14 Del. Admin. Code § 935-31.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 935-31.0 - General Safety

31.1 A licensee shall keep all areas, furnishings, and equipment of the facility or program in a clean, hazard-free, and safe condition. Floors, walls, counter surfaces, toilets, and surfaces or finishes must be cleanable and in good repair.

31.2 A licensee shall take the following measures to prevent hazards to children in care:

31.2.1 To prevent cuts, abrasions, and punctures, equipment, materials, and other objects on the premises that have sharp edges, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children;

31.2.2 To prevent burns, equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;

31.2.3 To prevent sheering, crushing, or pinching, broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;

31.2.4 To prevent tripping, uneven indoor and outdoor walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired; and

31.2.5 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.

31.3 A licensee shall have documentation that the buildings of the facility or program conform to all applicable State and local fire laws, regulations, and codes.

31.4 A licensee shall ensure toilets, tubs, sinks, and showers are in working condition, do not leak, are in good repair, and are kept clean.

31.5 A licensee shall ensure bathroom floors, showers, and bathtubs have slip-proof surfaces.

31.6 A licensee shall ensure bathrooms are equipped with windows that open or a working mechanical ventilation system to the outside.

31.7 A licensee shall keep the facility or program free from rodent and insect infestation. If pesticides are used, they shall be used according to the manufacturer's instructions.

31.8 A licensee shall ensure the water temperature does not exceed 120° F from all water faucets and other water sources accessible to children in care. All sinks shall supply hot and cold water under pressure at all times and all plumbing shall comply with State and local plumbing codes. Water supply and the sewage disposal shall be approved by DPH and the Department of Natural Resources and Environmental Control, respectively.

31.9 A licensee shall ensure that garbage and trash are stored in non-combustible, covered containers.

31.9.1 Indoor containers shall be emptied at least daily to an outdoor receptacle and kept clean.

31.9.2 Outdoor garbage containers shall be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.

31.10 A licensee shall ensure that rooms used by children, including bedrooms, dining rooms, recreation rooms, and classrooms, are suitably lighted for safety and comfort. A licensee shall ensure corridors are illuminated during night-time hours.

31.11 A licensee shall ensure stairways over four steps have handrails at a maximum height of 38 inches that are safe for children and adults.

31.12 A licensee shall securely screen or equip fireplaces with protective guards while in use.

31.13 A licensee shall prohibit the storage or use of any firearms or other weapons on the grounds of the facility or program or in any building used by children.

31.14 A licensee shall ensure power-driven equipment shall be appropriately shielded and maintained in good repair. Children shall be permitted to use such equipment only when it is age-appropriate and only under the direct supervision of a staff.

14 Del. Admin. Code § 935-31.0

27 DE Reg. 599 (2/1/2024) (Final)