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For information on the interpretation process for Boarding Homes see WAC 388-78A-340. Boarding Home Licensing Regulation interpretations have been requested for the following:

WAC 388-78A-010 - Licensed Rooms
WAC 388-78A-020 - Licensure of Multiple Buildings
WAC 388-78A-150 - Capacity of Sleeping Rooms/Areas
WAC 388-78A-150 - Resident Room Doors
WAC 388-78A-150 (1)(g)(i) - Basis of Calculating Required Window Space in Boarding Homes
WAC 388-78A-170(1) - Food Service Workers Permits for Residents
WAC 388-78A-250 - Resident Rights, Video Surveillance in Boarding Homes
WAC 388-78A-265 - Limited Nursing Services in Boarding Homes 
WAC 388-110-140 - Roll in showers in Assisted Living Facilities
NFPA 13R, Section 2-6 - Exception No. 3 for LC Occupancies

WAC 388-78A-010 Licensed Rooms

Questions arise regarding how to account for which rooms meet boarding home licensing standards and which ones are not included under the license because no domiciliary services are provided in them. Questions also arise regarding how to track the number of approved bed spaces for the individual rooms, the maximum facility capacity, and the licensed resident bed capacity in a boarding home. The terms used in this discussion must first be defined:

"Licensed Room" List means a department-approved list identifying resident rooms, the dimensions and calculated square footage of each room, the number of approved bed spaces (in each room), and other information relative resident bed capacity of a boarding home." [WAC 388-78A-010 (31)]

• This list is intended to identify the rooms that meet licensing requirements, whether or not the rooms are occupied by independent residents or residents receiving domiciliary care.
• Common use or administrative areas, such as dining rooms, laundry rooms, and offices do not need to be included on the licensed room list.
• All rooms appearing on this list must be in a building, or a part of a building, that had its plans reviewed and approved by the Department of Health Construction Review Services.

"Licensed Resident Bed Capacity" means the resident occupancy level requested by the licensee and approved by the department." [WAC 388-78A-010 (30)]. Adult day care individuals do not count against the licensed resident bed capacity.

"Maximum Facility Capacity" means the maximum number of individual that the facility may serve at any one time, as determined by the department. The maximum facility capacity includes all residents and respite care clinics, and adult day care clients.

"Maximum Contracted Assisted Living Capacity" means the maximum number of residents in the facility who may be supported through the Department's Assisted Living Contract per WAC 388-110.

Number of Approved Bed Spaces means the maximum number of individuals who may occupy bed(s) in, or reside in, each resident room. The number of approved bed spaces is determined according to WAC 388-78A-150.

Q1. When is a licensed room list completed?

A1. A licensed room list is completed at the time of:

1. An initial licensing inspection.
2. An inspection to approve an addition or remodel to the boarding home.
3. Any other instances in which a current licensed room list is needed but not present in the licensing record.

Q2. Who is responsible for developing the licensed room list?

A2. AASA boarding home licensing staff must develop the licensed room list.

Q3. What information must be recorded on the licensed room list?

A3. The following information must be completed on the licensed room list:

1. Facility name.
2. Facility address.
3. Facility boarding home license number.
4. Maximum Facility Capacity.
5. Maximum Contracted Assisted Living Capacity (If Applicable)
6. Location (wing, floor, unit, etc.) of each resident room
7. Room identification for each resident room (room number or identifying description).
8. Usable floor space, per WAC 388-78A-010(50), for each resident room. (Licensing staff may "bracket" room measurements into the largest applicable group: >80 sq.ft.; >140 sq.ft.; >210 sq.ft.; >280 sq.ft.; or licensing staff may document the actual calculated square feet.)
9. Number of approved bed spaces for each room.
10. An indication if each room does, or does not, meet the contracted Assisted Living standards identified in WAC 388-110-140.
11. As necessary, remarks which clarify possible questions. For example, a room may only have 210 square feet of usable floor space noted on the list, but when closets and counter space are added in, the room may exceed the necessary 220 square feet and meet the Assisted Living contracts standards. Similarly, a room may have 250 square feet of usable floor space but not meet Assisted Living contract standards because there is no shower in the room.
12. Licensor's signature.
13. Date the list is completed.

Q4. What does the licensor do with the completed licensed room list?

A4. The licensor should:

1. Provide the licensee with a copy of the licensed room list per WAC 388-78A-030(3)(f).
2. File a copy in the licensing record.
3. Route a copy to the Application Intake Unit.

Q5. How is the maximum facility capacity determined?

A5. The maximum facility capacity is determined by calculating the lesser of the following:

1. The sum of the number of approved bed spaces for all resident rooms.
2. Two times the seating capacity of the dining area [WAC 388-78A-170(2)(f)].
3. The day room area in square feet divided by ten square feet for boarding homes licensed on or before December 31, 1988, or the day room area in square feet divided by 20 square feet for boarding homes licensed after December 31, 1988, [WAC 388-78A-180(2)].
4. The number of individuals permitted by calculating the ratios of toilets, sinks, and bathing fixtures to residents as described in WAC 388-78A-160(5).

Q6. How is the maximum contracted assisted living capacity determined?

A6. The maximum contracted assisted living capacity is determined by reviewing the date the facility was built, the number of rooms meeting contracted assisted living requirements, and applicable limitations required by the number of roll-in showers. (Please see Boarding Home Interim Guideline #3.)

Q7. How is the licensed resident bed capacity determined?

A7. The licensee decides on the licensed resident bed capacity, as long as it is equal to or less than the maximum facility capacity. The licensee must determine the number of residents to be served, and submit the appropriate licensing fee for the corresponding amount. A boarding home license is then issued which indicates the licensed resident bed capacity.

Q8. Must boarding home operators specifically identify the rooms in which domiciliary care is provided, when the facility provides a mixture of boarding home care and independent living services?

A8. Yes. The licensee is required by WAC 388-78A-020 (7) and 388-78A-150 (1)(e) to notify AASA of the rooms in which domiciliary services are provided.

Q9. How does a license identify the rooms in which domiciliary care is provided?

A9. The licensee must maintain in the facility, a current roster of all residents receiving domiciliary care and their roommates, and the rooms in which they reside/sleep.

• This roster must be immediately available to AASA licensing staff, the Long-Term Care Ombudsman, and the Deputy State Fire Marshals.
• The total number of residents on this roster should not exceed the licensed resident bed capacity.
• All rooms in which residents receiving domiciliary care reside are considered "licensed" rooms.
• All residents in licensed rooms count toward the licensed resident bed capacity, whether or not the residents are independent or receive domiciliary care.
• AASA licensing staff should select a sample of residents for licensing inspections from this roster, and limit resident room inspections to licensed rooms.
• The Deputy State Fire Marshal conducting inspections in boarding homes may inspect all areas of the building in which licensed rooms may exist.

Q10. How does a licensee change the licensed resident bed capacity?

A10. The licensee must:

•  Complete the "Change in Status" form, indicating the desired licensed bed capacity (total beds to be licensed).
•  Submit appropriate licensing fee for additional licensed beds, if applicable
•  Mail/FAX the above to: 

  Application Intake Unit - AASA
  Division of Residential Care Services
  P.O. Box 45600
  Olympia, WA 98504-5600
  fax 360-438-7903

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WAC 388-78A-020 - Licensure of Multiple Buildings

Q. Under what conditions may multiple buildings be licensed under one boarding home license, and under what conditions must multiple buildings be licensed under multiple licenses?

A. The answer depends on two factors:

1. The property(ies) on which the buildings are located, and
2. How the facility's operations were presented to the Department of Health, Construction Review Services.

Multiple buildings located on the same property or contiguous properties may be licensed individually, or included under one boarding home license. "Contiguous properties" means properties undivided by public streets, or undivided by other land which is not owned and maintained by the owners of the boarding home property. "Public streets" do not include alleyways used primarily for delivery services or parking (the alleyways should not be thoroughfares). The boarding home licensee must identify to Construction Review Services at the time plans are submitted, whether the buildings are to be operated under one boarding home license or under multiple licenses.

Buildings that are reviewed separately for individual licenses by Construction Review Services may be licensed separately, or licensed under one boarding home license, at the licensee's discretion. However, buildings which are reviewed by Construction Review Services as an addition or remodel to an existing boarding home may not be licensed separately from the existing boarding home.

Buildings which are not located on the same property or contiguous properties must be separately licensed.

If a licensee currently has two separately licensed boarding homes on the same or contiguous properties and desires to combine the boarding homes under on license, both buildings may be licensed under one license. The licensee should submit a request to increase the licensed bed capacity of the surviving facility, and relinquish/voluntarily terminate the license of the terminated facility.

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WAC 388-78A-150 Capacity of Sleeping Rooms/Areas

Licensing standards in boarding homes call for a minimum of 70 square feet of usable floor space per individual in sleeping rooms or areas occupied by two or more individuals [WAC 388-78A-150(a)(b)]. Therefore, a studio apartment with 150 square feet of usable floor space could be licensed for two residents. However, a 350 square foot, one bedroom apartment with the bedroom measuring 10' x 12' (120 square feet) could only be licensed for one resident, since it does not provide 70 square feet of usable floor space per resident in the sleeping room. Licensers must consider the residents' privacy and space needs for sleeping areas.

Q. How should AASA approach this situation and allow individuals so desiring, to share the living space of apartments with smaller bedrooms without compromising the intent of the licensing regulations? Two additional questions must be answered when considering this situation: What is the licensed capacity of the facility, and what is the number of "approved beds" in the facility?

A. Procedure:

1. When AASA develops a room list, each sleeping room or area needs to be individually identified.
2. AASA should measure each sleeping room or area for usable floor space, and the standard of 70 square feet per resident should be applied when determining the number of approved beds for each room. This should be done regardless of the amount of space in common areas such as the living room of an apartment.
3. If two individuals want to share an apartment that has a separate sleeping room with less than 140 square feet, the licensee must submit a request to the Director, Division of Residential Care Services, for an exemption to the licensing WAC.
4. The Division of Residential Care Services must determine:

Would approving a request for an additional person in one room result in the facility's licensed capacity being exceeded? (Is the facility currently at its maximum licensed capacity?)

1. If NO, RCS or RCS with the help of HCS for AASA clients, should evaluate the potential couple's relationship, any special care needs they may have, and the residents' preferences.
   1. If the potential couple does not want to share the bedroom, is concerned about privacy or space issues, or the care needs or characteristics of one resident could jeopardize the care or safety of the other, then the request should be disapproved. The decision should be documented in the licensing file and a letter of disapproval prepared for the Doctor's signature.
   2. If the potential couple wants to share the bedroom and is comfortable with each other and the other's care needs, the request should be approved, subject to the following conditions:
      • The exemption to exceed the normal room capacity is only valid for the specific identified couple in the specified room. The exemption is not valid if other individuals occupy the room, or if the couple occupies any other room
      • The total licensed capacity of the facility may not be exceeded. (Some other room must be below its licensed capacity.) If the facility desires to exceed its licensed capacity, then additional approvals and fees are required as described below.

   3. The exemption should be entered into the Boarding Home tracking system.

   4. The Area Manager should prepare a letter of approval for the Director's signature.

   5. The letter approving the exemption should be sent to the facility.

2. If YES-RCS must determine if the exemption would exceed the total number of approved BEDS in the facility (total capacity vs. number of licensed beds.)
   1. If the request for an exemption does not exceed the total number of approved beds in the facility:
      • RCS, or RCS with the help of HCS for AASA clients, should evaluate the potential couple's relationship, any special care needs they may have, and the residents' preferences.
      • If the potential couple does not want to share the bedroom, or is either concerned about privacy or space issues, or the care needs or characteristics of one resident could jeopardize the care or safety of the other, then the request should be disapproved. The decision should be documented in the licensing file and a letter of disapproval prepared for the Director's signature.

      • If the potential couple wants to share the bedroom and is comfortable with each other and the other's care needs, the request should be approved, subject to the following conditions:

      1. The exemption to exceed the normal room capacity is only valid for the specific identified couple in the specified room. The exemption is not valid if other individuals occupy the room, or if the couple occupies any other room.

      2. The facility must submit a license fee for the additional bed(s), which is non-refundable, even if the couple only occupies the room for a brief period.

      3. The Boarding Home tracking system should be updated to reflect:

         1. The increase in the number of licensed beds;

         2. The exemption for allowing two residents in a room which does not meet the space requirements for two residents;

         3. A new license should be printed reflecting the increased licensed capacity;

         4. The Area Manager should prepare a letter of approval for the Director's signature; and

         5. The letter approving the exemption should be sent to the facility, along with the new license. 

      4. If the request for an exemption does not exceed the total number of approved beds in the facility:

         1. An on-site inspection must be conducted to determine if the facility has the capacity to serve additional residents.

 In making this determination, at a minimum, the following issues should be addressed:

1. In the event of an emergency, can the facility safely evacuate the number of residents that they wish to serve?

2. Can the requested increase in capacity be accomplished and the facility remain in compliance with State Fire Marshal requirements? (May require on-site inspection by SFM.)

3. Does the facility have the food storage and preparation capability to serve the requested increase?

4. Does the facility have a plan for adequately staffing for the requested increase?

5. Are there enough showers and toilets available to meet the needs of the requested number of residents?

6. Are there any other health or sanitation issues that may be affected by the increased capacity, such as septic system capacity?

RCS, or RCS with the help of HCS for AASA clients, should evaluate the potential couple's relationship, any special care needs they may have, and the residents' preferences.

If the potential couple does not want to share the bedroom, or is either concerned about privacy or space issues, or the care needs or characteristics of one resident could jeopardize the care or safety of the other, or it is determined the facility does not have the capacity to serve additional residents, then the request should be disapproved. The decision should be documented in the licensing file and a letter of disapproval prepared for the Director's signature.

If the potential couple wants to share the bedroom and is comfortable with each other and the other's care needs, and the facility has the capacity to serve the increased number of residents, the request should be approved, subject to the following conditions:

1. The exemption to exceed the normal room capacity is only valid for the specific identified couple in the specific room. The exemption is not valid if other individuals occupy the room, or if the couple occupies any other room.

2. The facility must submit a license fee for the additional bed(s), which is non-refundable, even if the couple only occupies the room for a very brief period.

The Boarding Home tracking system should be updated to reflect:

1. the increase in the number of licensed beds; 

2. ii. The exemption for allowing two residents in a room which does not meet the space requirements for two residents; and

3. iii. The number of "approved beds" should not be increased in the tracking system, since the increase is only for an exceptional situation.

 A new license should be printed reflecting the increased licensed capacity. The Area Manager should prepare a letter of approval for the Director's signature. The letter approving the exemption should be sent to the facility, along with the new license.

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WAC 388-78A-150 Resident Room Doors

Q. Is it permissible for residents of boarding homes to keep their room doors in an open position, and if so, under what circumstance?

A. Whether or not residents' room doors may be kept in the open position depends on the type of construction and design of each facility, and the mechanism holding the door open.

In facilities with doors which have self-closing mechanisms to protect the hallway from smoke:

• Resident room doors may be kept open only by magnetic devices which will release and close the door when fire detection system is activated.
• Resident room doors may not be propped open by a door stop or other objects.
• In facilities where the design does not require a protected corridor, resident room doors are not required to have self-closing mechanisms:
• Where self-closing mechanisms are not required, residents may have their room doors in any position of their choosing.

Residents' rights do not supersede fire safety regulations. Boarding homes wanting to allow residents to block open doors which are equipped with self-closing mechanisms, should submit plans to the Department of Health Construction Review for installation of approved magnetic catches.

Whenever any questions arise regarding whether or not residents may have their room doors held open, or questions arise regarding the circumstances under which doors may remain open, Area Managers or boarding home administrators should contact the Assistant Deputy State Fire Marshall responsible for the fire safety licensing inspection of the facility. 

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WAC 388-78A-150 (1)(g)(i) - Basis of Calculating Required Window Space in Boarding Homes

Q. In a boarding home, what is the "room area" used as a basis for calculating the required total clear glass area in a resident's room?

A. WAC 388-78A-150 (1)(g)(i) requires that the licensee provide each resident with a sleeping room or area with one or more outside windows with "a total clear glass area equal to at least one-tenth of the room area." (Minimum area of 10 square feet window area.)

WAC 388-78A-150 (1)(a) and (b) use the term "usable floor space" when discussing the space required in a resident's sleeping room or area.

WAC 388-78A-010 defines "usable floor space" as:

1. for boarding homes licensed prior to January 1, 1989, and continuously thereafter, floor area in resident bedrooms excluding walk-in closets; or
2. for boarding homes licensed after December 31, 1988, floor area in living and sleeping rooms excluding bathrooms, toilets, toilet compartments, closets, halls, storage, and utility spaces.

Therefore, inspectors must calculate the "usable floor space" in the rooms where residents sleep, according to the definition above. In studio type apartments, this would be the area of the studio room (per above methodology), and in units with sleeping rooms separate from a living area, it would be the area in the sleeping room (per above methodology).

The required total clear glass in the resident's sleeping room or area should be calculated by multiplying the "usable floor space" times 10%, with a minimum of 10 square feet. 

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Washington State Department of Health
Construction Review Services
P.O. Box 47852
Olympia, WA 98504-7852
Phone: (360) 236-2944
Fax: (360) 236-2901
email: fslcrs@doh.wa.gov 

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