HomeMy WebLinkAbout1971-06 04-29 AP CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE REGULATING
THE OPERATION AND MAIN.
TENANCE OF NURSING HOMES
AND BOARDING CARE HOMES,
REQUIRING A PERATE SUCH FACILITY AND THE BROOKLYN CENTER POST
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF SUCH (A continuation of the Brooklyn Center Press)
FACILITIES
OF BROOKLYN COU CENTERE DOES AFFIDAVIT OF PUBLICATION CITY
OF BROKLY CENTER OES
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. STATE OF MINNESOTA
The City Council deems it necessary SS.
to the welfare of the community that COUNTY OF HENNEPIN
nursing homes and boarding care
homes be regulated and licensed
locally to promote the highest levels of
environment, healthcare, and safety
and to preserve the dignity of resident-
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been
patients thereof. It is the intention of the President of The Post Publishing Co., publisher and printer of the newspaper known as
this ordinance to supplement the THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
Minnesota Regulations for Nursing and has full knowledge of the facts herein stated as follows:
Homes and Boarding Care Homes. (1) Said newspaper is printed in the English language in newspaper format and in column and
Section 23 -1401. ADOPTION OF sheet form equivalent in printed space to at least goo square inches. (2) Said newspaper is a weekly
MINNESOTA BOARD OF HEALTH and is distributed at least once each week. (3) Said newspaper has 50 % of its news columns devoted to
REGULATIONS FOR NURSING news of local interest to the community which it purports to serve and does not wholly duplicate
HOMES AND BOARDING CARE any other publication and is not made up entirely of patents, plate matter and advertisements. (4)
HOMES.These documents, 3 copies of Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500
which are on file in the office of the copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation
City Clerk, being identified as Sections currently paid or no more than three months in arrears ands has entry as second -class matter in its local
10551 through 10619 of Article V (1963) post - office. (5) Said newspaper purports to serve the
edition of the Minnesota Department City of Brooklyn Center
of Health. Regulations for Nursing in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab-
Homes and Boarding Care Homes are lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of
subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject
hereby adopted by reference and all
terms of said regulations are made a to his direction and control during all such regular hours and at which time said, newspaper is printed.
part of this ordinance as if fully set (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
forth herein. newspaper has complied with all the foregoing conditions for at least two years preceding the day or
Section 23 -1402. ADOPTION OF dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
MINNESOTA FIRE SAFETY CODE Ifnnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
FOR NURSING HOMES AND
BOARDING CARE HOMES.- Those a notary public stating that the newspaper is a legal newspaper.
documents, 3 copies of which are on
file in the office of the City Clerk, being -
identified as Article 1, Chapter 3, Title i f
IV of the State Fire Code entitled
"Fire Safety Code for Nursing Homes further states on oath that the printed.::i.......:: :..:.......::..• .:.:..:......c...:.............
-
e
and Boarding Care Homes" 1959 .° .................................... ...............................
edition, are hereby adopted by
reference and all terms of said code
are made a part of this ordinance as if hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
fully set forth herein.
Section 23 -1403. LICENSE
REQUIRED. published therein in the English language, once each week, for..:... successive weeks; that it was
It shall be unlawful for any person, :
partnership, association, or cor
poration to conduct, operate or first so published on ....... ......,.:.:..._ ................ the.:: ..... day of..: ,...............
maintain or permit to be conducted,
operated or maintained or to par- 19.... and was thereafter rinted and published on ever y ..........................to and including
ticipate in the conduct, maintenance, _
or operation of a nursing home or a
boarding care home within Brooklyn the.......... day of .......................... 19.... and that the following is a printed copy of the
Center unless the City Council has
issued a valid license therefor which is
in full force and effect. lower case alphabet from A to `L, both inclusive, and is hereby acknowledged as being the size and
S e c t i o n 23 -1404. APPLICATION
FOR LICENSE.
Application for a license hereunder kind of type used in the composition and publication of said notice, to wit:
shall be submitted to the City Council
through the City Clerk in such form
and manner as the City Clerk may abcdefghijklmnopgrstuvwxyz -6 pt. Newstext
prescribe. abcdefghijklmnopgrstuvwxyz -7 pt. Excelsior
Section 23 -1405. INVESTIGATION abcdefghijlclmnopgrsfuvwxyz -7 /2 Memphis Bold
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 investigation to be made of the
applicant's background and ex-
perience, including a review of any
......... ..... ............................
.. .�.,.v:w:a•..L. .. ...
Other such facilities developed or
operated by the applicant in the State Subscribed and sworn to before
of Minnesota.
Section 23 -1406. ISSUANCE OF
LICE C ity Council may issue a license nu - this. • • • • • "" • • • •day of.. ..::. ...' .:................A.D., 19..`....
The } s
to operate a nursing home or a
boarding care home to an applicant .:,: • '
who possesses a valid license issued by ' : . . ... . . ... . . . . .... . • : . y ... : •,........... .
the Minnesota Health Department and
who demonstrates potential ability to
adequately operate a nursing home or (NOTARIAL SEAL)
boarding care home and who is or will
be adequately equipped to conduct,
operate and maintain facilities that Notary Public . ........................County, Minnesota
conform to the requirements of this
ordinance. The license, when issued,
shall designate the maximum number My Commission Expires ......... ................19......
of resident - patients to be ac-
commodated within the nursing home
or boarding care home and this
maximum shall at no time be ex.
ceeded. Licenses shall not be tran-
sferable either as to place or person.
No. ................
Affidavit of Publication
or
a Published in
tr� THE BROOKLYN CENTER POST
5617 Corvallis Ave. N.
Y MINNEAPOLIS, MINNESOTA 55429
DATE OF PUBLICATION
e
ATTORNEY
FILED
THE BROOKLYN CENTER POST �
11
I B. Nursing Station Area. --
tion 35 -411 of the City Ordi- (1) At least one nursing station d. Such items as drinking
nances. be provided for each 60 beds and v ending ins booths,
D. S i t e landscaping for nursing or fraction thereof on each and vending machines shall
m
care homes floor of the facilit be located such that they do
homes and boarding Y• not project into the required
shall include 6 inch diameter or (2) Each nursing station shall widtn a; :.orridors.
Section 23 -1407. LICENSE EX- larger trees (as measured 4 feet have proximate to it a "clean" e. Thresholds and floor expan-
PIRATION AND RENEWAL. above the ground line) to the ex- work room containing nursing sion joint covers shall be
All licenses issued under this or- tent of one such tree for each and medical supplies and a
dinance shall expire on December 31 fourteen beds or portion Thereof, sink and work counter.
of each year. License renewal ap- Tree species shall be long -lived (3) Each nursing station shall
plications shall be filed with the City hardwood. Six inch and larger have proximate to it a "soiled" flush with the floor.
Clerk prior to December 1st of each trees existing on the site may be work room containing a (2) Stairways and elevators.
year. credited toward this r e q u i r e- clinical sink, a work counter, a. Stairways shall be at least
Section 23 -1408. LICENSE FEES, ment. waste receptacles and soiled 3 feet 8 inches wide and
The fee for a nursing home or E. Nursing home and boarding care linen receptacles. shall be equipped with hand
boarding care home license shall be home site density shall not ex. (4) Nursing stations shall be rails with ends returned to
$35.00 per year for those with less than teed 50 beds per acre. conveniently proximate to the wall.
50 beds and $50.00 per year for those F. Nursing home and boarding care staff toilet and hand washing b. Stairway doors shall open
with 50 or more beds. home site open space shall be facilities. on landings, not on steps.
Section 23 -1409. RESIDENT provided and developed in a man- C. Support Services Areas. c. At least one hospital- eleva-
RECORDS REQUIRED. ner so as to encourage the safe (1) Food Service. for (large enough to accom-
Every licensee hereunder shall and secure use by resident -pa- a. Kitchen facilities shall be modate a resident - patient on
provide and maintain a record setting tients of the facilities. located for convenient hand- a s`retcher and an attend -
forth the following facts concerning Subdivision 2. Required Charac- ling of incoming food ant) shall be installed where
each resident- patient received, cared terisitcs of the Physical Plant supplies, serving of meals Ito 59 resident - patient beds
for, or accommodated: Name, last A. Resident - Patient Use Areas and disposing of food wastes. are located on any floor
previous address; age; date of ad- (1) Resident- patient rooms. b. Equipment and utensils other that, the first floor, or
mission; next of kin; name and ad- shall be so designed and of where resident - patient fa-
dress of the person responsible for the a. At least 85 per cent of resi- such material and workman-
rooms contain cilities are located on a floor
P Po dent- patient beds shall be in other than those containing
9
P than two beds per room.
care and maintenance; name of ship as to be smooth, easily
resident-patient's attending ing no more cleanable, durable, in good the resident - patient beds.
physician; all written or verbal orders A n y other resident - patient repair, easily accessible for At least two elevators, one
of the resident - patient's attending beds shall be in rooms con- cleaning, non - toxic, corro- of which shall be hospital -
physician and the date on which such taining four beds per room. sion resistant and relatively type, shall be installed
orders were given; date of discharge b non - absorbent. where 60 to 200 resident -
or death; cause of death. . The miniumum resident -pa- c. Traffic other than food patient beds are located on
tient room area exclusive floors other than a first
Section 23 -1410. RECORD OF of closets, toilet rooms, lock- handling operations shall not
EMPLOYEES. ers, wardrobes, etc. shall be be permitted nor encourag- floor. At least three eleva-
Every licensee shall maintain a 700 ed by design layout to pass tors, one of which shall be
c. The minimum window a
continuous record setting forth the square feet per bed. through the kitchen facili- hospital -type, shall be in-
rea
following facts concerning each nurse, in a resident ties. stalled w h e r e 201 to 350
patient
attendant, or other employee: Name; room shall be 15 square feet (2) Laundry Facilities. resident- patients are located
age, date employment began in the per bed, with the sills not a. A soiled linen room shall on floors other than the first
licensed nursing home or boarding more than 2 feet 6 inches be provided proximate to floor.
care home; present and last previous above the floor• the laundry processing room (3) Exits.
address; name and address of em- d. A privacy device (cubicle and shall be vented to the a. The distance from resident -
ployers during the preceding five year curtain or equivalent) shall outside. patient rooms, or areas in
period; position and duties; if em. be provided for each bed in b. A clean linen room shall which resident - patients may
ployed as a nurse, date and number of a resident - patient room. be provided proximate to the congregate, to the nearest
State registration; date employment e. An electrical call system laundry processing room. exit shall not exceed 100 feet.
terminated; reason for termination. signaling d e v i c e shall be c. A laundry processing room b. Exits and exit routes shall
Such record shall be open to inspection provided conveniently a t containing commercial -Type be clearly marked with
by the City Manager or his e a c h bed to summon at- equipment shall be provided continuously luminated
representative, tendants. unless laundry is processed signs.
Section 23 -1411. LICENSE (2) Resident - patient toilet and outside the facility. Subdivision 3. General Requirements.
REVOCATION. bathroom facilities. d. The design layout must A. A fire sprinkler system shall be
Following easonable written notice a. At least one toilet room
9
discourage mingling of soil- installed to serve all spaces in
and opportunity for a licensee to ap- shall be provided for each ed and clean items through nursing homes and boarding care
homes hereafter erected.
pear before the City Council to be four beds. Toilet rooms shall all stages of processing.
heard, the City ouncil may revoke or be directly accessible from (3) Maintenance and housekeep-
B. Floor covering shall consist of
y y each resident - patient room ing facilities. carpeting in resident - patient
suspend any license issued hereunder
if without going through a gen- a. Space shall be provided on rooms, resident -used corridors,
has s is determined: that the licensee failed to comply with the eral corridor. each floor of the facility for lobby. day -room lounges, and reception
requirements of this ordinance; that b. Doors to resident - patient a ventilated janitor's closet.
the licensee has failed to comply with toilet rooms shall be a mini- b. Janitor's closets shall con- C. Ceilings shall be acoustically the requirements of other applicable mum of three feet wide to tain a service sink with hot treated in resident - patient
city ordinances; that the licensee p e r in i 4 maneuvering of and cold water. rooms, corridors, day -room
wheel chairs. c. A refuse room shall be lounges, dining rooms, and recep-
perpetrated fraud or me or in provided convenient to the tion lobby areas.
cation in obtaining the license t service entrance. D. Effort should be made in build -
in c. Resident - patient wafer
keeping the required records; that the closets must have grab (4) General storage. ing design and operation to pro -
licensee engages in, t r permits, bars and must be el chair conducts or practices detrimental to iently usable by wheel chair a. A minimum of 10 square vide separate areas for classifi-
the welfare of the resident - patients. resident - patients. feet of floor area per bed cations of resident - patients re-
Upon suspension or revocation of a d. Non -skid floor surfaces shall be provided in con- q u i r i a g distinctively differ -
license, it shall be unlawful for the shall be provided, venient storage spaces for ent levels of care.
licensee to thereafter accept new e. An emergency call system wheel chairs, walkers, E. Interior colors shall be selected
resident- patients until such time as the signaling device shall be stretchers, resident's per- which will tend to induce feelings
license may be restored. License conveniently located in each s o n a I belongings, extra of relaxation and cheerfulness.
revocation or suspension may be in- resident- patient toilet and beds, mattresses and frames Monotonous and sterile color
voked in addition to any other bathroom. facilities maintenance schemes shall be avoided.
penalties provided by law. I. A central shower or a free- equipment, etc. F. An emergency electric generat-
Section 23 -1412. ADMINISTRATION standing Tub (the sides of D. Administration Areas. ing set shall be located on the
AND ENFORCEMENT. which are not coincident to (1) A business office area shall premises and shall be designed
The terms and provisions of this a wall) shall be provided for be provided for record main- to automatically provide emer-
ordinance shall be administered and each twenty resident - patient tenance and storage and for gency electric power to the
enforced by the City Manager and beds. central administration of the essential elements of a nursing
those he authorizes as his represen- (3) Day -room lounges. facility. home in the event of an inter -
tatives. a. Resident - patient day -room (2) A lobby area shall be pro- ruption of normal electric supply.
Section 23 -1413. STANDARDS OF lounge space shall be pro- vided for the reception of G. Resident - patient rooms shall
CONSTRUCTION, OPERATIONS, vided remote from main visitors (separate from resi• have provisions for night lighting
AND MAINTENANCE. entrances to the building dents - patients' day -room) and as well as general lighting and a
Subdivision 1. Location and Site and on each floor of the shall include adjacent public bed reading light shall be pro.
A. Nursing care and boarding care facility to the extent of 20 toilets. vided with control conveniently
homes must be located in ap- square feet per resident- (3) Employee locker rooms shall located for the resident - patient.
propmate zoning districts as com- patient bed on the respective be provided for storage of The following minimum lighting
prehended by Chapter 35 of the floor. employee personal effects and shall be provided:
City Ordinances. A. (4) Dining Rooms. shall include toilet and hand (1) Resident - patient room gen.
B. Nursing homes a n d boarding a. Resident - patient dining washing facilities. eral -10 foot candles.
care homes located in R -2, RA rooms shall be provided in E. Connecting Passageways. (2) Resident - patient reading —
or R -5 zoning districts must con- addition to day -room (I Corridors. 30 foot candles.
form to relevant provisions of lounges, a. Corridors used by resident- (3) Toilet and bathing rooms—
' Chapter 35 of the City Ordinances (5) Physical maintenance ther- patients shall be at least 20 foot candles.
and to subdivisions 1 through 5 apy rooms. eight feet wide. (4) Day -room lounges -30 foot
of f Sect 35 -410 of The City Or- a. In nursing home facilities b. No doors shall swing into a candles.
o
corridor used by resident- (5) Dining rooms -30 foot can -
ces. containing 150 or more beds,
C. Nursing homes and boarding care physical maintenance ther- Patients except corridor dies.
homes located in CA or C -la zon. apy rooms shall be provided closet doors, or fire exit (6) Physical therapy rooms -20
ing districts must conform to and equipped. doors. foot candles.
relevant provisions of Chapter (6) Occupational therapy rooms. c. Hand rails with ends turned (7) Corridors -10 foot candles.
35 of the City Ordinances and a. In facilities containing 150 to the wall shall be provided (8) Stairways -20 foot candles.
subdivisions I through 5 of Sec- or beds on both sides of corridors (9) Doorways -10 foot candles.
or more , therapy room shall m ll a- used by resident - patients. (10) Nursing stations -20 foot
provided and equipped, o sha There shall be a clear dis- candles.
tance of 1 inches between
hand rails and wall.
(11) Utility rooms -20 foot can-
dies.
(12) Administrative and lobby
areas -30 foot candles.
(13) Kitchen -30 foot candles.
(14) Laundry rooms -30 foot can-
' dles.
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:
MINIMUMTOTAL
AIR CHANGES
AREA PF12 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 range of .
73 degrees fahrenheit to 90
degrees fahrenheit and 20 per.
cent to 60 per ent relative
humidity.
J. 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 part to the extent 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. SUPREMACY.
When any provision of this ordin-
ance is either more stringent or less
stringent than similar provision of
Minnesota law or Minnesota Agency
regulations herein adopted by refer-
ence, 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
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 publica-
tion.
Adopted this...... day of ...... 19....
Mayor
Attest: ....................
Clerk
Published in the official newspaper
........................19....
Effective date ....................
( Brackets indicate matter to be de-
leted and bold face indicates new
matter)
( Published in the Brooklyn Center
Post April 29, 1971)
i