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RULE §559.43Sanitation

(a) General.

  (1) Wastewater and sewage must be discharged into a state-approved municipal sewage system; any exception such as an on-site sewage facility must be as approved by the Texas Commission on Environmental Quality or authorized agent.

  (2) The water supply must be from a system approved by the Public Drinking Water Section of the Texas Commission on Environmental Quality, or from a system regulated by an entity responsible for water quality in that jurisdiction as approved by the Public Drinking Water Section of the Texas Commission on Environmental Quality.

  (3) Waste, trash, and garbage must be disposed from the premises at regular intervals in accordance with state and local practices. Excessive accumulations are not permitted. Outside containers must have tight-fitting lids left in closed position. Containers must be maintained in a clean and serviceable condition.

  (4) The building and grounds must be kept neat and free of refuse, litter, extraneous materials, and unsightly or injurious accumulations.

  (5) The facility must make every effort possible to guard against insects, rodents, rainwater, and other conditions adversely affecting a sanitary environment or the well-being of the client.

  (6) A pest control program must be provided by qualified facility staff or by contract with a licensed pest control company. The least toxic and least flammable effective chemicals must be used. Documented evidence of routine efforts to remove rodents and insects must be maintained.

  (7) The facility must be kept free of offensive odors, accumulations of dirt, rubbish, dust, and hazards. Floors must be maintained in good condition and cleaned regularly; walls and ceilings must be structurally maintained, repaired, and repainted or cleaned as needed. Storage areas, attics, and cellars must be free of refuse and extraneous materials.

  (8) There must be complete, separate, and adequate rest room facilities for men and women. Toilets must be provided as necessary to meet the needs of the clients; however, there must be not less than one toilet and one lavatory for every 15 clients or fraction thereof. A urinal may be substituted as the third required toilet in the men's bathroom. Multiple toilets must be compartmented. All toilets must be equipped with grab bars. Lavatories must be provided with hot and cold water, soap, and individual towels. A minimum of one bathing unit must be provided. Facilities licensed on or after May 1, 1999, must provide a minimum of one bathing unit that does not interfere with the use of the restroom by other clients. Each tub or shower must be in an individual room or enclosure that provides space for the private use of the bathing fixture, for drying and dressing, and for the client and attendant.

  (9) All bathrooms, toilet rooms, and other odor-producing rooms or areas for soiled and unsanitary operations must be ventilated to the exterior for odor control; the use of windows is not permissible.

  (10) In kitchens and laundries, there must be procedures that prevent cross contamination between clean and soiled utensils and clean and soiled linens.

(b) Kitchen.

  (1) The Department of State Health Services (DSHS) rules in 25 TAC §§229.161 - 229.171 and §§229.173 - 229.175 (relating to Texas Food Establishments) and local health ordinances or requirements must be observed in the storage, preparation, and distribution of food; in the cleaning of dishes, equipment, and work area; and in the storage and disposal of waste.

  (2) Facilities licensed after May 1, 1999, must provide three compartment sinks. A three- compartment sink must be used if washing, rinsing, and sanitizing utensils and equipment is done manually. Sinks must be large enough to permit the complete immersion of utensils and equipment and each compartment sink must be supplied with hot and cold potable water. A two- compartment sink will be acceptable where only single-service tableware is provided.

  (3) Food preparation kitchens must have separate hand-washing fixtures including hot and cold water, soap, and individual towels, preferably paper towels, in accordance with DSHS rules in 25 TAC §§229.161 - 229.171 and §§229.173 - 229.175.

  (4) Where kitchen provisions consist of serving kitchens only, and cooking equipment is used only to warm food, prepare hot drinks, or provide similar food service, the kitchen is not required to have separate hand-washing fixtures.

Source Note: The provisions of this §559.43 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249

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