Section 0520-12-01-.12 - PHYSICAL FACILITIES(1) Physical facilities shall maintain compliance with all applicable health and safety codes throughout the certification year and shall additionally comply with any updated standards issued by the Fire Marshal and the Department of Health.(2) All facilities shall have a means of communications via phone.(3) The maximum number of children who may be present inside a physical space (e.g., the program's "certificated capacity") shall be determined in accordance with the minimum square footages set forth in this paragraph; provided, however, the Department may, in its discretion as determined reasonably necessary to maintain the health and safety of the children in care, restrict the program's certificated capacity below the maximum which is set forth in these rules. (a) A minimum of thirty (30) square feet of usable indoor space shall be provided for each child.(b) Career and technical child care classes shall have separate space for the group of young children, with thirty (30) square feet per child of usable space, apart from the classroom space for students.(c) For the purposes of calculating square footage requirements:1. Usable space to be included in the square footage calculation includes: (i) Book shelves used in centers or reading nooks;(ii) Children's tables (centers, sand and water, etc.);(iii) Shelving used to house toys, blocks, manipulatives, etc.; and(iv) Other items that are used to enhance a child's learning space.2. Non-usable space that shall not be included in the square footage calculation includes: (ii) Teacher's file cabinet;(d) Rooms with sufficient floor space, as defined by the requirements set forth in these rules, may be divided and used for more than one (1) group; provided, however, that each area is adequately equipped and arranged and that each group shall have the security of a stable classroom space.(4) All indoor areas shall be clean and safe. (a) The indoor play/care areas shall be free of hazardous items that could be accessible to children.(b) Indoor play equipment shall meet the following guidelines:1. Pieces of equipment, such as television sets, bookcases, and appliances, shall be secured or supported so that they will not fall or tip over.2. Sufficient indoor equipment, materials, and toys shall be available to meet active and quiet play needs of all children enrolled and to provide a variety of developmentally appropriate activities so that each child has at least three (3) choices during play time.3. Toys, educational and play materials, shall be organized and displayed within children's reach so that they can select and return items independently.4. Toys or teaching aids that are small or that have small parts that can be inhaled or swallowed shall be inaccessible to infants and toddlers.(5) Outdoor play areas shall contain a minimum of fifty (50) square feet of usable play space for each child using the area at one time. (a) The outdoor play area must be enclosed by a fence or barricade at least four (4) feet in height. The Department may in at its discretion grant a waiver from this provision when the Department determines that the lack of such fence or barricade poses no apparent or potential risk to children.(b) Outdoor play equipment shall meet the following guidelines: 1. There shall be developmentally appropriate outdoor play equipment for children who are in care more than three (3) daylight hours.2. All outdoor play equipment and materials shall be sufficient in amount and variety so that children have an opportunity to participate in a minimum of at least three (3) different types of play using either stationary equipment and/or portable play materials.3. All outdoor play equipment shall be placed to avoid injury:(i) Fall zones shall extend six (6) feet away from the perimeter of climbing equipment and away from retainer structures, fences, and other equipment and out of children's traffic paths.(ii) Agencies with a playground continually certified as approved since prior to January 1, 2002, shall be permitted to maintain fall zones of at least four (4) feet; provided, however, that any expansion or addition shall comply with the six (6) feet fall zone required by part (i) above.4. Supports for climbers, swings, and other heavy equipment that could cause injury if toppled shall be securely anchored to the ground, even if the equipment is designed to be portable.5. Portable equipment shall otherwise be anchored to the ground if the height and weight of the equipment exceeds the height and weight of the smallest child who will use the equipment.6. An acceptable resilient surfacing material, as recognized by the Department, shall cover fall zones in accordance with the following: Resilient Surfacing Material | Minimum Acceptable Depth |
Wood chips or mulch | Six (6) inches |
Double shredded bark | Six (6) inches |
Pea gravel | Six (6) inches |
Medium gravel | Eight (8) inches |
Fine sand | Eight (8) inches |
Course sand | Eight (8) inches |
Artificial (manufactured) surface | Manufacturer recommendation |
(c) The outdoor areas where children play or are cared for shall be properly maintained and a written playground maintenance plan shall be prepared by the program to address routine, remedial, and preventive maintenance and to designate who is responsible for each maintenance need.(d) A pre-play/care inspection of the outdoor play area shall be completed by the program before children play outdoors.(e) The outdoor play/care areas shall be free of hazardous items that could be accessible to children.(f) Outdoor areas shall be free of all animal waste.(6) Drinking water from individual single service cups or an approved drinking fountain shall be provided in all occupied rooms.(7) All garbage shall be removed from the building daily and all garbage storage receptacles shall be outside and kept closed with tight-fitting lids. The area surrounding the garbage containers shall be kept clean.(8) The building shall be kept clean and maintained in good repair, without unsafe cracks, leaks or unsatisfactory plumbing.(9) Adequate natural and/or artificial lighting shall be provided throughout the facility.(10) All rooms used by children shall be maintained at a temperature of between sixty-eight (68) to seventy-eight (78) degrees Fahrenheit by means of heating, cooling or ventilation sources approved for use.(11) Stoves, hot radiators, steam and hot water pipes, fans, or other heat generating equipment shall be adequately protected by screens, guards, insulation, or suitable measures that will protect children from coming in contact with them.(12) Broken glass, trash, and debris shall be kept removed from the building and grounds.(13) Swimming pools and/or wading pools shall be fenced and shall not be used without prior approval by the Department of Health.(14) Grounds, tire swings and containers shall have adequate drainage to prevent standing water that can breed mosquitoes and other insects.(15) If animals or birds are kept in classrooms as pets, they shall be caged away from the food storage and preparation or service area, and cages kept clean.(16) Turtles are prohibited as classroom pets.Tenn. Comp. R. & Regs. 0520-12-01-.12
Original rule filed April 30, 2002; effective July 14, 2002. Amendment filed September 6, 2007; effective January 28, 2008. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective 4/25/2019.Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-202; 49-1-302(l); and 49-1-1101 through 49-1-1109.