FGI Issues Interpretation Favorable to Small ALRs

At the urging of Pinkowski Law & Policy Group, LLC, the Facility Guidelines Institute issued a formal interpretation of design guidelines that enables developers in Colorado to continue to create small assisted living homes in residential neighborhoods. The 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities provides that each resident “shall have access to a bathroom [including a shower] without entering a corridor”. This requirement, which was adopted by the Colorado Department of Health and Environment in April 2018, is extremely difficult for those who are trying to create group homes for seniors by remodeling single family homes. Most people who have grown up in single family homes know that not all bedrooms have en suite or direct access to a 3/4 bath, and trying to create this access in a single family home is not realistic. PLPG took this concern to the CDPHE and FGI, arguing that facilities have corridors, but homes have hallways and, thus, the requirement should not apply. The FGI agreed and issued a Formal Interpretation of Section 4.1- clarifying that “corridor” refers to public corridors - which do not exist in small or medium sized homes. PLPG is proud to have initiated this effort and to have brokered a rational solution between the design guidelines institute and the state regulator.