South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 5 - LICENSING
Subarticle 1 - DAY CARE FACILITIES
REGULATIONS FOR THE LICENSING OF GROUP CHILD CARE HOMES
Section 114-526 - Physical Site
Universal Citation: SC Code Regs 114-526
Current through Register Vol. 48, No. 3, March 22, 2024
A. Indoor space and conditions
(1) The director shall provide at
least thirty-five (35) square feet of indoor play space per child, measured by
Department staff from wall to wall. Department staff shall determine the total
number of children to be cared for in each room by measuring and computing the
rooms separately. Bathrooms, reception areas, isolation rooms, halls and space
occupied by cupboards, shelves, furniture and equipment which are accessible to
children for their use shall be allowable space. Kitchens, storage rooms and
storage cabinets used solely for or by staff shall be excluded. Halls, although
included in total indoor space, shall not be used for activities or storage of
furniture and equipment.
(2)
Ventilation.
(a) Child care areas, dining
areas, kitchens and bathrooms shall be ventilated by mechanical ventilation,
such as fans or air conditioning, or at least one operable window.
(b) If freestanding fans are used, fans shall
have a stable base, be equipped with protective guards and be placed in a safe
location.
(c) Windows, including
windows in doors, when utilized for ventilation purposes shall be securely
screened to prevent the entrance of insects.
(d) Windows accessible to children under 5
years of age that are above ground level of the building shall be adjusted to
limit the opening to less than 6 inches or protected with guards that do not
block outdoor light.
(3)
Safety glass shall be used on clear glass windows and doors that are within
thirty-two inches above floor level and that are accessible to children. Decals
shall be applied to all glass or sliding patio doors and placed at eye level of
the children being cared for at the facility.
(4) Lighting.
(a) Rooms, hallways, interior stairs, outside
steps, outside doorways, porches, ramps and fire escapes shall be
lighted.
(b) At least twenty foot
candles of light shall be required on all work surfaces in food preparation,
equipment washing, utensil washing, hand-washing areas, and toilet
rooms.
(c) Adequate, safe lighting
for individual activities, for corridors, and for bathrooms shall be
provided.
(5)
Environmental hazards.
(a) Safety barriers
shall be placed around all heating and cooling sources, such as hot water
pipes, fixed space heaters, wood- and coal-burning stoves, hot water heaters,
and radiators, that are accessible to children to prevent accidents or injuries
upon contact by the child.
(b)
Knives, lighters, matches, projectile toys, tobacco products, microwave ovens
and other items that could be hazardous to children shall not be accessible to
children.
(c) To prevent lead
poisoning in children, child care centers shall meet applicable lead base paint
requirements, as established by the DHEC.
(d) Floors, walls, ceilings, windows, doors
and other surfaces shall be free from hazards such as peeling paint, broken or
loose parts, loose or torn flooring or carpeting, pinch and crush points, sharp
edges, splinters, exposed bolts and openings that could cause head or limb
entrapment.
(e) The use of sinks,
equipment and utensil-washing sinks, or food preparation sinks for the cleaning
of garbage and refuse containers and the cleaning of mops or similar wet floor
cleaning tools and for the disposal of mop water or similar liquid waters is
prohibited.
(f) Children shall not
be present in the area during construction or remodeling and not in the
immediate area during cleaning or in such a manner as not to create a condition
that might result in an accident or cause harm to the health and safety of the
children.
(g) The following items
shall be secured or inaccessible to children for whom they are not age
appropriate:
(i) Items that may cause
strangulation such as blind cords, plastic bags, necklaces, drawstrings on
clothing and string;
(ii) Items
that may cause suffocation such as sand, beanbag chairs, pillows, soft bedding
and stuffed animals; and
(iii)
Items that may cause choking such as materials smaller than 1 1/4 inch in
diameter, items with removable parts smaller than 1 1/4 inch in diameter,
Styrofoam objects and latex balloons.
(6) Water supply.
(a) The water supply shall meet applicable
requirements for water quality and testing in accordance with the
DHEC.
(b) The center shall have hot
and cold water under pressure. (Forty PSI recommended) If an individual private
well water supply is used, the director shall obtain approval pursuant to DHEC
to ensure safe location, construction, and proper maintenance and operation of
the system.
(c) Hot water shall be
between 100 and 120 degrees Fahrenheit.
(d) Safe drinking water shall be available to
children at all times and there shall be no use of common drinking
cups.
(e) If a water fountain is
available, it shall be of an angle-jet design, maintained in good repair and
kept sanitary. There shall be no possibility of mouth or nose
submersion.
(f) Ice used for any
purpose shall be made from water from an approved source. The ice shall be
handled and stored in a sanitary manner.
(7) Temperature.
(a) Temperature shall be maintained between
68 and 80 degrees Fahrenheit as appropriate to the season while children are
present in the center.
(b) When
outdoor temperature exceeds 90 degrees Fahrenheit, caution shall be used when
children are involved in outdoor physical activities.
(8) Sanitation.
(a) Clean and sanitary conditions shall be
maintained indoors and outdoors, including indoor and outdoor recreational
equipment and furnishings.
(b)
Measures to control insects, rodents, and other vermin shall be taken to
prevent harborage, breeding, and infestation of the premises.
(c) All solid wastes shall be disposed of at
sufficient frequencies and in such a manner not to create a rodent, insect, or
vermin problem.
(d) Trash in
diapering areas shall be kept in closed, hands-free operated, plastic lined
receptacles in good repair.
(e)
Trash in kitchen areas shall be kept in closed, plastic lined
receptacles.
(f) Trash in
children's restrooms, classrooms, and eating areas shall be kept in plastic
lined receptacles.
(g) Trash
receptacles outside the building, shall be watertight with firm fitting lids
that prevent the penetration of insects and rodents.
(h) Trash disposal and sewage system
construction and usage shall be in accordance with local standards and
ordinances.
(i) The use of child
care room, bathroom, or kitchen sinks for cleaning of trash receptacles or
cleaning equipment is prohibited.
(9) Doors.
(a) Protective gates shall be of the type
that do not block emergency entrances and exits and that prevent finger
pinching and head or limb entrapment.
(10) Landings, stairs, handrails and
railings.
(a) Children shall not have access
to a door that swings open to a descending stairwell or outside steps, unless
there is a landing that is at least as wide as the doorway at the top of the
stairs.
(b) Each ramp and each
interior stairway and outside steps exceeding two steps shall be equipped with
a secure handrail at the height appropriate for the sizes of the children at
the center.
(c) Stairs shall have a
nonskid surface.
(d) Each porch and
deck that has over an 18-inch drop shall have a well-secured railing.
(e) Interior stairs that are not enclosed
shall have a barrier to prevent falls.
(11) Electrical sources.
(a) The center shall be connected with an
electrical source.
(b) Electrical
outlets and fixtures shall be connected to the electrical source in a manner
that meets local electrical codes, as certified by an electrical code
inspector.
(c) Electrical outlets
shall be securely covered with childproof covers or safety plugs when not in
use in all areas accessible to children.
(d) No electrical device accessible to
children shall be located so that it could be plugged into the outlet while in
contact with a water source, such as sinks, tubs, shower areas, or
swimming/wading pools unless ground fault devices are utilized.
(12) Bathrooms.
(a) There shall be at least one flush toilet
for every 20 children over two years of age. Staff shall be included when
determining availability of toilets if there are no staff rest rooms.
(b) If seat adapters are used for toilet
training, they shall be cleaned and sanitized after each use.
(c) Toilet training equipment shall be
provided to children who are being toilet trained.
(d) There shall be at least one sink with hot
and cold running water under pressure for every 20 children over two years of
age. Sinks shall be located in or near each toilet area.
(e) Toilets and sinks shall be at heights
accessible to the children using them or shall be equipped with safe and sturdy
platforms or steps.
(f) Privacy
shall be provided for toilets used by preschool and school age
children.
(g) Floor and wall
surfaces in the toilet area shall have smooth, washable surfaces. Carpeting is
not permitted in the toilet area.
(h) Toilets, toilet seat adapters, sinks, and
restrooms shall be cleaned at least daily and shall be in good
repair.
(i) Liquid or granular soap
and disposable towels shall be provided at each sink.
(j) Children shall not be left unattended in
a bathtub or shower.
(k) Easily
cleanable receptacles shall be provided for waste material. Toilet rooms used
by women shall be provided with at least one covered waste
receptacle.
(l) Bathroom facilities
shall be completely enclosed.
B. Outdoor space
(1) The director shall provide at least
seventy-five (75) square feet of outdoor play space per child. Where outdoor
space is insufficient at the center, the director and/or staff may take the
children outdoors in shifts or utilize parks or other outdoor play areas which
meet safety requirements and which are easily accessible.
(2) The outdoor space shall be free from
hazards and litter.
(3) Outdoor
walkways shall be free from debris, leaves, ice, snow, and
obstruction.
(4) Children shall be
restricted from unsafe areas and conditions such as traffic, parking areas,
ditches, and steep slopes by a fence or natural barrier that is at least four
feet high.
C. Furniture, toys, and recreational equipment
(1) Shall be
clean and free from hazards such as broken or loose parts, rust or peeling
paint, pinch or crush points, unstable bases, sharp edges, exposed bolts, and
openings that could cause head or limb entrapment.
(2) Shall meet the standards of the CPSC, if
applicable. Recalled products listed by the CPSC shall not be accessible to
children.
(3) Shall be
developmentally and size appropriate, accommodating the maximum number of
children involved in an activity at any one time.
(4) The sides of playpens shall remain
latched as long as a child is using the playpen. If playpens are used they
shall have waterproof, washable, comfortable pads.
(5) Outdoor recreational equipment shall be
made of durable, non-rusting, non-poisonous materials, and shall be
sturdy.
(6) Stationary outdoor
equipment shall be firmly anchored and shall not be placed on a concrete or
asphalt surface. Cushioning material such as mats, wood chips or sand shall be
used under climbers, slides, swings, and large pieces of equipment.
(7) Swings shall be located to minimize
accidents and shall have soft and flexible seats.
(8) Cushioning material shall extend at least
six feet beyond the equipment and swings.
(9) Slides shall have secure guards along
both sides of the ladder and placed in a shaded area.
(10) Outdoor metal equipment shall be located
in shaded areas or otherwise protected from the sun.
(11) Outdoor equipment shall be arranged so
that children can be seen at all times.
(12) The height of play equipment shall be
developmentally and size appropriate.
(13) Sand in a sand box shall be securely
covered when not in use and, if outdoors, constructed to provide for
drainage.
(14) Indoor recreational
equipment and furnishings shall be cleaned and disinfected when they are soiled
or at least once weekly and shall be of safe construction and free of sharp
edges and loose or rusty points. Indoor recreational equipment and furnishings
shall be clean and shall be of safe construction and free of sharp edges and
loose or rusty points.
(15) A
properly fitting bicycle helmet that is approved by American National Standards
Institute, Snell Memorial Foundation, or American Society for Testing and
Materials, shall be worn by each child when riding a bicycle, skateboard,
roller blades, or skates. Helmets are optional for use with
tricycles.
D. Rest equipment
(1) Cribs shall meet the
requirements of the CPSC.
(2)
Individual, clean, developmentally appropriate cribs, cots, or mats shall be
provided for each infant, toddler and preschool child, and used only by that
child until they have been sanitized.
(3) Cribs, cots, and mats shall be made of
easily cleanable material.
(4)
Placement of sleeping and napping equipment shall allow ready access to each
child by staff.
(5) Individual,
clean, appropriate coverings shall be provided.
(6) Cots and mats shall be stored so that the
surface on which a child lies does not touch the floor.
E. Environmental hazards
(1) Poisons or harmful agents.
(a) Poisons or harmful agents shall be kept
locked, stored in the original containers, labeled and inaccessible to
children.
(b) Poisons or harmful
agents shall be purchased in childproof containers, if available.
(c) Play materials, including arts and
crafts, shall be non-poisonous.
(d)
Poisonous plants are not permitted.
(e) Pesticides shall be of a type applied by
a licensed exterminator in a manner approved by the United States Environmental
Protection Agency. Pesticides shall be used in strict compliance with label
instructions and should not be used while children are present. Pesticide
containers shall be prominently and distinctly marked or labeled for easy
identification of contents and stored in a secure site accessible only to
authorized staff.
(2)
Water hazards.
(a) Swimming pools located at
the center or used by the center shall conform to the regulations of DHEC for
construction, use, and maintenance.
(b) Swimming pools, stationary wading pools
and other water sources such as ditches, streams, ponds, and lakes shall be
made inaccessible to children by a secure fence that is at least 4 feet high;
exits and entrances shall have self-closing, positive latching gates with
locking devices;
(c) Children shall
not be permitted in hot tubs, spas, or saunas.
(d) Children shall not be permitted to play
in areas where there are swimming pools or other water sources without constant
supervision.
(3)
Firearms, weapons, and ammunition are not permitted in the center or on the
premises without the express permission of the authorities in charge of the
premises or property. This does not apply to a guard, law enforcement officer,
or member of the armed forces, or student of military science.
(4) Animals: The following requirements apply
in regard to animals:
(a) Healthy animals
which present no apparent threat to the health and safety of the children shall
be permitted, provided they are cleaned properly housed, fed and cared for and
have had required vaccinations, as appropriate. Live animals shall be excluded
from areas where food for human consumption is stored, prepared or
served;
(b) Animals shall not be
permitted if a child in the room or area is allergic to the specific type of
animal;
(c) Animal litter and waste
shall not be accessible to children; and
(d) Reptiles and rodents shall not be
accessible to children without adult supervision.
Disclaimer: These regulations may not be the most recent version. South 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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