This chapter is designed to provide the guidelines and framework within which habilitative care facilities and correctional community residential centers shall be allowed to operate in the municipality, as set out in this chapter. The included standards are intended to permit habilitative care facilities and correctional community residential centers to locate and operate with as much autonomy as is reasonably allowable, while still maintaining the appropriate control and authority. This will ensure that the residents of such houses are receiving the care and services that such facilities are designed to provide. These standards will also ensure that the facility is operated in such a manner that it will not infringe upon the rights of neighboring property owners.
(GAAB 16.80.010; AO No. 2011-1(S-1), § 2, 2-15-2011)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Commission"
means the municipal health and human services commission.
"Correctional community residential center" and "CCRC"
mean a community residential facility, other than a correctional institution, for the short-term or temporary detention of prisoners in transition from a correctional institution, performing restitution, or undergoing rehabilitation and/or recovery from a legal infirmity except prisoners who pose a threat or danger to the public for violent or sexual misconduct without imprisonment or physical confinement under guard or 24-hour physical supervision. The determination of whether a prisoner poses a threat or danger to the public for violent or sexual misconduct without imprisonment or physical confinement under guard or 24-hour physical supervision shall be made by the commissioner of corrections for state prisoners and the United States attorney general or the director, bureau of prisons for federal prisoners. Correctional community residential centers are subject to the provisions of chapter 16.80, the standards in section 21.50.035, and any conditions of land use under the conditional use permit.
"Director"
means the director of the Anchorage Health Department, or his or her representative.
"Habilitative care facility"
means a residential facility located in a structure or residence or any living unit thereof designed, used or intended for use as a human habitation, the principal use or goal of which is to serve as a place for persons seeking rehabilitation or recovery from any physical, mental or emotional infirmity, or any combination thereof, in a family setting as part of a group rehabilitation and/or recovery program utilizing counseling, self-help or other treatment or assistance. Programs serving only children age 16 or less fall under the chapter 16.55.
"House rules"
means rules established by the staff or residents of a habilitative care facility or correctional community residential center which govern the conduct of residents while living in the house.
"Living space"
means all areas that are intended for use by some or all residents of the facility such as bedrooms, kitchens, bathrooms, living rooms, dining rooms, recreational rooms, laundry rooms, general circulation space, and common use areas, but excludes closets, utility rooms, garages, and other areas not ordinarily used for living areas by residents.
"Person"
means an individual or legal entity having existence by law.
"Potentially hazardous food"
means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
"Resident"
means any individual, including staff, using the habilitative care facility or correctional community residential center as a 24-hour dwelling. Each full-time (24-hour) staff position shall be considered as a 24-hour use of the habilitative care facility or correctional community residential center even though several staff members may serve portions of that time span. Staff are not to be included in the population count when considering the number of bathtubs or showers in section 16.80.110 or in the requirement for written health plans, physical exams and TB screening in section 16.80.100.
(GAAB 16.80.020; AO No. 85-8; AO No. 95-68(S-1), § 1, 8-8-1995; AO No. 2011-1(S-1), § 3, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
The Anchorage Health Department, through its director, shall:
A. 
Receive and review all applications for habilitative care facilities and correctional community residential centers to ensure their compliance with the standards and criteria described in subsection A of this section.
B. 
Make findings of fact pertaining to each application received.
C. 
Issue one-year permits to applicants who meet standards and criteria to allow the operation of habilitative care facilities and correctional community residential centers as approved.
D. 
Review, on at least a yearly basis, each habilitative care facility or correctional community residential center to ascertain its continued compliance with standards and criteria and, where compliance is found and a permit is due to expire, issue a new permit.
E. 
Investigate any alleged violations of the standards and criteria.
F. 
Have the authority, upon finding that any habilitative care facility or correctional community residential center will not or cannot comply with the standards and criteria, to revoke, suspend or deny the renewal of a permit allowing operation of a habilitative care facility or correctional community residential center.
(GAAB 16.80.030; AO No. 85-8; AO No. 2011-1(S-1), § 4, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
It is unlawful for any person to construct, expand, operate or continue to operate any habilitative care facility or correctional community residential center within the municipality without first acquiring a permit from the director. Each permit shall expire one year from its date of issuance.
(GAAB 16.80.040; AO No. 2011-1(S-1), § 5, 2-15-2011)
A written application for approval of a habilitative care facility or correctional community residential center shall be submitted to the Anchorage Health Department and shall be accompanied by, but is not necessarily limited to, the following information:
A. 
Identification of the responsible authority operating the habilitative care facility or correctional community residential center, including board members and legal addresses.
B. 
The location of the habilitative care facility or correctional community residential center.
C. 
Copies of any articles of incorporation and bylaws pertinent to the habilitative care facility or correctional community residential center.
D. 
A statement of the goals and objectives of the habilitative care facility or correctional community residential center.
E. 
A detailed site plan, drawn to scale, showing the exact location of all buildings and structures on the site, access points, parking areas and the total number of parking spaces provided, with written certification from the community planning department that the site plan meets all planning and zoning requirements.
F. 
A floor plan, drawn to scale, of the building to be used by the habilitative care facility or correctional community residential center and the dimensions of each room or area of the building.
G. 
Information showing the type and location of sewage disposal and water facilities to be used by the habilitative care facility or correctional community residential center with written certification from the department of health and human services that these facilities comply with all applicable municipal and state regulations and ordinances.
H. 
A plan for food service within the facility, including food purchasing, storing and preparation, along with kitchen and utensil sanitation, in compliance with the standards prescribed in section 16.80.090, and with written certification from the department of health and human services that this plan meets the standards.
I. 
Demonstration of compliance with the fire and building codes of the municipality, with certification of such compliance by the appropriate fire and building departments.
J. 
House rules developed by the habilitative care facility or correctional community residential center.
K. 
A description of the qualifications and number of staff who will operate and maintain the habilitative care facility or correctional community residential center, in compliance with the standards prescribed in section 16.80.070.
L. 
Definition of the population to be served by the habilitative care facility or correctional community residential center and admission and dismissal requirements.
M. 
The number of residents to be housed in the facility, including staff and clients, in compliance with the standards prescribed in section 16.80.080.
N. 
A description of the registration system for identification of all residents of the habilitative care facility or correctional community residential center, in compliance with the standards prescribed in section 16.80.100.
O. 
Provisions for communicable disease control, in compliance with the standards prescribed in section 16.80.100.
P. 
Such other information as may be deemed appropriate and necessary by the director.
(GAAB 16.80.050; AO No. 82-49; AO No. 85-8; AO No. 2011-1(S-1), § 6, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
The standards set forth in sections 16.80.070 through 16.80.130 shall govern the establishment, operation, supervision and maintenance of habilitative care facility or correctional community residential center and must be complied with by all such houses prior to their initial approval or recertification by the director. If it is determined at any time that an approved habilitative care facility or correctional community residential center has failed to operate within these standards, such determination shall be grounds for suspension or revocation of its permit pursuant to the provisions of section 16.80.180.
(GAAB 16.80.060; AO No. 2011-1(S-1), § 7, 2-15-2011)
Twenty-four-hour on-site staff supervision shall be provided by the person responsible for the operation of a habilitative care facility or correctional community residential center, or such person's agents, provided that, for good cause shown, the director shall authorize the provision of such supervision by the client-residents themselves when such authorization would, in the director's sound discretion, be in the interest of the residents and conducive to compliance by the house involved with this chapter and other applicable provisions of law. If such client supervision is authorized, one or more supervising residents shall be certified to the director as being responsible for the operation and supervision of the facility.
(GAAB 16.80.070; AO No. 2011-1(S-1), § 8, 2-15-2011)
A. 
The facilities and grounds of a habilitative care facility or correctional community residential center shall be maintained in an orderly, clean and safe manner.
B. 
All facilities shall conform to Title 23 of this Code.
C. 
Minimum space ratios shall be maintained at 150 square feet of living space per resident if there is no common dining area, and 100 square feet of living space per resident where there is a common dining area. Each bedroom shall maintain minimum space ratios per occupant of 50 square feet for each single level bed occupant, 35 square feet for each bunk bed occupant, with 25 square feet of unencumbered bedroom space per occupant. For good cause shown, the director may authorize space ratios which differ slightly from these requirements but which substantially meet the intent of this subsection to ensure adequate space for each resident.
D. 
As used in section 16.80.080C, "common dining area" means a dining area intended for use by all residents and does not include apartment style kitchens with dining areas intended for use by only a few residents; and "unencumbered bedroom space" is determined by calculating the total square footage of a bedroom, then subtracting fixtures and equipment including beds, plumbing fixtures (if inside the room), desks, lockers, chairs, closets and stools.
(GAAB 16.80.080; AO No. 2011-1(S-1), § 9, 2-15-2011)
A. 
The Anchorage Health Department shall review and certify approval to the director of the food preparation area and food handling procedures of a habilitative care facility or correctional community residential center in accordance with the following requirements:
1. 
All beverage and food items shall be from a source approved by the Anchorage Health Department.
2. 
Facilities shall be provided for the cleaning of all food and beverage utensils and equipment. Where these facilities are not available, single-service equipment utensils, etc., shall be used, and a single sink shall be required.
3. 
Hot and cold running water shall be provided to each sink.
4. 
Food items must be handled, stored and served so they are at all times protected from contamination from insufficient refrigeration or cooking or from dust, flies, rodents and other vermin, unclean utensils and work surfaces, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage, or from any other source.
5. 
All areas and equipment shall be easily cleanable, clean and in good repair.
6. 
All equipment shall be of nontoxic material and shall be easily cleanable and clean.
7. 
Adequate ventilation shall be required over all cooking units.
8. 
All floors, walls and ceilings in food preparation areas, toilet and handwashing rooms shall be smooth, nonabsorbent and easily cleanable, and clean, except that acoustic ceiling tiles may be used.
9. 
All floors, walls and ceilings shall be closed and tight so there are no cracks or open spaces.
10. 
All floor and wall junctures shall be closed. Base coving shall be provided in all food preparation areas, toilet and handwashing rooms.
11. 
At least one easily cleanable, clean, covered waste container shall be provided in the preparation area.
12. 
Cleaning products shall be stored separately from food items or surfaces likely to come into contact with food in its handling, storage or service.
13. 
All medications shall be labeled with the individual's name, and all medications shall be kept separate from food items at all times.
14. 
Separate areas shall be provided for storing clothing and for dressing areas.
B. 
The habilitative care facility or correctional community residential center must demonstrate in the permit application and during inspections by the department that the nutritional needs of residents are being met by:
1. 
Certification from a nutrition consultant; or
2. 
Submission of one week's meal plans for review.
C. 
Menus shall be posted and retained for inspection.
D. 
No more than 13 hours shall elapse between meal offerings, and a minimum of three meals per day shall be offered.
(GAAB 16.80.090; AO No. 85-8; AO No. 2011-1(S-1), § 10, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
An habilitative care facility or correctional community residential center shall develop a written plan to meet the health needs of the residents. This shall include but not be limited to:
A. 
Planning for first aid provisions;
B. 
Medical supervision;
C. 
A required physical examination for all residents, including screening for tuberculosis;
D. 
Maintenance of records which include at least the resident's:
1. 
Name.
2. 
Sex.
3. 
Date of birth.
4. 
Next of kin.
5. 
Health information.
6. 
Dates of admission and discharge.
(GAAB 16.80.100; AO No. 93-1; AO No. 2011-1(S-1), § 11, 2-15-2011)
An habilitative care facility or correctional community residential center shall maintain a ratio of one toilet and one handwash sink per six residents, and one bathtub or shower per six residents.
(GAAB 16.80.110; AO No. 93-1; AO No. 2011-1(S-1), § 12, 2-15-2011)
An habilitative care facility or correctional community residential center shall comply with all municipal and state requirements pertaining to sewer and water facilities.
(GAAB 16.80.120; AO No. 2011-1(S-1), § 13, 2-15-2011)
An habilitative care facility or correctional community residential center and all its residents shall comply with all federal, state and local laws and the common law of the state and shall in no event constitute a public nuisance.
(GAAB 16.80.130; AO No. 2011-1(S-1), § 14, 2-15-2011)
A. 
Upon receipt of a complete application for a new habilitative care facility or correctional community residential center at a given location, the director or designee of the Anchorage Health Department shall review the application for issuance of a permit under this chapter. Where the director determines that the interest of the public would be best served thereby, a conditional approval may be granted, pending compliance with specified legal requirements within a specified reasonable period. Upon the applicant's showing of compliance with such requirements within the time specified, a permit shall be issued. Noncompliance within the time specified may result in permit denial.
B. 
A permit issued by the Anchorage Health Department under this chapter shall not become effective unless and until the effective date of the conditional use issued under applicable Title 21, Land Use Standards.
C. 
Facility permits are subject to the provisions of this chapter, applicable standards in title 21, and any conditions of land use under the conditional use permit.
D. 
In the case of application for recertification of an existing quasi-institutional house, habilitative care facility, or correctional community residential center, the director shall determine if the house, habilitative care facility or correctional community residential center is being operated in conformance with all provisions of this chapter. Upon an affirmative determination, a new permit may be issued. Where the director determines that the interest of the habilitative care facility or correctional community residential center residents and the public would be best served thereby, an interim approval may be granted, pending compliance with specified legal requirements within a specified reasonable period. Upon the applicant's showing of compliance with such requirements within the time specified, a regular permit shall automatically be issued. Noncompliance within the time specified may result in permit denial.
E. 
Any denial of a permit is subject to appeal in an administrative hearing open to the public.
F. 
Hearings before the director under this section may, at the option of the director, be conducted by an administrative hearing officer designated by the director. If the director elects to refer the matter to an administrative hearing officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the director for adoption, modification or rejection and issuance of a final order or decision by the director on the appeal.
(GAAB 16.80.140; AO No. 95-180, § 16, 9-26-1995; AO No. 2011-1(S-1), § 15, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
Except as specifically provided otherwise by Municipal Code, the following publications shall be used to determine the adequacy of the facilities and services: the International Building Code as amended and adopted by the municipality, the International Fire Code, the National Electrical Code, the Uniform Plumbing Code, the municipal provisions on sewage disposal practices and the United States Department of Agriculture Publication G72, "Nutritive Value of Foods." No habilitative care facility or correctional community residential center may represent that it has sponsorship, approval, characteristics, affiliation or accreditation which it does not have.
(GAAB 16.80.150; AO No. 2011-1(S-1), § 16, 2-15-2011)
The permit issued by the director for operation of a habilitative care facility or correctional community residential center shall be prominently displayed in the facility to which it was issued.
(GAAB 16.80.160; AO No. 2011-1(S-1), § 17, 2-15-2011)
No permit for operation of a habilitative care facility or correctional community residential center may be transferred. Every person holding a permit shall give notice in writing to the Anchorage Health Department within 30 days of intent to sell, transfer, relocate or otherwise dispose of an interest in or control of a habilitative care facility or correctional community residential center. Such a sale, transfer, relocation or other disposal of a habilitative care facility or correctional community residential center shall be considered a request for a new permit, and a complete review as prescribed in this chapter shall be necessary.
(GAAB 16.80.170; AO No. 85-8; AO No. 2011-1(S-1), § 18, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
A. 
Inspections. The director or his or her representative shall have the authority, upon showing proper credentials and at reasonable times, to enter upon any and all parts of the premises in a habilitative care facility or correctional community residential center to examine and investigate its sanitary condition and to determine whether any provisions of this chapter are being violated. However, no such inspection shall be made if a supervising staff or client-resident informs the director or his or her representative that an inspection at that particular time could disrupt a habilitative care facility or correctional community residential center program then in progress to the serious detriment of one or more client-residents. More than one such objection to an inspection in any four-month period shall be justified in writing to the director. Refusal to allow inspections on three consecutive occasions may be grounds for permit suspension.
B. 
Contents of notice of violation. If it is determined at any time that the requirements of this chapter have been violated, the Anchorage Health Department shall notify the permit holder or operator of the violations by means of an inspection report form or other written notice. This written notice shall set forth the specific violations, establish a reasonable period of time for correction of the violations and state that failure to comply with any notice issued in conformance with the provisions of this chapter will subject the holder to suspension or revocation of his or her permit.
C. 
Service of notice of violation. Notices provided for under this section shall be properly served when delivered personally to the permit holder or to the person in charge, or when sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the Anchorage Health Department.
D. 
Suspension or revocation of permit. The decision to suspend or revoke a permit shall be made following an administrative hearing open to the public, upon at least ten day notice, before the director. Revocation, rather than suspension, may be ordered when the violations found to exist are either numerous, repetitive of previous violations of the same or other provisions of this chapter, or of such a nature as to pose a serious threat to the health or well-being of the habilitative care facility or correctional community residential center residents or other persons or property. The director shall issue findings of fact to support his or her decision pertaining to the suspension or revocation. Hearings under this section may, at the option of the director, be conducted by an administrative hearing officer designated by the director. If the director elects to refer the matter to an administrative hearing officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the director for adoption, modification or rejection and issuance of a final order or decision by the director.
E. 
Immediate suspension of permit. If violations of this chapter or applicable law pose an immediate threat to the health or well-being of persons or property, the director may suspend a permit pending the conduct of an administrative hearing open to the public or suspension or revocation, provided, however, the immediate suspension shall expire if an administrative hearing open to the public is not held thereon within five days of the date of suspension.
F. 
Authority to prescribe additional regulations. The director shall enforce the provisions of this chapter and shall promulgate and enforce rules and regulations upon due notice, as he or she deems necessary, to carry out the intent of this chapter. Such rules and regulations shall, upon approval of the assembly, become a part of and subject to the provisions of this chapter.
(GAAB 16.80.180; AO No. 85-8; AO No. 2011-1(S-1), § 19, 2-15-2011; AO No. 2018-118, § 2, 1-1-2019)
A. 
The department may waive a provision of this chapter if it determines that the health and protection of the public and the satisfaction of the purpose of the provision is reasonably assured and the requirements of applicable state and federal law are satisfied.
B. 
An application for a waiver shall be made in writing to the department and shall include:
1. 
Identification of the Code requirement for which the waiver is requested;
2. 
Reasons why the provision cannot be met or would create an undue hardship; and
3. 
A description of the alternative method proposed for meeting the purpose of the provision for which the waiver is being requested.
(AO No. 2011-1(S-1), § 20, 2-15-2011)