Missouri Code of State Regulations
Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 30 - Division of Regulation and Licensure
Chapter 61 - Licensing Rules for Family Child Care Homes
Section 19 CSR 30-61.085 - Physical Requirements of the Family Day Care Home
Universal Citation: 19 MO Code of State Regs 30-61.085
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment specifies that smoking is prohibited in areas where children are cared for in a child care home as recommended by the American Academy of Pediatrics Task Force on Sudden Infant Death Syndrome for a safe infant sleeping environment.
(1) General Requirements.
(A) The premises shall be safe and suitable
for the care of children.
(B) The
premises shall conform to the fire and safety requirements of the State Fire
Marshal or his/her designee.
(C) It
shall be the responsibility of the child care provider to determine any
applicable local zoning regulations.
(D) Water supply and sewage disposal systems
shall conform to state or local requirements, or both.
(E) Children shall have no access to areas
not approved for child care.
(F)
Stairways in approved child care space shall be well-lighted and free of
obstructions. Stairways in approved child care space having more than three (3)
steps shall have a handrail the children can reach.
(G) Porches, decks, stairwells or other areas
in approved child care space having a drop-off of more than twenty-four inches
(24") from which children might fall and be injured shall have an approved
railing or approved barrier. The railing or barrier shall be constructed to
prevent the child from crawling or falling through, or becoming
entrapped.
(H) Approved safety
gates at stairways and doors shall be provided and used as needed.
(I) Heaters, floor furnaces, radiators, hot
water heaters or other equipment which poses a threat to children shall meet
the requirements of
19 CSR 30-61.086 Fire
Safety.
(J) All flammable liquids,
matches, cleaning supplies, poisonous materials, medicines, alcoholic
beverages, hazardous personal care items or other hazardous items shall be
inaccessible to children.
(K)
Ammunition, guns, hunting knives, bows and arrows or other weapons shall be
stored in a locked cabinet or locked closet.
(L) No person shall smoke or otherwise use
tobacco products in any area of the child care facility during the period of
time when children cared for under the license are present.
(2) Indoor Space.
(A) General Requirements.
1. Any floor of a home used for child care
shall be approved by the State Fire Marshal or his/her designee.
2. Open windows and doors shall be screened
securely. Barriers to prevent children from falling against windows or falling
from windows shall be provided when windows are less than twenty-four inches
(24") from the floor and not constructed of safety glass or other nonbreakable
material.
3. Clear glass doors
shall be marked plainly at varying heights to avoid impact.
4. Artificial or natural lighting shall
supply at least ten (10) footcandles of light throughout each room used for
child care.
5. The home shall be
dry, temperature controlled, well-ventilated and free of drafts. Children shall
not be overheated or chilled. The temperature of the rooms shall be no less
than sixty-eight degrees Fahrenheit (68oF) and no
more than eighty-five degrees Fahrenheit (85oF) when
measured two feet (2') from the floor.
6. Walls, ceilings and floors shall be
finished with material which can be cleaned easily and shall be free of
splinters, cracks and chipping paint. Floor covering shall be in good
condition. Lead-free paint shall be used for all painted surfaces.
7. Concrete floors in areas counted as child
care space shall be covered with carpet, tile, linoleum or other floor
covering.
8. Floor surfaces under
indoor equipment over twenty-four inches (24") in height from which children
might fall and be injured shall be protected with pads or mats which will
effectively cushion the fall of a child. Carpeting alone is not an acceptable
resilient surface under indoor equipment.
9. The home shall be clean at all times and
free of dirt, insects, spiders, rodents or other pests.
10. A telephone in working order shall be
available for incoming and outgoing calls. If a telephone answering machine is
used, it must be turned on so incoming messages can be heard and parents' calls
can be returned promptly.
11.
Telephone numbers for the police, fire department, ambulance and other
emergency telephone numbers shall be posted near the telephone.
(B) Floor Space Calculations and
Utilization.
1. At least thirty-five (35)
square feet of usable floor space shall be provided for each child coming into
the home for day care.
2. Floor
space shall be measured wall-to-wall from the inside walls of areas used for
children's activities.
3. Floor
space shall not include food preparation areas, bathrooms, hallways used
exclusively as passageways, closets, office space or floor space occupied by
furniture or shelving not used by the children or for their
activities.
4. Space occupied by
permanently placed cots, cribs, beds or playpens used for napping cannot be
counted as usable floor space. Cots shall not be be set up early or left in
place to interfere with children's play activities.
5. Storage space for play materials shall be
provided. Some of the space shall be accessible to the children.
(C) Bathrooms.
1. General requirements.
A. A flush toilet and an adjacent handwashing
facility with running water shall be provided.
B. Toilet and handwashing facilities shall be
in working order and convenient for the children's use.
C. An individual cloth towel for each child
or paper towels, soap and toilet paper shall be provided and easily accessible
so the children can reach them without assistance. If individual towels are
used, they shall be laundered daily.
D. Children shall be monitored while in the
bathroom.
E. Bathrooms shall be
clean and odor free.
2.
Infants and toddlers. At least one (1) potty chair, junior commode or toilet
with an adaptor seat shall be provided. Potty chairs shall be located in the
bathroom and shall be emptied, cleaned and disinfected after each
use.
(D) Kitchens.
1. A kitchen shall be required for meal
preparation unless meals are catered from a source approved by the local or
state sanitarian, or both.
2.
Kitchens used for meal preparation shall be equipped with a stove, sink, hot
and cold running water, a refrigerator and storage space for food, dishes and
cooking utensils.
3. If meals are
catered, a sink, hot and cold running water, a refrigerator and storage space
for food, dishes and cooking utensils shall be provided.
4. Kitchens shall not be used for children's
play activities unless the activities are part of the learning program and the
children are supervised by adults.
5. Kitchens shall not be used for
napping.
(3) Outdoor Space.
(A) General Requirements.
1. An outdoor play area shall be available on
or adjoining the day care property. The play area shall be located so it is
convenient and the children can gain access to it without hazard. It shall be
fenced when necessary for the protection of children from traffic, water or
other hazards. For family day care homes initially licensed after the effective
date of these rules, or for the installation of new fences in existing
facilities, the fence shall be at least forty-two inches (42") high. Fences
shall be constructed to prevent children from crawling or falling through or
becoming entrapped.
2. A minimum of
seventy-five (75) square feet per child of outdoor play area shall be
provided.
3. An adult shall be
outside at all times to provide supervision for children under three (3) years
of age.
4. An adult shall be
outside with the children at all times if the play area is not fenced and
adjoining the building exit, or unless the children are of school age and
definite limits have been established as their boundaries. These children shall
receive frequent and routine supervision.
5. The play area shall be safe for children's
activities, well-maintained, free of hazards such as poisonous plants, broken
glass, rocks or other debris and shall have good drainage.
6. The fall-zone area under and around
outdoor equipment where children might fall and be injured shall be covered
with impact-absorbing materials which effectively cushions the fall of a child.
This material may include sand, pea gravel, tanbark, shredded tires, wood
chips, rubber matting or other approved resilient material. Grass may be an
approved resilient material, but if grass becomes worn or sparse, the area must
be covered with another approved resilient material.
7. The provider shall be responsible for the
type, depth and fall-zone area of resilient material necessary for the
protection of children.
8. Areas
under and around outdoor equipment shall have continuous maintenance to ensure
that the material remains in place and retains its cushioning properties. The
resilient material shall be supplemented immediately or replaced as
needed.
9. Concrete, asphalt,
carpet or bare soil is not an acceptable surface under outdoor equipment from
which children might fall and be injured.
(B) Swimming and Wading Pools.
1. Swimming and wading pools used by children
shall be constructed, maintained and used in a manner which safeguards the
lives and health of children.
2.
Swimming and wading pools shall have a water filtration system. The water in
swimming and wading pools shall be treated, cleaned and maintained in
accordance with health practices and rules as determined by the local or state
health authority, or both.
3.
Swimming and wading pools shall be fenced to prevent access by children. For
family day care homes initially licensed after the effective date of these
rules, the fence shall be at least forty-two inches (42") high and shall have a
locked gate. Above-the-ground pools may use a forty-two inch (42") fence around
the top of the pool with barricades of the steps to the pool deck.
4. Children using swimming or wading pools
shall be instructed in water safety and supervised by an adult at all
times.
5. An adult with a current
lifeguard training certificate, including infant/child cardiopulmonary
resuscitation (CPR) training, shall be on duty when a swimming or wading pool
containing a depth of forty-eight inches (48") or more of water is being
used.
6. An adult who has completed
a course in basic water safety, which includes infant/child CPR, shall be on
duty when a swimming or wading pool containing less than forty-eight inches
(48") of water is being used.
(4) Animals.
(A) Animals which may pose a threat to the
health or safety of children shall not be permitted on the premises or shall be
penned securely in an area which is inaccessible to the children.
(B) If an animal bites a child, the parent(s)
shall be notified immediately. The provider shall contact a veterinarian to
determine a course of action in the diagnosis of possible rabies in the animal.
If possible, the provider shall restrain the animal for observation by a
veterinarian.
(C) Animal pens shall
be kept clean.
(D) Areas used by
children shall be free of animal excrement.
(E) Litter boxes shall not be located in
areas used by children or in food preparation areas.
(F) Food and water dishes used by animals
shall not be accessible to the children.
*Original authority 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995.
Disclaimer: These regulations may not be the most recent version. Missouri 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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