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Section 463 Adult Day Care
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Adult day care facilities shall comply with the following design and construction standards.
Note: See Agency for Health Care Administration (AHCA) Rule 58A-6, Florida Administrative Code, and Chapter 400, Part V, Florida Statutes.
"Adult day care center" or "center" means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. The following are exempt from this part:
- Any facility, institution, or other place that is operated by the federal government or any agency thereof.
- Any freestanding inpatient hospice facility that is licensed by the state and which provides day care services to hospice patients only.
- A licensed assisted living facility, a licensed hospital, or a licensed nursing home facility that provides services during the day which include, but are not limited to, social, health, therapeutic, recreational, nutritional and respite services, to adults who are not residents, so long as the facility does not hold itself out as an adult day care center.
"Capacity" shall mean the number of participants for which a center has been licensed to provide care at any given time and shall be based upon required net floor space.
"Net floor space" shall mean the actual climatically controlled occupied area, not including accessory unoccupied areas such as hallways, stairs, closets, storage areas, bathrooms, kitchen or thickness of walls, set aside for the use of the day care center participants.
"Participant space" shall mean the required net floor space per participant. Maximum participant capacity shall refer to the licensed capacity.
The following minimum conditions shall be met:
The floor surface in kitchens, all rooms and areas in which food is stored or prepared and in which utensils are washed or stored shall be of smooth nonabsorbent material and constructed so it can be easily cleaned and shall be washable up to the highest level reached by splash or spray.
Hot and cold running water under pressure shall be easily accessible to all rooms where food is prepared or utensils are washed.
Hand-washing facilities, provided with hot and cold running water, shall be located within the food preparation area in new adult day care facilities and adult day care facilities which are extensively altered.
Multiuse equipment and utensils shall be constructed and repaired with materials that are nontoxic, corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under conditions of normal use; and shall not impart odors, color or taste nor contribute to the contamination of food.
A three-compartment sink or a two-compartment sink and a dishwater with an effective, automatic sanitizing cycle, shall be provided.
Refrigeration units and hot food storage units used for the storage of potentially hazardous foods shall be provided with a numerically scaled indicating thermometer accurate to ±3°F (-16°C). The thermometer shall be located in the warmest or coldest part of the units and of such type and so situated that the temperature can be easily and readily observed.
Fire safety protection shall be governed in accordance with the Florida Fire Prevention Code.
The participant capacity shall be determined by the total amount of net floor space available for all of the participants. Centers shall provide not less than 45 square feet (4 m2) of net floor area per participant. Centers shall be required to provide additional floor space for special target populations to accommodate activities required by participant care plans.
Facilities exempt pursuant to Section 400.553, Florida Statutes, shall utilize separate space over and above the minimum requirement needed to meet their own licensure certification approval requirements. Only congregate space shall be included in determining minimum space. For purposes of this section, congregate space shall mean climatically controlled living room, dining room, specialized activity rooms, or other rooms to be commonly used by all participants.
Center facilities shall consist of, but not be limited to, the following:
- Bathrooms.
- Dining areas.
- Kitchen areas.
- Rest areas.
- Recreation and leisure time areas.
A private area shall be available for the provision of first aid, special care and counseling services when provided, or as necessary for other services required by participants. This area shall be appropriately furnished and equipped.
Bathrooms shall be ventilated and have hot and cold running water, supplying hot water at a minimum of 105°F (41°C) and a maximum of 115°F (46°C).
Recreation and leisure time areas shall be provided where a participant may read, engage in socialization or other leisure time activities. The recreation areas also may be utilized for dining areas.
All areas used by participants shall be suitably lighted and ventilated and maintained at a minimal inside temperature of 72°F (22°C) when outside temperatures are 65°F (18°C) or below, and all areas used by participants must not exceed 90°F (32°C). Mechanical cooling devices must be provided when indoor temperatures exceed 84°F (29°C). The facility shall have a thermometer which accurately identifies the temperature.
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