R430-90-9. Facility

  (1) There shall be at least 35 square feet of indoor space for each child in care, including the provider's and employees' children.

  (2) Indoor space per child may include floor space used for furniture, fixtures, or equipment if the furniture, fixture, or equipment is used:

  (a) by children,

  (b) for the care of children, or

  (c) to store classroom materials.

  (3) The following areas are not included when measuring indoor space for children's use:

  (a) bathrooms,

  (b) closets,

  (c) hallways, and

  (d) entryways.

  (4) The maximum allowed capacity for a child care facility may be limited by local ordinances.

  (5) The number of children in care at any given time shall not exceed the capacity identified on the license.

  (6) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint is tested for lead. If lead-based paint is found, the provider shall contact their local health department within 5 working days and follow required procedures for remediation of the lead hazard.

  (7) Each room and indoor area that is used by children shall be ventilated by mechanical ventilation, or by windows that open and have screens.

  (8) All rooms and areas that are used for child care shall have adequate light intensity for the safety of the children and the type of activity being conducted.

  (9) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.

  (10) There shall be a working telephone in the home, in each vehicle while transporting children, and during offsite activities.

  (11) There shall be a working toilet and a working handwashing sink accessible to each nondiapered child in care.

  (12) A bathroom that provides privacy shall be available for use by school-age children.

  (13) There shall be an outdoor area that is safely accessible to children.

  (14) The outdoor area shall have at least 40 square feet of space for each child using the area at one time.

  (15) The outdoor area shall be enclosed within a fence, wall, or solid natural barrier that is at least 4 feet high when the facility is on a street or within half a mile of a street that:

  (a) has a speed of 25 miles per hour or higher, or

  (b) has more than 2 lanes of traffic.

  (16) The following hazards shall be separated from the children's outdoor area with a fence, wall, or solid natural barrier that is at least 4 feet high:

  (a) barbed wire that is within 30 feet of the children's play area;

  (b) livestock on or within 50 yards of the property line;

  (c) dangerous machinery, such as farm equipment, on or within 50 yards of the property line;

  (d) a drop-off of more than 5 feet on or within 50 yards of the property line; or

  (e) a water hazard, such as a swimming pool, pond, ditch, lake, reservoir, river, stream, creek, or animal watering trough, on or within 100 yards of the property line.

  (17) There shall be no gap 5 by 5 inches or greater in or under the fence.

  (18) Whenever there are children in the outdoor area, there shall be shade available to protect them from excessive sun and heat.

  (19) If there is a swimming pool on the premises that is not emptied after each use:

  (a) the provider shall meet applicable state and local laws and ordinances related to the operation of a swimming pool and maintain the pool in a safe manner; and

  (b) when not in use, the pool shall be enclosed within at least a 4-foot-high fence or solid barrier that is kept locked and that separates the pool from any other areas on the premises, or enclosed with a locked, properly working safety cover that meets ASTM Specification F1346-91.

  (20) A hot tub on the premises with water in it shall be inaccessible to children by being:

  (a) kept locked with a properly working cover; or

  (b) enclosed within at least a 4-foot-high fence or solid barrier that is kept locked and that separates the hot tub from any other areas on the premises.

  (21) The provider shall maintain buildings and outdoor areas in good repair and safe condition including:

  (a) ceilings, walls, and floor coverings;

  (b) lighting, bathroom, and other fixtures;

  (c) draperies, blinds, and other window coverings;

  (d) indoor and outdoor play equipment;

  (e) furniture, toys, and materials accessible to the children;

  (f) entrances, exits, steps, and walkways including keeping them free of ice, snow and other hazards.

  (22) Accessible raised decks or balconies that are 5 feet or higher, and open basement stairwells that are 5 feet or deeper shall have protective barriers that are at least 3 feet high.

  (23) If the house is subdivided, any part of the house is rented out, or any other area of the facility is shared including the outdoor area, the entire facility shall be inspected and covered individuals in the facility shall comply with rules, except when all of the following conditions are met:

  (a) there is a signed rental/lease agreement between the provider and the individual responsible for or living in the other part of the house;

  (b) there is a separate mailing address;

  (c) there is a separate entrance for the child care program;

  (d) there are no connecting interior doorways that can be used by unauthorized individuals; and

  (e) there is no shared access to the outdoor area used for child care, or a qualified caregiver is present when children are using a shared outdoor area of the facility.