South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 5 - LICENSING
Subarticle 1 - DAY CARE FACILITIES
Section 114-507 - Physical Site
Universal Citation: SC Code Regs 114-507
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 South Carolina Department of Health and
Environmental Control (DHEC), pursuant to South Carolina Code annotated Section
44-53-1310, et seq.,
and Regulation Number (61-85).
(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, 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 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, and 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 ¼ inch in diameter, items
with removable parts smaller than 1 ¼ 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 DHEC.
(b) The center shall have hot and cold water
under pressure. (Forty PSI recommended) If water is unavailable for four hours,
a center must close.
(c) Hot water
shall meet current DHEC regulations for Retail Food Establishments:
61-25.
(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. If temperature cannot be maintained in this range for
more than four hours, the center must close.
(b) Caution shall be used with regards to
weather and the length of time children are outside when the wind chill factor
is below 20 degrees Fahrenheit or the heat index is above 95 degrees
Fahrenheit.
(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. - NFPA 70 and 99 Compliance.
(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
running water under pressure for every 20 children over two years of age. Sinks
shall be located in or near each toilet area. It is recommended that water be a
minimum of 60 degrees Fahrenheit.
(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.
(5) Outdoor recreational
equipment shall meet the standards of the US Consumer Products Safety
Commission (CPSC), if applicable. Recalled products listed by the CPSC shall
not be accessible to children.
(6)
Outdoor recreational equipment shall be made of durable, non-rusting,
non-poisonous materials, and shall be sturdy.
(7) Stationary outdoor equipment shall be
firmly anchored and shall not be placed on a concrete or asphalt
surface.
(8) Swings shall be
located to minimize accidents and shall have soft and flexible seats.
(9) Cushioning material such as mats, wood
chips or sand shall be used under climbers, slides, swings, and large pieces of
equipment. Cushioning material shall extend at least six (6) feet beyond the
equipment and swings.
(10) Slides
shall have secure guards along both sides of the ladder and placed in a shaded
area.
(11) Outdoor metal equipment
that is uncoated shall be located in shaded areas or otherwise protected from
the sun. Teachers shall check the temperature by touch prior to children
playing on it.
(12) Outdoor
equipment shall be arranged so that children can be seen at all
times.
(13) 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.
C. Furniture, toys, and recreational equipment shall:
(1) 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)
Meet the standards of the US Consumer Products Safety Commission (CPSC), if
applicable. Recalled products listed by the CPSC shall not be accessible to
children;
(3) Be developmentally
and size appropriate, accommodating the maximum number of children involved in
an activity at any one time;
(4)
Playpens are not allowed in licensed care.
(5) All arts and crafts and play materials
shall be nontoxic;
(6) The height
of play equipment shall be developmentally and size appropriate;
(7) Sand in a sand box shall be securely
covered when not in use and, if outdoors, constructed to provide for
drainage;
(8) 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.
D. Rest equipment
(1) Cribs shall meet the requirements of the
US Consumer Products Safety Commission (CPSC).
(2) Each infant, toddler, two year old and
preschool child shall be assigned an individual, clean, and developmentally
appropriate crib, cot, or mat appropriately labeled with the child's name
and/or charted and used only by that child.
(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.
(d) Reptiles and rodents shall not be
accessible to children.
(e)
Children and adults shall wash their hands after touching animals.
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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