Mo. Code Regs. Ann. tit. 13, § 35-71.080
Buildings, Grounds and Equipment
Effective Oct 30, 2008sections 210.481, RSMo (1986), 210.486 and 210.506, RSMo (Cum. Supp. 1993).* This rule originally filed as 13 CSR 40-71.080. Original rule filed Nov. 9, 1978, effective Feb. 11, 1979. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Moved to 13 CSR 35-71.080, effective Oct. 30, 2008. *Original authority: 210.481, RSMo (1982), amended 1985 and 210.486 and 210.506, RSMo (1982), amended 1993Children's Division
PURPOSE: This rule sets forth requirements for the physical plant, sanitation, safety and fire protection, space and equipment.
(1) Physical Plant—General Requirements.
- (A) Plans for additional buildings or alterations which affect the structural strength, safety, sanitary conditions and floor space of existing buildings, shall meet the requirements of state and local ordinances. The plans for these buildings or alterations shall be submitted for review by the residential licensing unit, the State Fire Marshal and the Department of Health.
- (B) If construction is not started within one
(1) year of the approval of plans, the plans and specifications shall be resubmitted to the same agencies prior to beginning construction.
- (C) An agency shall maintain its buildings, grounds, furniture and equipment in good repair.
- (D) Each facility shall be effectively safeguarded against insects and rodents.
- (E) Each facility housing children shall include areas and specialized recreational space, and shall properly equip, supply and maintain these areas so as to promote relaxation and varied opportunities for recreation.
- (F) Telephone service shall be available in each facility.
- (G) An agency operating a swimming pool shall maintain a file to provide documentation that the pool is operated and maintained in accordance with all applicable local ordinances, state guidelines, or both.
- (2) Administrative and Clerical Space. Adequate space shall be provided for administrative and clerical staff and for the storage of records.
- (3) Interview and Consultation Area. A private area shall be provided for interviews and consultations.
(4) Sleeping Rooms and Areas.
- (A) An agency licensed after the effective date of these rules (November 12, 1993) shall provide a sleeping space for each child of at least seventy (70) square feet.
- (B) An agency licensed after the effective date of these rules (November 12, 1993) shall provide at least one (1) window in each sleeping room.
- (C) No enclosed basement rooms or rooms that are more than one-third (1/3) below ground level on all four (4) sides shall be used. Each sleeping room, unless it has a door opening to the outside at ground level, shall have an exit access door leading directly to a corridor which leads to an exit. Exit doors shall comply with existing fire and safety requirements.
- (D) Each child shall be provided with his/her own bed which shall be adequate in width and length for his/her height.
- (E) Sleeping areas shall be designated and provided for boys and for girls to allow for maximum supervision and separation. Programs providing care for children through age three (3) are not required to separate children according to gender. Consideration for waiving the age limit may be given to programs providing less than seventy-two (72)- hour care to enable programs to keep sibling groups together.
- (F) An agency licensed, or buildings constructed, after the effective date of these rules (November 12, 1993), shall house no more than four (4) children in a single sleeping area.
- (G) Single beds shall be provided and spaced appropriately to allow for maximum comfort of the children. Bunk beds may be used, if age-appropriate, and shall be constructed of safe, stable materials.
- (H) Each bed shall have level, firm springs and a firm mattress or other comfortable, orthopedically supportive surface, protected by rubber sheeting or other covering, when necessary. A pillow, bed linen and sufficient cover for comfort shall be provided.
- (I) A complete change of bed linen shall be provided when soiled, but at least once a week.
- (J) Children shall have sufficient closet and drawer space for clothing and personal belongings.
- (5) Staff Quarters. When staff quarters are provided, they shall be located adjacent to the children’s bedrooms so that children can be supervised easily and staff can be available to any child when needed.
(6) Bath and Toilet Facilities.
- (A) A minimum of one (1) toilet and one
(1) wash basin shall be provided for every four (4) children and one (1) tub or shower shall be provided for every six (6) children in residence. In agencies licensed after the effective date of these rules (November 12, 1993), these accommodations shall be located on the same floor as the sleeping rooms.
- (B) Separate and private bathroom accommodations shall be provided for boys and for girls ages six (6) years or older.
- (C) The facility shall have a window or other exhaust ventilation system in each bathroom.
- (D) Hot water heating systems and water temperature shall be routinely monitored to ensure safety of children.
- (7) Laundry and Utility Area. Laundry equipment shall be available in a well-lighted and well-ventilated area.
- (8) Heating and Cooling. Moderate temperatures which are comfortable to children shall be provided at all times. Each facility shall be well-ventilated.
(9) Electrical Systems.
- (A) Each facility’s electrical system shall comply with all applicable local ordinances, state guidelines, or both.
- (B) Artificial lighting shall be provided to meet the needs of the children.
(10) Windows, Screens and Glass Doors.
- (A) Windows which are accessible from the outside shall be lockable and open easily from the inside. The manufacturer’s designed functions of windows shall not be altered.
- (B) Open windows and doors shall be securely screened and barriers to prevent children from falling against windows or falling from window openings shall be provided as needed.
- (C) Shatterproof safety glass shall be installed in high risk areas where children are active, and clear glass doors shall be marked plainly at varying heights to avoid impact.
(11) Dining and Kitchen Area.
(A) Each facility shall have a kitchen which provides the following:
- 1. A refrigerator capable of maintaining
foods at safe temperatures;
- 2. A stove with a hood in operating con-
dition;
- 3. A kitchen sink in operating condition
with hot and cold running water;
- 4. Adequate provision for the sanitary
disposal and temporary storage of food waste and refuse;
- 5. A supply of equipment to prepare
meals, and dishes, glassware and flatware for use at each meal. Utensils shall be free of chips, cracks or other defects, and shall be thoroughly cleansed after each use;
- 6. Equipment used in the preparation
and serving of food, including can openers, meat slicers and cutting surfaces which shall be cleaned and sanitized after each use;
- 7. No smoking in food preparation and
food service areas;
- 8. Dining areas equipped with tables and
chairs appropriate to the children’s ages, and arranged so that children and staff can have their meals together;
- 9. Dishwashing facilities with water hot
enough to sanitize utensils or other approved sanitization method;
- 10. A window or other adequate exhaust
ventilation system in each kitchen;
- 11. Adequate space and light; and
- 12. Walls, floors and ceilings made of
materials that are easy to clean and maintain.
(12) Food Storage.
- (A) Food and drink shall be stored, prepared, displayed, served and transported in a manner to protect it from contamination.
- (B) In food service areas, each facility shall store and use only sufficient poisonous and toxic materials required to maintain sanitary conditions. Toxic materials shall be properly labeled and stored in secure cabinets which are used for no other purpose.
(13) Water.
- (A) If a facility’s water supply is not an approved public source, each facility shall have its water supply annually approved by the Department of Health or Department of Natural Resources.
- (B) Each facility shall provide cool, safe drinking water and single-serving cups or glasses for those unable to drink from fountains.
(14) Sewage Disposal.
- (A) The agency shall utilize public sewage disposal systems when they are available.
- (B) If the agency does not utilize public sewage disposal systems, facilities shall have their sewage disposal systems approved biennially by the Department of Health or Department of Natural Resources.
- (15) Hazardous Materials. All flammable liquids, matches, poisonous materials, medicines, alcoholic beverages, hazardous 13 CSR 35-71
personal care items or other hazardous items shall be inaccessible to children. Any lawful, authorized use of such materials would be under the approval of the executive director of the residential care agency.
(16) Weapons.
- (A) Ammunition, guns, hunting knives, bows and arrows or other weapons shall be stored in a locked cabinet or locked closet.
- (B) All guns also must have trigger locks installed.
AUTHORITY: sections 210.481, RSMo (1986), 210.486 and 210.506, RSMo (Cum. Supp. 1993).* This rule originally filed as 13 CSR 40-71.080. Original rule filed Nov. 9, 1978, effective Feb. 11, 1979. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Moved to 13 CSR 35-71.080, effective Oct. 30, 2008. *Original authority: 210.481, RSMo (1982), amended 1985 and 210.486 and 210.506, RSMo (1982), amended 1993.