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apart from any other crib or cot, windows, and any radiators. One commenter specifically noted that it is not possible to meet two feet of separation from all sides in all instances. However, 126.15 only requires two feet of separation from all sides from other cribs or cots, windows and radiators when the crib or cot is in use. It further does not prohibit cribs being placed against a barrier, so long as the barrier itself is not another crib, cot, window or radiator. A space of two feet between cribs or cots will provide access by the staff to a child in case of emergency.

Sections 126.11 and 126.22 describe requirements for riding wheeled equipment. Two comments were received on this matter. During the ANPR, the State Superintendent received a number of comments as to what age was appropriate for children to begin riding bicycles and whether or not helmets should be required. The State Superintendent addressed the concerns raised in the ANPR and aligned the language with the guidance provided in Caring for Our Children. For example, one commenter noted that the requirement that children riding wheeled equipment must wear helmets is too expensive and burdensome. However, § 126.22 does not mandate that the Facility provide the helmets to the children, parents may bring the children’s helmets. The requirement is that, if children are riding, then children must wear helmets. Helmets could be provided by the school, parents, or donated. One of the main purposes of the final rulemaking is to ensure the safety of children while in care of child development facilities. Allowing children in licensed facilities to ride wheeled equipment without protective head gear goes against the purpose of this rulemaking and the State Superintendent has therefore retained the requirements in § 126.22 and § 126.11 as set forth in the proposed rulemaking.

E. Administration and Operation

Sections 127 to 131 set forth the requirements for the administration and operation of a child development facility. The State Superintendent received a number of comments in these sections, which are addressed below.

Parent Communication Section 127.4 describes the policies and procedures a facility must implement and provide to parent(s) and guardian(s). The State Superintendent received one comment in this section. The comment sought clarification as to whether sleep sacks are acceptable “appropriate sleep clothing” that Facilities may communicate to parents. Caring for Our Children provides that clothing sacks or other clothing designed for sleep may be used in lieu of blankets.

Reporting Unusual Incidents Section 128 provides that a licensee is required to notify the State Superintendent if any unusual incident occurs. One commenter sought clarification of the State Superintendent’s intent of the language “at the Facility” in § 128.3(h). Specifically, commenter asked whether the State Superintendent intended to limit this requirement to the immediate vicinity of the Facility, or if the State Superintendent intended to include incidents immediately outside of the Facility, as well. OSSE expects to be informed when any unusual incident occurs that impacts the health and safety of children and staff, whether directly on Facility premises or nearby. Section 128.1 clearly provides that the basis for notification is whether the health, safety, or welfare of any enrolled child or children is affected, not where the incident occurs. Section 128.3 provides a list of potential unusual incidents to provide facilities with context for OSSE’s expectations.