Okla. Admin. Code § 340:110-3-300

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-300 - Facility

(a)Location. The facility is located in an area minimizing children's health and safety hazards.

(b)Other business. When the program shares the facility with another business, requirements are met, per Oklahoma Administrative Code (OAC) 340:110-3-277(b).

(c)Construction. The facility complies with the building and fire codes of the local or state governmental authority having jurisdiction applicable at permit or license issuance. Programs operating 24-hours per day comply with additional codes.

(1) New construction and reconstruction, such as building remodeling or area not previously licensed for child care, complies with current requirements and building and fire codes.

(A) Construction plans for a new building, an addition, or reconstruction of an existing building are submitted to the local or state fire governmental authority having jurisdiction for approval prior to construction.

(B) Construction, reconstruction, or alterations occurring during operating hours is conducted safely.

(C) When existing or new surfaces are painted, the lead paint content is not above 0.06 percent.

(2) Mobile or permanently situated manufactured and mobile homes are prohibited. However, a program licensed in a manufactured home before February 1, 1981, is exempt unless the program has an address change.

(d)Floors. Floor surfaces are:

(1) easily cleaned;

(2) sealed when made of absorbent material, such as concrete and wood; and

(3) smooth and non-carpeted within food service areas and restrooms.

(e)Walls and ceilings. Wall and ceiling surfaces are:

(1) easily cleaned; and

(2) smooth and washable up to the highest level reached by splash or spray in areas where:

(A) food is prepared;

(B) food-contact items are washed; and

(C) food service personnel wash his or her hands, such as walls behind sinks and counters.

(f)Electrical. The electrical system is installed, per the Oklahoma Electrical Licensing Act.

(1) Electrical systems installed and maintained after June 1, 1987, comply with current electrical codes of the local or state governmental authority having jurisdiction.

(2) Temporary wiring, used as permanent wiring is prohibited.

(3) Extension cords, used as permanent wiring are prohibited, unless equipped with built-in circuit breakers or fuses, such as surge protectors with a built-in fuse.

(4) Unused electrical outlets accessible to children 5 years of age and younger are equipped with safety devices, such as outlet covers.

(g)Lighting. The lighting:

(1) levels provide comfort and safety, including observing children's facial features; and

(2) fixtures in food preparation and service areas are shielded.

(h)Heating and cooling. The systems pose no risk and comply with building and fire codes of the local or state governmental authority having jurisdiction.

(1) The indoor temperature in children's areas is between 65 and 80 degrees Fahrenheit (F).

(2) Electric baseboard heaters may be used when wired directly into the electrical system and no objects have heating element contact.

(3) Prohibited use of heating equipment includes:

(A) portable fuel-burning space heaters;

(B) open flame heaters, such as gas-fed, wall mounted heaters, wood-burning fireplaces and stoves, fireplace inserts, pellet stoves, and other devices producing open flames;

(C) unvented and vent-free fuel-burning heaters; and

(D) equipment not specifically designed or installed as a typical heat source, such as cooking equipment.

(4) The prohibited equipment controls, such as the knobs, are removed or inaccessible during operating hours.

(5) Portable, electric space heaters, including electric, oil-filled heaters, may be used as supplemental heat provided the equipment:

(A) has Underwriters Laboratory (UL) approval;

(B) has an automatic shut off feature for tipping over and overheating;

(C) has an external protective covering protecting hands and objects from the electric heating elements;

(D) is used, per the manufacturer's instructions;

(E) is not used with an extension cord, including extension cords equipped with built-in circuit breakers or fuses;

(F) does not overload the electrical circuits, such as causing flickering lights or continuously shutting the electric power off;

(G) placement is:

(i) on a flat floor only;

(ii) at least three feet from flammable materials, such as paper, curtains, and furniture; and

(iii) inaccessible, including the electrical power cord; and

(H) is attended while in use, such as personnel present in the room or classroom.

(6) Guards protect children from hot heater surfaces, including floor furnaces.

(i)Ventilation. Rooms are properly ventilated, such as with a central heat and air system.

(1) Rooms, including the kitchen have sufficient ventilation keeping rooms free from heat, steam, vapors, smoke, and fumes.

(2) Ventilation systems comply with building and fire codes of the local or state governmental authority having jurisdiction.

(j)Plumbing. The plumbing is installed, per the Oklahoma Plumbing Licensing Act.

(1) Plumbing systems installed and maintained after June 1, 1987, are installed, per the current plumbing codes of the local or state governmental authority having jurisdiction.

(2) Cross-connections are prohibited between the safe drinking water supply and non-safe or questionable drinking water supply or pollution source contaminating the safe drinking water.

(k)Water supply. The water supply:

(1) is adequate, safe, sanitary, and from a:

(A) public water supply; or

(B) non-public water supply, such as well water, meeting local and Oklahoma Department of Environmental Quality (DEQ) testing requirements. The program obtains at least total coliformbacteria, nitrate, and lead test results every 12 months from a DEQ accredited drinking water laboratory. Documentation is maintained, per OAC 340:110-3-281.2(c); and

(2) has hot and cold running water under pressure in food preparation areas or where food-contact items and surfaces are washed.

(l)Sewage disposal. Sewage, including mop water, is disposed in a public sewage system or, in its absence, a manner approved by DEQ.

(m)Toileting facilities. The toileting facilities requirements in (1) and (2) of this subsection are met.

(1) For every 15 children, the facility has at least one toilet, excluding urinals and potty chairs, easily accessible and in the same building where care is provided.

(2) The toileting facilities:

(A) have operable toilets;

(B) have toilet paper within easy reach of children;

(C) with doors meet the door requirements in (q) of this Section; and

(D) used by 6-year-olds or older provide privacy, such as being equipped with doors or having children take turns while supervision is maintained.

(n)Hand washing facilities. The hand washing facilities requirements in (1) through (3) of this subsection are met.

(1) Required sinks are plumbed, per (j) of this Section.

(A) For every 15 children, the facility has at least one sink, excluding food service areas and portable sinks, easily accessible and in the same building where care is provided.

(B) Diaper changing areas have at least one sink, excluding portable sinks in the same classroom or a restroom opening directly into the classroom when the classroom has 2-year-olds or younger in diapers. However, a sink is not required when the:

(i) classroom has 2-year-olds or older with disposable or cloth training pants, provided adequate supervision and sanitation provisions are made; or

(ii) licensed capacity is 15 or less and the facility was originally designed as a family residence provided:

(I) a centrally located restroom sink with a diaper changing area is nearby; and

(II) children in diapers play throughout the house rather than an assigned classroom.

(C) The food service areas have at least one hand washing sink, excluding portable sinks:

(i) with a mixed-valve faucet, in programs licensed after June 1, 1987; and

(ii) that is separate and in addition to food preparation and dishwashing sinks.

(2) Portable sinks do not replace required sinks, per (1) of this subsection. However, portable sinks may be used in addition to required sinks, provided sanitary conditions are maintained, including obtaining water from an appropriate water supply, per (k) of this Section.

(3) Hand washing facilities have:

(A) operable sinks with running water between 80 and 120 degrees Fahrenheit;

(B) soap, paper towels, or mechanical hand dryers, and trash containers within children's easy reach; and

(C) posted procedures, per OAC 340:110-3-281.1(g).

(o)Kitchens. Kitchens are in a separate area discouraging unsupervised children and unauthorized individuals.

(p)Basements. Basements used for children meet the requirements, per OAC 340:110-3-301(b).

(q)Exits, doors, windows, and screens. The requirements in (1) through (7) of this subsection are met.

(1) Exits and exit routes are not blocked by equipment, furniture, or other objects.

(2) Interior and exterior evacuation exit doors:

(A) open from the inside without a key; and

(B) unlock, unlatch, and open with a single motion.

(3) Restroom doors unlock from the outside in an emergency, with an opening device readily accessible to personnel.

(4) Closet doors can be opened from the inside by children.

(5) Clear glass doors and windows beginning at ground level are plainly marked at children's eye level.

(6) Exterior screen or storm doors have a self-closing apparatus.

(7) Opened exterior doors and windows have properly fitted screens.

(r)Stairways. Interior and exterior stairways with four or more steps have at least one handrail.

(s)Barriers. Barriers:

(1) are provided on porches, elevated walkways, and elevated play areas of more than two feet in height; and

(2) have openings less than:

(A) two and 3/8 inches when accessible to 1-year-olds and younger; and

(B) four inches when accessible to 2-year-olds and older.

(t)Individual smoke alarms. Individual smoke alarms are:

(1) required when the facility is not equipped with a central detection and alarm system for smoke, per (v) of this Section;

(2) mounted, per the manufacturer's instructions and fire governmental authority having jurisdiction; and

(3) tested and maintained, per OAC 340:110-3-279(f).

(u)Individual carbon monoxide alarms. At least one individual carbon monoxide alarm is:

(1) required when a fuel burning appliance is in the building and the facility is not equipped with a central detection and alarm system for carbon monoxide, per (v) of this Section;

(2) mounted, per the manufacturer's instructions and fire governmental authority having jurisdiction; and

(3) tested and maintained, per OAC 340:110-3-279(f).

(v)Central detection and alarm system for smoke and carbon monoxide. The facility may be equipped with hard-wired or wireless detectors connected to a central control panel. When equipped, the system is:

(1) installed, per the manufacturer's instructions and fire governmental authority having jurisdiction; and

(2) tested and maintained, per OAC 340:110-3-279(f).

(w)Fire extinguishers. Fire extinguishers:

(1) are portable and Class ABC;

(2) are the quantity, size, type, and installation required by the fire governmental authority having jurisdiction;

(3) have locations posted, per OAC 340:110-3-281.1(i); and

(4) are tested and maintained, per OAC 340:110-3-279(f).

(x)Phone. The program provides an operable landline or cellular phone in each building and on each floor.

(y)Utilities. The facility has operable utilities.

(z)Maintenance of facility. The facility is structurally sound, with interior and exterior in good repair, such as:

(1) floors without broken tile, torn carpet, and holes;

(2) walls and ceilings without holes and peeling paper and paint; and

(3) windows and doors without broken glass and other hazards.

Okla. Admin. Code § 340:110-3-300

Amended and renumbered from 340:110-3-11 at 32 Ok Reg 704, eff 1-1-16 (emergency)

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 39, Issue 15, April 15, 2022, eff. 6/1/2022.

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023