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HomeMy WebLinkAbout41-O-58642 ' 41� 0 58� 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 EVANSTON, CUOK COUNTY, ILLINOIS: SXft4 1: Definitions. For the purposes of this ordinance the following words C shall have the meaning given to them by this section: NURSING HOME shall mean a private home, institution, building, residence, or other place, whether operated for profit or not, which provides, through tts ownership or management, maintenance, - personal care, or -nursing for three or more persons, not related to the applicant or owner by.blood or marriage, who by reason of illness onphysical infirmity, are receiving such care. 'SHELTERED CARE HOME shall mean a private boarding home, insti- tution, building, residence, or other place operated for profit "which, through its ownership or management, provides sheltered care to three or more adults who_are not related to the appl:1'ant or owner by blood or marriage. .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 for aged persons, and in the conduct of which provides such service or services to not less than three persons over 60 years of age who are not related to the applicant or owner by blood or marriage. MAIN' ENANCE shall mean food, shelter and laundry. PERSONAL CARE shall mean assistance with meals, dressing, transportation and movement, and such other general oversight of the physical well-being of the residents of the home, exclusive of nursing, as may be required by their condition. NL SINZ shall mean professional nursing or practical nursing, as these terms are defined in Section 4 of "The Illinois Nursing Act," approved June 14, 19519 as the same is now or may hereafter -- be amended, for sick or infirm persons who are under the care.and supervision of licensed medical practitioners. 4 9FTJERED CAKE shall mean maintenance and personal care. APPI.`CANT shall mean any person making application for a license. 014E_P�, , in the case of a licensee who is an individual, means the licensee, and in the case of a firm, partnership or association licensee means each member thereof. The terms "nursing home," "sheltered care home", and "home for the'aged" shall not include the following: (a) a home, institution, or other place operated by the federal government or agency thereof, or by the State of Illinois. (b) a hospital, sanitarium or other institution whose principal activity or business is the care and treatment of persons suffering from mental or nervous disease, which is required to be licensed • -2- r under the"Mental Health Code", I11. Rev. Statutes, approved July 169 1951, as amended, or a hospital, home, sanitarium, or other institution duly licensed by or approved by the Department of Public nelfare under sections 26 and 28 of "An Act to revise the laws relating to charities," 111. Rev. Statutes, approved June 11, 1912, as amended; (c) a hospital, sanitarium, or other institution whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facil- ities therefor, which is required to be licensed under the "Hospital Licensing Act", Ill. Rev. Statutes, approved July 1, as amended; • (d) any child welfare agency, or child welfare institutiony required to be licensed by the State of Illinois under other State Acts. PERSON shall mean any individual, partnership, association,' firm, corporation, municipality, political subdivision, trust or estate, or any other entity whatsoever. DEPARTMENT shall mean the Department of Health of the City of Evanston. FIRE MARSHAL shall mean the Fire Marshal of the City of Evanston, or his authorized representative. RESIDENT shall include operators, employees, and all persons residing therein. -3- 4 S(iiN 2: License Required. �-- v (a) It shall be unlawful for any person, co -partnership, corporation, or association 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, 1 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 th4 year in which issued and a new license shall be obtained annually. (b) The annual license fee shall be one hundred ($100.00) dollar for-e-a_ch,,nur==sing home or sheltered care home, as defined —.in--thi-s--ordi:nanc-e =--Homes- for the aged --as -defined in --this. ord-�--- nance, operating on a non-profit basis shall not be required to pay a license fee, but a license shall be applied for in accordance with the provisions of this ordinance, and issued by the City Collector without charge; provided, however, that non-profit homes for the aged, as defined in this ordinance, shall be operated in accordance with the provisions of this ordinance. (c) Any license issued under the terms of this ordinance, shall be non -transferable. It shall be issued only to a specific indiv- idual, partnership, corporation, or association, and shall be for a specific location. S V' �N 3: Application for License. L Z5" �f Application for a license to operate or maintain a nursing home, -4 - i sheltered care home, or home for the aged, shall be in writing and submitted on forms provided by the Department, and shall be accompanied by license fee as provided in Section 2 (b) hereof. The applicant shall also submit - (a.) a statement of the number, experience, and training of ,r the supervisors and employees of the nursing home, sheltered care home, or home for the aged. (b) a statement as to the number of persons for whom care is to be provided; (c) a certificate from the Director of Building as Zoning Enforcement Officer that the building or structure to be used as'nursing home, sheltered care home, or home for the • aged, complies with the requirements of the Building Code • 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. SW.,tZQN 4: Inspection Required. No license license to operate a nursing home, sheltered care home, or home for the aged, shall be issued until inspections shall first have been made by the Director of Building, the Fire Marshal, and the Director of Health, and certificates of approval delivered by the Director of Building and Fire Marshal to the Director of Health. -5- (a) The Director of Health shall determine that the nursing home, sheltered care home -or home for the aged, is kept in a sanitary condition and that all proper provisions, rules, and regulations of the Department and this ordinance are complied with. (b) 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 of the City of Evanston; that plumbing and sanitary facilities comply with the requirements of the Plumbing Code; that all elec- trical 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. (c) The Fire Marshal. shall determine that no fire hazards exist in the building or on the premises and that suitable fire -fighting equipment has been provided. SE'Cf ZdN 5: Operation.�- VTAny person, co -partnership, corporation, or association, conducting maintaining, or operating a nursing home, sheltered care home, or home for the aged, in the City of Evanston, shall comply with all of the Minimum Standards respecting the home, personnel, etc., established by the Illinois Department of Public Health, relating to- -6- 4 be returned to the Department. Licenses issued under the provisions of this ordinance may be revoked by the City Manager for violation of any of the pro- visions of this ordinance. In the event of a revocation, said license shall become null and void. SP�Cl�OIV 7: Adoption of Rules and Regulations. - Pursuant to authority granted by the General Assembly to Cities and Villages, 111. Revised Statutes, 1957, Chap. 24, Par. 1241 to 1247, inclusive, the City of Evanston adopts by reference the Minimum Standards, Rules and Regulations governing the operation of nursing homes and homes for the aged, promulgated under date of October 15, 1956, by the Director -of Public Health, of the Departme<nt of Public Health of the State of Illinois; the Minimum Standards, Aules and Regulations for the licensing of sheltered care homes, promulgated under date of December 3, 1957s by the Director of Public Health, of the Department of Public Health of the State of Illinois; and the Minimum Standards, Rules and Regulations for the licensing of homes for the aged, promulgated under date of July 15, 1958 by the Director of Public Health, of the Department of Public Health of the State of Illinois. A violation of any of said Rules and Regulations as adopted by this ordinance shall be considered a violation of the provisions of this ordinance; provided that - • -8- (a) location and construction of the home, including plumbing, heating, lighting, ventilation, and other housing conditions, which shall ensure the health, safety, and comfort of residents and protection from fire hazards; (b) number and qualifications of all personnel, including management and nursing personnel, having responsibility for any , F part of the care given to residents; (c) sanitary conditions within the home and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents; (d) diet relative to the needs of each resident and based on good nutritional practice and on recommendations which may be made b_y the physician attending the residents; and (e) equipment essential to the health and welfare of the residents. S6: Renewal of License.- No application for the annual renewal of a license will be granted unless authorized by the Department. Any license fee together with an annual report for the preceding twelve month period, 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 certificate as well as the original license shall immediately become void and shall -7- (a) any reference in said Rules and Regulations to "Department" shall read as meaning the "Health Department of the City of Evanston." (b) any reference to said Rules and Regulations to the "Director" shall mean the "Director of Health of the City of Evanston." (c) Filinq 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, inspection 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 Standards, Rules and Regu- lations of the Department of Public Health of the State of Illinois, shall be kept on file in the office of the Director of Health'ofz'`- • the City of Evanston for public inspection. S,-CId 8: Severability. 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 of this ordinance. SE22( I0 9: Effective Date and Repeal. The provisions of this ordinance shall be in force on and after the 1st day of January, 1959. Ordinance 28-0-57 adopted July 1, 1957, Licensing and Regulating Nursing Homes, is hereby expressly repealed. • -9- f This repeal shall not affect• any prosecution, suit or proceeding pending, or any judgment rendered on or prior to the 1st day of January, 1959. 4` S &do)l 10: Penalty for Violation. _CT E" Any person who shall violate any provisions of this ordinance or any of the minimum standards, rules and regulations promulgated by the Director of Public Health, of the Department of Public Health of the State of Illinois, 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 one hundred ($100.00) dollars. Each day that a violation continues shall be deemed a separate offense. -' I SWTA4& 11: This ordinance shall be in full force and effect from and after its passage, approval, and publi- cation, according to law. INTRODUCED„ 90 PASSED APPROVED­/�e, P ,,,J,,-,-c Z ATTEST: Mayor F • 1vixu,n1 e- I -� 'vMw--,n City Clerk Approved as to form: /fix 14. zz ///, - C e-? Corporation`Counsel Published .. aA v% k r .ti -10-: