N.H. Code Admin. R. He-C 4002.24
Learning Materials, Toys, and Equipment
Effective Sep 22, 2025#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.27); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.25)Commissioner, Department of Health and Human Services
(a) Programs shall provide toys, equipment, furniture, and learning materials that are:
- (1) Age and developmentally appropriate;
- (2) Of sufficient quantity and variety to meet the needs of the children cared for in the program;
- (3) Available and accessible to children;
- (4) Cleaned on a regular basis;
- (5) Cleaned and sanitized after each use for toys or items mouthed by a child;
- (6) Sturdy and safely constructed and installed;
- (7) Maintained in a safe, secure, and workable condition, free from lead paint, protruding nails, splinters, rust, and other hazards that might be dangerous to children; and
- (8) Used in a safe manner, in accordance with manufacturer’s instructions.
- (b) Infants and toddlers in elevated seating equipment shall be secured in the equipment as instructed by the manufacturer.
- (c) Child care staff shall not use any equipment, materials, furnishings, toys, or games identified by the U.S. Consumer Product Safety Commission as being hazardous.
- (d) All play equipment and structures shall be free of entrapment hazards, including gaps that are between 3 ½ inches and 9 inches apart on balusters, handrails, guardrails, or slats on play structures, lofts, stairways, decks, porches, or balconies, that are accessible to children.
- (e) Child care staff shall not allow children younger than 3 years of age to have access to toys, toy parts, and other materials that pose a suffocation or choking risk or are small enough to be swallowed, including, but not limited to, coins, balloons, exposed foam padding, or empty plastic bags.
- (f) The only exception to (e) above for children age 24 months to 3 years shall be during teacher directed activities under direct supervision by child care staff, provided there is written parental or guardian consent on file acknowledging their understanding that the program uses small items during teacher directed and supervised activities.
- (g) Infants shall not be placed in any equipment, including but not limited to stationary activity centers that require them to support their heads on their own if they have not yet acquired that ability.
- (h) Baby walkers with wheels are prohibited in programs.
- (i) Toy boxes accessible to children used to store any child care materials and equipment shall have a safety lid support or not have a lid.
- (j) Infants shall only have access to toys with strings or cords up to 6 inches in length.
- (k) Toddlers shall only have access to toys with strings or cords up to 12 inches in length, or any length for a teacher-directed activity.
- (l) Except for therapeutic equipment or small trampolines intended for individual use with direct adult supervision, the use of trampolines by enrolled child care children, whether indoors or outdoors, is prohibited.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.27); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.25)