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HomeMy WebLinkAbout1987-12 08-20 AP CIt* 00 BROOKLYN CENTER '2, BROOKLYN CENTER POST Notice ij hereby given that p public" I� hearing will be held on the lst day of September, 1997, at 630 e p.m. at City.' AFFIDAVIT OF PUBLICATION Hall, 1 Shingle Creek k Parkway, to' con r g, amendment Chapter r- 23 ^garding Nursing Homes -and Boar g Care Homes and a Housekeeping range to Section 23.901. Auxiliary aids for handicapped ,persons are available,upon request at least 96 hours In advance. Please con- tact the Personnel Coordinator at STATE OF MINNESOTA 561 -5440 to make arrangements. SS. ORDINANCE 12. COUNTY OF HENNEPIN AN ORDINANCE AMENDING CHAPTER 23 REGARDING NURSING HOMES AND BOARDING CARE HOMES AND A HOUSEKEEPING CHANGE' TO SELECTION 23 -901 THE CITY COUNCIL. OF THE CITY ,OF BROOKLYN CENTER DOESORDAINASFOLLOWS: Section 1. Chapter 23-901 is hereby` Gary E. L'Herault, being duly sworn, on oath says That he is the I&VIII11101i of the Newspaper known as the BROOKLYN amended as follows: CENTER POST, serving the CITY OF BROOKLYN CENTER, and has full knowledge of the facts which are stated Section 23 -901. LICENSE RE-' below: QUIREMENTS. Any person, firm or Corporation desiring to place and (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as maintain one or more Courtesy ben- provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. for the convenience of persons', .waiting for street cars and buses at tt any place in the City of Brooklyn Cen- X ter, upon the ,public streets of the (B) The printed City, may be granted a license. therefor upon the following condi- 'tions: e. All licenses shall expire as of r the 1st day of January next following `the date of issuance thereof, unless` renewed. At least thirty (30) days' .prior to the expiration of any license,` which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ,the holder may make written applica- lion for renewal thereof,. accompanied'. 4 ,by the (seven dollar ($7)1 .license fee. successive weeks; it was first published on d.- ,the day Of in an amount as set forth by City F Council resolution, If plans and speci ij 'fications of the bench, Or advertising .and was thereafter p y :matter, or location of -the bench, are'. 19 printed and published on ever not to be changed, the application. for !renewal shall be sufficient if the ap- plieant gives his name and address,' to and including the day of 9 l and the location and number of The' and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be' 9ench for which renewal license is ing the size and kind of type used in the composition and publication of the notice: .lesired. If the original consent of the owner of the land or lessee upon the abcdefghijklmnopgrstuvwxyz premises abutting that portion of the 'stree where the bench is located:: granted to the license holder the con firming right to maintain such bench, the application may So state and renewed consent shall not be re `quired Section 2. Chapter 23 of the City!. BY:'" ..Ordinances is hereby amended by the ;.repeal of the following; NURSING HOMES AND BOARDING t CARE HOMES TITLE: (Section 23 -1400.' STATEMENT (i OF POLICY. The City Council deems, Subscribed and sworn to before me on tt lit necessary to the welfare of The': community that nursing homes andq boarding care homes be regulated, t and licensed locally to promote the th,_'" day of highest levels of environment, health' care, and safety and to preserve the dignity of resident patients thereof, It is the intention of this ordinance to ,supplement the Minnesota'Regula- Notary Public Tions for Nursing Homes and Board I ing tare Homes. !Section 33.1401. ADOPTION OF MINNESOTA BOARD OF HEALTH" REGULATIONS FOR NURSINGt HOMES AND BOARDING CARE HOMES. These documents, three copies of which are on file in the office: of the City .Clerk, being idenified as Sections IOW through 10619 of Article`: V (1963) edition of the Minnestoa De RATE INFORMATION partment of Health. Regulations for Nursing Homes and Boarding Care Homes are hereby adopted by refer (1) Lowest classified rate paid by commercial users for com- ence and all terms of said regulations parable space. Line) are made a part of this ordinance as if fully set forth herein. (Section 23 -1402, ADOPTION OF (2) Maximum rate al lowed by law for the above matter. MINNESOTA FIRE SAFETY CODE (Line) FOR NURSING HOMES AND o BOARDING CARE HOMES. Those (3) Rate actually charged for the above matter. documents, three copies of which are (Line) on file in the office of the City Clerk, being identified as Article I, Chapter 3, Title lv of the State Fire Code en titled "fire' Safety. Code for Nursing.' Homes and Boarding Care Homes 1959 edition, are hereby adopted by :reference and all terms of said code are made apart of this ordinance as if fully set forth herein. No. Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1�1 [Section 23.1403. LICENSE RE- dent- patients. Upon suspension or I. A central shower or 'a p; "RdministraTiOnAreas. QUIRED +t shall be unlawful for any revocation of a license; it shall be, freestanding tub (the sides 1. A business office are& shall be .person, partnership, association, or unlawful for the licensee to thereafter of which are not coincident provided for record maiMen- corporation to conduct, operate or accept new resident patients until to a wall shall be provided once and storage and for cen- maintain or permit to be conducted; such time as the license may be for each twenty resident= tral "adminstration of the facili operated, or maintained or to par restored. License revocation: or patient beds. ty ticipate in the conduct, maintenance, suspension may be invoked in addi- 3. Day-room lounges. 2, A lobby area shall be provided or operation of a nursing home or a tion to any other penalties provided a. Resident patient day-room for the reception of visitors boarding Care 11ome WiWn. Brooklyn by law. lounge space shall be pro (separate from r e s t t enter unless the Clty Councll has [Section 23 -1412. ADMiNISTRA- vided remote from main en dent- patients' day r oom) and issued a valid license therefor ,which TiON AND ENFORCEMENT. The. trances to the building and shall` include adjacent public is in full force and effect. terms and provisions of this ordi on each floor of the facility toilets. r" (Section 23 -1404. APPLICATION nance shall be administered and en- to the .extent of 20 square 3. Employee locker rooms shall_ FOR LICENSE. Application for a forced by the City Manager and those feet perresident- patient bed be rovided. for storage of em- license hereunder shall be submitted he authorizes as his representatives. on the respective floor. p ployee personal effects and to the City Council through the City [Section 23 -1413. STANDARDS 4. Diningrooms. shalt include toilet and hand' Clerk in such form and manner as the OF CONSTRUCTION, OPERA a. Resident- patient dining washing facilities Cit lerknla TIONS;ANDMAINTENANCE. rooms shall be provided in E.tonnectingPassageways. Subdivisionl. Location and Site addition To day room 1. Corridors. A. Nursing care and boarding care lounges: a. Corridors used by resident" ti�. L*6 recelpt Waif 41*10atlait homes must be located in ap- 5. Physical maintenance therapy- patients shall be at least for a 'license hereunder, the C y propriate zoning districts as com rooms. i9htfeeiwide, Manager, e shall seek to verify the in• orehended by Chapter 35 of the a. In nursing home: facilities b, eight feet shall swing Into a fotmation submitted in the applica- City Ordinances. containing 150 Or More beds, corridor used by resident',. physical and cause an investigation to be "B. Nursing homes:and boardjng physical maintenance them patients except corridor: made of -the- applicant's background homes: located in :R2,-R4 orR5 zon apy rooms shall be Pro vided. closet doors,. or fire. exit and experience, including a review of Ing diWt6fS Must conform'* rot*' and equipped. doors. any other such facilities developed or vent provisions of Chapter 35 of the 6. Occupational therapy rooms. c Handrails with ends turned operated by the applicant in the State City Ordinances and to subdivis- a. In facilities containing 150 or. to the wall shelf be provided: of Minnesota. ions f through 5 o Section 35 -410 of more beds, an occupational on `:b sides of corridors` [Section 23 -1406. ISSUANCE OF the City Ordinances. therapy room shall be pro used by resident patients.' LICENSE. The City Council may C. Nursing homes and boarding care video and equipped. There shalt be a clear issue a license to operate a nursing homes located in Cl or CIA zoning B. Nursing station area distance of 1.1/2 inches be- home or a boarding care home to an districts must conform to relevant 1, least one nursing station tweenhandraits and Wall. applicant who possesses "a valid prOVlsonsof Chapter 35af;the Ci shalt be provided for each 60 d. Such items as drinking foun- license issued by the Minnesota- t beds or fraction thereof on each tains, telephone booths, and Health Department and who demon- fig"ofthefacility. strates potential ability to adequately City In as. <4 2. Each nursing station shall have lean" work t a c operate a "nursing home or boarding D. Site landscaping for ?ftilrtitW', proximate to i i care home and who is or will be ade- homes and boarding care loom room containing nu sin k and and wiatllofctwrid0ts quately equipped to conduct, operate shall include six inch diameter or medical supplies and a sin a TlNefhotfM afW fla0r and maintain facilities that conform larger trees (as measured four work counter. tOVara d= to the requirements of this ordinance. feet above the ground line) to the 3. Each nursing station shall have Slue The license, when issued, shall desig- extent of one such tree for each proximate to it a "soiled" work flus Eleva urs. r, nate the maximum number of rest- fourteen, beds or portion thereof: room containing a. clinical sink, 2. a. Stairways airways shall ha dent- patients to be accommodated Tree species' shall be long- lived. a work counter,.: waste recep- a. Stlt b be at least l feet 6 inches wide and shalt within the nursing home or boarding hardwood. Six inch and larger tacles and soiled linen recep- be equipped with handrails: care home and this maximum shall at trees existing on the site may be "tacles.. no time be exceeded. Licenses shall credited toward this requirement. 4. Nursing stations shall be con- with ends returned to the not be transferable either as to place E. Nursing home and boarding care veniently proximate to staff Wall. or person. home "site density shall not exceed toilet and handwashing" facili b. Stairway doors than open on [Section 23 -1407. LICENSE EX- 50 beds per acre. hospita l eleva ties. Iartding5,noto PIRATION AND RENEWAL. All F. Nursing home and boarding care C. Support Services Areas. c. At least one hospital licenses issued under this ordinance home site open 5pace shalt be pro- 1. Food Service. for (large enough to ac shall expire on December 31 of each vided and developed in a. manner a. Kitchen facilities shall be c o m m o d a t e o resi-, located for convenient hart de t pantienit 6 a ant) shall stretcher year. License renewal applications so as To encourage the safe and s hing of incoming food up Shall be filed with the City Clerk prior secure use by resident- patients of t- installed where 1 to, 59 resi to December I of each year, the facilities. p lies; serving of meals UP den patlertt beds are located [Section 23 -1406. LICENSE Subdivision 2. Required Charac- disposing of food wastes. FEES. The fee for a nursing home or teristics of the Physical. Plant b. Equipment and utensils on any floor other than the boarding care home license shall be A. Resident Patient Use Areas shall be so designed and of first ffo0r'; where" rest- asset forth by City Council resolution. 1 Resident patient rooms such m a t e r i a l and _dent-patient facilities are to [Section 23 -1409. RESIDENT a. At least 85% of resident-. workmanship as to be f� tMatfloor d me r RECORDS REQUIRED. Every patient beds shall be in smooth, easily cleanable, durable, in good repair, eas t hose dent-patient beds. h least licensee hereunder shall p rovide and rooms containing `no more dura, e two elevators, one of which' maintain a. record setting forth the than two beds per room. Any ily accessible. for cleaning, trot type shall. nontoxic, corrosion resistant shall be hose following facts concerning each rest- other b in resident-patient bang and relatively nonabsorbent: be installed where "60 to 200. dent-patient cco mo received, cared or shall be to rooms containing c Traffic other than food han- resident-patient beds are to accommodated: Name; Iasi previous four bedsperroom. dling operations shall not fYSt leas three address; a age; n d of admission; next b.. e t minimum oarea rest rmitted no encouraged by of kin; and address of the per- patient room area exclusive pe Son responsi ble for the care and of closets, toilet rooms, design layout to pass evators, one of which shall maintenance; name of resi- lockers, wardrobes, 'etc. through the kitchen facili be hospital type, shall be in stalled where 201 to, dent-patient's ritte ator ve attending physician; all shall be X100 square feet per ties, dent- patients are loc350 rest written or verbal. orders of_the rest- bed. 2 LaurKlryFacitities ated on dent patient's attending physician c. The minimum window area a. A moiled linen room shall be floors other than. the first and the date on .which such orders in a resident- patient room provided proximate to the floor. were :given; date of discharge or shall be 15 square feet: per laundry processing room 3. Exits• death; cause of death, bed,. with the sills not more and shall be vented to the a The distance from resi [Section 23- 1410. RECORD OF than two feet six inches outside. dent- patient rooms, or areas EMPLOYEES. Every licensee shall above the floor. b. A clean linen room shall be in which reside eside -patients maintain a continuous record setting d. A privacy device (cubicle provided proximate to the n arest gate, not he forth the following facts concerning curtain or equivalent) shall laundry processing room. each nurse; attendant, or other a be :dent processing room ceed100feet. for each bed to a c. A laundry pr plOYee;'name; age; date employment ni resident -p-pa atientroom. containing commercial -type b. Exits and exit routes shall began in the licensed nursing home or e. An electrical call: system equipment shall be provided be clearly marked with con-: unless laundry is processed tinuouslyluminated signs. boarding care home; present and lasts signaling device shall be outsitlethefacility. Subdivision 3. %General Require :previous address; and address .provided conveniently at of employers during the preceding- each bed to summon atten- d. The design layout .must ments. five year period; position and duties; dents. discourage mingling of "soil: A. A fire sprinkler system shall be clean to s all spaces In if employed as. a nurse, date and 2. ed and ea n items through inst Resident patient toilet and ed and I l processing. installed h om e s se d boarding care. number of State registration; date bathroom facilities. employment terminated; reason for a. At least one toilet room shall 3. Maintenance and Housekeeping B homes hereafter n fdconsist of termination. Such. record shall be be provided for each four Facilities. open to inspection by the City Man beds: Toilet rooms shall be a. Space shall be provided on carpeting in rest dent patient ager or his representative. directly accessible from each floor of the faciityfora rooms, "reside es, and recept d t recept [Section 23.1411. LICENSE each resident patient room ventilated i anitor's closet. dayroom lounges, ion' REVOCATION. Following reasonable without going through a b. Janitor's closets shall son- lobby. Written notice and opportunity for b tain a service sink with not C. Ceilings shall be acoustically, generatcOrridw:. treated cold water. d to resident- patient rooms, licensee to appear before the City. b. Doors to resident- patient and Council to be heard, the City Council= toilet rooms shall be a min c. A refuse room shall be pro corridors, day-room touges, dining' may revoke or suspend any license imum of three feet wide to vided convenient to the rooms, and reception lobby areas. issued hereunder if it is determined;' viceentrance. D. Effort should be made in building permit maneuvering of design %and operation to provide that the licensee meats of failed to comply' wheelchairs 4: General Storage. with the requirements of this ordi c. Resident water a. A minimum of lO square feet separate areas for classifications of floor area ,.Per bed shall be. of resident-patieni requring nonce; that the licensee has failed to closets must have grab bars p rovided in convenient distinctively ,different levels Of comply with the requirements of and must be conveniently P other applicable City ordinances; that usable` by wheelchair rest storage; space for care. the licensee perpetrated fraud or :dent- patients. wheelchairs, walkers, 'stref E. Interior colors Snell be selected" chers, resident's personal which will tend to induce feelings: misrepresentation in obtaining the d: bepro Nonskid ed. surfaces shall belongings, extra beds, mat of relaxation and cheerfulness. lic or in keeping the required re- r An emerge tresses and frames, facilities Monotonous and sterile color cords; that the It or p engage d i e. signaling emergency call system maintenance equipment,etce schemesshaltbeavoided- permits, conducts or practices detrt- signaling device shall- be mental to the welfare of the resi- conveniently located in each resident- patient toilet and bathroom. F. An emergency *electric generating set shall be located on the premises and shall be designed to automatically provide emergency relectric power to the essential elements of nursing home in the event of an interruption of normal electric supply. G. Resident- patient rooms shall have provisions for night lighting as well as general lighting and bed reading light shall be provided with control conveniently located for the resident-patient. The fol• lowing minimum lighting shall be provided: 1.:. Resident-patient room' general--10 foot candles 2, Resident patient reading -30 foot candles 3. Toilet and bathing rooms -20 footcandles 4. Day-room lounges -30 foot candies 5 Dining rooms -30 foot candles 6. Physical therapy ,rooms -20 foot candles 7. Corridors -10 foot candies 8. Stairways -20 foot candles 9. Doorways -10 foot candles 10. Nursing stations-20 foot can dies 11. Utility r._..... 10 foot candies -11, Asministrative- and lobby areas'- 30footcandies 11 Kitchen-- 30 foot candles 14.: Laundry rooms --30 foot can- dles N; A ventilating system shall be so .designed and operated such that it removes dust, offensive odors, and excessive heat and moisture. The following minimum, values are es- tablished: Minimum Total Air Changes Par Hour AREA, Resident- patient room 4 Corridors 4 Toilet rooms 10 Bathroom 10 Day -room lounges 6 Dining Rooms 6 Physicatthereapy rooms 6 Nursing station rooms A Soiledlinenrooms 10 Laundry processing room 10 Kitchen 10 Administration and lobby areas 4 1. Air- temperature and humidity within the resident-patient use areas of the facility shall be main tained within a range of 73 degrees Fahrenheit to 90 degrees Fahren- heit and 20% to 60% relative hu- midity. J. At least one attendant shall be on duty at all times for every 30 resi. dents, or fraction thereof, located on each floor of the facility. (Section 23.1414. SEPARABILI- TY. Every section, provision, or .part Of this ordinance is declared separable from every other sec tion, provision or part to the ex- tend that If any section, provision or part of the ordinance shall be held invalid, such holdings shall not invalidate any other section, provision, or part thereof, (Section 23 -1415. SUPERMACY. When any of this ordi- nance ts either more stringent or less stringent than similar; peovi lions of "Minnesota law or "Min- nesota Agency regulations herein Adopted by reference, the more stringent provisions shall prevail. [Section' 23 -1416. PENALTIES. Whoever does any act or admits to do any act which constitutes a breach of this ordinance shall, upon conviction thereof by lawful authority,; be punished by a fine not to exceed seven hundred dot- tars ($700) or Imprisonment not to exceed ninety (90) ,days or both, together with the costs of prosecu- tion. Each day that a violation ex- ists shall constitute -a separate of-: fense.3 Section 3._ This ordinance shall become effective after adoption and upon thirty (30). days 'following kits legal publication:. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date (Boldface indicates new matter, brackets lI indicatematter -tobe deleted) (Published in Brooklyn Center Post August 20, 19117. 1