La. Admin. Code tit. 51 § XXI-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXI-105 - General [formerly paragraph 21:002-1]

A. Facilities applying for license after the effective date of this Part shall meet all of the requirements contained herein. Facilities licensed or with pending applications prior to the effective date shall be allowed 36 months from the effective date to comply with the following Sections: 105.C.5.a, 105.C.5.c, as regards temperature control; 105.C.5.d, 105.E.1, 105.F, 501.A, and 501.C as regards opening-sizes, heights and gates; 501.D. Facilities licensed or with pending applications prior to the effective date shall be allowed 12 months from the effective date to comply with the following Sections: 103.H.2 and 301.A.9. Such facilities shall comply with all other requirements of this Part on the effective date.

B. [Formerly paragraph 21:002-2] This Part shall become effective on April 1, 1993.

C. [Formerly paragraph 21:003] All of the above facilities shall comply with appropriate Parts of this Code as stated below.

1. [Formerly paragraph 21:003-1] Employee, patient, and client health shall meet the requirements of Part I, §117 and Part II, §§113, 503, and 505 of this Code.

2. [Formerly paragraph 21:003-2] Child day care centers and residential facilities for children and the mentally retarded shall meet the requirements of Part IV of this Code.

3. [Formerly paragraph 21:003-3] Water supplies shall meet the requirements of Part XII of this Code.

4. [Formerly paragraph 21:003-4] Sewage disposal shall meet the requirements of Part XIII of this Code.

5. [Formerly paragraph 21:003-5] Plumbing shall meet the requirements of Part XIV of this Code with the following additional provisions.

a. In child day care facilities, toilets (water closets) and lavatories shall be provided in accordance with Table 411 of Part XIV. Fixtures shall be of size appropriate for the age of children being cared for (toilets 11 inches maximum height and lavatories 22 inches maximum height), or if standard size fixtures are used, safe, cleanable step aids shall be provided.

b. Handwashing and bathing facilities shall be provided with hot and cold running water. Where such water will be in direct contact with children, the temperature shall not exceed 120°F utilizing an approved temperature control device(s) as required under LAC 51:XIV.623.

c. Residential facilities housing six residents or less may provide plumbing fixtures as a single family residence. All others must provide plumbing as required for dormitories in accordance with Table 411 of Part XIV.

D. [Formerly paragraph 21:004] Toilet training chairs shall be of a type which is easily cleaned and sanitized. Training "potties" shall be cleaned and disinfected, immediately after each use, in a mop/utility sink or other plumbing fixture dedicated solely to that purpose, the waste being disposed of in a flushing toilet. They shall be stored in the toilet room and be accessible to children only under direct supervision. Training chairs shall not be counted as toilets in the toilet-child ratio.

E. [Formerly paragraph 21:005] Heating, cooling and ventilation shall meet the following requirements.

1. [Formerly paragraph 21:005-1] A draft free temperature of 65°F to 75°F shall be maintained during the cooler months (November-March) and a draft free temperature of 68°F to 82°F shall be maintained during the warmer months (April-October).

2. [Formerly paragraph 21:005-2] The combustion chambers of all heaters, heating systems, and other fired equipment shall be vented to the atmosphere. Other parts of the heating, cooling, and ventilating system shall be so designed, built, and maintained as to ensure that the pressure in the space from which combustion air is drawn does not become negative with respect to the atmosphere.

F. [Formerly paragraph 21:006] In day care centers, the following illumination levels shall be maintained (all measurements to be made 3 feet above the floor): Minimum of 50 foot-candles in all work and play areas; minimum of 10 foot-candles in hallways, stairs, toilet rooms; maximum of 5 foot-candles in any area during napping or sleeping.

G. [Formerly paragraph 21:006-1] Shielded light fixtures or shatterproof bulbs shall be utilized in food preparation areas and in areas designated for children less than two years of age.

H. [Formerly paragraph 21:007] Bedding shall meet the following standards.

1. [Formerly paragraph 21:007-1] Each bed in every residential facility shall be separated, vertically and horizontally, by at least 28 inches. In day care centers, cribs, cots, and mats used for napping shall be separated by at least 18 inches with a head to foot arrangement so that no two children's heads are adjacent.

2. [Formerly paragraph 21:007-2] Cribs shall meet current federal safety standards, and industry voluntary standards. Spaces between slats shall be no more than 2 3/8 inches. Mattresses shall be of standard size so that they fit the crib frame without gaps of more than 1/2 inches. Cribs shall not be used with the drop side down. There shall be no corner post extensions (over 1/16 inch) or cutouts in the headboards.

3. [Formerly paragraph 21:007-3] Stacked cribs shall not be used.

4. [Formerly paragraph 21:007-4] Bedding such as cots, beds, cribs, or floor pads (mats) shall be maintained in a safe and sanitary manner. Linens, if provided with bedding, shall be changed when soiled and between each use by different persons. These sheets shall be changed and laundered routinely at least once each week and blankets at least once each month and immediately when soiled.

I. [Formerly paragraph 21:008] The food preparation area in day care centers and residential facilities shall meet the following.

1. [Formerly paragraph 21:008-1] Where seven or more individuals are cared for, food preparation, storage and handling shall meet all the requirements of Part XXIII of this Code, with the following exception: where the number of individuals cared for is between 7 and 15, the following may be provided: either a three-compartment sink as required in Part XXIII of this Code or an approved domestic or commercial type dishwashing machine and a two-compartment sink with hot and cold running water under pressure to each compartment.

2. [Formerly paragraph 21:008-2] Food preparation, storage and handling where six or less individuals are cared for may provide a "home-type" setting with the following: approved potable water supply, approved sewage disposal, a two-compartment sink with hot and cold running water under pressure to each compartment and an approved domestic type dishwasher, plumbing installed in accordance with Part XIV, adequate dry storage space for food and a refrigerator capable of maintaining a temperature below 45°F.

3. [Formerly paragraph 21:008-3] Children shall be excluded by a suitable barrier from the food preparation area.

4. [Formerly paragraph 21:008-4] In facilities where the provision of food by clients is permitted by state regulations, food brought into the facility shall have a label showing client's name and the identity of the food. Perishable food shall be refrigerated at 45°F or below. Thermometer shall be provided in each refrigerator. All foods shall be protected against contamination.

J. [Formerly paragraph 21:009] The serving and/or use of milk or milk products shall conform with the following.

1. Only Grade A pasteurized milk shall be served and dispensed at day care centers and residential facilities. The milk shall be dispensed from a bulk milk container dispensing device that conforms with 3-A Standards. In lieu thereof, milk may be served by providing a commercially filled container of one pint capacity or less to each child, and/or client.

EXCEPTION: In facilities licensed for 30 or less children or clients, the state health officer may allow milk to be served from commercially filled containers with a capacity of not greater than one gallon.

2. The serving of reconstituted milk is prohibited except in making instant desserts, whipped products, or for cooking and baking purposes, as stated in Part XXIII, §1707.

La. Admin. Code tit. 51, § XXI-105

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1399 (June 2002), amended LR 37:2728 (September 2011), amended LR 38:2926 (November 2012), repromulgated LR 38:3233 (December 2012), Amended LR 412657 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(10) and R.S. 40:5.