Section R430-90-9 - Facility(1) The provider shall ensure that there is at least 35 square feet of indoor space for each child in care, including the provider's and employees' children.(2) The department may include floor space used for furniture, fixtures, or equipment as indoor space per child if the furniture, fixture, or equipment is used:(b) for the care of children; or(c) to store materials for children.(3) The department may not include the following areas when measuring indoor space for children's use:(4) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license, except when providing after school child care for up to three additional school-age children.(5) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint is tested for lead. If lead-based paint is found, the provider shall contact their local health department within five working days and follow required procedures for remediation of the lead hazard.(6) The provider shall ensure that each room and indoor area that is used by children is ventilated by mechanical ventilation, or by windows that open and have screens.(7) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity being conducted.(8) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.(9) The provider shall ensure that there is a working telephone at the facility, in each vehicle while transporting children, and during offsite activities.(10) The provider shall ensure that there is at least one working toilet and at least one working handwashing sink accessible to each nondiapered child in care.(11) The provider shall ensure that there is at least one bathroom that provides privacy available for use by school-age children.(12) The provider shall ensure that there is an outdoor area that is safely accessible to children.(13) The provider shall ensure that the outdoor area has at least 40 square feet of space for each child using the area at one time.(14) The provider shall ensure that the outdoor area is enclosed within a fence, wall, or solid natural barrier that is at least four feet high if the facility is on a street or within a half mile of a street that:(a) has a speed of 25 miles per hour or higher; or(b) has more than two lanes of traffic.(15) The provider shall ensure that the following hazards are separated from the children's outdoor area with a fence, wall, or solid natural barrier that is at least four feet high: (a) barbed wire that is within 30 feet of the children's play area;(b) livestock on or within 50 yards of the property line;(c) dangerous machinery, including farm equipment, on or within 50 yards of the property line;(d) a drop-off of more than five feet on or within 50 yards of the property line; and(e) a water hazard, including a swimming pool, pond, ditch, lake, reservoir, river, stream, creek, or animal watering trough, on or within 100 yards of the property line.(16) The provider shall ensure that there is no gap five by five inches or greater in or under the fence or barrier.(17) The provider shall ensure that there is shade available to protect the children from excessive sun and heat when children are in the outdoor area.(18) If there is a swimming pool on the premises that is not emptied 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 locked and that separates the pool from any other areas on the premises.(19) If there is a hot tub with water in it on the premises, the provider shall make the hot tub inaccessible to children by:(a) keeping the hot tub locked with a properly working cover; or(b) enclosing the hot tub within at least a four-foot-high fence or solid barrier that is locked and that separates the hot tub from any other areas on the premises.(20) 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.(21) 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.(22) If the house 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 this rule, except when: (a) there is a signed rental or lease agreement for the rented area;(b) there is a separate mailing address for the rented area;(c) there is a separate entrance for the child care program;(d) there are no connecting interior doorways that can be used by unauthorized individuals; and(e) there is no shared access to the outdoor area, unless a qualified caregiver is with the children each time children in care are using the outdoor area.Utah Admin. Code R430-90-9
Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023