Section R381-70-9 - Facility(1) The provider shall ensure that there is at least 35 square feet of indoor space for each child in the program, including the provider's and employees' children.(2) The department may include floor space used for furniture, fixtures, or equipment as indoor space per child if the furniture, fixture, or equipment is used: (b) for the use of children; or(c) to store materials for children.(3) The department may not include the following areas when measuring indoor space for children's use:(b) closets and staff lockers;(d) lobbies and entryways;(4) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license.(5) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint undergoes a test for lead. If the provider or the department find lead-based paint, the provider shall contact their local health department within five working days and follow required procedures for remediation of the lead hazard.(6) The provider shall ensure that each room and indoor area that children use is ventilated by mechanical ventilation, or by windows that open and have screens.(7) The provider shall ensure that windows and glass doors within 36 inches from the floor or ground are made of safety or tempered glass, or have a protective guard.(8) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity the provider is conducting.(9) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.(10) The provider shall ensure that there is a working telephone at the facility, in each vehicle while transporting children, and during offsite activities.(11) The provider shall ensure that there are at least two working toilets and two working handwashing sinks accessible to children in the center.(12) The provider shall ensure that there is at least one additional working toilet and one additional handwashing sink for each additional group of one to 25 children.(13) The provider shall ensure that there are bathrooms that provide privacy available for use by children.(14) The provider shall ensure that there is an outdoor area that is safely accessible to children.(15) The provider shall ensure that the outdoor area has at least 40 square feet of space for each child using the area at one time.(16) The provider shall ensure that the total square footage of the outdoor area accommodates at least one-third of the approved capacity at one time or is at least 1,600 square feet.(17) The provider shall ensure that a fence encloses the outdoor area, wall, or solid natural barrier that is at least four feet high.(18) The provider shall ensure that there is no gap five by five inches or greater in or under the fence or barrier.(19) The provider shall ensure that children are in an enclosed area when children are outdoors, except during offsite activities.(20) The provider shall ensure that there is shade available to protect the children from excessive sun and heat when children are in the outdoor area.(21) If there is a swimming pool on the premises that the provider does not empty after each use, the provider shall: (a) meet applicable state and local laws and ordinances related to the operation of a swimming pool;(b) maintain the pool in a safe manner; and(c) when not in use, cover the pool with a commercially-made safety enclosure that is installed according to the manufacturer's instructions, or enclose the pool within at least a four-foot-high fence or solid barrier that is kept locked and that separates the pool from any other areas on the premises.(22) The provider shall maintain buildings and outdoor areas in good repair and safe condition including: (a) ceilings, walls, and floor coverings;(b) lighting, bathroom, and other fixtures;(c) draperies, blinds, and other window coverings;(d) indoor and outdoor play equipment;(e) furniture, toys, and materials accessible to the children; and(f) entrances, exits, steps, and walkways including keeping them free of ice, snow, and other hazards.(23) The provider shall ensure that accessible raised decks or balconies that are five feet or higher, and open stairwells that are five feet or deeper have protective barriers that are at least three feet high.(24) If the facility is subdivided, any part of the building is rented out, or any area of the facility is shared including the outdoor area, the department may inspect the entire facility and the provider shall ensure that covered individuals in the facility comply with the rules, except when: (a) there is a separate entrance for the program;(b) there are no connecting interior doorways that can be used by unauthorized individuals; and(c) there is no shared access to the outdoor area used for the program.Utah Admin. Code R381-70-9
Adopted by Utah State Bulletin Number 2015-10, effective 5/1/2015Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023