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HomeMy WebLinkAbout1971-06 05-24 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 71 -6 AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF NURSING HOMES AND BOARDING CARE HOMES, REQUIRING A LICENSE TO OPERATE SUCH FACILITY, AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF SUCH FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 23 of the City Ordinances is hereby amended by the addition of the following: Section 23 -1400. STATEMENT OF POLICY. The City Council deems it necessary to the welfare of the community that nursing homes and boardina rare bumps be reaulated and licensed locally to promote the highest levels of en vironment, healthcare, and safety and to preserve the dig of resident - patients thereof. It is the intention of this ordinance to sutapldment the Minnesota Regulations for Nursina Homes and Boardinq Care Homes. Section 23 -1401. ADOPTION OF MINNESOTA BOARD OF HEALTH REGULATIONS FOR NURSING HOMES AND BOARDING CARE HOMES. These documents, 3 copies of which are on file in the office of the City Clerk, being identified as Sections 10551 throuah 10619 of Article V (1963) edition of the Minnesota Department of Health. Reaulations for Nursina Homes and Boardinq Care Homes are hereby adopted by reference and all terms of said reaulations are made a part of this ordinance as if fully set forth herein. Section 23 -1402. ADOPTION OF MINNESOTA FIRE SAFETY CODE FOR NURSING HOMES AND BOARDING CARE HOMES. Those documents, 3 cop_ ies of which are on file in the office of the City Clerk, identified as Article I, Chapter 3. Title IV of the State Fire Code entitled "Fire Safety Code for Nursing Homes and Boardina Care Homes" 1959 edition. are hereby adopted by reference and all terms of said code are made a part of this ordinance as if fully set forth herein. Section 23 -1403. LICENSE REQUIRED. It shall be unlawful for any person, partnership, association, or corporation to conduct, operate or maintain or permit to be conducted, operated or maintained or to participate in the conduct, maintenance, or operation of a nursina home or a boarding care home within Brooklyn Center unless the City Council has issued a valid license therefor which is in full force and effect. Section 23 -1404. APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the City Council through the City Clerk in such form and manner as the City Clerk may prescribe. Ordinance No. 71-6 • Section 23 -1405. INVESTIGATION ON RECEIPT OF APPLICATION. Upon receipt of an application for a license hereunder, the City Manager shall seek to verify the information submitted in the application and cause an investi- gation to be made of the app_ licant's backaround and experience, including a review of any other such facilities develop_ ed or op_ erated by the applicant in the State of Minnesota. Section 23 -1406. ISSUANCE OF LICENSE. The City Council may issue a license to operate a nursing home or a boarding care home to an applicant who possesses a valid license issued by the Minnesota Health Department and who demonstrates potential ability to adequately operate a nursing home or boarding care home and who is or will be adequately equipped to conduct, operate and maintain facilities that conform to the requirements of this ordinance. The license, when issued, shall desianate the maximum number of resident - patients to be accommodated within the nursing home or boarding care home and this maximum shall at no time be exceeded. Licenses shall not be trans- ferable either as to place or person. Section 23 -1407. LICENSE EXPIRATION AND RENEWAL. All licenses issued under this ordinance shall expire on December 31 of each year. License renewal applications shall be filed with the City Clerk prior to • December 1 st of each year. • Section 23 -1408. LICENSE FEES. The fee for a nursina home or boardina care home license shall be $35.00 Per year for those with less than 50 beds and $50.00 per year for those with 50 or more beds. Section 23 -1409. RESIDENT RECORDS REQUIRED. Every licensee hereunder shall provide and maintain a record setting forth the following facts concernina each resident - patient received, cared for, or accommodated: Name. last previous address; aae; date of admission; next of kin; name and address of the person responsible for the care and maintenance; name of resident - patient's attendina physician. all written or verbal orders of the resident - patient's attendina physician and the date on which such orders were given; date of discharge or death; cause of death. Section 23 -1410. RECORD OF EMPLOYEES. Every licensee shall maintain a continuous record setting forth the following facts concernina each nurse. attendant, or other employee: Name; aae; date employ- ment beaan in the licensed nursina home or boardina care home; present and last previous address; name and address of employers during the preceding five year period; position and duties, if employed as a nurse, date and number of State regis- tration; date employment terminated; reason for termination. Such record shall be . open to inspection by the City Manager or his representative. S Ordinance No. 71 -6 Section 23 -1411. LICENSE REVOCATION. • Following reasonable written notice and opportunity for a licensee to appear before the City Council to be heard, the City Council may revoke or suspend any license issued hereunder if it is determined: that the licensee has failed to comply with the requirements of this ordinance: that the licensee has failed to comply with the requirements of other applicable city ordinances; that the licensee perpetrated fraud or misrepresentation in obtainina the license or in keeping the required records: that the licensee engages in, or permits, conducts or practices detrimental to the welfare of the resident - patients. Upon suspension or revocation of a license, it shall be unlawful for the licensee to thereafter accept new resident - patients until such time as the license_ may be restored. License revocation or sus- pension may be invoked in addition to any other penalties provided by law. Section 23 -1412. ADMINISTRATION AND ENFORCEMENT. The terms and provisions of this ordinance shall be administered and enforced by the City Manaaer and those he authorizes as his representatives. Section 23 -1413. STANDARDS OF CONSTRUCTION, OPERATIONS, AND MAINTENANCE. Subdivision 1. Location and Site A. Nursing care and boarding care homes must be located in appropriate zoning districts as comprehended by Chapter 35 of the City Ordinances. • B. Nursing homes and boarding care homes located in R -2, R -4 or R -5 zoning districts must conform to relevant pro- visions of Chapter 35 of the City Ordinances and to subdivisions 1 through 5 of Section 35 -410 of the City Ordinance s. C . Nursing homes and boardina care homes located in C -1 or C -la zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and subdivisions 1 through 5 of Section 35 -411 of the City Ordinances. D. Site landscaping for nursing homes and boarding care homes shall include 6 inch diameter or laraer trees (as measured 4 feet above the around line) to the extent of one such tree for each fourteen beds or portion thereof. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. E. Nursing home and boarding care home site density shall not exceed 50 beds per acre. Ordinance No. 71 -6 S ( ection 23 -113 continued) F. Nursi na home and boarding care home site open space shall be provided and developed in a manner so as to encourage the safe and secure use by resident - patients of the facilities. Subdivision 2. Required Characteristics of the Physical Plant A. Resident - Patient Use Areas (1) Resident - patient rooms. a. At least 85% of resident - patient beds shall be in rooms containing no more than two beds per room. Any other resident - patient beds shall be in rooms containing four beds per room. b. The minimum resident - patient room area exclusive of closets. toilet rooms, lockers, wardrobes, etc. shall be 100 square feet per bed. c. The minimum window area in a resident - patient room shall be 15 square feet per bed, with the sills not more than 2 feet 6 inches above the floor. d. A privacy device (cubicle curtain or equivalent) shall be provided for each bed in a resident - patient room. e. An electrical call system signaling device shall be provided conveniently at each bed to summon attendants. . (2) Resident - patient toilet and bathroom facilities. a. At least one toilet room shall be provided for each • four beds. Toilet rooms shall be directly accessible from each resident - patient room without going through a general corridor. b. Doors to resident - patient toilet rooms shall be a minimum of three feet wide to permit maneuvering of wheel chairs. c. Resident - patient water closets must have grab bars and must be conveniently usable by wheel chair resident - patients. d. Non -skid floor surfaces shall be provided. e. An emergency call system signaling device shall be conveniently located in each resident - patient toilet and bathroom. f. A central shower or a freestanding tub (the sides of which are not coincident to a wall) shall be provided for each twenty resident - patient beds. (3) Dav -room lounges. a. Resident - patient day -room lounge space shall be provided remote from main entrances to the building and on each floor of the facility to the extent of 20 square feet per resident - patient bed on the respective floor. Ordinance No. 71 -6 • Subdivision 2. (continued) A. (4) Dininq Room s. a. Resident - patient dining rooms shall be provided in addition to day -room lounges. (5) Physical maintenance therapy rooms. a. In nursing home facilities containing 150 or more beds, Physical maintenance therapy rooms shall be provided and equipped. (6) Occupational therapy rooms. a. In facilities containing 150 or more beds, an occupational therapy room shall be provided and eauipped. B. Nursinq Station Area. (1) At least one nursing station shall be provided for each 60 beds or fraction thereof on each floor of the facility. (2) Each nursing station shall have proximate to it a "clean" work room containing nursing and medical supplies and a sink and work counter. (3) Each nursing station shall have proximate to it a soiled • work room containing a clinical sink, a work counter, - • waste receptacles and soiled linen receptacles. (4) Nursing stations shall be conveniently proximate to staff toilet and hand wa shina facilities. C. Support Services Areas. (1) Food Service. a. Kitchen facilities shall be located for convenient handling of incoming food supplies, serving of meals and disposing of food wastes. b. Equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, durable. in good repair, easily accessible for cleaning, non - toxic, corrosion resistant and relatively non - absorbent. c. Traffic other than food handlina operations shall not be permitted nor encouraaed by design layout to pass through the kitchen facilities. (2) Laundry Facilities. a. A soiled linen room shall be provided proximate to the laundry processinq room and shall be vented to the outside. b. A clean linen room shall be provided proximate to the laundry proce s sing room. t Ordinance No. 71 -6 C. (continued) • (2) c. A laundry processing roce s sing room containing commercial -type equipment shall be provided unless laundry is processed outside the facility. d. The design layout must discourage mingling of soiled and clean items through all stages of processing. (3) Maintenance and housekeeping facilities. a. Space shall be provided on each floor of the facility for a ventilated ianitor's closet. b. janitor's closets shall contain a service sink with hot and cold water. c . A refuse room shall be provided convenient to the service entrance. (4) General storage. a. A minimum of 10 square feet of floor area per bed shall be provided in convenient storage spaces for wheel chairs, walkers, stretchers, resident's personal . belongings, extra beds, mattresses and frames, facilities maintenance equipment, etc. D. Administration Areas. (1) A business office area shall be provided for record maintenance and storage and for central administration of the facility. (2) A lobby area shall be provided for the reception of visitors (separate from resident - patients' day -room) and shall include adjacent public toilets. (3) Emplovee locker rooms shall be provided for storage of employee personal effects and shall include toilet and hand washing facilities. E. Connecting Passaqeways. (1) Corridors. a. Corridors used by resident - patients shall be at least eight feet wide. b. No doors shall swing into a corridor used by resident - patients except corridor closet doors, or fire exit doors. c.. Hand rails with ends turned to the wall shall be provided on both sides of corridors used by resident - patients. There shall be a clear distance of 1 -1/2 inches between hand rails and wall. Ordinance No. 71 -6 E . (continued) . (1) d. Such items as drinking fountains, telephone booths, and vending machines shall be located such that they do not prof ect into the required width of corridors. e. Thresholds and floor expansion ioint covers shall be flush with the floor. (2) Stairways and elevators. a. Stairways shall be at least 3 feet 8 inches wide and shall be equipped with hand rails with ends returned to the wall. b. Stairway doors shall open on landings, not on steps. C. At least one hospital- elevator (large enough to accommodate a resident - patient on a stretcher and an attendant) shall be installed where 1 to 59 resident - patient beds are located on any floor other than the first floor, or where resident - patient facilities are located on a floor other than those containing the resident - patient beds. At least two elevators, one of which shall be hospital -type, shall be installed where 60 to 200 resident - patient beds are located on floors other than a first floor. At least three elevators, • one of which shall be hospital -tvpe, shall be installed where 201 to 350 resident - patients are located on floors other than the first floor. (3) Exits. a. The distance from resident - patient rooms, or areas in which resident- patients may congregate, to the nearest exit shall not exceed 100 feet. b. Exits and exit routes shall be clearly marked with continuously luminated signs. Subdivision 3. General Requirements. A. A fire sprinkler system shall be installed to serve all spaces in nursing homes and boarding care homes hereafter erected. B. Floor covering shall consist of carpetina in resident- patient rooms,, resident -used corridors, day -room lounges, and reception lobby. C. Ceilings shall be acoustically treated in resident - patient rooms, corridors, day -room lounges, dining rooms, and reception lobby areas. r D. Effort should be made in building design and operation to provide separate areas for classifications of resident - patients requiring distinctively different levels of care. Ordinance No .71- 6 Subdivision 3. (continued) • E. Interior colors shall be selected which will tend to induce feelings of relaxation and cheerfulness. Monotonous and sterile color schemes shall be avoided. F. An emergency electric generating set shall be located on the Premises and shall be designed to automatically provide emergency electric power to the essential elements of a 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 liahtina and a bed reading light shall be Provided with control conveniently located for the resident - patient. The following minimum liahtina shall be provided: (1) Resident - patient room general -- 10 foot candles. (2) Resident - patient reading -- 30 foot candles. (3) Toilet and bathina rooms -- 20 foot candles. (4) Day -room lounges -- 30 foot candles. (5) Dining rooms -- 30 foot candles. (6) Physical therapy -- 20 foot candles. (7) Corridors -- 10 foot candles. • (8) Stairways -- 20 foot candles. y (9) Doorways -- 10 foot candles. (10) Nursina stations -- 20 foot candles. (11) Utility rooms -- 20 foot candles. (12) Administrative and lobby areas -- 30 foot candles. (13) Kitchen -- 30 foot candles. (14) Laundry rooms -- 30 foot candles. H. 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 established: MINIMUM TOTAL AREA AIR CHANGES PER HOUR Resident - patient room 4 Corridors 4 Toilet rooms 10 Bathroom 10 Day -room lounges 6 Dining rooms 6 Physical therapy rooms 6 Nursing station rooms 4 Soiled linen rooms 10 Laundry processing room 10 Kitchen 10 Administration and lobby areas 4 I. Air temperature and humidity within the resident - patient use areas of the facility shall be maintained within a rang_ a of 73 degrees fahrenheit to 90 degrees fahrenheit and 20% to 60% relative humidity. Ordinance No. 71 -6 Subdivision 3. (continued) • 1. At least one attendant shall be on duty at all times for every thirty residents, or fraction thereof, located on each floor of the facility. Section 23 -1414. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or Dart to the extent that if any section, provision or hart of the ordinance shall be held invalid, such holdings shall not invalidate any other section, Provision, or part thereof. Section 23 -1415. SUPREMACY. When any provision of this ordinance is either more stringent or less stringent than similar provisions of Minnesota law or Minnesota Agency regulations herein adopted by reference, the more strinaent 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 three hundred dollars ($300.00) and by imprisonment not to exceed ninety (90) days. Each day that a violation exists shall constitute a separate offense. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 24th day of May 19 1. ' Mayor ATTEST: --a . - C ler Published in the official newspaper April 29 19 Effective date May 30, 1971 (Brackets indicate matter to be deleted and underline indicates new matter)