North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter A - SANITATION › Section .2800 - SANITATION OF CHILD CARE CENTERS › Section 18A .2816 - LEAD POISONING HAZARDS IN CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  child care centers, areas accessible to children shall be free of identified
				  lead poisoning hazards as defined under
				  G.S.
				  130A-131.7(7).
(b) The following actions shall be taken to
				  ensure that drinking water in child care centers is free of identified lead
				  poisoning hazards as defined under
				  G.S.
				  130A-131.7(7)(g).
(1) Child care operators, as defined under
				  G.S.
				  110-86(7), shall test, once
				  every three years, all water outlets used for drinking or food preparation.
				  Samples shall also be collected and tested within 30 calendar days of
				  completion of any renovations or repairs that may impact the facility's
				  drinking water infrastructure, such as repair or replacement of all or part of
				  drinking water service lines or faucets, at impacted outlets. The operator
				  shall provide documentation of testing results for review by the Department
				  during each unannounced routine sanitation inspection under Rule .2834(b) of
				  this Section.
(2) For child care
				  centers that submit an application for licensure in accordance with
				  10A NCAC
				  09 .0302 after the effective date of this
				  Rule, initial samples shall be collected by the child care operator and tested
				  in accordance with Subparagraph (b)(4) of this Rule during the license
				  application process.
(3) For all
				  other centers, initial samples shall be collected by the child care operator
				  and tested in accordance with Subparagraph (b)(4) of this Rule within one year
				  of the effective date of this Rule.
(4) The child care operator shall collect
				  samples and submit them for testing in accordance with guidance specified by
				  the United States Environmental Protection Agency in its publication, 3Ts for
				  Reducing Lead in Drinking Water in Schools and Child Care Facilities, which is
				  incorporated by reference with subsequent changes or amendments and available
				  free of charge at
https://www.epa.gov/ground-water-and-drinking-water/3ts-reducing-lead-drinking-water
.
				  Notwithstanding the guidance, samples may be collected with a stagnation period
				  of up to 72 hours. Samples shall be analyzed by a laboratory certified by the
				  North Carolina State Laboratory of Public Health to analyze for lead in
				  drinking water.
(5) When a water
				  sample is analyzed for lead content by a laboratory under this Rule, the
				  laboratory shall notify the Department of the test results by electronic
				  submission in accordance with
				  G.S.
				  130A-131.8.
(6) When a child care center receives test
				  results from a laboratory indicating that a water sample collected by the child
				  care operator contains a lead concentration at or above the lead poisoning
				  hazard level defined in
				  G.S.
				  130A-131.7(7)(g), the child
				  care operator shall:
(A) restrict access to
				  any water outlet(s) used for drinking or food preparation that have lead
				  concentrations at or above the lead poisoning hazard level; and
(B) ensure that all children and staff have
				  access to water free of cost that does not contain lead concentrations at or
				  above the lead poisoning hazard level for drinking and food
				  preparation.
(7) When
				  notified of a water lead level at or above the lead poisoning hazard level, the
				  Department shall conduct sampling at the water outlet identified to have a
				  water lead level at or above the lead poisoning hazard level within 10 business
				  days of notification.
(8) If a
				  water sample collected by the Department reveals a water lead level at or above
				  the lead poisoning hazard level, the child care operator shall continue to
				  follow Subparagraph (b)(6) of this Rule until the Department determines the
				  water outlet(s) are not producing water lead levels at or above the lead
				  poisoning hazard level and notifies the child care operator and the Division of
				  Child Development and Early Education in writing of this
				  determination.
(9) Failure to
				  comply with Paragraph (a) of this Rule or any Subparagraph of this Paragraph,
				  shall be deemed a violation of this Rule subject to demerits under Rule
				  .2834(c)(20) of this Section.
(10)
				  Within five business days of receiving the test results of the Department's
				  water analysis that shows a water lead level at or above the lead poisoning
				  hazard level, the child care center operator shall provide written notification
				  of the test results to the parents or legal guardians of the children attending
				  the child care center and the staff of the child care center, in accordance
				  with the United States Environmental Protection Agency guidance specified in
				  Subparagraph (b)(4) of this Rule.
(11) Within five business days of receiving
				  the test results of the Department's water analysis that shows a water lead
				  level at or above the lead poisoning hazard level, the child care center
				  operator shall make the test results available to the public, free of charge.
				  The child care center operator may post test results to the child care center's
				  website to satisfy the requirement to make the test results available to the
				  public.