(By authority conferred on the department of mental health by sections 1 to 4 of Act  
No. 80 of the Public Acts of 1905, as amended, section 33 of Act No. 306 of the Public  
Acts of 1969, as amended, and sections 114, 130, 136, 157, 206, 244, 498n, 498r, 842,  
844, 908, and 1002a of Act No. 258 of the Public Acts of 1974, as amended, being  
sections 19.141 to 19.144, 24.233, 330.1114, 330.1130, 330.1136, 330.1206,  
330.1244, 330.1498n, 330.1498r, 330.1842, 330.1844, 330.1908, and 330.2002a of  
the Michigan Compiled Laws)  
R 330.1801 Definitions.  
Rule 1801. As used in this subpart:  
(a) "Certification" means the authorization by the department for a facility to  
offer a specialized program to clients as defined under R 330.1701(a).  
(b) "Facility" means an adult foster care facility licensed pursuant to Act No. 218 of  
the Public Acts of 1979, as amended, being §400.701 et seq.of the Michigan Compiled  
(c) "Regular certification" means a certification issued by the department to a  
facility which is in full compliance with these rules and Michigan's statutes and rules  
for protecting recipient's rights or which is in substantial compliance with these rules  
and operating under an approved plan of corrective action or a report of progress, or  
both, in correcting items of noncompliance. A regular certification may be granted for a  
period of up to 2 years.  
(d) "Provisional certification" means a certification issued by the department to  
a facility that is operating under an approved plan of correction to address items of  
noncompliance which, by nature or degree, have been determined to seriously  
compromise program operations or performance. A provisional certification may be  
issued for a period of up to 3 months and may be renewed for 1 additional 3 month  
(e) "Temporary certification" means a certification issued by the department  
to a facility which has submitted an application and which has not been previously  
certified under these rules. A temporary certification may be granted for a period of up  
to 6 months and may not be renewed.  
History: 1996 AACS.  
R 330.1802 Application process.  
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Rule 1802. (1) A facility seeking certification of its specialized program shall  
request certification by submitting a completed application to the department.  
(2) The application shall include all of the following information:  
(a) The facility's license number.  
(b) The facility's proposed or actual licensed capacity.  
(c) The type of certification being requested by the facility.  
(d) The minimum ratio of direct care staff to clients that the provider assures will  
be employed and present on each shift when the clients are under the licensee's  
supervision. The ratios shall ensure the provision of all services delineated in each  
client's individual plan of service that are the licensee's responsibility.  
(e) A description of the specialized program that the facility seeks certification  
to provide.  
(3) Temporary certification of a specialized program may be granted for a period of  
up to 6 months based on a review of the facility's application.  
(4) The department shall conduct an on-site review of a facility's specialized  
program, including a review of its policies and procedures for protecting recipient  
rights, before issuing a provisional or regular certification.  
History: 1996 AACS.  
R 330.1803 Facility environment; fire safety.  
Rule 1803. (1) A facility that has a capacity of 4 to 6 clients shall be equipped with  
an interconnected multistation smoke detection system which is powered by the  
household electrical service and which, when activated, initiates an alarm that is  
audible in all areas of the home. The smoke detection system shall be installed on  
all levels, including basements, common activity areas, and outside each sleeping area,  
but excluding crawl spaces and unfinished attics, so as to provide full coverage of the  
home.The system shall include a battery backup to assure that the system is operable  
if there is an electrical power failure and accommodate the sensory impairments of  
clients living in the facility, if needed. A fire safety system shall be installed in  
accordance with the manufacturer's instructions by a licensed electrical contractor and  
inspected annually.A record of the inspections shall be maintained at the facility.  
(2) A facility that has a capacity of 3 or fewer clients shall be equipped with an  
assured alarm that has detectors located at least on each level of the home, including  
basements, but excluding crawl spaces and unfinished attics, and in each common use  
area and outside each sleeping area. To be assured, the alarm shall be easily heard in  
all locations of the home, including during times where there is background noise that  
may detract from hearing the alarm, for example, laundry equipment operation or  
vacuuming. The assured alarm is not required to be interconnected.  
(3) A facility that has a capacity of 4 or more clients shall conduct and document  
fire drills at least once during daytime, evening, and sleeping hours during every 3-  
month period.  
(4) A facility that has a capacity of 3 or fewer clients shall conduct and document  
fire drills 4 times a year. Two of the 4 fire drills shall be conducted during sleeping  
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(5) The capability of the clients to evacuate a facility in the event of a fire shall be  
assessed using methods described in appendix f of the 1985 life safety code of the  
national fire protection association. Appendix f of the 1985 life safety code of the  
national fire protection association is adopted by reference as part of these rules. A copy  
of the adopted appendix f is available from the Department of Mental Health, Lewis  
Cass Building, Lansing,  
MI 48913, at cost. A copy of appendix f may also be obtained from the National  
Fire Protection Association Library, Battermarch Park, P.O. Box 9101, Quincy,  
Massachusetts 02269-9101, 1-800-344-3555. A prepaid fee may be required by the  
national fire protection association for a copy of appendix f. A price quote for copying  
of these pages may be obtained from the national fire protection association.  
(6) Evacuation assessments shall be conducted within 30 days after the admission  
of each new client and at least annually thereafter. The specialized program shall  
forward a copy of each completed assessment to the responsible agency and retain a  
copy in the home for inspection. A home that is assessed as having an evacuation  
difficulty index of "impractical" using appendix f of the life safety code of the  
national fire protection association shall have a period of 6 months from the date of the  
finding to do either of the following:  
(a) Improve the score to at least the "slow" category.  
(b) Bring the home into compliance with the physical plant standards for  
"impractical" homes contained in chapter 21 of the 1985 life safety code of the national  
fire protection association, which are adopted by reference in these rules and which may  
be obtained from the Department of Mental Health, Lewis Cass Building, Lansing, MI  
48913, at cost, or from the National Fire Protection Association Library, Battermarch  
Park, P.O.Box 9101, Quincy, Massachusetts 02269-9101, 1-800-344-3555. A prepaid  
fee may be required by the national fire protection association for a copy of the chapter  
21 standards. A price quote for copying of these pages may be obtained from the  
national fire protection association.  
History: 1996 AACS.  
R 330.1804 Certification inspections and investigations.  
Rule 1804. (1) A newly opened facility that has a temporary certification shall  
notify the department when the number of residents of the facility reaches 50% of the  
licensed capacity. Upon notice, the department will schedule and conduct an on-site  
review of the facility's specialized program.  
A written report of the review shall be provided to the department of social  
services, the licensee, and the placing agency. Based upon the review, the department  
may issue a provisional or regular certification. This rule does not apply to facilities  
certified through the intermediate care facilities for the mentally retarded (ICF/MR)  
(2) Upon receipt of a complaint regarding the provision of specialized program  
services, the department shall conduct a review within 30 days to determine whether  
these rules have been violated. The department shall issue a written report of its findings  
and provide a copy to the department of social services, the complainant, the facility,  
and the placing agency.  
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(3) The department shall issue a complaint against a facility if rule violations  
(4) Failure of the licensee to fully cooperate with the department in connection  
with inspections and investigations is a ground for the denial, suspension, or  
revocation of, or refusing to renew, a facility's certification.  
(5) If a certified facility voluntarily relinquishes its license or has its license revoked,  
suspended, or not renewed, and if all administrative appeals are exhausted, the facility is  
decertified as a matter of law.  
History: 1996 AACS.  
R 330.1805 Accessibility.  
Rule 1805. Common use areas of the facility are accessible to all clients in  
residence or an individual plan of service addresses the removal of imposed  
restrictions. The facility shall be capable of meeting the transportation needs of all  
clients the facility accepts for service.  
History: 1996 AACS.  
R 330.1806 Staffing levels and qualifications.  
Rule 1806. (1) Staffing levels shall be sufficient to implement the individual  
plans of service and plans of service shall be implemented for individuals residing in  
the facility.  
(2) All staff who work independently and staff who function as lead workers  
with clients shall have successfully completed a course of training which imparts  
basic concepts required in providing specialized dependent care and which measures  
staff comprehension and competencies to deliver each client's individual plan of service  
as written. Basic training shall address all the following areas:  
(a) An introduction to community residential services and the role of direct care  
(b) An introduction to the special needs of clients who have developmental  
disabilities or have been diagnosed as having a mental illness. Training shall be  
specific to the needs of clients to be served by the home.  
(c) Basic interventions for maintaining and caring for a client's health, for example,  
personal hygiene, infection control, food preparation, nutrition and special diets, and  
recognizing signs of illness.  
(d) Basic first aid and cardiopulmonary resuscitation.  
(e) Proper precautions and procedures for administering prescriptive and  
nonprescriptive medications.  
(f) Preventing, preparing for, and responding to, environmental emergencies,  
for example, power failures, fires, and tornados.  
(g) Protecting and respecting the rights of clients, including providing client  
orientation with respect to the written policies and procedures of the licensed facility.  
(h) Nonaversive techniques for the prevention and treatment of challenging  
behavior of clients.  
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(3) Training shall be obtained from individuals or training organizations that use a  
curriculum that has been reviewed and approved by the department.  
(4) Written documentation of compliance with this rule shall be kept on file at the  
facility for not less than 3 years.  
History: 1996 AACS.  
R 330.1807 Transferability of certification.  
Rule 1807. Certification shall be issued to a specific facility at a specific  
location, specific licensee and shall be nontransferable and remain the property of the  
History: 1996 AACS.  
R 330.1808 Suspension, denial, or revocation of certification.  
Rule 1808. The director, after notice to the applicant or licensee, may suspend,  
deny, revoke, or reduce to provisional status, a certification if he or she finds that there is  
substantial failure to comply with these rules. The notice shall be sent by certified mail  
or by personal service. The notice shall set forth the particular reasons for the proposed  
action and fix a date, not less than 30 days from the date of service, on which the  
applicant or licensee shall be afforded a hearing in accordance with R 330.1809.  
History: 1996 AACS.  
R 330.1809 Appeals.  
Rule 1809. A facility which has its application for certification denied, a facility  
which is issued a provisional certification, a facility which has its certification proposed  
for suspension, revocation, or reduction to provisional, or a facility which is denied  
renewal shall be provided an opportunity for a hearing in accordance with chapter 4 of  
Act No. 306 of the Public Acts of 1969, as amended, being §§24.271 to 24.287 of the  
Michigan Compiled Laws.  
History: 1996 AACS.  
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