Current through Register Vol. 43, No. 02, November 27, 2024
Section 660-5-37-.05 - Physical Facilities(1) Construction and Design. Buildings shall be built, remodeled, or acquired with consideration of the service and program to be offered and children to be accepted. Specifically designated areas shall be provided for sleeping, bathing, dining, informal living and office. The building shall be accessible to persons with disabilities in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) or Uniform Federal Accessibility Standards (UFAS)(2) Zoning Approval. Prior to being issued a license, six-month permit, or approval, the applicant for the facility shall submit to the Department a written statement of compliance with applicable zoning requirements.(3) Fire Inspection. Prior to being issued an initial or renewal license, six-month permit, or approval, the applicant for the facility shall submit to the Department a written fire inspection report with no violations cited. Subsequent inspections may be requested by the licensee, member of the Board of Directors or by the Department of Human Resources. Copies of such inspection reports shall be submitted to the Department.(4) Health Inspection. Prior to being issued a license, six-month permit, or approval, the applicant for the facility shall submit to the Department a written Health Department inspection report. If food is prepared at the facility, a copy of a current Health Department food permit shall be submitted to the Department. If food is not prepared at the facility, but is served by the facility, the applicant shall obtain written approval from the Health Department of the food service plan, when available, and submit a copy of this approval to the Department. Subsequent inspections may be requested by the licensee, member of the Board of Directors or by the Department of Human Resources. Copies of such inspection reports shall be submitted to the Department.(5) Grounds and Furnishings. Attractive, well kept grounds with sufficient outside play space shall be provided. Play space and equipment shall be safe, functional, and available for the recreational program involving all children in the child care facility. All buildings shall be equipped with furnishings that are sufficient to sustain the basic function of the building, adequate in condition, attractiveness and durability, and appropriate to the age and size of the children who will be using the building. (a) All Child Care Facility on-site swimming pools shall be completely enclosed by a barrier on all four sides of at least four feet in height. The barrier may consist of a house plus a fence on the remaining three sides or a four-sided fence. Openings in the fence shall not permit the passage of a 4-inch diameter sphere. All access through the barriers must have one of the following safety features: key lock, self-locking doors or a bolt lock. When the fenced-in pool area is not in use, all entry points must be locked. When the above ground pool is not in use, steps or ladders leading to it must be removed. The fenced-in pool area cannot be used as a play area for children.(b) When children are using the fenced-in pool area, apply the following: 1. Non-swimmers shall not be allowed in the pool without a life jacket or approved flotation device, unless the non swimmer is participating in a supervised swim lesson. Direct supervision by a person certified in Basic Water Safety shall be required at all times when children are using swimming pools and in the fenced-in area.
(c) A certificate or other documentation of successful completion of a basic water safety course is required for the facility staff if the facility has a pool or is located on a site adjacent to bodies of water. This certification or other documentation of successful completion of basic water safety instruction is required before children are allowed to use the pool.(d) Swimming pools must be equipped with a ring buoy, rescue tube, or other appropriate flotation device with an attached rope of sufficient length to cover the pool. The facility must develop rules governing pool use. Rules must be posted and reviewed with each child.(e) Basic pool safety rules should include the following:1. Running or boisterous play is not allowed in the fenced-in pool area.2. Glass articles, sharp metal objects and other hazardous objects are not allowed in the fenced-in-area.3. No jumping or diving from the slide is allowed; slide feet first and only after previous sliders have cleared the area.4. Only one (1) person at a time will be allowed on the diving board; diving will not be allowed until the previous diver is out of the diving area.(f) Safety precautions must include depth markers, life lines, and ladders or steps in the deep and shallow ends.(g) Chemicals when not in use are to be stored in locked areas.(6) Living Unit Accommodations. (a) Living units shall accommodate groups not to exceed 10 children per living unit, but with a maximum of two living units in a single building.(b) Two children per bedroom are recommended, but there shall not be more than 3 children per bedroom. There shall be no more than one child per bed. All bedrooms and living units shall be as near the ground floor as possible, and in no case shall they be located above the second floor. In living units, bedrooms shall have a minimum of 8 foot ceilings, with a minimum of 70 square feet of floor space, in addition to closet space, per child. Bedrooms shall have windows. The bedroom windows shall be standard window size. Bedrooms shall be comfortable and attractive, assuring the maximum amount of privacy. There shall be a single, sturdy, comfortable bed with good mattress. with a good mattress and springs and appropriate Appropriate linens and covers shall be provided for each child. Sufficient space for clothing and personal belongings shall be provided for each child.(c) There shall be at least one tub and/or shower, one toilet and one lavatory with hot and cold water for each five children. Where there is more than one of these in a particular area, each shall be located in a separate compartment. All bath and toilet facilities shall be well lighted and well ventilated and heated. All bathrooms required to be accessible must meet all accessibility requirements in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) or Uniform Federal Accessibility Standards (UFAS).(7) Ventilation, Heating, Cooling, Lighting and Telephones. Adequate ventilation shall be provided in all areas of the facility. Screens shall be provided for all windows unless the building is totally air-conditioned. Adequate heating and cooling shall be provided in the living and sleeping areas of all buildings. A telephone shall be provided in every living unit, cottage and administrative building.(8) Isolation and First Aid Supplies. (a) Any person suffering from a communicable disease in the infectious stage shall, upon medical advice, be excluded from other members of the facility who have not been infected, or excluded from employment, if a member of the child care staff.(b) First Aid supplies for minor cuts and abrasions shall be available in each building.(9) Medicines, Drugs, Firearms. (a) Dangerous equipment and harmful substances unnecessary for the operation of the facility should not be kept on the premises. All necessary but dangerous equipment, toxic substances, and medications shall be kept out of the reach of the residents. All medicine, drugs, and hazardous chemicals shall be kept in locked cabinets, inaccessible to the children, and removed from the premises when no longer being used. Medicine and drugs shall be stored separately from hazardous chemicals.(b) All firearms and ammunition shall be kept in locked cabinets and shall be inaccessible to the children.(c) The grounds shall be free from anything that constitutes a danger or hazard, such as: abandoned automobiles, household appliances and uncovered wells and cisterns; stacked lumber with exposed nails; explosives; and dangerous or unvaccinated animals.(10) Child Care Staff Quarters. Living quarters for a live-in staff member shall be located in close proximity to the sleeping area of the children. In a two story building, or in a split-level building, staff sleeping quarters shall be located no more than one level removed from the sleeping quarters of the children. Staff shall have bathroom facilities separate from the ones used by the children. The bathroom facilities must meet all accessibility requirements in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) or Uniform Federal Accessibility Standards (UFAS). One common, accessible bathroom may be used by staff and children with physical disabilities.(11) Safety Plan. The facility shall develop a fire evacuation plan and a plan that will be implemented in the threat of a natural disaster (such as a tornado warning). Routine drills to practice the plans will be conducted. Each child shall be advised of the plan upon entering care. Author: Linda S. Stephens
Ala. Admin. Code r. 660-5-37-.05
Repealed and New Rule: Filed November 15, 1999; effective December 20, 1999; operative March 1, 2000.Statutory Authority:Code of Ala. 1975, §§ 38-7-1 through -17, §§ 1-22-1 through -27.