North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 09 - CHILD CARE RULES
Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS
Section 09 .1719 - REQUIREMENTS FOR A SAFE INDOOR/OUTDOOR ENVIRONMENT
Universal Citation: 10A NC Admin Code 09 .1719
Current through Register Vol. 39, No. 6, September 16, 2024
(a) The operator of a family child care home (operator) shall provide a physically safe and healthy indoor and outdoor environment that meets the developmental needs of children in care, including but not limited to the following:
(1) keep all areas used by the children, both
indoors and outdoors, clean and orderly and free of items that are potentially
hazardous to children. Potentially hazardous items including but not limited
to, power tools, nails, chemicals, propane stoves, lawn mowers, and gasoline or
kerosene whether or not intended for use by children, shall be stored in locked
areas, removed from the premises, or otherwise inaccessible to children. This
includes the removal of items that a child can swallow. In addition, loose
nails or screws and splinters shall be removed on inside and outside
equipment;
(2) empty firearms of
ammunition and keep both in separate, locked storage;
(3) keep all materials used for starting
fires, such as matches, lighters, and accelerants in locked storage;
(4) store all combustible materials that may
create a fire hazard according to the instructions on the product
label;
(5) medications including
prescription and non-prescription items shall be stored in a locked cabinet or
other locked container. Designated emergency medications shall be stored out of
reach of children at least five feet high, but are not required to be in locked
storage. For purposes of this Rule, designated emergency medications are those
that are used or needed for the immediate recovery from a life-threatening
event and include Glucagon, epinephrine auto-injector, diazepam rectal
installation and albuterol;
(6)
keep hazardous cleaning supplies and other items that might be poisonous, e.g.,
toxic plants, out of reach or in locked storage when children are in care; A
list of toxic plants may be found on the Division's website at
https://ncchildcare.ncdhhs.gov/pdf_forms.form16b_bb.pdf;
(7) keep all corrosive agents, pesticides,
bleaches, detergents, cleansers, polishes, any product that is under pressure
in an aerosol dispenser, and any substance which may be hazardous to a child if
ingested, inhaled, or handled shall be kept in its original container or in
another labeled container, used according to the manufacturer's instructions,
and stored in a locked area when not in use. Locked areas shall include those
that are unlocked with a combination, electronic, or magnetic device, key, or
equivalent locking device. These unlocking devices shall be kept out of the
reach of a child and shall not be stored in the lock. Toxic substances shall be
stored below or separate from medications and food. Any product not listed in
this Paragraph that is labeled "keep out of reach of children" without any
other warnings shall be kept inaccessible to children when not in use, but is
not required to be kept in locked storage. The product shall be considered
inaccessible to children when stored on a shelf or in an unlocked cabinet that
is mounted a minimum vertical distance of five feet above the finished
floor;
(8) ensure potential
biocontaminants are stored in locked areas, or removed from the premises or
otherwise inaccessible to children, or disposed of in a covered, plastic-lined
receptacle;
(9) keep First Aid
supplies in a place accessible to the operator;
(10) keep tobacco products in locked storage
when children are in care. Children shall be in a smoke free and tobacco free
environment. The operator and staff shall not smoke or use any product
containing, made or derived from tobacco, including cigarettes, e-cigarettes,
cigars, little cigars, smokeless tobacco, and any device used to inhale or
ingest tobacco products at any time during operating hours on the premises of
the family child care home, on vehicles used to transport children, or during
any off premise activities;
(11)
notify the parent of each child enrolled in the facility, in writing, of the
smoking and tobacco restriction;
(12) have a working telephone within the
family child care home. A telephone located in an area of the family child care
home that is sometimes locked during the time the children are present shall
not be the only phone available during operating hours. Telephone numbers for
the fire department, law enforcement office, emergency medical service, and
poison control center shall be posted in a location visible in the
home;
(13) have access to a means
of transportation that is available for emergency situations;
(14) have a First Aid information sheet
posted in a place for quick referral by staff members. The information sheet
shall include First Aid guidance regarding burns, scalds, fractures, sprains,
head injuries, poisons, skin wounds, stings and bites. A child care operator
may request a First Aid information sheet from the North Carolina Child Care
Health and Safety Resource Center at 1-800-367-2229;
(15) conduct a monthly fire drill;
(16) conduct a "shelter-in-place drill" or
"lockdown drill" as defined in
10A NCAC
09.0102 every three months and records shall
be maintained as required by
10A NCAC
09.1721(e)(7);
(17) check the indoor and outdoor environment
daily for debris, vandalism, broken equipment and animal waste. The operator
shall keep all areas used by the children, indoors and outdoors, clean and
orderly and free of items which are potentially hazardous to children. This
includes the removal of items that a child can swallow and use of outdoor play
equipment that is too hot to touch. In addition, loose nails or screws and
splinters shall be removed on inside and outside equipment;
(18) not have plastic bags, toys, and toy
parts small enough to be swallowed accessible to children under three years of
age. This includes materials that can be easily torn apart such as foam rubber
and Styrofoam, except that Styrofoam plates may be used for food service and
larger pieces of foam rubber may be used for supervised art
activities;
(19) ensure that jump
ropes and rubber bands are not accessible to children under five years of age
without adult supervision. Balloons shall be prohibited for children of all
ages;
(20) teacher-made and
home-made equipment and materials may be used if they are safe and functional.
Materials and equipment that are accessible to children shall not be coated or
treated with, nor shall they contain, toxic materials such as creosote,
pentacholorphenol, tributyl tin oxide, dislodgeable arsenic and any finishes
which contain pesticides;
(21)
ensure the equipment and toys are in good repair and are developmentally
appropriate for the children in care;
(22) ensure that all stationary outdoor
equipment is anchored and is not installed over concrete or asphalt. Footings
that anchor the equipment shall not be exposed;
(23) ensure that any openings in equipment,
steps, decks, and handrails shall be smaller than 31/2 inches or greater
than 9 inches to prevent entrapment;
(24) ensure that all commercially
manufactured equipment and furnishings shall be assembled and installed
according to procedures specified by the manufacturer;
(25) ensure that a shaded area is available
to children in the outdoor learning environment. The shade may be provided by a
building, awnings, trees, or other methods;
(26) mount electric fans out of the reach of
children or have a mesh guard on each fan;
(27) cover all electrical outlets not in use
and remove cracked, or frayed cords in occupied outlets;
(28) ensure that, for appliances with heating
elements, such as bottle warmers, crock pots, irons, coffee pots, or curling
irons, neither the appliance nor any cord, is accessible to children;
(29) indoor and outdoor stairs with more than
two steps that are used by the children shall be railed. Indoor stairs with
more than two steps shall be made inaccessible to children in care who are two
years old or younger; and
(b) When animals are on the premises, the following shall apply:
(1) all household pets
shall be vaccinated with up-to-date vaccinations as required by North Carolina
law and local ordinances. Rabies vaccinations are required for cats and
dogs;
(2) animal cages shall be
kept free of animal waste; and
(3)
prior to enrollment of children in a family child care home, and before new
animals come into the family child care home, the family child care home
operator shall obtain each parent's signature on a form acknowledging the type
of animal located on the premises and where the animal will be kept during
operating hours. This documentation shall be maintained in each child's
file.
Authority
G.S.
110-85;
110-88;
110-91(3),(4),(5),(6);
Eff. July 1, 1998;
Amended Eff. May 1, 2012; April 1,
2001;
Temporary Amendment Eff. September 23, 2016;
Readopted Eff. October 1, 2017;
Amended Eff. September 1,
2019.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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