[Code of Federal Regulations] [Title 42, Volume 4] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR483.70] [Page 540-542] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 483_REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table of Contents Subpart B_Requirements for Long Term Care Facilities Sec. 483.70 Physical environment. The facility must be designed, constructed, equipped, and maintained to protect the health and safety of residents, personnel and the public. (a) Life safety from fire. (1) Except as otherwise provided in this section-- (i) The facility must meet the applicable provisions of the 2000 edition of the Life Safety Code of the National Fire Protection Association. The Director of the Office of the Federal Register has approved the NFPA 101 [reg] 2000 edition of the Life Safety Code, issued January 14, 2000, for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of the Code is available for inspection at the CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http:// www.archives.gov/federal--register/code--of--federal--regulations/ibr-- locations.html. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. If any changes in this edition of the Code are incorporated by reference, CMS will publish notice in the Federal Register to announce the changes. (ii) Chapter 19.3.6.3.2, exception number 2 of the adopted edition of the LSC does not apply to long-term care facilities. (2) After consideration of State survey agency findings, CMS may waive specific provisions of the Life Safety ode which, if rigidly applied, would result in unreasonable hardship upon the facility, but only if the waiver does not adversely affect the health and safety of the patients. (3) The provisions of the Life safety Code do not apply in a State where CMS finds, in accordance with applicable provisions of sections 1819(d)(2)(B)(ii) and 1919(d)(2)(B)(ii) of the Act, that a fire and safety code imposed by State law adequately protects patients, residents and personnel in long term care facilities. (4) Beginning March 13, 2006, a long-term care facility must be in compliance with Chapter 19.2.9, Emergency Lighting. (5) Beginning March 13, 2006, Chapter 19.3.6.3.2, exception number 2 does not apply to long-term care facilities. (6) Notwithstanding any provisions of the 2000 edition of the Life Safety Code to the contrary, a long-term care facility may install alcohol-based hand rub dispensers in its facility if-- (i) Use of alcohol-based hand rub dispensers does not conflict with any State or local codes that prohibit or otherwise restrict the placement of alcohol-based hand rub dispensers in health care facilities; (ii) The dispensers are installed in a manner that minimizes leaks and spills that could lead to falls; [[Page 541]] (iii) The dispensers are installed in a manner that adequately protects against access by vulnerable populations; and (iv) The dispensers are installed in accordance with chapter 18.3.2.7 or chapter 19.3.2.7 of the 2000 edition of the Life Safety Code, as amended by NFPA Temporary Interim Amendment 00-1(101), issued by the Standards Council of the National Fire Protection Association on April 15, 2004. The Director of the Office of the Federal Register has approved NFPA Temporary Interim Amendment 00-1(101) for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of the amendment is available for inspection at the CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD and at the Office of the Federal Register, 800 North Capitol Street NW., Suite 700, Washington, DC. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. If any additional changes are made to this amendment, CMS will publish notice in the Federal Register to announce the changes. (7) A long-term care facility must: (i) Install battery-operated smoke detectors in resident sleeping rooms and public areas by May 24, 2006. (ii) Have a program for testing, maintenance, and battery replacement to ensure the reliability of the smoke detectors. (iii) Exception: (A) The facility has a hard-wired AC smoke detection system in patient rooms and public areas that is installed, tested, and maintained in accordance with NFPA 72, National Fire Alarm Code, for hard-wired AC systems; or (B) The facility has a sprinkler system throughout that is installed, tested, and maintained in accordance with NFPA 13, Automatic Sprinklers. (b) Emergency power. (1) An emergency electrical power system must supply power adequate at least for lighting all entrances and exits; equipment to maintain the fire detection, alarm, and extinguishing systems; and life support systems in the event the normal electrical supply is interrupted. (2) When life support systems are used, the facility must provide emergency electrical power with an emergency generator (as defined in NFPA 99, Health Care Facilities) that is located on the premises. (c) Space and equipment. The facility 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 (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 80 square feet per resident in multiple resident bedrooms, and at least 100 square feet in single resident rooms; (iii) Have direct access to an exit corridor; (iv) Be designed or equipped to assure full visual privacy for each resident; (v) In facilities initially certified after March 31, 1992, 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; (vi) Have at least one window to the outside; and (vii) Have a floor at or above grade level. (2) The facility must provide each resident with-- (i) A separate bed of proper size and height for the convenience 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. (3) CMS, or in the case of a nursing facility the survey agency, may permit [[Page 542]] variations in requirements specified in paragraphs (d)(1) (i) and (ii) of this section relating to rooms in individual cases when the facility demonstrates in writing that the variations-- (i) Are in accordance with the special needs of the residents; and (ii) Will not adversely affect residents' health and safety. (e) Toilet facilities. Each resident room must be equipped with or located near toilet and bathing facilities. (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 must provide one or more rooms designated for resident dining and activities. These rooms must-- (1) Be well lighted; (2) Be well ventilated, with nonsmoking areas identified; (3) Be adequately furnished; and (4) Have sufficient space to accommodate all activities. (h) Other environmental conditions. The facility 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. [56 FR 48876, Sept. 26, 1991, as amended at 57 FR 43925, Sept. 23, 1992; 68 FR 1386, Jan. 10, 2003; 69 FR 49268, Aug. 11, 2004; 70 FR 15238, Mar. 25, 2005] Effective Date Note: At 71 FR 55340, Sept. 22, 2006, Sec. 483.70 was amended by revising paragraph (a)(6)(iii), by removing the last sentence of paragraph (a)(6)(iv), by removing the period at the end of the paragraph (a)(6)(iv) and adding in its place ``; and'', by adding paragraph (a)(6)(v), and revising paragraph (a)(7), effective Oct. 23, 2006. For the convenience of the user, the added and revised text is set forth as follows: Sec. 483.70 Physical environment. (a) * * * (6) * * * (iii) The dispensers are installed in a manner that adequately protects against inappropriate access; * * * * * (v) The dispensers are maintained in accordance with dispenser manufacturer guidelines. (7) A long term care facility must: (i) Install, at least, battery-operated single station smoke alarms in accordance with the manufacturer's recommendations in resident sleeping rooms and common areas. (ii) Have a program for inspection, testing, maintenance, and battery replacement that conforms to the manufacturer's recommendations and that verifies correct operation of the smoke alarms. (iii) Exception: (A) The facility has system-based smoke detectors in patient rooms and common areas that are installed, tested, and maintained in accordance with NFPA 72, National Fire Alarm Code, for system-based smoke detectors; or (B) The facility is fully sprinklered in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. * * * * *