.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;

(2) Easily accessible to the children; and

(3) Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.

C. An operator which holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before July 1, 1991, and is still in effect may receive a variance from the requirements of §B of this regulation if the office determines that:

(1) The requirements can be met only with substantial physical modifications to the center; and

(2) Sanitary facilities are accessible to every child in the center.

D. In each toilet facility accessible to a school age child, the operator shall provide at least one toilet in an enclosed stall or other space affording privacy to the child.

E. In a small center approved for mixed age groups, only one toilet and sink are required.

F. A center licensed for the first time shall provide at least one toilet facility restricted to use by adults that is equipped with a toilet, sink, and toilet supplies, except that this requirement does not apply to:

(1) Small centers; or

(2) Programs that operate 2-1/2 hours or less per session per day.

G. Each toilet room shall have:

(1) A floor with a water-resistant, nonabsorbent finish;

(2) Smoothly finished walls with a hard surface; and

(3) Approved and functioning natural or mechanical ventilation.

H. Portable toilets, also known as potty-chairs, may not be used in a child care center.

I. Each toilet room shall contain individual paper towels, a trash receptacle, soap, and toilet paper.

J. All sanitary supplies in a toilet room shall be available within reach of a child capable of using the toilet unassisted.

K. Toiletry and grooming articles, drinking cups, towels, face cloths, brushes, and combs may not be shared.