1. The facility must be: a. Free of warped or damaged floors, loose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other hazards that would affect the safety of an adult residing in the facility; b. Maintained free of offensive odors, vermin, and dampness;

1. c. Maintained by a central heating system at a temperature of at least sixty-eight degrees Fahrenheit [20 degrees Celsius];
2. d. Maintained so as to prevent crawling and flying pests from entering the facility through windows;
3. e. Equipped with handrails in all stairways;
4. f. Equipped with nonporous surfaces for shower enclosures;
5. g. Equipped with safety mats or slip-preventing materials on the bottom of tubs and floors of showers; and
6. h. Physically accessible for the resident.- 2. Bedrooms for all residents must be constructed as a bedroom with walls or partitions of standard construction which extend from floor to ceiling and which provide privacy for the resident.
7. 1. Bedrooms occupied by one resident must have no less than seventy square feet [6.50 square meters] of usable floor space.
8. 1. Bedrooms occupied by two residents must have no less than one hundred twenty square feet [11.15 square meters] of usable floor space and provide for privacy in the sleeping area.
9. 1. Bedroom ceilings must be at least six feet and eight inches [203.20 centimeters] above the finished floor surface at the ceiling's lowest point.
10. 1. No more than two residents may be assigned to one bedroom and residents sharing a bedroom must have a choice of roommates in that facility.
11. 1. Bedroom and bathroom doors must be lockable by the resident for privacy, with only the resident and appropriate staff having keys to the bedroom doors. Any restrictions on having a lockable bedroom or bathroom door must be documented and justified in the person-centered service plan or service and rental agreement.
12. 1. Bedrooms occupied by residents may not be located in a level of the facility below grade level unless there are two means of egress, one of which leads to the outside of the facility.
13. 1. At least one full bathroom must be available on the same floor as any bedroom occupied by a resident.
14. 1. The facility shall have a telecommunication device on the main floor available for use by residents.
15. 1. The facility's use of an electronic monitoring device in the resident's bedroom and bathroom is prohibited if the resident's care is funded by the state in whole or in part unless in compliance with the federal home and community-based services settings rule, 42 CFR 441.530. The allowable modification must be documented in the resident's person-centered service plan by the department or the department's designee.
16. 1. The facility's use of an electronic monitoring device is allowable for monitoring an otherwise unattended private pay resident within a limited range, which allows the provider to remain nearby while ensuring the safety of the resident, if the use is approved in writing by the resident or, if the resident is incapacitated, a family member or legal representative of the resident.

13. The facility shall limit access to the electronic monitoring device and to any information on or obtained by it to individuals with a need to have the information. Information on or obtained by the electronic monitoring device must be obtained, transmitted, and stored securely.

14. Mobile home units used as a facility must:

a. Have been constructed since 1976;

b. Have been designed for use as a dwelling, rather than as a travel trailer;

c. Meet the flame spread rate requirements; and

d. Have a manufacturer's label permanently affixed stating the mobile home meets the requirements of the department of housing and urban development or the American national standards institute.

History: Effective May 1, 1992; amended effective May 1, 1995; January 1, 2009; October 1, 2012; October 1, 2016; April 1, 2026.

General Authority: NDCC 50-06-16, 50-11-03

Law Implemented: NDCC 50-11-02, 50-11-03, 50-11-03.7; 42 CFR 441.530