Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 7 - Division of Family & Children Services Licensing Requirements
Chapter 1 - Licensing Requirements Manual for Residential Child Caring and Child Placing Agencies
Section 18-7-1-VII - PHYSICAL ENVIRONMENT
Universal Citation: MS Code of Rules 18-7-1-VII
Current through September 24, 2024
A. Requirements for Licensure: (MS Code § 43-15-107 See Appendix)
1. The agency shall be located in a residential zoning area that is accepting of the facility and its mission and purpose.
2. The agency shall submit a written plan of action to the Licensure Unit for approval prior to start-up operation and/or commencing any new construction work.
3. All agencies shall obtain approval of local fire, safety, building construction and zoning authorities. The agency shall provide documentation as follows:
a. Written records of inspections from the appropriate local fire, health, and safety authorities annually.
b. Documentation that appropriate action was taken to correct deficiencies cited by the above entities.
c. Evidence and documentation of a routine pest control service.
4. The following inspection(s) shall be performed annually by the Health Department in order for the facility to comply with licensing standards:
a. Residential child caring agencies that have a cottage-style living arrangement with a family-type kitchen in each cottage or individual group home shall be inspected using only the Mississippi Department of Health Inspection for Residential Facility (Form 750) Inspection Report. The entire form shall be completed by the Health Department Environmentalist.
b. Residential child caring agencies which have a separate central dining area for all residents and/or have fifteen (15) or more persons eating together shall have both a Food Service Permit Inspection Report and a Residential Facility Inspection Report (Form 750).
c. If a Form 750 is submitted with negative responses or "no" checked, the facility shall also submit a Corrective Action Plan within five (5) business days of receiving notification.
5. The agency shall have and follow written procedures for fire/natural disasters, including tornadoes, hurricanes, and floods which specify frequency of drills, evacuation plans and responsibilities of staff. The drills shall include an actual evacuation of children to safe areas. A posted record of the drills shall be kept as outlined below.
a. Include a schedule for fire drills and applicable disaster drills:
i. Staff and children of appropriate age and functioning capacity shall be trained in the correct reporting of fires and how to extinguish small fires.
ii. Fire drills shall be conducted at least monthly in a residential program and must be rotated among the following time frames.
7:00 A.M. to 3:00 P.M.
3:00 P.M. to 11:00 P.M.
11:00 P.M. to 7:00 A.M.
iii. Disaster drills shall be conducted at least annually.
iv. Fire extinguishing equipment and alarms/smoke detectors shall be inspected annually by the Fire Marshall and be located throughout the facility in all resident areas and where conditions warrant (i.e., flammable storage areas) and be mounted in a secure manner.
b. Specify emergency escape procedures
c. Post escape routes at highly visible locations throughout the facility that clearly indicate your location and the nearest exit(s)
6. Written reports must follow each fire drill which must include at a minimum:
a. Date of drill
b. Time required for completion of drill
c. Signature of staff member completing the report.
7. Facilities shall be handicapped accessible.
8. The width of doorways, when the door is in the full open position, must not be fewer than thirty-two (32) inches wide.
9. Doors opening onto stairs must have a landing at a minimum of the width of the door.
10. Minimum head room on stairs to clear all obstruction must be six feet and eight inches tall (6' 8").
11. Width of stairs must not be less than thirty-two (32) inches.
a. Minimum tread depth of each step of the stairs must not be less than nine (9) inches.
b. Maximum height of risers in each step must not exceed eight (8) inches.
12. Guards and handrails must be provided on both sides of all stairs and ramps rising more than thirty (30) inches above the floor or grade and must meet the following:
a. Guards and handrails must continue for the full length of the ramp or stairs.
b. Handrails must provide at least two (2) inches between the inner side of the rail and support wall.
c. Handrails must not be more than thirty-four (34) inches above the step or ramp nor less than thirty (30) inches.
13. Ramps, platforms and landings associated with the guards and handrails must be: a. Designed for not less than one hundred (100) pounds per square foot b. Have a slip-resistant surface
14. Locks, if provided on exit doors, shall not require the use of a key for operation from inside the building.
15. No stove or heater shall block an escape route.
16. A back splash shall be installed behind any stove.
17. Exits shall be accessible at all times.
B. Buildings and Grounds:
1. The facility and premises shall be maintained in a clean, sanitary, comfortable and safe condition.
a. Exterior Grounds/Environment:
i. The grounds shall have at least seventy-five (75) square feet of accessible exterior space for each child.
ii. Garbage and trash shall be secured in covered containers and removed on a weekly basis.
iii. Unsafe areas such as steep grades, cliffs, open pits, lakes, ponds, swimming pools, drainage ditches or other hazards must have appropriate barriers to protect children.
iv. Playground equipment shall be age appropriate and shall be in good repair.
v. The play area shall be fenced if there are conditions which may pose a danger to a child playing outside.
vi. The playground area and playground equipment shall be installed and setup based on the Mississippi State Board of Health Handbook for Public Playground Safety and the National Playground Standard. This Handbook includes technical safety guidelines for designing, constructing, operating and maintaining public playgrounds.
vii. The facility shall be located on land that is properly drained.
viii. Running or boisterous play is not allowed in the fenced-in-pool area.
ix. Glass articles, sharp metal objects and other hazardous objects are not allowed in the fenced-in pool area.
2. Swimming Pools:
a. All entrances to the swimming pool shall be self-closing and self-latching with the latch located at least fifty-four (54) inches above the underlying ground.
b. All chemicals for the swimming pool shall be maintained in a locked storage area.
c. A diving board is prohibited.
d. Markings for water depth shall be visible.
e. A rope shall be secured across the swimming pool to indicate the four (4) foot depth.
f. At any water activity the facility shall have one person with a current Advanced Life Saving certificate or certified life guard on duty when swimming activities are involved. An additional staff person shall be on duty at the pool when children are present.
g. Swimming pools shall be approved by the Health Department and routinely tested according to Health Department standards.
h. The pool shall be enclosed with protective fencing. A fence, wall or other barrier shall enclose the swimming pool so that the pool is separated from the facility or otherwise made physically inaccessible to a child.
1. The wall, fence or barrier shall not contain openings for handholds or footholds accessible from the exterior side of the enclosure.
2. If any window, door or other openings of the facility constitute part of the swimming pool enclosure, the openings shall be permanently secured and shall not be essential as a fire exit. Any bedroom for a facility shall not have an opening into the swimming pool area.
i. There must be safety measures in place for all bodies of water located at or near the facility. At least one staff that is CPR certified must be present at all times in which children are at or near a body of water.
C. General Sanitation:
1. The water supply shall be from an approved municipal system where available.
Where a municipal system is not available, the facility shall obtain approval for the water supply from the Health Department.
2. All kitchens, food preparation, food storage, and utensil cleaning shall comply with Health Department regulations.
3. Laundry facilities shall be located in an area separate from areas occupied by children. Space for sorting, drying, and ironing shall be made available to children old enough and capable of handling their personal laundry. Laundry activities shall be monitored by a staff member and ironing activities closely supervised.
4. Sewage disposal and other water-carried wastes shall be disposed of through a municipal water sewer system. Where a municipal sewer connection is not available, the facility shall have approval from the Health Department for liquid waste disposal. All septic tanks shall be tested annually and certified by the state and/or local health authorities.
D. General Safety:
1. An agency shall have access to twenty-four (24) hour telephone service. Telephones shall be centrally located and readily available for staff use in each living unit of the facility. Emergency numbers including the fire department, police department, medical services, poison control and ambulance services shall be posted near the telephones. There shall be telephone service in all buildings housing children.
2. Sharp objects and hazardous equipment shall be secured in a locked drawer or cabinet.
3. Animals kept on the premises shall be inoculated by a veterinarian annually. Efforts shall be made to keep the grounds free from stray animals and animal feces.
4. The facility shall be free of rodents and insects and routinely inspected by a licensed pest control service.
5. Garbage and trash shall be removed promptly to avoid creating a nuisance or menace to health.
6. Animals in the Home:
a. An animal shall not be kept if the animal has shown aggressive behavior.
b. Animals shall have an annual certificate of rabies vaccination on file in the home or facility if required by law to be vaccinated.
c. An animal that is not aggressive, but could pose a threat to the health and safety of children such as, but not limited, to lizards, snakes, and turtles, shall be routinely confined (e.g. a cage or an aquarium) in an appropriate container.
d. Children may be allowed to handle pets if determined that it is reasonably safe to do so.
e. Animals kept in the house must be house broken.
7. The agency shall maintain a smoke-free environment in all indoor areas of the home and in all vehicles used to transport a child in placement.
E. Interior/Building:
1. Living Area:
a. The facility shall have a living room or den for the children residing in a living unit. Such space shall be equipped with age appropriate, comfortable furnishings suitable for relaxation and social interaction.
b. The arrangement, appearance, and interior areas of the facility shall be similar to those of a home environment.
2. Dining Area:
a. A facility shall have dining areas that permit children, staff and guests to eat together in small groups.
b. The dining area shall be clean, well lighted, ventilated and attractively furnished.
3. Study Area:
a. Each living unit shall have a quiet area for study purposes.
b. Adequate lighting shall be provided for the study area.
4. Recreation Space:
a. The facility shall have space for indoor recreation.
b. The agency shall have a variety of safe play equipment, toys, and supplies which are age and developmentally appropriate for children in care.
5. Administrative and Counseling Space:
The facility shall have administrative and counseling space that meets the following: a. Space that is distinct from children's living area to serve as an administrative office for records, secretarial work and bookkeeping b. A designated space to allow private discussions and counseling sessions between individual children and staff
6. Bathrooms:
The facility shall have bathrooms that meet the following requirements:
a. A bathroom with a separate toilet, bath tub or shower, and sink for each four (4) children
b. An adequate supply of water and hot water (not to exceed 120 degrees) and cold running water
c. Clean and sanitary bathroom(s)
d. Separate bath and toilet facilities for boys and girls
e. An adequate supply of soap, towels, and tissues
f. Bathroom door locks designed to permit the opening of the locked door from the outside by staff
g. Slip- resistant surface for each bathtub/shower
h. A separate toilet and lavatory available for staff and visitors
i. One handicapped accessible bathroom
j. No passage to the bathroom through another resident's bedroom
7. Bedrooms:
a.The facility shall have no more than four (4) children in each bedroom. The facility shall have no more than two (2) children per room that are emotionally challenged or have a behavioral disorder.
b. All bedrooms shall have seventy-four (74) square feet for the initial occupant and an additional fifty (50) square feet for each additional occupant and a ceiling height of at least seven and one half (7 1/2) feet.
c. The facility shall not permit non-ambulatory children to sleep above the first floor.
d. All bedrooms shall have a direct source of natural light (window) as well as a working light fixture in each room. Lamps may not be the sole source of light.
e. The facility shall provide each child with a closet, locker or bureau for clothing and personal belongings which shall be reserved for him/her alone. If it can be locked, a duplicate key or copy of combination shall be in the possession of the staff.
f. The facility shall provide each child with a safe and comfortable bed. Where bunk beds are used, they shall have safety rails and sufficient room to allow the occupants of both bunks to sit up in bed. Bunks may contain only two beds.
g. The facility shall provide separate sleeping rooms for boys and girls.
8. Staff Quarters:
a. The facility should not be used as a permanent residence for live-in child care workers or other staff members working at the facility.
b. Staff must leave the facility when they are not working in a child care worker capacity, unless separate living quarters are provided with bedroom, bath and kitchen.
9. Furnishings:
a.The facility shall be decorated and furnished to create a home-like environment.
b. Furnishings shall be safe, attractive, easy to maintain, and selected for their suitability to the age and development of the children in care.
c. The study area(s) shall have tables, chairs, lamps, and bookshelves suitable for use by the children in care.
d. Children shall have the opportunity to personalize their bedrooms with furnishings and possessions.
e. Clean sheets, pillowcases, pillows and blankets shall be provided to each child. Sheets and pillowcases shall be changed at least once a week unless greater frequency is indicated.
F. Transportation Safety:
Agencies who transport children in their own vehicles must:
1. Use age-appropriate passenger restraint systems
2. Provide adequate passenger supervision as required by statute or regulation
3. Properly maintain vehicles and obtain required registration and inspection
4. Provide the agency with annual validation of current licenses, driving records, and appropriate insurance
5. Shall not transport children in the back or bed of a truck, regardless of distance
6. The number of persons in an agency owned vehicle used to transport children shall not exceed the number of available seats. Seatbelts or age appropriate child safety restraints prescribed by law shall be used when transporting children.
7. The agency staff shall provide information regarding special medical needs or problems to the operator of any vehicle transporting children.
8. Agency and privately owned vehicles used to transport children shall be equipped with a first aid kit and fire extinguisher at the time of transportation.
9. Agency shall purchase a van in the agency's name within one (1) year of opening the facility. Agency staff's private cars should only be used in case of an emergency.
10. No youth in care shall operate a motor vehicle to transport other persons. Negligence or willful misconduct of a driver under seventeen (17) years of age is imputed to person signing application for license. (MS Code §
63-1-25 See Appendix)
G. New Construction:
1. New construction at a facility includes new buildings, additions to existing buildings, or the conversion of existing buildings or portions thereof.
2. Prior to commencing new construction, the agency shall submit a plan of action to the Department and a copy of the building permit to the Department.
3. The Health Department and Fire Department must be contacted prior to commencing new construction.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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