Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 391 - CHILDREN'S SERVICES LICENSING
Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES
Section 391-7-006 - PHYSICAL PLANT STANDARDS

Current through September 17, 2024

All buildings, including all detached buildings, for the purpose of providing care to children must meet the following physical plant standards.

006.01 WATER SUPPLY. Have an accessible, adequate, safe, and potable supply of water for drinking, food preparation, hand washing, bathing, and laundry which is maintained and meets the following requirements:

(A) if drinking water is obtained from a source other than a public water supply system, the water must not contain contaminants that exceed the maximum contaminant levels set for nitrate, or total coliform for public water supply systems in 179 NAC 2-002, and 179 NAC 3 or the lead action level set in 179 NAC 12. The licensee must report to the Department the results of ail tests that show the water contains contaminants that exceed a maximum contaminant or action level. The water supply must be tested annually and the tests results must be available for review upon request. If the water supply does not meet nitrate, total coliform bacteria and lead standards until the contaminants are lowered to acceptable levels the licensee must:
(i) Obtain water from a source approved by the Department; or

(ii) Purchase water from a commercial source.

(B) Provide drinking water by sanitary drinking fountains or individual or disposable cups;

(C) Drinking fountains must have mouth guards with water issuing under sufficient pressure;

(D) Provide sanitary dispensing and disposal unit for paper cups;

(E) Provide running water under pressure;

(F) Each hot water storage tank must have a working pressure and temperature relief valve;

(G) Provide adequate cold water and adequate water heating facilities so that a sufficient amount of hot water, maintained between 100 and 120 degrees of Fahrenheit, is available for general cleaning bathing, bathing, as well as washing and sanitizing utensils; and

(H) Provide soap for hand washing.

006.02 SEWER REQUIREMENTS. A sanitary and functioning sewage system must be maintained and either connect to a municipal sewage system or comply with the requirements set by the Nebraska Department of Environmental Quality for the operation and maintenance of an onsite wastewater system.

006.03 VENTILATION. Kitchen, bathrooms, and services rooms must have ventilation by window or mechanical means through a vent leading directly to the outside.

006.04 HEATING AND COOLING SYSTEM. All occupied buildings must have a functioning heating and cooling system with clean filters which maintains building temperature at not less than 65 degrees Fahrenheit and not more than 85 degrees Fahrenheit.

006.05 LIGHTING. All occupied buildings must have adequate lighting in every room, hallway, interior and exterior stairway, interior and exterior doorway, porch, ramp, and fire escape.

006.06 LAUNDRY. There must be separate areas for storage of soiled linen and clean linen. Laundry services may be provided by contract or on-site. Areas dedicated to laundry must include:

(A) An operable non-coin washer and dryer at a ratio of one washer and one dryer per every six children; and

(B) Laundry detergent, including specific detergent for children with allergies.

006.07 CHILD LIVING AREAS. A garage, barn, shed, travel trailer, fifth wheel trailer, recreational vehicle, portable classrooms, or similar structure must not be used as a child living area. Living areas must be:

(1) Furnished with beds, chairs, sofas, tables, and storage items that are comfortable and reflective of individual needs and intended use of the area; and

(2) Have Fire Marshal approval for use.

006.07(A) PRIVACY ROOMS. Rooms must be available to allow privacy for interviewing a child or parents and for a child to visit relatives or guests.

006.07(B) ACTIVITY AREAS. There must be a minimum of 50 square feet of space for each child for individual or group activities.

006.07(C) LEISURE AND RECREATION. Space used for leisure and recreation must be separate from the child's bedroom and dining, meeting, and studying areas.

006.07(D) BEDROOMS. Bedrooms must:
(i) Be designated to provide separation of males and females;

(ii) Allow for sleeping;

(iii) Afford privacy;

(iv) Provide access to belongings;

(v) Provide adequate storage for belongings;

(vi) Accommodate the care provided to the child;

(vii) Be approved by the Fire Marshal;

(viii) Not be shared by more than four children;

(ix) Contain:
(1) A minimum of 100 square feet of usable floor space for a private room; or

(2) A minimum of 70 square feet per child if the room is shared; and

(3) A ceiling height of at least seven feet.

006.07(E) BED REQUIREMENTS. Each child must have his or her own separate bed frame that is at least two inches off the floor and which has a mattress and bedding. The licensee must ensure a complete change of bedding is provided at least once a week or more frequently when soiled. The bed must:
(i) Be adequate in width and length for the child's height and weight;

(ii) Be in good condition; and

(iii) Be spaced no closer to another bed than 36 inches laterally or end-to-end.

006.07(F) BUNK BEDS. Bunk beds may be used, if age and developmentally appropriate to the child, and must be constructed of safe, stable materials and have a sturdy ladder for access to the top bunk.

006.07(G) BATHROOMS. One operable toilet, sink, tub, or shower for every six children in care must be available. Toilets must be on the same floor as children's sleeping areas and sinks must be on a one to one ratio with toilets. Bathrooms must:
(i) Be able to be unlocked from the outside;

(ii) Not be accessed through another child's or staffs bedroom;

(iii) Not open directly into a room which food, drink, or utensils are handled or stored;

(iv) Be kept clean, in good repair, well lighted and well ventilated;

(v) Be located in an area that is enclosed and provides for privacy;

(vi) Be adequately supplied with toilet paper; and

(vii) Have slip-resistant surfaces in tubs and showers.

006.08 STAFF BEDROOM AND BATHROOM. When staff live in or sleep at the residential child-caring agency, there must be at least one room adequately furnished and a private bath area reserved for staff. Staff rooms must be located in the same building as the children's sleeping rooms when counted in the staff-to-child ratio.

006.09 OUTDOOR AREAS. Any outdoor area used by children must be equipped and situated in such a manner as to encourage activity and assure the safety of children and must:

(A) Have 50 square feet of area per child;

(B) Be equipped with age and developmentally appropriate play equipment; and

(C) Have no standing or stagnant water or sewage present.

006.10 EDUCATIONAL SERVICES. If the licensee maintains a school at the residential child-caring agency, the buildings and equipment must meet the requirements of the Nebraska Department of Education for an approved or accredited school.

006.11 FIRE SAFETY. The licensee must maintain fire safety approval at all times.

006.12 SANITATION AND ENVIRONMENTAL SAFETY. The licensee must maintain sanitation and environmental requirements at ail times.

Disclaimer: These regulations may not be the most recent version. Nebraska 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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