COMMENT DUE DATE:
March 4, 2013
DATE:
February 1, 2013
Mitzi Lee, OCCS (405) 521-2556
Nancy Kelly, OIRP (405)522-6703
Dena Thayer, OIRP Programs Administrator (405)521-4326
RE:
APA WF 12-26
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
The proposed policy is permanent and the proposed effective date is July 1, 2013.
CHAPTER 110. LICENSING SERVICES
Subchapter 3 Licensing Standards for Child Care Facilities
Part 1.Requirements for Child Care Centers
OAC 340:110-3-14 [AMENDED]
Part 2.Requirements for Part-Day Children’s Programs
OAC 340:110-3-45 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-91.1 [AMENDED]
Part 9.Requirements for Residential Child Care Facilities
OAC 340:110-3-157 [AMENDED]
(Reference WF 12-26)
SUMMARY:The proposed amendments to Chapter 110, Subchapter 3 amend the rules to:(1) comply with Section 104(b) of the Consumer Product Safety Improvement Act of 2008 that requires the United States Consumer Product Safety Commission to promulgate consumer product safety standards for durable infant or toddler products; and (2) ensure any crib provided by child care facilities and family child care homes meets new and improved federal safety standards set forth by Consumer Product Safety Commission per Sections 1219 and 1220 of Title 16 of The Code of Federal Regulations (16 CFR §§ 1219 and 1220) for full-size and non-full size cribs.
SUBSTANTIVE CHANGES:
OAC 340:110-3-14, 340:110-3-45, 340:110-3-91.1, and 340:110-3-157 are amended to reflect new crib standards and required documentation of compliance.
LEGAL AUTHORITY:Section 162 of Title 56 of the Oklahoma Statutes; Child Care Facility Licensing Act, Section 401 and 404 of Title 10 of the Oklahoma Statutes; and Section 104(b) of the Consumer Product Safety Improvement Act of 2008, and 16 C.F.R. §§ 1219 and 1220.
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OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Lesli Blazer
Director of Oklahoma Child Care Services
Date:February 1, 2013
Re:CHAPTER 110. OKLAHOMA CHILD CARE SERVICES
Subchapter 3 Licensing Standards for Child Care Facilities
Part 1.Requirements for Child Care Centers
OAC 340:110-3-14 [AMENDED]
Part 2.Requirements for Part-Day Children’s Programs
OAC 340:110-3-45 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-91.1 [AMENDED]
Part 9.Requirements for Residential Child Care Facilities
OAC 340:110-3-157 [AMENDED]
(Reference WF 12-26)
Contact: Mitzi Lee 405-521-2556
A.Brief description of the purpose of the proposed rule:
Purpose.Section 104(b) of the Consumer Product Safety Improvement Act of 2008 requires the United States Consumer Product Safety Commission to promulgate consumer product safety standards for durable infant or toddler products.Any crib provided by child care facilities and family child care homes must meet new and improved federal safety standards set forth by Consumer Product Safety Commission
per Section 1219 and 1220 of Title 16 of the Code of Federal for full-size and non-full size cribs.
Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Service (OKDHS) goals by clarifying procedures that support and strengthen the family and protect its members, while improving systems and processes to achieve agency goals.
Substantive changes.
OAC 340:110-3-14, 340:110-3-45, 340:110-3-91.1, and 340:110-3-157 are amended to reflect new crib standards and required documentation of compliance.
Reasons.Amended rules are necessary for compliance with new crib standards as required by Consumer Product Safety Commission.
Repercussions. Facilities not meeting the new crib standards are subject to fines imposed by Consumer Product Safety Commission. The quality of care children receive in licensed facilities would also be negatively impacted as amendments relate to health and safety for infants.
Legal authority. Section 162 of Title 56 of the Oklahoma Statutes; Child Care Facility Licensing Act, Section 401 and 404 of Title 10 of the Oklahoma Statutes; and Section 104(b) of the Consumer Product Safety Improvement Act of 2008 16 CFR 1219 and 1220.
Permanent approval.Permanent rulemaking approval is requested effective November 1, 2013.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are licensed child care facilities, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.Child care facilities would bear the costs of necessary crib purchases.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are licensed child care facilities, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The
amended rules do require purchase of cribs that meet the new crib standards.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The amended rules will result in a positive impact on health and safety for infants, families and licensed facilities as it improves the safety of crib standards. Training of division staff will be conducted by state office personnel.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act as licensed facilities may be required to purchase cribs meeting the new standard as set forth by Consumer Product Safety Commission.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly, nonregulatory, or less intrusive methods for complying with the federal mandate.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will have a positive impact on the health, safety, and well-being of licensed facilities, families and children utilizing licensed care as amendments relate to the health and safety for infants.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Proposed rules allow for improved health and safety for infants by improving crib standards and impacting the quality of care children receive in licensed facilities.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 11, 2012.
SUBCHAPTER 1. LICENSING SERVICES
SUBCHAPTER 3. LICENSING STANDARDS FOR CHILD CARE FACILITIES
PART 1. REQUIREMENTS FOR CHILD CARE CENTERS
340:110-3-14. Indoor equipment
Revised 11-1-13
(a) General.The equipment required in this subsection assists the caregiver in providing for each child's physical, cognitive, emotional, and social development.
(1) A variety of equipment is accessible to all children on a daily basis and can be rotated for children's use.
(2) Equipment is:
(A) complete, sturdy, and in good working condition;
(B) maintained in a safe and sanitary condition;
(C) lead free, as in crayons and paint;
(D) of appropriate size and type to meet the developmental needs of the age group; and
(E) provided in quantities proportionate to the number of children in each age group and the number of children for which the center is licensed.
(3) Sleeping equipment and bedding complies with the requirements in OAC 340:110-3-25.5.
(4) Indoor climbing equipment over four feet high has impact-absorbing mats in fall zones that extend a minimum of six feet in all directions from the perimeter of the equipment.
(5) Caregivers monitor play equipment for potential hazards, for example, splinters, loose parts, and sharp edges.
(6) Toys or objects with removable parts with a diameter less than 1-1/4 inch inches, toys with sharp points or edges, toys with strings, plastic bags, styrofoam Styrofoam™ objects, and rubber balloons are not accessible to children younger than three years of age.
(7) Infant walkers are prohibited.
(8) The director constantly reevaluates equipment as enrollment varies.When the number of children in an age group increases, additional equipment is provided in accordance with the ratios and developmental levels of the children in care contained in the requirements in per OAC 340:110-3-14(b) through (g) requirements.
(b) Minimum equipment for infants.When infants are in care, the requirements listed in this subsection are met.
(1) Basic items required are:
(A) one crib, port-a-crib, or playpen with a mattress or playpen pad for each child up to ten months of age.Mats or cots may be used for children ten months of age and older;
(B) fitted crib sheets, one per child;
(C) diaper-changing table;
(D) adult-height shelf;
(E) individual, adult-size chair for each caregiver;
(F) separate, individual space for personal belongings;
(G) adequate container with a tight-fitting lid or moisture-proof bags for soiled or wet diapers or clothing;
(H) adequate supply of diapers, facial tissue, disposable wipes, bath towels, and wash cloths;
(I) extra supply of sheets; and
(J) sufficient clothing in various sizes in case of accidents.
(2) Cribs meet the requirements for safety contained in (A) through (D)(C) of this paragraph.
(A) Cribs, port-a-cribs, and playpens do not have more than 2 and 3/8-inches between slats and between the side and end panels.Cribs, including portable cribs that can be folded or collapsed without being disassembled, meet the current Consumer Product Safety Commission (CPSC) full-size and non-full size crib standards per Sections 1219 and 1220 of Title 16 of the Code of Federal Regulations.
(B) Decorative cutout areas in crib end panels or decorative knobs on the corner posts, which can entrap a child's head or catch his or her clothing, are prohibited.Verification of compliance with CPSC standards is maintained for duration of crib use.
(C) Mattresses and playpen pads are firm and fit the crib, port-a-crib, or playpen snugly with no more than one inch between the mattress and crib.
(D) Drop-side latches hold sides securely and are not accessible by the child in the crib.
(3) Mattresses and play pen playpen pads are covered with a durable, washable, waterproof, form-fitting material.
(4) Mesh-sided cribs and playpens must meet the conditions in (A) through (E) of this paragraph.
(A) Mesh is less than ¼ inch in size, smaller than the buttons on a baby's clothing.
(B) Mesh has no tears, holes, or loose threads that could entangle a child.
(C) Mesh is securely attached to the top rail and floor plate.
(D) The top rail cover has no tears or holes.
(E) If staples are used, they are not missing, loose, or exposed.
(5) Additional equipment is provided in accordance with per OKDHS Appendix L-5, Child Care Center Minimum Indoor Equipment Requirements.
(c) Minimum equipment for toddlers.When toddlers are in care, the requirements listed in this subsection are met.
(1) Basic items required are:
(A) one crib or playpen with a mattress, or mat, or cot per child;
(B) table space with a chair for each child;
(C) baskets or low open shelves for toy storage;
(D) separate individual space for personal belongings;
(E) adult-height shelf;
(F) diaper-changing table;
(G) adequate container(s) container with a tight-fitting lid(s) lid or moisture-proof bags for soiled or wet diapers or clothing;
(H) sheet and cover, one of each per child;
(I) adequate supply of diapers, facial tissue, disposable wipes, bath towels, and wash cloths, bath towels, facial tissue, and disposable wipes;
(J) extra supply of sheets and covers; and
(K) sufficient clothing in various sizes in case of accidents.
(2) Cribs meet the requirements for safety listed in per OAC 340:110-3-14(b)(2).
(3) Mattresses and playpen pads are covered with a durable, washable, waterproof, form-fitting material.
(4) Additional equipment is provided in accordance with per OKDHS Appendix L-5.
(d) Minimum equipment for two-year-olds children 2 years of age.When two-year-old children 2 years of age are in care the requirements listed in this subsection are met.
(1) Basic items required are:
(A) one cot, bed, or mat per child;
(B) table space with a chair for each child;
(C) separate, individual space for personal belongings;
(D) baskets or low open shelves for toy storage;
(E) adequate container with a tight-fitting lid or moisture-proof bags for soiled or wet diapers or clothing;
(F) sheet and cover, one per child;
(G) extra supply of sheets and covers;
(H) adequate supply of diapers, facial tissue, disposable wipes, bath towels, and wash cloths, bath towels, facial tissue, and disposable wipes;
(I) sufficient clothing in various sizes in case of accidents and
(J) a place to go, for example, a barrel, tented area, playhouse, or designated quiet area.
(2) Additional equipment is provided in accordance with per OKDHS Appendix L-5.
(e) Minimum equipment for three-year-olds children 3 years of age.When three-year-old children 3 years of age are in care the equipment requirements listed in this subsection are met.
(1) Basic items required are:
(A) one cot, bed, or mat per child;
(B) separate individual space for personal belongings;
(C) table space with a chair for each child;
(D) two linear feet of low open shelves per child in each room for play equipment;
(E) sheet and cover, one per child;
(F) extra supply of sheets and covers;
(G) adequate supply of facial tissue, wash cloths, soap, and bath towels, and wash cloths;
(H) sufficient clothing in various sizes in case of accidents; and
(I) a place to go, for example, a barrel, tented area, playhouse, bean-bag chair, or designated quiet area.
(2) Additional equipment is provided in accordance with OKDHS Appendix L-5.
(f) Minimum equipment for four- and five-year-olds children 4 and 5 years of age.When four and five-year-old children 4 and 5 years of age are in care the requirements listed in this subsection are met.
(1) Basic items required are:
(A) one cot, bed, or mat per child;
(B) separate, individual space for personal belongings;
(C) table space with a chair, stool, or bench that allows 18 inches for each child;
(D) two linear-feet of low open shelves per child in each room for play equipment;
(E) sheet and cover, one per child;
(F) extra supply of sheets and covers;
(G) adequate supply of facial tissue, wash cloths, soap, and bath towels, and wash cloths;
(H) sufficient clothing in various sizes in case of accidents; and
(I) a place to go, for example, a barrel, tented area, playhouse, bean-bag chair, or designated quiet area.
(2) Additional equipment is provided in accordance with per OKDHS Appendix L-5.
(g) Minimum equipment for school-age children.When school-age children are in care the requirements listed in this subsection are met.
(1) Basic items required are:
(A) one cot, bed, or mat with a sheet and cover for children with scheduled nap times or an ill child;
(B) adequate table and chair space available at any given time;
(C) assigned, individual space for personal belongings;
(D) two linear-feet of shelf space per child which that may be at various heights if accessible to children;
(E) safe storage for ongoing projects and small items;
(F) adequate supply of facial tissue, wash cloths, soap, bath towels, wash cloths, and feminine hygiene products; and
(G) sufficient clothing in various sizes in case of accidents.
(2) Additional equipment is provided in accordance with per OKDHS Appendix
PART 2. REQUIREMENTS FOR PART-DAY CHILDREN'S PROGRAMS
340:110-3-45. Indoor equipment
Revised 11-1-13
(a) General.The required equipment will assist staff in providing for the physical, intellectual, emotional, and social development of each child.
(1) A variety of equipment shall be is accessible to all children on a daily basis.
(2) Play equipment shall be is:
(A) complete, sturdy and in good working condition;
(B) maintained in a safe and sanitary condition;
(C) lead free, e.g., for example, crayons, paint;
(D) of appropriate size and type to meet the developmental needs of that each age group;
(E) provided in quantities proportionate to the number of children in each age group and the number of children for which the program is licensed.
(3) Sleeping equipment and bedding shall meet the meets requirements in per OAC 340:110-3-49.1.
(4) Indoor climbing equipment over four feet high shall have has impact-absorbing mats in fall zones.
(5) To ensure safety, staff shall monitor monitors play equipment for potential hazards, e.g. for example, toys with strings, loose parts, or sharp edges, etc.
(6) The director shall constantly re-evaluate re-evaluates equipment as enrollment varies.
(b) Minimum equipment for infants.When infants are in care, the requirements listed in this subsection shall be met.
(1) Basic items required are:
(A) crib or playpen with mattress, one per child;
(B) crib sheets and covers, one of each per child;
(C) high chair, one for every four infants;
(D) diaper-changing table;
(E) adult-height shelf;
(F) individual, adult-size chair for each staff person;
(G) separate, individual space for personal belongings;
(H) adequate container with a tight-fitting lid or moisture-proof bags for soiled or wet diapers or clothing;
(I) adequate supply of diapers, facial tissue, disposable wipes, soap, bath towels, and or wash cloths, soap, bath towels, etc.; and
(J) extra supply of sheets and covers.
(2) Cribs shall meet the requirements for safety contained in (A)-(D)(C) of this paragraph.
(A) Cribs, port-a-cribs and playpens shall not have more than two and 3/8-inches between slats or between the side and end-panels.Cribs, including portable cribs that can be folded or collapsed without being disassembled, meet the current Consumer Product Safety Commission (CPSC) full-size and non-full size crib standards per Sections 1219 and 1220 of Title 16 of the Code of Federal Regulations.
(B) Decorative cutout areas in crib end panels or tall decorative knobs on the corner posts, which can entrap a child's head or catch is or her clothing, are prohibited.Verification of compliance with CPSC standards is maintained for duration of crib use.
(C) Mattresses shall fit the crib snugly with no more than one inch between the mattress and crib.
(D) Drop-side latches shall hold sides securely and not be reachable by the child in the crib.
(3) Mattresses and playpen pads shall be are at least one-inch thick and covered with a durable, washable, water-proof, form-fitting material.
(c) Minimum equipment for toddlers.When toddlers are in care, the requirements listed in this subsection shall be are met.
(1) Basic items required are:
(A) a crib or playpen with mattress, mat or cot, one per child;
(B) a sheet and cover, one of each per child;
(C) adequate table and chair space or high chairs as needed for meals and snacks;
(D) baskets or low open shelves for toy storage;
(E) separate, individual space for personal belongings;
(F) an adult-height shelf;
(G) a diaper-changing table;
(H) adequate containers container with a tight-fitting lids lid or moisture-proof bags for soiled or wet diapers or clothing; and
(I) an adequate supply of diapers, wash cloths, soap, bath towels, facial tissue, disposable wipes, soap, bath towels, wash cloths, extra supply of sheets, and covers, etc.
(2) The program shall comply complies with crib safety features safety features listed in (b)(2) of this Section.
(3) Mattresses and playpen pads shall be are at least one-inch thick and covered with a durable, washable, water proof, form-fitting material.
(d) Minimum equipment for two-year-olds children 2 years of age.When two-year-old children 2 years of age are in care, the basic items required are:
(1) a cot, bed, or mat with a sheet and cover for each resting or ill child;
(2) adequate table and chair space as needed for meals and snacks;
(3) separate, individual space for personal belongings;
(4) baskets or low open shelving for toy storage;
(5) adequate containers container with a tight-fitting lids lid for soiled diapers; and
(6) an adequate supply of diapers, facial tissue, disposable wipes or individual wash cloths, soap, and bath towels, facial tissue.
(e) Minimum equipment for three-year-olds children 3 years of age.When three-year-old children 3 years of age are in care, the basic items required are:
(1) a cot, bed, or mat with a sheet or cover, for each resting or ill child, (see also refer to OAC 340:110-3-50(a)(2) regarding parents being allowed to provide sleeping equipment);
(2) separate, individual space for personal belongings;
(3) adequate table and chair space as needed for meals and snacks;
(4) two linear-feet of low open shelves per child for play equipment; and
(5) an adequate supply of facial tissue, disposable wipes or individual wash cloths, soap, and bath towels.
(f) Minimum equipment for four and five-year-olds children 4 and 5 years of age.When four and five-year-old children 4 and 5 years of age are in care, the basic items required are:
(1) a cot, bed, or mat with a sheet and cover, for each resting or ill child;
(2) separate, individual space for personal belongings;
(3) adequate table and chair space as needed for meals and snacks;
(4) two linear-feet of low open shelves per child for play equipment; and
(5) an adequate supply of facial tissue, disposable wipes or individual wash cloths, soap, and bath towels.
(g) Minimum equipment for school-age children.When school-age children are in care, the basic items required are:
(1) a cot, bed, or mat with a sheet and cover for each resting or ill child;
(2) adequate table and chair space as needed for meals and snacks;
(3) separate, individual space for personal belongings;
(4) two linear-feet of shelving space per child which shall be that may be at various heights and is accessible to children and may be at various heights;
(5) safe storage for on-going projects and small items;
(6) an adequate supply of facial tissue, disposable wipes or individual wash cloths, soap, bath towels, and feminine hygiene products; and
(7) sufficient clothing in various sizes in case of accidents.
PART 5. REQUIREMENTS FOR FAMILY CHILD CARE HOMES AND LARGE FAMILY CHILD CARE HOMES
340:110-3-91.1. Rest time
Issued 10-1-0711-1-13
(a) Place to rest.
(1) Each child has an appropriately sized, individual place to rest, such as a crib, playpen, bed, cot, or mat, with clean, individual bedding.The place to rest is maintained in a clean and sanitary condition and in good repair.
(2) Waterbeds, sofas, soft mattresses, bassinettes, stacked cribs, pillows, beanbag chairs, and other soft surfaces are prohibited as infant sleeping surfaces.
(b) Mats.Mats are not used for overnight care.When used for napping, each mat is:
(1) at least two inches thick and covered with a fitted, durable, washable, waterproof material; and
(2) only used on clean carpeted surfaces.
(c) Cribs and playpens.A crib, port-a-crib, or playpen with a firm waterproof mattress or pad and a tight-fitting sheet is used for each child younger than one year of age.
(d) Crib, port-a-crib, and playpen safety features.
(1) Cribs, port-a-cribs, and playpens with more than 2 and 3/8 inches between slats or between the side and end panels are not allowed.Cribs, including portable cribs that can be folded or collapsed without being disassembled, meet the current Consumer Product Safety Commission (CPSC) full-size and non-full size crib standards per Sections 1219 and 1220 of Title 16 of the Code of Federal Regulations.
(2) Cribs with decorative cutout areas in crib-end panels or tall decorative knobs on the corner posts, that can entrap the child's head or catch the child's clothing, are not allowed.Verification of compliance with CPSC standards is maintained for duration of crib use.
(3) Mattresses must be are tight-fitting with no more than one inch between the mattress and crib.
(4) Drop-side latches hold sides securely and are not accessible by the child in the crib.
(5) Pillows, quilts, comforters, sheepskins, stuffed toys, bumper pads, and other soft products are not permitted in infant cribs, playpens, or port-a-cribs.
(e) Sleep positioning.
(1) To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants younger than 12 months of age are placed on their back for sleeping unless there is a medical reason is documented by a doctor, that the infant should not sleep in this position.Documentation is maintained at the facility.
(2) Infants who are able to turn themselves over are placed initially on their back for sleeping but allowed to sleep in a position they prefer.
(3) Children's heads and faces are not covered.
PART 9. REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
340:110-3-157. Physical facility and equipment
Revised 7-1-0911-1-13
(a) New construction.Special consideration is given when choosing the site for new construction as to available water availability for fire fighting firefighting and access to all areas of the building for rescue.
(b) Square footage.Habitable living area is provided as in (1) - (4) of this subsection, which and does not include offices, bathrooms, kitchen kitchens, laundry laundries, hallways, furnace furnaces, or utility areas.
(1) There is a total of 150 square feet of habitable living area, including sleeping space, for the first resident and 100 square feet for each additional resident.
(2) Each sleeping room for more than one resident has 70 square feet for the first resident and 50 square feet for each additional resident.
(3) Each sleeping room intended for one resident contains 110 square feet.
(4) All areas counted as habitable space have a minimum ceiling height of seven feet, six inches.
(c) Basements.Basements cannot be used for sleeping quarters.
(d) Mobile homes.Facilities cannot be located in mobile homes.
(e) Storage of personal belongings.Adequate space for storage of personal belongings for each resident is provided.
(f) Staff sleeping quarters.Staff sleeping quarters are separate from those of the residents, but near enough to assure supervision.
(g) Staff space.Facilities provide sufficient space separate from space used for program and treatment activities for administrative activities, individual counseling sessions, and other staff functions required by the program design.
(h) Bathrooms.Bathrooms are maintained in a clean and sanitary condition with adequate ventilation.
(1) At least one flush toilet, hand sink, and bathtub or shower in good working condition is available for each every six residents.Bathrooms are convenient to sleeping quarters, living, and recreation rooms.
(2) Flush urinals may be substituted for not more than one-half the required number of toilets when provided to serve males only.
(3) Hand sinks, bathtubs, and showers have cold and hot water with temperatures between 100 and 120 degrees Fahrenheit.
(4) Toilet paper, soap, and individual sanitary towels are provided within easy access of residents.
(i) Diaper changing.A non-porous changing pad in good repair is used when changing diapers.The diaper-changing surface is used only for diaper changing and is sanitized after each diaper change.Staff members wash and scrub their hands thoroughly with dispensable soap and warm running water after each diaper change.
(j) Sanitation and safety.All habitable and non-habitable areas are maintained in a clean and sanitary condition, free of litter and hazards.
(1) Harmful substances and objects that are not essential to facility operation are not kept on the premises.Other poisonous, flammable, or harmful materials are kept under lock when not under the supervision of an authorized adult.
(2) All firearms are stored unloaded in a locked container, cabinet, or closet.Ammunition is stored in a locked area separate from firearms.
(3) Every closet door can be opened from inside the closet.
(4) Every bathroom door lock can be unlocked from the outside in an emergency.The opening device is readily accessible to staff.
(5) All rooms used by residents are maintained at an indoor temperature between 65 and 85 degrees Fahrenheit.
(6) Indoor and outdoor recreational equipment and supplies are maintained in good condition, and play areas are free of hazards at all times.
(7) Floors, walls, ceilings, doors, and windows are maintained in good condition.
(8) The exterior foundation, roof, and walls are weather-proofed and maintained in good condition.
(9) All areas used by residents are well-lighted.
(10) The safety and sanitary conditions of house parent quarters is the responsibility of the facility.
(k) Furnishings and decor.The facility supplies comfortable furniture, as appropriate, for all living areas.Furniture for residents’ use is of sufficient quantity and appropriately designed to suit the age, size, and capabilities of the residents.
(1) Each resident has an individual bed that is large enough to adequately accommodate the resident adequately.Each bed has its own mattress and bedding.
(A) Cribs, port-a-cribs, and playpens may not have more than 2-3/8 inches between slats or between side and end panels.
(B) Cribs do not have decorative cutout areas in crib end panels or tall decorative knobs on the corner posts.Cribs, including portable cribs that can be folded or collapsed without being disassembled, meet the current Consumer Product Safety Commission (CPSC) full-size and non-full size crib standards per Sections 1219 and 1220 of Title 16 of the Code of Federal Regulations.
(B) Verification of compliance with CPSC standards is maintained for duration of crib use.
(C) Crib or port-a-crib mattresses fit snugly with no more than one inch between the mattress and crib.
(D) Drop-side latches hold sides securely and are not accessible by the child in the crib.
(2) Every bedroom and bathroom window is equipped with window treatments as needed for privacy.
(3) Broken, defective, or recalled furnishings and equipment are repaired or replaced.
(l) Telephones.An operable telephone is readily accessible to each living unit for emergency use.
(m) Health regulations.The facility complies with licensing regulations for buildings, utilities, grounds and food service sanitation as outlined in per OAC 340:110-3-163 and 340:110-3-164 and is inspected annually by the appropriate state agency.
(n) Fire safety.The facility complies with the state fire marshal’s office regulations for construction and fire safety and is inspected annually by the state fire marshal’s office or its designee.
(o) Environmental quality.A facility not on local water and sewage supply systems is inspected annually by the Department of Environmental Quality.
