13-015 Code Vt. R. 13-140-015-X

Current through August, 2024

Section 13 140 015 - VERMONT HEALTH REGULATIONS CHAPTER 5, SUBCHAPTER 14 - ENVIRONMENTAL REGULATIONS-DAY CARE FACILITIES

Section 1401 GENERAL PROVISIONS

(a) DEFINITIONS

A day care facility is any place operated as a business or service on a regular or continual basis whether for compensation or not to provide day care services on a full day or half-day basis.

An early childhood facility is any place, except those supported in whole by tax funds, operated as a business or service on a regular or continual basis, whether for compensation or not to provide pre-school educational services on a half-day basis.

A nursery school is an early childhood facility which provides social and cognitive experiences to children three or four years old. No child attends longer than five hours per day, usually within a morning or an afternoon session.

A kindergarten is an early childhood facility which provides social and cognitive experiences to children five years old (or during the calendar year proceding the year in which the child will first attend public school). No child attends longer than five hours per day, usually a morning or an afternoon session.

A staff member is any person who provides or helps to provide day care services at a day care or early childhood facility, whether for compensation or not.

A director is the staff member who has operating responsibility for a day care or early childhood facility.

Utensils are any kitchenware, tableware, glassware, cutlery, dishes, containers, machines or other equipment with which food or drink comes in contact with during storage, preparation or serving.

Food or drink shall mean all substances meant for human consumption, other than medications.

Readily perishable or readily contaminated shall include all custard-filled and cream-filled pastries, milk and milk products, egg products, meat, fish, shellfish, gravy. poultry stuffing, sauces, dressing, salads, and sandwich spreads containing meat, fish, eggs, or milk, or milk products.

Potable water - water free from impurities in amount sufficient to cause disease or harmful physiological effects with the bacteriological, chemical, physical and radiological quality conforming to applicable regulations and standards of the Department of Health.

A day care home is a day care facility that is a family residence other than the child's own home which offers care and protection to children within a normal family routine. The day care home serves only as many children as it can integrate into its own physical setting and pattern of living (usually six or fewer). It is especially suitable for infants, toddlers, sibling groups, as well as for neighborhood based day care for children before and after school.

A group day care home is a day care facility that is an extended or modified family residence other than the child's own home. It utilizes two or more staff members and provides care and protection for up to 12 children. It is suitable for children who can profit from both a family-like care situation and group experiences from peers.

A day care center is a day care facility which provides care and protection to more than 12 children. Centers do not usually attempt to simulate family living.

(b) APPLICATION

1) These regulations shall apply to all the facilities subject to the licensing requirements of the Licensing & Regulation Unit.

2) The design and construction requirements of this Chapter shall apply to all day care facilities constructed after July 1, 1974. Day care facilities constructed prior to July 1, 1974 shall comply with the design and construction standards of this Chapter as far as is practical, or wherever it is determined that a health hazard would be created by not complying with these standards. All day care facilities shall comply with all operational requirements of this Chapter.

3) The Commissioner of Health may authorize the Sanitarian, responsible to the Licensing & Regulation Unit, to approve the use of new or existing fixtures, materials, equipment and methods of a type which do not conform to the requirements of this Chapter; provided that the equipment and/or methods shall be safe and sanitary and that the design and quality are equal to or better than the requirements of this Chapter.

Section 1402 HEALTH AND CLEANLINESS OF STAFF

Regulation 1. The health practices of all staff when in the facility shall be appropriate to protect the health of the children and other staff members.

Compliance Requirements:

a) Food, drink, utensils and equipment shall not be handled by any person who is infected with any communicable disease or who is a carrier of such disease, who has gastro-intestinal symptoms, sore throat, presumably infected wound, sore or lesion of the arm, hand or other exposed part of the body.

b) All employees shall wear clean outer garments and shall keep their hands clean while on duty at a day care or early childhood facility.

c) Employees shall wash their hands prior to returning from a toilet to any part of a day care or early childhood facility; hands shall be washed prior to the preparation of food or drink.

d) Hair nets, head bands, hair spray or caps shall be required when necessary to keep the hair neat and confined while food and drink are being prepared.

e) Employees shall not expectorate or use tobacco in any form while food is prepared or served.

Section 1403 HEALTH AND CLEANLINESS OF CHILDREN

Regulation 2. Personal health practices of the children shall minimize the transmission of infecting agents and generally protect the health of the other children and staff at the facility.

Compliance Requirements:

a) Any food served to or eaten by the children shall not be eaten by another child or returned to the kitchen for reuse.

b) Children shall wash their hands prior to eating.

c) Each day care or early childhood facility shall have a continuous program to instruct the children in the proper and sanitary use of toilet facilities.

d) All children shall be instructed and are required to wash their hands with soap and warm water and to dry their hands with a clean towel after they use the toilet.

e) The toilet shall be flushed after each child uses it.

Section 1404 Toilet and Lavatory Facilities

Regulation 3. Every Day Care facility shall be provided with adequate and conveniently located toilet facilities. There shall be one toilet and lavatory facility for every 15 children in all facilities licinsed after July 1, 1974, except that this requirement may be waived by the board of health for good cause upon such terms and conditions as the Board deems appropriate.

Facilities licensed before July 1, 1974 shall have one toilet and lavatory facility for every 20 children. All toilet rooms shall be kept in clean condition, good repair, well lighted and ventilated.

Compliance Requirements:

a) Toilet facilities shall be scrubbed and disinfected daily, or more often if necessary.

b) Toilet paper shall be available at all times at each toilet facility and shall be maintained in a sanitary manner.

c) There shall be hot and cold running water under pressure at each lavatory facility; all day care centers, or newly installed lavatories at other facilities, shall be required to have a combination hot-cold water faucet.

d) The hot water supplied to wash basins should not be hotter than 140 degrees Fahrenheit (F) and not less than 110 degrees F.

e) Soap and individual clean cloth or paper towels shall be available to the children at each lavatory facility at a height that is accessible to the children. The use of a common towel is prohibited.

f) All lavatories that are stahdard size shall be provided with safe step stools for the children's use.

g) Toilet rooms shall be ventilated to the outside air by a window or by an electric exhaust fan.

h) All toothbrushes shall not be stored over other toothbrushes, soap, towels or drinking cups.

i) All floors shall be smooth and easily cleanable.

Section 1405 INFANT CARE

Regulation 4. A day care facility which provides care for children under 2 years shall provide adequate programs and facilities for the changing of diapers, feeding of infants and sleeping facilities.

Compliance Requirements:

a) A separate area shall be provided for the changing and storage of diapers; this area shall not be included in the food preparation area.

b) A sturdy changing table for children in diapers shall be provided; this table shall be of an appropriate height and easily cleanable.

c) Disposable towels shall be provided.

d) All wastes from soiled diapers shall be emptied into the toilet, and the toilet shall be flushed immediately. Disposable diapers shall be either wrapped in newspaper or placed in a plastic or other bag for this purpose and then placed in a covered trash container.

e) Soiled diapers shall be placed in a plastic lined covered container which shall be emptied, cleaned and disinfected daily.

f) An adequate supply of clean diapers and sheets shall be available at all times, preferably of a disposable type, or provided by a commercial laundry service; if diapers are clcaned at the facility they shall be washed daily and separately.

g) Toilet training chairs shall be provided for use by children under 3 years of age.

h) Toilet training chairs shall be emptied promptly after use; washed with soap and water; sanitized; and wastes shall be disposed of in a sanitary manner. The kitchen sink shall not be used for the cleaning of toilet training chairs or the disposal of toilet wastes.

i) Wet or soiled clothing shall be changed promptly; an adequate emergency supply shall be available.

j) The parents of the infant shall be permitted to supply formula for their own child, provided it is already prepared and in the bottle; the formula shall be kept under refrigeration.

k) The only approved method for preparing non-commercial formula shall be terminal sterilization.

l) All formula or left over milk shall be discarded after the baby has been fed; formula or milk shall not be stored in the refrigerator longer than 48 hours.

m) Day care or early childhood facilities shall not blend their own baby food.

n) Sleeping facilities for infants shall be kept clean; sheets and bedding shall be changed and washed between use by different children, and changed and washed weekly if used by the same child.

o) All wet and soiled sheets and blankets shall be changed, and clean sheets and blankets shall be provided.

Section 1406 THE PREMISES

Regulation 5. The premises, both indoors and outdoors, in which a day care or early childhood program is operated shall be free from safety and health hazards and shall be maintained in a clean and orderly manner.

Compliance Requirements:

a) All rooms used for day care or early childhood activitien shall have artificial lighting that will provide a minimum of 50 foot-candles of light without significant glare at 30" above the floor.

b) All heating facilities shall be capable of maintaining a draft free temperature of 68 degrees Fahrenheit (F) one foot above the floor.

c) All floors, walls and ceilings shall be maintained in good repair.

d) All ground areas shall be well drained and free from depressions in which water may stand.

e) The premises shall be free from accumulated refuse, dilapidated structures and other health and safety hazards.

f) Furniture, equipment, and toys shall be sturdy, clean, without sharp edges and shall present minimal hazards to the children.

g) All painted surfaces accessible to children shall be free of toxic material. Lead base paint is prohibited.

h) All poisonous compounds including those used in rodent control and cleaning shall be clearly labeled as "poisons" and shall be securely stored in a place inaccessible to children and away from food, drink and utensils.

i) Devices that constantly diffuse air-borne chemicals that are harmful to humans shall not be used to control flies or other insects.

j) All structures used for day care or early childhood programs shall be protected from flies, roaches, rodents and other insects and vermin.

k) Cleaning of the premises and equipment shall be performed on a regular basis. Evidence of this shall be a clean facility.

l) Pet turtles and parakeets are prohibited from the premises.

Section 1407 WATER SUPPLY

Regulation 6. A potable water supply of sufficient quantity is required for all day care and early childhood facilities. Compliance Requirements:

a) Water from a public water system must be in compliance with the Department of Health's "Public Water System Regulations".

b) All private water supplies shall conform with the construction operation and sanitation standards as published in the "Rural Water Systems" pamphlets published by the Department of Health.

c) The water supply shall be capable of furnishing an adequate quantity of water at pressure necessary for optimum performance of equipment during all times of operation; a minimum residual pressure of 20 pounds per square inch pressure is required during maximum draft at taps.

d) All plumbing associated with the water supply system shall be installed and maintained in accordance with the applicable plumbing code.

e) Water supply employing water haulage (tank truck haulage, containers, etc.) in the distribution system will be approved only in emergency situations Prior approval must be obtained from the Sanitarian of the Licensing & Regulation Unit.

Section 1408 DISPOSAL OF WASTES

Regulation 7. All wastes shall be stored and disposed of in an approved manner. All plumbing shall be designed, installed and maintained in accordance with the applicable plumbing code, in order to prevent contamination of the water supply, food, drink, utensils or equipment.

Compliance Requirements:

a) All plumbing fixtures and building sewers shall be connected to a public sewer when there is one available.

b) Where a public sewer is not available, a private disposal system shall be designed and constructed and operated as prescribed in the Manual of Septic Tank Practice published by the U. S. Department of Health, Education and Welfare, Public Health Service.

c) All garbage not quickly disposed of through automatic garbage grinders and trash, both indoors and out, shall be stored in metal watertight, rodent-proof containers with tight fitting lids.

d) All garbage, trash and other waste material shall be removed from the premises as frequently as may be necessary to prevent nuisance, overflow, unsightliness, rat harborage and food for rats.

e) All plumbing shall comply with the applicable plumbing code and be designed and installed to prevent contamination of the water supply through interconnections and back-siphonage from fix-tures and equipment and to prevent contamination of food, drink, food bearing surfaces, utensils and equipment through sewage back flow.

Section 1409 KITCHEN FACILITIES

Regulation 8. Food preparation shall be carried on in a clean kitchen adequately equipped and with clean-up facilities appropriate for the maximum number of children and staff at the facility.

Compliance Requirements:

a) At a day care or early childhood facility when an automatic dishwasher is not available for use dishes shall be washed in hot (120 degrees F.) soapy water, rinsed in hot clean water and immersed for at least two minutes in an approved bactericide, and air-dried. Hot water for the automatic dishwasher shall be 140 degrees F. for washing.

1) In a Day Care Home a family kitchen in good repair, shall be acceptable. A domestic dishwasher is acceptable for washing dishes; otherwise, dishes shall be washed subject to the procedures stated in Section (8) (a).

2) In a Group Day Care Home a family kitchen in good repair, shall be acceptable. A domestic dishwasher is acceptable for washing dishes; otherwise, there shall be a two compartment sink with adequate space and drainboards, and dishes shall be washed subject to the procedures stated in Section (8) (a).

b) In a Day Care Center there shall be at least adequate food preparation and storage space per number of licensed children and staff members at the facility; equipment shall include adequate refrigeration, tabletop space sufficient to allow for sanitary food preparation and adequate food storage facilities, a dishwasher with a 180 degrees F. rinse cycle and/or a three compartment sink with an adequate space for drainboards, and dishes shall be washed subject to the procedures stated in Section (8) (a).

c) All day care or early childhood facilities using single service utensils shall not be subject to the dishwashing requirements in (8) (a) and/or (8) (b).

d) When children bring their own lunch to a day care or early childhood facility the food preparation area shall consist of adequate refrigeration and a sink with hot and cold water.

e) Hot and cold water under pressure shall be available in all rooms where food or drink is prepared or utensils are washed.

f) All kitchen sinks shall be equipped with individual cloth or paper towels and soap for handwashing by food service personnel.

g) All floors, walls and ceilings in the kitchen shall be so constructed that they are smooth, washable and have a grease resistant surface.

h) Surfaces coming into contact with food or drink shall be easily cleanable and in good repair, and shall not be made of a toxic material.

i) All machinery and equipment used in connection with the operation of the kitchen shall be so constructed and arranged as to be easily cleanable, and shall be kept in good repair.

j) The food preparation area shall not be used for other activities when food or drink is being prepared or served.

Section 1410 WHOLESOMENESS OF FOOD AND DRINK

Regulation 9. All food and drink shall be clean, wholesome, free from spoilage and shall be safe for human consumption.

Compliance Requirements:

a) All food and drink shall be stored, prepared and displayed in such a manner as to be protected from dust, flies, vermin, depredation by rodents, droplet infections, overhead leakage and condensation, sewage backflow and other contamination. All storage shelves shall be constructed so they are 18" off the floor.

1) Food and drink shall not be stored, prepared or displayed beneath sewer pipes unless such pipes are protected against leakage or condensation reaching the food or drink.

2) Facilities constructed or remodeled after July 1, 1974 shall be so designed that no soil or drainage pipes are located over a food preparation, storage or serving area.

b) All readily perishable or readily contaminated food or drink shall be refrigerated at or below 45 degrees F. except when being prepared or served. All readily perishable or readily contaminated hot foods shall be kept at or above 150 degrees F.

1) All readily perishable food shall not be kept at room temperature for more than one hour while being prepared or served.

2) All readily perishable or readily contaminated frozen food shall be thawed at or below 45 degrees F. or above 150 degrees F.

3) Readily perishable food not in original container shall be stored in the refrigerator in covered shallow pans not more than 3" in depth to promote rapid cooling.

4) Food and containers of food shall be so stored in the refrigerator as to permit free circulation of cool air, and in such a manner as to prevent contamination.

5) Readily perishable or readily contaminated food or drink shall not be prepared outside a facility without the proper equipment for transfer to the facility.

c) Children shall be permitted to bring their own lunches provided that the lunches are placed under refrigeration upon arrival at the facility.

d) All milk, fluid milk products, ice cream and frozen desserts shall be obtained from sources approved by the Vermont State Department of Agriculture.

e) Fresh fruit and vegetables shall be thoroughly washed before use.

f) All pork and pork products, chicken and chicken products, shall be cooked until all signs of redness have disappeared.

g) All spoiled fruit, vegetables, and other foods or drink, swelled, rusty or leaky canned food or drink, or food or drink exposed to fire, smoke or water damage shall be promptly disposed of.

h) All oysters, clams, mussels or other shellfish shall come from a source that is currently certified by the United States Public Health Service.

i) All foods exposed to sewage and other drainage, to vermin or insect excretion, or to depredation by any animal, and food or drink containing insects, hairs, or other filth shall be promptly disposed of.

j) Live animals, fowl or birds shall not be kept or allowed in any rooms where food or drink is being prepared.

Section 1411 STORAGE OF AND HANDLING OF UTENSILS AND EQUIPMENT

Regulation 10. All utensils and equipment shall be stored in a clean, dry space, free from insects, splash, dust and other contamination; and shall be handled in such a manner as to prevent contamination.

Compliance Requirements:

a) All containers and utensils shall be stored off the floor, unless otherwise protected against any form of contamination.

b) Utensils shall be covered or inverted at all times when not in use.

c) Containers and utensils shall not be handled by the surfaces which come in contact with food or drink.

d) Paper cups, plates, straws, spoons, forks and other single service containers and utensils shall be purchased in sanitary cartons and stored in a clean and dry place until used. After removal from the cartons, these articles shall be placed in dispensers or so stored that the food contact surfaces are not exposed to sources of contamination; single service utensils shall be used only once.

Section 1412 VENTILATION

Regulation 11. All newly constructed day care centers and early childhood facilities shall meet the ventilation standards for instructional areas of the Vermont State Department of Health, Schoolhouse Regulations. All existing facilities shall be well ventilated.

Compliance Requirements:

a) All rooms have at least one openable window, unless artificial ventilation is used as supplement or substitute; minimum ventilation shall be 4 cfm per occupant.

b) All rooms must be sufficiently ventilated to be reasonably free of disagreeable odors, condensation and toxic gases.

Section 1413 NEW CONSTRUCTION OR RENOVATION

Regulation 12. Plans, specifications for construction, major alterations or major repair of building used for day care or early childhood facilities in the State of Vermont, including details for the plumbing, heating, lighting, ventilation, water supply and sewage disposal shall meet the requirements of these regulations; these plans shall be submitted to the Division of Environmental Protection, Agency of Environmental Conservation, Montpelier, Vermont.

EH-16

13-015 Code Vt. R. 13-140-015-X

Effective Date: August 14, 1974
AMENDED: January 30, 1980 (SOS Rule Log # 80-4)