SECTION 340:110-3-163. Buildings, utilities, and grounds regulations

  The requirements in this Section apply to all residential child care facilities constructed after June 15, 1990. Licensed facilities in operation June 15, 1990 continue to comply with the construction and safety regulations applicable to the issuance of their license.

(1)   Building. Buildings used to house residential child care facilities are structurally sound. Structures comply with the building code adopted by the Oklahoma State Fire Marshal Office, the plumbing code, mechanical code, and fuel gas code adopted by the Construction Industries Board and the latest edition of the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standards.

(A)   Exterior and interior surfaces are maintained in sound condition, free of holes, peeling paper, and paint.

(B)   Windows and doors are in good repair, and free of broken glass or hazards.

(C)   Floors are cleanable and in good repair.

(D)   All uncovered floors, including concrete and wood floors, are sealed.

(2)   Premises. The premises are maintained in accordance with the requirements listed in this paragraph.

(A)   The premises are free of harborage for insects, rodents, and other vermin.

(B)   Safe, effective measures are taken to minimize the presence of, and to protect against, the entry of vermin.

(C)   The premises are otherwise maintained free of hazards to children.

(D)   The premises are free of illegal drugs and paraphernalia.

(E)   Materials used to prevent egress of children such as barbed wire, electrical fencing, razor and concertina wire are prohibited.

(3)   Tobacco use. The facility prohibits the use of any tobacco product by residents. Smoking is prohibited in buildings used by residents or in the presence of residents. The facility prohibits staff members from using tobacco products in the presence of residents or in any rooms used by residents.

(4)   Screening. Every window, exterior door, hatchway, or similar device is rodent proof, reasonably water and weather tight, and is kept in working condition and good repair. During the portion of the year when there is a need for protection against mosquitoes, flies, and other flying insects, every door and window is provided with a 16-mesh, properly fitting screen. Air conditioned habitable areas are adequate to meet this requirement when properly operated unless vermin are able to enter to such extent that a nuisance or hazard is created.

(5)   Ventilation. Each habitable room must be ventilated. Window areas meet requirements of the State Fire Marshal. Non-habitable areas, such as bathrooms and food preparation areas, may provide other approved ventilation systems in lieu of windows or skylights. Adequately designed, maintained, and operated heating and cooling systems are deemed to meet the ventilation requirements.

(6)   Lighting. All areas used by residents are well-lighted.

(7)   Windows. Effective July 1, 2009 any new construction or existing space that has not been previously licensed as resident's sleeping quarters have an exterior window for natural lighting.

(8)   Laundry. Laundry areas are maintained in a clean, safe condition. Equipment is installed to meet safety requirements.

(9)   Water supply. The water supply is adequate, of a safe and sanitary quality, meets state quality standards, and is approved by the Oklahoma Department of Environmental Quality (DEQ).

(A)   When not on a public water supply, such as well water, water meets local and state testing requirements and is tested annually.

(B)   All areas where food is prepared or equipment, utensils, or containers are used have hot and cold water under pressure.

(10)   Sewage disposal. All sewage, including mop water, is disposed of in a public sewage system or, in its absence, in a manner approved by the DEQ.

(11)   Plumbing. Plumbing is sized, installed, and maintained in a safe manner and in accordance with the Oklahoma Plumbing License Act.

(A)   Plumbing constructed after June 1, 1987, is installed in compliance with the International Plumbing Code or applicable local ordinances.

(B)   Any cross-connection between the potable water supply and any nonpotable or questionable water supply, or any source of pollution through which the potable water supply might become contaminated is prohibited.

(C)   Water closets, lavatories, bathtubs, and showers are properly connected to a water and sewer system approved by the Construction Industry Board and are in good working condition.

(D)   Every lavatory basin and bathtub or shower is supplied with hot and cold water under pressure at all times.

(12)   Electrical. The electrical distribution system is sized, installed, and maintained in a safe manner and in accordance with the Oklahoma Electrical Licensing Act. Portions of the electrical system constructed, repaired, or replaced after June 1, 1987, are installed in compliance with the current National Electrical Code. Lighting is at least 20 foot candles at desk level.

(13)   Garbage and rubbish disposal. Prior to disposal, all garbage and rubbish containing food wastes or diapers are kept in leak-proof, non-absorbent containers and covered with tight-fitting lids when filled, stored, or not in continuous use.

(A)   The containers are adequate for the storage of all food waste and rubbish accumulating on the premises.

(B)   Each container is thoroughly cleaned when soiled.

(C)   Garbage disposal units, if used, are of suitable construction and installed in compliance with state and local standards.

(D)   All garbage and rubbish are disposed of frequently and in such a manner to prevent a nuisance.

(E)   All hazardous material is disposed of properly.

(14)   Swimming pools. In accordance with state law, swimming pools used by children in a residential facility are considered public bathing places and must meet the requirements of the Design Standards and Operational Criteria for Public Bathing Places of Oklahoma State Department of Health (OSDH).

(A)   If a private swimming pool is used, it then becomes a public pool and must meet the requirements of OSDH.

(B)   The use of portable pools is prohibited.

(C)   A certified life guard or person having a current water safety certificate or comparable certificate with cardio-pulmonary resuscitation and first aid is in attendance at all times when the pool is in use.

(15)   Animals.

(A)   Harboring animals on the premises is in accordance with local ordinances.

(B)   Animals may be kept on the premises only when the health and safety of each animal and the residents can be reasonably assured.

(C)   Animals with which residents have contact are maintained in a state of good health and are free of diseases communicable to humans.

(D)   Dogs and cats kept on the premises are vaccinated annually by a licensed veterinarian.

(E)   Areas of confinement are cleaned of excrement regularly. Animals are maintained in a visibly clean manner.

(F)   The OSDH is immediately notified as required by state law if a resident is bitten by an animal.

[Source: Amended at 10 Ok Reg 3663, eff 7-12-93; Amended at 18 Ok Reg 3331, eff 10-1-01 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 22 Ok Reg 35, eff 10-1-04 (emergency); Amended at 22 Ok Reg 921, eff 5-12-05; Amended at 26 Ok Reg 2239, eff 7-1-09]