OAR 419-450-0110: Homeless, Runaway, and Transitional Living Shelters: Safety

A child-caring agency must meet all of the following requirements related to safety: (1) Fire safety. Prior to licensure and every two years upon license renewal, the program must be assessed and approved by the State Fire Marshall or designee for the following fire safety areas: (a) The child-caring agency must provide fire safety equipment that meets the requirements of applicable building codes and the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020). (b) The child-caring agency must comply with existing state and local fire safety codes. (2) Emergency plan. (a) The child-caring agency must have, for each facility it operates, a written emergency plan that includes: (A) Instructions for evacuation of children in care and employees in the event of fire, explosion, accident, or other emergency. (B) Instructions for response in the event of a natural disaster, external safety threat, or other emergency. (b) Telephone numbers for local police and fire departments and other appropriate emergency numbers must be posted near all telephones. (c) Operative flashlights sufficient in number must be readily available to the staff in case of emergency. (3) Contraband. A child-caring agency must require its staff to confiscate items prohibited by the child-caring agency that are found in the possession of a child in care. All such items must be disposed of or stored for a child in care in a secure location that is inaccessible to children in care. (4) Building Requirements. (a) A child-caring agency may not allow children in care to have access to, or provide services regulated by these rules (OAR 419-450-0010 to 419-450-0120) in, a building unless the building has been certified as meeting all applicable state and local construction-related requirements for a building used as a residential facility, including the Oregon Structural Specialty Code (see the current version of OAR 837-040-0140), the Oregon Fire Code (see the current version of OAR 837-040-0010 and 837-040-0020), the rules of the Public Health Division of the Oregon Health Authority (see the current requirements for buildings in OAR chapter 333), the Oregon Plumbing Specialty Code (see the current version of OAR 918-750-0110 to OAR 918-750-0115), the rules of the State Fire Marshal (see the current requirements for buildings in OAR chapter 837), and the local building, fire, and safety codes. (b) A child-caring agency must ensure that all of the following standards are met: (A) All buildings where children in care are present must be smoke-free. (B) All buildings where children in care are present must be kept clean and in good repair. Major appliances and heating, ventilation, plumbing and electrical systems must be functional and in good repair. (C) Water temperature and access to water: (i) A continuous supply of hot and cold water, installed and maintained in compliance with this rule, must be distributed to taps conveniently located throughout each building used to provide services or housing for children in care. (ii) The temperature of hot water used for hand washing, bathing, or showering must be controlled so that it does not exceed 120 degrees Fahrenheit in each building used to provide services or housing for children in care. (iii) Each child in care who lacks the ability to adjust and control water temperature safely must be directly supervised by a staff member of the child-caring agency. (D) Heating and ventilation. Room temperatures must be maintained within normal comfort range. Buildings must be ventilated and free of excessive heat and condensation and of unpleasant odors. (c) Bathrooms. (A) Bathrooms must be provided and be conveniently located in each building containing children in care, and must have all of the following: (i) A minimum of one toilet and one hand-washing sink with mixing faucets for each eight children in care. (ii) A self-closing metered faucet, if used, that provides water flow for at least 15 seconds without a need to reactivate the faucet. (iii) Hot and cold running water, as well as soap and paper towels available at sinks or other hand-drying options approved by the local health department. (iv) One bathtub or shower for each 10 children in care. (v) Arrangements for individual privacy of children in care. (vi) A window covering on each window to ensure privacy. (vii) Permanently-wired light fixtures located and maintained so as to give adequate light to all parts of the room. (viii) A mirror, permanently affixed at eye level. (ix) Adequate ventilation. (B) Use of wooden racks over shower floors is prohibited. (C) When impervious shower mats are used, they must be disinfected and dried at least once per day.