, tubes, valves, and lines contacting
food and intended for in-place cleaning shall be so designed and fabricated
that:
A) Cleaning solutions can be circulated throughout a fixed system
using an effective cleaning regimen; and
B) Cleaning solutions will contact all interior food-contact
surfaces; and
C) The system is self-draining or capable of being completely
evacuated.
10) Non-Food-Contact Surfaces. Surfaces of equipment not
intended for contact with food, but which are exposed to splash or food debris
or which otherwise require frequent cleaning, shall be designed and fabricated
so as to be smooth, washable, free of unnecessary ledges, projections, or
crevices, and readily accessible for cleaning, and shall be of such material
and in such repair as to be easily maintained in a clean and sanitary
condition.
11) Ventilation Hoods. Ventilation hoods and devices shall be
designed to prevent grease or condensate from dripping into food or onto
food-contact surfaces. Filters or baffles, where used, shall be readily
removable for cleaning and reinstallation, or replacement.
12) General. Equipment, including ice makers and ice storage
equipment, shall not be located under exposed sewer lines, leaking water lines,
stairwells, or other sources of contamination.
13) Aisles and Working Spaces. Aisles and working spaces between
units of equipment and between equipment and walls shall be unobstructed and of
sufficient width to permit employees and residents to perform their duties
readily without contamination of food or food-contact surfaces by clothing or
personal contact.
f) Cleaning Frequency. Equipment and utensils shall be cleaned
as described below.
1) Tableware shall be cleaned after each use.
2) Kitchenware and food-contact surfaces of equipment shall be
washed and rinsed after each use and following any interruption of operations
during which time contamination may have occurred.
3) Where equipment and utensils are used for the preparation of
potentially hazardous foods on a continuous or production-line basis, utensils
and the food-contact surfaces of equipment shall be washed and rinsed at
intervals throughout the day on a schedule subject to the approval of the
regulatory authority. This schedule shall be based on food temperature, type
of food, and amount of food particle accumulation.
4) The food-contact surfaces of grills, griddles, and similar
cooking devices and the cavities of microwave ovens shall be cleaned and shall
be kept free of encrusted grease deposits and other accumulated soil.
5) Non-food-contact surfaces of equipment shall be cleaned as
often as is necessary to keep the equipment free of accumulation of dust, dirt,
food particles, and other debris.
g) Wiping Cloths.
1) Cloths used during service for wiping food spills on
food-contact surfaces shall be clean and used for no other purpose.
2) Cloths used for wiping non-food-contact surfaces shall be
clean and used for no other purpose. These cloths shall be rinsed frequently.
h) Manual Cleaning
Sinks shall be
cleaned prior to use. Equipment and utensils shall be pre-flushed or
pre-scraped and, when necessary, pre-soaked to remove gross food particles and
soil. Equipment and utensils shall be thoroughly washed in a hot detergent
solution that is kept clean and then shall be rinsed free of detergent and
abrasives.
i) Chemical Sanitization. If chemicals are used for sanitizing,
they shall not have concentrations higher than the maximum permitted in
Appendix B, and a test kit or other device that accurately measures the parts
per million concentration of the solution shall be provided and used.
j) Dish tables or drain boards of adequate size shall be
provided for proper handling of soiled utensils prior to washing and for
cleaned utensils and shall be located so as not to interfere with the proper
use of the dishwashing facilities.
k) Mechanical Cleaning. Cleaning may be done by spray-type or
immersion dishwashing machines or by any other type of machine or device if it
is demonstrated that it thoroughly cleans equipment and utensils.
Such machines
and devices shall be properly installed and maintained in good repair.
Automatic detergent dispensers and wetting agent dispensers, if any, shall be
properly installed and maintained.
l) Equipment and utensils shall be flushed or scraped and, when
necessary, soaked to remove gross food particles and soil prior to their being
cleaned in a dishwashing machine. After flushing, scraping, or soaking,
equipment and utensils shall be placed in racks, trays, or baskets, or on
conveyors, in a way that food-contact surfaces are subject to the unobstructed
application of detergent wash and clean rinse waters and that permits free
draining. Clean rinse water shall remove particulate matter and detergent
residues. All dishwashing machines shall be thoroughly cleaned at least daily.
m) Drying. All equipment, tableware and utensils shall be
air-dried.
n) Equipment Storage. Equipment, utensils and tableware shall be
stored in the following manner.
1) Cleaned equipment and utensils shall be handled in a way that
protects them from contamination. Spoons, knives and forks shall be touched
only by their handles. Cups, glasses and bowls shall be handled without
contact with inside surfaces or with surfaces that contact the user's mouth.
2) Cleaned utensils, tableware and movable equipment shall be
stored above the floor in a clean, dry location in a way that protects them
from contamination by splash, dust and other potential contaminates. The
food-contact surfaces of fixed equipment shall also be protected from
contamination. Equipment and utensils shall not be placed under exposed sewer
or leaking water lines.
3) Utensils shall be air-dried before being stored or shall be
stored in a self-draining position on smooth, non-absorbent, easily cleanable
surfaces and/or from suitably constructed hooks or racks.
4) Wherever practical, stored utensils shall be covered or
inverted. Facilities for the storage of spoons, knives and forks shall be
provided and shall be designed to present the handle to the employee or
resident.
o) Tableware may be set prior to serving a meal when glasses and
cups are inverted, and knives, forks and spoons are wrapped or otherwise
covered.
p)
1) Single-service Articles. Single-service articles shall be
stored above the floor on clean shelves and in closed containers that protect
them from contamination.
2) Single-service articles shall be commercially packaged for
individual use or shall be available to the resident from a dispenser in a way
that prevents contamination of surfaces that may contact food or the user's
mouth. Handling of single-service articles in bulk shall be conducted in a way
that protects them from contamination. Single-service articles shall be used only
once.
q) Garbage and Refuse. Garbage and refuse shall be kept in
durable fly-proof and rodent-proof containers that do not leak and do not
absorb liquids. Plastic bags and high wet strength paper bags may be used to
line these containers and may be used for storage inside the food service
establishment when protected from insects and rodents.
1) Containers. Containers, compactors, and compactor systems
shall be easily cleanable, shall be provided with tight-fitting lids, doors, or
covers, and shall be kept covered when not in actual use. Drain plugs, where
required, shall be in place at all times, except during cleaning.
2) There shall be a sufficient number of containers to hold all
the garbage and refuse that accumulates.
3) All garbage and refuse containers shall be maintained in a
sanitary condition and shall be thoroughly cleaned on the inside and outside in
a way that does not contaminate food, equipment, utensils, or food preparation
areas. Liquid waste from compacting or cleaning of garbage or refuse
containers shall be disposed of as sewage.
4) Garbage and Refuse Storage. Garbage and refuse on the
premises shall be stored in a manner inaccessible to insects and rodents. When
stored outside, plastic bags or high wet strength paper bags or bale units
containing garbage and refuse must be stored in approved containers.
5) Garbage or refuse storage rooms, if used, shall be constructed
of easily cleanable, non-absorbent, washable materials, shall be kept clean,
shall be insect and rodent proof, and shall be large enough to store the
garbage and refuse containers that accumulate.
6) Outside storage areas or enclosures shall be large enough to
store the garbage and refuse containers that accumulate and shall be kept
clean. Garbage and refuse containers and compactor systems located outside
shall be stored on or above a smooth surface of non-absorbent material, such as
concrete or machine-laid asphalt, that is kept clean, graded to prevent
accumulation of liquid waste, and maintained in good repair.
7) All garbage and rubbish shall be disposed of daily or at such
other frequencies as may be approved by the regulatory authority and in such a
manner as to prevent a nuisance.
8) Where garbage or combustible rubbish is burned on the
premises, an approved incinerator shall be provided, and shall be operated in
such a manner as to comply with State and local regulations and so that it does
not create a nuisance. Areas around such incinerators shall be kept in a clean
and orderly condition.
r) Protective Shielding.
Shielding to protect against broken glass falling into food
shall be provided for all artificial light fixtures located over or within food
storage, preparation, service and display facilities and facilities where
utensils are cleaned and stored. Infra-red or other heat lamps shall be protected
against breakage by a shield surrounding and extending beyond the bulb, leaving
only the face of the bulb exposed.
s) Poisons and Toxic Materials. Only those poisonous or toxic
materials required to maintain the establishment in a sanitary condition or
required for sanitizing of equipment or utensils shall be present in food
service establishments.
1) Containers of poisonous and/or toxic materials, including
insecticides and rodenticides, shall be prominently and distinctly labeled for
easy identification of contents and stored in the original container as
received from the manufacturer or distributor.
2) Poisonous and/or toxic materials shall be stored in cabinets
that are used for no other purpose or in a place other than an area where food
is stored, prepared, displayed or served and other than an area where clean
equipment or utensils are stored. Bactericides and cleaning compounds shall
not be stored in the same cabinet or area of a room with insecticides,
rodenticides or other poisonous or toxic materials. They may be stored in an
area separated from food within the food storage room but shall not be
intermingled with food products.
3) Bactericides, cleaning compounds or other compounds intended
for use on food-contact surfaces shall not be used in a way that leaves a toxic
residue on such surfaces, nor in a way that constitutes a hazard to employees.
4) Poisonous and/or toxic materials shall not be used in a way
that contaminates food, equipment or utensils, nor in a way that constitutes a
hazard to employees or other persons, nor in a way other than in full
compliance with their labeling.
5) Premises (General). Personal medications shall not be stored
in food storage, preparation or service areas.
6) First-aid supplies shall be stored in a way that prevents them
from contaminating food and food-contact surfaces.
t) A door shall separate food service operations from any
laundry area, except that laundry operations may be conducted in a storage room
containing only packaged foods.
1) Linen Storage. Clean cloths and napkins shall be stored in a
clean place and protected from contamination until used.
2) Non-absorbent containers or washable laundry bags shall be
provided and damp or soiled linens and clothes shall be kept in them until
removed for laundering.
3) Cleaning and Equipment Storage. Maintenance and cleaning
equipment shall be used and stored in a way that does not contaminate food,
utensils, equipment or linen.
u) Animals. Live animals, including cats, dogs, birds and
turtles, shall be excluded from all food preparation and dining areas. This
exclusion does not apply to edible crustacea, shellfish or fish, nor to fish in
an aquarium. Police patrol dogs or guide dogs accompanying blind persons shall
be permitted in dining areas.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1470 KITCHEN EQUIPMENT, UTENSILS AND SUPPLIES
Section 370.1470 Kitchen
Equipment, Utensils and Supplies
a) The kitchen or dietary area shall be adequate to meet the food
service needs. It shall have adequate equipment, utensils and supplies to
properly store, prepare, and serve the required number of meals. This shall
include, but is not limited to, the following:
b) There shall be an adequate supply of food preparation
equipment such as pots, pans, spoons, knives, mixers, etc., of the proper type
to satisfactorily prepare the meals.
c) Each facility shall provide an adequate number of dishes,
glassware, and silverware of a satisfactory type to serve all the residents in
the facility at each meal.
SUBPART I: MAINTENANCE, HOUSEKEEPING AND LAUNDRY
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1610 MAINTENANCE
Section 370.1610 Maintenance
a) Every facility shall have an effective plan for maintenance
including sufficient staff, appropriate equipment and adequate supplies. Each
facility shall:
1) Maintain the building in good repair and free of the
following: cracks in floors, walls or ceilings; peeling wallpaper or paint;
warped or loose boards; warped, broken, loose or cracked floor covering, such
as tile or linoleum; loose handrails or railings; loose or broken window panes;
and any other similar hazards.
2) Maintain all electrical, signaling, mechanical, water supply,
heating, fire protection and sewage disposal systems in a safe and functioning
condition. This shall include regular inspections of these systems.
3) Maintain all electrical cords and appliances in a safe and
functioning condition.
4) Maintain the interior and exterior finishes of the building as
needed to keep it attractive, clean, and safe. (Painting, washing, etc.)
5) Maintain all furniture and furnishings in a clean, attractive,
and safely repaired condition.
6) Maintain the grounds and other buildings on the grounds in a
safe, sanitary and presentable condition.
7) The building and grounds shall be kept free of any possible
infestations of insects and rodents by: eliminating sites of breeding and
harborage inside and outside the building; eliminating sites of entry into the
building with screens of not less than 16 mesh to the inch and repair of any
breaks in construction.
b)
1) Maintain all plumbing fixtures and piping in good repair and
properly functioning.
2) Protect the potable water supply from contamination by
providing and properly installing adequate, backflow protection devices or
providing adequate air gaps on all fixtures that may be subject to backflow or
back siphonage.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1620 HOUSEKEEPING
Section 370.1620
Housekeeping
a) Every facility shall have an effective plan for housekeeping
including sufficient staff, appropriate equipment and adequate supplies. Each
facility shall:
1) Keep the building in a clean, safe and orderly condition.
This includes all rooms, corridors, attics, basements and storage areas.
2) Keep floors clean, as non-slip as possible, free from tripping
hazards.
3) Control odors within the housekeeping staff's area of
responsibility by effective cleaning procedures and by the proper use of
ventilation systems. Deodorants shall not be used to cover up persistent odors
caused by unsanitary conditions or poor housekeeping practices.
b) Attics, basements, stairways and similar areas shall be kept
free of accumulations of refuse, discarded furniture, old newspapers, boxes,
discarded equipment and other items.
c) Bathtubs, shower stalls and/or lavatories shall not be used
for laundering, janitorial or storage purposes.
d) Potentially hazardous compounds and/or solutions, such as
cleaning compounds and insecticides, shall be kept in a segregated space
outside of food preparation or storage areas and bathrooms.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1630 LAUNDRY SERVICES
Section 370.1630 Laundry
Services
a) Every facility shall have an effective means of supplying an
adequate amount of clean linen for operation, either through an in-house
laundry, a contract with an outside service, or each resident doing his or her
own laundry as a part of a training program.
b) An adequate supply of clean linen shall be defined as the
three sets of sheets, pillow cases and other linens needed to meet the needs of
the residents. Additional changes of linen may be required in consideration of
laundering and transporting soiled linens.
c) If an in-house laundry service is provided, then the following
conditions shall exist:
1) Whether the laundry is done by each resident on his or her own
or a staff member, the laundry area shall be maintained and operated in a
clean, safe and sanitary manner.
2) Written operating procedures shall be developed, posted and
implemented which provide for the handling, transport and storage of clean and
soiled linens.
3) If the facility provides staff to do the laundry, then such
laundry personnel must be in good health and practice good personal grooming.
Employees must thoroughly wash their hands and exposed portions of their arms
with soap and warm water before starting work, during work as often as
necessary to keep them clean and after smoking, eating, drinking, using the
toilet and handling soiled linens.
4) Clean linen shall be protected from contamination during
handling, transport and storage.
5) Soiled linen shall be handled, transported and stored in a
manner that protects facility residents and personnel.
6) The laundry and its accessary storage and handling areas shall
not be used as a storage area for supplies not directly connected with the
operation of the laundry.
d) If an outside laundry service is used, it shall provide for
protection of clean linens during transport back to the facility.
e) If the facility provides laundry service for residents'
personal clothing, it must be handled, transported and stored in a manner that
will not allow contamination of clean linen or allow contamination by soiled
linen.
SUBPART J: FURNISHINGS, EQUIPMENT AND SUPPLIES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1810 FURNISHINGS
Section 370.1810 Furnishings
a) Each resident shall be provided with a bed that is at least
thirty-six (36) inches wide, be of sturdy construction and in good repair.
Cots, roll-away or folding beds shall not be used. Double beds shall be used
for married couples if they desire this arrangement. Single beds shall be
provided for single residents, unless the resident and the facility are
agreeable to the use of a double bed.
b) Each bed shall be provided with satisfactory type springs in
good repair and a clean, firm, comfortable mattress of appropriate size for the
bed.
c) Each bed shall be provided with a minimum of one (1) clean,
comfortable pillow.
d) Each bedroom shall be furnished with enclosed space within the
resident's room for hanging the resident's clothes. This space shall be at
least two (2) feet by two (2) feet per resident and of sufficient height for
hanging clothes.
e) Each resident shall be provided with a minimum of two (2)
adequately sized drawers located in the resident's bedroom.
f) Each bedroom shall be provided with a mirror. Each lavatory
shall be provided with a mirror.
g) Each bedroom shall have window shades, or equivalent, in good
repair.
h) A bedside table, chair and satisfactory reading lamp, or
equivalent, shall be provided for each bed.
i) Each living and multi-purpose room for residents' use shall
be provided with an adequate number of reading lamps, tables and chairs or
settees. These furnishings shall be well constructed and of satisfactory
design for the residents.
j) Dining room furnishings that are well constructed,
comfortable, in good repair and of satisfactory design shall be provided for
each resident. A sufficient number of tables, of a type that can be used by
wheelchair residents, shall be available to accommodate all wheelchair residents
in the facility.
k) Office spaces and other areas shall be satisfactorily
furnished with desks, chairs, tables, lamps, cabinets, counters and other
furnishings essential to the proper use of the area.
l) A
facility shall make reasonable efforts to have activated at all times
the closed captioning feature on a television in a common area provided for use
by the general public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general public or a
resident, if the television includes a closed captioning feature. As used in
this subsection (l), "closed captioning" means a text display
of spoken words presented on a television that allows a deaf or hard of hearing
viewer to follow the dialogue and the action of a program simultaneously.
1) It
is not a violation of this subsection if the closed captioning feature is
deactivated by a member of the facility's staff after the feature is enabled in
a common area or in a resident's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a violation of this
subsection if the closed captioning feature is deactivated by a member of
the general public, a resident, or a member of the facility’s staff at the
request of a resident of the facility. Facilities shall ensure that staff
are trained on the requirements of this subsection (l) and that staff, prior to
deactivating a television's closed captioning feature, confirm with others
within the television viewing area of the intention to deactivate the closed
captioning feature. If residents are not in agreement on deactivating the
closed captioning feature, then the closed captioning feature shall not be
deactivated.
2) If
a facility does not have a television in a common area that includes a closed
captioning feature, then the facility shall ensure that all televisions subsequently
obtained for common areas include a closed captioning feature. This subsection
does not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or diminish the rights of
a person with a disability under any other law. Nothing in this subsection
shall apply to televisions that are privately owned by a resident or third
party and not owned by the facility. (Section 5.5 of the Act)
3) A
facility shall post information regarding the availability of closed captioning
on televisions in the facility and shall provide residents with information on
how to activate the closed caption feature.
(Source: Amended at 47 Ill. Reg. 17196, effective November 1, 2023)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.1820 EQUIPMENT AND SUPPLIES
Section 370.1820 Equipment
and Supplies
a) There shall be a sufficient supply of linen and bedding in
good condition to provide proper cleanliness and comfort to the residents.
b) There shall be a first aid kit in each living unit. This shall
contain bandages, sterile gauze dressings, bandage scissors, tape, sling, burn
ointment, and any other first aid supplies and equipment.
c) Program supplies shall be provided to maintain an ongoing
program and meet the varied interests and needs of the residents. These shall
include, but are not limited to, games, craft supplies, current
magazines,books, radio, and television.
d) Dishes and kitchen equipment shall be provided as set forth in
Section 370.1470.
e) Cleaning equipment and supplies shall be provided as set forth
in Section 370.1610 and 370.1620.
SUBPART K: WATER SUPPLY AND SEWAGE DISPOSAL
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2010 CODES
Section 370.2010 Codes
Water supply, sewage disposal
and plumbing systems shall comply with all applicable State and local codes and
ordinances.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2020 WATER SUPPLY
Section 370.2020 Water
Supply
a) Each facility shall be served by water from a municipal public
water supply when available.
b) When a municipal public water supply is not available, the
water supply shall comply with the Department's rules for "Drinking Water
Systems" (77 Ill. Adm. Code 900), as amended promulgated pursuant to
"An Act in Relation to Public Health (Ill. Rev. Stat. 1979, ch. 111½,
pars. 22 et seq.), as amended.
c)
1) If water is supplied by a well that is not part of a municipal
system, the well shall be constructed and maintained in accordance with the
"Illinois Water Well Construction Code" (77 Ill. Adm. Code 920) and
"Water Well Pump Installation Code" (77 Ill. Adm. Code 925).
2) Each facility shall have a written agreement with a water
company, dairy, or other water purveyor to provide an emergency supply of
potable water for drinking and culinary purposes.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2030 SEWAGE DISPOSAL
Section 370.2030 Sewage
Disposal
a) All sewage and liquid wastes shall be discharged into a public
sewage system when available.
b) When a public sewage system is not available, sewage and
liquid wastes shall be collected, treated, and disposed of in a private sewage
disposal system. The design, construction, maintenance, and operation of the
system shall comply with the "Private Sewage Disposal Licensing Code"
(77 Ill. Adm. Code 905), as amended.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2040 PLUMBING
Section 370.2040 Plumbing
Each plumbing system shall
comply with the "Illinois State Plumbing Code" (77 Ill. Adm. Code
890) and the rules promulgated thereunder effective at the time of construction
and/or approved acceptance by the Department.
SUBPART L: DESIGN AND CONSTRUCTION STANDARDS FOR NEW COMMUNITY LIVING FACILITIES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2210 APPLICABILITY OF STANDARDS
Section 370.2210
Applicability of Standards
a)
1) These standards shall apply to all new community living
facilities and major alterations and additions to existing community living
facilities. (Major alterations are those that are not defined as minor
alterations in Section 370.2210(f) herein.) A permit from the Illinois Health
Facilities Planning Board is not required for Community Living Facilities.
2) Projects for which working drawings and specifications have
received final approval by the Department prior to the promulgation of these
Standards are subject only to those standards that were in effect at the time
that final approval was given.
b) When construction is contemplated, either for new buildings or
additions or major alterations to existing buildings coming within the scope of
these standards, design development drawings and outline specifications shall
be submitted to the Department for review. Approval of design development
drawings and specifications shall be obtained from the Department prior to
starting final working drawings and specifications. Comments or approval will
be provided within thirty (30) days of receipt by the Department.
c) The final working drawings and specifications shall be
submitted to the Department for review and approval prior to beginning of
construction. For final approval to remain valid, contracts must be signed
within one (1) year of the date of final approval. Alternate methods of design
development and construction, such as fast track may be acceptable, subject to
the approval of the Department. Comments or approval will be provided within
thirty (30) days of receipt by the Department.
d) Any contract modifications which affect or change the
function, design, or purpose of a facility shall be submitted to the Department
for approval prior to authorizing the modifications. Comments or approval will
be provided within thirty (30) days of receipt by the Department.
e) The Department shall be notified at least thirty (30) days
before construction has been completed. The Department will then complete a
final inspection. Deficiencies noted during the final inspection must be
completed before occupancy will be allowed.
f) Minor alterations or remodeling changes which do not affect
the structural integrity of the building, which do not change functional
operation, which do not affect fire safety, and which do not add beds or
facilities over those for which the community living facility is licensed need
not be submitted for drawing approval.
g) No system of water supply, plumbing, sewage, garbage or refuse
disposal shall be installed, nor any such existing system materially altered or
extended until complete plans and specifications for the installation,
alteration or extension have been submitted to the Department and have been
reviewed and approved.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2220 CODES AND STANDARDS
Section 370.2220 Codes and
Standards
a) Each facility shall comply with the applicable provisions of
the following codes and standards:
1) State of Illinois Codes and Standards
|
|
Code
or Standard
|
Agency
|
|
A)
|
Ill. State Plumbing Code
(1976) (77 Ill. Adm. Code 890)
|
Department of Public Health
|
|
|
|
|
|
B)
|
Accessibility Standards (June
1978) (77 Ill. Adm. Code 400)
|
Capital Development Board
|
|
|
|
|
|
C)
|
Rules for Food Service
Sanitation (1975) (77 Ill. Adm. Code 750)
|
Department of Public Health
|
|
|
|
|
|
D)
|
State of Illinois Safety
Glazing Materials Act, 1971 (Ill. Rev. Stat. 1981, ch. 111½, pars. 3101 et
seq.)
|
State of Illinois Department
of Labor
|
|
|
|
|
|
E)
|
Rules for Fire Prevention and
Safety (41 Ill. Adm. Code 100) September 1983
|
Office of State Fire Marshal
Division of Fire Prevention
|
2) Other Codes and References
|
|
Codes
or Standards
|
Agency
|
|
A)
|
National Fire Protection
Association
|
National Fire Protection
Association
|
|
|
|
|
|
|
i)
|
NFPA l0 – 1978 edition,
Standard for Portable Extinguishers
|
|
|
|
|
|
|
ii)
|
NFPA 70 – 1981 edition
National Electric Code
|
|
|
|
|
|
|
iii)
|
NFPA 72 – 1975 edition, Local
Protective Systems
|
|
|
|
|
|
|
iv)
|
NFPA 90A – 1978 edition, Air
Conditioning and Ventilating Systems
|
|
|
|
|
|
|
v)
|
NFPA 220 – 1979 edition,
Standard Types of Building Construction
|
|
|
|
|
|
|
vi)
|
NFPA 255 – 1979 edition, Test
of Surface Burning Characteristics of Building Materials
|
|
|
|
|
|
B)
|
Underwriters' Laboratory, Inc.
(UL)
|
Underwriters' Laboratories,
Inc.
|
|
|
|
|
|
|
i)
|
Fire Resistance Index (All
Editions)
|
|
|
|
|
|
|
ii)
|
Building Material Directory
(All Editions)
|
|
|
|
|
|
C)
|
America Society for Testing
and Materials (ASTM) Standard No. E-84-1977A Method of Test for Surface
Burning Characteristics of Building Materials (as currently revised in NFPA
225-1979)
|
America Society for Testing
and Materials
|
|
|
|
|
|
D)
|
Uniform Building Code (1976
Edition)
|
International Conference of
Building Officials
|
|
|
|
|
b) In addition to compliance with the Standards set forth herein,
all building codes, ordinances and regulations which are enforced by City,
County or other local jurisdictions in which the facility is, or will be
located must be observed.
c) Where no local building code exists, the recommendations of
the 1976 Edition of the "Uniform Building Code" shall apply.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2230 PREPARATION OF DRAWINGS AND SPECIFICATIONS
Section 370.2230 Preparation
of Drawings and Specifications
a) The preparation of drawings and specifications shall be
executed by or be under the immediate supervision of an architect registered in
the State of Illinois.
b) All drawings and specifications shall contain the architect's
name and address.
c) The first submission shall be the design development drawings
indicating in detail the assignment of all spaces, size of areas and rooms, and
indicating in outline, the fixed and movable equipment and furniture, and the
outline specifications.
d) The plans shall be drawn at a scale sufficiently large to
clearly present the proposed design.
e) Plans showing the proposed location must be submitted to the
Illinois Department of Transportation, Division of Water Resources to determine
compliance with the State Flood Plain Regulations and Executive Order IV, 1979.
f) The drawings shall include:
1) a plan of each floor including the basement or ground floor,
2) roof plan,
3) plot plan showing roads, parking areas, sidewalks, etc.,
4) elevations of all facades,
5) sections through the building,
6) identification of all fire and smoke compartmentation.
g) Outline specifications shall provide a general description of
the construction including finishes; acoustical material, floor covering;
heating and ventilating systems; description of the electrical system including
the emergency electrical system.
h) The total gross floor area and bed count shall be shown on the
drawings.
i) A brief narrative of the proposed program shall be submitted
with the design development drawings and outline specifications.
j) Following approval of the design development drawings and the
outline specifications, working drawings and specifications shall be
submitted. All working drawings shall be well prepared and clear and distinct
prints submitted. Drawings shall be accurately dimensioned and shall include
all necessary explanatory notes, schedules and legends. Working drawings shall
be complete and adequate for contract purposes. Drawings shall be prepared for
each of the following branches of work: Architectural, Structural, Mechanical,
Electrical and Plumbing.
1) The architectural drawings shall show:
A) Site plan showing all topography, newly established levels and
grades, existing structures on the site (if any), new buildings and structures,
roadways, walks, and the extent of the areas to be landscaped. All structures
which are to be removed under the construction contract shall be shown.
B) Plan of each floor and roof.
C) Elevation of each facade.
D) Sections through building.
E) Scale Details as necessary at a scale sufficiently large to
properly indicate details of the work.
F) Schedule of finishes.
2) The structural drawings shall show:
A) Plans of foundations, floors, roofs and all intermediate levels
shall show the complete design with sizes, sections, and the relative location
of the various members including:
B) Schedule of beams, girders and columns.
C) Notes on design data shall include the name of the governing
building code, values of allowable unit stresses, assumed live loads, wind
loads, earthquake load, and soil bearing pressures.
D) Details of special connections, openings, pipe sleeves and
expansion joints.
E) Special structures shall include calculations defining load
assumption, shear and moment diagrams and horizontal and vertical reactions.
3) Mechanical drawings with specifications shall show the
complete heating, cooling and ventilation systems plumbing and drainage
systems, and shall include the following:
A) Heating, Cooling and Ventilation.
i) Air conditioning systems with required equipment, water and
refrigerant piping, and ducts.
ii) Supply and exhaust ventilating systems with connections and
piping.
B) Plumbing and Drainage Systems.
i) Size and elevation of: street sewer, house sewer, house
drains, street water main, and water service into the building.
ii) Location and size of soil, waste, and vent stacks with
connections to house drains, cleanouts, fixtures and equipment.
iii) Size and location of hot, cold and circulating mains,
branches, and risers from the service entrance, and tanks.
iv) Riser diagram of all plumbing stacks with vents, water risers
and fixture connections.
v) All fixtures and equipment that require water and drain
connections.
4) Electrical drawings shall show all electrical wiring, outlets,
and equipment which require electrical connections, and shall include the
following:
A) Electrical service entrance with switches and feeders to the
public service feeders, characteristics of the light and power current,
transformers and their connections.
B) Location of main switchboard, power panels, light panels and
equipment. Feeder and conduit sizes shall be shown with schedule of feeder
breakers or switches.
C) Light outlets, receptacles, switches, power outlets, and
circuits.
D) Telephone layout showing service entrance, telephone
switchboard, strip boxes, telephone outlets and branch conduits as approved by
the telephone company. Where public telephones are used for
intercommunication, provide separate room and conduits for racks and automatic
switching equipment as required by the telephone company.
E) Fire alarm system with stations, signal devices, control board
and wiring diagrams.
F) Emergency electrical system with outlets, transfer switch,
source of supply, feeders, and circuits.
G) All other electrically operated systems and equipment.
5) When the project is an addition, the preceding requirements
apply and details and information on the existing building also shall be
provided as follows:
A) Type of activities within the existing building and
distribution of existing beds, etc.
B) Type of construction of existing building and number of stories
in height.
C) Plans and details showing attachment of new construction to the
existing structure.
D) Mechanical and Electrical systems showing connections to the
existing system.
6) The Department may require submission of drawings of all or
any part of the existing structure.
7) Specifications shall supplement the drawings and shall:
Describe, except where fully indicated and described on the drawings, the
materials, workmanship, kind, sizes, capacities, finishes, and other
characteristics of all materials, products, articles and devices.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2240 SITE
Section 370.2240 Site
a) The facility shall be located on a reasonably flat or rolling,
well drained site that is not subject to flooding and reasonably free from
sources of excessive noise, noxious or hazardous smoke or fumes. The facility
shall not be located in deteriorated, unpleasant, or potentially hazardous
area; nor near uncontrolled sources of insect and rodent breeding.
b) The facility shall be located so that the building or
buildings can comply with all applicable local zoning ordinances, building
restrictions and fire safety requirements. The Department may impose
requirements if the proposed locations of the building or buildings on the site
would result in a hazard to, or be detrimental to the health, welfare, or
safety of the residents in the facility.
c) The facility shall be located in a community which can provide
the necessary supportive services for the home such as physicians' services,
medical facilities, public utilities, or other acceptable substitutes; and be
located on a well-maintained, all-weather road.
d) The facility shall be located in a section of the community
conveniently accessible to reach public transportation, parks, churches,
shopping and other community resources, which will be beneficial in the
residents' training program toward independent living.
e) The facility shall be served by a potable water supply with
water pressure and volume that is acceptable to this Department and the Office
of the State Fire Marshal.
f) The distance from the fire station, the accessibility of the
facility, and capability of the fire department must be approved in writing by
the Office of the State Fire Marshal.
g) The facility shall have at least one (1) municipal or private
fire hydrant, located within three hundred (300) feet of every point on the perimeter
of the building and satisfactory for use by the equipment of the fire
department serving the building, or have an acceptable equivalent. Additional
hydrants may be required, if needed, to properly protect the residents from
fire hazards. Evaluation and written approval must be obtained from the Office
of the State Fire Marshal.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2250 ADMINISTRATION
Section 370.2250
Administration
a) Facilities for the physically handicapped (public, staff)
shall be provided in administration and public areas if these areas are located
within the facility.
b) Each facility shall provide sufficient space for clerical,
financial and managerial functions.
c) Each facility shall provide a toilet room with a water closet
and a lavatory for staff and visitors.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2260 BEDROOMS
Section 370.2260 Bedrooms
a) Each single bedroom used for a resident shall have at least
one hundred (100) square feet of usable net floor area, not including any space
taken up for closets, wardrobes, bathrooms, and clearly definable entryway
areas.
b) Each multiple bedroom used for residents shall have for each
resident housed in the room at least seventy-five (75) square feet of usable
floor area. Usable area does not include any space utilized for closets,
wardrobes, bathrooms, and clearly definable entryway areas. Maximum room
capacity shall be two (2) residents. There shall be a three (3) foot minimum
distance between beds.
c) Resident bedrooms shall have an entrance directly off an exit
corridor or may be part of an apartment suite (bedrooms, toilet, living/dining
room and residential kitchen) having an entrance to an exit corridor.
1) Entrance door to an apartment suite or resident bedroom shall
swing into the room.
2) No room that opens into a central kitchen or necessitates
passing through a central kitchen shall be used as a resident bedroom.
d) Each room used as a resident bedroom shall have at least one
(1) outside window, and a total window area to the outside equal to at least
one-tenth (1/10) the floor area of the room. The total
window area may be reduced to 7.5% of the floor area of the room if wood or
other non-cold conducting sash such as metal sash with a thermal break and
double or triple insulating glass is used, except that at least nine (9) square
feet of window area is required in single bedrooms.
e) Each bedroom shall have adequate and satisfactory artificial
light.
f) Each resident shall have access to a toilet room.
g) Each facility shall provide a closet or wardrobe of at least
six (6) square feet for each resident.
h)
1) Each bedroom floor shall be no more than three (3) feet below
the adjacent ground level.
2) Each below grade bedroom shall be designed to maintain a dry
and comfortable environment.
i) The furniture in the room shall be so arranged, even if it
reduces the bed capacity of the room, so that the bed, bedside stand and chair
for each resident will be reasonably well arranged.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2270 NURSES' STATION
Section 370.2270 Nurses'
Station
A nurses' station is not a
requirement, but provision for twenty-four (24) hour staff supervision shall be
provided within each unit (See Subpart D).
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2280 BATH AND TOILET ROOMS
Section 370.2280 Bath and
Toilet Rooms
a) Each facility shall provide a minimum of one (1) water closet,
one (1) lavatory and one (1) bathtub or shower for each sex on each floor
occupied by residents.
1) Each facility shall provide bathroom fixtures in the following
minimum numbers. The number of resident beds shall be used in determining the
number of bathroom fixtures required, irrespective of the fact that some of the
beds may not be occupied.
2) Each facility shall provide one (1) lavatory and one (1) water
closet for each six (6) resident beds on each floor.
3) Each facility shall provide one (1) bathtub or shower for each
eight (8) resident beds on each floor, which is not otherwise served by bathing
facilities adjacent to the resident room.
b)
1) Each tub or shower shall be in an individual room or enclosure
which provides space for the private use of the bathing fixture, and for drying
and dressing.
2) Showers shall be at least 3'-0" square.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2290 LIVING, DINING ROOM, AND ACTIVITY ROOM(S)
Section 370.2290 Living,
Dining Room, and Activity Room(s)
a) These rooms shall be so located that the room is not an
entrance vestibule from the out-of-doors, nor an obstruction to traffic in and
out of the facility.
b)
1) Each facility shall provide at least one (1) comfortably
furnished living room.
2) The minimum floor space for a living room shall be one hundred
twenty (120) square feet. The living room shall have a total window area equal
to at least one-tenth (1/10) the floor area.
c) Provide a dining room with sufficient area to properly and
comfortably seat the residents it serves.
d) The combined area of the living, dining, and activity rooms
shall be not less than thirty (30) square feet per resident bed.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2300 KITCHEN
Section 370.2300 Kitchen
a) Provide a central kitchen or residential kitchen properly
located for efficient food service, and large enough to accommodate the
equipment and personnel needed to prepare and serve properly the number of
meals required as determined by the Department. The size of kitchen shall be
approximately ten (10) square feet per resident bed.
b) Provide kitchen equipment in an arrangement for convenient
operation, good sanitation, healthful working conditions and control of heat,
noise, and odors.
c) Provide appropriate equipment for the preparation and serving
of meals.
d) Provide refrigeration of perishable foods.
e) Provide a two (2) compartment sink equipped with drain
boards. One (1) compartment is for washing dishes and the other is for rinsing
and sanitizing them. The compartment for sanitizing shall be sufficiently deep
to allow complete submersion of all items washed. A domestic type dishwashing
machine equipped with sanitizing features is required for kitchens serving more
than ten (10) residents.
f) The central kitchen shall be provided with a handwashing
lavatory. The 2-bowl sink may be used for handwashing.
g) The walls and ceilings of all food handling rooms shall be
finished with smooth, washable, light-colored surfaces.
h) All openings to the outside shall be effectively screened
during fly seasons, and screen doors shall be equipped with self-closing
devices, or a satisfactory alternative method.
i) The central kitchen shall be located so that no resident must
pass through it to reach a bathroom, resident's bedroom, the living room,
dining room, or the out-of-doors.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2310 LAUNDRY ROOM
Section 370.2310 Laundry
Room
a) Provide a laundry room equipped with appropriate and
satisfactory type equipment of a design to meet the needs of the facility
unless a commercial laundry is used.
b) Laundry facilities shall not be located in rooms used for food
storage, preparation, or serving.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2320 HOUSEKEEPING AND STORAGE
Section 370.2320
Housekeeping and Storage
a) Sufficient janitor's closets shall be provided throughout the
facility as required to maintain a clean and sanitary environment. Each shall
contain a floor receptor or service sink and storage space for housekeeping
equipment and supplies. Space(s) for large housekeeping equipment and for
back-up supplies may be centrally located.
b) Provide a total area of approximately ten (10) square feet per
resident bed for the storage of excess personal possessions of residents and
staff, linens, supplies, activity materials and other items. This does not
include closets or wardrobes in residents' rooms. Separate storage space with
provisions for locking and security control shall be provided for residents'
personal effects which are not kept in residents' bedrooms.
c) Provide storage rooms for maintenance supplies, yard
equipment, etc.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2330 BUILDING GENERAL
Section 370.2330 Building
General
a) General
1) Building shall not be a structural part of a long-term care
facility or other institutional buildings.
2) Provide a room arrangement that will permit the facility to be
divided functionally into living units for not more than twenty (20)
residents. Each living unit shall contain its own living room and dining room.
3) Each facility shall have a maximum capacity of twenty (20)
beds.
4) Buildings of one (1) story in height shall be constructed of
fire resistive, protected noncombustible, protected ordinary, protected wood
frame, heavy timber, or unprotected noncombustible construction. Buildings of
fire resistive construction are not limited in height or number of stories.
Buildings of two (2) stories or more in height may be of any approved construction
type and must be equipped throughout with an approved automatic extinguishing
system, except for fire-resistive construction.
5) All corridors shall be four (4) feet in clear and unobstructed
width.
b) Doors and Windows
1) Main entrance and all exit doors shall be thirty six (36)
inches in width and shall swing outward and be provided with door closers.
2) Exit access doors and all doors used by the residents (except
toilets) shall be thirty-two (32) inches in width, side-hinged, swingingtype.
3) The doors for the toilet rooms used by residents shall have a
minimum door width of thirty (30) inches.
4) Resident toilet rooms shall open directly into a corridor or
into a resident bedroom.
5) No toilet or bathroom door shall be provided with hardware
which could allow a resident to become locked in the room. All toilet and
bathroom doors and hardware shall be designed to permit emergency ingress to
the room.
6) Locks installed on residents' bedroom and apartment suite
doors shall be so arranged that they can be quickly and easily unlocked from
the corridor side. All such locks shall be arranged to permit exit from the
room by a simple operation without the use of a key. The door may be lockable
by the occupant if the door can be locked from the corridor side and keys are
carried by the attendants at all times.
7) All doors to bedrooms and exit corridors shall be a minimum of
one and three-fourth (1¾) inches thick solid core wood or equivalent, with
positive latching, and without louvers.
8) Doors that are part of a 2-hour fire rated wall separating
sections of the building, or an abutting building, must be at least one and
one-half (1½) hour, "B" label and self-closing.
9) Doors in stairways shall have a fire protection rating of
twenty (20) minutes, be self-closing and self-latching. Provide a wire glass
vision panel in a steel frame.
10) Doors and windows shall fit snugly and be weather tight, yet
open and close easily.
11) Outside doors, other than required exits, and operable
windows shall be equipped with tight-fitting, 16-mesh screens. Screen doors
shall be equipped with self-closing devices.
c) Floors
1) Floors shall be smooth, free from cracks and finished so that
they can be easily and properly cleaned. Floors shall be covered wall to wall
with water resistant material in wet areas including but not limited to
bathrooms, kitchens, utility rooms.
2) Thresholds and expansion joints shall be flush with the floor
to facilitate use of wheelchairs and carts.
d) Walls and Ceiling
1) All rooms occupied or used by residents shall have ceilings
not less than eight (8) feet in height.
2) Corridors, storage rooms, toilet rooms and other minor rooms
shall have ceilings not less than seven (7) feet eight (8) inches in height.
3) Projections located in the path of traffic shall be not less
than six (6) feet eight (8) inches above the floor.
4) Materials used for wall construction shall be highly resistant
to impact damage.
e) Mirrors shall be installed above all lavatories except handwashing
lavatories in food preparation areas.
f) Provide paper towel dispensers and waste receptacles at all
lavatories except those located within, or directly off of a resident's room.
g) Interior finish materials (floors, walls and ceilings) shall
be either Class A (flame spread 0-25 smoke development 0-450) or Class B (flame
spread 26-75 smoke development 0-450).
h) There shall be at least one (1) approved fire extinguisher in
all basements, furnace rooms, kitchens, and laundry rooms. In addition, there
shall be at least one fire extinguisher on each floor of the building, located
so a person will not have to travel more than fifty (50) feet from any point to
reach one. They shall be inspected annually and recharged when necessary. The
date of checking and recharging shall be recorded on a tag attached to the
extinguisher.
i)
1) Approved containers with proper covers shall be provided for
storage of rubbish and waste.
2) Housekeeping throughout the building, including basements,
attics and unoccupied rooms shall be adequately performed to minimize fire
hazards.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2340 EXIT FACILITIES AND SUBDIVISION OF FLOOR AREAS
Section 370.2340 Exit
Facilities and Subdivision of Floor Areas
a) At least two (2) exits, remote from each other, shall be
provided for each floor or fire section of the building used by residents. At
the upper floor level, at least one of the means of egress shall consist of an
enclosed interior stairway, an exterior stairway, or a horizontal exit.
b) Exits shall be so located that the entrance door of every
resident's bedroom and of every living, dining, and activity room is not more
than one hundred (100) feet along the line of travel to the nearest exit. This
distance may be increased up to one hundred fifty (150) feet if the entire
building is protected by a complete automatic sprinkler system.
c) Basements used by residents for such purposes as recreation,
group meetings, dining, or laundry shall be provided with two (2) means of
exit. At least one of the exits shall have direct access to the outside of the
building.
d) Fire escape stairs shall not be accepted as constituting any
part of the required means of egress for new buildings.
e) All corridors and passages to be used as a means of exit, or
part of means of exit, shall not lead through any room or space used for a
purpose that may obstruct free passage.
f) Means of egress shall be so arranged that there are no dead
end pockets, hallways, corridors, passageways, or courts whose depth exceeds
twenty (20) feet.
g) Corridor walls shall have a fire-resistive rating of at least
one (1) hour. Corridor walls may terminate at the underside of the ceiling.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2350 STAIRWAYS AND VERTICAL OPENINGS
Section 370.2350 Stairways
and Vertical Openings
a) Interior stairways shall be enclosed with construction having
a 1-hour fire resistance rating, exit directly to outside grade and have a door
at all floors.
b) Light or ventilation shaft, chute and other vertical openings
between stories shall be enclosed with construction having a 1-hour fire
resistance rating.
c) Every multi-level facility shall have stairways with a minimum
headroom of six (6) feet, eight (8) inches and a maximum height of twelve (12)
feet between landings; a minimum clear width of three (3) feet, except
handrails which may project not more than three and one-half (3½) inches on
each side, a handrail is required only on one side of the stair. The width of
treads exclusive of nosing or projection shall be not less than nine (9) inches
and risers shall be not more than eight (8) inches. Stairways with triangular
or winding treads or single risers are not acceptable.
d) Every stairway shall have a landing that is at least as deep
as the width of the stairway door.
e) Usable space under stairs shall not be used for storage.
f) Means of egress such as stairs, stair landings, balconies,
ramps and aisles, located along the edge of open-sided floors and mezzanines,
shall have guardrails to prevent falls over the open side. Each new stair
shall have handrails on at least one side.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2360 HAZARDOUS AREAS
Section 370.2360 Hazardous
Areas
Walls at enclosure of hazardous
areas shall have a one (1) hour fire resistive rating. Doors at enclosure of
hazardous areas shall be a minimum three-fourth (¾) hour "C" label,
with automatic closer. Hazardous areas include the following:
a) Kitchens
b) Furnace and heater rooms
c) Laundries
d) Rooms or spaces, including repair shops, used for the storage
of combustible supplies and equipment in quantities deemed hazardous by the
authority having jurisdiction.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2370 STRUCTURAL
Section 370.2370 Structural
a) The buildings and all parts thereof shall be of sufficient
strength to support all dead, live, and lateral loads without exceeding the
working stresses permitted for the materials of their construction in generally
accepted good engineering practice.
b) Special Provisions
1) Special provision shall be made for loads which have a greater
load than the specified minimum live load, including partitions which are
subject to change of location.
2) Consideration shall be given to structural members and connections
of structures which may be subject to earthquakes or tornadoes.
c) Foundations shall rest on natural solid ground and shall be
carried to a depth of not less than one foot below the frost line.
d) Assumed live loads shall be in accordance with the ICBO
Uniform Building Code.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2380 MECHANICAL SYSTEMS
Section 370.2380 Mechanical
Systems
a) Mechanical systems shall be tested, balanced, and operated to
demonstrate that the installation and performance of these systems conform to
the requirements of these standards.
b) Upon the completion of the contract, the owner shall be
furnished with a complete set of manufacturer's operating and preventative
maintenance instructions, parts list with numbers and descriptions for each
piece of equipment and a copy of the air-balance report. A complete set of
these documents shall be kept on the premises.
c) The owner shall be provided with instructions in the
operational use of the systems and equipment as required.
d) A design temperature of 75º F for both summer and winter
design conditions shall be provided for all patient use areas including corridors.
e) All ventilation supply, return and exhaust systems shall be
mechanically operated.
f) Air conditioning and ventilation systems shall be designed,
installed and maintained as required by National Fire Protection Association
Standard 90A or 90B, depending on the size of the facility.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2390 PLUMBING SYSTEMS
Section 370.2390 Plumbing
Systems
a) All plumbing systems shall be designed and installed in
accordance with the requirements of the "Illinois State Plumbing
Code" except that the number of water closets, lavatories, bathtubs,
showers, and other fixtures shall be as required by these Standards and the
Facility's program.
b) Plumbing fixtures shall be of nonabsorptive acid-resistant
materials.
c) Shower bases and tub bottoms shall be provided with nonslip
surfaces.
d) Water supply systems shall be designed to supply water at
sufficient pressure and volume to operate all fixtures and equipment during
maximum demand periods.
e) Hot water distribution systems shall be arranged to provide
hot water at each hot water outlet at all times. Hot water at shower, bathing
and handwashing facilities shall not exceed 110º F.
f) Water storage tanks shall be fabricated of corrosion resistant
metal or lined with noncorrosive material.
g) Insofar as possible, drainage piping shall not be installed
above the ceiling nor installed in an exposed location in food preparation
centers, food serving facilities, food storage areas, and other critical
areas. Special precautions shall be taken to protect these areas from possible
leakage or condensation from necessary overhead piping systems.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2400 ELECTRICAL SYSTEMS
Section 370.2400 Electrical
Systems
a) All material including equipment, conductors, controls, and
signaling devices shall be installed to provide a complete electrical system
with the necessary characteristics and capacity to supply the electrical
facilities required by these Standards. All materials shall be listed as
complying with available standards of Underwriters' Laboratories, Inc. or other
similarly established standards.
b) All spaces occupied by people, machinery, and equipment within
buildings, approaches to and exits from buildings, and parking lots shall have
lighting.
c) Residents' rooms shall have general lighting. At least one
light fixture shall be switched at the entrance to each resident room. All
switches for control of lighting in residents' sleeping areas shall be of the
quiet operating type.
d) Receptacles (Convenience Outlets)
1) Each resident bed room shall have duplex grounding type
receptacles as follows: At least one located at the head of each bed; one for
television if used; and one on another wall. Receptacles are to be located
between twelve (12) to thirty (30) inches above the finished floor.
2) Resident bathrooms shall have at least one duplex receptacle.
3) At least one duplex receptacle shall be installed in each
corridor.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2410 FIRE ALARM AND DETECTION SYSTEM
Section 370.2410 Fire Alarm
and Detection System
a) Provide an approved supervised fire alarm system.
b) An approved automatic smoke detection system shall be
installed on each floor level. Such system shall be installed in accordance
with National Fire Protection Association Standard 101, Section 6-3 of the 1976
Edition of the Life Safety Code, and with National Fire Protection Association
Standard 72, 1975 Edition. In no case shall smoke detectors be spaced further
apart than thirty (30) feet on center, or more than fifteen (15) feet from any
wall. The automatic smoke detection system shall be electrically interconnected
to the fire alarm system.
c) The fire alarm system shall automatically transmit the alarm
to any available municipal fire department by direct private line or through
any approved central station.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2420 EMERGENCY ELECTRICAL SYSTEM
Section 370.2420 Emergency
Electrical System
An emergency electrical service,
which may be battery operated if effective for four (4) or more hours, shall
provide services as follows:
a) Illumination of means of egress
b) Fire detection and alarm system
c) Telephone service
d) Exit sign fixtures.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2430 FIRE PROTECTION
Section 370.2430 Fire
Protection
The Department, or upon request
the Fire Prevention Division of the Office of the State Fire Marshal, will make
inspections for fire safety and compliance with these Standards. The Fire
Prevention Division shall call to the attention of the Department of Public
Health any violations of these standards pertaining to fire protection found
during a requested inspection. The Department, or upon request, the Fire
Prevention Division, shall be privileged to make as many subsequent visits as
deemed necessary by the Department for assurance of compliance.
SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2610 APPLICABILITY OF STANDARDS
Section 370.2610
Applicability of Standards
a) These standards shall apply to all existing Community Living
Facilities and all minor alterations or remodeling changes to existing
structures that are in conformance with construction type and height. See
Subpart L for New Construction and Major Additions and Alterations.
b) Minor alterations or remodeling changes which do not affect
the structural integrity of the building, which do not change functional
operations, which do not affect fire safety, and which do not add beds or
facilities over those for which the Community Living Facility is licensed need
not be submitted for drawing approval. A permit from the Illinois Health
Facilities Planning Board is not required for Community Living Facilities.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2620 CODES AND STANDARDS
Section 370.2620 Codes and
Standards
a) Nothing stated herein shall relieve the sponsor from
compliance with building codes, ordinances and regulations which are enforced
by City, County or other local jurisdictions.
b) The following codes which were effective at the date of
approval by the Department of the final drawings and specifications or the
final inspection of the building apply:
1) Illinois State Plumbing Code (77 Ill. Adm. Code 690)
Department of Public Health
2) Accessibility Standards for the Handicapped (77 Ill. Adm. Code
400) Capitol Development Board
3) Rules for Fire Prevention and Safety (41 Ill. Adm. Code 100)
Office of State Fire Marshal Division of Fire Prevention
4) Rules for Food Service Sanitation (77 Ill. Adm. Code 750)
Department of Public Health
5) State of Illinois Safety Glazing Materials Act (Ill. Rev.
Stat. 1981 ch. 111 1/2, par. 3101), l97l Department of Labor
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2630 PREPARATION OF DRAWINGS AND SPECIFICATIONS
Section 370.2630 Preparation
of Drawings and Specifications
Drawings and specifications
which are prepared for work which is required by these Standards shall be
prepared in accordance with Section 370.2230 of the Construction Standards for
New Community Living Facilities.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2640 SITE
Section 370.2640 Site
a) Each facility shall comply with all applicable zoning
ordinance and be located on a reasonably flat or rolling, well-drained site
that is: not subject to flooding; reasonably free from sources of excessive
noise, noxious or hazardous smoke or fumes. The facility shall not be located
in a deteriorated, unpleasant, or potentially hazardous area; nor near
uncontrolled sources of insect and rodent breeding.
b) Each facility shall be located in or near a community which
can provide the necessary supportive services for the facility such as
physicians' services, medical facilities, public utilities, or other acceptable
substitutes; and be located on a well-maintained, all-weather road.
c) Each facility shall be located in a section of the community
conveniently accessible to reach public transportation, parks, churches,
shopping and other community resources which will be beneficial in the
residents' training program toward independent living.
d) Each facility shall be served by a potable water supply with
water pressure and volume that is acceptable to this Department.
e) The distance from the fire station, the accessibility of the
facility, and capability of the fire department must be approved in writing by
the Office of the State Fire Marshal.
f) Each facility shall have at least one (1) municipal or private
fire hydrant, located within three hundred (300) feet of the building and
satisfactory for use by the equipment of the fire department serving the
building, or have an acceptable equivalent. Additional hydrants may be required
if needed to properly protect the residents from fire hazards.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2650 ADMINISTRATION AND PUBLIC AREAS
Section 370.2650
Administration and Public Areas
a) Facilities for the physically handicapped (public, staff)
shall be provided in administration and public areas if these are located
within the facility.
b) Each facility shall be provided with sufficient space for
clerical, financial and managerial functions.
c) Each facility shall be provided with a toilet room with a
water closet and lavatory for staff and visitors.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2660 BEDROOMS
Section 370.2660 Bedrooms
a) Each single bedroom used for a resident shall have at least
seventy (70) square feet of usable net floor area, not including any space
taken up for closets, wardrobes, bathrooms, and clearly definable entryway
areas.
b) Each multiple bedroom used for residents shall have for each
resident housed in the room at least sixty (60) square feet of usable floor
area. Usable area does not include any space utilized for closets, wardrobes,
bathrooms, and clearly definable entryway areas. Maximum room capacity shall
be two (2) residents. There shall be a three (3) foot minimum distance between
beds.
c) Resident bedrooms shall have an entrance directly off an exit
corridor or may be part of an apartment suite (bedrooms, toilet, living/dining
room and residential kitchen) having an entrance to an exit corridor.
1) Entrance door to an apartment suite or a resident bedroom
shall swing into the room.
2) No room that opens into a central kitchen or necessitates
passing through a central kitchen shall be used as a resident bedroom.
d) Each room used as a resident bedroom shall have at least one
(1) outside window, and a total window area to the outside equal to at least
one-tenth (1/10) the floor area of the room.
e) Each bedroom shall have adequate and satisfactory artificial
light.
f) Each resident shall have access to a toilet room.
g) A closet or wardrobe of at least four (4) square feet shall be
provided for each resident.
h)
1) Each bedroom floor shall be no more than three (3) feet below
the adjacent ground level.
2) Each below grade bedroom shall be designed to maintain a dry
and comfortable environment.
i) The furniture in the room shall be so arranged, even if it
reduces the bed capacity of the room, so that the bed, bedside stand and chair
for each resident will be reasonably well arranged.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2670 NURSES' STATION
Section 370.2670 Nurses'
Station
A nurses' station is not a
requirement, but provision for twenty-four (24) hour staff supervision shall be
provided within each unit. (See Subpart D)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2680 BATH AND TOILET ROOMS
Section 370.2680 Bath and
Toilet Rooms
a) Provide a minimum of one (1) water closet, one (1) lavatory
and one (1) bathtub or shower for each sex on each floor occupied by residents.
1) Provide bathroom fixtures in the following minimum numbers.
The number of resident beds shall be used in determining the number of bathroom
fixtures required, irrespective of the fact that some of the beds may not be
occupied.
2) Provide one (1) lavatory and one (1) water closet for each six
(6) resident beds on each floor.
3) Provide one (1) bathtub or shower for each eight (8) resident
beds on each floor, which is not otherwise served by bathing facilities
adjacent to the resident room.
b)
1) Each tub or shower shall be in an individual room or enclosure
which provides space for the private use of the bathing fixture, and for drying
and dressing.
2) Showers shall be at least 3'-0" square.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2690 LIVING, DINING ROOM, AND ACTIVITY ROOM(S)
Section 370.2690 Living,
Dining Room, and Activity Room(s)
a) These rooms shall be so located that the room is not an
entrance vestibule from the out-of-doors, nor an obstruction to traffic in and
out of the facility.
b) Living Room
1) Provide at least one (1) comfortably furnished living room on
each floor.
2) The minimum floor space for a living room shall be eighty (80)
square feet. The living room shall have a total window area of at least
one-tenth (1/10) the floor area.
c) Provide a dining room with sufficient area to properly and
comfortably seat the residents it serves.
d) The combined area of the living, dining, and activity rooms
shall be not less than fifteen (15) square feet per resident bed.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 370
COMMUNITY LIVING FACILITIES CODE
SECTION 370.2700 KITCHEN
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