Hamilton By-law 07-170, s. 1 — In this Schedule

In this Schedule:

• “activities of daily living” means the activities of an individual that maintain their sufficient nutrition, hygiene, warmth, rest and safety; “additional care” means community services such as long term care services, or rehabilitative services that can be provided to a tenant either in the residential care facility or in the community; “ambulatory” means in respect of an individual, that they are independently mobile, by mechanical or any other means, or with minimal assistance of another person; “attic” means the space between the roof and the ceiling of the top storey of a residential care facility or between a dwarf wall and a sloping roof of a residential care facility, which is not finished in such a way as to provide suitable habitation for tenants; “basement” means a storey of a residential care facility located below the first storey which is more than 50 per cent below grade or which is not finished in such a way as to provide suitable habitation for tenants; “care services” means advice, information, or supervision provided to tenants in the activities of daily living and may also include:
• (a) periodic personal care, as required, such as the giving of medications, bathing assistance, assistance with feeding, incontinence care, dressing assistance, assistance with personal hygiene, and ambulatory assistance;
• (b) provision of recreational or social activities, housekeeping, laundry services, and Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx assistance with transportation;
• (c) personal emergency response services, including assistance in evacuating under emergency conditions due to mental limitations and/or developmental handicaps and limitations of the tenants; “drug” means any substance or mixture of substances manufactured, sold or represented for use in:
• (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof, in an individual; or
• (b) restoring, correcting or modifying of organic functions in an individual; “Guidelines” means the guidelines for the operation of facilities licensed under this Schedule, which the Medical Officer of Health is authorized to issue under subsection 57(a); “inspection log” means the document prepared by the City that is completed by an Officer at the end of an inspection to indicate whether the residential care facility is in compliance or not with relevant City by-laws; (21-217) “long term care facility” means a nursing home under the Nursing Homes Act, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act provided that on the day the Long- Term Care Homes Act, 2007 comes into force, “long term care facility” means a place that is licensed under that Act; “Officer” means:
• (a) a building inspector of the Building Division of the Planning and Economic Development Department; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (b) an inspector of the Fire Department;
• (c) a public health inspector employed in the Public Health Services Department;
• (d) a registered nurse employed in the Public Health Services Department;
• (e) an officer appointed by the Director of Licensing. “operator” means a person licensed under this Schedule to operate a residential care facility; “physician” means a legally qualified medical practitioner; “prescribed”, when used with reference to a drug or mixture of drugs, means that a legally qualified medical practitioner or a dentist has directed the dispensing of the drug or mixture of drugs to a named individual; “prescription drug” means a drug that may be dispensed by a pharmacist only upon the direction of a physician or dentist; “rehabilitative services” means services for a person with a physical, mental, or developmental handicap, and includes,
• (a) homemaker services,
• (b) day care,
• (c) training and rehabilitation,
• (d) casework and counselling, and
• (e) training in life skills; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “residential care facility” means a residential complex that is:
• (a) occupied or intended to be occupied by four or more persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; or
• (b) licensed or required to be licensed under the Retirement Homes Act, 2010, and the term “facility” has a corresponding meaning. “residential care facility information package” means an information package that contains the information required to be contained in an information package under