Section 5-A142. HEALTH, SAFETY AND WELFARE: GENERAL REQUIREMENTS

 

142.1 A Licensee shall comply with requirements set forth in this chapter, as appropriate to the age of children served by the Facility and the Facility setting.

 

142.2 A Licensee shall conform, to the extent practicable, to the National Health and Safety Performance Standards to ensure the safety and welfare of children and the cleanliness and sanitary conditions of the Facility.

 

142.3 A Licensee shall ensure that all tobacco products that may be present at the Facility remain out of the reach of enrolled children at all times.

 

142.4 A Licensee shall ensure that no person, including staff, residents, and visitors to the Facility, smokes or uses tobacco products at the Facility when enrolled children are present.

 

142.5 When children are in the care of the Facility, either on the premises or off-site, no staff member, resident, or visitor shall be under the influence of, or consume, alcoholic beverages, illegal drugs, or legal drugs that cause impairment.

 

142.6 A Licensee shall ensure that no illegal substances or drugs, including marijuana, are on the Facility’s premises.

 

142.7 A Licensee shall ensure that no firearms or other weapons are on the Facility’s premises, with the exception of those licensed and appropriately in the possession and control of armed security guards authorized to protect the Facility premises.

 

142.8 A Licensee shall ensure that all appliances, sharp utensils, and other dangerous devices are kept inaccessible to children at all times.  

 

 

authority

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.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

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