1. A. A provider shall ensure that a behavioral health respite home:

   1. 1. Is in a building that:

      1. a. Is arranged, designed, and used for the living, sleeping, and housekeeping activities for one family on a permanent basis; and
      2. b. Is free of any plumbing, electrical, ventilation, mechanical, chemical, or structural hazard that may jeopardize the health or safety of a recipient;
   2. 2. Has a living room accessible at all times to a recipient;
   3. 3. Has a dining area furnished for group meals that is accessible to the provider, recipients, and any other individuals present in the behavioral health respite home;

   4. 4. For each six individuals residing in the behavioral health respite home, including recipients, has at least one bathroom equipped with:

      1. a. A working toilet that flushes and has a seat; and
      2. b. A sink with running water accessible for use by a recipient;
   5. 5. Has equipment and supplies to maintain a recipient’s personal hygiene accessible to the recipient;
   6. 6. Is clean and free from accumulations of dirt, garbage, and rubbish; and
   7. 7. Implements a pest control program that complies with A.A.C. R3-8-201(C)(4) to minimize the presence of insects and vermin at the behavioral health respite home.

2. B. A provider shall ensure that any pets or other animals allowed on the premises are:

   1. 1. Controlled to prevent endangering a recipient and to maintain sanitation;
   2. 2. Licensed consistent with local ordinances; and
   3. 3. For a dog or cat, vaccinated against rabies.

3. C. If a swimming pool is located on the premises, a provider shall ensure that:

   1. 1. The swimming pool is equipped with the following:

      1. a. An operational water circulation system that clarifies and disinfects the swimming pool water continuously and that includes at least:

         1. i. A removable strainer,
         2. ii. Two swimming pool inlets located on opposite sides of the swimming pool, and
         3. iii. A drain located at the swimming pool’s lowest point and covered by a grating that cannot be removed without using tools; and
      2. b. An operational cleaning system;

   2. 2. The swimming pool is enclosed by a wall or fence that:

      1. a. Is at least five feet in height as measured on the exterior of the wall or fence;
      2. b. Has no vertical openings greater that four inches across;
      3. c. Has no horizontal openings, except as described in subsection (C)(2)(e);
      4. d. Is not chain-link;
      5. e. Does not have a space between the ground and the bottom fence rail that exceeds four inches in height; and

      6. f. Has a self-closing, self-latching gate that:

         1. i. Opens away from the swimming pool,
         2. ii. Has a latch located at least 54 inches from the ground, and
         3. iii. Is locked when the swimming pool is not in use; and
   3. 3. A life preserver or shepherd’s crook is available and accessible in the pool area.
4. D. A provider shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (C)(2) is covered and locked when not in use.

Historical Note

Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10-1610 renumbered to R9-10-1611; new Section R9-10-1610 renumbered from R9-10-1609 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2). Amended by final expedited rulemaking at 25 A.A.R. 259, effective January 8, 2019 (Supp. 19-1).