Section 5-A123. HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: LAVATORY SPACE AND EQUIPMENT

 

123.1 A Licensee caring for preschoolers shall provide at least one (1) flush toilet and one (1) sink for every ten (10) children, based on the license capacity of the Facility.

 

123.2 A Center shall provide bathroom facilities for use by adults separate from those used by children.

 

123.3 A Licensee shall provide a block or step for a child’s use for each toilet and sink at a Facility that is too high to be used by one (1) or more enrolled children without assistance.

 

123.4 A Licensee shall provide toilet training chairs or seats (or both), at the discretion of the Facility, for use by any child or children who require them. Training chairs shall be emptied promptly and sanitized after each use.  Training chairs shall be made of non-porous, synthetic products. Training chairs shall remain in the bathroom facilities. 

 

123.5 A Licensee shall provide toilet paper, soap and single-use paper towels at each bathroom in a manner accessible for independent use by children.

 

123.6 A Licensee caring for infants, toddlers, or preschoolers shall provide at least one (1) changing table for every ten (10) children that are not independently using toilet facilities, based on the license capacity of the Facility.

 

123.7 A Licensee shall ensure that changing tables meet the following requirements:

 

(a) Have impervious, nonabsorbent, smooth surfaces that do not trap soil and are easily disinfected;

 

(b) Be sturdy and stable to prevent tipping over;

 

(c) Be at a convenient height for use by Facility staff; and

 

(d) Be equipped with railings or barriers.

 

123.8 A Licensee shall sanitize changing tables after each use.

 

 

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).