Current through all regulations passed and filed through October 28, 2024
Section 5139-37-10 - Safety and emergency procedures(A) The following standards are mandatory: (1) The detention center shall have exits that are clearly, distinctly, and permanently marked in order to ensure the timely evacuation of children, staff and visitors in the event of fire or other emergency. Posted exits signs and emergency equipment shall comply with the recommendations of the local fire authority.(2) The detention center conforms to applicable federal, state and local fire, health and building codes. A fire alarm and automatic detection system is required. The authority having jurisdiction annually documents compliance.(3) Written fire prevention procedures specify practices to ensure the safety of staff, child and visitors. These procedures shall include but will not be limited to: (a) Provisions for adequate fire protection services.(b) Inspection by local and/or state fire officials annually or as scheduled by state fire marshal.(4) The detention center complies with applicable federal, state and local sanitation, safety and health codes and is inspected at least annually for compliance. Written reports of inspections by state or local authorities should be kept on file as assurance of continuing compliance with these codes.(5) In accordance with section 3794.02 of the Revised Code, smoking will not be permitted inside any detention center, and will only be permitted in designated areas outside of the detention center. These designated areas must comply with section 3794.02 of the Revised Code. Noncombustible receptacles for smoking materials and separate containers for other combustible refuse are utilized at the outside smoking locations. The detention center is equipped with noncombustible receptacles for combustible refuse at readily accessible locations in the living quarters and other locations throughout the detention center. Special containers are provided for flammable liquids and for rags used with flammable liquids. All receptacles and containers are emptied and cleaned regularly.
(6) Written policy and procedure provide for a qualified fire and safety officer to perform a comprehensive and thorough annual inspection of the detention center for compliance with safety and fire prevention standards and for annual review of this policy and procedure. There is a monthly fire and safety inspection of the detention center by a qualified supervisor or other qualified staff member who are familiar with safety and sanitation requirements of the jurisdiction. There are monthly evacuation drills.(7) Written policy and procedure specify the detention center's fire prevention regulations and practices to ensure the safety of staff, children and visitors. These include, but are not limited to: provisions for an adequate fire protection service, a system of fire inspection and testing of equipment at least annually, an annual inspection by local or state fire officials or other qualified person(s), and availability of fire hoses or extinguishers at appropriate locations throughout the detention center.(8) The detention center has a written evacuation plan prepared in the event of fire or major emergency that is certified by an independent, outside inspector trained in the application of appropriate codes. These plans are reviewed, signed, and updated at least annually or as needed. They are made available to all applicable personnel. The plan includes the location of building/room floor plans, use of exit signs and directional arrows for traffic flow, location of publicly posted plan, monthly drills in all occupied locations of the detention center, and staff drills when evacuation of dangerous residents may not be included.(9) Written policy and procedure specify the means for the prompt release of children from locked areas in case of emergency, and provide for a secondary release system.(10) All detention center personnel are trained in the implementation of written emergency plans.(11) Written policy and procedure govern the control and use of all flammable, toxic and caustic materials. All flammable, toxic, caustic materials should be stored in secure areas that are inaccessible to children and a prescribed system should be used to account for their distribution. Children should never possess such items unless under the close supervision of staff.(12) The detention center has a fire alarm system and an automatic detection system that is approved by the authority having jurisdiction. All system elements are tested on a quarterly basis, unless approved by the authority having jurisdiction. The adequacy and operation of the system are approved by the state fire official or other authority annually.(13) Within ninety days after the effective date of this rule, specifications for the selection and approval of new furnishings indicate the fire safety performance requirements of the materials selected. Such materials are subject to careful fire safety evaluation before purchase or use. Neoprene or cotton mattresses treated with boric acid are recommended. Foamed plastics or foamed rubber such as polyurethane, polystyrene are not to be used in any living area.(14) The detention center has available to it the services of a qualified fire and safety officer who reviews all policies and procedures related to safety and fire prevention.(B) The following standards are recommended: The detention center has access to an alternate power source to maintain essential services in an emergency.
Ohio Admin. Code 5139-37-10
Effective: 2/1/2024
Five Year Review (FYR) Dates: 11/14/2023 and 02/01/2029
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 01/30/2009, 03/21/2016, 07/11/2016