Part VII. Buildings and Grounds
22VAC40-61-400. Physical environment.
A center must provide an environment that ensures the safety and well-being of the participants but is not so restrictive as to inhibit physical, intellectual, emotional, or social stimulation.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-410. Maintenance of buildings and grounds.
A. The interior and exterior of all buildings shall be maintained in good repair, kept clean and free of rubbish, and free from safety hazards.
B. All buildings shall be well-ventilated and free from foul, stale, and musty odors.
C. Adequate provisions for the collection and legal disposal of garbage, ashes, and waste material shall be made.
D. Buildings shall be kept free of infestations of insects and vermin. The grounds shall be kept free of insect and vermin breeding places.
E. Cleaning products, pesticides, and all poisonous or harmful materials shall be stored separately from food and shall be kept in a locked place when not in use.
F. All furnishings, fixtures, and equipment, including furniture, window coverings, sinks, toilets, bathtubs, and showers, shall be kept clean and in good repair and condition.
G. Grounds shall be properly maintained to include mowing of grass and removal of snow and ice.
H. A safe area for participant discharge and pick-up shall be available.
I. Adequate outdoor lighting shall be provided to ensure safe ambulation and the safety of participants during arrival and departure.
J. All interior and exterior stairways and ramps shall have a nonslip surface or carpet that shall be secured to the stairways or ramps.
K. Sturdy handrails shall be provided on all stairways, ramps, and elevators and at all changes in floor level.
L. All interior and exterior stairways, changes in floor level, and ramps shall be indicated by a warning strip or contrast in color.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-420. Lighting.
A. All areas of the center shall be adequately lighted for the safety and comfort of the participants.
B. Artificial lighting shall be powered by electricity.
C. Glare shall be kept at a minimum in rooms used by participants. When necessary to reduce glare, coverings shall be used for windows and lights.
D. If used, fluorescent lights shall be replaced if they flicker or make noise.
E. Flashlights or battery lanterns in working order shall be available at all times for emergency lighting.
F. Open flame lighting is prohibited.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-430. Heating and cooling.
A. Heat shall be supplied from a central heating plant or an electrical heating system in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63).
B. Provided their installation or operation has been approved by the state or local building or fire authorities, space heaters, such as but not limited to gas stoves, wood burning stoves, coal burning stoves, and oil heaters, or portable heating units either vented or unvented may be used only to provide or supplement heat in the event of a power failure or similar emergency. These appliances shall be used in accordance with the manufacturer's instructions. When any of these heating sources are used, care shall be taken to protect participants from injuries.
C. The temperature of the center shall be maintained at a level safe and suitable for the participants in accordance with the following:
1. The inside temperature shall be between 70°F and 84°F. This standard applies unless otherwise mandated by federal or state authorities.
2. Fans and air conditioners shall be placed to avoid direct drafts on participants and to prevent safety hazards. Any electric fans shall be screened and placed for the protection of the participants.
3. The center shall develop a plan to protect participants from heat-related and cold-related illnesses in the event of a loss of heat or cooling due to emergency situations or malfunctioning or broken equipment.
4. At least one movable thermometer shall be available in each building for measuring temperatures in individual rooms that do not have a fixed thermostat that shows the temperature in the room.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-440. General areas.
A. Any center licensed after July 1, 2000, shall provide at least 50 square feet of indoor floor space for each participant, in addition to hallways, office space, bathrooms, storage space, or other rooms or areas that are not normally used for program activities; otherwise the square footage shall be 40 square feet.
B. There shall be sufficient and suitable space for planned program activities that may be interchangeable or adaptable for a variety of activities, including meals.
1. There shall be at least one room with sufficient space for the participants to gather together for large group activities.
2. There shall be rooms or areas appropriate for small group activities and individual activities.
3. An area shall be available and accessible so that participants shall have opportunities for supervised outdoor activities. The area shall be equipped with appropriate seasonal outdoor furniture.
C. Furnishings.
1. The furniture shall be sturdy, safe, and appropriate for participants in care.
2. All centers shall have:
a. At least one chair for each participant and each staff person, excluding any people who remain in wheelchairs throughout the day;
b. Table space adequate for all participants to take part in activities at the same time; and
c. Recliners, lounge chairs, rockers, or other seating to allow participants to relax and rest.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-450. Privacy space.
Space shall be available to allow privacy for participants during interviews, visits, telephone conversations, counseling, therapy, and other similar activities.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-460. Restroom facilities.
A. There shall be a minimum of one toilet that is suitable to accommodate a participant who needs human assistance or specialized equipment available for every 10 participants, or portion thereof. For restrooms that have multiple stalls, only the toilets that accommodate a person who needs human assistance or specialized equipment shall be counted in the total required number of toilets.
B. Restrooms that are equipped with only one toilet may be used by either men or women.
C. Restrooms equipped with more than one toilet shall have each toilet enclosed.
D. Restrooms that are equipped with multiple stalls must be designated for men or for women.
E. Sturdy grab bars or safety frames shall be installed beside all toilets used by participants.
F. There shall be a minimum of one sink for every two toilets and the sinks shall be located close enough to toilets to encourage washing of hands after each toileting procedure.
G. There shall be an ample supply of hot and cold running water from an approved source available to the participants at all times.
H. Hot water at taps available to participants shall be maintained within a temperature range of 105°F to 120°F.
I. There shall be an adequate supply of toilet tissue, liquid soap, disposable hand towels, or air dryers and disposable gloves in each restroom at all times.
J. If bathing facilities are provided there shall be:
1. Handrails by bathtubs;
2. Handrails in stall showers; and
3. Seating for use in the shower and seating for use in dressing, if necessary.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-470. Dining area.
A. Dining areas shall have a sufficient number of sturdy tables and chairs to serve all participants, either all at one time or in shifts.
B. If the center is licensed for nonambulatory participants, the dining area shall be large enough to provide sufficient table space and floor space to accommodate participants in wheelchairs or other assistive equipment.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-480. Rest area.
A. A separate room or area shall be available for participants who become ill, need to rest, or need to have privacy. The separate room or area shall be equipped with one bed, comfortable cot, or recliner for every 12 participants.
B. Additional beds, comfortable cots, or recliners shall be available based on participant needs to accommodate rest periods. In centers that are open for evening or night care, beds shall be available for participants who need them.
C. A minimum of (i) one pillow covered with a pillow case, (ii) two sheets, and (iii) one blanket, spread, or covering per bed or cot shall be provided.
D. All sheets and pillow cases shall be laundered after each use.
E. Additional covering or blankets and pillows shall be available as necessary for recliners.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-490. Storage.
A. Sufficient space shall be provided to store coats, sweaters, umbrellas, toilet articles, and other personal possessions of participants and staff.
B. Sufficient space shall be available for equipment, materials, and supplies used at the center.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-500. Telephones.
A. Each building shall have at least one operable, nonpay telephone easily accessible to staff. There shall be additional telephones or extensions as may be needed to summon help in an emergency, including one that will operate during power outages.
B. Participants shall have reasonable access to a nonpay telephone on the premises.
C. Staff shall provide assistance with telephone usage to any participant upon request.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-510. Fire safety: compliance with state regulations and local fire ordinances.
A. The center shall comply with the Virginia Statewide Fire Prevention Code (13VAC5-51) as determined by at least an annual inspection by the appropriate fire official. Reports of the inspections shall be retained at the center for at least two years.
B. An adult day center shall comply with any local fire ordinance.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.