Okla. Admin. Code § 340:110-3-163

Current through Vol. 42, No. 4, November 1, 2024

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

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

(1)Building. Buildings used for residential child care facilities are structurally sound. Structures comply with the building and fire codes of the local or state governmental authority having jurisdiction and applicable at permit or license issuance. Structures also comply with plumbing code, mechanical code, and fuel gas code adopted by the Oklahoma Uniform Building Code Commission and American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standards.

(A) Exterior and interior surfaces are maintained in sound conditionand 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) Uncovered floors, including concrete and wood floors, are sealed.

(2)Premises. The premises are maintained per requirements included in this paragraph.

(A) The premises are free of insects, and vermin.

(B) Safe, effective measures minimize the presence of, and protect against, insects, rodents, and other vermin entry.

(C) The premises are free of hazards.

(D) The premises and vehicles used to transport residents are free of illegal drugs and paraphernalia.

(E) Materials preventing resident's egress, such as barbed wire, electrical fencing, and razor and concertina wire are prohibited.

(3)Tobacco use. Tobacco use includes simulated tobacco products. The program prohibits tobacco use:

(A) by residents;

(B) in buildings used by residents; or

(C) in resident's presence.

(4)Screening. Windows, exterior doors, or similar devices are in working condition and good repair. When protecting against mosquitoes, flies, and other flying insects, doors and windows are provided with a 16-mesh, properly fitting screen. Air conditioned areas are adequate to meet this requirement when properly operated unless rodents or other vermin are able to enter to such extent a nuisance or hazard is created.

(5)Ventilation. Rooms are ventilated. Ventilation systems and windows comply with building and fire codes of the local or state governmental authority having jurisdiction. 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 meet the ventilation requirements.

(6)Lighting. Resident areas are well-lighted.

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

(8)Laundry. Laundry areas are maintained in a clean and safe condition. Equipment installation meets safety requirements.

(9)Water supply. The water supply is adequate, safe and sanitary ; meeting state quality standards, and 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) Areas where food is prepared or equipment, utensils, or containers are used have hot and cold water under pressure.

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

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

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

(B) Cross-connection between the potable water supply and nonpotable or questionable water supply, or pollution source where the potable water supply may become contaminated is prohibited.

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

(D) Sinks, bathtubs, and showers are supplied with hot and cold water.

(12)Electrical. The electrical distribution system is sized, installed, and maintained in a safe manner, per the Oklahoma Electrical Licensing Act. Portions of the electrical system constructed, repaired, or replaced after June 1, 1987, are installed, per the current National Electrical Code.

(13)Garbage and rubbish disposal. Prior to disposal, garbage and rubbish containing food wastes or diapers are stored 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 food waste storage and rubbish.

(B) Each container is thoroughly cleaned when soiled.

(C) Garbage disposal units, when used, are of suitable construction and installed per state and local standards.

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

(E) Hazardous material is properly disposed.

(14)Swimming pools. Swimming pools used by residents are considered public bathing places and meet Design Standards and Operational Criteria for Public Bathing Places of Oklahoma State Department of Health (OSDH).

(A) When a private swimming pool is used, it is considered a public pool and meets OSDH requirements.

(B) Portable pool use is prohibited.

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

(15)Animals.

(A) Local ordinances regarding animals are followed.

(B) Animals are kept on the premises only when the animal and resident's health and safety can be reasonably ensured.

(C) Animals having resident contact are maintained in good health and free of diseases communicable to humans.

(D) Programs maintain current dog and cat vaccinations administered by a licensed veterinarian.

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

(F) The OSDH is immediately notified when a resident is bitten by an animal.

Okla. Admin. Code § 340:110-3-163

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

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023