Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 40 - Licensing Rules › Chapter 1 - Definitions, Licensing Procedures, and General Requirements for Community Residential Programs and Day Program › Section 9 CSR 40-1.085 - Environment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies the environmental
				  requirements for all community residential programs and day programs subject to
				  licensure by the department in accordance with
				  9 CSR
				  40-1.055. This rule does not apply to Residential Care
				  Facilities (RCF) and Assisted Living Facilities (ALF) dually licensed by the
				  Department of Health and Senior Services (DHSS).
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Physical Environment. All residential
				programs and day programs shall be in compliance with applicable state and
				local building codes, fire codes, and ordinances to ensure the health, safety,
				and security of all individuals.
(A) The
				physical environment shall-
1. Be clean,
				structurally sound, and attractive inside and out;
2. Have solid, skid-proof floors that are
				free from tripping hazards and, unless carpeted, have a smooth
				finish;
3. Have ceilings at least
				seven feet, six inches (7'6") in height in all rooms used by individuals
				served. Allowances may be made by Division of Fire Safety staff for the
				installation of ductwork and plumbing. No more than forty percent (40%) of the
				ceiling in each room shall be below minimal height, with no portion of the
				ceiling lower than six feet, eight inches (6' 8");
4. Be equipped with a functional heating and
				air conditioning system with room temperatures maintained to meet the
				reasonable comfort needs of individuals served;
5. Be free of noxious odors;
6. Have control measures to prevent rodent
				and insect infestation;
7. Have
				windows, doors, and vents for ventilation and temperature control that operate
				as designed and are maintained to repel rodents and insects;
8. Comply with Department of Housing and
				Urban Development (HUD) 2017 Lead-Based Paint Regulations, 24 CFR Part 35,
				hereby incorporated by reference and available from HUD, 451 7th Street S.W.,
				Washington, DC 20410, (202) 708-1112, TTY (202) 708-1455, available at:
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=e1741143a75841f15fcfd930d325ac2b&rgn=div5&view=text&node=24:1.1.1.1.24&idno=24
.
				This rule does not incorporate any subsequent amendments or additions to the
				regulations listed above. This rule does not prohibit programs from complying
				with regulations set forth in newer versions of the incorporated by reference
				material listed in this paragraph of this rule; and
9. Have adequate fencing around swimming
				pools, sewage lagoons, liquefied petroleum gas (LPG) tanks, and other
				potentially hazardous areas.