218 R.I. Code R. 218-RICR-70-00-1.8

Current through December 26, 2024

Section 218-RICR-70-00-1.8 - Physical Facilities

A. Required Inspections and Certifications

1. Prior to receiving an initial license, the program must show compliance with current inspections or certifications regarding:

a. Building;

b. Fire, from a State Fire Marshal;

c. Lead; to be completed in accordance with Lead Poisoning Prevention, 216-RICR-50-15-3, promulgated by the Rhode Island Department of Health pursuant to R.I. Gen. Laws § 23-24.6-14 (not applicable in buildings built after 1978 or in public school buildings);

d. Asbestos; to be completed in accordance with Asbestos Control, 216-RICR-50-15-1, issued by the Rhode Island Department of Health;

e. Radon; to be completed in accordance with Radon Control, 216-RICR-50-15-2, issued by the Rhode Island Department of Health;

f. Water potability (as applicable for programs with well-water); to be completed in accordance with Public Drinking Water Regulations, 216-RICR-50-05-1, and Private Drinking Water Systems Regulations, 216-RICR-50-05-2, both issued by the Rhode Island Department of Health;

g. Food safety (as applicable for programs that prepare and serve meals);

h. Public pools (as applicable for programs with a pool on program grounds); to be completed in accordance with Licensing Aquatic Venues, 216-RICR-50-05-4 issued by the Rhode Island Department of Health; and

i. Playground Inspection for any new facilities applying for licensure subsequent to the date of these Regulations or any previously licensed program making structural changes to their playground/playground equipment subsequent to the date of these Regulations.

2. If you are a school age program operating in a public-school building, the program must show compliance with the current inspections or certifications below:

a. Fire, from a city, town or State Fire Marshal; and

b. Radon; to be completed in accordance with Radon Control, 216-RICR-50-15-2, issued by the Rhode Island Department of Health.

3. To maintain licensure, upon renewal, the program must show compliance with current inspections or certifications regarding:

a. Fire

b. Lead; every two (2) years unless deemed "Full Lead Safe" by a certificate.

c. Radon; every three (3) years

d. Water potability (as applicable for programs with well-water);

e. Food safety (as applicable for programs that prepare and serve meals); and

f. Public pools (as applicable for programs with a pool on program grounds).

B. Construction

1. The construction of new buildings or outdoor space for the use of children, or the renovation/modification of existing buildings or outdoor space used by children requires approval by the Department prior to the start of construction.

2. The program is responsible to obtain new inspections as necessitated by construction.

a. Any construction at programs licensed prior to these Regulations will require the program to adhere to the most recent set of Regulations for the age group in which the construction is impacting.

3. Removal of lead paint must be done in accordance with the guidelines set for in the Removal of Lead Based Paint from Exterior Surfaces, 250-RICR-120-05-24, promulgated by the Rhode Island Department of Environmental Management.

C. Structural Requirements and Mechanical Systems

1. Each room, used by children, must be ventilated via a ventilation system or opened door or window.

a. Any door or window that is used for ventilation must not inhibit the security of the program.

b. All exterior windows that can open are securely screened.

2. Each Infant, Toddler, or Preschool classroom in an existing program, has natural light through a window, windowed door, or skylight (either directly into the classroom or from a shared space), enough to provide supervision of the entire classroom without the use of artificial lighting.

3. Each Infant, Toddler, Preschool, or School Age classroom, in a program licensed subsequent to the date of these Regulations, has natural light through a wall-level window, directly within each classroom space, enough to provide supervision of the entire classroom without the use of artificial lighting.

a. Exceptions may be made for public, private, or parochial schools approved by the Rhode Island Department of Education.

4. Each classroom and activity space has artificial lighting that is intact and in good working order.

5. The temperature in all classrooms and other spaces used by children is maintained within a range of sixty-five degrees Fahrenheit and seventy-four degrees Fahrenheit (65° F - 74° F), at the children's height.

a. In an infant classroom, the temperature should be minimum, sixty eight degrees Fahrenheit (68° F) at the height of the crib.

6. Portable space heaters are prohibited.

7. All classroom and program exits/egresses are:

a. Clearly identified; and

b. Free of clutter around the area of the door.

8. Any unfamiliar individual requesting entry into the program must provide photo identification prior to admittance.

9. All entrances to the program are kept locked with mechanisms in place for monitoring entry.

a. If at any time an entrance to the program is unlocked (e.g., drop off/pick up, service deliveries), a designated staff person is required to directly monitor all entries/exits from the program and is then responsible for re-securing the entrance.

10. All hand-washing sinks have running tempered water.

11. There is a telephone (landline or cellular), solely designated for program and business use, located within the program at all times and readily available for use in case of an emergency.

12. Facilities used by children are above grade, as defined by the Rhode Island Building Code

D. Toileting and Diapering Facilities

1. Programs serving Infants and/or Toddlers have one (1) diaper changing area with one (1) sink per classroom, used exclusively for hand-washing, accessible without barriers (such as doors) for all programs licensed subsequent to these Regulations.

2. Programs serving Toddlers have one (1) toilet and one (1) sink for each group of twenty (20) children.

3. Programs serving Preschool have one (1) toilet and one (1) sink for each group of ten (10) children.

4. Bathroom facilities used by Infant, Toddler, and Preschool children are located on the same level as their respective classrooms.

5. Programs serving School Age children must have one (1) toilet and one (1) sink for each group of twenty (20) children.

a. School Age programs must have separate bathroom facilities for both boys and girls that provide privacy for children.

b. School Age programs serving under twenty (20) children may use one (1) fully enclosed gender-neutral bathroom.

c. During the operation of the School Age program, School Age bathrooms are for the exclusive use of School Age children.

6. In existing School Age programs, School Age bathrooms located in or near Toddler or Preschool bathroom facilities must be equipped with a privacy stall for the exclusive use of School Age children.

7. In any School Age program, licensed subsequent to the date of these Regulations, the bathroom facilities must be separate and apart from the Toddler or Preschool facilities.

8. Toilets are appropriate to the size of the child.

9. There are toilet facilities in the same building for exclusive use by staff and other adults.

a. Adults are not permitted to use any child's bathroom.

b. Children are not permitted to use any adult's bathroom.

E. Food Preparation

1. There must be an area for food preparation that is sanitized prior to use for food handling, preparing, and distributing of snacks.

2. If meals are prepared and served at the program, there is a kitchen equipped for food preparation that meets minimum requirements of Rhode Island Department of Health (RIDOH).

3. If refrigeration is used, temperatures are maintained at forty-one degrees Fahrenheit (41° F) or lower for refrigerator and zero degrees Fahrenheit (0° F) or lower for freezer.

4. A dishwasher with a sanitizing option or a three (3) bay sink must be used for re-usable tableware utilized by children.

F. Classroom and Activity Room Requirements

1. Classrooms, with the exception of those used solely for School Age children, are defined at minimum, by dividers that are at least four feet (4') high and are securely fastened to the floor, wall or other means that ensures stability.

2. Movement of classroom dividers requires permission from the Department and may result in the re-measurement of space.

3. Classrooms used by Infants and/or Toddlers must be on the first (1st) floor.

4. Classrooms used by Preschool or School Age children must be on the first (1st) or second (2nd) floor.

5. Each Preschool or School Age classroom must maintain a minimum of thirty-five (35) square feet of usable floor space for each child.

6. Each Infant and/or Toddler classroom must maintain a minimum of forty-five (45) square feet of usable floor space for each child.

7. Infants and/or Toddlers may only use additional activity rooms located on the same level as their respective classrooms.

8. Preschool and School Age children may use additional activity rooms located on the first (1st) or second (2nd) floor.

9. Any classroom used by Infants and/or Toddlers, in an existing program, must have access to the outdoors without the use of stairs or elevators.

10. Any classroom used by Infants and/or Toddlers in a program or classroom licensed subsequent to the date of these Regulations must have direct access from the classroom to the outdoors without the use of stairs or elevators.

11. Programs are required to designate space in the facility for:

a. Administrative and clerical functions;

b. Storage of equipment and materials;

c. Storage of food; and

d. A utility room, separate from the kitchen, with hot and cold water and storage space for cleaning equipment and supplies.

G. Outdoor Requirements

1. Each program has an outdoor play area:

a. With at least seventy-five (75) square feet of usable outdoor space per child for at least fifty percent (50%) of the licensed capacity of the program; or

b. With at least seventy-five (75) square feet of usable outdoor space per child, as designated by a schedule of use, subject to approval by the Department.

2. If the licensed facility does not have access to usable outdoor space the program must submit a plan for outdoor play, subject to approval by the Department.

a. The Department will consider the following criteria when reviewing the plan:

(1) Traffic patterns of vehicles and people in the area;

(2) Ages of children enrolled;

(3) Availability of age-appropriate equipment;

(4) Usage of the location by other groups when the children would be most likely to use it;

(5) Neighborhood circumstances, hazards, and risks, including the crime rate for the area;

(6) Accessibility to children and caregivers by foot or the availability of push carts or other means of transporting infants and toddlers;

(7) Reasonable accessibility of restroom facilities; and

(8) Ability to obtain assistance, if needed, when injury or illness occurs.

b. If approved, parents/guardians of children in care must be notified of the plan to use alternate outdoor space and have a way to contact the provider when the provider is off site.

3. The outdoor play area is required to be surrounded by a permanent structure. If a fence is used, it must be:

a. At least four feet (4') in height when measured from the ground;

b. Not prevent the observation of children by staff; and

c. Adhere to State building codes

4. In a program licensed subsequent to the date of these Regulations, fencing must:

a. Include at least two (2) exits

b. Be equipped with self-closing and self-latching closure mechanisms.

5. If equipment that requires children's feet to leave the ground is used, it must:

a. Be anchored into the ground;

b. Be maintained and in good repair; and

c. Have safety surfacing that is maintained and in good repair.

6. Outdoor trampolines are prohibited.

7. If sandboxes are used, they must be covered when not in use and should be regularly cleaned of foreign matter.

8. School Age programs operating in a public, private, or parochial school approved by the Rhode Island Department of Education are subject to the Rhode Island Department of Education requirements for outdoor space.

9. Programs with a pool must comply with the Rhode Island Department of Health Rules and Regulations for Licensing of Aquatic Venues, 216-RICR-50-05-4.

a. The pool license must be posted in a visible area.

b. If a program's pool has been deemed by the Rhode Island Department of Health as a status of "voluntary close" it is not permitted for children's use, until such time that the Rhode Island Department of Health changes the status.

c. The use of diving boards is not permitted.

H. Overall Facility Safety

1. Equipment, materials, furnishings and play areas should be sturdy, safe and in good repair and must be free of the following safety hazards;

a. Openings that could entrap a child's head or limbs;

b. Elevated surfaces that are inadequately guarded;

c. Lack of specified surfacing and fall zones under and around climbable equipment;

d. Insufficient spacing between equipment;

e. Tripping hazards;

f. Equipment that is known to be of a hazardous type;

g. Sharp points or corners;

h. Splinters;

i. Protruding nails, bolts, or other components that could entangle clothing or snag skin;

j. Loose, rusty parts;

k. Strangulation hazards (e.g., straps, strings, etc.);

l. Flaking paint;

m. Tip-over hazards, such as chests, bookshelves, and televisions

2. In any event where weather or disaster compromises safety of the facility, the program ensures:

a. Safe passage in and out of the program; and

b. That all structural and mechanical systems are fully functional.

3. All storage chests, boxes, trunks, or comparable items with hinged lids must be equipped with a lid support designed to hold the lid open in any position, be equipped with ventilation holes, and must not have a latch that might close and trap a child inside.

218 R.I. Code R. 218-RICR-70-00-1.8

Adopted effective 10/28/2019
Amended effective 4/19/2021
Amended effective 2/2/2022
Amended effective 11/2/2022
Amended effective 11/29/2023