Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

Pennsylvania Code



705.21.    General requirements for nonresidential facilities.
705.22.    Building exterior and grounds.
705.23.    Counseling on activity areas and office space.
705.24.    Bathrooms.
705.25.    Food service.
705.26.    Heating and cooling.
705.27.    General safety and emergency procedures.
705.28.    Fire safety.
705.29.    Child care.

§ 705.21. General requirements for nonresidential facilities.

 The nonresidential facility shall:

   (1)  Hold a license under Chapter 709 (relating to standards for licensure of freestanding treatment facilities), a certificate under Chapter 711 (relating to standards for certification of treatment activities which are part of a health care facility) or approval under Chapter 713 (reserved).

   (2)  Have a certificate of occupancy from the Department of Labor and Industry or its local equivalent.

   (3)  Comply with applicable Federal, State and local laws and ordinances.

§ 705.22. Building exterior and grounds.

 The nonresidential facility shall:

   (1)  Maintain all structures, fences and playground equipment, when applicable, on the grounds of the facility so as to be free from any danger to health and safety.

   (2)  Keep the grounds of the facility clean, safe, sanitary and in good repair at all times for the safety and well being of clients, employees and visitors. The exterior of the building and the building grounds or yard shall be free of hazards.

   (3)  Keep exterior exits, stairs and walkways lighted at night if in use.

   (4)  Store all trash, garbage and rubbish in noncombustible, covered containers that prevent the penetration of insects and rodents, and remove it at least once every week.

§ 705.23. Counseling or activity areas and office space.

 The nonresidential facility shall:

   (1)  Maintain space for both individual and group counseling sessions.

   (2)  Maintain counseling areas with furnishings which are in good repair.

   (3)  Ensure privacy so that counseling sessions cannot be seen or heard outside the counseling room. Counseling room walls shall extend from the floor to the ceiling.

   (4)  Locate counseling areas so that noise does not disturb or interfere with counseling sessions.

§ 705.24. Bathrooms.

 The nonresidential facility shall:

   (1)  Provide bathrooms to accommodate staff, clients and other users of the facility.

   (2)  Provide a sink, a wall mirror, an operable soap dispenser, and either individual paper towels or a mechanical dryer in each bathroom.

   (3)  Have hot and cold water under pressure. Hot water temperature may not exceed 120°F.

   (4)  Provide privacy in toilets by doors.

   (5)  Ventilate bathrooms by exhaust fan or window.

   (6)  Provide toilet paper at each toilet at all times.

   (7)  Maintain each bathroom in a functional, clean and sanitary manner at all times.

§ 705.25. Food service.

 A nonresidential facility may provide meals to clients through onsite food preparation areas, a central food preparation area or contractual arrangements with vendors or caterers. A nonresidential facility which operates an onsite food preparation area or a central food preparation area shall:

   (1)  Have a food preparation area with a refrigerator, a sink, a stove, an oven and cabinet space for storage.

   (2)  Clean and disinfect food preparation areas and appliances following each prepared meal.

   (3)  Clean all eating, drinking and cooking utensils and all food preparation areas after each usage and store the utensils in a clean enclosed area.

   (4)  Ensure that storage areas for foods are free of food particles, dust and dirt.

   (5)  Keep cold food at or below 40°F, hot food at or above 140°F, and frozen food at or below 0°F.

   (6)  Store all food items off the floor.

   (7)  Prohibit pets in the food preparation area.

   (8)  Prohibit smoking in food preparation areas.

§ 705.26. Heating and cooling.

 The nonresidential facility:

   (1)  Shall have a heating and cooling ventilation system that is adequate to maintain an indoor temperature of at least 65°F in the winter. When indoor temperatures exceed 90°F, mechanical ventilation such as fans or air conditioning shall be used.

   (2)  May not permit in the facility heaters that are not permanently mounted or installed.

§ 705.27. General safety and emergency procedures.

 The nonresidential facility shall:

   (1)  Be free of rodent and insect infestation.

   (2)  Require that pets which are housed in a nonresidential facility be cared for in a safe and sanitary manner.

   (3)  Limit smoking to designated smoking areas.

   (4)  Provide written procedures for staff and clients to follow in case of an emergency which shall include provisions for:

     (i)   The evacuation and transfer of clients and staff to a safe location.

     (ii)   Assignments of staff during emergencies.

   (5)  Notify the Department within 48 hours of a fire, other disaster or situation which affects the continuation of services.

§ 705.28. Fire safety.

 (a)  Exits.

   (1)  The nonresidential facility shall:

     (i)   Ensure that stairways, hallways and exits from rooms and from the nonresidential facility are unobstructed.

     (ii)   Maintain a minimum of two exits on every floor, including the basement, that are separated by a minimum distance of 15 feet.

     (iii)   Maintain each ramp, interior stairway and outside steps exceeding two steps with a well-secured handrail and maintain each porch that has over an 18 inch drop with a well-secured railing.

     (iv)   Clearly indicate exits by the use of signs.

     (v)   Light interior exits and stairs at all times.

   (2)  Portable ladders and rope escapes are not considered exits, but may be used in addition to standard exits.

 (b)  Smoke detectors and fire alarms. The nonresidential facility shall:

   (1)  Maintain a minimum of one operable automatic smoke detector on each floor, including the basement and attic.

   (2)  Place the smoke detector in a common area or hallway. All detection devices shall be interconnected.

   (3)  Repair inoperable smoke detectors or fire alarms within 48 hours of the time the detector or alarm is found to be inoperative.

   (4)  Maintain a manual fire alarm system that is audible throughout the facility.

   (5)  Maintain automatic smoke detectors and fire alarms of a type approved by the Department of Labor and Industry or by the Underwriters Laboratories.

 (c)  Fire extinguishers. The nonresidential facility shall:

   (1)  Maintain a portable fire extinguisher with a minimum of an ABC rating which shall be located on each floor. If there is more than 2,000 square feet of floor space on a floor, there shall be an additional fire extinguisher for each 2,000 square feet or fraction thereof.

   (2)  Maintain at least one portable fire extinguisher with a minimum of an ABC rating in each kitchen.

     (i)   This fire extinguisher shall meet the requirements of one portable fire extinguisher for a 2,000 square foot area.

     (ii)   The extinguisher shall be located near an exit and away from the cooking area.

   (3)  Ensure fire extinguishers are inspected and approved annually by the local fire department or fire extinguisher company. The date of the inspection shall be indicated on the extinguisher or inspection tag. If a fire extinguisher is found to be inoperable, it shall be replaced or repaired within 48 hours of the time it was found to be inoperable.

   (4)  Instruct staff in the use of the fire extinguisher upon staff employment. This instruction shall be documented by the facility.

 (d)  Fire drills. The nonresidential facility shall:

   (1)  Conduct unannounced fire drills at least once a month.

   (2)  Conduct fire drills during normal staffing conditions.

   (3)  Ensure that all personnel on all shifts are trained to perform assigned tasks during emergencies.

   (4)  Maintain a written fire drill record including the date, item, the amount of time it took for evacuation, the exit route used, the number of persons in the facility at the time of the drill, problems encountered and whether the fire alarm or smoke detector was operative.

   (5)  Prepare alternate exit routes to be used during fire drills.

   (6)  Conduct fire drills on different days of the week, at different times of the day and on different staffing shifts.

   (7)  Set off a fire alarm or smoke detector during each fire drill.

   (8)  Prohibit the use of elevators during a fire drill or a fire.

§ 705.29. Child care.

 When a nonresidential facility admits children for services or for custodial care, the following requirements apply:

   (1)  Building exterior and grounds. The nonresidential facility shall:

     (i)   Fence off or have natural barriers to protect children from all areas determined to be unsafe including steep grades, open pits, swimming pools, high voltage boosters or roads.

     (ii)   Provide access to outdoor recreational space and recreational equipment.

   (2)  Interior space. The nonresidential facility shall:

     (i)   Provide an interior play area which meets the developmental and recreational needs of the children in care.

     (ii)   Maintain security screens or safety locks for all operable windows.

     (iii)   Maintain protective caps over each electrical outlet.

     (iv)   Secure all hazardous and poisonous substances and materials with safety latches or locks.

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