Rule-making Standards and Procedures

7.702.72 Play-Equipment and Materials

A. Equipment and materials must be provided for both indoor and outdoor play.

B. Outdoor play equipment must meet the following requirements:

1. Swings must have seats made of a flexible material.

2. Moving equipment must be located toward the edge or corner of a play area or be designed in such a way as to discourage children from running into the path of the moving equipment.

3. Metal equipment must be placed in the shade when possible and must be arranged so that children playing on one piece of equipment will not interfere with children playing on or running to another piece of equipment.

4. The maximum height of any piece of playground equipment is SIX (6) feet if accessible to children 2-1/2 to 6 years of age, and THREE (3) feet if accessible to children under 2-1/2 years of age.

5. All pieces of playground equipment must be designed to guard against entrapment and strangulation.

6. ANY PERMANENTLY INSTALLED OUTDOOR CLIMBING EQUIPMENT OR PORTABLE CLIMBING EQUIPMENT EIGHTEEN (18) INCHES OR HIGHER MUST HAVE PROTECTIVE SURFACING, MEETING CURRENT FEDERAL SAFETY REQUIREMENTS, UNDERNEATH AND IN THE USE ZONE SURROUNDING THE EQUIPMENT, AND INSTALLED ACCORDING TO MANUFACTURER INSTRUCTIONS.

67. All pieces of permanently installed playground equipment must be surrounded by a resilient surface of a depth of at least four (4) inches. By January 1, 2003, FOR Equipment over THREE (3) feet IN HEIGHT, resilient material must be a depth of at least SIX (6) inches. Rubber Mats manufactured for such use consistent with the guidelines of the Consumer Product Safety Commission may be used in place of resilient material for both equipment heights MUST MEET CURRENT FEDERAL SAFETY STANDARDS. WRITTEN DOCMENTATION FROM MANUFACTURER MUST BE AVAILABLE FOR REVIEW AT ALL TIMES.

78. Sand used as a resilient surface must be raked regularly to retain its resiliency and to retain a depth of AT LEAST SIX (6) inches.

89. DEPARTMENT APPROVED RESILIENT SURFACING INCLUDES LOOSE FILL MATERIALS SUCH AS WOOD CHIPS, WOOD MULCH, ENGINEERED WOOD FIBER, PEA GRAVEL, SYNTHETIC PEA GRAVEL, SHREDDED RUBBER TIRES, AND FINE LOOSE SAND. SOLID UNITARY MATERIALS INCLUDE POURED IN PLACE SURFACING, APPROVED RUBBER MATS, PLAYGROUND TILES, AND ASTRO TURF WITH BUILT IN RESILIENT PAD. The use of any materials under permanently installed playground equipment other than wood chips, wood mulch, engineered wood fiber, pea gravel, synthetic pea gravel, shredded rubber tires, and fine loose sand must be approved by the Department.

C. The center must have enough play materials and equipment so that at any one time each child for whom the center is licensed can be individually involved. Separate play rooms or separate interest centers must be provided for each category of equipment required for the program. A variety of material and equipment from the following categories must be available.

1. Art Supplies;

2. Blocks and Accessories;

3. Books and Posters;

4. Dramatic Play Area;

5. Large Muscle Equipment;

6. Manipulative Toys;

7. Musical Equipment;

8. Science Materials.

D. If the center serves school-age children, it must have some age-appropriate materials and equipment from each of the following categories:

1. Arts and Crafts;

2. Games;

3. Sports;

4. Science;

5. Library.

E. An appropriate supply of play materials must be readily accessible to children and must be arranged in an orderly manner so that children can select, remove, and replace the play materials either independently or with minimum assistance.
F. Toys, and toy parts, FURNISHINGS, EQUIPMENT AND MATERIALS accessible to children under THREE (3) years of age OF AGE OLD must NOT be large enough that they cannot be swallowed A CHOKE HAZARD or ABLE TO BE inhaled. ANY AREA OF THE FACILITY ACCESSIBLE TO CHILDREN UNDER THREE (3) YEARS OF AGE OLD MUST BE FREE OF ANY CHOKE OR INHALATION HAZARDS.
G. Toys, TOY PARTS, FURNISHINGS, EQUIPMENT AND MATERIALS made of brittle, easily breakable plastic OR GLASS are not permitted for children under LESS THAN FIVE (5) YEARS OF AGE.

H. In the infant nursery PROGRAM, some play equipment from the following list must be provided: mobiles, rubber washable toys, rattles, blocks, balls, record player, radio, tape player.

I. In the toddler nursery PROGRAM, some play materials easily accessible to children must be provided from each of the following categories:

1. Gross Motor Development;

2. Fine Motor Development;

3. Language Development;

4. Social Interaction.

J. Drop-in child care centers must provide access to indoor large muscle equipment, including, but not limited to, an indoor climbing structure with resilient surface underneath, an open area for indoor large muscle games, and must provide large muscle activities at least two times during each six (6) hour period of time.

K. DROP-IN CENTERS PROVIDING AN INDOOR CLIMBING STRUCTURE MUST HAVE PROTECTIVE SURFACING UNDERNEATH AND IN THE USE ZONE SURROUNDING THE EQUIPMENT MEETING CURRENT FEDERAL SAFETY REQUIREMENTS.

7.702.73 Rest Time Equipment [Rev. eff. 4/1/15]

A. A firm cot or two (2) inch mat with a sheet and blanket or other suitable covering must be provided for each preschool child remaining in the center more than four (4) FIVE (5) hours.

B. Cots or pads must be spaced at least two (2) feet apart on all sides during rest time. Children must have a safe area in which to rest.

C. When the room provided for rest is used for other program activities, the cots, pads, and linens must be stored in an area that is not included in the required square footage assigned for play space.

D. In rooms used for napping, the light must be dim at nap time to promote an atmosphere conducive to sleep.

E. In the toddler nursery ROOM, a crib, CRIB, sleeping cot, or two (2) inch mat must be provided for each child, and there must be a minimum of two (2) feet between each crib or CRIB OR cot. Aisles between cots or cribs OR CRIBS must be kept free of all obstructions while cribs are CRIBS ARE occupied. No child under the age of two (2) years should use a cot for sleeping without written permission of the parent or guardian.

1. Individual cribs must provide each toddler with sufficient space for the toddler's length, size, and movement, and must meet federal Consumer Product Safety Commission standards. Each crib must be fitted with a firm, comfortable mattress and heavy plastic sheeting or other type of waterproof material. If individual cribs are used, they must be separated by a sturdy divider from the area used for activities.

2. Sleeping cots and mats must be of firm construction and in good repair.

F. In the toddler nursery ROOM, a sheet and a blanket or suitable covering must be provided for each child to be used only by that child.

7.702.8 BUILDINGS AND FACILITIES

7.702.81 Building Site

A. General

1. Centers can be located in a private residence only when that portion of the residence to which children have access is used exclusively for the care of children during the hours the center is in operation or is separate from the living quarters of the family.

2. No other business can operate in the rooms used by the center during the hours of child care.

3. Rooms licensed for specific ages of children cannot be used for other ages of children without the prior written approval of the licensing authority.

B. Infant Nursery PROGRAMS

1. The infant nursery PROGRAM must be located on the grade level.

2. If the infant nursery PROGRAM is in the same building as a facility caring for children of other ages, the infant nursery PROGRAM must be physically separated in different rooms.

C. Toddler Nursery PROGRAM

1. The toddler nursery PROGRAM must be located on grade level.

2. If the toddler nursery PROGRAM is combined with a large child care center or an infant nursery PROGRAM, toddler facilities, both indoor and outdoor, must be completely separate from facilities for other age groups, except as allowed by Section 7.702.83, B, 8 and 9. If the facility wishes to provide opportunities for a toddler to have occasional contact with siblings, plans must be approved by the department licensing representative.

3. A toddler nursery PROGRAM located in a drop-in child care center licensed for five (5) or fewer toddlers may be separated from the rest of the center by a five (5) foot wall.

7.702.82 Building Plans and Construction

A. The center must comply with applicable state and local building code and zoning regulations.

B. Prior to construction, architectural plans for new buildings or for extensive remodeling of existing buildings must be submitted for review and approval by the department, the local fire department, and the local building department as to appropriateness, adequacy, and suitability for child care functions.

7.702.83 Space Requirements

A. Indoor Area Requirements

1. There must be open, indoor play space of at least THIRTY (30) square feet of floor space per child, including space for movable furniture and equipment. Indoor space must be exclusive of kitchen, toilet rooms, office, staff rooms, hallways and stairways, closets, laundry, furnace rooms, and space occupied by permanent built-in cabinets and permanent storage shelves inaccessible to children.

Child care centers in operation prior to January 1, 1966, and which continue operation under the same governing body, must provide open indoor play space of at least TWENTY FIVE (25) square feet of floor space per child, including space for readily movable furniture and equipment, and with the exclusions noted in the preceding paragraph.

2. Adequate storage space must be provided for indoor and outdoor equipment and supplies. Space for reserve supplies must be in addition to the designated space allotment for children's play activities.

3. There must be at least 1 diaper change area for each 20 or fewer children in need of diaper changing. Diaper change areas must be located and arranged so as to provide privacy for older children in need of diaper changing. See also Section 7.702.63, B.

4. Number of Children Allowed in One Room

AGE OF CHILDREN	MAXIMUM NUMBER OF CHILDREN IN A ROOM
6 weeks to 18 months	10 infants
12 months to 18 months	10 infants
12 months to 36 months	20 toddlers
18 months to 24 months	20 toddlers
24 months to 36 months	28 toddlers
30 months to 36 months	28 toddlers

Toddler centers licensed prior to 7/1/89 are exempt from the room size requirement.

5. Square Footage Requirement per Child

AGE OF CHILD	SEPARATE FREE PLAY AREA	SEPARATE SLEEP AREA	COMBINED SLEEP AND PLAY AREA
6 weeks to 18 months (infants)	35 square feet	adequate space to accommodate size of cribs and needs of infants and staff	50 square feet
12 months to 36 months (toddlers)	30 square feet	30 square feet	45 square feet
2 1/2 years to 5 years (preschool)	-	-	30 square feet
5 years and over (school-age)	-	-	30 square feet

6. In the infant nursery PROGRAM, the minimum indoor space per infant for sleep and activities is FIFTY (50) square feet. This space is exclusive of kitchen, toilet rooms, office, staff rooms, hallways and stairways, closets, laundry, furnace rooms, and space occupied by permanent built-in cabinets and storage shelves.

a. If a separate sleep room is provided, it must have enough square footage that all babies and cribs are easily accessible to staff members. The activity room must contain at least THIRTY FIVE (35) square feet per child.

b. If a combination sleep/activity room is used, the sleep area must be separated by a sturdy divider from the area used for activities, and cribs must be arranged so that all babies and cribs are easily accessible to staff members.

B. Outdoor Area Requirements

1. The center must provide an outdoor play area that is adjacent to or safely accessible to the indoor facilities. When the area is not adjacent, staff members must accompany children to and from the play area. Drop-in child care centers are not required to provide an outdoor play area.

2. The outdoor play area must provide a minimum of 75 square feet of space per child for a group of children using the total play area at any one time. The total play area must accommodate at least 33 percent of the licensed capacity of the center or a minimum of 1500 square feet, whichever is greater.

3. The play area must be fenced or have natural barriers, such as hedges or stationary walls at least 4 feet high, to restrict children from unsafe areas.

4. The play area must be designed so that all parts are visible and easily supervised.

5. The playground area must have at least TWO (2) different types of surfaces. Each type of surface must cover at least 10 percent of the playground area.

6. A shaded area in the fenced play area of at least 150 square feet must be provided by means of trees or other cover to guard children against the hazards of excessive sun and heat.

7. In the infant nursery PROGRAM, the outdoor play area must be a minimum of 400 square feet.

8. In the infant nursery PROGRAM, the outdoor area can be used by other age groups at the center, but it must not be used by any other group of children while infants are using it.

9. THE TOTAL OUTDOOR PLAY AREA FOR TODDLER AGE GROUPS MUST BE A MINIMUM OF SEVEN-HUNDRED-FIFTY (750) SQUARE FEET IF LICENSED FOR TEN (10) TODDLERS AND ONE-THOUSAND-FIFTY (1050) IF LICENSED FOR FOURTEEN (14) OR MORE TODDLERS OR SEVENTY-FIVE (75) SQUARE FOOT PER CHILD FOR THE LARGEST GROUP SIZE FOR WHICH THE PROGRAM IS LICENSED.

910. In the toddler nursery PROGRAM, the outdoor play area can be shared by infants, but infants and toddlers must not be allowed to use the play area at the same time.

7.702.84 Food Preparation Area

A. See the “Rules and Regulations Governing the Sanitation of Child Care Centers in the State of Colorado.”

B. Infant and Toddler Nurseries PROGRAMS

1. A table, counter, or shelf, separate from the diaper changing area, must be available for preparing infants' and toddlers' food.

2. The nursery PROGRAM must prepare formula or food in the center's kitchen, or the nursery must have a second sink or a covered commercial container with a spigot for preparation of formula and food.

7.702.85 Toilet Facilities

A. Toilet facilities for the staff and other adults must be in separate compartments or separated by a partition from children's facilities, except in centers licensed for THIRTY (30) or fewer children and in centers with programs of FOUR (4) hours or less.

B. Toilet rooms for children must be separate from rooms used for other purposes and must be located on the same floor as the inside play area.

C. A minimum of one (1) lavatory and one (1) flush toilet must be provided for each 15 or fewer children. Drop-in child care centers must provide a minimum of one 1 lavatory and one 1 flush toilet for each 20 or fewer children.

D. The same toilet facilities must not be used simultaneously by school-age children of both sexes, and toilets for school-age children must be separated by partitions to provide privacy.

E. Toilet facilities are not required for children under TWO (2) years of age.

F. Toilet facilities must be provided for children TWO (2) years of age and older.

G. Toilet rooms for children must be located within the toddler nursery CLASSROOM. except that Drop-in child care centers need not provide a toilet in the toddler nursery CLASSROOM if the facility is licensed for ten (10) or fewer toddlers. A diaper change table and hand washing sink is required in every toddler nursery CLASSROOM MEETING REQUIREMENTS AT SECTION 7.702.63, B.

H. EACH INFANT CLASSROOM MUST HAVE ONE DIAPER CHANGING STATION AND HAND WASHING SINK MEETING REQUIREMENTS AT SECTION 7.702.63, B.

I. ONE DESIGNATED DIAPER CHANGE AREA IS REQUIRED FOR EVERY TWENTY-FOUR (24) PRESCHOOL AGE CHILDREN.

7.702.86 Office Facilities

A. Office space separate from areas used by children, other than for isolation purposes, must be provided for staff to perform administrative duties.

B. The office must have sufficient space for maintenance and safe storage of children's and staff records and the center's business records.

7.702.9 FIRE AND OTHER SAFETY REQUIREMENTS

7.702.91 General Requirements [Rev. eff. 6/1/12]

A. Buildings must be kept in good repair and maintained in a safe condition.

B. Major cleaning is prohibited in rooms occupied by children.

C. Volatile substances such as gasoline, kerosene, fuel oil, and oil- based paints, firearms, explosives, and other hazardous items must not be stored in any area of the building used for child care. Plastic bags and sharp tools and instruments must be stored in areas inaccessible to children.

D. Combustibles such as cleaning rags, mops, and cleaning compounds must be stored in well-ventilated areas, separated from flammable materials, and stored in areas inaccessible to children.

E. All heating units, gas or electric, must be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters can be used for heating purposes. All heating elements, including hot water pipes, must be insulated or installed in such a way that children cannot come in contact with them.

F. Nothing flammable or combustible can be stored within 3 feet of a furnace or hot water heater.

G. In rooms used by children, all electrical outlets that are accessible to children must have protective covers, or safety outlets must be installed.

H. Except in part-day preschools, permanently located battery-powered lights must be provided in locations readily accessible to staff in the event of electric power failure. Batteries must be checked regularly.

I. Closets, attics, basements, cellars, furnace rooms, and exit routes must be kept free from accumulation of extraneous materials such as discarded furniture, furnishings, newspapers, and magazines.

J. Children under TWO (2) years of age must be excluded from the kitchen. When children age TWO (2) and over OLDER prepare food at the center, they may use only equipment and appliances that do not present a safety hazard. Staff-child ratios must be maintained.

K. First Aid supplies must be maintained and made accessible to staff throughout the center and stored in areas inaccessible to children.

L. All outdoor areas available to children's activities must be maintained in a safe condition by removal of debris, dilapidated structures, broken or worn play equipment. The center must identify hazardous, high-risk areas. These areas must be made inaccessible to children.

M. Playground surfaces must be checked on a daily basis for the presence of dangerous or other foreign materials. Playground equipment must be checked for safety on a monthly basis.

N. Window blind cords must be secured out of children's reach to prevent strangulation.

O. ITEMS LABELED “KEEP OUT OF REACH OF CHILDREN” MUST BE INACCESSIBLE TO CHILDREN.

P. STAPLES MUST NOT BE USED IN AREAS ACCESSIBLE TO CHILDREN UNDER THREE (3) YEARS OF AGE.

Q. THUMB TACKS MUST BE INACCESSIBLE TO CHILDREN.

7.702.92 Fire Safety

A. Every building and structure must have sufficient exits to permit the prompt escape of occupants in case of fire or other emergency. Additional safeguards must be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure.

B. Every building or structure must be constructed, arranged, equipped, maintained, and operated as to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from the building or structure in case of fire or other emergency.

C. In every building or structure, exits must be arranged and maintained so as to provide free and unobstructed egress from all parts of the building or structure at all times when it is occupied. No lock or fastening to prevent free escape from the inside of any building can be installed. Only panic hardware or single-action hardware is permitted on a door or on a pair of doors. All door hardware must be within the reach of children.

D. No child of less than first grade school level can be cared for in areas above or below the main floor of exit unless allowed by the Uniform Building Code and approved by the local fire department.

E. ONE exit from each room must be directly to the exterior of the building or to a common hallway leading to the exterior. THE EXIT PATH MUST NOT GO THROUGH ANOTHER CLASSROOM TO GET TO THE HALLWAY.

F. Each center must have at least TWO (2) approved, alternate means of egress from each floor of the building or to a common hallway leading to the exterior. They must be at different locations.

G. All stairways, interior and exterior, that are used by children must be provided with handrails within reach of the children.

H. If the center has a security lock on outside exit doors, the center must obtain written permission from the local fire department; and there must be a written sign attached to the door instructing center staff that the security lock is not to be utilized when children are present at the center.

I. Every exit must be clearly visible, or the route to reach it must be conspicuously indicated. Each path of escape must be clearly marked.

J. Every building and structure must have an automatic or department- approved manually operated fire alarm system to warn occupants of the existence of fire or to facilitate the orderly conduct of fire exit drills.