9 CAR § 31-1012 – Buildings

(a) No facility shall be located in:
1. (1) A shopping center;
2. (2) A strip mall; or
3. (3) Any other buildings that are used for commercial activity.
(b) Unused or vacant portions of a facility shall not be rented, leased, loaned, or otherwise occupied by any commercial or other business entity, or private individuals, not associated with the facility or its management.
(c) All buildings used by children or staff shall be inspected and approved annually for fire safety by fire department officials.
(d) All buildings used by children or staff shall be inspected and approved annually for health and sanitation as required by the Department of Health.
(e) All buildings shall comply with local zoning ordinances and land use requirements where those exist.
(f) All buildings and furnishings shall be:
1. (1) Safe;
2. (2) Clean; and
3. (3) In good repair.
(g) Licensing shall be notified of any changes to buildings that:
1. (1) Affect usage, size, or capacity; or
2. (2) Are structural changes.
(h) Building usage shall be approved by licensing prior to resident occupancy, and all required inspections, permits, and authorizations shall be provided.
(i) Any modification to buildings used by children or an increase in capacity shall require inspection and approval by the fire department and Department of Health, if applicable.
(j) All parts of buildings used as living, sleeping, or bath areas shall have a heating, ventilating, and air conditioning source that keeps the temperature to a:
1. (1) Minimum of sixty-five degrees (65°); and
2. (2) Maximum of eighty-five degrees (85°).
(k)
1. (1) The facility shall provide a living area that has at least thirty-five square feet (35 sq. ft.) of floor space per child.
2. (2) The dining area and indoor recreation area may be included in this space.
(l) The facility shall provide a dining room.
(m) The facility shall have a kitchen.
(n) Seclusion rooms shall meet the following criteria:
1. (1) At least thirty-five square feet (35 sq. ft.) of floor space;
2. (2) Sufficient lighting with a shatterproof and recessed light fixture that is beyond the reach of the child;
3. (3) A door that is able to be opened from the outside, at all times, without use of a key or a removable locking device;
4. (4) A door with a shatterproof observation window; and
5. (5) Located reasonably near to the staff work area.
(o) Areas used by children shall be designed, constructed, and furnished to reduce risk of suicide and assault, including without limitation:
1. (1) Light fixtures that are recessed or abut to the ceiling;
2. (2) No wooden or wire hangers;
3. (3) Nonbreakable windows and mirrors;
4. (4) No loose wires, cords, chains, or ropes;
5. (5) Sturdy, well-constructed furniture that cannot be broken for use as a weapon or means of self-inflicted injuries; and
6. (6) Children’s personal items that contain cords, pull-ties, strings, or other parts that could be used to inflict self-injury shall not be left in the child’s room unless the dangerous component has been removed.
(p)
1. (1) Manufactured homes used as residential facilities shall be tied down and underpinned as required by the Arkansas Manufactured Home Commission.
2. (2) The home shall obtain an inspection and approval from the commission prior to being licensed.