1. (1) These minimum standards are for Mental Illness and Mental Retardation Day Programs. In addition to these standards, the most current edition of the NFPA 101, Life Safety Code, Day-Care Occupancies, International Building Code and National Electrical Code shall apply.

2. (2) The facility cannot be occupied until the Commissioner issues a Temporary Operating Authority (TOA) granting operating authority or certification based on compliance with the DMH/MR minimum standards. The above referenced type facilities shall be classified by DMH/MR Minimum Physical Facility Standards as Mental Illness Day Services or Mental Retardation Day Services.

   1. (a) FIRE SAFETY EQUIPMENT

      1. 1. Fire alarm system shall be installed, tested and maintained in accordance with NFPA 70, National Electrical code, and NFPA 72, National Fire Alarm Code.

      2. 2. Portable fire extinguishers shall be installed, inspected, and maintained in accordance with NFPA 10, Standard for Portable Fire Extinguishers.

         1. (i) A minimum of (1) 10 lb ABC in hallway and (1) 5 lb ABC fire extinguisher in kitchen shall be provided.
         2. (ii) Size of fire extinguisher refers to Charge Weight.
         3. (iii) Mount top of fire extinguishers 5 feet above the floor.
         4. (iv) A service tag shall be provided from a certified fire equipment service company for each fire extinguisher.
         5. (v) Fire extinguishers shall be visually checked, dated and initialed on rear of service tag each month by the facility operator.

      3. 3. Battery pack emergency lighting shall be installed in hallways or other locations as required for illuminating the paths of travel from areas of the facility to designated exits.

         1. (i) Emergency lighting functional testing shall be conducted by the facility operator monthly for a period of not less than 30 seconds and annually for not less than 90 minutes.
         2. (ii) The emergency equipment shall remain fully operational for the duration of the test.
         3. (iii) Written records of visual inspections and tests shall be kept by the facility operator for inspection by the authority having jurisdiction.

   2. (b) MAINTENANCE

      1. 1. Facilities must be free of hazards, structurally sound and maintained throughout (e.g., sill, joist, pier, foundation, walls, roof and other areas).2. Insulation in walls, floors and ceilings in any room, including utility rooms, closets and garages, must be covered with finished material.

   3. (c) ADA REQUIREMENTS

      1. 1. The specifications in this rule make buildings and facilities accessible to and usable by people with such physical disabilities as the inability to walk, difficulty walking, reliance on walking aids, blindness and visual impairment, deafness and hearing impairment, incoordination, reaching and manipulation disabilities, lack of stamina, difficulty interpreting and reacting to sensory information, and extremes of physical size based generally upon adult dimensions (as cited by American National Standard, Accessible and Usable Building and Facilities, Council of American Building Officials CABO/ANSI A117.1992).
      2. 2. Facilities serving physically disabled or non-ambulatory persons using or confined to a walker or wheelchair shall comply with Federal Guidelines for the accessibility for disabled persons. These requirements include toileting facilities, complete facility access and parking. Where bathing facilities are provided, they must comply with ADA standards. Facilities must comply with ADA requirements for total access to and inside the facility.

   4. (d) MEANS OF EGRESS

      1. 1. These facilities shall have two separate exits provided on every story and accessible from every part of every story. (Life Safety Code, Day-Care Occupancies Chapter).
      2. 2. The primary means of egress shall be a door no less than 32 inches in width.
      3. 3. Doors on facilities occupied by physically disabled persons shall comply with ADA Standards.

      4. 4. Every room or space normally subject to client occupancy, other than bathrooms, shall have not less than one operable window directly leading outdoors which opens without the use of tools, keys or special effort. Burglar bars requiring a key are not allowed, but those which use a thumb type locking device may be used. Existing facilities as defined herein (see 580-3-22-.02(8)) are exempt from this requirement. All new construction will comply with this standard.

         1. (i) Windows, including storm windows, shall provide a clear opening of not less than 5.7 square feet.
         2. (ii) The width shall be not less than 20 inches and the height shall be not less than 24 inches.
         3. (iii) The bottom of the window opening (sill) shall be not more than 44 inches above the floor.
         4. (iv) A window with dimensions of 20” x 24” has a clear opening of 3.3 Square feet. Therefore, either the height or width needs to exceed the minimum requirements to provide the required clear opening.
      5. 5. Means of egress shall be marked with illuminated exit signs.

   5. (e) RESTROOMS

      1. 1. A minimum of 1 restroom, (toilet and lavatory) shall be provided for each 15 persons or portion thereof including staff.
      2. 2. Restrooms shall have access from a common area of the facility.

   6. (f) ROOM CEILINGS AND HALLWAYS

      1. 1. The width of hallways shall be not less than 36 inches and the height not less than 7 feet 6 inches.
      2. 2. The height of room ceilings shall not be less than 7 feet 6 inches.
      3. 3. Existing facilities which fit the definition of this code will not be subject to the minimum ceiling height as stated above.

   7. (g) DOORS

      1. 1. Doors in the path of travel of the means of egress shall be not less than 32 inches wide and not less than 6 feet 8 inches high.
      2. 2. Restrooms and closet doors shall be not less than 24 inches wide.
      3. 3. Doors on facilities with physically disabled persons must comply with ADA standards.

      4. 4. Doors shall not have more than 2 locking devices.

         1. (i) No double key dead bolt locks are allowed.
         2. (ii) Keys shall be maintained by designated staff members at all times on the premises.
      5. 5. Any door in a required means of egress from an area having an occupant load of 100 or more persons shall be provided with panic hardware.

   8. (h) STAIRS

      1. 1. Stairs serving as a required means of egress shall be of permanent fixed construction and shall have handrails on both sides of the steps that are not less than 34 inches nor more than 38 inches above the surface of the tread.
      2. 2. In new construction, the minimum height of risers shall be a minimum of 4 inches and maximum of 7 inches in height, and a minimum tread depth of 11 inches.
      3. 3. In existing construction, the maximum height of risers shall be 8 inches and the minimum tread depth shall be 9 inches. Stairs shall be uniform in design.

   9. (i) PORCHES AND LANDINGS

      1. 1. Porches and landings shall have guardrails not less than 42 inches high when any portion of the porch or landing equals or exceeds 24 inches above ground level.
      2. 2. Open guards, other than approved existing open guards, shall have rails or an ornamental pattern such that an object 4 inches in diameter is not able to pass through any opening up to a height of 34 inches.

   10. (j) SEPARATION OF ROOMS

       1. 1. The laundry room shall be separated by a door or a wall from all food preparation or serving areas.
       2. 2. No bathroom shall open directly to any foodpreparation or serving area.

   11. (k) SMOKING REGULATIONS

       1. 1. Smoking is not allowed inside any facility.
       2. 2. Smoking is allowed only in designated exterior areas or on smoking porches which have ventilation. A nonflammable container shall be provided for disposal.

   12. (l) FLAMMABLES AND COMBUSTIBLES

       1. 1. Flammable or combustible liquids shall not be stored inside the facility.
   13. (m) OPEN FLAME DEVICES. No candles, incense, oil lamps or lanterns shall be allowed to be used inside the facility.

   14. (n) FIRE EXIT DRILLS

       1. 1. Unannounced fire exit drills shall be conducted monthly.
       2. 2. Fire exit drills shall be initiated by using emergency equipment.

       3. 3. A log of fire exit drills shall be kept available for review at each inspection.

          1. (i) Fire exit drills shall contain the date the drill was conducted, time of day drill was conducted, time taken to evacuate and clear the facility, number of people taking part in the drill and the signature of the person conducting the drill.
   15. (o) SEVERE WEATHER PLAN. A Severe Weather Plan, approved by the program’s executive director, will be developed for each site of the program and will be available for review.

   16. (p) COOLING/HEATING/VENTILATION

       1. 1. Windows and doors used for ventilation shall have screens which are maintained in good condition.
       2. 2. If a facility, home, or apartment is subject to DMH/MR certification (see 580-3-22-.01(8) and 580-3-22.13(1)), then the air temperature within the facility shall be maintainedbetween 70 and 80 degrees Fahrenheit measured at a distance of 3 feet above the floor.
       3. 3. Mechanical ventilation (exhaust fans) shall be installed in each bathroom.
       4. 4. Where commercial cooking equipment is provided, protection shall be in accordance with NFPA 96 (Standards for Ventilation Control and Fire Protection of Commercial Cooking Operations).
       5. 5. Approved domestic cooking equipment used for food warming or limited cooking shall not be required to be protected.

       6. 6. Gas stoves and cook tops shall be equipped with comparable size hoods, filters, operable lights and exhaust fans with outdoor ventilation.

          1. (i) Pilot lights on gas stoves and cook tops shall be maintained and operable.
       7. 7. Electric stoves not vented to the exterior must have hoods, charcoal filters, fans and lights. Electric stoves vented to the exterior must have hoods, fans and lights.
       8. 8. Ceiling fans shall be installed to maintain a minimum clearance of 7 feet between the finished floor and the ceiling fan blades.
       9. 9. Smoke detectors shall not be located under nor within 3 feet of ceiling fan blades or air supply diffusers or returns.
       10. 10. No heater shall have exposed electric elements and shall be equipped with tip-over devices for automatic shutoff.

       11. 11. Fireplaces and fossil-fuel stoves (wood burning) shall have partitions or screens or other means to prevent burns.

           1. (i) Fireplaces shall be vented to the outside.
           2. (ii) No unvented fuel heaters or gas logs are allowed.
           3. (iii) Gas fireplaces shall have a remote gas shutoffwithin the room and not inside the fireplace.

       12. 12. Wood burning or gas logs cannot be used as a primary heat source.

           1. (i) DMH/MR approval must be obtained for emergency use only on a case by case basis.
           2. (ii) Emergency use of a fireplace as a primary heat source must be approved by DMH/MR. In its request the facility must represent, and be able to document, that the fireplace has been inspected and cleaned in the past 2 years.

   17. (q) APPLIANCE/ELECTRICAL/COMMUNICATION

       1. 1. Facilities shall have equipment for the proper preparation and serving of food as determined by the size and functions of the facility.
       2. 2. Space and equipment shall be provided for receiving and storage, preparation, cooking, serving, dining and dishwashing.
       3. 3. Appliances shall be maintained clean and in working condition.
       4. 4. Non-operable appliances and/or equipment shall be repaired or removed from the premises.

       5. 5. Refrigerators shall be maintained at a constant temperature of 45 degrees Fahrenheit or below and freezers shall be maintained at a constant temperature of 0 degrees Fahrenheit or below.

          1. (i) Thermometers shall be maintained inside refrigerators and freezers.
       6. 6. For all new construction, electrical outlets located within rooms containing a water source shall be GFCI type outlets or shall be connected to a GFCI breaker. Existing facilities, as defined herein, shall have GFCI type outlets in kitchens and bathrooms, or the outlets in those rooms shall be connected to a GFCI breaker.
       7. 7. No extension cords shall be used as a permanent wiring source.
       8. 8. Multi-plug type electrical devices shall be equipped with an approved in-1ine surge protector or breaker.
       9. 9. For a new facility, a letter from a licensed electrician shall be provided stating that wiring, panels and fixtures are safe and adequate, installed in accordance with local, state and national electrical codes. The licensed electrician letter shall be on company letterhead with name, address, contact number and electrician license number. Facilities providing written documentation of code compliance from a state or local building official shall be exempt from this standard.
       10. 10. Electrical breaker/fuse panels shall contain interior cover plates and blank covers where breakers are missing.
       11. 11. Electrical breaker/fuse panels are required to have operational locks.
       12. 12. Breakers/fuses shall be labeled as to the location of the circuits.
       13. 13. Telephone service shall be provided in each facility.

   18. (r) WATER TEMPERATURE

       1. 1. Heated water shall be supplied to each lavatory, shower, bathtub, kitchen sink, dishwasher, and clothes washer at the required minimum and maximum temperature.

       2. 2. Hot water temperature shall be maintained between 110 degrees and 120 degrees Fahrenheit in facilities containing bathing facilities.

          1. (i) If the hot water temperature exceeds the maximum temperature of 120 degrees Fahrenheit on two (2) consecutive inspections, a scald guard or mixing valve shall be installed within thirty (30) calendar days of the date of the last inspection.

   19. (s) LIGHTING

       1. 1. Lighting on the interior and the exterior of the facility shall have proper size and type light bulbs installed.2. Light fixtures and lamps shall have shields, globes, protective tubes or shades in good condition.

          1. 3. Lighting in domestic exhaust vent hoods above kitchen stoves shall be the shatter resistant (Teflon coated) light bulbs or be protected with shields as provided by the hood manufacturer.

   20. (t) WATER SUPPLY

       1. 1. Water supply shall be provided under pressure and obtained from an approved local water authority.
       2. 2. If a private water source is used, the operator of the facility shall obtain approval from local health department to ensure safe location, construction, maintenance and operation of the system.
       3. 3. The water shall be tested annually and documentation maintained at the facility for review.

   21. (u) PLUMBING/SEWAGE

       1. 1. Plumbing shall be functional and in good working order.
       2. 2. Sewage and liquid waste shall be disposed of in accordance with city, county, and state regulations.
   22. (v) CONTROL OF INSECTS/RODENTS. Proper measures for year-round control of insects, rodents, and other outdoor vermin shall be taken.

   23. (w) SOLID WASTE

       1. 1. Kitchen garbage shall be stored in approved containers with tops or lids in place at all times.
       2. 2. Garbage containers shall be cleaned and emptied on a frequent basis.

   24. (x) LAUNDRY

       1. 1. Dryers shall be properly vented to the outdoors and provided with space blocks of proper size to prevent crimping of the exhaust hose.2. Area behind washers and dryers shall be maintained in a clean manner.

   25. (y) INTERIOR FINISH (FLOOR COVERINGS, WALLS, CEILINGS)

       1. 1. Floor coverings, walls and ceilings shall be maintained free of dirt, holes and excessive stains.
       2. 2. Floor coverings shall be properly secured to sub-flooring.
       3. 3. Carpeting, if used as a floor covering, shall be properly installed, easily cleaned and maintained in good repair.
       4. 4. Carpeting is prohibited in kitchens and restrooms.
   26. (z) FURNITURE. Broken furniture or furniture with torn upholstery shall be repaired or discarded.

   27. (aa) FOOD PREPARATION/STORAGE

       1. 1. Store opened perishable foods inside sealed containers inside the refrigerator.
       2. 2. Store reclaimed cooking oil inside sealed containers.
       3. 3. Store opened dry goods inside sealed containers. Dry goods removed from original containers must be dated and properly labeled.
       4. 4. There shall be no open air thawing of frozen meats.
       5. 5. Do not store cooking and eating utensils or food products under kitchen sink.
       6. 6. Food items are to be stored at a height of at least 6 inches above floor level.
       7. 7. Cleaning supplies shall be stored below food items.

   28. (bb) EXTERIOR

       1. 1. Deteriorated wood on the exterior of a facility shall be replaced.
       2. 2. When exterior paint shows chipping and peeling, facility shall be painted or be covered with artificial siding.
       3. 3. Non-slab constructed facilities shall have underpinning and access doors must be maintained in a closed position.
       4. 4. Ventilation openings on raised foundations shall have grills.

   29. (cc) OUTSIDE GROUNDS

       1. 1. Exterior areas shall have proper drainage with no standing water, open sewage, sink lines or defects of this nature.
       2. 2. The area shall be kept clean and free of tall grass or weeds.
       3. 3. There shall be no discarding of cooking waste, mop water and hazardous materials on exterior grounds.
       4. 4. There shall be no unprotected wells, natural or man-made hazards or other obvious physical danger (e.g. broken appliances, inoperable vehicles which do not have current license plates, broken furniture, rubbish, debris, etc.)
       5. 5. If a swimming pool is part of the facility, it shall be enclosed by a minimum 4 foot high fence with a locking gate. The pool shall be properly maintained and cleaned.

Author: DMH/MR Office of Life Safety and Technical Services

Statutory Authority: Code of Ala. 1975, §22-50-11.

History: New Rule: Filed November 21, 2008; effective December 26, 2008.