Chapter DCF 251

DCF 251.06(10) (10) Washroom and toilet facilities.

DCF 251.06(10)(a) (a) A group child care center shall provide at least the number of washbasins and toilets with plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required toilets.

DCF 251.06(10)(b) (b) When a center is licensed for more than 70 children, one additional toilet shall be provided for each additional 15 children or fraction thereof and washbasins shall be provided in the ratio of one for every 2 additional toilets and urinals or fraction thereof.

DCF 251.06(10)(c) (c) Children under the age of 30 months need not be included when determining the required fixtures under par. (a). However, in all cases, at least one toilet and one washbasin shall be provided.

DCF 251.06(10)(d) (d) If potty chairs are used for children under 30 months of age, the potty chairs shall be provided in a ratio of one for every 4 children or fraction thereof.

DCF 251.06(10)(dm) (dm)

DCF 251.06(10)(dm)1. 1. Toilet rooms and fixtures shall be in a sanitary condition at all times.

DCF 251.06(10)(dm)2. 2. Potty chair receptacles shall be emptied and rinsed after use and the potty chair and receptacle shall be disinfected immediately using a product registered with the U.S. environmental protection agency as a disinfectant that has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

DCF 251.06(10)(e) (e) Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size of the children.

DCF 251.06(10)(f) (f) Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper container shall be provided and accessible to children using the facilities.

DCF 251.06(10)(g) (g) Toilet room door locks shall be openable from the outside and the opening device shall be readily accessible to the staff.

DCF 251.06(10)(h) (h) The hot water temperature may not exceed 120 degrees Fahrenheit for sinks, showers, or bathtubs used by or accessible to children in care.

DCF 251.06(11) (11) Outdoor play space.

DCF 251.06(11)(a) (a) Requirement for outdoor play space. A center shall have outdoor play space if children are present for more than 3 hours per day or if outdoor play is included in the center program.

DCF 251.06(11)(b) (b) Required features of outdoor play space. Except when an exemption is requested and is approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:

DCF 251.06(11)(b)1. 1. The outdoor play space shall be on the premises of the center.

DCF 251.06(11)(b)2. 2. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time.

DCF 251.06(11)(b)3. 3. There shall be at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time except as provided in subd. 4.

DCF 251.06(11)(b)4. 4. The total outdoor play space of a center shall accommodate not less than 1/3 of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The number of children under one year of age need not be included for purposes of computing the minimum required outdoor play space if the center provides spaces in wheeled vehicles such as strollers and wagons equal to the number of children under one year of age.

DCF 251.06(11)(b)5. 5. An energy-absorbing surface, such as loose sand, pea gravel, or pine or bark mulch, in a depth of at least 9 inches is required under climbing equipment, swings, and slides whenever the play equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the equipment. Shredded rubber and poured surfacing shall be installed to the manufacturer’s specifications based on the height of the equipment.

DCF 251.06(11)(b)6. 6. Structures such as playground equipment, railings, decks, and porches accessible to children that have been constructed with CCA treated lumber shall be sealed with an exterior oil based sealant or stain at least every 2 years.

DCF 251.06(11)(b)6m. 6m. Wood containing creosote or pentachlorophenol (PCP), including railroad ties, may not be accessible to children.

DCF 251.06(11)(b)7. 7. The boundaries of the outdoor play space shall be defined by a permanent enclosure not less than 4 feet high to protect the children. 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 251.06(11)(b)8. 8. Concrete and asphalt are prohibited under climbing equipment, swings and slides.

DCF 251.06 Note Note: The Consumer Products Safety Commission has a publication entitled Handbook for Public Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help child care centers build safe playgrounds. To obtain copies of this publication and a related public playground safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov or 1-800-638-2772.

DCF 251.06(11)(bm) (bm) Equipment. Outdoor equipment shall be safe and durable. The outdoor equipment shall be all of the following:

DCF 251.06(11)(bm)1. 1. Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

DCF 251.06(11)(bm)2. 2. Scaled to the developmental level, size, and ability of the children.

DCF 251.06(11)(bm)3. 3. Of sturdy construction with no sharp, rough, loose, protruding, pinching, or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.

DCF 251.06(11)(bm)4. 4. Placed to avoid danger of injury or collision and to permit freedom of action.

DCF 251.06(11)(c) (c) Exemption for off-premises play space.

DCF 251.06(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 251.06(11)(c)1m. 1m. 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 par. (b) for a center’s outdoor play space.

DCF 251.06(11)(c)2. 2. A request for an exemption under subd. 1m. shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following:

DCF 251.06(11)(c)2.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 251.06(11)(c)2.b. b. Provides for adequate supervision of the children as specified in Table 251.055.

DCF 251.06(11)(c)2.c. c. Provides for daily vigorous exercise in the out-of-doors for the children.

DCF 251.06(11)(c)2.d. d. Describes the arrangements to meet the toileting and diapering needs of the children.

DCF 251.06(11)(c)2.e. e. Affirms the center’s compliance with the requirements included in subds. 3. to 6.

DCF 251.06 Note Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.

DCF 251.06(11)(c)3. 3. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.

DCF 251.06(11)(c)4. 4. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.

DCF 251.06(11)(c)5. 5. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.

DCF 251.06(11)(c)6. 6. 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 251.06(11)(c)7. 7. 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 of par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and therefore 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 251.06(11)(c)8. 8. 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 or is no longer 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 251.06(12) (12) Swimming areas.

DCF 251.06(12)(a) (a)

DCF 251.06(12)(a)1. 1. Aboveground and in-ground swimming pools on the premises may not be used by children in care.

DCF 251.06(12)(a)2. 2. Swimming pools shall be enclosed by a 4-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less.

DCF 251.06(12)(a)3. 3. If access to the pool is through a gate, the gate shall be closed and visibly locked during the licensed hours of the center.

DCF 251.06(12)(a)4. 4. 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 251.06(12)(a)5. 5. Locks shall be located so that the locks cannot be opened by children.

DCF 251.06(12)(a)6. 6. 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 251.06(12)(a)7. 7. 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 251.06(12)(am) (am) A beach on the premises may not be used by children in care. Access to a beach shall be controlled so that children may not enter the area.

DCF 251.06(12)(b) (b) A wading pool on the premises may be used if the water is changed and the pool is disinfected daily. Supervision and staff-to-child ratio requirements under s. DCF 251.055 (1) and (2) shall be met.

DCF 251.06(12)(c) (c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by children, if all the following conditions are met:

DCF 251.06(12)(c)1. 1. The construction and operation of the pool shall meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools. A beach shall comply with any applicable local ordinance.

DCF 251.06(12)(c)2. 2. Certified lifesaving personnel shall be on duty.

DCF 251.06(12)(c)3. 3. While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:

DCF 251.06(12)(c)3.a. a. For children under 3 years of age: 1:1.

DCF 251.06(12)(c)3.b. b. For children 3 years of age: 1:4.

DCF 251.06(12)(c)3.c. c. For children 4 and 5 years of age: 1:6.

DCF 251.06(12)(c)3.d. d. For children 6 years of age and older: 1:12.

DCF 251.06(12)(c)4. 4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child’s age.

DCF 251.06 Note Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Appendix A.

DCF 251.06(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 251.06(12)(c)6. 6. If some of the children are in the water and others are not, there shall be at least 2 child care workers supervising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.

DCF 251.06 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; r. and recr. (11), Register, September, 1998, No. 513, eff. 10-1-98; reprinted to restore omitted copy in (11) (b), Register, April, 1999, No. 520; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (title), (1) (a), (2) (h) and (i), (3) (b) and (c), (6) (b) 2., (9) (b) 3. c., 4. b. and (c) 1., (9) (f) 5., (g) 1., c., (10) (a), Table 46.06 (title), (10) (b), (11) (b) 1. and 2. a., (11) (b) 3. and 6. and (c) 2. (intro.), cr. (2) (k) and (L), (6) (b) 3., (9) (c) 3m. and (11) (c) 1m., renum. (11) (b) 2. b. to d. and 3. a. to d. to be (b) 3. to 9., r. and recr. (12) Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (b) 1. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (a), (3) (intro.), (a) to (c), (4) (j), (6) (b) 1., 3., (9) (d) 2. a., (10) (f), (11) (a), (b) 5. to 7., (12) (a), (b) and (c) 3., cr. (9) (a) 1m. and (12) (c) 6., r. and recr. (9) (b) 4. and 5., r. (9) (c) 3. and (11) (b) 9., renum. (12) (c) to be (12) (c) (intro.) and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (12) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (6) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: emerg. am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. (1) (b), cr. (2) (p), r. and recr. (4) (j), cr. (4) (jm), r. and recr. (6), r. (9) (g) 1. a., d., cr. (10) (h), r. and recr. (12) (a), cr. (12) (am) Register February 2023 No. 806, eff. 3-1-23; correction in (2) (p) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 251.07 DCF 251.07 Program.

DCF 251.07(1) (1) Program planning and scheduling.

DCF 251.07(1)(a) (a) Each group child care center shall have a written program of daily activities posted that are suitable for the developmental level of each child and each group of children. The program shall provide each child with experiences that will promote all of the following:

DCF 251.07 Note Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353.

DCF 251.07 Note Note: The standards of quality for school-age programs are addressed in the School-Age Curricular Framework course. More information on this course is available at https://www.wiafterschoolnetwork.org/registry-approved-courses.

DCF 251.07(1)(a)1. 1. Self-esteem and positive self-image.

DCF 251.07(1)(a)2. 2. Social interaction.

DCF 251.07(1)(a)3. 3. Self-expression and communication skills.

DCF 251.07(1)(a)4. 4. Creative expression.

DCF 251.07(1)(a)5. 5. Large and small muscle development.

DCF 251.07(1)(a)6. 6. Intellectual growth.

DCF 251.07(1)(a)7. 7. Literacy.

DCF 251.07 Note Note: With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.

DCF 251.07(1)(b) (b) The program schedule shall be planned to provide a flexible balance each day of:

DCF 251.07(1)(b)1. 1. Active and quiet activities.

DCF 251.07(1)(b)2. 2. Individual and group activities.

DCF 251.07(1)(b)3. 3. Indoor and if the center is in operation more than 3 hours per day, outdoor activities.

DCF 251.07(1)(c) (c) Television may be used only to supplement the daily plan for children. No child may be required to watch television. Other activities shall be available.

DCF 251.07(1)(d) (d) Routines such as toileting and eating and intervals between activities shall be planned to avoid keeping children waiting in lines or assembled in large groups.