Section 1401 GENERAL PROVISIONS
(a) DEFINITIONS
A day care facility is any place operated as a business or
service on a regular or continual basis whether for compensation or not to
provide day care services on a full day or half-day basis.
An early childhood facility is any place, except those
supported in whole by tax funds, operated as a business or service on a regular
or continual basis, whether for compensation or not to provide pre-school
educational services on a half-day basis.
A nursery school is an early childhood facility which
provides social and cognitive experiences to children three or four years old.
No child attends longer than five hours per day, usually within a morning or an
afternoon session.
A kindergarten is an early childhood facility which provides
social and cognitive experiences to children five years old (or during the
calendar year proceding the year in which the child will first attend public
school). No child attends longer than five hours per day, usually a morning or
an afternoon session.
A staff member is any person who provides or helps to provide
day care services at a day care or early childhood facility, whether for
compensation or not.
A director is the staff member who has operating
responsibility for a day care or early childhood facility.
Utensils are any kitchenware, tableware, glassware, cutlery,
dishes, containers, machines or other equipment with which food or drink comes
in contact with during storage, preparation or serving.
Food or drink shall mean all substances meant for human
consumption, other than medications.
Readily perishable or readily contaminated shall include all
custard-filled and cream-filled pastries, milk and milk products, egg products,
meat, fish, shellfish, gravy. poultry stuffing, sauces, dressing, salads, and
sandwich spreads containing meat, fish, eggs, or milk, or milk products.
Potable water - water free from impurities in amount
sufficient to cause disease or harmful physiological effects with the
bacteriological, chemical, physical and radiological quality conforming to
applicable regulations and standards of the Department of Health.
A day care home is a day care facility that is a family
residence other than the child's own home which offers care and protection to
children within a normal family routine. The day care home serves only as many
children as it can integrate into its own physical setting and pattern of
living (usually six or fewer). It is especially suitable for infants, toddlers,
sibling groups, as well as for neighborhood based day care for children before
and after school.
A group day care home is a day care facility that is an
extended or modified family residence other than the child's own home. It
utilizes two or more staff members and provides care and protection for up to
12 children. It is suitable for children who can profit from both a family-like
care situation and group experiences from peers.
A day care center is a day care facility which provides care
and protection to more than 12 children. Centers do not usually attempt to
simulate family living.
(b)
APPLICATION
1) These regulations shall apply
to all the facilities subject to the licensing requirements of the Licensing
& Regulation Unit.
2) The
design and construction requirements of this Chapter shall apply to all day
care facilities constructed after July 1, 1974. Day care facilities constructed
prior to July 1, 1974 shall comply with the design and construction standards
of this Chapter as far as is practical, or wherever it is determined that a
health hazard would be created by not complying with these standards. All day
care facilities shall comply with all operational requirements of this
Chapter.
3) The Commissioner of
Health may authorize the Sanitarian, responsible to the Licensing &
Regulation Unit, to approve the use of new or existing fixtures, materials,
equipment and methods of a type which do not conform to the requirements of
this Chapter; provided that the equipment and/or methods shall be safe and
sanitary and that the design and quality are equal to or better than the
requirements of this Chapter.
Section 1402 HEALTH AND CLEANLINESS OF STAFF
Regulation 1. The health practices of all staff when in the
facility shall be appropriate to protect the health of the children and other
staff members.
Compliance Requirements:
a) Food, drink, utensils and equipment shall
not be handled by any person who is infected with any communicable disease or
who is a carrier of such disease, who has gastro-intestinal symptoms, sore
throat, presumably infected wound, sore or lesion of the arm, hand or other
exposed part of the body.
b) All
employees shall wear clean outer garments and shall keep their hands clean
while on duty at a day care or early childhood facility.
c) Employees shall wash their hands prior to
returning from a toilet to any part of a day care or early childhood facility;
hands shall be washed prior to the preparation of food or drink.
d) Hair nets, head bands, hair spray or caps
shall be required when necessary to keep the hair neat and confined while food
and drink are being prepared.
e)
Employees shall not expectorate or use tobacco in any form while food is
prepared or served.
Section
1403 HEALTH AND CLEANLINESS OF CHILDREN
Regulation 2. Personal health practices of the children shall
minimize the transmission of infecting agents and generally protect the health
of the other children and staff at the facility.
Compliance Requirements:
a) Any food served to or eaten by the
children shall not be eaten by another child or returned to the kitchen for
reuse.
b) Children shall wash their
hands prior to eating.
c) Each day
care or early childhood facility shall have a continuous program to instruct
the children in the proper and sanitary use of toilet facilities.
d) All children shall be instructed and are
required to wash their hands with soap and warm water and to dry their hands
with a clean towel after they use the toilet.
e) The toilet shall be flushed after each
child uses it.
Section
1404 Toilet and Lavatory Facilities
Regulation 3. Every Day Care facility shall be provided with
adequate and conveniently located toilet facilities. There shall be one toilet
and lavatory facility for every 15 children in all facilities licinsed after
July 1, 1974, except that this requirement may be waived by the board of health
for good cause upon such terms and conditions as the Board deems
appropriate.
Facilities licensed before July 1, 1974 shall have one toilet
and lavatory facility for every 20 children. All toilet rooms shall be kept in
clean condition, good repair, well lighted and ventilated.
Compliance Requirements:
a) Toilet facilities shall be scrubbed and
disinfected daily, or more often if necessary.
b) Toilet paper shall be available at all
times at each toilet facility and shall be maintained in a sanitary
manner.
c) There shall be hot and
cold running water under pressure at each lavatory facility; all day care
centers, or newly installed lavatories at other facilities, shall be required
to have a combination hot-cold water faucet.
d) The hot water supplied to wash basins
should not be hotter than 140 degrees Fahrenheit (F) and not less than 110
degrees F.
e) Soap and individual
clean cloth or paper towels shall be available to the children at each lavatory
facility at a height that is accessible to the children. The use of a common
towel is prohibited.
f) All
lavatories that are stahdard size shall be provided with safe step stools for
the children's use.
g) Toilet rooms
shall be ventilated to the outside air by a window or by an electric exhaust
fan.
h) All toothbrushes shall not
be stored over other toothbrushes, soap, towels or drinking cups.
i) All floors shall be smooth and easily
cleanable.
Section 1405
INFANT CARE
Regulation 4. A day care facility which provides care for
children under 2 years shall provide adequate programs and facilities for the
changing of diapers, feeding of infants and sleeping facilities.
Compliance Requirements:
a) A separate area shall be provided for the
changing and storage of diapers; this area shall not be included in the food
preparation area.
b) A sturdy
changing table for children in diapers shall be provided; this table shall be
of an appropriate height and easily cleanable.
c) Disposable towels shall be
provided.
d) All wastes from soiled
diapers shall be emptied into the toilet, and the toilet shall be flushed
immediately. Disposable diapers shall be either wrapped in newspaper or placed
in a plastic or other bag for this purpose and then placed in a covered trash
container.
e) Soiled diapers shall
be placed in a plastic lined covered container which shall be emptied, cleaned
and disinfected daily.
f) An
adequate supply of clean diapers and sheets shall be available at all times,
preferably of a disposable type, or provided by a commercial laundry service;
if diapers are clcaned at the facility they shall be washed daily and
separately.
g) Toilet training
chairs shall be provided for use by children under 3 years of age.
h) Toilet training chairs shall be emptied
promptly after use; washed with soap and water; sanitized; and wastes shall be
disposed of in a sanitary manner. The kitchen sink shall not be used for the
cleaning of toilet training chairs or the disposal of toilet wastes.
i) Wet or soiled clothing shall be changed
promptly; an adequate emergency supply shall be available.
j) The parents of the infant shall be
permitted to supply formula for their own child, provided it is already
prepared and in the bottle; the formula shall be kept under
refrigeration.
k) The only approved
method for preparing non-commercial formula shall be terminal
sterilization.
l) All formula or
left over milk shall be discarded after the baby has been fed; formula or milk
shall not be stored in the refrigerator longer than 48 hours.
m) Day care or early childhood facilities
shall not blend their own baby food.
n) Sleeping facilities for infants shall be
kept clean; sheets and bedding shall be changed and washed between use by
different children, and changed and washed weekly if used by the same
child.
o) All wet and soiled sheets
and blankets shall be changed, and clean sheets and blankets shall be
provided.
Section 1406
THE PREMISES
Regulation 5. The premises, both indoors and outdoors, in
which a day care or early childhood program is operated shall be free from
safety and health hazards and shall be maintained in a clean and orderly
manner.
Compliance Requirements:
a) All rooms used for day care or early
childhood activitien shall have artificial lighting that will provide a minimum
of 50 foot-candles of light without significant glare at 30" above the
floor.
b) All heating facilities
shall be capable of maintaining a draft free temperature of 68 degrees
Fahrenheit (F) one foot above the floor.
c) All floors, walls and ceilings shall be
maintained in good repair.
d) All
ground areas shall be well drained and free from depressions in which water may
stand.
e) The premises shall be
free from accumulated refuse, dilapidated structures and other health and
safety hazards.
f) Furniture,
equipment, and toys shall be sturdy, clean, without sharp edges and shall
present minimal hazards to the children.
g) All painted surfaces accessible to
children shall be free of toxic material. Lead base paint is
prohibited.
h) All poisonous
compounds including those used in rodent control and cleaning shall be clearly
labeled as "poisons" and shall be securely stored in a place inaccessible to
children and away from food, drink and utensils.
i) Devices that constantly diffuse air-borne
chemicals that are harmful to humans shall not be used to control flies or
other insects.
j) All structures
used for day care or early childhood programs shall be protected from flies,
roaches, rodents and other insects and vermin.
k) Cleaning of the premises and equipment
shall be performed on a regular basis. Evidence of this shall be a clean
facility.
l) Pet turtles and
parakeets are prohibited from the premises.
Section 1407 WATER SUPPLY
Regulation 6. A potable water supply of sufficient quantity
is required for all day care and early childhood facilities. Compliance
Requirements:
a) Water from a public
water system must be in compliance with the Department of Health's "Public
Water System Regulations".
b) All
private water supplies shall conform with the construction operation and
sanitation standards as published in the "Rural Water Systems" pamphlets
published by the Department of Health.
c) The water supply shall be capable of
furnishing an adequate quantity of water at pressure necessary for optimum
performance of equipment during all times of operation; a minimum residual
pressure of 20 pounds per square inch pressure is required during maximum draft
at taps.
d) All plumbing associated
with the water supply system shall be installed and maintained in accordance
with the applicable plumbing code.
e) Water supply employing water haulage (tank
truck haulage, containers, etc.) in the distribution system will be approved
only in emergency situations Prior approval must be obtained from the
Sanitarian of the Licensing & Regulation Unit.
Section 1408 DISPOSAL OF WASTES
Regulation 7. All wastes shall be stored and disposed of in
an approved manner. All plumbing shall be designed, installed and maintained in
accordance with the applicable plumbing code, in order to prevent contamination
of the water supply, food, drink, utensils or equipment.
Compliance Requirements:
a) All plumbing fixtures and building sewers
shall be connected to a public sewer when there is one available.
b) Where a public sewer is not available, a
private disposal system shall be designed and constructed and operated as
prescribed in the Manual of Septic Tank Practice published by the U. S.
Department of Health, Education and Welfare, Public Health Service.
c) All garbage not quickly disposed of
through automatic garbage grinders and trash, both indoors and out, shall be
stored in metal watertight, rodent-proof containers with tight fitting
lids.
d) All garbage, trash and
other waste material shall be removed from the premises as frequently as may be
necessary to prevent nuisance, overflow, unsightliness, rat harborage and food
for rats.
e) All plumbing shall
comply with the applicable plumbing code and be designed and installed to
prevent contamination of the water supply through interconnections and
back-siphonage from fix-tures and equipment and to prevent contamination of
food, drink, food bearing surfaces, utensils and equipment through sewage back
flow.
Section 1409
KITCHEN FACILITIES
Regulation 8. Food preparation shall be carried on in a clean
kitchen adequately equipped and with clean-up facilities appropriate for the
maximum number of children and staff at the facility.
Compliance Requirements:
a) At a day care or early childhood facility
when an automatic dishwasher is not available for use dishes shall be washed in
hot (120 degrees F.) soapy water, rinsed in hot clean water and immersed for at
least two minutes in an approved bactericide, and air-dried. Hot water for the
automatic dishwasher shall be 140 degrees F. for washing.
1) In a Day Care Home a family kitchen in
good repair, shall be acceptable. A domestic dishwasher is acceptable for
washing dishes; otherwise, dishes shall be washed subject to the procedures
stated in Section (8) (a).
2) In a
Group Day Care Home a family kitchen in good repair, shall be acceptable. A
domestic dishwasher is acceptable for washing dishes; otherwise, there shall be
a two compartment sink with adequate space and drainboards, and dishes shall be
washed subject to the procedures stated in Section (8) (a).
b) In a Day Care Center there
shall be at least adequate food preparation and storage space per number of
licensed children and staff members at the facility; equipment shall include
adequate refrigeration, tabletop space sufficient to allow for sanitary food
preparation and adequate food storage facilities, a dishwasher with a 180
degrees F. rinse cycle and/or a three compartment sink with an adequate space
for drainboards, and dishes shall be washed subject to the procedures stated in
Section (8) (a).
c) All day care or
early childhood facilities using single service utensils shall not be subject
to the dishwashing requirements in (8) (a) and/or (8) (b).
d) When children bring their own lunch to a
day care or early childhood facility the food preparation area shall consist of
adequate refrigeration and a sink with hot and cold water.
e) Hot and cold water under pressure shall be
available in all rooms where food or drink is prepared or utensils are
washed.
f) All kitchen sinks shall
be equipped with individual cloth or paper towels and soap for handwashing by
food service personnel.
g) All
floors, walls and ceilings in the kitchen shall be so constructed that they are
smooth, washable and have a grease resistant surface.
h) Surfaces coming into contact with food or
drink shall be easily cleanable and in good repair, and shall not be made of a
toxic material.
i) All machinery
and equipment used in connection with the operation of the kitchen shall be so
constructed and arranged as to be easily cleanable, and shall be kept in good
repair.
j) The food preparation
area shall not be used for other activities when food or drink is being
prepared or served.
Section
1410 WHOLESOMENESS OF FOOD AND DRINK
Regulation 9. All food and drink shall be clean, wholesome,
free from spoilage and shall be safe for human consumption.
Compliance Requirements:
a) All food and drink shall be stored,
prepared and displayed in such a manner as to be protected from dust, flies,
vermin, depredation by rodents, droplet infections, overhead leakage and
condensation, sewage backflow and other contamination. All storage shelves
shall be constructed so they are 18" off the floor.
1) Food and drink shall not be stored,
prepared or displayed beneath sewer pipes unless such pipes are protected
against leakage or condensation reaching the food or drink.
2) Facilities constructed or remodeled after
July 1, 1974 shall be so designed that no soil or drainage pipes are located
over a food preparation, storage or serving area.
b) All readily perishable or readily
contaminated food or drink shall be refrigerated at or below 45 degrees F.
except when being prepared or served. All readily perishable or readily
contaminated hot foods shall be kept at or above 150 degrees F.
1) All readily perishable food shall not be
kept at room temperature for more than one hour while being prepared or
served.
2) All readily perishable
or readily contaminated frozen food shall be thawed at or below 45 degrees F.
or above 150 degrees F.
3) Readily
perishable food not in original container shall be stored in the refrigerator
in covered shallow pans not more than 3" in depth to promote rapid
cooling.
4) Food and containers of
food shall be so stored in the refrigerator as to permit free circulation of
cool air, and in such a manner as to prevent contamination.
5) Readily perishable or readily contaminated
food or drink shall not be prepared outside a facility without the proper
equipment for transfer to the facility.
c) Children shall be permitted to bring their
own lunches provided that the lunches are placed under refrigeration upon
arrival at the facility.
d) All
milk, fluid milk products, ice cream and frozen desserts shall be obtained from
sources approved by the Vermont State Department of Agriculture.
e) Fresh fruit and vegetables shall be
thoroughly washed before use.
f)
All pork and pork products, chicken and chicken products, shall be cooked until
all signs of redness have disappeared.
g) All spoiled fruit, vegetables, and other
foods or drink, swelled, rusty or leaky canned food or drink, or food or drink
exposed to fire, smoke or water damage shall be promptly disposed of.
h) All oysters, clams, mussels or other
shellfish shall come from a source that is currently certified by the United
States Public Health Service.
i)
All foods exposed to sewage and other drainage, to vermin or insect excretion,
or to depredation by any animal, and food or drink containing insects, hairs,
or other filth shall be promptly disposed of.
j) Live animals, fowl or birds shall not be
kept or allowed in any rooms where food or drink is being prepared.
Section 1411 STORAGE OF AND
HANDLING OF UTENSILS AND EQUIPMENT
Regulation 10. All utensils and equipment shall be stored in
a clean, dry space, free from insects, splash, dust and other contamination;
and shall be handled in such a manner as to prevent contamination.
Compliance Requirements:
a) All containers and utensils shall be
stored off the floor, unless otherwise protected against any form of
contamination.
b) Utensils shall be
covered or inverted at all times when not in use.
c) Containers and utensils shall not be
handled by the surfaces which come in contact with food or drink.
d) Paper cups, plates, straws, spoons, forks
and other single service containers and utensils shall be purchased in sanitary
cartons and stored in a clean and dry place until used. After removal from the
cartons, these articles shall be placed in dispensers or so stored that the
food contact surfaces are not exposed to sources of contamination; single
service utensils shall be used only once.
Section 1412 VENTILATION
Regulation 11. All newly constructed day care centers and
early childhood facilities shall meet the ventilation standards for
instructional areas of the Vermont State Department of Health, Schoolhouse
Regulations. All existing facilities shall be well ventilated.
Compliance Requirements:
a) All rooms have at least one openable
window, unless artificial ventilation is used as supplement or substitute;
minimum ventilation shall be 4 cfm per occupant.
b) All rooms must be sufficiently ventilated
to be reasonably free of disagreeable odors, condensation and toxic
gases.
Section 1413 NEW
CONSTRUCTION OR RENOVATION
Regulation 12. Plans, specifications for construction, major
alterations or major repair of building used for day care or early childhood
facilities in the State of Vermont, including details for the plumbing,
heating, lighting, ventilation, water supply and sewage disposal shall meet the
requirements of these regulations; these plans shall be submitted to the
Division of Environmental Protection, Agency of Environmental Conservation,
Montpelier, Vermont.
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