1. A. An administrator shall ensure that:

   1. 1. A nursing care institution complies with:

      1. a. The applicable physical plant health and safety codes and standards, incorporated by reference in R9-10-104.01, that were in effect on the date the nursing care institution submitted the application including the notarized attestation of architectural plans according to R9-10-104; and
      2. b. The requirements for Existing Health Care Occupancies in National Fire Protection Association 101, Life Safety Code, incorporated by reference in R9-10-104.01;

   2. 2. The premises and equipment are sufficient to accommodate:

      1. a. The services stated in the nursing care institution’s scope of services, and
      2. b. An individual accepted as a resident by the nursing care institution;
   3. 3. A nursing care institution is ventilated by windows or mechanical ventilation, or a combination of both;
   4. 4. The corridors are equipped with handrails on each side that are firmly attached to the walls and are not in need of repair;

   5. 5. No more than two individuals reside in a resident room unless:

      1. a. The nursing care institution was operating before October 31, 1982; and
      2. b. The resident room has not undergone a modification as defined in A.R.S. § 36-401;
   6. 6. A resident has a separate bed, a nurse call system, and furniture to meet the resident’s needs in a resident room or suite of rooms;

   7. 7. A resident room has:

      1. a. A window to the outside with window coverings for controlling light and visual privacy, and the location of the window permits a resident to see outside from a sitting position;
      2. b. A closet with clothing racks and shelves accessible to the resident; and
      3. c. If the resident room contains more than one bed, a curtain or similar type of separation between the beds for privacy; and

   8. 8. A resident room or a suite of rooms:

      1. a. Is accessible without passing through another resident’s room; and
      2. b. Does not open into any area where food is prepared, served, or stored.

2. B. If a swimming pool is located on the premises, an administrator shall ensure that:

   1. 1. 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 (B)(1)(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
   2. 2. A life preserver or shepherd’s crook is available and accessible in the pool area.
3. C. An administrator shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (B)(1) is covered and locked when not in use.

Historical Note

Adopted effective January 28, 1980 (Supp. 80-1). Section repealed by final rulemaking at 8 A.A.R. 2785, effective October 1, 2002 (Supp. 02-2). New Section R9-10-426 made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). 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. 3481 with an immediate effective date of November 5, 2019 (Supp. 19-4). Amended by final rulemaking at 31 A.A.R. 2457 (July 25, 2025), effective August 30, 2025 (Supp. 25-3).