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.
DCF 250.06(7)(a)5.
5. The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.
DCF 250.06(7)(a)6.a.
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
DCF 250.06(7)(a)6.b.
b. A door or stairway leading to a platform or roof with railings complying with sub.
(2) (g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.
DCF 250.06(7)(a)6.c.
c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of a tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.
DCF 250.06(7)(a)6.d.
d. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd.
6. a. and
b. DCF 250.06(7)(a)7.a.
a. The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
DCF 250.06(7)(a)7.b.
b. The secondary exit shall be either a door or stairway leading to the ground level or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.
DCF 250.06(7)(b)1.1. Every closet door latch shall be capable of being opened by children from inside the closet.
DCF 250.06(7)(b)2.
2. Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.
DCF 250.06(7)(b)3.
3. Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.
DCF 250.06(9)(a)(a) Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.
DCF 250.06(9)(b)
(b) Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.
DCF 250.06(9)(c)
(c) Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs, and dairy products shall be from an inspected source.
DCF 250.06(9)(d)
(d) Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.
DCF 250.06(9)(e)
(e) Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.
DCF 250.06(9)(f)
(f) Food shall be provided based on the amount of time children are in care, as specified in Table 250.06.
DCF 250.06(9)(g)
(g) Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.
DCF 250.06(9)(h)
(h) At a minimum, children shall be provided food for each meal and snack that meets the U.S. department of agriculture child and adult care food program minimum meal requirements.
DCF 250.06(9)(i)
(i) Additional portions of vegetables, fruits, bread, and milk shall be available.
DCF 250.06(9)(j)
(j) Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children shall be retained for 3 months.
DCF 250.06(9)(k)
(k) When food for a child is provided by a child's parent, the licensee shall give the parent information about the requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.
DCF 250.06(9)(L)
(L) A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.
DCF 250.06(9)(m)
(m) A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child's physician and upon the request of the parent.
DCF 250.06(9)(n)
(n) A special diet based on a food allergy may be served upon the written request of the parent.
DCF 250.06(11)(a)
(a)
Requirement for outdoor play space. A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.
DCF 250.06(11)(b)
(b)
Required features of outdoor play space. Except when an exemption is requested and approved by the department under par.
(c), a center shall comply with all of the following requirements for outdoor play space:
DCF 250.06(11)(b)2.
2. There shall be at least 75 square feet of outdoor play space for each child using the space at a given time. A center with a licensed capacity of 8 children is required to have a minimum of 600 square feet.
DCF 250.06(11)(b)3.
3. Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.
DCF 250.06(11)(b)3m.
3m. Wood treated with creosote or pentachlorophenol (PCP), including railroad ties, may not be used in areas accessible to children.
DCF 250.06(11)(b)4.
4. A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.
DCF 250.06(11)(b)5.
5. Concrete and asphalt are prohibited under climbing equipment, swings and slides.
DCF 250.06(11)(c)1.1. In this paragraph, “main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.
DCF 250.06(11)(c)2.
2. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd.
3. for the center's outdoor play space.
DCF 250.06(11)(c)3.
3. A request for an exemption under subd.
2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:
DCF 250.06(11)(c)3.a.
a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.
DCF 250.06(11)(c)3.b.
b. Provides for adequate supervision of the children as specified in Table 250.055.
DCF 250.06(11)(c)3.d.
d. Describes the arrangements to meet the toileting and diapering needs of the children.
DCF 250.06 Note
Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department's Division of Early Care and Education. See Appendix A for addresses of the regional offices.
DCF 250.06(11)(c)4.
4. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
DCF 250.06(11)(c)5.
5. There shall be at least 75 square feet of play space for each child using the space at a given time.
DCF 250.06(11)(c)6.
6. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
DCF 250.06(11)(c)7.
7. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
DCF 250.06(11)(c)8.
8. A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par.
(b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.
DCF 250.06(11)(c)9.
9. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing representative any significant change in any circumstance described in the plan.
DCF 250.06(12)(a)
(a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be enclosed by a 4-foot fence with a self-closing, self-latching door. In addition, all of the following restrictions apply:
DCF 250.06(12)(a)1.
1. If access to the pool is through a gate, the gate shall be closed and locked during the center's hours of operation.
DCF 250.06(12)(a)2.
2. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
DCF 250.06(12)(a)3.
3. Locks shall be located so that the locks cannot be opened by the children.
DCF 250.06(12)(a)4.
4. The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
DCF 250.06(12)(a)5.
5. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.
DCF 250.06(12)(b)
(b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s.
DCF 250.05 (3) and
(4) shall be met.
DCF 250.06(12)(c)
(c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:
DCF 250.06(12)(c)1.
1. The construction and operation of the pool meet the requirements of chs.
SPS 390 and
ATCP 76 for public swimming pools and the beach complies with any applicable local ordinance.
DCF 250.06(12)(c)3.
3. While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:
DCF 250.06(12)(c)4.
4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child's age.
DCF 250.06 Note
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.
DCF 250.06(12)(c)5.
5. A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.
DCF 250.06(12)(c)6.
6. If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.
DCF 250.06 History
History: CR 03-052: cr.
Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (a), (11) (c) 3. b. and (12) (c) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 07-102: am. (1) (a), (b) 2., 3., (2) (e), (3), (6) (b), (c), (7) (a) 6. c., (9) (d), (11) (b) 2., 3., 4., (12) (b), (c) (intro.) and 3. (intro.), cr. (4) (e) and (12) (c) 6., r. (7) (a) 8.
Register December 2008 No. 636, eff. 1-1-09; corrections in (6) (b), (7) (a) 6. c. and (12) (b) made under s.
13.92 (4) (b) 1. and
7., Stats.,
Register December 2008 No. 636; corrections in (6) (a), (b) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2011 No. 668; corrections in (4) (d), (12) (c) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674; correction in (12) (c) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register July 2016 No. 727;
EmR1918: emerg. am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4., eff. 1-30-19;
CR 19-089: am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4.
Register March 2020 No. 771, eff. 4-1-20; correction in (11) (c) 3. b. made under s.
35.17, Stats.,
Register March 2020 No. 772;
CR 20-003: am. (11) (b) 2.
Register July 2020 No. 775, eff. 8-1-20;
CR 21-100: cr. (2) (n), r. and recr. (4) (a), (6), am. (9) (c), (12) (a) (intro.), 4.
Register February 2023 No. 806, eff. 3-1-23; correction in (2) (n) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2023 No. 806.
DCF 250.07(1)(a)(a) A provider shall plan activities so that each child may be or do all of the following:
