1. (a) Location. The facility shall conform to all applicable zoning ordinances.
2. (b) Safety. The facility and its furnishing shall conform to all applicable federal, state, and local fire, building, health and waste disposal codes.
3. (c) Exits. Facility exits shall be properly positioned, clear of obstruction, and permanently marked for evacuation in the event of fire or other emergency. All housing areas and places of assembly shall have a minimum of two exits.
4. (d) Storage. Closets for storage of nonflammable cleaning supplies and equipment shall be located in each principal area and shall be well ventilated. Flammable materials shall be stored in a well-ventilated area outside the facility.

5. (e) Safety Plan. Written policies shall promote the safety of residents, staff, and visitors. The policies shall be reviewed annually by a qualified municipal, county, or state fire marshal. These shall include, but shall not be limited to:

   1. (1) conformance with the Life Safety Code, NFPA 101 and/or applicable state and local fire safety codes. The Life Safety Code will not apply in geographic areas under the jurisdiction of a local government that has adopted fire protection ordinances that apply in that geographic area. Compliance shall be documented by the authority having jurisdiction;
   2. (2) maintenance of a current fire drill log;
   3. (3) proper disposal of combustible refuse;
   4. (4) a posted plan for prompt evacuation of the facility;
   5. (5) training of staff to conduct fire drills on all shifts and to implement written emergency plans;
   6. (6) procedures for use and control of flammable, toxic, and caustic materials; and
   7. (7) provisions to detect and promptly correct conditions hazardous to the health and safety of residents and staff.
6. (f) Population. The population in housing and living units shall not exceed the rated capacity of the facility. Written policies shall specify procedures to be followed in case the rated capacity is unavoidably exceeded. Such procedures shall specify steps to be taken to reduce the population to the rated capacity.
7. (g) Lighting. There shall be sufficient lighting available for the staff to adequately observe the residents and to perform assigned tasks.
8. (h) Lavatory. There shall be a toilet and washbasin for at least every five residents.

9. (i) Facility Design. All housing areas shall provide for the following:

   1. (1) a temperature controlled shower or bath for at least every ten residents;
   2. (2) heating, ventilation, and acoustical systems that promote healthful and comfortable living and working conditions for residents and staff; and
   3. (3) access to a drinking fountain.
10. (j) Co-located Facilities. If the short-term detention facility is located in the same building or is on the grounds of any type of adult corrections facility, it shall be a separate, self contained unit that complies with criteria set forth in the federal Juvenile Justice and Delinquency Prevention Act (42 U.S.C. 5601, et.seq.) and any subsequent amendments, rules and interpretive commentary passed or promulgated thereto after the effective date of this standard.

Source Note:The provisions of this §351.7 adopted to be effective September 30, 2002, 27 TexReg 7985.