105 CMR 450.00 — Minimum health and sanitation standards for DYS secure residential facilities

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

105 CMR 450.000: MINIMUM HEALTH AND SANITATION STANDARDS FOR DYS SECURE

RESIDEN TIAL FACILITIES Section

105 CMR 450.00 Minimum health and sanitation standards for DYS secure residential facilities

450.001 Purpose

450.001: Purpose

450.002 Authority

450.002: Authority

450.003 Citation

450.003: Citation

450.010 Scope

450.010: Scope

450.020 Definitions

450.020: Definitions

450.101 Blankets

450.101: Blankets

450.102 Linens

450.102: Linens

450.103 Pillows

450.103: Pillows

450.104 Mattresses

450.104: Mattresses

450.105 Beds

450.105: Beds

450.110 Toilet and Handwash Facilities Generally

450.110: Toilet and Handwash Facilities Generally

450.111 Toilet Supplies

450.111: Toilet Supplies

450.112 Access to Toilet Facilities

450.112: Access to Toilet Facilities

450.115 Shared Toilet and Handwashing Facilities

450.115: Shared Toilet and Handwashing Facilities

450.116 Location of Shared Facilities

450.116: Location of Shared Facilities

450.118 Toilet and Handwash Fixtures

450.118: Toilet and Handwash Fixtures

450.119 Night Soil Pots Prohibited

450.119: Night Soil Pots Prohibited

450.120 Bathing Facilities

450.120: Bathing Facilities

450.122 Privacy

450.122: Privacy

450.123 Shower Floors

450.123: Shower Floors

450.124 Maintenance

450.124: Maintenance

450.125 Water Supply

450.125: Water Supply

450.126 Drinking Water

450.126: Drinking Water

450.127 Hot Water for Showers

450.127: Hot Water for Showers

450.128 Hot Water for Handwash Sinks and Bathtubs

450.128: Hot Water for Handwash Sinks and Bathtubs

450.130 Sewage Disposal

450.130: Sewage Disposal

450.131 Maintenance of Plumbing and Gasfitting

450.131: Maintenance of Plumbing and Gasfitting

450.132 Cross-connections

450.132: Cross-connections

450.140 Adequate Ventilation

450.140: Adequate Ventilation

450.141 Screens

450.141: Screens

450.150 Food Service

450.150: Food Service

450.151 Common Cup Prohibited

450.151: Common Cup Prohibited

450.173 Tobacco

450.173: Tobacco

450.216 Toxic Materials Identified

450.216: Toxic Materials Identified

450.217 Storage of Toxic Materials

450.217: Storage of Toxic Materials

450.301 Necessary Clothing

450.301: Necessary Clothing

450.302 Laundry

450.302: Laundry

450.310 Recreational Opportunities

450.310: Recreational Opportunities

450.311 Recreational Space and Equipment

450.311: Recreational Space and Equipment

450.320 Bedroom Size

450.320: Bedroom Size

450.321 Bed Configuration

450.321: Bed Configuration

450.329 Friable Asbestos

450.329: Friable Asbestos

450.330 Heating

450.330: Heating

450.340 Illumination

450.340: Illumination

450.341 Natural Light in Bedrooms

450.341: Natural Light in Bedrooms

450.343 Electric Fixtures in Bedrooms

450.343: Electric Fixtures in Bedrooms

450.344 Illumination in Habitable and Occupiable Areas

450.344: Illumination in Habitable and Occupiable Areas

450.346 Safe Wiring

450.346: Safe Wiring

450.350 Structural Maintenance

450.350: Structural Maintenance

450.351 Handrails

450.351: Handrails

450.352 Bathroom Floors and Walls

450.352: Bathroom Floors and Walls

450.353 Maintenance

450.353: Maintenance

450.360 Protective Measures Against Pests

450.360: Protective Measures Against Pests

450.361 Extermination

450.361: Extermination

450.370 Garbage Storage

450.370: Garbage Storage

450.371 Rubbish Storage

450.371: Rubbish Storage

450.372 Cleaning of Garbage and Rubbish Containers

450.372: Cleaning of Garbage and Rubbish Containers

450.374 Disposal

450.374: Disposal

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

Section: continued

450.380 Access to Exits

450.380: Access to Exits

450.381 Unlocking of Doors

450.381: Unlocking of Doors

450.382 Evacuation Plan

450.382: Evacuation Plan

450.384 Certificate of Inspection

450.384: Certificate of Inspection

450.390 Noise Levels

450.390: Noise Levels

450.502 Severability

450.502: Severability

450.600 Variances

450.600: Variances

450.001 Purpose

450.001: Purpose The purpose of 105 CMR 450.000 is to provide minimum health and sanitation standards for DYS secure residential facilities. The Department is required to take cognizance of the health, comfort and convenience of all of the citizens of the Commonwealth and to advise the government concerning the location and other sanitary condition of any public institution. Pursuant to M.G.L. c. 111, § 21 the Department is required to make rules for houses ofdetention, and reformatories regarding the care and use of eating and drinking cups and dishes used for food, bedding, appropriate clothing for residents, ventilation of buildings, and minimum plumbing facilities for human habitation, and the generalhealthand safety of the resident.

450.002 Authority

450.002: Authority 105 CMR 450.000 is adopted under authority of M.G.L. c. 111, §§ 2, 5, and 21 and c. 30A, § 3.

450.003 Citation

450.003: Citation 105 CMR 450.000 shall be known, and cited as, 105 CMR 450.000: Minimum Health and Sanitation Standards and Inspection Procedures for DYS Secure Residential Facilities.

450.010 Scope

450.010: Scope 105 CMR 450.000 applies to every DYS Secure Residential Fac ility operated by, or for, the Department of Youth Services.

450.020 Definitions

450.020: Definitions The words, terms or phrases listed in 105 CMR 450.020, for the purpose of 105 CMR 450.000, shall be defined as follows: Administrator means the chief administrative officer of a DYS secure residential facility. Commissioner means the Commissioner of the Department of Public Health appointed pursuant to M.G.L. c. 17, § 2. Department means the Department of Public Health established pursuant to M.G.L. c. 17. DYS means the Department of Youth Services established pursuant to M.G.L. c. 18A. DYS Secure Residential Facility means any facility, building, enclosure, operated by, or under contract to, the Department of Youth Services and characterized by locked entrances and exits, and other physically restrictive construction intended to prevent a resident from departing without the approval of the Department of Youth Services. Said facility may include space within a house of detention, detention center, house of correction or reformatory operated by, or under contract to the Department of Youth Services pursuant to M.G.L., c. 120, § 1, for the secure detention of committed juvenile offenders and of such other juveniles as may be placed in custody therein. Easily Cleanable means readily accessible and ofsuchmaterialand finish, and so fabricated that residue may be completely removed by normal cleaning methods.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.020 continued

450.020: continued Existing Facility means a DYS secure residential facility in operation on January 2, 2003, but does not include portions of the facility not in operation on January 2, 2003, nor a facility or portion of a facility temporarily taken out of use after January 2, 2003 for major construction or renovations. Exterminate means to eliminate insects, rodents, and other pests. Facility means a DYS secure residential facility. Fire Retardant means having or providing comparatively low flammability or flame spread properties. 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. New Facility means any facility first used as a DYS secure residential facility after January 2, 2003. 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. Program Director means the employee of the Department of Youth Services who, under delegation from and under the supervision of the Commissioner, is responsible with subordinate staff for carrying out the functions assigned by the Department relative to DYS secure residential facilities. Said program director shall also mean a contractor serving in this capacity in a secure residential facility under contract with DYS. Renovations means major remodeling or structural repairs such as the subdivision, expansion or gutting and reconstruction of habitable or occupiable space for DYS secure residential facility purposes. Resident means a client of the Department of Youth Services who is a juvenile offender in the care and custody of a DYS secure residential facility Rubbish means combustible and noncombustible waste material, except garbage, and includes but is not limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, cans, 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 by a process that is effective in destroying microorganisms, including pathogens. Stairway means any group of three or more risers.

450.101 Blankets

450.101: Blankets Each resident shall be provided with blankets sufficient to maintainpersonalcomfort. Blankets shall be replaced when worn. Each blanket shall be cleaned between use by different residents. If used continuously by one individual, each blanket shall be cleaned at least every three months, and more often if needed.

450.102 Linens

450.102: Linens Each resident shall be provided with two clean sheets, a pillow case, and two towels. This linen shall be in good condition and cleaned at least once each week or more often if necessary.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.103 Pillows

450.103: Pillows Each resident shall be provided with at least one fire-retardant pillow, in good condition. Every pillow shall be cleaned between use by different residents.

450.104 Mattresses

450.104: Mattresses Each resident shall be provided with a clean, comfortable and fire-retardant mattress in good condition. Mattresses that produce toxic gases when ignited are not allowed. Each mattress shall be renovated or replaced when soiled or when otherwise necessary. Each mattress shall be covered with a material that is easily cleanable, fire-retardant and does not produce toxic gases when burned.

450.105 Beds

450.105: Beds Each resident shall be provided with a bed in good condition, elevated at least eight inches off the floor.

450.110 Toilet and Handwash Facilities Generally

450.110: Toilet and Handwash Facilities Generally Adequate and conveniently located toilet and handwashing facilities shall be provided for all residents and employees of each facility. A handwashing sink shall be located near each toilet.

450.111 Toilet Supplies

450.111: Toilet Supplies At all times each toilet shall be supplied with toilet paper and each handwashing sink shall be supplied with soap and disposable towels or electric hand dryers. Adequate waste receptacles shall be conveniently located near all handwashing facilities.

450.112 Access to Toilet Facilities

450.112: Access to Toilet Facilities Each resident and each employee shall have access to a toilet and handwashing facility at all times.

450.115 Shared Toilet and Handwashing Facilities

450.115: Shared Toilet and Handwashing Facilities Each facility shall have at least one working toilet and one working handwashing sink with hot and cold running water for every six male residents and for every six female residents. Urinals may constitute up to one third of the number of male toilets required, but every bathroom shall contain at least one full toilet.

450.116 Location of Shared Facilities

450.116: Location of Shared Facilities All required toilet and handwash fixtures shall be located within 75 feet from the room of each resident expected to use them.

450.118 Toilet and Handwash Fixtures

450.118: Toilet and Handwash Fixtures Toilet and handwash fixtures shall be of sanitary design, free from defects and easily cleanable. Said fixtures shall be kept clean and free of objectionable odors.

450.119 Night Soil Pots Prohibited

450.119: Night Soil Pots Prohibited Night soil pots are prohibited.

450.120 Bathing Facilities

450.120: Bathing Facilities Each new facility, and each part of an existing facility that has been constructed or renovated after January 2, 2003, shall have at least one shower or bathtub with hot and cold running water for each six residents. Showerheads shall be spaced at least three feet apart with a minimum of nine square feet of floor space per unit. Showerheads shall be provided with flow control regulators allowing a flow of not more than three gallons per minute.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.122 Privacy

450.122: Privacy Separate toilet and shower rooms shall be provided for males and females.

450.123 Shower Floors

450.123: Shower Floors Shower floors shall be constructed of nonabsorbent, nonslippery material and sloped towards properly installed floor drains. The use of duckboards in a shower room shall not be permitted.

450.124 Maintenance

450.124: Maintenance Each toilet, handwash sink, bathing facility, and the surrounding area, shall be cleaned daily, and more often if needed, with hot water and an effective detergent and disinfectant and kept in good repair.

450.125 Water Supply

450.125: Water Supply Each facility shall have a water supply that is adequate in pressure and quantity from a source approved by the Department of Environmental Protection.

450.126 Drinking Water

450.126: Drinking Water Each resident and each employee shall have access at all times to water, meeting the conditions of 105 CMR 450.125, for normal drinking needs.

450.127 Hot Water for Showers

450.127: Hot Water for Showers Every shower shall be provided with a shower control valve calibrated to provide hot water at a temperature of 112°F in sufficient quantity and pressure to meet the ord inary hygiene needs of the residents.

450.128 Hot Water for Handwash Sinks and Bathtubs

450.128: Hot Water for Handwash Sinks and Bathtubs Everyhandwashsink and every bathtub shall be provided with hot water between the temperatures of 110°F to 13 0°F in sufficient quantity and pressure to meet the ordinary hygiene needs of the residents.

450.130 Sewage Disposal

450.130: Sewage Disposal Each facility shall have a sanitary drainage system connected to a public sanitary sewer system, or a private sewage disposal system approved by the Department of Environmental Protection.

450.131 Maintenance of Plumbing and Gasfitting

450.131: Maintenance of Plumbing and Gasfitting All plumbing and gasfitting shall be maintained in good repair and free from leaks. All plumbing and gasfitting shall conform to the State Plumbing Code at 248 CMR 2.00 et seq.

450.132 Cross-connections

450.132: Cross-connections Where the water supplyofthe facilityused for drinking or culinary purposes is physically connected with another water supply, both water supplies and the cross-connection shall be approved by the Department of Environmental Protection.

450.140 Adequate Ventilation

450.140: Adequate Ventilation Each resident and employee shall have adequate ventilation at all times. Each facility shall have ventilation of each habitable and occupiable space, bathroom and toilet compartment in compliance with 780 CMR: The State Building Code.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

440.141: Screens (A) Each window and door used for ventilation to the exterior shall have tight-fitting screens with a minimum of 16 mesh per square inch. Each screen door shall be equipped with a self-closing device unless the door is designed to slide from side to side. (B) Every required window screen other than those in a food preparation, service or storage area shall be in place and in good repair from April 15 through October 30.

450.150 Food Service

450.150: Food Service All facilities shall comply with the provisions of 105 CMR 590.000 et seq.: State Sanitary Code Chapter X – Minimum Sanitation Standards for Food Establishments.

450.151 Common Cup Prohibited

450.151: Common Cup Prohibited Common drinking cups are prohibited.

450.173 Tobacco

450.173: Tobacco Employees and residents shall not use tobacco in any form within a facility.

450.216 Toxic Materials Identified

450.216: Toxic Materials Identified Poisonous and toxic materials shall be prominently identified and used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or residents.

450.217 Storage of Toxic Materials

450.217: Storage of Toxic Materials When not in use, toxic materials shall be stored in labeled containers in cabinets equipped with locks which are used for no other purpose. Disinfectants, sanitizers and other cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides, or other poisonous materials.

450.301 Necessary Clothing

450.301: Necessary Clothing Each resident shall be provided with adequate clothing to preserve health and comfort at all times of the year.

450.302 Laundry

450.302: Laundry Each resident shall be provided access onno less than a weekly basis, to adequate laundry facilities for the purpose of washing personal laundry. If access to laundry facilities cannot be provided to the resident, the administrator shall provide at a minimum, weekly laundry service.

450.310 Recreational Opportunities

450.310: Recreational Opportunities Each resident shall be afforded a variety of opportunities for recreation and exercise sufficient for personal enjoyment and physical exercise outside of his bedroom. Outdoor exercise and recreation shall be provided when weather permits.

450.311 Recreational Space and Equipment

450.311: Recreational Space and Equipment The facility shall provide the residents with indoor and outdoor space and equipment that is clean, safe and adequate for active sports.

450.320 Bedroom Size

450.320: Bedroom Size A single occupancy bedroom shall contain at least 70 square feet of floor space. A multiple occupancy bedroom shall contain at least 50 square feet of floor sp a c e for each occupant. Measurements shall be calculated on the basis of total habitable room area, which does not include areas where floor-to-ceiling height is less than eight feet.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.321 Bed Configuration

450.321: Bed Configuration Beds shall be configured to provide a minimum of three feet between residents if single decked and 4½ feet if double decked. A distance of at least six feet shall be provided between the heads of sleepers. Triple bunks are prohibited.

450.329 Friable Asbestos

450.329: Friable Asbestos All asbestos containing material shallbe maintained in good repair and free of any defects including, but not limited to, holes, cracks, tears or any looseness that may allow the release of asbestos dust, or any powdered, crumbled or pulverized asbestos material. Any violation of 105 CMR 450.329 shall be corrected in accordance with regulations of the Department of Environmental Protection appearing at 310 CMR 7.15 and the regulations of the Department of Labor and Workforce Development appearing at 453 CMR 6.00 and with any other applicable statutes and regulations.

450.330 Heating

450.330: Heating Each facility shall provide heat for every bed room, bathroom and toilet compartment, and other habitable area, at a temperature of at least 68°F between 7:00 A.M. and 11:00 P.M. and at least 64°F between 11:01 P.M. and 6:59 A.M., every day other than during the period of June 15 th through th September 15 , in each year. The temperature shall at no time exceed 78OF during the heating season. For each degree less than -15°F that the temperature falls, the minimum temperature requirements may likewise be reduced by 1°F. The temperature shall be read at a height of three feet above floor level at any point in the room more than two feet from the inside of every exterior wall.

450.340 Illumination

450.340: Illumination Each facility shall provide natural and artificial illumination for each habitable space in accordance with 780 CMR: The State Building Code and 105 CMR 450.341 through 105 CMR 450.346.

450.341 Natural Light in Bedrooms

450.341: Natural Light in Bedrooms Each bedroom shall be located so that each resident can see natural light from his/her bedroom.

450.343 Electric Fixtures in Bedrooms

450.343: Electric Fixtures in Bedrooms Each bedroom shall contain for each resident, at least one wall convenience electric outlet and at least one electric light fixture containing a bulb of at least 60 watts that is conveniently located for reading, providing at least 100 foot-candles at desk level.

450.344 Illumination in Habitable and Occupiable Areas

450.344: Illumination in Habitable and Occupiable Areas Each facility shall have working electric fixtures, with bulbs, located so that illumination is available fo r the safe and reasonable use of every laundry, stairs, bathroom or toilet room, food se rvic e department, pantry, foyer, community corridor, recreation area, closet, and storage space.

450.346 Safe Wiring

450.346: Safe Wiring No wiring shall lie under a rug or other floor covering, nor extend through a doorway or other opening in a structural element. No temporary wiring shall be used or made available for use by residents or employees; provided, that extension cords which connect portable electric appliances to convenience outlets within the same room shall not be considered temporary wiring.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.350 Structural Maintenance

450.350: Structural Maintenance The foundations, floors, walls, doors, windows, ceiling, roofs, staircases, porches, chimneys, and other structural elements of the facility shall be maintained so that the facility excludes wind, rain, snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair, and in every way fit for the use intended. Further, every interior structural element shall be maintained free from holes, cracks, loose plaster, or other defect which renders the area difficult to keep clean, or which constitutes an accident hazard or provides insect or rodent harborage.

450.351 Handrails

450.351: Handrails A safe handrail and supporting baluster or other protective device shall be provided on both sides of every stairway meeting the requirements of 780 CMR: The State Building Code.

450.352 Bathroom Floors and Walls

450.352: Bathroom Floors and Walls The floors of every bathroom or toilet compartment and the walls to a height of 48" of every bathing place shall be constructed of non-absorbent material that is easily cleanable.

450.353 Maintenance

450.353: Maintenance The interior and exterior of the facility shall be maintained in good repair and in a safe, clean, orderly and sanitary condition, free from accumulation of dirt, garbage and rubbish.

450.360 Protective Measures Against Pests

450.360: Protective Measures Against Pests Effective measures shall be taken to protect against the entrance of, and the breeding or presence on the premises of rodents, flies, roaches, and other vermin and pe sts into the facility, and to exterminate such pests when they exist.

450.361 Extermination

450.361: Extermination Extermination shall be accomplished by eliminating the harborage places of insects and rodents, by removing or making inaccessible, materials that may serve as their food or breeding ground, by poisoning, spraying, fumigating, trapping, or by any other recognized and legalpest elimination method. Extermination shall be undertaken in a manner that is not hazardous to the health of residents or employees, and only by a person licensed to apply pesticides pursuant to M.G.L. c. 132B, § 10.

450.370 Garbage Storage

450.370: Garbage Storage Garbage or mixed garbage and rubbish shall be stored in a sanitary manner in watertight easily cleanable receptacles of metal or other durable non-absorbent material. The receptacles shall have tight-fitting covers and be inaccessible to insects and rodents.

450.371 Rubbish Storage

450.371: Rubbish Storage All rubbish shall be stored in a sanitary manner in rooms, enclosures, areas or containers which are adequate for the storage of all rubbish accumulating between periods of removal from the premises, and are constructed or lined with metal or other durable material which is non-absorbent, easily cleanable, and insect and rodent-proof.

450.372 Cleaning of Garbage and Rubbish Containers

450.372: Cleaning of Garbage and Rubbish Containers Each container, room or area used to store garbage or rubbish shall be thoroughly cleaned after each emptying or removal of garbage or rubbish. Each container shall be cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Suitable facilities and equipment, including hot water and detergent, shall be provided and used for washing such containers, rooms and areas.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

450.374 Disposal

450.374: Disposal All garbage and rubbish shall be disposed of with sufficient frequency and in such manner as to prevent the creation of objectionable conditions, such as odor or the breeding of insects and rodents. In sleeping rooms, kitchens, and other habitable areas, daily removal must occur. Ultimate disposal of garbage and rubbish shall be accomplished at locations approved by the Department of Environmental Protection.

450.380 Access to Exits

450.380: Access to Exits Each resident and employee shall have immediate access to at least two exit passages in the event of fire or other emergency. Access to common exits or passageways shall not be obstructed by any material or equipment not necessary for security purposes. (See 780 CMR: The State Buildin g Code.)

450.381 Unlocking of Doors

450.381: Unlocking of Doors Each facility shall have a system whereby all doors may be promptly unlocked to allow the rapid exit of the occupants in the event of fire or other emergency.

450.382 Evacuation Plan

450.382: Evacuation Plan Each facility shall have a written and rehearsed plan for fire and emergency evacuation. Said plan shall be submitted to the local fire department with a request for review and approval.

450.384 Certificate of Inspection

450.384: Certificate of Inspection Each facility shall have a current Certificate of Inspection. (See 780 CMR: The State Building Code.)

450.390 Noise Levels

450.390: Noise Levels Noise levels shall be kept to a level not psychologically or physically harmful to the residents.

450.502 Severability

450.502: Severability The Provisions of 105 CMR 450.000 are severable. If any provision shall be determined invalid by any court, such provision shall be null and void and such determination shall not affect or impair any of the remaining provisions.

450.600 Variances

450.600: Variances The Commissioner or his/her designee may vary the application of any provision of 105 CMR 450.000 with respect to any particular case when in his/her opinion, the enforcement thereof would do manifest injustice; provided that the decision of the Department shall not conflict with the spirit of these minimum standards or an other applicable statute, code or regulation. REGULATO RY AUTHO RITY 105 CMR 450.000: M.G.L. c. 111, §§ 2, 5, and 21.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH (PAGES 1861 THROUGH 1872 ARE RESERVED FOR FUTURE USE.)