Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32

ENVIRONMENT AND SAFETY

128. 
     General condition of the facility and surrounding premises.
     

1. 
   The facility and surrounding premises must show evidence of routine maintenance. Repair of wear and tear must be made in a timely fashion.
   

2. 
   The facility must take immediate steps to correct any condition in the physical facility or on the premises, which poses a danger to children’s life, health, or safety.
   

129. 
     Code compliance
     

1. 
   Local codes and ordinances. The facility must maintain, and provide to the department on request, documentation that indicates that the facility complies with local codes and ordinances, including zoning.
   

2. 
   State Fire Marshal's Office approval. Prior to initial operation and on an biennial basis, the facility must receive approval from the State Fire Marshal's Office or designee.
   

3. 
   Satisfactory water. The facility must, prior to initial operation and annually thereafter, submit a written satisfactory water analysis report completed by the Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, or other approved laboratory, if the facility's water is from any source other than an approved public water supply.
   

4. 
   Satisfactory lead levels. Child Care Facilities must have an annual screening for potential lead hazards. A facility may be exempt from this screening if:
   

1. 
   The facility was constructed in 1978 or later;
   

2. 
   The facility has been certified as lead-safe within the previous twelve (12) months;
   

3. 
   The facility has been certified as lead-free; or
   

4. 
   The facility does not serve any children under six (6) years of age.
   

130. 
     Sanitation, health, and safety. The premises, toys, and equipment must be kept in a state of cleanliness and maintained in a condition ensuring health and safety.
     

131. 
     Buildings, space, furnishings and equipment
     

1. 
   Minimum usable space. The facility must provide a minimum net area of thirty-five (35) square feet of usable space per child.
   

1. 
   Areas not to be calculated as usable space include but are not limited to: hallways, lockers, cubbies, door swings, closets, supply cabinets, corridors, bathrooms, teachers’ spaces, food preparation areas, and offices.
   

2. 
   The maximum child occupancy of any playroom must not exceed the usable space per child requirement at any time, except for large group activities as reflected in the written program schedule, required in Section 15.1.7.
   

2. 
   Heating, temperature
   

1. 
   A minimum temperature of at least sixty-eight (68) degrees measured within two (2) feet of the floor must be maintained for children's playrooms during the heating season.
   

2. 
   Heating units must be safeguarded in a manner to prevent injuries and burns.
   

3. 
   Portable heaters, except those approved by the Department of Public Safety, State Fire Marshal's Offices, are prohibited.
   

4. 
   If indoor temperatures exceed 82 degrees Fahrenheit, then measures must be taken to cool the children.
   

3. 
   General safety
   

1. 
   All stairs used by children must be equipped with a solidly mounted handrail.
   

2. 
   All stairs in areas used by infants, toddlers, and pre-school age children must be enclosed by walls or railings or protected by a gate or door.
   

3. 
   Electrical outlets in areas used by infants, toddlers, and pre-school age children must be protected by safety caps, plugs, or other means.
   

4. 
   Lead paint must not be used on toys, furniture or any interior surfaces.
   

5. 
   All medications, cleaning supplies, toxic substances, matches, lighters, power tools, and items dangerous to children must be stored in such a way as to be inaccessible to children, even in rooms that are not used by children.
   

6. 
   Weapons, firearms, and ammunition are prohibited in child care facilities.
   

4. 
   Lighting and Ventilation
   

1. 
   Every room, hallway and stairway used by children must be well-lighted.
   

2. 
   Natural light is required in any room in which any child's attendance exceeds four (4) hours per day.
   

3. 
   Doors and windows used for ventilation must be equipped with securely fastened screens.
   

4. 
   Every room, hallway, and stairway used by children must be adequately ventilated.
   

5. 
   Smoking is prohibited on the premises when children are present. This includes all indoor and outdoor areas used by the facility, where children may be present.
   

5. 
   Furnishings
   

1. 
   Easily accessible and individual space must be made available for children's outside clothing and personal possessions.
   

2. 
   A telephone (non coin-operated) in working condition must be available in the facility.
   

3. 
   A separate mat, bed, or cot with blanket or sleeping bag must be provided to each toddler and pre-school age child in care for more than four hours per session.
   

4. 
   At least two feet of space must be provided between mats, cots, and cribs when in use.
   

5. 
   Mats, cots, and blankets must be assigned and labeled for each child or disinfected prior to use by a different child.
   

6. 
   Cots, mats, and blankets must be kept clean.
   

7. 
   The facility must assign each child his/her own toilet articles (toothbrush, brush, comb, etc.) and personal items (towel, drinking glass) when the use of such is offered.
   

6. 
   Toilet facilities
   

1. 
   One toilet and washbasin is required for every twenty (20) children.
   

2. 
   A step, low platform or other means must be provided to children needing assistance in reaching toilets or washbasins.
   

3. 
   Disposable paper products shall be utilized. Alternatively, clean individually assigned washcloths and towels may be distributed for a maximum of one day's use.
   

4. 
   Washing and toilet facilities with both hot and cold running water and soap must be provided.
   

5. 
   Water supply and sewage disposal must meet the standards of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health.
   

6. 
   The facility must provide a means of maintaining a water temperature of 120° Fahrenheit or less in taps available for use by children.
   

7. 
   First aid. The facility must be equipped with at least one easily accessible first aid kit and a current manual of first aid measures. The type and quantity of supplies is to be determined by current guidelines of the American Red Cross or other recognized health organization or by the facility's Health Consultant.
   

132. 
     Outdoor play area
     

1. 
   Access to sufficient outdoor space. The facility must have access to an outdoor play area with sufficient space for safe play for all children.
   

2. 
   Hazardous outdoor conditions. Where hazardous conditions exist in the outdoor play area, the children shall be protected from those conditions by fencing or other appropriate barriers.
   

3. 
   Outdoor supervision. All parts of the playground must be under constant view of the supervising staff.
   

4. 
   Playground exits. There must be an exit from the playground other than through a building.
   

5. 
   Surfaces. Surfaces used under climbers, swings and at the bottom of slides must be energy absorbing material such as grass, mulch, sand, or bark. Concrete or asphalt must not be used.
   

6. 
   Safe outdoor play equipment. Outdoor play equipment must be safely constructed and of a size suitable to the age and needs of all children. Play equipment, including pools, must be adequately spaced apart to prevent injuries.
   

7. 
   Drainage. Play areas must be well drained.
   

8. 
   Hazard free play area. The play area must be free of hazards and inspected by staff daily, prior to children having access to the area.
   

9. 
   Sand or sawdust. Sand or sawdust boxes or piles must be in a safe and sanitary condition.
   

10. 
    Sun and shade. Outdoor play areas must provide both shade and sun.
    

11. 
    Safe equipment.
    

1. 
   All swings, climbing equipment, and slides must be securely fastened to the ground.
   

2. 
   Commercially manufactured indoor/outdoor equipment specifically designed to be stable and safe without being fastened to the ground or floor shall be allowed under this rule.
   

133. 
     Fire evacuation drills
     

1. 
   Monthly fire drills. Fire evacuation drills must be conducted at least once a month for all children and adults present using at least two (2) means of exit.
   

2. 
   Fire drill procedures. Fire drills must be conducted according to policies and procedures that are posted in each room utilized by children.
   

3. 
   Record of fire drills. A record of drills must be available for inspection by the Department of Health and Human Services, the Department of Public Safety, State Fire Marshal's Office, and local fire inspectors.
   

134. 
     Animals in the facility. When animals are in a facility, supervision must be such to ensure that neither children nor the animals are injured. There must be proof of rabies vaccinations for household dogs and cats. Pets must not present a danger to children or guests. The facility must be free of pet odors and waste must be disposed of regularly. All indoor and outdoor areas used by children must be free from pet waste.
     

135. 
     Swimming Pools
     

1. 
   Swimming pools must be registered. On-premises swimming pools over twenty-four inches (24”) deep at any point must be registered by the Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health.
   

2. 
   Swimming pool cleanliness. Swimming or wading pools shall be cleaned and emptied daily or equipped with a filtration and/or treatment system.
   

1. 
   The water in a swimming pool must have sufficient clarity. The bottom must be clearly visible in the deepest part of the pool.
   

2. 
   Any facility that operates a swimming pool over twenty-four inches (24”) deep at any point must be in compliance with Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health Rules Relating to Public Swimming Pools and Spas.
   

3. 
   Swimming pools when not in use. Swimming or wading pools must be emptied or removed from play areas when not in use or must be otherwise protected by fencing or suitable barriers to prevent access by children without staff approval, observation and supervision.
   

1. 
   All in-ground pools located in areas accessible to the children must be fenced. The fence must be at least four (4) feet in height and secured with a locked gate.
   

2. 
   All above-ground pools must have non-climbable sidewalls that are at least four (4) feet high or must be enclosed with a fence in accordance with section 18.8.3.2 (above). When the pool is not in use, steps must be removed from the pool or otherwise protected to prevent unsupervised access.
   

4. 
   Emergency telephone. All pools must have an accessible emergency telephone located in the pool area. The telephone must be able to dial directly for emergency assistance.