Physical Plant, Space, Supplies and Equipment

PURPOSE: This rule sets forth the requirements for the physical plant, indoor and outdoor space, supplies and equipment for license-exempt child care facilities. (1) The premises of all facilities shall be safe and suitable for the care of children. (A) Children shall have no access to areas not approved for child care. (B) Porches, decks, stairwells or other areas in approved child care space shall have protective handrails and guardrails if there is a drop-off of more than twenty-four inches (24") from which children might fall and be injured. Guardrails shall be at least thirty-six inches (36") high, and shall have bars placed at intervals of no more than three and onehalf inches (3 1/2"), or have protective material to prevent a three and one-half inch (3 1/2") sphere from passing through the bars. (C) Approved safety gates at stairways and doors shall be provided as needed. (D) Hazardous materials such as cleaning supplies, poisonous materials, medicines, alcoholic beverages or hazardous personal care items shall be inaccessible to children and stored to prevent cross-contamination of food and food-related materials. (E) Ammunition, guns, hunting knives, bows and arrows, or other weapons shall not be on the premises unless stored in a locked cabinet or closet. (F) Walls, ceilings, floors and equipment shall be finished with materials that can be cleaned easily and shall be free of splinters, cracks and chipped paint. Floor covering shall be in good condition. The facility shall be free of all lead hazards and asbestos that is friable or dangerous. (2) Indoor space requirements shall include: (A) Adequate artificial or natural lighting throughout each room used for child care; (B) Room temperatures that are no less than sixty-eight degrees Fahrenheit (68°F) and no more than eighty-five degrees Fahrenheit (85°F) measured two feet (2') from the floor; (C) A telephone in working order available for incoming and outgoing calls; (D) Police, fire department, poison control, ambulance and other emergency numbers posted near the telephone; (E) At least thirty-five (35) square feet of usable floor space for each preschool and school-age child, and at least forty-five (45) square feet of usable floor space for each infant/toddler. 1. Floor space shall be measured wallto-wall from the inside walls of areas used for children’s activities. 2. Floor space shall not include kitchens, bathrooms, closets, staff lounges, office space, hallways used exclusively as passageways and floor space occupied by furniture or shelving not used for children or their activities. 3. In a facility located in an owner’s permanent residence, the area used for child care, including play space and bathrooms, shall be separate from the family living quarters unless the facility is providing care for ten (10) or fewer children; and (F) Facilities providing infant and toddler care shall meet the following requirements: 1. The floor shall be covered with material that can be cleaned. Carpets or rugs shall be spot-cleaned when soiled. They shall be sanitized with an approved sanitizer when contaminated with body fluids; 2. A facility with a capacity of more than twenty (20) children or more than four (4) infants and toddlers shall have infant and toddler space separate from the older children. The space shall be separated by floorto-ceiling walls with separate play, sleeping and bathroom space; 3. No more than twenty-four (24) infants/toddlers shall be in a single room. A room is an area separated from other parts of the building by floor to ceiling walls. Stable partitions, a minimum of four feet (4') in height, shall be used to separate the infant/toddler and two (2)-year old groups within a room; and 4. No more than eight (8) infant/toddlers or sixteen (16) two (2) year olds shall be in a group. (3) General requirements for bathrooms shall include: (A) One (1) flush toilet and one (1) adjacent handwashing facility with running water available for every twenty (20) children. Urinals may be substituted for up to one-half (1/2) the required number of toilets, with a minimum of one (1) toilet per bathroom; (B) Water temperatures at handwashing facilities accessible to children shall not exceed one hundred twenty degrees Fahrenheit (120°F); (C) Locks or latches shall not be used on bathroom or bathroom stall doors used by children below the first grade; (D) If a facility provides care for more than fifty (50) children, a separate bathroom or bathroom stall shall be available for caregivers; (E) When a facility offers care for more than twenty (20) children, including schoolage children in first grade or above, bathrooms shall be provided as follows: 1. Separate girls’ and boys’ bathrooms; or 2. If twenty (20) or fewer school-age children are in care, one (1) bathroom may be designated for school-age children only; and (F) For infants, toddlers and children not toilet trained, one (1) flush toilet and one (1) adjacent handwashing facility with running water shall be available for every twenty-four (24) children in an infant/toddler unit. One (1) potty chair, junior commode or toilet with an adapter seat shall be provided for every four (4) children being toilet trained. (4) Outdoor space requirements shall include: (A) An outdoor play area available on or adjoining the child care property. Facilities with a capacity of more than ten (10) children shall have a fenced play area. Play areas in facilities with a capacity of ten (10) or fewer children shall be fenced when necessary for the protection of children from traffic, water or other hazards. Fences shall be at least forty-two inches (42") high. Openings in fences shall be no greater than three and onehalf inches (3 1/2"); (B) A minimum of seventy-five (75) square feet per child of outdoor play area. A sufficient area shall be available to accommodate one-third (1/3) the capacity of the facility at one (1) time with a minimum of seven hundred fifty (750) square feet; (C) The play area shall be safe for children’s activities. It shall be well-maintained and free of hazards such as poisonous plants, broken glass, barbed wire, open wells, rocks and other debris, and shall have good drainage; (D) The fall-zone area under and around outdoor equipment over twenty-four inches (24") high covered with impact-absorbing materials that will effectively cushion the fall of a child. Materials may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material; (E) Outdoor play space for infants and toddlers separate from that used for older children, or the same space used at different times. This does not apply to facilities caring for a maximum of twenty (20) children, including no more than four (4) infant/toddlers; (F) Swimming and wading pools used by children that are constructed, maintained and used in a manner that protects the health and safety of children. 1. Swimming and wading pools shall be enclosed by a fence at least forty-two inches (42") high with a locked gate. 2. Swimming and wading pools shall have a water filtration system. The water shall be treated, cleaned and maintained in a manner approved by a state or local health authority; (G) Outdoor equipment shall be safely constructed, in good condition, and free of sharp, loose or pointed parts. Stationary equipment such as swings, slides and climbers shall be anchored securely; and (H) Any part of outdoor equipment from which children might fall shall not exceed six feet (6') in height. (5) When children are napped on the premises, indoor equipment requirements shall include: (A) An individual mat, cot or bed with an individually assigned sheet and blanket provided for each child who naps or sleeps. Upper levels of bunk beds shall not be used. If mats are used they shall have nonabsorbent, cleanable coverings and shall not be placed directly on concrete, linoleum, hardwood, or tile floors when children are resting or napping. They shall be used only over carpeting and shall be long enough so the child’s head or feet do not rest off the mat. Mats shall be washed and sanitized at least weekly, or more often as needed, and shall be cleaned and sanitized before use by another child; (B) Clean bedding with sheets laundered at least once a week or when soiled. Once bedding has been used by a child, it shall not be used by another child until it is laundered; (C) Sleeping equipment arranged to provide at least a two foot (2') aisle on one (1) long side of the equipment; and (D) An individually assigned crib, portable crib or playpen for each infant. Stack cribs shall not be used. Cots or mats may be used for napping for toddlers twelve (12) months and older with parental consent. Infants shall not use mats for napping. 1. Cribs and playpens shall have side and end rail spokes not more than two and three-eighths inches (2 3/8") apart. 2. The crib mattress or playpen pad shall be sized correctly to the crib or playpen. The pad shall be in good condition, waterproof, clean and dry. Sheets and covers shall be changed when soiled or wet. (6) Individual seating and table space shall be available for children twelve (12) months of age and older. (A) Facilities shall have one (1) piece of mealtime feeding equipment for every four (4) infants/toddlers. (B) Equipment shall allow children to sit comfortably and securely while being fed. Appropriate restraints shall be used and infants shall not be left unattended. (C) Walkers shall not be used. (7) Indoor play equipment and materials shall be provided and shall be clean and in good condition with all parts intact. Infants and toddlers shall have safe toys. Toys, parts of toys or other materials small enough to be swallowed shall not be used. AUTHORITY: sections 210.221.1(3) and 210.252.5, RSMo Supp. 1999.* This rule was previously filed as 19 CSR 40-60.100. Original rule filed Dec. 1, 1994, effective July 30, 1995. Changed to 19 CSR 30-60.100 July 30, 1998. Emergency amendment filed March 1, 2000, effective March 11, 2000, expired Sept. 6, 2000. Amended: Filed March 1, 2000, effective Aug. 30, 2000. Moved to 5 CSR 25-300.090, effective Aug. 30, 2021. *Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999; 210.252, RSMo 1993, amended 1999..