Current through Register Vol. 35, No. 18, September 24, 2024
A. HOUSEKEEPING:
(1) A center will keep the premises,
including furniture, fixtures, floors, drinking fountains, toys and equipment
clean, safe, and in good repair. The center and premises will be 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, constructed of
materials that will not absorb liquids and have tight fitting lids.
B. PEST CONTROL:
(1) All licensed child care centers must use
a New Mexico licensed applicator whenever applying pesticides on the center's
buildings or grounds.
(2) The
licensed 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, herbicides, and other natural repellants and kept
out of reach of children.
C. MECHANICAL SYSTEMS:
(1) A center will maintain comfortable
temperatures (68 degrees through 82 degrees Fahrenheit) in all rooms used by
children. A center 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 center 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 center must maintain
all heating and cooling equipment so that it is in good working
order.
(3) A center will not use
un-vented heaters, open flame heaters or portable heaters. A center will
install barriers or take other steps to ensure heating units are inaccessible
to children. Heating units include hot water pipes, hot water baseboard heaters
hotter than 110 degrees Fahrenheit, infrared heaters, ceramic heaters,
fireplaces, fireplace inserts and wood stoves.
(4) A center will provide fresh air and
control odors by either mechanical or natural ventilation. If a center uses a
window for ventilation, it will have a screen. If a door is used for fresh air
ventilation, it must have a screen door.
(5) Water coming from a faucet will be below
110 degrees Fahrenheit. A center will install a tempering valve ahead of all
domestic water-heater piping.
D. WATER AND WASTE: All food preparation
areas, sinks, washrooms, laundries, bathrooms and any self-contained area for
infants and toddlers in diapers will have hot and cold running water
pressure.
E. LIGHTING, LIGHTING
FIXTURES AND ELECTRICAL:
(1) All areas will
have sufficient glare-free lighting with shatterproof or shielded
bulbs.
(2) A center will have
emergency lighting that turns on automatically when electrical service is
disrupted.
(3) Use of electrical
cords and outlets:
(a) A center will use U/L
approved equipment only and will properly maintain this equipment.
(b) All electrical outlets within reach of
children will be safety outlets or will have protective covers.
(c) The use of multi-prong or gang plugs is
prohibited. Surge protectors are not gang plugs under these
regulations.
F. EXITS AND WINDOWS:
(1) 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.
(2) There must be at least
two exits remote from each other in each activity area of the center.
(a) All exits must be marked, including fire
exits, by signs having letters at least six inches high whose principal strokes
are at least three-fourths of an inch wide.
(b) When illuminated exit signs are installed
they must be maintained in operable condition.
(c) All activity spaces for children under
the age of two and a half years shall be on the "level of exit discharge" or
ground floor.
(3) Exit
ways must be kept free from obstructions at all times.
(4) Activity areas for children must have
windows or skylight area of at least one-twentieth of the floor area. A
skylight means an opening in a roof or ceiling, framed, and fitted with glass
for admitting natural light. A skylight is also a tubular skylight, solar tube,
or light tunnel. Tubular skylights are devices which uses a rooftop dome to
transfer light indoors through reflective tubing running from the roof to the
ceiling. Natural lighting received from an adjacent room will not meet the
natural lighting requirements.
G. TOILET AND BATHING FACILITIES:
(1) A center shall have one sink in any room
for infants, toddlers, and combination thereof. Centers licensed after November
30, 2012 shall have one sink and one toilet in any room that has children ages
24 - 35 months, which shall be used exclusively by the children in this room.
All sinks referred to in this paragraph shall have permanent plumbing, hot and
cold running water, and shall not be used for food preparation or bottle
cleaning. A basin with multiple compartments with a shared faucet will be
considered one sink.
(2) All toilet
rooms will have toilet paper, soap and disposable towels at a height accessible
to children. A center will not use a common towel or wash cloth.
(3) All closets and bathroom locks must have
an outside release. A center will enclose all bathrooms. Bathrooms must be
accessible and functional.
(4)
Toilets and lavatories must be provided in the following ratios. These ratios
also apply to programs that share lavatories with unlicensed facilities.
(a) one toilet and one lavatory for one to 12
children;
(b) two toilets and two
lavatories for 13 through 25 children;
(c) one toilet and one lavatory for each
additional 15 children or fraction thereof; or
(d) when a center's capacity exceeds 30
children a separate toilet room must be provided for staff.
H. SAFETY COMPLIANCE:
(1) A center will conduct emergency
preparedness practice drills at least quarterly beginning January of each
calendar year.
(2) A center will
conduct at least one fire drill each month.
(3) A center will:
(a) hold the drills at different times of the
day;
(b) use the fire alarm or
detector system;
(c) emphasize an
orderly rather than a speedy evacuation;
(d) a center will keep a record of the fire
drills and emergency preparedness practice drills with the date, time, number
of adults and children participating, and any problems encountered during the
fire drill on file for at least 12 months;
(e) a center shall request an annual fire
inspection from the fire authority having jurisdiction over the center; if the
policy of the fire authority having jurisdiction does not provide for an annual
inspection of the center, the center must document the date the request was
made and to whom; a copy of the latest inspection must be posted in the
center;
(f) a center will post an
evacuation plan in each room used by children;
(g) a center will keep a 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 center will not use a pay phone to fulfill this
requirement; if cordless phones or cellular telephones and devices are used,
emergency numbers shall be posted on the phone itself; facilities shall post
the center's telephone number and address in a conspicuous location next to the
emergency phone numbers; a center shall have at least one corded phone or cell
phone for use in the case of a power outage;
(h) a center must be equipped with an
approved, manually operated alarm system or other continuously sounding alarm
approved in writing by the fire authority having jurisdiction;
(i) a center must be equipped with smoke
detectors approved in writing by the fire authority having jurisdiction as to
number, type, and placement;
(j) a
center must be equipped with carbon monoxide detectors to cover all licensed
areas of the center if the child care program uses any sources of coal, wood,
charcoal, oil, kerosene, propane, natural gas, or any other product that can
produce carbon monoxide indoors. Carbon monoxide detectors should be installed
and maintained according to the manufacturer's instructions.
(k) a center must have a minimum of two
210ABC fire extinguishers, one located in the kitchen or food preparation area,
and one centrally located in the center; and
(l) fire extinguishers, alarm systems,
automatic detection equipment, and other firefighting must be properly
maintained and inspected on a least yearly basis; fire extinguishers must be
tagged noting the date of inspection; see Paragraph (2) of Subsection E of
8.9.4.29 NMAC for emergency lighting requirements.
I. SMOKING, FIREARMS, ALCOHOLIC
BEVERAGES, ILLEGAL DRUGS AND CONTROLLED SUBSTANCES: A center will prohibit
smoking, 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.
J. PETS:
(1)
A center will inform parents or guardians in writing before pets are allowed in
the center.
(2) A center will not
allow pets in the kitchen, food serving, food storage areas, bathrooms, or
infant room.
(3) A center will
inoculate any pets as prescribed by a veterinarian and keep a record of proof
of inoculation prior to the pet's presence in the center.
(4) A center 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.