New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 4000 - CHILD CARE LICENSING RULES
Part He-C 4001 - NH RESIDENTIAL CHILD CARE LICENSING RULES
Section He-C 4001.18 - Water Supply, Septic Systems, Bathroom Facilities

Universal Citation: NH Admin Rules He-C 4001.18

Current through Register No. 40, October 3, 2024

(a) The licensee shall supply a safe supply of water under pressure, which is available for drinking and household use in accordance with the following:

(1) Hot water under pressure, which measures at least 100 degrees Fahrenheit, shall be available at all sinks, showers, and bathtubs located in living space that is used by residents during operating hours;

(2) Hot water at taps that are accessible to residents shall be regulated to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit;

(3) In accordance with Env-Dw 501.04(c), a program that has a public water system as defined in RSA 485:1-a, XV and subject to regulation by the department of environmental services, shall have on file a written document which lists the United States Environmental Protection Agency identification number of the system, assigned by the department of environmental services;

(4) The written documentation required in (3) above available shall be available for review by the health officer and the department;

(5) Programs that have their own independent water supply and are not considered to be public water systems as defined in RSA 485:1-a, XV, shall test their water supply in accordance with the following:

a. Water testing shall be performed by a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300;

b. For new applicants, not more than 90 days prior to the date the application is submitted to the department, water testing shall be conducted for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, fluoride, and uranium and results provided to the department with the application; and

c. Ongoing water testing shall be conducted as follows and results maintained on file at the program, available for review by the health officer and the department:

1. Once every 3 months for bacteria;

2. Annually for arsenic, nitrate, and nitrite; and

3. At least once every 3 years for stagnant lead, stagnant copper, fluoride, and uranium;

(6) The results of water tests required by (a)(5)b. and c. above, and results of any other water tests shall be in compliance with the maximum contaminant levels established in Env-Dw 700 for bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the action levels established in Env-Dw 714 for lead and copper;

(7) Any program whose water test result has exceeded maximum contaminant levels or action levels shall:

a. Immediately contact the department to report that finding, and provide the department with a plan for how it will ensure that children will not be at risk from exposure to the unsafe water; and

b. Within 30 days of the date the program learns that they have failed a water test submit to the department an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the department agrees to extend that deadline based on the following criteria:

1. The program demonstrates that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so; and

2. The department determines that the health, safety or well-being of children will not be jeopardized as a result of granting the extension; and

(8) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (a)(7)b. above, the department shall initiate action to suspend the license or permit in accordance with He-C 4001.09(i), until such time as laboratory results meeting those requirements are received by the department.

(b) Programs shall ensure that there are functional sewage disposal facilities designed to accommodate the license capacity of the program, in accordance with the following:

(1) There shall be no visible sewage on the grounds;

(2) There shall be flush toilets in working order connected to a sewage disposal system; and

(3) Any program whose septic system is showing signs of failure, shall:

a. Immediately make arrangements with a contractor licensed to evaluate and repair or replace septic systems to:

1. Make temporary repairs to the septic system to correct the problem so that the program may continue to operate; or

2. Make permanent repairs to the septic system or replace the septic system;

b. Immediately contact the local health officer to inform him or her of the problem;

c. Immediately contact the department to verbally report the problem, and give the department a plan for how it will immediately provide that:

1. All required bathroom units function properly; and

2. Residents will not be exposed to any risks from the failed septic system;

d. Within 10 days of the date that program staff first notice signs indicating that the septic system is in failure, submit to the department a written plan, which includes:

1. What action has been taken to correct the failed septic system;

2. The date by which that action will be completed; and

3. An explanation of how the program will ensure that the requirements in (b) (3) c.

1. and

2. above will continue to be met until repair or replacements are completed; and

e. Request an extension to d. above which the department shall grant if additional time is necessary to develop a written plan and the safety and well-being of the residents is maintained.

(c) Programs shall ensure that in each building in which residents reside, for every 4 residents there shall be one bathroom unit that is accessible to residents and equipped with:

(1) An operable door; and

(2) A properly functioning sink, toilet, and shower or tub.

(d) Programs shall maintain bathroom facilities in accordance with the following:

(1) At least once each day and whenever visibly soiled, sinks, toilets, commodes, foot stools, potty chairs, and adapters shall be cleaned to remove visible dirt and sanitized;

(2) Toilet paper, individual cloth or paper towels, and individual bar or liquid soap shall be available and accessible to residents and staff;

(3) Bathrooms shall have a means of outside ventilation; and

(4) Bathroom floors and other surfaces shall be cleaned at least weekly, and more often when obviously soiled.

(e) In addition to the requirements for toilets set forth in (c) above, programs that serve residents younger than 3 years of age shall:

(1) Provide additional child size toilets, adult toilets with adapters, or potty chairs to meet the needs of such residents;

(2) Place potty chairs within easy access to a toilet and sink to allow program staff to proceed to the toilet to empty the potty chair and proceed to the hand washing sink after toileting without having to open doors or gates, or have physical contact with other residents;

(3) Not place potty chairs or commodes in food preparation areas or food service areas; and

(4) Empty and sanitize each potty-chair and commode receptacle after each use.

(f) Programs serving diapered residents and residents who are not toilet trained shall have a designated diaper changing area that:

(1) Is not located in kitchens, food preparation or food service areas, or on surfaces where food is prepared or served;

(2) Is located adjacent to or in close proximity to a hand washing sink to allow access for hand washing without having to open doors or have physical contact with other residents;

(3) Has a non-porous, washable surface, which shall be sanitized after each diaper change and used exclusively for diaper changing;

(4) Contains a foot-activated receptacle for disposal of soiled disposable diapers and cleansing articles; and

(5) Is equipped with a sink used for adult and resident hand washing before or after diaper changing or toileting.

#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

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