SECTION 340:110-3-86. Home environment

(a)   Physical conditions.

(1)   Accessibility to licensing staff. All areas of the home are accessible to licensing staff.

(2)   Indoor space. There is minimum indoor space available for routine use by children in child care of not less than 35 square feet per child exclusive of hallways, bathrooms, kitchen, and space not intended for children's use. Rooms used exclusively for napping are not counted toward the capacity.

(3)   Maintenance. The home is in a good state of repair and maintained in a clean and sanitary condition, with operable utilities.

(4)   Toilet facilities. The home has:

(A)   a sink with comfortably warm or tempered running water with the temperature not to exceed 120 degrees Fahrenheit;

(B)   an operable toilet available for children's use;

(C)   soap for hand-washing and individual use towels; and

(D)   toilet paper within easy reach of children.

(5)   Hazards. The premises are free of hazards, indoor and out.

(A)   All medicines, cleaning products, hazardous items, and smoking materials are inaccessible to children.

(B)   The premises are free of illegal drugs and paraphernalia.

(C)   Clear glass doors are plainly marked at the child's eye level to avoid accidental impact.

(D)   All stairways with four or more steps have a railing. Indoor stairways are made inaccessible when infants and toddlers are in care.

(6)   Weapons. All weapons are stored unloaded in a locked container, cabinet, or closet. Ammunition is stored in a locked area separate from weapons.

(7)   Trampolines. The use of trampolines by children in care is prohibited.

(8)   Lighting and ventilation. Rooms used by children are lighted enough to accommodate activities with comfort and allow the caregiver to see children's facial features at all times. Rooms used by children are ventilated.

(9)   Tobacco products. When children are in care, smoking is prohibited inside the home and in the presence of children. Other tobacco products are not used in the presence of children or in areas designated for children's use. Parents are informed upon enrollment of the presence of smokers in the home.

(10)   Indoor temperature. The indoor temperature is maintained between 65 and 80 degrees Fahrenheit.

(11)   Screens. When windows or doors are kept open, screens are maintained to minimize the entry of insects.

(12)   Outdoor play safety. There is an outdoor play area on the premises of not less than 75 square feet per child.

(A)   This area must be hazard free, away from traffic, water, and other dangers.

(B)   A fence beginning at ground level and is in good repair is required. Licensing may grant an exception when the safety of children can be ensured.

(13)   Outdoor play. Children play outdoors daily when weather conditions do not pose a significant health risk.

(14)   Fire safety. The home complies with all fire safety requirements, per Oklahoma Administrative Code (OAC) 340:110-3-97.

(15)   Water supply and waste disposal. Water supply, sewage disposal, and solid waste disposal meet local city ordinances and Oklahoma Department of Environmental Quality regulations.

(16)   Water testing. When not on a public water supply, water is tested initially and annually for lead, bacteria, and nitrates.

(17)   Questionable conditions. If the fire, safety, or health conditions are questionable, the appropriate state or local agency is requested to inspect the home.

(b)   Water safety.

(1)   Supervision. Any play activity involving water is supervised constantly.

(2)   Accessibility of ponds, pools, and hot tubs. No ponds, pools, or hot tubs are left accessible to children.

(3)   Fencing. Pools are fenced to prevent unsupervised access. All doors and gates leading to the pool are locked. There is:

(A)   a sturdy fence at least four feet high and cannot be easily climbed; or

(B)   a fence connecting to the top of an above-ground pool and extending two feet above the pool.

(4)   Wading pools. The use of portable wading pools is prohibited.

(5)   Swimming. In accordance with Oklahoma law, swimming pools used by the child care home are considered public bathing places and must be in compliance with the water quality, occupancy, and fencing standards in Design Standards and Operational Criteria for Public Bathing Places, Oklahoma State Department of Health Engineering Bulletin. This includes wading pools, water parks, in-ground pools, and above-ground pools. When children swim in a pool:

(A)   the caregiver is at or in the water and is appropriately dressed to enter the water at any time;

(B)   an individual with a Community Water Safety Certificate or a comparable certificate as approved by Licensing is in attendance at all times; and

(C)   the adult to child ratio for:

(i)   infants and toddlers is one adult to one child. This adult is not counted in any other adult-child ratios. The adults remain in direct physical contact with infants at all times during swimming or wading; and

(ii)   children two years and older is in accordance with OAC 340:110-3-84(a) through (d) for family child care homes and OAC 340:110-3-97.1(e) for large family child care homes. When four or more children are two years of age through three years of age, one additional adult is required.

(6)   Restrictions.

(A)   The use of hot tubs by children in care is prohibited. The hot tub must be equipped with a hard cover.

(B)   Swimming and wading is not permitted at a lake, pond, or other body of water.

(c)   Animals and household pets.

(1)   Patrons are advised of the presence of animals.

(2)   Animals are in good health, do not show evidence of carrying disease, are friendly, and do not present a threat to the health, safety, and well-being of children.

(3)   All contact between animals and children is supervised by a caregiver who is close enough to remove the child immediately if the animal shows signs of distress or the child shows signs of treating the animal inappropriately.

(4)   Documentation of current rabies vaccinations administered by a licensed veterinarian for dogs and cats is filed on the premises.

(5)   Ferrets, turtles, and any wild or dangerous animals are kept in an area inaccessible to children.

(6)   Reptiles, such as crocodiles, alligators, poisonous snakes and lizards, pythons, and boa constrictors, are not kept on the premises.

(7)   Animals are restricted from areas where food is prepared or served and from children's sleeping surfaces.

(8)   Animal litter boxes are not located in food preparation areas and are not easily accessible to children in other areas of the home.

(9)   Outdoor play areas are cleaned of animal waste before children play outside.

(10)   If an animal bites a child and the skin is broken, the child's parent is contacted immediately. The licensing staff and the county or state department of health are notified within 24 hours.

(d)   Emergency procedures. Emergency procedures are required per OAC 340:110-3-86.1.

(e)   Overnight care. Overnight care can only be provided by a caregiver who is licensed at his or her primary residence.

[Source: Amended at 10 Ok Reg 107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended at 17 Ok Reg 1607, eff 5-25-00; Amended at 22 Ok Reg 35, eff 10-1-04 (emergency); Amended at 22 Ok Reg 921, eff 5-12-05; Amended at 25 Ok Reg 22, eff 10-1-07 (emergency); Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 34 Ok Reg 200, eff 11-22-16 (emergency); Amended at 34 Ok Reg 1652, eff 9-15-17]