The following sets forth a list of deficiencies the seriousness of which requires mandatory and time-limited action. Failure to take corrective action within the prescribed times, unless action is waived or additional time to correct the deficiency is granted by the DMH/MR Commissioner or designee, may result in immediate decertification of the violating program/facility. Discrepancies are listed in order of severity, greater to lesser. This list of discrepancies is not exclusive. Absence of a particular discrepancy from the following does not preclude a finding by the DMH/MR Commissioner or designee that any particular condition, or a combination of any such conditions, with or without those listed, creates a serious threat to safety or welfare requiring immediate action by the DMH/MR Commissioner or designee, up to and including immediate decertification in accordance with the provisions of the Alabama Administrative Code, Section 580-3-23-.15(5).

1. (1) CATEGORY “A” (24 hour repair and notification required). Any identified deficiency noted on the Office of Life Safety and Technical Services inspection report requires notification of correction be provided to the DMH/MR Office of Certification Administration within 24 hours of identification. However, within the Commissioner’s discretion or his designee’s discretion, additional time may be granted for Category “A” deficiencies if it is determined by the Life Safety and Technical Services inspectors that it would be impossible to meet the 24 hour deadline (e.g. cannot get parts or labor duringthe required time frame), and reasonable measures have been taken (e.g., if necessary, temporary relocation to another facility) to protect the health and safety of residents while the deficiency is being corrected. The above list may not be all inclusive.

   1. (a) Fire Alarm System showing trouble, silenced or out of service.
   2. (b) Automatic Sprinkler System out of service.
   3. (c) No water supply or non-potable water in house.
   4. (d) If a facility, home, or apartment is subject to DMH/MR certification (see 580-3-22-.01(8) and 580-3-22-.13(1)), then hot water temperature shall not exceed 120 degrees Fahrenheit. Minimum hot water temperatures shall not fall below 110 degrees Fahrenheit.
   5. (e) No electrical service in house.
   6. (f) No heat or air causing the temperature to exceed or fall below DMH/MR requirements.
   7. (g) Sewage back-up in house or in yard.
   8. (h) In the event of a fire, consumers must be moved immediately. The local fire department and DMH/MR will determine when the facility is safe for occupancy.
   9. (i) Loss of structure or roof to building.
   10. (j) Gas leakage discovered at facility.
   11. (k) Agency/operators refusal to correct any of the above problems.

2. (2) CATEGORY “B” (10 day repair and notification required). Any identified deficiency noted on the Office of Life Safety and Technical Services inspection report requires notification of correction be provided to the DMH/MR Office of Certification Administration within 10 days of identification. However, within the Commissioner’s discretion or his designee’s discretion, additional time may be granted for Category “B” deficiencies if it is determined by the Life Safety and Technical Services inspectors that it would be impossible to meet the 10-day deadline (e.g. cannot get parts during therequired time frame), and reasonable measures have been taken (e.g., if necessary, temporary relocation to another facility) to protect the health and safety of residents while the deficiency is being corrected. Any deficiency noted on the inspection report must have notification of correction sent to the DMH/MR Office of Certification Administration within 10 days of inspection. The above list may not be all inclusive.

   1. (a) Fire Alarm System not serviced and tagged for current year.
   2. (b) Automatic Sprinkler System not serviced and tagged for current year.
   3. (c) Non- approved type gas/electric space heaters cited as deficiencies and not removed.
   4. (d) A SECOND NOTICE for any non-1ife threatening deficiency.
3. (3) CATEGORY “C” (30 day repair and notification required). Any identified deficiency not listed under Category “A” or Category “B” noted on the Office of Life Safety and Technical Services inspection report requires notification of correction be provided to the DMH/MR Office of Certification Administration within 30 days of identification. However, within the Commissioner’s discretion or his designee’s discretion, additional time may be granted for Category “C” deficiencies if it is determined by the Life Safety and Technical Services inspectors that it would be impossible to meet the 30- day deadline (e.g. cannot get parts during the required time frame), and reasonable measures have been taken (e.g., if necessary, temporary relocation to another facility) to protect the health and safety of residents while the deficiency is being corrected.

Author: DMH/MR Office of Life Safety and Technical Services

Statutory Authority: Code of Ala. 1975, §22-50-11.

History: New Rule: Filed November 21, 2008; effective December 26, 2008.