Section R381-40-9 - Facility(1) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint undergoes a test for lead. If there is lead-based paint at the facility, the provider shall contact their local health department within five working days and follow required procedures for remediation of the lead hazard.(2) The provider shall ensure that each room and indoor area that children use is ventilated by mechanical ventilation, or by windows that open and have screens.(3) The provider shall ensure that windows and glass doors within 36 inches from the floor or ground are made of safety or tempered glass, or have a protective guard.(4) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity the provider is conducting.(5) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.(6) The provider shall ensure that there is a working telephone at the facility, in each vehicle while transporting children, and during offsite activities.(7) The provider shall ensure that there is at least one working toilet and one working sink when there are up to 15 children in the facility, and at least two working toilets and two working sinks when there are more than 15 children present in the facility.(8) If there is an outdoor area in the facility, the provider shall ensure that the outdoor area:(a) is safely accessible to the children;(b) is enclosed within a fence, wall, or solid natural barrier that is at least four feet high; and(c) has no gaps five by five inches or greater in or under the fence or barrier.(9) If the provider does not empty the swimming pool on the premises after each use, the provider shall: (a) meet applicable state and local laws and ordinances related to the operation of a swimming pool;(b) maintain the pool in a safe manner; and(c) when not in use, cover the pool with a commercially-made safety enclosure that is installed according to the manufacturer's instructions, or enclose the pool within at least a four-foot-high fence or solid barrier that is kept locked and that separates the pool from any other areas on the premises.(10) The provider shall maintain buildings and outdoor areas in good repair and safe condition including: (a) ceilings, walls, and floor coverings;(b) lighting, bathroom, and other fixtures;(c) draperies, blinds, and other window coverings;(d) indoor and outdoor play equipment;(e) furniture, toys, and materials accessible to the children; and(f) entrances, exits, steps, and walkways including keeping them free of ice, snow, and other hazards.(11) The provider shall ensure that accessible raised decks or balconies that are five feet or higher, and open stairwells that are five feet or deeper have protective barriers that are at least three feet high.(12) If the facility is subdivided, any part of the building is rented out, or any area of the facility is shared including the outdoor area, the department may inspect the entire facility and the provider shall ensure that covered individuals in the facility comply with the requirements under Rule R381-40, except when: (a) there is a separate entrance for the child care program;(b) there are no connecting interior doorways that can be used by unauthorized individuals; and(c) there is no shared access to the outdoor area used for child care.Utah Admin. Code R381-40-9
Adopted by Utah State Bulletin Number 2021-07, effective 3/22/2021Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023