Current through Register Vol. 43, No. 12,
March 20, 2024
(a)
General building requirements.
(1) Each
applicant, each permittee, and each licensee shall ensure that the facility is
connected to public water and sewage systems, where available. If public water
and sewage systems are not available, each applicant shall obtain approval for
any private water and sewage systems by the health authorities having
jurisdiction over private water and sewage systems where the facility is
located.
(2) A licensed architect
shall be responsible for the plans for any newly constructed building or for
any major addition or major alteration to an existing building.
(A) For a new building, preliminary plans and
outline specifications, including plot plans, shall be submitted to the
department for review before beginning the final working drawings and
specifications. Each applicant, each permittee, and each licensee shall submit
the final working drawings, construction specifications, and plot plans to the
department for review and written approval before the letting of
contracts.
(B) For an addition or
alteration to an existing building, each applicant, each permittee, and each
licensee shall submit a written statement defining the proposed use of the
construction and detailing the plans and specifications to the department for
review and written approval before beginning construction.
(C) If construction is not begun within one
year of submitting a proposal for a new building or an addition or alteration
to an existing building, each licensee shall re-submit the plans and proposal
to the department before proposed construction begins.
(b) Location and grounds
requirements. Each permittee and each licensee shall ensure that the following
requirements are met for the location and grounds of the facility:
(1) Community resources, including health
services, police protection, and fire protection from an organized fire
department, shall be available.
(2)
There shall be at least 100 square feet of outside activity space available for
each resident allowed to utilize each outdoor area at any one time.
(3) The outside activity area shall be free
of physical hazards.
(4) Residents
of the facility shall not share space with another child care facility for any
indoor or outdoor activities.
(c) Swimming pools. Each permittee and each
licensee shall ensure that the following requirements are met if a swimming
pool is located on the premises:
(1) The pool
shall be constructed, maintained, and used in a manner that safeguards the
lives and health of the residents.
(2) Legible safety rules shall be posted for
the use of a swimming pool in a conspicuous location. If the pool is available
for use, each permittee and each licensee shall read and review the safety
rules weekly with each resident.
(3) An individual with a lifesaving
certificate shall be in attendance when residents are using a swimming
pool.
(4) Each inground swimming
pool shall be enclosed by a fence at least five feet high. Each gate in the
fence shall be kept closed and shall be self-locking. The wall of a building
containing a window designed to open or a door shall not be used in place of
any side of the fence.
(5) Each
aboveground swimming pool shall be at least four feet high or shall be enclosed
by a fence at least five feet high with a gate that is kept closed and is
self-locking. Steps shall be removed and stored away from the pool when the
pool is not in use. Each aboveground pool with a deck or berm that provides a
ground-level entry on any side shall be treated as an in-ground pool.
(6) Sensors shall not be used in place of a
fence.
(7) The water shall be
maintained between pH 7.2 and pH 7.8. The water shall be disinfected by free
available chlorine between 1.0 parts per million and 3.0 parts per million, by
bromine between 1.0 parts per million and 6.0 parts per million, or by an
equivalent agent approved by the local health department.
(8) If a stabilized chlorine compound is
used, the pH shall be maintained between 7.2 and 7.7 and the free available
chlorine residual shall be at least 1.50 parts per million.
(9) The pool shall be cleaned and the
chlorine or equivalent disinfectant level and pH level shall be tested every
two hours during periods of use.
(10) The water temperatures shall be
maintained at no less than 82 degrees Fahrenheit and no more than 88 degrees
Fahrenheit while the pool is in use.
(11) Each swimming pool more than six feet in
width, length, or diameter shall be equipped with either a ring buoy and rope
or a shepherd's hook. The equipment shall be of sufficient length to reach the
center of the pool from each edge of the pool.
(d) Structural requirements and use of space.
Each permittee and each licensee shall ensure that the facility design,
structure, interior and exterior environment, and furnishings promote a safe,
comfortable, and therapeutic environment for the residents.
(1) Each facility shall be accessible to and
usable by individuals with disabilities.
(2) Each facility's structural design shall
facilitate personal contact and interaction between staff members and
residents.
(3) Each sleeping room
shall meet the following requirements:
(A)
Each room shall be assigned to and occupied by only one resident.
(B) No resident's room shall be in a
basement.
(C) The minimum square
footage of floor space shall be 80 square feet. At least one dimension of the
usable floor space unencumbered by furnishings or fixtures shall be at least
seven feet.
(D) The minimum ceiling
height shall be seven feet eight inches over at least 90 percent of the room
area.
(E) An even temperature of
between 68 degrees Fahrenheit and 78 degrees Fahrenheit shall be maintained,
with an air exchange of at least four times each hour.
(F) Each sleeping room shall have a source of
natural light.
(G) Access to a
drinking water source and toilet facilities shall be available 24 hours a
day.
(H) A separate bed with a
level, flat mattress in good condition shall be provided for each resident. All
beds shall be above the floor level.
(I) Clean bedding, adequate for the season,
shall be provided for each resident. Bed linen shall be changed at least once a
week or, if soiled, more frequently.
(4) Adequate space for study and recreation
shall be provided.
(5) Each living
unit shall contain the following:
(A)
Furnishings that provide sufficient seating for the maximum number of residents
expected to use the area at any one time;
(B) writing surfaces that provide sufficient
space for the maximum number of residents expected to use the area at any one
time; and
(C) furnishings that are
consistent with the needs of the residents.
(6) Each facility shall have adequate central
storage for household supplies, bedding, linen, and recreational
equipment.
(7) If a facility has
one or more dayrooms, each day-room shall provide space for a variety of
resident activities. Dayrooms shall be situated immediately adjacent to the
residents' sleeping rooms, but separated from the sleeping rooms by a
floor-to-ceiling wall. Each dayroom shall provide at least 35 square feet for
each resident, exclusive of lavatories, showers, and toilets, for the maximum
number of residents expected to use the dayroom area at any one time.
(8) Each room used for sports and other
physical activities shall provide floor space equivalent to at least 100 square
feet for each resident utilizing the room for those purposes at any one
time.
(9) Sufficient space shall be
provided for visitation between residents and visitors. The facility shall have
space for the screening and search of residents and visitors, if screening and
search are included in the facility's policies and procedures. Private space
shall be available for searches as needed. Storage space shall be provided for
the secure storage of visitors' coats, handbags, and other personal items not
allowed into the visitation area.
(10) A working telephone shall be accessible
to staff members in all areas of the building. Emergency numbers, including
those for the fire department, the police, a hospital, a physician, the poison
control center, and an ambulance, shall be posted by each telephone.
(11) A service sink and a locked storage area
for cleaning supplies shall be provided in a room or closet that is well
ventilated and separate from kitchen and living areas.
(e) Bathrooms and drinking water. Each
permittee and each licensee shall ensure that the following requirements are
met for bathrooms and drinking water at the facility:
(1) For each eight or fewer residents of each
sex, at least one toilet, one lavatory, and either a bathtub or a shower shall
be provided. All toilets shall be above floor level.
(2) Each bathroom shall be ventilated to the
outdoors by means of either a window or a mechanical ventilating
system.
(3) Toilet and bathing
accommodations and drinking water shall be in a location accessible to sleeping
rooms and living and recreation rooms.
(4) Drinking water and at least one bathroom
shall be accessible to the reception and admission areas.
(5) Cold water and hot water not exceeding
120 degrees Fahrenheit shall be supplied to lavatories, bathtubs, and
showers.
(6) Liquid soap, toilet
paper, and paper towels shall be available in all bathrooms.
(f) Building maintenance
standards. Each permittee and each licensee shall ensure that the following
requirements are met for building maintenance of the facility:
(1) Each building shall be clean at all times
and free from vermin infestation.
(2) The walls shall be smooth, easily
cleanable, and sound. Lead-free paint shall be used on all painted
surfaces.
(3) The floors and
walking surfaces shall be kept free of hazardous substances at all
times.
(4) The floors shall not be
slippery or cracked.
(5) Each rug
or carpet used as a floor covering shall be slip-resistant and free from
tripping hazards. A floor covering, paint, or sealant shall be required over
concrete floors for all buildings used by the residents.
(6) All bare floors shall be swept and mopped
daily.
(7) A schedule for cleaning
each building shall be established and maintained.
(8) Washing aids, including brushes, dish
mops, and other hand aids used in dishwashing activities, shall be clean and
used for no other purpose.
(9) Mops
and other cleaning tools shall be cleaned and dried after each use and shall be
hung on racks in a well-ventilated place.
(10) Pesticides and any other poisons shall
be used in accordance with the product instructions. These substances shall be
stored in a locked area.
(11)
Toilets, lavatories, sinks, and other such accommodations in the living areas
shall be cleaned each day.