Kan. Admin. Regs. § 30-47-107

Current through Register Vol. 43, No. 49, December 5, 2024

Section 30-47-107 - Environmental requirements

(a) General building requirements.

(1) Each applicant, each permittee, and each licensee shall ensure that the center is connected to public water and sewage systems, where available. If public water and sewage systems are not available, each applicant shall obtain approval for any private water and sewage systems by the health authorities having jurisdiction over private water and sewage systems where the center is located.

(2) Each applicant, each permittee, and each licensee shall retain a licensed architect to develop the plans for any newly constructed building or for any major addition or major alteration to an existing building.

(A) For a new building, preliminary plans and outline specifications, including plot plans, shall be submitted to the department for review before beginning the final working drawings and specifications. Each applicant, each permittee, and each licensee shall submit the final working drawings, construction specifications, and plot plans to the department for review and written approval before the letting of contracts.

(B) For an addition or alteration to an existing building, each applicant, each permittee, and each licensee shall submit a written statement defining the proposed use of the construction and detailing the plans and specifications to the department for review and written approval before beginning construction.

(C) If construction is not begun within one year of submitting a proposal for a new building or an addition or alteration to an existing building, each licensee shall re-submit the plans and proposal to the department before proposed construction begins.

(b) Location and grounds. Each permittee and each licensee shall ensure that the following requirements are met for the location and grounds of the center:

(1) Community resources, including health services, police protection, and fire protection from an organized fire department, shall be available.

(2) There shall be at least 100 square feet of outside activity space available for each juvenile allowed to utilize each outdoor area at any one time.

(3) The outside activity area shall be free of physical hazards.

(4) Juveniles residing in the center shall not share space at the same time with another child care facility for any indoor or outdoor activities.

(c) Swimming pools. Each permittee and each licensee shall ensure that the following requirements are met if a swimming pool is located on the premises:

(1) The pool shall be constructed, maintained, and used in a manner that safeguards the lives and health of the juveniles.

(2) Each aboveground swimming pool shall be at least four feet high or shall be closed by a barrier on all four sides that is at least four feet high with self-locking gate that is kept closed. Steps shall be removed and stored away from the pool when the pool is not in use.

(3) Each aboveground pool with a deck or berm that provides a ground-level entry on any side shall be treated as an in-ground pool and shall meet the following:

(A) Swimming pools shall have a barrier on all sides at least four feet high.

(B) Swimming pools shall have their methods of access through the barrier equipped with a safety device, including a bolt lock.

(4) The pool shall be cleaned. The chlorine level and pH shall be tested before each use. The results of these tests shall be recorded and available. Each pool that is unable to be emptied after each use shall be equipped with a working pump and filtering system.

(5) An individual with current certification in CPR who can swim shall be in attendance while any juvenile is using a swimming pool.

(6) Each swimming pool shall be equipped with a life-saving device that is sufficient length to reach the center of the pool from each edge of the pool.

(7) Legible safety rules shall be posted for the use of a swimming pool in a conspicuous location.

(d) Structural requirements and use of space. Each permittee and each licensee shall ensure that the center's design, structure, interior and exterior environment, and furnishings promote a safe, comfortable, and therapeutic environment for the juveniles.

(1) Each center shall be accessible to and usable by individuals with disabilities.

(2) Each center's structural design shall facilitate personal contact and interaction between staff members and juveniles.

(3) Each sleeping room shall meet the following requirements:

(A) Each room shall be assigned to and occupied by only one juvenile. No juvenile's room shall be in a basement.

(B) The minimum square footage of floor space shall be 80 square feet.

(C) The minimum ceiling height shall be seven feet eight inches over at least 90 percent of the room area.

(D) An even temperature of between 68 degrees Fahrenheit and 78 degrees Fahrenheit shall be maintained, with an air exchange of at least four times each hour.

(E) Each sleeping room shall have a source of natural light.

(4) Access to a drinking water source and toilet facilities shall be available 24 hours a day.

(5) A separate bed with a level, flat mattress in good condition shall be provided for each juvenile. All beds shall be above the floor level. Each mattress has water-proof covering or shall be water-repellent and washed down and sprayed with disinfectant before reissue. The mattress materials and treatments shall meet the applicable requirements of the state fire marshal's regulations.

(6) Clean bedding, adequate for the season, shall be provided for each juvenile. Bed linen shall be changed at least once a week and whenever soiled.

(7) Adequate space for study and recreation shall be provided.

(8) Each living unit shall contain the following:

(A) Furnishings that provide sufficient seating for the maximum number of juveniles expected to use the area at any one time; and

(B) writing surfaces that provide sufficient space for the maximum number of juveniles expected to use the area at any one time and furnishings that are consistent with the needs of the juveniles.

(9) Each center shall have adequate central storage for household supplies, bedding, linen, and recreational equipment.

(10) If a center has one or more dayrooms, each day-room shall provide space for a variety of juvenile activities. Dayrooms shall be situated immediately adjacent to the juveniles' sleeping rooms but separated from the sleeping rooms by a floor-to-ceiling wall. Each dayroom shall provide at least 35 square feet for each juvenile expected to use the dayroom area at any one time.

(11) Each room used for sports and other physical activities shall provide floor space equivalent to at least 100 square feet for each juvenile utilizing the room for those purposes at any one time.

(12) sufficient space shall be provided for visitation between juveniles and visitors. The center shall have space for the screening and search of juveniles and visitors, if screening and search are included in the center's policies and procedures. Private space shall be available for searches as needed. Storage space shall be provided for the secure storage of visitors' coats, handbags, and other personal items not allowed into the visitation area.

(13) A working telephone shall be accessible to staff members in all areas of the building. Emergency numbers, including those for the fire department, the police, a hospital, a licensed physician, the poison control center, and an ambulance, shall be posted by each telephone.

(14) A service sink and a locked storage area for cleaning supplies shall be provided in a room or closet that is well ventilated and separate from kitchen and living areas.

(15) The following requirements shall be met for bathrooms and drinking water at the center:

(A) For each eight or fewer juveniles, at least one toilet, one lavatory, and either a bathtub or a shower shall be provided. All toilets shall be above floor level.

(B) Each bathroom shall be ventilated to the outdoors by means of either a window or a mechanical ventilating system.

(C) Toilet and bathing accommodations and drinking water shall be in a location accessible to sleeping rooms and living and recreation rooms.

(D) Drinking water and at least one bathroom shall be accessible to the reception and admission areas.

(E) Cold water and hot water not exceeding 120 degrees Fahrenheit shall be supplied to lavatories, bathtubs, and showers.

(F) Liquid soap, toilet paper, and paper towels shall be available in all bathrooms.

(e) Building maintenance. Each permittee and each licensee shall ensure that the following requirements are met for building maintenance of the center:

(1) Each building shall be clean at all times and free from vermin infestation.

(2) The walls shall be smooth, easily cleanable, and sound. Lead-free paint shall be used on all painted surfaces.

(3) The floors and walking surfaces shall be kept free of hazardous substances at all times.

(4) The floors shall not be slippery or cracked.

(5) Each rug or carpet used as a floor covering shall be slip-resistant and free from tripping hazards. A floor covering, paint, or sealant shall be required over concrete floors for all buildings used by the juveniles.

(6) All bare floors shall be swept and mopped daily.

(7) A schedule for cleaning each building shall be established and maintained.

(8) Washing aids, including brushes, dish mops, and other hand aids used in dishwashing activities, shall be clean and used for no other purpose.

(9) Mops and other cleaning tools shall be cleaned and dried after each use and shall be hung on racks in a well-ventilated place.

(10) Pesticides and any other poisons shall be used in accordance with the product instructions. These substances shall be stored in a locked area.

(11) Toilets, lavatories, sinks, and other such accommodations in the living areas shall be cleaned each day.

Kan. Admin. Regs. § 30-47-107

Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; adopted by Kansas Register Volume 43, No. 21; effective 6/7/2024.