This regulation establishes fire safety, water supply, sewage/waste disposal, and physical environment requirements for residential outdoor services programs serving youth in Montana. Operators must comply with fire inspection requirements, maintain smoke detectors and fire extinguishers, ensure adequate potable water and sewage systems, and meet specific space, lighting, and sanitation standards for residential buildings. These are operational standards that facility operators must document and maintain on an ongoing basis.
View official source37.98.1503 RESIDENTIAL OUTDOOR SERVICES: FIRE SAFETY REQUIREMENTS (1) Residential outdoor services programs shall comply with all fire, life safety, and building regulations as determined by the local building official and fire authority for all buildings serving youth. (2) Residential outdoor services programs shall have an annual fire inspection conducted by the appropriate local fire authority or the state fire marshal's office for all buildings serving youth. The program shall maintain a record of such inspection for at least three years following the date of the inspection. (3) All exits must be marked and be clear and unobstructed at all times. (4) Paint, flammable liquids and other combustible material must be kept in locked storage away from heat sources or in outbuildings not used by the youth. (5) Residential outdoor services staff and residents must be instructed during orientation in the procedure for evacuation in case of fire. The procedure and evacuation maps must be posted in conspicuous places. (6) Residential outdoor services programs shall conduct evacuation and disaster drills and document results in a program file. The documented results must include but are not limited to the following: (a) date and time of the drill; (b) the names of staff involved in the drill; (c) the names of other facilities, if any, which were involved in the drill; (d) the names of other persons involved in the drill; (e) a description of all phases of the drill procedure and suggestions for improvement; and (f) the signature of the person conducting the drill. (7) Fire drills for residential outdoor services in all buildings serving youth must include the transmission of fire alarm and simulation of emergency fire conditions. Drills must be conducted quarterly on each shift to familiarize staff with the signals and emergency action required under varied conditions. When drills are conducted between 9:00 p.m. and 6:00 a.m., a coded announcement may be used instead of an audible alarm. (8) Smoke detectors approved by a recognized testing laboratory must be located at stairways and in any areas requiring separation as set forth in the uniform building codes. (9) Smoke detector batteries must be checked by the residential outdoor services staff at least once each month and the batteries replaced at least once each year. The date and signature of the person checking the batteries in the smoke detector must be recorded and filed at the program office. (10) A fire extinguisher approved by a recognized testing laboratory with a minimum rating of 2A10BC must be located on each floor of any residential outdoor services building. (11) A fire extinguisher approved by a recognized testing laboratory with a minimum rating of 2A10BC must be readily accessible to the kitchen area. (12) Fire extinguishers must be checked by the residential outdoor services staff at least quarterly. The date and signature of the person checking the fire extinguisher shall be recorded on the attached tag. Portable fire extinguishers must be inspected, recharged and tagged at least once a year by a person certified by the state to perform such services. (13) Residential outdoor services staff must be trained in the proper use of the fire extinguisher and the training recorded in the files. Authorizing statute(s): Sec. 50-5-220 , MCA Implementing statute(s): Sec. 50-5-220 , MCA History: NEW, 2004 MAR p. 1960, Eff. 8/6/04. 37.98.1504 RESIDENTIAL OUTDOOR SERVICES: WATER (1) A residential outdoor services program shall provide an adequate and potable supply of water. The residential outdoor services program shall: (a) connect to a public water supply system approved by the Montana Department of Environmental Quality; or (b) if a nonpublic water system is used by a residential outdoor services program, the water system must comply with the standards outlined in Department of Environmental Quality circular 3 (DEQ-3) and Department of Environmental Quality circular 4 (DEQ-4) . The department adopts and incorporates by reference department of environmental quality circular 3 (DEQ-3) (2002) and department of environmental quality circular 4 (DEQ-4) (2002) . Copies may be obtained from the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953. (2) When a nonpublic water supply is used, the residential outdoor services program shall submit a water sample at least quarterly to a laboratory licensed by the department of environmental quality in order to determine that the supply does not contain microbiological contaminants. (3) The water system must be repaired or replaced if the supply: (a) contains unacceptable levels of microbiological contaminants; or (b) does not have the capacity to provide adequate water for drinking, cooking, personal hygiene, laundry, and water-carried waste disposal. Authorizing statute(s): 50-5-220 , MCA Implementing statute(s): 50-5-220 , MCA History: NEW, 2004 MAR p. 1960, Eff. 8/6/04. 37.98.1505 RESIDENTIAL OUTDOOR SERVICES: SEWAGE AND WASTE DISPOSAL (1) To ensure sewage is safely disposed of, the residential outdoor services program shall either: (a) connect to a public sewer approved by the Montana department of environmental quality; or (b) connect to a private septic system that is approved by the local sanitarian. (2) The sewage system must be repaired or replaced whenever: (a) it fails to accept sewage at the rate of application; (b) seepage of effluent from or ponding of effluent on or around the system occurs; (c) contamination of a potable water supply or state waters is traced to the system; or (d) a mechanical failure occurs. (3) Residential outdoor services programs shall: (a) store all solid waste in containers which have lids and are corrosion-resistant, fly tight, watertight, and rodent-proof; (b) clean all solid waste containers frequently; and (c) transport or utilize a private or municipal hauler to transport the solid waste at least weekly to a landfill site approved by the department of environmental quality in a covered vehicle or covered containers. Authorizing statute(s): Sec. 50-5-220 , MCA Implementing statute(s): Sec. 50-5-220 , MCA History: NEW, 2004 MAR p. 1960, Eff. 8/6/04. 37.98.1506 RESIDENTIAL OUTDOOR SERVICES: PHYSICAL ENVIRONMENT (1) A residential outdoor services program shall provide a minimum of 10 foot-candles of light in all rooms and hallways, with the following exceptions: (a) all reading lamps must have a capacity to provide a minimum of 30 foot-candles of light; (b) all toilet and bathing areas must be provided with a minimum of 30 foot-candles of light; (c) general lighting in food preparation areas must be a minimum of 30 foot-candles of light; and (d) hallways must be illuminated at all times by at least a minimum of five foot-candles of light at the floor. (2) Adequate space must be provided for all phases of daily living, including recreation, privacy, group activities and visits from family, friends and community acquaintances. (3) Youth must have indoor areas of at least 40 square feet of floor space per youth for quiet, reading, study, relaxing and recreation. The minimum space requirement may not include halls, kitchens and any rooms not used by youth must not be included in the minimum space requirement. (4) A sleeping room must contain at least 50 square feet of floor space per person. Bedrooms for single occupancy must have at least 80 square feet. (5) Maximum number of youth per bedroom must not exceed four. The bedrooms must have floor to ceiling walls. (6) The program shall provide: (a) at least one toilet for every four residents; and (b) one bathing facility for every six residents. (7) All resident rooms with toilets or shower/bathing facilities must have an operable window to the outside or must be exhausted to the outside by a mechanical ventilation system. (8) Each resident must have access to a toilet room without entering another resident's room, the kitchen or dining areas. (9) Bathrooms must have a toilet with a sink in each toilet area. The toilet and sink must be cleaned thoroughly with a germicidal cleaner at least weekly and more often if needed. (10) Hot and cold water must be available. Water temperature for hot water must be limited to 120° F or below. (11) A washing machine and dryer must be available. (12) The program shall have a telephone. Telephone numbers of the hospital, police department, fire department, ambulance, and poison control center must be posted by each telephone. Telephone numbers of the parent(s) and placing agency must be readily available. (13) A program shall provide ongoing appropriate maintenance of program buildings. (14) A program shall ensure its facilities, buildings, homes, equipment, and grounds are clean and maintained in good repair at all times for the safety and well being of youth, staff and visitors. Program buildings may not have any peeling paint, cracked mirrors, broken furniture or damaged floor covering. Authorizing statute(s): 50-5-220 , MCA Implementing statute(s): 50-5-220 , MCA History: NEW, 2004 MAR p. 1960, Eff. 8/6/04.