§ 95.248. Sanitation, maintenance and safety.
The following are the minimum requirements applicable to sanitation, maintenance and safety:
(1) Written local policy must require the prison to adhere to applicable Department of Labor and Industry regulations regarding sanitation, maintenance and safety or any applicable local code inspections.
(2) Written local policy must identify a sanitation and housekeeping plan. This plan must address all prison areas and provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates. Inmates shall be required to maintain their immediate living area and adjacent general space in a sanitary condition. The control of vermin and pests shall be addressed on a monthly basis by a qualified person, with documentation of the application of any pest or vermin control treatment. A sanitation inspection shall be conducted of all prison areas on a monthly basis to determine the health and safety status of the prison and the need for action. The results of this inspection shall be documented and submitted to the prison administrator or a designee.
(3) Written local policy must identify a preventive maintenance program for the physical plant of the prison. This program must ensure the regular care and inspection of equipment that is essential for safe and efficient operation. A qualified person shall conduct an inspection of all equipment, at least semiannually, as specified by the manufacturer, to determine condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or a designee.
(4) Written local policy must provide for the inventory, control, storage and clean-up of toxic, caustic and flammable substances. Written local policy must also specify an exposure control plan for governing the handling of blood-born pathogens.
(5) Written local policy must require that prison operational support areas, to include laundry room, janitorial closets, mechanical room, electrical room, boiler room, maintenance room and storage room be maintained in a safe and clean condition at all times.
(6) Written local policy must require that the prison administrator maintain any required licenses or documentation of the prison’s compliance with an applicable building code/life safety code. Current licenses or certificates of occupancy, or both, shall be available for inspection in the prison.
(7) Written local policy must require that the approved bed capacity be specified annually. The actual in-house population may not exceed the prison’s approved bed capacity. The in-house population shall be calculated as the average daily inmate population for the 6 calendar months prior to the date of the prison inspection.
(8) Written local policy must require that an emergency power back-up system be available and in operational condition. This system shall be load tested at least on an annual basis, with this load test and the operating status of the system documented.
(9) Written local policy must identify a fire emergency/evacuation plan. This plan shall be reviewed annually by the prison administrator or a designee and identify an existing agreement with a responding fire department. Staff training for the implementation of this plan shall be provided on an annual basis. All areas of the prison shallbe involved and participate in fire drill exercises at least once each year, with all fire drills being documented. Written local policy must also provide for a system of inspection, testing and certification by a qualified person of all fire/smoke detectors, fire/smoke alarms and panels and fire fighting equipment on an annual basis.
Authority The provisions of this § 95.248 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(3) and (4) of the act of December 27, 1965 (P. L. 1237, No. 502) (61 P. S. § 460.3(3) and (4)).
Source The provisions of this § 95.248 readopted May 18, 1979, 9 Pa.B. 1619; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial pages (263855) to (263856).
Notes of Decisions The provisions of 37 Pa. Code § 95.248 (relating to sanitation and safety) were promulgated under the Fire and Panic Act (35 P. S. § § 1221—1235), and structures built before passage of the act are subject to the act and to this section. Padgett v. Stein, 406 F. Supp. 287 (M.D. Pa. 1975).
Cross References This section cited in 37 Pa. Code § 95.220b (relating to scope).
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