N.D. Admin. Code § 75-03-40-47
1. A facility shall comply with all state, county, and local building and zoning codes and ordinances as well as all applicable state, county, and local safety, sanitation laws, codes, and ordinances.
2. A facility must be inspected annually by the local fire department or the state fire marshal's office. A facility shall correct any deficiencies found during these inspections. The facility shall keep a written report of the annual inspection and provide a copy to the department, including evidence of correction of noted deficiencies. All chimneys, flues, and vent attachments to combustion-type devices must be structurally sound, appropriate to the unit or units attached to them, and cleaned and maintained as necessary to provide safe operation. The heating system of each facility, including chimneys and flues, must be inspected at least once each year by a qualified individual.
3. A facility shall have a 2A 10BC fire extinguisher certified by Underwriters' Laboratories, maintained in accordance with the manufacturer's instructions, and located in areas defined in the fire code. All required fire extinguishers must be checked once a year and serviced as needed. Each fire extinguisher must have a tag or label securely attached indicating the month and year the maintenance check was performed last completed.
4. The facility shall have smoke detectors installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code.
5. If applicable, the facility shall have carbon monoxide detectors installed and maintained in accordance with the manufacturer's instructions and located in areas defined in the fire code.
6. The facility may install automatic sprinklers in bedrooms, hallways, and areas required by fire code. If an automatic sprinkler system is installed, it must be inspected annually and a copy of the inspection must be provided to the department.
7. The facility must be equipped with furnishings suitable to the needs of the residents. Recreational space and equipment must be safe, functional, and available for all residents.
8. The facility shall have one centrally located living room for the informal use of residents.
9. The facility shall have a dining room area large enough to accommodate the number of residents served.
10. A facility shall provide space and privacy for individual interviewing and counseling sessions. This space must be separate and apart from rooms used for ongoing program activities.
11. A facility shall have bedroom accommodations for the residents as follows: a. The facility shall have at least one bedroom for each three residents; b. The facility may not permit nonambulatory residents to sleep above or below the ground floor; c. There may be no more than one resident per bed, and triple bunks are prohibited; d. All bedrooms must have at least one window that can open to the outside. A facility may implement further restrictions such as a safety lock to the window, if it is determined to be a benefit for resident safety. If a lock is placed on a bedroom window, the facility must have an automatic sprinkler system and fire alarm system installed and notify the department in writing this additional safety measure has been implemented. Notification to the department must include policy surrounding the need and duration; e. A sleeping room may not be in an unfinished attic, hallway, or other room not normally used for sleeping purposes; f. A basement that has over half its outside walls below grade and no door opening directly to the outside may not be used for bedrooms, unless the bedroom space has egress windows; g. Furnishings must be safe, attractive, easy to maintain, and selected for suitability to the age and development of the residents; and h. A facility shall have sufficient individual storage areas to accommodate resident's clothing and other personal belongings.
12. A facility shall have one complete bathroom to include a toilet, washbasin, and a tub or shower for each six residents and: a. All bathroom facilities must be indoors, equipped with hot and cold running water, and kept clean; b. When bathroom units contain more than one toilet, tub, or shower, each must be in a separate compartment; and
e. Buildings must be free of unabated asbestos; and f. Lead paint may not be used within a building or on the exterior, grounds, or recreational equipment.
23. Any nonhousing buildings located on the facility property must be locked when not in use by personnel or residents. Residents must be supervised by an employee when entering a nonhousing building.
24. All pet inoculations must comply with the local and state requirements.
History: Effective October 1, 2019; amended effective April 1, 2024.