1. A. For every 15 children in care, an operator shall provide one toilet and one sink that are:

   1. (1) Maintained in good operating condition and in a sanitary manner;
   2. (2) Easily accessible to the children; and
   3. (3) Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.

2. B. An operator which holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before July 1, 1991, and is still in effect may receive a variance from the requirements of §A of this regulation if the office determines that:

   1. (1) The requirements can be met only with substantial physical modifications to the child care facility; and
   2. (2) Sanitary facilities are accessible to every child in the child care facility.
3. C. In each toilet facility accessible to a school age child, the operator shall provide at least one toilet in an enclosed stall or other space affording privacy to the child.
4. D. In a small facility approved for mixed age groups, only one toilet and sink are required.

5. E. A facility licensed for the first time shall provide at least one toilet facility restricted to use by adults that is equipped with a toilet, sink, and toilet supplies, except that this requirement does not apply to:

   1. (1) Small centers; or
   2. (2) Programs that operate 2-1/2 hours or less per session per day.

6. F. Each toilet room shall have:

   1. (1) A floor with a water-resistant, nonabsorbent finish;
   2. (2) Smoothly finished walls with a hard surface; and
   3. (3) Approved and functioning natural or mechanical ventilation.
7. G. Portable toilets, also known as potty-chairs, may not be used in a child care facility.
8. H. Each toilet room shall contain individual paper towels, a trash receptacle, soap, and toilet paper.
9. I. All sanitary supplies in a toilet room shall be available within reach of a child capable of using the toilet unassisted.
10. J. Toiletry and grooming articles, drinking cups, towels, face cloths, brushes, and combs may not be shared.

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)