Section 101239 - Fixtures, Furniture, Equipment and Supplies(a) A comfortable temperature for children shall be maintained at all times. (1) The licensee shall maintain the temperature in rooms that children occupy between a minimum of 68 degrees F (20 degrees C) and a maximum of 85 degrees F (30 degrees C). (A) In areas of extreme heat the maximum shall be 20 degrees F (11.1 degrees C) less than the outside temperature.(b) All window screens shall be in good repair and free of insects, dirt and debris.(c) Fireplaces and open-faced heaters shall be made inaccessible to children to ensure children's safety.(d) The licensee shall provide lamps or lights as necessary in all rooms and other areas to ensure the comfort and safety of all persons in the child care center.(e) Faucets used by children for personal care shall deliver hot water.(1) Hot water temperature controls shall be maintained to automatically regulate temperature of hot water delivered to plumbing fixtures used by children to attain a hot water temperature of not less than 105 degrees F (40.5 degrees C) and not more than 120 degrees F (48.8 degrees C).(2) Taps delivering water at 125 degrees F (51.6 degrees C) or above shall be prominently identified by warning signs.(3) Notwithstanding (e) and (e)(1) above, handwashing fixtures shall not be required to deliver hot water.(4) All toilets, handwashing and bathing facilities shall be maintained in safe and sanitary operating condition. Additional equipment, aids and/or conveniences shall be provided as needed in centers that serve children with physical disabilities.(f) Solid waste shall be stored, located and disposed of in a manner that will not transmit communicable diseases or odors, create a nuisance, or provide a breeding place or food source for insects or rodents. (1) All containers used for storage of solid wastes, including moveable bins, shall have a tightfitting cover that is kept on; shall be in good repair; and shall be leakproof and rodent-proof.(2) Solid-waste containers that hold decaying waste, including moveable bins, shall be emptied at least once per week, or more often if necessary to comply with (f) above.(3) Each movable bin shall provide for suitable access and a drainage device to allow complete cleaning at the storage area.(g) The licensee shall provide linens of various kinds as necessary to meet the program of services offered by the center and the requirements specified in this chapter.(h) Based on the total licensed capacity, one toilet and one handwashing fixture shall be maintained for every 15 children or fraction thereof.(1) Urinals may be used to meet the requirements of this section provided they are low enough for children to reach them, or broad-based platforms or anchored steps are provided to enable children to reach them. (A) There shall be at least two toilets for each urinal counted.(B) Centers with toilet-urinal ratios approved prior to December 31, 1983, are not required to meet the ratio in (h)(1)(A) above.(i) There shall be one toilet and one handwashing fixture, separate from and in addition to the number of toilets and handwashing fixtures required in (h) above, designated for use by children who are ill, for use by staff, and for emergency use. This toilet and handwashing fixture shall be conveniently located in relation to the isolation area. (1) Child care centers licensed prior to December 31, 1983, and operating continuously since then, are not required to make modifications to meet the requirement in (i) above.(j) Common towels or washcloths are prohibited.(k) Tables and chairs shall be provided to meet the needs of the children. (1) Tables and chairs shall be scaled to the size of the children.(l) There shall be a cot, couch or bed for each ill child as specified in Section 101226.2.(m) All play equipment and materials used by children shall be age-appropriate.(1) The licensee shall provide a variety of age-appropriate equipment, toys and materials in good condition and in sufficient quantity to allow children present to fully participate in planned activities.(n) Furniture and equipment shall be maintained in good condition, free of sharp, loose or pointed parts. (1) A baby walker shall not be allowed on the premises of a child care center in accordance with Health and Safety Code Sections 1596.846(b) and (c).(o) Playground equipment shall be securely anchored to the ground unless it is portable by design. (1) Equipment shall be maintained in a safe condition, free of sharp, loose or pointed parts.(p) Furniture and equipment, including cots and mats used for napping, shall be arranged so that no exit is blocked.(q) All materials and surfaces accessible to children, including toys, shall be free of toxic substances.(r) Fixtures, furniture, and equipment that have been banned or recalled by the United States Consumer Product Safety Commission shall not be used or on the facility's premises.Cal. Code Regs. Tit. 22, § 101239
1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of section and NOTE filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Editorial correction reinstating inadvertently omitted subsection (h)(1)(A) (Register 2002, No. 39).
4. New subsection (r) filed 8-19-2020; operative 8-19-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34). Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81, 1596.846 and 1597.05, Health and Safety Code.
1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of section and Note filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Editorial correction reinstating inadvertently omitted subsection (h)(1)(A) (Register 2002, No. 39).
4. New subsection (r) filed 8-19-2020; operative 8/19/2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).