Section 5-A122. HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: GENERAL REQUIREMENTS

 

122.1 A Licensee shall ensure that every building or part thereof that is used as a Facility, is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by District and federal laws and regulations with written certification of compliance from the appropriate regulatory bodies governing zoning, building construction and safety, sanitation, and fire safety.

 

122.2 A Licensee shall, at all times, maintain adequate indoor space for the daily program measured on the inside wall-to-wall dimensions, as follows:

 

(a) A minimum of forty-five square feet (45 ft2) of program space per infant;

 

(b) A minimum of thirty-five square feet (35 ft2) of unencumbered program space per toddler and child; or

 

(c) A minimum of forty-five square feet (45 ft2) of encumbered program space per child.

 

122.3 A Licensee shall ensure that exits are:

 

(a) Clearly identified;

 

(b) Free of all obstructions; and

 

(c) Arranged or marked so the path to exit the building is visible and clear.

 

122.4 A Licensee shall not operate any other business that may either impact the health and safety of the children and staff or interfere with the overall operation of the Facility on the same premises that is licensed by OSSE as a Facility.

 

122.5 A new or revised Certificate of Occupancy or Home Occupation permit shall be required:

 

(a) At the time of any major modification or alteration of any existing premises or structure used by the Facility, but prior to the continued use of the modified or altered portions of the premises or structure for child development purposes;

 

(b) Prior to the use of any portion of the premises or structure that was not previously inspected and approved for use by DCRA as a Child Development Facility;

 

(c) Prior to submitting an application to increase the number of children under thirty (30) months of age to be enrolled at the Child Development Facility; and

 

(d) Prior to submitting an application for a change in licensure capacity of the Child Development Facility.

 

122.6 A Licensee shall undergo a fire safety inspection and shall, annually, obtain certification from FEMS that the premises conform to all applicable fire safety and related codes.

 

122.7 A Licensee shall, at its own expense, undergo an additional fire safety inspection under the following circumstances:

 

(a) At the time of any major modification or alteration of any existing premises or structure used by the Facility, but prior to the continued use of the modified or altered portions of the premises or structure for child development purposes;

 

(b) Prior to the use of any portion of the premises or structure that was not previously inspected and certified as conforming to the applicable fire and safety related codes for use as a Child Development Facility;

 

(c) Prior to submitting an application to increase the number of of children under thirty (30) months of age to be enrolled at the Child Development Facility; and

 

(d) Prior to submitting an application for a change in licensure capacity of the Child Development Facility.

 

122.8 A Licensee shall ensure that a Facility is free of any lead-based paint hazards.

 

122.9 [RESERVED]

 

122.10 A licensed Facility shall be accessible for children and adults with disabilities, in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Accessibility includes access to buildings, toilets, sinks, drinking fountains, outdoor play areas, meal and snack areas, and all classroom and therapy areas.

 

122.11 All program space that children use shall be heated, cooled, and ventilated to maintain the required temperatures, and air exchange to avoid accumulation of odors and fumes.

 

122.12 A Licensee shall ensure that:

 

(a) All access points to stairs are restricted by gates;

 

(b) All doors or windows are protected with guards that prevent exit by a child; and

 

(c) All blinds have child protective coverings ensuring cords are not accessible to children.

 

122.13 A Licensee shall ensure that the Facility is free of moisture, mold, and mildew, including but not limited to, moisture resulting from water leakage or seepage.

 

122.14 A Licensee shall ensure that waste receptacles have a hands-free opening mechanism, are kept clean, lined with plastic bags, in good repair, and emptied at least daily.

 

122.15 A Licensee shall ventilate program space by mechanical ventilation, such as fans, air conditioning, or at least one (1) operable window.  The following criteria shall apply to mechanical ventilation units and windows:

 

(a) A freestanding fan shall be placed in a stable location, have a stable base, be equipped with a protective guard, and be inaccessible to children;

 

(b) Windows, including windows in doors, when utilized for ventilation purposes, shall be securely screened to prevent the entry of insects;

 

(c) Windows accessible to children under five (5) years of age that are above ground level of the building shall be adjusted to limit the opening to less than six (6) inches or be protected with guards that do not block natural lighting; and

 

(d) A Facility with glass doors shall place decals at the eye level of the children in its care.

 

122.16 A Licensee shall not use space heaters unless it has received express approval, in writing, from an official of FEMS. If provide written approval, space heaters shall:

 

(a) Be attended while in use and be off when unattended;

 

(b) Be inaccessible to children at all times;

 

(c) Have protective covering to keep hands and objects away from the electric heating element;

 

(d) Be placed on the floor only and at least three (3) feet from curtains, papers, furniture, and any flammable object;

 

(e) Be properly vented, as required for proper functioning;

 

(f) Not be used with an extension cord; and

 

(g) Be used in accordance with the manufacturer's instructions.

 

 

122.17 A Licensee shall ensure that fireplaces and fireplace inserts are inaccessible to children at all times.

 

122.18 A Licensee shall maintain hot and cold running water under pressure.  Hot running water shall be maintained at one hundred degrees Fahrenheit (100°F).

 

122.19 A Licensee shall ensure that the Facility’s premises remain clear of insects, rodents, and other pests and excrement of insects, rodents, and other pests.

 

122.20 A Licensee shall maintain preventative measures to control insects, rodents, and other pests to comport with best practices and to prevent and eliminate harborage, breeding, and infestation at the Facility’s premises.  If a harboring, breeding, or infestation of insects, rodents, or other pest occurs on the premises of the Facility, the Licensee shall immediately report the infestation to OSSE as an unusual incident and take immediate steps to have the insects, rodents, or other pests eliminated from the Facility.

 

122.21 A Licensee shall maintain at the Facility a log documenting the use of extermination services, which shall be provided only by a licensed pest control professional. Children shall not be present while pesticides are being applied or within twenty-four (24) hours of application.

 

122.22 A Licensee shall install and maintain working carbon monoxide detectors if there is any gas service in the building. Carbon monoxide detectors shall be tested every six (6) months with a written log of testing records maintained at the Child Development Facility.

 

122.23 A Licensee shall install and maintain an appropriate number of working smoke detectors located in locations consistent with District code requirements and shall ensure they are in working order at all times.  Smoke detectors shall be tested quarterly with a written log of testing records maintained at the Child Development Facility.

 

122.24 A Licensee shall perform fire drills, at least monthly, with a written log of the fire drills maintained at the Child Development Facility.

 

122.25 A Licensee shall maintain adequate storage space for play and teaching equipment, supplies, records, and children’s possessions and clothing.

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).