Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 391 - CHILDREN'S SERVICES LICENSING
Chapter 5 - PRESCHOOLS
Section 391-5-007 - PHYSICAL PLANT STANDARDS

Current through September 17, 2024

The preschool must be designed, constructed and maintained in a manner that is safe, clean, and functional for a preschool program. The following regulations apply to all areas of the preschool.

007.01 Activity Space:

The preschool must have space for children's activities, free play, and quiet time. The activity space must:

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

2. Be available for all children; and

3. Have at least 35 square feet of activity space per child. Bathrooms, kitchen, isolation room, office, passageways, storage, or space occupied by built-in cabinets must not be considered when computing activity space.

007.02 Plumbing, Water Supply, and Sewer Requirements:

5-007.02A Plumbing: The licensee must ensure that:
1. No plumbing fixture or other device that provides a connection between

a drinking water supply and a drainage, soil, waste, or other sewer pipe so as to make possible the backflow of sewage or waste water into the potable water supply system. Water that has been used for cooling or for any other purpose must not be returned to the system; and

2. All plumbing conforms to the local plumbing code. Where no plumbing code is in effect, plumbing must conform to national standards as provided in Neb. Rev. Stat. § 18-1915.

5-007.02B Water Supply: The licensee must ensure the preschool has and maintains an accessible, adequate, safe, and potable supply of water for drinking, food preparation, 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.
a. The use of common drinking containers is prohibited.

b. Sanitary dispensing and disposal units must be provided for paper cups.

c. Drinking fountains must have mouth guards with water issuing under sufficient pressure.

3. The licensee must ensure that:
a. Running water under pressure is provided;

b. Each hot water storage tank is provided with a pressure and temperature relief valve;

c. Adequate water heating facilities are provided so that a sufficient amount of hot water for general cleaning as well as washing and sanitizing utensils is available at proper temperatures;

d. Water supply to all hand washing and bathing locations is maintained between a minimum of 100 degrees Fahrenheit and a maximum of 120 degrees Fahrenheit; and

e. Soap is available for hand washing.

5-007.02C Sewer Requirements: When a municipal sewage system is not available, the licensee must:
1. Collect, treat, and dispose of sewage and all liquid waste with a sewage system that conforms to local ordinances; or

2. Where local ordinances do not exist, sewage disposal systems must comply with the regulations of the Nebraska Department of Environmental Quality.

007.03 Outdoor Play Area:

The licensee must ensure that an outdoor play area is available. The area must be kept clean and safe and contain no accident hazards or debris.

5-007.03A Outdoor Play Equipment: The licensee must ensure that:
1. Stationary outdoor equipment such as climbing apparatus, swings, or slides are located away from traffic areas in the outdoor play area;

2. Stationary outdoor equipment is securely anchored, unless designed to be portable;

3. Equipment is free of rust and free of sharp and hazardous edges; and

4. Swing seats are made of a pliable material. Seats must not be made of hard plastic, wood, or metal.

5-007.03B 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.

007.04 Toilets and Sinks:

The preschool must have sufficient toilets and sinks available for children's use. A minimum of one operable toilet and one operable sink must be available per 15 children. Toilet rooms must be fully enclosed. A sink must be readily available to each toilet. Sanitary dispensing and disposal units must be provided for paper towels and must be installed at heights convenient for the children's use. Toilets and sinks must be:

1. Conveniently located;

2. Clean, operable, 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 stepstool.

5-007.04A If a door to the toilet room opens directly from a food service area, the door must be self-closing and tight-fitting.

5-007.04B The licensee must ensure that no adult or child resumes work or play after using the bathroom without first washing his/her hands.

007.05 Fire Safety:

The licensee must maintain fire safety approval at all times.

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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