N.M. Code R. § 8.16.2.47 – Building, Ground and Safety Requirements for Out of School Time Care

A. HOUSEKEEPING:
1. (1) A program will keep the premises, including furniture, fixtures, toys and equipment clean, safe, and free of debris and potential hazards.
2. (2) Materials dangerous to children must be secured in a manner making them inaccessible to children and away from food storage or preparation areas.
3. (3) All garbage and refuse receptacles in kitchens and in outdoor areas will be durable, and constructed of materials that will not absorb liquids.
B. PEST CONTROL:
1. (1) All licensed programs must use a New Mexico licensed applicator whenever applying pesticides in or on the program’s buildings and grounds.
2. (2) The applicator may not apply pesticides when children are on the premises.
3. (3) Parents, guardians, and staff must be notified at least two days prior to spraying or applying pesticides.
4. (4) All food storage, preparation, and serving areas must be covered and protected from spraying or application of pesticides.
C. MECHANICAL SYSTEMS:
1. (1) A program will maintain comfortable temperatures (68 degrees Fahrenheit through 82 degrees Fahrenheit) in all rooms used by children. A program may use portable fans if the fans are secured and inaccessible to children and do not present any tripping, safety or fire hazards. In the event air temperature in a program exceeds the 82 degrees Fahrenheit in the summer months because of evaporative cooler temperature limitations, it will be verified that cooling equipment is functioning, is being maintained, and that supplemental aides have been employed, such as, but not limited to: ceiling fans, portable fans, or portable evaporative coolers.
2. (2) A program must maintain all heating and cooling equipment so that it is in good working order.
3. (3) A program will not use unvented heaters, open flame heaters or portable heaters. A program will install barriers or take other steps to ensure heating units, are inaccessible to children. Heating units include hot water pipes, infrared heaters, ceramic heaters, hot water baseboard heaters hotter than 110 degrees Fahrenheit, fireplaces, fireplace inserts and wood stoves.
4. (4) A program will provide fresh air and control odors by either mechanical or natural ventilation. If a program uses a window for ventilation, it will have a screen. If a door is used for ventilation, it must have a screen door.
5. (5) Water coming from a faucet will be below 110 degrees Fahrenheit. A program will install a tempering valve ahead of all domestic water-heater piping.
6. (6) All food preparation areas, sinks, washrooms, laundries and bathrooms will have hot and cold running water under pressure.
D. LIGHTING, LIGHTING FIXTURES AND ELECTRICAL:
1. (1) All areas will have sufficient glare-free lighting with shatterproof or shielded bulbs.
2. (2) A program will have emergency lighting that turns on automatically when electrical service is disrupted.
3. (3) Use of electrical cords and outlets:
  1. (a) A program will use U/L approved equipment only and will properly maintain this equipment.
  2. (b) The use of multi-prong or gang plugs is prohibited. Surge protectors are not gang plugs under these regulations.
E. EXITS AND WINDOWS: When an activity area does not have a door directly to the outside, at least one window in each activity area must be able to be opened for emergency egress with a minimum net clear opening of 5.7 square feet. The minimum net clear opening for height dimension must be 24 inches. The minimum net clear opening width dimension must be 20 inches, and the finished sill height must not be more than 44 inches above the floor.
1. (1) There must be at least two exits remote from each other in each activity area of the program.
2. (2) Exit ways must be kept free from obstructions at all times.
F. TOILET AND BATHING FACILITIES:
1. (1) All toilet rooms will have toilet paper, soap and disposable towels at a height accessible to children. A program will not use a common towel or wash cloth.
2. (2) All toilets and sinks must be accessible, functional, and located within 100 feet of the licensed area. The staff member shall maintain a direct line of sight of the child until the child enters the bathroom and from the time the child leaves the bathroom until the child returns. A staff member will accompany children to the bathroom door when maintaining a line of sight is impossible due to bathrooms being not located within a direct line of sight.
G. SAFETY COMPLIANCE:
1. (1) A program will conduct emergency preparedness practice drills at least quarterly beginning of each school calendar year.
2. (2) A program will conduct at least one fire drill each month. A program will:
  1. (a) hold the drills at different times of the day;
  2. (b) use the fire alarm, detector system or a simulated fire alarm;
  3. (c) emphasize an orderly evacuation rather than speedy; and
  4. (d) a program will keep on file a record of the drills with the date, time, number of adults and children participating, and any problems encountered during the drills. Records will be kept for one year.
3. (3) A program shall request an annual fire inspection from the fire authority having jurisdiction. If the policy of the fire authority having jurisdiction does not provide for an annual inspection of the program, the program must document the date the request was made and to whom. A copy of the latest inspection must be posted in the program.
4. (4) A program will post evacuation plans for each room used by children in the appropriate room.
5. (5) A program will keep a working telephone in an easily accessible place for calling for help in an emergency and will post emergency phone numbers for fire, police, ambulance and the poison control center next to the phone. A pay phone will not fulfill this requirement. If cordless phones are used, emergency numbers shall be posted on the phone itself. Facilities shall post the program’s telephone number and address in a conspicuous location next to the emergency phone numbers.
6. (6) A program must be equipped with smoke detectors approved in writing by the fire authority having jurisdiction as to number, type, and placement.
7. (7) A program must have a minimum of two fully-charged 210ABC fire extinguishers, one located in the kitchen or food preparation area, and one centrally located in the program.
8. (8) Fire extinguishers, alarm systems, automatic detection equipment, and other firefighting must be properly maintained and inspected on at least a yearly basis; fire extinguishers must be tagged noting the date of inspection; see Paragraph (2) of Subsection D of 8.16.2.47 NMAC for emergency lighting requirements.
H. SMOKING, FIREARMS, ALCOHOLIC BEVERAGES, ILLEGAL DRUGS AND CONTROLLED SUBSTANCES: A program will prohibit smoking, use of e-cigarettes and vaporizers in all areas, including vehicles, and will not allow any alcoholic beverages, firearms, lethal or non-lethal weapons or non-prescription controlled substances (drugs) on the premises or in vehicles. Possessing or knowingly permitting illegal drugs, paraphernalia, or non-prescription controlled substances to be possessed or sold on the premises at any time regardless of whether children are present is prohibited.
I. PETS:
1. (1) A program will inform parents or guardians in writing before pets are at the program site.
2. (2) A program will not allow pets in the kitchen, food serving, food storage areas, or bathrooms.
3. (3) A program will inoculate any pets as prescribed by a veterinarian and keep a record of proof of inoculation prior to the pet’s presence at the program.
4. (4) A program will not allow on the premises pets or other animals that are undomesticated, dangerous, contagious or vicious in nature.
5. (5) Areas of confinement, such as cages and pens, and outdoor areas are cleaned of excrement daily. Animals shall be properly housed, fed and maintained in a safe, clean sanitary and humane condition at all times.
6. (6) A staff member must be physically present during the handling of all pets or other animals.
  HISTORY OF 8.16.2 NMAC:
  Pre-NMAC HISTORY: The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives:
  HSSD 76-8, Child Care Facilities, Licensing Rules, Regulations and Standards, 12/1/1976
  HED-82-4 (HSD), Regulations Governing Child Care Center Licensing, 8/11/1982
  HED-81-2 Regulations Governing Family Day Care Licensing, 6/16/1981
  HED 82-6 (HSD), Regulations Governing Family Day Care Licensing, 8/11/1982
  HED 87-1 (HSD), New Mexico Regulations Governing Facilities Providing Day/Night Care to Children, 6/16/1987
  HED 87-3 (HSD), New Mexico Regulations Governing Facilities Providing Day/Night Care to Children, 6/19/1987.
  HISTORY OF REPEALED MATERIAL:
  8 NMAC 16.2, Child Care Centers, Before/After School Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 8/1/1999.
  8 NMAC 16.2, Child Care Centers, Before/After School Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 8/1/2000.
  8 NMAC 16.2, Child Care Centers, Before/After School Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 8/1/2001.
  8.16.2 NMAC, Child Care Centers, Before/After School Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 11/1/2002.
  8.16.2 NMAC, Child Care Centers, Out of School Time Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 2/14/2005.
  8.16.2 NMAC, Child Care Centers, Out of School Time Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 6/30/2010.
  8.16.2 NMAC, Child Care Centers, Out of School Time Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 11/30/2012.
  8.16.2 NMAC, Child Care Centers, Out of School Time Programs, Family Child Care Homes, and other Early Care and Education Programs - repealed 10/1/2016.

[8.16.2.47 NMAC - Rp, 8.16.2.47 NMAC, 10/1/2016; A, 1/1/2022]