Wisconsin Administrative Code
Department of Children and Families
DCF 201-252 - Early Care and Education
Chapter DCF 251 - Group Child Care Centers And Child Care Programs Established Or Contracted For By School Boards
Section DCF 251.06 - Physical plant and equipment
Universal Citation: WI Admin Code ยง DCF 251.06
Current through August 26, 2024
(1) BUILDING.
(a) The building in which a center
is located shall comply with applicable state and local building codes. The
licensee shall maintain a building inspection report that specifies that the
building meets the applicable Wisconsin commercial building codes for use as a
group child care center.
Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.
(c) Space designated for use by children may
only be used by children and staff and may not be used for other purposes while
the center is open.
(d) The inside
temperature may not be less than 67°F.
(e) If the inside temperature exceeds 80°
F., the licensee shall provide for air circulation with fans, with air
conditioning, or by other means.
(2) PROTECTIVE MEASURES.
(a) The indoor and outdoor premises 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/Programs_Services/ChildProductRecallsAdvice.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.
(b)
Steam radiators, fireplaces, wood burning stoves, electric fans, electric
outlets, electrical heating units and hot surfaces, such as pipes, shall be
protected by screens or guards so that children cannot touch them.
(c) Firearms, ammunition and other
potentially dangerous items may not be kept on the premises.
(d) Materials harmful to children, including
power tools, flammable, or combustible materials, insecticides, matches, drugs,
cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles
shall be appropriately labeled and stored in areas inaccessible to
children.
(e) A motor vehicle shall
be immediately available at the center at all times in case of an emergency if
a public or private rescue or emergency vehicle cannot arrive at the center
within 10 minutes of a phone call.
(f) The center shall have a working telephone
or access to a working telephone on the premises during hours of operation,
with a list of emergency telephone numbers, including telephone numbers for the
local fire department, police department, or other law enforcement agency,
poison control center, and emergency medical service in a location known to all
providers. In this paragraph, "telephone" does not include a pay telephone
requiring payment to reach the operator or a telephone in a locked
room.
(g) Stairs, walks, ramps and
porches shall be maintained in a safe condition and free from the accumulation
of water, ice or snow.
(gm) The
premises shall be well drained, free from litter, clean, and in good repair.
The premises shall be maintained to prevent the entrance or harborage of
vermin.
(h) Smoking is prohibited
on the premises of the center or in a vehicle used to transport children when
the children are in care.
Note: See s. DCF 251.03 (25) for the definition of premises.
(i) There shall
be no flaking or deteriorating paint on exterior or interior surfaces in areas
accessible to children.
(im) No
lead-based paint or other toxic finishing material may be used on indoor or
outdoor furnishings and equipment.
(j) Children may not be allowed in an area
where power tools are in use.
(k) 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.
(l) If a hot tub is located in a room or area
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.
(m) Cleaning aids such as mops and brooms
shall be clean. Buckets used with mops shall be emptied and stored in areas
inaccessible to children.
(n)
Garbage containers in the building shall be rigid, covered, watertight, and
emptied daily or more often as needed. Compactors need not be emptied daily.
Garbage and refuse stored out of doors shall be kept in leak-proof containers
equipped with tight-fitting covers and shall be disposed of as necessary to
prevent decomposition or overflow.
(o) Windows and doors that are used for
ventilation shall be screened.
(p)
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, the 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, the 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.
a. In this subdivision, " commercial
building" means a building that is not a residential building and that meets
the definition of a "place of employment" or a "public building" in s. 101.01 (11) or (12), Stats.
b. In this
subdivision, "residential building" means a building that meets the definition
of a "dwelling" in s. 101.61 (1), Stats.
c. The licensee of a center in a commercial
building shall test for radon gas levels every 5 years after the test under
subd. 1. or, if a radon mitigation system was installed, every 5 years after
the test under subd. 4. b. The test shall be conducted following the procedures
specified in subd. 1. a.
d. The
licensee of a center in a residential building shall test for radon gas levels
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 fire, tornado, or flood; extreme heat or cold; loss of
building services, including 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 procedures for all of the
following:
1. Evacuation, relocation,
shelter-in-place, and lock-down.
2.
Ensuring the needs of children under 2 years of age 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) Each
center shall do all of the following:
1. Post
the fire evacuation route and tornado shelter areas.
2. Practice the fire evacuation plan monthly,
and tornado drills monthly from April through October.
3. Ensure that all staff members know what
their duties are if there is an emergency.
4. Keep a written record of dates and times
all fire and tornado drills practiced.
Note: The licensee may use the department's form Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Forms are available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(4) FIRE PROTECTION.
(a) Each fire extinguisher on the premises of
a center shall be operable at all times, inspected once a year by a qualified
person and bear a label indicating its present condition and date of the last
inspection.
(b) All staff members
shall be instructed in and knowledgeable about the use of the fire
extinguishers.
(c) Each floor used
by children shall have at least 2 exits.
(d) Exits and exit passageways shall have a
minimum clear width of 3 feet and be unobstructed by furniture or other
objects.
(e) An extension cord may
not be used permanently with an appliance.
(f) No more than 2 electrical appliances may
be plugged into any one wall outlet.
(g) The door to the basement and furnace room
shall be closed.
(h) Areas under
stairs may not be used for storage.
(i) All exit lights shall be lit at all
times.
(j)
1. Fire detection and prevention systems,
including smoke detectors, heat or flame detectors, pull stations, and
sprinkler systems shall be installed and operated in accordance with ch. SPS
316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code; applicable
local ordinances; and the manufacturer's instructions.
2. All fire detection and prevention systems,
including smoke detectors, heat or flame detectors, pull stations, and
sprinkler systems shall be maintained in operating condition and shall be
immediately repaired or replaced if any unit or part of a unit is found to be
inoperative.
Note: The licensee may use the department's form, Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. 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.
(jm)
1. A
signaling device, such as a smoke, heat, or flame detector, shall be used to
conduct monthly fire evacuation drills.
2. The licensee shall document that the fire
detection and prevention systems are monitored by a fire prevention agency or
that the detectors and alarms have been tested monthly.
Note: The licensee may use the department's form, DCF-F-CFS0543, Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(k) Unwanted gas, oil or kerosene
space heaters are prohibited.
(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 drink ware 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) INDOOR SPACE.
(a) The space used by children shall be no
less than 35 square feet of usable floor space for each child, exclusive of
passageways, kitchens, bathrooms, coat storage areas, offices, storage areas,
isolation quarters, staff room, furnace room, parts of rooms occupied by
stationary equipment, and areas not at all times available to children,
including areas used exclusively for large muscle activity, napping or
eating.
(b) There shall be
additional storage space for cots, bedding, supplies and equipment not in
use.
(9) KITCHENS.
(a)
Equipment and utensils.
1. When meals are prepared or heated on the
premises, the kitchen shall be equipped with a microwave or stove with an oven,
a refrigerator, a sink and utensils that are necessary to prepare and serve
meals. The sink shall be used exclusively for food preparation and
dishwashing.
1m. Centers preparing
or serving only snacks are not required to have a sink unless dishes or
utensils requiring dishwashing are used. Centers preparing or serving only
snacks are not required to have a microwave or stove unless the snacks served
require heating. Refrigerators are required if the center serves milk or other
perishable snacks.
2. All equipment
and utensils shall have smooth, hard surfaces, be easily cleanable, in good
repair, durable, non-toxic and free of cracks, seams, chips and roughened
areas, and shall be maintained in a clean and sanitary condition.
3. Food preparation tables shall be durable,
and surfaces shall be smooth, non-absorbent and easily cleanable.
4. After cleaning, utensils shall be stored
in a clean, dry place and protected from contamination.
5. Single-service utensils shall be
non-toxic, stored in a clean, dry place, kept covered, and may not be
reused.
(b)
Dishwashing procedures.
1.
All kitchen utensils and food contact surfaces used for preparation, storage or
serving of food shall be thoroughly cleaned and sanitized after each
use.
2. All utensils and dishes
shall be scraped, sorted and prewashed under running water.
3. For manual washing of dishes and utensils,
a 3-step procedure shall be used:
a. Wash in
water between 110° and 125°F., using an effective soap or
detergent.
b. Rinse by immersing
dishes and utensils in clean, hot water to remove soap or detergent.
c. Sanitize by using a product that is
registered with the U.S. environmental protection agency as a sanitizer and has
instructions for use as a sanitizer on the label. The sanitizer shall be used
in a manner consistent with the label instructions.
4.
a. If a
center uses a commercial dishwasher to clean dishes and utensils, the
dishwasher shall have a readily visible temperature gauge located in the wash
compartment. If the dishwasher is a spray type or immersion type dishwasher, a
temperature gauge shall also be located in the rinse water line.
b. Wash at 130 degrees Fahrenheit to 150
degrees Fahrenheit for at least 20 seconds, using an effective cleaning agent,
and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more, using
an automatic rinse injector.
c.
When using a spray-type dishwashing machine, the dishes and utensils shall be
washed, rinsed and sanitized in the dishwasher according to the manufacturer's
operating instructions. A chemical sanitizer shall be used in the final
rinse.
5. If the center
uses a home-type dishwasher to clean dishes and utensils, the dishes and
utensils shall be washed and rinsed in the dishwasher and sanitized by using a
product that is registered with the U.S. environmental protection agency as a
sanitizer and has instructions for use as a sanitizer on the label. The
sanitizer shall be used in a manner consistent with the label
instructions.
6. All dishes and
utensils shall be air-dried in racks or baskets or on drain boards.
(c)
Food sources.
1. Food shall be clean, wholesome, free from
spoilage, free from adulteration or misbranding and safe for human consumption.
Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from
an inspected source.
2. Only milk
and milk products which are pasteurized and meet the Grade A milk standards of
the Wisconsin department of agriculture, trade, and consumer protection may be
served or used.
3m. Meals shall be
prepared on the premises, in a central kitchen operated by the child care
center or in another location that has been inspected by a representative of a
state agency.
Note: Chapter ATCP 75, subch. III, addresses restaurants and other public eating establishments. Chapter ATCP 75, subch. II, addresses retail food establishments.
4. Food in dented, bulging or leaking cans,
or cans without labels, may not be used.
5. Hermetically sealed, non-acid or low-acid
food which has been processed in a place other than a commercial food
processing establishment may not be used.
(d)
Food storage.
1. Foods shall be stored at temperatures
which protect against spoilage. The following measures shall be taken to
prevent spoilage:
a. Perishable and
potentially hazardous food which includes all custard-filled and cream-filled
pastries, milk and milk products, meat, fish, shellfish, gravy, poultry
stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or
milk products, and any other food or food product likely to spoil quickly if
not kept at the proper temperature shall be continuously maintained at
40°F. or below or 140° F. or above, as appropriate, except during
necessary periods of preparation and service.
b. Each refrigeration unit shall be
maintained at 40°F. or lower and each freezing unit shall be maintained at
0° F. or lower.
c. Each cold
storage facility shall be equipped with a clearly visible accurate
thermometer.
d. Food shall be
covered while refrigerated, except when being cooled.
2. Foods not requiring refrigeration shall be
stored in clean, dry, ventilated and lighted storerooms or areas which shall be
protected from contamination by sewage, wastewater backflow, condensation,
leakage or vermin. In addition:
a. Dry foods,
such as flour, sugar, cereals and beans shall be stored in bags with zip-type
closures or metal, glass or food-grade plastic containers with tight-fitting
covers and shall be labeled. In this paragraph, "food grade plastic" means any
plastic material used in the manufacture of dishes or utensils which has been
found not harmful to human health by the national sanitation
foundation.
b. Foods stored in the
basement shall be stored at least 8 inches above the floor, and food stored in
other areas shall be stored high enough above the floor to provide for air
circulation and to facilitate cleaning.
(f)
Food handling.
1. Raw fruits and vegetables shall be washed
before being served or cooked.
2.
Food returned from individual plates or from dining tables shall be
discarded.
3. 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.
4. Food delivery vehicles shall be equipped
with clean containers or cabinets to store food while in transit. Containers
for cold food shall be capable of maintaining the temperature at or below
40°F. and containers for hot food shall be capable of maintaining the
temperature at or above 140°F.
5. Potentially hazardous frozen foods shall
be thawed in the refrigerator, under cold running water or on the defrost
setting in a microwave oven. No potentially hazardous frozen food may be thawed
by leaving it at room temperature.
(g)
Meal preparation
personnel.
1. Personnel who help
prepare meals shall:
b. Wear clean clothing
and effective hair restraints such as hair nets or caps.
c. Wash their hands with soap and warm
running water before starting work, before and after handling food, and after
using the toilet. Hands shall be dried with single use towels.
2. No one with an open or infected
wound or sore may work in the food preparation area unless the wound or sore is
covered and, if it is on a hand, a nonporous glove is worn on that
hand.
(10) WASHROOM AND TOILET FACILITIES.
(a) A group
child care center shall provide at least the number of washbasins and toilets
with plumbing indicated in Table 251.06. Urinals may be substituted for up to
1/3 of the total required toilets.
|
TABLE 251.06 |
||
|
Minimum Number of Washbasins and Toilets Required in Group Child Care Centers |
||
|
Maximum Number of Children for Which the Center is Licensed |
Number of Toilets |
Number of Washbasins |
|
9 or 10 |
1 |
1 |
|
11 to 25 |
2 |
1 |
|
26 to 40 |
3 |
2 |
|
41 to 55 |
4 |
2 |
|
56 to 70 |
5 |
3 |
(b)
When a center is licensed for more than 70 children, one additional toilet
shall be provided for each additional 15 children or fraction thereof and
washbasins shall be provided in the ratio of one for every 2 additional toilets
and urinals or fraction thereof.
(c) Children under the age of 30 months need
not be included when determining the required fixtures under par. (a). However,
in all cases, at least one toilet and one washbasin shall be
provided.
(d) If potty chairs are
used for children under 30 months of age, the potty chairs shall be provided in
a ratio of one for every 4 children or fraction thereof.
(dm)
1.
Toilet rooms and fixtures shall be in a sanitary condition at all
times.
2. Potty chair receptacles
shall be emptied and rinsed after use and the potty chair and receptacle shall
be disinfected immediately using a product registered with the U.S.
environmental protection agency as a disinfectant that has instructions for use
as a disinfectant on the label. The disinfectant shall be used according to
label instructions.
(e)
Steps or blocks shall be provided if the washbasins and toilets are not
proportioned to the size of the children.
(f) Soap, toilet paper, disposable paper
towels or blower-type air dryers and a wastepaper container shall be provided
and accessible to children using the facilities.
(g) Toilet room door locks shall be openable
from the outside and the opening device shall be readily accessible to the
staff.
(h) The hot water
temperature may not exceed 120 degrees Fahrenheit for sinks, showers, or
bathtubs used by or accessible to children in care.
(11) OUTDOOR PLAY SPACE.
(a)
Requirement for outdoor play
space. A center shall have outdoor play space if children are present
for more than 3 hours per day or if outdoor play is included in the center
program.
(b)
Required
features of outdoor play space. Except when an exemption is requested
and is 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 2 years
of age or older using the space at a given time.
3. There shall be at least 35 square feet of
outdoor play space for each child under 2 years of age using the space at a
given time except as provided in subd. 4.
4. The total outdoor play space of a center
shall accommodate not less than 1/3 of the number of children for which the
center is licensed or shall be a minimum of 750 square feet, whichever is
greater. The number of children under one year of age need not be included for
purposes of computing the minimum required outdoor play space if the center
provides spaces in wheeled vehicles such as strollers and wagons equal to the
number of children under one year of age.
5. An energy-absorbing surface, such as loose
sand, pea gravel, or pine or bark mulch, in a depth of at least 9 inches is
required under climbing equipment, swings, and slides whenever the play
equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the
equipment. Shredded rubber and poured surfacing shall be installed to the
manufacturer's specifications based on the height of the equipment.
6. Structures such as playground equipment,
railings, decks, and porches accessible to children that have been constructed
with CCA treated lumber shall be sealed with an exterior oil based sealant or
stain at least every 2 years.
6m.
Wood containing creosote or pentachlorophenol (PCP), including railroad ties,
may not be accessible to children.
7. The boundaries of the outdoor play space
shall be defined by a permanent enclosure not less than 4 feet high to protect
the children. 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.
8. Concrete and
asphalt are prohibited under climbing equipment, swings and slides.
Note: The Consumer Products Safety Commission
has a publication entitled Handbook for Public Playground Safety, Pub. No. 325
which provides information on playground safety guidelines designed to help
child care centers build safe playgrounds. To obtain copies of this publication
and a related public playground safety checklist, contact the Consumer Products
Safety Commission at
(bm)
Equipment. Outdoor
equipment shall be safe and durable. The outdoor equipment shall be all of the
following:
1. Used in accordance with all
manufacturer's instructions and any manufacturer's recommendations that may
affect the safety of children in care.
2. Scaled to the developmental level, size,
and ability of the children.
3. Of
sturdy construction with no sharp, rough, loose, protruding, pinching, or
pointed edges, or areas of entrapment, in good operating condition, and
anchored when necessary.
4. Placed
to avoid danger of injury or collision and to permit freedom of
action.
(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.
1m. 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 par. (b) for a center's
outdoor play space.
2. A request
for an exemption under subd. 1m. shall be in writing and shall be accompanied
by a plan for outdoor play space which 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 251.055.
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. 3. to 6.
Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.
3.
The off-premises outdoor play space shall be free of hazards such as bodies of
water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas
and nearby highways and main thoroughfares.
4. There shall be at least 75 square feet of
outdoor play space for each child 2 years of age or older using the space at a
given time, and at least 35 square feet of outdoor play space for each child
under 2 years of age using the space at a given time.
5. No climbing equipment, swing or slide in
the play space may have concrete or asphalt under it.
6. 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.
7. 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 of
par. (b), the department shall either approve the plan and grant the exemption
or not approve the plan and therefore 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.
8. 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 or is no longer 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)
1.
Aboveground and in-ground swimming pools on the premises may not be used by
children in care.
2. Swimming pools
shall be enclosed by a 4-foot fence with a self-closing, self-latching door.
Spaces between the vertical posts of the fence shall be 4 inches or
less.
3. If access to the pool is
through a gate, the gate shall be closed and visibly locked during the licensed
hours of the center.
4. 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.
5. Locks shall be located so that the locks
cannot be opened by children.
6.
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.
7. 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.
(am) A beach on the premises may not be used
by children in care. Access to a beach shall be controlled so that children may
not enter the area.
(b) A wading
pool on the premises may be used if the water is changed and the pool is
disinfected daily. Supervision and staff-to-child ratio requirements under s.
DCF 251.055 (1) and (2) shall be met.
(c) A wading pool, pool, water attraction or
beach that is not located on the center premises may be used by children, if
all the following conditions are met:
1. The
construction and operation of the pool shall meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools. A beach shall comply with any
applicable local ordinance.
2.
Certified lifesaving personnel shall be on duty.
3. While children are in the water of a pool,
wading pool, water attraction or beach, staff-to-child ratios for child care
workers who can swim shall be:
a. For children
under 3 years of age: 1:1.
b. For
children 3 years of age: 1:4.
c.
For children 4 and 5 years of age: 1:6.
d. For children 6 years of age and older:
1:12.
4. When a mixed
age group of children are swimming, the staff-to-child ratio shall be adjusted
based on 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. Requests may be made to the licensing representative or regional licensing office listed 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 child care workers supervising
the children. One child care worker shall supervise the children who are in the
water, and the other child care worker shall supervise 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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