Wis. Admin. Code DCF 251.06
Physical plant and equipment
Cite as Wis. Admin. Code DCF § 251.06
Physical plant and equipment.
(1) Building.
(a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a building inspection report that specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center.
(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open.
(d) The inside temperature may not be less than 67 ° F.
(e) If the inside temperature exceeds 80 ° F., the licensee shall provide for air circulation with fans, with air conditioning, or by other means.
(2) Protective measures.
(a) The indoor and outdoor premises shall be free of hazards including any recalled products.
(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them.
(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises.
(d) Materials harmful to children, including power tools, flammable, or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles shall be appropriately labeled and stored in areas inaccessible to children.
(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call.
(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, or other law enforcement agency, poison control center, and emergency medical service in a location known to all providers. In this paragraph, “telephone” does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.
(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow.
(gm) The premises shall be well drained, free from litter, clean, and in good repair. The premises shall be maintained to prevent the entrance or harborage of vermin.
(h) Smoking is prohibited on the premises of the center or in a vehicle used to transport children when the children are in care.
(i) There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children.
(im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment.
(j) Children may not be allowed in an area where power tools are in use.
(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
(L) If a hot tub is located in a room or area not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.
(m) Cleaning aids such as mops and brooms shall be clean. Buckets used with mops shall be emptied and stored in areas inaccessible to children.
(n) Garbage containers in the building shall be rigid, covered, watertight, and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of as necessary to prevent decomposition or overflow.
(o) Windows and doors that are used for ventilation shall be screened.
(p)
1.
a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center’s windows closed.
b. In a center licensed prior to March 1, 2023, the test for radon gas levels shall be conducted no later than September 1, 2023.
c. In a center licensed on or after March 1, 2023, the test for radon gas levels shall be conducted within 6 months prior to providing care for children.
2. The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.
3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.
4. If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:
a. Notify the parents of children in care.
b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a. , and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.
5.
a. In this subdivision, “commercial building” means a building that is not a residential building and that meets the definition of a “place of employment” or a “public building” in s. 101.01 (11) or (12) , Stats.
b. In this subdivision, “residential building” means a building that meets the definition of a “dwelling” in s. 101.61 (1) , Stats.
c. The licensee of a center in a commercial building shall test for radon gas levels every 5 years after the test under subd. 1. or, if a radon mitigation system was installed, every 5 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.
d. The licensee of a center in a residential building shall test for radon gas levels every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.
(3) Emergency plans and drills.
(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including fire, tornado, or flood; extreme heat or cold; loss of building services, including heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:
1. Evacuation, relocation, shelter-in-place, and lock-down.
2. Ensuring the needs of children under 2 years of age and children with disabilities are met.
3. Communication with parents.
4. Connecting children with their parents if the center is required to evacuate the building.
(b) Each center shall do all of the following:
1. Post the fire evacuation route and tornado shelter areas.
2. Practice the fire evacuation plan monthly, and tornado drills monthly from April through October.
3. Ensure that all staff members know what their duties are if there is an emergency.
4. Keep a written record of dates and times all fire and tornado drills practiced.
(4) Fire protection.
(a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection.
(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.
(c) Each floor used by children shall have at least 2 exits.
(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.