DCF 250.055(2)(a)2.
2. All children 7 years of age or older who are not a provider's own children.
DCF 250.055(2)(b)
(b) The maximum number of children that one provider may care for is specified in Table 250.055.
DCF 250.055(2)(c)
(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.
DCF 250.055 Note
Note: For example, if there are 3 children under 2 years of age present at one time and 5 children between the 2 years of age and 6 years of age present, a second provider is required. At no time may the maximum number of children in care exceed 8.
DCF 250.055(2)(d)
(d) When care is provided on a level that is more than 6 feet above or below ground level, no more than 2 children under 2 years of age per provider may be in care.
DCF 250.055 Note
Note: Section
DCF 250.06 (4) (e) requires an interconnected smoke detection system in operating condition if one or more children under 2 years of age will be cared for in a location that is more than six feet above or below the ground level.
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See PDF for table 
DCF 250.055 History
History: EmR1918: emerg. cr., eff. 1-30-19;
CR 19-089: cr.
Register March 2020 No. 771, eff. 4-1-20;
CR 21-100: r. and recr. (2) (d)
Register February 2023 No. 806, eff. 3-1-23.
DCF 250.06
DCF 250.06
Physical plant and equipment. DCF 250.06(1)(a)(a)
Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department's issuance of a license.
DCF 250.06 Note
Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.
DCF 250.06(1)(b)1.1. A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children's use.
DCF 250.06(1)(b)2.
2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.
DCF 250.06(1)(b)3.
3. If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.
DCF 250.06(1)(b)4.
4. There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.
DCF 250.06(2)(a)
(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.
DCF 250.06(2)(b)
(b) Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.
DCF 250.06(2)(c)
(c) Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
DCF 250.06(2)(d)
(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center, and emergency medical service, posted in a location known to all providers.
DCF 250.06(2)(e)
(e) The center's indoor and outdoor child care space shall be free of hazards including any recalled products.
DCF 250.06(2)(f)
(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.
DCF 250.06(2)(g)
(g) Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.
DCF 250.06(2)(h)
(h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.
DCF 250.06 Note
Note: Section
DCF 250.03 (26) defines “premises” as the tract of land on which the center is located, including all buildings and structures on that land.
DCF 250.06(2)(i)
(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
DCF 250.06(2)(j)
(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.
DCF 250.06(2)(k)
(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.
DCF 250.06(2)(L)1.1. A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s.
101.647, Stats.
DCF 250.06(2)(L)2.
2. A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s.
101.149, Stats.
DCF 250.06(2)(m)
(m) The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.
DCF 250.06(2)(n)1.a.a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center
that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center's windows closed.
DCF 250.06(2)(n)1.b.
b. In a center licensed prior to March 1, 2023, a test for radon gas levels shall be conducted no later than September 1, 2023.
DCF 250.06(2)(n)1.c.
c. In a center licensed on or after March 1, 2023, a test for radon gas levels shall be conducted within 6 months prior to providing care for children.
DCF 250.06(2)(n)2.
2. The licensee shall submit a copy of the radon test results under subds.
1. and
5. to the department within 5 days after receipt.
DCF 250.06(2)(n)3.
3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd.
4. b. DCF 250.06(2)(n)4.
4. If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:
DCF 250.06(2)(n)4.b.
b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd.
1. a., and submit radon test results that meet the standard in subd.
3. to the department within 12 months after the date of the test under subd.
1. DCF 250.06(2)(n)5.
5. The licensee shall test radon gas levels in the center every 2 years after the test under subd.
1. or, if a radon mitigation system was installed, every 2 years after the test under subd.
4. b. The test shall be conducted following the procedures specified in subd.
1. a. DCF 250.06(3)(a)
(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:
DCF 250.06(3)(a)2.
2. Ensuring that the needs of children under age 2 and children with disabilities are met.
DCF 250.06(3)(a)4.
4. Connecting children with their parents if the center is required to evacuate the building.
DCF 250.06(3)(b)
(b) The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April through October, with the children and shall document when the plans were practiced.
DCF 250.06 Note
Note: The licensee may use either the department's form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee's own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 250.06(4)(a)1.1. A center shall have a smoke detector installed according to the manufacturer's instructions and maintained in operating condition at the head of every open stairway, on each level of the center, and in all areas used for nap or rest periods.
DCF 250.06 Note
Note: The smoke detector at the head of an open stairway may also serve as the smoke detector for that level of the center.
DCF 250.06(4)(a)2.
2. A center shall have an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below ground level.
DCF 250.06(4)(a)3.
3. All smoke detectors shall be tested monthly, and a record shall be kept of the time, date, and results of the test. A smoke detector shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.
DCF 250.06 Note
Note: The licensee may use either the department's form,
DCF-F-CFS0460 Safety and Emergency Response Documentation – Family Child Care Centers, or the licensee's own form to record the results of smoke detector tests. The department's form is available at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 250.06(4)(a)4.
4. The battery in a single-station battery-operated smoke detector shall be replaced at least once each year.
DCF 250.06(4)(b)
(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.
DCF 250.06 Note
Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.
DCF 250.06(4)(c)
(c) Unvented gas, oil or kerosene space heaters are prohibited.
DCF 250.06(4)(e)
(e) The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
DCF 250.06(6)(a)
(a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.
DCF 250.06(6)(b)
(b) If a center gets its water from a private well, the center shall comply with all of the following:
DCF 250.06(6)(b)1.a.a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch.
ATCP 77. The laboratory report shall be available to the department upon request.
DCF 250.06(6)(b)1.b.
b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria.
DCF 250.06 Note
Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website:
www.dnr.wi.gov.
DCF 250.06 Note
Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.
DCF 250.06(6)(b)2.a.a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch.
NR 149. The laboratory report shall be available to the department upon request.
DCF 250.06(6)(b)2.b.
b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L.
DCF 250.06 Note
Note: A list of laboratories certified to test for nitrate can be found on DNR's website:
www.dnr.wi.gov.
DCF 250.06 Note
Note: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the department of safety and professional services to remove nitrate, and water from a public water system that meets drinking water standards.
DCF 250.06(6)(b)3.a.a. The center shall have the well tested for lead every 5 years using a laboratory certified by the department of natural resources under ch.
NR 149. The laboratory report shall be available to the department upon request.
DCF 250.06(6)(b)3.b.
b. If water test results indicate lead levels are above 15 micrograms per liter (
µg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15
µg/L as confirmed by an additional water test.
DCF 250.06 Note
Note: A list of laboratories certified to test for lead can be found on DNR's website:
www.dnr.wi.gov.
DCF 250.06 Note
Note: Alternative sources of drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.
DCF 250.06(7)(a)2.
2. Each floor or level occupied by children shall have at least 2 exits.
