Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 33 - Family Child Care Provider Licensing Rule
Section 144-33-14 - ENVIRONMENT AND SAFETY

Universal Citation: 10 ME Code Rules ยง 144-33-14

Current through 2024-38, September 18, 2024

A. General condition of the building and surrounding premises. A licensee must take immediate steps to correct any condition in the physical building or on the premises, which poses a danger to children's life, health or safety.

1. Stairs used by children must be equipped with solidly mounted handrails.

2. Stairs must be enclosed by walls or railings. Stairs in areas used by infants, toddlers and preschool age children must be protected by a gate or door.

3. Electrical outlets in areas used by infants, toddlers and preschool children must be protected by safety caps, plugs or other means.

4. Providers must comply with Maine's Lead Poisoning Control Act about the use of lead-based paint on toys, furniture or any interior or exterior surfaces (22 M.R.S. Ch. 252).

5. The licensee must have an annual screening for potential lead hazards, unless the child care site meets the exemptions outlined in 22 M.R.S. §1319-C.

6. Any medications, toxic substances (for example: cleaning supplies, pesticides, and solvents), matches, lighters, fireworks, power tools and other items dangerous to children must be kept where children cannot access them.

7. Firearms must be kept unloaded and must be locked to prevent contact by children. Ammunition must be locked in a separate location from firearms.

8. Smoking is prohibited on the premises when children are present.

9. Strings and cords (e.g. those that are found on window shades) long enough to encircle a child's neck (six inches or more) must not be accessible to children unless the child is engaged in a recreational or educational activity with an adult.

10. The provider must have a phone in working condition on the premises.

11. A provider may lock the main entrance of the child care premises to prevent access from the exterior, provided that the door can be freely opened from the interior and there is a means to inform the provider of the arrival of visitors.

12. Toys and equipment must be kept clean and in safe working order.

13. The fall zone under and around all indoor play equipment which would buffer a fall from a height of more than 29 inches shall be covered with shock-absorbing mats or materials which extend at least 39 inches beyond the outside edge of the equipment in all directions. If the play structure exceeds 48 inches in height, the shock absorbing mat must be at least two inches thick.

B. Routine cleaning and disinfecting. The provider shall follow a daily schedule of cleaning and disinfecting. Disinfecting products should not be used in close proximity to children and adequate ventilation should be maintained during use.

C. Refuse and recycling. Providers shall empty trash, recycling and compost containers and remove the contents from child care space when the containers are filled, or sooner, if contents create an odor or a health risk.

D. Buildings and furnishings

1. The temperature of the space used by the children must be maintained at a safe and comfortable level for the children.
a. A minimum temperature of at least 68º Fahrenheit (measured within two feet of the floor) must be maintained in children's playrooms during the heating season.

b. Heating units must be shielded in a manner to prevent injuries and burns.

c. If indoor temperatures exceed 82º Fahrenheit, then providers must use methods to cool the space when children are indoors. Air conditioners, electric fans, and heaters must be mounted and anchored out of all children's reach or have safeguards that keep any child from being injured.

2. Every room used by children must be properly lighted to allow safe movement through the space. Natural light is required in any room used by children for more than four hours per day.

3. All indoor space used by children must be adequately ventilated. Windows should be open when outside temperature and air quality allow.
a. Doors and windows used for ventilation must be equipped with securely fastened screens.

b. The licensee shall resolve any damp conditions which result in visible mold, mildew, or musty odors before children may occupy the space.

4. A separate mat, bed or cot, with a blanket or sleeping bag, must be assigned to each child under the age of five in care for longer than four hours. All bedding must be cleaned before being used by another child. Bedding must be cleaned as needed, or at least weekly.
a. A crib or play yard must be provided for each child up to 18 months old.

b. No crib or play yard shall be used for sleeping by more than one child at a time.

c. There must be two feet of space to allow walking between beds, mats and cribs.

5. The licensee shall have a working bathroom.
a. A step, low platform or other means must be placed next to toilets and sinks, for children who need help reaching and using them.

b. Either disposable paper products, or clean, individually assigned wash cloths and towels may be used.

c. Sinks must have both hot and cold running water. The licensee must provide a means of maintaining a water temperature of 120° Fahrenheit or lower in sinks available for use by children.

E. Outdoor play areas. The provider must have access to an outdoor play area with sufficient space for safe play for all children.

1. Children must have regular time for outdoor play, barring weather that presents a risk to children. Indoor physical activity will be substituted for outdoor time when weather does not permit outdoor time.

2. A variety of equipment suitable for the age and needs of all children in care shall be available. Climbers, swings and slides must be:
a. Firmly secured, clean, in proper repair and safely constructed; and

b. Located at a sufficient distance to prevent injury from any hard surfaces, including poles, fences, sheds and other play equipment.

3. Equipment that exceeds 36 inches in height at the climbable or standing surface shall have energy-absorbing materials beneath it. Energy absorbing materials include loose-fill materials, such as playground wood chips, pea gravel, sand, or rubber tiles and mats.
a. Concrete or asphalt must not be used.

b. If using loose-fill energy-absorbing materials, all swings with climbers and slides, as well as climbers and slides must have a sufficient amount of energy absorbing materials to prevent injury, based upon equipment height.

c. Energy-absorbing material must extend beyond the equipment in all directions to prevent injury in the event of a fall.

4. Outdoor play areas must provide shade.

5. The provider shall ensure sun safety for children by keeping infants younger than six months out of direct sunlight, limiting sun exposure when UV rays are strongest, wearing hats, or applying sunscreen (unless directed otherwise by the child's parent).

6. Where hazardous conditions exist in the outdoor play area, the children shall be protected from those conditions by fencing or other appropriate barriers.
a. Hazardous conditions include, but are not limited to, a street, a road, any natural body of water, an active railroad track or crossing, sharp inclines or embankments or any dangerous area.

b. Fencing should be a minimum of 48 inches high. Any fully enclosed area must have at least one gate, which is secured with a childproof latching mechanism.

F. Pets. When animals are on the premises, there must be proof of rabies vaccinations for household dogs and cats.

1. Pets must not present a danger to children or guests.

2. The premises must be free of pet or other animal waste and the interior of the home must be free of pet waste odors.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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