Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 406 - LICENSING STANDARDS FOR DAY CARE HOMES › Section 406.8 - General Requirements for Day Care Homes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The physical facilities of the home, both
				indoors and outdoors, shall meet the following requirements for safety to
				children.
1) The home shall have a first aid
				kit consisting of adhesive bandages, scissors, thermometer, non-permeable
				gloves, Poison Control Center telephone number (1-800-222-1222 or
				1-800-942-5969), sterile gauze pads, adhesive tape, tweezers and mild
				soap.
2) The kitchen shall be
				equipped with a readily accessible and operable fire extinguisher rated for
				Class A, B, and C fires and a flashlight in working order.
3) All electrical outlets that are in areas
				used by the day care children shall have protective coverings. There shall be
				no exposed or uninsulated wiring.
4) The home shall be equipped with a minimum
				of one approved smoke detector in operating condition on every floor level,
				including basements and occupied attics.
A) A
				smoke detector in operating condition shall be within each room where children
				nap or sleep.
The detector shall be installed on the ceiling and at
				least 6 inches from any wall, or on a wall located between 4 and 6 inches from
				the ceiling.
In addition, there shall be at least one detector at the
				beginning and end of each separate corridor or hallway 200 feet or more in
				length in any occupied story.
B)
In any facility constructed after December 31, 1987, or which undergoes
				substantial remodeling of its structure or wiring system after that date, the
				smoke detectors shall be permanently wired into the structure's AC power line,
				and, if more than one detector is required to be installed, the detectors shall
				be wired so that the activation of one detector will activate all the detectors
				in the facility unit.
For purposes of this subsection (a)(4),
				"substantial remodeling" represents more than 15% of the replacement cost of
				the day care home. For homes that did not have wired installation of smoke
				detectors in each room prior to December 15, 2011, the Department may allow the
				installation of a battery-operated smoke detector in each room where children
				nap or sleep and deem the home to be in compliance.
C)
Compliance with any applicable
				federal, State or local law, rule or building code which requires the
				installation and maintenance of smoke detectors in a manner different from this
				Section, but providing a level of safety for occupants which is equal to or
				greater than that provided by this Section, shall be deemed to be compliance
				with this Section.
(Section 2 of the Facilities Requiring Smoke
				Detectors Act [
				425 ILCS
				10/2 ])
D)
				For homes constructed after December 15, 2011, or that underwent substantial
				remodeling of structure or wiring systems after December 15, 2011, the smoke
				detectors shall be permanently wired into the structure's AC power line and, if
				more than one detector is required to be installed, the detectors shall be
				wired so that the activation of one detector will activate all the detectors in
				the facility unit.
5)
				Carbon Monoxide Detector
A) A home that has
				an attached garage and/or relies
on combustion of fossil fuel for
				heating, ventilation, or hot water shall be equipped with
a minimum of
one approved carbon monoxide detector in operating condition within 15
				feet of rooms
where children nap or sleep.
B)
The carbon monoxide detector may
				be combined with smoke detector devices, provided that the combined unit
				complies with
subsection (a)(4) and this subsection (a)(5). [
				430 ILCS
				135/10 ]
6) The home and indoor space shall be
				maintained in good repair and shall provide a safe, comfortable environment for
				the children.
7) A draft-free
				temperature of 65°F to 75°F shall be maintained during the winter
				months or heating season. For infants and toddlers, a temperature of 68°F
				to 82°F shall be maintained during the summer or air-conditioning months.
				When the temperature in the home exceeds 78°F, measures shall be taken to
				cool the children. Temperatures shall be measured at least 3 feet above the
				floor.
8) Fixed space heaters,
				fireplaces, radiators, and other heating sources in areas occupied by children
				shall be separated by partitions or a sturdy barrier to prevent contact.
				Portable space heaters may not be used in a day care home during the hours that
				child care is provided.
9)
				Facilities in which a wood-burning stove or fireplace has been installed and
				which is used during the hours that child care is provided shall provide a
				written plan of how the stove or fireplace will be used and what actions will
				be taken to ensure the children's safety when in use.
10) When the basement area may be used for
				child care, 2 exits shall be provided.
A) At
				least one exit shall be a basement exit via a door directly to the outside
				(without traversing any other level of the home) or a protected exit from a
				basement via a door or stairway that allows unobstructed travel directly to the
				outside of the building at street or ground level. The stairway may not be more
				than 8 feet high.
B) A second exit
				may be a window.
i) The window shall be
				operable from the inside without the use of tools and provide a clear opening
				not less than 20 inches in width, 24 inches in height, and 5.7 square feet in
				area.
ii) If the window is used as
				a second exit, the bottom of the window opening shall be no more than 44 inches
				above the floor.
iii) When the
				bottom of the window opening used as a second exit is greater than 24 inches
				above the floor, there shall be a permanently affixed, sturdy ramp or stairs
				located below the window to allow speedy access in the event of an
				emergency.
C) If the
				basement area does not meet the requirements in subsections (a)(10)(A) and (B),
				the basement may be used for child care only with the prior written approval of
				OSFM.
11) All walls and
				surfaces shall be maintained free from lead paint and from chipped or peeling
				paint.
12) Walls of rooms that
				children use shall be free of carpeting, fabric or plastic products.
				Inflammable or combustible artwork attached to the walls shall not exceed 20%
				of any wall area.
13) Furniture and
				equipment shall be kept in safe repair.
14) First aid supplies, medication, cleaning
				materials, poisons, sharp scissors, plastic bags, sharp knives, cigarettes,
				matches, lighters, flammable liquids, and other hazardous materials shall be
				stored in places inaccessible to children. Hazardous items for infants and
				toddlers also include items that can cause choking, including but not limited
				to: coins, balloons, safety pins, marbles,
				StyrofoamTM and similar products, and sponge, soft
				rubber or soft plastic toys that can be bitten or broken into small
				pieces.
15) Tools and gardening
				equipment shall be stored in locked cabinets, if possible, or in places
				inaccessible to all children.
16)
				An operable telephone shall be available on the premises of the licensee. The
				number of the Poison Control Center (1-800-222-1222 or 1-800-942-5969) and
				other emergency numbers shall be posted in an area that is readily available in
				an emergency.
17)
Handguns
				are prohibited on the premises of the day care home except in the possession of
				peace officers or other adults who must possess a handgun as a condition of
				employment and who reside in the day care home.
The licensee shall
				post a "no firearms" sign, as described in Section 65(d) of the Firearm
				Concealed Carry Act [
				430 ILCS
				66/65(d) ], in a visible location
				where parents pick up children.
18)
Any firearm, other than a handgun in the possession of a peace officer
				or other person as provided
in subsection (a)(17)
, shall be
				kept in a disassembled state, without ammunition, in locked storage in a
				closet, cabinet, or other locked storage facility inaccessible to
				children.
A)
Ammunition for
				such firearms shall be kept in locked storage separate from that of the
				disassembled firearms
,
inaccessible to
				children.
B)
The
				operator of the home shall notify the parents or guardian of any child accepted
				for care that firearms and ammunition are stored on the premises. The operator
				shall also notify the parents or guardian that such firearms and ammunition are
				locked in storage inaccessible to children.
(Section 7 of the Child
				Care Act of 1969 [ 225 ILCS 10/7 ]) The
				notification need not disclose the location where the firearms and ammunition
				are stored.
19) Written
				emergency preparedness plans shall be developed and shall specify the actions
				to be taken in the event of a fire, tornado or other emergency. Caregivers and
				assistants in the home shall be familiar with these plans. The emergency
				preparedness plans shall include, but are not limited to:
A) A fire evacuation plan identifying exits
				from each area used for child care and specifying the evacuation
				route;
B) A fire evacuation plan
				identifying a safe assembly area outside of the home. It shall also identify a
				nearby indoor location for post-evacuation holding if needed;
C) A fire evacuation plan requiring that the
				home be evacuated immediately and the children's safety insured before calling
				the local emergency number 911 or attempting to combat the fire;
D) A tornado plan specifying actions that
				will be taken in the event of tornado or other severe weather warning,
				including designation of those areas of the home to be used as safe
				spots;
E) Specific procedures for
				notifying parents if evacuation is necessary and how they will be reunited with
				their children;
F) Specific
				procedures for evacuating children who are less than 30 months of age and/or
				for evacuating special needs children when applicable;
G) Monthly fire drills to be conducted for
				the purpose of removing children from the home as quickly as possible;
				and
H) Monthly tornado drills to be
				conducted for the purpose of getting children accustomed to moving to a
				position of safety in the event of a tornado.
20) The licensee shall hold monthly fire
				safety inspections of the day care home and maintain documentation on file for
				a period of 1 year.
21) Fire and
				tornado drills shall be documented and that documentation shall be maintained
				on file for a period of 3 years.
22) Escape routes from the home shall be
				designed and maintained for swift and safe exiting in the event of an
				emergency.
A) All corridors and escape routes
				from the home shall be kept clear of obstructions.
B) Dead-end paths or corridors within the
				home shall be a maximum of 20 feet in length.
C) All escape routes from the home shall have
				operable lighting. The lighting shall be activated during any hours of
				operation when natural lighting is reduced to a level that prohibits visibility
				within the escape route.
D)
				Bathroom doors in areas accessible to day care children shall allow a caregiver
				to open the door from outside of the bathroom if necessary.
E) All closet doors accessible to children
				shall be able to be opened from inside of the closet without the use of a
				key.
F) There shall be no more than
				2 releasing devices (door knobs, hand-operated deadbolts, thumb-turn locks,
				etc.) on any exit door or exit window.
G) Exit doors and exit windows shall be
				operable without the use of a key, a tool or special knowledge to open for exit
				to the outsid
H) Exit doors and
				exit windows shall be kept clear of equipment and debris at all
				times.
23) The licensee
				shall inspect the home daily, prior to arrival of children, ensuring that
				escape routes are clear and that exit doors and exit windows are operable. A
				log of these daily inspections shall be maintained for at least one year, and
				shall be available for review. The log shall reflect, at minimum, the date and
				time of each inspection and the full name of the person who conducted
				it.
24) All in-ground swimming
				pools located in areas accessible to children shall be fenced. The fence shall
				be at least 5 feet in height and secured by a locked gate. Day care homes that
				have a license or a permit on April 1, 2001 and are in compliance with the
				requirement for a 31/2 foot fence shall be considered in compliance with the
				fence requirement.
25) All
				above-ground pools shall have non-climbable sidewalls that are at least 4 feet
				high or shall be enclosed with a 5 foot fence that is at least 36 inches away
				from the pool's side wall and secured with a locked gate. When the pool is not
				in use, steps shall be removed from the pool or otherwise protected to insure
				the pool cannot be accessed. Day care homes that have a license or a permit on
				April 1, 2001 and are in compliance with the requirement for a 31/2 foot fence
				shall be considered in compliance with the fence requirement.
26) Portable wading pools shall be emptied
				daily and disinfected before being air-dried.
27) All hot tubs shall have securely locked
				covers or otherwise be inaccessible to children.
28) Free hanging cords on blinds, shades and
				drapes shall be tied or otherwise kept out of reach of children.
29) Effective January 1, 2013, the home shall
				be tested for radon at least once every 3 years. The most current radon
				measurements shall be posted next to the license in the home, on a form
				provided by the Department, containing the required informative statement from
				Section 5.8(d) of the Child Care Act of 1969 [ 225 ILCS 10 ].