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.

- 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) (1) Building.

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) (b) Space and temperature.

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) (2) Protective measures.

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 Note Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Publications/KeepYourKidsSafeNewsletter.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

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.