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13a.16.05.00.htm 13A.16.05.00. Title 13A STATE BOARD OF EDUCATION Subtitle 16 CHILD CARE CENTERS Chapter 05 Physical Plant and Equipment Authority: Education Article, §9.5-401, 9.5-404―9.5-411, and 9.5-413―9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland Agency Note: Federal Statutory Reference ― Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq. Pro-Children Act of 1994 (20 U.S.C. §6081 et seq. Child Care Development Block Grant (4
13a.16.05.01.htm 13A.16.05.01. 01 Building Safety.. A. An operator shall provide a building for a center that is:. 1) Maintained in good repair;. 2) Free from health and safety hazards as identified by the office; and. 3) Clean and free from infestation of insects and rodents.. B. Except as set forth in §C of this regulation, the operator shall ensure that the child care center complies with all applicable State and local codes, including but not limited to zoning, building, plumbing, gas, electrica
13a.16.05.02.htm 13A.16.05.02. 02 Accessibility.. The operator shall ensure that an access road on center property permits passage by emergency vehicles during times when children are in care.
13a.16.05.03.htm 13A.16.05.03. 03 Indoor Space.. A. A minimum of 35 square feet of floor space shall be provided for each child in care, except that:. 1) A minimum of 30 square feet of floor space shall be provided for each child in a:. a) Child care center licensed before December 1, 1971; or. b) Nursery school holding a certificate of approval to operate or a letter of exemption from approval that was issued by the State Board of Education before December 1, 1971, and is still in effect; and
13a.16.05.04.htm 13A.16.05.04. 04 Building Repair and Maintenance.. Building maintenance, repair, or renovation activity may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.
13a.16.05.05.htm 13A.16.05.05. 05 Lead-Safe Environment.. A. A center operator may not use paint with lead content on any:. 1) Exterior or interior surface of the facility; or. 2) Material or equipment used for child care purposes.. B. If the child care center is a residential rental property constructed before 1978, which is an affected property as defined by Environment Article, §6-801(b) Annotated Code of Maryland, the operator shall submit a copy of the current lead risk reduction or lead free certificate.
13a.16.05.06.htm 13A.16.05.06. 06 Ventilation and Temperature.. A room may be used for child care only if it:. A. Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;B. Is free of moisture and dampness; and. C. Has a temperature at floor level of not less than 65° F..
13a.16.05.07.htm 13A.16.05.07. 07 Water Supply.. A. The center shall have hot and cold running water, with hot water temperature not exceeding 120° F.B. For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:1) Safely accessible to children 2 years old or older without assistance from an adult; and. 2) Not located in a toilet room or in a sink used for handwashing.. C. Drinking water shall be supplied by:. 1) An angle-jet drinking fountain with mouthguard;.
13a.16.05.08.htm 13A.16.05.08. 08 Sanitary Facilities and Supplies.. A. For each group of infants or toddlers in a room, there shall be an approved diapering area with a sink that:1) Is used only for diapering and toileting purposes; and. 2) Permits continuous observation of, and immediate response to, each child in the group.. B. For every 15 children who are 2 years old or older, an operator shall provide one toilet and one sink that are:1) Maintained in good operating condition and in a sanitary manner;.
13a.16.05.09.htm 13A.16.05.09. 09 Lighting.. A. There shall be sufficient natural and artificial lighting in all approved areas of the center to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the center.B. An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.C. In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting tha
13a.16.05.10.htm 13A.16.05.10. 10 Telephone and Communication.. A. There shall be at least one operable telephone in the center that is freely and readily available to all center staff during the approved hours of operation.B. In a center with more than two rooms approved for child care, a staff member supervising a group of children in one room shall be able to communicate a request for assistance to a staff member in another room while maintaining continuous supervision of the group.
13a.16.05.11.htm 13A.16.05.11. 11 General Cleanliness and Disposal of Refuse.. A. The entire center, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.B. In a center for fewer than 12 children located in a residence, the requirements of §A of this regulation apply only to space approved for child care.C. Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of
13a.16.05.12.htm 13A.16.05.12. 12 Outdoor Activity Area.. A. A center shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the center that provides adequate usable play space for the approved capacity of the center.B. A center for which a notice of intent, filed pursuant to COMAR 13A.16.02.02A(2) is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:
13a.16.05.13.htm 13A.16.05.13. 13 Swimming Facilities.. A. Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.B. An above-ground swimming pool:. 1) May not be used for swimming activities; and. 2) Shall be made inaccessible to children in care.. C. A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool..
13a.16.05.9999.htm 13A.16.05.9999. Administrative History Effective date: October 20, 2008 (35:21 Md. R. 1826). Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 618). Regulation .03C, D amended effective July 20, 2015 (42:14 Md. R. 883). Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 14). Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043). Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 14).
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