10-148-32 Me. Code R. § 14

Current through 2024-25, June 19, 2024
Section 148-32-14 - ENVIRONMENT AND SAFETY
A.General condition of the building and surrounding premises. The facility must take immediate steps to correct any condition in the physical building or on the premises, which poses a danger to Children's life, health or safety.
1. Stairs used by Children must be equipped with solidly mounted handrails.
2. Stairs must be enclosed by walls or railings. Stairs in areas used by infants, toddlers and preschool age Children must be protected by a gate or door.
3. Electrical outlets in areas used by infants, toddlers and preschool Children must be protected by safety caps, plugs, tamper-resistant outlets, or other means.
4. Any Medications, Toxic Substances, Hazardous Materials, and other items dangerous to Children such as matches, lighters, fireworks, and power tools must be kept where Children cannot access them.
5. Smoking is prohibited on the premises when Children are present.
6. Strings and cords long enough to encircle a Child's neck (six inches or more) must not be accessible to Children unless the Child is engaged in a recreational or educational activity with an adult.
7. Equipment with an electrical cord must be anchored to the wall to prevent falling, or the cord must be inaccessible to Children under five years of age.
8. The Child Care Facility must have a phone in working condition on the premises.
9. A facility may lock the main entrance to prevent access from the exterior, provided that the door can be freely opened from the interior and there is a means to inform Child Care Staff Members of the arrival of parents/guardians or other visitors.
10. Toys and equipment must be kept clean and in safe working order.
11. The fall zone under and around all indoor play equipment which would buffer a fall from a height of more than 29 inches must be covered with shock-absorbing mats or materials which extend at least 39 inches beyond the outside edge of the equipment in all directions. If the play structure exceeds 48 inches in height, the shock absorbing mat must be at least two inches thick.
12. Furnishings, other heavy items, and/or items that could easily tip over or are unstable must be secured to the wall or floor.
13. The Child Care Facility must Clean surfaces daily in all areas where Children are present. Cleaning products must not be used in close proximity to Children and adequate ventilation must be maintained during use.
14. Children are not allowed to be near power equipment while it is being operated and power equipment must be stored out of reach or have safeguards to prevent any Child from being injured when not in use.
15. Staff purses, bags, Medications and other belongings must be inaccessible to Children.
16. All entrances and exits must be clear for evacuation at all times.
17. Child Care Facilities must empty trash, recycling, and compost containers and remove the contents from Child care space when the containers are filled, or sooner if contents create an odor or a health risk.
B.Outdoor playtime and rest required. Children must have opportunities for indoor and outdoor activities.
1. Children in attendance for four or fewer hours must have an opportunity for rest or relaxation for at least 10 minutes according to the needs of the Child.
2. Children in attendance for more than four hours must have an opportunity for rest or relaxation of one hour or longer according to the age and needs of the Child.
3. Children in attendance for more than four hours and over the age of 12 months shall have a minimum of 60 minutes of active play outdoors daily. Infants must go outside at least once daily.
4. When weather presents a risk to Children in accordance with Child Care Weather Watch and the Air Quality Index, gross motor activity will be substituted for outdoor time
5. Television, video viewing, and/or use of the computer or hand-held electronic devices shall be educational, age appropriate, and limited to one hour or less per day. During times of emergency school closure, school age children may use electronic devices for remote learning for the duration of time necessary to meet the required educational expectations.
6. Activities must be developmentally appropriate.
C.Satisfactory lead levels. Child Care Facilities must comply with 22 MRS Ch. 252, Lead Poisoning Control Act, regarding the use of lead-based paint on toys, furniture, or any interior or exterior surfaces.
1. Child Care Facilities will have an annual screening for potential lead hazards due to chipped and/or peeling paint.
2. A facility will be exempt from this screening if:
a. The building was constructed in 1978 or later;
b. The building has been certified as having no lead hazards and no lead-based paint within the previous 12 months;
c. Lead-safe status has been maintained by a re-evaluation performed 6 months after the initial lead-safe certification and annually thereafter by a lead inspector or risk assessor; or
d. The Facility does not serve any Children under six years of age.
3. A lead inspection performed by a Maine certified lead inspector or risk assessor must be completed if the screening indicates the potential of exposure to lead paint.
4. If evidence of lead-based paint is found in a structure built prior to 1978, the Child Care Facility must provide written notification to the parents of all Children in care and prospective families of the possibility of exposure to lead paint. The Child Care Facility must maintain in each Child's record a written acknowledgement of receipt of the notification required above.
5. All remediation of lead paint and dust must be done following lead-safe work practices in compliance with 10-144 CMR Ch. 292, Rules Relating to the Lead Poisoning Control Act.
D.Carbon monoxide. Child Care Facilities must be equipped with a working carbon monoxide detection system.
1. Equipment may be individual electric (plug-in or hardwire) or battery-operated carbon monoxide detectors that meet Underwriters Laboratories Inc. requirements (UL-Listed); or an electronic carbon monoxide detection system connected to an electronic alarm/smoke detection system that is UL-Listed.
2. At least one carbon monoxide detector must be installed on every level of each building of the Child Care Facility and the detector(s) must be installed in compliance with the Maine Department of Public Safety, Office of the State Fire Marshal or designee's instructions.
E.Building temperature.
1. A minimum temperature of at least 65º Fahrenheit measured within two feet of the floor must be maintained in spaces occupied by Children.
2. If indoor temperatures exceed 82º Fahrenheit, then the Child Care Facility must use methods to cool the space when occupied by Children.
3. Air conditioners, electric fans, and heaters must be mounted and anchored out of all Children's reach or have safeguards that keep any Child from being injured.
4. Portable electric space heaters must be approved by the Maine Department of Public Safety, Office of the State Fire Marshal or designee. Heating units must be shielded in a manner to prevent injuries and burns and be installed and operated in accordance with the manufacturer's specifications.
F.Lighting and Ventilation.
1. Every room used by Children must be properly lighted to allow safe movement through the space. Natural light is required in any room used by Children for more than four hours per day.
2. All indoor space used by Children must be adequately ventilated.
a. Windows should be open when outside temperature and air quality allow.
b. Doors and windows used for ventilation must be equipped with securely fastened screens.
c. The facility must resolve any damp conditions which result in visible mold, mildew, or musty odors before Children may occupy the space.
G.Minimum Usable Space. The Child care Facility must provide a minimum net area of thirty-five (35) square feet of usable space per Child.
1. Areas not to be calculated as usable space include but are not limited to equipment, hallways, lockers, cubbies, door swings, closets, supply cabinets, corridors, bathrooms, teachers' spaces, food preparation areas, and offices.
2. The maximum Child occupancy of any room must not exceed the usable space per Child requirement at any time, except for occasional large group activities as reflected in the written program schedule.
H.Outdoor play areas. The facility must have access to an outdoor play area, with sufficient space for safe play for all Children, with drainage that prevents standing water.
1. In playgrounds intended to serve Children of all ages, the layout of pathways, fencing, and the landscaping of the playground must show the distinct areas for the different age groups. The areas should be separated by a buffer zone, which may include, but is not limited to, shrubs or benches.
2. Where hazardous conditions exist in the outdoor play area, the Children must be protected from those conditions by fencing or other appropriate barriers.
a. Hazardous conditions include, but are not limited to, roads, any body of water, active railroad tracks, sharp inclines or embankments, or any other dangerous area.
b. Fencing should be a minimum of 48 inches high. Any fully enclosed area must have at least one gate, which is secured with a childproof latching mechanism.
c. There must be an exit from the playground other than through a building.
3. The indoor and outdoor active play equipment must be arranged to allow Child Care Staff Members to maintain line of sight supervision of all Children at all times.
4. Appropriately fitted helmets must be worn for all activities when head injury risks are present (e.g. bicycles, scooters, rollerblades, skateboards, snowboard, and/or power wheels).
5. Equipment that exceeds 36 inches in height at the climbable or standing surface shall have energy-absorbing materials beneath it.
a. Energy-absorbing materials include loose fill materials such as playground wood chips, pea gravel, rubber tiles or mats, or sand.
b. Energy-absorbing material must extend beyond the equipment in all directions to prevent injury in the event of a fall.
c. If using loose-fill energy-absorbing materials, all swings, climbers, and slides must have a sufficient amount of energy-absorbing materials to prevent injury, based upon equipment height.
d. Concrete or asphalt must not be used.
6. A variety of equipment suitable for the age and needs of all Children in care must be available. Climbers, swings and slides must be:
a. Firmly secured, clean, in proper repair and safely constructed; and
b. Located at a sufficient distance to prevent injury from any hard surfaces, including poles, fences, sheds and other play equipment.
7. The play area must be free of hazards and visually inspected daily, prior to Children having access to the area.
8. Sandboxes or sand piles must be maintained in a safe and sanitary condition.
9. Outdoor play areas must provide shade.
a. The Child Care Facility shall ensure sun safety for Children by limiting sun exposure when UV rays are strongest, wearing hats, or applying sunscreen (unless directed otherwise by the Child's parent).
b. Infants younger than six months must stay out of direct sunlight, and Child Care Staff Members may not apply sunscreen to an infant unless the Child's parent provides a physician's recommendation. Written documentation from the physician must be stored in the Child's file.
10. The Department will not require outdoor play space in Nursery School programs, if the curriculum includes at least 20 minutes of gross motor activities.
11. In Child Care Facilities serving 13 or more Children, groups of Children may occupy a play area at the same time when:
a. Staff-Child ratios for each group are maintained at all times;
b. The Child Care Facility has a written policy regarding outdoor play, which includes:
i. The maximum number of Children that may be present at one time;
ii. Specific requirements for supervision, such as zoning of the play area for Children of different age groups; and
iii. Child Care Staff Member positioning and activities.
c. All Child Care Staff Members are trained and adhere to the outdoor play policy.
d. All parents/guardians must receive a copy of the written outdoor play policy.
I.Weapons. Firearms, hunting knives, bows and arrows, and other weapons are prohibited on the premises of the Child Care Facility.
J.Materials, toys, equipment and activities. Materials, toys, equipment and activities must be Developmentally and culturally appropriate for Children enrolled.
1. The Child Care Facility must provide toys and equipment to encourage development for indoor and outdoor activities appropriate to the age range and number of Children.
a. Infants: A sufficient variety of toys, music and books designed to stimulate curiosity, small and large muscle development, hand-eye coordination, and the senses of sight, sound and touch.
b. Toddlers and preschool Children: A sufficient variety to offer activities in each of the following areas: blocks, dramatic play, language and literacy, arts and crafts, games and manipulatives (such as pegboards and puzzles), sensory activities (such as sand and water), science and nature, and music.
c. School-age Children: A sufficient variety to offer activities in each of the following areas: books and language, arts and crafts, games, science and nature, and music.
2. Toys and equipment that have been recalled through the manufacturer or the United States Consumer Product Safety Commission (CPSC) must be removed from the Premises, repaired, or replaced based on the recall information available.
3. The facility must have access to extra Children's clothing, in the event that clothes become soiled, damaged, or were not provided for the activities of the day.
K.Furnishings. The Child Care Facility must be furnished to meet the needs of the Children served.
1. Easily accessible and individual space must be made available for Children's outside clothing and personal possessions.
2. The Child Care Facility must assign each Child his/her own toilet articles (toothbrush, brush, comb, etc.) and personal items (towel, drinking glass) when the use of such is offered.
3. When bathing facilities are available:
a. Children must not take baths together or share the same bath water;
b. Tubs or showers must be cleaned before being used by a different Child;
c. Children must be given clean washcloths and towels; and
d. No Child under five years of age shall be left unattended while in the bathtub or shower.
L.Cribs, cots, and bedding.
1. A crib or play yard that meets Consumer Product Safety Commission (CPSC) safety standards, available at https://www.cpsc.gov/s3fs-public/5023.pdf, must be provided for each Child up to 18 months of age.
a. No crib or play yard may be used for sleeping by more than one Child at a time.
b. Double or multi-decked cribs are prohibited.
c. Mats must be waterproof or washable.
d. Each crib must be equipped with a waterproof, firm, snug fitting mattress which is positioned within two finger widths on all sides of the crib frame.
e. Devices of any type that restrict the movements of Children must not be used in cribs.
f. Toys including mobiles and other types of play equipment that is designed to be attached to any part of the crib must not be used. Each play yard must be used with the original mattress or a replacement specified by the manufacturer.
g. Accessible Child Care Facilities must have at least one designated wheeled evacuation crib for non-mobile infants. Wheeled play yards are not approved evacuation cribs.
2. Bassinets that meet CPSC safety standards may be used for infants up to five months of age, within appropriate weight limits. A Child Care Facility may not use a bassinet for an infant who can independently lift their chest off the sleep surface.
3. Cribs, bassinets and play yards for infants less than 12 months old must not include soft or loose bedding including, but not limited to: bumper pads, pillows, quilts, comforters, blankets, sleep positioning devices, bibs or stuffed toys. Appropriately fitted arms-free wearable blankets are permitted.
a. Cots, mats, play yards, bassinets, and cribs used by any infant or toddler must be cleaned and sanitized between use by different Children, when contaminated, or at a minimum of once per week.
b. All crib, bassinet, and play yard mattresses will be covered by a snugly-fitted sheet.
c. Cribs, cots, beds, mats, or play yards used for sleeping must be arranged in a manner that ensures that they are spaced at least 2 feet apart to allow walking between while in use or separated by a solid divider on one side.
4. A separate mat, bed or cot, with a blanket or sleeping bag, must be assigned to each Child under the age of five in care for longer than four hours. All bedding must be cleaned before being used by another Child. Bedding must be cleaned as needed, or at least weekly.
a. Blankets, sleeping bags, bedding, cots, and mats must be stored in a manner which ensures that sleeping surfaces are not touching or must be washed and disinfected before re-use if stored in a manner that allows sleeping surfaces to touch during storage.
b. Sheets must be washed or changed before being used by another Child. Sheets and all wearable blankets must be laundered as needed, but no less than weekly.
5. Children must not be wrapped tightly in blankets and must not have their heads covered during sleep or rest times.
M.Toilet facilities. Washing and toilet facilities with both hot and cold running water and soap must be provided.
1. One toilet and wash basin is required for every twenty (20) Children, must be readily accessible to Children, and allow for the ongoing supervision of Children.
2. Child Care Facilities must have one hand-washing sink in each diaper-changing area, located where supervision of all Children in the group can be maintained.
3. A step, low platform, or other means must be placed next to toilets and wash basins, for Children who need help reaching and using them.
4. Water temperature must not exceed 120° Fahrenheit in taps available for use by Children.
5. Either disposable paper products, or clean, individually assigned wash cloths and towels may be used. Individually assigned washcloths and towels must be laundered daily.
N.Diapering/Toileting
1. Children must be checked at a minimum of every two (2) hours for wet or soiled diapers and clothing, and must be changed as soon as possible
2. Wet or soiled disposable diapers must be placed in a lined, lidded, container, separate from other trash or garbage and separate from play or food-preparation areas, or individually bagged and tied within a lidded shared garbage container.
3. Diapering must be done on a changing table or washable vinyl mat which is cleaned after each use or which has a disposable single-use covering.
4. The changing table or mat must not be located in the kitchen or food preparation area.
5. Child Care Staff Members must wash their hands and the Child's hands with soap and running water after each diaper change.
6. For Children using cloth diapers, the diaper must have a clean, absorbent inner lining completely contained within an outer covering made of waterproof material that prevents the escape of feces and urine.
a. Both the diaper and the outer covering must be changed as a unit.
b. Cloth diapers and clothing that are soiled by urine or feces must be immediately placed in a clean sealable bag or container (without rinsing, shaking, or dumping) and sent home that day for laundering.
c. This sealable bag or container must be stored out of reach of Children.
7. The facility must collaborate with families to determine the best toileting practice based on the needs of each Child.
8. Potty chair receptacles must be emptied immediately after each use, rinsed, and sanitized in a sink not used for food preparation.
9. Potty chair receptacles may not be used in a food preparation area.
O.Pets
1. Pets must not present a danger to Children.
2. The premises must be free of pet or other animal waste and the interior of the facility must be free of pet waste odors.
3. Pet waste boxes must not be kept in food preparation or food service areas and must be covered so that Children cannot come into contact with pet waste.
4. All pets must be vaccinated against rabies and a record of each pet's vaccination must be retained as provided in Section 5 of this rule.
P.Fire evacuation drills
1. Fire evacuation drills must be conducted at least once a month for all Children and adults present using at least two (2) means of exit. A record of all fire evacuation drills must be maintained as provided for in section 5 of this Rule.
2. Fire drills must be conducted according to policies and procedures that are posted in each room utilized by Children.
3. Pull alarms or smoke detectors must be used, when possible, to execute the fire drills.
Q.Emergency preparedness plan. Child Care Facilities must have a written emergency preparedness plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the Children in the Child Care Facility. Child Care Staff Members must review the emergency preparedness plan annually and update as needed. Child Care Facilities must retain the updated copy of the plan for evacuation and provide details of the emergency relocation procedures to each Parent or Legal Guardian of the Child at the time of the Child's enrollment with the Child Care Facility and whenever the plan is updated
1. The plan must provide for the following:
a. Evacuation, including a designated relocation site and evacuation route;
b. Lockdown of the facility or shelter-in-place;
c. Procedures for notifying Parents/Legal guardians;
d. Procedures to address the needs of individual Children including Children with special needs;
e. Coordination with local emergency management officials; and
f. Guidelines for the continuation of Child care services in the period following the emergency or disaster.
2. The Child Care Facility must conduct an evacuation drill at least twice a year and the dates must be recorded and be available for review. A simulated drill is acceptable.
3. All Child Care Staff Members must be trained in and familiar with the emergency preparedness plan.

10-148 C.M.R. ch. 32, § 14