HomeMy WebLinkAboutORDINANCES-1970-089-O-70Is
• As Adopted 2-22-71
89-0-70
AN ORDINANCE
Licensing and Regulating Long
Term Care Facilities
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That there be added to Chapter 25,
"License and Occupation Tax," of the
Code of the City of Evanston, 1957, Sections 25-35 to 25-45,
inclusive, providing for the licensing and regulating of nursing
homes, sheltered care homes and homes for the aged, so that said
sections shall read as follows:
"Sec. 25-35. Definitions.
'Conversion' shall mean adapting a building not cur-
rently in use as a home for the maintenance, care or
nursing of persons who are ill, aged or physically
infirm, into such a home.
'Phasing' shall mean changing a home for the main-
tenance, care or nursing of persons who are ill,
aged or physically infirm from one level of service
to another.
"Sec. 25-36. Adoption of Rules and Regulations.
The licensing and regulations of homes for the
maintenance, care, or nursing of persons who are
ill, aged, or physically infirm, shall be in
accordance with the Act approved by the People of
the State of Illinois, July 17, 1945, as amended
July 31, 1967, and as heretofore or hereafter
amended.
Pursuant to authority granted by the General Assembly
to Cities, Villages, Illinois Revised Statutes, 1969,
Chapter 1111/2, Paragraphs 35.16 - 35.35, inclusive,
the City of Evanston adopts by reference the Minimum
Standards Rules and Regulations for Classification
and Licensure of Long Term Care Facilities by levels
of care, and governing the Licensing of Skilled Nur-
sing Facilities, Licensing of Intermediate Care
Facilities and Sheltered Care Facilities promulgated
under date of June 1, 1970 by the Director of Public
Health of the Department of Public Health of the
State of Illinois and in effect on and after
September 1, 1970. Violation of any said Rules and
Regulations as adopted by this ordinance shall be con-
sidered a violation of the provisions of this ordi-
nance; provided that:
1. Any reference in said Rules and Regulations
to 'Department' shall read as meaning the
Evanston -North Shore Health Department.
2. Any reference in said Rules and Regulations
to the 'Director' shall mean the Public
Health Director of the Evanston -North Shore
Health Department.
3. Any reference in said Rules and Regulations
to 'Fire Marshal' shall mean the Fire Marshal
of the Evanston Fire Department.
4. Filing for Public Inspection. Three copies
of each of said Minimum Standards, Rules and
Regulations, adopted by reference, shall be
filed in the office of the City Clerk and
there kept available for public use, inspec-
tion and examination for a period of at least
15 days prior to the adoption of this ordinance.
At least one copy of each of the minimum Stan-
dards, Rules and Regulations of the Depart-
ment of Public Health of the State of Illinois,
shall be kept on file in the office of the
Director for public inspection.
"Sec. 25-37. License Required.
1. It shall be unlawful for any person to conduct,
maintain, operate or advertise any nursing home,
sheltered care home, or home for the aged, as de-
fined in this ordinance, in the City of Evanston,
without first having obtained a license from the
City of Evanston. Under the standards, all
long-term care facilities operating under this
ordinance will be issued a license to operate which
will specify the number of beds in the facility
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which are licensed for the provision of each level
of care; skilled nursing care, intermediate care or
sheltered care, as defined by the State of Illinois
Standards.
Said license shall be issued for a period not to
exceed one year. Each such license shall expire
in conjunction with the State of Illinois license,
and a renewal license shall be obtained annually.
2. The annual license fee shall be one hundred
dollars ($100.00) plus one dollar ($1.00) per bed
for each nursing home, sheltered care home or home
for the aged.
3. Any license issued under the terms of this
ordinance shall be non -transferable. It shall
be issued only to a specific individual, partner-
ship, corporation, or association, and shall be
for a specific location.
"Sec. 25-38. Application for License.
1. Any person acting individually or jointly
with other persons who propose to build, own,
establish or operate a nursing home, home for
the aged, or sheltered care home, shall submit
a pre -application form as furnished by the
Department, accompanied by a fee payable to the
City Collector of the City of Evanston in the
amount of fifty dollars ($50.00). Said fee shall
not be refundable and shall be used to defray
such costs as are incurred in investigating the
pre -application information.
In the case of new construction or the conversion
of existing structures, said applicant shall also
submit preliminary plans and specifications for the
proposed home to the Department for approval.
2. In addition to the above, the applicant shall
also submit a certificate from the Department of
Inspections and Permits stating that the building
or structure to be used as a nursing home, home
for the aged, or sheltered care home, complies with
the requirements of the Building Code and the Zon-
ing Ordinance of the City of Evanston, and that said
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building is located within an area in which a
nursing home, sheltered care home, or home for the
aged is permitted in accordance with the present
or hereafter adopted zoning ordinance.
3. Upon the acceptance of the Pre -Application Form
and approval of plans for the home, the applicant
will be notified by the City Collector when to sub-
mit application and a license fee as provided in
Sec. 25-37, paragraph 2.
"Sec. 25-39. Inspection Required.
No license to operate a nursing home, sheltered
care home, or home for the aged, shall be issued
until inspection shall first have been made by the
Department of Inspections and Permits, the Fire
Department, and the Health Department, and certif-
icates of approval delivered by the Director of
Inspections and Permits and the Fire Marshal to
the Public Health Director.
1.- The Public Health Director shall determine that
the nursing home, sheltered care home, or home for
the aged meets the provisions of this ordinance.
2. The Director of Inspections and Permits shall
determine that the building or structure occupied
by the nursing home, sheltered care home, or home
for the aged, complies with the applicable pro-
visions of the Illinois Revised Statutes, the
Building Code, and the Zoning Ordinance of the
City of Evanston, that plumbing and sanitary
facilities comply with the requirements of the
Plumbing Code; that all electrical fixtures,
equipment, and wiring are installed and used in
conformity with the requirements of the ordinance
of the City of Evanston pertaining thereto; and
that the building is located within an area in
which nursing homes, sheltered care homes, or
homes for the aged, are permitted by the present
or hereafter adopted zoning ordinance.
3. The Fire Marshal shall determine that no fire
hazards exist, that the building and premises meet
the minimum standards for fire protection established
by the State of Illinois and the City of Evanston.
"Sec. 25-40. Renewal of License.
No application for the annual renewal of a license
will be granted unless authorized by the Department.
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Any license fee shall be submitted with the
application on forms furnished by the Department.
When a licensed nursing home, sheltered care home,
or home for the aged is sold, leased, discontinued,
moved to a new location, or the license has been
revoked, the annual renewal license shall immediately
become void and shall be returned to the Department.
"Sec. 25-41. Denial, Refusal to Renew, Revocation
of License.
The City Manager 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 ordi-
nance or any rule, regulation or standard incorporated
by reference under the provisions of this ordinance
or any rule included in this ordinance.
An 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, or if
a corporation, of any of its officers or
directors, or of the person designated to
manage or supervise the home, of a felony
or of two or more misdemeanors involving
moral turpitude, or, in the case of the
conviction of a misdemeanor by a court not
of record, as shown by other evidence; or
other satisfactory evidence that the moral
character of the applicant or manager or
supervisor of the home is not reputable;
(c) personnel insufficient in number or un-
qualified by training or experience prop-
erly to care for the proposed number and
type of residents;
(d) insufficient financial or other resources to
operate and conduct the home in accordance
with the requirements of this ordinance and
the minimum standards, rules and regulations
promulgated thereunder.
A license may be revoked or renewal denied for any of
the following reasons:
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(a) cruelty or indifference to the welfare of
a resident;
(b) misappropriation of the property of a resident;
(c) conversion of the property of a resident;
(d) violation of any provisions of this ordinance;
(e) any ground upon which an application for a
license may be denied.
"Sec. 25-42. Notice and Hearing.
The Department may, upon its own motion, and shall
upon the verified complaint in writing of any per-
son setting forth facts which if proven would con-
stitute grounds for the denial of an application
for a license, or refusal to renew a license, nr
revocation of a license, investigate the applicant
or licensee. Before denying an application or
refusing to renew a license, or revoking a license,
the Department shall notify the applicant in writing
of a hearing to be held thereon. The notice shall
specify the date, time and place of the hearing
which shall be held not less than ten days after
the notice is mailed or delivered. The notice shall
designate the charges or reasons for its contemplated
action of denial, refusal to renew, or revocation.
The notice may be served by delivery of the same
personally to the applicant or licensee, or by
mailing the same by registered mail to the address
specified in the application, or, in the case of a
licensee, to the address of the home designated in
the license.
The hearing shall be conducted by the City Manager
or Director if so designated by the City Manager.
Either may compel by subpoena or subpoena daces
tecum, the attendance and testimony of witnesses
and the production of books and papers,..and admin-
istear oaths to witnesses. The hearing shall be con-
ducted at such place as designated by the Department.
The City Manager or Director 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.
When an application for a license has been denied,
renewal has been refused, or a license has been
revoked, the State Department of Public Health shall
be notified.
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"Sec. 25-43. Additional Regulations.
The following requirements shall apply in addition
to the standards promulgated by the Department of
Health, State of Illinois, and shall be minimum
standards for facilities licensed in the City of
Evanston:
1. With respect to Nursing Services and Services
in the Intermediate Care Facility:
(a) There shall be, in facilities having up
to and including forty-nine (49) occupied beds,
at least one Illinois Licensed Professional
Nurse, or one Iln,iois Licensed Practical Nurse
in addition LO the Director of Nursin employed
in +hc Home for at least forty hours ?40) per
week on a shift other than that of the Director
of Nursing. There shall be coverage on days off
for these nurses by an Illinois Licensed Profes-
sional Nurse or an Illinois Licensed Practical
Nurse.
(b) There shall be, in facilities having from
fifty (50) to ninety-nine (99) occupied beds,
inclusive, in addition to the Director of Nursing,
one Illinois Licensed Professional Nurse or one
Illinois Licensed Practical Nurse in charge of
each eight (8) hour shift. This person's duties
shall be for the purpose of providing profes-
sional supervision and instruction to the non-
professional staff. There shall be coverage
on days off by Illinois Licensed Professional
Nurses or Illinois Licensed Practical Nurses.
2. With respect to all new construction or conver-
sion herein, the following conditions, in addition
to any other conditions and standards hereinbefore
listed, shall be met:
(a) all corridors shall be supplied with tem-
pered fresh air at six air changes per hour
at the rate of 2 CFM per sq. ft.;
(b) all laundry, storage and counting rooms shall
be supplied with fresh air and exhaust to get
four air changes per hour at the rate of 1%
CFM per sq. ft. unless located on an outside
wall and have proper operable windows.
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3. The following standards shall apply to all new
construction of and conversions to sheltered
care facilities. This includes all new building
and all additions, conversions or alterations of
existing building:
(a) In homes with accommodations of 200
residents or more, there shall be a qualified
recreational therapist employed full time who
shall be responsible for a specific planned
program geared to the individual resident's
needs.
(b) All resident rooms shall meet the following
standards:
(1) each single bedroom for a resident shall
have at least 120 sq. ft. of usable floor
area not including any space taken up by
closets and wardrobes;
(2) each multiple bedroom used by residents
shall have at least 90 sq. ft. per resi-
dent or usable floor area not including
any space taken up by closets and ward-
robes;
(3) there shall be provided for each
resident a closet or wardrobe with a
floor area of at least 4 sq. ft.
(4) each resident bed shall be furnished
with a satisfactory bedside cabinet with
a drawer. This is in addition to required
drawers in dressers;
(5) each room shall be provided with screens
which will be available to provide privacy
for residents in multiple occupancy rooms.
(c) there shall be one lavatory and one water
closet for each bedroom except that one such
facility directly accessible from each of two
rooms may serve both, provided there are not
more than four persons in the two rooms. In
addition, there shall be one water closet for
each 20 residents accessible from the corridor.
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Where this results in four units or more, they
are to be placed in two separate rooms, one
for each sex. Each such room shall contain a
lavatory.
(d) there shall be one bathtub or shower for
each six resident beds on each floor, with
direct access thereto from the resident's
room, or from the common hallway.
(e) all living, dining,
have a combined area of
per resident bed.
and activity rooms shall
not less than 50 sq. ft.
4. All facilities must have consultation from a
dietitian or nutritionist who meets the American
Dietitic Association's standards for qualification
as a dietitian or a graduate from a university
baccalaureate program with a major study in food
and nutrition for not less than eight (8) hours
each month.
5. The following standards shall apply to all ex-
isting sheltered care facilities and to existing
facilities phased into sheltered care facilities.
(a) bathroom fixtures shall be provided in the
following minimum numbers:
(1) one lavatory and one water closet for
each ten resident beds;
(2) one bathtub or shower for each fifteen
resident beds.
(b) (1) each single bedroom for a resident shall
have at least 90 square feet of floor area,
not including any space taken up by closets;
(2) each multiple bedroom used for residents
shall have at least 75 square feet of floor
area, not including space taken up by closets,
for each resident's bed.
(c) the combined living room, dining room, and
activity area shall be approximately 25 square
feet per resident bed.
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6. No facility, whether new or existing, shall be
constructed, converted or altered, to create
or expand its facilities to house more than
300 resident beds in a single free standing
structure.
"Sec. 25-44. Appeals.
Any person aggrieved by the provisions of this ordi-
nance may appeal its provisions to the City Council
of the City of Evanston. Any person seeking relief
from the provisions of this ordinance shall submit
to the Director,* in writing, a detailed explanation
of the nature of the relief sought and why compliance
with the terms of this ordinance would create prac-
tical difficulties and unnecessary hardships to the
applicant for relief. The Director shall submit
said appeal to the Administration and Public Works
Committee of the City Council, together with his
recommendations regarding the disposition of said
appeal. Upon receipt of such appeal and recommenda-
tions, the Administration and Public Works Committee
shall set a time and place for public hearing on said
appeal. Notice by registered mail of the time and
place of the public hearing shall be given to the
applicant, and publication of notice of said public
hearing, setting forth the nature of the request,
shall be given at least once, not less than 15 days
nor more than 30 days prior to the date set for the
public hearing, by publishing a notice in a newspaper
of general circulation in the City of Evanston.
At said hearing the applicant shall be given an
opportunity to adduce evidence in support of his
application for relief. All testimony shall be
taken under oath and all persons desiring an op-
portunity to be heard on said application, shall
be given an opportunity to be heard. If the
Administration and Public Works Committee shall
determine that the application for relief from the
provisions of this ordinance should be granted, it
shall make specific findings showing wherein the
applicant would suffer practical difficulty or
particular hardship in complying with the provi-
sions of this ordinance and make a report and
recommendation to the City Council for its approval.
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"Sec. 25-45. Penalty for Violation.
Any person who shall violate any provisions of this
ordinance or any of the minimum standards, rules and
regulations adopted by this ordinance shall be guilty
of a misdemeanor, punishable by a fine of not less
than twenty-five dollars ($25.00), nor more than
five hundred dollars ($500.00). Each day a viola-
tion continues shall be deemed a separate offense.
In ad3ition thereto, such persons may be enjoined
from continuing such violations.
"Sec. 25-46. Severability.
1. The intention of the City Council is hereby
expressed that the provisions of this ordinance
are severable and that the invalidity of any
section hereof or of any portion of any section
hereof shall not affect any other section or
portion of section in this ordinance.
2. All ordinances or parts of ordinances, in
conflict herewith, are hereby repealed."
SECTION 2: Ordinance 36-0-66 is hereby expressly
repealed.
SECTION 3: This ordinance shall be in full force
and effect from and after its passage,
approval and publication in the manner provided by law.
Introduced January 11 , 1971
Adopted February 22, 1971
Attest:
/s/ Maurice F. Brown
City Clerk
Approved February 22 , 1971
/s/ Edgar Vanneman, Jr.
Mayor
Approved as to form: /s/ Jack M. Siegel
Corporation Counsel
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Published: March 11, 1971
Code Page: 296L
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