902 KAR 9:010. Environmental health

Link to law: http://www.lrc.ky.gov/kar/902/009/010.htm
Published: 2015

      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.)
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