Cal. Code Regs. tit. 22 § 86587

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 86587 - Building and Grounds
(a) The crisis nursery shall be clean, safe, sanitary and in good repair at all times for the safety and well-being of the children, staff, and visitors.
(1) The licensee shall take measures to keep the crisis nursery free of flies and other insects.
(2) The licensee shall ensure the safe disposal of water and other chemicals used for cleaning purposes.
(b) All children shall be protected against hazards the crisis nursery through provision of protective devices including, but not limited to, non-slip material on rugs.
(c) All outdoor and indoor passageways, stairways, inclines, ramps, and open porches shall be kept free of obstruction.
(d) General permanent or portable storage space shall be available for the storage of crisis nursery equipment and supplies.
(1) Crisis nursery equipment and supplies shall be stored in this space and shall not be stored in space used to meet other requirements specified in this chapter.
(e) Crisis nurseries shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water through a pool cover, or by surrounding the pool with a fence.
(1) Fences shall be constructed so that the fence does not obscure the pool from view and shall meet the requirements of Health and Safety Code Section 115923.
(2) Gates shall swing away from the pool, self-close, and have a self-latching device located no more than six inches from the top of the gate.
(3) Pool covers shall be strong enough to completely support the weight of an adult, shall be placed on the pool, and locked while the pool is not in use.
(4) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 86587(e)(1).
(5) Fencing for inflatable or other portable plastic wading pools shall have sides low enough for children using the pool(s) to step out unassisted. These pools shall be emptied after each use
(f) All in-ground pools, and above-ground pools that cannot be emptied after each use shall have an operative pump and filtering system.
(g) Disinfectants, cleaning solutions, poisons, and other items that could pose a danger to children as specified on the product label shall be made inaccessible.
(1) Storage areas for these items shall be locked.
(2) Medicines shall be stored separately from these items, and as specified in Section 86587(b)(3).
(3) These items shall not be stored in food storage areas or in storage areas used by or for children.
(4) Firearms and other weapons shall not be allowed onto or stored on the crisis nursery premises.
(h) Bedrooms shall meet, at a minimum, the following requirements:
(1) No more than three children shall sleep in a bedroom when only cribs and toddler beds are used.
(2) No more than two children shall sleep in a bedroom when a twin bed is used in combination with a crib, toddler bed, or another twin bed.
(3) Bedrooms shall be large enough to allow for easy passage and comfortable use of any required assistive devices, including, but not limited to, wheelchairs, between beds and other furniture.
(4) Children of the opposite sex shall not share a bedroom unless each child is under five years of age.
(5) No room commonly used for other purposes shall be used as a bedroom.
(A) Such rooms shall include, but not be limited to, halls, stairways, unfinished attics or basements, garages, storage areas, and sheds or similar detached buildings.
(6) No bedroom shall be used as a public or general passageway to another room, bath, or toilet.
(7) No child's bedroom shall be used as a napping area by the Crisis Nursery for children receiving crisis day services.
(i) Stairways, inclines, ramps, and open porches shall have hand railings and gates to prevent unsupervised climbing and shall be well lighted.
(j) Surfaces accessible to children shall be free of lead paint.
(k) The licensee shall prohibit smoking in or on the grounds of the crisis nursery.
(l) Every Crisis Nursery shall have one or more carbon monoxide detectors in the facility that meets the standards established in Health and Safety Code Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.

Cal. Code Regs. Tit. 22, § 86587

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect adding subsection (l) and amending NOTE filed 7-7-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 28).
7. Change without regulatory effect amending subsection (h)(7) filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1503.2, 1516, 1531, 13260, 13261, 13262 and 13263, Health and Safety Code.

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).