§ 115.005 DUTIES OF OPERATOR.
   (A)   In addition to being in compliance with any currently applicable laws and regulations of the federal, state, or local governments required by § 115.004, it shall be the duty of the operator of a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility licensed under this subchapter to:
      (1)   Maintain the health and safety standards set out herein or in any currently applicable laws or regulations of the federal, state, or local governments as may be amended from time to time;
      (2)   Have a criminal record check performed on all employees having direct contact with a child at the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility prior to such employee’s performing duties for the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, and annually thereafter;
      (3)   Have a criminal record check performed on all volunteers having direct contact with a child at the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility within one week of the volunteer first volunteering for the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, and annually thereafter;
      (4)   Require all employees and volunteers, that have regular and ongoing direct contact with residents, to provide the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, with a tuberculosis medical clearance card issued by a licensed medical professional within seven days of the employee’s or volunteer’s first working day at a shelter, and a one step TST annually thereafter;
      (5)   Require all new residents at a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility, within seven days of admission, and annually thereafter, to provide the shelter with a tuberculosis medical clearance card issued by a licensed medical professional;
      (6)   Maintain a confidential central file of the tuberculosis medical clearance cards for all employees, volunteers, and residents as required by subsections (4) and (5);
      (7)   Provide and have available for review by any employee, volunteer, or resident, educational materials about tuberculosis;
      (8)   The rate of ventilation at a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility should be at or above 25 cubic feet of outside air per minute per person to assist in the prevention of transmission of tuberculosis;
      (9)   Refer any employee, volunteer, or resident suspected of having a communicable disease to the appropriate medical authority for testing;
      (10)   Provide and have available for review, by any employee, volunteer, or resident, educational materials regarding communicable diseases and precautions to be taken to protect the employee, volunteer, and residents;
      (11)   Maintain a written and posted first aid and cardiopulmonary resuscitation (“CPR”) policy, including having:
         (a)   At least one person trained and currently certified in first aid and CPR on duty on each shift; and
         (b)   All certifications of employees or volunteers for first aid and CPR shall be kept on file for inspection by the Department of Public Health and Wellness; and
         (c)   Adequate and available medical supplies for first aid and CPR.
      (12)   Provide written policies and procedures on the handling of prescription or over- the-counter drugs, including controls and/or limitations on access to prescription and over-the-counter drugs kept in the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility;
      (13)   Maintain sanitary conditions in the Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility;
      (14)   Maintain all mattresses and box springs with a water resistant encasing protective cover that will resist tearing and can be wiped thoroughly with a disinfectant cleaner before use by any other residents;
      (15)   Post a clearly marked evacuation plan that is approved by the appropriate Fire Department or Fire District official in areas available to both Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility staff and residents, and keep a copy of the plan on file;
      (16)   Provide services to all individuals within Jefferson County free from discrimination because of race, color, religion, national origin, familial status, age, disability, sex, gender identity, or sexual orientation;
      (17)   Allow residents access to restrooms during Homeless Shelter hours of operation; and
      (18)   If required, have and maintain a Kentucky food establishment permit and have received a passing score on their most recent inspection.
      (19)   The new owner of a Homeless Shelter, Rehabilitation Home, or Transitional Housing Facility must file the registration statement within ten days of a change of ownership and/or acquiring title to the shelter.
      (20)   Subsections (4) through (15) of this section shall not apply to Boarding Houses.
(Lou. Metro Ord. No. 222-2010, approved 11-8-2010; Lou. Metro Am. Ord. No. 52-2015, approved 4-24-2015; Lou. Metro Am. Ord. No. 170-2021, approved 11-22-2021) Penalty, see § 115.999