Chapter 05. Physical Plant and Equipment

An operator shall provide a building for a child care facility that is:

Except as set forth in §C of this regulation, the operator shall ensure that the child care facility 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 facility for school age children that 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 facility if it exceeds requirements imposed by the county or the local board of education with respect to the school building.

In a nursery school that holds 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, a minimum of 30 square feet of floor space shall be provided for each child.

In a nursery school or child care program granted a letter of compliance after December 1, 1971, a minimum of 35 square feet of floor space shall be provided for each child.

The office may not approve a capacity increase for a child care program or a nursery school currently approved, and wishing to maintain approval, to operate with less than 35 square feet per child.

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

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

If the child care facility is a pre-1978 residential rental property, which is an affected property as defined by the 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 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 pursuant to 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 or exterior areas 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 facility 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 every 15 children in care, 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 §A 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 facility approved for mixed age groups, only one toilet and sink are required.

A facility 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 facility.

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 facility to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the facility.

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 individuals entering and leaving the facility when it is dark outside.

There shall be at least one operable telephone in the facility that is freely and readily available to all facility staff during the approved hours of operation.

In a facility 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.

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

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

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 child care facility shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the facility that provides adequate usable activity space for the approved capacity of the facility.

A facility for which a notice of intent, filed pursuant to COMAR 13A.17.02.02A(1), 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 activity 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.