902 KAR 9:010.
Environmental health.
RELATES TO: KRS
211.920-211.945
STATUTORY
AUTHORITY: KRS Chapter 13B, 194.050, 211.090, 211.925, EO 96-862
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 211.920 to 211.945 authorizes the Cabinet for
Health Services to adopt rules, administrative regulations, and standards
relating to the public health or health aspects of the operation of state
confinement facilities. The intent of this administrative regulation is to
establish uniform standards of institutional sanitation to safeguard the health
of persons confined in state confinement facilities, by providing for the
opportunity to pursue adequate personal hygiene for health maintenance, control
of the incidence and spread of disease, and maintenance of sanitary living conditions.
Executive Order 96-862, effective July 2, 1996, reorganizes the Cabinet for
Human Resources and places the Department for Public Health and its programs
under the Cabinet for Health Services.
Section 1.
Definitions. As used in this administrative regulation:
(1)
"Cabinet" means the Cabinet for Health Services and its designated
agents;
(2)
"Cell" means a room designated to provide sleeping and personal
storage facilities for no more than two (2) inmates;
(3)
"Confinement housing unit" means a residential structure intended for
occupancy by inmates of a state confinement facility, which may be subdivided
into wings, levels or sections containing inmate living areas. It may also
include facilities for food preparation, service and dining, medical treatment,
physical exercise, education, visitation, storage or other functions necessary
for the operation and maintenance of the unit.
(4)
"Dayroom" means a common area, room or other place of assembly within
a confinement housing unit, or a wing, level, or section of that unit, which is
provided for inmate leisure time activities;
(5)
"Dormitory" means a room designated to provide sleeping and personal
storage facilities for three (3) or more inmates;
(6)
"Inmate" means any person confined or assigned to residence in a
state confinement facility;
(7) "Inmate
space" means the living area, as measured in gross square feet of floor
space, required for each inmate within a confinement housing unit;
(8) "Living
area" means the cell or dormitory to which an inmate is assigned for
housing, and includes dayrooms, personal hygiene facilities, and other areas
within a confinement housing unit which are normally accessible to an inmate on
a daily basis. An area is considered normally accessible when an inmate can
enter or use it and includes areas accessible for specified hours or by
permission only;
(9)
"Personal hygiene facility" means a room or rooms which contain
sanitary fixtures such as lavatories, water closets, showers or bathtubs, and
other necessary appurtenances for maintaining inmate personal hygiene.
Section 2.
Sanitary Facilities and Controls. (1) The water supply shall be potable,
adequate and from an approved source and shall be developed and approved
pursuant to applicable requirements of the Natural Resources and Environmental
Protection Cabinet.
(2) All sewage
and liquid waste matter shall be disposed of into a public sewer system, if
available. In the event a public sewer system is not available, disposal shall
be made into a private sewage disposal system designed, constructed and
operated pursuant to the requirements of the cabinet; if an adequate public
sewer system subsequently becomes available, connections shall be made thereto
and the state confinement facility's sewage disposal system shall be
discontinued.
(3) A drinking
fountain or a potable water service fixture with individual single service
drinking cups shall be accessible to inmates in their living area pursuant to
the requirements of the State Plumbing Code. The use of a common drinking
vessel is prohibited.
(4) Each
confinement housing unit shall include personal hygiene facilities within the
unit which contain sanitary fixtures meeting the requirements of the State
Plumbing Code as to design, fixture type and numbers of fixtures.
(5) All personal
hygiene facilities shall be designed and constructed pursuant to the
requirements of the State Building Code. All walls, floors, ceilings,
partitions, sanitary fixtures and appurtenances shall be maintained in a
sanitary condition and in good repair.
(6) An adequate
supply of clean washcloths, towels and clothing, and toilet tissue, soap and
similar personal hygiene articles shall be issued to each inmate as necessary
to maintain hygiene.
(7) Hot and cold
or tempered water shall be supplied to all lavatories, showers and bathtubs,
and all hot or tempered water supply lines to such fixtures shall be protected
by temperature and pressure control devices approved for use by the State
Plumbing Code to prevent scalding.
(8) All plumbing
shall comply with the State Plumbing Code.
(9) All garbage
and rubbish shall, prior to disposal, be kept in leak-proof, nonabsorbent
containers and the containers shall be kept covered with tight-fitting lids
when stored. Containers shall be flame-retardant. Adequate cleaning facilities
shall be provided and containers shall be kept clean. All garbage and rubbish
shall be removed from confinement housing units on a daily basis and shall be
disposed of at least weekly or more often if necessary, and in a manner
approved by the Natural Resources and Environmental Protection Cabinet.
Section 3.
Facilities and Equipment. (1) Each confinement housing unit shall provide a
minimum inmate space of sixty (60) square feet for each inmate housed within
that unit.
(2) Each cell
and dormitory shall:
(a) Have at
least eight (8) foot ceilings;
(b) Contain a
bed for each inmate; and
(c) Provide
facilities for storage of inmates' personal belongings, including clothing and
towels.
(3) All floors,
walls, ceilings, and equipment of confinement housing units shall be
constructed pursuant to the State Building Code. All parts of the confinement
housing unit and its premises shall be kept in good repair, clean, neat and
free of litter and rubbish.
Section 4.
Lighting. Each confinement housing unit shall be provided with natural or
artificial light sufficient to provide twenty (20) foot candles of light for
reading purposes, to permit observation, and for proper cleaning and
maintenance. All light fixtures shall be kept in good repair and clean.
Section 5.
Heating, Cooling and Ventilation. (1) All confinement housing units shall be
provided with heating, cooling and ventilation equipment as required by the
State Building Code. The equipment shall be capable of meeting the requirements
of the State Fire Marshal for safety, maintenance and operation.
(2) Ventilation,
through natural or mechanical means shall be sufficient to provide fresh air
and remove disagreeable odors.
Section 6.
Vermin Control. (1) Effective measures to control the presence of rodents,
flies, roaches, and other vermin on the premises shall be utilized. The
premises shall be kept in such condition as to prevent the harborage or
breeding of vermin.
(2) Openings to
the outside shall be protected against the entrance of rodents, insects and
other vermin by tight-fitting, self-closing doors, closed windows, screening,
controlled air currents, or other acceptable means. Screening material shall
not be less than sixteen (16) mesh to one (1) inch.
Section 7.
Bedding. (1) As a minimum, each inmate in a state confinement facility shall be
provided with:
(a) An approved
flame-retardant and water-repellent mattress and pillow;
(b) A
pillowcase;
(c) A sheet or
cloth mattress cover; and
(d) A blanket.
(2) If, in the
sound discretion of the appropriate person in charge of the state confinement
facility, any items listed in this section would constitute a danger or hazard
to the inmate confined due to a behavior or mental condition, such items may be
withheld.
(3) Mattresses,
pillows, blankets, sheets, pillowcases, and mattress covers shall be kept in
good repair and clean.
(4) Sheets,
pillow cases and mattress covers, if used without sheets, shall be changed and
laundered at least weekly and before being issued to another inmate.
Section 8.
Exercise. Adequate space shall be provided within the state confinement
facility to allow all inmates an opportunity to obtain physical exercise.
Section 9. Food
Service. All state confinement facilities shall comply with the food service
provisions of KRS 219.011 to 219.081 and 219.991 and the State Food Service
Code. If food for inmates is not prepared by the state confinement facility,
food shall be obtained from a commercial food service establishment holding a valid
permit from the cabinet.
Section 10. Food
Manufacturing. All food manufacturing and processing conducted at state
confinement facilities shall be operated pursuant to applicable public health
laws and administrative regulations of the cabinet.
Section 11.
Existing Facilities and Equipment. Notwithstanding the other provisions of this
administrative regulation, facilities and equipment being used by existing
state confinement facilities, which do not fully meet the design and
construction requirements of this administrative regulation, may be continued
in use, if in good repair, capable of being maintained in a sanitary condition,
and creates no health hazard.
Section 12. Plan
Review of Construction. Plans for alteration or new construction of state
confinement facilities shall be submitted to the appropriate agencies for
approval.
Section 13.
Inspection of State Confinement Facilities. (1) At least once each six (6)
months, the cabinet shall inspect each state confinement facility and shall
make as many additional inspections and reinspections as are necessary for
carrying out the provisions of this administrative regulation.
(2) When an
agent of the cabinet makes an inspection of a state confinement facility, he
shall record his findings on an official cabinet inspection report form and
provide the supervising and maintaining authorities with a copy of the report.
If a deficiency is found, the inspection report shall:
(a) Set forth
the specific deficiencies found;
(b) Identify any
variances previously granted;
(c) Establish a
specific and reasonable period of time for the correction of the deficiency
found; and
(d) State that
failure to comply with any notice issued pursuant to the provisions of this
administrative regulation may result in the initiation of legal action.
Section 14.
Enforcement Hearings. For purposes of enforcement, whenever the supervising and
maintaining authorities have failed to comply with any written notice or order
issued under the provisions of this administrative regulation, they shall be
notified in writing that legal action may be instituted against the state
confinement facility, and the supervising and maintaining authorities, at the
end of ten (10) working days following service of the notice, unless a written
request for a hearing is filed with the cabinet, by the supervising and
maintaining authorities, within the ten (10) working day period. All
administrative hearings shall be conducted in accordance with 902 KAR 1:400.
Section 15.
Variance Hearings. (1) Any supervising and maintaining authority of a state
confinement facility may request in writing that the cabinet consider granting
a variance to any provision of this administrative regulation.
(2) Written
requests for a variance shall include all pertinent information about the
facility, the specific provision(s) of the administrative regulation affected,
the specific reason(s) for the request and evidence in support of the request.
(3) Upon receipt
of a request for a variance, the cabinet shall review the request and establish
a date, time and location for the convening of an administrative hearing. All
administrative hearings shall be conducted in accordance with 902 KAR 1:400.
The requesting authority shall be notified of the date, time and location of the
hearing within ten (10) working days of the receipt of the request, and at
least five (5) working days prior to the date of the hearing.
(4) The hearing
officer may recommend that a variance be granted or denied, and that legal
action be pursued.
(5) A variance
may only be granted upon written determination that the granting thereof will
not endanger the health of those confined in the facility or the public health.
Any variance so granted may be with or without stipulations or restrictions. (3
Ky.R. 373; eff. 10-6-76; Am. 10 Ky.R. 179; eff. 8-3-83; 16 Ky.R. 2063; eff.
5-13-90;. 2362; eff. 8-1-96.)
