1. (a) Programs shall have a safe supply of water under pressure available for drinking and household use.
2. (b) Hot water shall be at least 85 degrees Fahrenheit and available at all indoor sinks during operating hours.
3. (c) Hot water at taps which are accessible to children shall have an automatic control to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit.
4. (d) Programs that have their own independent water supply and are not considered to be public water systems as defined in RSA 485:1-a, XV and confirmed by the New Hampshire department of environmental services (NHDES), shall test their water supply utilizing a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300.
5. (e) New applicants that have their own independent water supply shall submit with their application documentation of water test results completed not more than 90 days prior to the date of submission of the application for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, fluoride, uranium, radon, manganese, and PFAS.

6. (f) In addition to (d) and (e) above, programs that have their own independent water supply shall conduct ongoing water testing and maintain the results on file at the program, available for review by the health officer and the department, in accordance with the following:

   1. (1) Once every 3 months for bacteria;
   2. (2) Annually for arsenic, nitrate, and nitrite; and
   3. (3) At least once every 3 years for stagnant lead, stagnant copper, fluoride, and manganese.
7. (g) The results of water tests required by (e) and (f) above, and results of any other water tests, shall comply with the maximum contaminant levels established in Env-Dw 700 for bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the action levels established in Env-Dw 714 for stagnant copper and RSA 485:17-a for stagnant lead, and when the manganese level exceeds 0.3 mg/L, as established in Env-Or 602.03, Table 600-1, alternate water sources shall be used for infants.
8. (h) Any program whose water test result has exceeded maximum contaminant levels or action levels in (g) above shall immediately contact the department to report that finding and provide the department with a plan for how it will ensure that children will not be at risk from exposure to the unsafe water.
9. (i) Within 30 days of the date a program learns that they have failed a water test, including programs on a public water system and programs with their own independent water supply, the program shall submit to the department an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the department agrees, to extend that deadline.
10. (j) The department shall extend the deadline in (i) above if it determines that the program can demonstrate that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so, and that the health, safety, or well-being of children will not be jeopardized by granting the extension.
11. (k) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (g) above, the department shall initiate action to suspend the license or permit in accordance with He-C 4002.43(r) and (s), until such time as laboratory results meeting those requirements are received by the department.
12. (l) During all hours of operation there shall be functional sewage disposal facilities.
13. (m) There shall be flush toilets in working order connected to a sewage disposal system.
14. (n) Any program whose septic system is showing signs of failure shall immediately contact the department and the local health officer to inform them of the problem and provide an interim corrective action plan to include a timeline for repairs and how it will ensure that children will not be exposed to any risks from the failed septic system.
15. (o) Privies shall be permissible in lieu of, or in addition to flush toilets connected to a sewage disposal system, provided the privy complies with this section.
16. (p) The licensee shall obtain approval by the town health officer for use of a privy.
17. (q) The privy shall be constructed in accordance with Env-Wq 1022.01.
18. (r) There shall be running water for handwashing available and accessible inside the privy area or immediately upon exiting the privy.
19. (s) The contents of the pit shall be covered daily with lime or other suitable agent to eliminate insects and odors.
20. (t) The materials for liming and disinfection shall be kept in proximity to the privy where they are readily available for use and stored in a manner where children cannot access the contents.
21. (u) The privy and the pit shall be made fly-tight and provided with self-closing lids.
22. (v) Child care staff shall maintain the privy in clean and sanitary conditions at all times.
23. (w) The licensee shall maintain chemical toilets in accordance with Env-Wq 1600, which shall be pumped by a septage hauler licensed by the department of environmental services.

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 4002.29); 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; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.27)