N.H. Code Admin. R. He-M 1001.03 – Administrative Requirements

(a) A community residence shall have no more than 3 persons receiving paid services in the residence without regard to payment source, unless the home is licensed in accordance with (b) below.
(b) Any community residence serving 4 or more individuals shall be licensed as required by RSA 151:2.
(c) A community residence intending to provide or providing services to 2 or more persons not receiving services through a provider agency or community mental health center shall be licensed as required by RSA 151:2, I(e) and certified as required by RSA 126-A:20.
(d) If a community residence serving persons who are 18 years of age or older intends to serve, or is serving, a person(s) who is under 18 years of age, it shall obtain written approval for such an arrangement from the guardian(s) of the person(s) under age 18 and the department.
(e) A community residence that serves a person(s) who is under 18 years of age shall be licensed as a foster family home pursuant to RSA 170-E:31-32.
(f) Prior to hiring or contracting with a prospective staff to work in a community residence, the provider agency, with the consent of the prospective staff shall complete the necessary registry, criminal background, and office of the inspector general exclusion list checks in accordance with He-M 504.
(g) Prior to a prospective staff providing community residence services to individuals, the provider agency, with the consent of the prospective staff shall:
1. (1) Obtain at least 2 references for the potential staff;
2. (2) Submit the potential staff’s name for review against the division for children, youth and families (DCYF) central registry, maintained pursuant to RSA 169-C:35, and the bureau of adult and aging services (BAAS), central registry, maintained pursuant to RSA 161-F:49, to ensure that the potential staff is not on either of these registries and submit the potential staff’s name against such registries every other year thereafter; and
3. (3) Complete a motor vehicles record check to ensure that the potential staff has a valid driver’s license if such potential staff will be transporting individuals.
(h) Prior to hiring or contracting with a person to work in a family residence, the provider agency shall complete a criminal records check for all adult persons living in the family residence, no more than 30 days prior to the home opening, and every other year thereafter, and if the person living in the family residence has resided in New Hampshire for less than one year, a criminal records check for their previous state(s) of residence shall be completed no more than 30 days prior to the home opening.
(i) Each provider agency shall obtain an attestation from all adult persons living in the community residence in the year in between the checks required pursuant to (h) above to ensure that they have not been convicted of a felony or misdemeanor in this or any other state.
(j) The requirements in (h) and (i) above shall not apply to individuals.
(k) Except as allowed in (l) and (m) below, a provider agency shall not hire a person to provide services if the person, or any other adult person residing in the community residence has:
1. (1) A felony conviction; or
2. (2) Any misdemeanor conviction involving:
  1. a. Physical or sexual assault;
  2. b. Violence;
  3. c. Exploitation;
  4. d. Child pornography;
  5. e. Threatening or reckless conduct;
  6. f. Theft;
  7. g. Driving under the influence of drugs or alcohol; or
  8. h. Any other conduct that represents evidence of behavior that could endanger the well-being of an individual.
(l) A provider agency may hire a person to provide services if the person, or any other adult person residing in the home, has a criminal record listed in (k)(1) or (2) above for a single offense that occurred 10 or more years ago in accordance with (m) and (n) below. In such instances, the individual, their guardian or representative, if applicable, and the provider agency shall review the person’s history prior to approving the hiring of a person to provide services in the community residence.
(m) A person may be hired to provide services in a community residence pursuant to (l) above only if such arrangement:
1. (1) Is approved by the individual, their guardian or representative, if applicable, and the provider agency;
2. (2) Does not negatively impact the health or safety of the individual; and
3. (3) Does not affect the quality of services to the individual.
(n) Upon hiring a person to provide services in a community residence pursuant to (l) and (m) above, the provider agency shall document and retain the following information in the individual’s record:
1. (1) The date(s) of the approvals in (l) above;
2. (2) The name of the individual residing in the community residence;
3. (3) The name of the person residing in the community residence who has a criminal record;
4. (4) Description of the person’s criminal offense;
5. (5) The provider agency’s name and address;
6. (6) A full explanation of why the provider agency is hiring the person, despite the criminal record of the person, or any other person residing in the home;
7. (7) Signature of the individual, or of the legal guardian(s) or representative(s), if applicable, indicating agreement with the arrangement and date signed;
8. (8) Signature of the provider agency staff person who obtained the individual or guardian or representative’s signature and date signed;
9. (9) Signature of the provider agency’s executive director or designee approving the
  employment; and
10. (10) The signature and phone number of the person residing in the community residence who has a criminal record.
(o) A family residence shall have a written agreement with the provider agency that requires, at a minimum, that a list of the names of all persons living in the residence who are not receiving services pursuant to He-M 503 or He-M 522 be disclosed to the provider agency.
(p) No provider or other person living or working in a community residence shall serve as the legal guardian or representative of an individual living in that community residence.
(q) Community residences shall have personal injury liability insurance for the residence and for vehicles used to transport individuals. Certificates of insurance shall be on file at the premises.
(r) Living space shall be arranged and maintained to support the health and safety of all household members, as follows:
1. (1) Each community residence shall be maintained in good repair and free of hazard to household members;
2. (2) Each community residence shall be free from environmental nuisances, including loud noise and foul odors;
3. (3) All smoke alarm batteries shall be tested monthly and replaced twice per year, with the exception of 10-year sealed batteries, which shall be replaced in accordance with He-M 1001.03(w);
4. (4) All doors, hallways, and stairs shall be clear, unobstructed, and uncluttered;
5. (5) All flammable or combustible materials shall be stored at least 3 feet from electric heaters, wood, coal, pellet, and kerosene stoves, furnaces, boilers, or water heaters;
6. (6) All flammable liquids shall be stored away from ignition sources;
7. (7) Oil furnaces shall be serviced annually. All other furnaces shall be serviced annually or as required or recommended by service provider or manufacturer; and
8. (8) If oxygen is used in the residence, all doors entering the home shall be labeled accordingly. Any oxygen in the home shall be firmly secured to the adjacent wall or secured in a stand or rack.
(s) A community residence shall provide the following:
1. (1) A specific sleeping area designated for each individual;
2. (2) A separate bed for each individual with each bedroom containing no more than 2 beds; and
3. (3) Storage space for each individual's clothing and other personal possessions.
(t) An individual's right to privacy shall be protected.
(u) Each bedroom shall be situated such that:
1. (1) No individual shall reside in a bedroom that is the access way to another bedroom or to a common area of the house; and
2. (2) Common areas shall not be used as bedrooms by anyone living in the home.
(v) An individual’s rights in accordance with He-M 310 shall be protected.
(w) The community residence shall have:
1. (1) At least one indoor bathroom which includes a sink, toilet, and a bathtub or shower for every 6 persons in the household;
2. (2) At least one telephone at all times when an individual is in the home;
3. (3) An integrated, hard wired fire alarm system with a detector in each bedroom and on each level of the home including basement and attic, if the attic is used as living or storage space. All detectors, including detectors with 10-year sealed batteries, shall be replaced at least once every 10 years or sooner if alarms malfunction during testing or exhibit signs of failure;
4. (4) A functioning septic or other sewage disposal system;
5. (5) A source of potable water for drinking and food preparation, as follows:
  1. a. If drinking water is supplied by a non-public water system, the water shall be tested and found to be in accordance with Env-Dw 702.02 and Env-Dw 704.02 initially and every 6 years thereafter; and
  2. b. If the water is not approved for drinking, an alternative method for providing safe drinking water shall be implemented; and
6. (6) An executed residency agreement with each individual in accordance with He-M 310.

Source. (See Revision Note at part heading for He-M 1001) #5867, eff 9-1-94, eff 9-1-94, EXPIRED: 9-1-00; amd by #6582, eff 9-19-97 New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18 New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19 New. #12775, eff 5-7-19; ss by #14255, eff 5-23-25, EXPIRES: 5-23-35