105 Mass. Reg. 451.020

Current through Register 1523, June 7, 2024
Section 451.020 - Definitions

Terms as used in 105 CMR 451.000 shall be interpreted as set forth below unless the context or subject matter clearly requires a different interpretation. Words and phrases not expressly defined in 105 CMR 451.000 shall be interpreted according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in sanitary science or in Department practice shall be interpreted according to such meaning.

Cell means any room or group of rooms within a correctional facility used or intended to be used by a prisoner for living and sleeping.

Commissioner means the Commissioner of Public Health appointed pursuant to M.G.L. c. 17, § 2.

Committed Offender means a person convicted of a crime and committed under sentence to a correctional facility.

Correctional Facility means any building, enclosure, space or structure used for the custody, control, and rehabilitation of committed offenders and of such other persons as may be placed in custody therein in accordance with law, as defined by M.G.L. c. 125, § 1. "Correctional facility" includes state and county correctional facilities, but does not include facilities operated under the jurisdiction of the Department of Youth Services.

Corrosion-Resistant Material means a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, and sanitizing solutions which may come in contact with it.

Department means the Department of Public Health established pursuant to M.G.L. c. 17.

Detainee means a person placed in custody in a correctional facility who is accused of a crime but not yet tried.

Easily Cleanable means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

Employee means any person who works in correctional facility, but who is not an inmate.

Existing Facility means a correctional facility in operationon the effective date of 105 CMR 451.000. but does not include portions of the facility not in operation on the effective date of 105 CMR 451.000, nor a facility or portion of a facility temporarily taken out of use after the effective date of 105 CMR 451.000 for major construction or renovations.

Exterminate means to eliminate insects and rodents.

Facility means a state or county correctional facility.

Fire Retardant means having or providing comparatively low flammability or flame spread properties.

Food Service Department means the food preparation, storage and service areas of a correctional facility.

Garbage means the animal, vegetable, or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food, unless such containers and cans have been cleaned or prepared for recycling.

Habitable Space means any space used or intended to be used for living, sleeping, cooking, or eating purposes.

Inmate means a committed offender, detainee, or such other person as is placed in custody in a correctional facility.

Jail or House of Correction means any correctional facility operated by one of the counties of the Commonwealth.

New facility means any facility first used as a correctional facility after the effective date of 105 CMR 451.000.

Occupiable space means a room or enclosed space in which individuals congregate for educational, recreational or similar purposes, or in which individuals are engaged at labor.

Pre-Release Facility means a separate correctional facility, or part of a correctional facility, which houses inmates who are eligible for participation in work and other community release programs.

Program Director means the employee of the Department who, under delegation from and under the supervision of the Commissioner, is responsible with subordinate staff for carrying out the functions assigned the Department relative to correctional facilities.

Renovations means major structural repairs or major remodeling, such as the subdivision of a large open room into cells, bathing or toilet facilities, a food service area, or rooms for other correctional uses; or the gutting of interior space and reconstruction for correctional uses.

Rubbish means combustible and noncombustible waste material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tincans, metal, mineral matter, glass, crockery, dust, and the residue from the burning of wood, coal, coke and other combustible materials.

Sanitize means to apply effective bactericidal treatment to clean surfaces of equipment and utensils by a process which is effective in destroying microorganisms, including pathogens.

State Correctional Facility means any correctional facility owned, operated, administered or subject to control of the Department of Correction.

Stairway means any group of three or more risers.

Superintendent means the chief administrative officer of a state correctional facility.

105 CMR 451.020