New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.22 - HEALTH AND SAFETY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A caregiver will
				maintain the home, grounds and equipment in safe condition. The home and
				grounds must be clean and free of debris or other potentially dangerous
				hazards. All equipment must be in good repair.
B. All electrical outlets within reach of
				children will have safety outlets or have protective covers.
C. A caregiver will not use multiple plugs or
				gang plugs unless surge protection devices are used.
D. A caregiver will keep the temperature of
				inside areas used by children at no less than 68 degrees Fahrenheit and no more
				than 82 degrees Fahrenheit. A home may use portable fans if the fans are
				secured and inaccessible to children and do not present any tripping, safety or
				fire hazard.
E. The home must be
				adequately ventilated at all times.
F. A home will not use un-vented heaters or
				open flame heaters. Portable heaters will be used in accordance with
				manufacture instructions. A home will install barriers or take other steps to
				ensure heating units are inaccessible to children. Heating units include hot
				water pipes, infrared heaters, ceramic heaters, hot water baseboard heaters
				hotter than 110 degrees Fahrenheit, fireplaces, fireplace inserts and wood
				stoves.
G. All homes will have hot
				and cold running water. Water coming from a faucet will be below 110 degrees
				Fahrenheit in all areas accessible to children. A home may install a water
				tempering control valve ahead of all domestic water-heater piping.
H. A caregiver must provide safe playing
				areas inside and outside the home. A caregiver's inside and outside play areas
				must be safe, clean and free of any debris.
I. A caregiver's outside play area must be on
				the premises and approved by the registered authority. The caregiver will fence
				the outside play area when determined to be necessary for safety by the
				registered authority. The fence must be at least four feet high and will have
				one latched gate for emergency exits. For apartment buildings or residences
				with no outdoor play areas, a common park/playground can be used for outdoor
				play but will not be inspected or approved by the registered authority. The
				provider will ensure the play area is safe from hazards prior to allowing
				children to play.
J. The use of a
				trampoline is prohibited at any time during the hours of operation or by any
				children receiving care at the registered home.
K. A caregiver will keep all poisons, toxic
				materials, cleaning substances, alcohol, alcoholic beverages, prescriptions and
				over the counter medications, intoxicating substances, sharp and pointed
				objects or any other dangerous materials in a storage area inaccessible to
				children.
L. The primary caregiver
				must have a working telephone in the home and a valid working phone number on
				file with ECECD at all times. Emergency numbers will be posted on any cordless
				or cellular telephones. A cellular telephone is acceptable as the only phone in
				the home. The cellular telephone will remain in the same room, charged and
				accessible to the provider a caregiver at all times.
M. A caregiver will post emergency numbers
				for the police, fire department, ambulance, and poison control center in a
				visible location.
N. A caregiver
				will install at least one working smoke detector and a carbon monoxide detector
				in an appropriate area in the home.
O. A caregiver will unload all guns, such as
				pellet or BB guns, rifles and handguns, lethal and non-lethal weapons and keep
				them in a locked area inaccessible to children. For purposes of this
				regulation, a weapon is (including but not limited to): firearms, tasers and
				stun guns, pepper spray, knives, swords and other items designed or used for
				inflicting bodily harm or physical damage.
P. A caregiver, will prohibit smoking, the
				use of e-cigarettes/vaporizers and the drinking of alcoholic beverages in all
				areas, including vehicles, when children are present. Possessing or knowingly
				permitting illegal drugs, paraphernalia, or non-prescription controlled
				substances to be possessed or sold on the premises at any time regardless of
				whether children are present is prohibited.
Q. A home will have a fully - charged
				2A-10B:C fire extinguisher in an easily accessible place. A fire extinguisher
				must be certified once a year and will have official tags noting the date of
				inspection.
R. A caregiver will
				store combustible and flammable materials in a safe area away from water heater
				rooms, furnace rooms, heaters, fireplaces or laundry rooms.
S. In case of a fire, the caregiver's first
				responsibility is to evacuate the children to safety. An up to date emergency
				evacuation and disaster preparedness plan must be available by the caregiver,
				which shall include steps for evacuation, relocation, shelter-in-place,
				lock-down, communication, reunification with parents, individual plans for
				children with special needs and children with chronic medical conditions,
				accommodations of infants and toddlers, and continuity of operations. The plans
				shall be approved annually by the registered authority and the department will
				provide guidance on developing these plans.
T. Caregiver's will conduct at least one fire
				drill each month and an emergency preparedness practice drill at least
				quarterly beginning January of each calendar year. A caregiver will hold the
				drills at different times of the day and will keep a record of the drills with
				the date, time, number of adults and children participating, and any
				problems.
U. A home will have two
				major exits readily accessible to children with no obstructions in the pathways
				of these exits.
V. Toys and objects
				(including high chairs, playpens and cribs) are safe, durable, easy to clean
				and nontoxic. Toys will be disinfected, at a minimum of, once per week.
				Frequency of disinfection of toys must be increased in the event of a
				communicable disease, following appropriate guidance.
W. Cribs will meet federal standards (CPSC 16
				CFR1219,1220), be kept in good repair, and not be used for storage. A home will
				not use plastic bags or lightweight plastic sheeting to cover a mattress and
				will not use pillows in cribs. Animals and pets will not be allowed in cribs or
				on sleeping materials.
X. Children
				will not use a common towel or wash cloth. All toilet rooms used by children
				will have toilet paper, soap and disposable towels.
Y. The home will have a first aid kit stored
				in a convenient place inaccessible to children, but easily accessible by
				caregiver. The kit will contain at least band-aids, gauze pads, adhesive tape,
				scissors, soap, non-porous latex gloves, and a thermometer.
Z. A caregiver with pets will comply with the
				following requirements:
(1) A home will inform
				parents or guardians in writing before pets are allowed at the
				residence.
(2) A home will
				inoculate any pets as prescribed by a veterinarian and keep a record of proof
				of inoculation prior to the pet's presence at the residence.
(3) A home will not allow on the premises
				pets or other animals that are undomesticated, dangerous, contagious, or
				vicious in nature.
(4) Areas of
				confinement, such as cages and pens, and outdoor areas are cleaned of excrement
				daily.
(5) A caregiver must be
				physically present during the handling of all pets or other animals