Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF CHILDREN AND FAMILIES
CHAPTER DCF 251 GROUP CHILD CARE CENTERS
Date:
02/17/2014
Document:
DCF 251.06 Physical plant and equipment
(1) BUILDING. (a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a report of inspection of the building, which specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center.
Note: Inspections can be obtained from a commercial building inspector certified by the Department of Safety and Professional Services in accordance with ch. SPS 305, "Licenses, Certifications, and Registration," or a Wisconsin architect registered in accordance with chapter A-E 3, Architect Registration, or a Wisconsin engineer registered in accordance with chapter A-E 4, Professional Engineer Registration.
Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.
(b) The department shall be given written notice of proposed construction, remodeling of existing space or change in rooms to be used by children prior to the initiation of the changes.
Note: Alterations, additions or changes of use to commercial buildings may require submittal of plans to and ap-proval by the Department of Safety and Professional Services or its agent before commencing construction. It is rec-ommended that an architect or engineer be consulted prior to the beginning of any construction to determine wheth-er plans must be submitted. When a center chooses to prepare meals on the premises after the initial building inspec-tion has been completed, a new inspection may be necessary to ensure that the applicable commercial building codes related to kitchens have been met.
(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open.
(d) The inside temperature may not be less than 67 [degrees] F.
(e) If the inside temperature exceeds 80 [degrees] F., the licensee shall provide for air circulation with fans or by other means.
(2) PROTECTIVE MEASURES. (a) The indoor and outdoor premises shall be free of hazards including any recalled products.
Note: Lists of recalled products are available on the department of agriculture, trade and consumer protection website at http://datcp.state.wi.us/core/consumerprotection/consumerprotection.jsp or by contacting the United States consumer products safety commission (US CPSC) at 1-800-638-2772.
(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them.
(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises.
(d) Materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs and other articles hazardous or poisonous to children shall be in properly marked containers and stored in areas inaccessible to children.
(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call.
(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local rescue squad, fire department, police department or other law enforcement agency, poison control center and emergency medical ser-vice posted near each telephone. In this paragraph, "telephone" does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.
(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow.
(h) Smoking is prohibited on the premises of the center when the children are present.
Note: See s. DCF 251.03 (25) for the definition of premises.
(i) A licensee, employee, volunteer or other individual in contact with children may not consume alcoholic bever-ages or any non-prescribed controlled substances specified in ch. 961, Stats., on the premises of the center or be un-der the influence of any alcohol or non-prescribed controlled substance, during the hours of the center's operation.
(j) Children may not be allowed in an area where power tools are in use.
(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
(L) If a hot tub is located in a room or area not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to chil-dren.
(3) EMERGENCIES. Each center shall have a written plan for responding to a fire, a tornado, a tornado warning, a missing child or other emergency. A center shall do all of the following:
(a) Post the fire evacuation and tornado plan and practice implementing the fire evacuation plan monthly. Tornado drills shall be conducted monthly from April through October.
(b) Make sure that all staff members know what their duties are if there is a fire, tornado, tornado warning, missing child or other emergency.
(c) Keep a written record of dates and times of all fire and tornado drills practiced.
Note: The licensee may use the department's form, Fire, Safety and Emergency Response Documentation -- Group Child Care Centers, to record dates and times of the monthly fire or tornado practice. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(4) FIRE PROTECTION. (a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection.
(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.
(c) Each floor used by children shall have at least 2 exits.
(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.
(e) An extension cord may not be used permanently with an appliance.
(f) No more than 2 electrical appliances may be plugged into any one wall outlet.
(g) The door to the basement and furnace room shall be closed.
(h) Areas under stairs may not be used for storage.
(i) All exit lights shall be lit at all times.
(j) Fire alarms, alarm systems and smoke detectors shall be maintained in good working order. Fire alarms and smoke detectors shall be used to conduct monthly fire evacuation drills. Fire alarms and smoke detectors shall be tested weekly and a record kept of the test results.
Note: The licensee may use the department's form, Fire, Safety, and Emergency Response Documentation -- Group Child Care Centers, to document the results of the weekly testing of fire alarms and smoke detectors. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(k) Unvented gas, oil or kerosene space heaters are prohibited.
(5) SANITATION. (a) The premises shall be free from litter, clean and in good repair.
(b) 1. There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to chil-dren.
2. No lead-based paint or other toxic finishing material may be used.
(c) Garbage containers in the building shall be rigid, covered, watertight and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of as necessary to prevent decomposition or over-flow.
(d) Furnishings, toys, cots and other equipment shall be washed or cleaned when they become soiled. Eating sur-faces shall be washed and sanitized before and after each use.
(e) 1. Toilet rooms and fixtures shall be in a sanitary condition at all times.
2. Potty chair receptacles shall be emptied and rinsed and the potty chair and receptacle shall be disinfected im-mediately after each use with a chlorine bleach solution of one tablespoon to one quart of water, made fresh daily.
(f) Windows and doors that are used for ventilation shall be screened.
(g) The premises shall be maintained to prevent the entrance or harborage of vermin.
(6) WATER. (a) A safe supply of drinking water shall be available to children at all times from a drinking fountain of the angle jet type or by use of disposable cups. Common use of drinking cups is prohibited.
(b) If the center gets its water from a private well, the following shall apply:
1. Water samples from the well shall be tested annually for lead and bacteria by a laboratory certified under ch. ATCP 77. The laboratory report shall be available to the department upon request.
2. A center serving children under 6 months of age shall have the water tested annually for nitrate levels.
Note: Section NR 809.11 sets the maximum allowable level of nitrate-nitrogen in public drinking water at 10 milli-grams per liter (10 parts per million).
3. If water test results indicate the water contains high levels of lead or is bacteriologically unsafe, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe. If the water tests above the maximum allowable level of nitrates, bottled water shall be used for infants under 6 months of age.
Note: Centers using a private well that serves at least 25 of the same people over 6 months of the year are con-sidered to have a non-transient non community water system (NTNC) and must be in compliance with Chapter NR 809, Safe Drinking Water Act Standards. Contact the nearest Department of Natural Resources from the list at: www.dnr.state.wi.us/org/caer/cs/ServiceCenter/SSbyRegion.html
(7) INDOOR SPACE. (a) The space used by children shall be no less than 35 square feet of usable floor space for each child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas, isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and areas not at all times available to children, including areas used exclusively for large muscle activity, napping or eating.
(b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.
(8) FURNISHINGS. (a) Furnishings shall be durable and safe, with no sharp, rough, loose or pointed edges.
(b) Tables and seating shall be scaled to the proper height and size for the children's comfort and reach.
(c) 1. Except as provided in subd. 2., in a center where meals are served, seating shall be at least equal to the li-censed capacity of the center, excluding infants, so that the children can be served at the same time, and there shall be space at a table for each child.
2. In a center where meals are served in a central lunchroom, seating and tablespace shall be at least equal to the number of children to be served in a shift.
(d) Shelves shall be provided for equipment and supplies in rooms used by children. Equipment and supplies shall be arranged in an orderly fashion so that children may select, use and replace items.
(e) There shall be sufficient storage space for clothing and personal belongings to accommodate the clothing and personal belongings of as many children as are in the licensed capacity of the center. For children 2 years of age and older, the space for outer garment storage shall be at child level.
(f) A safe, washable cot, bed, two-inch thick mat or sleeping bag shall be provided for each child 12 months old or older who naps or sleeps.
(g) A safe, washable crib or playpen shall be provided for use of each child less than 12 months old who naps or sleeps. A crib or playpen shall be washed and disinfected between changes in occupancy.
Note: See Appendix D for information on safe cribs and playpens.
(9) KITCHENS. (a) Equipment and utensils. 1. When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.
1m. Centers preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to have a microwave or stove unless the snacks served require heating. Refrigerators are required if the center serves milk or other perishable snacks.
2. All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condi-tion.
3. Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.
4. After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.
5. Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.
6. Infant bottles and nipples may not be reused without first being cleaned and sanitized.
(b) Dishwashing procedures. 1. All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.
2. All utensils and dishes shall be scraped, sorted and pre-washed under running water.
3. For manual washing of dishes and utensils, a 3-step procedure shall be used:
a. Wash in water between 110 [degrees] and 125 [degrees] F., using an effective soap or detergent.
b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.
c. Sanitize by submerging dishes and utensils for at least 2 minutes in 1 1/2 teaspoons of bleach per gallon of water or another solution of a sanitizer approved by the department.
4. a. If a center uses a commercial dishwasher to clean dishes and utensils, the dishwasher shall have a readily visible temperature gauge located in the wash compartment. If the dishwasher is a spray type or immersion type dishwasher, a temperature gauge shall also be located in the rinse water line.
b. Wash at 130 degrees Fahrenheit to 150 degrees Fahrenheit for at least 20 seconds, using an effective cleaning agent, and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more, using an automatic rinse injector.
c. When using a spray-type dishwashing machine, the dishes and utensils shall be washed, rinsed and sanitized in the dishwasher according to the manufacturer's operating instructions. A chemical sanitizer shall be used in the final rinse.
5. If the center uses a home-type dishwasher to clean dishes and utensils, the dishes and utensils shall be washed and rinsed in the dishwasher and sanitized by submerging dishes and utensils for at least 2 minutes in 11/2 teaspoons of bleach per gallon of water or other solution approved by the department.
6. All dishes and utensils shall be air-dried in racks or baskets or on drain boards.
Note: A list of approved sanitizers is available from the Department of Health Services, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
(c) Food sources. 1. Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from an inspected source.
2. Only milk and milk products which are pasteurized and meet the Grade A milk standards of the Wisconsin de-partment of agriculture, trade, and consumer protection may be served or used.
3m. Meals shall be prepared on the premises, in a central kitchen operated by the child care center or in another location that has been inspected by a representative of a state agency.
Note: Chapter DHS 196 addresses restaurants and other public eating establishments. Chapter ATCP 75 addresses retail food establishments.
4. Food in dented, bulging or leaking cans, or cans without labels, may not be used.
5. Hermetically sealed, non-acid or low-acid food which has been processed in a place other than a commercial food processing establishment may not be used.
(d) Food storage. 1. Foods shall be stored at temperatures which protect against spoilage. The following measures shall be taken to prevent spoilage:
a. Perishable and potentially hazardous food which includes all custard-filled and cream-filled pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to spoil quickly if not kept at the proper temperature shall be continuously maintained at 40 [degrees] F. or below or 150 [degrees] F. or above, as appropriate, except during necessary periods of preparation and service.
b. Each refrigeration unit shall be maintained at 40 [degrees] F. or lower and each freezing unit shall be maintained at 0 [degrees] F. or lower.
c. Each cold storage facility shall be equipped with a clearly visible accurate thermometer.
d. Food shall be covered while refrigerated, except when being cooled.
2. Foods not requiring refrigeration shall be stored in clean, dry, ventilated and lighted storerooms or areas which shall be protected from contamination by sewage, wastewater backflow, condensation, leakage or vermin. In addition:
a. Dry foods, such as flour, sugar, cereals and beans shall be stored in bags with zip-type closures or metal, glass or food-grade plastic containers with tight-fitting covers and shall be labeled. In this paragraph, "food grade plastic" means any plastic material used in the manufacture of dishes or utensils which has been found not harmful to human health by the national sanitation foundation.
b. Foods stored in the basement shall be stored at least 8 inches above the floor, and food stored in other areas shall be stored high enough above the floor to provide for air circulation and to facilitate cleaning.
(e) Cleaning aids. 1. Poisonous and toxic materials, including cleaning supplies, bleaches and insecticides, shall be labeled and stored in cabinets used for no other purpose and shall be inaccessible to children.
2. Cleaning aids such as mops, broom and buckets shall be clean and shall be stored outside of food preparation or food storage areas.
(f) Food handling. 1. Raw fruits and vegetables shall be washed before being served or cooked.
2. Food returned from individual plates or from dining tables shall be discarded.
3. Leftover prepared food which has not been served shall be dated, refrigerated promptly and used within 36 hours, or frozen immediately for later use.
4. Food delivery vehicles shall be equipped with clean containers or cabinets to store food while in transit. Con-tainers for cold food shall be capable of maintaining the temperature at or below 40 [degrees] F. and containers for hot food shall be capable of maintaining the temperature at or above 150 [degrees] F.
5. Potentially hazardous frozen foods shall be thawed in the refrigerator, under cold running water or on the de-frost setting in a microwave oven. No potentially hazardous frozen food may be thawed by leaving it at room temper-ature.
(g) Food service personnel. 1. Personnel who help prepare meals shall:
a. Be at least 18 years of age.
b. Wear clean clothing and effective hair restraints such as hair nets or caps.
c. Wash their hands with soap and warm running water before starting work, before and after handling food, and after using the toilet. Hands shall be dried with single use towels.
2. No one with an open or infected wound or sore may work in the food preparation area unless the wound or sore is covered and, if it is on a hand, a nonporous glove is worn on that hand.
(10) WASHROOM AND TOILET FACILITIES. (a) A group child care center shall provide at least the number of wash-basins and toilets with plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required toilets.
TABLE 251.06
Minimum Number of Washbasins and Toilets Required in Group Child Care Centers
Maximum Number of
Children for Which Number of Number of
the Center is Licensed Toilets Washbasins
9 or 10 1 1
11 to 25 2 1
26 to 40 3 2
41 to 55 4 2
56 to 70 5 3
(b) When a center is licensed for more than 70 children, one additional toilet shall be provided for each additional 15 children or fraction thereof and washbasins shall be provided in the ratio of one for every 2 additional toilets and urinals or fraction thereof.
(c) Children under the age of 30 months need not be included when determining the required fixtures under par. (a). However, in all cases, at least one toilet and one washbasin shall be provided.
(d) If potty chairs are used for children under 30 months of age, the potty chairs shall be provided in a ratio of one for every 4 children or fraction thereof.
(e) Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size of the children.
(f) Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper container shall be pro-vided and accessible to children using the facilities.
(g) Toilet room door locks shall be openable from the outside and the opening device shall be readily accessible to the staff.
(11) OUTDOOR PLAY SPACE. (a) Requirement for outdoor play space. A center shall have outdoor play space if children are present for more than 3 hours per day or if outdoor play is included in the center program.
(b) Required features of outdoor play space. Except when an exemption is requested and is approved by the de-partment under par. (c), a center shall comply with all of the following requirements for outdoor play space:
1. The outdoor play space shall be on the premises of the center.
2. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time.
3. There shall be at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time except as provided in subd. 4.
4. The total outdoor play space of a center shall accommodate not less than 1/3 of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The number of children under one year of age need not be included for purposes of computing the minimum required outdoor play space if the center provides spaces in wheeled vehicles such as strollers and wagons equal to the number of children under one year of age.
5. An energy-absorbing surface, such as loose sand, pea gravel or pine or bark mulch, in a depth of at least 9 inches is required under climbing equipment, swings and slides and in a fall zone of 4 feet beyond and whenever play equipment is 4 feet or more in height. Shredded rubber and poured surfacing shall be installed to the manufacturer's specifications based on the height of the equipment.
6. The outdoor play space shall be well-drained and shall be free of hazards such as uncovered wells, cisterns and unused appliances. Structures such as playground equipment, railings, decks and porches accessible to children that have been constructed with CCA treated lumber shall be sealed with an exterior oil based sealant or stain. Wood con-taining creosote, including railroad ties, may not be accessible to children.
7. The boundaries of the outdoor play space shall be defined by a permanent enclosure not less than 4 feet high to protect the children. Fencing, plants or landscaping may be used to create a permanent enclosure.
8. Concrete and asphalt are prohibited under climbing equipment, swings and slides.
Note: The Consumer Products Safety Commission has a publication entitled Handbook for Public Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help child care centers build safe playgrounds. To obtain copies of this publication and a related public playground safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov or 1-800-638-2772.
(c) Exemption for off-premises play space. 1. In this paragraph, "main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.
1m. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under par. (b) for a center's outdoor play space.
2. A request for an exemption under subd. 1m. shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following:
a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.
b. Provides for adequate supervision of the children as specified in Table 251.05-D.
c. Provides for daily vigorous exercise in the out-of-doors for the children.
d. Describes the arrangements to meet the toileting and diapering needs of the children.
e. Affirms the center's compliance with the requirements included in subds. 3. to 6.
Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.
3. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
4. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.
5. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
6. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
7. A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements of par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and therefore deny the request for exemp-tion. The department shall notify the center in writing of its decision and, if it does not grant an exemption, shall state its reasons for not granting the exemption.
8. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met or is no longer met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing repre-sentative any significant change in any circumstance described in the plan.
(12) SWIMMING AREAS. (a) Above-ground and in-ground swimming pools, and beaches on the premises may not be used by children in care. Swimming pools shall be enclosed by a 6-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less. Access to a beach shall be restricted by a 6-foot fence.
(b) A wading pool on the premises may be used if the water is changed and the pool is disinfected daily. Supervi-sion and staff-to-child ratio requirements under s. DCF 251.05 (3) and (4) shall be met.
(c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by chil-dren, if all the following conditions are met:
1. The construction and operation of the pool shall meet the requirements of chs. SPS 390 and DHS 172 for public swimming pools. A beach shall comply with any applicable local ordinance.
2. Certified lifesaving personnel shall be on duty.
3. While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:
a. For children under 3 years of age: 1:1.
b. For children 3 years of age: 1:4.
c. For children 4 and 5 years of age: 1:6.
d. For children 6 years of age and older: 1:12.
4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child's age.
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Ap-pendix A.
5. A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.
6. If some of the children are in the water and others are not, there shall be at least 2 child care workers super-vising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.
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