Building and Physical Premises Safety

(b) Programs shall maintain the child care environment and ensure the indoor space is:

(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked, or crimped cords, or unprotected outlets;

(2) Free from fire hazards;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;

(4) Free from guns, weapons, or live or spent ammunition which are not in locked storage;

(5) Free from accessible knives and sharp objects unless the object is being used under the direct supervision of a staff member;

(6) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;

(7) Free from accessible loose and flaking paint;

(8) Well-lit to allow for the supervision of children and for child care staff and children to move about safely;

(9) Free from damp conditions which result in visible mold, mildew, or a musty odor;

(10) Free from poisonous plants;

(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct staff supervision only ; and

(12) Free from accessible items labeled “keep of out of reach of children” unless the item is non-toxic and being used under the direct supervision of a staff member.

(c) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building. Windows and glass doors shall be constructed, adapted, or adjusted via the use of window guards or other means to prevent injury to children.

(d) Stairways with more than 3 steps shall be equipped with handrails.

(e) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.

(f) Programs shall ensure that all indoor areas used by children:

(1) Have a safe, functioning heating system;

(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and

(3) Have working smoke detectors on each level.

(g) Portable electric space heaters shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and

(3) Be installed and operated in accordance with the manufacturer’s specifications.

(h) Outside areas which are accessible to children shall be free from hazards including, but not limited to:

(1) Unprotected pools, wells, or other bodies of water;

(2) Lawn and farm machinery;

(3) Trash, litter, or debris;

(4) Animal feces; and

(5) Any other dangerous items or substances.

(i) Fencing shall enclose all play areas if the department determines the play area is unsafe because it is located adjacent to:

(1) A street or road;

(2) A swimming pool or other body of water, including a river, pond, or stream;

(3) An active railroad track or crossing;

(4) Sharp inclines or embankments; or

(5) Any other dangerous area.

(j) All fencing required by the department or otherwise intended to limit children’s access to a defined area shall:

(1) Have no gaps greater than 4 inches and be designed to restrain children from climbing out of, over, under, or through the fence; and

(2) Either:

a. Be equipped with a child proof self-latching device on any gates leading to an entrance or egress; or

b. Be equipped with a child proof lock if the area is determined to be hazardous to children as determined by the licensing coordinator during the monitoring visit as described in He-C 6916.16.

(k) In outside areas, stationary play equipment accessible to children shall not be over hard surfaces such as cement or asphalt.

(l) All swimming pools and wading pools shall be inaccessible to children except during supervised activities.

(m) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

(n) Programs shall have a safe supply of water under pressure available for drinking and program use.

(o) Programs shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system.

(p) During all hours of operation there shall be functional sewage disposal facilities.

(q) Smoking shall not be permitted inside the building at any time.

(r) Staff who smoke on their breaks shall:

(1) Not smoke in view of children;

(2) Wash their hands prior to returning to work; and

(3) Change into fresh clothing, or remove smoke-contaminated outerwear prior to returning to work to reduce exposure to third-hand smoke.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23