Or. Admin. R. 414-305-0810 - Facility Structure

(1) A certified child care center must ensure that children do not have access to heating equipment such as furnaces, fireplaces, stoves, floor and wall furnace grates, steam and hot water pipes, and electric space heaters, or to cooling equipment such as, air conditioner compressors, and fans.

(a) A certified child care center must have adequate heating and ventilation to maintain the indoor temperature no lower than 68°F and no higher than 85°F when children are present. If the center is unable to maintain an internal temperature between 68°F and 85°F, a center must utilize strategies to help children stay warm or cool.

(b) A certified child care center must ensure that all rooms including the kitchen and bathrooms have enough ventilation to keep them free from excessive heat, condensation, smoke, fumes, and unpleasant odors.

(c) After painting or laying carpet, the building must be aired out completely for at least 24 hours with good ventilation before children can return.

(2) A certified child care center's heating equipment must be safe to operate.

(a) Flammable materials including papers, curtains, and furniture must be at least 3 feet from furnaces, fireplaces, or other heating devices.

(b) Open flame, unvented and vent-free gas or oil heaters, generators, and portable fuel-burning space heaters are prohibited while children are in care.

(c) Heating units that involve flame must be vented properly to the outside and supplied with a source of combustion air that meets the manufacturer's installation requirements.

(d) Electric baseboard heaters may be used when wired directly into the electrical system and no objects are in contact with the heating elements.

(e) Portable electric space heaters must:

(A) Be attended while in use and be off when unattended;

(B) Have an automatic shut off feature for tipping over and overheating;

(C) Have protective covering to keep hands and objects away from the electric heating element;

(D) Bear the safety certification mark of a nationally recognized testing laboratory;

(E) Be placed only on the floor;

(F) Be properly vented, as required for proper functioning; and

(G) Be used according to the manufacturer's instructions.

(f) Fireplaces, fireplace inserts, and wood/corn pellet stoves, if used, must:

(A) Have a secure, stable protective safety screen;

(B) Be installed in accordance with the local or regional building code and the manufacturer's installation instructions; and

(C) Be inspected and cleaned annually.

(3) A certified child care center's electrical system must not pose a risk to children.

(a) Unused electrical outlets accessible to children preschool-age and younger must be tamper-resistant or have outlet covers that are not easily removed by children.

(b) Electrical wiring and power strips with surge protectors must be inaccessible to children.

(c) Electrical cords must be in good working condition, not torn or frayed, and not have any exposed wires.

(d) Extension cords may only be used for a brief, temporary purpose and must not replace direct wiring.

(e) Electrical products plugged into an outlet near a water source such as a sink, water table, or swimming pool, must use a special outlet called a ground fault circuit interrupter (GFCI).

(4) All septic systems must meet the requirements of the Department of Environmental Quality. A private septic system must be inspected by a septic system maintenance service provider, monitored on a routine basis, and any deficiencies corrected.

(5) Lighting levels must be bright enough for comfort, safety, and adequate supervision.

(6) Light fixtures must be equipped with covers, shields, or shatter resistant bulbs.

(7) A certified child care center's floor surfaces must be easily cleanable and free of broken or loose tile, large or unsealed cracks, splinters, torn carpet or vinyl, and holes.

(8) Carpet must not be used in food preparation areas and restrooms.

(9) A certified child care center must provide protective barriers on indoor platforms and lofts more than 30 inches in height.

(a) Barriers or guard rails must be at least 36 inches in height and prevent children from crawling over or falling through the barrier or becoming entrapped.

(b) Stairs and steps leading to a platform, regardless of height, must have handrails the children can reach or use rung ladders.

(10) Stairs with more than three steps, ramps, and other elevated walking surfaces (e.g., landings, balconies, porches) accessible to children must have handrails securely attached on both sides of stairs at a maximum height of 38 inches.

(11) A certified child care center must have a movable barrier, e.g. a baby gate, placed at the top and/or bottom of all stairways accessible to infants and toddlers.

(12) Doors and windows used for ventilation must be equipped with fine-meshed screens.

(a) Exterior screens or storm doors must have a self-closing apparatus.

(b) Windows above the ground floor that are accessible to children preschool-age and younger must be equipped with a lock to prevent opening more than 4 inches.

(c) Vertical blinds, continuous looped blinds, and drapery cords must have tension or tie-down devices to hold the cords tight.

(d) A certified child care center must plainly mark at children's eye level any clear glass surfaces subject to impact by children or have a protective barrier in place to avoid accidental impact.

Notes

Or. Admin. R. 414-305-0810

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260