D.C. Mun. Regs. tit. 5, r. 5-A129
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A129 - RECORDKEEPING REQUIREMENTS: FACILITY OPERATIONS129.1 A Licensee shall maintain at the Child Development Facility premises at all times and shall, upon request, provide and make immediately available for review by OSSE or any person legally authorized to review the Licensee's documents, the report(s) of each inspection of the Facility by OSSE occurring within the preceding three (3) year period, including any Statement(s) of Deficiencies, subject to the confidentiality limitations contained in this chapter.
129.2 A Licensee shall maintain at the Facility premises at all time and shall provide to OSSE upon request, the current original version of each of the following:
(a) A Certificate of Occupancy, Home Occupation Permit, or other equivalent proof from DCRA that the premises comply with all applicable Federal and District of Columbia building, fire-safety, construction, and zoning laws, regulations and codes and that the premises are suitable for the operation of a Child Development Facility;(b) A fire safety inspection certification or other equivalent proof from FEMS that the premises comply with all applicable Federal and District of Columbia fire safety laws, regulations and codes;(c) A certification or clearance report issued by a DOEE-certified lead-based paint inspector, risk assessor, or dust sampling technician no more than thirty (30) days before the date of the Facility's application to be licensed, confirming that the Facility does not contain any lead-based paint hazards;(c-1) Proof of compliance with Section 21a of the Facilities Act; (e) A Clean Hands certification that the applicant satisfies the requirements that must be met in order to obtain a license or permit from the District government, set out in D.C. Official Code § 47-2862, issued by the District of Columbia Department of Tax and Revenue within thirty (30) days of the date the application is submitted;(f) An immunization certification from the District of Columbia Department of Health;(g) Proof of insurance, that includes a reasonable coverage amount, as determined by the District of Columbia Office of Risk Management, for the following types of coverage : (1) Commercial General Liability;(2) Umbrella "Follow Form" Liability;(3) Sexual Abuse & Molestation Liability; and(4) Vehicle liability covering every vehicle that will be used by the Facility to provide transportation services to children at the Facility; and(h) A current, valid, and notarized building use agreement that identifies a contingency location that may be used if the primary location of operation ceases to be available and includes, but is not limited to, the following: (1) Contact information for the owner of the building;(2) The purpose of the use;(3) General guideline and requirements;(4) Proof of appropriate insurance coverage;(5) Proof of valid certificate of occupancy;(6) Proof of updated health and safety inspections specific to a Facility;(7) User responsibilities;(8) User restrictions; and(9) Facility usage fee, if any.129.3 Records of investigations, inspections, civil infraction citations, unusual incidents reported in accordance with this chapter, inspection of playground equipment, maintenance of carbon monoxide detectors, and all fire prevention mechanisms and emergency evacuation drills shall be immediately accessible and available for inspection by government officials, shall be provided upon request, and shall be made available to the public for inspection subject to the confidentiality limitations contained in this chapter. A Licensee shall maintain these records for at least three (3) years prior to the current year.
129.4 A Licensee shall maintain at the Facility premises, and provide to OSSE upon request, current liability insurance information and documentation for the Facility and, if the Facility provides transportation services, information and documentation of vehicle safety and insurance, including liability insurance.
129.5 A Licensee shall maintain records documenting any adverse or negative action the Facility takes against an employee, volunteer, or household member related to any substantiated crimes against a child. The adverse action shall be reported as an unusual incident in accordance with this chapter and related documentation shall be provided to OSSE upon request.
129.6 A Licensee shall maintain a maintenance log and retain copies of service and repair records, in a single location at the Facility, for all motor vehicles that are owned or leased or otherwise used for purposes of transporting enrolled children. A Licensee shall maintain each record for at least twelve (12) months after the date of the inspection or repair and provide the record to OSSE upon request.
129.7 A Licensee shall provide reports and documents to OSSE upon request and maintain and display, in one central area within the Facility, items (a)-(b) below, and have items (d)-(l) below available for inspection by OSSE:
(a) Copy of the Facility's license;(b) Certificate of Occupancy or Home Occupancy Permit;(d) Fire inspection reports;(e) Plumbing, gas, and electrical inspection reports;(f) Evacuation and shelter- in-place drill records;(g) Any accreditation correspondence, including any adverse action taken against the Facility, and/or quality rating score, if applicable;(h) Any documentation that any deficiencies have been abated;(i) Results of lead tests;(j) If there has been a determination within the previous 12 months that the Facility has mold, a certificate of air quality;(k) Playground inspection report, equipment inspection/maintenance records and reports; and(l) Reports of the inspection and maintenance of fire extinguishers, smoke detectors, carbon monoxide detectors, or other fire prevention mechanisms regarding their compliance with all applicable federal and local laws and regulations regarding fire safety.D.C. Mun. Regs. tit. 5, r. 5-A129
Final Rulemaking published at 63 DCR 14640 (12/2/2016); as amended by the Childhood Lead Exposure Prevention Amendment Act of 2017, effective September 23, 2017 (D.C. Law 22-0021; 64 DCR 7631 (August 11, 2017)).