# COMAR Title 13A — State Board of Education

## Subtitle 15 — Family Child Care

### Chapter 05 — Home Environment and Equipment

**Authority:** Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency 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 (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

**Administrative History:** Effective date: October 20, 2008 (35:21 Md. R. 1826)

**Administrative History:** Regulation .01H amended effective June 24, 2013 (40:12 Md. R. 1043)

**Administrative History:** Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)

**Administrative History:** Regulation .03G adopted as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); adopted permanently effective February 5, 2024 (51:2 Md. R. 76)

**Administrative History:** Regulation .04C adopted effective March 21, 2011 (38:6 Md. R. 396)

**Administrative History:** Regulation .04D adopted effective July 20, 2015 (42:14 Md. R. 882)

**Administrative History:** Regulation .05C adopted effective January 13, 2020 (47:1 Md. R. 12)

**Administrative History:** Regulation .06 amended effective April 29, 2024 (51:8 Md. R. 367)

**Administrative History:** Regulation .06H adopted effective January 13, 2020 (47:1 Md. R. 12)

#### Regulation .01 Suitability of the Home.

*COMAR 13A.15.05.01*

The home shall:

A. Comply with all applicable State and local fire, zoning, health, safety, and environmental codes;

B. Be in good repair;

C. Be free of health or safety hazards, including infestation by insects and rodents;

D. Have operable and safe utility services for lighting, heating, and cooking;

E. Have hot and cold running water, with a hot water temperature that does not exceed 120° F;

F. Have a toilet in good working condition that is readily accessible to children in care;

G. Have an operable refrigerator and stove; and

H. Have an operable telephone.

#### Regulation .02 Lead-Safe Environment.

*COMAR 13A.15.05.02*

A. A provider may not use paint with lead content on any:

  (1) Exterior or interior surface of the home; or

  (2) Material or equipment used for child care purposes.

B. If the home is a residential rental property constructed before 1978, which is an affected property as defined in Environment Article, §6-801(b), Annotated Code of Maryland, the provider shall submit a copy of the current lead risk reduction or lead-free certificate.

C. If the home was constructed before 1978 and not certified lead-free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the provider shall:

  (1) Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the home that is used for child care;

  (2) If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead-dust test:

    (a) Conducted by an accredited visual inspector under COMAR 26.16.02.03B to meet the risk reduction standard, if the home is an affected property; or

    (b) Conducted in areas used for child care by an accredited risk assessor under COMAR 26.16.05.11, if the home is not an affected property; and

  (3) If a lead-dust test is required under §C(2) of this regulation, obtain:

    (a) A passing score on that test; and

    (b) Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.

D. In a home constructed before 1978 that is not certified lead-free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing a renovation that disturbs the painted surface of an interior or exterior area used for child care, the provider shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.

#### Regulation .03 Cleanliness and Sanitation.

*COMAR 13A.15.05.03*

A. All areas of the home, including food preparation, service, and storage areas shall be maintained in a state of cleanliness so as not to endanger the children's health.

B. Paper towels, a trash receptacle, soap, and toilet paper shall be placed within reach of a child capable of using the toilet without assistance.

C. Trash, garbage, and wet or soiled diapers shall be disposed of in a clean and sanitary manner.

D. After toileting and diapering, before food preparation and eating, after playing outdoors, after handling animals, and at other times when necessary to prevent the spread of disease, the provider or substitute shall:

  (1) Wash the provider's or substitute's hands thoroughly with soap and warm running water; and

  (2) Ensure that a child's hands are washed thoroughly, by the provider or by the child, with soap and warm running water.

E. To assist in preventing the spread of disease, the provider or substitute shall:

  (1) Promptly change a child's diaper, clothing, and bedding when soiled or wet;

  (2) Follow diapering procedures designed to prevent the transmission of disease, which are established and supplied by the office; and

  (3) Maintain the surface used for diapering in a clean and sanitary manner.

F. If used, portable toilets, also known as potty-chairs, shall be:

  (1) Placed on a nonabsorbent surface or mat;

  (2) Located away from food preparation, food service, and eating areas; and

  (3) Cleaned and sanitized after each use in accordance with procedures established by the office.

G. Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.

#### Regulation .04 Rooms Used for Care.

*COMAR 13A.15.05.04*

A. The provider may use an area of the home for child care only if it:

  (1) Has been approved for use by the office;

  (2) Meets the requirements of all applicable fire codes;

  (3) Does not have a condition that may pose a risk to the health, safety, or welfare of the children in care;

  (4) Has windows or artificial lighting that provides sufficient illumination for a child's activities;

  (5) Has natural or mechanical ventilation to provide a healthy and comfortable environment;

  (6) Has sufficient floor area for the number and ages of the children approved for care in the home to allow the children to engage in active play without overcrowding; and

  (7) Has a room temperature of not less than 65°F.

B. In rooms where a child younger than 5 years old is in care, the provider shall arrange the home so that:

  (1) All electrical sockets within reach of a child are plugged or capped;

  (2) Suitable protective barriers are placed at locations accessible and potentially hazardous to children; and

  (3) Child-proof devices are placed on cabinets and drawers that contain items potentially hazardous to children.

C. Window Coverings. A window covering installed:

  (1) Before October 1, 2010, may not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or

  (2) On or after October 1, 2010, shall be cordless.

D. In a home approved to provide care for infants or toddlers, the provider shall designate space for mothers to breastfeed or express breast milk that:

  (1) Is not located in a bathroom;

  (2) Has access to an electrical outlet;

  (3) Has appropriate seating;

  (4) Has access to running water; and

  (5) Accommodates a mother’s need for privacy.

#### Regulation .05 Outdoor Activity Area.

*COMAR 13A.15.05.05*

A. There shall be ample, accessible space for outdoor activity that is free from conditions that may be dangerous to the health or safety of children in care.

B. If required by the office, the outdoor activity area shall be enclosed to protect children in care from accessible hazards such as a heavily trafficked area, a body of water, or environmental hazards.

C. Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:

  (1) Fence that surrounds the pool at least 4 feet in height;

  (2) Self-closing and self-latching mechanism on the gate, door, or access to the pool;

  (3) Lock that is operable and secured; and

  (4) Sensor or alarm in the pool and on the access door.

#### Regulation .06 Rest Furnishings.

*COMAR 13A.15.05.06*

A. The home shall have clean linen and adequate furnishings for rest periods that are comfortable, durable, safe, and appropriate for the ages of the children in care.

B. Each child shall have an individual place to rest that is not used by any other child or resident unless the linens are changed between users.

C. The provider shall furnish for each child approved for care in the home who is:

  (1) Younger than 12 months old, a crib, portable crib, or playpen; or

  (2) At least 12 months old and younger than 5 years old, a bed, cot, mat, or sleeping bag, except as provided in §D of this regulation.

D. Upon request by the child's parent, the provider shall furnish a crib, portable crib, or playpen as the resting place of a child who is at least 12 months old and younger than 2 years old.

E. Each crib, portable crib, and playpen that is used for child care shall meet the current standards of the U.S. Consumer Product Safety Commission.

F. Each sleep surface used for a child under 12 months old shall be firm, flat, and non-inclined, unless the need for an incline is specified in writing by the child’s physician or other licensed health care provider.

G. Soft bedding items, including but not limited to pillows, quilts, comforters, and crib bumpers, may not be used as rest furnishings for a child who uses a crib.

H. Each child in overnight care, if provided, shall:

  (1) Sleep in a separate bed or crib that is appropriate to the child's age, size, and needs; and

  (2) Have separate clean linens and toiletries.

I. A child under 12 months who falls asleep in a furnishing other than a crib shall be immediately moved to an approved sleeping arrangement specified at §C(1) of this regulation.