The term “care home” shall mean any boarding home,
nursing home, convalescent home, rest home, or any institution or
building or group of buildings in which accommodation is maintained,
furnished or offered for any fee, gift, compensation, reward or in
expectation thereof for the care of three or more persons who, by
reason of advanced age or mental or physical infirmities, or addiction
to drugs or alcohol, are not capable of properly caring for themselves,
or who are sixty-five years of age or upwards, but shall not include:
(1)
U.S.
government hospitals or facilities;
(2)
Hospitals
belonging to or maintained by the state; or
(3)
Free
clinics, dispensaries, children’s boarding homes, maternity
homes or other hospitals.
(Ordinance 88, sec. I, adopted 1/13/61)
Any person violating any provisions of this article shall be
deemed guilty of a misdemeanor and fined not in excess of $500.00.
(Ordinance 88, sec. XIV, adopted 1/13/61; Ordinance 246 adopted 1/28/88)
Every care home for which a permit has been issued shall be
periodically inspected by a representative of the city. Inspections
may be made at any time an inspection shall be deemed advisable by
the mayor and city council. The refusal of the operator of the care
home or any employee of the care home to permit such inspection shall
be a violation of this section.
(Ordinance 88, sec. XI, adopted 1/13/61)
In operating or maintaining any care home within the corporate
limits of the city, the person operating or causing to be operated
such care home shall comply with all applicable laws of the state,
ordinances of the city and pertinent regulations promulgated by the
building inspector and fire marshal.
(Ordinance 88, sec. XII, adopted 1/13/61)
Buildings of wood frame construction may be used as care homes
if such buildings are not more than two stories in height and if the
inside walls and ceilings are covered with noncombustible material,
such as plaster or gypsum board.
(Ordinance 88, sec. VIII, adopted 1/13/61)
In all care homes, at least two outside exits shall be required
from each story.
(Ordinance 88, sec. IX, adopted 1/13/61)
Bed-fast or detention patients shall be kept on the ground floor
in all care homes.
(Ordinance 88, sec. X, adopted 1/13/61)
No person shall operate or cause to be operated a care home,
as defined herein, within the corporate limits of the city without
first obtaining and holding a permit for such operation from the mayor
and city council.
(Ordinance 88, sec. II, adopted 1/13/61)
Application for a permit to operate a care home within the city
shall be made in writing to the mayor and city council in triplicate,
and shall set forth the name and address of the applicant and of the
person to be in active charge of the home; the trade name under which
the applicant does or proposes to do business; the address of the
proposed care home; the number of beds to be used; the experience
the applicant has had in operating a care home; the type of patients
to be admitted; the maximum number of patients to be under care at
any one time; the total number of personnel, including a specification
of the number of attendants; and any other information that may be
required by the director of the department of public health and welfare.
Copies of the application shall be forwarded to the building inspector
and city fire marshal, and the report of their recommendation shall
be made to the mayor and city council. The applicant shall also submit
evidence satisfactory to the mayor and council that the applicant
and operator is reputable, responsible and of good moral character,
and, in the event the applicant is an association or corporation,
like evidence shall be submitted as to each member or stockholder
thereof and as to the person in charge of the care home.
(Ordinance 88, sec. III, adopted 1/13/61)
If, after investigation of the application for a permit under
the provisions of the preceding section, the mayor and city council
find that the staff, personnel, premises, equipment and appliances
to be used in connection with the operation of the care home conform
to the sanitary laws of the state, the ordinances of the city and
pertinent regulations promulgated by the building inspector and the
fire department, they shall issue the permit.
(Ordinance 88, sec. IV, adopted 1/13/61)
The permit required by section 4.13.041 of this article shall specify the maximum number of patients to be under care of the care home at any one time. In addition, such permit shall specify the maximum total number of bed-fast patients and detention patients to be under care at such care homes at any one time.
(Ordinance 88, sec. V, adopted 1/13/61)
The permit required by section 4.13.041 of this article shall not be transferable and shall be for the fiscal year unless sooner revoked by the mayor and city council as provided in section 4.13.047 of this article.
(Ordinance 88, sec. VI, adopted 1/13/61)
The fee for the permit required by section 4.13.041 of this article shall be twenty-five dollars. Such fee shall not be prorated.
(Ordinance 88, sec. VII, adopted 1/13/61)
The mayor and city council are hereby authorized to revoke or
suspend the permit issued hereunder on any of the following grounds:
(1)
Violation
of any of the provisions of this article;
(2)
Permitting,
aiding or abetting the commission of an illegal act in such institution;
or
(3)
Conduct,
practices or conditions in such care home detrimental or potentially
detrimental to the welfare of the residents thereof.
(Ordinance 88, sec. XIII, adopted 1/13/61)
