Utah Admin. Code R381-70-9 - Facility

(1) The provider shall ensure that there is at least 35 square feet of indoor space for each child in the program, 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 use 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 windows and glass doors within 36 inches from the floor or ground are made of safety or tempered glass, or have a protective guard.

(8) The provider shall ensure that rooms and areas have adequate light intensity for the safety of the children and the type of activity the provider is conducting.

(9) The provider shall maintain the indoor temperature between 65 and 82 degrees Fahrenheit.

(10) 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.

(11) The provider shall ensure that there are at least two working toilets and two working handwashing sinks accessible to children in the center.

(12) The provider shall ensure that there is at least one additional working toilet and one additional handwashing sink for each additional group of one to 25 children.

(13) The provider shall ensure that there is a bathroom that provides privacy available for use by any child.

(14) The provider shall ensure that any child outdoors is in an enclosed area, except during offsite activities.

(15) The provider shall ensure that the outdoor 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;

(d) has shade available to protect any child from excessive sun and heat when in the outdoor area;

(e) is safely accessible to any child; and

(f) the total square footage of the outdoor area accommodates at least one-third of the approved capacity at one time, or is at least 1,600 square feet.

(16) 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.

(17) 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;

(d) furniture, toy, and material accessible to a child;

(e) indoor and outdoor equipment; and

(f) lighting, bathroom, and other fixture.

(18) 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.

(19) 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 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 the program.

Notes

Utah Admin. Code R381-70-9

Adopted by Utah State Bulletin Number 2015-10, effective 5/1/2015 Amended by Utah State Bulletin Number 2016-4, effective 1/31/2016 Amended by Utah State Bulletin Number 2016-8, effective 3/30/2016 Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017 Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018 Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020 Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022 Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023 Amended by Utah State Bulletin Number 2025-10, effective 5/8/2025