Current through Register Vol. 35, No. 18, September 24, 2024
A. HOUSEKEEPING:
(1) A program will keep the premises,
including furniture, fixtures, toys and equipment clean, safe, and free of
debris and potential hazards.
(2)
Materials dangerous to children must be secured in a manner making them
inaccessible to children and away from food storage or preparation
areas.
(3) All garbage and refuse
receptacles in kitchens and in outdoor areas will be durable, and constructed
of materials that will not absorb liquids.
B. PEST CONTROL:
(1) All licensed programs must use a New
Mexico licensed applicator whenever applying pesticides in or on the program's
buildings and grounds.
(2) The
applicator may not apply pesticides when children are on the
premises.
(3) Parents, guardians,
and staff must be notified at least two days prior to spraying or applying
pesticides.
(4) All food storage,
preparation, and serving areas must be covered and protected from spraying or
application of pesticides.
C. MECHANICAL SYSTEMS:
(1) A program will maintain comfortable
temperatures (68 degrees Fahrenheit through 82 degrees Fahrenheit) in all rooms
used by children. A program may use portable fans if the fans are secured and
inaccessible to children and do not present any tripping, safety or fire
hazards. In the event air temperature in a program exceeds the 82 degrees
Fahrenheit in the summer months because of evaporative cooler temperature
limitations, it will be verified that cooling equipment is functioning, is
being maintained, and that supplemental aides have been employed, such as, but
not limited to: ceiling fans, portable fans, or portable evaporative
coolers.
(2) A program must
maintain all heating and cooling equipment so that it is in good working
order.
(3) A program will not use
unvented heaters, open flame heaters or portable heaters. A program will
install barriers or take other steps to ensure heating units, are inaccessible
to children. Heating units include hot water pipes, infrared heaters, ceramic
heaters, hot water baseboard heaters hotter than 110 degrees Fahrenheit,
fireplaces, fireplace inserts and wood stoves.
(4) A program will provide fresh air and
control odors by either mechanical or natural ventilation. If a program uses a
window for ventilation, it will have a screen. If a door is used for
ventilation, it must have a screen door.
(5) Water coming from a faucet will be below
110 degrees Fahrenheit. A program will install a tempering valve ahead of all
domestic water-heater piping.
(6)
All food preparation areas, sinks, washrooms, laundries and bathrooms will have
hot and cold running water under pressure.
D. LIGHTING, LIGHTING FIXTURES AND
ELECTRICAL:
(1) All areas will have sufficient
glare-free lighting with shatterproof or shielded bulbs.
(2) A program will have emergency lighting
that turns on automatically when electrical service is disrupted.
(3) Use of electrical cords and outlets:
(a) A program will use U/L approved equipment
only and will properly maintain this equipment.
(b) The use of multi-prong or gang plugs is
prohibited. Surge protectors are not gang plugs under these
regulations.
E.
EXITS AND WINDOWS: When an activity area does not have a door directly to the
outside, at least one window in each activity area must be able to be opened
for emergency egress with a minimum net clear opening of 5.7 square feet. The
minimum net clear opening for height dimension must be 24 inches. The minimum
net clear opening width dimension must be 20 inches, and the finished sill
height must not be more than 44 inches above the floor.
(1) There must be at least two exits remote
from each other in each activity area of the program.
(2) Exit ways must be kept free from
obstructions at all times.
F. TOILET AND BATHING FACILITIES:
(1) All toilet rooms will have toilet paper,
soap and disposable towels at a height accessible to children. A program will
not use a common towel or wash cloth.
(2) All toilets and sinks must be accessible,
functional, and located within 100 feet of the licensed area. The staff member
shall maintain a direct line of sight of the child until the child enters the
bathroom and from the time the child leaves the bathroom until the child
returns. A staff member will accompany children to the bathroom door when
maintaining a line of sight is impossible due to bathrooms being not located
within a direct line of sight.
G. SAFETY COMPLIANCE:
(1) A program will conduct emergency
preparedness practice drills at least quarterly beginning of each school
calendar year.
(2) A program will
conduct at least one fire drill each month. A program will:
(a) hold the drills at different times of the
day;
(b) use the fire alarm,
detector system or a simulated fire alarm;
(c) emphasize an orderly evacuation rather
than speedy; and
(d) a program will
keep on file a record of the drills with the date, time, number of adults and
children participating, and any problems encountered during the drills. Records
will be kept for one year.
(3) A program shall request an annual fire
inspection from the fire authority having jurisdiction. If the policy of the
fire authority having jurisdiction does not provide for an annual inspection of
the program, the program must document the date the request was made and to
whom. A copy of the latest inspection must be posted in the program.
(4) A program will post evacuation plans for
each room used by children in the appropriate room.
(5) A program will keep a working telephone
in an easily accessible place for calling for help in an emergency and will
post emergency phone numbers for fire, police, ambulance and the poison control
center next to the phone. A pay phone will not fulfill this requirement. If
cordless phones are used, emergency numbers shall be posted on the phone
itself. Facilities shall post the program's telephone number and address in a
conspicuous location next to the emergency phone numbers.
(6) A program must be equipped with smoke
detectors approved in writing by the fire authority having jurisdiction as to
number, type, and placement.
(7) A
program must have a minimum of two fully-charged 210ABC fire extinguishers, one
located in the kitchen or food preparation area, and one centrally located in
the program.
(8) Fire
extinguishers, alarm systems, automatic detection equipment, and other
firefighting must be properly maintained and inspected on at least a yearly
basis; fire extinguishers must be tagged noting the date of inspection; see
Paragraph (2) of Subsection D of 8.16.2.47 NMAC for emergency lighting
requirements.
H. SMOKING,
FIREARMS, ALCOHOLIC BEVERAGES, ILLEGAL DRUGS AND CONTROLLED SUBSTANCES: A
program will prohibit smoking, use of e-cigarettes and vaporizers in all areas,
including vehicles, and will not allow any alcoholic beverages, firearms,
lethal or non-lethal weapons or non-prescription controlled substances (drugs)
on the premises or in vehicles. Possessing or knowingly permitting illegal
drugs, paraphernalia, or non-prescription controlled substances to be possessed
or sold on the premises at any time regardless of whether children are present
is prohibited.
I. PETS:
(1) A program will inform parents or
guardians in writing before pets are at the program site.
(2) A program will not allow pets in the
kitchen, food serving, food storage areas, or bathrooms.
(3) A program will inoculate any pets as
prescribed by a veterinarian and keep a record of proof of inoculation prior to
the pet's presence at the program.
(4) A program will not allow on the premises
pets or other animals that are undomesticated, dangerous, contagious or vicious
in nature.
(5) Areas of
confinement, such as cages and pens, and outdoor areas are cleaned of excrement
daily. Animals shall be properly housed, fed and maintained in a safe, clean
sanitary and humane condition at all times.
(6) A staff member must be physically present
during the handling of all pets or other animals.