5123:2-3-02 Licensed residential facilities - physical environment standards, fire safety, and emergency response planning.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Developmental Disabilities

Agency Name

 

Becky Phillips

Division                                                                  Contact

 

30 East Broad Street, 12th Floor Columbus OH 43215-3414

[phone]     (614)

644-5013

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5123:2-3-02

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Licensed     residential     facilities     -     physical     environment

standards, fire safety, and emergency response planning.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5123.04, 5123.19, 5124.03

5.  Statute(s) the rule, as filed, amplifies or implements: 5123.04, 5123.19, 5124.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The Department is rescinding 23 existing rules governing licensed residential facilities and bringing forth 10 new replacement rules.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with Section

5123.19 of the Revised Code are provided a safe, healthy, and home-like living environment that meets their specific needs.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The incorporated references are to the National Fire Protection Association Life Safety Code which is generally available to the public at depository libraries and on the internet at www.nfpa.org.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Revised paragraph (A) from:

This rule establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with section

5123.19 of the Revised Code are provided a safe, healthy, and home-like living environment that meets their specific needs.

to:

This rule establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with section

5123.19 of the Revised Code are provided a safe, healthy, and homelike living environment that meets their specific needs.

Added new paragraph (B)(6):

"Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

Revised paragraph (C)(1) from:

The operator shall ensure that the residential facility remains in compliance with the feasibility, space, and usage requirements for residential facilities set forth in paragraphs (E) and (F) of rule 5123:2-3-08 of the Administrative Code.

to:

The operator shall ensure that the residential facility remains in compliance with the feasibility, space, and usage requirements for residential facilities set forth in paragraphs (D) and (E) of rule 5123:2-3-08 of the Administrative Code.

Revised paragraph (E)(1) from:

Each residential facility shall have a fire safety plan and an emergency response plan that are approved by the state fire marshal or local authority.

to:

Each residential facility shall have a fire safety plan and an emergency response plan that are approved by the state/local authority.

Revised paragraph (E)(15) from:

The operator shall report to the department within one business day any fire responded to by a local fire department.

to:

The operator shall report to the department within one business day any fire to which a local fire department responded.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No

Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$ 0

Rescinding the existing rule and bringing forth a new replacement rule will neither increase nor decrease revenues or expenditures for the Department.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

653407 (Medicaid Services)

653604 (DC & ICF/IID Program Support)

653605 (DC and Residential Services and Support) 653606 (ICF/IID and Waiver Match)

653607 (Intensive Behavioral Needs)

653609 (DC and Residential Operating Services) 653624 (County Board Waiver Match)

653632 (DC Direct Care Services) 653639 (Medicaid Waiver Services) 653653 (ICF/IID)

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

New rule 5123:2-3-04 replaces two existing rules (5123:2-3-10 and 5123:2-3-11) and does not impose any new requirements.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

Paragraph (E)(15) requires the operator to report to the Department any fire responded to by a local fire department. Paragraph (E)(16) requires the operator to report to the Department when an emergency requires the operator to relocate individuals from the residential facility.