Current through Register Vol. 48, No. 38, September 20, 2024
a) The physical facilities of the home, both
indoors and outdoors, shall meet the following requirements for safety to
children.
1) The home shall have a first aid
kit consisting of adhesive bandages, scissors, non-permeable gloves, Poison
Control Center telephone number (1-800-222-1222 or 1-800-942-5969),
thermometer, sterile gauze pads, adhesive tape, tweezers, first aid cream and
mild soap.
2) The kitchen shall be
equipped with a readily accessible and operable fire extinguisher rated for
Class A, B, and C fires and a flashlight in working order.
3) All electrical outlets that are in areas
used by the day care children shall have protective coverings. There shall be
no exposed or uninsulated wiring.
4) The home shall be equipped with a minimum
of one approved smoke detector in operating condition on every floor level,
including basements and occupied attics.
A) A
smoke detector in operating condition shall be within each room where day care
children nap or sleep. The detector shall be installed on the ceiling and at
least 6 inches from any wall, or on a wall located between 4 and 6 inches from
the ceiling. In addition, there shall be at least one detector at the beginning
and end of each separate corridor or hallway 200 feet or more in length in any
occupied story.
B) In any facility
constructed after December 31, 1987, or which undergoes substantial remodeling
of its structure or wiring system after that date, the smoke detectors shall be
permanently wired into the structure's AC power line, and, if more than one
detector is required to be installed, the detectors shall be wired so that the
activation of one detector will activate all the detectors in the facility
unit. For purposes of this subsection (a)(4), "substantial remodeling"
represents more than 15 percent of the replacement cost of the group day care
home. For homes that did not have wired installation of smoke detectors in each
room prior to December 15, 2011, the Department may allow the installation of a
battery-operated smoke detector in each room where children nap or sleep and
deem the home to be in compliance.
C) Compliance with any applicable federal,
State or local law, rule or building code which requires the installation and
maintenance of smoke detectors in a manner different from this Section, but
providing a level of safety for occupants which is equal to or greater than
that provided by this Section, shall be deemed to be compliance with this
Section. (Section 2 of the Facilities Requiring Smoke Detectors Act [
425 ILCS
10/2] )
D)
For homes constructed after December 15, 2011, or that underwent substantial
remodeling of structure or wiring systems after December 15, 2011, the smoke
detectors shall be permanently wired into the structure's AC power line and, if
more than one detector is required to be installed, the detectors shall be
wired so that the activation of one detector will activate all the detectors in
the facility unit.
5)
Carbon Monoxide Detector
A) A home that has
an attached garage and/or relies on combustion of fossil fuel for
heating, ventilation, or hot water shall be equipped with a minimum of
one approved carbon monoxide detector in operating condition within 15
feet of rooms where children nap or sleep.
B)
The carbon monoxide detector may
be combined with smoke detector devices, provided that the combined unit
complies with subsection (a)(4) and this subsection (a)(5). [
430 ILCS
135/10]
6) The home and indoor space shall be
maintained in good repair and shall provide a safe, comfortable environment for
the children.
7) A draft-free
temperature of 65°F to 75°F shall be maintained during the winter
months or heating season. For infants and toddlers, a temperature of 68°F
to 82°F shall be maintained during the summer or air-conditioning months.
When the temperature in the home exceeds 78°F, measures shall be taken to
cool the children. Temperatures shall be measured at least 3 feet above the
floor.
8) Fixed space heaters,
fireplaces, radiators, and other heating sources in areas occupied by children
shall be separated by partitions or a sturdy barrier to prevent contact.
Portable space heaters may not be used in a group day care home during the
hours that child care is provided.
9) A facility in which a wood-burning stove
or fireplace has been installed and that is used during the hours that child
care is provided, shall provide a written plan of how the stove or fireplace
will be used and what actions will be taken to ensure the children's safety
when in use.
10) In one and 2
family dwellings, children under 30 months of age shall be housed and cared for
on the second floor or below. In other residential buildings, children under 30
months of age shall be housed and cared for only in areas in which OSFM states,
in writing, that the combination of remote exits, fire detection, fire
suppression, and/or automatic sprinkler systems render the residence safe for
the care of infants and toddlers.
11) No area accessible only by a ladder or
folding stairs or through a trap door shall be used for sleeping or
napping.
12) When the basement area
may be used for child care, 2 exits shall be provided.
A) At least one exit shall be a basement exit
via a door directly to the outside (without traversing any other level of the
home) or a protected exit from a basement via a door or stairway that allows
unobstructed travel directly to the outside of the building at street or ground
level. The stairway may not be more than 8 feet high.
B) A second exit may be a window.
i) The window shall be operable from the
inside without the use of tools and provide a clear opening not less than 20
inches in width, 24 inches in height, and 5.7 square feet in area.
ii) If the window is used as a second exit,
the bottom of the window opening shall be no more than 44 inches above the
floor.
iii) When the bottom of the
window opening used as a second exit is more than 24 inches from the floor,
there shall be a permanently affixed, sturdy ramp or stairs located below the
window to allow speedy access in the event of an emergency.
C) If the basement area does not
meet these existing requirements, the basement may be used for child care only
with the prior written approval of OSFM.
13) All walls and surfaces shall be
maintained free from lead paint and chipped or peeling paint.
14) Walls of rooms that children use shall be
free of carpeting, fabric or plastic products. Inflammable or combustible
artwork attached to the walls shall not exceed 20% of any wall area.
15) Furniture and equipment shall be kept in
safe repair.
16) First aid
supplies, medication, cleaning materials, poisons, sharp scissors, plastic
bags, sharp knives, cigarettes, matches, lighters, flammable liquids, and other
hazardous materials shall be stored in places inaccessible to children.
Hazardous items for infants and toddlers also include items that can cause
choking, including but not limited to: coins, balloons, safety pins, marbles,
Styrofoam (trademark) and similar products, and sponge, soft rubber or soft
plastic toys that can be bitten or broken into small pieces.
17) Tools and gardening equipment shall be
stored in locked cabinets, if possible, or in places inaccessible to all
children.
18) An operable telephone
shall be available on the premises of the licensee. The number of the Poison
Control Center (1-800-222-1222 or 1-800-942-5969) and other emergency numbers
shall be posted in an area that is readily available in an emergency.
19) Free hanging cords on blinds, shades and
drapes shall be tied or otherwise kept out of reach of children.
20) Effective January 1, 2013, the home shall
be tested for radon at least once every 3 years. The most current radon
measurements shall be posted next to the license in the home, on a form
provided by the Department containing the required informative statement from
Section 5.8(d) of the Child Act of 1969 [ 225 ILCS 10 ].
b) Escape routes from the group day care home
shall be designed and maintained for swift and safe exiting in the event of an
emergency.
1) All corridors and escape routes
from the group day care home shall be kept clear of obstructions.
2) Dead-end paths or corridors within the
group day care home shall be a maximum of 20 feet in length.
3) All escape routes from the group day care
home shall have operable lighting. The lighting shall be activated during any
hours of operation when natural lighting is reduced to a level that prohibits
visibility within the escape route.
4) Bathroom doors in areas accessible to day
care children shall allow staff to open the door from the outside of the
bathroom if necessary.
5) All
closet doors shall be able to be opened from inside of the closet without the
use of a key.
6) There shall be no
more than 2 releasing devices (door knobs, hand-operated deadbolts, thumb-turn
locks, etc.) on any exit door or exit window.
7) Exit doors and exit windows shall be
operable without the use of a key, a tool or special knowledge to open the door
from the inside and exit to the outside.
8) Exit doors and exit windows shall be kept
clear of equipment and debris at all times.
9) The licensee shall hold monthly fire
safety inspections of the group day care home.
10) The licensee or staff in the home shall
inspect the group day care home daily, prior to arrival of children, ensuring
that escape routes are clear and that exit doors and exit windows are
operable.
11) A log of these
monthly and daily inspections shall be maintained for at least one year, and
shall be available for review by the licensing representative. The log shall
reflect, at minimum, the date and time of each inspection and the full name of
the person who conducted it.
c) The licensee shall identify those areas in
the home used for child care. The identified areas minus any special use areas
shall be measured to calculate the square footage available for child care.
There shall be:
1) A minimum of 35 square
feet of floor space for each child in care; and
2) An additional 20 square feet of floor
space for each child under 30 months of age when the play area is the same as
the sleep area. However, if portable bedding is used for napping, then removed,
the licensing representative shall approve the use of only 35 square feet of
space for each child if the applicant/licensee has adequate storage space for
the bedding materials and the bedding materials are removed before and after
nap time.
d)
No
person may smoke tobacco in any area of the group day care home in which day
care services are being provided to children, while those children are
present on the premises. In addition, no person may smoke tobacco
while providing transportation, in either an open or enclosed vehicle, to
children who are receiving child care services. Nothing in this
subsection prohibits smoking in the home in the presence of a person's own
children or in the presence of children to whom day care services are not then
being provided. [
225 ILCS
10/5.5]
e) Indoor space shall consist of a clean,
comfortable environment for children.
1) The
group day care home shall be well-ventilated, free from observable hazards,
properly lighted and heated, and free of fire hazards.
2) The dwelling shall be kept clean,
sanitary, and in good repair.
3)
There shall be provision for isolating a child who becomes ill or who is
suspected of having a communicable, infectious or contagious disease.
4) When used for child care, floors shall
have protective covering such as, but not limited to, tile, carpet or linoleum.
Paint or sealer alone is not acceptable as a protective covering.
5) When children under 30 months of age are
in care, stairs leading to second levels, attics or basements shall be fitted
with a sturdy gate, door or other barrier to prevent the children's access to
the stairs without adult supervision. Such a barrier shall be moveable enough
so as not to impede evacuation, if necessary.
f) The kitchen shall be clean, equipped for
the preservation, storage, preparation and serving of food, and reasonably safe
from hazards.
g) Garbage and refuse
containers used to discard diapering supplies, food products or disposable meal
service supplies in areas for child care shall be disinfected daily unless
plastic liners are used and disposed of daily.
h) A safe and sanitary water supply shall be
maintained. If a private water supply is used instead of an approved public
water supply, the applicant shall supply written records of current test
results indicating the water supply is safe for drinking. New test results must
be provided prior to renewal of license. If nitrate content exceeds 10 ppm,
bottled water must be used for children under 15 months of age.
i) Any group day care home currently licensed
as of January 1, 2019 shall submit a survey provided by its day care licensing
office that includes the construction date of the home. The construction date
for new day care home applicants is captured on the CFS 597-DCI form.
j) Any group day care home serving children
under 6 years of age housed in a building constructed on or before January 1,
2000 shall be subject to lead in water testing by an IEPA laboratory or an
IEPA-certified laboratory. A current list of certified laboratories can be
obtained by contacting the Day Care Information Line at 1-877-746-0829, or can
be accessed online through
https://sunshine.dcfs.illinois.gov/Content/Licensing/LeadTesting.aspx.
Water sampling guidelines followed by certified laboratories may also be
accessed through this link. Test results and mitigation plans, when required,
shall be submitted to the local licensing office within 120 days after
notification of test results of 2.01 ppb or above.
1) All lead in water test results (at, above
or below 2.01 ppb) shall be posted in the home in a visible location and
submitted by the applicant or licensee directly to his or her local licensing
office;
2) A mitigation plan shall
be made available to parents and submitted to the local licensing office if
test results indicate the presence of lead for each drinking water source with
a result of 2.01 ppb or above and shall specify:
A) Interim measures the applicant/licensee
will take to ensure a safe drinking water supply during mitigation;
B) Mitigation plan start and planned
completion dates;
C) Retesting
dates, to include one test to occur no later than six months following the
completion of the mitigation plan and a second test no later than one year
after the completion of the mitigation plan;
D) Each drinking water source that tested at
2.01 ppb or above and the planned mitigation activity for each source. Examples
of acceptable mitigation strategies include, but are not limited to,
installation of mechanical flushing devices, replacement of lead-based lines or
fixtures, or reverse osmosis filters installed at affected drinking water
fixtures; and
E) In extenuating
circumstances in which mitigation cannot be readily undertaken (e.g., lead in
the municipal water source), alternative external sources of water that tests
below 2.01 ppb, such as bottled water with that test result, may be used
subject to Department approval.
3) Following successful mitigation that
results in two consecutive tests below 2.01 ppb, further testing is only
required if there has been any change to the water profile of the building,
including, but not limited to, replacement of the hot water heater, change in
the water source, or change to, or replacement of, the water service
lines.
4) The Department reserves
the right to require testing upon suspicion of the group day care home
misrepresenting the construction date of the building, submitting false or
altered testing results, failing to follow mitigation remedies, or committing
other actions that may compromise the health and welfare of children. Any group
day care home that fails to insure testing and reasonable mitigation action
when necessary may be subject to enforcement action, up to and including
revocation of, or refusal to renew, the license.
k) Hot and cold running water shall be
provided. When children under age 10 or who are developmentally disabled are
cared for, the maximum hot water temperature from all faucets of sinks
designated for children washing hands shall be no more than 115°
Fahrenheit. Caregivers shall always test the hot water before allowing children
less than 5 years of age to use the water.
l) The group day care home shall provide one
toilet for each 10 persons or portion thereof who are present during the hours
the group day care home is in operation. These 10 persons include caregivers,
child care assistants, members of the household and children other than those
under 30 months of age for whom a potty chair is provided.
m) There shall be a minimum of 75 square feet
of outdoor space per child for the total number of children using the area at
any one time. At least 25% of the required space shall be on the premises of
the group day care home. The remainder may be a public park, playground or
other outdoor recreation area within walking distance (1000 feet) of the group
day care home provided the caregiver or an adult assistant accompanies children
to this outdoor area.
n) There
shall be safe outdoor space for active play.
1) Space shall be provided for play in yards,
nearby parks or playgrounds under adult supervision.
2) Space shall be protected by physical means
(e.g., fence, tree line, chairs, ropes, etc.) against all water hazards,
including, but not limited to, pools, ponds, standing water, ornamental bodies
of water, and retention ponds, regardless of the depth of the water, and by
adult caregiver supervision at times when children in care are present. Other
hazards, such as, but not limited to, heavy traffic and construction, shall be
inaccessible to children in care through a physical barrier and adult
supervision. Further, outdoor space shall be partitioned or supervised in such
a manner that young children are not endangered by the activities of older
children.
3) Play areas shall be
well drained and safely maintained.
4) All pieces of outdoor equipment used by
children 5 years of age and younger on the day care premises that is purchased
or installed on or after April 1, 2001 shall meet the following standards to
guard against entrapment or situations that may cause strangulation.
A) Openings in exercise rings shall be
smaller than 41/2 inches or larger than 9 inches in diameter.
B) There shall be no openings in a play
structure with a dimension between 31/2 inches and 9 inches (except for
exercise rings). Side railings, stairs and other locations that a child might
slip or climb through shall be checked for appropriate dimensions.
C) Distances between vertical slats or poles,
where used, must be 31/2 inches or less (to prevent head entrapment).
D) No opening shall form an angle of less
than 55 degrees unless one leg of the angle is horizontal or slopes
downward.
E) No opening shall be
between 3/8 inch and one inch in size (to prevent finger entrapment).
5) The use of a trampoline by
children in care is prohibited.
6)
In-ground swimming pools located in areas accessible to children shall be
fenced. The fence shall be at least 5 feet in height and secured by a locked
gate. Group day care homes that are licensed or have a permit on April 1, 2001
and are in compliance with the requirement for a 31/2 foot fence shall be
considered in compliance with the fence requirement.
7) All above-ground pools shall have
non-climbable sidewalls that are at least 4 feet high or shall be enclosed with
a 5 foot fence that is at least 36 inches away from the pool's side wall and
secured with a locked gate. When the pool is not in use, steps shall be removed
from the pool or otherwise protected to insure the pool cannot be accessed.
Group day care homes that are licensed or have a permit on April 1, 2001 and
are in compliance with the requirement for a 31/2 foot fence shall be
considered in compliance with the fence requirement.
8) Portable wading pools shall be emptied
daily and disinfected before being air-dried.
9) All hot tubs shall have securely locked
covers or otherwise be inaccessible to children.
10) Children shall be closely supervised by
the caregiver when public parks or playgrounds are used for play, during play
and while traveling to and from the area.
11) Supervision shall be provided during
outdoor play by caregivers who meet the requirements of Section
408.45.
o) A caregiver who relies upon
outdoor space shared with other residents in a multiple family dwelling shall
have a written agreement with the other residents or the owners of the outdoor
area authorizing the use of the space by the group day care home and the
children cared for.
p) Insect and
rodent control shall be maintained.
1) All
outside doors except those with operable self-closing devices, operable
windows, and other openings used for ventilation shall be screened.
2) Chemicals for insect and rodent control
shall be applied in minimum amounts and shall not be used when children are
present. Over-the-counter products may be used only according to package
instructions. Commercial chemicals, if used, shall be applied by a licensed
pest control operator and shall meet all standards of the Department of Public
Health (Structural Pest Control Code, 77 Ill. Adm. Code 830). A record of any
pesticides used shall be maintained.
q) Healthy household pets that present no
danger to children are permitted.
1) A
licensed veterinarian shall certify that the animals are free of diseases that
could endanger the children's health and that dogs and cats have been
inoculated for rabies.
2) If
certification is not available, animals shall be confined at all times in an
area inaccessible to children.
3)
There shall be careful supervision of children who are permitted to handle and
care for the animals.
4) Immediate
treatment shall be available to any child who is bitten or scratched by an
animal.
5) The presence of monkeys,
ferrets, turtles, iguanas, psittacine birds (birds of the parrot family) or any
wild or dangerous animal is prohibited in areas accessible to children during
the hours the group day care home is in operation. Wild and dangerous animals
include, but are not limited to, venomous and constricting snakes,
undomesticated cats and dogs, raccoons, and other animals determined to be
dangerous by local public health authorities.
r) The Department shall request that the
Illinois Department of Public Health or a local health department authorized by
it and/or the Office of the State Fire Marshal or the local fire department
authorized by it inspect the group day care home and its premises whenever the
Department has reason to believe that conditions in the home or its premises
pose potential health or safety hazards to the children cared for in the
home.
s) Written emergency
preparedness plans shall be developed and shall specify the actions to be taken
in the event of a fire, tornado or other emergency. All caregivers and
assistants in the group day care home shall be familiar with these plans. The
emergency preparedness plans shall include, but are not limited to:
1) A fire evacuation plan identifying exits
from each area used for child care and specifying the evacuation
route.
2) A fire evacuation plan
identifying a safe assembly area outside of the home. It shall also identify a
nearby indoor location for post-evacuation holding if needed.
3) A fire evacuation plan requiring that the
home be evacuated immediately and the children's safety insured before calling
the local emergency number 911 or attempting to combat the fire.
4) Monthly fire drills to be conducted for
the purpose of removing children from the group day care home as quickly as
possible during an emergency.
5)
Monthly tornado drills to be conducted for the purpose of getting children
accustomed to moving to a position of safety in event of a tornado. The
alphabetic card file required by Section
408.120(a)(2)
shall accompany the caregiver during the drills.
6) A tornado plan specifying actions that
will be taken in the event of tornado or other severe weather warning,
including designation of those areas of the group day care home to be used as
safe spots.
7) Specific procedures
for notifying parents if evacuation is necessary and how they will be reunited
with their children.
8) Specific
procedures for evacuating children who are less than 30 months of age and/or
for evacuating special needs children, when applicable.
t) Fire and tornado drills shall be
documented and that documentation shall be maintained on file for a period of 3
years. The licensee shall hold monthly fire safety inspections of the group day
care home and maintain documentation on file for a period of 1 year.
u)
Handguns are prohibited on the
premises of the group day care home except in the possession of peace officers
or other adults who must possess a handgun as a condition of employment and who
reside in the group day care home. The licensee shall post a "no
firearms" sign, as described in Section 65(d) of the Firearm Concealed Carry
Act [
430 ILCS
66/65(d)] in a visible location
where parents pick up children.
v)
Any firearm, other than a handgun in the possession of a peace officer
or other person as provided in subsection (s), shall be kept in a
disassembled state, without ammunition, in locked storage in a closet, cabinet,
or other locked storage facility inaccessible to children.
1)
Ammunition for such
firearms
shall be kept in locked storage separate from
that of the disassembled
firearms, inaccessible to
children.
2)
The
operator of the group home shall notify the
parents
or guardian of any child accepted for care that
firearms
and ammunition are stored on the premises.
The operator shall also notify the
parents
or
guardian that such firearms and ammunition are in locked storage inaccessible
to children. (Section 7 of the Child Care Act of 1969 [
225 ILCS
10/7] ) The notification need not disclose the
location where the firearms and ammunition are stored.
w) A group day care home operator relying
upon a cooperative or lending arrangement to meet the equipment requirements of
this Part shall provide a copy of a written agreement specifying which
equipment required by this Part is covered by the agreement. Further, the
operator shall demonstrate to the satisfaction of the Department that the
equipment covered by the agreement is both available and utilized by the group
day care home as required by this Part.
x) Operation of other business on the
premises must not interfere with the care of children.
y) A group day care home may not house
bedridden or chronically ill persons except by permission of the Department.
The Department shall grant such permission unless the person has a reportable
contagious or communicable disease or requires care that adversely affects the
ability of the caregiver to supervise children.
z) A group day care home shall have
certification that all cribs used by the group home meet or exceed the federal
safety standards in 16 CFR 1219 or 1220 (2011). This certification from the
manufacturer shall be available for inspection by the licensing representative.
In the absence of a manufacturer's certificate, proof that the crib was
manufactured on or after June 28, 2011 will meet the required
standard.
