Current through Register No. 40, October 3, 2024
(a)
Program staff shall maintain the residential child care environment free of
conditions hazardous to residents, including but not limited to, the following:
(1) Electrical hazards;
(2) Guns, or live or spent
ammunition;
(3) Holes in flooring,
loose floor tiles or loose throw rugs, which present a slipping or tripping
hazard;
(4) Loose and flaking paint
which is accessible to residents;
(5) Unclean conditions, which demonstrate a
lack of regular cleaning;
(6)
Inadequate protections against insects and rodents; and
(7) Garbage and rubbish stored in an
unsanitary manner.
(b)
When interior or exterior surfaces of a building built prior to 1978 are in
deteriorating condition, including flaking, chipping and peeling paint, or are
subject to renovations or construction, a U.S. Environmental Protection Agency
certified Renovation, Repair, and Painting (RRP) contractor shall be utilized
to make the deteriorated surfaces intact, in accordance with 40 CFR 1.745.90(a)
and (b) and He-P 1600.
(c) When
there is information or evidence indicating that the building might contain
asbestos hazards, the applicant, licensee, or designee shall submit evidence
that the building has been inspected by a licensed asbestos inspector and is
free of asbestos hazards or otherwise treated or contained in a manner approved
by a licensed asbestos inspector.
(d) Program staff shall clearly label and
store all toxic materials, including, but not limited to, cleaners, household
chemicals and paint, separate from food items, in cabinets which are locked or
otherwise inaccessible to residents.
(e) Notwithstanding (d) above, at the
discretion of the program director, residents may be allowed to use household
cleaning products to complete a specific task, provided the resident completing
the task shall be under the supervision of program staff while the cleaning
chemicals are accessible, and the cleaning products shall not be accessible to
other residents not involved in the cleaning task.
(f) Program staff shall maintain on file at
the residence documentation of current vaccinations as required by law for all
pets and animals that are present on the premises of the program.
(g) Pets and animals that have been
determined by the department to pose a health or safety risk to children shall
not be permitted on the premises of the program, including, but not limited to,
the following:
(1) Bats;
(2) Turtles;
(3) Tortoises;
(4) Snakes;
(5) Iguanas;
(6) Other lizards or reptiles;
(7) Hedgehogs;
(8) Parakeets; and
(9) Parrots and parrot-like birds.
(h) All enclosed living areas used
by residents shall:
(1) Be ventilated by means
of a mechanical ventilation system or one or more screened windows that can be
opened, and will not pose a hazard to residents; and
(2) From September 1 through May 31, have a
safe, functioning heating system, which is cleaned, serviced, and maintained at
least once annually and which ensures that whenever residents are present, or
expected to arrive within one hour, the temperature is maintained at:
a. Not less than 65 degrees Fahrenheit during
waking hours, except for areas being used for active physical exercise or
recreation; and
b. Not less than 55
degrees Fahrenheit during sleeping hours.
(i) Program staff, child care interns, and
volunteers shall not smoke or use tobacco products while they are responsible
for the care of residents or within sight of residents, nor allow residents to
smoke or use tobacco, have access to tobacco products, or be exposed to second
hand smoke.
(j) All living space
and recreation areas used by residents shall be equipped with operable lighting
sufficient to allow individuals to enter, exit and move about the premises of
the program safely.
(k) All toys,
equipment and learning materials shall be:
(1)
In good repair;
(2) Safe;
(3) Free of lead paint or other
poisonous material; and
(4) Cleaned
as often as needed to keep them free of a buildup of dirt.
(l) Licensees shall provide sufficient sturdy
tables and chairs to ensure each resident's comfort for meals, snacks, and for
work or play at tables.
(m)
Licensees shall provide each resident with a bed equipped with:
(1) A pillow and a firm mattress that is:
a. Clean;
b. In good repair;
c. Free from rips or holes in the fabric
covering that would allow residents access to the interior components of the
mattress;
d. Cleaned and sprayed
with a disinfecting spray before being used for a new resident; and
e. Replaced or sanitized promptly if soiled
by urine, feces, blood, or vomit; and
(2) Adequate bedding to insure his or her
comfort that is cleaned and maintained as follows:
a. Sheets and pillow cases shall be cleaned
at least once each week and more frequently if soiled; and
b. Blankets, comforters, bedspreads, and
mattress covers shall be cleaned at least once each month and more frequently
if soiled.
(n) Programs shall provide separate sleeping
and bathroom facilities for staff and family members of staff who reside in the
program.
(o) Program staff shall
maintain the outside play areas free of hazards.
(p) During activities conducted in the water,
including wading, swimming and boating, the following shall apply:
(1) All activities shall be supervised in
accordance with the following:
a. Program
staff shall provide close supervision to residents at all times, to include a
ratio of one staff to no more than 4 residents when no lifeguard is
present;
b. At least one staff
person who is currently certified in CPR and first aid shall be present with
the residents at all times;
c. At
least one staff person who has completed training in water safety shall be
present with the residents at all times;
d. A rescue buoy, ring buoy, or water rescue
throw bag shall be brought to or present at all swimming and boating activities
where there is no lifeguard present; and
e. Notwithstanding a. through d. above, a
program may allow a resident to be at a water activity independently, if the
program director provides a written and dated authorization, after assessing
the following:
1. A resident's swimming
ability, such as whether he or she has completed a Red Cross or other
recognized swimming program;
2. A
resident's ability to be independent;
3. Under what circumstances the resident may
be at a water activity independently; and
4. Whether or not a lifeguard must be on duty
or a parent or other adult must be present at the water activity; and
(2) All pools used as
part of the residential child care operation shall be maintained in accordance
with the printed instructions of the manufacturer or installer regarding
cleaning, filtration, and chemical treatment, and the following:
a. Swimming pools shall be secured in a
manner that is childproof and lockable; and
b. Pool gates, fences, or other barriers as
required in a. above shall be locked at all times, except when the residents
are involved in an allowable water activity in the pool.
(q) Program staff shall comply
with the following food service requirements:
(1) All foods that will be served to
residents shall be:
a. Free from spoilage,
filth, or other contamination;
b.
Stored in a clean dry location;
c.
Protected from sources of contamination;
d. Stored in containers at least 6 inches
above the floor;
e. Stored separate
from non-food items that could contaminate food or be mistaken for food;
f. Stored in the original
containers or in labeled containers designed for food storage; and
g. Stored, handled, and prepared in a manner
that protects against cross contamination between uncooked meat, poultry or
fish, and other food items;
(2) Canned goods that are dented, bulging, or
rusted shall not be served to residents;
(3) All perishable foods which are to be
served to residents shall be stored at temperatures of 41 degrees Fahrenheit or
below in a refrigerator and at 0 degrees Fahrenheit or below in a
freezer;
(4) Refrigerators and
freezers used to store foods that will be served to residents shall be clean;
(5) Refrigerators and freezers
used to store foods that will be served to residents shall be equipped with
non-mercury, food-grade thermometers; and
(6) Food contact surfaces shall be easily
cleanable, smooth, free of cracks, breaks, and open seams or similar difficult
to clean imperfections and kept clean.
(r) Toys or other items which are routinely
mouthed by residents shall be cleaned and sanitized after each use by a
resident, and at the end of each day.
(s) Residents who have developmental delays
and are likely to put objects in their mouths, shall be closely supervised when
they have access to the items noted in (t)(1)c. and (11) below.
(t) Program staff shall comply with the
following child age related environmental health and safety requirements:
(1) Residents younger than 6 years of age
shall not have access to the following:
a.
Cords or strings long enough to encircle a resident's neck, including but not
limited to pull toys, telephone cords, and window blind cords;
b. Balusters which are spaced more than 3 1/2
inches apart on handrails and guardrails on play structures, lofts, stairs,
steps, decks, porches, balconies, or other barriers;
c. Sharp knives and sharp objects or objects
with sharp edges, except that, at the discretion of program staff and under
close supervision, program staff may allow use of scissors or knives for
specific cooking projects, craft projects, or meal times;
d. Unstable or easily tipped heavy
furnishings or other heavy items which, if not secured to the wall or floor or
both, could easily fall on residents and would be likely to cause injury;
and
e. Toy boxes and any other
chest type storage facilities that have a lid that does not have a safety lid
support;
(2) Play areas
accessible to residents younger than 6 years of age shall be enclosed by a
fence when the department determines that the play area is unsafe because it is
located on a roof, or adjacent to any of the following:
a. A street or road; or
b. Any dangerous areas, any swimming pool, or
any body of water;
(3)
All fencing required under (2) above shall:
a. Be designed to restrain residents from
climbing out of, over, under, or through the fence;
b. Have a child proof self-latching device on
any gates; and
c. Be maintained in
good repair, free of damage or wear that could expose residents to hazards;
(4) When accessible to
residents younger than 6 years of age, ground area under and extending at least
39 inches beyond the external limits of outdoor play equipment which would
allow a resident to fall from a height of more than 29 inches shall be
constructed and maintained at all times with an energy absorptive surface,
including but not limited to sand, bark mulch, pea stone, soft wood chips, or
rubber mats manufactured for use as gym mats;
(5) The energy absorptive material required
in (4) above shall be:
a. Maintained at a
depth of at least 8 inches; and
b.
Checked and raked regularly to remove any foreign matter, correct compaction,
and increase absorption;
(6) Adult toilets and hand washing sinks used
by residents younger than 6 years of age shall be equipped with footstools or
platforms;
(7) Foot stools or
platforms required in (6) above shall:
a. Have
a non-porous finish that is easily cleanable; and
b. Be designed to prevent tipping;
(8) The fall zone under and around
all indoor swings, slides, and climbing equipment from which a child could fall
from a height of more than 29 inches shall be covered with mats designed for
gymnastics, if they are accessible to or will be used by residents younger than
6 years of age;
(9) Children
younger than 3 years of age shall not have access to stairs or steps that are
not equipped with safety gates;
(10) Baby walkers with wheels shall be
prohibited in all programs;
(11)
Residents younger than 4 years of age shall not have access to toys, toy parts,
and other materials which pose a choking risk or are small enough to be
swallowed, such as coins and balloons;
(12) There shall be an individual crib or
playpen for each resident 12 months of age and younger; and
(13) Cribs and playpens required under (12)
above shall:
a. Not be stacked;
b. Be free of cracked or peeling paint,
splinters, and rough edges;
c. Have
no more than 2 3/8 inches between slats;
d. Have no missing, loose, broken, or
improperly installed parts, screws, brackets, baseboards or other loose
hardware or damaged parts on the crib or mattress supports;
e. Not have corner posts that extend more
than one sixteenth of an inch above the end panels;
f. Not have cutouts in the headboard or
footboard;
g. Not have holes or
tears in the mesh walls or in the material that connects the walls to the
bottom of the crib or play pen; and
h. Have mattresses which:
1. Are in good repair, free of rips or tears;
and
2. Fit the crib or playpen so
that space between the mattress and the crib or playpen does not create a
suffocation hazard.
#2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06,
EXPIRED: 4-20-06
New. #10576, INTERIM, eff
4-26-14, EXPIRES: 10-23-14
