Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 41 - Child Care Assistance Program
Article 2 - Provisions for Providers
7 AAC 41.220 - Environmental health and safety requirements

Universal Citation: 7 AK Admin Code 41.220

Current through August 30, 2024

(a) A licensed child care provider described in 7 AAC 41.200(a)(l) shall meet the applicable health and safety requirements of 7 AAC 10.1000 - 7 AAC 10.1095. A provider described in 7 AAC 41.200(a)(2), (3), or (4) shall meet the applicable environmental health and safety requirements of the accrediting, certifying, or approving agency.

(b) A provider described in 7 AAC 41,200(a)(5) must meet the environmental health and safety requirements of (c) of this section before approval to participate in the child care assistance program under this chapter.

(c) In addition to the meeting other health and safety requirements of this chapter, a provider described in (b) of this section shall ensure basic environmental health and safety by meeting the requirements of this subsection. The provider shall

(1) maintain a functional telephone or other identified means of communication;

(2) maintain an ample supply of potable water;

(3) provide and maintain clean and sanitary toilet facilities and ensure that in each toilet room
(A) at least one easily cleanable waste receptacle is provided; if soiled diapers are kept in a waste receptacle until disposed of, that waste receptacle must be covered;

(B) toilet tissue is provided from a wall-hung or protected container at each toilet;

(C) each step stool, if provided, has a nonslip tread made of a water-impervious, durable material;

(D) each floor and wall is covered with smooth, durable, nonabsorbent, easily cleanable material;

(E) each toilet lid, seat, and handle and each handsink is kept clean and sanitary;

(F) each handsink is used only for its designated purpose and is equipped with accessible soap and a single-use towel dispenser or cloth towels; the provider must ensure single-use towels are discarded after each use and cloth towels are laundered after each use; and

(G) each potty-cbair is emptied into a toilet and cleaned and sanitized after each use in a utility sink or another place approved by the department; the provider shall ensure that the utility sink or other area is cleaned and sanitized after each use;

(4) ensure that the child care premises and surrounding gjounds are kept clean, sanitary, safe, and in good repair; the provider shall ensure that
(A) the premises are free of hazards, including splintered surfaces, sharp edges, protruding corners, broken or hazardous toys or play equipment, steep stairways, ice on walkways, unsecured play equipment, and unsafe play areas;

(B) insects, rodents, and other pests are controlled and that the premises are kept free of conditions that are likely to attract or harbor pests; any pesticide use is subject to the notice and other applicable requirements of 7 AAC 10.1093; if the department determines that the provider is not adequately controlling pests, the department may require the provider to hire a commercial pest control applicator certified under 18 AAC 90, or to take other appropriate action if a commercial pest control applicator is not available in the community;

(C) outdoor areas are well drained and free from deep depressions that may collect standing water; if necessary to ensure the safety of children in care, the department will require that an outdoor recreation area be enclosed with landscaping, a fence, or another effective barrier that prevents or deters access to a busy roadway or other potential hazard;

(D) ventilation by natural or mechanical means is provided to keep air fresh and to prevent the accumulation of heat, steam, condensation, vapors, smoke, or fumes; openings to the outside must prevent the entrance of rodents, insects, and other pests;

(E) walls and ceilings have smooth, durable, nonabsorbent, easily cleanable surfaces, except that rough-textured and acoustical tile ceilings are permitted in bedrooms and living rooms;

(F) lead-based paint is not used, and any painted surface is free from flaking;

(G) stairways and steps have handrails and nonslip treads or covering;

(H) at any faucet that is accessible to children, hot water temperature is no less than 100 degrees Fahrenheit, and no more than 120 degrees Fahrenheit;

(I) an artificial light source is provided in each area of the premises; the light must be sufficient and appropriate for the activities performed in each area by children in care;

(J) cleaners, medicines, and other harmful substances are stored in a place that is inaccessible to children; and

(K) furniture and equipment is durable, safe, and easily cleanable, and is kept clean and in good repair;

(5) ensure that smoking is prohibited on the child care premises while children are in care; the provider shall ensure that
(A) tobacco, cigarettes, or other smoking products, and ashtrays, lighters, or other smoking accessories are not visible or accessible to children;

(B) the premises do not smell of smoke from cigarettes or other smoking products; and

(C) any vehicle used to transport children is smoke-free;

(6) ensure that alcohol, marijuana, legal controlled substances, and illegal controlled substances are not accessible to children or used during the hours that children are in care; in tills paragraph, "controlled substance" means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 - 11.71.190;

(7) transport children in safe vehicles and use appropriate child restraints in each vehicle in accordance with 7 AAC 57.565;

(8) ensure that any firearms are unloaded and stored in a locked gun safe or other locked place that is not visible or accessible to children; the provider shall also ensure that ammunition is stored separately from the firearms in a place that is inaccessible to children; if firearms are present on the premises, the provider shall inform each parent that firearms are present on the premises;

(9) ensure that safety gates are installed and used to prevent access to stairs if infants or toddlers as described in 7 AAC 41,025(b) are in care;

(10) ensure that outlet covers are installed in all electrical outlets that are not in use and that are accessible to children under five years of age;

(11) ensure that items brought by a parent for a child's personal use, including towels for bathing, toothbrushes, and combs, are stored separately to prevent contamination;

(12) ensure that toys used by children are kept clean and sanitary and if a toy has been mouthed or is otherwise contaminated, that toy is cleaned and sanitized before use by another child;

(13) ensure that each crib, crib mattress, cot, mat, and playpen is cleaned and sanitized
(A) at least weekly;

(B) before assignment to another child in care; and

(C) whenever soiled; and

(14) ensure that children are not allowed to participate in a high-risk activity including playing near or jumping on any type of trampoline.

Authority:AS 47.25.001

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