Section 1240-04-01-.16 - PHYSICAL FACILITIES(1) A license shall not be issued unless all of the following requirements are met: (a) An annual inspection verifying compliance with all applicable state and local fire and environmental requirements which includes:1. Inspection by the State Fire Marshal's Division of the Tennessee Department of Commerce and Insurance and/or local fire authority; and2. The General Environmental Division of the Tennessee Department of Health.(b) The physical facilities (indoor and outdoor) present no apparent hazards; and(c) The physical facilities are otherwise deemed appropriate by the Department for the safe care of children.(2) Additional approvals are required:(a) Prior to relocation; and(b) Prior to occupying newly renovated space, newly constructed space, new building additions, or previously unlicensed space.(3) The child care agency shall maintain documentation of required inspections and the approvals.(4) Continuing Compliance.(a) The child care agency shall maintain compliance with all applicable codes.(b) The child care agency shall additionally comply with any updated standards issued by the Department of Health and the State Fire Marshal.(5) The child care agency shall not be located in a building used for purposes which would be hazardous to the children.(6) The child care agency shall not be located in a building that would prohibit outdoor play unless the Department grants an exception to the agency.(7) The child care agency shall ensure that the physical facilities are:(d) Free from hazards and clutter.(8) Telephones and Other Communication Devices.(a) At least one (1) working telephone shall be available at the child care agency.(b) The telephone number shall be made available to parents.(9) Outdoor Play/Care Area. (a) Outdoor play areas shall contain a minimum of fifty (50) square feet of usable play space for each child using the area at any one time.(b) The outdoor play area shall be enclosed by a fence or barrier at least four (4) feet in height. Exception: A child care agency may request that the Department, in its discretion, waive such requirement upon a clear showing that the lack of such fence or barrier poses no apparent or potential risk to children.
(c) The areas where children play or are cared for shall be properly maintained: 1. A pre-play/care inspection of the outdoor play area shall be completed by the child care agency prior to each use by children.2. The play/care areas shall be free of hazardous conditions, items, or materials. Exception: Potentially hazardous items/materials shall be kept inaccessible to children, except when utilized in an intentional manner as part of a planned, supervised activity.
3. All such play/care areas shall be free of all animal wastes.4. Sandboxes must be covered when not in use.(10) General Sanitation and Safety of Building and Grounds.(a) Children shall not be present if an adequate water supply is not available for handwashing and plumbing is not operating properly.(b) Water Supply. 1. The drinking water supply shall be from a source approved by the health authority having jurisdiction.2. Drinking water shall be available to all children upon request throughout the day.(c) Sewage and Waste Disposal. 1. Children shall not be present if the sewage is not operating.2. Connection to a public sewage disposal system shall be made where possible.3. The use of a private sewage disposal system shall have the approval of the local Department of Environment and Conservation Division of Ground Water Protection and it shall be operating satisfactorily at all times.4. All garbage shall be removed from the building daily.5. All outdoor garbage storage receptacles shall be outside and kept closed.6. The area surrounding outdoor garbage receptacles shall be kept clean.(d) Building, Grounds and Pools. 1. The building shall be kept clean and maintained in good repair, without unsafe cracks, leaks, or plumbing that is in disrepair.2. All outside doors and windows of the licensed space shall be in good repair.3. Adequate natural and/or artificial lighting shall be provided throughout the facility.4. All rooms used by children shall be maintained at a temperature of between sixty-eight degrees to seventy-eight degrees Fahrenheit (68°F to 78°F) by means of heating, cooling or ventilation sources approved for use.5. Children shall not be present if the indoor temperature cannot be maintained between sixty-eight degrees to seventy-eight degrees Fahrenheit (68°F to 78°F).6. Stoves, hot radiators, steam and hot water pipes, fans, or other potentially hazardous items shall be inaccessible to children.7. The use of unvented fuel burning heaters is prohibited.8. The use of portable heaters is prohibited.9. The building and grounds shall be kept free of broken glass, trash and debris.10. Building and grounds shall be kept free of unprotected ponds, wells, cisterns, unused refrigerators and similar hazards.11. Swimming pools shall be made inaccessible to children through the use of fences and locked gates. Swimming is prohibited in Drop-In Care.12. Swimming pools and/or wading pools shall not be used without prior approval by the local health department.13. Grounds, tire swings and containers shall have adequate drainage to prevent standing water that can breed mosquitoes and other insects.14. Animals shall be:(i) In good health and immunized in accordance with local health authority;(ii) Free of fleas, ticks and other parasites;(iii) Contained in a way that does not allow unsupervised access; and(iv) Kept away from all food storage and preparation or service areas.(v) Cages, fish tanks or other containment devices shall be cleaned regularly.15. Reptiles and amphibians shall not be kept as pets due to the risk of Salmonella.Tenn. Comp. R. & Regs. 1240-04-01-.16
Original rules filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(5); 71-3-501, et seq.; and 71-3-502(a)(2).