WSR 12-11-129 PROPOSED RULES
DEPARTMENT OF EARLY LEARNING
[ Filed May 23, 2012, 10:07 a.m. ] Original Notice.
Preproposal statement of inquiry was filed as WSR 12-08-045.
Title of Rule and Other Identifying Information: Chapter 170-296A WAC, Licensed family home child care standards.
Hearing Location(s): Department of Early Learning (DEL), Tumwater Office, Nisqually Room, 6860 Capitol Boulevard S.E., Building 2, Tumwater, WA 98501, on June 27, 2012, at 6:00 p.m.
Date of Intended Adoption: Not earlier than July 30, 2012.
Submit Written Comments to: DEL, Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, on-line at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 586-0533.
Assistance for Persons with Disabilities: Contact the DEL rules coordinator by June 25, 2012, (360) 725-4421.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules are intended to update the rules for several purposes, including to:
? Correct the concentration of bleach and water solution for sanitizing and disinfecting. ? Make corrections to the requirements under notifiable conditions. ? Clarify requirements for cleaning, sanitizing, and disinfecting. ? Correct typographical errors. ? Readopt a rule related to emergency exit windows that was inadvertently left out of the small business economic impact statement. Reasons Supporting Proposal: All proposed changes are being made to protect the health and safety of children. The changes are based on recommendations from the department of health and local health jurisdiction.
Statutory Authority for Adoption: Chapter 43.215 RCW.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Administration, DEL State Office, Olympia Washington, (360) 725-2829; Implementation and Enforcement: DEL licensing offices, statewide.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
Rule Development Process:Negotiated Rule Making: Chapter 170-296A WAC was developed using a "negotiated rule-making" process under RCW 34.05.310 and 43.215.350. The NRMT included FHCC licensees, the Service Employees International Union (SEIU) Local 925 that represents FHCC licensees, DEL licensing and policy staff, Provider and Parent Advocates, and the statewide Child Care Resource and Referral (CCR&R) Network representatives.
1. Emergency exit platform: WAC 170-296A-4550(4), an emergency exit window must have a place to land outside that is forty-eight inches or less below the window which may be either:
(a) The ground; or
(b) A deck, landing or platform constructed to meet current building codes.
Why the Rule Is Needed: Effective means of exiting the home during an emergency are necessary in order to safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance in a family home setting. Further, under RCW 43.215.005 (4)(c), the health, safety and well-being of children is paramount over the right of any person to provide care.
Cost of Adding an Emergency Exit Platform: The average cost of a platform averages $30.00 to $43.00 per square foot. Costs may vary from area to area, based on materials and labor costs.
? $37.72 is listed as the estimated price for decks and porches, in the Thurston County Building Feed Guide, which is based on the estimated construction cost per square foot as published by the International Code Council. Contacts with licensed contractors provided an estimate between $30 and $43 per square foot.
Efforts to Mitigate (Reduce) Costs of the Proposed Rules: Not all family child care homes will require installation of an emergency exit platform. An emergency exit platform is only required if you are caring for children in a room on the second floor of a two story or split level home and you use a window more than four feet above grade as one of the two means of egress from the room and no fire sprinkler system is installed in the home.
? If you operate a child care in a living room or kitchen more than four feet above grade and there are two doors or doorways from the room that lead directly to two separate pathways to emergency exits, then an emergency exit platform is not required because no window is being used as an emergency exit. For example, a living room four feet above grade with a front door leading outside and another door leading to an outside deck with a stairway to the ground does not require a platform outside the window. ? If you operate a child care in a bedroom more than four feet above grade and one exit is a door to a pathway that leads to an emergency exit and the other exit is a door leading directly to the exterior of the building, then an emergency exit platform is not required because no window is being used as an emergency exit. For example, a bedroom four feet above grade with a door leading to a deck with a stairway to the ground and a door leading to a hallway that leads to the front door does not require a platform outside the window. ? If you operate a child care in a bedroom more than four feet above grade and one exit is a door to a pathway that leads to an emergency exit and the other exit is an emergency exit window, then an emergency exit platform is required. For example, a bedroom with a door leading to a hallway that leads to the front door and a window used as an exit requires a platform outside the window.
Impact of the Proposed Rules on Job Creation or Loss: One-time Cost: New one-time costs imposed by the proposed rule on small businesses are estimated to range from $480.00 to $688.00. Actual costs to a new or current licensee will depend on individual factors such as: If the use or proposed use of the licensed child care space in the home requires installation; the height of the platform off the ground; specific costs of local building permits; and the type of materials used to build the platform.Job Loss: Based on how the licensee chooses to meet the requirements of the proposed rule and whether certain conditions such as use or proposed use exist on the FHCC premises, these costs may impact the licensee's decision to employ paid staff, or the number of hours that the licensee uses paid staff in a given year. At a rate of $8.50 per hour, the low end of compliance costs may result in the licensee foregoing paying about fifty-six hours of staff time in the first year. At the high end, compliance costs may result in the licensee foregoing paying an estimated one hundred five hours of staff time in the first year. Licensees may choose less costly or no cost options to comply with the rule, which would have a lower impact on their ability to hire staff.
Job Creation: The rules are not expected to result in significant job creation or loss.
A copy of the statement may be obtained by contacting DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504, phone (360) 725-4421, fax (360) 586-0533, e-mail Rules@del.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
May 22, 2012
Elizabeth M. Hyde
Director
OTS-4755.3
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-0010 Definitions. The following definitions apply throughout this chapter unless the context clearly indicates otherwise. Certain definitions appear in the section the term is used if the definition applies only to a specific section or sections:"Accessible to children" means areas of the facility and materials that the children can easily get to on their own. "Agency" as used in this chapter, has the same meaning as in RCW 43.215.010 (1) ((
and (1)))(c)."Available" means accessible and ready for use or service.
"Bathroom" means any room containing a built-in flush-type toilet.
"Capacity" means the maximum number of children the licensee is authorized by the department to have in care at any given time.
"Child" means an individual who is younger than age thirteen, including any infant, toddler, preschool-age child, or school-age child as defined in this chapter.
"Child abuse or neglect" has the same meaning as "abuse or neglect" under RCW 26.44.020 and chapter 388-15 WAC.
"Child care" means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home for periods of less than twenty-four hours a day.
"Clean" or "cleaning" means to remove dirt and debris (such as soil, food, blood, urine, or feces) by scrubbing and washing with a soap or detergent solution and rinsing with water. Cleaning is the first step in the process of sanitizing or disinfecting a surface or item.
"Confidential" means the protection of personal information, such as the child's records, from persons who are not authorized to see or hear it.
"Denial of a license" means an action by the department to not issue a child care license to an applicant for an initial license, or to a licensee operating under an initial license seeking a nonexpiring full license, based on the applicant's or initial licensee's inability or failure to meet the requirements of chapter 43.215 RCW or requirements adopted by the department pursuant to chapter 43.215 RCW.
"Department" or "DEL" means the Washington state department of early learning.
"Developmentally appropriate" means curriculum, materials or activities provided at a level that is consistent with the abilities or learning skills of the child.
"Discipline" means a method used to redirect a child in order to achieve a desired behavior.
"Disinfect" or "disinfecting" means to eliminate virtually all germs on a surface by the process of cleaning and rinsing, followed by:
(a) A chlorine bleach and water solution of ((
appropriate concentration)) one tablespoon of chlorine bleach to one quart of cool water; or(b) Other disinfectant product if used strictly according to the manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled safe for food contact surfaces.
"DOH" means the Washington state department of health.
"DSHS" means the Washington state department of social and health services.
"Enforcement action" means a department issued:
(a) Denial, suspension, revocation or modification of a license;
(b) Probationary license;
(c) Civil monetary penalty (fine); or
(d) Disqualification from having unsupervised access to children in care.
"Family home child care" means a facility licensed by the department where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.215.010 (1)(c).
"Family living quarters" means a licensee's or license applicant's residence and other spaces or buildings on the premises that meet the facility requirements of this chapter and are approved by the department for child care.
"Fine" has the same meaning as "civil monetary penalty," "civil fines," or "monetary penalty" under chapter 43.215 RCW.
"Inaccessible to children" means an effective method or barrier that reasonably prevents a child's ability to reach, enter, or use items or areas.
"Infant" means a child age birth through eleven months of age.
"Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.
"Licensee" for the purposes of this chapter, means the individual listed on a family home child care license issued by the department of early learning authorizing that individual to provide child care under the requirements of this chapter and chapter 43.215 RCW.
"Licensor" means an individual employed by the department and designated by the director to inspect and monitor an agency or other child care facility for compliance with the requirements of this chapter and chapter 43.215 RCW.
"MERIT" means the managed education registry information tool used to track professional development for early learning professionals. See also "STARS."
"Modification of a license" means department action to change the conditions identified on a current license.
"Nonexpiring full license" or "nonexpiring license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-296A-1450.
"Nonprescription medication" means any of the following:
(a) Nonaspirin and aspirin fever reducers or pain relievers;
(b) Nonnarcotic cough suppressants;
(c) Cold or flu medications;
(d) Antihistamines or decongestants;
(e) Teething pain reducers;
(f) Vitamins;
(g) Ointments or lotions specially intended to relieve itching;
(h) Diaper ointments and talc free powders specially used in the diaper area of children;
(i) Sun screen;
(j) Hand sanitizer gels; or
(k) Hand wipes with alcohol.
"One year of experience" means at least twelve months of early learning experience as demonstrated by a resume and references:
(a) In a supervisory role in a child care setting where the individual was responsible for supervising staff and complying with licensing standards; or
(b) As a Washington state:
(i) Child care center or school age center director, program supervisor, or lead teacher as defined in chapters 170-151 and 170-295 WAC; or
(ii) Family home child care licensee or qualified primary staff person.
"Overnight care" means child care provided for a child anytime between the hours of eight o'clock at night and six o'clock in the morning that includes a sleep period for the child.
"Personal needs" means an individual's hygiene, toileting, medication, cleansing, eating or clothing needs. "Personal needs" does not mean smoking or use of tobacco products, illegal drug use or misuse of prescription drugs, conducting business or related activities, sleeping or napping, screen time, or leaving children in care unattended.
"Physical restraint" means the practice of rendering a child helpless or keeping a child in captivity.
"Poison" for the purposes of this chapter includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items, that even in small quantities are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.
"Premises" means the licensed or unlicensed space at the licensed address including, but not limited to, buildings, land and residences.
"Preschool age child" means a child age thirty months through five years of age who is not attending kindergarten or elementary school.
"Primary staff person" means a staff person other than the licensee who has been authorized by the department to care for and have unsupervised access to children in care.
"RCW" means Revised Code of Washington.
"Revocation" or "revoke" means the formal action by the department to close a child care business and take the license due to the licensee's failure to comply with chapter 43.215 RCW or requirements adopted pursuant to chapter 43.215 RCW.
"Sanitize" means to reduce the number of microorganisms on a surface by the process of:
(a) Cleaning and rinsing, followed by using:
(i) A chlorine bleach and water solution of ((
appropriate concentration)) three-quarters teaspoon of chlorine bleach to one quart of cool water; or(ii) Another sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as safe for food contact surfaces; or
(b) For laundry and dishwasher use only, "sanitize" means use of a bleach and water solution or temperature control.
"School age child" means a child not less than five years of age through twelve years of age who is attending kindergarten or school.
"Screen time" means watching, using or playing television, computers, video games, video or DVD players, mobile communication devices, and similar devices.
"Sleeping equipment" includes a bed, cot, mattress, mat, crib, bassinet, play yard or "pack and play." "Sleeping equipment" does not include any car seat or infant swing.
"Staff" unless referring specifically to a "primary staff person," means any primary staff person, assistant, or volunteer helping to provide child care, or a household member acting in the capacity of a primary staff person, assistant or volunteer, whether compensated or not compensated.
"STARS" means the state training and registry system.
"Suspension of a license" means a formal department action to stop a license pending a department decision regarding further enforcement action.
"Toddler" means a child age twelve months through twenty-nine months of age.
"Unlicensed space" means the indoor and outdoor areas of the premises, not approved as licensed space by DEL, that the licensee must make inaccessible to the children during child care hours.
"Unsupervised access" has the same meaning as "unsupervised access" in WAC 170-06-0020.
"WAC" means the Washington Administrative Code.
"Weapons" means an instrument or device of any kind that is used or designed to be used to inflict harm including, but not limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices, or fighting implements.
[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), chapter 43.215 RCW, and 2011 c 293 [c 295]. 11-23-068, § 170-296A-0010, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-2325 Reporting notifiable condition to health department. ((The)) In the event a licensee ((must report a)), staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as defined in chapter 246-101 WAC, the licensee must report the diagnosis to the local health jurisdiction or the state department of health. Contact the local health jurisdiction for the list of notifiable conditions and reporting requirements.[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-2325, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-3200 Health plan. The licensee must have a written health plan. The health plan must include:(1) Communicable disease procedures and exclusion of ill persons under WAC 170-296A-3210;
(2) Immunization tracking under WAC 170-296A-3250 through 170-296A-3300;
(3) Medication management under WAC 170-296A-3315 through 170-296A-3550;
(4) Injury treatment under WAC 170-296A-3575 through 170-296A-3600;
(5) Handwashing and hand sanitizers under WAC 170-296A-3625 through 170-296A-3675;
(6) Caring for children with special health needs under WAC 170-296A-0050;
(7) Cleaning, sanitizing, and disinfecting procedures;
(8) A bloodborne pathogens plan under WAC 170-296A-1850; and
(9) Notifying the health department when a licensee, staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as required under WAC 170-296A-2325.
A person excluded from the family home by the health department on the basis of such a diagnosis may not return to the family home until approved to do so by the health department.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-3200, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-3210 Communicable disease procedure. When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with any of the following communicable diseases:
Disease: Also known as: Chickenpox Varicella Conjunctivitis (bacterial)
Pink eye Diphtheria E. coli infection Giardiasis Hepatitis A virus Invasive haemophilus influenza disease (except otitis media) Measles Meningitis (bacterial) Meningococcal meningitis Mumps Pertussis Whooping cough Rubella German measles Salmonellosis Salmonella or "food poisoning" Shigellosis Shigella Tuberculosis (active) TB
(1) The licensee must, within twenty-four hours notify:(a) The local health jurisdiction or DOH, except notice is not required for a diagnosis of chickenpox((
,)) or conjunctivitis((, or invasive haemophilus influenza));(b) The department; and
(c) Parents or guardians of each of the children in care.
(2) The licensee must follow the health plan before providing care or before readmitting the household member, staff person or child into the child care.
(3) The licensee's health plan must include provisions for excluding or separating a child, staff person, or household member with communicable disease as described in subsection (1) of this section or any of the following:
(a) Fever of one hundred one degrees Fahrenheit or higher measured orally, or one hundred degrees Fahrenheit or higher measured under the armpit (axially), if the individual also has:
(i) Earache;
(ii) Headache;
(iii) Sore throat;
(iv) Rash; or
(v) Fatigue that prevents the individual from participating in regular activities.
(b) Vomiting that occurs two or more times in a twenty-four hour period;
(c) Diarrhea with three or more watery stools, or one bloody stool, in a twenty-four hour period;
(d) Rash not associated with heat, diapering, or an allergic reaction; or
(e) Drainage of thick mucus or pus from the eye.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-3210, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-3750 Mats, cots and other sleeping equipment. (1) The licensee must provide mats, cots, or other approved sleeping equipment that are made of material that can be cleaned and sanitized as provided in WAC 170-296A-0010.(2) Mats, cots, or other sleeping equipment must be in good repair, not torn or with holes or repaired with tape.
(3) A sleeping mat must be at least one inch thick.
(4) Mats, cots, or other sleeping equipment must be cleaned, sanitized, and air dried:
(a) At least once a week or as needed if used by one child; or
(b) Between each use if used by different children.
(5)((
(a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water;(b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.
(6))) When in use, mats, cots, or other sleeping equipment must be arranged to allow the licensee or staff to access the children.
((
(7))) (6) Mats, cots, and other sleeping equipment must be stored so that the sleeping surfaces are not touching each other, unless they are cleaned and sanitized after each use.[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-3750, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-3875 Cleaning and sanitizing toys. (((1))) The licensee must clean and sanitize toys as provided in WAC 170-296A-0010:((
(a))) (1) Before a child plays with a toy that has come into contact with another child's mouth or bodily fluids;((
(b))) (2) After being contaminated with bodily fluids or visibly soiled; or((
(c))) (3) Not less than weekly when the toys have been used by the children.((
(2)(a) If a bleach solution is used to sanitize, the solution must be three-quarter teaspoon of bleach to one quart of cool water;(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces, used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and rinsed if required by the product instructions.))
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-3875, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-3925 Cleaning, sanitizing, and disinfecting table. (1) The following table describes the minimum frequency for cleaning, sanitizing, or disinfecting items in the licensed space.
CLEANING, SANITIZING, AND DISINFECTING TABLE "X" means CLEAN And SANITIZE or DISINFECT
FREQUENCY (( (1))) (a)Kitchen countertops/tabletops, floors, doorknobs, and cabinet handles. X Sanitize (see subsection (3) of this section) Daily or more often when soiled. (( (2))) (b)Food preparation/surfaces. X Sanitize (see subsection (3) of this section) Before/after contact with food activity; between preparation of raw and cooked foods. (( (3))) (c)Carpets and large area rugs/small rugs. (( (a))) (i)Vacuum daily. (( (b))) (ii)Installed carpet - Clean yearly or more often when soiled using a carpet shampoo machine, steam cleaner, or dry carpet cleaner. X (( (c))) (iii)Small rugs - Shake outdoors or vacuum daily. Launder weekly or more often when soiled. X Sanitize (see subsection (3) of this section) (( (d))) (iv)Removable rugs - May be used in the bathroom. They must be easily removable and able to be washed when needed. Launder and sanitize weekly or more often when soiled. (( (4))) (d)Utensils, surfaces/toys that go in the mouth or have been in contact with other body fluids. X Sanitize (see subsection (3) of this section) After each child's use; may use disposable, one-time utensils. (( (5))) (e)Toys that are not contaminated with body fluids and machine-washable cloth toys. Dress-up clothes (not worn on the head or come into contact with the head while dressing). Combs/hairbrushes, (none of these items should be shared among children). X Sanitize (see subsection (3) of this section) Weekly or more often when visibly soiled. (( (6))) (f)Bedding, blankets, sleeping bags, individual sheets, pillowcases (if used). Weekly or more often when soiled. X Sanitize (see subsection (3) of this section) Items that are put in the washing machine must be cleaned by using laundry detergent and sanitized by temperature (hot or warm water cycle) or chlorine bleach. (( (7))) (g)Wash cloths or single use towels. X Sanitize (see subsection (3) of this section) After each use. (( (8))) (h)Hats and helmets. X After each child's use or use disposable hats that only one child wears. (( (9))) (i)Cribs and crib mattresses. X Sanitize (see subsection (3) of this section) Weekly, before use by different child, and more often whenever soiled or wet. (( (10))) (j)Handwashing sinks, faucets, surrounding counters, soap dispensers, doorknobs. X Disinfect (see subsection (2) of this section) Daily or more often when soiled. (( (11))) (k)Toilet seats, toilet training rings, toilet handles, doorknobs or cubicle handles, floors. X Disinfect (see subsection (2) of this section) Daily or immediately if visibly soiled. (( (12))) (l)Toilet bowls. X Disinfect (see subsection (2) of this section) Daily or more often as needed (e.g., child vomits or has explosive diarrhea, etc.). (( (13))) (m)Changing tables, potty chairs (use of potty chairs in child care is discouraged because of high risk of contamination). X Disinfect (see subsection (2) of this section) After each child's use. (( (14))) (n)Waste receptacles. X Daily or more often as needed.
(2) "Disinfect" or "disinfecting" means to eliminate virtually all germs on a surface by the process of cleaning and rinsing, followed by:(a) A chlorine bleach and water solution of one tablespoon of chlorine bleach to one quart of cool water; or
(b) Other disinfectant product if used strictly according to the manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled safe for food contact surfaces.
(3) "Sanitize" means to reduce the number of microorganisms on a surface by the process of:
(a) Cleaning and rinsing, followed by using:
(i) A chlorine bleach and water solution of three-quarters teaspoon of chlorine bleach to one quart of cool water; or
(ii) Another sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as safe for food contact surfaces; or
(b) For laundry and dishwasher use only, "sanitize" means use of a bleach and water solution or temperature control.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-3925, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-4325 Stairs. (1) If there are stairs in the licensed space, the licensee must:(a) Keep the stairway well lit;
(b) Keep the stairway free of clutter; and
(c) Have a handrail not higher than ((
thirty)) thirty-eight inches high or sturdy slats on one side of the stairs.(2) The licensee must provide a pressure gate, safety gate, or a door to keep the stairs inaccessible to infants and toddlers when not in use.
(3) Openings between slats or on pressure gates or safety gates must not be larger than three and one-half inches wide.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-4325, filed 11/14/11, effective 3/31/12.]
READOPTED SECTION(Readopting WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-4550 Emergency exit windows. (1) Any window used as an emergency exit window must:(a) Remain unlocked during operating hours, except a manufacturer-installed latch may be latched;
(b) Be designed to open from the inside of the room without the use of keys, tools or special knowledge; and
(c) Be easy to open to the full open position.
(2) An emergency exit window must be at least five point seven square feet of opened area, except emergency exit windows on the ground floor may be five square feet of opened area. When open, the window opening must be at least:
(a) Twenty inches wide; and
(b) Twenty-four inches tall.
(3) An emergency exit window must have an interior sill height of forty-four inches or less above the interior floor. If the interior sill height is more than forty-four inches above the interior floor, a sturdy platform (which may be a table or other device) may be used to make the distance forty-four inches or less to the interior window sill. The platform must be in place below the window sill at all times during operating hours.
(4) An emergency exit window must have a place to land outside that is forty-eight inches or less below the window which may be either:
(a) The ground; or
(b) A deck, landing or platform constructed to meet current building codes.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-4550, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-4650 Bathroom floors. (1) Floors in a bathroom or toileting area must have a washable surface and be resistant to moisture. The floor must be cleaned and disinfected as provided in WAC 170-296A-0010 daily or more often if needed.((
(a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions, including but not limited to quantity used, time the product must be left in place, and adequate time to allow the product to dry.))
(2) Removable rugs may be used in the bathroom. The rugs must be laundered and sanitized as provided in WAC 170-296A-0010 at least weekly or more often if needed.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-4650, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-4950 Rails on platforms, decks, and stairs. (1) Platforms or decks (not including play equipment) used at any time for child care activities with a drop zone of more than eighteen inches must have guardrails in any area where there are no steps.(2) Outdoor stairs with four or more steps must have slats (balusters) or a hand rail not higher than ((
thirty)) thirty-eight inches high on at least one side. Openings between the slats must be no wider than three and one-half inches. This requirement does not apply to outdoor play equipment with stairs.[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-4950, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-5175 Wading pools -- Defined -- Supervision. (1) A wading pool:(a) Is an enclosed pool with water depth of two feet or less measured without children in the pool; and
(b) Can be emptied and moved.
(2) When a wading pool on the premises is intended for use by the children, the licensee must:
(a) Directly supervise or have a primary staff person directly supervise the children;
(b) Obtain written permission from each child's parent or guardian to allow the child to use a wading pool;
(c) Maintain staff-to-child ratios when children are in a wading pool;
(d) Keep infants or toddlers in the wading pool within reach of the licensee or staff;
(e) Use a door alarm or bell to warn staff that children are entering the outdoor area when pool water could be accessed, or keep the wading pool empty when not in use;
(f) Empty the pool daily; and
(g) Clean and disinfect the pool as provided in WAC 170-296A-0010 daily or immediately if the pool is soiled with urine, feces, vomit, or blood((
:(i) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;
(ii) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry)).
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-5175, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7075 Infant and toddler sleeping or napping equipment. (1) The licensee must:(a) Provide and use a single level crib, toddler bed, playpen or other sleeping equipment for each infant or toddler in care that is safe and not subject to tipping. The equipment must be of a design approved for infants or toddlers by the U.S. Consumer Product Safety Commission (see WAC 170-296A-7085 regarding approved cribs)((
.));(b) Provide sleeping or napping equipment with clean, firm, and snug-fitting mattresses that do not have tears or holes or is repaired with tape((
.));(c) Provide mattresses covered with waterproof material that is easily cleaned and sanitized((
.(i) If a bleach solution is used to sanitize, the solution must be three-quarters teaspoon of chlorine bleach to one quart of cool water.
(ii) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.)) as provided in WAC 170-296A-0010;
(d) Arrange sleeping equipment to allow staff access to children;
(e) Remove sleeping children from car seats, swings or similar equipment; and
(f) Consult with a child's parent or guardian before the child is transitioned from infant sleeping equipment to other approved sleeping equipment.
(2) Children able to climb out of their sleeping equipment must be transitioned to an alternate sleeping surface.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7075, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7225 High chairs. (1) If the licensee uses high chairs in the child care, each high chair must:(a) Have a base that is wider than the seat;
(b) Have a safety device that prevents the child from climbing or sliding down the chair;
(c) Be free of cracks and tears; and
(d) Have a washable surface.
(2) When a child is seated in a high chair, the chair's safety device must be used to secure the child.
(3) The licensee or staff must clean and sanitize high chairs as provided in WAC 170-296A-0010 after each use.
((
(a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water.(b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7225, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7250 Diapering and toileting. (1) The licensee must provide a diaper changing area that is separate from any area where food is stored, prepared or served.(2) The diaper changing area must:
(a) Have a sink with hot and cold running water close to the diaper changing area. The sink must not be used for food preparation and clean up;
(b) Have a sturdy surface or mat that is:
(i) Not torn or repaired with tape;
(ii) Easily cleanable;
(iii) Waterproof; and
(iv) Large enough to prevent the area underneath from being contaminated with bodily fluids.
(3) The diapering area must be cleaned and disinfected as provided in WAC 170-296A-0010 between each use.
((
(a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one quart of cool water.(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))
(4) A nonabsorbent, disposable covering that is discarded after each use may be used on the diaper changing mat.
(5) The diaper changing surface must be free of all other items not used in diapering the child.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7250, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7375 Potty chairs or modified toilet seats. (1) When potty chairs are used, the licensee or staff must immediately after each use:(a) Empty the potty chair into the toilet; and
(b) Clean and disinfect the potty chair.
(2) The floor under the potty chairs must be made of a material that is resistant to moisture.
(3) When a modified toilet seat is used, it must be cleaned and disinfected as provided in WAC 170-296A-0010 daily or more often when soiled.
(4)((
(a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one quart of cool water;(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.
(5))) If a sink or basin is used to clean a potty chair or modified toilet seat, the sink or basin must be cleaned and disinfected afterwards.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7375, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7700 Washing dishes. The licensee or staff must wash dishes thoroughly after each use by one of the following methods:(1) Automatic dishwasher, using the sanitizing cycle if available; or
(2) Handwashing method, by emersion in hot soapy water, rinse, sanitize as provided in WAC 170-296A-0010 and air dry((
:(a) If a bleach solution is used to sanitize, the solution must be three-quarters teaspoon of chlorine bleach to one gallon of cool water;
(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces and be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry)).
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7700, filed 11/14/11, effective 3/31/12.]
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7750 Food preparation area. (1) The licensee or staff must clean and sanitize food preparation and eating surfaces as provided in WAC 170-296A-0010 before and after use. The licensee's food preparation area must:(a) Have surfaces that are free of cracks and crevices; and
(b) Have a floor area made of a material that is resistant to moisture.
(2) The licensee must not allow pets in the food preparation area while food is being prepared or served.
(3) The licensee may use the kitchen for other child care activities provided there is continual supervision of the children.
((
(4)(a) If a bleach solution is used to sanitize surfaces, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces and be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-7750, filed 11/14/11, effective 3/31/12.]
