1155.03 ADULT DAY CARE CENTERS.
(a) Definitions.
(1) "Adult Day Care Center" means a building or portion of a building in which an Adult Day Care Program is conducted for any part of a day and the program that is conducted in that building or portion of a building.
(2) "Adult Day Care Program" means a program designed to provide personal care and/or Skilled Nursing Care services to two or more adults for a fee by persons other than their guardians, custodians or relatives by blood or marriage, for any part of but less than twenty-four (24) hours a day in a place other than the adult's own home.
(3) "Personal Care Services" means services, other than Skilled Nursing Care, to assist in the daily care of the participant, including but not limited to a variety of health, social and related support services.
(4) "Skilled Nursing Care" means procedures that require technical skills and knowledge beyond those the untrained person possesses, and that are commonly employed in providing for the physical, mental and emotional needs of the elderly, ill, functionally impaired, or otherwise incapacitated adult.
(b) Permitted Uses; Compliance with Code and Building Code. An Adult Day Care Center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code. However where a nursing home is already on site, any related Adult Day Care Center shall be considered a compatible and accessory use without reference to the standards herein.
(c) Submission of Applications; Transfer of Ownership.
(1) Application for approval to locate an Adult Day Care Center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent.
(2) Approval for an Occupancy Permit shall be issued to the person who is the owner/operator of the Adult Day Care Center and is not transferable without the approval of the City.
(3) If an Adult Day Care Center is sold or transferred, the new owner/operator must apply for new approval. The new owner/operator may operate the Adult Day Care Center for up to ninety (90) days while the new permit application is pending. A new owner/operator will be approved only if such person meets all requirements of this Code and these Codified Ordinances.
(d) Compliance with Laws.
(1) The Adult Day Care Center shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any applicable regulatory agencies of both the State and Federal Governments.
(2) The owner/operator of the Adult Day Care Center shall file with the Commission copies of documents showing any notice of inspection, findings of violations or plans for correction sent by any governmental agency and responded to by the Adult Day Care Center, which shall be made available to any City inspector upon request.
(3) The Adult Day Care Center shall conform to all State rules, regulations, standards and laws governing or applying to such institutions, which are incorporated by reference herein.
(e) Building and Facility Requirements.
(1) The use shall be located in a one-story building or on the first floor of a multi-story building, and in either instance shall contain at least two (2) exits from the Adult Day Care Center directly to the outside of such building. There shall be no ingress or egress to or from the lobby area of the building.
(2) The building must contain a fire sprinkler system installed in accordance with 4101:2-9 OBBC, approved by the Fire and Rescue and Building Departments.
(3) Male and female rest rooms shall be provided within and for the exclusive use of the Adult Day Care Center, with sufficient facilities as determined by the Commission. Each rest room will meet handicap requirements as defined in the OBBC.
Toilet rooms shall conform to the following:
A. Separate toilet facilities are required for each sex.
B. One (1) water closet for every eight persons with a minimum of two (2) water closets in every toilet room.
C. A minimum of one (1) urinal shall be provided for each male toilet room; thereafter, urinals may be substituted for one-half (.5) of the required number of water closets.
D. One (1) lavatory shall be provided for each two (2) sanitary fixtures (water closet or urinal), but a minimum of one (1) lavatory shall be provided in each toilet room.
E. Twenty-four inches (24") of wash sink or eighteen inches (18") of circular basin shall be considered as one (1) lavatory.
(4) One drinking fountain shall be provided for each fifty (50) persons or less.
(5) The facility shall be accessible to people with disabilities and shall meet all applicable State and Federal guidelines regarding same.
(6) Sound transmission shall be controlled and appropriate sound-proof walls shall be inserted between the facility and facilities containing other tenants in the building. Walls, partitions and floor/ceiling assemblies separating the Adult Day Care Center from other tenants in the building or from public or service areas shall have a sound transmission class (STC) of not less than forty-five (45) for air-borne noise when tested in accordance with ASTM E90 listed in Chapter 35.
(7) A covering to protect participants from inclement weather shall be provided over one (1) outside entrance.
(8) Sufficient kitchen and dining areas shall be provided for the facility's specified requirements and programs.
(9) There shall be a fire alarm protective signaling system and automatic fire detection system serving the Adult Day Care Center, to be approved by the City's Building and Fire and Rescue Departments. In addition there shall be an approved security alarm internally on all exit doors to notify staff of someone leaving the facility.
(10) There shall be slip resistant surfaces on all stairs and ramps.
(f) Site Development Plans. The Site Development Plan shall show:
(1) Drop-off and pick-up areas for the participants, with sufficient space provided for standing, loading and unloading automobiles and accommodations for wheelchairs.
(2) Off-street parking, which shall consist of one (1) parking space for every two hundred (200) square feet of space in the Adult Day Care Center, but in any event there shall be a minimum of ten (10) parking spaces.
(g) Prohibited Employees. No person shall be employed in an Adult Day Care Center who would be prohibited from employment in a day care center or home as provided for in the requirements of Ohio R.C. 5104.09 which applies to child day care centers.
(h) Operation.
(1) An Adult Day Care Center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the participants.
(2) Any outdoor area specifically affiliated with or utilized by the Adult Day Care Center must be protected from vehicles (other than routine drop-off and pickup), noise, smoke, vibration, odor, toxic or noxious fumes or other hazards which threaten the health, safety and general welfare of the participants. The Commission may request assistance in this regard from the City Doctor or others.
(3) Any incident or circumstance which threatens the health, safety or general welfare of the participants shall be immediately reported to the Safety Director of the City.
(4) At least one (1) registered or licensed nurse shall be on staff and present in the center at all times.
(5) There shall be a minimum of direct care staff to participant ratio of one (1) to eight (8) or better, depending upon the degree of impairment of the participants.
(6) Every Adult Day Care Center shall require criminal records checks of its applicants for employment to be conducted through the Beachwood Police Department, in the same manner provided for child day care centers under the Ohio Revised Code Section 5104.012. The cost of such checks shall be reimbursed to the City by the adult day care center. The results shall be governed by subsection (h) hereof.
(7) No Adult Day Care Center shall permit any person to smoke in any indoor space that is part of the center; provided, however that smoking by visitors, employees and participants may be permitted in a designated, enclosed area which is separately ventilated to the outside. This prohibition shall be posted in a conspicuous place at the main entrance of the center.
(Ord. 2018-94. Passed 10-21-19.)