Section 5-A163. CHILD DEVELOPMENT CENTER: INDOOR AND OUTDOOR PROGRAM SPACE

 

163.1 For the purposes of this section, "Program Space" is defined as space within the Child Development Center, that does not include the following:

 

(a) Food preparation areas;

 

(b) Kitchens;

 

(c) Bathrooms;

 

(d) Toilets;

 

(e) Offices;

 

(f) Staff rooms;

 

(g) Corridors;

 

(h) Hallways;

 

(i) Stairways;

 

(j) Closets;

 

(k) Lockers;

 

(l) Laundry rooms;

 

(m) Furnace rooms;

 

(n) File cabinets;

 

(o) Storage spaces; and

 

(p) Non-movable furniture that is not designed for the use of enrolled children.

 

163.2 Child Development Centers shall provide adequate indoor program space for the daily program of the Center.  OSSE shall determine the licensed capacity of each Center serving infants, toddlers, and/or preschoolers in accordance with Subsection 122.2. 

 

163.3 Children under the age of two (2) years, or non-ambulatory children, may only occupy Center space that:

 

(a) Is on street level;

 

(b) Has two (2) means of egress; and

 

(c) If the means of egress involve steps, has ramps in place to enable staff to put children in evacuation cribs or flat strollers to roll them out in the event of an emergency, unless the lack of a ramp at any means of egress has been approved by FEMS.

 

163.4 Child Development Centers shall ensure that adequate room is provided for all program activities, and shall:

 

(a) Arrange the space to permit the easy accommodation of the entire range of activities offered by the program;

 

(b) Arrange the space so that various activities may occur simultaneously without disruption of one by another; and

 

(c) Ensure that there is adequate and convenient storage space for equipment, materials, and the personal possessions of enrolled children and Facility staff.

 

163.5 If a Child Development Center is located in a building that also houses other entities or persons, the portion of the building to which the children from the Center have access shall be for the exclusive use of children and staff of the Center during the Center’s normal hours of operation, with the exception of entryways, hallways, and other common areas in the building normally available for use by the public.  If unrelated business is conducted in child care areas when the Child Development Center is not in operation, activities associated with such business should not leave any residue in the air or on the surfaces or leave behind materials or equipment that can be harmful to children.

 

163.6 Child Development Centers serving infants, toddlers, or preschoolers shall provide suitable age-appropriate outdoor play space. This play space shall be at:

 

(a) An enclosed area, including a yard or playground, on the Facility’s premises;

 

(b) A nearby park or playground; or

 

(c) A rooftop play space that meets the requirements of this chapter.

 

163.7 Child Development Centers shall provide, or have access to, a minimum of sixty square feet (60 ft²) of outdoor play space per child, based on the maximum number of children scheduled to play outdoors at any one time.

 

 

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).