Chapter 05. Physical Plant and Equipment

An operator shall provide a building for a center that is:

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, electrical, sewage disposal, drinking water, environment, health, and fire.

A child care center for school age children which is located in a school building and operates before and after school hours is not required to comply with any regulation under this subtitle that relates to the physical plant of the center if the regulation exceeds requirements imposed by the county or the local board of education with respect to the school building.

A minimum of 35 square feet of floor space shall be provided for each child in care, except that:

In calculating the square footage of floor space provided for each child, the following may not be included:

In centers that care for infants or toddlers:

In a center located in a residence, the space for children may include space within the family living area.

A center operator may not use paint with lead content on any:

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.

If the facility was constructed before 1978 and is not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the operator shall:

In a facility constructed before 1978 and not certified lead free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing renovation which disturbs the painted surface of an interior or exterior area used for child care, the operator 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.

Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;

Is free of moisture and dampness; and

Has a temperature at floor level of not less than 65° F.

The center shall have hot and cold running water, with hot water temperature not exceeding 120° F.

For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:

Drinking water shall be supplied by:

During meals and snacks, water may be served family-style from a pitcher if the water is poured into the pitcher directly from one of the supply sources listed at §C of this regulation.

For each group of infants or toddlers in a room, there shall be an approved diapering area with a sink that:

For every 15 children who are 2 years old or older, an operator shall provide one toilet and one sink that are:

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:

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.

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

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:

Each toilet room shall have:

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

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

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

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

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.

An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.

In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting that will operate in case of a power failure.

An operator shall provide adequate outdoor lighting to ensure the safety of persons entering and leaving the center when it is dark outside.

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.

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.

In each room where care is provided to infants or toddlers, there shall be an operable telephone.

The operator shall provide additional telephones or extensions in the center as may be required to:

The entire center, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.

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.

Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of the daily activity program.

Disposal of Refuse.

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.

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:

Usable play space may include only the area and the activity equipment approved for use by children in care.

The activity area shall be free from potential hazards to child health or safety.

All outdoor activity equipment shall be safe, in good repair, clean, and nontoxic.

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:

Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.

An above-ground swimming pool:

A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.