Kan. Admin. Regs. § 28-4-115 - Facility
(a) Water supply
and sewerage systems. Each applicant, each applicant with a temporary permit,
and each licensee shall ensure that public water and sewerage systems, where
available, are used. If a nonpublic source for the water supply is used, the
water shall be safe for drinking and shall be tested annually by a
department-certified laboratory. If a well is used, the well shall be approved
by the local authority for private well permitting, the department, or a
licensed water well contractor. A copy of the test results and the approval
shall be kept on file at the facility. Each private sewerage system shall be
maintained in compliance with all applicable state and local laws.
(b) Drinking water for children under 12
months of age. If children under 12 months of age are enrolled in a facility
using water from a nonpublic source, including private well water, commercially
bottled drinking water shall be purchased and used until a laboratory test
confirms that the nitrate content of the private well water is not more than 10
milligrams per liter (10 mg/l) as nitrogen.
(c) General environmental requirements. Each
facility shall have 25 square feet of available play space per child and shall
be constructed, arranged, and maintained to provide for the health and safety
of children in care. Each applicant, each applicant with a temporary permit,
and each licensee shall ensure that the facility meets the following
requirements:
(1) Has walls that are in good
condition;
(2) is skirted and
anchored if a mobile home;
(3) has
a 2A 10B:C fire extinguisher;
(4)
has a working smoke detector on each level of the facility;
(5) is uncluttered, visibly clean, and free
from any evidence of vermin infestation and any objects or materials that
constitute a danger to children in care;
(6) has kitchen and outdoor trash and garbage
in covered containers or in tied plastic bags;
(7) meets all of the following requirements
for each heating appliance:
(A) Has a
protective barrier for each freestanding heating appliance to protect from
burns; and
(B) has each heating
appliance using combustible fuel vented to the outside;
(8) has each electrical outlet covered or
inaccessible to prevent easy access by a child when the outlet is not in
use;
(9) has any power strip or
extension cord positioned in a manner that prevents a tripping or shock
hazard;
(10) has each stairway with
more than two stairs railed;
(11)
if any children under 2.5 years of age are in care, meets all of the following
requirements:
(A) Has each stairway equipped
with balusters not more than four inches apart or guarded to prevent a child's
head or body from falling through;
(B) has each stairway guarded by a secured
door or gated to prevent unsupervised access by the child, including a latching
device that an adult can open readily in an emergency;
(C) does not have any accordion gate in use;
and
(D) does not have a pressure
gate at the top of any stairway;
(12) has a readily available second means of
escape from the first floor;
(13)
has each lockable interior door designed to permit the door to be unlocked from
either side in case of an emergency;
(14) is maintained at a temperature of not
less than 65 degrees Fahrenheit and not more than 85 degrees Fahrenheit in the
play area;
(15) does not have any
window coverings with strings or cords accessible to children in
care;
(16) has at least one
bathroom with at least one sink and one flush toilet. All fixtures shall be in
working order at all times. An individual towel and washcloth or disposable
products shall be provided for each child. The use of common towels shall be
prohibited. Hand soap shall be readily accessible in each bathroom;
and
(17) has interior and exterior
surfaces of the facility that are free from peeling, chipping, cracking,
scaling, and loose paint.
(d) Fire safety. Each facility shall be
approved for fire safety by a fire inspector.
(e) Basements and other floors. A basement or
a second floor used for child care in a facility shall be approved for fire
safety by a fire inspector before use. A third floor shall not be used for
child care.
(f) Refrigerator. A
refrigerator shall be available for the storage of perishable foods.
Refrigerated medications shall be in a locked box.
(g) Storage, handling, and disposal of
hazardous items. The following hazardous items shall be safely stored, handled,
and disposed:
(1) All household supplies,
cleaning supplies, dangerous chemicals, and all bodily care products containing
alcohol or bearing warning labels to keep out of reach of children shall be in
locked storage or stored out of reach of children under six years of age. Soap
used for hand washing may be kept unlocked and placed on the back of the
counter by a sink.
(2) All
medications shall be in locked storage or stored out of the reach of children
under 10 years of age.
(3)
Chemicals and cleaning supplies shall be used and disposed of in accordance
with the product safety label.
(4)
Sharp instruments shall be stored in drawers or cabinets equipped with
childproof devices to prevent access by children or stored out of reach of
children.
(5) Tobacco products,
ashtrays, lighters, and matches shall be stored out of reach of
children.
(h) Storage of
weapons. No child in care shall have access to weapons. All weapons shall be
stored in a locked room, closet, container, or cabinet. Ammunition shall be
kept in locked storage separate from other weapons.
(i) Outdoor play area. The designated area
for outdoor play and large motor activities on the premises shall meet all of
the following requirements:
(1) The outdoor
play area shall be fenced if the play area adjoins that of another child care
facility, as defined in
K.S.A. 65-503, and amendments thereto, or if the
area surrounding, or the conditions existing outside, the play area present
hazards that could be dangerous to the safety of the children, which may
include any of the following:
(A) A fish pond
or a decorative pool containing water;
(B) railroad tracks; or
(C) a water hazard, including a ditch, a
pond, a lake, and any standing water.
(2) Outdoor play equipment that is safely
constructed and in good repair shall be available and placed in an area free of
health, safety, and environmental hazards.
(3) The use of a trampoline shall be
prohibited during the hours of operation of the facility. If a trampoline is on
the premises, the trampoline shall be made inaccessible to children during the
facility's hours of operation.
(4)
Climbing equipment and swings shall be either anchored in the ground with metal
straps or pins or set in cement, to prevent movement of the equipment and
swings.
(5) All surfaces under and
around climbing equipment and swings shall meet the following requirements:
(A) Impact-absorbent surfacing material shall
be installed in each use zone under and around anchored equipment over four
feet in height, including climbing equipment, slides, and swings.
(B) Impact-absorbent surfacing material shall
consist of material intended for playground use, including shredded bark mulch,
wood chips, fine sand, fine gravel, shredded rubber, unitary surfacing
material, or synthetic impact material.
(C) Hard-surfacing materials, including
asphalt and concrete, shall not be used in any use zone. Hard-packed dirt shall
be covered with an impact-absorbent surfacing material as specified in
paragraph (i)(5)(B). This requirement shall apply regardless of the height of
the climbing equipment, slides, and swings.
(D) Surfaces made of loose material shall be
maintained by replacing, leveling, or raking the material.
(6) Swings shall not have wooden or metal
seats.
(7) Teeter-totters and
merry-go-rounds designed for school-age children shall not be used by children
under five years of age.
(j) Each facility licensed on and after March
1, 2012 shall have a designated area for outdoor play and large motor
activities as part of the licensed premises.
Notes
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