DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                   DIVISION OF ADULT FOSTER CARE LICENSING

                       ADULT FOSTER CARE FAMILY HOMES


(By authority conferred on the department of social services by section  9 of 
Act No. 380 of the Public Acts of 1965, as amended, and sections 10 and 13 of 
Act No. 218 of the Public Acts of 1979, as amended, being  SS16.109, 400.710, 
and 400.713 of the Michigan Compiled Laws)


R  400.1401   Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means Act No. 218 of the Public  Acts  of   1979,   as   amended, 
being S400.701 et seq. of the Michigan Compiled Laws.
  (b) "Capacity" means the maximum number of residents for which  a  home  is 
licensed.
  (c) "Chemical restraint" means the use of any drug  or   chemical   in   an 
emergency situation to limit activity  or  aggressiveness   of   a   resident 
where such activity or aggressiveness would be harmful   to   the   resident, 
other persons, or property.
  (d) "Designated representative" means that person or   agency   which   has 
been granted the authority to  act  on  behalf  of  the   resident   by   the 
resident or which is the legal guardian of that resident.
  (e) "Health care appraisal" means a licensed  physician's   or   registered 
nurse's statement which provides an assessment  of   the   general   physical 
condition of a resident.
  (f) "Home" means an adult foster care family home.
  (g)  "House  guidelines"  means  those  guidelines   established   by   the 
licensee which constitute expectations for resident conduct.
  (h) "Members of the household" means all persons  living   in   the   home, 
exclusive of residents.
  (i) "Occupants" means all persons living in the home.
  (j) "Physical restraint" means the bodily holding of a  resident  with   no 
more force than is necessary to limit the resident's movement.
  (k) "Premises" means the facility, grounds, and all other appurtenances.
  (l) "Resident" means an adult, as defined in section 3 of  the  act,   who, 
because of mental illness, developmental disability,  physical  handicap,  or 
aged condition, requires and receives foster care in an  adult  foster   care 
family home and who does not require continuous nursing care.
  (m) "Responsible agency" means a public or  private   organization   which, 
upon written agreement  with  a  resident  or   the   resident's   designated 
representative, provides 1 or more of the following:
  (i) Preplacement and placement services.
  (ii) Assessment planning or the establishment of an  individual   plan   of 
service.
  (iii) Maintenance of ongoing follow-up services while the  resident  is  in 
the home.
  (n) "Responsible person" means the licensee or adult  designated   by   the 
licensee to provide foster care to residents.
  (o) "Street floor" means any story or floor level   which   is   accessible 
from the street or from outside the building at grade and   which,   at   the 
main entrance, is not more than 21 inches above nor more   than   12   inches 
below street or grade level at those  points,  or  a  floor   which   is   so 
arranged and used as to qualify as the main floor.
  (p) "Substantial risk" means that a resident's behavior  poses  a   serious 
imminent threat of bodily harm to himself or  herself  or   others   or   the 
destruction of property and that the resident is capable  of   carrying   out 
such harm or destruction.
  (q) "Time-out" means a behavior management technique  employed  to   reduce 
undesired behavior by separating a resident from his  or   her   surroundings 
when the undesired behavior occurs.
  (r) "Trust fund" means money or property set aside  as  a   trust   for   a 
resident for the benefit of a resident  and  held  for   safekeeping   by   a 
licensee.
  (2) Terms defined in the act have the same meanings when  used   in   these 
rules.

  History:  1984 AACS.


R  400.1402   License application fee.
  Rule 2. A $15.00 license application fee  shall   accompany   an   original 
license application and a license renewal application for  an  adult   foster 
care family home. The fee shall be nonrefundable.

  History:  1984 AACS.


R  400.1403   Licensee and applicant rights.
  Rule 3. (1) A licensee or an  applicant  shall  have  the   right   to   be 
treated with courtesy, dignity, and fairness  by  the   adult   foster   care 
licensing division staff of the department and shall  not  be   discriminated 
against on the basis of race, religion, color, national  origin,  sex,   age, 
handicap, marital status, or source of funding.
  (2) The department shall provide a licensee or an  applicant  with  written 
notice regarding appeal rights as provided by Act No. 306   of   the   Public 
Acts of 1969, as amended, being S24.201 et seq. of  the   Michigan   Compiled 
Laws, and the act, when there is official notification of   the   intent   to 
take an adverse action against an applicant or a licensee.
  (3) A licensee or an applicant shall be informed of, and  shall  have   the 
right to bring to  the  attention  of  the  supervisor   of   the   licensing 
representative, any alleged misapplication of enforcement  of  regulations by 
a licensing representative or any substantial differences of opinion  as  may 
occur  between  the   licensee   or   the   applicant   and   any   licensing 
representative concerning the proper  application  of  the   act   or   these 
rules. A meeting with the supervisor shall be afforded  upon  request.   This 
subrule notwithstanding, the licensee or the  applicant   may   contact   any 
other  official  of  the  department  regarding  issues   relating   to   the 
licensing activities of the department. Any contact with  the  supervisor  or 
any other departmental official shall not result in any  retaliation  by  the 
licensing representative.
  (4)  All  written  communications,  scheduled   and   unscheduled   visits, 
routine licensing investigations and  complaint   investigations   shall   be 
conducted according to department policy and the provisions of the act.
  (5) A licensee or an applicant may request, under the  provisions  of   Act 
No. 442 of the Public Acts of 1976, as amended, being S15.231  et   seq.   of 
the Michigan  Compiled  Laws,  copies  of  department   policies   or   other 
documents governing the licensing activities of the department.
  (6) A licensee or an applicant shall be afforded the opportunity to have  a 
conference with the licensing representative  before  the  conclusion  of   a 
routine licensing investigation or complaint investigation and,  as  soon  as 
practicable thereafter, shall receive a written   response   indicating   the 
findings of the licensing representative or any other licensing  official.
  (7) A licensee or  an  applicant  shall  have  the  right   to   review   a 
licensing study report in which refusal to renew, revocation,  or  denial  of 
license issuance is being recommended, before that   report   is   finalized, 
except in situations where the department finds cause to  invoke  a   summary 
suspension action. The licensee or the applicant shall have  the   right   to 
submit a written response within 15 calendar days to  the   licensing   study 
report. The final licensing study report shall include  the   licensee's   or 
the applicant's written response, and the response shall  be   considered   a 
part of the official record and shall be subject to  disclosure   under   the 
provisions of Act No. 442 of the Public Acts of 1976,   as   amended,   being 
S15.231 et seq. of the Michigan Compiled Laws.
  (8) A licensee or an applicant shall have the right to  provide  a  written 
response  to  the  findings  of  the  licensing   representative   or   other 
department official in the event of a licensing investigation  report  or   a 
complaint investigation report. Unless otherwise requested by the licensee or 
the applicant, in writing, the written response shall become a part   of  the 
department's official  licensing  record  and  shall  be  public  information 
according to the provisions of Act No. 442 of the Public Acts  of  1976,   as 
amended, being S15.231 et seq. of the Michigan Compiled Laws and the  act.
  (9) A licensee or an applicant may request, in   writing,   a   declaratory 
ruling as to the applicability of a rule as provided in section  63  of   Act 
No. 306 of the Public Acts of 1969, as amended, being S24.263  et   seq.   of 
the Michigan Compiled Laws and the act.
  (10) The department shall provide advice and technical  assistance  to  the 
licensee  or  the  applicant  to  assist  the  licensee   in   meeting    the 
requirements of the act  and  these  rules.  The   department   shall   offer 
consultation upon request in developing methods  for   the   improvement   of 
service.
  (11) The department shall provide a licensee  or  an   applicant   with   a 
written copy of the rights outlined in subrules (1) to (10) of  this  rule at 
the time of license application or license renewal.

  History:  1984 AACS.


R  400.1404   Licensee, responsible person, and member  of   the   household; 
qualifications.
  Rule 4. (1) A licensee and responsible person shall not be  less  than   18 
years of age.
  (2) A responsible person shall be other than a resident.
  (3) A licensee or responsible person shall possess all  of  the   following 
qualifications:
  (a) Be of good moral character to provide for the care   and   welfare   of 
the residents.
  (b)  Be  suitable  to  meet  the  physical,    emotional,    social,    and 
intellectual needs of each resident.
  (c) Be capable of appropriately handling emergency situations.
  (4) A licensee shall have sufficient financial resources  to  provide   for 
the adequate care of the family and residents.
  (5) All responsible persons and members of the  household   shall   be   of 
good moral character and suitable temperament to  assure   the   welfare   of 
residents.
  (6) A licensee shall provide the department with the name  of  any   person 
providing care for a resident or member of  the  household  who   is   on   a 
court-supervised probation or parole or who has been convicted  of  a  felony 
within the 5-year period before providing resident care.
  (7)  A  licensee  shall  require  all  members  of   the   household    and 
responsible persons who have  been  released  from  a   public   or   private 
psychiatric hospital for less than 1 year to provide  a   written   statement 
verifying the person's personal fitness to care for or be associated  with  a 
resident.  The  statement  shall   be   obtained   from   the   medical    or 
administrative director of the public or private  psychiatric  hospital   and 
shall be made available to the department.
  (8) A licensee shall have an arrangement with a responsible  person  who is 
available to provide care in an emergency situation for up to 72 hours.
  (9) A licensee, responsible person, or member of the household shall not be 
the legal guardian of a resident living  in  the   home,   except   where   a 
person is a relative or where the guardianship  relationship  existed  before 
the promulgation of these rules.

  History:  1984 AACS.


R  400.1405   Health of a licensee, responsible person, and  member  of   the 
household.
  Rule 5. (1)  A  licensee,  responsible  person,  and  a   member   of   the 
household shall be in such  physical  and  mental  health  so   as   not   to 
negatively affect either the health of the resident or the quality of  his or 
her care.
  (2) A licensee shall have on file with the department a statement signed by 
a licensed physician or his or her designee  with  regard  to  his   or   her 
knowledge of the physical health of  the  licensee   and   each   responsible 
person. The statement shall be signed within 6 months before the  issuance of 
a license and at any other time requested by the department.
  (3) A licensee shall provide the department with written  evidence  that he
 or  she  and  each  responsible  person   in   the   home   is   free   from 
communicable tuberculosis. Verification shall be within  the  3-year   period 
before employment and verification shall occur every 3  years  thereafter.

  History:  1984 AACS.


R  400.1406   Ratio of responsible persons to residents.
  Rule 6. (1) The ratio of responsible persons to residents  shall   not   be 
less than 1 responsible person to 6 residents and 2 children under the age of 
12 years or ratio thereof.
  (2) The number of occupants in a home, other than the  licensee   and   the 
licensee's spouse, shall not exceed 10 persons.
  (3) This rule does not apply to those  adult  foster   care   family   home 
applicants or licensees who applied for a license or  who   were   issued   a 
license before the promulgation of these rules.

  History:  1984 AACS.


R  400.1407   Resident  admission   and    discharge    criteria;    resident 
assessment  plan;  resident   care   agreement;   house    guidelines;    fee 
schedule; physician's instructions; health care appraisal.
  Rule 7. (1) A licensee shall not accept, retain, or care  for  a   resident 
who, in accordance with  a  licensed  physician's   medical   diagnosis   and 
opinion, requires continuous nursing care.  This  does   not   preclude   the 
accommodation of a resident who becomes temporarily ill while  in  the  home, 
but who does not require continuous nursing care.
 (2) A licensee shall not accept or retain a resident  for  care  unless  and 
until a resident assessment plan is  made  and  it  is  determined  that  the 
resident is suitable pursuant to the following provisions:
  (a) The amount of personal care, supervision, and  protection  required  by 
the resident is available in the home.
  (b) The kinds of services and skills required  of  the  home  to  meet  the 
resident's needs are available in the home.
  (c) The resident appears to be compatible with other residents and  members 
of the household.
  (3) In situations where a resident is referred for admission, the  resident 
assessment plan shall be conducted in conjunction with the  resident  or  the 
resident's  designated  representative,  the  responsible  agency,  and   the 
licensee.  A licensee  shall  maintain  a  copy  of  the  resident's  written 
assessment plan on file in the home.
  (4) In situations where a resident is referred for emergency admission  and 
the licensee agrees to accept the admission, a resident assessment plan shall 
be conducted within 15 calendar days following the emergency admission.   The 
resident assessment plan shall be conducted in accordance to  the  provisions 
outlined in subrules (2) and (3) of this rule.
  (5) At the time of a resident's admission, a licensee  shall   complete   a 
written resident care agreement which shall  be   established   between   the 
resident or the  resident's  designated   representative,   the   responsible 
agency, and the licensee. A department form shall  be   used   unless   prior 
authorization for a substitute form has been granted  in   writing   by   the 
department. A resident shall be provided the care and services  as  stated in 
the written resident care agreement.
  (6) A licensee shall review the written resident care  agreement  with  the 
resident or  the  resident's  designated   representative   and   responsible 
agency at least annually or more often if necessary.
  (7) A licensee shall contact a resident's physician for instructions  as to 
the care of the resident under the following conditions:
  (a) If the resident is under the care of a physician at the  time  of   the 
resident's admission to the home.
  (b) If the resident requires the care of a physician while  living  in  the 
home.
  (8) A licensee shall record in the  resident's   record   the   physician's 
instructions for the care of the resident as required in   subrule   (7)   of 
this rule.
  (9) If a resident is not under the care of a physician at   the   time   of 
the resident's admission to the home, the licensee shall  require  that   the 
resident or the resident's designated  representative   provide   a   written 
health care appraisal  completed  within  the  90-day   period   before   the 
resident's admission to the home. If a written health   care   appraisal   is 
not available, a licensee shall require that the appraisal  be  obtained  not 
later than 30 days after admission. A department form shall  be  used  unless 
prior authorization for a substitute form has been granted  in   writing   by 
the department.
  (10) A licensee may establish house  guidelines.   House   guidelines,   if 
established,  shall  be  provided  in  writing  to  the   resident   or   the 
resident's designated representative and responsible agency upon admission to 
the home or, if established after  a  resident's  admission  to   the   home, 
immediately thereafter. House guidelines shall  not   conflict   with   these 
rules.
  (11) A licensee shall provide  a  resident  or  his   or   her   designated 
representative and responsible agency with a statement of the  fee  policy at 
the time of admission.  A  fee   statement   shall   include   all   of   the 
following:
  (a) A description of services to be provided and the fee.
  (b) A description of additional costs above the basic fee policy.
  (c) A description of the transportation costs in the  basic  fee  structure 
and the transportation which is provided at extra cost.
  (12) A licensee shall provide a resident with a   30-day   written   notice 
before discharge from the home. The written notice shall  state  the  reasons 
for discharge. A  copy  of  the  written  notice  shall  be   sent   to   the 
resident's designated representative and responsible agency.
  (13) A licensee may discharge a resident before the 30-day  notice  when it 
has been determined that any of the following exists:
  (a) Substantial risk or an occurrence of self-destructive behavior.
  (b) Substantial risk or an occurrence of serious physical assault.
  (c) Substantial risk or an occurrence of destruction of property.
  (14) A licensee who discharges a resident pursuant to   subrule   (13)   of 
this rule  shall  notify  the  resident's   designated   representative   and 
responsible agency within 24 hours  before   discharge.   Such   notification 
shall be followed  by  a  written  notice  to   the   resident's   designated 
representative and responsible agency stating the reasons  for  discharge.
  (15) A licensee shall not change the residency of a   resident   from   one 
home to another without the  written  approval  of  the   resident   or   the 
resident's designated representative and responsible agency.
  (16) A licensee shall not  establish  any  policies   that   restrict   the 
resident's ability to make his or her own living arrangements.
  (17) At the time of  discharge,  a  licensee  shall   provide   copies   of 
resident records to the resident and his or  her  designated   representative 
when requested and as determined appropriate by the resident or  his  or  her 
designated representative. A fee charged for copies   of   resident   records 
shall not exceed the cost to the licensee for making the copies available.

  History:  1984 AACS.

Editor's Note: An obvious error in R 400.1407 was corrected at  the   request 
of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended 
by 2000 PA 262, MCL 24.256.  The rule containing the error was  published  in 
Annual Administrative Code Supplement 1984.  The memorandum requesting  the   
correction  was published in Michigan Register, 2009 MR 6.


R  400.1408   Resident care; licensee responsibilities.
  Rule 8. (1) A licensee shall provide basic   self-care   and   habilitation 
training in accordance with the resident's written assessment plan.
  (2) A licensee shall assure the availability of transportation services.
  (3) A licensee  shall  provide  the  following  when   specified   in   the 
resident's written assessment plan:
  (a) Direction and opportunity  for  the  growth  and   development   of   a 
resident which are achieved through activities   which   foster   independent 
functioning, such as dressing, grooming, manners,  shopping,  cooking,  money 
management, and use of public transportation.
  (b) Opportunity for involvement  in  educational,   employment,   and   day 
program opportunities.
  (4) A licensee shall provide all of the following:
  (a) Opportunity for the resident to develop positive social skills.
  (b) Opportunity for the resident to  have  contact   with   relatives   and 
friends.
  (c) Opportunity for community-based recreational activities.
  (d) Opportunity for privacy and leisure time.
  (e) Opportunity for religious  education  and   attendance   at   religious 
services of the resident's religious faith.

  History:  1984 AACS.


R  400.1409   Resident rights; licensee responsibilities.
  Rule 9. (1) Upon a resident's admission to the home,  the  licensee   shall 
inform  and  explain  to  the  resident  or   the    resident's    designated 
representative all of the following resident rights:
  (a) The right to be free from discrimination against   the   provision   of 
services on the basis of race, religion, color, national  origin,  sex,  age, 
handicap, marital status, or source of payment.
  (b) The right to exercise his or her   constitutional   rights,   including 
the right to vote, the right to  practice  the  religion  of   his   or   her 
choice, the right to freedom of movement, and  the  right   of   freedom   of 
association.
  (c) The right to refuse participation in religious practices.
  (d) The right to write, send, and receive uncensored and  unopened  mail at 
his or her own expense.
  (e)  The  right  of  reasonable  access  to  a   telephone   for    private 
communications. A  licensee  may  charge  a  resident   for   long   distance 
telephone calls. A pay telephone shall not be considered  as   meeting   this 
requirement.
  (f) The right to voice grievances and present recommendations pertaining to 
the policies and services of the  home  without  fear   of   retaliation.   A 
resident shall be informed of the home's complaint process.
  (g)  The  right  to  associate  and  have   private   communications    and 
consultations with his or her physician, attorney, or any  other  person   of 
his or her choice.
  (h) The right to participate in the activities of  social,  religious,  and 
community groups at his or her own discretion.
  (i) The right to use the services of advocacy  agencies   and   to   attend 
other community services of his or her choice.
  (j) The right of reasonable access to and use of  his   or   her   personal 
clothing and belongings.
  (k) The right to have contact with relatives  and   friends   and   receive 
visitors in the home at a reasonable time.
  (l) The right to employ the services of a   physician,   psychiatrist,   or 
dentist of his or her choice for obtaining medical,  psychiatric,  or  dental 
services.
  (m) The right to refuse treatment and services, including  the  taking   of 
medication, and to be made aware of the consequences of that refusal.
  (n) The right to request and receive  assistance   from   the   responsible 
agency in relocating to another living situation.
  (o) The right to be treated with consideration  and   respect,   with   due 
recognition of personal dignity, individuality, and the need for  privacy.
  (p) The right of access to his or her room at his or her own discretion.
  (2) A licensee shall provide the resident and  the  resident's   designated 
representative with a written copy of the rights outlined in  subrule  (1) of 
this rule upon a resident's admission to the home.

  History:  1984 AACS.


R  400.1410   Resident protection.
  Rule 10. A licensee  or  responsible  person  shall  always   be   on   the 
premises when a resident is in the home.

  History:  1984 AACS.


R  400.1411   Resident behavior management; general requirements.
  Rule 11. (1) A licensee shall ensure that methods  of  behavior  management 
are positive and relevant to the needs of the resident.
  (2)  Methods  of  behavior  management   shall    encourage    cooperation, 
self-esteem, self-direction, and independence, and shall  be  administered in 
accordance with a resident's written assessment plan.

  History:  1984 AACS.


R  400.1412   Resident behavior management; prohibitions.
  Rule 12. (1) A licensee shall not mistreat or permit the mistreatment of  a 
resident  by  responsible  persons  or  other  occupants  of  the  home.
Mistreatment includes any intentional action or omission  which   exposes   a 
resident to a serious risk of physical or emotional harm.
  (2) A licensee, responsible person, or any person  living   in   the   home 
shall not use any of the following methods  of  handling   a   resident   for 
discipline purposes:
  (a) Any form of severe punishment or physical force.
  (b) Restricting a resident's movement by binding or tying.
  (c) Confining a resident in an area such as a closet, locked room,  box, or 
similar cubicle.
  (d) Withholding necessary food, rest, or toilet use.
  (e) Mental or emotional cruelty,  including  subjecting   a   resident   to 
verbal abuse, making derogatory remarks about the resident  or   members   of 
his or her family or making malicious threats.
  (f) Refusing the resident entrance to the home.

  History:  1984 AACS.


R  400.1413   Resident behavior management;  time-out  restriction;  time-out 
reporting.
  Rule 13. (1) A licensee shall not use  time-out   unless   authorized,   in 
writing, in the resident's written  assessment  plan,   by   the   resident's 
designated representative and responsible agency.
  (2) A licensee shall not use time-out until he or  she   has   successfully 
completed time-out training as required by the responsible agency.
  (3) A licensee shall maintain a written record  of   each   occurrence   of 
time-out. The record shall include all of the following information:
  (a) The nature of the time-out.
  (b) The reason for time-out.
  (c) The types of less restrictive alternatives which were tried.
  (d) The name of the person authorizing the use of time-out.
  (e) The times and dates time-out was used.
  (4) A licensee shall make available reports of all uses  of  time-out  when 
requested by the resident's designated representative, responsible agency, or 
the department.

  History:  1984 AACS.


R  400.1414   Resident behavior management;  use   of   physical   restraint, 
physical restraint report.
  Rule 14. (1) Excluding those forms of behavior management prohibited  in  R 
400.1412, physical restraint may be used when  it  has  been  determined that 
any of the following exists:
  (a) Substantial risk or an occurrence of self-destructive behavior.
  (b) Substantial risk or an occurrence of serious physical assault.
  (c) Substantial risk or an occurrence of destruction of property.
  (2) Physical restraint shall be used  to  the  minimum   extent   and   the 
minimum duration necessary, and then only after less  restrictive  means   of 
protection have failed.
  (3) Physical restraint shall be  employed  to  allow   the   resident   the 
greatest  possible  comfort  and  to  avoid  physical   injury   and   mental 
distress.
  (4) If a resident requires the repeated and prolonged   use   of   physical 
restraint or time-out within a 24-hour period, the licensee shall initiate  a 
review process which includes all  responsible  persons  and  the  resident's 
designated representative and responsible agency to evaluate the need  for  a 
more intensive treatment setting.
  (5) All uses of physical restraint shall  be  noted   in   the   resident's 
record. This notation shall include all of the following information:
  (a) The nature of the physical restraint used.
  (b) The reason for the use of physical restraint.
  (c) The types of less restrictive alternatives which were tried.
  (d) The person authorizing the physical restraint.
  (e) The times and dates physical restraint was administered.
  (6) A licensee shall make available reports  of  all   uses   of   physical 
restraint when requested  by  the   resident's   designated   representative, 
responsible agency, or the department.

  History:  1984 AACS.


R  400.1415   Resident    behavior     management;     chemical     restraint 
restriction; chemical restraint report.
  Rule 15. (1) The use of a chemical restraint shall   only   be   prescribed 
and authorized by a licensed physician.
  (2) When a  chemical  restraint  is  administered  by   the   licensee   or 
responsible person, the licensee or responsible person  shall   contact   the 
resident's physician within a reasonable  period  of   time   following   the 
administration of the chemical restraint.
  (3) A licensee shall initiate a review process as stated   in   R  400.1414 
when a resident requires the repeated and  prolonged  use   of   a   chemical 
restraint.
  (4) All uses of a chemical restraint shall be noted   in   the   resident's 
record. This notation shall include all of the following information:
  (a) The type of chemical restraint used.
  (b) The reason for the use of the chemical restraint.
  (c) The types of less restrictive alternatives which were tried.
  (d) The name of the physician who prescribed and  authorized  the  chemical 
restraint.
  (e) The time and date the chemical restraint was administered.
  (5) A licensee shall make available reports of all uses   of   a   chemical 
restraint when requested  by  the   resident's   designated   representative, 
responsible agency, or the department.

  History:  1984 AACS.


R  400.1416   Resident health care.
  Rule 16. (1) A licensee, in conjunction with  a   resident's   cooperation, 
shall  follow  the  instructions  and  recommendations   of   a    resident's 
physician with regard to such items as  medications,   special   diets,   and 
other resident health care needs that can be provided in the home.
  (2) A licensee shall maintain a health care appraisal on   file   for   not 
less than 2 years from the resident's admission to the home.
  (3) A licensee shall record the weight of a resident  upon  admission   and 
monthly thereafter. Weight records shall be kept on file for 2 years.
  (4) A licensee shall make a reasonable attempt to  contact  the  resident's 
next  of  kin,  designated  representative,  and   responsible   agency    by 
telephone, followed by a  written  report  to   the   resident's   designated 
representative and responsible agency  within  48  hours  of   any   of   the 
following:
  (a) The death of a resident.
  (b) Any accident or illness requiring hospitalization.
  (c) Incidents involving displays of  serious  hostility,   hospitalization, 
attempts at self-inflicted harm  or  harm  to  others,   and   instances   of 
destruction to property.
  (5) A copy of the written report required in subrule (4)   of   this   rule 
shall be maintained in the home for a period of not less than  2   years.   A 
department form shall be used unless prior authorization  for  a   substitute 
form has been granted in writing by the department.

  History:  1984 AACS.


R  400.1417   Absence without notice.
  Rule 17. (1) If a resident is absent without  notice,   the   licensee   or 
responsible person shall do both of the following:
  (a) Make a reasonable attempt to contact the  resident's   next   of   kin, 
designated representative, and responsible agency.
  (b) Contact the local police authority.
  (2) A licensee shall make a reasonable attempt to pursue  other  steps   in 
locating the resident.
  (3)  A  licensee  shall  submit  a  written  report   to   the   resident's 
designated representative and responsible agency in all  instances  where   a 
resident is absent without notice. The report shall be  submitted  within  24 
hours of each occurrence.

  History:  1984 AACS.


R  400.1418   Resident medications.
  Rule  18.  (1)   Prescription    medication,    including    tranquilizers, 
sedatives, dietary supplements, or individual  special  medical   procedures, 
shall be given or applied only as prescribed by a   licensed   physician   or 
dentist. Prescription medication shall be kept in   the   original   pharmacy 
container which shall be labeled for the specific  resident   in   accordance 
with the requirements of Act No. 368  of  the  Public  Acts   of   1978,   as 
amended, being S333.1101 et seq. of the Michigan Compiled Laws.
  (2) Medication shall be given pursuant to label instructions.
  (3) Unless a resident's physician specifically states  otherwise,  all  the 
giving, taking,  or  application  of  prescription   medications   shall   be 
supervised by the licensee or responsible person.
  (4) When a licensee or  responsible  person  supervises   the   taking   of 
medication by a resident, the licensee or responsible  person  shall   comply 
with the following provisions:
  (a) Maintain a record as to the time  and  amount   of   any   prescription 
medication given or applied. Records of prescription  medication   shall   be 
maintained on file in the home for a period of not less than 2 years.
  (b) Not adjust or modify a resident's   prescription   medication   without 
agreement and instructions from  a  physician  or  a   pharmacist   who   has 
knowledge of the medical needs of the resident. A licensee  shall  record  in 
writing any adjustments or  modifications  of   a   resident's   prescription 
medication.
  (5)  Prescription   medication   shall   be   kept    in    the    original 
pharmacy-supplied and  pharmacy-labeled  container,  stored   in   a   locked 
cabinet or drawer, refrigerated if required, and labeled  for  the   specific 
resident.
  (6)  A  licensee  shall  take  reasonable  precautions   to   insure   that 
prescription medication is not used by a person other   than   the   resident 
for whom the medication was prescribed.
  (7) Prescription medication which is no longer required   by   a   resident 
shall be destroyed after consultation with a physician or a pharmacist.

  History:  1984 AACS.


R  400.1419   Resident nutrition.
  Rule 19. (1) A licensee shall provide a minimum of  3  regular   nutritious 
meals daily. Not more than 14 hours shall elapse between  the   evening   and 
morning meal.
  (2)  A  licensee  shall  assure  proper    food    preparation,    serving, 
sanitation, and safety.
  (3) Meals shall meet the nutritional allowances   recommended   under   the 
"Suggested Daily Eating Guide" section, which is adapted  from  the   "United 
States Department of Agriculture's Daily Food  Guide   (1979),"   and   based 
upon the "Recommended Dietary Allowances (1980),"  and   contained   in   the 
publication entitled "Basic Nutrition Facts," pages 28   and   29,   Michigan 
department of public health publication no. H-808,  1980.  This   publication 
may be obtained without charge from Nutrition Services,  Bureau  of  Personal 
Health Services, Michigan Department of Public  Health,   P.O.   Box   30035, 
Lansing, Michigan 48909.
  (4) Special diets shall be prescribed only by a   physician.   A   resident 
who has a special diet prescribed by a physician shall be  provided  such   a 
diet.
  (5) The department may  require  menus  to  be  written   when   there   is 
substantial noncompliance with this rule.  If  menus   are   required,   they 
shall be kept until substantial compliance with subrules  (1)   to   (4)   of 
this rule has been determined by the department.

  History:  1984 AACS.


R  400.1420   Resident hygiene.
  Rule 20. (1) A licensee shall afford  a  resident   the   opportunity   for 
daily bathing.
  (2) A licensee shall afford a resident facilities for daily shaving.
  (3) A licensee shall afford a resident opportunities  to  obtain  haircuts, 
hairsets, or other grooming processes.
  (4) A licensee shall afford a resident   opportunities,   and   instruction 
when necessary, to dress as fashion and season warrant.
  (5) A licensee shall afford a resident who is  capable,  opportunities   or 
instructions when necessary, to routinely launder  clothing.  Clean  clothing 
shall be available at all times.
  (6) A licensee shall  afford  a  resident  the   opportunity   to   receive 
assistance in bathing, dressing, or personal hygiene from a  member  of   the 
same sex, unless otherwise stated  in  the  home's   admission   policy   and 
written resident care agreement.

  History:  1984 AACS.


R  400.1421   Handling of resident funds and valuables.
  Rule 21. (1) A licensee may accept a resident's funds  and  valuables   for 
safekeeping, to be held in trust with the licensee, upon   request   from   a 
resident or the resident's designated representative.
  (2) All resident funds and valuables  which  have  been   accepted   by   a 
licensee for safekeeping shall be treated  by  the  licensee   as   a   trust 
obligation.
  (3) A licensee shall have a resident's funds  and   valuables   transaction 
form completed and on file for each resident. A department  form   shall   be 
used unless prior authorization for a substitute form has  been  granted   in 
writing by the department.
  (4) All resident funds and trust fund accounts shall   be   kept   separate 
and apart from all funds and monies of the licensee.
  (5) Except for trust fund accounts, a  licensee  shall   not   accept   for 
safekeeping money and valuables exceeding  a  value  of   $200.00   for   any 
resident in the home. Trust fund accounts between  the   licensee   and   the 
resident are subject to a $1,500.00 limitation.
  (6) All trust fund account transactions shall require  the   signature   of 
the resident or the resident's designated representative and the  licensee or 
prior written approval   from   the   resident   or   resident's   designated 
representative.
  (7) A resident's account shall be individual to the  resident.  A  licensee 
shall be prohibited from having any ownership  interest   in   a   resident's 
account and shall verify such in a written statement to   the   resident   or 
the resident's designated representative.
  (8) A licensee, responsible person, and members  of   the   licensee's   or 
responsible person's family shall not borrow money  or   valuables   from   a 
resident, with or without the consent of the resident.   A   licensee   shall 
further take reasonable precautions to assure the  prohibition  of  financial 
transactions between a resident and other occupants of the home.
  (9) A licensee shall obtain prior written approval from  a   resident   and 
his or  her  designated  representative  before  charges  are   made   to   a 
resident's account.
  (10) Charges against the resident's account shall not  exceed  the   agreed 
price for the services rendered and goods furnished or  made   available   by 
the home to the resident.
  (11) A licensee shall provide a  complete  accounting   of   all   resident 
funds and valuables held for safekeeping and in  trust   fund   accounts   or 
paid  to  the  home  to  the  resident  or  to  his   or    her    designated 
representative on a quarterly basis. A receipt  for   resident   expenditures 
shall be maintained by the licensee and shall be provided to the  resident or 
designated representative upon request. The accounting of a  resident's funds 
and valuables held for  safekeeping  or  paid  to  the  home  shall  also  be 
provided, upon the resident's or designated  representative's  request,   not 
later than 5 banking days following the request and at  the   time   of   the 
resident's discharge from the home.
  (12) A licensee shall return the full  amount  of   funds   and   valuables 
remaining in the  account  to  the  resident  or  his   or   her   designated 
representative not later than 5 banking days following the request or date of 
discharge.
  (13) A licensee shall report the death of a resident in  writing   to   the 
public administrator of the Michigan Department of  Attorney  General,   1800 
Michigan Plaza Building, 1200 Sixth Street, Detroit,  Michigan   48226,   not 
later than 10 calendar days following the death of the resident.

  History:  1984 AACS.


R  400.1422   Resident records.
  Rule 22. (1) A licensee shall complete and maintain   a   separate   record 
for each resident and shall provide record information as  required  by   the 
department. A resident record shall include, at  a  minimum,   all   of   the 
following information:
  (a) Identifying  information,  including,  at  a  minimum,   all   of   the 
following:
  (i) Name.
  (ii) Social security number.
  (iii) Home address.
  (iv) Name,  address,  and  telephone  number  of  the  next   of   kin   or 
designated representative.
  (v) Name, address, and telephone number of person  or  agency   responsible 
for the resident's placement in the home.
  (vi) Name, address, and telephone number of the  preferred  physician   and 
hospital.
  (b) Date of admission.
  (c) Date of discharge and place to which resident was discharged.
  (d) Health care information, including all of the following:
  (i) Health care appraisals.
  (ii) Medication logs.
  (iii) Statements and instructions for supervising prescribed medication.
  (iv) Instructions for emergency care.
  (e) Resident care agreement.
  (f) Assessment plan.
  (g) Weight record.
  (h) Incident and accident reports.
  (i) Resident funds and valuables record.
  (j) Resident grievances and complaint record.
  (2) Resident records shall be kept on file in the home for  2  years  after 
the date of a resident's discharge from a home.

  History:  1984 AACS.


R  400.1423   Resident recreation.
  Rule 23. (1) A licensee shall make reasonable  provision   for   a   varied 
supply of leisure and recreational equipment appropriate   to   the   number, 
care, needs, and interests of the residents. Such  leisure  and  recreational 
equipment shall be safe, clean, in good repair, and easily accessible.
  (2) Equipment and materials shall encourage and  reinforce   all   of   the 
following:
  (a) Social interaction.
  (b) Further growth through first-hand experiences.
  (c) Social graces.
  (d) Productive utilization of leisure time.

  History:  1984 AACS.


R  400.1424   Environmental health.
  Rule 24. (1) The water supply shall be adequate, of a  safe  and   sanitary 
quality, and from an approved source. Hot and  cold   running   water   under 
pressure shall be provided.
  (2) All sewage shall be disposed of in a public sewer system  or,  in   the 
absence thereof, in a manner approved by the health authority.
  (3) All garbage and rubbish containing food  wastes  shall   be   kept   in 
leakproof, nonabsorbent  containers  which  shall  be   kept   covered   with 
tight-fitting lids and removed from the premises at least weekly.
  (4) Effective measures shall be taken to protect against  the  entrance  of 
vermin into the home and against the breeding or presence of  vermin  on  the 
premises.
  (5) Poisonous and toxic materials shall be identified and  shall  be   used 
only in such manner and under such conditions as will not contaminate food or 
constitute a hazard to residents.
  (6) Open windows shall be screened from May to October.

  History:  1984 AACS.


R  400.1425   Food service.
  Rule 25. (1) All food shall  be  from  sources   approved   or   considered 
satisfactory by the department and shall be clean;   wholesome;   free   from 
spoilage, adulteration, and misbranding; and safe for  human  consumption.
  (2) While being stored, prepared, or served, or during transportation to  a 
home, all food shall be protected from contamination.
  (3) All perishable food shall be stored  at  such   temperature   as   will 
protect  against  spoilage.  All  potentially  hazardous   food   shall    be 
maintained at safe temperatures (40 degrees Fahrenheit  or   below   or   140 
degrees  Fahrenheit  or  above),  except  during   necessary    periods    of 
preparation and service.
  (4) All equipment and utensils shall be so designed and  of  such  material 
and workmanship as  to  be  easily  cleanable.  All   eating   and   drinking 
utensils shall be thoroughly cleaned after each usage.

  History:  1984 AACS.


R  400.1426   Maintenance of premises.
  Rule 26. (1) The premises shall  be  maintained  in  a   clean   and   safe 
condition.
  (2) All living, sleeping, and kitchen areas shall be   well   lighted   and 
ventilated.
  (3) A roof, exterior walls,  doors,  skylights,  and   windows   shall   be 
weathertight and watertight and shall be kept in sound  condition  and   good 
repair.
  (4) Floors, interior walls, and ceilings shall be sound,  in  good  repair, 
and maintained in a clean condition.
  (5) All plumbing fixtures and water and waste pipes   shall   be   properly 
installed and maintained in good  working  condition.   Each   water   heater 
shall be equipped with a thermostatic temperature control  and   a   pressure 
relief valve, both of which shall be in good working condition.
  (6) All water closet compartments, bathrooms, and  kitchen  floor  surfaces 
shall be constructed and maintained so as to be  reasonably   impervious   to 
water and to permit the floor to be easily kept in a clean condition.
  (7) Stairways shall have sturdy and securely   fastened   handrails   which 
are not less than 30, nor more than 34 inches above the  upper   surface   of 
the tread. Exterior and interior stairways shall  have   handrails   on   the 
open sides. Porches shall also have handrails on the open sides.
  (8) Scatter or throw rugs on hard finished floors shall  have   a   nonskid 
backing.
  (9) Handrails and nonskid surfacing shall be installed   in   showers   and 
bath areas.
  (10)  Sidewalks,  fire  escape  routes,  and  entrances   shall   be   kept 
reasonably free of hazards, such as ice, snow, and debris.
  (11) A yard area  shall  be  kept  reasonably  free   from   all   hazards, 
nuisances, refuse, and litter.
  (12) Cooking appliances shall be properly installed  in   accordance   with 
the manufacturer's recommended safety  practices.  Where   metal   hoods   or 
canopies are provided, they shall be equipped with filters  which  shall   be 
maintained in an efficient condition and kept clean at all times.
  (13) A written report shall be made to the adult  foster   care   licensing 
division of the department, the resident's  designated  representative,   and 
responsible agency within 48 hours, excluding holidays   and   weekends,   of 
the occurrence of fire or severe weather conditions that  result  in   bodily 
injury or property damage exceeding $100.00.

  History:  1984 AACS.


R  400.1427   Living space.
  Rule 27. (1) A licensee shall provide, per occupant, not   less   than   35 
square feet of indoor living space, exclusive of  bathrooms,  storage  areas, 
hallways, kitchen, and sleeping areas.
  (2) A resident shall not be housed above a second  floor   of   a   3-story 
single-family residence.
  (3) Living and sleeping areas for a resident shall  be   contained   within 
the home.
  (4) Subrules (1) and (2) of this rule do not apply to  those  adult  foster 
care family home applicants or licensees who applied for a  license  or   who 
were issued a license before the promulgation of these rules.

  History:  1984 AACS.


R  400.1428   Dining space.
  Rule 28. A family home shall have dining space which  can  accommodate  all 
occupants in the home at the same time.

  History:  1984 AACS.


R  400.1429   Room temperature.
  Rule 29. All occupied rooms of a home shall be heated  at   a   temperature 
not less than 68 degrees Fahrenheit.

  History:  1984 AACS.


R  400.1430   Bathrooms.
  Rule 30. (1) Toilets, bathtubs, and showers shall  provide  for  individual 
privacy.
  (2)  Bathroom  doors   may   be   equipped    with    positive    latching, 
non-locking-against-egress hardware. Hooks  and  eyes,   bolts,   bars,   and 
other similar devices shall not be used on bathroom doors.
  (3) A home shall have a minimum of 1 toilet, 1 lavatory,  and   1   bathing 
facility for each 8 occupants of the home.
  (4) A home housing more than 8 occupants  shall  have  a   minimum   of   2 
toilets, 2 lavatories, and 2 bathing facilities.
  (5) Subrule (4) of this rule does not apply to those  adult   foster   care 
family home applicants or licensees who applied for a license  or  who   were 
issued a license before the promulgation of these rules.

  History:  1984 AACS.


R  400.1431   Bedrooms generally.
  Rule 31. (1) A living room, dining room,  hallway,   basement,   or   other 
room not ordinarily used for sleeping  shall  not  be   used   for   sleeping 
purposes by residents of the home.
  (2) Bedrooms for residents shall be separated from  halls,  corridors,  and 
other rooms by floor to ceiling walls.
  (3) Interior  doorways  of  bedrooms  occupied  by   residents   shall   be 
equipped with  a  side-hinged,  permanently  mounted   door   equipped   with 
positive-latching, non-locking-against-egress hardware.
  (4) Traffic to and from  any  room  shall  not  be   through   a   resident 
bedroom.
  (5) Bedrooms shall have at least 1 window.
  (6) Residents of the opposite sex shall not occupy the  same  bedroom   for 
sleeping purposes, unless they are husband and wife.
  (7) A resident having impaired mobility, as  determined   by   a   licensed 
physician, shall not sleep in or be assigned a bedroom  located   above   the 
street floor in a single-family residence.
  (8) A resident shall be  provided  with  reasonable   storage   space   for 
storage of his or her personal belongings.

  History:  1984 AACS.


R  400.1432   Bedroom space; "usable floor space" defined.
  Rule 32. (1) As used in this rule,  "usable  floor   space"   means   floor 
space that is under a ceiling which is not less than 6 feet   6   inches   in 
height, excluding closets and space under a portable wardrobe.
  (2) A bedroom shall have not less than 65 square feet   of   usable   floor 
space per bed.
  (3) A maximum of 4 beds shall be allowed in any multi-occupancy bedroom.
  (4) There shall not be less than a 3-foot clearance between   beds   in   a 
multi-occupancy bedroom.

  History:  1984 AACS.


R  400.1433   Bedroom furnishings.
  Rule 33. (1) Bedroom  furnishings  shall  include   an   adequate   closet, 
wardrobe, or a dresser.
  (2) Rollaway beds, cots, double-deck beds,  stacked   bunks,   hide-a-beds, 
and day beds shall not be used by residents for sleeping.
  (3) A licensee shall provide a resident with a bed that is not less than 36 
inches wide and 72  inches   long,   with   comfortable   springs   in   good 
condition, a clean protected mattress which is  not  less   than   5   inches 
thick or 4 inches thick if of synthetic construction, and with  a  pillow.

  History:  1984 AACS.


R  400.1434   Linens.
  Rule 34. (1) A licensee shall provide bedding which includes  2  sheets,  a 
pillow case, a minimum of 1 blanket, and a bedspread. Bed  linens  shall   be 
changed at least weekly or more often if soiled.
  (2) A licensee shall  provide  towels  and  washcloths   which   shall   be 
changed at least weekly or more often if soiled.

  History:  1984 AACS.


R  400.1435   Interior finish of walls and ceilings; prohibited materials.
  Rule 35. (1) Asphalt paper; cork;  cardboard;   carpeting,   whether   fire 
retardant treated or not;  foam  plastics;  plastic   materials;   or   other 
finish materials that will contribute to the rapid spread of  fire  or   give 
off dense smoke or toxic gases shall not be permitted as  interior  finish of 
a home.
  (2) This rule shall only apply to those adult foster  care   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1436   Interior finishes and materials.
  Rule 36. (1) Interior finish  materials  shall  be  a   minimum   class   C 
throughout the home.
  (2) Interior finish materials shall be securely attached  to,   or   furred 
out at least 1 inch from, dry wall, plaster,  masonry   wall,   ceiling,   or 
natural solid wood which is a minimum of 3/4 of an inch thick.
  (3) The attaching of interior finish materials,  other   than   dry   wall, 
plaster, or natural solid wood, which is a  minimum  of  3/4   of   an   inch 
thick,  directly  to  wall  studs  or  to  floor  or   ceiling   joists,   is 
prohibited.
  (4) Class C materials shall be those  interior   finish   materials   which 
have the following minimum classifications:
  (a) Flame spread -- 76-200.
  (b) Smoke density -- 126-200.
  (5) This rule does not apply to those  adult  foster   care   family   home 
applicants or licensees who applied for a license or  who   were   issued   a 
license before the promulgation of these rules.

  History:  1984 AACS.


R  400.1437   Smoke detection equipment.
  Rule 37. (1) At least 1 single-station smoke detector shall be installed at 
the following locations:
  (a) Between the sleeping areas and the rest of the home.  In   homes   with 
more than 1 sleeping area, a smoke detector shall be  installed  to   protect 
each separate sleeping area.
  (b) On each occupied floor, in the basement, and in areas   of   the   home 
which contain flame- or heat-producing equipment.
  (2) If batteries are used as a source of energy, they shall be  replaced in 
accordance with the recommendations  of   the   smoke   or   heat   detection 
equipment manufacturer.
  (3) Detectors shall  be  tested  and  examined  as   recommended   by   the 
manufacturer.
  (4) Approved heat detectors may be installed in the kitchen  and  in  other 
areas of the home containing flame- or heat-producing  equipment  instead  of 
smoke detectors.
  (5) Detectors mounted on ceilings shall be spaced not less  than  6  inches 
away from any walls. Detectors mounted on walls shall be  spaced  between   6 
and 12 inches away from the ceiling. A smoke detector shall  not  be  mounted 
where ventilation systems or other obstructions keep smoke away.
  (6) This rule shall only apply to those adult foster  care   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1438   Emergency   preparedness;   evacuation    plan;    emergency
  transportation.
  Rule 38. (1) A licensee  shall  have  an  evacuation   plan   and   written 
procedures to be followed in case of fire, medical   emergency,   or   severe 
weather emergency. Residents  who  require  special   assistance   shall   be 
identified in the written procedure.
  (2) The evacuation plan and emergency procedures   shall   be   prominently 
posted in the home.
  (3) A telephone shall be available and accessible in  the  home.  Emergency 
telephone numbers, including fire, police, physician,  health   agency,   and 
ambulance, shall be  conspicuously  posted  immediately   adjacent   to   the 
telephone.
  (4) Fire drills shall be conducted 4 times a year. Two of  the  4  required 
fire drills shall be conducted during sleeping hours. A record  of  the  fire 
drills shall be incorporated with the evacuation plan.
  (5) A licensee shall assure that residents and all occupants  of  the  home 
are familiar, to the best of their ability, with the  evacuation   plan   and 
emergency procedures.
  (6) A licensee shall assure emergency transportation through the use  of an 
ambulance service or a vehicle  owned   or   in   the   possession   of   the 
licensee or responsible person.
  (7) This rule shall only apply to those adult foster  care   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1439   Means of egress; wheelchairs.
  Rule 39. (1) Family homes accommodating residents  who  regularly   require 
wheelchairs shall minimally be equipped with 1 ramp located  at   a   primary 
means of egress from the first floors.
  (2) A ramp shall not exceed 1 foot of rise in 12 feet of  run   and   shall 
terminate on a firm surface or solid unobstructed ground  which  will   allow 
the wheelchair occupant to move a safe distance away from the building.
  (3) This rule shall only apply to those adult foster  care   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1440   Heat-producing equipment.
  Rule 40. (1) Heating shall be from an approved central  heating  plant   or 
factory mutual and underwriters laboratories labeled  or  listed  permanently 
installed, fixed-type electrical heating, such as a   recognized   panel   or 
baseboard electrical heating system.
  (2) A furnace, water  heater,  heating   appliances,   pipes,   woodburning 
stoves and furnaces, and other flame- or heat-producing  equipment  shall  be 
installed in a fixed  and  permanent  manner  and  in   accordance   with   a 
manufacturer's instructions and shall be maintained in a  safe  condition.
  (3) Where conditions indicate  a  need   for   inspection,   heat-producing 
equipment shall be inspected by a qualified inspection  service.   If   there 
are violations, a copy of the inspection report shall be  submitted  to   the 
department, together with a written corrective action plan. A  copy  of   the 
certificate of approval from the qualified  inspection   service   shall   be 
maintained in the home and available for department review.
  (4) Hot water pipes and steam  radiators   located   in   resident-occupied 
areas shall be shielded to protect against burns.
  (5) Portable heating devices shall not be used.
  (6) Heat-producing equipment located in a basement   shall   be   separated 
from the remainder of the home by means of a   floor   separation.   Standard 
building material shall be sufficient for the floor  separation   and   shall 
include at least a 1 3/4-inch solid wood core door or  equivalent  which   is 
installed in a substantially fully stopped wood or steel frame  and  which is 
so constructed to effectively stop the spread of smoke  and  fire.  The  door 
shall   be   equipped   with   an   automatic   self-closing   device     and 
positive-latching hardware.
  (7) This rule shall only apply to those adult foster  care   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1441   Electrical service.
  Rule 41. (1) The electrical  service  shall  be  maintained   in   a   safe 
condition.
  (2) Where conditions indicate a  need  for   inspection,   the   electrical 
service shall be inspected by a qualified electrical  inspection  service.
If there are  violations,  a  copy  of  the  inspection   report   shall   be 
submitted to the department, together with a  corrective   action   plan.   A 
copy  of  the  certificate  of  approval  from   the   qualified   electrical 
inspection service shall be maintained  in  the  home   and   available   for 
department review.
  (3) This rule shall only  apply  to  those  adult   foster   family   homes 
licensed or proposed to be licensed after March 27, 1980.

  History:  1984 AACS.


R  400.1442   Exemption from rules.
  Rule 42. (1) Upon written request  of  an  applicant   or   licensee,   the 
department may grant an exemption from an administrative rule  if  there   is 
clear and convincing evidence that the alternative to   the   rule   complies 
with the intent of the administrative rule from which exemption is sought.
  (2) The decision of the department, including the  conditions  under  which 
the exemption is granted,  shall  be  entered  upon  the   records   of   the 
department, and a signed copy shall be sent to the applicant or  licensee.
This exemption may be time-limited or may remain in effect for  as  long   as 
the licensee continues to comply with the intent of the rule.
  (3) An exemption granted pursuant to this rule is  not  transferrable  from 
one applicant to another or from one licensee to another.

  History:  1984 AACS.