Okla. Admin. Code § 340:110-3-86

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

Section 340:110-3-86 - Home environment

(a)Physical conditions.

(1)Licensing accessibility. All areas of the home are accessible to Licensing.

(2)Indoor space. There is minimum indoor space available for children's routine use of not less than 35 square feet per child excluding hallways, bathrooms, kitchen, and space not intended for children's use. Rooms used exclusively for napping are not included in the capacity.

(3)Maintenance. The home is in a good state of repair, clean and sanitary, and has operable utilities.

(4)Phones. The home has an operable landline or cellular phone.

(5)Toilet facilities. The home has:

(A) a sink with comfortably warm or tempered running water not to exceed 120 degrees Fahrenheit;

(B) an operable toilet available for children's use;

(C) soap for hand-washing and individual towels; and

(D) toilet paper within easy reach of children.

(6)Hazards. The premises are free of hazards, indoor and out.

(A) All medicines, cleaning products, hazardous items, and tobacco or simulated tobacco materials are inaccessible to children.

(B) The premises are free of illegal drugs and paraphernalia.

(C) Clear glass doors are plainly marked at the child's eye level to avoid accidental impact.

(D) Play equipment and home furnishings accessible to children do not pose tipping hazards.

(E) All stairways with four or more steps have a railing. Indoor stairways are made inaccessible when infants and toddlers are in care.

(7)Weapons. All weapons are stored unloaded in a locked container, cabinet, or closet. Ammunition is stored in a locked area separate from weapons.

(8)Lighting and ventilation. Rooms used by children are lighted enough to accommodate activities with comfort and allow the caregiver to see children's facial features at all times. Rooms used by children are ventilated.

(9)Tobacco products. When children are in care, smoking and simulated tobacco use is prohibited inside the home and in the presence of children. Other tobacco products are not used in the presence of children or in areas designated for children's use. Parents are informed upon enrollment of smoking and simulated tobacco use in the home.

(10)Indoor temperature. The indoor areas are maintained between 65 and 80 degrees Fahrenheit.

(11)Screens. Opened windows or doors maintain screens to minimize the entry of insects.

(12)Outdoor play safety. There is an outdoor play area on the premises with at least 75 square feet per child.

(A) This area must be hazard free, away from traffic, water, and other dangers.

(B) A fence beginning at ground level and in good repair is required. Licensing may grant an exception when children's safety can be ensured.

(13)Outdoor play. Children play outdoors daily when weather conditions do not pose a significant health risk.

(14)Fire safety. The home complies with all fire safety requirements, per Oklahoma Administrative Code (OAC) 340:110-3-97.

(15)Water supply and waste disposal. Water supply, sewage disposal, and solid waste disposal meet local city ordinances and Oklahoma Department of Environmental Quality regulations.

(16)Water testing. When not on a public water supply, water is tested initially and annually for lead, bacteria, and nitrates.

(17)Questionable conditions. When the fire, safety, or health conditions are questionable, the appropriate state or local agency is requested to inspect the home.

(b)Water safety.

(1)Supervision. Any play activity involving water is supervised constantly.

(2)Accessibility of ponds, pools, and hot tubs. No ponds, pools, or hot tubs are accessible to children.

(3)Fencing. Pools are fenced to prevent unsupervised access. All doors and gates leading to the pool are locked. There is a:

(A) sturdy fence at least four feet high and cannot be easily climbed; or

(B) fence connecting to the top of an above-ground pool and extending two feet above the pool.

(4)Wading pools. Portable wading pool use is prohibited.

(5)Swimming. Swimming pools used by the child care home are considered public bathing places and must meet water quality, occupancy, and fencing standards, per Design Standards and Operational Criteria for Public Bathing Places, Oklahoma State Department of Health Engineering Bulletin. This includes wading pools, water parks, in-ground pools, and above-ground pools. When children swim in a pool:

(A) the caregiver is at or in the water and appropriately dressed to enter the water at any time;

(B) an individual with a Community Water Safety Certificate or a Licensing-approved comparable certificate is in attendance at all times; and

(C) the adult to child ratio for:

(i) infants and toddlers is one adult to one child. This adult:

(I) is not counted in any other adult-child ratios; and

(II) remains in direct physical contact with infants at all times during swimming or wading; and

(ii) children 2 years of age and older meets requirements, per OAC 340:110-3-84(a) through (d) for family child care homes and OAC 340:110-3-97.1(f) for large family child care homes; and

(iii) four or more children 2 years of age through 3 years of age, requires one additional adult.

(6)Restrictions.

(A) Hot tub use by children in care is prohibited. The hot tub must be equipped with a hard cover.

(B) Swimming and wading is not permitted at a lake, pond, or other body of water.

(c)Animals and household pets.

(1) Parents are advised of animal presence.

(2) Animals are in good health, do not show evidence of carrying disease, are friendly, and do not pose a health or safety risk.

(3) All contact between animals and children is supervised by a caregiver close enough to remove the child or animal immediately if the animal shows distress signs or the child shows signs of treating the animal inappropriately.

(4) Current rabies vaccination administered by a licensed veterinarian for dogs and cats is documented and maintained on the premises.

(5) Ferrets, turtles, and any wild or dangerous animals are in an area inaccessible to children.

(6) Reptiles, such as crocodiles, alligators, poisonous snakes and lizards, pythons, and boa constrictors, are not on the premises.

(7) Animals are restricted from areas where food is prepared or served and from children's sleeping surfaces.

(8) Animal litter boxes are not located in food preparation areas and are not easily accessible to children in other areas of the home.

(9) Outdoor play areas are cleaned of animal waste before children play outside.

(10) When an animal bites a child and the skin is broken, the child's parent is contacted immediately. Licensing and the local or Oklahoma State Department of Health are notified within 24 hours.

(d)Overnight care. Overnight care is only provided by a licensed caregiver at his or her primary residence.

Okla. Admin. Code § 340:110-3-86

Amended at 10 Ok Reg 107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended at 17 Ok Reg 1607, eff 5-25-00; Amended at 22 Ok Reg 35, eff 10-1-04 (emergency); Amended at 22 Ok Reg 921, eff 5-12-05; Amended at 25 Ok Reg 22, eff 10-1-07 (emergency); Amended at 25 Ok Reg 1962, eff 7-1-08

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

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