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HomeMy WebLinkAboutBy-law 3038 .BY'LAW.. NUMBER.. ..~ A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF PICKERING TO LICENSE NURSING HOMES, The Council of the Corporation of the Township of Picketing ENACTS AS FOLLOWS: (a) "Local Board of Health" means the Local Board of Health for the South Ontario County Health Unit; (b) "municipality" means the Corporation of the Township of Picketing; (c) "nursing home" means a nursing home that is operatedas a business, cares for three or more residents who are unrelated to the proprietor and provides nursing services or sheltered care to the residents; (d) "nursing services" means nursing services provided to residents by or under the supervision of a registered nurse, and includes the planning and executing of nursing care in accordance with the orders, instructions and prescriptions of a physician; (e) "physician" means a duly qualified medical practitioner; (f) "proprietor" means the person who has been granted a license to operate a nursing home under this By-Law; (g) "provincial supervisor" means a regional welfare administrator or any other employee of the Ontario Department of Public Welfare whom the Minister desig- nates as a provincial supervisor for the purposes of Ontario Regulation $38/6q as made under The General Assist.a~ce. ~ct; (h) "registered nurse" means a registered nurse within the meaning of The Nurses Act, 1961-62~ (i) "registered nursing assistant" means a registered nursing assistant within the meaning of The Nurses Act, 1961-62, and includes a certified nursing as'sistant who is registered as a nursing assistant under this Act$ (j) "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 assistant, 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 of resideuts. 2. Every nursing home shall, (a) be inspected a~ leas~ once every three months by, - 2 - (a) (i) an officer authorized to inspect buildings under The Fire Marshals .Act, and (ii) the local medical officer of health, (h) comply with any laws affecting the health of the inhabitants of the municipality; and (c) comply with any rules or regulations of the Local Board of Health. Officers authorized to inspect buildings under The Fire ~.arhaals A.c.t~ the local medical officer of health, any employee of the municipality required to administer or enforce the provisions of this By-Law and provincial supervisors shall be given access at any time to every nursing home or any part thereof for the purposes of inspection. The proprietor of nursing home that provides sheltered every care to the residents shall ensure that, (a) written records are maintained in the nursing home of the inspections carried out under clause a of section 2 and of the recommendations made pursuant to such inspections; (b) all fire hazards in the nursing home are eliminated and that the recommendations of an officer authorized to inspect buildings under T~e..F~.~e..Mars.hals Act are carried out; (c) all health hazards in ~he nursing home are eliminated and that the recommendations of the local medical officer of health are carried out; (d) there is adequate protection from radiators, or other heating equipment; (e) the water supplies are adequate for all normal needs including those of fire protection; (f) keep all parts of the building free from rubbish, garbage, ashes, flammable materials and other debris; (g) keep the cellar of The nursing home well drained and ~entit&ted; (h) keep the nursing home weatherproof, free from dampness, adequately heated, and all hea~ing equipment in good repair; (i) maintain adequate kitchen equipment, including refrigeration, and facilities to ensure the proper preparation and protection of food; take all necessary steps to keep the building free from vermin, insects and pests. (k) there are at least two separate and unobstructed means of egress to the outside from floors with sleeping accommodation; (1) no matches, other than safety matches, are available to the staff or residents or used hy them in or around the nursing home; (m) an inspection of the building is made each night to ensure that there is no danger of fire; - S - 4. (n) adequate supervision is provided at all times for the ~ security of the residents and the nursing home; (o) oxygen is not used or stored in the nursing home in a pressure vessel; (p) bed accommodation for residents is in rooms with a minimum of, (i) $00 cubic feet of air space and 75 square feet of floor space for each resident sixteen years of age and ove~, and (ii) 400 cubic feet of air space and 50 square feet of floor space for each resident under sixteen years cf age, with the beds so placed that no bed ~erlaps a window or radlatom or is placed in a doorway, and no 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 Doom and is capable of being opened or closed at all times; (q) no lobby, hallway, closet, bathroom, cellar, stairway or kitchen is used for bed accommodation at any time; (r) toilet and bathing facilities are readily accessible to all residents with a minimum of one wash basin and one flush toilet for every five residents and one bathtub or shower for every twelve residents; (~) a minimum temperature of 72° F. is maintained in the nursing home during the period from the 1st day of October to the 31st day of May; (t) adequate dietary 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 competent person; (u) books of account and adequate records relating to residents and staff are maintained in the nursing home; (v) no person is admitted to or retained as a resident in the nursing home, (i) who is a maternity case, (ii) who is mentally ill or mentally defective within the meaning of The Mental Hospitals Act and eligible for admission to an instltution under that Act, (iii) for whom a physician recommends treatment for alcoholism or drug addiction, o~ (iv) for whom a physician recommends medical care or treatment in a hospital; (w) a sufficient number of staff in relation to the number of residents cared for is on duty in the nursing home at all times; (x) 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 tuber- culosis or other communicable or contagious disease; - 4 - 4. (y) 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 as a physician; (z) sheltered care is provided by or under the supervision of a registered nurse or a registered nursing assistant; and (zz) medical care and attention is made available to the residents. ~ 5. The proprietor of nursing home That provides nursing every services to the residents shall, in addition to the requirements set out in section 4, ensure that, (a) %.3~sing 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 meg° istered nurse or a registered nursing assistant is on duty in the nursing home at all times; (c) in a nursing home 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, adequate arrangements are made so that a registered 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; (e) each resident is or has been admitted to the nursing home on the recommendation of a physician and, while a 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 medioan care and attention, emergency or otherwise, as may be required from time to time by any resident. ) 8. No person shall operate a nursing home within the limits of the Township of Picketing or advertise that they operate a nursing home within the Township of Picketing without first obtaining a license from the Corporation of the Township of Picketing under this by-law No person shall operate a home as a business that gives personal care for three or more people not related to the proprietor, eligible as residents of a nursing home, unless such home is supervised by a registered nurse or registered nursing assistant. 5 7. A fee of Ten Dollars shall be paid by the proprietor for a licence issued to him up to six persons, and Twenty-Five Dollars over six, to the Treasurer of the Township of Picketing. 8. Each license shall, (a) be issued in respect of a specified location and the license shall not be used by the proprietor for a location other than the one specified therein; 5 8. (b) be issued in Pespect of a specified numbeP of pex`sons and the pPopPietoP shall not pemmlt a numbeP of than that specified in the license to be caped foP oP lodged foP hiz~e at the location in x`espect of which the license is issued; and (c) specify whethex` the license is issued foz. the puPpose of pPoviding sheltePed came o~ nux`sing semvices. 9. EvePy applicant fox' a license oP Penewal of a license to opel-ate a nuz. sing home shall submit a wz. itten application in which he shall state, (a) the name and addPess of the applicant; (b) the 3ccation of the pz~emises fop which the license is s ought; (¢) the numbeP of x`ooms used fox` sleepin~ accommodation by the Pesidents and the numbem of beds in each; (d) the maximum numbel~ of Pesidents which the applicant pPoposes to accommodate at one time; (e) the numbeP of bathtubs or showems, wash basins and flush toilets available fom use by the Pesidents; and (f) such othez' infoPmation as the Local Board of Health the municipality may mequiPe. 20. Each application fox` a license om menewal of a license shall be accompanied by, (a) a cemtificate of an officeP authomized to inspect buildings undeP The FiFe Max`shals Act cePtifyin~ that the pPemises have be'e'n 'insp'ected by h'im within thx`ee months of the date of application and that they ape ~easonably safe fPom fi~e hazaPd; and (b) a cex`tificate of the local medical officex` of health cePtifying that the pPemises have been inspected by him within thx`ee months of the date of application and that, in his opinion, they ape in measonable compliance with the PequiPements of this By-Law. [1. The pmopx`ietoP shall keep om cause to be kept a Pegistem of the pePsons ~esident in the nuPsing home which shall set foPth, (a) the name, age, sex and fommex` place of abode of each Pesident; (b) the date and ciPcumstances of his admission to the home; (c) a Pecox`d of all medical examinations aftex` admission, the diagnoses and omdems of physicians and the medicines, medications and tx`eatments p-~esoPibed ox~ administemed; (d) the date, the ciPcumstances of his dischaPEe fz-om the home and the name and addx`ess of the pax`son om institution in whose cax`e om to which he was dischax`ged; (e) in the event of the dath of a Pesident, (i) that notice of the death has been ~iven to a otheP than a ooPonex` who has attended the deceased Pesident as a physician, (ii) a Pecox`d of the ciPcumstances of the death, and $ 11. (e) (iii) the name and address of the person claiming the body~ an d (f) such other additional information as may be required by the municipality or the local medical officer of health. 12. In every nursing home, the license shall be posted in a conspicuous place in the lower hallway and a copy of this By-Law, as supplied by %he municipality, shall be made available by the Proprietor for examination upon the request of any resident in the nu~sin~ home. 13. The municipality may at any %ime revoke any license issued under this By-Law, and notice thereof shall be given by the municipality by ~eglstered letter mailed to the proprietor at the address in respect of which the license was issued. Each license shall be in force f~ o~e year from the let day of January to the 31st day of December, in each year. 15. This By=Law shall become effective on the Third reading and final passing, of same. Any licensee who has paid the necessary fee and who is now in possessioD of a nursing home license issued for the period of January 1, 1965, to December 31st, 1965, under By-Law No. 2336, may upon compliance with the conditions of this by-law~ obtain a license subject to the terms of this by-law free of other charge for the unexpired period of the license issued to ~tm under By-Law No. 2336, such term not to extend beyond December 31st, 1965. 15, Any proprietor or other person concerned in the management of a nursing home who is guilty of an offence under this By-Law shall on summary conviction be liable to a penalty of not more than $300.00 for each offence, in addition to costs. BY-LAW read a First and Second time this ~/day of, BY_LAW read a Third time and PASSED this ~. day of ~3.'; 1965. q~lerk '