HomeMy WebLinkAboutR-94-0052J-93-8W(a)
1/7/94
RESO=CK NO. V
l
A PESO] UTICN AFFIRMING THE DECISION OF THE ZCQM G
BOARD IN GRANTING THE SPECIAL E CCEPTION AS LISTED IN
ORDINANCE No. 11000, As AMENDED, THE Z M G ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SSE OF DISTRICT RE13U ATIONS , R-3 MULTIFAMILY
MEDIUM-DERSITY RESIDENTIAL, CCNDITICNAL PRINCIPAL
USES, TO ALLOW THE UONVEfiSICEN OF RESIDENTIAL
STRUCTURES TO AN ADULT CONGREGATE LIVING FACILITY
(VMCH IS A TYPE OF COMMUD M-BASED RESIDENTIAL
FACILITY) FOR A TOTAL OF THIRTY-SEVEN (37) RESIDENTS
AND CNE (1) EMPLOYEE; RQQUESTIIr:r A REDUCTION OF THREE
(3) RDQUIRED PAR MNG SPACES FROM THE TEN (10) RE MM
PARKII3G SPACES, PER ARTICLE 9, SECTION 934.2.2.5 OF
THE Z M4G ORDINANCE, SUBJECT TO CITY CCbMSSIC K
APPROVAL, FOR THE PROPERTY ICCA,TED AT 2100-2110
NORTHWEST 28TH STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL, PER PLANS ON FILE, SUBJECT
TO THE F OLLOWIM 0ONDITIC KS s (A) A COPY OF THE HEALTH
AND REHABILITATIVE SERVICES (H.R.S.) LICENSE ISSUED TO
THE APPLICANT SHALL BE RECEIVED BY THE CITY OF MIAMI; j
(B) THE VISITATION POLICY AND THE STAFF PA Mry POLICY
SHALL BE REVIEWED AND APPROVED BY THE CITY OF MIAMI
PIS, BULLDM AND ZONM DEPARTMENT; CC) A TIME
LIMITATION OF TWELVE (12) MCIc M IN WHICH A BUILDING
PERMIT MUST BE OBTAINED; AND (D) THE BAC EM G OF CARS
INTO THE RIGHT --OF WAY SHALL BE PROHIBITED.
WHEREAS, the City of Miami. Zoning Board at its meeting of November 15,
1993, Item No. 2, duly adopted Resolution No. ZB 112-93 by a seven to zero
(7-0) vote, to grant the Special Exception, with approval by the City
Commission, as listed in Ordinance No. 11000, as amended., the Zoning Oxdinance
of the City of Miami, Florida, Article 4, Section 401, Schedule of District
Regulations, R-3 Multifamily Medium -Density Residential, Conditional. Principal
Uses, subject to the conditions set forth herein below; and
CITY COMMISSION
MEETING OF
JAN 2 7 1994
Resolution No.
9 4 - 52
W
WHMMS, the City Commission after careful consideration of this matter
finds that the requested Speolal Exception as conditionally approved by the
Zoning Board meets the applicable requirements of Zoning Ordinance No. 11000,
as amended;
Section 1. The recitals and findings set forth in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. The decision of the Zoning Board in granting a Special
Exception as listed. in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, Article 4, Section 401, Schedule of District
Regulations, R-3 Multifamily Medium -Density Residential, Conditional Principal
Uses, to allow the conversion of residential structures to an adult congregate
living facility (which is a type of cotmmi dty-based residential facility) for
a total of thirty-seven (37) residents and one (1) employee; requesting a
reduction of three (3) required parking spaces from the ten (10) required
parking spaces, per Article 9, Section 934.2.2.E of the Zoning Ordinanoe,
subject to City Commission approval, for the property located. at 2100-2110
Northwest 28th Street, Miami,, Florida, also described as Lots 5 and 6 less the
N 10', Block E, ALLAPA'ZTAH HIGMIANDS, as recorded in Plat Book 12 at Page 24
of the Public Records of Dade County, Florida; zoned R-3 Multifamily Medium -
Density Residential., per plans on file, subject to the following conditions:
(A) a copy of the Health and Rehabilitative Services (H.R.S.) license issued
to the applicant shall be received by the City of Miami; (B) the visitation
Policy and the staff parking policy shall be reviewed and approved by the City
Of Miami. Plasuii.ng, Building and. Zoning Department; (C) a time limitation of
-2- 9 4 - 52
twelve (12) months in which a building permit must be obtained; and (D) the
baokbV of oars into the right-of-way shallbe prohibited, is hereby affirmed
i
j and the Special. Exception is hereby granted.
Section 3. This Resolution shall become effective imyediately
upon its adoption.
PASSED AND ADAPTED this 27th day of January 1994.
siskm P. , MAYOR
.���ulr /CIS �� •
CITY ATE
CM2: awa: bss • C
52
0
0
ZONING FACT SHEET PZ=2
LOCATION/LEGAL 2100-2110 NW 28 Street
Lots 5 & 6 less the N 10', Block 5, ALLAPATTAH HIGHLANDS (12-24) PRDC
APPLICANT/OWNER Catalina B. Calderon
2825 SW 129 Avenue
Miami, Florida 33175
553-2323
ZONING R-3 Multifamily Medium -Density Residential
REQUEST Special Exception requiring City Commission approval, as listed in Ordinance No.
11OOO,as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
Schedule of District Regulations, R-3, Multifamily Medium Density Residential,
Conditional Principal Uses, to allow the conversion of residential structures to an
adult congregate living facility (which is a type of community based residential
facility)for a total of thirty-seven(37) clients and one(1) employee; requesting a
reduction of three(3) required parking spaces, per Article 9, Section 934.2.2.5.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval.
PUBLIC WORKS No comments,no cars back up into the right of way.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited:
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00
Lien Recorded on: N/A Total Fines To Date: N/A
CEB Action: N/A
HISTORY
ANALYSIS Due to the fact that there are no other adult congregate living facilities within a radius of
2500 feet and that the client population in the census tract is less than 2%, any potentially
adverse impact on the neighborhood has been largely mitigated. The City recognizes the need for
such facilities and the Department is recommending approval of the special exception subject
to: a) an approved HRS license and the submittal of: b) a visitation policy and c) a staff
parking policy so that the requested reduction is clearly justified.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Granted for 12 Mos., subject to conditions, (Res. No. 112-93)
93- 202
Page 1 November 15, 1993
94- 52
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Mr. Elba Morales offered the following Resolution and
moved its adoption.
RESOLUTION ZB 112-93
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1305 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING BOARD GRANTED THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000,.
AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL
USES, TO ALLOW THE CONVERSION OF RESIDENTIAL
STRUCTURES TO AN ADULT CONGREGATE LIVING
FACILTITY (WHICH IS A TYPE OF COMMUNITY BASED
RESIDENTIAL FACILITY) FOR A TOTAL OF THIRTY
SEVEN (37) RESIDENTS AND ONE (1) EMPLOYEE;
REQUESTING A REDUCTION OF THREE (3) OF THE
TEN (10) REQUIRED PARKING SPACES, PER ARTICLE
9, SECTION 934.2.2.5 OF THE ZONING ORDINANCE,
SUBJECT TO CITY COMMISSION APPROVAL, FOR THE
PROPERTY LOCATED AT 2100-2110 NORTHWEST 28TH
STREET, ALSO DESCRIBED AS LOTS 5 & 6 LESS THE
N 10', BLOCK 5, ALLAPATTAH HIGHLANDS (12-24)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, PER
PLANS ON FILE. THIS SPECIAL EXCEPTION HAS A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED AND IT IS
SUBJECT TO THE ATTACHED CONDITIONS A, B, AND
C FROM THE PLANNING DIVISION OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT, AND NO CARS
BACK UP INTO THE RIGHT-OF-WAY, PER THE PUBLIC
WORKS DEPARTMENT'S RECOMMENDATION.
Upon being seconded by Ms. George Barket, the motion
was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Sands, Luaces, Barket,
Alonso-Poch and Milian
NAPES: None
ABSENT: Messrs. Moran-Ribeaux, Fox and Gener.
Ms. Fernandez: Motion carries 7 to 0.
November 15, 1993 Item #2
Zoning Board
94-
5
52
J
APPLICATION FOR SPECIAL EXCEPTION File Number
Within the City generally, or within certain zoning districts,
certain structures, uses, and/or occupancies specified in this
ordinance are of a nature requiring special and intensive review
to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and.
safeguards which should be applied as reasonably necessary to
promote the general purposes of this Zoning Ordinance, and, in'
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and judgement of the Zoning bard be
exercised in tsking such determinations, in accordance with the
rules, considcrations and limitations relating to Special
Exceptions. (See Article 15)
Formal public notice and hearing is mandatory for Special '
Exceptions. The Zoning Ward shall be solely responsible for
determinations on applications for Special Exceptions. All -
applications shalt be referred to the director of the Department
of Planning, Suiiding and Zoning for his recommendations and the a
director shall make any further referrals required by these
regulations. v
5. 2,jL1or.zotj hereby apply to the city of Mimi oniaq � far
approval of a Special Exception for property located at o2/� Gll//
z 14F ONW 2e ST
Nature of Proposed Use (de specific) b C L F
s,
In support of this application, the following material is submitted:
1. Two copies of a surrey of the property prepared by a State of Florida
Registered Land Surveyor.
2. Four copies ofs tho site plan showing (as required) property boundaries,
existing (if my) and proposed structure( ), parking, landscaping
ate; building elevations and ditiensions and conputg►:ions of lot area
./� and building spacing.
3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
4. Certified list of owners of real estate within a 375-t6ot radius of the
outside boundaries of property covered by the application.
5. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify) L4LUcf
7. Foe of $• to apply toward the cost of processing:
94•- 52
11W
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
LETS S A-(. � Lgss tar_ uot<7�-+ lot THece nt: trt aloe-- S, ov AktI P&tu&. t- r- 6At&mt) s,
A,CC0001" C; TO THE PINT TF:CQCOF, MFCacZOtto 1N Pt.&T QtOCK LZ
-pS PuRL.tc QCGo20 $ ptr 0 & 0 a CaUniT,t, 'FLoa%v i
Z100 A. Z( IC Nw 2.8 SiT M(d. ►M,(�F(. Cw
2. Owmer(s) of subject real property and percentage of ownership. Note: ,City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject natter of a presentation, request or
petition to the City Coaoission. Accordingly, question 1Z requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Ca?^1-tr14A a. C&Lat=rzcw eF ZBzS Sw \29 Av. 1`-tteMt Flocztoo
NerZ stw1P
3. legal description and street address of any real property (a) owned by any party
tasted in answer to question It, and (b) located within 379 feet of the subject
real property.
//0 X)
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OVNER 7 ATTORNEY FOR OWNER
-COMMN.
STATE OF FLORIDA } SS:
CONIV OF OAOE } a
CAIAL4 N A 0, .- Ck►-bQLVJ , bean! My swM, deposes am says that he is the
(Owwr) (Attorney for OWN.) of the real pro'arty described in answer to question fl,
a e; that he has read the foregoing answers W that the saes are trw ow complete;
and (if acting as attorney for owner) that he bit vkhority to_axpci toad Disetosvro
of Ownership fore on behalf of the owner.
� .�✓i
�( Lcota�j B. C'alderon
SWORN TO APO SU11SC 1118
before so this j
day of 4��Z�
Notary lic, State olpFlorlds at Large
MY MISSION EXPIRES:
NOTARY PUBLIC STATE OF FLORIDA
8MY COWISSION EXP. DEC. 3'
1994
BONGED THRU GENERAL INS- U10% 9 4 — 5 2
® 1
® Corzo Castel la Carballo Thompson, P.A.
® Engineers - Architects - Planners
October 27, 1993
Ms. Nancy Rodriguez
Administrative Assistant
Planning Building and Zoning Dept.
Hearing Board Division
275 N.W. 2nd Street
Miami, Florida 33233
REFERENCE:. ACLF @ 2100/2110 N.W. 28th Street
C3T Job Number: 0313-01.03
Dear Ms. Rodriguez,
Pursuant to our conversation with Ms. Teresita Fernandez, please accept the following
as our statement of proposed use for this project as an ADULT CONGREGATE LIVING
FACILITY as further described in Chapter 1OA-5 of the Florida Administrative Code and
Chapter 400, Part 11 of the Florida Statutes. Both the Statutes and Code require Florida
Department of Health and Rehabilitative Services Licensing and continuing inspections
once initial licensing is secured. All required Licenses are currently in process and will
require this permit for issuance.
Neither the Florida State Statues of Administrative Code, both of which governs the FHRS
licensing procedure, set a given ratio of staff to clientele.
With regard to the parking deficiency as per section 934.2.2.5 of the City of Miami Zoning
Ordinance, please accept this as our statement that the clients of this proposed facility
will require only one parking space per 6 clients for use as visitors parking only. This
ratio is derived from our experience with ACLF for an older client base. In addition, no
client will be allowed a vehicle for personal use to be located, stored or otherwise kept
on this property. Proposed staff required parking will be for two permanent staff spaces.
Staff will be required to serve in staggered eight hour shifts for a twenty four hour cycle
thus only two spaces will be required. Neither of the Florida codes or statutes require
parking within their respective physical plant requirements. A copy of the relevant sections
is enclosed for your review. Therefore, due to the site's proximity to the county buss lines
along 22nd avenue, the facility's historical parking requirements and the need for staff
parking, we hereby request that a reduction for the required parking be granted together
and as apart of our Special Exception permit application as follows:
Total Client/Staff Parking Required Provided
37 clients 1 per 6 Clients 6
(Visitors only)
1 Staff 1 per staff 1
75 Valencia, 6th Floor, Coral Gables, Florida 33134 9 4 ,
(305) 445-2900 Florida 1 (800) 448-0227 FAX (305) 445-3366 52
AA=142
�7
Ms. Nancy Rodriguez
10/27/93 Page 2
With regard to Ms. Fernandez's question regarding total parking as proposed on the
record prints, please note that we are aware of the zoning departments review letter
whereby the parking along N.W. 21 st Avenue will not be allowed to back on to this street.
We have also noted that the northernmost parking space was condemned to allow its use
for a turn -around as a part of this review. We therefore propose that the condemned
space be relocated to the north a distance of 20 feet so as to maintain the given usable
total of seven spaces.
Should any further documentation or statements be required, please feel free to call.
Most Sincerely,
CORZO CASTELLA CARBALLO THOMPSON, PA.
erardo Salman, I.A..
Principal Archite
ENCLOSURE: Section 10A-5.023 Florida Administrative Code
Section 400.4445 Florida Statutes
c: Ms Catalina Calderon
0310-01.03
10 94- ��
deparVnent shall otter alternate solutions for comolylrig with established standards, based on distinctions made by the Cecar*-ert
relative to the physical charactensoc9 of lacilities and the types Of care offered therein.
.1 The depart
ment shall suorrut a copy Of proposed rules to the Speaker of the House Of �epreserlaf�es
president of the Senate. and appropriate comrruttees of substance for review and comment bnor to the crcmulgatlon !hereof
'a) Rules promulgated by the department snail encourage the deveicbmert .I -.Omehke !ac.uues *� c
promote the digriry nCivlduallty, zersonai strengths anc decisidrmaking ability of residents.
,b) The department may waive rules promulgated pursuant to this part in order to demorsttate Jr
evaluate innova5ve Jr ocSt effective congregate care alternatives which enable Individuais to age In place Such wavers may tie
granted only in ristances *mere ;here Is reasonable assurance that the health, safety or welfare of residents will nct be endarc_ereo
To apply for a waiver the licensee Shall SUOrrut 10 the department a written description of the concept !0 be lernorstrated
ncluding goals, objectives and anticicated benefits the number and types of residents who will be affec!ed. f =c:Icacie a ^ref
description of how the demonstration will be evaluated: and any other information deemed appropriate by ine department Any
facility granted a waiver shall submit a report of findings to the department within 12 months. At such time. the deparment may
renew or revoke the waiver or pursue any regulatory or statutory changes necessary to allow other facilities to adopt the Same
practices.
(4) The department may use an abbreviated biennial inspection which consists of a review of key quality -of -care
standards in lieu of a full inspection In facilities which have a good record of past performance. However, a full inspection snail be
conducted to facilities which have had a history of class I or class 11 violations or uncorrected class III violations within the previous
ficensure pencil immediately preceding the inspection or when a potentally senous problem is identified dunng the abbreviated
inspection The department Shall develop the key quality -of -care standards with input form the State Long -Term Care Facilities
Ombudsman Council and representatives of provider groups for incorporation into its rules. On or before March 1, i99r the
department shall report to the Legislature concerning its Implementation of this subsection. The report shall Include. at a minirn(1rn.
the key quality -of -care standards which have been developed: a description of the process used to develop the standards.
Including other groups involved: the number of facilities Identified as being eligible for the abbreviated inspection. the number of
facilities which have received the abbreviated inspection and. of those, the number that were converted to full Inspection the
number and type of subsequent complaints received by the department on facilities which have had abbreviated Inspections: any
recommendations for modification to this subsection; any plans by the department to moddy its Implementation of this subsection
and any other Information which the department believes should be reported.
(5) A fee may be charged to any person requesting a copy Of this part or rules promulgated hereunder Such tees
shall not exceed the actual cost of dupficauon and postage.
400.442 Pharmacy and dietary services.--
1) vorwithstancting the provisions of S. 400.419. any adult congregate living facility In which the department has
documented a class I or class 11 deficiency or uncorrected class III deficiencies regarding medicinal drugs or over-the-counter
brecaramns or dletary services, or both, dunng a biennial survey or a monnonng visit or an investigation in response to a
complaint, shall be required to employ the consultant services of a licensed pharmacist or a registered or licensed dietitian, or both
as applicable. The consultant shall provide onsrte consultation and shall continue with, at a minimum, onsrte quarterly consunaacm
until the inspection team from the department (3e11e1"IiYne9 that such consultation services are no longer required.
12) The department shall employ at least two pharmacists licensed pursuant to chapter 465 among its personnel
who biennially Inspect adult congregate living facilities licensed under this part, to participate in brennial inspections or consult with
the aeouirrient regarding deficiencies relating to medicinal drugs or over-the-counter preparations, Including but not limited to,
their storage. use delivery. or administration.
400.444 Construction and renovation: requirements. --The requirements for the construction and renovation of a
facility snail comply wan the provisions of chapter 553 which pertain to building construction standards, including plumbing.
electrical code. glass manufactured buildings. accessibility for the physically disabled. and the state minimum building code
400.4445 Compliance with local zoning requirements. --No facility licensed under this part commence any
construction which will expand the size of the existing structure unless the licensee first submits to 'the department proof that such
construction will be in compliance with applicable local zoning requirements. Facifines with a licensed cap" of lei&*an 15
persons shall comply with the provisions Of chapter 419.
:.0
21 94- 52
provided wrth single service cups or clean drinking utensils which shall be stored and dispensed in a
manner to prevent contamination. Common drinking cups are prohibited.
(3) Hot and cold running water under pressure shall be provided to all rest room lavatories and
bathing areas. Hot water service to lavatories, showers and baths for resident use shall be capable of
supplying water at a minimum of 105 degrees Fahrenheit and a maximum of 115 degrees Fahrenheit. A
resident whose room or apartment nss its own hot water heater may set the hot water temperature to suit
his preference. To prevent scalding, hot water temperatures shall not exceed 110 degrees Fahrenheit.
10A-5.0222 Sewage.
All sewage and liquid waste shall be disposed of in accordance with Chapter 17-601 or Chapter
10D-6, F.A.C., whichever is applicable.
10A-5.0223 Garbage and Rubbish.
(1) All garbage, trash and rubbish shall be collected daily and placed in storage facilities. Garbage
shall be removed from storage facilities frequently enough to prevent a potential health hazard. Wet
garbage shall be collected and stored in impermeable, leak proof, fly tight containers pending disposal. All
containers, storage areas and surrounding premises shall be kept clean and free of vermin.
(2) The method of disposal shall not create sanitary nuisance conditions and shall comply with
provisions of Chapter 17.7, 17.701. and 17.710. F.A.C.
(3) When applicable, biohazardous waste generated or managed by the facility shall be managed
in accordance with Chapter 100-104. 17.712, and 17.730, F.A.C.
10A-5.023 Physical Plant Standards
(;) The facility shall provide uncrowded, safe, and sanitary housing appropriate for services
provided and needs of the residents.
(2) All doors which constitute the means of egress shall be arranged in such a way as to be readily
opened from the side from which egress is to be made when the building is occupied.
(3) All areas of the facility occupied by residents, including sleeping rooms, common areas,
hallways. bathrooms, and dining areas shall be climatically controlled in a safe and functional manner,
conducive to the comfort and privacy of the residents. There shall be a means of providing an average cf
20 footcandles of light within residents' sleeping and living areas and stairwells. Twenty footcandles of light
are equivalent to a 100 watt bulb.
(a) Heat shall be supplied from a central heating plant or by an approved heating system
that is in good condition and operational.
(b) When outside temperatures are 65 degrees Fahrenheit or below, a temperature of at
least 72 degrees Fahrenheit shall be maintained in all areas used by residents during hours when residents
are normally awake. During night hours, when residents are asleep, a temperature of at least 68 degrees
Fahrenheit shall be maintained. These temperatures apply unless otherwise mandated by Federal or State
authorities. Residents who have individually controlled thermostats in their own rooms shall be
encouraged to comply with these standards.
(c) Mechanical cooling devices shall be used in those areas of buildings used by residents
when inside temperatures exceed 85 degrees Fahrenheit. No residents shall be in any inside resident area
that exceeds 90 degrees Fahrenheit.
(d) All electric fans, except ceiling paddle fans, shall be screened and shall not have
broken or missing sections of grills. All electric fans shall be placed for the protection of the resident.
Ceiling fans shall be securely fastened at a height that shall not endanger residents. Ceiling fans are -
acceptable in facilities with sprinkler systems.
(e) Cooling devices shall be placed to minimize drafts.
(4) All resident sleeping rooms shall be for the exclusive use of residents. Facilities 'shall provide
separate sleeping accommodations for live-in staff and their family members. All'resWnt sleeping rooms
shall be ventilated, well lighted and located convenient to a bathroom. -
(5) Resident sleeping rooms designated for single occupancy shall provide £minimum inside
measurement of 80 square feet usable floor space. except for those facilities initially licensed prior to the
12 27 _ 52
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1984 amendment to this rule and for which a square footage waiver was granted by the department.
Usable floor space does not include closet space or bathrooms.
(6) Resident sleeping rooms designated for multiple occupancy shall provide a minimum inside
measurement of 60 square feet usable floor space per bed, except for those facilities initially licensed prior
to the 1984 amendment and for which a square footage waiver was granted by the department.
(7) Resident sleeping rooms of facilities licensed or renovated on or after October 1 1979 shall
have a maximum occupancy no greater than four.
(8) All resident sleeping rooms shall open directly into a corridor, common use area or to the
outside. A resident shall be able to exit his bedroom without having to pass through another bedroom
unless the 2 rooms have been licensed as one bedroom. This does not apply to facilities comprised of
apartments.
(9) Each resident bedroom ~here furnishings are supplied by the facility shall be furnished with
the following at a minimum:
(a) Personal storage space such as dressers, chests, wardrobes, or other furniture
designed for storage of personal effects. A table, personal reading light, bedside lamp or floor lamp, waste
basket, and comfortable chair shall be provided if requested.
(b) Adequate space to place a wardrobe in which clothes may be hung, 0 there is no
closet.
(c) A clean, comfortable bed shall be placed in a designated bedroom, excluding
efficiency apartments, and shall be in good repair with a mattress not less than 36 inches in width and 72
inches in length with the top surface of the mattress a comfortable height to assure easy access by the
residents. Each resident shall have his own bed I he so desires The mattress shall be clean, free of
odors, stains, rips, tears, or lumpy stuffing.
(10) Bathrooms shall be ventilated, adequately lighted, and have hot and cold running water.
(a) Each bathroom shall have a door in working order to assure privacy.
(b) When there is more than one toilet or bathing facility in a bathroom, provisions are
required for privacy.
(c) Facilities shall provide one toilet and sink per six residents and one bathing facility
shall be provided per eight residents.
(d) There shall be ion -slip safety devices such as bath mats or peel off stickers in the
showers and bathtubs of all facilities. Modern showers and bathtubs with a non-skid surface require a
separate non-skid device only if the surface is worn. Grab bars shall be required in showers and bathtubs
in all facilities. Grab bars. whether portable or permanent, shall be securely affixed to the bathtub or
shower, or to adjoining walls if the grab bars are easily reachable.
(e) Hot and cold water faucets shall be identified byiise of H and C initials or by red and
blue painted shading or dots.
(f Bathrooms used by physically handicapped residents shall be equipped to ensure
safety and independent mobility.
(g) Sole access to toilet or bathing facilities shall not be through another resident's
sleeping room, except in apartments within a facility.
(11) The dining area shall be suitably lighted, ventilated and furnished.
(12) A room, separate from sleeping areas, shall be provided where residents may read, engage in
socialization or other leisure time activities. Comfortable chairs or sofas, which are in good repair, shall be
provided in this communal area.
(13) A minimum of 35 square feet of living and dining space per resident, live-in staff, and live-in
family member shall be provided by each facility except those comprised of apartments. This space shall .
include living, dining, recreational, or other space designated accessible to the resident and shall not
include bathrooms, corridors, storage space or screened porches which cannot be adgted far.year round
use. Facilities with bedrooms which include living space may count the living space square footag@ and
any excess bedroom square footage as part of the 35 square footage living and dining Ipace requirements.
Those facilities which were licensed as of May 14, 1981, which demonstrate complianci4ith all otl5er
applicable rules shall be granted a 10 percent waiver in the square footage requirement tipon request.
Those facilities also serving as day care centers shall provide 35 square feet living and bitting space
requirements per resident and day care client.
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(14) Live-in staff and family members shall be provided with sleeping space separate from the
sleeping space and congregate space required for residents.
(15) The kitchen and food preparation area shall be well -lighted, ventilated and located apart from
other areas which could occasion food contamination. All doors and windows in the facility that open to
the outside shall be screened unless the faciidy is centrally climatically controlled. However, all facility
doors and windows, including facilities with central heat and air, that are opened to the outside for
ventilation shall be screened
(16) Facilities which provide their own laundry service shall have sufficient area and equipment
which is in good working oroer ano property maintained and adequate for the amount of laundry to be
processed. Facilities may provide personal laundry services for residents and may make arrangements for
light mending of clothing.
(17) If the facility agrees to provide linens to a resident, the linens shall be free of tears, stains.
odors, and not threadbare.
(IS) Safety and Fire Protection.
(a) Fire safety protection shall be governed by Chapter 4A-40, F A.C., Uniform Fire Safety
Standards for Adult Congregate Living Facilities. Compliance with fire safety standards shall be determined
by the Office of Licensure and Certification; however the department shall not duplicate fire inspections
performed by salaried and state certified state or local fire marshals, where such fire inspections have been
completed within the last 365 days in conformance with Chapter 4A-40, F.A.C., and have been
documented.. In every instance, a facility shall have complied with Chapter 4A-40, F.A.C., before a license
may be issued. A copy of Ch. 4A-40 F.A.C., can be obtained by contacting the Department of State,
Bureau of Administrative Code, The Capitol, Tallahassee, Florida, 32301. The department shall, however,
be responsible for the biennial inspection of:
1. The facility's written Disaster Preparedness Plan;
2. Exits to ensure that they are accessible and are not blocked;
3. All facility fire protection systems to ensure that they are in good working order;
4. Potential facility hazards related to combustible materials; and
5. Fire drill records to ensure that they are being conducted in conformance with
Chapter 4A-40, F A.C., and any evacuation plan developed and approved by the local fire marshal.
(b) Documented fire drills in accord with Chapter 040, F.A.C., shall be conducted by all
facilities. Fully sprinklered ACLFs that are in comp,,ance with the above fire satety standards shall not be
required to conduct more than one of the required fire drills between the hours of 11 p.m. and 7 a.m. per
year.
(c) The State Fire Marshal shall be the final administrative authority for fire safety
standards established and enforced for the ACLF program.
(19) Facilities which serve non -ambulatory residents shall ensure that the facility has been
adequately adapted for use by non -ambulatory residents and meets the requirements of Section 504 of the
Civil. Rights Act of 1964.
(20) When calculating the required number of toilets and tubs or showers, the toilet and bathing
facilities ratio per resident shall include all live-in staff or family members who will be using those facAfties.
(21) Facility grounds shall be maintained in a safe, sanitary, presentable condition and kept free of
refuse, Iftter, and vermin breeding or harborage areas.
(22) Facilities that have a swimming pool and are licensed for eight or more residents must have a
permit issued by the Environmental Health Program Office, Public Health Engineering, Private pools and
spas not for use by residents are exempted from this requirement. All swimming pools shall be in
compliance with chapter 514, F.S., and applicable local regulations concerning fencing and entrance
gates.
(23) Indoor radon testing as mandated by section 404.056, F.S., shall be completed by all
facilities.
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10A-5.024 Records. The owner or administrator of a facility shall maintain th"Vollo*ohng written
records in a place, form and system ordinarily employed in good business practices. All records required
by this chapter and not exempt pursuant to 400.435(4)• F S., shall be accessible to department staf#. AJI
resident contracts shall be retained for five years after expiration. i
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