HomeMy WebLinkAbout1478A By-Law Respecting Licences for Nursing Homes.
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"registered nursing assistant" means a registered
nursing assistant within the meaning of The Nurses
Act, 1961-62, and includes a certified nursing assis-
tant who is registered as a nursing. assistant under
the g,o t ;
"resident" means a resident of a nursing home;
"sheltered care" means board and lodging and personal
care provided to residents by or under the supervision
of a registered nurse or a registered nursing assis-
tant and includes,
(i) such procedures as assisting residents with meals,
dressing, movement and bathing,
(ii) assistance with other personal needs, and
'iii) the planning and executing of services designed
for the general health and well-being oP residents.
~. No',person shall, within the limits of the Township of Clark®
operate a n~irsing home unless: or until he has obtained a licence
therefor fr~m the Clerk of the 'Township of Clarke.
3. A ~'ee of X25.00 shall be paid by the proprietor for the
licence issued to him.
4. Each licence shall be issued in respect of a specified
location and the licence shall not be used by the proprietor for s
location other than the one specified therein.
5. Eaph licence shall be issued in respect of a specified
number of persons and the proprietor shall not permit a number of
persons greeter than that specified in the licence to be cared for
or lodged f pr hire at the location in respect of which the licence
is issued.
6. Every applicant for a licence or renewal of a licence to
operate a n~irsing home shall submit a written application in which
he shall state:
(a~ the name and address of the applicant;
(b~ location of .the premises for which the licence
is sought;
(oj the number of rooms used for sleeping accommodation
by the residents and the number of beds in each;
(djthe maximum number of residents which the applicant.
proposes to accommodate at one time;
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(e) the number of bath-tubs or showers, wash-basins and
flush toilets available for
(f) such other information as ms
dance with sections 8 and 9
~. Each applicant for a licence or
be accompanied by
(a) a certificate of an officer
use by the residents;
~y be required in aecor-
of this by-la~v.
renewal of a licence shall
authorized to inspect
buildings under The Fire hl+arshals Act certifying
that the premises have been inspected by him within
3 months of the date of application end that they
are reasonably safe from fire hazard; and
(b) a certificate of the Medical Officer of Health
certifying that the premises have been inspected
by him or his representative within three months
of the date of the application, and that, in his
opinion, they are in reasonable compliance with
the requirements of this By-law.
8. There a municipal. welfare administrator grants and the muni-
cipality pays an allowance for a person who,
(a) is in needy circumstances;
(b) requires sheltered care as certified in writing by a
physician;
(a) is a resident of a nursing home that provides sheltered
oars for the person. and is licensed by the municipality
for that purpose and is governed by a municipal by-law
containing the minimum requirements set out in Section 9;
the proprietor of any lieeneed Nursing Home providing sheltered care
for such patients shall provide the Municipal I~Telfare Administrator
with any and all information requested by him to insure that the
proper allowances m$y be received for such patients and shall certify
upon request that the minimum requirements, as outlined hereunder, are
being fully complied with.
9. The proprietor of a Nursing Home supplying Sheltered Care shall
provide the following minimum requirements;
(a) the nursing home is inspected at least once every three
months by,
(i) an officer authorized to inspect buildings under
The Fire Marshals Act, and
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(ii) the local medical officer of health;
(b) officers authorized to inspect buildings under The
Fire P~~arshals Aot, the local medical officer of health,
any employee of the municipality required to administer
or enforce the provisions of the by-law and provincial
supervisors are given access at any time to the nursing
home or any part thereof for the purposes of inspection;
(c) the nursing home complies with any laws affecting the
health of the inhabitants of the municipality in which
the nursing home is located;
(d) the nursing home complies with any rules or regulations
of the local board of health
and shall require the proprietor to ensure that,
(e) written records are maintained in the nursing home of
the inspections carried out under clause "a" and of
the recommendations made pursuant to such inspections;
(f) all fire hazards in the nursing home are eliminated
and that the recommendations of an officer authorized '
to inspect buildings under The Fire I!~arshals Act are
carried out;
(g) all health hazards in the nursing home are eliminated
and that the recommendations of the local medical officer
of health are carried out;
(h) there is adequate protection from radiators or other
heating equipment;
(i) the water supplies are adequate for all normal needs
including those of fire protection;
(~) there are at least two separate and unobstructed means of
egress to the outside from floors with sleeping aceom-
modation;
(k) no matches, other than safety matches, are available
for the staff or residents or used by them in or around
the nursing home;
(1) an inspection of the building is made each night to
ensure that there is no danger of fire:;
(m) adequate supervision is provided at all times for the
security of the residents and the nursing home;
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(n) Oxygen is not used or stored in the nursing home in
a pressure vessel;
(o) bed accommodation for residents is in rooms with a
minimum of,
(i) 600 cubic feet of air space and ']5 square feet of
floor space for each resident sixteen ,years of age
and over, and
(ii ) 400 oubie feet of air. spade and 50 square feet of
floor space for each resident under sixteen ,,years
of age,
with the beds so placed that no bed overlaps a window
or radiator or is placed in a doorway, and r_o bed at
any point is nearer to any other bed than 2-1/2 feet
and that each room used for bed accommodation has at
least one window that opens directly to the outside
air, is equivalent in size to not less than 10 per
cent of the floor space of the room. and is capable of
~eina opened or closed at all times;
(p) no lobby, hallway, closet, bathroom, cellar, stairway or
kitchen is used for bed accommodation at any time;
(q) toilet .and bathing facilities are readily accessible to
all residents with a minimum of one wash basin and one
flusr toilet for every five residents and one bathtub
or shower for every twelve residents;
(r) a minimum temperature of ?ZoF, is maintained in the
nursing home di_zring the period from. the lst day of
October to the 31st da.y of P?ay;
(s) adequate diet?r~r standards a.r.e maintained in the ntzrsin
home and that nourishing meals are provided at regular
and reasonable intervals and are prepared by or under
the sup$rvision of a competent person;
(t ) books of aec cunt and adequate records relatir_~^ to
residents and staff are maintained in the marsing home;
(u) no person is admitted to or retained as a resident in
the nursir_g home,
(i) who is a *naternity case,
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(ii) who is mentally ill or mentally defective within the
meaning of "'he l~~ental Hospitals Aot and eligible for
admission to an institution under that pct.
(iii) for whom a physician recommends treatment for aleo-
holism or drug addiction, or
(iv) for whom a physician recommends medical care or
treatment in a hospital;
(v) ' ~: $ sufficient number of staff in relation to the number
of residents oared for is on duty in the nursing home at
all times;
(w) each member of staff is of suitable age, physically fit
and qualified to undertake his duties in the nursing
home and certified by a physician to be free from active
tl~berculosis or other communicable or contagious disease;
(x) where a resident dies in the nursing home, notice of the
death is given to a coroner other than a coroner who
has attended the deceased resident r~s a physician;
(y) sheltered care is provided by or under the supervision of
a registered nurse or a registered nursing assistant; and
(z) medical care and attention is made available to the resi-
dents.
10. there a municipal welfare administrator. grants and the
municipality pays an allowance for a person who,
(a) i s in needy circumstances;
(b) requires. nursing services as certified in writing by
a physician, anti
(c) is a resident of a nursing home that provides nursing
services to the person, is licensed by the municipality
for that purpose and is gtfiverned by a municipal by-law
containing the minimum requirements set out in sections
9 and 11;
the proprietor of any licensed Pursing Home providing ?Nursing Service
for such patients shall provide the A~unieipal Melfare administrator
with any and all information requested by hirn to insure that the
proper allowances may be received for such patients and
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shall certify upon request that the minimum requirements as outlined
hereunder are being fully complied with.
11. The proprietor of a Nursing Home supplying T?ursing Service
shall provide, in addition to meeting ell requirements regarding
sheltered care, the following minimum requirements:
(a) nursing services are provided to residents by a
registered nurse or a registered nursing assistant
under the supervision of a registered nurse;
(b) in a nursing home having less than fifty beds, a
registered nurse or a registered nursing assistant is
on duty in the nursing home at all times;
(c) in a nursing horn.e having fifty beds or more, a
registered nurse is on duty in the nursing home at all
times;
(d) where nursing services are provided to residents by a
registered nursing assistant, adeouate arrangements are.
made so that a registered nurse is on duty in the
marsing home for a period of not less than eight hours
each week to supervise the nursing services of the
registered nursing assistant and to assess and review
the individual nursing Dare of each resident at least
once each week;
(e) each resident is or has been admitted to the nursing
home on the recommendation of a physician and, while e
resident therein, is under the continuing care. and
supervision of a physician; and
(f) adequate arrangements are made so that a physician is
available at all times to provide medical care and
attention, emergency or otherwise, as may be required
from time to time by any resident.
(g) any other requirements made by the Department of Public
'PJelfare and contained in relevant legislation or regu~
lations made thereunder.
12. 'Nhere a person in respect of whom a contribution is made
under section 8 or 10 is a recipient of a governmental benefit, the
allowance computed for the purpose of section 8 or 10, as the case
may be, shall be reduced by the amount of the governmental benefit
less 15 per cent of that benefit and the proprietor of a nursing home
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shall keep the Pu~i~nieipal ?~7elfare Administrator advised of any fact
or chan<~;e of feat that may affect or alter the grant payable.
13. Since no payment shall be made by Ontario to a municipality
under section 8 or 10 unless the Director is satisfied that the
nursing home is in compliance with the requirements of the municipal
bz~-law under which i t i s licensed, the proprietor of an~r nursi nQ home
shall ens~xre that all requirements of this by-law are fully met in
order to er_sure payments of the appropriate Provincial Grant.
14. For the purposes of section 13, fhe Director may require the
inspection of the nursing home by a provincial supervisor and the
praprietor of any .nursing home licensed under this b~~-law shall admit
to the home and co-operate fully with any such supervisor.
15. For the purposes of this by-law the terms "Sheltered Care"
and "nursing Services" shall be defined as follows:
(a) "Sheltered Dare" means board and lodging and personal
Dare provided to residents by or under the supervision
of a registered nurse or a registered nursing assistant,
and includes,
(i) such procedures as assisting residents witr. meals,
dressing, movement and bathing,
(ii) assistance with other personal needs, and
(iii} the planning and executing of services designed
for the general health and well-being of residents.
(b) "T?ursing serviaesn means nursing services provided to
residents by or under the supervision of a registered
nurse, and includes the rlanning and executing of
nursing care in accordance with the orders, instructions
and prescriptions of a physician.
16. In every nursing home, the licence shall be posted in a
conspicuous place in the lower hallway and a printed copy of this
per-law shall be made available by the broprietor for examination upon
the request of any resident in the nursing home.
1']. The '_Runieipality or the Board may at any time revoke any
licence issued under this ?3y-law, and notice thereof shall be given
btT the r~unieipality or the Board by registered letter mailed to the
proprietor at the address in respect of which the licence was issued.
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1~. Lach licence shall be in force for one ~~ear Prom first of
Jar_~aar~r to 31st of December.
19. An~r rroprietor or other person concerned in the management
of a ntzrsir.~: ro*~e v~+ho is nuilty of an offence under this R~,-laT~~ sha11
on st;mm~r~r conviction be liable to a nenalttr of not More th~r. .~a50.00
for each offence.
20. ?`?othin~ in this ?3~r-la~r~ shall be construed to abro;ate or
lesser. ar.T~ and all requirements that "'he ?~enartment of ?'ublic 'Welfare
rave er.~cted to novern the operation of '~Tursin~ Homes in the Province
and such requiremer_ts shall be read mutatis mutandis .pith the pro-
visions of this ?'v-lA~~.
21. orris ~~r-late sha11 take effect on and from the 6th day of
~~ri l ~ 1c~65 .
22. T?~T-lam T?o. ?45R be and is herebTT repealed.
Read a First and second time t~!is Gtr da~r of !~~pri_1 1965.
Read a third time and fi na ll~r passed this 6th da~r of A?~ri 1 196 5.
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