214 R.I. Code R. 214-RICR-40-00-1.7

Current through December 3, 2024

Section 214-RICR-40-00-1.7 - Physical Facilities

A. Required Inspections and Certifications

1. Prior to receiving an initial license, the program must show compliance with current inspections or certifications regarding:

a. Building;

b. Fire;

c. Lead;

d. Asbestos;

e. Radon;

f. Water potability (as applicable for programs with well-water);

g. Food safety (as applicable for programs that prepare and serve meals); and

h. Public pools (as applicable for programs with a pool on program grounds).

2. To maintain licensure, upon renewal, the program must show compliance with current inspections or certifications regarding:

a. Fire;

b. Lead;

c. Radon;

d. Water potability (as applicable for programs with well-water);

e. Food safety (as applicable for programs that prepare and serve meals); and

f. Public pools (as applicable for programs with a pool on program grounds).

B. Construction

1. The construction of new buildings or outdoor space for the use of children, or the renovation/modification of existing buildings or outdoor space used by children requires approval by the Department prior to the start of construction.

2. The program is responsible to obtain new inspections as necessitated by construction.

C. Structural Requirements and Mechanical Systems

1. Each room, used by children, must be ventilated via a ventilation system or opened door or window.

a. Any door or window that is used for ventilation must not inhibit the security of the program.

b. All exterior windows that can open are securely screened.

2. There must be a minimum of 300 cubic feet of air space for each child.

3. Each Infant, Toddler, or Preschool classroom, in an existing program, has natural light through a window, windowed door, or skylight (either directly into the classroom or from a shared space), enough to provide supervision of the entire classroom without the use of artificial lighting.

4. Each Infant, Toddler, Preschool, or School Age classroom, in a program licensed subsequent to the date of these regulations, has natural light through a wall-level window, directly within each classroom space, enough to provide supervision of the entire classroom without the use of artificial lighting.

a. Exceptions may be made for public, private, or parochial schools approved by the RI Department of Education.

5. Each Infant, Toddler, or Preschool activity space, in a program licensed subsequent to the date of these regulations, has natural light through a window, windowed door, or skylight (either directly into the classroom or from a shared space), enough to provide supervision of the entire classroom without the use of artificial lighting.

6. Each classroom and activity space has artificial lighting that is intact and in good working order.

7. The temperature in all classrooms and other spaces used by children is maintained within a range of 65°F - 74°F, at the children's height.

a. In an infant classroom, the temperature should be minimum, 68°F at the height of the crib.

8. Portable space heaters are prohibited.

9. All classroom and program exits/egresses are:

a. clearly identified; and

b. free of clutter around the area of the door.

10. Any unfamiliar individual requesting entry into the program must provide photo identification prior to admittance.

11. All entrances to the program are kept locked with mechanisms in place for monitoring entry.

a. If at any time an entrance to the program is unlocked (e.g. drop off/pick up, service deliveries), a designated staff person is required to directly monitor all entries/exits from the program, and is then responsible for resecuring the entrance.

12. All hand-washing sinks have both cold and warm running water set to at least 60°F and not to exceed 120°F.

13. There is a telephone (landline or cellular) solely designated for program and business use located within the program at all times and readily available for use in case of an emergency.

14. Facilities used by children are above grade, as defined by the International Building Code.

D. Toileting and Diapering Facilities

1. Programs serving Infants and/or Toddlers have one diaper changing area with one sink, used exclusively for hand-washing, in close proximity for every 20 children.

2. Programs serving Toddlers have one toilet and one sink for each group of 20 children.

3. Programs serving Preschool have one toilet and one sink for each group of 10 children.

4. Bathroom facilities used by Infant, Toddler, and Preschool children are located on the same level as their respective classrooms.

5. Programs serving School Age children must have one toilet and one sink for each group of 20 children.

6. School Age programs have separate bathroom facilities for both boys and girls that provide privacy for children.

7. School Age programs serving under 20 children may use one fully enclosed gender-neutral bathroom.

8. During the operation of the School Age program, School Age bathrooms are for the exclusive use of School Age children.

9. In existing School Age programs, School Age bathrooms located in or near Toddler or Preschool bathroom facilities must be equipped with a privacy stall for the exclusive use of School Age children.

10. In any School Age program, licensed subsequent to the date of these regulations, the bathroom facilities must be separate and apart from the Toddler or Preschool facilities.

11. Toilets are appropriate to the size of the child.

12. There are toilet facilities in the same building for exclusive use by staff and other adults.

a. Adults are not permitted to use any child's bathroom.

b. Children are not permitted to use any adult's bathroom.

E. Food Preparation

1. There must be an area for food preparation that is sanitized prior to use for food handling, preparing, and distributing of snacks.

2. If meals are prepared and served at the program, there is a kitchen equipped for food preparation.

3. If refrigeration is used, temperatures are maintained at 41°F or lower for refrigerator and 0°F or lower for freezer.

4. A dishwasher with a sanitizing option must be used for re-usable tableware utilized by children.

F. Classroom and Activity Room Requirements

1. Classrooms, with the exception of those used solely for School Age children, are defined at minimum, by dividers that are at least four feet high and are securely fastened to the floor, wall or other means that ensures stability.

2. Movement of classroom dividers requires permission from the Department, and may result in the re-measurement of space.

3. Classrooms used by Infants and/or Toddlers must be on the first floor.

4. Classrooms used by Preschool or School Age children must be on the first or second floor.

5. Each Preschool or School Age classroom must maintain a minimum of 35 square feet of usable floor space for each child.

6. Each Infant and/or Toddler classroom must maintain a minimum of 45 square feet of usable floor space for each child.

7. Infants and/or Toddlers may only use additional activity rooms located on the same level as their respective classrooms.

8. Preschool and School Age children may use additional activity rooms located on the first or second floor.

9. Any classroom used by Infants and/or Toddlers, in an existing program, must have access to the outdoors without the use of stairs or elevators.

10. Any classroom used by Infants and/or Toddlers, in a program or classroom licensed subsequent to the date of these regulations, must have direct access from the classroom to the outdoors without the use of stairs or elevators.

11. Stairways used by Preschool and/or School Age children have a handrail no higher than 28 inches from the stair tread.

12. Programs are required to designate space in the facility for:

a. administrative and clerical functions;

b. storage of equipment and materials;

c. storage of food; and

d. a utility room, separate from the kitchen, with hot and cold water and storage space for cleaning equipment and supplies.

G. Outdoor Requirements

1. Each program has an outdoor play area:

a. with at least 75 square feet of usable outdoor space per child for at least 50% of the licensed capacity of the program; or

b. with at least 75 square feet of usable outdoor space per child, as designated by a schedule of use, subject to approval by the Department.

2. If the licensed facility does not have access to usable outdoor space the program must submit a plan for outdoor play, subject to approval by the Department.

3. The outdoor play area is required to be surrounded by a permanent structure. If a fence is used, it must be

a. at least four feet in height when measured from the ground; and

b. maintained in accordance with the American Society for Testing and Materials.

4. If equipment that requires children's feet to leave the ground is used, it must:

a. be anchored into the ground;

b. be maintained and in good repair, in accordance with United States Consumer Product Safety Commission Standards; and

c. have safety surfacing that is maintained and in good repair, in accordance with United States Consumer Product Safety Commission Standards.

5. Outdoor trampolines are prohibited.

a. If sandboxes are used, they must be covered when not in use.

6. School Age programs operating in a public, private, or parochial school approved by the RI Department of Education are subject to the RI Department of Education requirements for outdoor space.

7. Programs with a pool must comply with the RI Department of Health Rules and Regulations for Licensing Swimming and Wading Pools, Hot Tubs, and Spas.

a. The pool license must be posted in a visible area.

b. If a program's pool has been deemed by the RI Department of Health as a status of "voluntary close" it is not permitted for children's use, until such time that the RI Department of Health changes the status.

c. The use of diving boards is not permitted.

H. Overall Facility Safety

1. Programs are wholly responsible for ensuring that all parts of the licensed facility and program grounds are maintained in a way that ensures health and safety of children, staff, and visitors at all times.

2. In any event where weather or disaster compromises safety of the facility, the program ensures:

a. safe passage in and out of the program; and

b. that all structural and mechanical systems are fully functional.

214 R.I. Code R. 214-RICR-40-00-1.7