Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 451.000 - Minimum Health And Sanitation Standards And Inspection Procedures For Correctional Facilities › Section 451.020 - Definitions

Current through Register 1525, July 5, 2024
Terms as used in
				105 CMR 451.000 shall be
				interpreted as set forth below unless the context or subject matter clearly
				requires a different interpretation. Words and phrases not expressly defined in
				105 CMR 451.000 shall be
				interpreted according to the common and approved usage of the language, but
				technical words and phrases and such others as may have acquired a peculiar and
				appropriate meaning in sanitary science or in Department practice shall be
				interpreted according to such meaning.
Cell
means any room or group of rooms
				within a correctional facility used or intended to be used by a prisoner for
				living and sleeping.
Commissioner
means the Commissioner of
				Public Health appointed pursuant to M.G.L. c. 17, § 2.
Committed Offender
means a person
				convicted of a crime and committed under sentence to a correctional
				facility.
Correctional Facility
means any
				building, enclosure, space or structure used for the custody, control, and
				rehabilitation of committed offenders and of such other persons as may be
				placed in custody therein in accordance with law, as defined by M.G.L. c. 125,
				§ 1. "Correctional facility" includes state and county correctional
				facilities, but does not include facilities operated under the jurisdiction of
				the Department of Youth Services.
Corrosion-Resistant Material
means a
				material which maintains its original surface characteristics under prolonged
				influence of food, cleaning compounds, and sanitizing solutions which may come
				in contact with it.
Department
means the Department of
				Public Health established pursuant to M.G.L. c. 17.
Detainee
means a person placed in
				custody in a correctional facility who is accused of a crime but not yet
				tried.
Easily Cleanable
means readily
				accessible and of such material and finish, and so fabricated that residue may
				be completely removed by normal cleaning methods.
Employee
means any person who works in
				correctional facility, but who is not an inmate.
Existing Facility
means a correctional
				facility in operationon the effective date of
				105 CMR 451.000. but does
				not include portions of the facility not in operation on the effective date of
				105 CMR 451.000, nor a
				facility or portion of a facility temporarily taken out of use after the
				effective date of
				105 CMR 451.000 for major
				construction or renovations.
Exterminate
means to eliminate insects
				and rodents.
Facility
means a state or county
				correctional facility.
Fire Retardant
means having or
				providing comparatively low flammability or flame spread properties.
Food Service Department
means the food
				preparation, storage and service areas of a correctional facility.
Garbage
means the animal, vegetable,
				or other organic waste resulting from the handling, preparing, cooking,
				consumption or cultivation of food, and containers and cans which have
				contained food, unless such containers and cans have been cleaned or prepared
				for recycling.
Habitable Space
means any space used
				or intended to be used for living, sleeping, cooking, or eating
				purposes.
Inmate
means a committed offender,
				detainee, or such other person as is placed in custody in a correctional
				facility.
Jail or House of Correction
means any
				correctional facility operated by one of the counties of the
				Commonwealth.
New facility
means any facility first
				used as a correctional facility after the effective date of
				105 CMR 451.000.
Occupiable space
means a room or
				enclosed space in which individuals congregate for educational, recreational or
				similar purposes, or in which individuals are engaged at labor.
Pre-Release Facility
means a separate
				correctional facility, or part of a correctional facility, which houses inmates
				who are eligible for participation in work and other community release
				programs.
Program Director
means the employee of
				the Department who, under delegation from and under the supervision of the
				Commissioner, is responsible with subordinate staff for carrying out the
				functions assigned the Department relative to correctional facilities.
Renovations
means major structural
				repairs or major remodeling, such as the subdivision of a large open room into
				cells, bathing or toilet facilities, a food service area, or rooms for other
				correctional uses; or the gutting of interior space and reconstruction for
				correctional uses.
Rubbish
means combustible and
				noncombustible waste material, paper, rags, cartons, boxes, wood, excelsior,
				rubber, leather, tree branches, yard trimmings, grass clippings, tincans,
				metal, mineral matter, glass, crockery, dust, and the residue from the burning
				of wood, coal, coke and other combustible materials.
Sanitize
means to apply effective
				bactericidal treatment to clean surfaces of equipment and utensils by a process
				which is effective in destroying microorganisms, including pathogens.
State Correctional Facility
means any
				correctional facility owned, operated, administered or subject to control of
				the Department of Correction.
Stairway
means any group of three or
				more risers.
Superintendent
means the chief
				administrative officer of a state correctional facility.