1. A. An administrator shall ensure that, if an ICF/IID has:

   1. 1. More than 16 residents, the ICF/IID 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 earlier of:

         1. i. The date the ICF/IID was originally certified as an ICF/IID by the federal Centers for Medicare and Medicaid Services, or
         2. ii. The date the ICF/IID submitted the application packet 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; and
   2. 2. Sixteen or fewer residents, the ICF/IID complies with 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. B. An administrator shall ensure that:

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

      1. a. The services stated in the ICF/IID’s scope of services, and
      2. b. An individual accepted as a resident by the ICF/IID;
   2. 2. A common area for use by residents is provided that has sufficient space and furniture to accommodate the recreational and socialization needs of residents;
   3. 3. A dining area has sufficient space and tables and chairs to accommodate the needs of the residents;

   4. 4. At least one bathroom is accessible from a common area and:

      1. a. May be used by residents and visitors;
      2. b. Does not open into an area in which food is prepared;
      3. c. Provides privacy when in use; and

      4. d. Contains the following:

         1. i. At least one working sink with running water,
         2. ii. At least one working toilet that flushes and has a seat,
         3. iii. Toilet tissue for each toilet,
         4. iv. Soap in a dispenser accessible from each sink,
         5. v. Paper towels in a dispenser or a mechanical air hand dryer,
         6. vi. Lighting, and
         7. vii. A window that opens or another means of ventilation;

   5. 5. An outside activity space is provided and available that:

      1. a. Is on the premises,
      2. b. Has a hard-surfaced section for wheelchairs, and
      3. c. Has an available shaded area;
   6. 6. Exterior doors are equipped with ramps or other devices to allow use by a resident using a wheelchair or other assistive device; and
   7. 7. The key to the door of a lockable bathroom or bedroom is available to a personnel member.

3. C. An administrator shall ensure that:

   1. 1. For every eight residents there is at least one working toilet that flushes and has a seat and one sink with running water;
   2. 2. For every eight residents there is at least one working bathtub or shower;

   3. 3. A resident bathroom provides privacy when in use and contains:

      1. a. A mirror;
      2. b. Toilet tissue for each toilet;
      3. c. Soap accessible from each sink;
      4. d. Paper towels in a dispenser or a mechanical air hand dryer for a bathroom that is used by more than one resident;
      5. e. A window that opens or another means of ventilation;
      6. f. Grab bars for the toilet and, if applicable, the bathtub or shower and other assistive devices, if required to provide for resident safety; and
      7. g. Nonporous surfaces for shower enclosures and slip-resistant surfaces in tubs and showers;
   4. 4. An ICF/IID is ventilated by windows or mechanical ventilation, or a combination of both;
   5. 5. If required for the residents of the ICF/IID, the corridors are equipped with handrails on each side that are firmly attached to the walls and are not in need of repair;
   6. 6. No more than two individuals reside in a resident bedroom; and

   7. 7. A resident’s bedroom;

      1. a. Is accessible without passing through a storage area, an equipment room, or another resident’s bedroom;
      2. b. Is constructed and furnished to provide unimpeded access to the door;
      3. c. Has floor-to-ceiling walls with at least one door;
      4. d. Does not open into any area where food is prepared, served, or stored;
      5. e. If a private bedroom, has at least 80 square feet of floor space, not including a closet or bathroom;
      6. f. If a shared bedroom, has at least 60 square feet of floor space for each individual occupying the shared bedroom, not including a closet or bathroom;
      7. g. Has a separate bed, at least 36 inches in width and 72 inches in length, for each resident, consisting of at least a frame and mattress that is clean and in good repair;
      8. h. Has clean linen, including a mattress pad, sheets large enough to tuck under the mattress, pillows, pillow cases, a bedspread, waterproof mattress covers as needed, and blankets to ensure warmth and comfort for the resident;
      9. i. Has furniture to meet the resident’s needs and sufficient light for reading;
      10. j. Has an openable 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;
      11. k. Has individual storage space for a resident’s possessions and assistive devices; and
      12. l. Has a closet with clothing racks and shelves accessible to the resident.

4. D. 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 than four inches across;
      3. c. Has no horizontal openings, except as described in subsection (D)(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.
5. E. An administrator shall ensure that a spa that is not enclosed by a wall or fence as described in subsection (D)(1) is covered and locked when not in use.

Historical Note

R9-10-525 made by exempt rulemaking at 25 A.A.R. 1222, effective April 25, 2019 (Supp. 19-2). Amended by exempt rulemaking, at 26 A.A.R. 72 with an effective date of January 1, 2020 (Supp. 19-4). Amended by final expedited rulemaking at 31 A.A.R. 1263 (April 18, 2025), with an immediate effective date of April 1, 2025 (Supp. 25-2).