Section He-C 4002.25 - Learning Materials, Toys and Equipment(a) Programs shall provide toys, equipment, furniture, and learning materials that are: (1) Age and developmentally appropriate;(2) Of sufficient quantity and variety to meet the needs of the children cared for in the program;(3) Available and accessible to children; and(4) Cleaned on a regular basis.(b) The program shall ensure that toys, equipment, furniture, and learning materials, are: (1) Sturdy and safely constructed and installed;(3) Maintained in a safe, secure, and workable condition, free from lead paint, protruding nails, rust, and other hazards that may be dangerous to children.(c) Toys that children routinely mouth, including but not limited to infant and toddler toys, shall be cleaned and sanitized after each use by a child and at the end of each day.(d) Child care staff shall not use any equipment, materials, furnishings, toys, or games identified by the U.S. Consumer Product Safety Commission as being hazardous.(e) All play equipment, fences, and structures shall be free of entrapment hazards, including gaps that are between 3 1/2 inches and 9 inches apart on balusters, handrails, guardrails, or slats on play structures, lofts, stairways, decks, porches, or balconies, that are accessible to children.(f) Child care staff shall not allow children younger than 3 years of age to have access to toys, toy parts, and other materials that pose a suffocation or choking risk or are small enough to be swallowed, including, but not limited to, coins, balloons, exposed foam padding, or empty plastic bags.(g) The only exception to (f) above for children age 30 months to 3 years shall be during teacher directed activities under direct supervision by child care staff, or when programs have the following documentation on file: (1) Observations of the children by program staff indicating that children do not put toys or objects in their mouths during play;(2) Parents statement that their child(ren) do not put toys or objects in their mouth(s) during play; and(3) Signed parent acknowledgment that they understand small parts are a choking hazard, and that the program will have small materials accessible as part of the curriculum.(h) Infants shall not be placed in any equipment, including but not limited to stationary activity centers that require them to support their heads on their own if they have not yet acquired that ability.(i) Baby walkers with wheels are prohibited in programs.(j) Toy boxes accessible to children used to store any child care materials and equipment shall have a safety lid support or not have a lid.(k) 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.(l) Infants shall only have access to toys with strings or cords up to 6 inches in length.(m) Toddlers shall only have access to toys with strings or cords up to 12 inches in length, or any length for an adult-directed activity.(n) Except for therapeutic equipment or small trampolines intended for individual use with direct adult supervision, the use of trampolines by child care children, whether indoors or outdoors, is prohibited.N.H. Admin. Code § He-C 4002.25
#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 4002.27 )
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 4002.22)