Section 0250-04-08-.08 - PHYSICAL PLANT(1) No facility constructed or developed after January 1, 1995, shall be located in the same building or directly connected to any adult jail or prison facility complex.(2) Existing facilities located under the same roof or on the same grounds as an adult jail shall meet the criteria for physical separation, outlined in T.C.A. § 37-1-116(i)(2016 and as amended).(3) The following minimum provisions shall be made by each facility: (a) Sleeping areas shall be free from hazardous conditions that would facilitate suicide attempts or self-harm.(b) In new and existing facilities, all sleeping and activity areas shall have lighting of at least twenty (20) foot-candles to be measured three (3) feet off the floor. These measurements shall be taken and documented by an independent source, such as the state or local fire marshal, and shall be retested at least every three (3) years.(c) New and existing facilities shall have forced air ventilation in all sleeping and activity areas.(d) Facilities constructed or beginning operation after January 1991 shall have access to natural light in sleeping areas.(e) New and existing facilities shall maintain a temperature between sixty-five (65) degrees Fahrenheit and eighty (80) degrees Fahrenheit in sleeping and activity areas.(4) For new facilities, the minimum size of a single sleeping room shall be fifty (50) square feet of unencumbered floor space with a ceiling height of not less than eight (8) feet. All dimensions of room length and width for both single and multiple-occupancy room shall allow for a reasonable amount of useable floor space for any in-room activities of youth and one wall measurement shall be at least 7 feet. Any issues pertaining to sufficiency of room dimensions shall be determined by the Department's licensing office. Each room shall contain a bunk, a toilet and a lavatory.(5) Multiple sleeping rooms in new Juvenile Detention Centers shall not be designed to accommodate more than eight (8) youth. A minimum of thirty-five (35) square feet of unencumbered floor space for each youth shall be provided in such sleeping areas, with a ceiling height of not less than eight (8) feet. One wall measurement shall be at least seven (7) feet.(6) Juvenile Detention Centers with ten (10) or fewer permanent bed spaces shall not house in excess of their number of permanent bed spaces by more than two (2) youth at any time. Juvenile Detention Centers with eleven (11) or more permanent bed spaces shall not, except in exigent situations, exceed their number of permanent bed spaces by more than two (2) youth, or ten percent (10%) of the permanent bed space, whichever is greater, at any time. Any exception to compliance with this rule shall be noted in writing, shall include the administrator's signature to verify administrative review and shall not exceed seventy-two (72) hours in duration.(7) New Juvenile Detention Centers shall have a dayroom for each cluster of rooms. The dayroom shall offer a minimum of thirty-five (35) square feet of floor space per youth. Existing facilities are not required to provide dayrooms.(8) All facilities shall provide operable toilets and washbasins to youth held in the facility at a ratio of at least one (1) toilet and washbasin to every eight (8) youth and one (1) toilet and washbasin accessible to occupants of any single-occupancy room without their having to leave their room.(9) Facilities shall have at least one (1) operable shower for every sixteen (16) detained youth, which shall be accessible to youth without having to leave their designated area.(10) New Juvenile Detention Centers shall provide space inside the security perimeter, separate from living areas and administrative offices, for processing of youth as they are received and discharged from the facility. This space shall have the following components:(a) Pedestrian sally port;(b) Telephone facilities for detained youth to use;(c) Temporary holding rooms which have fixed benches to seat youth; and(d) A shower, toilet, and washbasin.(11) Existing facilities shall provide space where youth are received, searched, showered, and issued clothing, if provided by the facility, prior to assignment to the living quarters.(12) Provision shall be made for visitation areas.(13) Provision shall be made for a private room to allow for discussions between clergy, attorneys and others authorized by the juvenile court.(14) Each new Juvenile Detention Center shall have at least one (1) multi-purpose room for education, recreation and other activities.(15) Each new facility shall provide a secure outdoor recreation area with dimensions of at least thirty (30) feet by thirty (30) feet or an indoor recreation area of the same dimensions which has access to natural light.(16) Space shall be provided where a health care professional may conduct sick call, examine patients in privacy and provide medical treatment.(17) Every Juvenile Detention Center shall have a secure control center, staffed continuously, through which telephone and other communications are channeled. The location of the control center shall provide line of sight visibility or be equipped with a monitoring device. The control center shall monitor the operation of security and life safety systems.(18) Drinking fountains with potable water shall be located in all sleeping and activity areas of new facilities. In existing facilities, if the water from washbasins is potable, it shall not be necessary to add drinking fountains but sanitary drinking cups shall be available.(19) An emergency power source shall be available to activate at times of power failure. This emergency power source shall have sufficient capacity to operate security and evacuation electrical devices and equipment and to provide minimum lighting within the facility and its perimeter. The power source shall be checked for functional readiness quarterly and the dates logged.(20) Facilities using electric locks shall also ensure that those locks may also be opened manually.(21) Each facility shall have exit signs at each exit which are distinctly marked and continuously illuminated. Exits shall be kept clear and in usable condition.(22) Each facility shall be inspected and approved annually by the designated Fire Safety Authority and by representatives from the Tennessee Department of Health. The facility shall be in compliance with the applicable regulations and standards of these authorities, including the current Life Safety Code applicable to the facilities regulated hereunder in order to obtain or retain a license or approval to operate.(23) All kitchens, dining rooms and toilet areas shall contain operable floor drains.(24) There shall be rooms to accommodate each Juvenile Detention Facility's classification plan. Facilities that house both males and females shall have provisions to separate accordingly.(25) Plans for any new facility construction or renovation shall be in compliance with minimum standards recorded herein and be submitted to the Department and the State Fire Marshal's office for review prior to the start of construction.(26) Plans for any new facility construction or renovation shall include provisions for handicapped persons to have access to all facilities and services.(27) The use of padlocks and chains to secure housing areas is prohibited.(28) Any facility changing classification (e.g., Temporary Holding Resource changing to Juvenile Detention Center, etc.) shall meet all requirements of the new classification.(29) All glass in the facility (windows, vision panels, etc.) shall be safety glass. All new construction, after January 1, 1991, shall have all windows, vision panels, etc., made of a mar-resistant poly carbonate laminate.(30) The maintenance of hardware-secure rooms in Temporary Holding Resources shall be optional, with a maximum of two (2) occupants. At least half of the rooms in the facility shall be non-secure.Tenn. Comp. R. & Regs. 0250-04-08-.08
New rules filed March 17, 2017; effective 6/15/2017.Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.