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NORTH CAROLINA REGISTER Volume 21, Issue 04 Pages 344 - 420 August 15, 2006 This issue contains documents officially filed through July 25, 2006. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Dana Sholes, Publications Coordinator Julie Edwards, Editorial Assistant Felicia Williams, Editorial Assistant Lisa Johnson, RRC Administrative Assistant IN THIS ISSUE I. EXECUTIVE ORDERS Executive Order No. 104 .........................................344 II. IN ADDITION Brownfields Property – Southern Bank & Trust......345 Building Code Council ............................................346 - 347 III. PROPOSED RULES Administration Environment & Natural Resources, Dept. of........348 – 350 Agriculture Agriculture, Board of ...........................................350 - 352 Commerce Credit Union Division ..........................................352 - 353 Health and Human Services Social Services Commission ................................353 - 376 Justice Sheriff's Education and Training Standards .........376 - 386 Commission Alarm Systems Licensing Board..........................386 – 387 Labor Labor/Elevator and Amusement Device Bureau ..387 – 388 Occupational Licensing Board & Commissions General Contractors, Board for ............................388 – 390 Pharmacy, Board of..............................................390 – 395 Respiratory Care Board ........................................395 – 396 Recreational Therapy Licensure, Board of...........396 - 405 IV. RULES REVIEW COMMISSION.......................406 - 417 V. CONTESTED CASE DECISIONS Index to ALJ Decisions............................................418 - 420 Text of Selected Decisions For the CUMULATIVE INDEX to the NC Register go to: http://reports.oah.state.nc.us/cumulativeIndex.pl North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714. NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. Subchapters are optional classifications to be used by agencies when appropriate. NCAC TITLES TITLE 21 LICENSING BOARDS TITLE 24 INDEPENDENT AGENCIES 1 ADMINISTRATION 2 AGRICULTURE & CONSUMER SERVICES 3 AUDITOR 4 COMMERCE 5 CORRECTION 6 COUNCIL OF STATE 7 CULTURAL RESOURCES 8 ELECTIONS 9 GOVERNOR 10A HEALTH AND HUMAN SERVICES 11 INSURANCE 12 JUSTICE 13 LABOR 14A CRIME CONTROL & PUBLIC SAFETY 15A ENVIRONMENT &NATURAL RESOURCES 16 PUBLIC EDUCATION 17 REVENUE 18 SECRETARY OF STATE 19A TRANSPORTATION 20 TREASURER 21* OCCUPATIONAL LICENSING BOARDS 22 ADMINISTRATIVE PROCEDURES (REPEALED) 23 COMMUNITY COLLEGES 24* INDEPENDENT AGENCIES 25 STATE PERSONNEL 26 ADMINISTRATIVE HEARINGS 27 NC STATE BAR 28 JUVENILE JUSTICE AND DELINQUENCY PREVENTION 1 Acupuncture 2 Architecture 3 Athletic Trainer Examiners 4 Auctioneers 6 Barber Examiners 8 Certified Public Accountant Examiners 10 Chiropractic Examiners 11 Employee Assistance Professionals 12 General Contractors 14 Cosmetic Art Examiners 16 Dental Examiners 17 Dietetics/Nutrition 18 Electrical Contractors 19 Electrolysis 20 Foresters 21 Geologists 22 Hearing Aid Dealers and Fitters 25 Interpreter/Transliterator 26 Landscape Architects 28 Landscape Contractors 29 Locksmith Licensing 30 Massage & Bodywork Therapy 31 Marital and Family Therapy 32 Medical Examiners 33 Midwifery Joint Committee 34 Funeral Service 36 Nursing 37 Nursing Home Administrators 38 Occupational Therapists 40 Opticians 42 Optometry 44 Osteopathic Examination (Repealed) 45 Pastoral Counselors, Fee-Based Practicing 46 Pharmacy 48 Physical Therapy Examiners 50 Plumbing, Heating & Fire Sprinkler Contractors 52 Podiatry Examiners 53 Professional Counselors 54 Psychology 56 Professional Engineers & Land Surveyors 57 Real Estate Appraisal 58 Real Estate Commission 60 Refrigeration Examiners 61 Respiratory Care 62 Sanitarian Examiners 63 Social Work Certification 64 Speech & Language Pathologists & Audiologists 65 Therapeutic Recreation Certification 66 Veterinary Medical 68 Substance Abuse Professionals 69 Soil Scientists 1 Housing Finance 2 Agricultural Finance Authority 3 Safety & Health Review Board 4 Reserved 5 State Health Plan Purchasing Alliance Board Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies. NORTH CAROLINA REGISTER Publication Schedule for January 2006 – December 2006 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule (first legislative day of the next regular session) 270th day from publication in the Register 20:13 01/03/06 12/08/05 01/18/06 03/06/06 03/20/06 05/01/06 05/09/06 09/30/06 20:14 01/17/06 12/21/05 02/01/06 03/20/06 04/20/06 06/01/06 01/07 10/14/06 20:15 02/01/06 01/10/06 02/16/06 04/03/06 04/20/06 06/01/06 01/07 10/29/06 20:16 02/15/06 01/25/06 03/02/06 04/17/06 04/20/06 06/01/06 01/07 11/12/06 20:17 03/01/06 02/08/06 03/16/06 05/01/06 05/22/06 07/01/06 01/07 11/26/06 20:18 03/15/06 02/22/06 03/30/06 05/15/06 05/22/06 07/01/06 01/07 12/10/06 20:19 04/03/06 03/13/06 04/18/06 06/02/06 06/20/06 08/01/06 01/07 12/29/06 20:20 04/17/06 03/24/06 05/02/06 06/16/06 06/20/06 08/01/06 01/07 01/12/07 20:21 05/01/06 04/07/06 05/16/06 06/30/06 07/20/06 09/01/06 01/07 01/26/07 20:22 05/15/06 04/24/06 05/30/06 07/14/06 07/20/06 09/01/06 01/07 02/09/07 20:23 06/01/06 05/10/06 06/16/06 07/31/06 08/21/06 10/01/06 01/07 02/26/07 20:24 06/15/06 05/24/06 06/30/06 08/14/06 08/21/06 10/01/06 01/07 03/12/07 21:01 07/03/06 06/12/06 07/18/06 09/01/06 09/20/06 11/01/06 01/07 03/30/07 21:02 07/17/06 06/23/06 08/01/06 09/15/06 09/20/06 11/01/06 01/07 04/13/07 21:03 08/01/06 07/11/06 08/16/06 10/02/06 10/20/06 12/01/06 01/07 04/28/07 21:04 08/15/06 07/25/06 08/30/06 10/16/06 10/20/06 12/01/06 01/07 05/12/07 21:05 09/01/06 08/11/06 09/16/06 10/31/06 11/20/06 01/01/07 01/07 05/29/07 21:06 09/15/06 08/24/06 09/30/06 11/14/06 11/20/06 01/01/07 01/07 06/12/07 21:07 10/02/06 09/11/06 10/17/06 12/01/06 12/20/06 02/01/07 05/08 06/29/07 21:08 10/16/06 09/25/06 10/31/06 12/15/06 12/20/06 02/01/07 05/08 07/13/07 21:09 11/01/06 10/11/06 11/16/06 01/01/07 01/22/07 03/01/07 05/08 07/29/07 21:10 11/15/06 10/24/06 11/30/06 01/15/07 01/22/07 03/01/07 05/08 08/12/07 21:11 12/01/06 11/07/06 12/16/06 01/30/07 02/20/07 04/01/07 05/08 08/28/07 21:12 12/15/06 11/22/06 12/30/06 02/13/07 02/20/07 04/01/07 05/08 09/11/07 EXPLANATION OF THE PUBLICATION SCHEDULE This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6. GENERAL The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency: (1) temporary rules; (2) notices of rule-making proceedings; (3) text of proposed rules; (4) text of permanent rules approved by the Rules Review Commission; (5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165; (6) Executive Orders of the Governor; (7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public. COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday. FILING DEADLINES ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees. LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees. NOTICE OF TEXT EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published. END OF REQUIRED COMMENT PERIOD An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer. DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month. FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B- 21.3, Effective date of rules. EXECUTIVE ORDERS 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 344 EXECUTIVE ORDER NO. 104 AMENDING EXECUTIVE ORDER NO. 56, NORTH CAROLINA INTERAGENCY COUNCIL FOR COORDINATING HOMELESS PROGRAMS By the power vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED THAT: Section 3 of Executive Order No. 56 issued by Michael F. Easley on January 20, 2004, is hereby amended as follows: Section 3. Chair and Terms of Membership Each appointment shall be for a term of three years. (All other language within this section is deleted.) This order is effective immediately. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this thirteenth day of July in the year of our Lord two thousand and six, and of the Independence of the United States of America the two hundred and thirtieth. __________________________________________ Michael F. Easley Governor ATTEST: __________________________________________ Elaine F. Marshall Secretary of State IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 345 Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Southern Bank and Trust Company Pursuant to N.C.G.S. § 130A-310.34, Southern Bank and Trust Company has filed with the North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Edenton, Chowan County, North Carolina. The Property, which is known as the former Chowan Veneer Company site, consists of approximately 12.4 acres and is located at 259 and 262 Coke Avenue. Environmental contamination exists on the Property in groundwater. Southern Bank and Trust Company has committed itself to allow no use of the Property other than for residential, commercial office or commercial retail purposes. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Southern Bank and Trust Company, which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Shepard Pruden Memorial Library, 106 West Water Street, Edenton, North Carolina, 27932 by contacting Rosa Lee Miller at (252)-482-4112 or at Shepard-pruden@ pettigrewlibraries.org; or at the offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at (919) 508-8411 or at shirley.liggin@ncmail.net. Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the Brownfields property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins. Thus, if Southern Bank and Trust Company, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on August 16, 2006. All such comments and requests should be addressed as follows: Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 346 NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING NORTH CAROLINA BUILDING CODE COUNCIL Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with G.S. 150B-21.5(d). Citation to Existing Rule Affected by this Rule-Making: NC Administrative and Building Codes. Authority for Rule-making: G.S. 143-136; 143-138. Reason for Proposed Action: To incorporate changes in the NC Building Codes as a result of rulemaking petitions filed with the NC Building Code Council and to incorporate changes proposed by the Council. Public Hearing: September 11, 2006, 1:00PM, Asheville Public Works Building, 161 South Charlotte Street, Asheville, NC 28801. Comment Procedures: Written comments may be sent to Barry Gupton, Secretary, NC Building Code Council, c/o NC Department of Insurance, 322 Chapanoke Road, Suite 200, Raleigh, NC 27603. Comment period expires on October 16, 2006. Statement of Subject Matter: 1. Request by the Special Inspections Ad Hoc Committee to amend the 2006 NC Administrative Code requirements for special inspections. 107.5 Special Inspections. Special inspections required by the building code or the building inspector shall be performed by a NC registered design professional or a qualified inspector under their responsible charge. 2. Request by the Special Inspections Ad Hoc Committee to amend the 2006 NC Building Code requirements for special inspections. 1704 Special Inspections 1704.1 General. Where application is made for construction as described in this section, the building official, at the official’s discretion, may require the owner to employ one or more special inspectors to provide inspections during construction on the types of work listed under Section 1704 per 1704.1.2. The special inspector shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. These inspections are in addition to the inspections specified in the North Carolina Administrative Code and Policies. Exceptions: 1. Special inspections are not required for work of a minor nature or as warranted by conditions in the jurisdiction as approved by the building official. 2. Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registration and certification of engineers or architects. 3. Unless otherwise required by the building official, special inspections are not required for occupancies in Group R-3 as application in 101.2 and occupancies in Group U that are accessory to a residential occupancy including, but not limited, those listed in 312.1 1704.1.1 Building permit requirement. The permit applicant shall submit a statement of special inspections prepared by the registered design professional in responsible charge in accordance with Section 106.1 as a condition for permit issuance. This statement shall include a complete list of materials and work requiring special inspections by this section, the inspections to be performed and a list of the individuals, approved agencies or firms intended to be retained for conducting such inspections. 1704.1.2 Special Inspections requirement. Special inspections per Section 1704 are required for building, building components or other structures per the following: 1. Buildings or other structures listed in Table 1604.5 in category II if: a. Building height exceeds 45 feet or three stories, or b. The building is an Underground buildings per 405.1; 2. Buildings or other structures listed in table 1604.5 in categories III or IV; 3. Piles, piers and special foundations; 4. Retaining walls exceeding 5 feet height per 1610.3; 5. Smoke control and smoke exhaust systems; IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 347 6. Sprayed fire-resistant materials; or 7. Special case described in 1704.13. 1704.1.3 Report requirement. Special inspectors shall keep records of inspections. The special inspector shall furnish inspection reports to the building official, and to the registered design professional in responsible charge. Reports shall indicate that work inspected was done in conformance to approved construction documents. Discrepancies shall be brought to the immediate attention of the contractor for correction. If the discrepancies are not corrected, the discrepancies shall be brought to the attention of the building official and to the registered design professional in responsible charge prior to the completion of that phase of the work. A final report of inspections documenting required special inspections and correction of any discrepancies noted in the inspection shall be submitted periodically at a frequency agreed upon by the permit applicant and the building official prior to the start of work. Butch Simmons requested that these two parts go through the rule making process. Al Bass made a motion to accept the two items. The motion was seconded. Mr. Bass requested that this wording be included in the printing of the code books if the requirements go thought the rule making process. The motion carried without dissent. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 348 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 01 – DEPARTMENT OF ADMINISTRATION Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Environment and Natural Resources intends to repeal the rules cited as 01 NCAC 12 .0601 - .0605, .0701 - .0704, .1001 - .1008. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Contact David Griffin, Division Director, by mail NC Aquariums, 417 N. Blount Street, Raleigh, NC 27601, or by email at david.griffin@ncmail.net. Reason for Proposed Action: 01 NCAC 12 .0601- is mostly incorrect and otherwise not needed. 01 NCAC 12 .0602 – is not needed. 01 NCAC 12 .0603 - .0604 – is incorrect. 01 NCAC 12 .0605 - is incorrect and does not comply with G.S. 150B. 01 NCAC 12 .0701 - .0704 – is no longer needed because the General Assembly repealed G.S. 143B-390.2(b). 01 NCAC 12 .1001 – .1008 – is not needed because the Aquariums no longer provide research space to other agencies. Procedure by which a person can object to the agency on a proposed rule: Contact David Griffin, Division Director, by mail, NC Aquariums, 417 North Blount Street, Raleigh, NC 27601, or by email at david.griffin@ncmail.net. Comments may be submitted to: David Griffin, 417 N. Blount Street, Raleigh, NC 27601, email david.griffin@ncmail.net Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None SECTION .0600 - GENERAL PROVISIONS 01 NCAC 12 .0601 DEFINITIONS As used in Chapter 12 of Title 1: (1) "Aquarium" means the North Carolina Aquarium at Fort Fisher, at Pine Knoll Shores, or on Roanoke Island; (2) "Charitable" means for a benevolent purpose; (3) "Civic" means favoring the improvement of the environment, health, education, safety, general welfare, culture or recreation of the local community through non-political activities; (4) "Council" means the North Carolina Marine Science Council; (5) "Department" means the Department of Administration; (6) "Director" means a director of one of the three Aquariums or his or her designee; (7) "Facility" means the Aquarium building and associated buildings and grounds; (8) "Permissible user or activity" means a user or activity that is compatible with the intent and conditions of the N.C. Aquariums' Facility-Use Policy; (9) "Person" means any natural person, corporation, partnership, association, or governmental unit; (10) "Secretary" means the Secretary of Administration; (11) "User" means any natural person, corporation, partnership, association or governmental unit. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0602 NAME CHANGE Henceforth, the N.C. Marine Resources Center/Fort Fisher shall be known as the North Carolina Aquarium at Fort Fisher, the N.C. Marine Resources Center/Bogue Banks shall be known as the North Carolina Aquarium at Pine Knoll Shores, and the N.C. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 349 Marine Resources Center/Roanoke Island shall be known as the North Carolina Aquarium on Roanoke Island. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0603 FORMS The forms listed in this Rule affect the public and are available at: N.C. Aquarium on Roanoke Island N.C. Aquarium at Pine Knoll Shores P.O. Box 967 P.O. Box 580 Manteo, N.C. 27954 Atlantic Beach, N.C. 28512 (919) 473-3493 (919) 247-4003 N.C. Aquarium at Fort Fisher Office of Marine Affairs Box 130 N.C. Dept. of Administration Kure Beach, N.C. 28449 417 North Blount Street (919) 458-8257 Raleigh, N.C. 27601 (919) 733-2290 (1) Aquarium Facility-Use Policy; (2) Application for Use of Facility; (3) Contract for Off-Hours Use of Facility; (4) Application for Research Space; (5) Contract for Use of Research Space; (6) Cost Schedule for Use of Space; (7) Seasonal Aquarium Calendar of Events and Program Participation Procedures; and (8) Marine Science Council Operating Procedures. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0604 APPEALS Any person affected by a decision made pursuant to this chapter who wishes to appeal the decision shall direct the appeal in writing to the Secretary of Administration, 116 West Jones Street, Raleigh, N.C. 27611. Appeals of decisions of the Secretary made pursuant to this chapter shall be governed by Chapter 150B (Administrative Procedure Act) of the North Carolina General Statutes. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0605 ORGANIZATION: POWERS AND DUTIES The Office of Marine Affairs is organized to promote and advocate for public awareness, appreciation, study and wise utilization of the cultural and natural resources of coastal North Carolina. The office recommends state ocean policies, advocates for marine research, promotes wise stewardship and provides information and educational opportunities for the public. The office administers the three North Carolina Aquariums and the Outer Continental Shelf Resources Recovery Program and staffs the Marine Science Council. Information may be obtained from the office which is located at 417 North Blount Street, Raleigh 27601. Authority G.S. 143B-390.2(b). SECTION .0700 - MARINE SCIENCE COUNCIL 01 NCAC 12 .0701 STAFF The Council is staffed by the Office of Marine Affairs, 417 North Blount Street, Raleigh, N.C. 27601. Authority G.S. 143B-390.2(b); 01 NCAC 12 .0702 BYLAWS The Council's operating procedures are governed by its bylaws which are available from the Office of Marine Affairs or the Aquariums. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0703 AGENDA Any person desiring to have topics included on the agenda for discussion at a regular Council meeting shall notify the staff at least 20 days prior to the meeting date. Final approval for proposed agenda items rests with the Council executive committee. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0704 MINUTES Minutes of Council meetings are available for inspection at the Office of Marine Affairs, 417 North Blount Street, Raleigh N.C. 27601. Authority G.S. 143B-390.2(b). SECTION .1000 - PROCEDURES FOR USE OF RESEARCH SPACE 01 NCAC 12 .1001 WHEN USE IS LESS THAN 60 DAYS Research applicants may apply directly to and receive approval from the director of the preferred facility if the period of continuous use is for 60 days or less. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1002 WHEN USE EXCEEDS 60 DAYS Potential researchers wishing to schedule space for a period greater than 60 days shall obtain a copy of the Facility-Use Policy and file a completed application with the Office of Marine Affairs, 417 North Blount Street, Raleigh, N.C. 27601, no more than 12 months prior to the date the space will be needed but no less than 60 days prior to the next regularly scheduled Council meeting. Applications and copies of the Facility-Use Policy are available at the Office of Marine Affairs and at each of the three Aquariums. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1003 APPLICATIONS FORWARDED PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 350 BY OFFICE OF MARINE AFFAIRS Upon receipt of a completed application, the Office of Marine Affairs shall forward a copy to the appropriate director for confirmation of space availability and comments by the Aquarium staff. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1004 REVIEW OF APPLICATIONS The director shall send his or her comments and recommendation for approval or disapproval to the Office of Marine Affairs for distribution along with the application to the Marine Science Council or a Council subcommittee for review. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1005 NOTIFICATION TO APPLICANT If denied, the director shall notify the applicant of the decision. Upon request, the director will provide the applicant with the reasons for denial of his or her application. If approved, the director shall allocate the space and notify the applicant. The letter of notification shall contain a statement warning that failure to appear to utilize the space within one week following the date for which it was requested may result in the approval being withdrawn. The letter shall also include the exact dates of the time during which the applicant will be allowed to occupy the space, any special conditions that might apply, and any fees that will be assessed. The letter shall also indicate that the applicant will be required to sign a contract before occupying the space. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1006 ANNUAL RENEWAL Approved researchers shall apply for renewal of the space on an annual basis at least 60 days before the end of the current period of use. Applications for renewal may be made by letter to the appropriate director who shall follow the steps outlined in Rules .1004 through .1005 of this Subchapter. The Council or subcommittee shall act on the request for renewal of space at the next regularly-scheduled meeting of the Council. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1007 CRITERIA FOR SELECTING APPLICANTS The following criteria shall apply in evaluating requests for use of research space: (1) The research should address problems affecting the use of coastal or marine resources. (2) The research must be compatible with the facilities of the Aquariums. (3) Applications indicating any of the following will receive high priority: (a) research offering potential of immediate application; (b) research which promotes public information, extension education programs, and advisory services of the Aquariums; (c) research requiring the unique features of the Aquariums (e.g. coastal location, multi-disciplinary setting, accessibility to visiting tourists and students, etc.); (d) research which contributes to fulfilling state goals and policies in marine affairs. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1008 APPROVAL OR DENIAL At the next regularly-scheduled meeting of the council, action shall be taken regarding approval or denial of the application and any applicable use restrictions. The Office of Marine Affairs shall forward the results of the actions taken to the appropriate director. If denied, the council or subcommittee will specify in writing the reasons for its decision. Authority G.S. 143B-390.2(b). TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Agriculture intends to amend the rule cited as 02 NCAC 48B .0121. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Any person may request a public hearing on the proposed rule by submitting a request in writing no later than August 30, 2006, to David S. McLeod, Secretary, NC Board of Agriculture, 1001 Mail Service Center, Raleigh, NC 27699-1001. Reason for Proposed Action: The proposed amendment would add nickel to the list of secondary plant nutrients that are allowed to be claimed in the application for registration of fertilizer products and establish minimum guarantees for secondary plant nutrients. There is increased demand for fertilizer products containing nickel. Adding nickel to this list will allow the sale of these products while requiring the manufacturer to guarantee the amount claimed. Establishing minimum guarantees will ensure that there is sufficient amount of secondary nutrient present to be beneficial to plant growth. Procedure by which a person can object to the agency on a proposed rule: Any person may object to the proposed rule by submitting a written statement of objection(s) to David S. McLeod, Secretary, NC Board of Agriculture, 1001 Mail Service Center, Raleigh, NC 27699-1001. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 351 Comments may be submitted to: David S. McLeod, 1001 Mail Service Center, Raleigh, NC 27699-1001, phone (919) 733-7125 extension 249, fax (919) 716-0105, email david.mcleod@ncmail.net Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 48 - PLANT INDUSTRY SUBCHAPTER 48B - FERTILIZER SECTION .0100 - FERTILIZER STANDARDS 02 NCAC 48B .0121 APPLICATION FOR REGISTRATION OF FERTILIZERS (a) Each application for registration of any fertilizer shall include the: (1) net weight; (2) brand; (3) grade; (4) name and address of the person guaranteeing registration; and (5) sources from which nitrogen, phosphate, and potash are derived in mixed fertilizers. (b) Each application for registration of any fertilizer in addition to the general information contained in Paragraph (a) of this Rule, shall include a guaranteed analysis showing the percentages of plant food in the following order and form: (1) tobacco fertilizers: (A) total nitrogen (N) X Percent; [breakdown of nitrogen (N) is optional] (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (D) chlorine (maximum) X Percent; (2) fertilizer materials: (A) total nitrogen (N) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (3) specialty fertilizers, manures and fortified mulch: (A) total nitrogen (N) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (4) organic fertilizers: (A) total nitrogen (N) (see 2 02 NCAC 48B .0122) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent. (c) Immediately following the guarantees for primary plant nutrients, the following secondary plant nutrients, if used, shall be listed on the application and guaranteed by percentage of each in elemental form: form, with the following minimum guarantees: Element Minimum Concentration, % (1) calcium (Ca); (Ca) 1.0000 (2) magnesium (Mg) (see 2 02 NCAC 48B .0132); .0132) 0.5000 (3) sulfur (S); (S) 1.0000 (4) boron (B); (B) 0.0200 (5) chlorine (Cl); (Cl) 0.1000 (6) cobalt (Co); (Co) 0.0005 PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 352 (7) copper (Cu); (Cu) 0.0500 (8) iron (Fe); (Fe) 0.1000 (9) manganese (Mn) (see 2 02 NCAC 48B .0132); .0132) 0.0500 (10) molybdenum (Mo); (Mo) 0.0005 (11) nickel (Ni) 0.0010 (11)(12) sodium (Na); and (Na) 0.1000 (12)(13) zinc (Zn). (Zn) 0.0500 Sources of these elements and proof of availability shall be provided to the Commissioner upon request. (d) A person shall not make any guarantee or claim for a secondary or minor plant nutrient not listed in Paragraph (c) of this Rule. (e) A person shall express potential acidity or basicity as equivalent pounds per ton of calcium carbonate, if acid forming or nonacid forming potential is guaranteed. (f) Where no determination of available phosphate for organic phosphates is made, total phosphate shall be guaranteed, except as provided in Paragraph (g) of this Rule. (g) Where unacidulated mineral phosphates or basic slag is used, both total and available phosphate, as well as degree of fineness, shall be guaranteed. Authority G.S. 106-660(a); 106-673. TITLE 04 – DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S. 150B-21.2 that the Credit Union Division of the North Carolina Department of Commerce intends to adopt the rule cited as 04 NCAC 06C .1205 and amend the rule cited as 04 NCAC 06C .1202. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Written request for hearing to Antonio Knox, NCCUD Rule-making Coordinator, 4314 Mail Service Center, Raleigh, NC 27699- 4314 Reason for Proposed Action: To afford North Carolina state-chartered credit unions the authority to engage in activities in which they could engage, and to the same extent to which they could engage, as those afforded to federally chartered credit unions under 12 USC 1757(11), 12 CFR 710.39(d)(1), and 12 CFR 701.19, per the authority provided by NCGS 54- 109.21(25). Procedure by which a person can object to the agency on a proposed rule: Submission of written objections and/or a request for hearing to Antonio Knox, NCCUD Rule-making Coordinator, 4314 Mail Service Center, Raleigh, NC 27699- 4314. Comments may be submitted to: Antonio Knox, NC Credit Union Division, 4314 Mail Service Center, Raleigh, NC 27699- 4314 Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 06 - CREDIT UNION DIVISION SUBCHAPTER 06C - CREDIT UNIONS SECTION .1200 - INVESTMENTS 04 NCAC 06C .1202 PERMISSIBLE TRANSACTIONS Credit unions may: (1) purchase or sell securities in accordance with the North Carolina Credit Union Law and when the purchase or sale is to be completed within five business days after the agreement is made; (2) buy or sell a future contract only if it is used as a hedging contract incidental to the assembly of a pool of loans for sale in the secondary market; (3) enter into reverse repurchase agreements to meet ordinary and unexpected liquidity needs such as temporary share withdrawal or loan demands, but such agreements represent borrowing and are limited to the borrowing PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 353 limitations as specified in Regulation .0308 of this Subchapter; (4) enter into loan-type repurchase agreements only with their own members, other credit unions, or eligible credit union organizations; (5) enter into investment-type repurchase agreements if the following essential elements of a sale of security are included: (a) The Credit Union takes possession of the securities or receives a custodial or safekeeping receipt from a bank or other financial institution evidencing that the securities have been segregated from the general assets of the vendor. (b) The Credit Union is not required to deliver the identical securities in the event of repurchase. (c) The Credit Union assumes the risks of market fluctuation in the value of the securities at purchase. (d) The Credit Union receives the coupons or stated interest rate dividend on the securities purchased for the time period owned. (6) deliver written application to the Administrator to make investments and purchase insurance, mutual funds and fixed or variable annuity products so long as the investment or product is for the sole purpose of funding employee benefit, retirement or deferred compensation plans for employees of the credit union and the investment or purchase is to be made in light of applicable safety and soundness considerations of the credit union. The Administrator will promptly grant or deny said application, with or without conditions or provisions, and in any case within 60 calendar days following the receipt of the application by the Administrator. Authority G.S. 54-109.12; 54-109.82; 54-109.92(a). 04 NCAC 06C .1205 AUTOMATIC LIENS UPON ALL SHARE TO SECURE ALL DEBTS In addition to the lien on shares, deposits and accumulated dividends of members as granted by G.S. 54-109.59, a credit union shall also have an automatic lien upon all such shares, deposits and accumulated dividends to secure the full amount of all debts owed to the credit union by its member. This lien is to be equivalent to that lien upon members' shares granted to all federally chartered credit unions by the National Credit Union Act and its regulations. Authority G.S. 54-109.21(25). TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the Social Services Commission intends to amend the rules cited as 10A NCAC 06P .0201, .0401, 06R .0101 - .0102, .0201, .0301, .0303, .0305 - .0306, .0402 - .0403, .0501 - .0508, .0601, .0701 - .0703, 06S .0102, .0203 - .0204, .0301, .0402 - .0405. Proposed Effective Date: July 1, 2007 Public Hearing: Date: October 18, 2006 Time: 10:00 a.m. Location: Room 832, Albemarle Building, 325 N. Salisbury Street, Raleigh, NC Reason for Proposed Action: The majority of rules were originally effective in 1978-1979. There have been minor modifications to the rules, but the original language has remained the same. Interpretation & enforcement of many of these rules varies from county to county because, in many cases, the wording is vague and unclear. A committee comprised of adult day services program staff & State & county staff, met for over 3 years reviewing the rules to eliminate the vague language so that interpretation by those operating adult day programs & those regulating those programs is more consistent across the State. Additionally, updates in areas such as building & fire codes have been integrated & changes have been made to be consistent to other rules under the authority of the Secretary of the Department of Health and Human Services; therefore, bringing more consistency to the rules by eliminating conflicting language. Procedure by which a person can object to the agency on a proposed rule: Susan Dail, NC Division of Social Services, 325 N. Salisbury Street, 2401 Mail Service Center, Raleigh, NC 27699-2401, 919-733-3055, susan.dail@ncmail.net Comments may be submitted to: Susan Dail, 2401 Mail Service Center, Raleigh, NC 27699-2401, phone (919) 733- 3055, fax (919) 733-9386, email susan.dail@ncmail.net Comment period ends: October 18, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 354 concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 06 – AGING: PROGRAM OPERATIONS SUBCHAPTER 06P – ADMINISTRATION OF ADULT DAY CARE SERVICES SECTION .0200 - CLIENT ELIGIBILITY: FEES AND CHARGES 10A NCAC 06P .0201 LIMITATIONS Limitations on the provision of day care services for adults receiving state or federal funds include the following: (1) Day care services for adults may shall be provided on a time-limited basis to individuals enrolled in adult day care who are no longer able to maintain themselves in an independent living situation and for whom placement in group care is necessary. Under these circumstances, adult day care services may continue to be provided for a maximum of 90 days after entering the group care facility. State and federal funds may not be used to support the provision of adult day care for individuals in group care beyond this 90 day period. period, except in the circumstances of Item (2) of this Rule. (2) Day care services for adults may shall be provided on a time-limited basis for individuals preparing to leave a group care facility for an independent living arrangement. Under these circumstances, adult day care services may be provided for a period of up to 90 days prior to the individual's discharge from the group care facility. Continued eligibility for adult day care after discharge from the group care facility shall be determined on the basis of basic eligibility criteria and need for the service as stated in 10A NCAC 71Q 71R .0501 or 10A NCAC 05A .0101(6) and (12). State and federal funds shall not be used to support the provision of adult day care for individuals in group care prior to this 90-day period, except in the circumstances of Item (1) of this Rule. (3) If a day care program's written admission criteria limit the number of persons with certain conditions which can be served at any one time and an eligible client with such a condition cannot be accepted because the program has its maximum number of persons with that condition, the client must be considered for enrollment at the first opening for persons with that condition. (4) Day care programs which receive federal or state funds administered by the Division of Social Services and which serve persons whose care is paid through some source other than federal or state funds must charge at least as much for those persons as for persons whose care is paid through funds administered by the division. (4) Adult day care participants shall be: (a) adults who do not need nursing supervision but who require complete, full-time daytime supervision in order to live in their own home or the home of a relative; or (b) adults who need help with activities of daily living in order to maintain themselves in their own home; or (c) adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to placement in group care; or (d) adults enrolled in an adult day care program who need time-limited support in making the transition from independent living to group care, or adults who need time-limited support in making the transition from group care to independent living. Authority G.S. 143B-153. SECTION .0400 - ROLE RESPONSIBILITIES IN PROGRAM CERTIFICATIONS 10A NCAC 06P .0401 STATE DIVISION OF AGING AND ADULT SERVICES RESPONSIBILITIES The Division of Aging and Adult Serviceshas the following responsibilities in certification of adult day care programs: is responsible for: (1) Consultation. The adult day care consultant in the Division of Aging and Adult Services shall be available to work with county departments of social services and day care providers regarding the development of adult day care services, interpretation of the North Carolina Adult Day Care and Day Health Services Standards for Certificationstandards and related issues; The regional service representatives shall be available to county departments of social services for consultation regarding the development of adult day care services as part of a county social services system; (2) Certification. The Division of Aging and Adult Services shall be responsible for all PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 355 actions regarding initial certification and annual recertification of adult day care programs based on the report and recommendations of the county department of social services and the adult day care consultant in the central office.office; and (3) Monitoring. The Division of Aging and Adult Services shall establish criteria for the local department of social services adult day care consultant to make announced and unannounced monitoring visits to certified adult day programs. An administrative letter identifying the criteria shall be signed by the Division Director and sent to all county departments of social services directors and adult day care providers. Authority G.S. 143B-153. SUBCHAPTER 06R - ADULT DAY CARE STANDARDS FOR CERTIFICATION SECTION .0100 - INTRODUCTION 10A NCAC 06R .0101 CERTIFICATION REQUIREMENT (a) Subchapter 06r 06R contains standards which have been developed for certification of adult day care programs. The standards relate to all aspects of operation of an adult day care program including administration, facility, and program operation. Adult day care programs, as defined in G.S. 131D-6, must shall be certified as meeting these standards. Programs exempted from certification requirements by G.S. 131D-6 must shall meet these standards for certification only if receiving funds administered by the Division of Aging and Adult Services for social services programs established by federal legislation. Certification is the responsibility of the county department of social services and the Department of Health and Human Services. (b) Any program making application for certification or making timely and sufficient application for renewal of certification must shall be in compliance with all standards for certification. If all standards are not being met, certification will shall be denied or limited as appropriate. Certification of any program in willful violation of standards as defined in Rule .0102(b) .0102(e) of this Subchapter will shall be revoked. Procedures in G.S. 150B-3 will shall be followed. (c) Any program which was in operation, not currently certified, and serving individuals prior to January 1, 1986, will have a period of no more than 90 days to make application for certification. During this time period the program may continue to operate unless continued operation will endanger the health, safety or welfare of the participants. During this time period consultation and technical assistance will be provided by the county department of social services to aid the program to achieve full compliance with the rules in this Subchapter. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0102 CORRECTIVE ACTION (a) Adult day care programs shall be inspected annually and monitored at least monthlyin accordance with the Division of Aging and Adult Services criteria for making announced and unannounced visits to assure compliance with the standards. Where a violation of G.S. 131D-6 or of this Subchapter is identified by staff of the county department of social services or the Division of Aging, Aging and Adult Services,or other authorized inspectors such as sanitarians, environmental health specialists, building and fire safety inspectors, the program director of the adult day care program must shall be notified in writing of the nature of the violation by that inspector and requested to take corrective action by the county department of social services. The county department of social services will shall determine, in consultation with the program director, the date by which corrective action must shall be completed based upon the severity of the violation and the effect of the violation on the participants of the program. (1)(b) Where a violation presents a clear and an immediate danger to the participants' health or safety, the program director is required to shall take immediate corrective action, after written notification, action to correct the source of danger or to remove the participants from the source of danger. Such action shall be documented in writing within 72 hours.The specific time for completion of corrective action will be included in the written notice. (2)(c) Where a violation has the potential to endanger the participants' health, safety, or welfare, the program director is required to shall take corrective action. The date specified for the completion of the corrective action must shall be no later than 30 days after the of written notification. (3)(d) Where a violation does not directly endanger the participants, such as a violation of administrative or record keeping standards, the program director is required to shall take corrective action. The date specified for the completion of the corrective action must shall be no later than within 90 days after the of written notification. (b)(e) If the violation continues beyond the established time for completion of corrective action, the program will shall be considered to be in willful violation of the standards and negative action will shall be taken in accordance with Rules .0802, .0804, and .0805 of this Subchapter. Authority G.S. 131D-6; 143B-153. SECTION .0200 - DEFINITION OF TERMS 10A NCAC 06R .0201 DEFINITIONS As used in this Subchapter, unless the context requires otherwise, the following definitions shall apply: (1) "Activities of Daily Living (ADL)" means eating; dressing; bathing; toileting; bowel and bladder control; transfers; and ambulation. (a)(2) "Adaptable space" Space" means space in a facility that can be used for several purposes with little effort and without sacrificing safety and health standards; for example, an activities room that is used for crafts in the morning, PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 356 used to serve lunch and used for exercise activities in the afternoon. (3) "Adaptable activity" means an activity where participation can be varied from individual, small group, or large group, and can occur seated, standing or lying down. (b)(4) "Adult" is means an individual 18 years of age or older. (5) "Adult Day Care Center" means a day care program operated in a structure other than a single family dwelling. (6) "Adult Day Care Home" means a day care program for up to 16 people operated in a single family dwelling where the owner resides. (7) "Adult Day Care Program" means the provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled. This term is used to refer to adult day care programs, adult day health programs, and adult day care and combined adult day health programs (i.e., combination programs). (c)(8) "Alzheimer's Disease" is means a progressive, degenerative disease that attacks of the brain resulting and results in impaired memory, thinking and behavior. Characteristic symptoms of the disease include gradual memory loss, impaired judgement, disorientation, personality change, difficulty in learning and loss of language skills. (d)(9) "Ambulatory" refers to means a person who is fully mobile and does not need the continuing help of a person or object for support (except a walking cane). (e)(10) "Capacity" is means the number of participants for which a day care program is certified. (f)(11) "Caretaker" (or "Caregiver") is means an adult who regularly provides an impaired adult with continuous supervision, assistance with preparation of meals, assistance with housework and assistance with personal grooming. (g)(l2) "Certification" is means the process whereby an adult day care program is approved as meeting adult day care standards. the North Carolina Adult Day Care Rules in 10A NCAC 06. (h)(13) "Certifying agency" is means the Department of Health and Human Services, Division of Aging.Aging and Adult Services. (i) "Day Care Center" means a day care program operated in a structure other than a single family dwelling. (j) "Day Care Home" means a day care program for two to six people operated in a single family dwelling. (14) "Dementia" means the loss of intellectual functions (such as thinking, remembering, and reasoning) of sufficient severity to interfere with a person's daily functioning. Dementia is not a disease itself but rather a group of symptoms that may accompany certain diseases or conditions. Symptoms may also include changes in personality, mood and behavior. (k)(15) "Group Process"process" means at least three persons engaged in a common activity that can bring pleasure, satisfaction and improvement to all members.activity. (l)(16) "Institution" is means a facility that is established to serve a particular purpose and is required by state law to be provided and maintained by the state and any facility defined in federal regulations as an institution. In North Carolina, the list of institutions includes but is not necessarily limited to: includes: general hospitals, state psychiatric hospitals, state centers for the retarded, mentally ill, skilled nursing facilities, and intermediate care facilities. (17) "Instrumental Activities of Daily Living (IADL)" means meal preparation, medication intake, housekeeping, money management, phone use, laundering, reading, shopping, communication such as speaking, writing, signing, gestures, using communication devices and going to necessary activities. (18) "Medication schedule" means a listing of all medications taken by participants with dosages, route of administration, and times medications are to be taken. (m)(19) "Mental health disability" is a severe, lifelong, chronic condition that is due to a mental or physical impairment or a combination of mental and physical impairments. means disorders with psychological or behavioral symptoms or impairment in functioning due to a social, psychological, genetic, physical, chemical or biological disturbance. (20) "Modifiable activity" means an activity that can be simplified and adapted as a participant's abilities decline or improve. (21) "Nucleus area" means adult day care programs located in a multi-use building and refers to the area not shared by any other programs located in the building but used only by the adult day care program. (n)(22) "Non-ambulatory" refers to means a person who is bedfast. (o)(23) "Nursing Care" is care" means skilled nursing care or intermediate care. (24) "On-site" means the area certified for the day care program. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 357 (p)(25) "Operator" is "Owner" means the person responsible for management of a day care home. home or day health home. (q)(26) "Other special needs disease or condition" refers to means a diagnosis, disease or disability, such as AIDS/HIV, that benefits from monitoring or oversight in a supervised setting. (x)(27) "Participant" is means a person enrolled in an adult day care program. (28) "Personal care" means tasks that range from assistance with basic personal hygiene and grooming, feeding, and ambulation, to medical monitoring and other health care related tasks. (r)(29) A "Physical Therapy Program" is "Physical therapy program" means a series of activities prescribed by a licensed physical therapist or activities administered under the supervision of a physical therapist. (s)(30) "Program director" means Director" is the person responsible for program planning, development and implementation in a day care center. program. (31) "Progress notes" means written reports in the participant's file of staff discussions, conferences, or consultation with family or other interested parties, for the purpose of evaluation of a participant's progress and any other information regarding the participant's situation. (t)(32) "Related disorders" means dementing dementia or impaired memory impairing conditions characterized by irreversible memory dysfunction. (33) "Respite care," as a component of adult day care programs, means a service provided to give temporary relief to the family or caregiver. Primarily, respite is provided to families caring for children or adults with disabilities or families caring for frail or disabled older adults. (34) "Responsible party" means the caretaker with primary day-to-day responsibility for an impaired adult. (u)(35) "Semi-ambulatory" refers to means a person who needs and uses the assistance of objects such as a wheelchair, crutches, walker, or other appliance or the support of another person on a regular and continuing basis to move about. (y)(36) A "Senior Center" is "Senior center" means a community or neighborhood facility for the organization and provision of a broad spectrum of services including health, social, nutritional and educational services and a facility for recreational and group activities for older persons. (Administration on Aging definition) (v)(37) "Special care services" aremeans services by a certified adult day care center program that promotes itself as providing programming, activities or care specifically designed for persons with Alzheimer's Disease, or other dementias, or related disorders, mental health disabilities, or other special needs diseases or conditions. (w)(38) "Supervising agency" is means the county department of social services in the county in which the day care program is located. The county department is responsible for seeing that certification standards are met on an on-going basis and for making a recommendation to the Division of Aging and Adult Services regarding certification. Authority G.S. 131D-6; 143B-153; S.L. 1999-334. SECTION .0300 - ADMINISTRATION 10A NCAC 06R .0301 GOVERNING BODY (a) Responsibility for sound management rests with the governing body of the day care program. In a private for-profit program, responsibility for management rests with the owner or board of directors; in a private, non-profit program, with the board of directors; in a public agency, with the board of that agency. (b) The governing body of a day care center program shall establish and maintain sound management procedures, including: (1) approval of organizational structure; (2) adoption of an annual budget; (3) regular review of financial status, making sure that the program is under sound fiscal management; This includes an conducting a review of the annual budget, monthly accounts of income and expenditures to reflect against the projected budget, and an annual audit; (4) appointment of the program director who may shall delegate responsibility for conduct of specific programmatic and administrative activities in accordance with policies adopted by the governing body; and (5) establishment adoption of written policies regarding operation, including; (A) program policy statement policies outlining program goals; enrollment and discharge criteria and procedures; hours of operation; types of services provided, including transportation if offered; rates and payments; and management of medications; and any other information considered appropriate to include in this document; the policy statement policies must shall be designed so copies can may be given to interested PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 358 parties who request information about the day care program; (B) personnel policies; and (C) any other policies deemed necessary, necessary by the governing body, such as agreements with other agencies and organizations. organizations; (D)(c) all All policies affecting clients shall be written in the most direct and understandable language. (c)(d) The operator owner of a day care home shall establish and maintain sound operating procedures, including the following: (1) develop an annual budget; (2) maintain monthly accounts of income and expenditures; and (3) establish written policies regarding operation, including: (A) program policy statement policies outlining program goals; enrollment and discharge criteria and procedures; hours of operation; types of services provided, including transportation if offered; rates and payments; and management of medications; and any other information considered appropriate to include in this document; the policy statement policies must shall be designed so copies can may be given to interested parties who request information about the day care program; (B) personnel policies; and (C) any other policies deemed necessary, such as agreements with other agencies and organizations. organizations; Authority G.S. 143B-153. 10A NCAC 06R .0303 AGREEMENTS (a) When the a day care program is located in a multiple-use facility (e.g., school, church) there must shall be a written agreement regarding the facility's cooperative use. The agreement shall contain the following as they apply to the adult day care program: time of use, maintenance of space, use of equipment, security, liability, and insurance. (b) For a program to utilize space currently certified or licensed for another purpose by a state agency, such as the North Carolina Division of Facility Services or the North Carolina Division of Child Development, a letter from the licensing agency shall be obtained granting permission to use the space for a purpose other than the original licensed one. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0305 PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF (a) General Requirements (1) The owner of adult day care homes initially certified after January 1, 2003, or homes that make structural building modifications after this date, shall reside in the home. (1)(2) Staff positions shall be planned and filled according to the goals of the program and the manpower needed to develop and direct the activities which meet these goals. (2) All staff of the program shall be competent, ethical, and qualified for the position held. (3) There shall be a criminal history record check of all newly-hired employees of adult day programs. (3)(4) There shall be a written job description for each position, full-time or part-time. The job description shall specify qualifications of education, experience, and personal traits (including such characteristics as ability to relate to people, patience, positive mental attitude, ability to listen, sense of responsibility to the program, etc.); education and experience; to whom employee is responsible; duties and responsibilities; and salary range. (4)(5) References, including former employers, shall be required in recruitment of staff. (5)(6) There shall be an established review process for each employee at least annually and following any probationary period. (6)(7) Provision shall be made for There shall be a written plan for orientation and staff development of new employees and volunteers and ongoing development and training of all staff. Documentation of such orientation, staff development and training shall be recorded. (7)(8) At least one substitute staff person shall be available to provide direct care in the absence of a regular staff person in order to maintain the required staff-participant ratio. Such substitute There shall be a written plan for staff substitutions in case of absences. The plan shall include the coverage of usual responsibilities as well as maintenance of staff/participant ratio. Substitute staff shall have the same qualifications and training as those required by the position and in this Subchapter. Substitutes are not required to have current certified CPR and First Aid training as long as other staff are present with this training at all times. qualifications, training, and personal credentials as a regular staff person giving direct care. Trained volunteers may be used instead of paid substitutes. (8)(9) Each Prior to beginning employment, each new employee must shall present a medical evidence statement, completed within the prior 12 months by a physician, nurse practitioner or physician's assistant, certifying that the PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 359 employee has no illness or health condition that would pose a health risk to others and that the employee can perform the duties assigned in the job. he is free from communicable disease or condition prior to beginning work and annually thereafter. When such evidence cannot be presented, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties. (b) Personnel Policies (1) Personnel policies and their content are the responsibility of each adult day care program. center. Each center is required to program shall state its policies in writing. A copy of this statement of personnel practice shall be given to each employee and shall state the center's program's policy on the following: (A) annual leave, (B) educational opportunities, (C) pay practices, (D) employee benefits, (E) grievance procedures, (F) performance and evaluation procedures, (G) criteria for advancement, (H) termination procedures, (I) hiring and firing responsibility, (J) use of any probationary period, (K) staff participation in reviews of personnel practices, (L) maternity leave, (M) military leave, (N) civil leave (jury duty and court attendance), and attendance). (O) protection of confidential information. (2) All policies developed must shall conform to the United States Department of Labor wage and hour regulations. regulation. (c) Staffing Pattern. The staffing pattern shall be dependent upon the enrollment criteria and the particular needs of the participants who are to be served. The ratio of paid staff to participants shall be adequate to meet the goals and objectives of the program. Whenever paid regularly scheduled staff are absent, substitutes must shall be used to maintain the staff-participant ratio. The minimum ratios shall be as follows: (1) Adult Day Care Homes One paid staff person with responsibility for direct participant care for up to each six participants, up to 16 participants total. participants; (2) Adult Day Care Centers One paid staff person with responsibility for direct participant care for each eight participants. (d) Program Director (1) The program director shall have the authority and responsibility for the management of activities and direction of staff to insure that activities and services are provided appropriately and in accordance with established policies. (2) The program director shall: shall meet all of the minimum qualifications and personal traits stated below: (A) shall be at least 18 years of age; (B) shall have completed at least a minimum of two years of formal post secondary education from an agency accredited institution of education by the United States Department of Education (including colleges, universities, technical institutes, and accredited correspondence schools) or shall have a high school education diploma or the equivalent and a combination minimum of five years experience and training in services to elderly or handicapped disabled adults; (C) shall have at least two years of work experience in a human services area, and demonstrated ability in supervision and administration; (D) shall provideprovide, prior to employment, a written medical statement from a physician, nurse practitioner, or physician's assistant assistant, completed within the prior 12 months, certifying absence of a health condition that would pose a risk to others and ability to perform the duties assigned on the job; and good health, including freedom from communicable disease or condition prior to employment and annually thereafter. When such a certification cannot be made, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties; (E) shall provide at least three current reference letters or the names of individuals with whom a reference interview can be conducted, including at least one former PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 360 employer.employer, if any. The individuals providing reference information must be knowledgeable shall have knowledge of the applicant director's background and qualifications. (3) In employing a program director, the governing body, agency or owner shall consider whether or not applicants exhibit the following characteristics. Only persons exhibiting the following characteristics shall be considered for the position of program director. These characteristics include: (A) maturity -- good judgment, emotional stability, ability to make decisions and set goals; (B) knowledge and understanding of the needs of the aging and disabled; (C) ability to design and implement a varied, structured program of group and individual activities; and (D) managerial and administrative skills - ability to supervise staff and to plan and coordinate meaningful staff training. (4) The adult day care center program shall have a full-time program director or a full-time substitute meeting the requirements as specified above. The program director shall assign authority and responsibility for the management of activities and direction of staff when the program director is not on site. director. Authority G.S. 130A-148; 131D-6; 143B-153. 10A NCAC 06R .0306 PERSONNEL: DAY CARE HOMES: ONLY STAFF PERSON IS OPERATOR (a) The operator shall:of an adult day care program shall meet the qualifications of director as defined in Rule .0305 of this Section. (1) be competent, ethical and qualified to carry out the responsibilities of providing a day care program; (2) have a minimum of a high school education or the equivalent; (3) be at least 18 years of age; (4) have at least two years of full-time work experience and demonstrated ability to manage all aspects of a day care program; (5) provide a written medical statement from a physician, nurse practitioner, or a physician's assistant certifying good health, including freedom from communicable disease or condition prior to employment and annually thereafter. When such a certification cannot be made, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties; (6) provide at least three current reference letters or the names of individuals with whom a reference interview can be conducted, including at least one former employer, if any. The individuals providing reference information must be knowledgeable of the applicant operator's background and qualifications. (b) There shall be a minimum of one staff person during all hours of operation meeting the requirements set forth in Rule .0305 of this Section for each six participants, up to 16 participants total. two-six participants. (c) The A day care home shall have substitute or relief staff to enable the day care home to remain open on days when the operator is not available to supervise the program. The substitute or relief staff shall meet the requirements for this position as set forth in Rule .0305 of this Section. Authority G.S. 130A-148; 131D-6; 143B-153. SECTION .0400 – THE FACILITY 10A NCAC 06R .0402 BUILDING CONSTRUCTION (a) TheAn adult day care building must shall meet the approval of the local building inspector (or local fire inspector or fire marshal if a building inspector is not available) in terms of structural soundness and fire safety. (b) The program must shall provide at least one entrance at ground level with no steps or an entrance ramp with rails and a maximum slope of 1 in 12 (eight percent). The ramp must shall be covered with a securely fastened non-skid floor covering which is safely secured at both ends. Exception: day care homes which serve only ambulatory persons are not required to meet this standard. (c) The facility shall provide accessible toilets according to the North Carolina Accessibility Code. grab bars or safety frames at all toilets used by participants. (d) Facilities where six or fewer adults are served in a single family dwelling must shall meet building construction requirements for adult day care homes specified in Section .0700 of this Subchapter. (e) In programs administered in facilities other than single family dwellings, which are initially certified since March 1, 1977, the facilities must meet the handicapped section (Volume 1-C) of the All facilities initially certified after January 1, 2003, or those that make structural building modifications after this date shall meet the North Carolina State Building Code. Authority G.S. 143B-153. 10A NCAC 06R .0403 EQUIPMENT AND FURNISHINGS (a) Facility Adult Day Care facility equipment and furnishings shall be adequate to meet the needs of participants and staff and PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 361 enable efficient operation of the program. At a minimum, the The facility shall have: (1) at least one sturdy straight back chair or sturdy folding chair for each participant and each staff person, excluding those in wheelchairs; person; (2) table space adequate for all participants to be served a meal at a table at the same time and for program activities; (3) lounge, sofa or recliner seating chairs or sofas that allow for position changes, are upholstered or of soft material, and water and stain resistant, so that at least half of the participants can relax and rest at the same time. time; If all participants take a daily rest period at the same time, the facility shall have enough of such seating for all participants; and lounge, sofa or recliner seating so that all participants can rest and relax at the same time; (4) a quiet space with a minimum of one bed or cot beds or cots so that participants can lie down as needed separate from other program activities. (b) All equipment and furnishings shall be in good condition and safe for use by all participants and staff of the facility. Authority G.S. 143B-153. SECTION .0500 - PROGRAM OPERATION 10A NCAC 06R .0501 PLANNING PROGRAM ACTIVITIES (a) Enrollment Policies and Procedures (1) Each adult program shall have enrollment policies. Enrollment policies shall be in writing as a part of the program policy statement, policies and shall define the population served. who can be served and shall be flexible. These policies serve as the basis for determining who can shall be accepted into the program and for planning activities appropriate for the participants. The policies should shall be specific so as to guard against prevent enrolling people whose needs cannot realistically be met by the planned activities and should shall provide for dismissal of participants whose needs can no longer be met or who can no longer be cared for safely. If a day care program serves semi-ambulatory or non-ambulatory persons, it shall be so stated in the admissions criteria. (2) Enrollment procedures shall be in writing as a part of the program policy statement. Prior to enrollment, the applicant and applicant, family members or other significant person (if appropriate) must caretaker shall have a minimum of at least one personal interview with at least a minimum of one program staff member. During the interview, the staff shall complete initial documentation identifying social and medical care needs, any designated spiritual, religious or cultural needs, and a determination of whether the program can meet the individual's expressed needs. The staff person doing the interviewing shall sign the determination of needs and the responsible party shall sigh the application for enrollment. The signed application for enrollment and a current medical examination report must These signed documents shall be obtained before the individual's first day of attendance as a participant in the program. (3) A medical examination report signed by a physician, nurse practitioner or physician's assistant, completed within the prior six months, shall be obtained by the program within 30 days of enrollment. This report must be updated annually no later than the anniversary date of the initial report. (3)(4) At enrollment, or in the preliminary initial interview, the program policies shall be discussed with each applicant and family member or other caretaker, significant person (if applicable) and a copy of the program policy statement policies shall be provided. given to each. (5) Documentation of receipt of and agreement to abide by the program policies by the participant or responsible party shall be obtained by the program and kept in the participant's file. (6) The program policies shall contain: (A) a discharge policy outlining: the criteria for discharge and notification procedures for discharge; the timeframe and procedures for notifying family or responsible party of termination; and referral or follow-up procedures; (B) a medication policy as specified in Rule .0505 of this Section; (C) a description of participant's rights; (D) grievance policies and procedures for families; (E) advance directives policy; (F) non-discrimination policies; (G) procedure to maintain confidentiality; (H) policy on reporting suspected elder abuse or neglect; (I) description of the geographical area served by the program; and (J) inclement weather policies. (b) Planning Services for Individual Participants (1) Within 30 days of enrollment of a new participant, the program shall perform a comprehensive assessment and written service plan for each individual. The assessment shall PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 362 address the individual's ability to perform activities of daily living and instrumental activities of daily living while in the program. The mental, social, living environment, economic and physical health status of the individual shall also be assessed. The service plan shall be signed and dated by the program director or the director's designee. For adult day health participants the service plan shall be written and signed by a registered nurse. (1)(2) Each participant shall have an individualized written plan for services in the program. In developing the written service plan, the participant and his family program shall include the participant, family members, or responsible party and other agency professionals with knowledge of the individual's needs. The service plan shall be based on strengths, needs and abilities identified in the assessment. should be included, as appropriate. The assessment and service plan shall be initiated at enrollment and shall be reviewed at regular intervals, and no less than once every six months. intervals. The service plan shall include: (A) the needs and strengths of the participant; person; (B) the interests of the participant; (B)(C) the measurable service goals and objectives of care for the participant person while in the day care program; (C) activities the person shall participate in; (D) the type of interventions to be provided by the program in order to reach desired outcomes; (E) the services to be provided by the program to achieve the goals and objectives; (F) the roles of participant, family, caregiver, volunteers and program staff; and (D)(G) the time limit for the plan, with provision for review and renewal. (3) Progress notes in the participant's record shall be updated at least every three months. (4) The participant, caregiver and other service providers shall have the opportunity to contribute to the development, implementation and evaluation of the service plan. (2)(5) Any unusual behavior, change in mood, change in attitude or attitude, suggestion of family problems or personal problems, need for help or services will shall be reported to the program. appropriate person. If the participant is a social services client, the report should shall be made to the participant's family family, caregiver, or responsible party and the department of social services worker or the social worker designated as consultant to the day care program by the department. If the participant is not a social services client, the report should shall be made to the person's family, caretaker, friend or whomever is caregiver or responsible party.for the person. A note should shall be made in the participant's record of action taken. (3)(6) The participant or the party responsible party for the participant may choose the days and number of days the participant will attend, with the program director's approval. (4)(7) AnyThe reason for any unscheduled participant absence shall be checked out at least by phone determined by the program staff and documented on the day it occurs. The program shall have the responsibility to attempt to contact the absent participant or the responsible party. occurs to find out the reason for the absence. If possible, the absent participant should be contacted directly. If impossible to contact the participant directly, the participant's social worker, family, caretaker, friend or other responsible person should be contacted. (5)(8) Responsibility for supervision rests with the facility The adult day care program shall have responsibility for the participant when a participant is registered in attendance. A participant leaving the program for part of a day shall sign out relieving the staff of further responsibility. If a participant has emotional or mental impairment which requires close supervision and that person needs or wants to leave the program during the day, the social worker, family, caretaker, caregiver, friend, or whomever is responsible party shall sign the person out. for the person shall be notified prior to the person's leaving the facility. Such contacts shall be documented in the participant's record. (c) Program ActivitiesPlan (1) The day care center or home shall have a program plan an activities schedule which meets the following criteria: (A) Overall planning of activities shall be based on elements of the individual service plans. (B) The primary program mode shall be the group process, both large and small groups, with provision for individual activities and services as needed. (C) Activities shall be adaptable and modifiable to allow for greater participation and to maintain participant's individual skill level. (C)(D) Activities shall be consistent with the stated program goals. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 363 (D)(E) Activities shall be planned jointly by staff and participants. Staff shall encourage participants to participate in the planning and operation of the program as much as they are able, and to use their skills, talent and knowledge in program planning and operation. (E)(F) All program activities shall be supervised by program staff. (F)(G) Participants shall have the choice of refusing to participate in any given activity. (H) Activities shall be age appropriate to participants. (2) The program plan activities schedule shall provide for the inclusion of following five types of cognitive activities to be available on a daily basis: basis, and be designed to: stimulate thinking and creativity; provide opportunities for learning new ideas and skills; help maintain existing reasoning skills and knowledge base; and provide opportunities to utilize previously learned skills. (A) diversional - activities to divert attention from self by focusing on projects that will result in a finished product and will foster feelings of achievement and self-worth. Such projects shall be designed to encourage learning, group interaction, creativity and a sense of personal fulfillment. (B) educational - activities and programs to provide exposure to and opportunities to learn new ideas and skills, to rekindle old skills, and to help participants become more self-sufficient. (C) social - activities to provide fun and enjoyment. (D) volunteer service - activities and projects to provide opportunities to do something for someone else in a manner that contributes to an attitude of self-worth and awareness of ability to contribute to the community. (E) program assistance - involvement in and assistance in carrying out program activities (ex. help with snacks, devotions, watering plants). Such participant involvement shall not be substituted for staff responsibility for program activities. (3) The program plan shall provide for a balance of activities among the five categories specified in (c)(2) of this Rule with such activities designed to: (A) improve the capacity of the participant for self-care and personal hygiene, increased feelings of self-worth and dignity; (B) improve the social and interactional skills of the participants; (C) provide opportunities for exposure to, awareness of, and involvement in social and community activities that promote creative use of leisure time; (D) improve participant's capacity for independence. (3) The activities schedule shall provide for the inclusion of physical activities to be available on a daily basis, and be designed to: improve or maintain mobility and overall strength; and increase or maintain joint range of motion. (4) The activities schedule shall provide for the inclusion of psychosocial activities to be available on a daily basis, and be designed to: provide opportunities for social interaction; develop a sense of belonging; promote goal-oriented use of time; create feelings of accomplishment; foster dignity and self-esteem; prompt self expression; and provide fun and enjoyment. (4)(5) The program plan activities schedule shall: shall be in writing and shall specify: (A) be in writing, specifying the name of each activity to be provided, the days of the week each activity shall be conducted, and the approximate length of time of each activity; (B) indicate the length of time the plan schedule is to be followed; and followed. (C) be posted weekly or monthly in a prominent place in the facility. (5) A schedule of activities shall be posted weekly or monthly, in a prominent place in the facility, listing by date the planned activities. (6) Physical activity shall be encouraged within the limits of the individual, as determined by medical information furnished by his physician. (7) Outings shall be scheduled as often as possible in order to stimulate the potential of each participant to be involved in the community. (8) Program staff shall be encouraged to explore and utilize other available community resources as part of the program. (9) Community services and resources (such as recreation programs, senior centers) shall be used as much as possible by the day care participants as a regular part of day care program activities. Authority G.S. 143B-153. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 364 10A NCAC 06R .0502 NUTRITION (a) A midday meal shall be provided to each participant in attendance at the an adult day care program during mealtime. The meal shall provide at least one-third of an adult's daily nutritional requirement as specified by the Dietary Guidelines for Americans, at the following website: (http://www.usda.gov/cnpp/DietGd.pdf). a registered dietitian or certified nutritionist. The menu shall be approved by a registered or licensed dietitian or nutritionist. Meals shall be prepared and served in a sanitary manner using safe food handling techniques. (b) Snacks and fluids shall be offered to meet the participant's nutritional and fluid needs. At a minimum, a A nutritious mid-morning and mid-afternoon snack shall be offered daily to participants. Snacks shall be planned to keep sugar, salt and cholesterol intake to a minimum. (c) A therapeutic diet shall be provided, if prescribed in writing by a physician, physician's assistant or nurse practitioner for any participant. If therapeutic diets are prepared by program staff, such staff shall have training in planning and preparing therapeutic diets or shall provide documentation of previous training and education sufficient to assure ability to prepare meals in accordance with a physician's prescription. (d) A registered dietitian or certified nutritionist shall give consultation to the staff on basic and special nutritional needs and proper food handling techniques and the prevention of foodborne illness. techniques. (e) An adult day care program shall neither admit nor continue to serve a participant whose dietary requirements cannot be accommodated by the program. (f) Meals shall be stored, prepared and served in a sanitary manner using safe food handling techniques such as those recommended by the United States Department of Agriculture, at the following website: http://www.fsis.usda.gov/Fact_Sheets/Safe_Food_Handling_Fac t_ Sheets/index.asp). The food service provider shall abide by the food safety and sanitation practices required by the Commission for Health Services rules applying to adult day care facilities, at the following website: (http://www.deh.enr.state.nc.us/ehs/Rules/t15a-18a.33.pdf). Authority G.S. 143B-153. 10A NCAC 06R .0503 TRANSPORTATION (a) For programs providing or arranging for public transportation, the adult day care program shall have a transportation policy that includes routine and emergency procedures, with a copy of the relevant procedures located in all vehicles. Accidents, medical emergencies, weather emergencies and escort issues shall be addressed. (a)(b) When the adult day care program provides transportation, the following requirements must shall be met to ensure the health and safety of the participants: (1) Each person transported must shall have a seat in the vehicle. (2) Participants shall be transported no more than 30 minutes without being offered the opportunity to have a rest stop. (3) Vehicles used to transport participants shall be equipped with seatbelts. Participants shall be instructed to use seatbelts while being transported. (4) Vehicles shall be equipped with a first aid kit, consisting of the items listed in 10A NCAC 06S .0301(a), and a fire extinguisher. (b) It is desired that participants use public transportation, if available. Relatives and other responsible parties are encouraged to provide regular transportation, if possible. Authority G.S. 143B-153. 10A NCAC 06R .0504 EMERGENCIES AND FIRST AID (a) A fire safety and evacuation plan, approved by the office of the fire marshal or its designee, shall be prepared and maintained by each adult day care program in compliance with the North Carolina State Building and Fire Prevention Code. (a)(b) Plan for Emergencies. A written plan for handling emergencies shall be established and displayed prominently in the facility: (1) The plan shall relate to medical and non-medical emergencies and shall specify responsibilities of each staff member in an emergency. (2) All staff shall be knowledgeable about the plan. (3) The plan shall include conducting and documenting, as to date and kind of emergency, quarterly drills in handling emergencies, such as medical emergencies, natural disasters, fires and facility security. Regular drills in handling different kinds of emergencies shall be conducted and documented as to date and kind of emergency. (b)(c) Evacuation Plan. An evacuation plan shall be posted in each room and regular fire drills shall be conducted quarterly by programs with a fire safety sprinkler system and monthly by programs without a fire safety sprinkler system. at least quarterly. A record shall be kept of dates and time required to evacuate the facility. (c)(d) All physically able staff who have direct contact with participants are determined physically able shall complete certified training in standard first aid and cardio-pulmonary resuscitation (CPR).resuscitation. If a staff member determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR This training shall be: be current, as determined by the organization conducting the training and issuing the certification. (1) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Emergency Medical Services; (2) current, as determined by the organization conducting the training and issuing the certification; and PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 365 (3) documented on an official attendance card issued by the organization certifying the training, or documented by the attendance course roster, in which case the roster shall be signed by the instructor, indicate pass or fail for each student, indicate the length of time the training is valid, and be accompanied by a copy of the instructor's certification. (d)(e) The program shall arrange for medical assistance to be available in the event of an emergency. (f) The program shall have a portable basic emergency information file available on each client that includes: (1) hospital preference, physician of record and telephone number; (2) emergency contact (family or caregiver); (3) insurance information; (4) medications and allergies; (5) current diagnosis and history; and (6) advance directives, if any. (e)(g) Adult day care staff shall report actions taken in case of sickness Sickness and all accidents incidents resulting in physical injury or suspected physical injury injury, including incidents involving missing participants shall be reported to the program director. The program director or operator adult day care staff shall make sure that all persons needing medical attention receive such attention as soon as possible. Families of participants, or The family or responsible party of the participant involved and other responsible persons, and program staff are to shall be notified of emergency action taken as soon as possible. The program director or operator shall compile and keep on record a report of all emergency actions taken. A copy of the report shall be sent to the county department of social services within 72 hours of the incident. services. Authority G.S. 143B-153. 10A NCAC 06R .0505 MEDICATIONS All adult day care programs shall have written policies on participant medication use, medication administration order changes and medical disposal. (a)(b) Medications shall be administered according to the participant's established medication schedule as defined in Rule .0508(1)(d) (e) (v) of this Section or as authorized by the participant's caregiver. responsible caretaker. (b) Participants may keep and administer their own medicines while attending the day care program. If a participant is determined to be unable to be responsible for his medication, it shall be kept for him during the time he is present at the program and given to him to take at the prescribed time and dosage. Documentation of whether or not the medications are kept by the program shall be included in each participant's file. (c) A record of all medications given to each participant must shall be updated at a minimum of once every quarter and as needed and shall document kept indicating each dose given and is to include the following: (1) participant's name; (2) name, strength, dosage, quantity and route and quantity of the medication; (3) instructions for giving medication; (4) date and time medication is administered; and (5) name or initials of person giving the medication. If initials are used, a signature equivalent to those initials is to shall be entered on this record. (d) Medications kept by the program shall be kept in the original pharmacy containers in which they were dispensed. The containers shall be clearly labeled with the participant's full name, the name and strength of the medicine, and dosage and instructions for administration. Medicines kept by the program shall be kept in a locked location. in a safe place. (e) Only adult day health or adult day care and day health combination programs shall enroll or serve participants who require intravenous, intramuscular or subcutaneous medications while attending the program. (e) The program policy statement shall include the policy on medications, specifying that participants who are able to keep their medicines shall keep them safely and that the program will keep medicine of participants who are unable to be responsible for their own. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0506 HOURS AND DAYS OF OPERATION (a) The hours and days of operation shall be set to meet the needs of the participants and their families. (b)(a) Care Supervision of adult day program participants and adult day care program services shall be provided throughout all hours participants are present at the program. (c)(b) The program must shall operate for a minimum of six hours. hours each day. (d)(c) Day care programs shall provide care supervision of participants and program activities at least five days per week, except that a facility may be closed for designated holidays, for hazardous weather conditions, for vacations, and for other reasons as agreed by the director and the county department of social services. Late openings or early closures may be scheduled on days when hazardous weather conditions exist or when emergency situations arise. (e) Attendance schedules for individual participants should be designed to accommodate the work schedules of participants' caretaker. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0507 AVAILABILITY AND ACCESSIBILITY OF PROGRAM POLICIES The adult day care program policy statement policies shall be posted in the facility during hours of operation provided to the participant's family member, responsible party or caretaker at the time of enrollment and copies shall be available on request [.0301(b)(5)(A) or (c)(3)(A) of this Subchapter]. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0508 RECORDS (a) Each adult day care program shall maintain records to document the progress of each participant and to document PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 366 program operation. Such records shall be kept in a locked file. The following records are required: (1) Individual Client Records. An individual folder for each participant shall be established and maintained, including a signed application recording: including: (a) a signed application recording: (i)(A) client's full name; (ii)(B) address and telephone number; (iii)(C) date of birth, marital status and living arrangement of client; (iv)(D) time of day client will arrive and time of day client will leave the program; center, on the average; (v)(E) travel arrangements to and from the center program for the client; (vi)(F) name, address and telephone number of at least two family members or friends who are responsible for the client and can be contacted in emergencies; (vii)(G) name, address and telephone number of a licensed medical service provider who will see the client on request; and (H) personal concerns and knowledge of the caregiver that may have an impact on the care plan. (b)(2) An individual folder for each participant shall be established and maintain copies of all current and former signed authorizations for the day care program to receive and give out confidential information on the participant. participant when necessary to maintain the participant's health and to help the participant improve. Such authorization shall include the name of the party from whom information is requested and to whom information is given. Such authorization must shall be dated within the prior 12 months and obtained each time a request for client participant information is made. made from a different party; (c)(3) An individual folder for each participant shall be established and maintain a signed authorization for the client to receive emergency medical care from any licensed medical practitioner, if such emergency care is needed by the client; (d)(4) An individual folder for each participant shall be established and maintain a medical examination report conducted within the past three months of enrollment and updated annually, signed by a licensed physician physician, or physician's assistant; assistant or nurse practitioner.This report must be completed prior to enrollment and updated annually thereafter. The report shall include information on: (i)(A) current diseases and chronic conditions and the degree to which these diseases and conditions require observation by day care staff, and restriction of normal activities by the client; diseases/conditions require: (A) special attention by day care staff, (B) restriction of normal activities by the client; (ii)(B) presence and degree of psychiatric problems; (iii)(C) amount of direct supervision the client requires; (iv)(D) any limitations on physical activities; activities, such as walking, exercises, etc.; (v)(E) listing of all medications with dosages and times medications are to be administered; and (vi)(F) most recent date participant was seen by doctor. doctor; (5) An individual folder for each participant shall be established and maintain assessment forms as identified in Rule .0501(a)(2), (b)(1) and (b)(2) of this Section. (e)(6) An individual folder for each participant shall be established and maintain progress notes: the written report of staff discussions, conferences, consultation with family or other interested parties, evaluation of a participant's progress and any other significant information regarding a participant's situation. situation; (f)(7) An individual folder for each participant shall be established and maintain all service plans for the participant, including scheduled days of attendance, for the preceding 12 months. participant; (g)(8) An individual folder for each participant shall be established and maintain a signed authorization if the participant or his responsible party will permit photographs photographs, video, audio recordings or slides of the participant to be made by the day care program and specifying the publicity efforts program, whether for medical documentation, publicity, or any other purpose. Such authorization shall specify how and where in which such photographs photographs, video, audio recordings or slides will be used. Such authorization used, and must be obtained prior to taking photographs any photographs, video, audio recordings or slides of the participant; (h)(9) An individual folder for each participant shall be established and maintain a statement signed by the participant, a family member or other responsible person party (when applicable) acknowledging receipt of the program's policy statement program policies and agreeing to PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 367 uphold program policies pertaining to their the participant. (2)(b) Program Records for Day Care Centers. Centers and Homes shall be kept a minimum of three years and Program records shall contain: (a)(1) copies of activity schedules; program plans; (b)(2) monthly records of expenses and income, including fees collected, and fees to be collected; (c)(3) all bills, receipts and other pertinent information which document expenses and income; income, to be kept for a minimum of three years; (d)(4) a daily record of attendance of participants by name; (e)(5) accident reports; (f)(6) a record of staff absences, annual leave and sick leave, including dates and names of substitutes; (g)(7) reports on emergency and fire drills; (h)(8) individual personnel records on all staff members including: (i)(A) application for employment; (B) evidence of a state criminal history check on each employee providing direct care; (ii)(C) job description; (iii)(D) medical certification of absence of a health condition that would pose a risk to others; communicable disease; (iv)(E) written note or report on any personnel action taken with the employee; (v)(F) written report of annual employee review; (G) CPR and first aid training documentation; and (H) signed statement to keep all participant information confidential. (i)(9) a copy of all written policies, including: (i)(A) program policies; policy statement; (ii)(B) personnel policies; (iii)(C) agreements; agreements regarding shared space or space licensed by other Divisions; (iv)(D) plan for emergencies; and (v)(E) evacuation plan; evacuation; (j)(10) evaluation reports; and (k)(11) control file of DSS-1360s for all participants for whom Social Services Block Grant (Title XX) reimbursement is claimed. (3) Program Records for Day Care Homes. Program records shall contain: (a) copies of program plans; (b) a monthly record of the expenses and income of the day care program; (c) all bills, receipts and other pertinent information which document expenses and income, to be kept for a minimum of three years; (d) a daily record of attendance of participants; (e) accident reports; (f) a copy of all written policies, including: (i) program policy statement; (ii) personnel policies; (iii) agreements; (iv) plan for emergencies; (v) evacuation plan; (g) program evaluation reports; (h) reports on emergency and fire drills; (i) control file of DSS-1360s on all participants for whom Social Services Block Grant (Title XX) reimbursement is claimed. Authority G.S. 131D-6; 143B-153. SECTION .0600 – CERTIFICATION PROCEDURE 10A NCAC 06R .0601 PROCEDURE (a) All individuals, groups or organizations operating or wishing to operate an adult day care program as defined by G.S. 131D-6 must shall apply for a certificate to the county department of social services in the county where the program is to be operated. (b) A designated social worker will supply necessary forms and standards for certification and will shall provide technical assistance and shall conduct make a study of the program with the Division of Aging and Adult Services Form DAAS-1500 or DAAS-6205. program. (c) The initial certification package shall be submitted through the county department of social services to the state Division of Aging and Adult Services. The materials and forms to be included in the package are: The following forms and materials make up an initial certification package and must be submitted through the county department of social services to the state Division of Aging: (1) The program policy statement;program policies; (2) Organizational organizational diagram; (3) Job job descriptions; (4) Documentation documentation showing planned expenditures and resources available to carry out the program of service for a 12 month period; (5) A a floor plan of the facility showing measurements, restrooms and planned use of space; (6) Form DSS-1498 DOA-1498 (Fire Inspection Report) or the equivalent completed and signed by the local fire inspector, indicating approval of the facility, no more than 30 days prior to submission with the certification package; PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 368 (7) Form DSS-1499 DOA-1499 (Building Inspection Report for Adult Day Care Centers), Services for Adults)DOA-1499a (Building Inspection Form for Adult Day Care Homes), or the equivalent completed and signed by the local building inspector, or fire inspector or fire marshall if a building inspector is not available, inspector indicating approval of the facility, no more than 30 days prior to submission with the certification package; (8) Form DSS-2386 DENR-4054 (Sanitation Evaluation Report) or the equivalent completed and signed by a local sanitarian, indicating approval of the facility, no more than 30 days prior to the submission with the certification package; (9) Written written notice and the effective date, date if a variance of local zoning ordinances has been made in order for property to be utilized for an adult day care program; (10) A a copy of the articles of incorporation, bylaws and names and addresses of board members, members for adult day care programs sponsored by a non-profit corporation; (11) The the name and mailing address of the owner if a proprietary program; (12) A a written medical statement from a physician, nurse practitioner or a physician's assistant, completed within the 12 months prior to submission of the certification package, for each proposed staff member certifying absence of a health condition that would pose a risk to others and that the employee can perform the duties normally assigned on the job; to freedom from communicable disease or condition and to good health signed by a licensed physician, physician assistant or nurse practitioner no more than 30 days prior to submission with the certification package. When such certification cannot be made, the proposed staff member may be hired based on an assessment of whether the work tasks would pose a significant risk to the health of the employee, co-workers, or the public, or whether the employee is unable to perform the normally assigned job duties; and (13) verification of standard first aid and cardio-pulmonary resuscitation certification (CPR) for each proposed staff member who is physically able and who will have direct contact with participants. If a staff member is determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR training shall be: (A) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Emergency Medical Services; (B) current, as determined by the organization conducting the training and issuing the certification; and (C) documented on an official attendance card issued by the organization certifying the training, or documented by the attendance course roster, in which case the roster shall be signed by the instructor, indicate pass or fail for each student, indicate the length of time the training is valid and be accompanied by a copy of the instructor's certification. (14) evidence of the completion of a state criminal history check for the program owner and each proposed staff member having direct contact with participants; and (13)(15) DSS-1500 DAAS-1500 (Adult Day Care Certification Report). This form must be submitted by the county department of social services with a copy to the program. (d) The following forms and materials make up a certification package for the renewal of a certification and must shall be submitted through the county department of social services, no more than 60 days prior to the end of the current period of certification, to the state Division of Aging and Adult Services: Aging: (1) Form DSS-1498 DOA-1498 (Fire Inspection Report) or the equivalent completed and signed by the local fire inspector, indicating approval of the facility, dated no more than 12 months prior to submission with the certification package; (2) Form DSS-1499 DOA-1499 (Building Inspection Report for Adult Day Care Centers), DOA-1499a (Building Inspection Form for Adult Day Care Homes), Services for Adults) or the equivalent when structural building modifications have been made during the previous 12 months, completed and signed by the local building inspector, or fire inspector or fire marshall if a building inspector is not available, inspector indicating approval of the facility, within 30 days following completion of the structural building modifications; (3) Form DSS-2386 DENR-4054 (Sanitation Evaluation Report) or the equivalent completed and signed by a local sanitarian, environmental health specialist, indicating approval of the facility, no more than 12 PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 369 months prior to submission with the certification package; (4) A a written medical statement from a physician, nurse practitioner or physician's assistant for each staff member hired subsequent to the previous certification or recertification expiration date, certifying absence of a health condition that would pose a risk to others and that the employee can perform the duties normally assigned on the job; to freedom from communicable disease or condition and to good health signed by a licensed physician, physician assistant or nurse practitioner no more than 12 months prior to submission with the certification package. When such a certification cannot be made, employment may be continued, terminated, or reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers, or the public, or whether the employee is unable to perform normally assigned job duties; (5) An an updated copy of the policy statement, program policies, organizational diagram, job descriptions, names and addresses of board members if applicable, and a floor plan showing measurements, restrooms, and planned use of space, if any changes have been made since the previous certification package was submitted; (6) Documentation documentation showing planned expenditures and resources available to carry out the program of service for a 12 month period; and (7) verification of standard first aid and cardio-pulmonary resuscitation certification (CPR) for each proposed staff member who is physically able and who will have direct contact with participants. If a staff member is determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR training shall be: (A) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute or Emergency Medical Services; (B) current, as determined by the organization conducting the training and issuing the certification; and (C) documented by an official attendance card or attendance course roster, in which case the roster shall indicate pass or fail for each participant and be accompanied by the instructor's certification, signature, and length of time the training is valid. (7)(8) DSS-1500 DAAS-1500 (Adult Day Care Certification Report). This form must be submitted with the certification package by the Department of Social Services to the Division of Aging and Adult Services at least 30 days in advance of the expiration date of the certificate, with a copy to the program. (e) If during the study of the program it does not appear that all standards can be met, the county department will so inform the applicant, indicating in writing the reasons, and give the applicant an opportunity to withdraw the application. Upon the applicant's request, the application will be completed and submitted to the Division of Aging for consideration. (f)(e) Following review of the certification package, a pre-certification visit may be made by staff of state Division of Aging and Adult Services. Aging. (g)(f) The Within 14 business days, the Division of Aging and Adult Services will promptly notify in writing shall provide written notification to the applicant and the county department of social services of the action taken after a review of the certification package and visit, if made. Authority G.S. 130A-148; 131D-6; 143B-153. SECTION .0700 - CONSTRUCTION REQUIREMENTS FOR DAY CARE HOME 10A NCAC 06R .0701 RESIDENTIAL BUILDING CODE REQUIREMENTS Construction Adult Day Care Homes initially certified after January 1, 2003 and those that make structural building modifications after this date shall must meet the residential building code requirements of the North Carolina Commercial Building Code. The requirements shall include: Insurance Department, including: (1) Standard standard wood frame, brick, block or veneer construction; (2) One story in height; Two stories in height are allowed provided: (a) Neither floor shall be greater than 1800 square feet in area. (b) No aged or physically infirm persons may be housed on the second floor. (c) No required participant facilities shall be located on the second floor. (d) A complete fire alarm system shall be installed with pull stations on each floor. (e) Interconnected products of combustion detectors directly wired to the house current shall be installed on each floor; (3)(2) Attic cannot attic shall not be used for storage; (4)(3) Porches porches and stoops must shall be protected by handrails; PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 370 (5)(4) Steps must steps shall be protected by handrails; and (5) all entrances, pathways and exits shall adhere to the North Carolina State Accessibility Code. (6) Corridor: (a) in existing buildings, a minimum width of three feet; (b) in new buildings, a minimum width of three and one-half feet; (c) well lighted sufficiently enough for residents to see clearly; (7) Outside entrances: (a) All outside doors must be three feet wide; (b) Must be at ground level; (c) All steps, porches, ramps or stoops protected by handrails. Authority G.S. 143B-153. 10A NCAC 06R .0702 FIRE AND SAFETY REQUIREMENTS Adult Day Care Homes shall: (1) have fire extinguishers of the type recommended by the fire inspector and governed by the North Carolina Fire Prevention Code, centrally located in the kitchen; (2) provide automatic station products of combustion type smoke detectors as required by the North Carolina Fire Prevention Code; (3) provide listed heat detectors in the attic and basement from the approved list in the North Carolina Fire Prevention Code; and (4) provide a fire safety and evacuation plan to be prepared according to requirements of the North Carolina Fire Prevention Code. (a) Fire extinguishers of the type recommended by the fire inspector but no less than a two and one-half gallon water type, centrally located and a dry powder or CO(2) type in the kitchen. (b) Provide automatic single station U.L. products of combustion type smoke detectors as determined by the local fire department or local building inspector as appropriate. These units must be operated by the house current. U.L. approved heat detectors in the attic and basement. (c) Other U.L. approved fire detection system as required by city ordinances or county building inspectors. (d) A written evacuation plan, in case of fire, approved by the local fire department, must be posted and rehearsed four times each year by staff and participants. Authority G.S. 143B-153. 10A NCAC 06R .0703 OTHER Adult day care programs initially certified after January 1, 2003, or those that make structural building modifications after this date, shall comply with the North Carolina building codes where are hereby incorporated by reference, including subsequent amendments and additions. Copies of the building codes may be obtained from the North Carolina Department of Insurance, Office of State Fire Marshall, 2101 Mail Service Center, Raleigh, NC 27699-2101, or telephone (919) 661-5880, at a cost of fifty dollars ($50.00); or available at the following website: http://www.ncdoi.com/OSFM/default.asp. (a) An approved central heating system (portable heaters of any kind are not allowed). (b) An approved hot water tank large enough to provide continuous h
Object Description
Description
Title | North Carolina register |
Date | 2006-08-15 |
Description | Volume 21, Issue 4, (August 15, 2006) |
Digital Characteristics-A | 642 KB; 81 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | NORTH CAROLINA REGISTER Volume 21, Issue 04 Pages 344 - 420 August 15, 2006 This issue contains documents officially filed through July 25, 2006. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Dana Sholes, Publications Coordinator Julie Edwards, Editorial Assistant Felicia Williams, Editorial Assistant Lisa Johnson, RRC Administrative Assistant IN THIS ISSUE I. EXECUTIVE ORDERS Executive Order No. 104 .........................................344 II. IN ADDITION Brownfields Property – Southern Bank & Trust......345 Building Code Council ............................................346 - 347 III. PROPOSED RULES Administration Environment & Natural Resources, Dept. of........348 – 350 Agriculture Agriculture, Board of ...........................................350 - 352 Commerce Credit Union Division ..........................................352 - 353 Health and Human Services Social Services Commission ................................353 - 376 Justice Sheriff's Education and Training Standards .........376 - 386 Commission Alarm Systems Licensing Board..........................386 – 387 Labor Labor/Elevator and Amusement Device Bureau ..387 – 388 Occupational Licensing Board & Commissions General Contractors, Board for ............................388 – 390 Pharmacy, Board of..............................................390 – 395 Respiratory Care Board ........................................395 – 396 Recreational Therapy Licensure, Board of...........396 - 405 IV. RULES REVIEW COMMISSION.......................406 - 417 V. CONTESTED CASE DECISIONS Index to ALJ Decisions............................................418 - 420 Text of Selected Decisions For the CUMULATIVE INDEX to the NC Register go to: http://reports.oah.state.nc.us/cumulativeIndex.pl North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714. NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. Subchapters are optional classifications to be used by agencies when appropriate. NCAC TITLES TITLE 21 LICENSING BOARDS TITLE 24 INDEPENDENT AGENCIES 1 ADMINISTRATION 2 AGRICULTURE & CONSUMER SERVICES 3 AUDITOR 4 COMMERCE 5 CORRECTION 6 COUNCIL OF STATE 7 CULTURAL RESOURCES 8 ELECTIONS 9 GOVERNOR 10A HEALTH AND HUMAN SERVICES 11 INSURANCE 12 JUSTICE 13 LABOR 14A CRIME CONTROL & PUBLIC SAFETY 15A ENVIRONMENT &NATURAL RESOURCES 16 PUBLIC EDUCATION 17 REVENUE 18 SECRETARY OF STATE 19A TRANSPORTATION 20 TREASURER 21* OCCUPATIONAL LICENSING BOARDS 22 ADMINISTRATIVE PROCEDURES (REPEALED) 23 COMMUNITY COLLEGES 24* INDEPENDENT AGENCIES 25 STATE PERSONNEL 26 ADMINISTRATIVE HEARINGS 27 NC STATE BAR 28 JUVENILE JUSTICE AND DELINQUENCY PREVENTION 1 Acupuncture 2 Architecture 3 Athletic Trainer Examiners 4 Auctioneers 6 Barber Examiners 8 Certified Public Accountant Examiners 10 Chiropractic Examiners 11 Employee Assistance Professionals 12 General Contractors 14 Cosmetic Art Examiners 16 Dental Examiners 17 Dietetics/Nutrition 18 Electrical Contractors 19 Electrolysis 20 Foresters 21 Geologists 22 Hearing Aid Dealers and Fitters 25 Interpreter/Transliterator 26 Landscape Architects 28 Landscape Contractors 29 Locksmith Licensing 30 Massage & Bodywork Therapy 31 Marital and Family Therapy 32 Medical Examiners 33 Midwifery Joint Committee 34 Funeral Service 36 Nursing 37 Nursing Home Administrators 38 Occupational Therapists 40 Opticians 42 Optometry 44 Osteopathic Examination (Repealed) 45 Pastoral Counselors, Fee-Based Practicing 46 Pharmacy 48 Physical Therapy Examiners 50 Plumbing, Heating & Fire Sprinkler Contractors 52 Podiatry Examiners 53 Professional Counselors 54 Psychology 56 Professional Engineers & Land Surveyors 57 Real Estate Appraisal 58 Real Estate Commission 60 Refrigeration Examiners 61 Respiratory Care 62 Sanitarian Examiners 63 Social Work Certification 64 Speech & Language Pathologists & Audiologists 65 Therapeutic Recreation Certification 66 Veterinary Medical 68 Substance Abuse Professionals 69 Soil Scientists 1 Housing Finance 2 Agricultural Finance Authority 3 Safety & Health Review Board 4 Reserved 5 State Health Plan Purchasing Alliance Board Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies. NORTH CAROLINA REGISTER Publication Schedule for January 2006 – December 2006 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule (first legislative day of the next regular session) 270th day from publication in the Register 20:13 01/03/06 12/08/05 01/18/06 03/06/06 03/20/06 05/01/06 05/09/06 09/30/06 20:14 01/17/06 12/21/05 02/01/06 03/20/06 04/20/06 06/01/06 01/07 10/14/06 20:15 02/01/06 01/10/06 02/16/06 04/03/06 04/20/06 06/01/06 01/07 10/29/06 20:16 02/15/06 01/25/06 03/02/06 04/17/06 04/20/06 06/01/06 01/07 11/12/06 20:17 03/01/06 02/08/06 03/16/06 05/01/06 05/22/06 07/01/06 01/07 11/26/06 20:18 03/15/06 02/22/06 03/30/06 05/15/06 05/22/06 07/01/06 01/07 12/10/06 20:19 04/03/06 03/13/06 04/18/06 06/02/06 06/20/06 08/01/06 01/07 12/29/06 20:20 04/17/06 03/24/06 05/02/06 06/16/06 06/20/06 08/01/06 01/07 01/12/07 20:21 05/01/06 04/07/06 05/16/06 06/30/06 07/20/06 09/01/06 01/07 01/26/07 20:22 05/15/06 04/24/06 05/30/06 07/14/06 07/20/06 09/01/06 01/07 02/09/07 20:23 06/01/06 05/10/06 06/16/06 07/31/06 08/21/06 10/01/06 01/07 02/26/07 20:24 06/15/06 05/24/06 06/30/06 08/14/06 08/21/06 10/01/06 01/07 03/12/07 21:01 07/03/06 06/12/06 07/18/06 09/01/06 09/20/06 11/01/06 01/07 03/30/07 21:02 07/17/06 06/23/06 08/01/06 09/15/06 09/20/06 11/01/06 01/07 04/13/07 21:03 08/01/06 07/11/06 08/16/06 10/02/06 10/20/06 12/01/06 01/07 04/28/07 21:04 08/15/06 07/25/06 08/30/06 10/16/06 10/20/06 12/01/06 01/07 05/12/07 21:05 09/01/06 08/11/06 09/16/06 10/31/06 11/20/06 01/01/07 01/07 05/29/07 21:06 09/15/06 08/24/06 09/30/06 11/14/06 11/20/06 01/01/07 01/07 06/12/07 21:07 10/02/06 09/11/06 10/17/06 12/01/06 12/20/06 02/01/07 05/08 06/29/07 21:08 10/16/06 09/25/06 10/31/06 12/15/06 12/20/06 02/01/07 05/08 07/13/07 21:09 11/01/06 10/11/06 11/16/06 01/01/07 01/22/07 03/01/07 05/08 07/29/07 21:10 11/15/06 10/24/06 11/30/06 01/15/07 01/22/07 03/01/07 05/08 08/12/07 21:11 12/01/06 11/07/06 12/16/06 01/30/07 02/20/07 04/01/07 05/08 08/28/07 21:12 12/15/06 11/22/06 12/30/06 02/13/07 02/20/07 04/01/07 05/08 09/11/07 EXPLANATION OF THE PUBLICATION SCHEDULE This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6. GENERAL The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency: (1) temporary rules; (2) notices of rule-making proceedings; (3) text of proposed rules; (4) text of permanent rules approved by the Rules Review Commission; (5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165; (6) Executive Orders of the Governor; (7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public. COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday. FILING DEADLINES ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees. LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees. NOTICE OF TEXT EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published. END OF REQUIRED COMMENT PERIOD An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer. DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month. FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B- 21.3, Effective date of rules. EXECUTIVE ORDERS 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 344 EXECUTIVE ORDER NO. 104 AMENDING EXECUTIVE ORDER NO. 56, NORTH CAROLINA INTERAGENCY COUNCIL FOR COORDINATING HOMELESS PROGRAMS By the power vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED THAT: Section 3 of Executive Order No. 56 issued by Michael F. Easley on January 20, 2004, is hereby amended as follows: Section 3. Chair and Terms of Membership Each appointment shall be for a term of three years. (All other language within this section is deleted.) This order is effective immediately. IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this thirteenth day of July in the year of our Lord two thousand and six, and of the Independence of the United States of America the two hundred and thirtieth. __________________________________________ Michael F. Easley Governor ATTEST: __________________________________________ Elaine F. Marshall Secretary of State IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 345 Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Southern Bank and Trust Company Pursuant to N.C.G.S. § 130A-310.34, Southern Bank and Trust Company has filed with the North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Edenton, Chowan County, North Carolina. The Property, which is known as the former Chowan Veneer Company site, consists of approximately 12.4 acres and is located at 259 and 262 Coke Avenue. Environmental contamination exists on the Property in groundwater. Southern Bank and Trust Company has committed itself to allow no use of the Property other than for residential, commercial office or commercial retail purposes. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Southern Bank and Trust Company, which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Shepard Pruden Memorial Library, 106 West Water Street, Edenton, North Carolina, 27932 by contacting Rosa Lee Miller at (252)-482-4112 or at Shepard-pruden@ pettigrewlibraries.org; or at the offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that address, at (919) 508-8411 or at shirley.liggin@ncmail.net. Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the Brownfields property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins. Thus, if Southern Bank and Trust Company, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on August 16, 2006. All such comments and requests should be addressed as follows: Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 346 NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING NORTH CAROLINA BUILDING CODE COUNCIL Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with G.S. 150B-21.5(d). Citation to Existing Rule Affected by this Rule-Making: NC Administrative and Building Codes. Authority for Rule-making: G.S. 143-136; 143-138. Reason for Proposed Action: To incorporate changes in the NC Building Codes as a result of rulemaking petitions filed with the NC Building Code Council and to incorporate changes proposed by the Council. Public Hearing: September 11, 2006, 1:00PM, Asheville Public Works Building, 161 South Charlotte Street, Asheville, NC 28801. Comment Procedures: Written comments may be sent to Barry Gupton, Secretary, NC Building Code Council, c/o NC Department of Insurance, 322 Chapanoke Road, Suite 200, Raleigh, NC 27603. Comment period expires on October 16, 2006. Statement of Subject Matter: 1. Request by the Special Inspections Ad Hoc Committee to amend the 2006 NC Administrative Code requirements for special inspections. 107.5 Special Inspections. Special inspections required by the building code or the building inspector shall be performed by a NC registered design professional or a qualified inspector under their responsible charge. 2. Request by the Special Inspections Ad Hoc Committee to amend the 2006 NC Building Code requirements for special inspections. 1704 Special Inspections 1704.1 General. Where application is made for construction as described in this section, the building official, at the official’s discretion, may require the owner to employ one or more special inspectors to provide inspections during construction on the types of work listed under Section 1704 per 1704.1.2. The special inspector shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. These inspections are in addition to the inspections specified in the North Carolina Administrative Code and Policies. Exceptions: 1. Special inspections are not required for work of a minor nature or as warranted by conditions in the jurisdiction as approved by the building official. 2. Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registration and certification of engineers or architects. 3. Unless otherwise required by the building official, special inspections are not required for occupancies in Group R-3 as application in 101.2 and occupancies in Group U that are accessory to a residential occupancy including, but not limited, those listed in 312.1 1704.1.1 Building permit requirement. The permit applicant shall submit a statement of special inspections prepared by the registered design professional in responsible charge in accordance with Section 106.1 as a condition for permit issuance. This statement shall include a complete list of materials and work requiring special inspections by this section, the inspections to be performed and a list of the individuals, approved agencies or firms intended to be retained for conducting such inspections. 1704.1.2 Special Inspections requirement. Special inspections per Section 1704 are required for building, building components or other structures per the following: 1. Buildings or other structures listed in Table 1604.5 in category II if: a. Building height exceeds 45 feet or three stories, or b. The building is an Underground buildings per 405.1; 2. Buildings or other structures listed in table 1604.5 in categories III or IV; 3. Piles, piers and special foundations; 4. Retaining walls exceeding 5 feet height per 1610.3; 5. Smoke control and smoke exhaust systems; IN ADDITION 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 347 6. Sprayed fire-resistant materials; or 7. Special case described in 1704.13. 1704.1.3 Report requirement. Special inspectors shall keep records of inspections. The special inspector shall furnish inspection reports to the building official, and to the registered design professional in responsible charge. Reports shall indicate that work inspected was done in conformance to approved construction documents. Discrepancies shall be brought to the immediate attention of the contractor for correction. If the discrepancies are not corrected, the discrepancies shall be brought to the attention of the building official and to the registered design professional in responsible charge prior to the completion of that phase of the work. A final report of inspections documenting required special inspections and correction of any discrepancies noted in the inspection shall be submitted periodically at a frequency agreed upon by the permit applicant and the building official prior to the start of work. Butch Simmons requested that these two parts go through the rule making process. Al Bass made a motion to accept the two items. The motion was seconded. Mr. Bass requested that this wording be included in the printing of the code books if the requirements go thought the rule making process. The motion carried without dissent. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 348 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 01 – DEPARTMENT OF ADMINISTRATION Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Environment and Natural Resources intends to repeal the rules cited as 01 NCAC 12 .0601 - .0605, .0701 - .0704, .1001 - .1008. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Contact David Griffin, Division Director, by mail NC Aquariums, 417 N. Blount Street, Raleigh, NC 27601, or by email at david.griffin@ncmail.net. Reason for Proposed Action: 01 NCAC 12 .0601- is mostly incorrect and otherwise not needed. 01 NCAC 12 .0602 – is not needed. 01 NCAC 12 .0603 - .0604 – is incorrect. 01 NCAC 12 .0605 - is incorrect and does not comply with G.S. 150B. 01 NCAC 12 .0701 - .0704 – is no longer needed because the General Assembly repealed G.S. 143B-390.2(b). 01 NCAC 12 .1001 – .1008 – is not needed because the Aquariums no longer provide research space to other agencies. Procedure by which a person can object to the agency on a proposed rule: Contact David Griffin, Division Director, by mail, NC Aquariums, 417 North Blount Street, Raleigh, NC 27601, or by email at david.griffin@ncmail.net. Comments may be submitted to: David Griffin, 417 N. Blount Street, Raleigh, NC 27601, email david.griffin@ncmail.net Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None SECTION .0600 - GENERAL PROVISIONS 01 NCAC 12 .0601 DEFINITIONS As used in Chapter 12 of Title 1: (1) "Aquarium" means the North Carolina Aquarium at Fort Fisher, at Pine Knoll Shores, or on Roanoke Island; (2) "Charitable" means for a benevolent purpose; (3) "Civic" means favoring the improvement of the environment, health, education, safety, general welfare, culture or recreation of the local community through non-political activities; (4) "Council" means the North Carolina Marine Science Council; (5) "Department" means the Department of Administration; (6) "Director" means a director of one of the three Aquariums or his or her designee; (7) "Facility" means the Aquarium building and associated buildings and grounds; (8) "Permissible user or activity" means a user or activity that is compatible with the intent and conditions of the N.C. Aquariums' Facility-Use Policy; (9) "Person" means any natural person, corporation, partnership, association, or governmental unit; (10) "Secretary" means the Secretary of Administration; (11) "User" means any natural person, corporation, partnership, association or governmental unit. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0602 NAME CHANGE Henceforth, the N.C. Marine Resources Center/Fort Fisher shall be known as the North Carolina Aquarium at Fort Fisher, the N.C. Marine Resources Center/Bogue Banks shall be known as the North Carolina Aquarium at Pine Knoll Shores, and the N.C. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 349 Marine Resources Center/Roanoke Island shall be known as the North Carolina Aquarium on Roanoke Island. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0603 FORMS The forms listed in this Rule affect the public and are available at: N.C. Aquarium on Roanoke Island N.C. Aquarium at Pine Knoll Shores P.O. Box 967 P.O. Box 580 Manteo, N.C. 27954 Atlantic Beach, N.C. 28512 (919) 473-3493 (919) 247-4003 N.C. Aquarium at Fort Fisher Office of Marine Affairs Box 130 N.C. Dept. of Administration Kure Beach, N.C. 28449 417 North Blount Street (919) 458-8257 Raleigh, N.C. 27601 (919) 733-2290 (1) Aquarium Facility-Use Policy; (2) Application for Use of Facility; (3) Contract for Off-Hours Use of Facility; (4) Application for Research Space; (5) Contract for Use of Research Space; (6) Cost Schedule for Use of Space; (7) Seasonal Aquarium Calendar of Events and Program Participation Procedures; and (8) Marine Science Council Operating Procedures. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0604 APPEALS Any person affected by a decision made pursuant to this chapter who wishes to appeal the decision shall direct the appeal in writing to the Secretary of Administration, 116 West Jones Street, Raleigh, N.C. 27611. Appeals of decisions of the Secretary made pursuant to this chapter shall be governed by Chapter 150B (Administrative Procedure Act) of the North Carolina General Statutes. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0605 ORGANIZATION: POWERS AND DUTIES The Office of Marine Affairs is organized to promote and advocate for public awareness, appreciation, study and wise utilization of the cultural and natural resources of coastal North Carolina. The office recommends state ocean policies, advocates for marine research, promotes wise stewardship and provides information and educational opportunities for the public. The office administers the three North Carolina Aquariums and the Outer Continental Shelf Resources Recovery Program and staffs the Marine Science Council. Information may be obtained from the office which is located at 417 North Blount Street, Raleigh 27601. Authority G.S. 143B-390.2(b). SECTION .0700 - MARINE SCIENCE COUNCIL 01 NCAC 12 .0701 STAFF The Council is staffed by the Office of Marine Affairs, 417 North Blount Street, Raleigh, N.C. 27601. Authority G.S. 143B-390.2(b); 01 NCAC 12 .0702 BYLAWS The Council's operating procedures are governed by its bylaws which are available from the Office of Marine Affairs or the Aquariums. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0703 AGENDA Any person desiring to have topics included on the agenda for discussion at a regular Council meeting shall notify the staff at least 20 days prior to the meeting date. Final approval for proposed agenda items rests with the Council executive committee. Authority G.S. 143B-390.2(b). 01 NCAC 12 .0704 MINUTES Minutes of Council meetings are available for inspection at the Office of Marine Affairs, 417 North Blount Street, Raleigh N.C. 27601. Authority G.S. 143B-390.2(b). SECTION .1000 - PROCEDURES FOR USE OF RESEARCH SPACE 01 NCAC 12 .1001 WHEN USE IS LESS THAN 60 DAYS Research applicants may apply directly to and receive approval from the director of the preferred facility if the period of continuous use is for 60 days or less. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1002 WHEN USE EXCEEDS 60 DAYS Potential researchers wishing to schedule space for a period greater than 60 days shall obtain a copy of the Facility-Use Policy and file a completed application with the Office of Marine Affairs, 417 North Blount Street, Raleigh, N.C. 27601, no more than 12 months prior to the date the space will be needed but no less than 60 days prior to the next regularly scheduled Council meeting. Applications and copies of the Facility-Use Policy are available at the Office of Marine Affairs and at each of the three Aquariums. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1003 APPLICATIONS FORWARDED PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 350 BY OFFICE OF MARINE AFFAIRS Upon receipt of a completed application, the Office of Marine Affairs shall forward a copy to the appropriate director for confirmation of space availability and comments by the Aquarium staff. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1004 REVIEW OF APPLICATIONS The director shall send his or her comments and recommendation for approval or disapproval to the Office of Marine Affairs for distribution along with the application to the Marine Science Council or a Council subcommittee for review. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1005 NOTIFICATION TO APPLICANT If denied, the director shall notify the applicant of the decision. Upon request, the director will provide the applicant with the reasons for denial of his or her application. If approved, the director shall allocate the space and notify the applicant. The letter of notification shall contain a statement warning that failure to appear to utilize the space within one week following the date for which it was requested may result in the approval being withdrawn. The letter shall also include the exact dates of the time during which the applicant will be allowed to occupy the space, any special conditions that might apply, and any fees that will be assessed. The letter shall also indicate that the applicant will be required to sign a contract before occupying the space. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1006 ANNUAL RENEWAL Approved researchers shall apply for renewal of the space on an annual basis at least 60 days before the end of the current period of use. Applications for renewal may be made by letter to the appropriate director who shall follow the steps outlined in Rules .1004 through .1005 of this Subchapter. The Council or subcommittee shall act on the request for renewal of space at the next regularly-scheduled meeting of the Council. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1007 CRITERIA FOR SELECTING APPLICANTS The following criteria shall apply in evaluating requests for use of research space: (1) The research should address problems affecting the use of coastal or marine resources. (2) The research must be compatible with the facilities of the Aquariums. (3) Applications indicating any of the following will receive high priority: (a) research offering potential of immediate application; (b) research which promotes public information, extension education programs, and advisory services of the Aquariums; (c) research requiring the unique features of the Aquariums (e.g. coastal location, multi-disciplinary setting, accessibility to visiting tourists and students, etc.); (d) research which contributes to fulfilling state goals and policies in marine affairs. Authority G.S. 143B-390.2(b). 01 NCAC 12 .1008 APPROVAL OR DENIAL At the next regularly-scheduled meeting of the council, action shall be taken regarding approval or denial of the application and any applicable use restrictions. The Office of Marine Affairs shall forward the results of the actions taken to the appropriate director. If denied, the council or subcommittee will specify in writing the reasons for its decision. Authority G.S. 143B-390.2(b). TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Agriculture intends to amend the rule cited as 02 NCAC 48B .0121. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Any person may request a public hearing on the proposed rule by submitting a request in writing no later than August 30, 2006, to David S. McLeod, Secretary, NC Board of Agriculture, 1001 Mail Service Center, Raleigh, NC 27699-1001. Reason for Proposed Action: The proposed amendment would add nickel to the list of secondary plant nutrients that are allowed to be claimed in the application for registration of fertilizer products and establish minimum guarantees for secondary plant nutrients. There is increased demand for fertilizer products containing nickel. Adding nickel to this list will allow the sale of these products while requiring the manufacturer to guarantee the amount claimed. Establishing minimum guarantees will ensure that there is sufficient amount of secondary nutrient present to be beneficial to plant growth. Procedure by which a person can object to the agency on a proposed rule: Any person may object to the proposed rule by submitting a written statement of objection(s) to David S. McLeod, Secretary, NC Board of Agriculture, 1001 Mail Service Center, Raleigh, NC 27699-1001. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 351 Comments may be submitted to: David S. McLeod, 1001 Mail Service Center, Raleigh, NC 27699-1001, phone (919) 733-7125 extension 249, fax (919) 716-0105, email david.mcleod@ncmail.net Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 48 - PLANT INDUSTRY SUBCHAPTER 48B - FERTILIZER SECTION .0100 - FERTILIZER STANDARDS 02 NCAC 48B .0121 APPLICATION FOR REGISTRATION OF FERTILIZERS (a) Each application for registration of any fertilizer shall include the: (1) net weight; (2) brand; (3) grade; (4) name and address of the person guaranteeing registration; and (5) sources from which nitrogen, phosphate, and potash are derived in mixed fertilizers. (b) Each application for registration of any fertilizer in addition to the general information contained in Paragraph (a) of this Rule, shall include a guaranteed analysis showing the percentages of plant food in the following order and form: (1) tobacco fertilizers: (A) total nitrogen (N) X Percent; [breakdown of nitrogen (N) is optional] (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (D) chlorine (maximum) X Percent; (2) fertilizer materials: (A) total nitrogen (N) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (3) specialty fertilizers, manures and fortified mulch: (A) total nitrogen (N) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent; (4) organic fertilizers: (A) total nitrogen (N) (see 2 02 NCAC 48B .0122) X Percent; (B) available phosphate (P2O5) X Percent; (C) soluble potash (K2O) X Percent. (c) Immediately following the guarantees for primary plant nutrients, the following secondary plant nutrients, if used, shall be listed on the application and guaranteed by percentage of each in elemental form: form, with the following minimum guarantees: Element Minimum Concentration, % (1) calcium (Ca); (Ca) 1.0000 (2) magnesium (Mg) (see 2 02 NCAC 48B .0132); .0132) 0.5000 (3) sulfur (S); (S) 1.0000 (4) boron (B); (B) 0.0200 (5) chlorine (Cl); (Cl) 0.1000 (6) cobalt (Co); (Co) 0.0005 PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 352 (7) copper (Cu); (Cu) 0.0500 (8) iron (Fe); (Fe) 0.1000 (9) manganese (Mn) (see 2 02 NCAC 48B .0132); .0132) 0.0500 (10) molybdenum (Mo); (Mo) 0.0005 (11) nickel (Ni) 0.0010 (11)(12) sodium (Na); and (Na) 0.1000 (12)(13) zinc (Zn). (Zn) 0.0500 Sources of these elements and proof of availability shall be provided to the Commissioner upon request. (d) A person shall not make any guarantee or claim for a secondary or minor plant nutrient not listed in Paragraph (c) of this Rule. (e) A person shall express potential acidity or basicity as equivalent pounds per ton of calcium carbonate, if acid forming or nonacid forming potential is guaranteed. (f) Where no determination of available phosphate for organic phosphates is made, total phosphate shall be guaranteed, except as provided in Paragraph (g) of this Rule. (g) Where unacidulated mineral phosphates or basic slag is used, both total and available phosphate, as well as degree of fineness, shall be guaranteed. Authority G.S. 106-660(a); 106-673. TITLE 04 – DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S. 150B-21.2 that the Credit Union Division of the North Carolina Department of Commerce intends to adopt the rule cited as 04 NCAC 06C .1205 and amend the rule cited as 04 NCAC 06C .1202. Proposed Effective Date: December 1, 2006 Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Written request for hearing to Antonio Knox, NCCUD Rule-making Coordinator, 4314 Mail Service Center, Raleigh, NC 27699- 4314 Reason for Proposed Action: To afford North Carolina state-chartered credit unions the authority to engage in activities in which they could engage, and to the same extent to which they could engage, as those afforded to federally chartered credit unions under 12 USC 1757(11), 12 CFR 710.39(d)(1), and 12 CFR 701.19, per the authority provided by NCGS 54- 109.21(25). Procedure by which a person can object to the agency on a proposed rule: Submission of written objections and/or a request for hearing to Antonio Knox, NCCUD Rule-making Coordinator, 4314 Mail Service Center, Raleigh, NC 27699- 4314. Comments may be submitted to: Antonio Knox, NC Credit Union Division, 4314 Mail Service Center, Raleigh, NC 27699- 4314 Comment period ends: October 16, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 06 - CREDIT UNION DIVISION SUBCHAPTER 06C - CREDIT UNIONS SECTION .1200 - INVESTMENTS 04 NCAC 06C .1202 PERMISSIBLE TRANSACTIONS Credit unions may: (1) purchase or sell securities in accordance with the North Carolina Credit Union Law and when the purchase or sale is to be completed within five business days after the agreement is made; (2) buy or sell a future contract only if it is used as a hedging contract incidental to the assembly of a pool of loans for sale in the secondary market; (3) enter into reverse repurchase agreements to meet ordinary and unexpected liquidity needs such as temporary share withdrawal or loan demands, but such agreements represent borrowing and are limited to the borrowing PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 353 limitations as specified in Regulation .0308 of this Subchapter; (4) enter into loan-type repurchase agreements only with their own members, other credit unions, or eligible credit union organizations; (5) enter into investment-type repurchase agreements if the following essential elements of a sale of security are included: (a) The Credit Union takes possession of the securities or receives a custodial or safekeeping receipt from a bank or other financial institution evidencing that the securities have been segregated from the general assets of the vendor. (b) The Credit Union is not required to deliver the identical securities in the event of repurchase. (c) The Credit Union assumes the risks of market fluctuation in the value of the securities at purchase. (d) The Credit Union receives the coupons or stated interest rate dividend on the securities purchased for the time period owned. (6) deliver written application to the Administrator to make investments and purchase insurance, mutual funds and fixed or variable annuity products so long as the investment or product is for the sole purpose of funding employee benefit, retirement or deferred compensation plans for employees of the credit union and the investment or purchase is to be made in light of applicable safety and soundness considerations of the credit union. The Administrator will promptly grant or deny said application, with or without conditions or provisions, and in any case within 60 calendar days following the receipt of the application by the Administrator. Authority G.S. 54-109.12; 54-109.82; 54-109.92(a). 04 NCAC 06C .1205 AUTOMATIC LIENS UPON ALL SHARE TO SECURE ALL DEBTS In addition to the lien on shares, deposits and accumulated dividends of members as granted by G.S. 54-109.59, a credit union shall also have an automatic lien upon all such shares, deposits and accumulated dividends to secure the full amount of all debts owed to the credit union by its member. This lien is to be equivalent to that lien upon members' shares granted to all federally chartered credit unions by the National Credit Union Act and its regulations. Authority G.S. 54-109.21(25). TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the Social Services Commission intends to amend the rules cited as 10A NCAC 06P .0201, .0401, 06R .0101 - .0102, .0201, .0301, .0303, .0305 - .0306, .0402 - .0403, .0501 - .0508, .0601, .0701 - .0703, 06S .0102, .0203 - .0204, .0301, .0402 - .0405. Proposed Effective Date: July 1, 2007 Public Hearing: Date: October 18, 2006 Time: 10:00 a.m. Location: Room 832, Albemarle Building, 325 N. Salisbury Street, Raleigh, NC Reason for Proposed Action: The majority of rules were originally effective in 1978-1979. There have been minor modifications to the rules, but the original language has remained the same. Interpretation & enforcement of many of these rules varies from county to county because, in many cases, the wording is vague and unclear. A committee comprised of adult day services program staff & State & county staff, met for over 3 years reviewing the rules to eliminate the vague language so that interpretation by those operating adult day programs & those regulating those programs is more consistent across the State. Additionally, updates in areas such as building & fire codes have been integrated & changes have been made to be consistent to other rules under the authority of the Secretary of the Department of Health and Human Services; therefore, bringing more consistency to the rules by eliminating conflicting language. Procedure by which a person can object to the agency on a proposed rule: Susan Dail, NC Division of Social Services, 325 N. Salisbury Street, 2401 Mail Service Center, Raleigh, NC 27699-2401, 919-733-3055, susan.dail@ncmail.net Comments may be submitted to: Susan Dail, 2401 Mail Service Center, Raleigh, NC 27699-2401, phone (919) 733- 3055, fax (919) 733-9386, email susan.dail@ncmail.net Comment period ends: October 18, 2006 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 354 concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact: State Local Substantive (>$3,000,000) None CHAPTER 06 – AGING: PROGRAM OPERATIONS SUBCHAPTER 06P – ADMINISTRATION OF ADULT DAY CARE SERVICES SECTION .0200 - CLIENT ELIGIBILITY: FEES AND CHARGES 10A NCAC 06P .0201 LIMITATIONS Limitations on the provision of day care services for adults receiving state or federal funds include the following: (1) Day care services for adults may shall be provided on a time-limited basis to individuals enrolled in adult day care who are no longer able to maintain themselves in an independent living situation and for whom placement in group care is necessary. Under these circumstances, adult day care services may continue to be provided for a maximum of 90 days after entering the group care facility. State and federal funds may not be used to support the provision of adult day care for individuals in group care beyond this 90 day period. period, except in the circumstances of Item (2) of this Rule. (2) Day care services for adults may shall be provided on a time-limited basis for individuals preparing to leave a group care facility for an independent living arrangement. Under these circumstances, adult day care services may be provided for a period of up to 90 days prior to the individual's discharge from the group care facility. Continued eligibility for adult day care after discharge from the group care facility shall be determined on the basis of basic eligibility criteria and need for the service as stated in 10A NCAC 71Q 71R .0501 or 10A NCAC 05A .0101(6) and (12). State and federal funds shall not be used to support the provision of adult day care for individuals in group care prior to this 90-day period, except in the circumstances of Item (1) of this Rule. (3) If a day care program's written admission criteria limit the number of persons with certain conditions which can be served at any one time and an eligible client with such a condition cannot be accepted because the program has its maximum number of persons with that condition, the client must be considered for enrollment at the first opening for persons with that condition. (4) Day care programs which receive federal or state funds administered by the Division of Social Services and which serve persons whose care is paid through some source other than federal or state funds must charge at least as much for those persons as for persons whose care is paid through funds administered by the division. (4) Adult day care participants shall be: (a) adults who do not need nursing supervision but who require complete, full-time daytime supervision in order to live in their own home or the home of a relative; or (b) adults who need help with activities of daily living in order to maintain themselves in their own home; or (c) adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to placement in group care; or (d) adults enrolled in an adult day care program who need time-limited support in making the transition from independent living to group care, or adults who need time-limited support in making the transition from group care to independent living. Authority G.S. 143B-153. SECTION .0400 - ROLE RESPONSIBILITIES IN PROGRAM CERTIFICATIONS 10A NCAC 06P .0401 STATE DIVISION OF AGING AND ADULT SERVICES RESPONSIBILITIES The Division of Aging and Adult Serviceshas the following responsibilities in certification of adult day care programs: is responsible for: (1) Consultation. The adult day care consultant in the Division of Aging and Adult Services shall be available to work with county departments of social services and day care providers regarding the development of adult day care services, interpretation of the North Carolina Adult Day Care and Day Health Services Standards for Certificationstandards and related issues; The regional service representatives shall be available to county departments of social services for consultation regarding the development of adult day care services as part of a county social services system; (2) Certification. The Division of Aging and Adult Services shall be responsible for all PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 355 actions regarding initial certification and annual recertification of adult day care programs based on the report and recommendations of the county department of social services and the adult day care consultant in the central office.office; and (3) Monitoring. The Division of Aging and Adult Services shall establish criteria for the local department of social services adult day care consultant to make announced and unannounced monitoring visits to certified adult day programs. An administrative letter identifying the criteria shall be signed by the Division Director and sent to all county departments of social services directors and adult day care providers. Authority G.S. 143B-153. SUBCHAPTER 06R - ADULT DAY CARE STANDARDS FOR CERTIFICATION SECTION .0100 - INTRODUCTION 10A NCAC 06R .0101 CERTIFICATION REQUIREMENT (a) Subchapter 06r 06R contains standards which have been developed for certification of adult day care programs. The standards relate to all aspects of operation of an adult day care program including administration, facility, and program operation. Adult day care programs, as defined in G.S. 131D-6, must shall be certified as meeting these standards. Programs exempted from certification requirements by G.S. 131D-6 must shall meet these standards for certification only if receiving funds administered by the Division of Aging and Adult Services for social services programs established by federal legislation. Certification is the responsibility of the county department of social services and the Department of Health and Human Services. (b) Any program making application for certification or making timely and sufficient application for renewal of certification must shall be in compliance with all standards for certification. If all standards are not being met, certification will shall be denied or limited as appropriate. Certification of any program in willful violation of standards as defined in Rule .0102(b) .0102(e) of this Subchapter will shall be revoked. Procedures in G.S. 150B-3 will shall be followed. (c) Any program which was in operation, not currently certified, and serving individuals prior to January 1, 1986, will have a period of no more than 90 days to make application for certification. During this time period the program may continue to operate unless continued operation will endanger the health, safety or welfare of the participants. During this time period consultation and technical assistance will be provided by the county department of social services to aid the program to achieve full compliance with the rules in this Subchapter. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0102 CORRECTIVE ACTION (a) Adult day care programs shall be inspected annually and monitored at least monthlyin accordance with the Division of Aging and Adult Services criteria for making announced and unannounced visits to assure compliance with the standards. Where a violation of G.S. 131D-6 or of this Subchapter is identified by staff of the county department of social services or the Division of Aging, Aging and Adult Services,or other authorized inspectors such as sanitarians, environmental health specialists, building and fire safety inspectors, the program director of the adult day care program must shall be notified in writing of the nature of the violation by that inspector and requested to take corrective action by the county department of social services. The county department of social services will shall determine, in consultation with the program director, the date by which corrective action must shall be completed based upon the severity of the violation and the effect of the violation on the participants of the program. (1)(b) Where a violation presents a clear and an immediate danger to the participants' health or safety, the program director is required to shall take immediate corrective action, after written notification, action to correct the source of danger or to remove the participants from the source of danger. Such action shall be documented in writing within 72 hours.The specific time for completion of corrective action will be included in the written notice. (2)(c) Where a violation has the potential to endanger the participants' health, safety, or welfare, the program director is required to shall take corrective action. The date specified for the completion of the corrective action must shall be no later than 30 days after the of written notification. (3)(d) Where a violation does not directly endanger the participants, such as a violation of administrative or record keeping standards, the program director is required to shall take corrective action. The date specified for the completion of the corrective action must shall be no later than within 90 days after the of written notification. (b)(e) If the violation continues beyond the established time for completion of corrective action, the program will shall be considered to be in willful violation of the standards and negative action will shall be taken in accordance with Rules .0802, .0804, and .0805 of this Subchapter. Authority G.S. 131D-6; 143B-153. SECTION .0200 - DEFINITION OF TERMS 10A NCAC 06R .0201 DEFINITIONS As used in this Subchapter, unless the context requires otherwise, the following definitions shall apply: (1) "Activities of Daily Living (ADL)" means eating; dressing; bathing; toileting; bowel and bladder control; transfers; and ambulation. (a)(2) "Adaptable space" Space" means space in a facility that can be used for several purposes with little effort and without sacrificing safety and health standards; for example, an activities room that is used for crafts in the morning, PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 356 used to serve lunch and used for exercise activities in the afternoon. (3) "Adaptable activity" means an activity where participation can be varied from individual, small group, or large group, and can occur seated, standing or lying down. (b)(4) "Adult" is means an individual 18 years of age or older. (5) "Adult Day Care Center" means a day care program operated in a structure other than a single family dwelling. (6) "Adult Day Care Home" means a day care program for up to 16 people operated in a single family dwelling where the owner resides. (7) "Adult Day Care Program" means the provision of group care and supervision in a place other than their usual place of abode on a less than 24-hour basis to adults who may be physically or mentally disabled. This term is used to refer to adult day care programs, adult day health programs, and adult day care and combined adult day health programs (i.e., combination programs). (c)(8) "Alzheimer's Disease" is means a progressive, degenerative disease that attacks of the brain resulting and results in impaired memory, thinking and behavior. Characteristic symptoms of the disease include gradual memory loss, impaired judgement, disorientation, personality change, difficulty in learning and loss of language skills. (d)(9) "Ambulatory" refers to means a person who is fully mobile and does not need the continuing help of a person or object for support (except a walking cane). (e)(10) "Capacity" is means the number of participants for which a day care program is certified. (f)(11) "Caretaker" (or "Caregiver") is means an adult who regularly provides an impaired adult with continuous supervision, assistance with preparation of meals, assistance with housework and assistance with personal grooming. (g)(l2) "Certification" is means the process whereby an adult day care program is approved as meeting adult day care standards. the North Carolina Adult Day Care Rules in 10A NCAC 06. (h)(13) "Certifying agency" is means the Department of Health and Human Services, Division of Aging.Aging and Adult Services. (i) "Day Care Center" means a day care program operated in a structure other than a single family dwelling. (j) "Day Care Home" means a day care program for two to six people operated in a single family dwelling. (14) "Dementia" means the loss of intellectual functions (such as thinking, remembering, and reasoning) of sufficient severity to interfere with a person's daily functioning. Dementia is not a disease itself but rather a group of symptoms that may accompany certain diseases or conditions. Symptoms may also include changes in personality, mood and behavior. (k)(15) "Group Process"process" means at least three persons engaged in a common activity that can bring pleasure, satisfaction and improvement to all members.activity. (l)(16) "Institution" is means a facility that is established to serve a particular purpose and is required by state law to be provided and maintained by the state and any facility defined in federal regulations as an institution. In North Carolina, the list of institutions includes but is not necessarily limited to: includes: general hospitals, state psychiatric hospitals, state centers for the retarded, mentally ill, skilled nursing facilities, and intermediate care facilities. (17) "Instrumental Activities of Daily Living (IADL)" means meal preparation, medication intake, housekeeping, money management, phone use, laundering, reading, shopping, communication such as speaking, writing, signing, gestures, using communication devices and going to necessary activities. (18) "Medication schedule" means a listing of all medications taken by participants with dosages, route of administration, and times medications are to be taken. (m)(19) "Mental health disability" is a severe, lifelong, chronic condition that is due to a mental or physical impairment or a combination of mental and physical impairments. means disorders with psychological or behavioral symptoms or impairment in functioning due to a social, psychological, genetic, physical, chemical or biological disturbance. (20) "Modifiable activity" means an activity that can be simplified and adapted as a participant's abilities decline or improve. (21) "Nucleus area" means adult day care programs located in a multi-use building and refers to the area not shared by any other programs located in the building but used only by the adult day care program. (n)(22) "Non-ambulatory" refers to means a person who is bedfast. (o)(23) "Nursing Care" is care" means skilled nursing care or intermediate care. (24) "On-site" means the area certified for the day care program. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 357 (p)(25) "Operator" is "Owner" means the person responsible for management of a day care home. home or day health home. (q)(26) "Other special needs disease or condition" refers to means a diagnosis, disease or disability, such as AIDS/HIV, that benefits from monitoring or oversight in a supervised setting. (x)(27) "Participant" is means a person enrolled in an adult day care program. (28) "Personal care" means tasks that range from assistance with basic personal hygiene and grooming, feeding, and ambulation, to medical monitoring and other health care related tasks. (r)(29) A "Physical Therapy Program" is "Physical therapy program" means a series of activities prescribed by a licensed physical therapist or activities administered under the supervision of a physical therapist. (s)(30) "Program director" means Director" is the person responsible for program planning, development and implementation in a day care center. program. (31) "Progress notes" means written reports in the participant's file of staff discussions, conferences, or consultation with family or other interested parties, for the purpose of evaluation of a participant's progress and any other information regarding the participant's situation. (t)(32) "Related disorders" means dementing dementia or impaired memory impairing conditions characterized by irreversible memory dysfunction. (33) "Respite care," as a component of adult day care programs, means a service provided to give temporary relief to the family or caregiver. Primarily, respite is provided to families caring for children or adults with disabilities or families caring for frail or disabled older adults. (34) "Responsible party" means the caretaker with primary day-to-day responsibility for an impaired adult. (u)(35) "Semi-ambulatory" refers to means a person who needs and uses the assistance of objects such as a wheelchair, crutches, walker, or other appliance or the support of another person on a regular and continuing basis to move about. (y)(36) A "Senior Center" is "Senior center" means a community or neighborhood facility for the organization and provision of a broad spectrum of services including health, social, nutritional and educational services and a facility for recreational and group activities for older persons. (Administration on Aging definition) (v)(37) "Special care services" aremeans services by a certified adult day care center program that promotes itself as providing programming, activities or care specifically designed for persons with Alzheimer's Disease, or other dementias, or related disorders, mental health disabilities, or other special needs diseases or conditions. (w)(38) "Supervising agency" is means the county department of social services in the county in which the day care program is located. The county department is responsible for seeing that certification standards are met on an on-going basis and for making a recommendation to the Division of Aging and Adult Services regarding certification. Authority G.S. 131D-6; 143B-153; S.L. 1999-334. SECTION .0300 - ADMINISTRATION 10A NCAC 06R .0301 GOVERNING BODY (a) Responsibility for sound management rests with the governing body of the day care program. In a private for-profit program, responsibility for management rests with the owner or board of directors; in a private, non-profit program, with the board of directors; in a public agency, with the board of that agency. (b) The governing body of a day care center program shall establish and maintain sound management procedures, including: (1) approval of organizational structure; (2) adoption of an annual budget; (3) regular review of financial status, making sure that the program is under sound fiscal management; This includes an conducting a review of the annual budget, monthly accounts of income and expenditures to reflect against the projected budget, and an annual audit; (4) appointment of the program director who may shall delegate responsibility for conduct of specific programmatic and administrative activities in accordance with policies adopted by the governing body; and (5) establishment adoption of written policies regarding operation, including; (A) program policy statement policies outlining program goals; enrollment and discharge criteria and procedures; hours of operation; types of services provided, including transportation if offered; rates and payments; and management of medications; and any other information considered appropriate to include in this document; the policy statement policies must shall be designed so copies can may be given to interested PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 358 parties who request information about the day care program; (B) personnel policies; and (C) any other policies deemed necessary, necessary by the governing body, such as agreements with other agencies and organizations. organizations; (D)(c) all All policies affecting clients shall be written in the most direct and understandable language. (c)(d) The operator owner of a day care home shall establish and maintain sound operating procedures, including the following: (1) develop an annual budget; (2) maintain monthly accounts of income and expenditures; and (3) establish written policies regarding operation, including: (A) program policy statement policies outlining program goals; enrollment and discharge criteria and procedures; hours of operation; types of services provided, including transportation if offered; rates and payments; and management of medications; and any other information considered appropriate to include in this document; the policy statement policies must shall be designed so copies can may be given to interested parties who request information about the day care program; (B) personnel policies; and (C) any other policies deemed necessary, such as agreements with other agencies and organizations. organizations; Authority G.S. 143B-153. 10A NCAC 06R .0303 AGREEMENTS (a) When the a day care program is located in a multiple-use facility (e.g., school, church) there must shall be a written agreement regarding the facility's cooperative use. The agreement shall contain the following as they apply to the adult day care program: time of use, maintenance of space, use of equipment, security, liability, and insurance. (b) For a program to utilize space currently certified or licensed for another purpose by a state agency, such as the North Carolina Division of Facility Services or the North Carolina Division of Child Development, a letter from the licensing agency shall be obtained granting permission to use the space for a purpose other than the original licensed one. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0305 PERSONNEL: CENTERS: HOMES WITH OPERATOR AND STAFF (a) General Requirements (1) The owner of adult day care homes initially certified after January 1, 2003, or homes that make structural building modifications after this date, shall reside in the home. (1)(2) Staff positions shall be planned and filled according to the goals of the program and the manpower needed to develop and direct the activities which meet these goals. (2) All staff of the program shall be competent, ethical, and qualified for the position held. (3) There shall be a criminal history record check of all newly-hired employees of adult day programs. (3)(4) There shall be a written job description for each position, full-time or part-time. The job description shall specify qualifications of education, experience, and personal traits (including such characteristics as ability to relate to people, patience, positive mental attitude, ability to listen, sense of responsibility to the program, etc.); education and experience; to whom employee is responsible; duties and responsibilities; and salary range. (4)(5) References, including former employers, shall be required in recruitment of staff. (5)(6) There shall be an established review process for each employee at least annually and following any probationary period. (6)(7) Provision shall be made for There shall be a written plan for orientation and staff development of new employees and volunteers and ongoing development and training of all staff. Documentation of such orientation, staff development and training shall be recorded. (7)(8) At least one substitute staff person shall be available to provide direct care in the absence of a regular staff person in order to maintain the required staff-participant ratio. Such substitute There shall be a written plan for staff substitutions in case of absences. The plan shall include the coverage of usual responsibilities as well as maintenance of staff/participant ratio. Substitute staff shall have the same qualifications and training as those required by the position and in this Subchapter. Substitutes are not required to have current certified CPR and First Aid training as long as other staff are present with this training at all times. qualifications, training, and personal credentials as a regular staff person giving direct care. Trained volunteers may be used instead of paid substitutes. (8)(9) Each Prior to beginning employment, each new employee must shall present a medical evidence statement, completed within the prior 12 months by a physician, nurse practitioner or physician's assistant, certifying that the PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 359 employee has no illness or health condition that would pose a health risk to others and that the employee can perform the duties assigned in the job. he is free from communicable disease or condition prior to beginning work and annually thereafter. When such evidence cannot be presented, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties. (b) Personnel Policies (1) Personnel policies and their content are the responsibility of each adult day care program. center. Each center is required to program shall state its policies in writing. A copy of this statement of personnel practice shall be given to each employee and shall state the center's program's policy on the following: (A) annual leave, (B) educational opportunities, (C) pay practices, (D) employee benefits, (E) grievance procedures, (F) performance and evaluation procedures, (G) criteria for advancement, (H) termination procedures, (I) hiring and firing responsibility, (J) use of any probationary period, (K) staff participation in reviews of personnel practices, (L) maternity leave, (M) military leave, (N) civil leave (jury duty and court attendance), and attendance). (O) protection of confidential information. (2) All policies developed must shall conform to the United States Department of Labor wage and hour regulations. regulation. (c) Staffing Pattern. The staffing pattern shall be dependent upon the enrollment criteria and the particular needs of the participants who are to be served. The ratio of paid staff to participants shall be adequate to meet the goals and objectives of the program. Whenever paid regularly scheduled staff are absent, substitutes must shall be used to maintain the staff-participant ratio. The minimum ratios shall be as follows: (1) Adult Day Care Homes One paid staff person with responsibility for direct participant care for up to each six participants, up to 16 participants total. participants; (2) Adult Day Care Centers One paid staff person with responsibility for direct participant care for each eight participants. (d) Program Director (1) The program director shall have the authority and responsibility for the management of activities and direction of staff to insure that activities and services are provided appropriately and in accordance with established policies. (2) The program director shall: shall meet all of the minimum qualifications and personal traits stated below: (A) shall be at least 18 years of age; (B) shall have completed at least a minimum of two years of formal post secondary education from an agency accredited institution of education by the United States Department of Education (including colleges, universities, technical institutes, and accredited correspondence schools) or shall have a high school education diploma or the equivalent and a combination minimum of five years experience and training in services to elderly or handicapped disabled adults; (C) shall have at least two years of work experience in a human services area, and demonstrated ability in supervision and administration; (D) shall provideprovide, prior to employment, a written medical statement from a physician, nurse practitioner, or physician's assistant assistant, completed within the prior 12 months, certifying absence of a health condition that would pose a risk to others and ability to perform the duties assigned on the job; and good health, including freedom from communicable disease or condition prior to employment and annually thereafter. When such a certification cannot be made, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties; (E) shall provide at least three current reference letters or the names of individuals with whom a reference interview can be conducted, including at least one former PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 360 employer.employer, if any. The individuals providing reference information must be knowledgeable shall have knowledge of the applicant director's background and qualifications. (3) In employing a program director, the governing body, agency or owner shall consider whether or not applicants exhibit the following characteristics. Only persons exhibiting the following characteristics shall be considered for the position of program director. These characteristics include: (A) maturity -- good judgment, emotional stability, ability to make decisions and set goals; (B) knowledge and understanding of the needs of the aging and disabled; (C) ability to design and implement a varied, structured program of group and individual activities; and (D) managerial and administrative skills - ability to supervise staff and to plan and coordinate meaningful staff training. (4) The adult day care center program shall have a full-time program director or a full-time substitute meeting the requirements as specified above. The program director shall assign authority and responsibility for the management of activities and direction of staff when the program director is not on site. director. Authority G.S. 130A-148; 131D-6; 143B-153. 10A NCAC 06R .0306 PERSONNEL: DAY CARE HOMES: ONLY STAFF PERSON IS OPERATOR (a) The operator shall:of an adult day care program shall meet the qualifications of director as defined in Rule .0305 of this Section. (1) be competent, ethical and qualified to carry out the responsibilities of providing a day care program; (2) have a minimum of a high school education or the equivalent; (3) be at least 18 years of age; (4) have at least two years of full-time work experience and demonstrated ability to manage all aspects of a day care program; (5) provide a written medical statement from a physician, nurse practitioner, or a physician's assistant certifying good health, including freedom from communicable disease or condition prior to employment and annually thereafter. When such a certification cannot be made, employment may commence, continue, terminate, or be reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers or the public, or whether the employee is unable to perform the normally assigned job duties; (6) provide at least three current reference letters or the names of individuals with whom a reference interview can be conducted, including at least one former employer, if any. The individuals providing reference information must be knowledgeable of the applicant operator's background and qualifications. (b) There shall be a minimum of one staff person during all hours of operation meeting the requirements set forth in Rule .0305 of this Section for each six participants, up to 16 participants total. two-six participants. (c) The A day care home shall have substitute or relief staff to enable the day care home to remain open on days when the operator is not available to supervise the program. The substitute or relief staff shall meet the requirements for this position as set forth in Rule .0305 of this Section. Authority G.S. 130A-148; 131D-6; 143B-153. SECTION .0400 – THE FACILITY 10A NCAC 06R .0402 BUILDING CONSTRUCTION (a) TheAn adult day care building must shall meet the approval of the local building inspector (or local fire inspector or fire marshal if a building inspector is not available) in terms of structural soundness and fire safety. (b) The program must shall provide at least one entrance at ground level with no steps or an entrance ramp with rails and a maximum slope of 1 in 12 (eight percent). The ramp must shall be covered with a securely fastened non-skid floor covering which is safely secured at both ends. Exception: day care homes which serve only ambulatory persons are not required to meet this standard. (c) The facility shall provide accessible toilets according to the North Carolina Accessibility Code. grab bars or safety frames at all toilets used by participants. (d) Facilities where six or fewer adults are served in a single family dwelling must shall meet building construction requirements for adult day care homes specified in Section .0700 of this Subchapter. (e) In programs administered in facilities other than single family dwellings, which are initially certified since March 1, 1977, the facilities must meet the handicapped section (Volume 1-C) of the All facilities initially certified after January 1, 2003, or those that make structural building modifications after this date shall meet the North Carolina State Building Code. Authority G.S. 143B-153. 10A NCAC 06R .0403 EQUIPMENT AND FURNISHINGS (a) Facility Adult Day Care facility equipment and furnishings shall be adequate to meet the needs of participants and staff and PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 361 enable efficient operation of the program. At a minimum, the The facility shall have: (1) at least one sturdy straight back chair or sturdy folding chair for each participant and each staff person, excluding those in wheelchairs; person; (2) table space adequate for all participants to be served a meal at a table at the same time and for program activities; (3) lounge, sofa or recliner seating chairs or sofas that allow for position changes, are upholstered or of soft material, and water and stain resistant, so that at least half of the participants can relax and rest at the same time. time; If all participants take a daily rest period at the same time, the facility shall have enough of such seating for all participants; and lounge, sofa or recliner seating so that all participants can rest and relax at the same time; (4) a quiet space with a minimum of one bed or cot beds or cots so that participants can lie down as needed separate from other program activities. (b) All equipment and furnishings shall be in good condition and safe for use by all participants and staff of the facility. Authority G.S. 143B-153. SECTION .0500 - PROGRAM OPERATION 10A NCAC 06R .0501 PLANNING PROGRAM ACTIVITIES (a) Enrollment Policies and Procedures (1) Each adult program shall have enrollment policies. Enrollment policies shall be in writing as a part of the program policy statement, policies and shall define the population served. who can be served and shall be flexible. These policies serve as the basis for determining who can shall be accepted into the program and for planning activities appropriate for the participants. The policies should shall be specific so as to guard against prevent enrolling people whose needs cannot realistically be met by the planned activities and should shall provide for dismissal of participants whose needs can no longer be met or who can no longer be cared for safely. If a day care program serves semi-ambulatory or non-ambulatory persons, it shall be so stated in the admissions criteria. (2) Enrollment procedures shall be in writing as a part of the program policy statement. Prior to enrollment, the applicant and applicant, family members or other significant person (if appropriate) must caretaker shall have a minimum of at least one personal interview with at least a minimum of one program staff member. During the interview, the staff shall complete initial documentation identifying social and medical care needs, any designated spiritual, religious or cultural needs, and a determination of whether the program can meet the individual's expressed needs. The staff person doing the interviewing shall sign the determination of needs and the responsible party shall sigh the application for enrollment. The signed application for enrollment and a current medical examination report must These signed documents shall be obtained before the individual's first day of attendance as a participant in the program. (3) A medical examination report signed by a physician, nurse practitioner or physician's assistant, completed within the prior six months, shall be obtained by the program within 30 days of enrollment. This report must be updated annually no later than the anniversary date of the initial report. (3)(4) At enrollment, or in the preliminary initial interview, the program policies shall be discussed with each applicant and family member or other caretaker, significant person (if applicable) and a copy of the program policy statement policies shall be provided. given to each. (5) Documentation of receipt of and agreement to abide by the program policies by the participant or responsible party shall be obtained by the program and kept in the participant's file. (6) The program policies shall contain: (A) a discharge policy outlining: the criteria for discharge and notification procedures for discharge; the timeframe and procedures for notifying family or responsible party of termination; and referral or follow-up procedures; (B) a medication policy as specified in Rule .0505 of this Section; (C) a description of participant's rights; (D) grievance policies and procedures for families; (E) advance directives policy; (F) non-discrimination policies; (G) procedure to maintain confidentiality; (H) policy on reporting suspected elder abuse or neglect; (I) description of the geographical area served by the program; and (J) inclement weather policies. (b) Planning Services for Individual Participants (1) Within 30 days of enrollment of a new participant, the program shall perform a comprehensive assessment and written service plan for each individual. The assessment shall PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 362 address the individual's ability to perform activities of daily living and instrumental activities of daily living while in the program. The mental, social, living environment, economic and physical health status of the individual shall also be assessed. The service plan shall be signed and dated by the program director or the director's designee. For adult day health participants the service plan shall be written and signed by a registered nurse. (1)(2) Each participant shall have an individualized written plan for services in the program. In developing the written service plan, the participant and his family program shall include the participant, family members, or responsible party and other agency professionals with knowledge of the individual's needs. The service plan shall be based on strengths, needs and abilities identified in the assessment. should be included, as appropriate. The assessment and service plan shall be initiated at enrollment and shall be reviewed at regular intervals, and no less than once every six months. intervals. The service plan shall include: (A) the needs and strengths of the participant; person; (B) the interests of the participant; (B)(C) the measurable service goals and objectives of care for the participant person while in the day care program; (C) activities the person shall participate in; (D) the type of interventions to be provided by the program in order to reach desired outcomes; (E) the services to be provided by the program to achieve the goals and objectives; (F) the roles of participant, family, caregiver, volunteers and program staff; and (D)(G) the time limit for the plan, with provision for review and renewal. (3) Progress notes in the participant's record shall be updated at least every three months. (4) The participant, caregiver and other service providers shall have the opportunity to contribute to the development, implementation and evaluation of the service plan. (2)(5) Any unusual behavior, change in mood, change in attitude or attitude, suggestion of family problems or personal problems, need for help or services will shall be reported to the program. appropriate person. If the participant is a social services client, the report should shall be made to the participant's family family, caregiver, or responsible party and the department of social services worker or the social worker designated as consultant to the day care program by the department. If the participant is not a social services client, the report should shall be made to the person's family, caretaker, friend or whomever is caregiver or responsible party.for the person. A note should shall be made in the participant's record of action taken. (3)(6) The participant or the party responsible party for the participant may choose the days and number of days the participant will attend, with the program director's approval. (4)(7) AnyThe reason for any unscheduled participant absence shall be checked out at least by phone determined by the program staff and documented on the day it occurs. The program shall have the responsibility to attempt to contact the absent participant or the responsible party. occurs to find out the reason for the absence. If possible, the absent participant should be contacted directly. If impossible to contact the participant directly, the participant's social worker, family, caretaker, friend or other responsible person should be contacted. (5)(8) Responsibility for supervision rests with the facility The adult day care program shall have responsibility for the participant when a participant is registered in attendance. A participant leaving the program for part of a day shall sign out relieving the staff of further responsibility. If a participant has emotional or mental impairment which requires close supervision and that person needs or wants to leave the program during the day, the social worker, family, caretaker, caregiver, friend, or whomever is responsible party shall sign the person out. for the person shall be notified prior to the person's leaving the facility. Such contacts shall be documented in the participant's record. (c) Program ActivitiesPlan (1) The day care center or home shall have a program plan an activities schedule which meets the following criteria: (A) Overall planning of activities shall be based on elements of the individual service plans. (B) The primary program mode shall be the group process, both large and small groups, with provision for individual activities and services as needed. (C) Activities shall be adaptable and modifiable to allow for greater participation and to maintain participant's individual skill level. (C)(D) Activities shall be consistent with the stated program goals. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 363 (D)(E) Activities shall be planned jointly by staff and participants. Staff shall encourage participants to participate in the planning and operation of the program as much as they are able, and to use their skills, talent and knowledge in program planning and operation. (E)(F) All program activities shall be supervised by program staff. (F)(G) Participants shall have the choice of refusing to participate in any given activity. (H) Activities shall be age appropriate to participants. (2) The program plan activities schedule shall provide for the inclusion of following five types of cognitive activities to be available on a daily basis: basis, and be designed to: stimulate thinking and creativity; provide opportunities for learning new ideas and skills; help maintain existing reasoning skills and knowledge base; and provide opportunities to utilize previously learned skills. (A) diversional - activities to divert attention from self by focusing on projects that will result in a finished product and will foster feelings of achievement and self-worth. Such projects shall be designed to encourage learning, group interaction, creativity and a sense of personal fulfillment. (B) educational - activities and programs to provide exposure to and opportunities to learn new ideas and skills, to rekindle old skills, and to help participants become more self-sufficient. (C) social - activities to provide fun and enjoyment. (D) volunteer service - activities and projects to provide opportunities to do something for someone else in a manner that contributes to an attitude of self-worth and awareness of ability to contribute to the community. (E) program assistance - involvement in and assistance in carrying out program activities (ex. help with snacks, devotions, watering plants). Such participant involvement shall not be substituted for staff responsibility for program activities. (3) The program plan shall provide for a balance of activities among the five categories specified in (c)(2) of this Rule with such activities designed to: (A) improve the capacity of the participant for self-care and personal hygiene, increased feelings of self-worth and dignity; (B) improve the social and interactional skills of the participants; (C) provide opportunities for exposure to, awareness of, and involvement in social and community activities that promote creative use of leisure time; (D) improve participant's capacity for independence. (3) The activities schedule shall provide for the inclusion of physical activities to be available on a daily basis, and be designed to: improve or maintain mobility and overall strength; and increase or maintain joint range of motion. (4) The activities schedule shall provide for the inclusion of psychosocial activities to be available on a daily basis, and be designed to: provide opportunities for social interaction; develop a sense of belonging; promote goal-oriented use of time; create feelings of accomplishment; foster dignity and self-esteem; prompt self expression; and provide fun and enjoyment. (4)(5) The program plan activities schedule shall: shall be in writing and shall specify: (A) be in writing, specifying the name of each activity to be provided, the days of the week each activity shall be conducted, and the approximate length of time of each activity; (B) indicate the length of time the plan schedule is to be followed; and followed. (C) be posted weekly or monthly in a prominent place in the facility. (5) A schedule of activities shall be posted weekly or monthly, in a prominent place in the facility, listing by date the planned activities. (6) Physical activity shall be encouraged within the limits of the individual, as determined by medical information furnished by his physician. (7) Outings shall be scheduled as often as possible in order to stimulate the potential of each participant to be involved in the community. (8) Program staff shall be encouraged to explore and utilize other available community resources as part of the program. (9) Community services and resources (such as recreation programs, senior centers) shall be used as much as possible by the day care participants as a regular part of day care program activities. Authority G.S. 143B-153. PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 364 10A NCAC 06R .0502 NUTRITION (a) A midday meal shall be provided to each participant in attendance at the an adult day care program during mealtime. The meal shall provide at least one-third of an adult's daily nutritional requirement as specified by the Dietary Guidelines for Americans, at the following website: (http://www.usda.gov/cnpp/DietGd.pdf). a registered dietitian or certified nutritionist. The menu shall be approved by a registered or licensed dietitian or nutritionist. Meals shall be prepared and served in a sanitary manner using safe food handling techniques. (b) Snacks and fluids shall be offered to meet the participant's nutritional and fluid needs. At a minimum, a A nutritious mid-morning and mid-afternoon snack shall be offered daily to participants. Snacks shall be planned to keep sugar, salt and cholesterol intake to a minimum. (c) A therapeutic diet shall be provided, if prescribed in writing by a physician, physician's assistant or nurse practitioner for any participant. If therapeutic diets are prepared by program staff, such staff shall have training in planning and preparing therapeutic diets or shall provide documentation of previous training and education sufficient to assure ability to prepare meals in accordance with a physician's prescription. (d) A registered dietitian or certified nutritionist shall give consultation to the staff on basic and special nutritional needs and proper food handling techniques and the prevention of foodborne illness. techniques. (e) An adult day care program shall neither admit nor continue to serve a participant whose dietary requirements cannot be accommodated by the program. (f) Meals shall be stored, prepared and served in a sanitary manner using safe food handling techniques such as those recommended by the United States Department of Agriculture, at the following website: http://www.fsis.usda.gov/Fact_Sheets/Safe_Food_Handling_Fac t_ Sheets/index.asp). The food service provider shall abide by the food safety and sanitation practices required by the Commission for Health Services rules applying to adult day care facilities, at the following website: (http://www.deh.enr.state.nc.us/ehs/Rules/t15a-18a.33.pdf). Authority G.S. 143B-153. 10A NCAC 06R .0503 TRANSPORTATION (a) For programs providing or arranging for public transportation, the adult day care program shall have a transportation policy that includes routine and emergency procedures, with a copy of the relevant procedures located in all vehicles. Accidents, medical emergencies, weather emergencies and escort issues shall be addressed. (a)(b) When the adult day care program provides transportation, the following requirements must shall be met to ensure the health and safety of the participants: (1) Each person transported must shall have a seat in the vehicle. (2) Participants shall be transported no more than 30 minutes without being offered the opportunity to have a rest stop. (3) Vehicles used to transport participants shall be equipped with seatbelts. Participants shall be instructed to use seatbelts while being transported. (4) Vehicles shall be equipped with a first aid kit, consisting of the items listed in 10A NCAC 06S .0301(a), and a fire extinguisher. (b) It is desired that participants use public transportation, if available. Relatives and other responsible parties are encouraged to provide regular transportation, if possible. Authority G.S. 143B-153. 10A NCAC 06R .0504 EMERGENCIES AND FIRST AID (a) A fire safety and evacuation plan, approved by the office of the fire marshal or its designee, shall be prepared and maintained by each adult day care program in compliance with the North Carolina State Building and Fire Prevention Code. (a)(b) Plan for Emergencies. A written plan for handling emergencies shall be established and displayed prominently in the facility: (1) The plan shall relate to medical and non-medical emergencies and shall specify responsibilities of each staff member in an emergency. (2) All staff shall be knowledgeable about the plan. (3) The plan shall include conducting and documenting, as to date and kind of emergency, quarterly drills in handling emergencies, such as medical emergencies, natural disasters, fires and facility security. Regular drills in handling different kinds of emergencies shall be conducted and documented as to date and kind of emergency. (b)(c) Evacuation Plan. An evacuation plan shall be posted in each room and regular fire drills shall be conducted quarterly by programs with a fire safety sprinkler system and monthly by programs without a fire safety sprinkler system. at least quarterly. A record shall be kept of dates and time required to evacuate the facility. (c)(d) All physically able staff who have direct contact with participants are determined physically able shall complete certified training in standard first aid and cardio-pulmonary resuscitation (CPR).resuscitation. If a staff member determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR This training shall be: be current, as determined by the organization conducting the training and issuing the certification. (1) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Emergency Medical Services; (2) current, as determined by the organization conducting the training and issuing the certification; and PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 365 (3) documented on an official attendance card issued by the organization certifying the training, or documented by the attendance course roster, in which case the roster shall be signed by the instructor, indicate pass or fail for each student, indicate the length of time the training is valid, and be accompanied by a copy of the instructor's certification. (d)(e) The program shall arrange for medical assistance to be available in the event of an emergency. (f) The program shall have a portable basic emergency information file available on each client that includes: (1) hospital preference, physician of record and telephone number; (2) emergency contact (family or caregiver); (3) insurance information; (4) medications and allergies; (5) current diagnosis and history; and (6) advance directives, if any. (e)(g) Adult day care staff shall report actions taken in case of sickness Sickness and all accidents incidents resulting in physical injury or suspected physical injury injury, including incidents involving missing participants shall be reported to the program director. The program director or operator adult day care staff shall make sure that all persons needing medical attention receive such attention as soon as possible. Families of participants, or The family or responsible party of the participant involved and other responsible persons, and program staff are to shall be notified of emergency action taken as soon as possible. The program director or operator shall compile and keep on record a report of all emergency actions taken. A copy of the report shall be sent to the county department of social services within 72 hours of the incident. services. Authority G.S. 143B-153. 10A NCAC 06R .0505 MEDICATIONS All adult day care programs shall have written policies on participant medication use, medication administration order changes and medical disposal. (a)(b) Medications shall be administered according to the participant's established medication schedule as defined in Rule .0508(1)(d) (e) (v) of this Section or as authorized by the participant's caregiver. responsible caretaker. (b) Participants may keep and administer their own medicines while attending the day care program. If a participant is determined to be unable to be responsible for his medication, it shall be kept for him during the time he is present at the program and given to him to take at the prescribed time and dosage. Documentation of whether or not the medications are kept by the program shall be included in each participant's file. (c) A record of all medications given to each participant must shall be updated at a minimum of once every quarter and as needed and shall document kept indicating each dose given and is to include the following: (1) participant's name; (2) name, strength, dosage, quantity and route and quantity of the medication; (3) instructions for giving medication; (4) date and time medication is administered; and (5) name or initials of person giving the medication. If initials are used, a signature equivalent to those initials is to shall be entered on this record. (d) Medications kept by the program shall be kept in the original pharmacy containers in which they were dispensed. The containers shall be clearly labeled with the participant's full name, the name and strength of the medicine, and dosage and instructions for administration. Medicines kept by the program shall be kept in a locked location. in a safe place. (e) Only adult day health or adult day care and day health combination programs shall enroll or serve participants who require intravenous, intramuscular or subcutaneous medications while attending the program. (e) The program policy statement shall include the policy on medications, specifying that participants who are able to keep their medicines shall keep them safely and that the program will keep medicine of participants who are unable to be responsible for their own. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0506 HOURS AND DAYS OF OPERATION (a) The hours and days of operation shall be set to meet the needs of the participants and their families. (b)(a) Care Supervision of adult day program participants and adult day care program services shall be provided throughout all hours participants are present at the program. (c)(b) The program must shall operate for a minimum of six hours. hours each day. (d)(c) Day care programs shall provide care supervision of participants and program activities at least five days per week, except that a facility may be closed for designated holidays, for hazardous weather conditions, for vacations, and for other reasons as agreed by the director and the county department of social services. Late openings or early closures may be scheduled on days when hazardous weather conditions exist or when emergency situations arise. (e) Attendance schedules for individual participants should be designed to accommodate the work schedules of participants' caretaker. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0507 AVAILABILITY AND ACCESSIBILITY OF PROGRAM POLICIES The adult day care program policy statement policies shall be posted in the facility during hours of operation provided to the participant's family member, responsible party or caretaker at the time of enrollment and copies shall be available on request [.0301(b)(5)(A) or (c)(3)(A) of this Subchapter]. Authority G.S. 131D-6; 143B-153. 10A NCAC 06R .0508 RECORDS (a) Each adult day care program shall maintain records to document the progress of each participant and to document PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 366 program operation. Such records shall be kept in a locked file. The following records are required: (1) Individual Client Records. An individual folder for each participant shall be established and maintained, including a signed application recording: including: (a) a signed application recording: (i)(A) client's full name; (ii)(B) address and telephone number; (iii)(C) date of birth, marital status and living arrangement of client; (iv)(D) time of day client will arrive and time of day client will leave the program; center, on the average; (v)(E) travel arrangements to and from the center program for the client; (vi)(F) name, address and telephone number of at least two family members or friends who are responsible for the client and can be contacted in emergencies; (vii)(G) name, address and telephone number of a licensed medical service provider who will see the client on request; and (H) personal concerns and knowledge of the caregiver that may have an impact on the care plan. (b)(2) An individual folder for each participant shall be established and maintain copies of all current and former signed authorizations for the day care program to receive and give out confidential information on the participant. participant when necessary to maintain the participant's health and to help the participant improve. Such authorization shall include the name of the party from whom information is requested and to whom information is given. Such authorization must shall be dated within the prior 12 months and obtained each time a request for client participant information is made. made from a different party; (c)(3) An individual folder for each participant shall be established and maintain a signed authorization for the client to receive emergency medical care from any licensed medical practitioner, if such emergency care is needed by the client; (d)(4) An individual folder for each participant shall be established and maintain a medical examination report conducted within the past three months of enrollment and updated annually, signed by a licensed physician physician, or physician's assistant; assistant or nurse practitioner.This report must be completed prior to enrollment and updated annually thereafter. The report shall include information on: (i)(A) current diseases and chronic conditions and the degree to which these diseases and conditions require observation by day care staff, and restriction of normal activities by the client; diseases/conditions require: (A) special attention by day care staff, (B) restriction of normal activities by the client; (ii)(B) presence and degree of psychiatric problems; (iii)(C) amount of direct supervision the client requires; (iv)(D) any limitations on physical activities; activities, such as walking, exercises, etc.; (v)(E) listing of all medications with dosages and times medications are to be administered; and (vi)(F) most recent date participant was seen by doctor. doctor; (5) An individual folder for each participant shall be established and maintain assessment forms as identified in Rule .0501(a)(2), (b)(1) and (b)(2) of this Section. (e)(6) An individual folder for each participant shall be established and maintain progress notes: the written report of staff discussions, conferences, consultation with family or other interested parties, evaluation of a participant's progress and any other significant information regarding a participant's situation. situation; (f)(7) An individual folder for each participant shall be established and maintain all service plans for the participant, including scheduled days of attendance, for the preceding 12 months. participant; (g)(8) An individual folder for each participant shall be established and maintain a signed authorization if the participant or his responsible party will permit photographs photographs, video, audio recordings or slides of the participant to be made by the day care program and specifying the publicity efforts program, whether for medical documentation, publicity, or any other purpose. Such authorization shall specify how and where in which such photographs photographs, video, audio recordings or slides will be used. Such authorization used, and must be obtained prior to taking photographs any photographs, video, audio recordings or slides of the participant; (h)(9) An individual folder for each participant shall be established and maintain a statement signed by the participant, a family member or other responsible person party (when applicable) acknowledging receipt of the program's policy statement program policies and agreeing to PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 367 uphold program policies pertaining to their the participant. (2)(b) Program Records for Day Care Centers. Centers and Homes shall be kept a minimum of three years and Program records shall contain: (a)(1) copies of activity schedules; program plans; (b)(2) monthly records of expenses and income, including fees collected, and fees to be collected; (c)(3) all bills, receipts and other pertinent information which document expenses and income; income, to be kept for a minimum of three years; (d)(4) a daily record of attendance of participants by name; (e)(5) accident reports; (f)(6) a record of staff absences, annual leave and sick leave, including dates and names of substitutes; (g)(7) reports on emergency and fire drills; (h)(8) individual personnel records on all staff members including: (i)(A) application for employment; (B) evidence of a state criminal history check on each employee providing direct care; (ii)(C) job description; (iii)(D) medical certification of absence of a health condition that would pose a risk to others; communicable disease; (iv)(E) written note or report on any personnel action taken with the employee; (v)(F) written report of annual employee review; (G) CPR and first aid training documentation; and (H) signed statement to keep all participant information confidential. (i)(9) a copy of all written policies, including: (i)(A) program policies; policy statement; (ii)(B) personnel policies; (iii)(C) agreements; agreements regarding shared space or space licensed by other Divisions; (iv)(D) plan for emergencies; and (v)(E) evacuation plan; evacuation; (j)(10) evaluation reports; and (k)(11) control file of DSS-1360s for all participants for whom Social Services Block Grant (Title XX) reimbursement is claimed. (3) Program Records for Day Care Homes. Program records shall contain: (a) copies of program plans; (b) a monthly record of the expenses and income of the day care program; (c) all bills, receipts and other pertinent information which document expenses and income, to be kept for a minimum of three years; (d) a daily record of attendance of participants; (e) accident reports; (f) a copy of all written policies, including: (i) program policy statement; (ii) personnel policies; (iii) agreements; (iv) plan for emergencies; (v) evacuation plan; (g) program evaluation reports; (h) reports on emergency and fire drills; (i) control file of DSS-1360s on all participants for whom Social Services Block Grant (Title XX) reimbursement is claimed. Authority G.S. 131D-6; 143B-153. SECTION .0600 – CERTIFICATION PROCEDURE 10A NCAC 06R .0601 PROCEDURE (a) All individuals, groups or organizations operating or wishing to operate an adult day care program as defined by G.S. 131D-6 must shall apply for a certificate to the county department of social services in the county where the program is to be operated. (b) A designated social worker will supply necessary forms and standards for certification and will shall provide technical assistance and shall conduct make a study of the program with the Division of Aging and Adult Services Form DAAS-1500 or DAAS-6205. program. (c) The initial certification package shall be submitted through the county department of social services to the state Division of Aging and Adult Services. The materials and forms to be included in the package are: The following forms and materials make up an initial certification package and must be submitted through the county department of social services to the state Division of Aging: (1) The program policy statement;program policies; (2) Organizational organizational diagram; (3) Job job descriptions; (4) Documentation documentation showing planned expenditures and resources available to carry out the program of service for a 12 month period; (5) A a floor plan of the facility showing measurements, restrooms and planned use of space; (6) Form DSS-1498 DOA-1498 (Fire Inspection Report) or the equivalent completed and signed by the local fire inspector, indicating approval of the facility, no more than 30 days prior to submission with the certification package; PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 368 (7) Form DSS-1499 DOA-1499 (Building Inspection Report for Adult Day Care Centers), Services for Adults)DOA-1499a (Building Inspection Form for Adult Day Care Homes), or the equivalent completed and signed by the local building inspector, or fire inspector or fire marshall if a building inspector is not available, inspector indicating approval of the facility, no more than 30 days prior to submission with the certification package; (8) Form DSS-2386 DENR-4054 (Sanitation Evaluation Report) or the equivalent completed and signed by a local sanitarian, indicating approval of the facility, no more than 30 days prior to the submission with the certification package; (9) Written written notice and the effective date, date if a variance of local zoning ordinances has been made in order for property to be utilized for an adult day care program; (10) A a copy of the articles of incorporation, bylaws and names and addresses of board members, members for adult day care programs sponsored by a non-profit corporation; (11) The the name and mailing address of the owner if a proprietary program; (12) A a written medical statement from a physician, nurse practitioner or a physician's assistant, completed within the 12 months prior to submission of the certification package, for each proposed staff member certifying absence of a health condition that would pose a risk to others and that the employee can perform the duties normally assigned on the job; to freedom from communicable disease or condition and to good health signed by a licensed physician, physician assistant or nurse practitioner no more than 30 days prior to submission with the certification package. When such certification cannot be made, the proposed staff member may be hired based on an assessment of whether the work tasks would pose a significant risk to the health of the employee, co-workers, or the public, or whether the employee is unable to perform the normally assigned job duties; and (13) verification of standard first aid and cardio-pulmonary resuscitation certification (CPR) for each proposed staff member who is physically able and who will have direct contact with participants. If a staff member is determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR training shall be: (A) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Emergency Medical Services; (B) current, as determined by the organization conducting the training and issuing the certification; and (C) documented on an official attendance card issued by the organization certifying the training, or documented by the attendance course roster, in which case the roster shall be signed by the instructor, indicate pass or fail for each student, indicate the length of time the training is valid and be accompanied by a copy of the instructor's certification. (14) evidence of the completion of a state criminal history check for the program owner and each proposed staff member having direct contact with participants; and (13)(15) DSS-1500 DAAS-1500 (Adult Day Care Certification Report). This form must be submitted by the county department of social services with a copy to the program. (d) The following forms and materials make up a certification package for the renewal of a certification and must shall be submitted through the county department of social services, no more than 60 days prior to the end of the current period of certification, to the state Division of Aging and Adult Services: Aging: (1) Form DSS-1498 DOA-1498 (Fire Inspection Report) or the equivalent completed and signed by the local fire inspector, indicating approval of the facility, dated no more than 12 months prior to submission with the certification package; (2) Form DSS-1499 DOA-1499 (Building Inspection Report for Adult Day Care Centers), DOA-1499a (Building Inspection Form for Adult Day Care Homes), Services for Adults) or the equivalent when structural building modifications have been made during the previous 12 months, completed and signed by the local building inspector, or fire inspector or fire marshall if a building inspector is not available, inspector indicating approval of the facility, within 30 days following completion of the structural building modifications; (3) Form DSS-2386 DENR-4054 (Sanitation Evaluation Report) or the equivalent completed and signed by a local sanitarian, environmental health specialist, indicating approval of the facility, no more than 12 PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 369 months prior to submission with the certification package; (4) A a written medical statement from a physician, nurse practitioner or physician's assistant for each staff member hired subsequent to the previous certification or recertification expiration date, certifying absence of a health condition that would pose a risk to others and that the employee can perform the duties normally assigned on the job; to freedom from communicable disease or condition and to good health signed by a licensed physician, physician assistant or nurse practitioner no more than 12 months prior to submission with the certification package. When such a certification cannot be made, employment may be continued, terminated, or reassigned based on an assessment of whether the employee's work tasks would pose a significant risk to the health of the employee, co-workers, or the public, or whether the employee is unable to perform normally assigned job duties; (5) An an updated copy of the policy statement, program policies, organizational diagram, job descriptions, names and addresses of board members if applicable, and a floor plan showing measurements, restrooms, and planned use of space, if any changes have been made since the previous certification package was submitted; (6) Documentation documentation showing planned expenditures and resources available to carry out the program of service for a 12 month period; and (7) verification of standard first aid and cardio-pulmonary resuscitation certification (CPR) for each proposed staff member who is physically able and who will have direct contact with participants. If a staff member is determined to be physically unable to complete this training, a signature by a licensed physician, physician assistant or nurse practitioner attesting to such shall be provided indicating the time limit of such physical inability. The first aid and CPR training shall be: (A) taught by an instructor certified through the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute or Emergency Medical Services; (B) current, as determined by the organization conducting the training and issuing the certification; and (C) documented by an official attendance card or attendance course roster, in which case the roster shall indicate pass or fail for each participant and be accompanied by the instructor's certification, signature, and length of time the training is valid. (7)(8) DSS-1500 DAAS-1500 (Adult Day Care Certification Report). This form must be submitted with the certification package by the Department of Social Services to the Division of Aging and Adult Services at least 30 days in advance of the expiration date of the certificate, with a copy to the program. (e) If during the study of the program it does not appear that all standards can be met, the county department will so inform the applicant, indicating in writing the reasons, and give the applicant an opportunity to withdraw the application. Upon the applicant's request, the application will be completed and submitted to the Division of Aging for consideration. (f)(e) Following review of the certification package, a pre-certification visit may be made by staff of state Division of Aging and Adult Services. Aging. (g)(f) The Within 14 business days, the Division of Aging and Adult Services will promptly notify in writing shall provide written notification to the applicant and the county department of social services of the action taken after a review of the certification package and visit, if made. Authority G.S. 130A-148; 131D-6; 143B-153. SECTION .0700 - CONSTRUCTION REQUIREMENTS FOR DAY CARE HOME 10A NCAC 06R .0701 RESIDENTIAL BUILDING CODE REQUIREMENTS Construction Adult Day Care Homes initially certified after January 1, 2003 and those that make structural building modifications after this date shall must meet the residential building code requirements of the North Carolina Commercial Building Code. The requirements shall include: Insurance Department, including: (1) Standard standard wood frame, brick, block or veneer construction; (2) One story in height; Two stories in height are allowed provided: (a) Neither floor shall be greater than 1800 square feet in area. (b) No aged or physically infirm persons may be housed on the second floor. (c) No required participant facilities shall be located on the second floor. (d) A complete fire alarm system shall be installed with pull stations on each floor. (e) Interconnected products of combustion detectors directly wired to the house current shall be installed on each floor; (3)(2) Attic cannot attic shall not be used for storage; (4)(3) Porches porches and stoops must shall be protected by handrails; PROPOSED RULES 21:04 NORTH CAROLINA REGISTER AUGUST 15, 2006 370 (5)(4) Steps must steps shall be protected by handrails; and (5) all entrances, pathways and exits shall adhere to the North Carolina State Accessibility Code. (6) Corridor: (a) in existing buildings, a minimum width of three feet; (b) in new buildings, a minimum width of three and one-half feet; (c) well lighted sufficiently enough for residents to see clearly; (7) Outside entrances: (a) All outside doors must be three feet wide; (b) Must be at ground level; (c) All steps, porches, ramps or stoops protected by handrails. Authority G.S. 143B-153. 10A NCAC 06R .0702 FIRE AND SAFETY REQUIREMENTS Adult Day Care Homes shall: (1) have fire extinguishers of the type recommended by the fire inspector and governed by the North Carolina Fire Prevention Code, centrally located in the kitchen; (2) provide automatic station products of combustion type smoke detectors as required by the North Carolina Fire Prevention Code; (3) provide listed heat detectors in the attic and basement from the approved list in the North Carolina Fire Prevention Code; and (4) provide a fire safety and evacuation plan to be prepared according to requirements of the North Carolina Fire Prevention Code. (a) Fire extinguishers of the type recommended by the fire inspector but no less than a two and one-half gallon water type, centrally located and a dry powder or CO(2) type in the kitchen. (b) Provide automatic single station U.L. products of combustion type smoke detectors as determined by the local fire department or local building inspector as appropriate. These units must be operated by the house current. U.L. approved heat detectors in the attic and basement. (c) Other U.L. approved fire detection system as required by city ordinances or county building inspectors. (d) A written evacuation plan, in case of fire, approved by the local fire department, must be posted and rehearsed four times each year by staff and participants. Authority G.S. 143B-153. 10A NCAC 06R .0703 OTHER Adult day care programs initially certified after January 1, 2003, or those that make structural building modifications after this date, shall comply with the North Carolina building codes where are hereby incorporated by reference, including subsequent amendments and additions. Copies of the building codes may be obtained from the North Carolina Department of Insurance, Office of State Fire Marshall, 2101 Mail Service Center, Raleigh, NC 27699-2101, or telephone (919) 661-5880, at a cost of fifty dollars ($50.00); or available at the following website: http://www.ncdoi.com/OSFM/default.asp. (a) An approved central heating system (portable heaters of any kind are not allowed). (b) An approved hot water tank large enough to provide continuous h |
OCLC number | 13686205 |