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HomeMy WebLinkAboutORDINANCE - 1905 - 7/28/1987 - CONGRETE HOUSING FOR ELDERLYORDINANCE NO. 1905 ORDINANCE AMENDING CHAPTER 18 LICENSES AND PERMITS BY ADDING THERETO A NEW ARTICLE ESTABLISHING THE LICENSING OF CONGREGATE HOUSING FACILITIES FOR THE ELDERLY WHEREAS, the Village of Elk Grove Village is a Home Rule Municipality and is impowered to enact legislation pertaining its local governmental affairs; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village has determined that it is necessary to establish rules, regulations and procedures for the operation of Congregate Housing Facilities for the Elderly. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 18, Licenses and Permits is hereby amended by adding thereto a new Article, Article LVI, entitled "CONGREGATE HOUSING FACILITIES FOR THE ELDERLY", a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: That any person, firm or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than Twenty -Five ($25.00) Dollars nor more than Five Hundred ($.500.00) Dollars for each violation, and a separate violation shall be deemed committed on each day violation occurs or continues to exist, and shall be further subject to such additional penalities as are set forth in Exhibit "A". Section 4: That the existing Article LVI entitled, "Enforcement Provisions", be and the same is hereby renumbered to Article LVII and that Section 18.5601, 18.5602 and 18.5603 be likewise renumbered to 18.5701, 18.5702 and 18.5703. Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: 5 NAYS: 0 ABSENT: 1 Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 28th day of APPROVED this 28th day of -2- July 1987. 1987. ARTICLE LVI CONGREGATE HOUSING FACILITIES FOR THE ELDERLY 18.5601 Definitions.) Congregate Housing for the Elderly is defined, for purposes of this Article, as multiple unit housing designed as a planned, coordinated development with independent dwelling units that cater to the special needs of older people who are capable of independent living yet need certain facilities and services available on site to compensate for declining mobility, perception and cognition. 18.5602 Purpose.) Congregate Housing is intended to.service as an environment for the elderly who have the capacity to manage on their own as long as they are assured that services such as meal preparation, housekeeping, and personal aid are available. Because of the special character of these older people, Congregate Housing management must assume responsibility for providing not only a well 'designed shelter, but also a precise, scheduled service plan. The ultimate objective of this management plan is to ensure that residents have available the supports they need to maintain as independent a life style as possible for as long as they desire to do so or for as long as their health permits. 18.5603 License Required.) A. It shall be unlawful for any person to own, conduct, maintain, or operate any Congregate Housing Facilities for the Elderly without having first obtained a license from the Village of Elk Grove Village. A license shall be applied for and obtained annually. Said license shall be issued for a period not to exceed one year, from June 1 through May 31. B. Any license issued under the terms of this Ordinance shall be non -transferable. It shall be issued only to a specified individual, partnership, corporation or association, and shall be issued to a specified location. 18.5604 Application for License/Inspection.) An application for a license under this Article shall be made in conformity with the general requirements of this Chapter relating to license application. In addition, any person acting individually or jointly with other persons, who propose to build, own, establish or operate a Congregate Housing Facility for the Elderly shall prepare and submit a preapplication form as furnished by the Village, which shall include preliminary plans and specifications for the proposed facility. No license to operate a Congregate Housing Facility for the Elderly or annual renewal thereof shall be issued until an inspection of the facility has been conducted and Certificates of Approval issued by the Health Department, Fire Department and the Building Department. 18.5605 Denial, Refusal to Renew, Revocation of License.) The Village may deny an application for a license, may refuse to renew or may revoke a license for violation of any of the provisions of this Ordinance or other applicable Village Code or of any rule, regulation or standard incorporated by reference under the provisions of this Ordinance. -2- Any application for a license may be denied for any of the following reasons: A. Failure to meet the minimum standards prescribed; B. Conviction of the applicant; or if the applicant is a firm, partnership or association, of any of its members, partners or associates; or if a corporation, of any of its officers or directors; or of the person designated to manage or supervise the licensed premises; of a felony or of two or more misdemeanors involving moral turpitude, or other satisfactory evidence that the moral character of the applicant or manager or supervisor of the licensed premises is not reputable. C. A license may be revoked or a renewal denied on any ground upon which an application for a license may be denied. 18.5606 License Fee.) The fee for all Congregate Housing for the Elderly shall be as follows: A FACILITY WITH 1 - 50 units 51 - 100 units 101 - 200 units 201 - 300 units 301 - 400 units 401 - and above units 18.5607 Minimum Requirements.) ANNUAL LICENSE FEE $ 250.00 $ 500.00 $ 750.00 $1,000.00 $1,250.00 $1,500.00 All Congregate Housing Facilities for the Elderly shall provide, adhere to or meet the following conditions and requirements: 1. A services program shall be provided including, but not limited to the provision of meals, housekeeping, laundry and/or laundry facilities, social/recreational/ educational programs, protective security, and transpor- tation. 2. There must be provisions in house to help residents find nursing and home health care services. 3. There must be a certified social worker on the premises for a minimum of twenty (20) hours per week. -3- 4. There must be a Physical and/or Recreational Therapist that holds a degree from a 4 -year accredited College or University in physical or recreational therapy and/or licensed with the State of Illinois on staff, on the premises for a minimum of twenty (20) hours per week. 5. There must be a staff member on the premises twenty-four (24) hours a day, seven (7) days a week qualified to: a. Assist with the emergency call system, and b. Administer CPR and be certified therefor; and C. Summon appropriate services for quick reliable repairs to the facility. 6. All meals served must be approved by a registered dietician. 7. Table space sufficient and suitable for fifty (50%) percent of residents to eat at the same time. 8. Safety and Convenience: a. Locate emergency call system outlets in the bedrooms and bathroom of each dwelling unit with a twenty-four (24) hour monitored system in a central location on site approved by the Fire Chief. b. Plan and design all public areas as well as five (58) percent of the apartments in accord with State of Illinois Accessibility Standards. C. One bathroom per unit must be equipped with: 1. A hand held shower with seat and a safety bar in the shower stall and, 2. One watercloset per unit must be of the raised type for safety and ease of use. d. Non-skid type floors must be provided. e. Heating and cooling controls in each dwelling unit shall meet the current housing maintenance and occupancy code requirements and be easily accessible. f. Counter space for food preparation shall be provided with adequate illumination plus storage space -4- in bathroom and kitchen cabinets. The locations of the cabinets shall meet State of Illinois Accessi- bility Standards. g. Cooking in the dwelling units shall not be prohibited; provided, however, that no gas appliances shall be permitted. h. Bathroom door can swing in only if it can swing out for emergencies. i. Elevator cabs shall be such size to accomodate an ambulance cot 24 inches (610 mm) by 76 inches (1930 mm) in its horizontal open position as approved by the Fire Chief. j. Light weight, easy open doors equipped with levers instead of door handles. 18.5608 Facility Administration.) 1. PROGRAM PRINCIPLES A. All programs shall be based on the following: 1) The group is the basic support for the indi- viduals. 2) Within the structure of the group, individuals are to be encouraged and aided to.remain as independent as possible and to have their individual differences respected. 3) Residents plan for and implement as much of the activities and operation of the facility as possible. B. There shall be a written procedure of ongoing evaluation of resident needs, and residents shall be part of this process. This procedure shall include a method for noting changes in physical or mental condition and responding to these. C. The facility shall provide at least the following services: 1) At least two hot meals per day must be available providing the daily minimum nutritional needs, planned with input from residents, and meeting medically prescribed special dietary requirements. All foods shall be stored, prepared and served in a clean, nutritious and appetizing manner. -5- 2) Regular resident meetings (minimum quarterly). 3) Information and/or assistance to residents in using community services. 4) Regular private transportation with access for the handicapped. 2. ADMISSION AND DISCHARGE A. All required policies and procedures for admission of residents as set forth below shall be in writing, and given to applicants for residence prior to admission and to residents at the time contracts are executed. B. ELIGIBILITY 1) No resident may be admitted without evidence of completion of a physical examination within the six (6) months prior to admission by the applicant's physician. 2) Each resident to be admitted shall be capable of self-medication as attested,by a physician. 3) Each resident to be admitted shall be capable of taking appropriate actions unassisted in an emergency. C. ADMISSION 1) Facilities shall not discriminate on the basis of race, religion, sex, national origin, Viet Nam Era Status. 2) No resident shall be admitted without a Service Needs Assessment prepared by the certified social worker and a plan designed to provide the resident with information and, if necessary, assistance in obtaining services to meet required needs. No resident shall be admitted whose Service Needs Assessment indicates service needs that cannot be met within the context of the group supports, community, resources and the staffing plan proposed. S-0 D. INVOLUNTARY DISCHARGE Except where a resident is in immediate danger to himself or herself or others, a Licensee must provide a resident with sixty (60) days written notice before requiring him/her to leave the facility. The Licensee must offer assistance to the resident and, if the resident wishes, to the resident's family in locating another place to live. A social worker, who is a staff member employed by the Licensee, shall be involved in the decision and in discussions with the resident. The resident, and, if the resident wishes the family, shall be informed of the right to contest the discharge. Temporary hospitalization is not discharge, provided, however, that all discharge procedures must be followed if a resident is not to return to the facility from the hospital. 3. CONTRACT A. The written annual contract entered into by the resident and the Licensee shall specify at a minimum: 1) The parties; 2) All services which the Licensee will provide. 3) The monthly charges, the amount of the deposit required and the charges for any services not included in the base monthly charge. 4) A listing of which services and items the resident shall be responsible for providing for himself or herself. 5) Provisions for contract termination. B. The contract shall provide that if a resident chooses to leave the facility after the initial six month period for physical or financial reasons, the resident may terminate the contract and shall not be liable for any penalty or damages in excess of sixty (60) days. C. The contract shall include as an attachment a copy of the resident rights and "House Rules". -7- 4. RESIDENT RIGHTS A. Resident shall be treated with respect, dignity, consideration and as persons capable of growth, development and full citizenship rights. Physical and psychological abuse are prohibited. B. Each resident shall be provided with a dwelling unit which may be locked by the -resident. C. Each facility shall have a minimum of quarterly meetings of staff and residents and shall include community agency personnel from time to time so that residents will become familiar with resources to whom they may turn for advocacy and assistance. D. Neither staff nor visitors shall enter a resident's dwelling unit without permission except in an emergency. E. Resident's confidentiality shall be maintained within the scope of the consent which shall be in writing. Residents and staff shall determine what information may be given out, to whom, and under what circumstances. Any release of in shall be in accord with applicable laws. F. Residents have the right to visitors. G. Residents shall be informed of their rights in the case of involuntary discharge. H. Residents shall be given a copy of all resident rights and shall sign a document stating that they have been given a copy and that they have understood it or have had it read to them in a language they can understand. I. Residents shall be given a copy of all resident responsibilities and house rules established by the facility, including requirements for continued residence, and shall sign a document stating that they have been given a copy and have.understood it or have had it read to them in a language they can understand. J. Residents shall be given a copy of the contract. 5. FAMILY AND COMMUNITY RELATIONS A. The facility shall assist in maintaining close relationships with family members of each resident for the benefit of the resident and with the know- ledge, participation and consent of the resident. CM B. The facility shall make efforts to establish a friendly relationship with the surrounding neighbor- hood and community, such as providing opportunities for social interaction between residents and neighbors, providing opportunities for residents to provide volunteer services in the neighborhood, and estab- lishing liaison with organized neighborhood groups. C. The facility shall make efforts designed to provide residents with information and shall make efforts to assist residents in obtaining benefits available from the community, such as opportunities for participation in recreational, social, cultural, and religious programs and services. STAFF A. There shall be one individual designated who is ultimately responsible for the day to day operation of the facility and for delivery of programs required to meet needs of residents. B. Each employee shall have a physical examination which has been conducted within ten (10) days before or after the first day of employment. This examination shall.include findings that the employee is free from communicable disease, and shall include documentation of a tuberculin skin test or chest x-ray within one (1) year before employment. Thereafter, TB tests shall -be required of each employee annually. EMERGENCY AND UNUSUAL OCCURRENCE PROCEDURES A. EMERGENCY PROCEDURES: 1) The facility shall implement effective written emergency procedures, including: a) At least two fire drills each year; b) Maintenance of a Red Cross approved first aid kit on each floor; c) Education of all residents and orientation of new residents regarding emergency procedures. cm 2) The facility shall immediately notify the person listed on the application for emergency notification of any emergency affecting a resident unless the resident requests otherwise. Police or other agencies shall be notified as appropriate. Such emergencies include, but are not limited to: a) Death, or imminent death; b) Suspected or alleged neglect, or physical/ sexual abuse of or by a resident or employee; c) Any accident requiring medical care outside the facility; d) Any newly diagnosed serious illness or disease; e) Unexplained absence. House rules shall establish procedures for announcing intended absence, for informal efforts to locate, and for informing appropriate agencies when these are not successful. B. UNUSUAL PROCEDURES: 1) The facility shall implement procedures for responding to unusual occurrences and shall inform the residents of these procedures. Such unusual occurrences include, but are not limited to: a) Loss of utilities; b) Severe weather conditions; c) Major damage to facility or personal property; d) Any activity related to the facility which may require a police report. S. RECORDS A. There shall be a current record of each resident which gives all pertinent information needed for emergency care for continuity of services and -10- should be kept readily available on the premises. The following constitutes a minimum requirement for record keeping: 1) Name 2) Date of birth 3) Person to be notified in an emergency and family contact, as appropriate. 4) Medical history and physical including regularly updated medication list and any drug allergies. 5) Regularly updated insurance information.. 6) Identifying data such as sex, height, weight, or other data for emergency identification. 7) Any special problems which must be considered in providing service to the individual. 8) Physician name, address and phone number. 9) Service Needs Assessment which shall be updated every six (6) months or more frequently if resident's circumstances require same. B. All information in the record shall be confidential and personal information is available only to the resident, the Licensee and the licensing body unless release is authorized in writing by the resident or the resident's guardian. Any release of information shall be in accord with applicable law. 9. MAINTENANCE AND HOUSEKEEPING A. Licensee shall abide by the Village Housing Mainte- nance and Occupancy Code. B. Licensee shall abide by the Village Food Service Sanitation Code in food preparation and serving areas. 18.5609 License Revocation/Hearing.) An investigation of a Licensee may be initiated by the Health Coordinator upon the complaint of any person setting forth facts which if proven -11- would constitute grounds for the revocation of the license. Grounds for revocation shall include violations of this Article, violations of other applicable Village Ordinances and Codes and such other violations or existent conditions which render the licensed premises unsafe for its occupants. In addition, the Health Coordinator may, for good cause shown, initiate an investigation of a Licensee. Before revoking a license, the Health Coordinator shall notify the Licensee in writing of the opportunity to request a hearing with respect to the pending license revocation. If a hearing is requested, notice thereof shall be given to the Licensee specifying the date, time and place of the hearing, which hearing shall be held not less than ten (10) days after the notice is mailed or delivered. The notice shall designate charges or reasons for the contemplated revocation. The notice may be served by delivery of same personally to the Licensee or by mailing the same by registered mail to the address specified in the application or to the address of the facility designated in the license. The hearing shall be conducted by the Village Manager or his designate at such place as determined by the Village Manager or his designate. The Village Manager or his designate shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but shall conduct hearings in such manner as seems best calculated to result in substantial justice. -12- 18.5610 Enforcement and Inspection.) The Health Coordinator is charged with the enforcement of the provisions of this Ordinance. It shall be the duty of the Health Coordinator to inspect each facility for the elderly located within the Village of Elk Grove Village a minimum of twice a year or as often as may be necessary to insure compliance with this Ordinance. 1. ACCESS TO ESTABLISHMENTS The Health Coordinator or his/her representative after proper identification, shall be permitted to enter, at any reasonable time, each facility for the elderly within the Village of Elk Grove Village for the purpose of making inspections to determine compliance with this Ordinance. The owner and/or operator shall supply such information, data and records as may be necessary to determine compliance with this Ordinance. Failure to permit access after proper identification shall be grounds for immediate revocation of the license without benefit of a hearing. 2. INSPECTION RECORDS AND NOTICES Whenever the Health Coordinator makes an inspection of a facility for the elderly, he/she shall record their findings on an inspection report form provided for this purpose, and shall furnish a copy of such inspection report form to the permit holder or operator. Such inspection report shall indicate specific violations found and shall establish a specific and reasonable period of time for the correction of them. 18.5611 Penalties.) Any person, firm or corporation violating the provisions of this Article shall be subject to a fine of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred ($590.00) Dollars for each violation, and a separate violation shall be deemed committed on each day a violation occurs or continues to exist. -13- In addition thereto, the Village may proceed by injunction in the Third Municipal District of the Circuit Court of Cook County or the Chancery Division of the Circuit Court of Cook County to enjoin any violation of this Article which is deemed by the Village to be injurious to the health, safety and welfare of the occupants of the licensed premises. 18.5612 Variations.) Any applicant or Licensee seeking relief or a variation from the provisions of the Ordinance shall submit to the Health Coordinator in writing, a detailed explanation of the nature of the relief sought and why compliance with the terms of this Ordinance would create practical difficulties ana unnecessary hardship to the applicant. The Director shall within fifteen (15) days of receipt of such request set a time and place for a hearing before the Village Manager. Notice by certified mail of such hearing shall be given the applicant and shall also be posted in a prominent location in the licensed facility, not less than fifteen (15) days nor more than thirty (30) days prior to the date for the hearing. The Village Manager shall promptly render a written decision at the conclusion of any such hearing and, if relief is granted, shall make special findings showing wherein the applicant would suffer practical difficulty or particular hardship in complying with this Ordinance. The decision shall be submitted to thg President and Board of Trustees of the Village. The President and Board may review, amend and revise such decision and the decision of the President and Board of Trustees shall be deemed final. -14-