Wisconsin Administrative Code
Department of Children and Families
DCF 201-252 - Early Care and Education
Chapter DCF 250 - Family Child Care Centers
Section DCF 250.06 - Physical plant and equipment

Universal Citation: WI Admin Code ยง DCF 250.06

Current through August 26, 2024

(1) BUILDING.

(a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department's issuance of a license.

Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.

(b) Space and temperature.
1. A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children's use.

2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.

3. If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.

4. There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.

(2) PROTECTIVE MEASURES.

(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.

(b) Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.

(c) Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.

(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center, and emergency medical service, posted in a location known to all providers.

(e) The center's indoor and outdoor child care space shall be free of hazards including any recalled products.

Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Publications/KeepYourKidsSafeNewsletter.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.

(g) Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.

(h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.

Note: Section DCF 250.03 (26) defines "premises" as the tract of land on which the center is located, including all buildings and structures on that land.

(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.

(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.

(l)
1. A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

2. A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

(m) The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.

(n)
1.
a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center's windows closed.

b. In a center licensed prior to March 1, 2023, a test for radon gas levels shall be conducted no later than September 1, 2023.

c. In a center licensed on or after March 1, 2023, a test for radon gas levels shall be conducted within 6 months prior to providing care for children.

2. The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.

3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.

4. If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:
a. Notify the parents of children in care.

b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a., and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.

5. The licensee shall test radon gas levels in the center every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd.1. a.

Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.

(3) EMERGENCY PLANS AND DRILLS.

(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:
1. Evacuation, relocation, shelter-in-place, and lock-down.

2. Ensuring that the needs of children under age 2 and children with disabilities are met.

3. Communication with parents.

4. Connecting children with their parents if the center is required to evacuate the building.

(b) The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April through October, with the children and shall document when the plans were practiced.

Note: The licensee may use either the department's form, Fire Safety and Emergency Response Documentation - Family Child Care Centers, or the licensee's own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(4) FIRE PROTECTION.

(a)
1. A center shall have a smoke detector installed according to the manufacturer's instructions and maintained in operating condition at the head of every open stairway, on each level of the center, and in all areas used for nap or rest periods.

Note: The smoke detector at the head of an open stairway may also serve as the smoke detector for that level of the center.

2. A center shall have an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below ground level.

3. All smoke detectors shall be tested monthly, and a record shall be kept of the time, date, and results of the test. A smoke detector shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.

Note: The licensee may use either the department's form, DCF-F-CFS0460 Safety and Emergency Response Documentation - Family Child Care Centers, or the licensee's own form to record the results of smoke detector tests. The department's form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

4. The battery in a single-station battery-operated smoke detector shall be replaced at least once each year.

(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.

Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.

(c) Unvented gas, oil or kerosene space heaters are prohibited.

(d) A woodburning stove may be used only if it meets standards specified under s. SPS 323.045.

(e) The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.

(6) WATER.

(a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.

(b) If a center gets its water from a private well, the center shall comply with all of the following:
1.
a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.

b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria.

Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.

Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.

2.
a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L.

Note: A list of laboratories certified to test for nitrate can be found on DNR's website: www.dnr.wi.gov.

Note: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the department of safety and professional services to remove nitrate, and water from a public water system that meets drinking water standards.

3.
a. The center shall have the well tested for lead every 5 years using a laboratory certified by the department of natural resources under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate lead levels are above 15 micrograms per liter (µg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15 µg/L as confirmed by an additional water test.

Note: A list of laboratories certified to test for lead can be found on DNR's website: www.dnr.wi.gov.

Note: Alternative sources of drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.

(7) EXITS, DOORS AND WINDOWS.

(a) Exits.
1. All exits shall be clear of obstructions.

2. Each floor or level occupied by children shall have at least 2 exits.

3. Exits shall be located as far apart as practical.

4. The width of every exit door shall be at least 2 feet 6 inches.

5. The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.

6. The secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. A door or stairway leading to a platform or roof with railings complying with sub. (2) (g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.

c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of a tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.

d. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd. 6. a. and b.

7. If care is provided in a basement, all of the following apply:
a. The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. The secondary exit shall be either a door or stairway leading to the ground level or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.

(b) Doors and windows.
1. Every closet door latch shall be capable of being opened by children from inside the closet.

2. Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.

3. Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.

(9) FOOD PREPARATION AND SERVICE.

(a) Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.

(b) Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.

(c) Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs, and dairy products shall be from an inspected source.

(d) Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.

(e) Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.

(f) Food shall be provided based on the amount of time children are in care, as specified in Table 250.06.

TABLE 250.06

Meals and Snacks to be Served to Children

Time PresentNumber of Meals and Snacks
At least 2 1/2 but less than 4 hours1 snack
At least 4 but less than 8 hours1 snack and 1 meal
At least 8 but less than 10 hours2 snacks and 1 meal
10 or more hours2 meals and 2 or 3 snacks

(g) Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.

(h) At a minimum, children shall be provided food for each meal and snack that meets the U.S. department of agriculture child and adult care food program minimum meal requirements.

Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(i) Additional portions of vegetables, fruits, bread, and milk shall be available.

(j) Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children shall be retained for 3 months.

(k) When food for a child is provided by a child's parent, the licensee shall give the parent information about the requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.

(l) A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.

(m) A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child's physician and upon the request of the parent.

(n) A special diet based on a food allergy may be served upon the written request of the parent.

(11) OUTDOOR SPACE.

(a) Requirement for outdoor play space. A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.

(b) Required features of outdoor play space. Except when an exemption is requested and approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:
1. The outdoor play space shall be on the premises of the center.

2. There shall be at least 75 square feet of outdoor play space for each child using the space at a given time. A center with a licensed capacity of 8 children is required to have a minimum of 600 square feet.

3. Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.

3m. Wood treated with creosote or pentachlorophenol (PCP), including railroad ties, may not be used in areas accessible to children.

4. A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.

5. Concrete and asphalt are prohibited under climbing equipment, swings and slides.

(c) Exemption for off-premises play space.
1. In this paragraph, "main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.

2. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd. 3. for the center's outdoor play space.

3. A request for an exemption under subd. 2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:
a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.

b. Provides for adequate supervision of the children as specified in Table 250.055.

c. Provides for daily vigorous exercise in the out-of-doors for the children.

d. Describes the arrangements to meet the toileting and diapering needs of the children.

e. Affirms the center's compliance with the requirements included in subds. 4. to 7.

Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department's Division of Early Care and Education. See Appendix A for addresses of the regional offices.

4. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.

5. There shall be at least 75 square feet of play space for each child using the space at a given time.

6. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.

7. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.

8. A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.

9. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing representative any significant change in any circumstance described in the plan.

(12) SWIMMING AREAS.

(a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be enclosed by a 4-foot fence with a self-closing, self-latching door. In addition, all of the following restrictions apply:
1. If access to the pool is through a gate, the gate shall be closed and locked during the center's hours of operation.

2. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.

3. Locks shall be located so that the locks cannot be opened by the children.

4. The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.

5. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

(b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.05 (3) and (4) shall be met.

(c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:
1. The construction and operation of the pool meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools and the beach complies with any applicable local ordinance.

2. Certified lifesaving personnel are on duty.

3. While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:
a. For children under 2 years of age: 1:1.

b. For children 2 and 3 years of age years of age: 1:3.

c. For children 4 and 5 years of age: 1:6.

d. For children 6 years of age and older: 1:8.

4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child's age.

Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.

5. A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.

6. If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.

Disclaimer: These regulations may not be the most recent version. Wisconsin 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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