Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 3. Compliance Requirements
Article 4. Physical Environment


§10580. Alterations to Existing Buildings or New Facilities.

(a) Prior to major construction or alterations, licensee shall notify the department of the proposed change.
(b) The department may require that the licensee have a building inspection by a local inspector if the department suspects that a hazard to the residents' heath and safety exists.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Change without regulatory effect renumbering article heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).

9. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).




§10581. Buildings and Grounds.

(a) Facilities shall be clean, safe, sanitary and in good repair at all times for the safety and well-being of residents, employees and visitors.
(1) The licensee shall take measures to keep the facility free of flies and other insects.
(2) The licensee shall provide for the safe disposal of contaminated water and chemicals used for cleaning purposes.
(3) The facility must be separate and secure. Facility living, sleeping, bathing and toiletry areas shall be enclosed by permanent walls, floors, ceilings and doors.
(A) This is not to preclude the use of more than one building in meeting the requirements for licensure.
(B) This is not to preclude the use of a wing(s) of a building or floor(s) of a building in meeting the requirements for licensure.
(4) Facility access by individuals who are neither residents, facility staff, volunteers, nor authorized visitors shall be limited and monitored by the facility.
(b) All residents shall be protected against hazards within the facility through provision of protective devices including but not limited to nonslip material on rugs.
(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard shall be kept free of obstruction.
(d) General permanent or portable storage space shall be available for the storage of facility equipment and supplies. Facility equipment and supplies shall be stored in appropriate space and shall not be stored in space designated for other activities.
(e) All in-ground pools and above-ground pools which cannot be emptied after each use shall have an operative pump and filtering system.
(f) Where female and male residents are housed in the same facility, the licensee shall ensure minimal personal security and privacy which will include but not be limited to the following:
(1) Separate and adequate toilet, hand washing, and bathing facilities for females and males. Such facilities shall be in proximity of designated sleeping quarters.
(2) Separate and adequate sleeping areas for females and males. Such areas shall be enclosed by permanent walls which extend from the floor to the ceiling and a permanent door.
(3) Twenty-four (24) hour staff coverage.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Change without regulatory effect amending subsections (f)(1) and (f)(3) and amending Note filed 6-15-99 pursuant to section 100, title 1, CaliforniaCode of Regulations (Register 99, No. 25).




§10582. Outdoor and Indoor Activity Space.

The licensee shall provide indoor and outdoor activity space for residents according to the program goals and objectives.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no lter than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).




§10583. Storage Space.

(a) There shall be space available for storage of residents' personal belongings.
(b) There shall be space available for storage of equipment and supplies necessary to implement the planned activity program.
(c) There shall be space available for storage of staff members' immediate personal belongings.
(d) There shall be space available for storage of the facility records specified in this chapter.
(e) Storage space may be either permanent or portable.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).




§10584. Fixtures, Furniture, Equipment and Supplies.

(a) A comfortable temperature for residents shall be maintained at all times.
(b) All window screens shall be in good repair and be free of insects, dirt and other debris.
(c) The licensee shall provide lamps or lights as necessary in all rooms and other areas to ensure the safety of all persons in the facility.
(d) Hot water faucets used by residents for personal care shall meet the following requirements:
(1) Hot water delivered to plumbing fixtures used by residents shall not be less than 105 degrees Fahrenheit (40.5 degrees Celsius) and not more than 130 degrees Fahrenheit (54.4 degrees Celsius).
(2) Taps delivering water at 131 degrees Fahrenheit (54.9 degrees Celsius) or above shall be prominently identified by warning signs.
(e) All toilets, handwashing and bathing facilities shall be maintained in safe and sanitary operating conditions.
(f) Solid waste shall be stored, located and disposed in such a manner that will not transmit communicable diseases, emit odors, create a nuisance, or provide a breeding place or food source for insects or rodents.
(1) All containers, including moveable bins, used for storage of solid waste shall have tight-fitting covers that are kept in place. The containers and covers shall be in good repair, leakproof and rodent-proof.
(2) Solid waste containers, including moveable bins, receiving putrescible waste shall be emptied at least once per week or more often if necessary to comply with (f) above.
(g) The licensee shall provide clean linen in good repair, including lightweight, warm blankets, top and bottom bed sheets, pillow cases, mattress pads, bath towels, and wash cloths. The quantity of linen provided shall permit changing, at a minimum, once a week or with greater frequency if needed.
(h) Adequate bathing, handwashing and toilet facilities shall be provided with the maximum ratio of one facility per eight (8) residents. Space for each resident's toilet articles shall be provided.
(i) The facility shall provide each resident with an individual bed maintained in good repair, equipped with good springs and a clean mattress and supplied with pillow(s), linen and lightweight warm blankets which are clean and in good repair. Bunk beds are not excluded provided they otherwise meet these requirements.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Editorial correction of subsection (d)(1) and History 6 (Register 95, No. 43).

9. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).