PURPOSE: This rule prescribes physical plant requirements in day programs as required by section 630.710, RSMo.

Editor’s Note: The following material is incorporated into this rule by reference: 1) National Fire Protection, National Electrical Code 1993 (Batterymarch Park, Quincy, MA: National Fire Protection Association, 1992). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) The head of the program shall provide premises which are safe and suitable for the operation of a day program.

   1. (A) All windows, doors and vents used for ventilation or temperature control shall be properly maintained to repel rodents and insects by screens or controlled air currents.
   2. (B) Clear glass doors and large windows shall be marked plainly at varying heights to avoid impact.
   3. (C) Heating appliances such as wood stoves, fireplaces, space heaters, radiators and wall furnaces in spaces occupied by clients shall be protected by partitions, screens or other means approved by the department to safeguard clients from burns.
   4. (D) Walls, ceilings and floors shall be finished so as to be easily cleaned. They shall be free from splinters, cracks and chipping paint. Floor covering shall be in good condition. Lead-free paint shall be used for all painted surfaces. The physical plant shall be structurally sound and attractive inside and outside.
   5. (E) All flammable liquids, poisonous materials, medicines or other items potentially hazardous to clients shall be stored and locked so as to be inaccessible to the client. The use of these items shall be governed by the individualized program plan and supervised by program staff.
   6. (F) The program premises shall be clean and free from dirt and evidence of vermin (for example, bugs, insects or rodents).
   7. (G) Each program shall have a telephone in working order. Emergency numbers (including that of the local fire department, police department, ambulance, physician, hospital and placement office) shall be posted by the telephone. The phone shall be available to staff.
   8. (H) The program premises shall be dry, heated and well-ventilated. Temperature of the rooms shall be no less than sixty-eight degrees Fahrenheit (68°F) and no greater than eighty-five degrees Fahrenheit (85°F).
   9. (I) The day program shall provide adequate fencing around swimming pools, ponds, sewage lagoons, liquefied petroleum (LP) gas tanks and other potentially hazardous areas.

2. (2) The head of the program shall assure that indoor space meets the following requirements:

   1. (A) The program premises shall have at least forty (40) square feet of usable floor space for each client in the licensed capacity;
   2. (B) Floor space shall be measured wall-towall from the inside walls of areas used for clients’ activities;
   3. (C) Floor space shall not include kitchens, hallways, bathrooms, closets, staff lounge, office space or floor space occupied by furniture or shelving not used by the clients unless that area is also used in training, the need for which is documented by the clients’ individualized program plans;
   4. (D) The program premises shall have storage space for materials used by clients;
   5. (E) Space shall be provided for office equipment, the making and keeping of records and for transaction of business. This space shall not interfere with the clients’ program area; and
   6. (F) The day program shall have a ceiling height of at least seven feet ten inches (7'10") in all rooms used by clients except for bathrooms and hallways which shall have a ceiling height of at least seven feet six inches (7'6"). This subsection does not apply to any day program which was deemed licensed by the department on April 1, 1986, unless the program changes ownership or increases its licensed capacity.

3. (3) The head of the day program shall assure that restroom facilities meet the following requirements:

   1. (A) Toilet and handwashing facilities shall be in working order and convenient for the clients’ use;
   2. (B) Single-serving towels or electrical hand-drying devices, soap, hot and cold running water and toilet paper shall be provided and easily accessible for the clients; 9 CSR 40-9
   3. (C) Restrooms shall be clean, well-lighted and heated;
   4. (D) There shall be at least one (1) flush toilet and one (1) handwashing sink for each fifteen (15) clients or any additional fraction. Urinals are not counted in determining the one to fifteen (1:15) ratio;
   5. (E) Where toilet facilities are provided to serve members of both sexes and are designed for use by more than one (1) person at a time, separate restrooms shall be installed for each sex;
   6. (F) Each toilet shall have doors, curtains or partitions to provide privacy;
   7. (G) Day programs serving clients who have physical disabilities shall equip toilets and restroom fixtures for their use;
   8. (H) Restrooms shall be odor free and ventilated by means of operable windows or appropriate motorized exhaust systems; and
   9. (I) If the program serves incontinent clients, there shall be a designated area for changing clients, which provides mats, doors or privacy curtains, impermeable surface or disposable service, sanitizing or germicide wiper space, soap and an accessible water supply separated from drinking, dishwashing or food service areas.

4. (4) Day programs with clients who are physically disabled shall—

   1. (A) Be barrier-free;
   2. (B) Have grab bars, ramps and railings which are designed in compliance with the 1980 Standards of the American National Standards Institute, Inc. (ANSI), and which are maintained to function properly; and
   3. (C) Have means of egress which are large enough to accommodate wheelchairs and other mobility devices used in exiting, if persons in these devices are clients; the means of egress shall be a minimum of two feet eight inches (2'8") wide.
5. (5) The day program shall control the temperature of hot water at all taps accessible to clients by the use of thermostatic mixing valves, or by other means, to keep the temperature from exceeding one hundred fifteen degrees Fahrenheit (115°F). If clients are capable of using hot water or are in a training program for the use of hot water, the temperature of tap water shall not exceed one hundred twenty-five degrees Fahrenheit (125°F).
6. (6) Cool, safe drinking water approved by the appropriate state or local public health authority shall be available to clients at all times. Even if drinking fountains are provided, the day program also shall provide singleservice cups or glasses for those unable to drink from the fountain.
7. (7) If the day program’s water supply is not a community public water supply, the day program shall have its water supply meet drinking water standards promulgated by the Department of Natural Resources or Department of Health.

8. (8) The day program’s electrical system shall comply with all state and local laws and with the requirements of the National Electrical Code. The head of the program shall—

   1. (A) Provide sufficient and satisfactory artificial lighting and power to meet the demands of the program and needs of clients;
   2. (B) Prohibit use of extension cords; and
   3. (C) Submit at the time of initial application and after that, whenever modifications are made, to the licensing office a written statement from a professional electrician that the electrical system at the day program is in compliance with these rules.
9. (9) The plumbing within the day program shall comply with all state and local laws and with the requirements of a bona fide national plumbing code. The head of the program, at the time of initial application and after that, whenever modifications are made, shall submit to the licensing office a written statement from a professional plumber that the plumbing system at the program is in compliance with these rules.

10. (10) Persons making initial application or intending to construct new day programs or remodel existing day programs shall submit plans as follows:

    1. (A) Persons intending to construct new day programs or to remodel or make additions to existing licensed day programs shall submit two (2) copies of the plans and specifications prepared to scale. One (1) copy shall be submitted to the licensing office, the second copy to the state fire marshal. The plans shall include a narrative indicating the utilization of each area of the program. The architect or contractor shall certify in writing that the plans are in compliance with these licensing rules. The head of the day program shall not begin construction until the plans have been reviewed by the state fire marshal; and
    2. (B) Persons making initial application for licensing of an existing building shall submit to the licensing office a drawing of the interior floor plan, in approximate scale, and include a narrative indicating the utilization of each area of the facility.

AUTHORITY: sections 630.050 and 630.705, RSMo (1994). * Original rule filed Oct. 13, 1983, effective Jan. 15, 1984. Amended: Filed Feb. 4, 1986, effective July 1, 1986. Amended: Filed Jan. 2, 1990, effective June 11, 1990. Amended: Filed July 17, 1995, effective March 30, 1996. *Original authority: 630.050, RSMo (1980), amended 1993, 1995 and 630.705, RSMo (1980), amended 1982, 1984, 1985, 1990.