DCF 250.06 Physical plant and equipment. DCF 250.06(1)(a)(a)
Conformance with building codes.
Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department's issuance of a license.
DCF 250.06 Note
Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.
A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children's use.
The inside temperature of the center may not be less than 67 degrees Fahrenheit.
If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.
There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.
Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.
Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.
Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center, and emergency medical service, posted in a location known to all providers.
The center's indoor and outdoor child care space shall be free of hazards including any recalled products.
A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.
Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.
Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.
DCF 250.06 Note
Section DCF 250.03 (26)
defines “premises” as the tract of land on which the center is located, including all buildings and structures on that land.
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.
If a hot tub is located in a room or area that is 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.
The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.
A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647
A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149
The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.
Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no 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 specific procedures that address all of the following:
Ensuring that the needs of children under age 2 and children with disabilities are met.
Connecting children with their parents if the center is required to evacuate the building.
The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April through October, with the children and shall document when the plans were practiced.
DCF 250.06 Note
The licensee may use either the department's form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee's own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov
, or from any regional licensing office in Appendix A.
Smoke detectors shall be installed and maintained in operating condition on each level of the center and in all areas used for nap or rest periods. All smoke detectors shall be tested monthly and a record kept of the time, date and results of the test.
DCF 250.06 Note
The licensee may use either the department's form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee's own form to record the results of smoke detector tests. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov
, or from any regional licensing office in Appendix A.
An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.
DCF 250.06 Note
Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.
Unvented gas, oil or kerosene space heaters are prohibited.
The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
If the center gets its water from a private well, water samples from the well shall be tested annually by a laboratory certified under ch. ATCP 77
and shall be found bacteriologically safe. The laboratory report shall be available to the department upon request.
If the center is licensed to care for infants under 6 months of age, the center shall have nitrate levels in the water tested annually by a laboratory certified under ch. ATCP 77
. Bottled water shall be used for infants under 6 months of age if the water tests above the maximum allowable levels of nitrates.
DCF 250.06 Note
Section NR 809.11 sets the maximum allowable level of nitrate-nitrogen in public drinking water at 10 milligrams per liter (10 parts per million).
If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
Each floor or level occupied by children shall have at least 2 exits.
The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.
A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
A door or stairway leading to a platform or roof with railings complying with sub. (2) (g)
, which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.
Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of a tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.
A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd. 6. a.
The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
The secondary exit shall be either a door or stairway leading to the ground level or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.
Every closet door latch shall be capable of being opened by children from inside the closet.
Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.
Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.
Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.
Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.
Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption.
Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.
Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.
Food shall be provided based on the amount of time children are in care, as specified in Table 250.06.
Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.
At a minimum, children shall be provided food for each meal and snack that meets the U.S. department of agriculture child and adult care food program minimum meal requirements.
Additional portions of vegetables, fruits, bread, and milk shall be available.
Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children shall be retained for 3 months.
When food for a child is provided by a child's parent, the licensee shall give the parent information about the requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.
A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.
A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child's physician and upon the request of the parent.
A special diet based on a food allergy may be served upon the written request of the parent.
Requirement for outdoor play space.
A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.
Required features of outdoor play space.
Except when an exemption is requested and approved by the department under par. (c)
, a center shall comply with all of the following requirements for outdoor play space:
There shall be at least 75 square feet of outdoor play space for each child using the space at a given time. A center with a licensed capacity of 8 children is required to have a minimum of 600 square feet.