(a)

1. (1)

   1. (A) All living units in assisted living facilities shall be independent apartments.
   2. (B) Exceptions shall be granted based on the Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq.

2. (2) Each apartment or unit shall be of adequate size and configuration to permit residents to carry out, with or without assistance, all the functions necessary for independent living, including:

   1. (A) Sleeping;
   2. (B) Sitting;
   3. (C) Dressing;
   4. (D) Personal hygiene;
   5. (E) Storing, preparing, serving, and eating food;
   6. (F) Storing clothing and other personal possessions;
   7. (G) Doing personal correspondence and paperwork; and
   8. (H) Entertaining visitors.
3. (3) Each apartment or unit shall be accessible to and useable by residents who use a wheelchair or other mobility aid consistent with the accessibility standards.

(b) Physical features. Each independent apartment or unit shall have at least the following:

1. (1)

   1. (A) An individual lockable entrance and exit.
   2. (B) A single door may serve as both entrance and exit.
   3. (C) Keys, code, or other opening device for the door to the independent apartment or unit shall be supplied to residents.
   4. (D)

(i) Keys, code, or other opening device for the door or doors to the assisted living facility shall be supplied to all residents without a credible diagnosis of dementia.

1. (ii) In situations where a provider feels a resident without a diagnosis of dementia is at risk of injury to himself or herself if provided with a key, code, or other exit device to the facility, a compliance agreement may be negotiated.

   1. (E) All apartments or units shall be accessible by means of a master key or similar system that is available at all times in the facility and for use by designated staff;

2. (2)

   1. (A) Each apartment or unit of new construction resident units shall have a minimum of one hundred fifty square feet (150 ft²) per person or two hundred thirty square feet (230 ft²) for two (2) persons sharing a room excluding entryway, bathroom, and closets.
   2. (B) No apartment or unit in an assisted living facility shall be occupied by more than two (2) persons;
3. (3) Each apartment or unit shall have a separate and complete bathroom with a toilet, bathtub or shower, and sink;
4. (4) The cooking capacity of each apartment or unit may be removed or disconnected depending on the individual needs of the resident;

5. (5)

   1. (A) Each apartment or unit shall have a call system monitored twenty-four (24) hours a day by facility staff in the facility.
   2. (B) Wireless call systems approved by the Office of Long-Term Care may be utilized;
6. (6) Each apartment or unit shall be equipped for telephone and television cable or central television antenna system;
7. (7) Each apartment or unit shall have easy access to common areas such as living room or rooms, activity room or rooms, dining room or rooms, and laundry;

8. (8)

   1. (A) Private accessible mailbox that complies with United States Postal Service requirements for apartment-style boxes in which the resident may send and receive mail that meets postal standards.
   2. (B) Mailboxes may be grouped in a common area, located at the resident’s apartment or unit door, or located as required by the United States Postal Service;

9. (9)

   1. (A) Each apartment or unit shall have a kitchen that is a visually and functionally distinct area within the apartment or unit (see 20 CAR § 410-103(69), definition of “visually and functionally distinct area”).

   2. (B) The kitchen, at a minimum, shall contain:

      1. (i) A small refrigerator with a freezer compartment;
      2. (ii) A cabinet for food storage;
      3. (iii) A small bar-type sink with hot and cold running water; and
      4. (iv) Space with electrical outlets suitable for small cooking appliances, e.g., a microwave.
   3. (C) Exceptions shall be granted based on the Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq.

   4. (D)

      1. (i) Upon entering the assisted living facility, the resident or his or her responsible party shall be asked if he or she wishes to have a cooking appliance.
      2. (ii) If so, the appliance shall be provided by the facility, in accordance with facility policies.
      3. (iii) If the resident or his or her responsible party wishes to provide his or her own cooking appliance, it shall meet the facility’s safety standards.
      4. (iv) The cooking appliances shall be designed so that they can be disconnected and removed for resident safety or if the resident chooses not to have cooking capability within his or her apartment;
10. (10) Each apartment or unit shall have a sleeping and living area that is a visually and functionally distinct area within the apartment or unit (see 20 CAR § 410-103(69), definition of “visually and functionally distinct area”) but need not be separate rooms; and
11. (11) Male and female residents must not have adjoining rooms that do not have full floor-to-ceiling partitions and closable solid core doors.