TITLE 39

HEALTH AND SAFETY

CHAPTER 11

BASIC DAY CARE LICENSE

39-1110.  Health standards. Daycare facilities shall comply with the following health standards:

(1)  Food for use in daycare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to use to prevent contamination;

(2)  All food that is to be served in daycare facilities shall be stored in such a manner that it is protected from potential contamination;

(3)  Diaper changing shall be conducted in such a manner as to prevent the spread of communicable diseases;

(4)  Sleeping and play areas, restrooms and fixtures shall be maintained in a safe, sanitary condition, and infant sleep areas shall consist of a space in which children up to age twelve (12) months may sleep alone, on their backs, and in a crib;

(5)  Children and facility personnel shall be provided with individual or disposable towels for handwashing and the handwashing area shall be equipped with soap and hot and cold running water;

(6)  The water supply, where the source is other than a public water system, must be approved in accordance with the rules adopted by the department;

(7)  Medicines, cleaning supplies and other hazardous substances must be stored out of reach of children;

(8)  Smoking or alcohol consumption is prohibited on the premises of a daycare facility during the daycare facility’s hours of operation; and

(9)  Representatives of health and safety inspectors shall not be denied access to a daycare facility during hours of operation for purposes of control of communicable disease or inspection.

History:

[39-1110, added 1987, ch. 56, sec. 1, p. 95; am. 1994, ch. 147, sec. 1, p. 335; am. 2009, ch. 295, sec. 10, p. 878; am. 2020, ch. 291, sec. 3, p. 841.]