Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 24 - Housing and Urban Development |
Subtitle B - Regulations Relating to Housing and Urban Development |
Chapter II - Office of Assistant Secretary for Housing - Federal Housing Commissioner, Department of Housing and Urban Development |
SubChapter B - Mortgage and Loan Insurance Programs Under National Housing Act and Other Authorities |
Part 232 - Mortgage Insurance for Nursing Homes, Intermediate Care Facilities, Board and Care Homes, and Assisted Living Facilities |
Subpart A - Eligibility Requirements |
§ 232.7 - Bathroom.
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§ 232.7 Bathroom.
Notmust be(a) General requirement. For a board and care home or assisted living facility to be eligible for insurance under this part:
(1) The board and care home or assisted living facility must have no less than one full bathroom
of aprovided for every four residents
; and
(2) Bathroom access from any bedroom or sleeping area must not pass through a public corridor or area.
any(b) Exemption for existing projects providing memory care. The following applies to a board and care home or assisted living facility that provides housing for residents in need of memory care, i.e., care for residents who have cognitive impairments, such as Alzheimer's disease or other dementias:
(1) Subject to paragraph (b)(2) of this section, a project seeking insurance under subpart E, pursuant to section 223(f) or 223(a)(7) of the National Housing Act, may be eligible for insurance without meeting the general requirement in paragraph (a) of this section, if the project meets the following four requirements:
(i) Memory care residents are in a separate, secured, and locked area of the board and care home or assisted living facility;
(ii) Any bathroom access from
must not passa memory care resident's bedroom or sleeping area
. [61 FR 14406, Apr. 1, 1996. Redesignated at 77 FR 55136, Sept. 7, 2012that passes through a public corridor or area
is in a separate, secured, and locked area of the board and care home or assisted living facility prescribed in (b)(1)(i) of this section;
(iii) Memory care residents receive full assistance or supervision while bathing; and
(iv) Memory care residents reside in wards that contain no more than two beds per unit and have a half-bath in each unit.
(2) If a facility serving memory care residents also serves residents who are not in a separate, secured, and locked area of the board and care home or assisted living facility, this exemption applies only to the separate, secured, and locked area in which solely memory care residents reside.
[85 FR 38324, June 26, 2020]