Section 7.07 - Physical Facility RequirementsThe following requirements apply to all programs, including family child care, small group and school age and large group and school age child care. Additional requirements specific to family child care are found at 606 CMR 7.07(15). Additional requirements specific to small group and school age and large group and school age child care are found at 606 CMR 7.07(16).
(1) The licensee must ensure that the physical facilities are safe, clean, in good repair and free from hazards and clutter. The licensee must monitor the environment daily to identify and remove or repair any hazards that may cause injury to children. Exits and evacuation routes must be kept clear of obstructions.(2)Building Inspection. Every program that is not located in a residence and every program that has a licensed capacity of more than ten children must provide a certificate of inspection from the Department of Public Safety or the local building inspector certifying that the facility complies with the applicable 780 CMR: The Sate Building Code.(3)Fire Inspection. The licensee shall submit evidence of compliance with applicable fire codes.(4)Water Source Inspection. The licensee must provide evidence that any private well or water source has been inspected and approved by the local board of health, health department, or private laboratory within one year of licensure and meets Department of Environmental Protection Standards, if applicable. (a) This evidence must be updated upon renewal of a regular license.(b) Programs using well-water to serve 25 or more people for at least 60 days each year require DEP approval as small public water suppliers.(5) The licensee must submit copies of current pool and pool roof inspections as required by applicable law or statute.(6)Chipping and Peeling Paint. The licensee must maintain the interior and exterior of the program in good repair, free of chipping, flaking, or peeling paint or broken plaster.(7)Outdoor Space. The licensee must maintain, or have access to, an outdoor play area of at least 75 square feet per child who is outside at any one time.(a) The play area must be accessible to children with disabilities.(b) The outdoor play space must be appropriate for each age group served.(c) The outdoor play area must provide for both direct sunlight and shade.(d) The outdoor play area must be free from hazards including but not limited to: a busy street, a parking lot, poisonous plants, water hazards, debris, broken glass, chipping, peeling or flaking paint, dangerous machinery or tools, and weather related and environmental hazards or small objects that could present a choking hazard to young children. Any such hazard must be removed or fenced by a sturdy, permanently installed barrier which is at least four feet high or otherwise protected or removed, as appropriate.(e) If the outdoor play space is located on a roof, it must be protected by a barrier at least seven feet high, which cannot be climbed by children.(f) The outdoor play space must not be covered with a dangerously harsh, abrasive, or toxic material.(h) Suitable barriers, including but not limited to bulkhead doors, must be installed to prevent falls into outdoor stair or window wells.(8)Porches and Decks.(a) Porches and decks must be inspected and approved by the Department before use by child care children.(b) Porches and decks may be used to meet the requirements for outdoor play space.(c) Porches and decks that are more than three feet from grade level must be surrounded by a protective barricade in accordance with applicable building codes.(d) Barricades must be sturdy and constructed in a way that will prevent a young child from going underneath, over, or through them.(e) Stairs must be safely barricaded whenever the porch or deck is in use by children younger than three years old.(f) Additional precautions may be required as deemed necessary.(9)Water Safety. For programs that offer swimming, boating or other water activities, the licensee must ensure that the area is safe and children are directly supervised at all times during activities involving water, including tubs, pools, showers, or standing water. Educator/child ratios must be sufficient to maintain the safety of children in or near water.(a) The licensee must ensure that all swimming and wading pools used by children are treated, cleaned, maintained and supervised according to sound health and safety practices and state and local guidelines and regulations.(b) Whenever pools are not in use, they must be made inaccessible to children through the use of fences, self-locking gates, or other appropriate barriers to child access.(c) Wading pools must be emptied immediately after use and sanitized between uses and whenever contaminated.(d) When children are swimming in a swimming pool, an adult must be present who is aware of the pump location and is able to turn the pump off in the event of an emergency.(e) Whenever children are swimming (not including the use of wading pools) a second adult must be on the premises available to assist in case of emergency.(f) Whenever children participate in off-site water activities at least one person supervising the activity must be certified as a lifeguard and currently certified in CPR and first aid.(g) All hot tubs, whether indoors or outdoors, must be inaccessible to children.(10)Indoor Space. The indoor space must be clean, safely maintained, well-ventilated and well-lit, of sufficient size for the children served, and must encourage play and learning.(a) Child care must be provided only in space approved by the Department.(b) When measuring activity space, only usable floor space (exclusive of hallways, bathrooms, and portions of rooms or areas that contain furniture or equipment suitable only for adult use) may be included.(c) The total required activity space must be available to children for at least half of the program day.(d) The licensee must provide space to accommodate a variety of activities, and to accommodate all children who are present playing individually, together, and in small or large groups.(e) The licensee must provide a private yet visible area where a child can play or work alone or with another.(f) The licensee must ensure that space is arranged to provide clear pathways for movement from one area to another and to allow visual supervision by educators.(g) The licensee must provide sufficient space, accessible to children, for each child to store clothing and other personal items in a safe, sanitary manner.(h)Windows. All windows used for ventilation must include screens in good repair. Windows and glass doors must be constructed, adapted, or adjusted through the use of window guards or other means to prevent injury to children.(i)Room Temperature. Room temperature in rooms occupied by children must be maintained at a minimum of 65°F. Educators must take appropriate measures to protect children from health risks associated with excessive heat. (j)Pest Elimination. Room temperature in rooms occupied by children must be maintained at a minimum of 65°F. Educators must take appropriate measures to protect children from health risks associated with excessive heat. (k)Toilets and Sinks.1. In facilities licensed for the first time after January 22, 2010, toilets and sinks must be available no more than one floor level away from the approved program space.2. When adult toilets and sinks are used, the licensee must provide a safe means to permit access by those children who are able to use them.3. In addition to toilets, portable "potty chairs" may be used in a bathroom for children unable to use toilets.4. In programs serving children younger than school age, locks on doors to bathrooms must be easily opened from both the inside and outside.(l)Water Temperature. The licensee must provide running water in sinks used by children. Water temperature must not exceed 120°F.(m)Refuse. Garbage must be kept in lined and covered containers and all trash containers must be emptied at least daily.(n)Eating Areas. The licensee must provide space sufficient for children to eat in an un-crowded manner and to meet the needs of all children.(o)Electrical Outlets. All electrical outlets within the reach of children younger than school age must be made inaccessible by use of a safety device or covering that prevents access to the receptacle openings. If the covering is a shock stop, it must be of adequate size to prevent a choking hazard. All electrical cords must be arranged so they are not a hazard to children. Electrical cords must not be frayed or damaged.(p)Carbon Monoxide Detectors. Approved carbon monoxide detectors must be located and maintained in the program in accordance with the provisions of the state fire safety code and guidelines.(11)Stairways. Stairways must be equipped with handrails.(a) In programs serving children younger than three years old, barriers must be placed at the top and bottom of stairwells opening into areas used by children, unless prohibited by building or fire department regulations. Barriers must be permanently installed at the top of stairways. Pressure gates may not be used at the top of stairs.(b) Open stairways used by children younger than school age must have railings or banisters installed along the open or unprotected side(s).(12)Trampolines. Except for therapeutic equipment, the use of trampolines by child care children, whether indoors or outdoors, is prohibited.(13)Safety Requirements for Equipment, Materials and Furnishings. The licensee must only use indoor and outdoor equipment, materials, furnishings, toys, and games that are appropriate to the ages, needs and developmental level of the children enrolled. They must be sturdy, safely constructed and installed, non-tippable, flame retardant, easily cleaned, and free from lead paint, protruding nails, rust, and other hazards that may be dangerous to children. (a) The licensee must not use any equipment, materials, furnishings, toys, or games identified by the U.S. Consumer Product Safety Commission as being hazardous.(b) The licensee must keep all equipment, materials, furnishings, toys, and games clean and in a safe, secure, and workable condition.(c) The educator must arrange furnishings and fixtures safely, with sharp edges protected, and in such a way as to not present hazards to children.(d) All play equipment, fences and structures must be free of entrapment hazards.(e) Riding toys must not be used in any room where there is access to falling hazards.(f) Electric fans, if used, must not be accessible to children.(g) Educators must ensure that all hazardous objects, including but not limited to matches, lighters, toxic materials, sharp objects, plastic bags and purses are locked or inaccessible to children.1. Toxic substances must be stored separately from food and medications.2. All toxic substances must be labeled as to the contents and antidote.(h) Strings and cords longer than six inches that are not part of recreational or educational materials, including, but not limited to cords on window blinds, curtains or shades, must be kept out of children's reach.(14)Heating Safety.(a) All steam and hot water pipes and radiators must be protected by permanent screens, guards, insulation or another suitable device that prevents children from coming in contact with them.(b) The use of portable heaters and portable radiators is prohibited during child care hours.(c) All fuel burning stoves, including but not limited to wood, coal, pellet, or gas, when used during child care, must: 1. meet applicable local and state codes and approval documentation must be provided to the Department;2. be maintained in a manner that ensures the safety of all children. Heaters and stoves in approved space or common space used by children must be surrounded by a fireproof wall or enclosed by partitions, screens, or guards or other similar barricades that are at least three feet in height and installed at least three feet from the heaters and stoves. If non-combustible and non-heat retaining material s are used, barricades may be placed two feet away from the stove.3. Heaters and stoves that are not used for heating purposes during child care, or are used before child care and are sufficiently cooled to prevent a child from being burned, may be barricaded less than two feet away.4. Heaters and stoves that are never used for heating purposes may be barricaded two feet from the stove or be sufficiently padded to prevent a child from injury if the child falls against them.(d)Fireplaces.1. All working fireplaces in space used by children must have a secure child proof barrier in place at all times.2. The educator must be in the room with the children whenever a fireplace is in use.3. Hearths that present a hazard to children must be protected or padded.(15)Additional Requirements for Family Child Care Programs.(a)Lead Poisoning.1. The licensee must provide information to parents in writing regarding the risks and sources of lead poisoning.2. The licensee must provide all parents with a disclosure statement regarding any known source of lead in the home.3. The licensee must maintain in each child's record a written acknowledgement of receipt of the information required by 606 CMR 7.07(15)(a)1. and 2.4. If chipping or peeling paint or plaster is found in a home built prior to 1978 the licensee must provide written notification to the parents of all children in care of the possibility of exposure to lead paint.5. The licensee must maintain in each child's record a written acknowledgement of receipt of the notification required above.6. If a family child care home is determined by the Department of Public Health to be the source of lead poisoning for any child, the licensee must notify EEC and must follow DPH guidelines to eliminate further risk of lead poisoning.(b)Exits. 1. Family child care homes must have at least two separate exits to the outside, approved by the Department.2. If the family child care home has a basement space that is approved for child care, the basement must have at least two separate means of egress directly to the outside. The two separate means of egress must be approved by the Department.3. Any family child care home initially licensed prior to October 10, 2003, and which remains continuously licensed, will be exempt from the requirement of two separate means of egress from the basement. However, in the event of substantial renovations to the basement, the child care home must be in compliance with 606 CMR 7.07(15)(b)2. after the renovations are completed.(c)Space. 1. The licensee must provide: a. a minimum of 150 square feet of approved activity space for one or two children;b. a minimum of225 square feet of approved activity space for three to six children;c. 35 square feet of approved activity space for each child when serving seven to ten children.2. The approved activity space counted toward the square footage requirement can be located on no more than two adjacent floors.3. No more than one area that is used exclusively for napping purposes can be counted toward meeting the square footage requirements.(d)Smoke Detectors. 1. Family child care homes must have approved smoke detectors on or near the ceiling throughout the home as follows: a. on each floor level of the home, including cellars and basements. An approved smoke detector must be installed in each stairway on the ceiling near the base, but not within, the stairway. A smoke detector installed to detect a fire in the basement must be located near the base of the stairwell leading to the floor above;b. outside of each separate sleeping area. Sleeping areas (i.e. bedrooms or sleeping rooms) separated by other rooms such as kitchens or living rooms (but not bathrooms) must be considered separate sleeping areas. A smoke detector installed to protect a sleeping area must be located outside the bedrooms but near the sleeping area.2. Smoke detectors must be maintained in operable condition. The licensee must maintain a safety log of tests made monthly. If the smoke detector is battery operated, the batteries must be replaced at least annually, or more often as necessary, and noted in the safety log.(e)Playground Safety. All playground equipment installed after January 22, 2010 and all playground equipment in homes first licensed after January 22, 2010 must be located within use zones that are covered with an adequate depth of an impact-absorbing material, in accordance with EEC policy. Pea gravel and wood chip nuggets must not be used in areas used by infants and toddlers.(16)Additional Requirements for Small Group and School Age and Large Group and School Age Child Care Programs.(a)Lead Paint. If a program serves any child younger than five years old, the licensee must provide evidence of a lead paint inspection from the local board of health, or the Massachusetts Department of Public Health, or a private lead paint inspection service and compliance with The Department of Public Health regulations at 105 CMR 460.000: Lead Poisoning Prevention and Control.1. A licensee that obtained evidence of a lead paint inspection and compliance with 105 CMR 460.000 from the local board of health or the Massachusetts Department of Public Health or a private lead paint inspection service prior to July 1, 1978, will not be required to comply with additional deleading requirements unless: a. ordered to do so by the local board of health or the Massachusetts Department of Public Health to remain in compliance with 105 CMR 460.000; orb. expanding to space not previously approved by the Department.2. If chipping, peeling, flaking or otherwise loose paint or plaster is discovered in a previously compliant facility built prior to 1978, the Licensee must obtain new evidence of compliance with 105 CMR 460.00.3. The licensee must disclose the results of the lead inspection and any necessary remediation plan to enrolled or prospective families.(b)Integrated Pest Management. Programs must document compliance with the Integrated Pest Management program of the Department of Agricultural Resources.(c)Space. 1. The licensee must provide a minimum of 35 square feet of activity space per child.2. There must be designated space, separate from children's play or rest areas, for administrative duties and educator and parent conferences.3. Activity space must be staffed, equipped and used for children's activities throughout the day. If the areas are not staffed, equipped and used throughout the day these areas may be approved as "accessory space".4. The program must have activity space of its own, apart from other groups that may be using the facility, during the time that it operates.5. Indoor play areas must be clearly defined by spatial arrangement reflecting the variety of creative activities required by 606 CMR 7.06(1)(b)3.6. There must be a barrier between children's activity space and the kitchen.7. Janitorial activities, such as vacuuming, washing floors and windows must not be carried out in any room while it is occupied by children.(d)Sinks, Toilets and Bathrooms.1. The licensee must maintain a ratio of at least one toilet and sink in one or more well-ventilated bathrooms for every 20 children.2. Any portable sink used to meet any of the requirements of 606 CMR 7.00 must be approved by the Board of Health.3. Toilet facilities must afford adequate privacy appropriate to the ages of children enrolled in the program.4. Bathrooms must be: a. in close proximity to children's activity space, andb. readily accessible to all children, including children with disabilities.c. There must be running water or an approved alternative adjacent to each diapering area.(e)Playground Safety. The use zones under and around swings, slides, and climbing structures must be covered with an adequate depth of an impact absorbing material, in accordance with EEC policy. Pea gravel and wood chip nuggets must not be used in areas used by infants and toddlers.