6 Colo. Code Regs. § 1010-7.14

Current through Register Vol. 47, No. 24, December 25, 2024

Section 6 CCR 1010-7.14 - Toxic Materials Management

7.14.1Insect and Rodent Control

A. Pests shall be managed with integrated strategies for long-term pest suppression, using the most cost-effective means with the least possible hazard to people, property, and the environment.

B. The use of poisonous compounds to control weeds, rodents, insects, and other pests shall be implemented only after other means have been used for control, such as the elimination of harborages, removing access to food, and sealing of points of entry. These compounds shall be used according to labeled instructions.

C. All food, food utensils, and equipment, bedding, toys, sleeping mats and other equipment, materials and items that will come into contact with food or children shall be protected during the time pesticide application is conducted. Pesticides shall be applied in a manner as to prevent skin contact and other exposure to children or staff. Application of pesticides shall not be conducted when children are present.

D. Only approved, U.S. Environmental Protection Agency registered insecticides, rodenticides, and herbicides may be used. Application must strictly follow all label instructions and must be authorized by the director. Rodenticides shall be dispensed in tamper proof boxes, shall have a distinctive color so as not to be mistaken for food, and shall be in cake or pellet form.

E. Restricted pesticides shall be applied only by a certified pest control applicator or under the direct supervision of a certified pest control applicator.

7.14.2Poisonous or Toxic Materials

A. There shall be present in child care facilities only those poisonous or toxic materials necessary for general maintenance of the building, grounds, and equipment. These compounds shall be used according to labeled instructions.

B. Pre-school age children shall be appropriately supervised around any poisonous plants either in the child care facility or outdoor areas. Toxic plants are prohibited in areas designated for infants and toddlers.

C. Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents. Poisonous or toxic materials shall not be transferred into food or drink containers.

D. Poisonous or toxic materials shall not be stored or used in a way that could contaminate food, food utensils and equipment, bedding, sleeping mats, toys and other equipment, materials and items that will come into contact with food or children.

1. Cleaning materials, sanitizers, disinfectants, detergents, flammable and other toxics shall be properly labeled, and stored inaccessible to children.

E. Sanitizers, disinfectants, or other cleaning compounds intended for use on food contact surfaces, toys and body contact surfaces shall be used in a way that does not leave a toxic residue on such surfaces.

F. Prior to beginning any renovation or demolition activity of a child care facility, all requirements pursuant to 5 CCR 1001-10, Colorado Air Quality Control Commission, Regulation Number 8 Part B, including inspection for asbestos containing materials by a Colorado certified asbestos building inspector and notification, must be met.

G. For child care facilities built before 1978, all painted surfaces of building components shall be considered lead-based paint unless a lead-based paint determination deems otherwise.

1. Sections 7.14.2 does not apply if a lead-based paint determination shows that all painted surfaces of building components which will be disturbed during the renovation activities are not considered lead-based paint. A lead-based paint determination must be made either by a certified inspector or risk assessor pursuant to 5 CCR 1001-23, Colorado Air Quality Control Commission, Regulation Number 19 Part A, or by a certified renovator pursuant to the U.S. Environmental Protection Agency Lead Renovation, Repair and Painting Program regulations found at 40 CFR Part 745 , Subpart E. The results of these determinations shall be on file at each child care facility and available for review.

2. Renovation activities that will disturb painted surfaces either deemed to contain lead or not tested in child care facilities built before 1978 (including certain repairs and maintenance, and painting preparation activities) shall be conducted pursuant to the U.S. Environmental Protection Agency Lead Renovation, Repair and Painting Program regulations found at 40 CFR Part 745 , Subpart E.

H. By May 1, 2017, radon testing shall be conducted in existing facilities as required by this section pursuant to Department guidance and the procedures described in the American Association of Radon Scientists and Technologists (AARST) Protocol for Conducting Radon and Radon Decay Product Measurements In Schools and Large Buildings, 2014, hereby incorporated by reference.

1. New child care facilities opening after the effective date of these rules and regulations shall complete radon tests within six months of occupancy. Child care facilities remodeled after the effective date of these rules and regulations shall notify the Department of such remodeling in order that the Department may assess the need for any additional radon testing.

2. The results of these tests shall be on file at each facility and available for review.

3. This section shall not apply to non building based programs such as mobile school age child care programs.

I. The use of urea formaldehyde foam insulation is prohibited.

7.14.3Art and Science Materials

A. Art and science materials shall be used in a way so as not to constitute a hazard to the children or staff. Children using potentially toxic materials shall be directly supervised by staff. (For example, shaving cream can be hazardous to asthmatic children.) Nontoxic, water-based materials should be used whenever possible.

B. The use or storage of concentrated or strong acids and bases; carcinogenic materials; toxic organic solvents; materials that produce toxic dusts, and materials with heavy metals such as lead, mercury, or cadmium are prohibited.

C. Bulk art and science materials shall be stored in original containers, clearly labeled, and stored in accordance with manufacturer's instructions. All art and science materials transferred into a secondary storage container must be clearly labeled.

D. If food items are used as art and science materials they shall be labeled for the intended use (e.g., "not for consumption" or equivalent language).

6 CCR 1010-7.14

38 CR 24, December 25, 2015, effective 1/14/2016