(a) Location and construction. The child care center location is required to be in an area which offers minimum hazards to the health, safety, and welfare of the children.

• (1) The child care center is in compliance with the building codes applicable at the time the license was issued.
• (2) Any child care center which operates on a 24-hour per day basis is required to comply with other construction standards required in state adopted codes, as determined by the State Fire Marshal.
• (3) No mobile home, whether mobile or permanently situated, is issued a license as a child care center unless it was licensed as a center prior to February 1, 1981.
• (4) Heating and cooling systems are operable and pose no risk to children.
• (A) Use of open-faced space heaters, unvented space heaters, or electric portable heaters is prohibited throughout the center.
• (i) Electric baseboard heat is permissible if it is wired directly into the electrical system, and no objects are in contact with the heating element.
• (ii) Use of gas-fed, unvented heaters mounted in the wall is prohibited, and the knobs are removed when children are in care.
• (B) Fires in wood-burning fireplaces are prohibited during hours children are in care.
• (C) Heaters, including floor furnaces, are enclosed by guards when children need protection from hot surfaces.
• (5) A kitchen is a separate area arranged in a way that discourages unsupervised access by children or unauthorized persons.
• (6) Any alteration, addition, or new construction must comply with current requirements.
• (A) Paint containing lead in excess of 0.06 percent is not used when surfaces are repaired or when any new surfaces accessible to children are painted.
• (B) Construction, remodeling, or alteration of structures which occurs during the center's hours of operation is accomplished in a manner that prevents hazards or unsafe conditions, such as fumes, dust, and safety hazards.
• (7) Children are not accepted into care until approval is obtained from:
• (A) the health department, if meals are prepared and served;
• (B) a representative of the Office of the State Fire Marshal or local fire official who has been authorized by the Office of the State Fire Marshal.  The State Fire Marshal can be reached at 1-800-522-8666; and
• (C) the Oklahoma Department of Human Services (OKDHS) Division of Child Care Licensing Services.
• (8) Ongoing approvals by fire and health are required every two years.

(b) Toileting and hand-washing facilities:

• (1) are located in the same building where the children's care is provided;
• (2) are easily accessible to children and staff;
• (3) contain operable flushing toilets and hand sinks in good repair;
• (4) are maintained in a clean and sanitary condition with adequate ventilation;
• (5) contain toilet paper within easy reach of children;
• (6) have non-absorbent floor surfaces in toilet areas;
• (7) have hand sinks with comfortably warm or tempered running water, with the temperature between 80 and 120 degrees F.  If the temperature exceeds 120 degrees, a tempered valve is required;
• (8) contain soap for hand-washing, individual-use towels or mechanical hand dryers, and waste containers within easy access of children;
• (9) have one toilet and one sink for every 15 children if the center opened or expanded after July 2, 1970.
• (A) Urinals are not counted as meeting the required number of toilets.
• (B) If potty chairs are used to facilitate toilet training for children, they are emptied and sanitized immediately after each use.  Potty chairs are not counted as meeting the required number of toilets;
• (10) are not required to have doors if used only by preschool children.  Doors are not required to be self-closing.  Every bathroom door is designed to permit opening of the locked door from the outside in an emergency, and the opening device is readily accessible to the staff; and
• (11) in rooms for children under three years of age who are in diapers, in accordance with OAC 340:110-3-25(c), have an operable sink with hot and cold or tempered water with hand-washing soap and individual-use towels, either in the same room or in a bathroom that opens directly into the room.

(c) Safety and sanitation.  Safety and sanitation requirements are contained in this subsection.

• (1) Physical environment.  The physical environment of the center includes:
• (A) a structurally sound interior and exterior in good repair, for example, walls and ceilings are free from holes and peeling paper and paint;
• (B) barriers on porches, elevated walkways, and elevated play areas of more than two feet in height.  Barriers are required to have openings of less than 2 and 3/8 inches if accessible to children younger than two years of age, and less than four inches for all other age groups;
• (C) railings for stairways of three or more steps both inside and outside;
• (D) floors free of broken tile, torn carpet, and holes;
• (E) windows and doors free of broken glass or other hazards;
• (F) clear glass doors marked at children's eye level;
• (G) screens on open windows and doors in food preparation and service areas;
• (H) self-closing apparatus on all screen and storm doors;
• (I) indoor temperature in activity areas maintained between 65 and 80 degrees F;
• (J) lighting levels bright enough to accommodate activities with comfort and to allow the caregiver to see children's facial features at all times;
• (K) clean and sanitary areas at all times;
• (L) no vermin infestation, free of rodents and insects;
• (M) a supervised room or space in which children who become ill can be separated from other children; and
• (N) prohibiting the use of tobacco products in the facility and on the play ground during hours of child care.
• (2) Emergency preparedness.  The center has:
• (A) an operable direct-line telephone located within the facility with an extension on each floor and in each building for both incoming and outgoing calls;
• (B) posted by each telephone the name and address of the child care center and a list of emergency phone numbers to include the fire department, police department, ambulance service, medical resource to be used, and poison control, 1-800-222-1222;
• (C) a record of the fire drill and smoke detector test conducted monthly by each shift of staff;
• (D) a record of the tornado drill that is conducted quarterly by each shift;
• (E) a written plan for reporting, protecting from outside threats, and evacuating in case of fire, flood, tornado, blizzard, power failure, or other natural or man-made disaster that could create structural damage to the facility or pose health hazards; and
• (F) a floor plan posted on each floor and in each classroom showing prime and alternate evacuation routes from each area of the building.
• (3) Smoke detectors and fire extinguishers.
• (A) Operable smoke detectors are in each room in which children are in care.
• (B) Smoke detectors are tested at least monthly and if battery operated, batteries are replaced at least semi-annually.
• (C) Portable fire extinguishers suitable for Class B or Class BC fires are in kitchens and cooking areas, and additional extinguishers suitable for Class A fires are available throughout the center.  The local fire authority or State Fire Marshal may be consulted regarding the number, size, and type of extinguisher installed.
• (D) All fire extinguishers are inspected, serviced, and tagged annually by a competent authority; and
• (4) Exits.
• (A) No exit is blocked by equipment, furniture, or other objects.
• (B) All exit doors are openable from the inside without the use of a key.
• (C) Any exit door that is locked can be unlocked, unlatched, and opened with a single motion.
• (5) Hazards.  The center:
• (A) is free of hazards;
• (B) has medication, cleaning materials, detergents, aerosol cans, pesticides, health and beauty aids, poisons, and other toxic materials stored in their original labeled containers.  Smaller containers may be used for these products if they are properly labeled with the product name, and warning information is maintained at the facility;
• (C) has medicines, cleaning solvents, and hazardous items stored so that they are inaccessible to children and in a manner that prevents contamination of food;
• (D) is free of illegal drugs and paraphernalia;
• (E) has any firearms, pellet or BB guns, bows and arrows, darts, or cap pistols equipped with child protective devices.  These items are kept under lock and key in areas that are inaccessible to children.  Firearms are stored unloaded in a locked cabinet separate from ammunition.  Parents are informed of the presence of firearms and how the center meets this requirement;
• (F) has compressed gas cylinders secured to prevent them from falling over;
• (G) makes electrical cords inaccessible to infants and toddlers;
• (H) does not use temporary wiring or extension cords as permanent wiring.  Extension bars are permitted if there is documentation of a circuit-breaker or fuse that is built into the unit;
• (I) covers electrical outlets that are not in use with safety devices, unless they are not within reach of children, or are in areas not used by children;
• (J) does not have any toxic plant in any area accessible to children;
• (K) ensures pesticides or other toxic chemicals are used in strict compliance with label instruction and are applied when children are not present; and
• (L) ensures containers or buckets of standing liquid are inaccessible to children unless used as a part of a planned and supervised learning activity.
• (6) Animals. If animals are kept on the premises, compliance with the rules in this paragraph is required.
• (A) Parents are advised of the presence of animals.
• (B) Any pet or animal is in good health, does not show evidence of carrying disease, is friendly toward children, and does not present a threat to the health, safety, and well-being of children.
• (C) Animals are maintained in a visibly clean manner.
• (D) Any animal, including birds, hamsters, dogs, cats, and the like, that has symptoms of disease, such as diarrhea, skin infection, severe loss of appetite, weight loss, lethargy, or any unusual behavior or symptoms, is isolated and examined by a licensed veterinarian.
• (E) Local ordinances pertaining to animals on the premises are followed.
• (F) Dogs and cats are vaccinated for rabies by a licensed veterinarian and are free of fleas, ticks, and worms.
• (G) Proof of current compliance is kept on file at the center when vaccinations are required.
• (H) Ferrets, turtles, birds of the parrot family, or any wild or dangerous animals are not allowed at the center.
• (I) Animals that are common carriers of rabies, but cannot be vaccinated for that disease, are prohibited.
• (J) Newly acquired birds are quarantined and observed for signs of illness for 30 days before they are brought to the center.
• (K) All reptiles are inaccessible to children.
• (L) Animals are restricted from areas where food is stored, prepared, or served.
• (M) Areas of confinement, such as cages and pens, are cleaned of excrement daily.
• (N) Animal litter boxes are not located in kitchens or areas accessible to children.
• (O) Outdoor play areas are cleaned of excrement daily or more often as needed.
• (P) If an animal bites a child and the skin is broken, the child's parent and the county or state health department are immediately notified and the incident is documented in the Injury Log.

(d) Licensed capacity.  The total licensed capacity of a child care center is determined by computing the capacities for indoor space, outdoor space and bathroom facilities.  The licensed capacity cannot exceed the lowest computed capacity for indoor space, outdoor space, and bathroom facilities.  The maximum number of children in care at one time, whether on or off the premises, does not exceed the number of children specified on the license.

• (1) Indoor play space. Indoor play space requirements are contained in this paragraph.
• (A) Centers opened or expanded after July 2, 1970 have a minimum indoor play space, for routine use by children, of 35 square feet of floor area per child.  New construction and existing space not previously licensed for child care after January 1, 2005 is required to have 40 square feet of floor area per infant in rooms occupied only by infants.  The areas not counted in determining the capacity of the center are:
• (i) bathrooms, kitchens, and hallways;
• (ii)offices, teachers' lounges, and work rooms;
• (iii) rooms used exclusively for the care of ill children;
• (iv) areas used exclusively for eating, napping, or large-muscle play;
• (v) storage closets and supply rooms;
• (vi) space occupied by furniture not for children's use; and
• (vii) basement areas having one-half or more of the clear height below ground level.  A warm, dry, properly ventilated basement may be used for short periods of time as an accessory play space if adequate provision is made for fire prevention and protection.
• (B) Centers licensed prior to July 2, 1970 are required to provide 30 square feet of floor area per child.  If additional play space is added, it is computed at 35 square feet per child.
• (C) No room is routinely occupied by more children than can be accommodated at 35 square feet per child.
• (D) A large area, such as a gymnasium, may be used in addition to other space.  However, it may be counted toward the licensed capacity for preschool and school-age children only if it is divided into well-defined areas that are appropriately equipped.
• (2) Outdoor play space. The requirements for outdoor play space are contained in (A) through (C) of this paragraph.
• (A) When a center is licensed for less than 24 children, there is a minimum outdoor play space of 75 square feet per child for the total licensed capacity.
• (B) When a center is licensed for 24 or more children, there is 75 square feet of outdoor play space per child for at least one-third of the total number for which the center is licensed, provided that the minimum amount of outdoor space will accommodate 24 children, which is 1800 square feet.  In addition:
• (i) a time schedule is planned to ensure that, weather permitting, every child has an opportunity for outdoor play each day;
• (ii) a copy of the current schedule is submitted to OKDHS; and
• (iii) a copy of the current schedule is accessible so that parents and staff members are aware of the outdoor play periods.