391 Neb. Admin. Code, ch. 3, § 007

Current through September 17, 2024

Section 391-3-007 - PHYSICAL PLANT STANDARDS

The center must be designed, constructed and maintained in a manner that is safe, clean and functional for child care. The following regulations apply to all areas of the center.

007.01Activity Space:

The center must have space for children's activities, napping, and free play. The activity space must:

1. Have furnishings to accommodate all activities and age-appropriate needs of all children in care;

2. Be available for all children; and

3. Have at least 35 square feet of activity space per child. Bathrooms, kitchen, isolation room, office, passageways, storage, or space occupied by cribs, cots, or built-in cabinets must not be considered when computing activity space.

007.02Plumbing, Water Supply, and Sewer Requirements:

3-007.02APlumbing: The licensee must ensure that:

1. No plumbing fixture or other device that provides a connection between

a drinking water supply and a drainage, soil, waste, or other sewer pipe so as to make possible the backflow of sewage or waste water into the potable water supply system. Water that has been used for cooling or for any other purpose must not be returned to the system; and

2. All plumbing conforms to the local plumbing code. Where no plumbing code is in effect, plumbing must conform to national standards as provided in Neb. Rev. Stat. § 18-1915.

3-007.02BWater Supply: The licensee must ensure the center has and maintains an accessible, adequate, safe, and potable supply of water for drinking, food preparation, and hand washing.

1. If water is obtained from a source other than a public water supply system, the water must not contain contaminants that exceed the maximum contaminant levels set for nitrate, or total coliform for public water supply systems in 179 NAC 2-002, and 179 NAC 3 or the lead action level set in 179 NAC 12. The licensee must report to the Department the results of all tests that show the water contains contaminants that exceed a maximum contaminant or action level.

a. The water supply must be tested annually and the tests results must be available for review upon request.

b. If the water supply does not meet nitrate, total coliform bacteria and lead standards, the licensee must, until the contaminants are lowered to acceptable levels:

(1) Obtain water from a source approved by the Department; or

(2) Purchase water from a commercial source.

2. Drinking water must be provided by sanitary drinking fountains or individual or disposable cups.

a. Drinking fountains must have mouth guards with water issuing under sufficient pressure.

b. Sanitary dispensing and disposal units must be provided for paper cups.

3. The licensee must ensure that:

a. Running water under pressure is provided;

b. Each hot water storage tank is provided with a pressure and temperature relief valve;

c. Adequate water heating facilities are provided so that a sufficient amount of hot water for general cleaning as well as washing and sanitizing utensils is available at proper temperatures;

d. Water supply to all hand washing and bathing locations is maintained between a minimum of 100 degrees Fahrenheit and a maximum of 120 degrees Fahrenheit; and

e. Soap is available for hand washing.

3-007.02CSewer Requirements: When a municipal sewage system is not available, the licensee must:

1. Collect, treat, and dispose of sewage and all liquid waste with a sewage system that conforms to local ordinances; or

2. Where local ordinances do not exist, sewage disposal systems must comply with the regulations of the Nebraska Department of Environmental Quality.

007.03Fenced Outdoor Play Area:

When care is provided to children between the ages of six weeks and school-age, the licensee must ensure that a fenced outdoor play area is available. The area must:

1. Directly adjoin the center or have a Department-approved plan as described in 3-007.03B;

2. Accommodate at least 25 percent of the center's licensed capacity at one time;

3. When in use, have at least 50 square feet per child of age-appropriate play space;

4. Have grounds sloped or drained to prevent stagnant water collection;

5. Be kept clean and safe and contain no accident hazards, debris, or stagnant water;

6. Contain no barnyard animals and/or fowl; and

7. Be free of animal waste.

3-007.03A The fence and all toys and equipment within the fenced area must be free of rust and free of sharp and hazardous edges.

3-007.03B When the outdoor play area does not directly join the indoor facility, a Department-approved plan that addresses the following must be on file with the Department:

1. Distance to the play area;

2. Safety and supervision procedures;

3. Type of transportation, if any, needed to get to the outdoor play area;

4. Numbers and ages of children going to the play area; and

5. Frequency of outdoor play available to children in care.

3-007.03COutdoor Play Equipment: The licensee must ensure that:

1. Stationary outdoor equipment such as climbing apparatus, swings, or slides are located away from traffic areas in the outdoor play area;

2. Stationary outdoor equipment is securely anchored, unless designed to be portable; and

3. Swing seats must be made of a pliable material. Seats must not be made of hard plastic, wood, or metal.

3-007.03DPlayground Surfaces: The area under climbing equipment, swings, slides, and other equipment from which children might fall must be of resilient material such as sand, dirt, grass, rubber matting, rubber mulch, wood chips, or small-to-medium size gravel.

007.04Toilets and Sinks:

The center must have sufficient toilets and sinks available for children's use. A minimum of one operable toilet and one operable sink must be available per 15 children two years of age or older. Toilet rooms must be fully enclosed. A sink must be readily available to each toilet and diaper area. Sanitary dispensing and disposal units must be provided for paper towels and must be installed at heights convenient for the children's use. Toilets and sinks must be:

1. Conveniently located;

2. Clean, operable, and in good repair;

3. Designed to accommodate children with special needs, when applicable; and

4. Of suitable height for children or have a safe stepstool.

3-007.04A If a door to the toilet room opens directly from a food service area, the door must be self-closing and tight-fitting.

3-007.04B The licensee must ensure that no adult or child resumes work or play after using the bathroom without first washing his/her hands.

007.05Fire Safety:

The licensee must maintain fire safety approval at all times.

007.06Sanitation:

The licensee must maintain sanitation approval at all times.

391 Neb. Admin. Code, ch. 3, § 007