1. A. An operator shall store all potentially harmful items, including but not limited to the items described in §§B—F of this regulation, in locations which are inaccessible to children in care.
2. B. Petroleum and flammable products shall be stored in an approved manner.
3. C. Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.
4. D. Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.

5. E. A pesticide may be used only if it is:

   1. (1) Approved by the U.S. Environmental Protection Agency;
   2. (2) Used according to the manufacturer's instructions;
   3. (3) Used only when children are not in care; and
   4. (4) Stored apart from food, beverages, and cleaning agents.
6. F. Alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts shall be stored in an approved manner.
7. G. Each electrical socket that is accessible to children in care shall be plugged or capped as required by the applicable fire code.
8. H. Except in a small facility located in a residence, a firearm may not be kept on the premises.

9. I. In a small facility located in a residence where a firearm is maintained, a firearm shall be kept:

   1. (1) In a location not used by children in care; and
   2. (2) Unloaded and partially disassembled in a locked container with ammunition stored in its own separate locked container.

10. J. Window Coverings. A window covering installed:

    1. (1) Before October 1, 2010, shall not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or
    2. (2) On or after October 1, 2010, shall be cordless.

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

Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .02 amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .02C amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .04 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 .04I adopted effective March 21, 2011 (38:6 Md. R. 396)