340:110-3-229. Physical facilities (a) Location and construction. The program location is required to be in an area that offers minimal hazards to the health, safety, and welfare of the children. (1) The program is in compliance with the building codes applicable at the time the license was issued.
(2) Any program that operates on a 24-hour per day basis is required to comply with other construction standards required in state-adopted codes, as determined by the State Fire Marshal.
(3) Heating and cooling systems are operable and meet the Fire Safety Requirements in OAC 340:110-3-241.
(4) A kitchen is a separate area built, remodeled, or arranged in a way that discourages unsupervised access by children or unauthorized persons.
(5) Any alteration, addition, or new construction must comply with current requirements.
(A) Paint containing lead in excess of 0.06 percent is not used when surfaces are repaired or when any new surfaces accessible to children are painted.
(B) Construction, remodeling, or alterations of structures that occurs during a program's hours of operation is accomplished in a manner that prevents hazards or unsafe conditions, for example, fumes, dust, and safety hazards.
(6) Basement areas may be used if dry and properly ventilated, and adequate provision is made for fire prevention and protection.
(7) A program is required to have approval from:
(A) the health department if meals are prepared and served; and
(B) the fire department.
(b) Auxiliary spaces. The requirements regarding auxiliary spaces are listed in this subsection.
(1) The areas not counted in determining the capacity of the program are:
(A) bathrooms and kitchens;
(B) offices, teachers' lounges and work rooms, and hallways;
(C) rooms used exclusively for the care of ill children;
(D) areas used exclusively for eating, napping, or large-muscle play;
(E) storage closets and supply rooms; and
(F) space occupied by furniture not for children's use.
(2) Toileting and hand-washing facilities:
(A) are easily accessible to children and staff;
(B) contain operable flushing toilets and hand sinks in good repair;
(C) are maintained in a clean and sanitary condition with adequate ventilation;
(D) contain toilet paper within easy reach of children;
(E) have non-absorbent floor surfaces in toilet areas;
(F) have hand sinks with hot and cold or tempered running water with the temperature between 100 and 120 degrees F. If the temperature exceeds 120 degrees, a tempered valve is required;
(G) contain soap for hand-washing, individual-use towels or mechanical hand dryers, and waste containers within easy access of children; and
(H) contain:
(i) one toilet and one sink for every 25 children; or
(ii) one toilet and one sink for every 50 children with a minimum of two toilets and sinks and at least one bathroom for males and one for females.
(c) Safety and sanitation. Safety and sanitation requirements are contained in this subsection.
(1) Physical environment. The physical environment of the program includes:
(A) a structurally sound interior and exterior in good repair,
for example, walls and ceilings are free from holes, and peeling paper and paint;
(B) barriers with openings of no more than four inches on porches, elevated walkways, and elevated play areas of more than five feet in height;
(C) railings for stairways over five feet in height, both inside and outside;
(D) floors free of broken tile, torn carpet, and holes;
(E) windows and doors free of broken glass or other hazards;
(F) clear glass doors that are marked at children's eye level;
(G) screens on open windows and doors in food preparation and service areas;
(H) self-closing apparatus on all screen and storm doors;
(I) indoor temperature in activity areas maintained between 65 and 85 degrees F.;
(J) lighting levels bright enough to accommodate activities with comfort;
(K) all areas clean and sanitary at all times;
(L) no vermin infestation, including rodents and insects;
(M) a supervised room or space in which children who become ill can be separated from other children; and
(N) prohibiting the use of tobacco products in the facility and on the play ground during hours of child care.
(2) Emergency preparedness. The program:
(A) has an operable direct-line telephone located within the facility with an extension on each floor and in each building for both incoming and outgoing calls. A pager may be used for access to incoming calls;
(B) has posted by each telephone the name and address of the program and a list of emergency phone numbers to include the fire department, police department, ambulance service, medical resource to be used, and poison control, 1-800-522-1222;
(C) has a record posted of the fire drill and smoke detector test that are conducted monthly; and
(D) has a documented tornado drill that is conducted each spring.
(3) Hazards. The program:
(A) is free of hazards;
(B) has medication, cleaning materials, detergents, aerosol cans, pesticides, health and beauty aids, poisons, and other toxic materials stored in their original labeled containers. Smaller containers may be used for these products if they are properly labeled with the product name, and warning information is maintained at the facility;
(C) has medicines, cleaning solvents, and hazardous items stored so they are inaccessible to children and in a manner which prevents contamination of food;
(D) has firearms, pellet or BB guns, bows and arrows, darts, cap guns, and fireworks stored so that they are inaccessible to children. Firearms are stored unloaded in a locked cabinet separate from ammunition;
(E) has compressed gas cylinders secured to prevent them from falling over; and
(F) ensures pesticides or other toxic chemicals are used in strict compliance with label instruction and are applied when children are not present.
(4) Animals. If animals are kept on the premises, compliance with the rules in this paragraph is required.
(A) Parents are advised of the presence of animals.
(B) Any pet or animal is in good health, does not show evidence of carrying disease, is friendly toward children, and does not present a threat to the health, safety, and well-being of children.
(C) Animals are maintained in a visibly clean manner.
(D) Any animal, including birds, hamsters, dogs, and cats, that has evidence of disease, for example, diarrhea, skin infection, severe loss of appetite, weight loss, lethargy, or any unusual behavior or symptoms, is isolated and examined by a licensed veterinarian.
(E) Local ordinances pertaining to animals on the premises are followed.
(F) Dogs and cats are vaccinated for rabies and are free of fleas, ticks, and worms.
(G) Proof of current compliance is kept on file at the program when vaccinations are required.
(H) Ferrets, turtles, birds of the parrot family, or any wild or dangerous animals are not kept at the program.
(I) Animals that are common carriers of rabies, but cannot be vaccinated for that disease, are prohibited.
(J) Newly acquired birds are quarantined and observed for signs of illness for 30 days before being brought to the program.
(K) All reptiles are inaccessible to children.
(L) Animals are restricted from areas where food is stored, prepared, or served.
(M) Areas of confinement, such as cages and pens, are cleaned of excrement daily.
(N) Animal litter boxes are not located in kitchens or areas accessible to children.
(O) Outdoor play areas are cleaned of excrement daily or more often as needed.
(P) If an animal bites a child and the skin is broken, the child's parent and the county or state health department are immediately notified and the incident documented in the Injury Log.
(d) Licensed capacity. The total licensed capacity of a program is determined by separately computing the capacities for indoor space, outdoor space, and bathroom facilities. The licensed capacity cannot exceed the lowest computed capacity for indoor space, outdoor space, and bathroom facilities. The maximum number of children in care at one time, whether on or off the premises, does not exceed the number of children specified on the license.
(1) Indoor play space. Indoor play space requirements are listed in this paragraph.
(A) A minimum indoor play space that is routinely used by children is required to have 35 square feet of floor area per child. This does not include auxiliary spaces listed or single-use rooms, for example, isolation rooms, dining rooms, sleep rooms, and rooms used for large muscle play.
(B) No room is routinely occupied by more children than can be accommodated at 35 square feet per child.
(C) A large area, such as a gymnasium, may be counted toward the licensed capacity for school-age children only if it is divided into well-defined areas that are appropriately equipped.
(2) Outdoor play space. The requirements for outdoor play space are listed in (A) through (C) of this paragraph.
(A) When a program is licensed for less than 24 children, there is a minimum outdoor play space of 75 square feet per child for the total licensed capacity.
(B) When a program is licensed for 24 or more children, there is 75 square feet of outdoor play space per child for at least one-third of the total number for which the program is licensed, provided that the minimum amount of outdoor space will accommodate 24 children, which is 1800 square feet.
(C) If licensed for 24 or more children and there is outdoor play space of less than 75 square feet per child:
(i) a time schedule is planned to ensure that, weather permitting, every child has an opportunity for outdoor play each day;
(ii) a copy of the current schedule is submitted to OKDHS; and
(iii) a copy of the current schedule is posted so that parents and staff members are aware of the outdoor play periods.
[Source: Added at 20 Ok Reg 1866, eff 7-1-03 (emergency); Added at 21 Ok Reg 952, eff 4-26-04]