Sec. 14.31.06.08. Emergencies and General Safety

A. Emergencies.

(1) The licensee shall:

(a) Hold emergency drills:

(i) At least monthly;

(ii) On each shift, at least quarterly;

(iii) At unexpected times and under varying conditions; and

(iv) Maintain documentation of drills for 3 years;

(b) Post adjacent to all telephones a list of emergency telephone numbers for:

(i) Ambulance;

(ii) Fire;

(iii) Police;

(iv) Poison control; and

(v) Program administrator;

(c) Post accessible copies of the evacuation procedure in conspicuous places on each floor of the physical plant; and

(d) Keep exits free of obstruction or impediments to immediate use.

(2) The licensee shall develop an emergency plan for foreseeable emergencies and disasters that shall include:

(a) Procedures that will be followed before, during, and after an emergency to address the following:

(i) Ensuring that documentation regarding children and staff contains current health, contact persons, and other important information that is immediately accessible in the event of an evacuation;

(ii) Establishing a communication protocol among all appropriate parties that includes redundant communication means; and

(iii) The notification to parent or legal guardian, licensing agency, and placing agency regarding the action that will be taken concerning the safety and well-being of the children served;

(b) The evacuation, transportation, and 72-hour shelter-in-place of children and staff served;

(c) The staff coverage, organization, and assignment of responsibilities that include:

(i) Staff coverage needs for ongoing shelter-in-place or evacuations;

(ii) Identification of staff members available to report for or remain at work for extended periods; and

(iii) Establishment of staff notification and recall contingency plans and procedures;

(d) The continuity of services, including:

(i) Operations, planning, and financial and logistical arrangements;

(ii) Procurement of essential goods, equipment, and services to sustain operations for at least 72 hours;

(iii) Relocation to alternate facilities or other locations; and

(iv) Reasonable efforts to continue care;

(e) Provisions to ensure that the facility’s emergency and disaster plans are shared with local emergency management organizations;

(f) An executive summary of the evacuation procedures that shall be provided, on request, to the family member of a child; and

(g) Provisions to ensure that all staff and volunteers are aware of the procedures required by this chapter and that all staff and volunteers implement each procedure as adopted.

B. General Safety. The licensee shall:

(1) Maintain a written active safety plan;

(2) Document accidents;

(3) Maintain first-aid kits appropriate in size and content to the nature of the program;

(4) Prohibit firearms and chemical weapons on the grounds of or within the physical plant;

(5) Maintain poisonous, toxic, or flammable materials in accordance with appropriate health code standards;

(6) Except under the supervision of staff for use during celebrations, prohibit the use of candles;

(7) Maintain in safe and good repair power-driven equipment;

(8) Ensure that power-driven equipment is used by children only under the direct supervision of an employee and in accordance with State law; and

(9) Ensure that, if animals are kept on the grounds or in the facility:

(a) The animals are, consistent with the local ordinance or State law:

(i) Licensed or registered;

(ii) Vaccinated; and

(iii) Leashed when outdoors;

(b) Children are, when age appropriate, educated regarding the care and grooming of the animal;

(c) Children allergic to the animal are not placed with the licensee;

(d) A responsible adult is always present when an animal is near an infant; and

(e) An animal suspected of becoming dangerous is removed from the grounds and facility.

C. Toys and Equipment. The licensee shall ensure that all toys and equipment used by children are:

(1) Sturdy;

(2) Of safe construction;

(3) Nontoxic;

(4) If used by children younger than 3 years old, large enough so they cannot be swallowed by a child;

(5) Clean; and

(6) In compliance with the standards of the Consumer Product Safety Commission.

D. Transportation. A licensee shall:

(1) Supply transportation necessary to implement the children's individual service plans, including:

(a) The provision of any necessary specialized transportation to accommodate a child who uses medical equipment; and

(b) The capacity to transport children in case of an emergency;

(2) Enhance the safety of children during transportation by ensuring:

(a) The development and enforcement of appropriate written safety rules for transporting children;

(b) Proper registration and maintenance in a safe condition and in conformity with all applicable laws any motor vehicle used for the transportation of children;

(c) Retention of maintenance and repair records on all licensee-owned or leased motor vehicles used for the transportation of the children;

(d) The availability of a first-aid kit in all vehicles used to transport children; and

(e) Compliance with federal and State laws on child restraint;

(3) Ensure that an individual who operates a licensee-owned or leased motor vehicle to transport the children is properly licensed to operate that class of vehicle;

(4) Ensure that the number of individuals in a motor vehicle used to transport the children does not exceed the vehicle's industry-rated capacity;

(5) Assure that any motor vehicle, whether owned by the licensee or a licensee's employee, which is used to transport children is properly insured for that purpose;

(6) Meet any special medical needs that a child may have during transportation, including:

(a) Advising the motor vehicle's operator if a child's health needs may cause difficulties during transportation, such as seizures, tendency towards motion sickness, or a disability; and

(b) For non-ambulatory children in all motor vehicles except automobiles:

(i) Using a ramp device or a hydraulic lift, if a ramp device is also available in case of emergency, to permit entry and exit of the children; and

(ii) Securing wheelchairs to the floor and arranging them with adequate aisle space and access to the exit door; and

(7) Curtail the use of 15-passenger vans for the transportation of children as follows:

(a) Licensee may not acquire or otherwise put into service a 15-passenger van for the transportation of children; and

(b) After January 1, 2006, a licensee may not transport children for any purpose in a 15-passenger van.

E. Swimming Pools, Hot Tubs, and Spas.

(1) If an in-ground swimming pool is located on the grounds of a licensee:

(a) The pool shall be maintained in a safe and sanitary condition;

(b) If a child younger than 8 years old is placed with the licensee, the pool area shall be completely enclosed by a fence that is:

(i) At least 4 feet high; and

(ii) Constructed of wood, concrete, brick, or chain metal; and

(c) When the pool is not in use:

(i) The pool area shall be protected from access by a locked gate; and

(ii) The pool shall be completely covered in a manner to prevent access by a child.

(2) The licensee shall ensure that an above-ground swimming pool located on the licensee's grounds:

(a) Is maintained in a safe and sanitary condition;

(b) Is 4 feet above ground at all points; and

(c) When not in use, has:

(i) A secured cover which prevents access by children, or retractable or removable ladders locked or stored away from the pool;

(ii) Locked doors and gates that access the pool; and

(iii) No climbable objects on the pool's exterior.

(3) The licensee shall allow children to swim:

(a) Only in approved areas; and

(b) Under the supervision of sufficient individuals who:

(i) Are trained in first aid, water safety, and cardiopulmonary resuscitation; and

(ii) Have current senior lifesaving certificates from the American Red Cross or its equivalent.

(4) Hot tubs and spas are prohibited on the grounds of a licensee's facility.

F. Any applicable State, federal, or local requirement shall control in the event of any conflict by any requirement in this chapter.