Utah Administrative Code
Topic - Health
Title R430 - Residential Child Care Licensing
Rule R430-90 - Licensed Family Child Care
Section R430-90-9 - Facility
Current through Bulletin 2024-06, March 15, 2024
(1) The provider shall ensure that there is at least 35 square feet of indoor space for each child in care, including the provider's and employees' children.
(2) The department may include floor space used for furniture, fixtures, or equipment as indoor space per child if the furniture, fixture, or equipment is used:
(3) The department may not include the following areas when measuring indoor space for children's use:
(4) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license, except when providing after school child care for up to three additional school-age children.
(5) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint is tested for lead. If lead-based paint is found, the provider shall contact their local health department within five working days and follow required procedures for remediation of the lead hazard.
(6) The provider shall ensure that each room and indoor area that is used by children is ventilated by mechanical ventilation, or by windows that open and have screens.
(7) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity being conducted.
(8) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.
(9) The provider shall ensure that there is a working telephone at the facility, in each vehicle while transporting children, and during offsite activities.
(10) The provider shall ensure that there is at least one working toilet and at least one working handwashing sink accessible to each nondiapered child in care.
(11) The provider shall ensure that there is at least one bathroom that provides privacy available for use by school-age children.
(12) The provider shall ensure that there is an outdoor area that is safely accessible to children.
(13) The provider shall ensure that the outdoor area has at least 40 square feet of space for each child using the area at one time.
(14) The provider shall ensure that the outdoor area is enclosed within a fence, wall, or solid natural barrier that is at least four feet high if the facility is on a street or within a half mile of a street that:
(15) The provider shall ensure that the following hazards are separated from the children's outdoor area with a fence, wall, or solid natural barrier that is at least four feet high:
(16) The provider shall ensure that there is no gap five by five inches or greater in or under the fence or barrier.
(17) The provider shall ensure that there is shade available to protect the children from excessive sun and heat when children are in the outdoor area.
(18) If there is a swimming pool on the premises that is not emptied after each use, the provider shall:
(19) If there is a hot tub with water in it on the premises, the provider shall make the hot tub inaccessible to children by:
(20) The provider shall maintain buildings and outdoor areas in good repair and safe condition including:
(21) The provider shall ensure that accessible raised decks or balconies that are five feet or higher, and open stairwells that are five feet or deeper have protective barriers that are at least three feet high.
(22) If the house is subdivided, any part of the building is rented out, or any area of the facility is shared including the outdoor area, the department may inspect the entire facility and the provider shall ensure that covered individuals in the facility comply with this rule, except when: