North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter A - SANITATION › Section .2800 - SANITATION OF CHILD CARE CENTERS › Section 18A .2834 - COMPLIANCE, INSPECTIONS AND REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of a request from a child care center operator or the licensing agency,
				  a sanitation inspection shall be conducted of that child care center by the
				  local health department that serves the county in which the child care center
				  is located within 30 calendar days of receipt of the request.
(b) Unannounced inspections of a child care
				  center shall be made by the Department at least once each six-month period. An
				  original and two copies of the form used to document the inspection shall be
				  completed by the Department. The original shall be submitted by the Department
				  to the licensing agency and the child care center operator and the Department
				  shall each retain a copy.
(c) The
				  Department shall inspect each child care program that has been designated as a
				  child care center by the licensing agency. Demerits taken during the sanitation
				  inspection shall be assigned for violations of the rules of this Section as
				  follows:
(1) violation of Rules .2803(a)-(d)
				  or .2836(15) of this Section related to handwashing when required shall be
				  assessed five demerits;
(2)
				  violation of Rule .2803(e) of this Section related to proper handwashing
				  procedures shall be assessed five demerits;
(3) violation of Rule .2804 of this Section
				  related to food that is not from an approved source or that is from approved
				  sources that is a hazard or is adulterated shall be assessed six
				  demerits;
(4) violation of Rules
				  .2804, .2806, or .2807 of this Section related to potentially hazardous food
				  that does not meet temperature storage and holding requirements and
				  requirements regarding the refrigeration of bottles and lunches at 45 degrees
				  Fahrenheit or below shall be assessed six demerits;
(5) violation of Rules .2804, .2806, .2807,
				  .2808, or .2836 of this Section related to food being properly stored, thawed,
				  prepared, cooked, cooled, handled, served, transported, packaged, and
				  identified, and only permitting supervised children in the kitchen shall be
				  assessed five demerits;
(6)
				  violation of Rule .2808(c) of this Section related to food not re-served shall
				  be assessed three demerits;
(7)
				  violation of Rule .2806 or .2807 of this Section related to the use of food
				  thermometers and food thermometer accuracy shall be assessed two
				  demerits;
(8) violation of Rules
				  .2809 or .2810 of this Section related to food service equipment and utensils
				  and specifications for refrigeration, sinks, lavatories, and dishwashing
				  equipment shall be assessed six demerits;
(9) violation of Rules .2806, .2809, or .2810
				  of this Section related to food service equipment and utensils meeting approved
				  material, and construction specifications for equipment and utensils, other
				  than equipment described in Subparagraph (c)(8) of this Rule, shall be assessed
				  four demerits;
(10) violation of
				  Rules .2809 or .2812 of this Section related to food-contact surfaces being
				  properly washed, rinsed, sanitized, and air dried and single-service articles
				  not being re-used shall be assessed five demerits;
(11) violation of Rule .2812 of this Section
				  related to a sanitizing solution being provided and a test kit being available
				  shall be assessed two demerits;
(12) violation of Rule .2809, .2810, or .2812
				  of this Section related to keeping equipment and non-food-contact surfaces
				  clean and in good repair shall be assessed four demerits;
(13) violation of Rule .2814 of this Section
				  related to proper storage and handling of clean equipment, utensils, and
				  single-service articles shall be assessed three demerits;
(14) violation of Rule .2815 of this Section
				  related to water supply and drinking water facilities and documentation that
				  water supplies and facilities satisfy the applicable regulatory requirements
				  shall be assessed six demerits;
(15) violation of Rule .2815 of this Section
				  related to hot water supplied and maintained in the kitchen shall be assessed
				  six demerits;
(16) violation of
				  Rule .2815 of this Section related to hot water supplied and tempered water
				  maintained as required in all other areas shall be assessed four
				  demerits;
(17) violation of Rule
				  .2815(e) of this Section related to hot water in excess of 120 degrees
				  Fahrenheit not allowed in areas accessible to children shall be assessed six
				  demerits;
(18) violation of Rule
				  .2815(c) of this Section related to backflow prevention and cross connections
				  shall be assessed three demerits;
(19) violation of Rules .2815(c) or .2836 of
				  this Section related to drinking fountain construction and location, water
				  pressure regulation, and drinking fountains being kept clean shall be assessed
				  two demerits;
(20) violation of
				  Rule .2816 of this Section related to identified lead poisoning hazards shall
				  be assessed six demerits;
(21)
				  violation of Rules .2817, .2818, or .2836 of this Section related to toilet and
				  lavatory facilities being properly sized, located, accessible, and in good
				  repair, and sinks, toilets, and potty chairs being cleaned and disinfected
				  shall be assessed four demerits;
(22) violation of Rules .2817 or .2818 of
				  this Section related to the provision of soap, disposable towels, hand drying
				  devices, and toilet tissue paper shall be assessed three demerits;
(23) violation of Rules .2817 or .2818 of
				  this Section related to storage in toilet rooms, lavatories being kept free of
				  storage, and handwash signs being posted shall be assessed two
				  demerits;
(24) violation of Rules
				  .2817, .2819, or .2836 of this Section related to the set-up of diaper changing
				  facilities shall be assessed six demerits;
(25) violation of Rule .2819 of this Section
				  related to diapering surfaces being cleaned and disinfected after each use
				  shall be assessed six demerits;
(26) violation of Rule .2812 or .2819 of this
				  Section related to an approved disinfectant being provided and a test kit being
				  available when required shall be assessed two demerits;
(27) violation of Rules .2818, .2819, or
				  .2820 of this Section related to diaper changing facilities being kept free of
				  storage and in good repair, detergent solutions and approved disinfectants
				  being labeled, required diapering methods being used, and diaper changing and
				  handwash signs being posted shall be assessed four demerits;
(28) violation of Rule .2820(d) and (g) of
				  this Section related to medications being properly stored shall be assessed six
				  demerits;
(29) violation of Rule
				  .2820(b) and (e) of this Section related to hazardous products being properly
				  stored and locked shall be assessed six demerits;
(30) violation of Rule .2820(c) of this
				  Section related to non-hazardous products being properly stored shall be
				  assessed three demerits;
(31)
				  violation of Rule .2820 of this Section related to facilities being provided
				  for proper storage, and storage being kept clean shall be assessed two
				  demerits;
(32) violation of Rules
				  .2821 or .2836 of this Section related to individual linen being provided and
				  adequate beds, cots, or mats being provided, kept in good repair, properly
				  stored, labeled, and spaced during use shall be assessed three
				  demerits;
(33) violation of Rule
				  .2821 of this Section related to linen, wash cloths, bibs, and burping cloths
				  being laundered and kept in good repair shall be assessed three
				  demerits;
(34) violation of Rules
				  .2822 or .2836 of this Section related to toys, equipment, and furniture being
				  kept clean and in good repair and the cleaning, sanitization, and maintenance
				  of water play centers shall be assessed four demerits;
(35) violation of Rules .2822 or .2836 of
				  this Section related to mouth-contact surfaces in rooms designated for children
				  who are not toilet trained being cleaned and sanitized in rooms where children
				  who are not toilet trained are cared for shall be assessed four
				  demerits;
(36) violation of Rules
				  .2807 or .2823 of this Section related child care center employees wearing
				  gloves, clean clothes, and hair restraints where required, and tobacco use
				  shall be assessed two demerits;
(37) violation of Rules .2824, .2825, or
				  .2836 of this Section related to floors, walls and ceilings being kept clean
				  and in good repair and the vacuuming and extraction cleaning of carpets shall
				  be assessed four demerits;
(38)
				  violation of Rule .2826 of this Section related to the lighting and thermal
				  environment and room temperature being kept between 65 degrees Fahrenheit and
				  85 degrees Fahrenheit shall be assessed three demerits;
(39) violation of Rule .2826 of this Section
				  related to lighting and thermal equipment being kept clean and in good repair
				  and being maintained as required shall be assessed two demerits;
(40) violation of Rule .2827(e) of this
				  Section related to persons with a communicable disease or a condition shall be
				  assessed six demerits;
(41)
				  violation of Rules .2827 or .2836 of this Section related to persons caring for
				  mildly sick children or ill children being excluded from situations in which
				  transmission of communicable disease can be expected to occur and proper
				  written procedures being followed for vomiting or diarrheal events shall be
				  assessed four demerits;
(42)
				  violation of Rule .2827 of this Section related to the designated area for sick
				  children maintained as required and written procedures for responding to
				  vomiting or diarrheal events shall be assessed two demerits;
(43) violation of Rule .2829 of this Section
				  related to sewage disposal shall be assessed six demerits;
(44) violation of Rules .2830 or .2836 of
				  this Section related to solid waste being properly handled, solid waste
				  containers and cleaning equipment kept clean, and the provision of adequate
				  solid waste can washing facilities shall be assessed two demerits;
(45) violation of Rule .2831 of this Section
				  related to pesticides being properly used and new installation of CCA
				  pressure-treated wood shall be assessed six demerits;
(46) violation of Rule .2831 of this Section
				  related to CCA pressure-treated wood being sealed and soil being covered or
				  made inaccessible as required shall be assessed two demerits;
(47) violation of Rule .2831 of this Section
				  related to animals in food preparation areas and restrictions on unrestrained
				  or prohibited animals shall be assessed three demerits;
(48) violation of Rules .2831 or .2832 of
				  this Section related to pest control and the child care center premises being
				  free of conditions that harbor or attract pests shall be assessed three
				  demerits;
(49) violation of Rule
				  .2832 of this Section related to outdoor premises being kept clean and free of
				  standing water and wells, grease traps, cisterns, and other utility equipment
				  being kept inaccessible to children, outdoor equipment and toys being kept
				  clean and in good repair, sandboxes being properly constructed and kept clean,
				  and adherence to air quality forecast outdoor activity restrictions shall be
				  assessed two demerits; and
(50)
				  violation of Rule .2833 of this Section related to swimming and wading pools
				  being designed, constructed, operated, and maintained in accordance with the
				  rules at Section .2500 of this Subchapter shall be assessed six
				  demerits.