Code of Massachusetts Regulations
606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE
Title 606 CMR 3.00 - Standards for the Licensure or Approval of Residential Programs Servicing Children and Teen Parents
Section 3.08 - Physical Plant and Equipment

(a) The licensee shall have a certificate of inspection or Use and Occupancy Permit from the Department of Public Safety or the appropriate local building inspector certifying that the facility meets the building code applicable to that facility.

(b) The licensee shall obtain a written report from the local health inspector or from the Department of Public Health certifying that the facility is in compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) including the following categories: kitchen areas; bathroom areas; water supply; hot water operations; heating operations; lighting and electrical operations; metering of electricity and gas; installation and maintenance of the physical plant; asbestos material used as insulation or covering; smoke detectors; exits; maintenance of structural elements; control of insects, rodents and skunks; garbage and rubbish storage and disposal; and security.

(c) The licensee shall obtain a written report of an annual fire inspection from the local fire department. The licensee shall request fire inspections on a quarterly basis and shall maintain copies of these requests and inspections at the facility.

(a) The licensee shall establish a written plan detailing procedures for meeting potential emergencies, such as fire, power outage, severe weather conditions and staffing problems. The procedures shall include:

(b) One person shall be assigned responsibility for coordination of the planning and procedures for meeting potential emergencies.

(c) The licensee shall post the plans and procedures at suitable locations throughout the facility, and insure that staff are familiar with the procedures.

(d) The licensee shall conduct training on these procedures quarterly in order to:

(e) The licensee shall prepare residents for and conduct evacuation drills on each shift at least twice a year under varied conditions.

(f) The licensee shall maintain an active safety program allowing for ongoing assessment of the facility's emergency and safety procedures.

(a) The licensee shall store poisonous cleaning substances or other toxic substances in areas where they are not accessible to residents.

(b) The licensee shall assure that toxic substances and medications are not stored together.

(c) The licensee shall store medical equipment and medications under proper conditions for sanitation, preservation, and security.

(d) The licensee shall assure that all toxic substances are labeled as to the contents and antidote.

(e) The poison control center number shall be posted conspicuously next to all telephones in the program.

(f) In transition to independent living programs, the licensee may store toxic substances in areas which are not secured, provided that the licensee has a plan to assure safety at all times.

(a) The licensee shall remove or make inaccessible to children paint or plaster containing lead.

(b) All buildings, residential or otherwise, utilized by children younger than six years old or with a mental age younger than six years old shall be free of lead paint violations in accordance with 105 CMR 460.000: Lead Poisoning Prevention and Control. Certification shall be obtained from the Massachusetts Department of Public Health or local board of health or private inspector utilizing an inspection form approved by the Childhood Lead Poisoning Prevention Program of the Massachusetts Department of Public Health.

(c) A licensee that obtained a letter of compliance from the Massachusetts Department of Public Health, local board of health or private inspector prior to July 1, 1988, will not be required to comply with additional deleading requirements unless so ordered by the local board of health or the Massachusetts Department of Public Health to remain in compliance with 105 CMR 460.000: Lead Poisoning Prevention and Control, or unless expanding to space not previously approved by the Department.

(a) The facility and grounds shall be maintained free from rodent or insect infestation by qualified persons.

(b) Porches, elevated walkways and elevated play or recreation areas shall have barriers to prevent falls. Glass barriers shall not be used. Such barriers shall be at least 36 inches in height if the elevated area is more than 30 inches off the ground.

(c) All exits, exit accesses and exit discharge areas shall be maintained continuously free from all obstructions or impediments to immediate use.

(d) Outdoor recreation areas and equipment shall be safe. Equipment shall be maintained in good repair, of safe design without sharp protrusions and shall be securely anchored to the ground.

(e) Power tools and equipment shall be stored in a locked area and only used by children under the instruction and appropriate supervision of a staff member, except in transition to independent living programs, where such tools and equipment may be stored in areas which are not secured. The licensee must have a plan to assure safety at all times.

(f) Swimming areas shall be tested for water quality and be secured from inappropriate entry.

(g) The licensee shall have a plan for monitoring and insuring safety around swimming areas, including appropriate staff-child ratios and supervision.

(h) Any private well or water source shall be inspected and approved by the local board of health or health department.

(i) The program shall be equipped with at least one working smoke detector on each floor and at least one additional smoke detector for each separate sleeping area not connected by a common hallway.

(j) Each area for cooking and any other areas used for electrical, gas, or other heating equipment shall be equipped with a fire extinguisher which is inspected annually to insure that it is in good working order.

(k) The licensee shall maintain standard first aid kits that are accessible to each major activity area of the program. These kits shall be checked and restocked regularly.

(l) The licensee shall assure that all areas accessible to infants, toddlers and young children shall be child-proofed appropriately. Electrical outlets shall be covered, cabinets latched or locked, access to stairs barricaded, and sharp corners protected. Poisonous plants, cosmetics, appliances and small items which could be swallowed shall not be within a child's reach.

(a) Requirements for Residents with Limited Mobility. The licensee shall assure that residents with limited mobility have access to those areas of the facility and grounds to which such access is necessary.

(b) Building Entrances. A program which enrolls residents requiring wheel chairs shall have at least one entrance without steps and wide enough for a wheel chair, for each building utilized by such residents.

(a) The licensee shall design the living units to simulate the functional arrangements of a home and to encourage a personalized atmosphere for small groups of residents, unless it has been demonstrated that another arrangement is more effective in maximizing the human qualities of the specific population served. Living units shall be safe, clean and in good repair.

(b) The licensee shall provide furniture and furnishings which are safe, appropriate, comfortable, and home-like.

(c) All windows shall have operable screens in good repair where applicable or not contraindicated by security requirements.

(d) All incandescent or fluorescent light fixtures shall be protected with shades or covers.

(e) The licensee shall provide bedrooms which have:

(f) The licensee shall provide a means for residents to mount pictures on bedroom walls, and to have other decorations.

(g) The licensee shall make provisions for safe keeping of each resident's money or valuables.

(h) The licensee shall provide each resident with appropriate individual furniture, and an individual closet or a designated section of a closet with clothes racks and shelves.

(i) The licensee shall provide accessible storage areas for personal possessions.

(j) The licensee shall provide each resident with his or her own bed which shall be of sufficient size to accommodate the resident comfortably. No cots or portable beds shall be used.

(k) Living rooms for the residents' use shall be provided in each facility. The living area(s) shall have adequate space per resident exclusive of hallways, bathrooms, kitchens, dining areas, closets, offices, storage areas or areas regularly used for other purposes.

(a) Bathing and toilet facilities shall be maintained in good repair and in clean condition.

(b) The licensee shall locate and equip toilet areas so as to facilitate maximum self-help by residents.

(c) The licensee shall provide toilets, which allow for individual privacy (with partitions and doors), unless inconsistent with a toilet training program.

(d) The licensee shall provide bathing and toileting fixtures which are specially equipped, if used by residents with disabilities.

(e) Except as provided in 606 CMR 3.08(8)(k), the licensee shall provide at least one toilet for each six residents which is easily accessible to the sleeping quarters.

(f) Except as provided in 606 CMR 3.08(8)(k), the licensee shall provide at least one sink for each six residents.

(g) Except as provided in 606 CMR 3.08(8)(k), the licensee shall provide at least one tub or shower for each six residents. All tubs and showers shall be equipped with a non-slip surface or mat.

(h) The licensee shall have available hot and cold running water for all sinks, tubs and showers.

(i) The licensee shall provide mirrors at convenient heights for use by residents.

(j) The licensee shall provide a place for toiletries and for hanging towels and washcloths.

(k) In programs serving teen parents, infants and toddlers shall not be included in the ratio of bathing and toilet facilities required by 606 CMR 3.08(8)(e) through (g).

(a) Kitchens shall be provided with all necessary equipment for the preparation, storage, serving and clean-up of all meals for all of the residents and staff regularly served by the facility. All equipment shall be maintained in a clean and safe working order.

(b) The licensee shall provide dining areas which are sufficiently large to accommodate in an uncrowded manner tables and chairs for all persons eating.

(c) The licensee shall provide dining areas which are clean, well lit and ventilated, and attractively furnished.

(d) The licensee shall provide tables and chairs of the type, size and design appropriate to the ages and needs of the residents.

(e) The licensee shall provide dining utensils and dishes appropriate to the age and needs of the residents.