Current through Register Vol. 42, No. 11, August 30, 2024
(1) Fire
Inspection. The facility shall submit a written fire department inspection
report, with no violations cited, to the Department of Human Resources.
Subsequent inspections may be requested by the Department of Human Resources
and must be updated a minimum of every five (5) years. Volunteer Fire
Department approvals and/or inspections will not be accepted. Copies of such
inspection reports shall be submitted to the Department. Copies shall also be
posted in the facility.
(2) Health
Inspection. The facility shall submit a written health department inspection
report to the Department of Human Resources. If food is prepared at the
facility, a copy of a current health department food permit shall also be
submitted. If food is not prepared at the facility, but is served by the
facility, the facility shall obtain written approval of the food service plan
from the health department, if available, and submit a copy of this approval to
the Department of Human Resources. Subsequent inspections may be requested by
the Department of Human Resources. Copies of such inspection reports shall be
submitted to the Department. Copies shall also be posted in the
facility.
(3) Zoning Approval. The
facility shall submit a written statement of compliance with applicable zoning
requirements to the Department. If no zoning laws or ordinances are applicable,
the facility shall submit a written statement verifying he/she has checked with
the local governing authority and there are no applicable zoning laws or
ordinances.
(4) Indoor Area.
(a) Exclusive use. Areas to which the
children in care are assigned shall be used exclusively by the children during
operating hours. When lunchroom facilities are shared with other groups,
children receiving facility care shall be seated together, apart from other
groups.
(b) Space per child. There
shall be at least 32 square feet of indoor activity space for each child.
Bathrooms, kitchens, isolation room, office, halls used as passageways, and
storage areas shall not be considered when computing activity space.
(c) Space for groups. Designated areas of
indoor activity space shall be provided for each grouping of
children.
(d) Bathroom facilities.
1. Location. Bathrooms shall be located on
the same floor level and under the same roof as activity areas.
2. Size of fixtures. The toilets and
handwashing sinks used by the children shall be child size in height, or shall
be adjusted for easy use with sturdy platforms, seat adapters, or both, as
needed.
(e) Diapering
facilities. One handwashing sink with warm running water, soap, and disposable
paper towels, shall be located in each room where children are
diapered.
(f) Space for ill or
injured children. Space shall be provided for a child who becomes ill or is
injured at the facility. Items used by an ill child shall be disinfected before
being used by another child.
(g)
Storage space for children and staff
1. Each
child shall have individual, labeled storage space. For children age 21/2 years
and older, the space shall be at child level.
2. Shelving, accessible to the children,
shall be provided for the play equipment and supplies, in areas used by
children.
3. Storage space shall be
provided for storage of teacher's supplies and reserve equipment.
4. Shelving that can be tipped over by an
adult shall be securely anchored, so that it does not pose a risk to
children.
(h) Office
space shall be provided for storage of records and to afford privacy for
conferences.
(i) Ventilation,
lighting, and heating in areas used by children.
1. Heating and air conditioning shall be
provided as appropriate to the season.
2. The temperature shall be maintained
between 68 and 82 degrees Fahrenheit.
3. There shall be a thermometer in each area
used by the children to monitor the temperature of the area. Thermometers shall
be safe for children (no glass, mercury, or other hazardous
material).
4. Outside windows that
are opened shall be securely screened.
5. Outside doors shall be kept
closed.
6. Lighting shall be
maintained at a level that will enable the children to participate in facility
activities.
7. During
napping/resting, lighting shall be maintained at a level that will enable
children to be visible.
(j) There shall be an operational telephone
in the facility for facility business only. The Department shall be notified if
the facility's telephone is out of service. The Department shall be notified of
any change in the facility's telephone number.
(k) Hazard prevention.
1. The facility shall be free from apparent
hazardous conditions.
2. All
flammable, poisonous and other hazardous substances and materials shall be kept
under lock and key or combination lock. All containers shall be labeled with
the name of the substance or material it contains.
3. No firearms or ammunition shall be kept or
allowed in the facility with the exception of law enforcement
officers.
4. Stairways used by the
children shall have hand railings within child's reach.
5. Clear glass doors shall be plainly marked
at child level, to avoid accidental impact.
6. Medicines and drugs for children or staff
shall be kept under lock and key or combination lock, in a separate location
away from toxic chemicals and other harmful items.
7. Barriers shall be erected around
radiators, heaters, and fans that are accessible to the children.
8. Exposed electrical outlets shall have
protective covers. The covers shall be large enough to prevent being
swallowed.
9. Consumption or
possession of alcohol or use of non-prescription narcotic or illegal substances
is prohibited on the facility premises, as well as any vehicle used by the
center.
10. Smoking or tobacco
usage is prohibited on the facility premises, as well as any vehicle used by
the facility (including but not limited to cigarettes, cigars, pipes, and
electronic cigarettes).
11. Bio
contaminants:
(i) If stored inside the
facility, must be diagnosed of in a covered, plastic lined receptable stored in
a locked area. The container must be labeled as bio contaminants.
(ii) If stored outside the facility, must be
disposed in a leak proof plastic bag that can be sealed and placed in a covered
receptable.
(l)
The facility shall be clean.
1. Cleaning
shall be done daily. Floors and bathroom fixtures shall be cleaned and
disinfected daily or more often as needed. Carpets shall be vacuumed
daily.
2. Cleaning shall not
interfere with children's activities.
3. Spills of body fluids, including blood,
feces, nasal and eye discharges, saliva, urine, and vomit shall be cleaned up
immediately. Staff shall wear gloves. Staff shall be careful not to get any of
the fluid in their eyes, nose, mouth or any open sores. Staff hands must be
washed with soap and water after cleaning up spills.
4. Staff shall clean and disinfect any
surfaces, such as countertops and floors, on which body fluids have been
spilled. Contaminated materials shall be discarded in a plastic bag that has
been securely sealed and placed in the appropriate bio contaminant receptable.
(i) Mops used to clean up body fluids shall
be:
(I) cleaned;
(II) rinsed with a disinfecting
solution;
(III) wrung as dry as
possible; and
(IV) hung to dry
completely.
(ii)
Contaminated rugs or carpets should be blotted as soon as possible to prevent
the contaminants from penetrating through the surface to lower layers. Next,
they are to be cleaned and sanitized.
5. Contaminated Clothing
(i) Contaminated clothing items may be sent
home in a sealed, plastic bag that is labeled with the child's name and stored
in an area that is not accessible to children.
(ii) If the center chooses to wash the
contaminated items, the items must be washed separately from non-contaminated
items.
(5) Outdoor Area.
(a) An off-street area for loading/unloading
children shall be provided.
(b)
Separate play areas shall be provided for children younger than age 21/2 years.
This may be achieved by scheduling alternate play periods.
(c) Outdoor play areas shall adjoin, or be
safely accessible to, the indoor area.
(d) Outdoor play areas on the premises shall
be enclosed by a fence or wall at least four (4) feet in height. The fence or
wall shall be free from sharp protruding edges. Gates shall be
secured.
(e) Shade and sun areas
shall be provided.
(f) The outdoor
play area and equipment shall be free of apparent hazardous conditions.
1. Concrete or asphalt shall not be used
under outdoor playground equipment, except wheel toys. Department approved
exceptions may be requested by the facility. The facility must provide
documentation of the Occupational Health and Safety Administration (OSHA)
approval.
2. The outdoor play area
shall be well-drained.
3.
Playground equipment which is not designed to be portable shall be securely
anchored so that it cannot be tipped over by an adult.
(g) Stairways or steps used by the children
shall have hand railings within child's reach.
(6) Swimming and Wading at the Facility
(a) Parent(s)/guardian(s) permission. Written
permission signed by each child's parent(s)/guardian(s) shall be on file in the
facility for each child participating in swimming or wading
activities.
(b) Pools two (2) feet
or more in depth:
1. A lifeguard shall be at
poolside at all times the pool is in use. Each lifeguard shall have a current
American Red Cross Lifeguard Training Certificate, a current First Aid
Certificate, and current Infant-Child (Pediatric) Cardiopulmonary Resuscitation
Certificate (CPR). A copy of each certificate shall be on file in the
facility.
2. The lifeguard shall
not be counted in the staff-child ratio for children in the pool.
3. The staff-child ratio for children in the
pool shall be:
(i) 1 staff for each child
younger than 21/2 years of age;
(ii) 1 staff for every 4 children ages 21/2
years up to 4 years;
(iii) 1 staff
for every 6 children ages 4 years up to 6 years;
(iv) 1 staff for every 10 children ages 6
years and older.
Ages |
Staff to Child
Ratio |
0 up to 21/2 years |
1 to 1 |
21/2 years up to 4 years |
1 to 4 |
4 years up to 6 years |
1 to 6 |
6 years and older |
1 to 10 |
4. Ratios shall be determined by the age of
the youngest child in the pool.
5.
Persons counted in the staff-child ratios for children in the pool shall meet
child care worker qualifications, and shall be in the pool at all
times.
6. In addition to the
lifeguard and persons counted in the staff-child ratios for children in the
pool, staff meeting child care worker qualifications shall be provided to
supervise any child or children in the enclosed pool area (inside the fence),
but not in the water.
7. If any
part of a child's body is in the water, the child shall be considered to be in
the pool and shall be counted in the staff-child ratios for children in the
pool.
8. Pools (above-ground on in
ground) shall be enclosed with a fence or a solid wall with no doors, windows,
or other openings. The fence or wall shall be at least four (4) feet in height,
and shall be constructed to prevent accessibility by children. The sides of an
above-ground pool shall not be considered a fence or wall. Gates and all other
access areas shall be locked when the pool is not in use.
(c) Wading structures less than two (2) feet
in depth.
1. There shall be at least one (1)
staff person with a current Infant-Child (Pediatric) Cardiopulmonary
Resuscitation Certificate (CPR) and a current First Aid Certificate, present at
each wading structure at all times children are in the wading area. A copy of
the CPR and First Aid Certificates shall be on file in the facility. Required
staff-child ratios shall be met at all times.
2. There shall be at least two (2) staff at
each wading structure at all times it is in use. Staff supervising children
shall be with in arm's length providing "touch supervision."
3. Clean water shall be provided each
day.
4. The wading structure shall
be emptied when not in use.
(7) Away from facility activities.
(a)
Note: the department of
human resources does not inspect away-from-facility activities, including
swimming or transportation or any other activities. The facility shall assume
full authority and responsibility for activities away from the
facility.
(b) If the facility
provides activities away from the facility, a written statement, signed by each
child's parent(s)/guardian(s), shall be on file in the facility prior to the
child's participation in such activities. The statement shall indicate that the
parent(s)/guardian(s) has/have been informed that the department of human
resources does not inspect activities provided away from the facility and that
the facility assumes full responsibility for such activities.
(8) Furnishings and Equipment.
(a) Size. The furniture and equipment shall
be appropriate for the age and size of the children.
(b) Condition.
1. Equipment and furniture shall be in
operative condition, free of sharp, loose, or rusty parts.
2. Equipment and furniture shall be easily
cleaned and kept in a clean and safe condition.
3. Equipment and furniture used by infants
and toddlers shall be free of small parts that could be swallowed.
4. Equipment and furniture made of easily
breakable materials shall not be used.
(c) Amount and type of furnishings to be
provided by the facility
1. There shall be
table space for each child who is able to sit at the table.
2. There shall be a straight chair, with a
back, without arms, for each child who is able to use a chair. Children's desks
are prohibited.
3. A feeding chair
or an age appropriate table and chair shall be provided when children are
eating.
4. There shall be a crib,
manufactured with slats no more than 2 3/8 inches apart, provided for each
infant. Each crib shall have a firm, waterproof mattress that fits snugly
against all sides of the crib. Mattresses shall be in good condition with no
tears or exposed foam rubber or other stuffing material. Stacked cribs or
multiple crib units are prohibited.
5. In accordance with the U. S. Consumer
Product Safety Improvement Act of 2008, any crib provided by child care
facilities and family homes must meet federal safety standards. To verify
compliance with the federal standards, all cribs must have a label attached
showing the date of manufacture on or after June 28, 2011.
6. There shall be a washable cot for each
toddler and preschool child and any school-age child who naps.