PURPOSE: This rule prescribes physical plant requirements in certain community residential facilities as required by section 630.710, RSMo.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Persons making initial application or intending to construct new facilities or remodel existing facilities shall submit plans as follows:

   1. (A) Persons intending to construct new facilities or to remodel or add additions to existing facilities shall submit two (2) copies of the plans and specifications prepared to scale. One (1) copy shall be submitted to the licensing office, the second copy to the state fire marshal. The plans shall include a narrative indicating the utilization of each area of the facility. The architect or contractor shall certify in writing that the plans are in compliance with these licensing rules. The head of the facility shall not begin construction until the plans have been reviewed by the state fire marshal. All plans for new construction, remodeling or additions shall comply with the Americans with Disabilities Act Accessibility Guidelines; and
   2. (B) Persons making initial application for licensing of an existing building shall submit to the licensure office a drawing of the interior floor plan, in approximate scale, and include a narrative indicating the utilization of each area of the facility.
2. (2) In this context, the term existing facility means any community residential facility licensed by the Department of Mental Health on July 11, 1983. The exemption or modification of a rule for an existing facility shall become void if there is a change of ownership as defined in 9 CSR 40-1.055(9)(C). An existing facility shall not increase the capacity of any room or the total capacity of the facility without meeting new construction requirements.

3. (3) The physical plant shall—

   1. (A) Be structurally sound and attractive inside and out;
   2. (B) Have walls and ceilings which are of sound construction, covered with plaster or approved equivalent; and
   3. (C) Have floors which are solid, as nonslick as possible, free from tripping hazards and, unless carpeted, have a smooth finish.

4. (4) The physical plant shall not be a mobile home nor a modular unit as defined in section 700.010(7), RSMo unless the head of the facility can demonstrate that it has the following structural characteristics:

   1. (A) Two inch by eight inch (2O × 8O) or larger floor joists—sixteen inches (16O) on center;
   2. (B) Two inch by four inch (2O × 4O) wall studs—sixteen inches (16O) on center;
   3. (C) Two inch by six inch (2O × 6O) ceiling joists and roof rafters—sixteen inches (16O) on center or truss construction of equivalent strength;

   4. (D) Wall construction consisting of the following:

      1. 1. Exterior walls of brick, stone, con-

crete block or exterior siding of wood, stucco, aluminum or masonry;

1. 2. Sheathing studs; and
2. 3. An interior finish of drywall or plas-

ter;

1. (E) Floors consisting of floor joists, subfloor, usually two (2) layers, finish floor or rough finish for carpet;
2. (F) Concrete foundations or footings; and
3. (G) Conventional roof slope.

1. (5) Facilities with residents who are physically disabled shall—

   1. (A) Be barrier free;
   2. (B) Have grab bars, ramps and railings which are designed in compliance with the 1980 Standards of the American National Standards Institute, Inc. (ANSI) and which are maintained to function properly;
   3. (C) Have means of egress which are large enough to accommodate wheelchairs, if persons in wheelchairs are in residence; and
   4. (D) Comply with Americans with Disabilities Act Accessibility Guidelines.

2. (6) The facility shall have a ceiling height of at least seven feet ten inches (7N10O) in all rooms used by residents except as follows: 9 CSR 40-5

   1. (A) There is no ceiling height requirement for laundry rooms while being used to train residents to operate laundry equipment;
   2. (B) Bedrooms and activity areas which were approved for resident use in existing facilities shall have a ceiling height of at least seven feet six inches (7N6O);
   3. (C) New bathrooms shall have a ceiling height of at least seven feet six inches (7N6O); bathrooms which were approved for resident use in existing facilities shall have no ceiling height requirement; and
   4. (D) Halls in facilities applying for licensing after April 1, 1984, shall have a ceiling height of at least seven feet six inches (7N6O).

3. (7) Each bedroom shall—

   1. (A) Be an outside room;
   2. (B) Have a floor level which is no more than three feet (3N) below the outside grade on the window side of the room;
   3. (C) Provide at least sixty (60) square feet of floor space per resident in multiple sleeping rooms and eighty (80) square feet per resident in single sleeping rooms. Bedrooms which were approved for resident use in existing facilities shall have fifty-seven (57) square feet of floor space in multiple sleeping rooms and seventy-six (76) square feet in single sleeping rooms. In the computation of space in bedrooms with slope ceilings, floor space shall be limited to that portion of the room having a ceiling height as required under section (6) of this rule;
   4. (D) Have at least one (1) window which provides visual access to out-of-doors. Windows shall operate as designed and shall provide total window space of eight and onehalf percent (8 1/2%) of the floor space as required under subsection (7)(C) of this rule;
   5. (E) Have adequate space to walk between beds;
   6. (F) Provide privacy and personal dignity for each resident; and
   7. (G) Have no more than four (4) residents, except in Psychiatric Group Homes II which shall have no more than two (2) residents. This subsection does not apply to bedrooms approved for resident use in existing facilities.

4. (8) The facility shall provide each bedroom with—

   1. (A) A pillow, comfortable mattress and separate bed or crib for each resident, except for married residents. Cots, convertibles and bunk beds shall not be used. Each resident’s mattress shall be at least as long as his/her height, except for a resident in the developmental period whose mattress shall be at least four inches (4") longer than his/her height;
   2. (B) Furnishings for each resident to include a chair, except for residents utilizing wheelchairs or when a resident prefers not to have a chair, closet space, place for storage of personal items and space for a hanging picture or wall decoration suitable to the resident’s age and level of functioning;
   3. (C) At least two (2) blankets and a bedspread for each resident. Bedspreads shall not be required for cribs. Additional blankets and bedspreads may be required in consideration of a resident’s special needs and laundering and transporting of soiled bedding; and
   4. (D) An interior door for safety and privacy.

5. (9) Each facility shall have a variety of rooms for resident activities including a living room, dining room and space for quiet time, recreational and other activities as appropriate to the residents. Existing facilities having only one (1) large room as the activity area are in substantial compliance if the arrangement of the room allows for separate activities appropriate to the residents to take place simultaneously. The combined living room, dining room and other activity area shall—

   1. (A) Have furnishings, supplies and equipment of sufficient quantity and appropriate to meet the residents’ needs. Furnishings shall include, but not be limited to, tables, chairs, sofas, bookshelves and mats appropriate to residents’ ages, physical conditions and levels of functioning;
   2. (B) Provide a total activity space of eighty

6. (80) square feet for each occupant except that in existing facilities there shall be at least seventy-six (76) square feet per occupant. The designated activity space shall not be used as sleeping space. The computation of activity space shall exclude occupants who have identifiable living quarters separate from those shared by residents; and

   1. (C) Have windows which provide residents with visual access to out-of-doors and operate as designed. The total window space in the combined activity areas, taken collectively, shall be equal to eight and one-half percent (8 1/2%) of the floor space as required under subsection (9)(B) of this rule.
7. (10) The facility shall have at least one (1) toilet, one (1) lavatory with mirror and one
8. (1) tub or shower for each six (6) occupants of the facility. This section does not become effective until July 11, 1984, for facilities licensed on or prior to March 31, 1983.
9. (11) The facility shall have separate toilet and bathing facilities for each sex except where reasonable evidence is shown the department that this is not necessary. Facilities serving residents who are physically disabled shall equip toilets and bathroom fixtures for their use.
10. (12) The facility shall have in each bathroom and each kitchen a window or other adequate exhaust ventilation system.
11. (13) If the facility’s water supply is not that of the city or county, the facility shall have its water supply meet drinking water standards promulgated by the Department of Natural Resources.

12. (14) The facility’s electrical system shall comply with all state and local laws and with the requirements of the National Electrical Code. The head of the facility shall—

    1. (A) Provide sufficient and satisfactory artificial lighting and power to meet the demands of the facility and needs of the residents;
    2. (B) Prohibit the use of extension cords; and
    3. (C) Submit to the licensing office at the time of initial application and after that, whenever modifications are made, a written statement from a professional electrician that the electrical system at the facility is in compliance with these rules.
13. (15) The plumbing within the facility shall comply with all state and local laws and with the requirements of the National Plumbing Code. The head of facility, at the time of initial application and after that, whenever modifications are made, shall submit to the licensing office a written statement from a professional plumber that the plumbing system at the facility is in compliance with these rules.
14. (16) The facility shall utilize public sewage systems if available. If a public sewage system is not available, a private sewage disposal system may be used if it complies with all local and state regulations and with the requirements of the National Plumbing Code.
15. (17) The facility shall comply with Department of Housing and Urban Development (HUD) Lead Based Paint Regulations, 24 CFR part 35.
16. (18) Each facility shall have a telephone. Emergency numbers (including those of the local fire department, police department, ambulance, physician, hospital and department) shall be posted by the telephone.
17. (19) The facility shall be dry, heated and well-ventilated. The temperature of the rooms shall be no less than sixty-eight degrees Fahrenheit (68°F), and no greater than eighty-five degrees Fahrenheit (85°F).
18. (20) The head of the facility shall have control of the entire building or fire section in which the residential facility is located.

AUTHORITY: sections 630.050 and 630.705, RSMo (1994).* Original rule filed Oct. 13, 1983, effective Jan. 15, 1984. Amended: Filed March 14, 1984, effective Aug. 15, 1984. Amended: Filed July 15, 1985, effective Feb. 1, 1986. Amended: Filed Jan. 2, 1990, effective June 11, 1990. Amended: Filed April 1, 1993, effective Dec. 9, 1993. Amended: Filed July 17, 1995, effective March 30, 1996. *Original authority: 630.050, RSMo (1980), amended 1993, 1995 and 630.705, RSMo (1980), amended 1982, 1984, 1985, 1990.