Section 5-A126. HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: EQUIPMENT, MATERIALS, AND FURNISHINGS

 

126.1 A Licensee shall provide a variety and sufficient quantities of materials, equipment, and supplies for indoor and outdoor activities, consistent with the numbers, ages, and needs of the infants, toddlers, preschool, or school-age enrolled children.

 

126.2 Materials, equipment, and supplies accessible to children shall be age appropriate, safe, in good repair, clean, and non-toxic, and shall be accessible to and appropriate for children with special needs, if the Facility provides care to such children.

 

126.3 All playthings, equipment, supplies, furnishings, and other materials provided by a Licensee 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 washable, regularly washed, and maintained in good repair; and

 

(e) Comply with Federal standards regarding small toys and objects for use by children.

 

126.4 Notwithstanding any requirement or prohibition in Subsection 126.3, children under three (3) years of age but no younger than thirty (30) months may be enrolled in a Montessori preschool classroom containing materials, equipment, and supplies that are consistent with the full implementation of the Montessori curriculum, as long as children have been evaluated and found to be developmentally ready for the curriculum by the program director, the lead teachers, and the parent(s) or guardian(s). 

 

126.5 A Licensee shall prohibit the use of the following at all times:

 

(a) Infant walkers;

 

(b) Crib gyms;

 

(c) Collapsible cribs;

 

(d) Playpens; and

 

(e) Projectile toys.

 

126.6 In addition to the requirements contained within this chapter, all playthings, equipment, supplies, furnishings, and other materials provided by a Licensee for use by children under the age of three (3) years shall:

 

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

 

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

 

126.7 A Licensee shall ensure that there are sufficient quantities of materials and equipment to keep all children engaged, even if in different activities, at all times, and to:

 

(a) Avoid excessive competition among the children and long waits for use of the materials and equipment; and

 

(b) Provide for a variety of experiences and appeal to the individual interests of the children

 

126.8 A Licensee shall ensure that materials provided to children are culturally sensitive, culturally relevant, and designed to promote:

 

(a) Social and emotional development;

 

(b) Cognitive development;

 

(c) Language development and communication skills;

 

(d) Independence;

 

(e) Creative expression; and

 

(f) Fine and gross motor skills. 

 

126.9 A Licensee shall remove and repair, or discard all furniture, equipment, and materials that are not usable because they are broken or hazardous.

 

126.10 Light bulbs shall be shatter proof or appropriately shielded to prevent product contamination and injuries due to breakage.

 

126.11 A Licensee may provide helmets for use while riding wheeled equipment so long as the helmets meet the requirements in Subsection 126.22. If a Facility provides helmets for shared use of children while riding wheeled equipment, the Licensee shall wipe down each helmet with wet wash cloth after each use.

 

126.12 A Licensee shall have available a sufficient number of strollers or carriages with appropriate restraints for infants and non-ambulatory enrolled children.

 

126.13 A Licensee shall ensure that highchairs, if used:

 

(a) Have a wide and securely locking base, a crotch bar/guard, and a safety strap that is fastened with every use;  and

 

(b) Are used only during meal times and shall not be used to restrain children at any other time.

 

126.14 A Licensee shall provide each enrolled child in a full-day program with an individual crib, cot, or bed, as developmentally appropriate, and ensure that:

 

(a) Children do not share bedding, such as sheets and blankets;

 

(b) No child sleeps on a bare, uncovered surface;

 

(c) Cribs, cots, beds, and appropriate beddings, such as sheets or blankets, are kept clean and sanitary at all times;

 

(d) Crib and cot areas are sufficiently separate from play space to prevent access to sleeping areas by children at play; and

 

(e) Each child is allowed to safely and comfortably crawl, toddle, sit, or walk and to play according to his or her stage of development, in a designated play space apart from  sleeping quarters, during each day.

 

126.15 A Licensee shall ensure that each crib or cot:

 

(a) Meets safety standards established by the U.S. Consumer Product Safety Commission;

 

(b) When in use, is placed at least two (2) feet apart from any other cot, at least two (2) feet from any windows, and two (2) feet from any radiators.  The two (2) feet of separation required by this provision shall be measured on all sides of each crib or cot; and

 

(c) Is labeled with the name of the child to whom it is assigned.

 

126.16 A Licensee shall also comply with the following additional requirements for cribs:

 

(a) Each crib shall  have a firm, fitted mattress of proper size for a crib, covered with a fitted sheet, provided by the Facility;

 

(b) Infant monitors shall not be placed in cribs;

 

(c) Crib gyms, crib toys, mobiles, mirrors, and other toys shall not be placed in, attached to, or hung over an infant's crib;

 

(d) Cribs shall only be used for sleep purposes; and

 

(e) Cribs shall not be used for time-out or disciplinary purposes.

 

126.17 A Licensee shall also comply with the following additional requirements for cots:

 

(a) Cots shall be used only for children over twelve (12) months of age who can walk;

 

(b) Cots shall have coverings that are easy to clean and nonabsorbent; and

 

(c) Seasonally appropriate beddings, such as sheets or blankets, sufficient to maintain adequate warmth, shall be available and provided to children as applicable and as needed.

 

126.18 A Licensee shall ensure that all play equipment is:

 

(a) Properly constructed and installed to ensure its safe use by all enrolled children, at an appropriate height for the children who are expected to use the equipment, and in manner that ensures that the equipment will not entrap children;

 

(b) Free of pinch, crush, or sharp points on or underneath such equipment that are or may be accessible to children;

 

126.19 A Licensee shall ensure that any toy is promptly removed from the play area, sanitized with an appropriate germicide, and air dried before it is returned to the play area after the toy is:

 

(a) Put in someone’s mouth or licked, or otherwise is exposed to saliva; or

 

(b) Soiled with blood, stool, urine, or vomit.

 

126.20 Tricycles and other riding toys provided by a Licensee shall be steerable, appropriate to the ages and sizes of the enrolled children, and shall not contain spokes.

 

126.21 A Licensee shall maintain tricycles and other riding toys in good condition, free of sharp edges or protrusions that may injure children. When not in use, they shall be stored in a place where they will not present physical obstacles to the children and staff.  The Facility staff shall inspect riding toys and wheeled equipment prior to use by a child for loose or missing hardware, parts, protrusions, or other hazards that may lead to injury.

 

126.22 A Licensee shall ensure that all children one (1) year of age and over wear helmets that are properly fitted and approved by the U.S. Consumer Product Safety Commission while riding, wheeled equipment such as tricycles, bicycles, scooters,  roller skates, rollerblades, or skateboards, regardless of whether the equipment is being ridden indoors or outdoors.

 

 

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).