1. A. The facility shall have hot and cold running water, with hot water temperature not exceeding 120°F.

2. B. For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:

   1. (1) Safely accessible to children 2 years old or older without assistance from an adult; and
   2. (2) Not located in a toilet room or in a sink used for handwashing.

3. C. Drinking water shall be supplied by:

   1. (1) An angle-jet drinking fountain with mouthguard;
   2. (2) Licensed bottled water in the original container;
   3. (3) Running water supply with individual single service drinking cups; or
   4. (4) Another method or source approved by the office.
4. D. During meals and snacks, water may be served family-style from a pitcher if the water is poured into the pitcher directly from one of the supply sources listed at §C of this regulation.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1827)

Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .11C amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)

Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 16)

Regulation .13 amended effective January 13, 2020 (47:1 Md. R. 16)