WSR 12-17-155

EMERGENCY RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed August 22, 2012, 10:21 a.m. , effective August 22, 2012, 10:21 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To make technical corrections based on input from the department of health and local health jurisdictions.

Citation of Existing Rules Affected by this Order: Amending WAC 170-296A-0010, 170-296A-2325, 170-296A-3200, 170-296A-3210, 170-296A-3750, 170-296A-3875, 170-296A-3925, 170-296A-4325, 170-296A-4650, 170-296A-4950, 170-296A-5175, 170-296A-7075, 170-296A-7225, 170-296A-7250, 170-296A-7375, 170-296A-7700, and 170-296A-7750.

Statutory Authority for Adoption: Chapter 43.215 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The changes being made include corrections to bleach mixtures for sanitizing and disinfecting, updating conditions that are notifiable to the health department and required rail height. All of these changes are necessary to protect the health and safety of children in child care.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 17, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 17, Repealed 0.

Date Adopted: August 21, 2012.

Elizabeth M. Hyde

Director

OTS-4755.2


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-0010   Definitions.   The following definitions apply throughout this chapter unless the context clearly indicates otherwise. Certain definitions appear in the section the term is used if the definition applies only to a specific section or sections:

"Accessible to children" means areas of the facility and materials that the children can easily get to on their own.

"Agency" as used in this chapter, has the same meaning as in RCW 43.215.010 (1) ((and (1)))(c).

"Available" means accessible and ready for use or service.

"Bathroom" means any room containing a built-in flush-type toilet.

"Capacity" means the maximum number of children the licensee is authorized by the department to have in care at any given time.

"Child" means an individual who is younger than age thirteen, including any infant, toddler, preschool-age child, or school-age child as defined in this chapter.

"Child abuse or neglect" has the same meaning as "abuse or neglect" under RCW 26.44.020 and chapter 388-15 WAC.

"Child care" means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home for periods of less than twenty-four hours a day.

"Clean" or "cleaning" means to remove dirt and debris (such as soil, food, blood, urine, or feces) by scrubbing and washing with a soap or detergent solution and rinsing with water. Cleaning is the first step in the process of sanitizing or disinfecting a surface or item.

"Confidential" means the protection of personal information, such as the child's records, from persons who are not authorized to see or hear it.

"Denial of a license" means an action by the department to not issue a child care license to an applicant for an initial license, or to a licensee operating under an initial license seeking a nonexpiring full license, based on the applicant's or initial licensee's inability or failure to meet the requirements of chapter 43.215 RCW or requirements adopted by the department pursuant to chapter 43.215 RCW.

"Department" or "DEL" means the Washington state department of early learning.

"Developmentally appropriate" means curriculum, materials or activities provided at a level that is consistent with the abilities or learning skills of the child.

"Discipline" means a method used to redirect a child in order to achieve a desired behavior.

"Disinfect" or "disinfecting" means to eliminate virtually all germs on a surface by the process of cleaning and rinsing, followed by:

(a) A chlorine bleach and water solution of ((appropriate concentration)) one tablespoon of chlorine bleach to one quart of cool water; or

(b) Other disinfectant product if used strictly according to the manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled safe for food contact surfaces.

"DOH" means the Washington state department of health.

"DSHS" means the Washington state department of social and health services.

"Enforcement action" means a department issued:

(a) Denial, suspension, revocation or modification of a license;

(b) Probationary license;

(c) Civil monetary penalty (fine); or

(d) Disqualification from having unsupervised access to children in care.

"Family home child care" means a facility licensed by the department where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.215.010 (1)(c).

"Family living quarters" means a licensee's or license applicant's residence and other spaces or buildings on the premises that meet the facility requirements of this chapter and are approved by the department for child care.

"Fine" has the same meaning as "civil monetary penalty," "civil fines," or "monetary penalty" under chapter 43.215 RCW.

"Inaccessible to children" means an effective method or barrier that reasonably prevents a child's ability to reach, enter, or use items or areas.

"Infant" means a child age birth through eleven months of age.

"Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.

"Licensee" for the purposes of this chapter, means the individual listed on a family home child care license issued by the department of early learning authorizing that individual to provide child care under the requirements of this chapter and chapter 43.215 RCW.

"Licensor" means an individual employed by the department and designated by the director to inspect and monitor an agency or other child care facility for compliance with the requirements of this chapter and chapter 43.215 RCW.

"MERIT" means the managed education registry information tool used to track professional development for early learning professionals. See also "STARS."

"Modification of a license" means department action to change the conditions identified on a current license.

"Nonexpiring full license" or "nonexpiring license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-296A-1450.

"Nonprescription medication" means any of the following:

(a) Nonaspirin and aspirin fever reducers or pain relievers;

(b) Nonnarcotic cough suppressants;

(c) Cold or flu medications;

(d) Antihistamines or decongestants;

(e) Teething pain reducers;

(f) Vitamins;

(g) Ointments or lotions specially intended to relieve itching;

(h) Diaper ointments and talc free powders specially used in the diaper area of children;

(i) Sun screen;

(j) Hand sanitizer gels; or

(k) Hand wipes with alcohol.

"One year of experience" means at least twelve months of early learning experience as demonstrated by a resume and references:

(a) In a supervisory role in a child care setting where the individual was responsible for supervising staff and complying with licensing standards; or

(b) As a Washington state:

(i) Child care center or school age center director, program supervisor, or lead teacher as defined in chapters 170-151 and 170-295 WAC; or

(ii) Family home child care licensee or qualified primary staff person.

"Overnight care" means child care provided for a child anytime between the hours of eight o'clock at night and six o'clock in the morning that includes a sleep period for the child.

"Personal needs" means an individual's hygiene, toileting, medication, cleansing, eating or clothing needs. "Personal needs" does not mean smoking or use of tobacco products, illegal drug use or misuse of prescription drugs, conducting business or related activities, sleeping or napping, screen time, or leaving children in care unattended.

"Physical restraint" means the practice of rendering a child helpless or keeping a child in captivity.

"Poison" for the purposes of this chapter includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items, that even in small quantities are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.

"Premises" means the licensed or unlicensed space at the licensed address including, but not limited to, buildings, land and residences.

"Preschool age child" means a child age thirty months through five years of age who is not attending kindergarten or elementary school.

"Primary staff person" means a staff person other than the licensee who has been authorized by the department to care for and have unsupervised access to children in care.

"RCW" means Revised Code of Washington.

"Revocation" or "revoke" means the formal action by the department to close a child care business and take the license due to the licensee's failure to comply with chapter 43.215 RCW or requirements adopted pursuant to chapter 43.215 RCW.

"Sanitize" means to reduce the number of microorganisms on a surface by the process of:

(a) Cleaning and rinsing, followed by using:

(i) A chlorine bleach and water solution of ((appropriate concentration)) three-quarters teaspoon of chlorine bleach to one quart of cool water; or

(ii) Another sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as safe for food contact surfaces; or

(b) For laundry and dishwasher use only, "sanitize" means use of a bleach and water solution or temperature control.

"School age child" means a child not less than five years of age through twelve years of age who is attending kindergarten or school.

"Screen time" means watching, using or playing television, computers, video games, video or DVD players, mobile communication devices, and similar devices.

"Sleeping equipment" includes a bed, cot, mattress, mat, crib, bassinet, play yard or "pack and play." "Sleeping equipment" does not include any car seat or infant swing.

"Staff" unless referring specifically to a "primary staff person," means any primary staff person, assistant, or volunteer helping to provide child care, or a household member acting in the capacity of a primary staff person, assistant or volunteer, whether compensated or not compensated.

"STARS" means the state training and registry system.

"Suspension of a license" means a formal department action to stop a license pending a department decision regarding further enforcement action.

"Toddler" means a child age twelve months through twenty-nine months of age.

"Unlicensed space" means the indoor and outdoor areas of the premises, not approved as licensed space by DEL, that the licensee must make inaccessible to the children during child care hours.

"Unsupervised access" has the same meaning as "unsupervised access" in WAC 170-06-0020.

"WAC" means the Washington Administrative Code.

"Weapons" means an instrument or device of any kind that is used or designed to be used to inflict harm including, but not limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices, or fighting implements.

[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), chapter 43.215 RCW, and 2011 c 293 [c 295]. 11-23-068, 170-296A-0010, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-2325   Reporting notifiable condition to health department.   ((The)) In the event a licensee ((must report a)), staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as defined in chapter 246-101 WAC, the licensee must report the diagnosis to the local health jurisdiction or the state department of health. Contact the local health jurisdiction for the list of notifiable conditions and reporting requirements.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-2325, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-3200   Health plan.   The licensee must have a written health plan. The health plan must include:

(1) Communicable disease procedures and exclusion of ill persons under WAC 170-296A-3210;

(2) Immunization tracking under WAC 170-296A-3250 through 170-296A-3300;

(3) Medication management under WAC 170-296A-3315 through 170-296A-3550;

(4) Injury treatment under WAC 170-296A-3575 through 170-296A-3600;

(5) Handwashing and hand sanitizers under WAC 170-296A-3625 through 170-296A-3675;

(6) Caring for children with special health needs under WAC 170-296A-0050;

(7) Cleaning, sanitizing, and disinfecting procedures;

(8) A bloodborne pathogens plan under WAC 170-296A-1850; and

(9) Notifying the health department when a licensee, staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as required under WAC 170-296A-2325.

A person excluded from the family home by the health department on the basis of such a diagnosis may not return to the family home until approved to do so by the health department.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-3200, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-3210   Communicable disease procedure.   When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with any of the following communicable diseases:


Disease: Also known as:
Chickenpox Varicella
Conjunctivitis

(bacterial)

Pink eye
Diphtheria
E. coli infection
Giardiasis
Hepatitis A virus
Invasive haemophilus influenza disease (except otitis media)
Measles
Meningitis (bacterial) Meningococcal meningitis
Mumps
Pertussis Whooping cough
Rubella German measles
Salmonellosis Salmonella or "food poisoning"
Shigellosis Shigella
Tuberculosis (active) TB

(1) The licensee must, within twenty-four hours notify:

(a) The local health jurisdiction or DOH, except notice is not required for a diagnosis of chickenpox((,)) or conjunctivitis((, or invasive haemophilus influenza));

(b) The department; and

(c) Parents or guardians of each of the children in care.

(2) The licensee must follow the health plan before providing care or before readmitting the household member, staff person or child into the child care.

(3) The licensee's health plan must include provisions for excluding or separating a child, staff person, or household member with communicable disease as described in subsection (1) of this section or any of the following:

(a) Fever of one hundred one degrees Fahrenheit or higher measured orally, or one hundred degrees Fahrenheit or higher measured under the armpit (axially), if the individual also has:

(i) Earache;

(ii) Headache;

(iii) Sore throat;

(iv) Rash; or

(v) Fatigue that prevents the individual from participating in regular activities.

(b) Vomiting that occurs two or more times in a twenty-four hour period;

(c) Diarrhea with three or more watery stools, or one bloody stool, in a twenty-four hour period;

(d) Rash not associated with heat, diapering, or an allergic reaction; or

(e) Drainage of thick mucus or pus from the eye.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-3210, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-3750   Mats, cots and other sleeping equipment.   (1) The licensee must provide mats, cots, or other approved sleeping equipment that are made of material that can be cleaned and sanitized as provided in WAC 170-296A-0010.

(2) Mats, cots, or other sleeping equipment must be in good repair, not torn or with holes or repaired with tape.

(3) A sleeping mat must be at least one inch thick.

(4) Mats, cots, or other sleeping equipment must be cleaned, sanitized, and air dried:

(a) At least once a week or as needed if used by one child; or

(b) Between each use if used by different children.

(5)(((a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water;

(b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

(6))) When in use, mats, cots, or other sleeping equipment must be arranged to allow the licensee or staff to access the children.

(((7))) (6) Mats, cots, and other sleeping equipment must be stored so that the sleeping surfaces are not touching each other, unless they are cleaned and sanitized after each use.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-3750, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-3875   Cleaning and sanitizing toys.   (((1))) The licensee must clean and sanitize toys as provided in WAC 170-296A-0010:

(((a))) (1) Before a child plays with a toy that has come into contact with another child's mouth or bodily fluids;

(((b))) (2) After being contaminated with bodily fluids or visibly soiled; or

(((c))) (3) Not less than weekly when the toys have been used by the children.

(((2)(a) If a bleach solution is used to sanitize, the solution must be three-quarter teaspoon of bleach to one quart of cool water;

(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces, used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and rinsed if required by the product instructions.))

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-3875, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-3925   Cleaning, sanitizing, and disinfecting table.   (1) The following table describes the minimum frequency for cleaning, sanitizing, or disinfecting items in the licensed space.


CLEANING, SANITIZING, AND DISINFECTING TABLE
"X" means CLEAN And

SANITIZE or DISINFECT

FREQUENCY
(((1))) (a) Kitchen countertops/tabletops, floors, doorknobs, and cabinet handles. X Sanitize (see subsection (3) of this section) Daily or more often when soiled.
(((2))) (b) Food preparation/surfaces. X Sanitize (see subsection (3) of this section) Before/after contact with food activity; between preparation of raw and cooked foods.
(((3))) (c) Carpets and large area rugs/small rugs. (((a))) (i) Vacuum daily.
(((b))) (ii) Installed carpet - Clean yearly or more often when soiled using a carpet shampoo machine, steam cleaner, or dry carpet cleaner.
X (((c))) (iii) Small rugs - Shake outdoors or vacuum daily. Launder weekly or more often when soiled.
X Sanitize (see subsection (3) of this section) (((d))) (iv) Removable rugs - May be used in the bathroom. They must be easily removable and able to be washed when needed. Launder and sanitize weekly or more often when soiled.
(((4))) (d) Utensils, surfaces/toys that go in the mouth or have been in contact with other body fluids. X Sanitize (see subsection (3) of this section) After each child's use; may use disposable, one-time utensils.
(((5))) (e) Toys that are not contaminated with body fluids and machine-washable cloth toys. Dress-up clothes (not worn on the head or come into contact with the head while dressing). Combs/hairbrushes, (none of these items should be shared among children).

X Sanitize (see subsection (3) of this section) Weekly or more often when visibly soiled.

(((6))) (f) Bedding, blankets, sleeping bags, individual sheets, pillowcases (if used). Weekly or more often when soiled.
X Sanitize (see subsection (3) of this section) Items that are put in the washing machine must be cleaned by using laundry detergent and sanitized by temperature (hot or warm water cycle) or chlorine bleach.
(((7))) (g) Wash cloths or single use towels. X Sanitize (see subsection (3) of this section) After each use.
(((8))) (h) Hats and helmets. X After each child's use or use disposable hats that only one child wears.
(((9))) (i) Cribs and crib mattresses. X Sanitize (see subsection (3) of this section) Weekly, before use by different child, and more often whenever soiled or wet.
(((10))) (j) Handwashing sinks, faucets, surrounding counters, soap dispensers, doorknobs. X Disinfect (see subsection (2) of this section) Daily or more often when soiled.
(((11))) (k) Toilet seats, toilet training rings, toilet handles, doorknobs or cubicle handles, floors. X Disinfect (see subsection (2) of this section) Daily or immediately if visibly soiled.
(((12))) (l) Toilet bowls. X Disinfect (see subsection (2) of this section) Daily or more often as needed (e.g., child vomits or has explosive diarrhea, etc.).
(((13))) (m) Changing tables, potty chairs (use of potty chairs in child care is discouraged because of high risk of contamination). X Disinfect (see subsection (2) of this section) After each child's use.
(((14))) (n) Waste receptacles. X Daily or more often as needed.

(2) "Disinfect" or "disinfecting" means to eliminate virtually all germs on a surface by the process of cleaning and rinsing, followed by:

(a) A chlorine bleach and water solution of one tablespoon of chlorine bleach to one quart of cool water; or

(b) Other disinfectant product if used strictly according to the manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled safe for food contact surfaces.

(3) "Sanitize" means to reduce the number of microorganisms on a surface by the process of:

(a) Cleaning and rinsing, followed by using:

(i) A chlorine bleach and water solution of three-quarters teaspoon of chlorine bleach to one quart of cool water; or

(ii) Another sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as safe for food contact surfaces; or

(b) For laundry and dishwasher use only, "sanitize" means use of a bleach and water solution or temperature control.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-3925, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-4325   Stairs.   (1) If there are stairs in the licensed space, the licensee must:

(a) Keep the stairway well lit;

(b) Keep the stairway free of clutter; and

(c) Have a handrail not higher than ((thirty)) thirty-eight inches high or sturdy slats on one side of the stairs.

(2) The licensee must provide a pressure gate, safety gate, or a door to keep the stairs inaccessible to infants and toddlers when not in use.

(3) Openings between slats or on pressure gates or safety gates must not be larger than three and one-half inches wide.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-4325, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-4650   Bathroom floors.   (1) Floors in a bathroom or toileting area must have a washable surface and be resistant to moisture. The floor must be cleaned and disinfected as provided in WAC 170-296A-0010 daily or more often if needed.

(((a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;

(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions, including but not limited to quantity used, time the product must be left in place, and adequate time to allow the product to dry.))

(2) Removable rugs may be used in the bathroom. The rugs must be laundered and sanitized as provided in WAC 170-296A-0010 at least weekly or more often if needed.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-4650, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-4950   Rails on platforms, decks, and stairs.   (1) Platforms or decks (not including play equipment) used at any time for child care activities with a drop zone of more than eighteen inches must have guardrails in any area where there are no steps.

(2) Outdoor stairs with four or more steps must have slats (balusters) or a hand rail not higher than ((thirty)) thirty-eight inches high on at least one side. Openings between the slats must be no wider than three and one-half inches. This requirement does not apply to outdoor play equipment with stairs.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-4950, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-5175   Wading pools -- Defined -- Supervision.   (1) A wading pool:

(a) Is an enclosed pool with water depth of two feet or less measured without children in the pool; and

(b) Can be emptied and moved.

(2) When a wading pool on the premises is intended for use by the children, the licensee must:

(a) Directly supervise or have a primary staff person directly supervise the children;

(b) Obtain written permission from each child's parent or guardian to allow the child to use a wading pool;

(c) Maintain staff-to-child ratios when children are in a wading pool;

(d) Keep infants or toddlers in the wading pool within reach of the licensee or staff;

(e) Use a door alarm or bell to warn staff that children are entering the outdoor area when pool water could be accessed, or keep the wading pool empty when not in use;

(f) Empty the pool daily; and

(g) Clean and disinfect the pool as provided in WAC 170-296A-0010 daily or immediately if the pool is soiled with urine, feces, vomit, or blood((:

(i) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;

(ii) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry)).

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-5175, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7075   Infant and toddler sleeping or napping equipment.   (1) The licensee must:

(a) Provide and use a single level crib, toddler bed, playpen or other sleeping equipment for each infant or toddler in care that is safe and not subject to tipping. The equipment must be of a design approved for infants or toddlers by the U.S. Consumer Product Safety Commission (see WAC 170-296A-7085 regarding approved cribs)((.));

(b) Provide sleeping or napping equipment with clean, firm, and snug-fitting mattresses that do not have tears or holes or is repaired with tape((.));

(c) Provide mattresses covered with waterproof material that is easily cleaned and sanitized((.

(i) If a bleach solution is used to sanitize, the solution must be three-quarters teaspoon of chlorine bleach to one quart of cool water.

(ii) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.)) as provided in WAC 170-296A-0010;

(d) Arrange sleeping equipment to allow staff access to children;

(e) Remove sleeping children from car seats, swings or similar equipment; and

(f) Consult with a child's parent or guardian before the child is transitioned from infant sleeping equipment to other approved sleeping equipment.

(2) Children able to climb out of their sleeping equipment must be transitioned to an alternate sleeping surface.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7075, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7225   High chairs.   (1) If the licensee uses high chairs in the child care, each high chair must:

(a) Have a base that is wider than the seat;

(b) Have a safety device that prevents the child from climbing or sliding down the chair;

(c) Be free of cracks and tears; and

(d) Have a washable surface.

(2) When a child is seated in a high chair, the chair's safety device must be used to secure the child.

(3) The licensee or staff must clean and sanitize high chairs as provided in WAC 170-296A-0010 after each use.

(((a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water.

(b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7225, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7250   Diapering and toileting.   (1) The licensee must provide a diaper changing area that is separate from any area where food is stored, prepared or served.

(2) The diaper changing area must:

(a) Have a sink with hot and cold running water close to the diaper changing area. The sink must not be used for food preparation and clean up;

(b) Have a sturdy surface or mat that is:

(i) Not torn or repaired with tape;

(ii) Easily cleanable;

(iii) Waterproof; and

(iv) Large enough to prevent the area underneath from being contaminated with bodily fluids.

(3) The diapering area must be cleaned and disinfected as provided in WAC 170-296A-0010 between each use.

(((a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one quart of cool water.

(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))

(4) A nonabsorbent, disposable covering that is discarded after each use may be used on the diaper changing mat.

(5) The diaper changing surface must be free of all other items not used in diapering the child.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7250, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7375   Potty chairs or modified toilet seats.   (1) When potty chairs are used, the licensee or staff must immediately after each use:

(a) Empty the potty chair into the toilet; and

(b) Clean and disinfect the potty chair.

(2) The floor under the potty chairs must be made of a material that is resistant to moisture.

(3) When a modified toilet seat is used, it must be cleaned and disinfected as provided in WAC 170-296A-0010 daily or more often when soiled.

(4)(((a) If a bleach solution is used to disinfect, the solution must be one tablespoon of chlorine bleach to one quart of cool water;

(b) If another disinfectant product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

(5))) If a sink or basin is used to clean a potty chair or modified toilet seat, the sink or basin must be cleaned and disinfected afterwards.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7375, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7700   Washing dishes.   The licensee or staff must wash dishes thoroughly after each use by one of the following methods:

(1) Automatic dishwasher, using the sanitizing cycle if available; or

(2) Handwashing method, by emersion in hot soapy water, rinse, sanitize as provided in WAC 170-296A-0010 and air dry((:

(a) If a bleach solution is used to sanitize, the solution must be three-quarters teaspoon of chlorine bleach to one gallon of cool water;

(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces and be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry)).

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7700, filed 11/14/11, effective 3/31/12.]


AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-7750   Food preparation area.   (1) The licensee or staff must clean and sanitize food preparation and eating surfaces as provided in WAC 170-296A-0010 before and after use. The licensee's food preparation area must:

(a) Have surfaces that are free of cracks and crevices; and

(b) Have a floor area made of a material that is resistant to moisture.

(2) The licensee must not allow pets in the food preparation area while food is being prepared or served.

(3) The licensee may use the kitchen for other child care activities provided there is continual supervision of the children.

(((4)(a) If a bleach solution is used to sanitize surfaces, the solution must be one tablespoon of chlorine bleach to one gallon of cool water;

(b) If another sanitizer product is used, it must be labeled as approved for food contact surfaces and be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.))

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, 170-296A-7750, filed 11/14/11, effective 3/31/12.]