105 CMR 470.00 — Maintenance and construction of lock up facilities

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

105 CMR 470.000: MAIN TEN AN CE AN D CO N STRUCTIO N O F LO CK UP FACILITIES

Section

105 CMR 470.00 Maintenance and construction of lock up facilities

470.001 Purpose

470.001: Purpose

470.002 Authority

470.002: Authority

470.003 Citation

470.003: Citation

470.010 Scope

470.010: Scope

470.020 Definitions

470.020: Definitions

470.100 Beds

470.100: Beds

470.101 Benches

470.101: Benches

470.102 Bedding

470.102: Bedding

470.103 Mattresses

470.103: Mattresses

470.150 Common Cups Prohibited

470.150: Common Cups Prohibited

470.151 Disposable Drinking Cups

470.151: Disposable Drinking Cups

470.200 Service of Food

470.200: Service of Food

470.250 Common Towels Prohibited

470.250: Common Towels Prohibited

470.251 Storage of Disposable Towels

470.251: Storage of Disposable Towels

470.300 Night Soil Pots Prohibited

470.300: Night Soil Pots Prohibited

470.301 Detainee Access to Flush Toilet and Handwash Sink

470.301: Detainee Access to Flush Toilet and Handwash Sink

470.302 Flush Toilets Required

470.302: Flush Toilets Required

470.303 Handwash Sinks

470.303: Handwash Sinks

470.304 Facilities to be of Sanitary and Safe Design

470.304: Facilities to be of Sanitary and Safe Design

470.305 Hot Water

470.305: Hot Water

470.306 Sewage Disposal

470.306: Sewage Disposal

470.307 Plumbing Fixtures to be Sanitized

470.307: Plumbing Fixtures to be Sanitized

470.308 Floor Drains

470.308: Floor Drains

470.309 Installation and Maintenance of Plumbing

470.309: Installation and Maintenance of Plumbing

470.310 Potable Water

470.310: Potable Water

470.350 Ventilation

470.350: Ventilation

470.351 Ventilation Shut-off

470.351: Ventilation Shut-off

470.352 Heating

470.352: Heating

470.353 Louvers and Grille Work

470.353: Louvers and Grille Work

470.375 Lighting Required

470.375: Lighting Required

470.376 Location of Artificial Light Source

470.376: Location of Artificial Light Source

470.377 Design of Light Fixture

470.377: Design of Light Fixture

470.400 Location of Cells

470.400: Location of Cells

470.401 Location of Juvenile Cells

470.401: Location of Juvenile Cells

470.402 Location of Female Cells

470.402: Location of Female Cells

470.403 Size of Cells

470.403: Size of Cells

470.404 Type of Construction

470.404: Type of Construction

470.405 Finish of Cell Walls and Ceilings

470.405: Finish of Cell Walls and Ceilings

470.406 Finish of Cell Floors

470.406: Finish of Cell Floors

470.407 Bars to be Inaccessible

470.407: Bars to be Inaccessible

470.408 Cells to Have Audio Devices

470.408: Cells to Have Audio Devices

470.409 Security Devices

470.409: Security Devices

470.410 Asbestos

470.410: Asbestos

470.411 Storage of Materials

470.411: Storage of Materials

470.430 Smoke Detector System

470.430: Smoke Detector System

470.440 Evacuation Plan

470.440: Evacuation Plan

470.450 Removal of Clothing

470.450: Removal of Clothing

470.500 Inspections

470.500: Inspections

470.510 Inspection Reports

470.510: Inspection Reports

470.520 Plan of Correction

470.520: Plan of Correction

470.600 Hearings

470.600: Hearings

470.700 Judicial Review

470.700: Judicial Review

470.800 Construction Approval Required

470.800: Construction Approval Required

470.850 Variances

470.850: Variances

470.900 Severability

470.900: Severability

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.001 Purpose

470.001: Purpose The purpose of 105 CMR 470.000 is to protect the health, safety, and well-being of the occupants of lockup facilities and the general public, by setting the minimum sanitation and construction/design standards for such facilities.

470.002 Authority

470.002: Authority 105 CMR 470.000 is adopted under the authority of M.G.L. c. 111, §§ 3, 20, 21, and 22 and c. 40, § 36B.

470.003 Citation

470.003: Citation 105 CMR 470.000 shall be known as 105 CMR 470.000: Maintenance and Construction of Lockup Facilities.

470.010 Scope

470.010: Scope (A) 105 CMR 470.000 shall apply to all lockup facilities in the Commonwealth regardless of date of construction or location, with the exception of those facilities described in 105 CMR 470.010(B). (B) The provisions of 105 CMR 470.000 shall not apply to correctional facilities operated by the Department of Corrections or by the counties, nor to detention centers operated by the Department of Youth Services.

470.020 Definitions

470.020: Definitions As used in 105 CMR 470.000 the following terms shall have the following meanings: Cell means any room within a lockup used or intended to be used for forced detention of an adult for longer than eight hours until such time as s/he is released, bailed or arraigned. Cell shall also mean a juvenile detention room. Cell block means the area(s) within the lockup facility designed for the custody of male, female, or juvenile detainees.

Commissioner means the Commissioner of the Department of Public Health or his/her designee.

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

c. 17. Detainee means a person, having been arrested, or held in protective custody in a lockup. Such person has not been sentenced and is held in the lockup pending arraignment, release or transfer to another facility. Easily cleanable means readily accessible and ofsuchmaterial and finish, and so fabricated, that residue may be completely removed by normal cleaning methods. Holding cell means any room within a lockup used or intended for use for forced detention of an adult for not more than eight hours between the time s/he is brought to the facility and is booked or released. Lockup means those facilities, or parts of facilities, within police station houses or sub- stations or elsewhere that are used for forced detention of individuals taken into custody by authorized law enforcement authorities.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.100 Beds

470.100: Beds All cells constructed after the effective date of 105 CMR 470.000 shall have for each detainee, a raised platform or bed, which is at least 12 inches off the floor. The bed or platform shall have a minimum dimension of 31 x 72 inches. Said bed or platform shall be securely anchored to the floor and/or wall, and shall be of such design and condition so as to minimize the opportunity for accidental injury or suicide.

470.101 Benches

470.101: Benches Each holding cell shall have a bench or benches of at least 24 inches in length for each person said holding cell is designed to hold. They shall be securely anchored to the floor and/or wall, and shall be of such design and condition so as to reduce the opportunity for injury or suicide.

470.102 Bedding

470.102: Bedding (A) Sufficient blankets shall be provided upon request, to maintain the warmth of any detainee. Supplied blankets shall: (1) be fire retardant; (2) be maintained in a clean and sanitary condition; and (3) be stored out of the cell in closed storage when not in use. (B) Blankets may be withheld from a detainee who is deemed suicidal, violent, or destructive, and who will not be subject to constant personal supervision.

470.103 Mattresses

470.103: Mattresses Mattresses, if provided, shall be fire retardant and non-toxic.

470.150 Common Cups Prohibited

470.150: Common Cups Prohibited The use of common drinking cups is prohibited. (M.G.L. c. 111, § 8)

470.151 Disposable Drinking Cups

470.151: Disposable Drinking Cups Only disposable drinking cups shall be provided and they shall be stored in such receptacles or containers so as to prevent contamination.

470.200 Service of Food

470.200: Service of Food When used for the service of food, dishware shall be single service paper. Utensils, if provided, shall be single service. All dishware and utensils shall be disposed of after their use.

470.250 Common Towels Prohibited

470.250: Common Towels Prohibited The use of a common towel is prohibited. (M.G.L. c. 111, § 8)

470.251 Storage of Disposable Towels

470.251: Storage of Disposable Towels Disposable, single service hand towels shall b e provided and stored in such a manner so as to prevent contamination or soiling.

470.300 Night Soil Pots Prohibited

470.300: Night Soil Pots Prohibited The use of night soil pots is prohibited.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.301 Detainee Access to Flush Toilet and Handwash Sink

470.301: Detainee Access to Flush Toilet and Handwash Sink An individual detained in a holding cell or cell that does not contain a flush toilet or handwash sink shall upon request be escorted to and allowed to use a flush toilet and handwash sink which is located in proximity to his/her cell.

470.302 Flush Toilets Required

470.302: Flush Toilets Required Every cell constructed after January 1, 1979 shall contain a working flush toilet. Said toilet shall contain a molded, integral seat. The toilet should be flush to the floor and wall. The use of squat toilets is prohibited.

470.303 Handwash Sinks

470.303: Handwash Sinks Every cell constructed after January 1, 1979 shall contain a handwash sink. Each handwash sink shall be connected to running hot and cold water.

470.304 Facilities to be of Sanitary and Safe Design

470.304: Facilities to be of Sanitary and Safe Design (A) Each toilet and handwash sink shall be of sanitary design and easily cleanable. (B) All toilet and handwash facilities installed after the effective date of 105 CMR 470.000 should be of stainless steel construction. (C) All handwash sinks shall be equipped with push button controls for the control of water. If the flush mechanism for the toilet is located within the cell, a push button flush control mechanism shall be provided.

470.305 Hot Water

470.305: Hot Water Each of the required handwash sinks shall have hot water provided within a range of 110° and 130°F. 407.306: Sewage Disposal Toilets and handwash sinks shall be connected to a municipal sewage disposal system or to a subsurface sewage d isp o sal system which has been approved by the local board of health in accordance with 310 CMR 15.00: Subsurface Disposal of Sanitary Sewage (Title V).

470.307 Plumbing Fixtures to be Sanitized

470.307: Plumbing Fixtures to be Sanitized Each toilet and handwash sink, and the surrounding area, shall be cleaned daily, when in use, with hot water and an effective detergent disinfectant. It is recommended that a chlorine solution with a 0.5% free chlorine residual be used.

470.308 Floor Drains

470.308: Floor Drains (A) In all lockups constructed after the effective date of 105 CMR 470.000 a floor drain(s) shall be provided. These floor drains shall be located outside of the cells. (B) Floor drains should be connected to a drain line separate from the one to which the cells' toilets and wash basins are connected. (C) The floor of the cells shall be so sloped that water will flow in the direction of the floor drain(s).

470.309 Installation and Maintenance of Plumbing

470.309: Installation and Maintenance of Plumbing (A) All plumbing shall be installed and maintained in accordance with 248 CMR 2.01 et seq. the Massachusetts Plumbing Code.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.309 continued

470.309: continued (B) In all lockups constructed after the effective date of 105 CMR 470.000, there shall be emergency water supply shut-off valves readily accessible only to the facility staff.

470.310 Potable Water

470.310: Potable Water There shall be a supply of water sufficient in quantity and pressure to meet the ordinary needs of the occupants of the lockup, connected with the public water supply system or with any other source approved by the local board of health.

470.350 Ventilation

470.350: Ventilation (A) Mechanical ventilation shall be provided in accordance with the requirements of 780 CMR Massachusetts State Building Code. (B) In all cells constructed after the effective date of 105 CMR 470.000, exhaust air from the cells shall be ducted to the exterior.

470.351 Ventilation Shut-off

470.351: Ventilation Shut-off Each mechanical ventilation system in lockups constructed after the effective date of 105 CMR 470.000, shall be equipped with a readily accessible means for either exhaust shut-off or volume reduction for times when the cell block is not in use.

470.352 Heating

470.352: Heating Each holding cell and cell shall, during periods of occupancy, be heated to a temperature of at least 65°F every day from October 1 to May 31 inclusive. The temperature shall at no time exceed 78°F during the heating season. The temperature is read at a height of three feet above floor level at any point in the cell more than two feet from any exterior wall.

470.353 Louvers and Grille Work

470.353: Louvers and Grille Work In lockups constructed after the effective date of 105 CMR 470.000, any grille work or louver in a holding cell or cell shall be so designed and installed as to prevent its use in assisting a detainee in attempting suicide. Particular attention shall be paid to eliminating sharp edges and holes that could be used for tying foreign objects.

470.375 Lighting Required

470.375: Lighting Required Lighting shall be provided so that within each holding cell and cell there is a minimum intensity of 20' foot candles at a height of 30" inches above the floor.

470.376 Location of Artificial Light Sources

470.376: Location of Artificial Light Sources The light source shall be direct lighting within each holding cell or cell, or indirect lighting from outside the cell with the light focused into the cell.

470.377 Design of Light Fixture

470.377: Design of Light Fixture In each holding cell or cell constructed after the effective date of 105 CMR 470.000, direct lighting shall be provided by a light fixture of tamper-proof design, so located as to make it inaccessible to the detainee.

470.400 Location of Cells

470.400: Location of Cells The lockup area should be located proximate to the detainees' entrance, and shall be separate from all public areas within the station house.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.401 Location of Juvenile Cells

470.401: Location of Juvenile Cells Juvenile detainees shall be located so that they are apart from adult detainees.

470.402 Location of Female Cells

470.402: Location of Female Cells Female detainees shall be separated by sight from male cells.

470.403 Size of Cells

470.403: Size of Cells (A) Eachsingle occupancy cell constructed after the effective date of 105 CMR 470.000 shall contain a minimum of 48 square feet of floor area. (60 square feet recommended) In double occupancy cells there shall be a minimum of 80 square feet. Floor to ceiling height shall be at least seven and one half feet. No cell shall be constructed to serve more than two occupants. (B) Each holding cell constructed after the effective date of 105 CMR 470.000 shall contain at least 70 square feet with a floor to ceiling height of at least seven and one half feet. There shall be 30 square feet of floor space for each additional occupant beyond two.

470.404 Type of Construction

470.404: Type of Construction All lockups constructed after the effective date of 105 CMR 470.000 shall be constructed of fire resistive material in accordance with 780 CMR the Massachusetts State Building Code.

470.405 Finish of Cell Walls and Ceilings

470.405: Finish of Cell Walls and Ceilings The walls and ceilings of holding cells and cells sha ll b e a light color and easily cleanable. If painted, the paint shall be non-lead based, and fire retardant.

470.406 Finish of Cell Floors

470.406: Finish of Cell Floors All floors of holding cells and cells shall be easily cleanable. The y sha ll be surfaced with a non-absorptive finish that is not slippery when wet.

470.407 Bars to be Inaccessible

470.407: Bars to be Inaccessible All cells shall have, in accordance with Massachusetts law (M.G.L. c. 40, § 36B), a protective covering of high impact, transparent plastic over all bar structures accessible to persons detained in a cell. Holding cells and cells constructed after the effective date of 105 CMR 470.000 shall not have any barred structures.

470.408 Cells to Have Audio Devices

470.408: Cells to Have Audio Devices In accordance with Massachusetts law (M.G.L. c. 40, § 36B), at least one cell within each cell block shall have installed within it, but beyond the access of any person detained within such cell, an electronic audio system, whereby a police officer or other lockup personnel at the duty desk within such lockup is brought within audible range of such cell. However, no such electronic audio system is required to be installed if at least one cell within each cell block is within audible range of the duty desk without electronic assistance.

470.409 Security Devices

470.409: Security Devices Each lockup shall, in accordance with Massachusetts law (M.G.L. c. 40, § 36B), have installed within each cell block an electronic security device which will record the times of cell checks by police officers or other lockup personnel. Such device shall be positioned so that a cell check cannot be recorded until the police officer or other personnel has walked past each occupied cell.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.410 Asbestos

470.410: Asbestos There should be no friable asbestos present in any lockup.

470.411 Storage of Materials

470.411: Storage of Materials Holding cells, cells and cell blocks shall not be used for the storage of combustible or toxic materials.

470.430 Smoke Detector System

470.430: Smoke Detector System Each lockup shall have an automatic smoke detector system in accordance with 780 CMR the Massachusetts State Building Code.

470.440 Evacuation Plan

470.440: Evacuation Plan Each lockup should have a written evacuation plan which specifies the route of evacuation, and subsequent disposition and housing of detainees.

470.450 Removal of Clothing

470.450: Removal of Clothing Individuals placed in a holding cell or cell, who are deemed suicidal, violent, or self-destructive and who will not be subject to constant, personal supervision shall be relieved of articles of clothing or personal belongings which could be used for the purpose of attempting suicide. These articles shall include, but are not necessarily limited to, shoe laces, neckties, scarves, belts, socks, ribbons, matches and cigarette lighters.

470.500 Inspections

470.500: Inspections (A) Inspection Authority. In order to properly carry out its responsibility under 105 CMR 470.000 and to properly protect the health and well-being of the citizens of the Commonwealth, the Department or its authorized agent is authorized to enter, examine, or survey at any reasonable time such lockups as it considers necessary. (B) Inspection Frequency. The Department shall inspect each lockup at least once a year.

470.510 Inspection Reports

470.510: Inspection Reports (A) The De p a rtment shall file a report of its findings and recommendations with respect to the compliance of each lockup with 105 CMR 470.000, with the chief executive officer of the appropriate municipality or state agency. (B) Copies of the report shall also be sent by the Department to the Secretary of Human Services, the appropriate chief of police or other superintendent or administrator of the lockup, and the General Court.

470.520 Plan of Correction

470.520: Plan of Correction The chief executive officer of a municipality or state agency shall respond to a notice of non-compliance with a plan of correction within 21 days of receipt of said notice of non-compliance. The plan of correction shall indicate what action has been, or will be taken to correct the areas of non-compliance. If corrections have not already been made, an estimated date of correction shall be provided.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.600 Hearings

470.600: Hearings (A) If the Commissioner determines that the plan of correction is inadequate to protect the health and well-being of a citizen of the Commonwealth, or if no plan of correction is received within the required time, he/she may cause a p ub lic hearing to be held. The notice of hearing shall be sent by the Department to the chief executive officer of a municipality or state agency not later than 21 days after the plan of correction is or should have been received by the Department. (B) At the hearing the executive officer(s) of the municipality or the appropriate state agency or their designee(s) shall be given an opportunity to be heard and to show why the lockup should not be closed. (C) Within 14 days after the hearing, the Commissioner shall make a determination as to whether the subject lockup shall be closed and shall inform the municipality or state agency of his/her decision in writing. If closure is ordered, the lockup shall remain closed until it is found to be in compliance with 105 CMR 470.000 and receives written notification from the Department to that effect.

470.700 Judicial Review

470.700: Judicial Review Any person aggrieved by the final decision of the Commissioner with respect to the closure of any lockup may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth.

470.800 Construction Approval Required

470.800: Construction Approval Required (A) No lockup shall be built or renovated until the Department has approved, in writing, the plans for the provisions for lighting, heating, ventilation and plumbing, the dimensions and form of construction and the location of the cells. (B) For approval, the municipality or state agency shall submit to the Department two copies of the stamped architectural and mechanical drawings and one copy o f the sp e cifications showing the provisions for lighting, heating, ventilation and plumbing, sewage disposal, the dimensions and form of construction and the location of the cells. The mechanical engineer shall certify, in writing, that the ventilation design will provide the required number of air changes per hour in each cell. (C) Any lockup which fails to comply with the provisions of 105 CMR 470.800 may be ordered to close by the Commissioner until the Department has approved the plans and has inspected the lockup.

470.850 Variances

470.850: Variances (A) The Commissioner may vary the application of any provision of 105 CMR 470.000 with respect to any particular case when, in his/her opinion, the enforcement thereof would do manifest injustice, provided that the decision of the Commissioner shall not conflict with the spirit of these standards. Any variance granted shall be in writing. A copy of such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town or appropriate state agency for which it is granted. (B) Any variance may be subject to such qualification, revocation, suspension, or expiration as the Commissioner expresses in his/her grant.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

470.900 Severability

470.900: Severability If any section, paragraph, sentence, clause, phrase or word of 105 CMR 470.000 shall be declared invalid for anyreason whatsoever, that decision shall not affect any other portion of 105 CMR 470.000, which shall remain in full force and effect; and to this end the provisions of 105 CMR 470.000 are hereby declared severable. REGULATO RY AUTHO RITY 105 CMR 470.000: M.G.L. c. 111, § 3, 20, 21 and 22; M.G.L. c. 40, § 36B.