Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 391 - CHILDREN'S SERVICES LICENSING
Chapter 1 - FAMILY CHILD CARE HOME I
Section 391-1-007 - PHYSICAL PLANT STANDARDS

Current through March 20, 2024

The child care home must be maintained in a manner that is safe, clean, and functional for child care. The following regulations apply to all areas of the child care home used for child care.

007.01 Activity Space:

The child care home must have space for children's activities, napping, and free play. The child care activity space must:

1. Have furnishings to accommodate all activities and age-appropriate needs of all children in care;

2. Be available for all children; and

3. Have at least 35 square feet of activity space per child. Rooms not used for child care do not count in the square footage total.

007.02 Water Supply and Sewer Requirements

1-007.02A Water Supply: The licensee must have and maintain an accessible, adequate, safe, and potable supply of water for drinking, bathing, and hand washing.
1. If water is obtained from a source other than a public water supply system, the water must not contain contaminants that exceed the maximum contaminant levels set for nitrate, or total coliform for public water supply systems in 179 NAC 2-002, and 179 NAC 3 or the lead action level set in 179 NAC 12. The licensee must report to the Department the results of all tests that show the water contains contaminants that exceed a maximum contaminant or action level.
a. The water supply must be tested annually and the tests results must be available for review upon request.

b. If the water supply does not meet nitrate, total coliform bacteria and lead standards, the licensee must, until the contaminants are lowered to acceptable levels:
(1) Obtain water from a source approved by the Department; or

(2) Purchase water from a commercial source.

2. Drinking water must be provided by sanitary drinking fountains or individual or disposable cups.

3. The licensee must maintain hot and cold water to all hand washing and bathing locations. The hot water system must be maintained between a minimum of 100 degrees Fahrenheit and a maximum of 120 degrees Fahrenheit. Soap must be available at the hand washing sink.

1-007.02B Sewer Requirements: The licensee must maintain a sanitary and functioning sewage system which includes no open sewage discharge on the child care premises. When the Department determines that there may be open sewage present on the child care premises, a referral will be made to the Nebraska Department of Environmental Quality for an inspection.

007.03 Outdoor Play Areas:

An outdoor play area must be available. The area must:

1. Have at least 50 square feet per child of age-appropriate play space;

2. Be kept clean and safe and contain no accident hazards, debris, or stagnant water;

3. Contain no barnyard animals or fowl; and

4. Be free of animal waste.

007.04 Fencing:

A fence is required when the following conditions exist on or near the child care premises:

1. Drainage ditches;

2. Wells;

3. Holes;

4. Heavy machinery is used;

5. Railroad tracks;

6. Bodies of water, including decorative ponds;

7. Heavy street traffic; and

8. Other hazards.

007.05 Playground Surfaces:

The area under climbing equipment, swings, slides, and other equipment from which children might fall must be of resilient material such as sand, dirt, grass, rubber matting, rubber mulch, wood chips, or small-to-medium size gravel.

007.06 Toilets and Sinks:

The child care home must have a toilet and sink available for children's use. Toilets and sinks must be:

1. Conveniently located;

2. Clean and in good repair;

3. Designed to accommodate children with special needs, when applicable; and

4. Of suitable height for children or have a safe step stool.

007.07 Fire Safety:

The child care home must maintain fire safety approval in addition to meeting the following standards:

1. There must be two unblocked exits approved by the Fire Marshal from every floor on which child care is provided;

2. Furnaces, wood-burning stoves, and other heaters must be inaccessible to children when in use;

3. Candles or incense must not be used while children are in care;

4. Open flames must not be present while children are in care;

5. All storage areas must be free of excessively combustible or highly flammable materials;

6. Bathroom and closet doors must be designed so they can be unlocked from the outside;

7. There must be properly mounted and operated smoke detection equipment as required by the Fire Marshal; and

8. When overnight care is provided, the licensee must ensure that additional fire safety requirements are met as specified in 1-006.17.

Disclaimer: These regulations may not be the most recent version. Nebraska 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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