Mont. Admin. R. 37.96.402

Current through Register Vol. 11, June 7, 2024
Rule 37.96.402 - HAZARDS
(1) All licensed and registered child care providers are responsible for keeping hazardous materials and objects inaccessible to children in care, including personal property of staff and licensee.
(2) Cleaning materials, flammable liquids, aerosol cans, and other toxic materials must be kept in their original containers and in a place inaccessible to children. They must not contaminate play surfaces, food, food preparation areas, or constitute a hazard to the children when used.
(3) Bio-contaminants including blood, bodily fluids, and other infectious materials must be properly disposed of.
(4) The building and grounds used by children must be maintained to ensure the following:
(a) the building is in good repair;
(b) the floors, walls, ceilings, furnishings, and other equipment are easily cleanable and reasonably clean;
(c) the building and grounds are reasonably free of insects, rodents, and other vermin;
(d) the building and grounds are reasonably neat and free from the accumulation of dirt, rubbish, or other health and safety hazards;
(e) all rooms must be dry, well ventilated, and well lit; and
(f) the children attending the facility must not be exposed to paint containing lead in excess of .0009%.
(5) During business hours, any guns stored on the premises of a child care facility must be kept in locked storage. Ammunition must be kept in locked storage separate from the gun.
(6) Electrical outlets must be tamper-resistant or covered in areas occupied by children under five years old, and exposed light sockets must be suitably protected to prevent electrocution.
(7) Toys, play equipment, and any other equipment used by the children must be sturdy and free from rough edges, sharp corners, splinters, and must be kept in good repair.
(8) Choking hazards must not be accessible to children who are still placing objects in their mouths, including:
(a) toys and objects with a diameter of less than one inch (2.5 centimeters) and objects with removable parts that have a diameter of less than one inch (2.5 centimeters);
(b) plastic bags;
(c) Styrofoam objects; and
(d) balloons.
(9) Full-size trampolines, ball pits, and other inflatable play structures are prohibited for use by children in care and, if they exist on the premises, must be inaccessible to children in care.
(a) Mini trampolines are permitted when used according to manufacturer's specifications, by one child at a time, and with supervision.
(10) Bathtubs, buckets, water tables for play, and other water receptacles must be emptied immediately after use.
(11) Guardrails, gates, or protective barriers must be installed along open-sided walking surfaces including stairs, ramps, and landings, where there is more than a 36-inch vertical distance to fall.

Mont. Admin. R. 37.96.402

NEW, 2024 MAR p. 738, Eff. 4/13/2024

AUTH: 52-2-704, 52-2-731, 52-2-735, MCA; IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-724, 52-2-731, 52-2-734, 52-2-735, MCA