§389.125. Cost and Installation

a)         A resident choosing to conduct authorized electronic monitoring shall do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs.  (Section 25(a) of the Act)  The facility may include language in its standard admission contract that:

 

1)         Requires professional installation by a contractor of an electronic monitoring device that requires physical alteration of a resident's room or hardwiring into the facility's electrical system;

 

2)         Requires a contractor, if required, be licensed by the appropriate local level of government;

 

3)         Requires the resident to pay any reasonable costs associated with correcting installation errors that violate NFPA 101, NFPA 70, and the International Building Code;

 

4)         Requires that the resident pay any reasonable costs associated with removal of an electronic monitoring device, including wall repair, in the event that the resident or a roommate withdraws consent, or a new roommate withholds consent, as a condition of electronic monitoring;

 

5)         Requires a damage deposit from the resident as a condition of installing electronic monitoring; and

 

6)         Provides for the removal and confiscation of an electronic monitoring device that is installed in violation of the Act and this Part, including compliance with NFPA 101, NFPA 70, and the International Building Code as a condition of electronic monitoring.

 

b)         If a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for contracting with an Internet service provider.  (Section 25(b) of the Act)

 

c)         The facility shall make a reasonable attempt to accommodate the resident's installation needs, including, but not limited to, allowing access to the facility's telecommunications or equipment room. A facility has the burden of proving that a requested accommodation is not reasonable.  (Section 25(c) of the Act)

 

d)         The electronic monitoring device shall be placed in a conspicuously visible location in the room. (Section 25(d) of the Act) An electronic monitoring device capable of visual recording shall not be directed toward the bed or living area of any resident who has not consented to the authorized electronic monitoring.

 

e)         A facility shall not charge the resident a fee for the cost of electricity used by an electronic monitoring device.  (Section 25(e) of the Act)

 

f)         All electronic monitoring device installations and supporting services shall comply with the requirements of the NFPA 101, NFPA 70, and the International Building Code.  (Section 25(f) of the Act)