NDAC 75-03-08-14
Minimum requirements of the facility
Cite as N.D. Admin. Code ยง 75-03-08-14
1.
The family child care must contain adequate space, indoors and out, for the daily activities of
the children. Adequate space must include a minimum of thirty-five square feet [3.25 square
meters] of space per child indoors and a minimum of seventy-five square feet [6.97 square
meters] of play space per child outdoors. Indoor space considered must exclude bathrooms,
pantries, passageways leading to outdoor exits, areas occupied by furniture or appliances that
children should not play on or under, and space children are not permitted to occupy.
Providers who provide seventy-five square feet [6.97 square meters] of separate indoor
recreation space per child are exempt from the outdoor space requirement.
2.
The family child care must be clean and maintained to protect the health and safety of
children. The family child care and outdoor play area must be free of clutter, accumulation of
refuse, standing water, unprotected wells, debris, and other health and safety hazards.
Garbage must be regularly removed.
3.
The provider shall ensure adequate heating, ventilation, humidity, and lighting for the comfort
and protection of the health of the children.
4.
The provider shall ensure that the family child care is equipped with one properly installed
smoke detector located in each sleeping area used by the children, and one properly installed
smoke detector and one fire extinguisher per level. Properly installed means installed
according to manufacturer's or fire inspector's directions.
5.
The provider shall ensure that elevated areas, including stairs and porches, have railings and
safety gates where necessary to prevent falls.
6.
The provider shall ensure that the family child care has a drinking water supply from an
approved community water system or from a source tested and approved annually by the
department of environmental quality.
7.
The provider shall ensure that each child has a comfortable and clean place to sleep or rest
and an individual blanket. The provider may allow a child to sleep or rest on the floor only
when the floor is carpeted or padded, warm, and free from drafts.
8.
The provider shall ensure that exterior play areas in close proximity to busy streets and other
unsafe areas are contained or fenced, or have natural barriers, to restrict children from those
unsafe areas. Outdoor play areas must be inspected daily for hazards and necessary
maintenance.
9.
The provider shall ensure that potential hazards, such as guns, household cleaning
chemicals, uninsulated wires, medicines, noncovered electrical outlets, and poisonous plants
are not accessible to children. The provider shall keep guns and ammunition in locked
storage, each separate from the other, or shall use trigger locks. The provider shall ensure
other weapons and dangerous sporting equipment, such as bows and arrows, are not
accessible to children.
10.
The provider shall ensure indoor and outdoor equipment, toys, and supplies are safe, strong,
nontoxic, and in good repair. The provider shall ensure that all toys and equipment are kept
clean and sanitary. Books and other toys that are not readily cleanable must be sanitized as
much as possible without damaging the integrity or educational value of the item.
11.
The provider shall ensure that exit doorways and pathways are not blocked.
12.
The provider shall ensure that the family child care has a working telephone in the location
used for child care. The provider shall post emergency numbers of parents and first
responders.
13.
The family child care must have an indoor bathroom with a minimum of one sink and one flush
toilet.
14.
The family child care must have hot and cold running water. The water in the faucets used by
children must not exceed one hundred twenty degrees Fahrenheit [49.2 degrees Celsius].
15.
The family child care must meet the local minimum fire and safety standards. The provider
shall obtain a fire inspection prior to licensure and annually thereafter. Any inspection fees are
the provider's responsibility. The provider shall have any code violations noted by the fire
inspector corrected and shall file reports of the inspections and any corrections with the
department. If the fire, safety, health, or sanitation environment appears questionable, the
department may require the provider to obtain additional inspections at the cost of the
provider. The provider shall provide:
a.
The fire inspector's written statement of compliance with the local fire code, if there is
one; or
b.
The fire inspector's written statement that the family child care has been inspected and
that the inspector is satisfied that the family child care meets minimum fire and safety
standards.
16.
The provider shall ensure that accumulations of water, ice, snow, or debris are removed from
steps and walkways as quickly as possible.
17.
The provider shall ensure that combustible materials are kept away from light bulbs and other
heat sources.