R381-70-9. Facility

  (1) There shall be at least 35 square feet of indoor space for each child receiving services, 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 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 and staff lockers,

  (c) hallways,

  (d) lobbies and entryways,

  (e) kitchens, and

  (f) staff offices.

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

  (5) The number of children being served 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) Windows and glass doors within 36 inches from the floor or ground shall be made of safety or tempered glass, or have a protective guard.

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

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

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

  (12) Bathrooms that provide privacy shall be available for use by the children.

  (13) There shall be at least 2 working toilets and 2 working handwashing sinks accessible to the children.

  (14) If there are more than 50 children in attendance, there shall be 1 additional working toilet and 1 additional working handwashing sink for each additional group of 1 to 25 children.

  (15) Hand sanitizer shall be available to children if there is not a handwashing sink in the room.

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

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

  (18) The total square footage of the outdoor area shall accommodate at least one-third of the approved capacity at one time or shall be at least 1600 square feet.

  (19) The outdoor area shall be enclosed within a fence, wall, or solid natural barrier that is at least 4 feet high.

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

  (21) 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 covered with an approved enclosure that meets the ASTM F1346 standard.

  (22) 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; and

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

  (23) 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.

  (24) If the facility is subdivided, any part of the building is rented out, or any 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 all rules, except when all of the following conditions are met:

  (a) there is a separate entrance for the program;

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

  (c) there is no shared access to the outdoor area used for the program, or a qualified staff member is present when children are using a shared outdoor area of the facility.