6 Colo. Code Regs. § 1010-7.4

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

Section 6 CCR 1010-7.4 - Definitions

A. The following definitions shall apply in the interpretations and the enforcement of these regulations unless the context clearly states otherwise:

1.Advanced Food Preparation means cooking or assembling of potentially hazardous food either in its finished state or partially finished state, more than four hours in advance of serving. This practice requires temperature control to limit the growth of pathogenic organisms.

2.Approved means acceptable to the Colorado Department of Public Health and Environment or its authorized agents or employees based upon determination of conformance with these and other appropriate standards and good public health practice.

3.Bacteria means organisms with a cell wall that can survive inside and outside of the body.

4.Body fluids shall include urine, feces, saliva, blood, nasal discharge, eye discharge and injury or tissue discharge.

5.Certificate of Immunization means an official Colorado Certificate of Immunization or an Alternate Certificate of Immunization that has been approved by the Colorado Department of Public Health and Environment and shall include one of the following forms of documentation that include the dates and type of immunizations administered to a child or the dates and types of exemption taken:

a. A paper document that includes information transferred from the records of a licensed physician, registered nurse, or public health official; or,

b. An electronic file or hard copy of an electronic file provided to the facility directly from the Colorado Department of Public Health and Environment immunization registry or from a software program approved by the Colorado Department of Public Health and Environment.

6.Child Care Facility means, for the purposes of this regulation, any facility defined as such in Sections 26-6-102 (1.5), 2.2(a), (2.5)(a), (5), (5.1), (6.7), (8), (9), (10)(a), C.R.S., and,

a. "Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. This term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give 24-hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades or operated as a component of a school district's preschool program operated pursuant to article 28 of title 22, C.R.S. The term shall not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three or more children pursuant to subsection (i) of this section, but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who are diagnosed with a serious emotional disturbance.

b. "Children's resident camp" means a facility operating for three or more consecutive 24-hour days during one or more seasons of the year for the care of five or more children. The facility shall have as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises.

c. "Day treatment center" means a facility that provides less than 24-hour care for groups of five or more children who are:

(1) Five years of age or older, but less than 18 years of age; or,

(2) Less than 21 years of age and who are placed in the program by court order prior to their 18th birthday; and,

(3) Provides a structured program of various types of psycho-social and behavioral treatment to prevent or reduce the need for placement of the child out of the home or community.

d. "Guest child care facility" means a facility operated by a ski area, as that term is defined in Section 33-44-103(6), C.R.S., where children are cared for:

(1) While parents or persons in charge of such child are patronizing the ski area;

(2) Fewer than 10 total hours per day;

(3) Fewer than 10 consecutive days per year; and,

(4) Fewer than 45 days in a calendar year, with 30 or fewer of such 45 days occurring in either the winter or summer months.

e. "Homeless youth shelter" means a facility that, in addition to other services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least 11 years of age, or older, and who otherwise are homeless youth as that term is defined in Section 26-5.7-102(2), C.R.S.

f. "Public services short-term child care facility" means a facility that is operated by or for a county department of social services or a court and that provides care for a child:

(1) While the child's parent or the person in charge of the child is conducting business with the county department of social services or participating in court proceedings;

(2) Fewer than 10 total hours per day;

(3) Fewer than 15 consecutive days per year; and,

(4) Fewer than 45 days in a calendar year.

g. "Residential child care facility" means a facility licensed by the Colorado Department of Human Services to provide 24-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. Residential child care facility includes community-based residential child care facilities, shelter facilities, and therapeutic residential child care facilities as defined in rule by the state board, and psychiatric residential treatment facilities as defined in Section 25.5-4-103 (19.5), C.R.S.

h. "Secure residential treatment center" means a facility operated under private ownership that is licensed by the Colorado Department of Human Services to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of 21 years over whom the juvenile court retains jurisdiction pursuant to Section 19-2-104(6), C.R.S., who are committed by a court pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility.

i. "Specialized group facility" means a facility sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing 24-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group and who are:

(1) At least three years of age or older but less than 18 years of age; or,

(2) Less than 21 years of age and who are placed by court order prior to their 18th birthday. "Specialized group facility" includes specialized group homes and specialized group centers.

7.Child Care Health Consultant means the licensed medical professional with delegatory authority that, at a minimum, delegates the administration of medications and special health care procedures, but may more comprehensively provide information and consultation on a variety of health and safety topics impacting staff, children and families in early care and learning settings.

8.Clean means to be free of dust and debris or to remove dirt and debris by vacuuming or scrubbing and washing with soap and water.

9.Common Towel means a non-disposable towel that is used by more than one individual or is used more than one time by the same individual.

10.Communicable Disease means a disease caused by a microorganism (bacterium, virus, fungus, or parasite) that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent (e.g., louse, mosquito) or environmental object (e.g., table surface).

11.Contamination means the presence of infectious microorganisms or chemicals at levels toxic to human health in or on the body, environmental surfaces, articles of clothing, and/or in food or water.

12.Critical Violation means provisions of these rules and regulations that, if deemed in noncompliance, are more likely than other violations to contribute to illness or environmental hazards that may contribute to a disease outbreak. Critical violations include inappropriate diapering procedures, lack of handwashing, ineffective sanitization and disinfection, ill personnel preparing food or caring for children, unsafe water supply or sewage disposal, vermin infestation, food temperature abuse and uncontrolled toxics.

13.Department means Colorado Department of Public Health and Environment or its authorized agents or employees.

14.Disinfect means to eliminate most or all pathogenic microorganisms, with the exception of bacterial spores by using effective bactericidal heat or concentration of chemicals which are registered with the U.S. Environmental Protection Agency. This is generally accomplished in a child care setting by the use of liquid chemical solutions such as a mixture of household bleach and water.

15.Drinking Water means water that meets criteria as specified in 5 CCR 1002-11, Colorado Primary Drinking Water Regulations. Drinking water is traditionally known as "potable water". Drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "reclaimed water," "wastewater," and "nondrinking water".

16.Easily Cleanable means materials or surfaces that are smooth, durable, non-absorbent, such that the soil, filth, and/or unseen contamination can be effectively removed by normal cleaning methods.

17.Extensive Remodeling means any remodeling that normally would require a building permit from local government or that affects the building or area of operation of the child care facility, or a change in operation that requires a license change by the Department Of Human Services. Routine maintenance, repairs, cosmetic changes, or license changes that increase allowable capacity of the current license shall not be defined as extensive remodeling, unless a change in capacity requires an increase in the number of fixtures. Structural modifications required due to extensive remodeling shall pertain directly to the portions of the facility or building being remodeled.

18.Food Preparation Sink means a sink designated for food preparation activities including preparing bottles, washing produce, thawing foods, and rapid cooling of foods. Food preparation sinks are not handwashing sinks unless a multi-use sink operational plan is approved by the Department.

19.Furnishings means equipment such as high chairs, cribs, beds, crawling mats, chairs, sofas, eating tables, art/water/play tables, walkers, infant swings, bouncy seats, desks, workstations, dressers, interior play areas (jungle gyms), and toy chests.

20.Gloves means those which are non-porous, disposable and single-use.

21.Grease Cooking means the heating of raw animal products on food processing equipment such as grills, broilers, skillets, woks, kettles or open rotisseries; or foods cooked in fats or oils utilized as a heat transfer media such as deep fryers where grease laden vapors are produced.

22.Health Care Plan means a document that contains written instructions about a specific health condition including when and how specific interventions are to be carried out in a school or child care setting. This document should be signed by the child's health care provider and parent(s)/guardian(s). Health Care Plans can be collaboratively created by the child care health consultant, the child's parent(s)/guardian(s), health care provider and center staff; and are necessary for the care of children with chronic health care conditions such as asthma, seizure disorder, diabetes, or severe allergy. Health care plans may also guide the care of children with acute conditions that may need short-term special management in the group care setting such as a child returning to care with a cast or after a surgical intervention.

23.High Hazard Body Fluid means urine, feces, vomitus, blood, and other body fluids with blood present.

24.Highly Susceptible Population means persons who are more likely than other people in the general population to experience foodborne disease because they are immunocompromised, children under five years of age, or older adults; and they obtain food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

25.Hygiene means protective measures, including practices of cleanliness, taken by individuals to promote health and limit the spread of infectious diseases.

26.Imminent Health Hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent illness or injury based on the nature, severity, and duration of the anticipated illness or injury.

27.Immunization means the process by which a person becomes protected (immune) against a vaccine preventable disease.

28.Infant means a child between birth and the age of 18 months.

29.Infection means a condition caused by the multiplication of an infectious agent in the body.

30.Infectious means capable of causing an infection.

31.Infestation means the presence of unwanted pests such as insects, rodents, bats, birds or parasites at levels considered to pose either an economic or health threat.

32.Inspection means an on site evaluation by the Department of the child care facility during its normal hours of operation, with program staff in attendance, to determine conformance with these rules and regulations.

33.Kindergarten means a program for children the year before they enter the first grade.

34.Lead-based Paint, as defined in Section 25-7-1102, C.R.S., means any paint containing more than six one-hundredths of one per cent by wet weight of lead metal, more than five-tenths of one percent by dry weight of lead metal, or more than one milligram per square centimeter of lead metal.

35.New Child Care Facility means a facility, which is newly constructed or an existing structure that is converted for use as a child care facility as defined in Section 7.4 that begins operation after the effective date of these rules.

36.Parasite means an organism that lives on or in another living organism (e.g., giardia, ticks, lice, and mites).

37.Poisonous or Toxic Materials means substances capable of causing injury, illness or death when ingested, inhaled or absorbed.

38.Potentially Hazardous Food as defined in 6 CCR 1010-2, Colorado Retail Food Establishment Rules and Regulations, means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation. Potentially hazardous foods (time/temperature control for safety food) includes a food of animal origin that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation.

39.Preschool means a part-day child care program for five or more children between the ages of 2-1/2 and seven years.

40.Privy means a toilet without running water.

41.Psittacine Birds, also called "Hookbills" because the upper beak is turned downward, means all birds commonly known as Parrots, Amazons, Mexican Double-Heads, African Greys, Cockatoos, Macaws, Parakeets, Lovebirds, Lories, Lorikeets, and other birds of the order Psittaciforme.

42.Ready-To-Eat Food means food that is edible without further washing, cooking, or additional preparation and that is reasonably expected to be consumed in that form.

43.Refuse means any garbage, trash, or other forms of solid waste.

44.Sanitization means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals, registered with the U.S. Environmental Protection Agency, for sufficient time to reduce the bacterial count, including pathogens, to a safe level.

45.School-Age Child Care Center means, as defined in 12 CCR 2509-8 Rule 7.701.2.C.8 , a facility that provides care for five or more children who are between five and 16 years of age. The center's purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as "day camps", "summer camps", "summer playground programs", "before and after school programs" and "extended day programs". This includes centers operated with or without compensation for such care, and with or without stated educational purposes.

46.Single-Service (Use) means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, paper towels, place mats, doilies, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded after each use.

47.Small Child Care Centers means, as defined in 12 CCR 2509-8 Rule 7.701.2.C.8 , a facility that provides care for five through 20 children between the ages of two and 16 years.

48.Staff Member or staff means any person working or volunteering to perform duties in a child care facility, including caregivers.

49.Toddler means a child who walks independently between the ages of 12 months and 36 months and is enrolled in the toddler program.

50.Virus means a microscopic organism smaller than a bacterium that may cause disease. Viruses can grow or reproduce only in living cells.

51.Wading Pool means any artificial pool of water equal to or less than 18 inches in depth and intended for wading purposes.

6 CCR 1010-7.4

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