Section DCF 251.06 - Physical plant and equipment(1) BUILDING.(a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a building inspection report that specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center. Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.
(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open.(d) The inside temperature may not be less than 67°F.(e) If the inside temperature exceeds 80° F., the licensee shall provide for air circulation with fans, with air conditioning, or by other means.(2) PROTECTIVE MEASURES. (a) The indoor and outdoor premises shall be free of hazards including any recalled products. Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Programs_Services/ChildProductRecallsAdvice.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.
(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them.(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises.(d) Materials harmful to children, including power tools, flammable, or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles shall be appropriately labeled and stored in areas inaccessible to children.(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call.(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, or other law enforcement agency, poison control center, and emergency medical service in a location known to all providers. In this paragraph, "telephone" does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow.(gm) The premises shall be well drained, free from litter, clean, and in good repair. The premises shall be maintained to prevent the entrance or harborage of vermin.(h) Smoking is prohibited on the premises of the center or in a vehicle used to transport children when the children are in care. Note: See s. DCF 251.03 (25) for the definition of premises.
(i) There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children.(im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment.(j) Children may not be allowed in an area where power tools are in use.(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.(l) If a hot tub is located in a room or area not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.(m) Cleaning aids such as mops and brooms shall be clean. Buckets used with mops shall be emptied and stored in areas inaccessible to children.(n) Garbage containers in the building shall be rigid, covered, watertight, and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of as necessary to prevent decomposition or overflow.(o) Windows and doors that are used for ventilation shall be screened.(p)1.a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center's windows closed.b. In a center licensed prior to March 1, 2023, the test for radon gas levels shall be conducted no later than September 1, 2023.c. In a center licensed on or after March 1, 2023, the test for radon gas levels shall be conducted within 6 months prior to providing care for children.2. The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.4. If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following: a. Notify the parents of children in care.b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a., and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.5.a. In this subdivision, " commercial building" means a building that is not a residential building and that meets the definition of a "place of employment" or a "public building" in s. 101.01 (11) or (12), Stats.b. In this subdivision, "residential building" means a building that meets the definition of a "dwelling" in s. 101.61 (1), Stats.c. The licensee of a center in a commercial building shall test for radon gas levels every 5 years after the test under subd. 1. or, if a radon mitigation system was installed, every 5 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.d. The licensee of a center in a residential building shall test for radon gas levels every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a. Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.
(3) EMERGENCY PLANS AND DRILLS.(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including fire, tornado, or flood; extreme heat or cold; loss of building services, including heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:1. Evacuation, relocation, shelter-in-place, and lock-down.2. Ensuring the needs of children under 2 years of age and children with disabilities are met.3. Communication with parents.4. Connecting children with their parents if the center is required to evacuate the building.(b) Each center shall do all of the following:1. Post the fire evacuation route and tornado shelter areas.2. Practice the fire evacuation plan monthly, and tornado drills monthly from April through October.3. Ensure that all staff members know what their duties are if there is an emergency.4. Keep a written record of dates and times all fire and tornado drills practiced. Note: The licensee may use the department's form Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Forms are available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(4) FIRE PROTECTION. (a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection.(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.(c) Each floor used by children shall have at least 2 exits.(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.(e) An extension cord may not be used permanently with an appliance.(f) No more than 2 electrical appliances may be plugged into any one wall outlet.(g) The door to the basement and furnace room shall be closed.(h) Areas under stairs may not be used for storage.(i) All exit lights shall be lit at all times.(j)1. Fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be installed and operated in accordance with ch. SPS 316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code; applicable local ordinances; and the manufacturer's instructions.2. All fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be maintained in operating condition and shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative. Note: The licensee may use the department's form, Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(jm)1. A signaling device, such as a smoke, heat, or flame detector, shall be used to conduct monthly fire evacuation drills.2. The licensee shall document that the fire detection and prevention systems are monitored by a fire prevention agency or that the detectors and alarms have been tested monthly. Note: The licensee may use the department's form, DCF-F-CFS0543, Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(k) Unwanted gas, oil or kerosene space heaters are prohibited.(6) WATER. (a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drink ware is prohibited.(b) If a center gets its water from a private well, the center shall comply with all of the following: 1.a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria. Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.
Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.
2.a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L. Note: A list of laboratories certified to test for nitrate can be found on DNR's website: www.dnr.wi.gov.
Note: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the department of safety and professional services to remove nitrate, and water from a public water system that meets drinking water standards.
3.a. The center shall have the well tested for lead every 5 years using a laboratory certified by the department of natural resources under ch. NR 149. The laboratory report shall be available to the department upon request.b. If water test results indicate lead levels are above 15 micrograms per liter (µg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15 µg/L as confirmed by an additional water test. Note: A list of laboratories certified to test for lead can be found on DNR's website: www.dnr.wi.gov.
Note: Alternative sources of drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.
(7) INDOOR SPACE. (a) The space used by children shall be no less than 35 square feet of usable floor space for each child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas, isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and areas not at all times available to children, including areas used exclusively for large muscle activity, napping or eating.(b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.(9) KITCHENS. (a)Equipment and utensils.1. When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.1m. Centers preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to have a microwave or stove unless the snacks served require heating. Refrigerators are required if the center serves milk or other perishable snacks.2. All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condition.3. Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.4. After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.5. Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.(b)Dishwashing procedures.1. All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.2. All utensils and dishes shall be scraped, sorted and prewashed under running water.3. For manual washing of dishes and utensils, a 3-step procedure shall be used:a. Wash in water between 110° and 125°F., using an effective soap or detergent.b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.c. Sanitize by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.4.a. If a center uses a commercial dishwasher to clean dishes and utensils, the dishwasher shall have a readily visible temperature gauge located in the wash compartment. If the dishwasher is a spray type or immersion type dishwasher, a temperature gauge shall also be located in the rinse water line.b. Wash at 130 degrees Fahrenheit to 150 degrees Fahrenheit for at least 20 seconds, using an effective cleaning agent, and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more, using an automatic rinse injector.c. When using a spray-type dishwashing machine, the dishes and utensils shall be washed, rinsed and sanitized in the dishwasher according to the manufacturer's operating instructions. A chemical sanitizer shall be used in the final rinse.5. If the center uses a home-type dishwasher to clean dishes and utensils, the dishes and utensils shall be washed and rinsed in the dishwasher and sanitized by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.6. All dishes and utensils shall be air-dried in racks or baskets or on drain boards.(c)Food sources.1. Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from an inspected source.2. Only milk and milk products which are pasteurized and meet the Grade A milk standards of the Wisconsin department of agriculture, trade, and consumer protection may be served or used.3m. Meals shall be prepared on the premises, in a central kitchen operated by the child care center or in another location that has been inspected by a representative of a state agency. Note: Chapter ATCP 75, subch. III, addresses restaurants and other public eating establishments. Chapter ATCP 75, subch. II, addresses retail food establishments.
4. Food in dented, bulging or leaking cans, or cans without labels, may not be used.5. Hermetically sealed, non-acid or low-acid food which has been processed in a place other than a commercial food processing establishment may not be used.(d)Food storage.1. Foods shall be stored at temperatures which protect against spoilage. The following measures shall be taken to prevent spoilage:a. Perishable and potentially hazardous food which includes all custard-filled and cream-filled pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to spoil quickly if not kept at the proper temperature shall be continuously maintained at 40°F. or below or 140° F. or above, as appropriate, except during necessary periods of preparation and service.b. Each refrigeration unit shall be maintained at 40°F. or lower and each freezing unit shall be maintained at 0° F. or lower.c. Each cold storage facility shall be equipped with a clearly visible accurate thermometer.d. Food shall be covered while refrigerated, except when being cooled.2. Foods not requiring refrigeration shall be stored in clean, dry, ventilated and lighted storerooms or areas which shall be protected from contamination by sewage, wastewater backflow, condensation, leakage or vermin. In addition:a. Dry foods, such as flour, sugar, cereals and beans shall be stored in bags with zip-type closures or metal, glass or food-grade plastic containers with tight-fitting covers and shall be labeled. In this paragraph, "food grade plastic" means any plastic material used in the manufacture of dishes or utensils which has been found not harmful to human health by the national sanitation foundation.b. Foods stored in the basement shall be stored at least 8 inches above the floor, and food stored in other areas shall be stored high enough above the floor to provide for air circulation and to facilitate cleaning.(f)Food handling.1. Raw fruits and vegetables shall be washed before being served or cooked.2. Food returned from individual plates or from dining tables shall be discarded.3. Food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.4. Food delivery vehicles shall be equipped with clean containers or cabinets to store food while in transit. Containers for cold food shall be capable of maintaining the temperature at or below 40°F. and containers for hot food shall be capable of maintaining the temperature at or above 140°F.5. Potentially hazardous frozen foods shall be thawed in the refrigerator, under cold running water or on the defrost setting in a microwave oven. No potentially hazardous frozen food may be thawed by leaving it at room temperature.(g)Meal preparation personnel.1. Personnel who help prepare meals shall:b. Wear clean clothing and effective hair restraints such as hair nets or caps.c. Wash their hands with soap and warm running water before starting work, before and after handling food, and after using the toilet. Hands shall be dried with single use towels.2. No one with an open or infected wound or sore may work in the food preparation area unless the wound or sore is covered and, if it is on a hand, a nonporous glove is worn on that hand.(10) WASHROOM AND TOILET FACILITIES.(a) A group child care center shall provide at least the number of washbasins and toilets with plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required toilets. TABLE 251.06 |
Minimum Number of Washbasins and Toilets Required in Group Child Care Centers |
Maximum Number of Children for Which the Center is Licensed | Number of Toilets | Number of Washbasins |
9 or 10 | 1 | 1 |
11 to 25 | 2 | 1 |
26 to 40 | 3 | 2 |
41 to 55 | 4 | 2 |
56 to 70 | 5 | 3 |
(b) When a center is licensed for more than 70 children, one additional toilet shall be provided for each additional 15 children or fraction thereof and washbasins shall be provided in the ratio of one for every 2 additional toilets and urinals or fraction thereof.(c) Children under the age of 30 months need not be included when determining the required fixtures under par. (a). However, in all cases, at least one toilet and one washbasin shall be provided.(d) If potty chairs are used for children under 30 months of age, the potty chairs shall be provided in a ratio of one for every 4 children or fraction thereof.(dm)1. Toilet rooms and fixtures shall be in a sanitary condition at all times.2. Potty chair receptacles shall be emptied and rinsed after use and the potty chair and receptacle shall be disinfected immediately using a product registered with the U.S. environmental protection agency as a disinfectant that has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.(e) Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size of the children.(f) Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper container shall be provided and accessible to children using the facilities.(g) Toilet room door locks shall be openable from the outside and the opening device shall be readily accessible to the staff.(h) The hot water temperature may not exceed 120 degrees Fahrenheit for sinks, showers, or bathtubs used by or accessible to children in care.(11) OUTDOOR PLAY SPACE. (a)Requirement for outdoor play space. A center shall have outdoor play space if children are present for more than 3 hours per day or if outdoor play is included in the center program.(b)Required features of outdoor play space. Except when an exemption is requested and is approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space: 1. The outdoor play space shall be on the premises of the center.2. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time.3. There shall be at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time except as provided in subd. 4.4. The total outdoor play space of a center shall accommodate not less than 1/3 of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The number of children under one year of age need not be included for purposes of computing the minimum required outdoor play space if the center provides spaces in wheeled vehicles such as strollers and wagons equal to the number of children under one year of age.5. An energy-absorbing surface, such as loose sand, pea gravel, or pine or bark mulch, in a depth of at least 9 inches is required under climbing equipment, swings, and slides whenever the play equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the equipment. Shredded rubber and poured surfacing shall be installed to the manufacturer's specifications based on the height of the equipment.6. Structures such as playground equipment, railings, decks, and porches accessible to children that have been constructed with CCA treated lumber shall be sealed with an exterior oil based sealant or stain at least every 2 years.6m. Wood containing creosote or pentachlorophenol (PCP), including railroad ties, may not be accessible to children.7. The boundaries of the outdoor play space shall be defined by a permanent enclosure not less than 4 feet high to protect the children. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.8. Concrete and asphalt are prohibited under climbing equipment, swings and slides. Note: The Consumer Products Safety Commission has a publication entitled Handbook for Public Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help child care centers build safe playgrounds. To obtain copies of this publication and a related public playground safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov or 1-800-638-2772.
(bm)Equipment. Outdoor equipment shall be safe and durable. The outdoor equipment shall be all of the following: 1. Used in accordance with all manufacturer's instructions and any manufacturer's recommendations that may affect the safety of children in care.2. Scaled to the developmental level, size, and ability of the children.3. Of sturdy construction with no sharp, rough, loose, protruding, pinching, or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.4. Placed to avoid danger of injury or collision and to permit freedom of action.(c)Exemption for off-premises play space.1. In this paragraph, "main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.1m. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under par. (b) for a center's outdoor play space.2. A request for an exemption under subd. 1m. shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following: a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.b. Provides for adequate supervision of the children as specified in Table 251.055.c. Provides for daily vigorous exercise in the out-of-doors for the children.d. Describes the arrangements to meet the toileting and diapering needs of the children.e. Affirms the center's compliance with the requirements included in subds. 3. to 6. Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.
3. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.4. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.5. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.6. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.7. A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements of par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and therefore deny the request for exemption. The department shall notify the center in writing of its decision and, if it does not grant an exemption, shall state its reasons for not granting the exemption.8. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met or is no longer met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing representative any significant change in any circumstance described in the plan.(12) SWIMMING AREAS. (a)1. Aboveground and in-ground swimming pools on the premises may not be used by children in care.2. Swimming pools shall be enclosed by a 4-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less.3. If access to the pool is through a gate, the gate shall be closed and visibly locked during the licensed hours of the center.4. If access to the pool is through a door, the door shall be closed, visibly locked, and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.5. Locks shall be located so that the locks cannot be opened by children.6. The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.7. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.(am) A beach on the premises may not be used by children in care. Access to a beach shall be controlled so that children may not enter the area.(b) A wading pool on the premises may be used if the water is changed and the pool is disinfected daily. Supervision and staff-to-child ratio requirements under s. DCF 251.055 (1) and (2) shall be met.(c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by children, if all the following conditions are met:1. The construction and operation of the pool shall meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools. A beach shall comply with any applicable local ordinance.2. Certified lifesaving personnel shall be on duty.3. While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:a. For children under 3 years of age: 1:1.b. For children 3 years of age: 1:4.c. For children 4 and 5 years of age: 1:6.d. For children 6 years of age and older: 1:12.4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child's age. Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Appendix A.
5. A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.6. If some of the children are in the water and others are not, there shall be at least 2 child care workers supervising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.Wis. Admin. Code Department of Children and Families DCF 251.06
Cr. Register, January, 1997, No. 493, eff. 8-1-97; r. and recr. (11), Register, September, 1998, No. 513, eff. 10-1-98; reprinted to restore omitted copy in (11) (b), Register, April, 1999, No. 520; correction in (1) (a) made under s. 13.93(2m) (b) 7, Stats.; CR 03-052: am. (title), (1) (a), (2) (h) and (i), (3) (b) and (c), (6) (b) 2., (9) (b) 3. c., 4. b. and (c) 1., (9) (f) 5., (g) 1., c., (10) (a), Table 46.06 (title), (10) (b), (11) (b) 1. and 2. a., (11) (b) 3. and 6. and (c) 2. (intro.), cr. (2) (k) and (L), (6) (b) 3., (9) (c) 3m. and (11) (c) 1m., renum. (11) (b) 2. b. to d. and 3. a. to d. to be (b) 3. to 9., r. and recr. (12) Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (b) 1. and (12) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 07-102: am. (2) (a), (3) (intro.), (a) to (c), (4) (j), (6) (b) 1., 3., (9) (d) 2. a., (10) (f), (11) (a), (b) 5. to 7., (12) (a), (b) and (c) 3., cr. (9) (a) 1m. and (12) (c) 6., r. and recr. (9) (b) 4. and 5., r. (9) (c) 3. and (11) (b) 9., renum. (12) (c) to be (12) (c) (intro.) and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (12) (b) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; correction in (6) (b) 1. made under s. 13.92(4) (b) 7, Stats., Register August 2011 No. 668; correction in (12) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register January 2012 No. 673.Amended by, correction in (12) (c) 1. made under s. 13.92(4) (b) 7, Stats., Register July 2016 No. 727, eff.8/1/2016Amended by, correction in (2) (a) (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017Amended by, EmR1918: emerg. am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b) Register March 2020 No. 771, eff. 4/1/2020Amended by, CR 21-100: r. (1) (b), cr. (2) (p), r. and recr. (4) (j), cr. (4) (jm), r. and recr. (6), r. (9) (g) 1. a., d., cr. (10) (h), r. and recr. (12) (a), cr. (12) (am) Register February 2023 No. 806, eff. 3-1-23; correction in (2) (p) 2. made under s. 13.92 (4) (b) 7, Stats., Register February 2023 No. 806, eff. 3/1/2023Amended by, correction in (1) (a) (Note [1]) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024