Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-1-20 - Environmental Safety20.1. A center shall take all necessary precautions to ensure an accident-free and smoke-free environment for the children, staff members and visitors to the center. 20.1.a. Smoking and tobacco product use by anyone is prohibited on the premises and everywhere in the presence of children.20.1.b. Smoking is prohibited anytime in vehicles operated by the center, even in the absence of children.20.1.c. All tobacco products, lighters, and matches shall be kept out of the children's reach and sight.20.2 Safety of Premises, Furnishings, Equipment, and Supplies. A center shall: 20.2.a. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children;20.2.b. Only use furnishings, equipment and supplies that meet the standards of the Consumer Product Safety Commission (CPSC) and shall not use any product recalled by the CPSC;20.2.c. Position indoor and outdoor furnishings, equipment, and supplies to: 20.2.c.1. Allow a child freedom to participate in center activities;20.2.c.2. Permit direct access to emergency exits; and20.2.c.3. Provide clear sight lines for staff supervision;20.2.d. Ensure that sleeping equipment, including cribs, cots, and beds are a minimum of 24 inches apart from each other on all sides;20.2.e. Maintain a temperature not less than 68 degrees Fahrenheit at floor level and not higher than 85 degrees Fahrenheit, in all rooms occupied by a child;20.2.f. Ensure sufficient lighting by:20.2.f.1. Providing a minimum of 50 foot-candles of illumination at floor level, in rooms occupied by a child for program activities;20.2.f.2. Providing at least 30 foot-candles of illumination at floor level in areas not occupied by a child;20.2.f.3. Providing light for supervision when a child is sleeping; and20.2.f.4. Provide outdoor lighting at all entrances and exits used by a child when a center operates evening or night time programs.20.3. Potential Hazards of Premises, Furnishings, Equipment, and Supplies.20.3.a. Firearm Prohibition. A center shall prohibit firearms unless carried by a regulatory or law enforcement professional in the line of duty; and shall prohibit projectile weapons, including pellet or BB guns, darts, cap pistols, bows and arrows, slingshots, and paint ball guns.20.3.b. Hazardous Chemical and Toxic Items. A center shall ensure that:20.3.b.1. Products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies, not clearly labeled as "nontoxic," are inaccessible to the children in a locked cabinet away from food, and when possible, stored in their original containers and never in containers originally designed for food; and20.3.b.2. For each product containing potentially hazardous chemicals, a center has on file a material safety data sheet, available at the point of purchase or from the manufacturer.20.3.c. Lead Paint. A center shall seal or remove lead paint from the premises according to current safety standards and at a time when the children are absent during the entire sealing or removal process. The center shall secure approval from the Health Department prior to implementing a plan to deal with lead paint.20.3.d. Electrical Equipment. 20.3.d.1. Electrical cords. A center shall ensure that each electrical cord is insulated and in good repair.20.3.d.2. Extension cords and plug-in strips. A center shall not use an electrical extension cord except on a temporary basis, but if using it shall ensure that the cord is in good repair. A center may use an electrical multiple plug-in strip with a circuit breaker in good repair.20.3.d.3. Electrical Outlet. A center shall ensure that when an electrical outlet within reach of a child younger than school age is not in use, it is protected by a cover.20.3.d.4. Electrical Appliance. A center shall not locate an electrical appliance in an activity area used by a child except for a brief period when an adult supervises the use of the electrical appliance for a program.20.3.e. Microwave Oven. If a center uses a microwave oven, the center shall train staff members in the correct use and potential dangers of the oven and post a warning on or near the oven to check the temperature of food heated in the oven before feeding it to a child.20.3.f. Heating Devices. A center shall provide a shield to protect the children from a hot pipe or radiator and shall not use unvented fuel fire heaters.20.3.g. Doors. A center shall ensure that: 20.3.g.1. All doors close properly, and fire doors are closed at all times; and20.3.g.2. All clear glass doors are clearly marked at the children's eye level.20.3.h. Floors. A center shall firmly anchor all floor coverings.20.3.i. Barriers and Gates. The center shall ensure that: 20.3.i.1. All temporary walls or items being used as physical barriers are firmly anchored or cannot be moved or tipped by a child so that they pose no threat to the safety of the child; and20.3.i.2. Stairways to which the child has access have appropriate railings and safety gates or other barriers at the top and bottom.20.3.j. Strings, Cords and Hanging Items.20.3.j.1. When a child wears a piece of clothing with a drawstring, a center shall: 20.3.j.1.A. Inform the child's parent of the potential risk of strangulation; and20.3.j.1.B. Ensure that prior to the child's participation in an activity, staff members remove or secure any drawstring that might pose a risk to the child.20.3.j.2. Pacifiers. A center shall ensure that a pacifier attached to a string or ribbon that is six inches or more in length, is not placed around a child's neck or affixed to the child's clothing.20.3.j.3. A center shall ensure that a child under school age does not have access to a string or cord that is six inches or more in length and attached to a fixed object, such as a window shade, or access to other hanging items, such as a tablecloth.20.4. Outdoor Safety. 20.4.a. Barriers and Exits. 20.4.a.1. A center shall ensure that the outdoor activity area for a child under school age: 20.4.a.1.A. Is enclosed on all sides by a natural barrier or secure fence that is at least four feet high with a bottom edge that is less than three-and-a-half inches from the ground;20.4.a.1.B. If it has a fence, the fence has no openings greater than three-and-a-half inches;20.4.a.1.C. If it has a natural barrier, the barrier has the strength and density to prevent humans and animals from entering or exiting the playground;20.4.a.1.D. If it is attached to a building, the barrier or fence provides at least two exits from the play area, including one exit that is at a distance from the building; and20.4.a.1.E. When it has an exit that does not lead directly indoors, that it is protected by a gate equipped with a closure mechanism that is out of the reach of a small child and prevents the child from leaving the play area but can be easily opened by an adult.20.4.a.2. A center may use an unenclosed outdoor activity area for school-aged children if it is determined to be hazard-free by the Secretary.20.4.b. Surfaces for Play Area. A center shall ensure:20.4.b.1. That the play area has more than one type of surface, including a surface that is suitable for children's wheeled vehicles and pull toys;20.4.b.2. That the surface of the play area in an equipment use zone complies with the current Consumer Product Safety Commission's publication entitled "Public Playground Safety Handbook," publication # 325, sections 2.4. et seq. and 5.3. et seq. A licensee whose outdoor space was approved prior to July 1, 2014, and who remains in compliance with the previous rule, and who does not undergo renovation or relocation of the outdoor space, has until July 1, 2018, to comply with the current requirements.20.4.c. Hazards. A center shall ensure that: 20.4.c.1. The play area is well drained and free of debris;20.4.c.2. The outdoor environment is clear of hazards and all potential hazards such as heat pumps, air conditioning units, wiring, meters, and telephone boxes, are inaccessible to the child;20.4.c.3. The child is protected from moving vehicles; and20.4.c.4. When there is reason to believe that exposure to the soil in the outdoor activity area might harm the child, it has on file evidence that the soil does not contain hazardous levels of any toxic chemical or substances.