Utah Admin. Code R381-60-9 - Facility
(1) The provider
shall ensure that there is at least 35 square feet of indoor space for each
child in care, including the provider's or employee's own child.
(2) The provider may include floor space used
for furniture, fixtures, or equipment as indoor space per child if the
furniture, fixture, or equipment is used:
(a)
by children;
(b) for the care of
children; or
(c) to store materials
for children.
(3) When
measuring indoor space for children's use, the provider may not include any:
(a) bathroom;
(b) closet and staff locker;
(c) hallway;
(d) kitchen;
(e) lobby and entryway; and
(f) staff office.
(4) The provider shall ensure that the number
of children in care at any given time does not exceed the capacity identified
on the license.
(5)
(a) The provider shall ensure that any
building or play structure on the premises constructed before 1978 that has
peeling, flaking, chalking, or failing paint undergoes a test for
lead.
(b) If there is lead-based
paint at the facility, the provider shall contact their local health department
within five working days and follow required procedures for remediation of the
lead hazard.
(6) The
provider shall ensure that each room and indoor area that children use is
ventilated by mechanical ventilation, or by windows that open and have
screens.
(7) The provider shall
ensure that each room and area has adequate light intensity for the safety of
the children and the type of activity the provider is conducting.
(8) The provider shall maintain the indoor
temperature between 65 and 82 degrees Fahrenheit.
(9) The provider shall ensure that there is a
working telephone:
(a) at the
facility;
(b) during any offsite
activity; and
(c) in each vehicle
while transporting a child.
(10) The provider shall ensure that there is
at least one working handwashing sink used exclusively for handwashing that is
accessible to any child.
(11) The
provider shall ensure that there is at least one working toilet and one working
sink for each group of one to 25 children in the center who are two years old
and older.
(12) The provider shall
ensure that there is a bathroom that provides privacy available for use by any
school-age child.
(13) If there is
an outdoor area used by a child in care, the provider shall ensure that the
area:
(a) has a fence, wall or solid natural
barrier that is at least four feet high encloses the outdoor area;
(b) has at least 40 square feet of space for
each child using the area at one time;
(c) has no gaps five by five inches or
greater in or under any fence or barrier; and
(d) is safely accessible to any
child.
(14) The provider
shall ensure that when outdoors:
(a) each
child is in an enclosed area, except during offsite activities; and
(b) there is shade available to protect each
child from excessive sun and heat.
(15) If there is a swimming pool on the
premises that the provider does not empty after each use, the provider shall:
(a) maintain the pool in a safe
manner;
(b) meet applicable state
and local laws and ordinances related to the operation of a swimming pool;
and
(c) when not in use:
(i) cover the pool with a commercially made
safety enclosure that is installed according to the manufacturer's instructions
or
(ii) enclose the pool within at
least a four-foot-high fence or solid barrier that is kept locked and that
separates the pool from any other areas on the premises.
(16) The provider shall maintain
any building and outdoor area in good repair and safe condition, including any:
(a) ceiling, wall, and floor
covering;
(b) drape, blind, and
other window covering;
(c)
entrance, exit, step, and walkway, including keeping them free of ice, snow,
and other hazards; and
(d)
furniture, toy, and material accessible to a child;
(e) indoor and outdoor equipment;
and
(f) lighting, bathroom, and
other fixture.
(17) The
provider shall ensure that a protective barrier of at least three feet or
higher exists for:
(a) any accessible raised
deck or balcony that is five feet or higher; and
(b) any open stairwell that is five feet or
deeper.
(18) If the
facility is subdivided, any part of the building is rented out, or any area of
the facility is shared including the outdoor area, OL may inspect the entire
facility and the provider shall ensure that covered individuals in the facility
comply with this rule, except when:
(a) there
is a separate entrance for the child care program;
(b) there are no connecting interior doorways
that can be used by unauthorized individuals; and
(c) there is no shared access to the outdoor
area used for child care.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The provider shall ensure that there is at least 35 square feet of indoor space for each child in care, including the provider 's and employees' children.
(2) The department may include floor space used for furniture, fixtures, or equipment as indoor space per child if the furniture, fixture, or equipment is used:
(a) by children;
(b) for the care of children; or
(c) to store materials for children.
(3) The department may not include the following areas when measuring indoor space for children's use:
(a) bathrooms;
(b) closets and staff lockers;
(c) hallways;
(d) lobbies and entryways;
(e) kitchens; and
(f) staff offices.
(4) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license .
(5) The provider shall ensure that any building or play structure on the premises constructed before 1978 that has peeling, flaking, chalking, or failing paint is tested for lead. If lead-based paint is found, the provider shall contact their local health department within five working days and follow required procedures for remediation of the lead hazard.
(6) The provider shall ensure that each room and indoor area that is used by children is ventilated by mechanical ventilation, or by windows that open and have screens.
(7) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity being conducted.
(8) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.
(9) The provider shall ensure that there is a working telephone at the facility , in each vehicle while transporting children, and during offsite activities.
(10) The provider shall ensure that there is at least one working handwashing sink used exclusively for handwashing that is accessible to the children.
(11) The provider shall ensure that there is at least one working toilet and one working sink for each group of one to 25 children in the center who are two years old and older.
(12) The provider shall ensure that there is a bathroom that provides privacy available for use by school-age children.
(13) If there is an outdoor area used by the children in care, the provider shall ensure that the area:
(a) is safely accessible to children;
(b) has at least 40 square feet of space for each child using the area at one time; and
(c) is enclosed within a fence, wall, or solid natural barrier that is at least four feet high and that has no gap five by five inches or greater in or under.
(14) The provider shall ensure that when outdoors:
(a) children are in an enclosed area, except during offsite activities; and
(b) there is shade available to protect the children from excessive sun and heat.
(15) If there is a swimming pool on the premises that the provider does not empty after each use, the provider shall:
(a) meet applicable state and local laws and ordinances related to the operation of a swimming pool;
(b) maintain the pool in a safe manner; and
(c) when not in use, cover the pool with a commercially-made safety enclosure that is installed according to the manufacturer's instructions, or enclose the pool within at least a four-foot-high fence or solid barrier that is kept locked and that separates the pool from any other areas on the premises.
(16) The provider shall maintain buildings and outdoor areas in good repair and safe condition including:
(a) ceilings, walls, and floor coverings;
(b) lighting, bathroom, and other fixtures;
(c) draperies, blinds, and other window coverings;
(d) indoor and outdoor play equipment;
(e) furniture, toys, and materials accessible to the children; and
(f) entrances, exits, steps, and walkways including keeping them free of ice, snow, and other hazards.
(17) The provider shall ensure that accessible raised decks or balconies that are five feet or higher, and open stairwells that are five feet or deeper have protective barriers that are at least three feet high.
(18) If the facility is subdivided, any part of the building is rented out, or any area of the facility is shared including the outdoor area, the department may inspect the entire facility and the provider shall ensure that covered individuals in the facility comply with the rules, except when:
(a) there is a separate entrance for the child care program ;
(b) there are no connecting interior doorways that can be used by unauthorized individuals; and
(c) there is no shared access to the outdoor area used for child care .