Header:
ALASKA ADMINISTRATIVE CODE
TITLE 7. HEALTH AND SOCIAL SERVICES
PART 3. PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE
CHAPTER 41. CHILD CARE ASSISTANCE PROGRAM
ARTICLE 2. PROVISIONS FOR PROVIDERS
Date:
08/31/2009
Document:
7 AAC 41.220. Environmental health and safety requirements
(a) A licensed provider must meet the applicable requirements of 7 AAC 10.1000 -- 7 AAC 10.1095. A provider described in 7 AAC 41.200(a)(2), (3), or (4) must meet the applicable environmental health and safety requirements of the accrediting, certifying, or approving agency.
(b) A provider described in 7 AAC 41.200(d) or (e) must meet the health and safety requirements of (c) and (d) of this section to be approved for participation in the program.
(c) In addition to the other health and safety requirements of this chapter, a provider described in (b) of this section shall ensure basic environmental health and safety by meeting the requirements of this section. The provider shall
(1) submit to the department or designee a copy of the provider's disaster preparedness and emergency evacuation plan that ensures the complete evacuation of children, including children with limited mobility, within 150 seconds during an emergency; for the purpose of this paragraph, the emergency evacuation plan must be on a form prescribed by the department, and must include procedures for fire and other emergency situations or natural disasters that may affect the facility including tsunamis, earthquakes, and flooding emergencies;
(2) conduct and document emergency evacuation drills at least once a month, unless postponed due to severe weather;
(3) have at least two means of emergency escape that are remote from each other and that provide unobstructed access to the outside of the building; at least one means of emergency escape must be an exterior door; if a window is used as one means of emergency escape, the window must be fully opening and allow easy egress from the building;
(4) have at least one working smoke detection device that is less than 10 years old, or newer if necessary to comply with the manufacturer's recommended replacement date, and that is
(A) an AC primary power smoke detection device, with battery backup; in this subparagraph, "AC" means alternating current; or
(B) a monitored battery powered smoke detection device;
(5) have at least one fully charged 2A:10BC dry chemical fire extinguisher strategically located on each level of the facility and ensure that each fire extinguisher is inspected, tested, and serviced according to the requirements of 13 AAC 50.025(47);
(6) if the facility uses oil, wood, natural gas, or propane as a heating or cooking fuel, ensure that an operating carbon monoxide detector is installed in each hallway outside of, or within, each sleeping area, and ensure that each device is regularly inspected, tested, and serviced; in addition, for a multi-level facility, at least one operating carbon monoxide detector must be installed on each level;
(7) maintain an ample supply of potable water;
(8) provide and maintain clean and sanitary toilet facilities and ensure that in each toilet room
(A) at least one easily cleanable waste receptacle is provided; if soiled diapers are kept in a waste receptacle until disposed of, that waste receptacle must be covered;
(B) toilet tissue is provided from a wall-hung or protected container at each toilet;
(C) if partitions are used between toilets, each partition is raised at least 12 inches from the floor and is smooth and easily cleanable;
(D) each step stool, if provided, has a nonslip tread made of a water-impervious, durable material;
(E) each floor and wall is covered with smooth, durable, nonabsorbent, easily cleanable material; and
(F) each toilet lid, seat, and handle and each handsink is kept clean and sanitary;
(9) take necessary precautions to keep the facility free of hazards that can cause injury or disease to children inside or outside of the building; the provider shall
(A) maintain the facility premises and the grounds surrounding the facility in a clean, sanitary, and safe condition;
(B) maintain sanitary facilities for proper care, storage, refrigeration, and preparation of food;
(C) ensure that
(i) for purposes of AS 17.20.020, food served is not adulterated; and
(ii) fruits and vegetables are thoroughly washed with potable water before use;
(D) install and maintain hot water temperature controls to plumbing fixtures accessible to children to ensure that the maximum temperature is no less than 100 degrees Fahrenheit, and no more than 120 degrees of Fahrenheit;
(E) store cleaners, medicines, and other harmful substances in a place inaccessible to children;
(F) provide furniture and play equipment that is durable, safe, easily cleanable, and kept clean and in good repair;
(G) ensure that solid waste is conveyed, stored, and disposed of in a manner that minimizes the development of odor, and prevents waste from attracting and harboring pests;
(H) install and use safety gates to prevent access to stairs if infants or toddlers are in care;
(I) install outlet covers in electrical outlets that are not in use and that are accessible to children under age five; and
(J) ensure that the facility is free of hazards, including splintered surfaces, sharp edges, protruding corners, broken or hazardous toys, steep stairways, ice on walkways, and unsafe play areas;
(10) maintain a functional telephone or other identified means of communication;
(11) if child care is provided in a residence,
(A) maintain an environment that is free of smoke; however, nothing in this subparagraph prohibits the operation of a fireplace, woodstove, pellet stove, or other source of heat in a manner that does not threaten the health or safety of children in care;
(B) ensure that medications and alcohol are not accessible to children in care; and
(C) ensure that alcohol and illegal controlled substances are not used during the hours that children are in care; in this subparagraph, "controlled substance" means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 -- 11.71.190;
(12) transport children in safe, smoke-free vehicles and use appropriate child restraints in each vehicle as follows:
(A) each individual must be restrained with an individual seat belt or age-appropriate child safety device as required by AS 28.05.095;
(B) only one individual may occupy each seat belt or child safety device; and
(C) children may not occupy the front seat if the vehicle is equipped with an operational airbag on the passenger side.
(d) A provider described in (b) of this section shall ensure that any firearms are unloaded and stored in a locked gun safe or other locked place that is not visible or accessible to children. The provider shall also ensure that ammunition is stored separately from the firearms in a place that is inaccessible to children. The provider shall inform each parent that firearms are present in the facility.
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