Section 29-363. GENERAL SAFETY AND MAINTENANCE  


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    363.1All playthings, equipment, materials, and furnishings provided by a Child Development Facility for use by children shall meet the standards of the Consumer Product Safety Commission and the American Society for Testing and Materials, and shall:

     

    (a)Be sturdy enough that they will not splinter;

     

    (b)Not have sharp points or rough edges;

     

    (c)Have lead-free, non-toxic paint or finishes;

     

    (d)Be easily washable;

     

    (e)Be maintained in good repair; and

     

    (f)Comply with federal standards regarding small toys and objects for use by children.

     

    363.2In addition to the requirements contained within subsection 363.1, above, all playthings, equipment, materials, and furnishings provided by a Facility for use by children under the age of three (3) years shall:

     

    (a)Be large enough that they cannot be swallowed;

     

    (b)Not have small parts that may loosen and fall off, such as buttons on stuffed animals; and

     

    (c)Comply with federal standards regarding small toys and objects for use by young children.

     

    363.3All play equipment shall be constructed and installed to ensure its safe use by all enrolled children (e.g., height shall not be excessive for infants and toddlers; the equipment shall not be a potential source of entrapment). There shall be no pinch, crush, or shear points on or underneath such equipment that may be accessible by children.

     

    363.4The Facility shall remove, repair, or discard all furniture, equipment, and materials that are not usable due to breakage or to hazardous conditions.

     

    363.5Projectile toys shall be prohibited.

     

    363.6Tricycles and other riding toys provided by a Facility shall be steerable, appropriate for the ages and sizes of the children enrolled, and shall not contain spokes.

     

    363.7The Facility shall maintain tricycles and other riding toys in good condition, free of sharp edges or protrusions that may injure children. When not in use, such toys shall be stored in a place where they will not present physical obstacles to the children and staff.

     

    363.8The Facility shall use only non-toxic arts and crafts materials.

     

    363.9Electrical outlets which are not in use and are within the reach of children shall be fitted with appropriate child-proof protective receptacle closures that meet the Underwriters Laboratories, Inc., standard for Safety of Receptacle Closures (UL 2255).

     

    363.10The Facility shall not use space heaters unless it has received explicit approval in writing from an official of the Department of Consumer and Regulatory Affairs and/or the Department of Fire and Emergency Medical Services.

     

    363.11The Facility shall ensure that no firearms or other weapons are on the Facility premises, with the exception of those in the possession and control of armed security guards authorized to protect the Facility premises.

     

    363.12The Facility shall maintain adequate storage space for play and teaching equipment, supplies, records, and children's possessions and clothing.

     

    363.13The Facility shall ensure that all toys and other objects or surfaces that are likely to be mouthed by children are sanitized daily with a bacterial disinfectant solution.

     

    363.14All cleaning and sanitizing supplies, toxic substances, paint, poisons, aerosol containers, and other items bearing warning labels shall be safely stored by the Facility and shall be kept inaccessible to the children at all times.

     

    363.15The Facility shall ensure that all appliances, sharp utensils, and other dangerous devices are kept inaccessible to the children at all times. To the extent that any firearm or other weapon may be lawfully permitted on the Facility premises, the Facility shall ensure that all such weapons are kept inaccessible to the children at all times.

     

    363.16The Facility shall keep protective coverings on all electrical fans, and shall ensure that fans are placed so that they will not easily topple or tip over. The Facility shall ensure that fans are kept out of reach of the children when in use.

     

    363.17The use of infant walkers, crib gyms, stacked cribs and playpens shall be prohibited.

     

source

Regulation No. 74-34 published at 21 DCR 1333 (December 27, 1974); as amended by Final Rulemaking published at 54 DCR 3793 (April 27, 2007).