N.H. Admin. Code § He-C 4001.17

Current through Register No. 50, December 12, 2024

Section He-C 4001.17 - Health and Safety in the Residential Child Care Environment

(a) Program staff shall maintain the residential child care environment free of conditions hazardous to residents, including but not limited to, the following:

(1) Electrical hazards;

(2) Guns, or live or spent ammunition;

(3) Holes in flooring, loose floor tiles or loose throw rugs, which present a slipping or tripping hazard;

(4) Loose and flaking paint which is accessible to residents;

(5) Unclean conditions, which demonstrate a lack of regular cleaning;

(6) Inadequate protections against insects and rodents; and

(7) Garbage and rubbish stored in an unsanitary manner.

(b) When interior or exterior surfaces of a building built prior to 1978 are in deteriorating condition, including flaking, chipping and peeling paint, or are subject to renovations or construction, a U.S. Environmental Protection Agency certified Renovation, Repair, and Painting (RRP) contractor shall be utilized to make the deteriorated surfaces intact, in accordance with 40 CFR 1.745.90(a) and (b) and He-P 1600.

(c) When there is information or evidence indicating that the building might contain asbestos hazards, the applicant, licensee, or designee shall submit evidence that the building has been inspected by a licensed asbestos inspector and is free of asbestos hazards or otherwise treated or contained in a manner approved by a licensed asbestos inspector.

(d) Program staff shall clearly label and store all toxic materials, including, but not limited to, cleaners, household chemicals and paint, separate from food items, in cabinets which are locked or otherwise inaccessible to residents.

(e) Notwithstanding (d) above, at the discretion of the program director, residents may be allowed to use household cleaning products to complete a specific task, provided the resident completing the task shall be under the supervision of program staff while the cleaning chemicals are accessible, and the cleaning products shall not be accessible to other residents not involved in the cleaning task.

(f) Program staff shall maintain on file at the residence documentation of current vaccinations as required by law for all pets and animals that are present on the premises of the program.

(g) Pets and animals that have been determined by the department to pose a health or safety risk to children shall not be permitted on the premises of the program, including, but not limited to, the following:

(1) Bats;

(2) Turtles;

(3) Tortoises;

(4) Snakes;

(5) Iguanas;

(6) Other lizards or reptiles;

(7) Hedgehogs;

(8) Parakeets; and

(9) Parrots and parrot-like birds.

(h) All enclosed living areas used by residents shall:

(1) Be ventilated by means of a mechanical ventilation system or one or more screened windows that can be opened, and will not pose a hazard to residents; and

(2) From September 1 through May 31, have a safe, functioning heating system, which is cleaned, serviced, and maintained at least once annually and which ensures that whenever residents are present, or expected to arrive within one hour, the temperature is maintained at:

a. Not less than 65 degrees Fahrenheit during waking hours, except for areas being used for active physical exercise or recreation; and

b. Not less than 55 degrees Fahrenheit during sleeping hours.

(i) Program staff, child care interns, and volunteers shall not smoke or use tobacco products while they are responsible for the care of residents or within sight of residents, nor allow residents to smoke or use tobacco, have access to tobacco products, or be exposed to second hand smoke.

(j) All living space and recreation areas used by residents shall be equipped with operable lighting sufficient to allow individuals to enter, exit and move about the premises of the program safely.

(k) All toys, equipment and learning materials shall be:

(1) In good repair;

(2) Safe;

(3) Free of lead paint or other poisonous material; and

(4) Cleaned as often as needed to keep them free of a buildup of dirt.

(l) Licensees shall provide sufficient sturdy tables and chairs to ensure each resident's comfort for meals, snacks, and for work or play at tables.

(m) Licensees shall provide each resident with a bed equipped with:

(1) A pillow and a firm mattress that is:

a. Clean;

b. In good repair;

c. Free from rips or holes in the fabric covering that would allow residents access to the interior components of the mattress;

d. Cleaned and sprayed with a disinfecting spray before being used for a new resident; and

e. Replaced or sanitized promptly if soiled by urine, feces, blood, or vomit; and

(2) Adequate bedding to insure his or her comfort that is cleaned and maintained as follows:

a. Sheets and pillow cases shall be cleaned at least once each week and more frequently if soiled; and

b. Blankets, comforters, bedspreads, and mattress covers shall be cleaned at least once each month and more frequently if soiled.

(n) Programs shall provide separate sleeping and bathroom facilities for staff and family members of staff who reside in the program.

(o) Program staff shall maintain the outside play areas free of hazards.

(p) During activities conducted in the water, including wading, swimming and boating, the following shall apply:

(1) All activities shall be supervised in accordance with the following:

a. Program staff shall provide close supervision to residents at all times, to include a ratio of one staff to no more than 4 residents when no lifeguard is present;

b. At least one staff person who is currently certified in CPR and first aid shall be present with the residents at all times;

c. At least one staff person who has completed training in water safety shall be present with the residents at all times;

d. A rescue buoy, ring buoy, or water rescue throw bag shall be brought to or present at all swimming and boating activities where there is no lifeguard present; and

e. Notwithstanding a. through d. above, a program may allow a resident to be at a water activity independently, if the program director provides a written and dated authorization, after assessing the following:

1. A resident's swimming ability, such as whether he or she has completed a Red Cross or other recognized swimming program;

2. A resident's ability to be independent;

3. Under what circumstances the resident may be at a water activity independently; and

4. Whether or not a lifeguard must be on duty or a parent or other adult must be present at the water activity; and

(2) All pools used as part of the residential child care operation shall be maintained in accordance with the printed instructions of the manufacturer or installer regarding cleaning, filtration, and chemical treatment, and the following:

a. Swimming pools shall be secured in a manner that is childproof and lockable; and

b. Pool gates, fences, or other barriers as required in a. above shall be locked at all times, except when the residents are involved in an allowable water activity in the pool.

(q) Program staff shall comply with the following food service requirements:

(1) All foods that will be served to residents shall be:

a. Free from spoilage, filth, or other contamination;

b. Stored in a clean dry location;

c. Protected from sources of contamination;

d. Stored in containers at least 6 inches above the floor;

e. Stored separate from non-food items that could contaminate food or be mistaken for food;

f. Stored in the original containers or in labeled containers designed for food storage; and

g. Stored, handled, and prepared in a manner that protects against cross contamination between uncooked meat, poultry or fish, and other food items;

(2) Canned goods that are dented, bulging, or rusted shall not be served to residents;

(3) All perishable foods which are to be served to residents shall be stored at temperatures of 41 degrees Fahrenheit or below in a refrigerator and at 0 degrees Fahrenheit or below in a freezer;

(4) Refrigerators and freezers used to store foods that will be served to residents shall be clean;

(5) Refrigerators and freezers used to store foods that will be served to residents shall be equipped with non-mercury, food-grade thermometers; and

(6) Food contact surfaces shall be easily cleanable, smooth, free of cracks, breaks, and open seams or similar difficult to clean imperfections and kept clean.

(r) Toys or other items which are routinely mouthed by residents shall be cleaned and sanitized after each use by a resident, and at the end of each day.

(s) Residents who have developmental delays and are likely to put objects in their mouths, shall be closely supervised when they have access to the items noted in (t)(1)c. and (11) below.

(t) Program staff shall comply with the following child age related environmental health and safety requirements:

(1) Residents younger than 6 years of age shall not have access to the following:

a. Cords or strings long enough to encircle a resident's neck, including but not limited to pull toys, telephone cords, and window blind cords;

b. Balusters which are spaced more than 3 1/2 inches apart on handrails and guardrails on play structures, lofts, stairs, steps, decks, porches, balconies, or other barriers;

c. Sharp knives and sharp objects or objects with sharp edges, except that, at the discretion of program staff and under close supervision, program staff may allow use of scissors or knives for specific cooking projects, craft projects, or meal times;

d. Unstable or easily tipped heavy furnishings or other heavy items which, if not secured to the wall or floor or both, could easily fall on residents and would be likely to cause injury; and

e. Toy boxes and any other chest type storage facilities that have a lid that does not have a safety lid support;

(2) Play areas accessible to residents younger than 6 years of age shall be enclosed by a fence when the department determines that the play area is unsafe because it is located on a roof, or adjacent to any of the following:

a. A street or road; or

b. Any dangerous areas, any swimming pool, or any body of water;

(3) All fencing required under (2) above shall:

a. Be designed to restrain residents from climbing out of, over, under, or through the fence;

b. Have a child proof self-latching device on any gates; and

c. Be maintained in good repair, free of damage or wear that could expose residents to hazards;

(4) When accessible to residents younger than 6 years of age, ground area under and extending at least 39 inches beyond the external limits of outdoor play equipment which would allow a resident to fall from a height of more than 29 inches shall be constructed and maintained at all times with an energy absorptive surface, including but not limited to sand, bark mulch, pea stone, soft wood chips, or rubber mats manufactured for use as gym mats;

(5) The energy absorptive material required in (4) above shall be:

a. Maintained at a depth of at least 8 inches; and

b. Checked and raked regularly to remove any foreign matter, correct compaction, and increase absorption;

(6) Adult toilets and hand washing sinks used by residents younger than 6 years of age shall be equipped with footstools or platforms;

(7) Foot stools or platforms required in (6) above shall:

a. Have a non-porous finish that is easily cleanable; and

b. Be designed to prevent tipping;

(8) The fall zone under and around all indoor swings, slides, and climbing equipment from which a child could fall from a height of more than 29 inches shall be covered with mats designed for gymnastics, if they are accessible to or will be used by residents younger than 6 years of age;

(9) Children younger than 3 years of age shall not have access to stairs or steps that are not equipped with safety gates;

(10) Baby walkers with wheels shall be prohibited in all programs;

(11) Residents younger than 4 years of age shall not have access to toys, toy parts, and other materials which pose a choking risk or are small enough to be swallowed, such as coins and balloons;

(12) There shall be an individual crib or playpen for each resident 12 months of age and younger; and

(13) Cribs and playpens required under (12) above shall:

a. Not be stacked;

b. Be free of cracked or peeling paint, splinters, and rough edges;

c. Have no more than 2 3/8 inches between slats;

d. Have no missing, loose, broken, or improperly installed parts, screws, brackets, baseboards or other loose hardware or damaged parts on the crib or mattress supports;

e. Not have corner posts that extend more than one sixteenth of an inch above the end panels;

f. Not have cutouts in the headboard or footboard;

g. Not have holes or tears in the mesh walls or in the material that connects the walls to the bottom of the crib or play pen; and

h. Have mattresses which:

1. Are in good repair, free of rips or tears; and

2. Fit the crib or playpen so that space between the mattress and the crib or playpen does not create a suffocation hazard.

N.H. Admin. Code § He-C 4001.17

#2664, eff 3-30-84, EXPIRED: 3-30-90

New. #8581, eff 4-20-06, EXPIRED: 4-20-06

New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10705, Effective 10/23/2014, Expires10/23/2024.

Amended by Volume XLI Number 06, Filed February 11, 2021, Proposed by #13151, Effective 12/30/2020, Expires 12/30/2020.