Cal. Code Regs. Tit. 22, § 101238 - Buildings and Grounds
(a)
The child care center shall be clean, safe, sanitary and in good repair at all
times to ensure the safety and well-being of children, employees and visitors.
(1) The licensee shall take measures to keep
the center free of flies, other insects, and rodents.
(2) The licensee shall safely dispose of
water and any disinfectants/solutions that have been used for
cleaning.
(b) All
children shall be protected against hazards within the center through provision
of the following:
(1) Protective devices
including but not limited to nonslip material on rugs.
(c) All outdoor and indoor passageways,
stairways, inclines, ramps, open porches and other areas of potential hazard
shall be kept free of obstruction.
(d) General permanent or portable storage
space shall be available for the storage of the center's equipment and
supplies.
(1) Such equipment and supplies
shall be stored in this space and shall not be stored in space used to meet
other requirements specified in this chapter.
(e) All licensees shall ensure the
inaccessibility of pools, including swimming pools (in-ground and
above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or
similar bodies of water, through a pool cover or by surrounding the pool with a
fence.
(1) Fences shall be at least five feet
high and shall be constructed so that the fence does not obscure the pool from
view. The bottom and sides of the fence shall comply with Division 1, Appendix
Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the
aforementioned requirements for fences, gates shall swing away from the pool,
self-close and have a self-latching device located no more than six inches from
the top of the gate. Pool covers shall be strong enough to completely support
the weight of an adult and shall be placed on the pool and locked while the
pool is not in use.
(A) If licensed prior to
June 1, 1995, child care centers with existing pool fencing shall be exempt
from the fence requirements specified in Section
101238(e)(1)
until such fence is replaced or structurally altered. If the licensee replaces
or alters the fence, it shall meet the requirements specified in Section
101238(e)(1).
(2) Where an above-ground pool structure is
used as the fence or where the fence is mounted on top of the pool structure,
the pool shall be made inaccessible when not in use by removing or making the
ladder inaccessible or erecting a barricade to prevent access to decking. If a
barricade is used, the barricade shall meet the requirements of Section
101238(e)(1).
(f) All in-ground pools, and all above-ground
pools that cannot be emptied after each use shall have an operative pump and
filtering system.
(g)
Disinfectants, cleaning solutions, poisons and other items that could pose a
danger if readily available to children shall be stored where inaccessible to
children.
(1) Storage areas for poisons shall
be locked.
(2) Firearms and other
weapons shall not be allowed on or stored on the premises of a child care
center.
(h) Medicines
shall be stored as specified in Section
101226(e) and
separately from items specified in Section
101238(g)
above.
(i) The items specified in
Section 101238(g) above
shall not be stored in food-storage areas or in storage areas used by or for
children.
Notes
2. Amendment of subsections (f)-(f)(2) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, and 1596.81, Health and Safety Code.
2. Amendment of subsections (f)-(f)(2) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
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