Section He-C 4002.23 - Health and Safety Requirements for Indoor Space(a) Programs shall provide child care only in space approved by the department.(b) Child care staff shall ensure that the indoor space is: (1) Safe, clean, free of clutter, and in good repair;(2) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked or crimped cords, or unprotected outlets;(3) Well-ventilated by means of unobstructed mechanical ventilation system or open, screened window;(4) Well-lit to allow for the supervision of children and for child care staff and children to move about safely;(5) Free of damp conditions which result in visible mold, mildew, or a musty odor;(6) Free of heavy furnishings or items not secured to the wall or floor that could easily tip or are unstable;(7) Free of fumes from toxic or harmful chemicals or materials;(8) Free of tripping hazards; and(9) Free of poisonous plants.(c) Child care staff shall ensure that potentially harmful items, including but not limited to matches, lighters, chemicals, materials labeled "harmful if swallowed," flammable materials, sharp objects, and staffs' personal belongings are locked or inaccessible to children.(d) All substances labeled "harmful if swallowed" or "flammable" and all containers storing cleaning materials shall be labeled as to the contents and stored separately from food and medications.(e) Non-toxic materials labeled "keep out of reach of children" shall only be used during a teacher-directed activity.(f) Cords or strings long enough to encircle a child's neck, such as cords on window blinds, curtains or shades, shall be kept out of children's reach. (g) Child care staff shall ensure that the presence of pets in the program does not present a hazard to the children, including but not limited to:(1) Reptiles, amphibians and birds, including baby chicks and ducklings, shall not be permitted in rooms or outdoor spaces regularly occupied by children;(2) When bringing animals into a child care, staff shall supervise children when the animals are available, designated areas shall be cleaned and sanitized after animal contact, and food or drink shall not be consumed in these areas;(3) Cages or other habitats shall be cleaned of all fecal material and sanitized on an as needed basis but no less than once per week;(4) Staff shall wear gloves while cleaning animal cages or habitats;(5) All staff and children shall wash hands with soap and warm running water after contact with animals or their cages or habitats; and(6) Dogs, cats, and ferrets shall be kept clean and free of parasites, fleas, ticks, mites, and lice, and vaccinated against rabies, with proof of current vaccination on site at the program and available for review by department staff.(h) Programs shall maintain bathroom facilities in accordance with the following: (1) Sinks, toilets, footstools, potty chairs, and adapters shall be cleaned and sanitized at least once a day and when visibly soiled;(2) Bathroom floors and other surfaces adjacent to toilets, including but not limited to walls, shall be cleaned and sanitized at least weekly, and when visibly soiled;(3) Toilet paper, individual cloth or paper towels, and liquid soap from a dispenser shall be available and accessible to children and staff; and(4) Bathrooms shall have a functional means of outside ventilation.(i) The program shall take prompt action to eliminate insects or rodents, and clean and sanitize all surfaces where there is visible evidence of their presence.(j) When using pesticides, programs shall: (1) Notify parents and staff in writing at least 2 days prior to the pesticide application, except in emergencies where pests pose an immediate threat to children; and(2) Document the date, time, and type of pesticide used for each time a pesticide is used.(k) Pesticides shall not be used in areas used by children while children are present, and any treated indoor area shall be aired out per manufacturers' instructions prior to allowing children to return to that area.(l) Programs shall maintain the child care space free from non-compliance of Saf-FMO 300 and Saf-C 6000 by not blocking exits, or evacuation routes, including doorways, hallways, and stairs that are a means of egress, and by maintaining smoke detectors in working order.(m) The licensee shall prohibit smoking in the building anytime for center-based programs or during operating hours for family child care homes, with the following exceptions: (1) Child care staff who smoke during their breaks shall not smoke in view of children or while responsible for the care of children; and(2) Child care staff who smoke on their breaks shall wash their hands and change into fresh clothing, or remove smoke contaminated outerwear prior to returning to work to reduce exposure to second-hand smoke.(n) Child care staff shall:(1) Arrange space to provide clear pathways for movement from one area to another and to allow visual supervision by staff;(2) Arrange furnishings and fixtures safely, with sharp edges protected, and in such a way as to not present hazards to children; and(3) Store their personal belongings out of reach of children.(o) There shall be adequate space for each child's possessions, such as individual cubbies, lockers, baskets, or bins.(p) Children's toothbrushes shall be stored separately to air dry and be labeled with each child's name.(q) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building. Windows and glass doors shall be constructed, adapted, or adjusted via the use of window guards or other means to prevent injury to children.(r) Garbage shall be disposed of in a lined and covered container and staff shall empty trash containers daily or sooner if contents create an odor or a health risk.(s) Stairways with more than 3 steps shall be equipped with handrails.(t) In programs serving children younger than 3 years old, the licensee shall ensure that there are barriers placed at the top and bottom of stairwells opening into areas used by children younger than three years, unless prohibited by building or fire department regulations. Pressure gates at the top of stairs shall not be used.(u) Open stairways used by children younger than school age shall have railings or banisters installed along the open or unprotected side(s).(v) Programs shall: (1) Have a safe, functioning heating system;(2) Maintain a temperature of not less than 65 degrees Fahrenheit whenever children are present; and(3) Protect children from contact with exposed heat sources, including steam and hot water pipes, and radiators, via the use of permanent screens, guards, insulation or another suitable device that prevents children from coming in contact with them. (w) Prior to using portable space heaters or portable radiators in child care space, programs shall obtain written approval from the local fire inspector with documentation of the approval available for review by department staff during on-site visits.(x) All portable space heaters or radiators shall: (1) Be inaccessible to children;(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL);(3) Be placed at least 3 feet from curtains, papers, furniture, or any other flammable object; and(4) Be installed and operated in accordance with the manufacturer's specifications.(y) All fuel burning stoves, including but not limited to wood, coal, pellet, or gas, when used during child care, shall: (1) Meet applicable local and state codes with documentation of such approval available for review by department staff during on-site visits; and(2) Be maintained in a manner that ensures the safety of all children, by use of partitions, screens, guards, or other similar barricades, as approved by the local fire official;(z) Child care staff shall be in the room with children whenever a fireplace is in use.(aa) All working fireplaces in space used by children shall:(1) Have a secure child proof barrier in place at all times; and(2) Be equipped with padding or otherwise protected if the hearth presents a hazard to children.(ab) Guns, weapons, or live or spent ammunition shall be kept in locked storage with the key stored separately and out of the reach of children.(ac) Pursuant to 40 CFR 745, when interior surfaces of a building built prior to 1978 are in a deteriorating condition, including but not limited to flaking, chipping, and peeling paint, or are subject to renovations or construction, the licensee shall utilize a U.S. Environmental Protection Agency certified Renovation, Repair, and Painting (RRP) contractor, in accordance with 40 CFR 745.90(a) and (b) and He-P 1600.(ad) In addition to (ac) above, until the deteriorated surfaces can be made intact, the program shall provide the department with a plan, in writing, that ensures children will not have access to those surfaces and includes the expected date of completion of the work.(ae) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.(af) When there is information or evidence indicating that the building may contain asbestos hazards, programs shall submit evidence that the building has been inspected by a licensed asbestos inspector and is free of asbestos hazards, or submit a plan of action to reduce or eliminate any existing contamination to be approved by the department.(ag) When there is information indicating that the building or water supply may contain radon hazards, programs shall submit evidence that the building has been inspected by a licensed radon inspector and is free of radon hazards or submit a plan of action to reduce or eliminate any existing contamination to be approved by the department.(ah) Child care staff shall immediately clean spills of bodily fluids, including urine, feces, blood, saliva, and discharges from the nose, eyes, or an injury, using soap and water and then disinfectant. Surfaces requiring such action include tabletops, toys, floors, walls, toilets, potty chairs, and diaper changing surfaces.(ai) Child care staff shall: (1) Wear non-porous gloves when cleaning bodily fluid spills specified above;(2) Place soiled clothing in a plastic bag, tied securely and return the items to the child's parent at pick up; and(3) Clean, rinse, disinfect, wring, and hang to dry mops used to clean bodily fluids.(aj) The fall zone under and around all indoor swings and climbing equipment, including slides or lofts, which would allow a fall from a height of more than 29 inches shall extend at least 39 inches and be covered with mats designed for gymnastics.N.H. Admin. Code § He-C 4002.23
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.25)
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.14)