10-148 C.M.R. ch. 33, § 14 - ENVIRONMENT AND SAFETY
A.
General
condition of the building and surrounding Premises. A Provider must take
immediate steps to correct any condition in the physical building or on the
Premises, which poses a danger to Children's life, health or safety.
1. Stairs used by Children must be equipped
with solidly mounted handrails.
2.
Stairs must be enclosed by walls or railings. Stairs in areas used by Infants,
toddlers and preschool Children must be protected by a gate or door.
3. Electrical outlets in areas used by
Infants, toddlers and preschool Children must be protected by safety caps,
plugs, tamper-resistant outlets, or other means.
4. Any Medications, Toxic Substances,
Hazardous Materials, and other items dangerous to Children such as matches,
lighters, fireworks, and power tools must be kept where Children cannot access
them.
5. Smoking is prohibited on
the Premises when Children are present.
6. Strings and cords long enough to encircle
a Child's neck (six inches or more) must not be accessible to Children unless
the Child is engaged in a recreational or educational activity with an
Adult.
7. Equipment with an
electrical cord must be anchored to the wall to prevent falling, or the cord
must be inaccessible to Infants, toddlers and preschool Children.
8. The Provider must have a phone in working
condition on the Premises.
9. A
Provider may Lock the main entrance of their home and/or the Premises to
prevent access from the exterior, provided that the door can be freely opened
from the interior and there is a means to inform the Provider of the arrival of
Parents/Legal Guardians or other visitors.
10. Toys and equipment must be kept clean and
in safe working order.
11. The fall
zone under and around all indoor play equipment which would buffer a fall from
a height of more than 29 inches must be covered with shock-absorbing mats or
materials which extend at least 39 inches beyond the outside edge of the
equipment in all directions. If the play structure exceeds 48 inches in height,
the shock absorbing mat must be at least two inches thick.
12. Furnishings, other heavy items, and/or
items that could easily tip over or are unstable must be secured to the wall or
floor.
13. The provider must Clean
surfaces daily in all areas where Children are present. Cleaning products must
not be used in close proximity to Children and adequate ventilation must be
maintained during use.
14. Children
are not allowed to be near power equipment while it is being operated and power
equipment must be stored out of reach or have safeguards to prevent any Child
from being injured when not in use.
15. Provider's purses, bags, Medications and
other belongings must be inaccessible to Children.
16. All entrances and exits must be clear for
evacuation at all times.
17.
Providers must empty trash, recycling, and compost containers and remove the
contents from childcare space when the containers are filled, or sooner if
contents create an odor or a health risk.
B.
Outdoor playtime and indoor
activities.
1. Children in attendance
for more than four hours and over the age of 12 months shall have a minimum of
60 minutes of active play outdoors daily. Infants must go outside at least once
daily.
2. When weather presents a
risk to Children in accordance with Child Care Weather Watch and the Air
Quality Index as provided below, gross motor activity will be substituted for
outdoor time.
3. Provider must
monitor the local weather and follow the recommendations of the Department's
Child Care Weather Watch, which can be accessed at
https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/documents/ocfs/childrens-licensing-and-investigation/documents/WeatherWatch.pdf
4. Provider must monitor the local air
quality index as reported by the United States Environmental Protection Agency,
which can be accessed at https://www.airnow.gov/. If the air
quality index is "Unhealthy for Sensitive Groups" (USG) or higher, Children
must be kept indoors.
5.
Television, video viewing, and/or use of the computer or hand-held electronic
devices shall be educational, age appropriate, and limited to ninety minutes or
less per day. Alternative activities for children must be made available during
these times
C.
Satisfactory lead levels. Providers must comply with 22 MRS Ch.
252, Lead Poisoning Control Act, regarding the use of lead-based paint on toys,
furniture, or any interior or exterior surfaces.
1. Providers will have an annual screening
for potential lead hazards due to chipped and/or peeling paint.
2. A Provider will be exempt from this
screening if:
a. The building was constructed
in 1978 or later;
b. The building
has been certified as having no lead hazards and no lead-based paint within the
previous 12 months;
c. Lead-safe
status has been maintained by a re-evaluation performed 6 months after the
initial lead-safe certification and annually thereafter by a lead inspector or
risk assessor; or
d. The Provider
does not serve any Children under six years of age.
3. A lead inspection performed by a Maine
certified lead inspector or risk assessor must be completed if the screening
indicates the potential of exposure to lead paint.
4. If evidence of lead-based paint is found
in a home built prior to 1978, the Provider must provide written notification
to the Parents of all Children in care and prospective families of the
possibility of exposure to lead paint. The Provider must maintain in each
Child's record a written acknowledgement of receipt of the notification
required above.
5. All remediation
of lead paint and dust must be done following lead-safe work practices in
compliance with 10-144 CMR Ch. 292, Rules Relating to the Lead Poisoning
Control Act.
D.
Carbon monoxide. Providers must be equipped with a working carbon
monoxide detection system.
1. Equipment may be
individual electric (plug-in or hardwire) or battery-operated carbon monoxide
detectors that are certified by Underwriters Laboratories LLC(UL-Listed); or an
electronic carbon monoxide detection system connected to an electronic
alarm/smoke detection system that is UL-Listed.
2. At least one carbon monoxide detector must
be installed on every level of the home and the detector(s) must be installed
in compliance with the Maine Department of Public Safety, Office of the State
Fire Marshal or designee's instructions.
E.
Building temperature.
1. A minimum temperature of at least 65º
Fahrenheit measured within two feet of the floor must be maintained in spaces
occupied by Children.
2. If indoor
temperatures exceed 82º Fahrenheit, then Providers must use methods to
cool the space when occupied by Children.
3. Air conditioners, electric fans, and
heaters must be mounted and anchored out of all Children's reach or have
safeguards that keep any Child from being injured.
4. Portable electric space heaters must be
approved by the Maine Department of Public Safety, Office of the State Fire
Marshal or designee. Heating units must be shielded in a manner to prevent
injuries and burns and be installed and operated in accordance with the
manufacturer's specifications.
F.
Lighting and Ventilation.
1. Every room used by Children must be
properly lighted to allow safe movement through the space. Natural light is
required in any room used by Children for more than four hours per
day.
2. All indoor space used by
Children must be adequately ventilated.
a.
Windows should be open when outside temperature and air quality
allow.
b. Doors and windows used
for ventilation must be equipped with securely fastened screens.
c. The Provider must resolve any damp
conditions which result in visible mold, mildew, or musty odors before Children
may occupy the space.
G.
Minimum Usable Space. The
Provider must provide a minimum net area of thirty-five (35) square feet of
usable space per Child.Areas not to be calculated as usable space include
hallways, cubbies, door swings, closets, supply cabinets, and
bathrooms.
H.
Outdoor play
areas. The facility must have access to an outdoor play area, with
sufficient space for safe play for all Children, with drainage that prevents
standing water.
1. Where hazardous conditions
exist in the outdoor play area, the Children must be protected from those
conditions by fencing or other appropriate barriers.
a. Hazardous conditions include, but are not
limited to, roads, any bodies of water, active railroad tracks, sharp inclines
or embankments, or any other dangerous area.
b. Fencing should be a minimum of 48 inches
high. Any fully enclosed area must have at least one gate, which is secured
with a Childproof latching mechanism.
c. There must be an exit from the playground
other than through a building.
2. Outdoor active play equipment must be
arranged to allow providers to maintain line of sight supervision of Children
at all times.
3. Appropriately
fitted helmets must be worn for all activities when head injury risks are
present (e.g. bicycles, scooters, rollerblades, skateboards, snowboard, and/or
power wheels).
4. Equipment that
exceeds 36 inches in height at the climbable or standing surface shall have
energy-absorbing materials beneath it.
a.
Energy-absorbing materials include loose fill materials such as playground wood
chips, pea gravel, rubber tiles or mats, or sand.
b. Energy-absorbing material must extend
beyond the equipment in all directions to prevent injury in the event of a
fall.
c. If using loose-fill
energy-absorbing materials, all swings, climbers, and slides must have a
sufficient amount of energy-absorbing materials to prevent injury, based upon
equipment height.
d. Concrete or
asphalt must not be used.
5. A variety of equipment suitable for the
age and needs of all Children in care must be available. Climbers, swings and
slides must be firmly secured, clean, in proper repair and safely constructed;
and located at a sufficient distance to prevent injury from any hard surfaces,
including poles, fences, sheds and other play equipment.
6. The play area must be free of hazards and
visually inspected by a Provider daily, prior to Children having access to the
area.
7. Sandboxes or sand piles
must be maintained in a safe and sanitary condition.
8. Outdoor play areas must provide shade. The
provider shall ensure sun safety for Children by limiting sun exposure when UV
rays are strongest, wearing hats, or applying sunscreen (unless directed
otherwise by the Child's Parent). Infants younger than six months must stay out
of direct sunlight, and a Provider may not apply sunscreen to an Infant unless
the Child's Parent provides a physician's recommendation. Written documentation
from the physician must be stored in the Child's file.
I.
Weapons. Firearms, hunting
knives, bows and arrows, and other weapons kept on the Premises must remain in
a Locked case, closet, or cabinet inaccessible to Children during all hours of
operation.
1. Firearms must be kept unloaded.
Ammunition must be Locked in a separate location from weapons.
J.
Materials, toys and
equipment. Materials, toys, and equipment must be Developmentally
Appropriate for Children enrolled.
1. Infants:
A sufficient variety of toys, music and books designed to stimulate curiosity,
small and large muscle development, hand-eye coordination, and the senses of
sight, sound and touch.
2. Toddlers
and preschool Children: A sufficient variety to offer activities in each of the
following areas: blocks, dramatic play, language and literacy, arts and crafts,
games and manipulatives (such as pegboards and puzzles), sensory activities
(such as sand and water), science and nature, and music.
3. School-age Children: A sufficient variety
to offer activities in each of the following areas: books and language, arts
and crafts, games, science and nature, and music.
4. Toys and equipment that have been recalled
through the manufacturer or the United States Consumer Product Safety
Commission (CPSC) must be removed from the Premises, repaired, or replaced
based on the recall information available.
5. The Provider must have access to extra
Children's clothing, in the event that clothes become soiled, damaged, or were
not provided for the activities of the day.
K.
Furnishings. The Provider
must be furnished to meet the needs of the Children served.
1. Easily accessible and individual space
must be made available for Children's outside clothing and personal
possessions.
2. The Provider 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.
3. When bathing facilities
are available:
a. Children must not take
baths together or share the same bath water;
b. Tubs or showers must be Cleaned before
being used by a different Child;
c.
Children must be given clean washcloths and towels; and
d. No Child under five years of age shall be
left unattended while in the bathtub or shower.
L.
Cribs, cots, and bedding.
1. A crib or play yard that meets Consumer
Product Safety Commission (CPSC) safety standards, available at
https://www.cpsc.gov/s3fs-public/5023.pdf,
must be provided for each Child up to 18 months of age.
a. No crib or play yard may be used for
sleeping by more than one Child at a time.
b. Double or multi-decked cribs are
prohibited.
c. Mats must be
waterproof or washable.
d. Each
crib must be equipped with a waterproof, firm, snug fitting mattress which is
positioned within two finger widths on all sides of the crib frame. Each play
yard must be used with the original mattress or a replacement specified by the
manufacturer.
e. Devices of any
type that restrict the movements of Children must not be used in
cribs.
f. Toys including mobiles
and other types of play equipment that is designed to be attached to any part
of the crib must not be used.
2. Bassinets that meet CPSC safety standards
may be used for Infants up to five months of age, within appropriate weight
limits. A provider may not use a bassinet for an Infant who can independently
lift their chest off the sleep surface.
3. Cribs, bassinets and play yards for
Infants less than 12 months old must not include soft or loose bedding
including, but not limited to: bumper pads, pillows, quilts, comforters,
blankets, sleep positioning devices, bibs or stuffed toys. Appropriately fitted
arms-free wearable blankets are permitted.
a.
Cots, mats, play yards, bassinets, and cribs used by any Infant or toddler must
be Cleaned and sanitized between use by different Children, when contaminated,
or at a minimum of once per week.
b. All crib, bassinet, and play yard
mattresses must be covered by a snugly fitted sheet.
c. Cribs, cots, beds, mats, or play yards
used for sleeping must be spaced at least 2 feet apart or separated by a solid
divider on one side.
4. A
separate mat, bed or cot, with a blanket or sleeping bag, must be assigned to
each Child under the age of five in care for longer than four hours. All
bedding must be cleaned before being used by another Child. Bedding must be
cleaned as needed, or at least weekly.
a.
Blankets, sleeping bags, bedding, cots, and mats must be stored in a manner
which ensures that sleeping surfaces are not touching or must be washed and
disinfected before re-use if stored in a manner that allows sleeping surfaces
to touch during storage.
b. Sheets
must be washed or changed before being used by another Child. Sheets and all
wearable blankets must be laundered as needed, but no less than
weekly.
M.
Toilet facilities. Washing and toilet facilities with both hot and
cold running water and soap must be provided.
1. A step, low platform, or other means must
be placed next to toilets and wash basins, for Children who need help reaching
and using them.
2. Providers must
not exceed a water temperature of 120° Fahrenheit in taps available for use
by Children.
3. Either disposable
paper products, or clean, individually assigned wash cloths and towels may be
used. Individually assigned washcloths and towels must be laundered
daily.
N.
Diapering/toileting.
1. Children
must be checked at a minimum of every two (2) hours for wet or soiled diapers
and clothing, and must be changed as soon as possible
2. Wet or soiled disposable diapers must be
placed in a lined, lidded container, separate from other trash or garbage and
separate from play or food-preparation areas, or individually bagged and tied
within a lidded shared garbage container.
3. Diapering must be done on a changing table
or washable vinyl mat which is Cleaned after each use or which has a disposable
single-use covering.
4. The
changing table or mat must not be located in the kitchen or food preparation
area.
5. Staff must wash their
hands and the Child's hands with soap and running water after each diaper
change.
6. For Children using cloth
diapers, the diaper must have a clean, absorbent inner lining completely
contained within an outer covering made of waterproof material that prevents
the escape of feces and urine.
a. Both the
diaper and the outer covering must be changed as a unit.
b. Cloth diapers and clothing that are soiled
by urine or feces must be immediately placed in a clean sealable bag or
container (without rinsing, shaking, or dumping) and sent home that day for
laundering.
c. This sealable bag or
container must be stored out of reach of Children.
7. The Provider must collaborate with
families to determine the best toileting practice based on the needs of each
Child.
8. Potty chair receptacles
must be emptied immediately after each use, rinsed, and sanitized in a sink not
used for food preparation.
9. Potty
chair receptacles may not be used in a food preparation area.
O.
Pets.
1. Pets must not present a danger to
Children.
2. The Premises must be
free of pet or other animal waste and the interior of the home must be free of
pet waste odors.
3. Pet waste boxes
must not be kept in food preparation or food service areas and must be covered
so that Children cannot come into contact with pet waste.
4. All pets must be vaccinated against
rabies, and a record of each pet's vaccination must be retained as provided in
section
5 of this Rule.
P.
Fire evacuation drills
1. 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. A record of all fire evacuation drills must be maintained as
provided for in section
5 of this Rule.
2. Fire drills must be conducted according to
policies and procedures that are posted in each room utilized by
Children.
3. Smoke detectors must
be used, when possible, to execute the fire drills.
Q.
Emergency preparedness plan.
Providers must have a written emergency preparedness plan in the event of a
fire, natural disaster, or other threatening situation that may pose a health
or safety hazard to the Children. Providers and Staff Members must review the
emergency preparedness plan annually and update as needed. Providers must
retain the updated copy of the plan for evacuation and provide details of the
emergency relocation procedures to each Parent or Legal Guardian of the Child
at the time of the Child's enrollment with the Provider and whenever the plan
is updated.
1. The plan must provide for the
following:
a. Evacuation, including a
designated relocation site and evacuation route;
b. Lockdown of the residence and/or
shelter-in-place;
c. Procedures for
notifying Parents/Legal Guardians;
d. Procedures to address the needs of
individual Children including Children with special needs;
e. Coordination with local emergency
management officials; and
f.
Guidelines for the continuation of Child care in the period following the
emergency or disaster.
2.
The Provider must conduct an evacuation drill at least twice a year and the
dates must be recorded and be available for review.
3. All Staff Members must be trained in and
familiar with the emergency preparedness plan.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.