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that this change will reflect the intent of the previous wording of § 123.6 and further clarify the requirement.

Indoor Environment Two commenters sought clarification regarding the required temperature settings set forth in § 124.2. One commenter specifically asked why the State Superintendent did not just require a facility maintain a temperature between sixty-eight (68°F) degrees to eighty-two (82°F) degrees year round. This requirement is not a new requirement and was previously required in the 29 DCMR § 340.3. In addition, the temperature requirements in the final rulemaking align with the recommended temperatures in Caring for Our Children, based on the standards of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), which takes both comfort and health into consideration.

Section 124.7 requires individuals remove or cover shoes prior to entering an infant play area. These individuals, as well as the infants playing in that area, may wear shoes, shoe covers, or socks that are used only in the play area for that group of infants. One commenter questioned whether OSSE, by setting this requirement, exceeded its regulatory authority. The commenter further asked whether OSSE would provide funding to facilities to comply with this requirement. Mandating that individuals either remove their shoes or place covers over their shoes is within OSSE’s authority to regulate licensed child development facilities as this requirement ensures the health and safety of infants by protecting them from hazardous toxins. When infants play, they touch the surfaces on which they play with their hands, and then put their hands in their mouths. As noted in Caring for Our Children, facilities can meet this requirement in several ways – designating contained play surfaces for infant play on which no one walks with shoes, wearing shoes or slippers that are worn only to walk in infant play area, or wearing clean cloth or disposable shoe covers over shoes that have been used to walk outside the infant play area.

Outdoor Environment Section 125.10 requires a facility to inspect the outdoor play area daily. One stakeholder commented that this requirement was unnecessary and unrealistic and requested this requirement be removed. OSSE considered these comments, however OSSE has elected not to incorporate the commenter’s suggested amendment. First, the requirement for daily inspections of the outdoor play area is not a new requirement, as it was previously required in 29 DCMR 367.5. Furthermore, OSSE included this requirement because daily inspections of the outdoor play area are critical to ensuring children’s safety, preventing deterioration of equipment and accumulation of hazardous materials within the play site, and noticing wear and tear that requires maintenance.

Equipment, Materials and Furnishings Section 126.8 sets forth requirements for materials that are provided to children. One commenter recommended we strike “large and small muscle development” in § 126.8(f) and insert the phrase “fine and gross motor skills” in its place to align with the Head Start standards. The State Superintendent agreed with this recommendation and amended § 126.8(f) accordingly in the final rulemaking.

Section 126.15 provides three (3) requirements for each cot or crib in a facility. Three (3) comments were received on the requirement that each crib or cot is placed at least two (2) feet