§ 2800.101. Resident living units.
(a) A residence shall provide a resident with the resident’s own living unit unless the conditions of subsection (c) are met.
(b) The following conditions apply to a residence:
(1) For new construction of residences after January 18, 2011, each living unit for a single resident must have at least 225 square feet of floor space measured wall-to-wall, excluding bathrooms and closet space. If two residents share a living unit, there must be a total of 300 square feet in the living unit. Exceptions to the size of the living unit may be made at the Department’s discretion.
(2) For facilities in existence prior to January 18, 2011, each living unit must have at least 160 square feet measured wall to wall, excluding bathrooms and closet space. If two residents share a living unit, there must be a total of 210 square feet in the living unit. Exceptions to the size of the living unit may be made at the Department’s discretion.
(3) Each living unit must have a telephone jack and individually controlled thermostats for heating and cooling.
(4) The doors in living units, including entrance doors, must be accessible or adaptable for wheelchair use.
(c) Two residents may voluntarily agree to share one living unit provided that the agreement is in writing and contained in each of the resident-residence contract of those residents. A licensee may not require residents to share a living unit. The maximum number of residents in any living unit shall be two residents.
(d) Kitchen capacity requirements are as follows:
(1) New construction. For new construction of residences after January 18, 2011, the kitchen capacity, at a minimum, must contain a cabinet for food storage, a small bar-type sink with hot and cold running water and space with electrical outlets suitable for small appliances such as a microwave oven and a small refrigerator.
(i) Upon entering the assisted living residence, the resident or his designated person shall be asked if the resident wishes to have a cooking appliance or small refrigerator, or both. The cooking appliance or small refrigerator, or both, shall be provided by the residence if desired by the resident or his designated person. If the resident or the designated person wishes to provide his own cooking appliance or small refrigerator, or both, it shall meet the residence’s safety standards.
(ii) An appliance shall be designed so it can be disconnected and removed for resident safety or if the resident chooses not to have the appliance within his living unit.
(2) Existing facilities. Facilities that convert to residences after January 18, 2011, must meet the following requirements related to kitchen capacity:
(i) The residence shall provide space with electrical outlets suitable for small appliances, such as a microwave oven and small refrigerator.
(A) Upon entering the assisted living residence, the resident or his designated person shall be asked if the resident wishes to have a cooking appliance or small refrigerator, or both. The cooking appliance or small refrigerator, or both, shall be provided by the residence if desired by the resident or his designated person. If the resident or his designated person wishes to provide his own cooking appliance or small refrigerator, or both, it must meet the residence’s safety standards.
(B) An appliance shall be designed so it can be disconnected and removed for resident safety or if the resident chooses not to have the appliance within his living unit.
(ii) The residence shall provide access to a sink for dishes, a stovetop for hot food preparation and a food preparation area in a common area. A common resident kitchen may not include the kitchen used by the residence staff for the preparation of resident or employee meals, or the storage of goods.
(e) Ceiling height in each living unit must be an average of at least 7 feet.
(f) Each living unit must have at least one window with direct exposure to natural light.
(g) A resident’s bedroom in the living unit shall be used only by the occupying resident unless two consenting adult residents agree to share a bedroom and the requirements of subsection (c) are met.
(h) Each living unit must have a door with a lock, except where a lock in a unit under a special care designation would pose a risk or be unsafe. The administrator shall maintain a master key that can open all locks in the event of an emergency.
(i) A resident shall have access to his living unit at all times.
(j) Each resident shall have the following in the living unit:
(1) A bed with a solid foundation and fire retardant mattress that is in good repair, clean and supports the resident. An exception will be permitted for residents who wish to provide their own mattresses.
(2) A chair for each resident that meets the resident’s needs.
(3) Pillows, bed linens and blankets that are clean and in good repair.
(4) A storage area for clothing that includes a chest of drawers and a closet or wardrobe space with clothing racks or shelves accessible to the resident.
(5) A bedside table or a shelf.
(6) A mirror.
(7) An operable lamp or other source of lighting that can be turned on at bedside.
(8) If a resident shares a bedroom with another resident, the items specified in paragraphs (4)—(7) may be shared with one other resident.
(k) Cots and portable beds are prohibited.
(l) Bunk beds or other raised beds that require residents to climb steps or ladders to get into or out of bed are prohibited.
(m) A living unit may not be used as an exit from or used as a passageway to another part of the residence unless in an emergency situation.
(n) The living unit must have walls, floors and ceilings, which are finished, clean and in good repair.
(o) In living units with a separate bedroom, there must be a door on the bedroom.
(p) Space for storage of personal property shall be provided in a dry, protected area.
(q) There must be drapes, shades, curtains, blinds or shutters on the living unit windows. Window coverings must be clean, in good repair, provide privacy and cover the entire window when drawn.
(r) Each living unit must be equipped with an emergency notification system to notify staff in the event of an emergency.
Cross References This section cited in 55 Pa. Code § 2800.121 (relating to unobstructed egress); and 55 Pa. Code § 2800.232 (relating to environmental protection).
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