1. (a)

   1. (1) Out-of-school time (OST) facilities shall comply with the minimum requirements of the currently adopted Arkansas Fire Prevention Code, 12 CAR pt. 15, as administered by the local fire department or by the State Fire Marshal, who has final authority.
   2. (2) Written verification of annual approval shall be maintained on file.
   3. (3) Note that the state and local fire codes may not allow the use of basements or floors above ground level by participants first grade and younger unless there is a ground-level exit.

2. (b)

   1. (1) Department of Health requirements shall be met.
   2. (2) Written verification of annual approval shall be maintained on file.

3. (c)

   1. (1) Boiler Inspection Division requirements shall be met.
   2. (2) All water heaters and any other boilers in licensed OST facility settings shall be inspected on an annual basis and upon installation.
   3. (3) Verification that initial inspection has been scheduled and annual approval shall be maintained on file.
   4. (4) Inspection, or proof of attempt to set up initial inspection, shall be completed within six (6) months of licensure.

   5. (5)

      1. (A) Scheduling and completion of annual inspections will be the responsibility of the Division of Labor.
      2. (B) However, the facility is responsible for cooperating and keeping documentation of such inspection on file for review.

4. (d)

   1. (1) All space used by the OST program shall be kept clean and free of hazardous or potentially hazardous objects.

   2. (2) These objects include but are not limited to:

      1. (A) Poisonous substances;
      2. (B) Firearms;
      3. (C) Explosives;
      4. (D) Broken toys and equipment; or
      5. (E) Other objects that could be harmful or dangerous, if they are determined to be accessible to participants.

5. (e)

   1. (1) Twenty-five square feet (25 sq. ft.) per participant of usable floor space shall be required for indoor activities.

   2. (2) This does not include:

      1. (A) Bathrooms;
      2. (B) Kitchen; and
      3. (C) Hallways.
   3. (3) Usable space in the OST program shall include areas in the program used for storage of programmatic materials that are accessible to participants.
   4. (4) This does not include closets or storage space for equipment that is not in use.
6. (f) If a facility utilizes the out-of-doors as its major program component for school-age participants, covered pavilions and other roofed structures shall provide twenty-five square feet (25 sq. ft.) per participant.

7. (g) Separate space shall be:

   1. (1) Provided for the isolation of participants who become ill; and
   2. (2) Located in an area that can be supervised at all times by a staff member.

8. (h)

   1. (1) All parts of the OST facility used by the participants shall be:

      1. (A) Well-heated;
      2. (B) Air conditioned;
      3. (C) Lighted;
      4. (D) Ventilated; and
      5. (E) Maintained at a comfortable temperature.
   2. (2) Glass doors shall be clearly marked.
   3. (3) When windows and doors are used for ventilation, they shall be screened and shall not present a safety hazard.

9. (i)

   1. (1) Floor furnaces, gas heaters, electric heaters, hot radiators, water heaters, air conditioners, and electric fans:

      1. (A) Shall have guards; and
      2. (B) Shall not present a safety hazard.
   2. (2) Portable fuel-fired heaters shall not be used.
10. (j) It is recommended that if natural gas or propane is used, the facility’s heating and ventilation systems shall be inspected and cleaned, if necessary, before each heating season by a qualified heating, ventilation, and air conditioning technician.

11. (k) Carbon monoxide detectors shall be placed in facilities according to manufacturer’s recommendations if one (1) of the following situations applies:

    1. (1) Facilities using wood, propane, natural gas, or any other product as a heat source that can produce carbon monoxide indoors or in an attached garage; or
    2. (2) Any situations where carbon monoxide detectors are required by state or local law.

12. (l)

    1. (1) Floors, ceilings, and walls shall be in good repair and kept clean.
    2. (2) Paints used at the facility shall be lead-free.

13. (m)

    1. (1) An OST facility shall have an operable telephone on-site all hours participants are in care.
    2. (2) The licensee shall provide the phone number to the Child Care Licensing Unit and to the parents.

    3. (3) This phone may be a cell phone if the phone:

       1. (A) Stays operable;
       2. (B) Stays at the facility during all hours of care; and
       3. (C) Is the phone number provided to the licensing unit and the parents.

14. (n) The following structures shall not be used as OST facilities:

    1. (1) Manufactured homes constructed prior to June 1976;
    2. (2) Manufactured homes constructed with metal roofs and outside walls;
    3. (3) Single-wide manufactured homes; and
    4. (4) Portable storage-type buildings.

15. (o)

    1. (1) Double-wide manufactured homes may be considered provided they are tied down in accordance with the manufacturer’s tie-down specifications manual.
    2. (2) Any new applicant for an OST facility that requests the use of a manufactured home shall obtain an inspection at the applicant’s expense from the Arkansas Manufactured Home Commission.
16. (p) Manufactured homes currently licensed as childcare facilities shall be tied down as recommended by the commission.

17. (q)

    1. (1) Portable classroom buildings are not considered manufactured homes but do require fire department approval.
    2. (2) Portable classroom buildings installed after November 1, 2002, shall have fire department approval prior to purchase and installation.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of subdivision (c)(5)(B) of this section: "(AR Code § 20-23-101 et seq.)".