California Code of Regulations
Title 22 - Social Security
Division 12 - Child Care Facility Licensing Regulations
Chapter 1 - Child Care Center General Licensing Requirements
Article 7 - Physical Environment
Section 101238 - Buildings and Grounds

Universal Citation: 22 CA Code of Regs 101238

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.

(1) The licensee shall take measures to keep the center free of flies, other insects, and rodents.

(2) The licensee shall safely dispose of water and any disinfectants/solutions that have been used for cleaning.

(b) All children shall be protected against hazards within the center through provision of the following:

(1) Protective devices including but not limited to nonslip material on rugs.

(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard shall be kept free of obstruction.

(d) General permanent or portable storage space shall be available for the storage of the center's equipment and supplies.

(1) Such equipment and supplies shall be stored in this space and shall not be stored in space used to meet other requirements specified in this chapter.

(e) All licensees shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water, through a pool cover or by surrounding the pool with a fence.

(1) Fences shall be at least five feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use.
(A) If licensed prior to June 1, 1995, child care centers with existing pool fencing shall be exempt from the fence requirements specified in Section 101238(e)(1) until such fence is replaced or structurally altered. If the licensee replaces or alters the fence, it shall meet the requirements specified in Section 101238(e)(1).

(2) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 101238(e)(1).

(f) All in-ground pools, and all above-ground pools that cannot be emptied after each use shall have an operative pump and filtering system.

(g) Disinfectants, cleaning solutions, poisons and other items that could pose a danger if readily available to children shall be stored where inaccessible to children.

(1) Storage areas for poisons shall be locked.

(2) Firearms and other weapons shall not be allowed on or stored on the premises of a child care center.

(h) Medicines shall be stored as specified in Section 101226(e) and separately from items specified in Section 101238(g) above.

(i) The items specified in Section 101238(g) above shall not be stored in food-storage areas or in storage areas used by or for children.

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of subsections (f)-(f)(2) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, and 1596.81, Health and Safety Code.

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