10-148-33 Me. Code R. § 14

Current through 2024-25, June 19, 2024

Section 148-33-14 - ENVIRONMENT AND SAFETY

A.General condition of the building and surrounding Premises. A Provider 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 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 Infants, toddlers and preschool Children.

8. The Provider must have a phone in working condition on the Premises.

9. A Provider may Lock the main entrance of their home and/or the Premises to prevent access from the exterior, provided that the door can be freely opened from the interior and there is a means to inform the Provider of the arrival of Parents/Legal 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 provider 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. Provider's 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. Providers must empty trash, recycling, and compost containers and remove the contents from childcare space when the containers are filled, or sooner if contents create an odor or a health risk.

B.Outdoor playtime and indoor activities.

1. 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.

2. When weather presents a risk to Children in accordance with Child Care Weather Watch and the Air Quality Index as provided below, gross motor activity will be substituted for outdoor time.

3. Provider must monitor the local weather and follow the recommendations of the Department's Child Care Weather Watch, which can be accessed at https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/documents/ocfs/childrens-licensing-and-investigation/documents/WeatherWatch.pdf

4. Provider must monitor the local air quality index as reported by the United States Environmental Protection Agency, which can be accessed at https://www.airnow.gov/. If the air quality index is "Unhealthy for Sensitive Groups" (USG) or higher, Children must be kept indoors.

5. Television, video viewing, and/or use of the computer or hand-held electronic devices shall be educational, age appropriate, and limited to ninety minutes or less per day. Alternative activities for children must be made available during these times

C.Satisfactory lead levels. Providers 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. Providers will have an annual screening for potential lead hazards due to chipped and/or peeling paint.

2. A Provider 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 Provider 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 home built prior to 1978, the Provider must provide written notification to the Parents of all Children in care and prospective families of the possibility of exposure to lead paint. The Provider 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. Providers 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 are certified by Underwriters Laboratories LLC(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 the home 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 Providers 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 Provider 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 Provider must provide a minimum net area of thirty-five (35) square feet of usable space per Child.Areas not to be calculated as usable space include hallways, cubbies, door swings, closets, supply cabinets, and bathrooms.

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. 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 bodies 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.

2. Outdoor active play equipment must be arranged to allow providers to maintain line of sight supervision of Children at all times.

3. 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).

4. 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.

5. A variety of equipment suitable for the age and needs of all Children in care must be available. Climbers, swings and slides must be firmly secured, clean, in proper repair and safely constructed; and located at a sufficient distance to prevent injury from any hard surfaces, including poles, fences, sheds and other play equipment.

6. The play area must be free of hazards and visually inspected by a Provider daily, prior to Children having access to the area.

7. Sandboxes or sand piles must be maintained in a safe and sanitary condition.

8. Outdoor play areas must provide shade. The provider 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). Infants younger than six months must stay out of direct sunlight, and a Provider 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.

I.Weapons. Firearms, hunting knives, bows and arrows, and other weapons kept on the Premises must remain in a Locked case, closet, or cabinet inaccessible to Children during all hours of operation.

1. Firearms must be kept unloaded. Ammunition must be Locked in a separate location from weapons.

J.Materials, toys and equipment. Materials, toys, and equipment must be Developmentally Appropriate for Children enrolled.

1. 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.

2. 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.

3. 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.

4. 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.

5. The Provider 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 Provider 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 Provider 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. Each play yard must be used with the original mattress or a replacement specified by the manufacturer.

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.

2. Bassinets that meet CPSC safety standards may be used for Infants up to five months of age, within appropriate weight limits. A provider 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 must be covered by a snugly fitted sheet.

c. Cribs, cots, beds, mats, or play yards used for sleeping must be spaced at least 2 feet apart 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.

M.Toilet facilities. Washing and toilet facilities with both hot and cold running water and soap must be provided.

1. 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.

2. Providers must not exceed a water temperature of 120° Fahrenheit in taps available for use by Children.

3. 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. Staff 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 Provider 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 home 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. Smoke detectors must be used, when possible, to execute the fire drills.

Q.Emergency preparedness plan. Providers 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. Providers and Staff Members must review the emergency preparedness plan annually and update as needed. Providers 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 Provider 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 residence and/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 in the period following the emergency or disaster.

2. The Provider must conduct an evacuation drill at least twice a year and the dates must be recorded and be available for review.

3. All Staff Members must be trained in and familiar with the emergency preparedness plan.

10-148 C.M.R. ch. 33, § 14