North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1719 - REQUIREMENTS FOR A SAFE INDOOR/OUTDOOR ENVIRONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The operator of a family child care home (operator) shall provide a physically
				safe and healthy indoor and outdoor environment that meets the developmental
				needs of children in care, including but not limited to the following:
(1) keep all areas used by the children, both
				indoors and outdoors, clean and orderly and free of items that are potentially
				hazardous to children. Potentially hazardous items including but not limited
				to, power tools, nails, chemicals, propane stoves, lawn mowers, and gasoline or
				kerosene whether or not intended for use by children, shall be stored in locked
				areas, removed from the premises, or otherwise inaccessible to children. This
				includes the removal of items that a child can swallow. In addition, loose
				nails or screws and splinters shall be removed on inside and outside
				equipment;
(2) empty firearms of
				ammunition and keep both in separate, locked storage;
(3) keep all materials used for starting
				fires, such as matches, lighters, and accelerants in locked storage;
(4) store all combustible materials that may
				create a fire hazard according to the instructions on the product
				label;
(5) medications including
				prescription and non-prescription items shall be stored in a locked cabinet or
				other locked container. Designated emergency medications shall be stored out of
				reach of children at least five feet high, but are not required to be in locked
				storage. For purposes of this Rule, designated emergency medications are those
				that are used or needed for the immediate recovery from a life-threatening
				event and include Glucagon, epinephrine auto-injector, diazepam rectal
				installation and albuterol;
(6)
				keep hazardous cleaning supplies and other items that might be poisonous, e.g.,
				toxic plants, out of reach or in locked storage when children are in care; A
				list of toxic plants may be found on the Division's website at
https://ncchildcare.ncdhhs.gov/pdf_forms.form16b_bb.pdf
;
(7) keep all corrosive agents, pesticides,
				bleaches, detergents, cleansers, polishes, any product that is under pressure
				in an aerosol dispenser, and any substance which may be hazardous to a child if
				ingested, inhaled, or handled shall be kept in its original container or in
				another labeled container, used according to the manufacturer's instructions,
				and stored in a locked area when not in use. Locked areas shall include those
				that are unlocked with a combination, electronic, or magnetic device, key, or
				equivalent locking device. These unlocking devices shall be kept out of the
				reach of a child and shall not be stored in the lock. Toxic substances shall be
				stored below or separate from medications and food. Any product not listed in
				this Paragraph that is labeled "keep out of reach of children" without any
				other warnings shall be kept inaccessible to children when not in use, but is
				not required to be kept in locked storage. The product shall be considered
				inaccessible to children when stored on a shelf or in an unlocked cabinet that
				is mounted a minimum vertical distance of five feet above the finished
				floor;
(8) ensure potential
				biocontaminants are stored in locked areas, or removed from the premises or
				otherwise inaccessible to children, or disposed of in a covered, plastic-lined
				receptacle;
(9) keep First Aid
				supplies in a place accessible to the operator;
(10) keep tobacco products in locked storage
				when children are in care. Children shall be in a smoke free and tobacco free
				environment. The operator and staff shall not smoke or use any product
				containing, made or derived from tobacco, including cigarettes, e-cigarettes,
				cigars, little cigars, smokeless tobacco, and any device used to inhale or
				ingest tobacco products at any time during operating hours on the premises of
				the family child care home, on vehicles used to transport children, or during
				any off premise activities;
(11)
				notify the parent of each child enrolled in the facility, in writing, of the
				smoking and tobacco restriction;
(12) have a working telephone within the
				family child care home. A telephone located in an area of the family child care
				home that is sometimes locked during the time the children are present shall
				not be the only phone available during operating hours. Telephone numbers for
				the fire department, law enforcement office, emergency medical service, and
				poison control center shall be posted in a location visible in the
				home;
(13) have access to a means
				of transportation that is available for emergency situations;
(14) have a First Aid information sheet
				posted in a place for quick referral by staff members. The information sheet
				shall include First Aid guidance regarding burns, scalds, fractures, sprains,
				head injuries, poisons, skin wounds, stings and bites. A child care operator
				may request a First Aid information sheet from the North Carolina Child Care
				Health and Safety Resource Center at 1-800-367-2229;
(15) conduct a monthly fire drill;
(16) conduct a "shelter-in-place drill" or
				"lockdown drill" as defined in
				10A NCAC
				09.0102 every three months and records shall
				be maintained as required by
				10A NCAC
				09.1721(e)(7);
(17) check the indoor and outdoor environment
				daily for debris, vandalism, broken equipment and animal waste. The operator
				shall keep all areas used by the children, indoors and outdoors, clean and
				orderly and free of items which are potentially hazardous to children. This
				includes the removal of items that a child can swallow and use of outdoor play
				equipment that is too hot to touch. In addition, loose nails or screws and
				splinters shall be removed on inside and outside equipment;
(18) not have plastic bags, toys, and toy
				parts small enough to be swallowed accessible to children under three years of
				age. This includes materials that can be easily torn apart such as foam rubber
				and Styrofoam, except that Styrofoam plates may be used for food service and
				larger pieces of foam rubber may be used for supervised art
				activities;
(19) ensure that jump
				ropes and rubber bands are not accessible to children under five years of age
				without adult supervision. Balloons shall be prohibited for children of all
				ages;
(20) teacher-made and
				home-made equipment and materials may be used if they are safe and functional.
				Materials and equipment that are accessible to children shall not be coated or
				treated with, nor shall they contain, toxic materials such as creosote,
				pentacholorphenol, tributyl tin oxide, dislodgeable arsenic and any finishes
				which contain pesticides;
(21)
				ensure the equipment and toys are in good repair and are developmentally
				appropriate for the children in care;
(22) ensure that all stationary outdoor
				equipment is anchored and is not installed over concrete or asphalt. Footings
				that anchor the equipment shall not be exposed;
(23) ensure that any openings in equipment,
				steps, decks, and handrails shall be smaller than 3½ inches or greater
				than 9 inches to prevent entrapment;
(24) ensure that all commercially
				manufactured equipment and furnishings shall be assembled and installed
				according to procedures specified by the manufacturer;
(25) ensure that a shaded area is available
				to children in the outdoor learning environment. The shade may be provided by a
				building, awnings, trees, or other methods;
(26) mount electric fans out of the reach of
				children or have a mesh guard on each fan;
(27) cover all electrical outlets not in use
				and remove cracked, or frayed cords in occupied outlets;
(28) ensure that, for appliances with heating
				elements, such as bottle warmers, crock pots, irons, coffee pots, or curling
				irons, neither the appliance nor any cord, is accessible to children;
(29) indoor and outdoor stairs with more than
				two steps that are used by the children shall be railed. Indoor stairs with
				more than two steps shall be made inaccessible to children in care who are two
				years old or younger; and