37 Tex. Admin. Code § 351.8 - Physical Plant

(a) Sleeping Units. All sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall be utilized as single occupancy.

(1) Sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall have a minimum ceiling height of seven and one-half feet.

(2) Sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall have a minimum of 60 square feet of floor space.

(3) Residents held in sleeping rooms shall have access to a toilet above floor level, a washbasin, drinking water, running water, and a bed above floor level.

(4) There shall be separate sleeping rooms for male and female residents.

(b) Exits. Facility exits shall be clear of obstruction and properly marked for evacuation in the event of fire or other emergency.

(c) Storage. Storage of cleaning supplies and equipment shall not be accessible to residents.

(d) Safety Plan. Written policies shall promote the safety of residents, staff, and visitors. The policies shall be reviewed annually with written documentation submitted by a qualified fire prevention and safety officer. These shall include, but shall not be limited to:

(1) maintenance of a current fire drill log;

(2) proper disposal of combustible refuse;

(3) a posted plan for prompt evacuation of the facility;

(4) required quarterly fire drills on all shifts; and

(5) procedures for use and control of flammable, toxic, and caustic materials.

(e) Safety Codes. The facility shall conform to the provisions set forth in the Life Safety Code, National Fire Protection Association (NFPA), 101 and/or any applicable state and local fire safety codes. The Life Safety Code may be substituted with local government ordinances/codes only if said ordinances/codes are specifically written to include building occupancy for detention and correctional usage.

(1) A formalized facility Life Safety/fire safety inspection shall be completed prior to the facility becoming operational.

(2) All subsequent Life Safety/fire safety shall be conducted at least annually.

(3) All inspection reports shall be reduced to written documentation which shall include:

(A) an enumeration of the specific codes used during the inspection;

(B) any corrective action required;

(C) the name and title of person conducting the inspection; and

(D) the date(s) of the inspection.

(f) Population. The population of the facility shall not exceed the rated capacity of the facility.

(g) Lighting. There shall be lighting available for the residents.

(h) Lavatory. There shall be a toilet and washbasin for at least every five residents.

(i) Facility Design. All housing areas shall provide for the following:

(1) an operable shower or bath with hot and cold running water for at least every ten residents;

(2) fully functioning:

(A) heating systems;

(B) ventilation systems; and

(C) cooling systems.

(3) access to a drinking fountain.

(j) New Facilities. All facilities placed into operation on or after the effective date of this standard shall provide for the following:

(1) Natural Lighting. All housing areas shall provide natural light available from a source within 20 feet of the area.

(2) Disabled Residents. Rooms or housing units used by disabled residents shall be designed for their use and provide for their safety and security in accordance with state and federal law.

(3) Personal Property. Space shall be provided for secure storage of the resident's personal property.

(4) Alternate Power Source. The facility shall have an alternate source of power to operate:

(A) operate lights;

(B) communications systems; and

(C) electric door locks.

(5) Preventive Maintenance.

(A) A written plan shall provide for emergency repair or replacement of equipment.

(B) Power systems shall be tested at least every two weeks, the results documented and any deficiencies corrected.

(C) All emergency equipment and systems shall be tested at least monthly, the results documented and any deficiencies corrected.

(6) Ventilation. An alternate means of ventilation shall be maintained in case regular power is interrupted.

(7) Access for Individuals with Disabilities. All parts of the facility that are accessible to the public shall be accessible to and usable by staff and visitors with physical disabilities in accordance with the Americans with Disabilities Act.

(8) Secure Storage. There shall be a location for secure storage of restraining devices, and related security equipment. This equipment shall be readily accessible to authorized persons.

(k) Co-located Facilities. If the short-term detention facility is located in the same building or is on the grounds of any type of adult corrections facility, it shall be a separate, self-contained unit. All applicable federal and state laws pertaining to the separation of juveniles from adult inmates shall apply.

Notes

37 Tex. Admin. Code § 351.8

The provisions of this §351.8 adopted to be effective September 1, 2003, 28 TexReg 2953