(a) Location and construction. The program shall be located in an area which offers minimum hazards to the health, safety and welfare of the children.

• (1) The facility shall comply with the building codes and food service regulations applicable at the issuance of its license.
• (2) Heating and cooling systems shall be operable and meeting fire safety requirements [see 340:110-3-49.7].
• (3) Any alteration, addition or new construction shall comply with current requirements.
• (A) Paint containing lead in excess of 0.06 per cent shall not be used when surfaces are repaired or when any new surfaces accessible to children are painted.
• (B) Construction, remodeling or alterations of structures taking place during a program's hours of operation shall be done in a manner that prevents hazards or unsafe conditions, e.g., fumes, dust, safety hazards.
• (4) A program shall have approval from the health department if meals are prepared and served and from the fire department.
• (5) A warm, dry properly ventilated basement may be used if approved by the fire official.

(b) Auxiliary spaces. The program shall comply with the requirements regarding auxiliary spaces contained in this subsection.

• (1) Capacity.  The areas listed in this subsection are auxiliary spaces and shall not be counted in determining the capacity of the program:
• (A) bathrooms and kitchens;
• (B) offices, teachers' lounges and work rooms, and hallways;
• (C) rooms used exclusively for the care of ill children;
• (D) areas used exclusively for eating, napping or large muscle play;
• (E) storage closets, supply rooms; and
• (F) space occupied by furniture not for children's use.
• (2) Toileting and handwashing facilities.  Toileting and handwashing facilities shall:
• (A) be located in the same building where the children are in the program;
• (B) be easily accessible to children and staff;
• (C) contain operable flushing toilets and hand sinks in good repair;
• (D) be maintained in a clean and sanitary condition with adequate ventilation;
• (E) contain toilet paper within easy reach of children;
• (F) have non-absorbent floor surfaces in toilet areas;
• (G) have hand sinks with hot and cold or tempered running water (the temperature between 100 and 120 degrees F.). If the temperature exceeds 120 degrees, a tempered valve shall be used;
• (H) contain soap for handwashing within easy access of children;
• (I) contain individual sanitary towels or mechanical hand dryers and waste containers within easy access of children;
• (J) have one toilet and one sink for every 15 children;
• (K) potty chairs to facilitate toilet training for children which shall not be counted as meeting the required number of toilets.
• (L) empty and sanitize potty chairs immediately after each use;
• (M) have bathroom doors which need not be self-closing. However, when a bathroom is used only by preschool children, bathroom doors are not required; and
• (N) rooms in which children under three years of age are in diapers, have an operable sink with hot and cold or tempered water, either in the same room or in a bathroom that opens directly into the room.  [See 340:110-3-47(b)(6).]
• (3) Kitchens.  Kitchens shall be a separate area built, remodeled or arranged in such a way as to discourage unsupervised access by children or unauthorized persons.

(c) Safety and sanitation.  The program shall comply with the safety and sanitation requirements contained in this subsection.

• (1) Physical environment.  The program shall:
• (A) maintain a structurally sound interior and exterior in good exterior in good repair, e.g., walls and ceilings free from holes, peeling paper and paint;
• (B) provide barriers with openings of no more than four inches on porches, elevated walkways and elevated play areas of more than two feet in height;
• (C) provide railings for stairways of four or more steps, both steps, both inside and outside;
• (D) maintain floors free of broken tile, torn carpet and holes;
• (E) maintain windows and doors free of broken glass and/or other hazards;
• (F) mark clear glass doors at children's eye level;
• (G) maintain window and door screens to minimize entry of insects;
• (H) provide self-closing apparatus on all screen and storm doors;
• (I) maintain an indoor temperature between 65 and 85 degrees F.;
• (J) maintain lighting levels that are bright enough to accommodate activities with comfort and allow staff to see children's facial features at all times.
• (K) be kept clean and sanitary at all times by:
• (i) cleaning up spills and soil immediately;
• (ii) sweeping and/or mopping floors daily;
• (iii) vacuuming carpets and spot-cleaning as needed;
• (iv) wet scrubbing carpeting when visibly soiled;
• (v) cleaning walls and ceilings when visibly soiled;
• (L) be kept free of vermin infestation including rodents and insects;
• (M) provide a room or space in which children who become ill can be separated from other children; and
• (N) prohibit the use of tobacco products on the premises during program hours. (If smoking is permitted outside the facility, it shall be limited to a designated area out of the presence of children.)
• (2) Emergency preparedness.  The program shall:
• (A) have immediate access to an operable direct-line telephone for both incoming and outgoing calls;
• (B) post by each telephone the name and address of the facility and a list of emergency phone numbers to include the fire department, police department, ambulance service, medical resource to be used and poison control (1-800-522-4611); and
• (C) conduct and document a fire drill on an average of one time each month a program is in session and a tornado drill each spring.
• (3) Hazards.  The program shall:
• (A) be free of hazards;
• (B) store cleaning materials, detergents, aerosol cans, pesticides, health and beauty aids, poisons and other toxic materials in their original labeled containers so that they are inaccessible to children; if smaller containers are used for these products, they shall be properly labeled with the product name, and warning information shall be maintained at the facility;
• (C) store medicines, cleaning solvents, and/or hazardous items so that they are inaccessible to children and in a manner which prevents contamination of food;
• (D) ensure that firearms, pellet or BB guns, bows and arrows, darts, cap guns or fireworks are inaccessible to children; firearms shall be stored unloaded in a locked cabinet separate from ammunition;
• (E) keep all compressed gas cylinders used for helium or other gases secured in such a way as to prevent the cylinders from falling over;
• (F) ensure that electrical cords are inaccessible to infants and toddlers;
• (G) remove any plant that is toxic from any area that is accessible to children;
• (H) ensure that pesticides or other toxic chemicals are used in strict compliance with label instruction and applied when children are not present; and
• (I) keep containers or buckets of standing liquid inaccessible to children unless as part of a planned and supervised learning activity.
• (2) Animals. If animals are kept on the premises, the program shall comply with the requirements in (A)-(M) of this paragraph.
• (A) Parents shall be advised of the presence of animals.
• (B) Any pet or animal present at the facility, indoor or outdoors, shall be in good health, show no evidence of carrying disease, be friendly toward children, and present no threat to the health, safety and well-being of children.
• (C) Animals shall be maintained in a visibly clean manner.
• (D) Any animal, including birds, hamsters, dogs, cats, etc., having evidence of disease, e.g., diarrhea, skin infection, severe loss of appetite, weight loss, lethargy or any unusual behavior or symptoms, shall be isolated and examined by a licensed veterinarian.
• (E) Local ordinances pertaining to animals on the premises shall be followed.
• (F) Dogs and cats shall be vaccinated for rabies and maintained on a flea, tick and worm control program.
• (G) When vaccination are required, proof of current compliance of current compliance shall be kept on file.
• (H) No ferrets, turtles, birds of the parrot family or any wild or dangerous animal shall be kept at the program.
• (I) Animals shall be restricted from areas where food is stored, being prepared and/or served.
• (J) Areas of confinement, i.e., cages, pens, shall be cleaned of excrement daily.
• (K) Animal litter boxes shall not be located in kitchens or areas accessible to children.
• (L) Outdoor play areas shall be cleaned of excrement daily or more often as needed.
• (M) In the event that an animal bites a child and the skin is broken, the program shall immediately notify the child's parent and the county or state health department and document this in the program's records.

(d) Licensed capacity.  The total licensed capacity of a part-day program is determined by separately computing the capacities for indoor space, outdoor space and bathroom facilities. The licensed capacity shall not exceed the lowest computed capacity for indoor space, outdoor space and bathroom facilities. The maximum number of children being cared for by the facility, on or off the premises at any one time, shall not exceed the number of children specified on the license.

• (1) Indoor play space. Programs shall comply with the requirements for indoor space contained in this paragraph.
• (A) Programs shall have a minimum indoor play space of 35 square feet of floor area per child which is routinely used by children. This does not include auxiliary spaces.
• (B) No room shall be routinely occupied by more children than can be accommodated at 35 square feet per child. Play space that cannot accommodate children at 35 square feet per child may be used for a limited period of time.
• (C) A large area, such as a gymnasium, may be used in addition to other space. However, it may be counted toward the licensed counted toward the licensed capacity for preschool and school age children only if it is divided into well-defined areas that are appropriately equipped.
• (3) Outdoor play space.  The program shall meet the requirements for outdoor play space contained in (A)-(D) of this paragraph.
• (A) When a program is licensed for less than 24 children, there shall be a minimum outdoor play space of 75 square feet per child for the total licensed capacity.
• (B) When a program is licensed for 24 or more children, there shall be 75 square feet per child of outdoor play space for at least one-third of the total number for which the program is licensed, provided that the minimum amount of outdoor space will accommodate 24 children (1800 square feet).
• (C) Part-day programs operating prior to the effective date of the requirements in this Part may request an exemption from the requirements contained in (A) - (B) of this paragraph if no child attends for more than three hours a day.
• (D) Programs licensed for 24 or more children providing outdoor play space of less than 75 square feet per child shall:
• (i) plan a time schedule to show when every group of children is outdoors so that every child has an opportunity for outdoor play each day;
• (ii) submit a copy of the current schedule to the Department; and
• (iii) post a copy of the current schedule so that parents and staff members are aware of the outdoor play periods.