Md. Code Regs. 14.31.06.07

Current through Register Vol. 52, No. 1, January 10, 2025

Section 14.31.06.07 - Physical Plant

A. General Requirements. The licensee shall:

(1) Comply with federal, State, and local building, fire, and health codes and laws, and all applicable local zoning laws;

(2) Use a physical plant that is constructed and equipped in a manner consistent with the needs of the children, staff, and visitors and that is constructed and maintained reasonably to protect and to ensure the safety of all staff and residents;

(3) Ensure compliance by submitting annually to the licensing agency:

(a) Reports of all annual fire and health inspections conducted by the local jurisdiction; or

(b) If the local jurisdiction does not conduct annual fire or health inspections annually, written documentation shall be obtained annually from the appropriate public agencies that inspections are not required;

(4) Maintain evidence and provide documentation upon request that the physical plant had been tested for and found to be free of hazards from lead paint, asbestos, and radon;

(5) Ensure that all facilities maintain at least one working fire extinguisher;

(6) If there is evidence of insect or rodent infestation provide documentation of:

(a) An inspection; and

(b) Insect or rodent treatment, if necessary; and

(7) Install telephone service and equipment that is:

(a) Not solely provided through the use of cellular phone service;

(b) Accessible and usable by staff and residents;

(c) In all buildings used by the children.

B. License. The licensee shall prominently display the authentic current residential child care program license on site:

(1) In the building bearing the address listed on the license;

(2) In an area of the building open and easily accessible to visitors; and

(3) In accordance with the requirements of the licensing agency.

C. Building, Grounds, and Equipment. The licensee shall:

(1) Maintain all structures and grounds free from health and safety hazards;

(2) Ensure that all outside and kitchen trash containers are covered;

(3) Remove all trash at least once a week or more frequently as needed;

(4) Ensure that all infectious waste is stored in biohazard waste containers and removed on a regular basis; and

(5) Locate, install, and safely maintain appropriate playground or other recreational equipment.

D. Counseling and Administrative Space. The licensee shall maintain a designated space separate from the children's living area:

(1) For private discussions and counseling; and

(2) For administrative purposes.

E. Living Areas. The licensee shall ensure that each building that houses children:

(1) Has adequate space for informal and recreational use by the children;

(2) Is not used as a primary residence for any individual other than children placed in the program;

(3) Is a smoke and pollutant free environment;

(4) Has walls that are:

(a) Regularly cleaned and painted; and

(b) Kept free of perforations, cracks, or punctures; and

(5) Is maintained in a clean and orderly manner.

F. Sleeping Accommodations.

(1) The licensee shall ensure that bedrooms occupied by ambulatory children measure at least:

(a) 80 square feet of usable floor space in single occupancy bedrooms; or

(b) 60 square feet of usable floor space per child in multiple occupancy bedrooms.

(2) The licensee shall ensure that bedrooms occupied by non-ambulatory children measure at least:

(a) 120 square feet of usable floor space in single occupancy bedrooms; or

(b) 100 square feet of usable floor space per child with at least 3 feet between beds in multiple occupancy bedrooms.

(3) A licensee shall:

(a) Supply individual beds that are:

(i) Adequate in size to accommodate the height and weight of the child; and

(ii) Solidly constructed and consisting of a clean, comfortable, nontoxic, and fire-retardant mattress capable of being disinfected;

(b) Maintain separate sleeping rooms for boys and girls who are 2 years old or older;

(c) Allow no more than four children to sleep in a bedroom;

(d) Ensure that the mattress of any bed in use is far enough away from the ceiling to allow the occupant to sit up in bed;

(e) Change all bed linens at least once a week and whenever soiled;

(f) Provide waterproof mattress protection for children who are enuretic;

(g) Disinfect mattresses after use by another child;

(h) Provide the children with a personal bureau or locker for clothing and personal belongings and a designated space for hanging clothing;

(i) Allow the children to have some discretion in the decoration of sleeping areas;

(j) Assure that all living areas are kept orderly and clean; and

(k) Provide a source of natural lighting.

(4) For children who sleep in beds, the licensee shall:

(a) Provide a pillow, two sheets, and sufficient covering for comfort;

(b) Prohibit the use of cots, bunk beds, loft beds, or sleep sofas as beds; and

(c) Ensure that only the child assigned to a bed sleeps in it.

(5) For infants and other children who require a crib, the licensee shall:

(a) Shall provide an age appropriate sized crib for each infant or child in care;

(b) May not allow an infant to sleep in a playpen or on a mat at any time; and

(c) Shall ensure that:

(i) Only the infant assigned to a crib sleeps in it;

(ii) All cribs and playpens meet industry standards;

(iii) Mattresses used in cribs and playpens fit snugly;

(iv) Each infant has sheets, blankets, and other coverings for the infant's exclusive use;

(v) Wet, soiled or damaged sheets, mattresses, blankets, or other coverings are immediately replaced;

(vi) All sheets and blankets are laundered at least once a week, or, if soiled, are laundered before next use; and

(vii) Cribs and playpens are free of hazards.

G. Bathrooms. The licensee shall:

(1) Keep bathrooms in good operating order and maintain sanitary conditions;

(2) For every five children, provide at least:

(a) One sink with hot and cold water;

(b) One bath or shower with hot and cold water; and

(c) One flush toilet;

(3) Unless the children require assistance, provide toilets and baths or showers that allow for individual privacy;

(4) Equip tubs and showers with slip-proof surfaces;

(5) Secure mirrors to the walls at heights appropriate for use by the children; and

(6) Unless otherwise specified in the child's individual plan of care, make available 24 hours a day, without children needing to request them, personal hygiene supplies, including but not limited to, toilet paper, soap, shampoo, toothbrushes, towels and washcloths; and

(7) Equip bathrooms with adaptive equipment based on the needs of the children served.

H. Kitchens and Dining Areas. The licensee shall:

(1) Have equipment and space for meal preparation, storage, serving, eating, and clean-up of meals;

(2) Maintain all equipment in clean, safe working order, and ensure that equipment meets all applicable health and safety standards;

(3) Unless the licensee documents that disposable dinnerware is necessary to protect the health or safety of the children, refrain from using disposable dinnerware on a daily basis;

(4) Ensure that all dishes, cups, and glasses used by the children are:

(a) Free from chips, cracks, or other defects; and

(b) Properly cleaned between each meal; and

(5) Unless otherwise specified in the child's individual plan of care, ensure that children have access to unlocked food storage areas containing approved between-meal snacks.

I. Furnishings. The licensee shall supply clean, comfortable furniture in good repair.

J. Doorways, Windows, and Window Coverings. The licensee shall supply:

(1) Doors that can be opened from the inside and the outside for all bedrooms and bathrooms;

(2) Screens that are in good repair and removable in emergencies on all exterior windows that can be opened and exterior doors that may be left open;

(3) Window coverings that will ensure privacy;

(4) All window coverings, which shall have no draw cord capable of forming a loop greater than 7.25 inches;

(5) All new and replacement window coverings, which shall be cordless window coverings; and

(6) For each door or window in high-risk areas, such as recreation rooms and stairwells, shatter-resistant material or safety glass.

K. Electrical Systems. The licensee shall ensure that the physical plant has:

(1) Electrical equipment, wiring, switches, sockets, and outlets which are maintained in compliance with local and State building codes;

(2) Sufficient illumination in rooms, corridors, and stairwells to permit safe usage; and

(3) Lighting of exterior areas during the night.

L. Climate Control. The licensee shall:

(1) Provide heating and cooling systems which meet all applicable codes;

(2) Ensure heating systems that exceed 120°F that are accessible to residents are equipped with protective materials to prevent residents from coming in contact with the heat source;

(3) Maintain an air temperature of at least 68°F in the living areas and sleeping quarters of the physical plant; and

(4) Prohibit the use of kerosene or open coil heaters.

M. Ventilation. In accordance with all local building codes, the licensee shall supply ventilation for each room used by the children through:

(1) A window that can be opened;

(2) An exhaust fan; or

(3) An air conditioning system.

N. Water. The licensee shall:

(1) Provide a continuous supply of potable hot and cold running water;

(2) Equip the physical plant with a sanitary potable water distribution system;

(3) Ensure that hot water accessible to the children is regulated to a temperature of 110°F or lower; and

(4) If water from any source other than a public water supply is used:

(a) Annually obtain a water test conducted by the appropriate State or local authority in accordance with State or local law; and

(b) Keep on file the most recent test report.

Md. Code Regs. 14.31.06.07

Regulation .07 amended effective 40:11 Md. R. 975, eff.6/10/2013