The Care Homes (Wales) Regulations 2002

PART IV E+W PREMISES

Fitness of premises E+W

24.—(1) Subject to regulation 4(3), the registered person shall not use premises for the purposes of a care home unless—

(a) the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose; and

(b) the location of the premises is appropriate to the needs of the service users.

(2) The registered person shall having regard to the number and needs of the service users ensure that—

(a) the physical design and layout of the premises to be used as the care home meet the needs of the service users;

(b) the premises to be used as the care home are of sound construction and kept in a good state of repair externally and internally;

(c) equipment provided at the care home for use by service users or persons who work at the care home is maintained in good working order;

(d) all parts of the care home are kept clean and reasonably decorated;

(e) adequate private and communal accommodation is provided for service users;

(f) the size and layout of rooms occupied or used by service users are suitable for their needs;

(g) there is adequate sitting, recreational and dining space provided separately from the service user’s private accommodation;

(h) the communal space provided for service users is suitable for the provision of social, cultural and religious activities appropriate to the circumstances of service users;

(i) suitable facilities are provided for service users to meet visitors in communal accommodation, and in private accommodation which is separate from the service users' own private rooms;

(j) there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply;

(k) any necessary sluicing facilities are provided;

(l) suitable provision is made for storage for the purposes of the care home;

(m) suitable storage facilities are provided for the use of service users;

(n) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may be required are provided, for service users who are old, infirm or physically disabled;

(o) external grounds which are suitable for, and safe for use by, service users are provided and appropriately maintained;

(p) ventilation, heating and lighting suitable for service users is provided in all parts of the care home which are used by service users;

(q) the premises are secure from unauthorised access.

(3) The registered person shall provide for staff—

(a) suitable facilities and accommodation, other than sleeping accommodation, including—

(i) facilities for the purpose of changing;

(ii) storage facilities;

(b) sleeping accommodation where the provision of such accommodation is needed by staff in connection with their work at the care home .

(4) [F1 Subject to paragraph (4A) the registered person ] shall —

(a) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;

(b) provide adequate means of escape;

(c) make adequate arrangements—

(i) for detecting, containing and extinguishing fires;

(ii) for giving warnings of fires;

(iii) for the evacuation, in the event of fire, of all persons in the care home and safe placement of service users;

(iv) for the maintenance of all fire equipment; and

(v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;

(d) make arrangements for persons working at the care home to receive suitable training in fire prevention;

(e) ensure, by means of fire drills and practices at suitable intervals, that the persons working at the care home and, so far as practicable, service users, are aware of the procedure to be followed in case of fire, including the procedure for saving life;

(f) consult with the [F2 fire and rescue authority] about the matters described in sub-paragraphs (a) to (e).

[F3 (4A) Where the Regulatory Reform (Fire Safety) Order 2005 applies to the care home—

(a) paragraph (4) does not apply; and

(b) the registered person must ensure that the requirements of that Order and any regulations made under it, except for article 23 (duties of employees), are complied with in respect of the care home.]

(5) The registered person shall undertake appropriate consultation with the authority responsible for environmental health for the area in which the care home is situated.

Textual Amendments

F1 Words in reg. 24(4) substituted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 3 para. 11(a) (with arts. 49, 51) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 Words in reg. 24(4)(f) substituted (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 65(3)

F3 Reg. 24(4A) inserted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 3 para. 11(c) (with arts. 49, 51) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

Commencement Information

I1 Reg. 24 in force at 1.4.2002, see reg. 1(1)