(A) School buildings shall not be required to undergo additional building code inspections or to have structural modifications for use as school child care programs.
(B) Programs not conducted in school buildings may not be licensed until it has been ascertained that such use conforms to local codes and ordinances, and until the premises have passed inspection by:
(1) A fire marshal. The premises shall have been inspected by the fire marshal holding local jurisdiction and any changes required by the fire marshal have been completed before children may occupy the premises. A floor plan of the area used by the program must be on file with the local fire department; and
(2) A building official. Local building authorities having jurisdiction over the premises shall be satisfied with building code compliance and documentation kept on file. Any required changes shall be made before the program may occupy the space.
(C) Both the scheduled and completed dates of the annual fire inspection shall be documented and maintained by the program.
(D) The superintendent is responsible for ensuring that the above inspections are carried out and that any needed modifications to program facilities are made. Documents verifying these inspections and any changes or reconstruction carried out pursuant to the official's requirements shall be available for inspection by any citizen in the superintendent's office. If any person has reasonable cause to believe that a potential hazard exists, he/she may request that the superintendent order a re-inspection.
(E) Program sites shall provide a minimum of thirty-five square feet of indoor primary space per child. When space is used concomitantly with other groups, only the actual portion of space available for the school child program shall be classified as primary space that may be used in the calculation of the square footage for primary space.
(F) Secondary space used for short periods of time are not required to meet the thirty-five square feet per child requirement.
(G) Upon making application for licensure, site plans for each program shall be filed with the department and shall specify the location and dimensions of the following:
(2) Secondary; and
(3) Outdoor play space as required by paragraph (J) of this rule.
(H) If additional children are to be added at a program site and the result is that more children will be in attendance at the site than the license capacity permits, a new site plan shall be submitted to and approved by the department prior to opening the program for that increased number of children.
(I) Safe indoor and outdoor environments free of hazards shall be maintained
(1) Children may use cleaning supplies with adult supervision.
(2) Furniture , equipment, and supplies shall be appropriate to the age and size of the children who use them.
(3) Equipment and furniture must be without sharp corners, splinters, or paint containing lead.
(4) Areas used by children must be free from debris, loose or peeling paint or wallpaper, crumbling plaster, holes in walls, floors, or ceilings, or litter. Rugs must have nonskid backing or be firmly attached to the floor and be free from wrinkles, tears, or edges that interfere with walking.
(5) The program facility must be cleaned daily, including cleaning and sanitizing of toilets and table tops.
(J) Safe outdoor play space totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use, unless the program operates for less than three hours per day.
(1) The surface of the outdoor play space shall be well drained and offer protection from falls.
(2) The play space shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials and other debris.
(3) The play area shall be well defined to protect children from traffic, animals, or other hazards.
(4) The program shall provide equipment for materials that promote large muscle development in adequate amounts for the group size.
(K) Space for storage of equipment and children's personal belongings shall be available.
(L) Children shall have access to toilets, sinks, and drinking water at all times.
(M) A working phone must be within, or immediately accessible to the program's primary space and accessible to staff at all times. Program staff must be available to parents by phone during hours of program operation. Phone numbers for emergency services as may be locally appropriate must be posted in a visible location readily accessible to the appropriate program personnel in the area.
Five Year Review (FYR) Dates: 04/02/2015 and 06/22/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.53, 3301.58
Rule Amplifies: 3301.52 to 3301.59
Prior Effective Dates: 1-27-92; 12-30-2004, 1/22/10