[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR51.200]

[Page 837-838]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES--Table 
of Contents
 
                          Subpart D--Standards
 
Sec. 51.200  Physical environment.

    The facility management must be designed, constructed, equipped, and 
maintained to protect the health and safety of residents, personnel and 
the public.
    (a) Life safety from fire. The facility must meet the applicable 
provisions of the National Fire Protection Association's NFPA 101, Life 
Safety Code (1997 edition) and the NFPA 99, Standard for Health Care 
Facilities (1996 edition). Incorporation by reference of these materials 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. These materials incorporated by 
reference are available for inspection at the Office of the Federal 
Register, Suite 700, 800 North Capitol Street, NW., Washington, DC, and 
the Department of Veterans Affairs, Office of Regulations Management 
(02D), Room 1154, 810 Vermont Avenue, NW., Washington, DC 20420. Copies 
may be obtained from the National Fire Protection Association, 1 
Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101. (For ordering 
information, call toll-free 1-800-344-3555.)
    (b) Emergency power. (1) An emergency electrical power system must 
be provided to supply power adequate for illumination of all exit signs 
and lighting for the means of egress, fire alarm and medical gas alarms, 
emergency communication systems, and generator task illumination.
    (2) The system must be the appropriate type essential electrical 
system in accordance with the applicable provisions of the National Fire 
Protection Association's NFPA 101, Life Safety Code (1997 edition) and 
the NFPA 99, Standard for Health Care Facilities (1996 edition). 
Incorporation by reference of these materials was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. The availability of these materials is described in 
paragraph (a) of this section.
    (3) When electrical life support devices are used, an emergency 
electrical power system must also be provided for devices in accordance 
with NFPA 99, Standard for Health Care Facilities (1996 edition).
    (4) The source of power must be an on-site emergency standby 
generator of sufficient size to serve the connected load or other 
approved sources in accordance with the National Fire Protection 
Association's NFPA 101, Life Safety Code (1997 edition) and the NFPA 99, 
Standard for Health Care Facilities (1996 edition). Incorporation by 
reference of these materials was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
availability of these materials is described in paragraph (a) of this 
section.
    (c) Space and equipment. Facility management must--
    (1) Provide sufficient space and equipment in dining, health 
services, recreation, and program areas to enable staff to provide 
residents with needed services as required by these standards and as 
identified in each resident's plan of care; and

[[Page 838]]

    (2) Maintain all essential mechanical, electrical, and patient care 
equipment in safe operating condition.
    (d) Resident rooms. Resident rooms must be designed and equipped for 
adequate nursing care, comfort, and privacy of residents:
    (1) Bedrooms must--
    (i) Accommodate no more than four residents;
    (ii) Measure at least 115 net square feet per resident in multiple 
resident bedrooms;
    (iii) Measure at least 150 net square feet in single resident 
bedrooms;
    (iv) Measure at least 245 net square feet in small double resident 
bedrooms; and
    (v) Measure at least 305 net square feet in large double resident 
bedrooms used for spinal cord injury residents. It is recommended that 
the facility have one large double resident bedroom for every 30 
resident bedrooms.
    (vi) Have direct access to an exit corridor;
    (vii) Be designed or equipped to assure full visual privacy for each 
resident;
    (viii) Except in private rooms, each bed must have ceiling suspended 
curtains, which extend around the bed to provide total visual privacy in 
combination with adjacent walls and curtains;
    (ix) Have at least one window to the outside; and
    (x) Have a floor at or above grade level.
    (2) The facility management must provide each resident with--
    (i) A separate bed of proper size and height for the safety of the 
resident;
    (ii) A clean, comfortable mattress;
    (iii) Bedding appropriate to the weather and climate; and
    (iv) Functional furniture appropriate to the resident's needs, and 
individual closet space in the resident's bedroom with clothes racks and 
shelves accessible to the resident.
    (e) Toilet facilities. Each resident room must be equipped with or 
located near toilet and bathing facilities. It is recommended that 
public toilet facilities be also located near the resident's dining and 
recreational areas.
    (f) Resident call system. The nurse's station must be equipped to 
receive resident calls through a communication system from--
    (1) Resident rooms; and
    (2) Toilet and bathing facilities.
    (g) Dining and resident activities. The facility management must 
provide one or more rooms designated for resident dining and activities. 
These rooms must--
    (1) Be well lighted;
    (2) Be well ventilated;
    (3) Be adequately furnished; and
    (4) Have sufficient space to accommodate all activities.
    (h) Other environmental conditions. The facility management must 
provide a safe, functional, sanitary, and comfortable environment for 
the residents, staff and the public. The facility must--
    (1) Establish procedures to ensure that water is available to 
essential areas when there is a loss of normal water supply;
    (2) Have adequate outside ventilation by means of windows, or 
mechanical ventilation, or a combination of the two;
    (3) Equip corridors with firmly secured handrails on each side; and
    (4) Maintain an effective pest control program so that the facility 
is free of pests and rodents.

(Authority: 38 U.S.C. 101, 501, 1710, 1741-1743)