Subdivision 1. Community residential settings and day service facilities. For purposes of this section, "facility" means both a community residential setting and day service facility and the physical plant.
Subd. 2. Inspections and code compliance. (a) Physical plants must comply with applicable state and local fire, health, building, and zoning codes.
(b)(1) The facility must be inspected by a fire marshal or their delegate within 12 months before initial licensure to verify that it meets the applicable occupancy requirements as defined in the State Fire Code and that the facility complies with the fire safety standards for that occupancy code contained in the State Fire Code.
(2) The fire marshal inspection of a community residential setting must verify the residence is a dwelling unit within a residential occupancy as defined in section 9.117 of the State Fire Code. A home safety checklist, approved by the commissioner, must be completed for a community residential setting by the license holder and the commissioner before the satellite license is reissued.
(3) The facility shall be inspected according to the facility capacity specified on the initial application form.
(4) If the commissioner has reasonable cause to believe that a potentially hazardous condition may be present or the licensed capacity is increased, the commissioner shall request a subsequent inspection and written report by a fire marshal to verify the absence of hazard.
(5) Any condition cited by a fire marshal, building official, or health authority as hazardous or creating an immediate danger of fire or threat to health and safety must be corrected before a license is issued by the department, and for community residential settings, before a license is reissued.
(c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections.
(d) The facility's plumbing, ventilation, heating, cooling, lighting, and other fixtures and equipment, including elevators or food service, if provided, must conform to applicable health, sanitation, and safety codes and regulations.
2013 c 108 art 8 s 37
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245D — Home And Community-based Services Standards
Section 245D.02 — Definitions.
Section 245D.03 — Applicability And Effect.
Section 245D.04 — Service Recipient Rights.
Section 245D.05 — Health Services.
Section 245D.051 — Psychotropic Medication Use And Monitoring.
Section 245D.06 — Protection Standards.
Section 245D.061 — Emergency Use Of Manual Restraints.
Section 245D.07 — Service Planning And Delivery.
Section 245D.071 — Service Planning And Delivery; Intensive Support Services.
Section 245D.081 — Program Coordination, Evaluation, And Oversight.
Section 245D.09 — Staffing Standards.
Section 245D.091 — Intervention Services.
Section 245D.095 — Record Requirements.
Section 245D.10 — Policies And Procedures.
Section 245D.11 — Policies And Procedures; Intensive Support Services.
Section 245D.12 — Integrated Community Supports; Setting Capacity Report.
Section 245D.21 — Facility Licensure Requirements And Application Process.
Section 245D.22 — Facility Sanitation And Health.
Section 245D.24 — Community Residential Settings; Physical Plant And Environment.
Section 245D.25 — Community Residential Settings; Food And Water.
Section 245D.26 — Community Residential Settings; Sanitation And Health.
Section 245D.27 — Day Services Facilities; Satellite Licensure Requirements And Application Process.
Section 245D.28 — Day Services Facilities; Physical Plant And Space Requirements.
Section 245D.29 — Day Services Facilities; Health And Safety Requirements.
Section 245D.31 — Day Services Facilities; Staff Ratios And Facility Coverage.
Section 245D.32 — Alternative Licensing Inspections.
Section 245D.33 — Adult Mental Health Certification Standards.