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HomeMy WebLinkAbout1931BY- LAW If if THE CORPORATION OF THE TOWN OF BOWMANVILLE A Bylaw respecting licences for Nursing Homes. The Council of the Corporation of the Town of Bowmanville enacts as follows: I (a) "Municipality" means a county, city, separated town, village, township or improvement district. (b) "Board" means the Local Board of Health for the Counties of Northumberland and Durham. (c) "Nursing Home" means any premises in which persons are cared for or lodged for hire where, in addition to sleeping accommodat- ion and meals, personal care, nursing services, medical care and treatments are provided or made available for three or more res- idents who are unrelated to the proprietor and is operated as a business. (d) "Proprietor" means the person who has been granted a licence to operate a nursing home under a by-law passed by the Council of the Municipality in which the Nursing Home is situated, (e) "Resident" means a person who is cared for or lodged for h2v in a nursing home. (f) "Nursing Services" means nursing services provided to resi- dents by or under the supervision of a registered nurse, and in- cludes the planning and executing of nursing care in accordance with the orders, instructions and prescriptions of a physician. (g) 'tPhysician" means a duly qualified medical practitioner. (h) "Registered Nurse" means a registered nurse within the mean- ing of The Nurses Act 1961-62.. - (i) "Registered Nursing Assistant" means a registered nursing assistant within the meaning of The Nurses Act 1961 -62.+ and includes a certified nursing assistant who is registered as a nursing assis- tant under that Act. (j) "Provincial Supervisor" means a regional welfare administra- tor or any other employee of the Department of Public Welfare wh9,pq the Minister designates as provincial supervisor for the Furposss of this section. (k) "Sheltered Caren means board.and lodging and personal care W2- provided to residents by or under the supervision of a registered nurse or a registered nursing assistant, which indludes assisting residents with meals, dressings, movement and bathing and other personal needs, also planning for the executing of services desig- ned for the general health and well -being of residents. II No person ywithin the limits of the Town of Bowmanville operate a nursing home unless or until he has obtained a licence therefore from the Clerk of the Municipality. III A fee of 425.00 shall be paid by the occupier for the licence iss- ued to him. IV Each licence shall be issued in r Nspect of a specified location and the licence shall not be used by the occupier for a location other than the one specified therein. V Each licence shall be issued in respect of a specified number of persons and the occupier shall not permit a number of persons greater than that specified in the licence, to be cared for or lodged for hire at the location in respect of which the licence is issued. VI Every applicant for a licence or renewal of a licence to operate a nursing 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 (c) the number of rooms used for sleeping accommodation by the residents and the number of beds in each (d) the maximum number of residents which the applicant proposes to accommodate at one time (e) the number of bath -tubs or showers, wash - basins and flush toi- lets available for use by the residents. (f) such other information as the municipality may require VII Each application for a licence or renewal of a licence shall be accompanied by: (a) a certificate of an officer authorized to inspect buildings �W under the Fire Marshals Act and the local medical officer of Health, certifying that the premises have been inspected by them within 3 ".3- months of the date of application and that they are reasonably safe from fire hazards and the nursing home complies with any rules or regulations of the local board of health. (b) also, that the nursing home complies with any laws affecting the health of the inhabitants of the municipality in whtrh the nursing home is located. VIII That officers authorized to inspect buildings under The Fire Mar- shals Act, 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 and all reasonable times to the nursing home or any part thereof for the pruposes of inspection. IX The proprietor shall provide and ensure that; (a) written records are maintained in the nursinporelating to res- idents and staff (b) all fire hazards in the nursing home are eliminated and that the recommendations of an officer authorized to inspect buildings under The Fire Marshals Act are carried out (c) all health hazards in the nursing home are eliminated and that the recommendations of the local medical officer of health are carried out (d) records are maintained in the nursing home of inspections car- ried out under clause b and c pursuant to such inspections, (e) that there is adequate protection from all radiators or other heating equipment (f) the water supplies are adequate for all normal needs including those of fire (g) there are at least two separate and inobstructed means of egress to the outside from floors with sleeping accommodation (h) no matches other than safety matches are available to the staff or residents or used by ahem in or around the nursing home (i) an inspection of the building is made each night to ensure that there is no danger of fire (j) oxygen is not used or stored in the nursing home in a pressure vessell. (k) adequate supervision is provided at all times for the security of the residents and the nursing home (1) that the nursing home is inspected at least once in every three months by an officer authorized to inspect buildings under The Fire Marshals Act and by the medical officer of health or his representative (m) maintain a minimum temperature of 72 degrees F. in the nursing home during the period from the 1st day of October to the 31st day of May. (n) toilet and bathing facilities readily accessible to all resi- dents with a minimum of one wash basin and one flush toilet for every five residents and one bath tub or shower for every twelve residents (o) adequate dietry standards are maintained in the nursing home and that nourishing meals are provided at regular and reasonable intervals and are prepared by or under the supervision of a com- petent person X The proprietor shall provide sleeping accommodation for residents in rooms with a minimum of (a) 600 cubic feet of air space and 75 square feet of floor space for each resident sixteen years of age and over (b) 400 cubic feet of air space and 50 square feet of floor space for each resident under sixteen years of aE;e, with the beds so placed that no bed overlaps a window or radiator or is placed in a doorway, and no bed at any point is nearer to any other bed than 21f and that each room used for bed accommodation has at least one window that opens directly to the out -side air, is equivalent in size to not less than 10 per cent of the floor space of the room and is capable of being opened or closed at all times. (c) no lobby, hallway, closet, bathroom$ cellar, stairway, or kitchen is used for bed accommodation at any time XI The proprietor shall not admit or retain as a resident any matern- ity case, or any person who requires treatment for alcoholism, drug addiction, mental illness or disease, or any person who re- quires active medical or surgical care. a - 5- XII The proprietor shall provide a sufficient number of staff in re- lation to the number of residents cared for is on duty in the nursing home at all times. (a) each member of staff is of suitable age, physically fit and qualified to undertake his duties in the nursing home and certi- fied by a pnysician to be free from active tuberculosis or other communicable or contagious disease. XIII The proprietor shall keep or cause to be kept a register of per- sons resident in the nursing home which shall set forth (a) the name, age sex and former place of abode of each resident. (b) the date on circumstances of his admission to the home (c) a record of all medical examinations after admission, the diag- nosis and order s of duly qualified medical practitioners, and the medicines, medication and treatments prescribed or administered 4d) the date, circumstances of his discharge from the home and the name and address of the person or institution in whose care or to which he was discharged. (e) where a resident dies in the nursing home$ notice of death is given to a coroner other than a coroner who has attended the dec- eased resident as a physician. XIV Nursing services are provided to residents by a registered nurse or a registered nursing assistant under the supervision of a reg- istered nurse (a) 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 (b) in a nursing home having fifty beds or more, registered nurse is on duty in the nursing home at all times (c) where nursing services are provided to residents by a registered nursing assistant, adequate arrangements are made so that a reg- istered nurse is on duty in the nursing 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 care of each resident at least once each week. (d) each resident is or has been admitted to the nursing home on A Y. . Not the recommendation of a physician and while a resident therein is under the continuing care and supervision of a physician and ad- equate 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 'Oiue •by­&nytvesident. xv For the purposee of this by -law the Director of Public Welfare may require the inspection of the nursing home by a provincial super- visor. XTI The Corporation of the Town of Bowmanville may at any time revoke any licence issued under this by -law, and notice thereof shall be given by the Town of Bowman ville by registered letter mailed to W the Proprietor at the address in respect of which the licence was issued. XVII Each licence shall be in force for one year from the':.lst day of If4w v ARy � to the 38th day of N"%9mWrer. . XVIII Each proprietor or other person concerned in the management of a nursing home who is quilty of an offence under this by -law shall on summary conviction be liable to a penalty of not more than X50. 00 for each offence. XIX This by -law shall take effect on and from the 1st day of March 1965. XX Any previous by -law inconsistent v+d th the terms of this by -law are hereby repealed. Read a First and Second Time this /3� day of March, 1965• Read a Third Time and finally passed this day of March, 1965. i Mayor. Jerk.