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HomeMy WebLinkAboutORDINANCES-1966-036-O-664 3�1 Amended 4/4/66 36 -0-66 AN ORDINANCE Licensing and Regulating Nursing Homes, Sheltered Care Homes and Homes for the Aged. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTO N, COOK COUNTY, ILLINOIS: SECTION 1: That there be added to Chapter 25 "Licenses and Occupation Tax" of the Code of the City of Evanston, 19579 Sections 25-24 to 25-34, 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: "Section 25-24 . Definitions. For the purpose of this ordinance, the following words shall have the meaning given to them by this sections 'Nursing Home' shall mean a private home, institution., building, residence, or other place, whether operated for profit or not, which provides, through its ownership or management, maintenance, personal care, or nursing for three or more residents, not related to the appli- cant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of illness or physical in- firmity require personal care or nursing. 'Sheltered Care Home' shall mean a private boarding home, institution, building, residence, or other place whether operated for profit or not which, through its ownership or management, provides sheltered care to three or more residents who are not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons by reason of physical infirmity require personal care. 33 • 'Home for the Aged' shall mean any home operated not for profit under the auspices of a religious, fraternal, charitable or other non-profit organization, or operated not for profit under an endowment, which through its ownership or management, and as its principal objective, provides maintenance, personal care, nursing, or sheltered care to aged residents, and in the conduct of which pro- vides such service or services to three or more persons over 60 years of age. 'Maintenance' shall mean food, shelter and laundry. 'Personal Care' shall mean assistance with meals, dressing, movement, bathing or other personal needs, or general supervision and oversight of the physical and mental well-being of an individual, exclusive of nursing, who, because of age, physical or mental disability, emotional or behavior disorder, or mental retardation, is incapable of maintaining a private, independent residence, or who is incapable of managing his person whether or not a conservator has been ap- pointed for such individual. • 'Nursing' shall mean professional nursing or practical nursing, as these terms are defined in Section 4 of 'The Illinois Nursing Act', approved June 14, 1951, as heretofore or hereafter amended (Chapter 91, Section 35.32 - 35.56) for sick or infirm persons who are under the care and supervision of licensed medical practi- tioners. • 'Sheltered Care' shall mean maintenance and personal care. 'Applicant' shall mean any person making application for a license. 'Owner', in the case of a licensee who is an individual means the licensee, and in the case of a firm, partner- ship or association, licensee means each member thereof. 'Person' shall mean any individual, partnership, associa- tion, firm, corporation, municipality, political subdivi- sion, trust or estate, or any other entity whatsoever. 'Department' shall mean the Evanston -North Shore Health Department. 'Director' shall mean the Public Health Director of the Evanston -North Shore Health Department, or his authorized representative. Ira 3 5,3 • 'Fire Marshal' shall mean the Fire Marshal of the City of Evanston, or his authorized representative. 'Resident' shall include any person admitted to a home for the purpose of receiving any of the services pro- vided by the home." "Section 25-2-§. Adoption of Rules and Regulations. The licensing and regulations of homes for the main- tenance, care, or nursing of persons who are ill, aged, or physically infirm, shall be in accordance with the Act approved July 17, 1945, as heretofore or hereafter amended. Pursuant to authority granted by the General Assembly to Cities, Villages, Illinois Revised Statutes, 1965, Chapter 24, Paragraphs 1241 to 1247, inclusive, the City of Evanston adopts by reference the Minimum Standards, Rules and Regulations governing the opera- tion of nursing homes promulgated under date of March 1, 1965, by the Director of Public Health, of the Depart- ment of Public Health of the State of Illinois, and in effect on and after April 1, 1965, the Minimum Standards, Rules and Regulations for the licensing of sheltered care homes promulgated under date of December 3, 1957, • and in force and effect on and after January 1, 1958; and the Minimum Standards, Rules and Regulations for the licensing of homes for the aged promulgated under date of July 15, 1958, and in force and effect on and after July 15, 1958. A violation of any said Rules and Regulations as adopted by this ordinance, shall be con- sidered a violation of the provisions of this ordinance; 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. filing for Public Inspection. Three copies of each of said Minimum Standards, Rules and Regu- lations adopted by reference, shall be filed in the office of the City Clerk and there kept available for public use, inspection and examina- tion for a period of at least 15 days prior to 0 -3- 354 • the adoption of this ordinance. At least one copy of each of the Minimum Standards, Rules and Regulations of the Department of Public Health of the State of Illinois, shall be kept on file in the office of the Director for public insepction." 3 "Section 25-. 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 defined in this ordinance, in the City of Evanston, without first having obtained a license from the City of Evanston. Said license shall be issued for a period of not more than one year. Each such license shall expire on December 31, in the year in which issued and a renewal license shall be obtained annually. 2. The annual license fee shall be one hundred ($100.00) dollars 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, partnership, corporation, or associa- tion, and shall be for a specific location." 35� "Section 25-'5-!:7:. Application for License. 1. Any person acting individually or jointly with other persons who propose to build, oven, 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. On new homes said applicant shall also submit pre- liminary 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 Building Department and the Planning and Conservation Department, 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 Zoning Orda.nance of the City of Evanston, and that said 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. 40 -4- 3 5-5 • 3. Upon the acceptance of the Pre -Application Form and approval of plans for the home, the applicant will be notified when to submit application and a license fee as provided in Section 25-26, paragraph 2.11 "Section 25 4. 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 Building Department, the Fire Department and the Health Depart- ment, and certificates of approval delivered by the Director of Building and 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 Building shall determine that the building or structure occupied by the nursing home, sheltered care home, or home for the aged, complies with the requirements of the Building Code and 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 con- formity 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 and local requla- tions governing thereto." d "Section 25-20. Renewal of License. No application for the annual renewal of a license will be granted unless authorized by the Department. Any license fee shall be submitted with the application on forms furnished by the Department. An annual report for the preceding twelve month period shall be submitted upon request. When a licensed nursing hime, 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." -5- 33356 • "Section 25-/. 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 viola- tion of any of the provisions of this ordinance 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, as shown by a certified copy of the record of the court of conviction, 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 super- visor of the home is not reputable; (c) personnel insufficient in number or unqualified by training or experience properly 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: (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." • ;�U "Section 25-31. Notice and Hearing. The Department may, upon its own motion, and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for the denial of an application for a license, or refusal to ren-ew a license, or 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 ad- dress 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 duces tecum, the attendance a.nd testimony of witnesses and the production of books and papers, and administer oaths to witnesses. The hearing shall be conducted at such place as desig- nated 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 and that Department shall not issue a license in the case of denial, and shall cancel its license in the case of refusal to renew and in the case of revocation.f, P "Section 25-3:9,. Additional Regulations. In addition to the rules herein above adopted by reference, the following rules are adopted with respect to nursing service and services in the homes 0 -7- 'A 3 7 F 358 • • 0 1. That in homes of 14 occupied beds or less, there shall be an Illinois Licensed Profes- sional nurse or an Illinois Licensed practical nurse on active duty in the home a minimum of 40 hours a week during the daytime shift (between.. 7 00 a.m. and 7!00 p.m.). This nurse shall be in charge of nursing services. Addi- tional personnel, as needed, to adequately serve patients' needs, shall be awake, dressed, and on duty at all times. 2. In homes of 15-49 occupied beds, there shall be an Illinois Licensed professional nurse or Illinois Licensed practical nurse on the day shift and the evening sl-�if t. The night shift shall be covered by personnel who have education and/or experience to give nursing care, and are awake, dressed, and on duty at all times. There shall be coverage on days off with an Illinois licensed professional nurse or an Illinois licensed practical nurse. 3. In homes with 50 or more occupied beds, the Director of Nursing services shall be an Illinois licensed professional nurse and, in addition, there shall be. an Illinois licensed professional nurse, or an Illinois licensed practical nurse in charge on each eight hour shift. There shall be coverage on days off with an Illinois licensed professional nurse or an Illinois licensed practical nurse." "Section 25-5k. 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." 1-14 "Section 25- 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 ($25.00) dollars, nor more than five ME r 359 0 hundred ($500.00) dollars. Each day a,violation continues shall be deemed a separate offense. In addition thereto, such persons may be enjoined from continuing such violations.,' SECTION 2a Ordinance 41-0-58 and Ordinance 30-0-60 are 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 March 21 , 1966 • ADOPTED April 4 , 1966 ATTEST /s/;Maurice F. Brown City Clerk Approved as to form; /s/ Jack M. Siegel Corporation Counsel • ADOPTED April 4 , 1966 RE /s/ John D. Emery Mayor