Kan. Admin. Regs. § 28-4-277 - Environmental standards

Current through Register Vol. 40, No. 39, September 30, 2021

(a) General requirements.
(1) Community resources, such as schools, churches, recreational and health services, police protection and fire protection from an organized fire department, shall be available to the facility.
(2) The building shall meet the legal requirements of the community as to building codes, zoning, and fire protection. Where local fire regulations do not exist, fire safety approval shall be obtained from the state fire marshal.
(3) Plans for constructing a proposed building or for any major addition or alteration shall be the responsibility of a licensed architect.
(A) New buildings. Preliminary plans and outline specifications including plot plans shall be submitted to the Kansas department of health and environment for review prior to commencing construction.
(B) Additions or alterations. A written statement defining the proposed use of the construction shall accompany the plans and specifications. The statement shall be submitted to the Kansas department of health and environment for review prior to beginning construction.
(4) If construction is not commenced within the year, plans and proposals shall be resubmitted to the department before proposed construction begins.
(b) Premises.
(1) There shall be sufficient outside play space available as determined by the number and ages of residents.
(2) The outdoor play area shall be free of physical hazards including bodies of water, ravines, and drainage ditches.
(3) Playground equipment, such as climbing apparatus, slides and swings, shall be provided as appropriate for the age of residents, and shall be firmly anchored. A hard-surfaced area or gravel shall not be used under anchored play equipment.
(4) Each facility shall develop a written maintenance policy which shall be followed. The facility and outside area shall be maintained in good condition and shall be clean at all times, free from accumulated dirt, trash, vermin and rodent infestation. Garbage and outdoor trash containers shall be covered. Contents of outdoor containers shall be removed at least weekly.
(5) The structure of the facility shall be large enough to house the number of residents for which the facility was planned, the staff, substitute staff and children of the staff who are to live in it.
(6) Living rooms and indoor play space shall have proper heating, cooling, lighting and ventilation. There shall be adequate space for recreation and study.
(7) All quarters occupied by the residents shall have lighting of a minimum of 20 foot candles in all parts of the room. There shall be lighting of a minimum of 35 foot candles in areas used for reading, study or other close work.
(8) There shall be a telephone located in each facility and readily available.
(9) Windows and doors shall be screened as needed unless areas are air conditioned.
(10) Low windows and glass doors which present a hazard to children shall be effectively screened and guarded.
(11) All stairs shall be provided with sturdy handrails.
(12) The facility shall contain adequate central storage for household supplies, bedding, linen, out-of-season clothing, luggage and play equipment in addition to adequate closet and storage space in bedrooms for the residents and child care staff.
(A) Asbestos shall not be used in new or remodeling construction.
(B) If friable asbestos is present, it shall be covered and sealed so as to provide a protective barrier between the asbestos and the occupants of the building.
(14) Floors shall be smooth, free from cracks, and easily cleanable. They shall not be slippery. Floor covering for living quarters shall be required over concrete slabs in contact with the ground.
(15) Walls shall be smooth, easily cleanable and in sound condition.
(16) Electrical outlets within the reach of children under six years shall be covered with safety devices.
(17) Appropriate physical facilities, equipment and furnishings shall be provided.
(18) Care for children with handicapping conditions. Care for non-ambulatory children shall be provided on the ground floor. All exits and steps shall have ramps properly equipped with cross-treads. Each ramp shall have an incline of no more than two inches to the foot.
(c) Sleeping facilities.
(1) Sleeping facilities shall be limited to first and second floors. The minimum square footage of floor space exclusive of built in furniture, storage space or closets shall be 80 square feet per person in single rooms and an average of not less than 60 square feet per person in rooms accommodating more than one person. Minimum ceiling height shall be 7' 8" over 90% of the room area.
(2) Each sleeping room shall be an outside room with operable windows, and shall be well-ventilated, adequately lighted, and appropriately heated or cooled.
(3) A separate bed with level flat mattress in good condition and adequate bedding shall be provided for each resident.
(4) Children of staff who reside in the center shall have separate sleeping areas if sex or age is different from that of residents.
(d) Water supply.
(1) The water supply shall be from a source approved and certified by the county health officer and shall be under pressure. Water coming into the premises shall come from a public or municipal source, or from a private water supply which has been investigated and approved by the responsible health authorities. The plumbing shall have been installed according to local or state plumbing codes.
(2) Sanitary drinking facilities shall be provided for the residents. The following methods are acceptable:
(A) Disposable cups and an appropriate water dispenser which is available to the residents;
(B) a fountain of approved design with water under pressure so that the stream is not less than three inches high; or
(C) a glass washed after each use.
(e) Toilet and lavatory facilities.
(1) All plumbing fixtures and building sewers shall be connected to public sewers if the public sewer line is within 50 yards of the building.
(2) Where a public sewer is not available, a private sewage disposal system meeting requirements of the health authority and installed and connected to all plumbing fixtures and building sewers shall be used.
(3) Toilet and bathing facilities shall be convenient to sleeping quarters, living and recreation rooms.
(4) Cold water and hot water not exceeding 120°F., shall be supplied under pressure to lavatory and bathtub or shower.
(5) For each five or fewer residents of each sex there shall be at least one toilet, one lavatory and a bathtub or shower.
(6) Separate bathroom facilities shall be provided for live-in staff.
(7) Each bathroom shall be ventilated. An inside bathroom shall have a mechanical system to the outdoors with a minimum of four air changes per hour.
(8) Facilities serving non-ambulatory children shall have toilets and washbasins designed to accommodate them.
(f) Laundry facilities.
(1) If laundry is done at the facility, laundry fixtures shall be located in an area separate from food preparation areas and shall be installed and used in a manner that safeguards the health and safety of the residents.
(2) If needed, the type of diapers and diaper service shall be determined by the facility director with approval of the health nurse.
(3) Soiled linen shall be kept in areas separate from clean linen.


Kan. Admin. Regs. § 28-4-277
Authorized by and implementing K.S.A. 65-508; effective May 1, 1986; amended, T-87-34, Nov. 19, 1986; amended May 1, 1987.

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