N.H. Code Admin. R. He-C 6917.05

Current through Register No. 23, June 6, 2024
Section He-C 6917.05 - Building and Physical Premises Safety
(a) Both indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.
(b) Providers shall maintain the child care environment and ensure the indoor space is:
(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked or crimped cords, or unprotected outlets;
(2) Free from fire hazards;
(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;
(4) Free from cords or strings long enough to encircle a child's neck which pose a strangulation hazard and are accessible to children, including, but not limited to, telephone cords and window blind cords;
(5) Free from guns, weapons, or live or spent ammunition which are not in locked storage;
(6) Free from accessible knives and sharp objects unless the object is being used under direct supervision of the provider;
(7) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;
(8) Free from accessible loose and flaking paint;
(9) Well-lit to allow for the supervision of children and for the provider and children to move about safely;
(10) Free from damp conditions which result in visible mold or mildew or a musty odor;
(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct provider supervision only;
(12) Free from empty plastic bags, or bags which pose a suffocation hazard, which are accessible to children under the age of 3 years; and
(13) Free from accessible items labeled "keep out of reach of children" unless the item is non-toxic and being used under the direct supervision of the provider.
(c) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building. Windows and glass doors shall be constructed, adapted, or adjusted via the use of window guards or other means to prevent injury to children.
(d) Stairways with more than 3 steps shall be equipped with handrails and all stairways which are accessible to children younger than 3 years of age shall be equipped with functional, properly latched safety gates.
(e) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.
(f) Providers shall ensure that all indoor areas used by children;
(1) Have a safe, functioning heating system;
(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and
(3) Have working smoke detectors on each level.
(g) Portable electric space heaters shall:
(1) Be inaccessible to children;
(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and
(3) Be installed and operated in accordance with the manufacturer's specifications.
(h) Outside areas which are accessible to children shall be free of hazards including, but not limited to:
(1) Unprotected pools, wells, or other bodies of water;
(2) Lawn and farm machinery;
(3) Trash, litter, or debris;
(4) Animal feces; and
(5) Any other dangerous items or substances.
(i) In outside areas used by children, stationary play equipment accessible to children shall not be over hard surfaces such as cement or asphalt.
(j) Play areas shall be enclosed by a fence if they are determined by the department to be unsafe because they are on a roof, or located adjacent to any dangerous area.
(k) All fencing shall be designed to restrain children who have not yet entered school from climbing out of, over, under or through the fence.
(l) All swimming pools and wading pools shall be inaccessible to children except during supervised activities.
(m) Wading pools shall:
(1) Be emptied and cleaned after each use;
(2) Be stored so that water does not collect in them; and
(3) Not contain water that is more than 10 inches deep.
(n) Providers shall have a safe supply of water under pressure available for drinking and household use.
(o) Providers shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system, except for potty chairs designed for use by older infants and toddlers.
(p) During all hours of operation there shall be functional sewage disposal facilities.
(q) Providers and household members shall not smoke in the building during operating hours.

N.H. Code Admin. R. He-C 6917.05

#12536, eff 5-24-18

Amended by Number 23, Filed June 8, 2023, Proposed by #13650, Effective 5/25/2023, Expires 5/25/2033.