DCF 251.055 HistoryHistory: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (b), Table, (2) (g) 1. Register February 2023 No. 806, eff. 3-1-23. DCF 251.06DCF 251.06 Physical plant and equipment. DCF 251.06(1)(a)(a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a building inspection report that specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center. DCF 251.06 NoteNote: Local authorities should be consulted to obtain any required zoning clearances or building permits.
DCF 251.06(1)(c)(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open. DCF 251.06(1)(e)(e) If the inside temperature exceeds 80° F., the licensee shall provide for air circulation with fans, with air conditioning, or by other means. DCF 251.06(2)(a)(a) The indoor and outdoor premises shall be free of hazards including any recalled products. DCF 251.06(2)(b)(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them. DCF 251.06(2)(c)(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises. DCF 251.06(2)(d)(d) Materials harmful to children, including power tools, flammable, or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles shall be appropriately labeled and stored in areas inaccessible to children. DCF 251.06(2)(e)(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call. DCF 251.06(2)(f)(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, or other law enforcement agency, poison control center, and emergency medical service in a location known to all providers. In this paragraph, “telephone” does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room. DCF 251.06(2)(g)(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow. DCF 251.06(2)(gm)(gm) The premises shall be well drained, free from litter, clean, and in good repair. The premises shall be maintained to prevent the entrance or harborage of vermin. DCF 251.06(2)(h)(h) Smoking is prohibited on the premises of the center or in a vehicle used to transport children when the children are in care. DCF 251.06 NoteNote: See s. DCF 251.03 (25) for the definition of premises. DCF 251.06(2)(i)(i) There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. DCF 251.06(2)(im)(im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment. DCF 251.06(2)(j)(j) Children may not be allowed in an area where power tools are in use. DCF 251.06(2)(k)(k) 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 251.06(2)(L)(L) If a hot tub is located in a room or area 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 251.06(2)(m)(m) Cleaning aids such as mops and brooms shall be clean. Buckets used with mops shall be emptied and stored in areas inaccessible to children. DCF 251.06(2)(n)(n) Garbage containers in the building shall be rigid, covered, watertight, and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of as necessary to prevent decomposition or overflow. DCF 251.06(2)(o)(o) Windows and doors that are used for ventilation shall be screened. DCF 251.06(2)(p)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 251.06(2)(p)1.b.b. In a center licensed prior to March 1, 2023, the test for radon gas levels shall be conducted no later than September 1, 2023. DCF 251.06(2)(p)1.c.c. In a center licensed on or after March 1, 2023, the test for radon gas levels shall be conducted within 6 months prior to providing care for children. DCF 251.06(2)(p)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 251.06(2)(p)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 251.06(2)(p)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 251.06(2)(p)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 251.06(2)(p)5.a.a. In this subdivision, “commercial building” means a building that is not a residential building and that meets the definition of a “place of employment” or a “public building” in s. 101.01 (11) or (12), Stats. DCF 251.06(2)(p)5.b.b. In this subdivision, “residential building” means a building that meets the definition of a “dwelling” in s. 101.61 (1), Stats. DCF 251.06(2)(p)5.c.c. The licensee of a center in a commercial building shall test for radon gas levels every 5 years after the test under subd. 1. or, if a radon mitigation system was installed, every 5 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a. DCF 251.06(2)(p)5.d.d. The licensee of a center in a residential building shall test for radon gas levels 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 251.06(3)(a)(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including fire, tornado, or flood; extreme heat or cold; loss of building services, including 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 procedures for all of the following: DCF 251.06(3)(a)2.2. Ensuring the needs of children under 2 years of age and children with disabilities are met. DCF 251.06(3)(a)4.4. Connecting children with their parents if the center is required to evacuate the building. DCF 251.06(3)(b)2.2. Practice the fire evacuation plan monthly, and tornado drills monthly from April through October. DCF 251.06(3)(b)3.3. Ensure that all staff members know what their duties are if there is an emergency. DCF 251.06(3)(b)4.4. Keep a written record of dates and times all fire and tornado drills practiced. DCF 251.06 NoteNote: The licensee may use the department’s form Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Forms are available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A. DCF 251.06(4)(a)(a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection. DCF 251.06(4)(b)(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers. DCF 251.06(4)(d)(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects. DCF 251.06(4)(e)(e) An extension cord may not be used permanently with an appliance. DCF 251.06(4)(f)(f) No more than 2 electrical appliances may be plugged into any one wall outlet. DCF 251.06(4)(j)1.1. Fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be installed and operated in accordance with ch. SPS 316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code; applicable local ordinances; and the manufacturer’s instructions. DCF 251.06(4)(j)2.2. All fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be maintained in operating condition and shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative. DCF 251.06 NoteNote: The licensee may use the department’s form, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. 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 251.06(4)(jm)1.1. A signaling device, such as a smoke, heat, or flame detector, shall be used to conduct monthly fire evacuation drills. DCF 251.06(4)(jm)2.2. The licensee shall document that the fire detection and prevention systems are monitored by a fire prevention agency or that the detectors and alarms have been tested monthly. DCF 251.06 NoteNote: The licensee may use the department’s form, DCF-F-CFS0543, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs. DCF 251.06(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 251.06(6)(b)(b) If a center gets its water from a private well, the center shall comply with all of the following: DCF 251.06(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 251.06(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 251.06 NoteNote: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov. DCF 251.06 NoteNote: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.
DCF 251.06(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 251.06(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 251.06 NoteNote: A list of laboratories certified to test for nitrate can be found on DNR’s website: www.dnr.wi.gov. DCF 251.06 NoteNote: 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.
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Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
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administrativecode/DCF 251.06(2)(p)1.
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