Current through all regulations passed and filed through October 28, 2024
Section 5139-37-08 - Physical plant(A) The following standards are mandatory: (1) Male and female children do not occupy the same sleeping rooms.(2) All sleeping rooms in detention facilities shall have a minimum of: access to sanitation facilities to include: toilet(s) above floor level and wash basin(s) available for use twenty-four hours a day; access to drinking water, lighting in personal grooming areas, natural lighting from an opening or window or within twenty (twenty) feet of the room, hot and cold running water, a bed above floor level, and temperatures that are appropriate to the winter and summer climate zones. (3) The interior finishing materials in juvenile living areas, exit areas and places of public assembly are in accordance with applicable federal, state and/or local fire and building codes. The authority having jurisdiction annually documents compliance.(4) The detention center conforms to applicable zoning ordinances or through legal means is attempting to comply with or change such laws, codes or zoning ordinances.(5) Written policy shall require that under no circumstances shall a child confined in a detention center replace a janitor, maintenance, caretaking staff or other staff normally maintained for operations of the detention center. (B) The following standards are recommended: (1) Written policy and procedure and practice provide that the detention center director and/or designee, in conjunction with the detention center's governing body, shall develop and implement a system designed to detect building and equipment deterioration, safety hazards and unsanitary conditions, and to provide the proper reporting of needed correction or modification. Such policies and procedures shall include a written plan for a daily inspection of the detention center. Such inspection shall be recorded. Maintenance records shall be kept and subject to review by authorized personnel.(2) Written policy, procedure, and practice provide for the control of vermin and pests by licensed professionals as necessary.(3) Written policy, procedure and practice provide that programs comply with all applicable governmental regulations and standards. At a minimum, these policies cover the following: (a) Sanitation inspections (b) Water supply testing;(C) The following standards are mandatory for new plants and additions. Recommended for others: (new plants and/or additions will be any detention center built or added onto since the last review cycle as published November 24, 2003). (1) With the exception of the auditorium/gymnasium, the detention center shall contain air conditioning and a back-up ventilation system.(2) Water for showers is temperature-controlled to provide an appropriate mix of hot and cold water.(3) Hallways within living units and/or to and from living units shall be no less than six feet wide.(4) All housing units and places of assembly for fifty or more persons shall have a minimum of two exits.(5) Living units are designed for single occupancy sleeping rooms.(6) Sleeping rooms in which children are confined shall have a minimum of thirty-five square feet of unencumbered space per occupant.(D) The following standards are recommended: (1) If the detention center is on the grounds of any other type of correctional detention center, it is a separate self-contained unit.(2) The detention center perimeter is secured in such a way that children remain within the perimeter and that access by the general public is denied without proper authorization.(3) The average daily population for any given month does not exceed the rated capacity of the detention center.(4) The detention center is designed and constructed so that children can be grouped in accordance with a classification plan. There is a minimum of one single occupancy cell or room provided for observation of children having seriously illness, mental health issues, injuries or non-ambulatory children who may be held within the detention center.(5) The detention center operates with living units of no more than twenty-five children (see rule 5139-37-05 of the Administrative Code).(6) All dayroom areas provide for a minimum of: (a) Lighting as determined by the tasks to be performed with access to natural light.(b) One toilet for every twelve youth in male facilities and one for every eight children in female facilities. (c) One washbasin for every twelve youth that are operable with hot and cold running water in housing units.(d) Showers with thermostatically controlled temperatures ranging from one hundred to one hundred twenty degrees Fahrenheit at a minimum of one for every eight children.(e) A heating / ventilation system that provides appropriate temperature to the summer and winter comfort zones.(f) Thirty-five square feet of unencumbered floor space per child in the dayroom area.(g) Furnishings that provide sufficient seating and writing surfaces for eachchild in the dayroom at one time that is consistent with the security needs of the assigned child. (h) Access to a drinking fountain.(7) Adequate space is provided for the secure storage of janitorial supplies that are accessible to the living unit. Each area is to be equipped with a sink, cleaning implements and system of ventilation.(8) Adequate space is provided for the storage of security equipment that is located in an area readily accessible to authorized personnel.(9) The total combined indoor activity area to include the gymnasium, multipurpose room, library and all other leisure areas outside the living unit provides space equivalent to a minimum of one hundred square feet per child.(10) There are at least fifteen square feet of floor space per child for those occupying the dining room and/or dining area.(11) When the detention center provides food service, the kitchen is a separate and distinct area that includes space for food preparation based on the average daily population, type of food preparation and methods of meal service.(12) School classrooms are designed in conformity with local and state educational requirements.(13) Sufficient space is provided for a visiting room or area of contact visiting. There is adequate space provided for the screening and searching of a child and visitors. Space is provided for the storage of personal property of visitors that will not be permitted into the visitation area.
(14) There is an outdoor recreation area adequately designed to accommodate regularly scheduled recreation and group athletic activities.(15) There is adequate space for religious services.(16) When medical services are provided in house, the detention center has a medical room with medical examination facilities and/or appropriate equipment available.(17) When there is an observation and/or security room separate from the living unit, such room shall be equipped with accessible and useable plumbing fixtures and furniture appropriate for the safety of the confined child(18) There is interview space available in or near the living unit.(19) There is secure storage space provided for storage of a child's personal property that is accessible only to detention center personnel.(20) There is adequate storage available for clothing, bedding, detention center supplies and any other item required for daily operations.(21) Separate and adequate space is provided for electrical, security and mechanical equipment that is only accessible by designated staff.(22) There are provisions for adequate storage and loading areas for garbage disposal.(23) Adequate space is provided for administrative, security, professional and clerical staff. This space is to include appropriate restroom facilities separate from child living areas.(24) In parts of the facility that are accessible to the public, reasonable accommodation will be provided for access by handicapped staff and visitors.(25) Ventilation is available in the event of a power failure.(26) There is a written policy, procedure and practice designed to detect internal and external areas of building and equipment deterioration, safety hazards and unsanitary conditions. Such procedures shall include reporting practices needed for corrective measures and/or modifications.Ohio Admin. Code 5139-37-08
Five Year Review (FYR) Dates: 11/14/2023 and 11/14/2028
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 01/30/2009, 02/07/2014, 03/21/2016Five Year Review (FYR) Dates: 11/14/2018 and 11/14/2023
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 01/30/2009, 02/07/2014, 03/21/2016