Current through Register No. 40, October 3, 2024
(a) Programs
shall provide child care only in space approved by the department.
(b) Child care staff shall ensure that the
indoor space is:
(1) Safe, clean, free of
clutter, and in good repair;
(2)
Free from electrical hazards, such as overloaded outlets or extension cords,
frayed, cracked or crimped cords, or unprotected outlets;
(3) Well-ventilated by means of unobstructed
mechanical ventilation system or open, screened window;
(4) Well-lit to allow for the supervision of
children and for child care staff and children to move about safely;
(5) Free of damp conditions which result in
visible mold, mildew, or a musty odor;
(6) Free of heavy furnishings or items not
secured to the wall or floor that could easily tip or are unstable;
(7) Free of fumes from toxic or harmful
chemicals or materials;
(8) Free of
tripping hazards; and
(9) Free of
poisonous plants.
(c)
Child care staff shall ensure that potentially harmful items, including but not
limited to matches, lighters, chemicals, materials labeled "harmful if
swallowed," flammable materials, sharp objects, and staffs' personal belongings
are locked or inaccessible to children.
(d) All substances labeled "harmful if
swallowed" or "flammable" and all containers storing cleaning materials shall
be labeled as to the contents and stored separately from food and
medications.
(e) Non-toxic
materials labeled "keep out of reach of children" shall only be used during a
teacher-directed activity.
(f)
Cords or strings long enough to encircle a child's neck, such as cords on
window blinds, curtains or shades, shall be kept out of children's reach.
(g) Child care staff shall ensure
that the presence of pets in the program does not present a hazard to the
children, including but not limited to:
(1)
Reptiles, amphibians and birds, including baby chicks and ducklings, shall not
be permitted in rooms or outdoor spaces regularly occupied by
children;
(2) When bringing animals
into a child care, staff shall supervise children when the animals are
available, designated areas shall be cleaned and sanitized after animal
contact, and food or drink shall not be consumed in these areas;
(3) Cages or other habitats shall be cleaned
of all fecal material and sanitized on an as needed basis but no less than once
per week;
(4) Staff shall wear
gloves while cleaning animal cages or habitats;
(5) All staff and children shall wash hands
with soap and warm running water after contact with animals or their cages or
habitats; and
(6) Dogs, cats, and
ferrets shall be kept clean and free of parasites, fleas, ticks, mites, and
lice, and vaccinated against rabies, with proof of current vaccination on site
at the program and available for review by department staff.
(h) Programs shall maintain
bathroom facilities in accordance with the following:
(1) Sinks, toilets, footstools, potty chairs,
and adapters shall be cleaned and sanitized at least once a day and when
visibly soiled;
(2) Bathroom floors
and other surfaces adjacent to toilets, including but not limited to walls,
shall be cleaned and sanitized at least weekly, and when visibly
soiled;
(3) Toilet paper,
individual cloth or paper towels, and liquid soap from a dispenser shall be
available and accessible to children and staff; and
(4) Bathrooms shall have a functional means
of outside ventilation.
(i) The program shall take prompt action to
eliminate insects or rodents, and clean and sanitize all surfaces where there
is visible evidence of their presence.
(j) When using pesticides, programs shall:
(1) Notify parents and staff in writing at
least 2 days prior to the pesticide application, except in emergencies where
pests pose an immediate threat to children; and
(2) Document the date, time, and type of
pesticide used for each time a pesticide is used.
(k) Pesticides shall not be used in areas
used by children while children are present, and any treated indoor area shall
be aired out per manufacturers' instructions prior to allowing children to
return to that area.
(l) Programs
shall maintain the child care space free from non-compliance of Saf-FMO 300 and
Saf-C 6000 by not blocking exits, or evacuation routes, including doorways,
hallways, and stairs that are a means of egress, and by maintaining smoke
detectors in working order.
(m) The
licensee shall prohibit smoking in the building anytime for center-based
programs or during operating hours for family child care homes, with the
following exceptions:
(1) Child care staff
who smoke during their breaks shall not smoke in view of children or while
responsible for the care of children; and
(2) Child care staff who smoke on their
breaks shall wash their hands and change into fresh clothing, or remove smoke
contaminated outerwear prior to returning to work to reduce exposure to
second-hand smoke.
(n)
Child care staff shall:
(1) Arrange space to
provide clear pathways for movement from one area to another and to allow
visual supervision by staff;
(2)
Arrange furnishings and fixtures safely, with sharp edges protected, and in
such a way as to not present hazards to children; and
(3) Store their personal belongings out of
reach of children.
(o)
There shall be adequate space for each child's possessions, such as individual
cubbies, lockers, baskets, or bins.
(p) Children's toothbrushes shall be stored
separately to air dry and be labeled with each child's name.
(q) All windows used for ventilation shall
include screens in good repair, to prevent insects from entering the building.
Windows and glass doors shall be constructed, adapted, or adjusted via the use
of window guards or other means to prevent injury to children.
(r) Garbage shall be disposed of in a lined
and covered container and staff shall empty trash containers daily or sooner if
contents create an odor or a health risk.
(s) Stairways with more than 3 steps shall be
equipped with handrails.
(t) In
programs serving children younger than 3 years old, the licensee shall ensure
that there are barriers placed at the top and bottom of stairwells opening into
areas used by children younger than three years, unless prohibited by building
or fire department regulations. Pressure gates at the top of stairs shall not
be used.
(u) Open stairways used by
children younger than school age shall have railings or banisters installed
along the open or unprotected side(s).
(v) Programs shall:
(1) Have a safe, functioning heating
system;
(2) Maintain a temperature
of not less than 65 degrees Fahrenheit whenever children are present;
and
(3) Protect children from
contact with exposed heat sources, including steam and hot water pipes, and
radiators, via the use of permanent screens, guards, insulation or another
suitable device that prevents children from coming in contact with them.
(w) Prior to using
portable space heaters or portable radiators in child care space, programs
shall obtain written approval from the local fire inspector with documentation
of the approval available for review by department staff during on-site
visits.
(x) All portable space
heaters or radiators shall:
(1) Be
inaccessible to children;
(2) Bear
the safety certification of a recognized laboratory such as Underwriters
Laboratory (UL) or Electro Technical Laboratory (ETL);
(3) Be placed at least 3 feet from curtains,
papers, furniture, or any other flammable object; and
(4) Be installed and operated in accordance
with the manufacturer's specifications.
(y) All fuel burning stoves, including but
not limited to wood, coal, pellet, or gas, when used during child care, shall:
(1) Meet applicable local and state codes
with documentation of such approval available for review by department staff
during on-site visits; and
(2) Be
maintained in a manner that ensures the safety of all children, by use of
partitions, screens, guards, or other similar barricades, as approved by the
local fire official;
(z)
Child care staff shall be in the room with children whenever a fireplace is in
use.
(aa) All working fireplaces in space used
by children shall:
(1) Have a secure child
proof barrier in place at all times; and
(2) Be equipped with padding or otherwise
protected if the hearth presents a hazard to children.
(ab) Guns, weapons, or live or spent
ammunition shall be kept in locked storage with the key stored separately and
out of the reach of children.
(ac)
Pursuant to 40 CFR
745, when interior surfaces of a building
built prior to 1978 are in a deteriorating condition, including but not limited
to flaking, chipping, and peeling paint, or are subject to renovations or
construction, the licensee shall utilize a U.S. Environmental Protection Agency
certified Renovation, Repair, and Painting (RRP) contractor, in accordance with
40 CFR
745.90(a) and (b) and He-P
1600.
(ad) In addition to (ac)
above, until the deteriorated surfaces can be made intact, the program shall
provide the department with a plan, in writing, that ensures children will not
have access to those surfaces and includes the expected date of completion of
the work.
(ae) Construction,
remodeling, or alteration of structures during child care operations shall be
done in a manner as to prevent exposure of children to hazardous or unsafe
conditions including, but not limited to, fumes, dust, construction materials,
and tools which pose a safety hazard.
(af) When there is information or evidence
indicating that the building may contain asbestos hazards, programs shall
submit evidence that the building has been inspected by a licensed asbestos
inspector and is free of asbestos hazards, or submit a plan of action to reduce
or eliminate any existing contamination to be approved by the
department.
(ag) When there is
information indicating that the building or water supply may contain radon
hazards, programs shall submit evidence that the building has been inspected by
a licensed radon inspector and is free of radon hazards or submit a plan of
action to reduce or eliminate any existing contamination to be approved by the
department.
(ah) Child care staff
shall immediately clean spills of bodily fluids, including urine, feces, blood,
saliva, and discharges from the nose, eyes, or an injury, using soap and water
and then disinfectant. Surfaces requiring such action include tabletops, toys,
floors, walls, toilets, potty chairs, and diaper changing surfaces.
(ai) Child care staff shall:
(1) Wear non-porous gloves when cleaning
bodily fluid spills specified above;
(2) Place soiled clothing in a plastic bag,
tied securely and return the items to the child's parent at pick up;
and
(3) Clean, rinse, disinfect,
wring, and hang to dry mops used to clean bodily fluids.
(aj) The fall zone under and around all
indoor swings and climbing equipment, including slides or lofts, which would
allow a fall from a height of more than 29 inches shall extend at least 39
inches and be covered with mats designed for gymnastics.
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by
#6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by
#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by
#9310, eff 11-23-08 (from
He-C
4002.25)
