DCF 251.06(2)(im) (im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment.
DCF 251.06(2)(j) (j) Children may not be allowed in an area where power tools are in use.
DCF 251.06(2)(k) (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.
DCF 251.06(2)(L) (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.
DCF 251.06(2)(m) (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.
DCF 251.06(2)(n) (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.
DCF 251.06(2)(o) (o) Windows and doors that are used for ventilation shall be screened.
DCF 251.06(2)(p)1.a.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.
DCF 251.06(2)(p)1.b. 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.
DCF 251.06(2)(p)1.c. 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.
DCF 251.06(2)(p)2. 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.
DCF 251.06(2)(p)3. 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.
DCF 251.06(2)(p)4. 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:
DCF 251.06(2)(p)4.a. a. Notify the parents of children in care.
DCF 251.06(2)(p)4.b. 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.
DCF 251.06(2)(p)5.a.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.
DCF 251.06(2)(p)5.b. b. In this subdivision, “residential building” means a building that meets the definition of a “dwelling” in s. 101.61 (1), Stats.
DCF 251.06(2)(p)5.c. 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.
DCF 251.06(2)(p)5.d. 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.
DCF 251.06 Note Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.
DCF 251.06(3) (3)Emergency plans and drills.
DCF 251.06(3)(a) (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:
DCF 251.06(3)(a)1. 1. Evacuation, relocation, shelter-in-place, and lock-down.
DCF 251.06(3)(a)2. 2. Ensuring the needs of children under 2 years of age and children with disabilities are met.
DCF 251.06(3)(a)3. 3. Communication with parents.
DCF 251.06(3)(a)4. 4. Connecting children with their parents if the center is required to evacuate the building.
DCF 251.06(3)(b) (b) Each center shall do all of the following:
DCF 251.06(3)(b)1. 1. Post the fire evacuation route and tornado shelter areas.
DCF 251.06(3)(b)2. 2. Practice the fire evacuation plan monthly, and tornado drills monthly from April through October.
DCF 251.06(3)(b)3. 3. Ensure that all staff members know what their duties are if there is an emergency.
DCF 251.06(3)(b)4. 4. Keep a written record of dates and times all fire and tornado drills practiced.
DCF 251.06 Note Note: The licensee may use the department's form Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Forms are available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 251.06(4) (4)Fire protection.
DCF 251.06(4)(a) (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.
DCF 251.06(4)(b) (b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.
DCF 251.06(4)(c) (c) Each floor used by children shall have at least 2 exits.
DCF 251.06(4)(d) (d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.
DCF 251.06(4)(e) (e) An extension cord may not be used permanently with an appliance.
DCF 251.06(4)(f) (f) No more than 2 electrical appliances may be plugged into any one wall outlet.
DCF 251.06(4)(g) (g) The door to the basement and furnace room shall be closed.
DCF 251.06(4)(h) (h) Areas under stairs may not be used for storage.
DCF 251.06(4)(i) (i) All exit lights shall be lit at all times.
DCF 251.06(4)(j)1.1. Fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be installed and operated in accordance with ch. SPS 316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code; applicable local ordinances; and the manufacturer's instructions.
DCF 251.06(4)(j)2. 2. All fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be maintained in operating condition and shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.
DCF 251.06 Note Note: The licensee may use the department's form, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. 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.
DCF 251.06(4)(jm)1.1. A signaling device, such as a smoke, heat, or flame detector, shall be used to conduct monthly fire evacuation drills.
DCF 251.06(4)(jm)2. 2. The licensee shall document that the fire detection and prevention systems are monitored by a fire prevention agency or that the detectors and alarms have been tested monthly.
DCF 251.06 Note Note: The licensee may use the department's form, DCF-F-CFS0543, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 251.06(4)(k) (k) Unvented gas, oil or kerosene space heaters are prohibited.
DCF 251.06(6) (6)Water.
DCF 251.06(6)(a) (a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.
DCF 251.06(6)(b) (b) If a center gets its water from a private well, the center shall comply with all of the following:
DCF 251.06(6)(b)1.a.a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.
DCF 251.06(6)(b)1.b. b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria.
DCF 251.06 Note Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.
DCF 251.06 Note Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.
DCF 251.06(6)(b)2.a.a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.
DCF 251.06(6)(b)2.b. b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L.
DCF 251.06 Note Note: A list of laboratories certified to test for nitrate can be found on DNR's website: www.dnr.wi.gov.
DCF 251.06 Note Note: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the department of safety and professional services to remove nitrate, and water from a public water system that meets drinking water standards.
DCF 251.06(6)(b)3.a.a. The center shall have the well tested for lead every 5 years using a laboratory certified by the department of natural resources under ch. NR 149. The laboratory report shall be available to the department upon request.
DCF 251.06(6)(b)3.b. b. If water test results indicate lead levels are above 15 micrograms per liter (µg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15 µg/L as confirmed by an additional water test.
DCF 251.06 Note Note: A list of laboratories certified to test for lead can be found on DNR's website: www.dnr.wi.gov.
DCF 251.06 Note Note: Alternative sources of drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.
DCF 251.06(7) (7)Indoor space.
DCF 251.06(7)(a) (a) The space used by children shall be no less than 35 square feet of usable floor space for each child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas, isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and areas not at all times available to children, including areas used exclusively for large muscle activity, napping or eating.
DCF 251.06(7)(b) (b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.
DCF 251.06(9) (9)Kitchens.
DCF 251.06(9)(a) (a) Equipment and utensils.
DCF 251.06(9)(a)1.1. When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.
DCF 251.06(9)(a)1m. 1m. Centers preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to have a microwave or stove unless the snacks served require heating. Refrigerators are required if the center serves milk or other perishable snacks.
DCF 251.06(9)(a)2. 2. All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condition.
DCF 251.06(9)(a)3. 3. Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.
DCF 251.06(9)(a)4. 4. After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.
DCF 251.06(9)(a)5. 5. Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.
DCF 251.06(9)(b) (b) Dishwashing procedures.
DCF 251.06(9)(b)1.1. All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.
DCF 251.06(9)(b)2. 2. All utensils and dishes shall be scraped, sorted and prewashed under running water.
DCF 251.06(9)(b)3. 3. For manual washing of dishes and utensils, a 3-step procedure shall be used:
DCF 251.06(9)(b)3.a. a. Wash in water between 110° and 125°F., using an effective soap or detergent.
DCF 251.06(9)(b)3.b. b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.