Wyo. Code R. 049-0029-6
Providers of Substitute Care Services, Certification of
Chapter 6: Facility & Foster Home Maintenance
Effective Date: 09/11/1998 to 05/15/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.6.09111998
STANDARDS FOR CERTIFICATION OF PROVIDERS OF SUBSTITUTE CARE SERVICES FOR CHILDREN FACILITY AND FOSTER HOME MAINTENANCE
Section 1. Facility and Foster Home Maintenance.
The facility and or foster home shall be equipped to carry out its program and provide a safe, well maintained physical environment for the residents, personnel, and visitors.
Section 2. Uncrowded conditions shall be documented.
(a) The facility or home shall have sufficient bedroom space to allow at least seventy-five (75) square feet for the first occupant of a bedroom, and fifty (50) square feet for each additional occupant.
(b) Bedrooms in basements and above the first floor shall have direct access to the outside.
(c) There shall be no more than four (4) children to a bedroom.
(d) All children shall have an individual bed.
(e) Children of the opposite sex shall not sleep in the same room.
(f) Except in foster homes children of the opposite sex shall not share the same bathroom.
(g) Staff or foster parents shall never share a bed with a child in care.
Section 3. Safety codes and regulations shall be documented.
(a) There shall be documentation that the facility and or foster home's premises and equipment are safe and functional for use by children, personnel, and visitors.
(b) The facility and or foster home shall comply with all fire regulations and codes applicable to its program.
(i) The facility and/or foster home will comply with the regulations of the state or local fire safety authority.
(ii) Local or State fire codes must be strictly adhered to in order to ensure the safety and well-being of the children, staff and visitors.
(iii) Reports of annual inspections and action taken with respect to these reports must be available to the certification unit within the Department of Family Services.
(iii) The child placing agency will do its own inspection and documentation.
(iv) Prior to construction of a new facility, there shall be a plan review completed by the State Fire Marshall or other local fire authority. After construction is completed and a fire inspection is completed, a certificate of occupancy will be issued.
(A) After a plan review has been completed, a certificate of occupancy shall be issued.
(B) After the construction is completed and a certificate of occupancy has been issued, a fire inspection shall be completed, if required.
(C) The provider shall provide documentation of the review by the fire inspector to the certification unit within the Department of Family Services.
(v) Prior to the purchase or leasing of an existing structure, a fire inspection shall be completed.
(A) After the inspection is completed, a certificate of occupancy shall be issued.
(B) The provider shall provide documentation of the fire inspection to the certification unit within the Department of Family Services.
(vi) Written policy and procedures shall specify facility fire prevention regulations and practices to ensure the safety of children, staff and visitors. These shall include but are not limited to:
(A) Provision for an adequate fire protection service;
(B) An annual inspection if required by local or State fire officials or other qualified person(s); and
(C) Availability of fire protection equipment at appropriate locations throughout the facility.
(c) The facility and/ or the foster home shall comply with all health/sanitation regulations and codes applicable to its program.
(i) Facilities There shall be document documentation that food service, plumbing, ventilation, heating, cooling, lighting, elevators, and other fixtures and equipment conform to all health, sanitation, and safety codes and regulations, and shall provide documentation of the review of health and sanitation regulations to the certification unit within the Department of Family Services.
(ii) The child placing agency shall provide documentation of their review of health and sanitation regulations that are applicable to foster homes to the certification unit within the Department of Family Services. The provider or child placing agency shall provide documentation of the review for health and sanitation regulations to the certification unit within the Department of Family Services.
(d) The facility or child placing agency shall maintain in its permanent file the reports of insurance inspections, occupational safety and health administration reports, incident reports, reports of health, fire, and other safety inspections, and reference copies of applicable regulations.
(e) The facility’s buildings and grounds, offices, other structures, and or foster home shall conform to applicable zoning and building codes.
The facility or child placing agency acts to ensure the functional safety of its residents, personnel and visitors.
(a) The facility or child placing agency shall conduct a program of regular inspection and preventive maintenance to ensure the soundness and safety of its premises, equipment, and fixtures.
(b) The facility shall have a written policy and plan for dealing with fire, medical emergencies, or natural disasters and other life threatening situations.
(i) These policies and plan shall be written in keeping with the needs of the children served by the facility.
(ii) They shall detail evacuation procedures and appropriate responses to medical emergencies.
(iii) All children and staff shall be formally oriented to these procedures.
(A) For their own safety, children and staff need to know what to do in the event of an emergency.
(B) Each staff member and each child in the facility shall be aware of the emergency plan, and there should be evidence of an annual update and review of the plan.
(C) The plan shall cover such emergencies and disasters as fire, severe weather and missing persons.
(iv) Facilities shall have written emergency plans disseminated to appropriate local authorities.
(A) There shall be documentation that dissemination of these plans to local authorities, such as law enforcement, fire department, State police, civil defense, etc., has occurred.
(B) Dissemination of these plans to local authorities will keep them apprised of their roles in the event of an emergency.
(v) Evacuation and emergency plans shall be posted through out the facility.
(A) The plans should be posted so that they are conspicuous and readily available to both clients and employees to assist them in an emergency, yet attached so as to prevent removal.
(B) Directions to and the location of exits, fire extinguishers, first aid equipment and other emergency equipment or supplies shall be posted in the facility.
(a) All facility personnel shall be trained in the implementation of the written emergency and evacuation plans.
(b) All staff must be able to properly execute these plans.
(c) A review of the emergency plans shall be an essential element of personnel orientation and in-service training.
(i) There shall be documentation of the emergency plans orientation training in staff personnel file.
(ii) There shall be documentation of the emergency plans annual in-service training in staff personnel file.
(d) The facility shall conduct monthly emergency evacuation drills.
(i) These shall occur under varied conditions and during hours when a majority of juveniles are present in the facility.
(ii) Emergency drills shall be documented and evaluated as to their effectiveness.
(e) Accessible telephone.
(i) The facility shall have a readily accessible telephone in each major service area.
(ii) Foster parents shall have a telephone in their home.
(a) The facility shall be housed, equipped, and maintained in a manner which is suited to its program of services and which reflects the agency's positive regard for its clients.
(b) The physical environment shall reflect the provider's commitment to provide for the com- fort and dignity of the children who live there.
(c) The facility maintains a work environment for its personnel that is conducive to effective performance and has offices or rooms available for interviewing or counseling families and children in a private and confidential manner.
(a) The facility shall undertake additional health and safety precautions as indicated by the residents need.
(b) The provider which provides any form of residential group care, or foster care shall develop procedures for the maintenance of a safe, hygienic, and sanitary environment and monitors adherence to those procedures. The procedures shall address:
(i) The potential for the spread of infection in bathrooms, bedding, food preparation areas, and in handling of sick children or staff;
(ii) Storage of cleaning supplies and hazardous materials in a safe location;
(iii) Maintenance of a hazard-free environment in facilities through:
(A) Regular checking of water temperature;
(B) Covering electric outlets;
(C) Securing floor covering or equipment;
(D) Reviewing the adequacy of lighting and ventilation;
(F) Identifying hazardous conditions.
(iv) Facilities and foster homes shall maintain well-repaired property and surroundings. If conditions exist in or around a facility or foster home that would be hazardous to the physical well-being of children, families or visitors, they shall be eliminated; and
(v) The facility shall provide the Department of Family Services certifying authority with verification of compliance with fire and health/sanitation inspections.
(c) A facility or program providing foster care or residential group care for children with or at a high risk for acquired immune deficiency syndrome, contagious or infectious diseases takes special precautions against the spread of disease by:
(i) Seeking current medical advice and complying with applicable health regulations governing contagious or infectious disease and problems associated with immunodeficiency;
(ii) Training personnel in the appropriate precautions; and (iii) Establishing routine procedures for the handling of blood, bodily fluids, or open lesions, for disinfecting of surfaces, and governing the use of disposable goods, when indicated.
(d) Hepatitis B vaccinations shall be made available to staff and foster parents as stated by the Occupational Safety and Health Administration (OSHA).
(a) Authority: This Fire Standard shall be administered and enforced by the Authority having jurisdiction designated by W.S. 35-9-101 through W.S. 35-9-130. For purposes of the standard, the Authority having jurisdiction is called the Fire Official. The Fire Official has the authority and responsibility to administer and enforce the adopted codes of the jurisdiction.
(b) Purpose: This chapter establishes requirements for facilities in which children receive care, maintenance and supervision by other than their relative(s) or legal guardian(s).
(i) The purpose of the fire inspection is to prescribe the minimum requirements and controls that will provide a reasonable level of life safety, property protection and public welfare from the actual and potential hazards created by fire, explosions and other hazardous conditions.
(ii) A limited, but reasonable time shall be allowed for compliance with any part of the Code for existing buildings, commensurate with the magnitude of expenditure, disruption of service and the degree of the hazard.
(iii) Group Home facilities certified prior to the effective date of these rules, shall be maintained in accordance with the codes under which the facility was certified. Group Home facilities requesting certification after the effective date of these rules, shall comply with the currently adopted Uniform Building Code, Uniform Fire Code, the Uniform Mechanical Code and the National Electrical Code.
(i) The following definitions shall apply in the interpretation of minimum fire and life safety requirements for group home facilities:
(A) 'Fire Official' - the authorized person serving as a designated employee, representative or agent of the governing authority and may be known as Fire Marshal, Fire Chief, Fire Prevention Official, Chief Fire Prevention Officer, Chief of the Bureau of Fire Prevention, Fire Prevention Chief, Fire Inspector or Authority Having Jurisdiction.
(B) 'Approved' - as to materials, type of construction and appliances, refers to approval by the fire official as the results of investigation and tests conducted by the fire official or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.
(C) 'Homemade Appliance' - an appliance which has been manufactured or constructed by an individual who is not normally in a business of manufacturing or constructing such appli- ances; and where such appliance has not been tested or evaluated by a nationally recognized testing laboratory and properly labeled. Such appliances shall be removed from service.
(D) 'Local Enforcement Jurisdiction' - the governing authority who has the responsibility to provide minimum fire and life safety requirements within their own jurisdiction as outlined in W.S. 35-9-121.
(d) Remodeling, New Construction and Plan Reviews.
(i) Plans shall be submitted prior to beginning work and a plan review shall be accomplished for remodeling in existing facilities and new construction by the State of Wyoming's Department of Fire Prevention and Electrical Safety, in their jurisdiction; when the cost for the construction or remodeling is over $5,000.00 and the facility houses more than eleven (11) children.
(ii) Group Home facilities operating within local enforcement jurisdictions shall follow procedures for permitting and plan reviews as required by the local jurisdiction.
(iii) All construction, regardless of cost or size, shall comply with the minimum adopted state codes.
(e) Exits.
(i) The fire official shall determine the number, placement and adequacy of exits and other fire safety measures relating to exits in accordance with the Uniform Codes.
(ii) Exits shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the exit hazardous.
(iii) Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. (Dead bolts, chains, night latches, etc., are unacceptable.)
(iv) Exits shall be illuminated when the building or structure is occupied.
(v) When required by the fire official, exit signs shall be installed at required exit doorways, and where otherwise necessary to clearly indicate the direction of egress.
(vi) Porcs, steps, stairs, landings and walkways shall be maintained in good repair and safe condition.
(vii) Stairs and elevated porches shall have sturdy railings or guardrails. Guardrails shall be installed at unenclosed floor openings, open and glazed sides of stairways, landings and ramps, balconies or porches, which are more than thirty (30) inches above grade or floor level below. The top of the guardrail shall not be less than forty-two (42) inches in height, and if open shall have intermediate rails or an ornamental pattern such that a four (4) inch sphere in diameter cannot pass through.
(f) Portable Fire Extinguisher.
(i) The proper type and number of fire extinguishers shall be approved by the fire official having jurisdiction. At least one fire extinguisher is required for each occupied level of the facility. The rating of each of the fire extinguishers shall not be less than 2A-10 B:C.
(ii) Fire extinguishers shall be inspected and serviced annually by an individual certified by the State of Wyoming. New and serviced fire extinguishers shall have service tags attached showing date of purchase or date of service.
(iii) Fire extinguishers shall be mounted at a location near an exit. The top of the fire extinguisher shall not be more than five (5) feet from the floor level. Extinguishers shall not be stored or mounted in cupboards or broom closets.
(g) Fire Alarms.
(i) Group Home facilities shall be provided with an approved manual and automatic fire alarm system when the facility is three (3) or more stories in height or contains sixteen (16) or more dwelling units.
(ii) Approved smoke detectors shall be installed on each floor level at a point centrally located in the corridor or area giving access to each separate sleeping room and in each sleeping room. Such detectors shall be installed in accordance with their installation instructions or in accordance with the fire official having jurisdiction.
(iii) In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup. The detector shall emit a signal when the batteries are low. NOTE: While it is not required by the uniform codes the Department of Fire Prevention and Electrical Safety highly recommends that carbon monoxide detectors be installed in all Group Home facilities.
(h) Fire Sprinkler Systems.
(i) A fire sprinkler system shall be installed in the basement of the facility where the floor area of the basement exceeds 1500 square feet.
(ii) An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing sixteen (16) or more dwelling units, every congregate residence three (3) or more stories in height or having an occupant load of twenty (20) or more. Residential or quick-response standard sprinklers shall be used in the dwelling units.
(i) Storage.
(i) Combustible materials shall not be stored in attic areas or similar spaces unless walls, floor and ceiling forming the storage area are protected on the enclosed side by one-hour fire-resistive construction.
(ii) Combustible storage under exit stairways is prohibited, unless such spaces are protected on the enclosed side by one-hour fire-resistive construction.
(iii) Combustible and flammable materials and liquids shall be properly stored and shall not create a fire hazard.
(j) Heating Appliances.
(i) Furnaces shall be approved and shall be cleaned (including filter replacement) as often as necessary to prevent accumulation of lint and dust.
(ii) Solid fuel burning appliances shall be approved by the fire official and installed in accordance with the Uniform Mechanical Code or with the manufacturer's installation instructions and listing. Providers shall provide documentation from installer as relates to the proper installation of the solid fuel burning appliances. (Homemade heating appliances shall be removed from service.)
(iii) All chimneys, smokestacks or similar devices from stoves, furnaces, fireboxes or boilers shall be installed or constructed in accordance with their listings, the Uniform Mechanical Code, The Uniform Building Code or the Uniform Fire Code.
(k) Electrical.
(i) Electrical wiring, outlets, switches, etc. shall be so installed so that it does not create a fire or shock hazard.
(ii) Multiplug adapters, such as Multiplug extension cords, cube adapters, strip plugs and other devices, that do not comply with the National Electrical Code shall not be used.
(iii) Extension cords shall not be used as a substitute for permanent wiring.
(iv) Extension cords shall be used only with portable appliances.
(v) Extension cords shall be plugged directly into an approved receptacle, power tap or Multiplug adapter and shall, except for approved Multiplug extension cords, serve only one portable appliance.
(vi) The ampacity of the extension cord shall not be less than the rated capacity of the portable appliance supplied by the cord.
(vii) The extension cord shall be maintained in good condition without splices, deterioration or damage.
(viii) Extension cords shall be grounded when servicing grounded portable appliances.
(l) Fire Drills/Safety.
(i) Fire Drills in Group R Occupancies used as a Group Home facility shall be conducted in accordance with the following:
(A) Fire drills shall be conducted quarterly for each shift. Fire drills shall be initiated by either the activation of the fire alarm system or a coded public announcement. When fire drills are conducted, all persons who are subject to the fire drill requirements shall participate in the drill.
(B) Records of fire drills shall be maintained on the premises for review by the authority having jurisdiction. Records of fire drills shall include the time and date of each drill held, the name of the person conducting such drill, and other information relative to the drill.
(C) Fire drills shall be conducted at varying times and under varying conditions to simulate conditions that could occur during a fire or other emergency.
(D) When required by the chief, the fire department shall be notified prior to each drill.
(E) Emergency plans and staff training shall be provided. Emergency plans shall include the procedure for reporting of emergencies and notifying relocation and evacuation of children; staff member duties during emergencies; floor plans identifying the locations of portable fire extinguishers, other manual fire-extinguishing equipment, manual fire alarm pull stations and fire alarm control panels; floor plans identifying the primary and secondary routes of evacuation for each room or portion of the occupancy; and site maps identifying the designated exterior assembly area for each evacuation route. Emergency plans shall be submitted to the fire department for review by the fire chief.
(F) All staff shall be assigned duties for emergencies and shall be trained in their duties. Training shall include familiarization with assigned duties, evacuation routes, areas of refuge, exterior assembly areas and procedures for leading groups or assisting individuals to evacuate.
(G) Staff shall be trained to know the location and proper use of portable fire extinguishers. Staff shall be familiar with fire alarm signals, when alarms are provided, and emergency action required under emergency conditions. Staff shall receive training in the emergency plans and their duties as part of new staff orientation and at least annually thereafter.
(m) Escape or Rescue Windows.
(i) Basements in dwelling units and every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools.
(ii) Escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall be twenty-four (24) inches. The minimum net clear openable width dimension shall be twenty (20) inches.
(iii) The minimum finished sill height not more than forty-four (44) inches above the finished floor.
Authority and Purpose. W.S. 14-4-104 (a) (iii) and (iv), W.S. 9-2-106 and W.S. 35-1-240 (a)(xiii)(xv) and (xvi). The purpose of certification is to regulate the health and sanitation policies and practices of child care facilities to protect the health, safety and welfare of children.
(a) Definitions. The following definitions shall apply in the interpretation of health and sanitation standards for child care facilities:
(i) “Approved chemical sanitizing agent” - those sanitizing solutions that have as active ingredients chlorine, iodine, quaternary ammonia or other sanitizing solutions approved by the health officer.
(ii) “Bottled water” - water that is commercially packaged at plants and inspected by the Wyoming Department of Agriculture or the U.S. Food and Drug Administration.
“Communicable” - capable of being transmitted from one person to another.
(iv) “Compliance letter” - a letter sent to the health official outlining what has or will be done by the provider to comply with the health/sanitation standards.
(v) “Critical item” - a provision that if in noncompliance, is more likely than other violations to contribute to food contamination, illness or environmental health hazard.
“Cross-contamination” means the transmission of infectious or toxic agents from one object to another.
(vii) “Easily cleanable” - readily accessible and having a smooth, hard, impermeable surface that can be washed and disinfected by normal cleaning methods.
(viii) “Food” - any raw, cooked or processed edible substance, beverage or ingredient used or intended for use, in whole or in part, for human consumption.
(ix) “Food area(s)” - that area of the facility used for storage, preparation or serving of food. Included is the area where the food service utensils and equipment are washed and/or stored.
“Food-contact surface” - the surface or surfaces of utensils, equipment, etc. on which food or parts of the food may come into contact.
(xi) “Food service equipment” - includes stoves, ranges, hoods, tables, mixers, can openers, refrigerators, freezers and other similar items other than utensils used in food preparation, storage and/or display.
(xii) “Garbage” - decomposable waste resulting from the growing, handling, preparation, cooking and consumption of food; also includes sanitary napkins, soiled diapers, and other insect or rodent-attracting refuse.
(xiii) “Health officer” - the director of the Department of Health, his official representative, his designee or the person appointed as health officer pursuant to W.5. 35-1-305 and 306.
(xiv) “Insect and rodent proof” - capable of keeping insects and rodents from entering the building, garbage containers, diaper pails or containers (e.g., tight fitting screens, doors, lids, etc.).
(xv) “Multi-use” - designed or intended to be used more than once and intended to be cleanable.
(xvi) “Nonabsorbent” - a relatively hard surface that will not absorb liquids, food items, etc.
(xvii) “Pathogen(ic)” - any disease-producing micro-organism or material.
(xviii) “Potable water” - water that is acceptable for human consumption as determined by the Safe Drinking Water Act standards of the Environmental Protection Agency (EPA). (xix) “Potentially hazardous food”
(A) A food that is a natural or synthetic and that requires temperature control because it is in a form capable of supporting:
(I) The rapid and progressive growth of infectious or toxigenic microorganisms;
(II) The growth and toxin production of Clostridium botulinum;
(III) In raw shell eggs, the growth of Salmonella enteritidis.
(B) “Potentially hazardous food” includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subparagraph (A) of this definition.
(C) “Potentially hazardous food” does not include:
(I) An air-cooled hard-boiled egg with shell intact;
(II) A food with a water activity value of 0.85 or less;
(III) A food with a pH level of 4.6 or below when measured at 24 C (75 F);
(IV) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;
(V) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. enteritidis in eggs or
C. botulinum cannot occur, such as a food that has a water activity and a pH that are above the levels specified under Subparagraphs (C)(II) and (III) of this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
(VI) A food that does not support the growth of microorganisms as specified under Subparagraph (A) of this definition even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.
(xx) “Private water supply” - a water supply meant for human consumption, but that is used by the occupants of only one facility and the children being cared for at that facility (well, cistern, etc.).
(xxi) “Regulating authority” - the Department of Family Services (DFS) or its designated representative.
(xxii) “Safe materials” - articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of the food.
(xxiii) “Sanitation” - an effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemical for a long enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.
(xxiv) “Single service article” - includes eating and drinking utensils, placemats, hand towels, etc., that are designed or intended to be used only once and then discarded.
(xxv) “Shielding” - a protective covering placed over lights or heating fixtures that will effectively prevent glass fragments from contaminating foods or food contact surfaces.
(xxvi) “Toxic items” - any chemicals with EPA toxicity labels of “caution”, “warning” or “danger” for dermal, oral and/or inhalation exposure.
(xxvii) “Utensils” - include kitchenware, tableware, glassware, cutlery, containers with which food or drink comes into contact during storage, preparation or serving.
(b) Review of Plans and Specifications. Whenever a child care facility having a capacity of more than eleven (11) children is constructed or remodeled or an existing structure is converted to use as a child care facility having a capacity of more than eleven (11) children the following shall occur:
(i) A copy of the plans and specifications for such construction, remodeling or conversion shall be submitted to the health officer for review and approval;
(ii) This shall be submitted at least sixty (60) days prior to the date for occupancy or the start of construction;
(iii) The health officer shall review the plans and specifications and a letter of approval or disapproval shall be sent within thirty (30) days from the date of receiving the plans;
(iv) If the plans and specifications are disapproved, each deficiency or item not found on the plans and specifications shall be so indicated on the plan review; (v) The applicant shall then submit a letter indicating that they have changed their plans in accordance with those items listed in the review;
(vi) Upon receipt of the compliance letter, the health officer shall issue a letter of approval;
(vii) This submittal of plans and specifications does not fulfill any requirements of state or local fire officials;
(viii) Each set of plans and specifications sent to the health officer shall include the following:
(A) The floor plan, including the number and location of toilets, urinals, lavatories, laundry facilities, service and hand sinks, doors, windows, window coverings, walls, ceiling and floor surfaces, colors and finishes of the restrooms and food areas;
(B) All food service equipment or appliances shall be designated on the drawing as to location;
(C) All sewage including liquid waste, shall be disposed of by a public sewage system, or by a sewage disposal system constructed and operated according to the requirements of the Wyoming Department of Environmental Quality (WDEQ) or any local county regulations that may exceed those imposed by WDEQ. Non-water carried sewage disposal facilities are prohibited, except as permitted by the health officer.
(ix) All new occupancies, new construction, remodeling or conversions of child care facilities shall comply with:
(A) The Uniform Plumbing Code (UPC) International Association of Plumbing and Mechanical officials, latest edition;
(B) Local building and/or in their absence, the Uniform Building Code (UBC), latest edition;
(C) The Federal Safe Drinking Water Act;
(D) All substitute child care facilities having a capacity for more than eleven (11) children shall comply with the Wyoming Food Service Regulations, latest edition..
(c) Sanitation Requirements for Child Care Facilities.
(i) All substitute child care facilities having a capacity of more than eleven (11) chil- dren shall be required to comply with the Wyoming Food Service Regulations, latest edition, and the following Sanitation Requirements for Child Care Facilities in (c) (ii)
(ii) All other child care facility providers shall comply with the following standards:
(A) Floors and floor coverings shall be maintained in good repair and shall not be visibly soiled;
(B) The walls, wall coverings and ceilings shall be maintained in good repair and shall not be visibly soiled
(I) If present, lead-based paint shall not present a poisoning hazard. Building components including walls, doors, and windows that have been painted with lead-based paint shall have the paint safely removed, covered over or shall be maintained to ensure dust lead levels do not exceed 100 micrograms/sq. ft. on the floors (including carpeted floors), 500 micrograms/sq. ft. on the interior window sills and 800 micrograms/sq. ft. in the window troughs.
(II) Any other hazardous compounds, to include urea formaldehyde and asbestos, shall be excluded from new construction material(s) in walls and ceilings or shall be effectively sealed in existing facilities.
(C) Light fixtures, vent covers, wall-mounted fans and similar equipment attached to walls and ceilings shall be kept clean and maintained in good repair; (D) Doors and Windows.
(I) All doors, windows and other exits to the outside shall effectively protect against the entrance of insects and rodents.
(II) Screening material shall not be less than sixteen (16) mesh to the inch.
(E) Lighting.
(I) All rooms in which food or drink are prepared or in which utensils are washed or stored shall be uniformly lighted with a minimum of 20 foot candles of light at work level;
(II) Lighting shall be from a permanently fixed artificial light source;
(III) Shielding to protect against broken glass falling in food shall be provided for all artificial lighting fixtures located over, by or within food storage preparation, service or display areas and where utensils and equipment are cleaned and stored.
(F) All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, fumes, toxic gases or stagnant air.
(G) Restrooms.
(I) All child care facilities shall be provided with restroom facilities. Each facility shall have at least one commode and one lavatory per restroom. In addition, facilities having more than eleven (11) children shall comply with the requirements of the Uniform Plumbing Code (UPC), latest edition.
(II) If care is provided to children who are not toilet trained, at least one “potty chair” per four (4) children who are being toilet trained shall be required.
(III) All restrooms shall be provided with covered trash receptacles, single service hand towels or hand drying devices, hand cleanser and toilet tissue at all times.
(IV) Toilet facilities shall be kept clean, sanitary, and maintained in good repair.
(H) Water supply.
(I) Hot and cold potable water (under pressure) shall be provided to all rooms in which food is prepared and utensils are washed and to all restrooms.
(II) The water supply shall be of such quantity as to provide enough water for food preparation, personal hygiene, and washing of utensils and equipment, and laundry.
(III) Private water supplies serving child care facilities shall have a bacterial test every three (3) months. If infants under one year are present, the water supply shall be tested for nitrates annually.
(IV) All bottled, packaged or transported water shall be potable, per Safe Drinking Water Act of the EPA.
(I) Lavatories.
(I) Lavatories shall be located in all restrooms and shall be supplied with hot and cold running water.
(II) Sinks shall be located at a convenient height (24-36 inches top) for children, or stools shall be provided.
(III) Diaper changing area shall be located as close as possible to an operable hand sink with hot and cold running water. The distance from diaper changing area to such hand sink shall not exceed twelve (12) feet.
(IV) Hot water from such lavatories or other child accessible faucet(s) shall not exceed 120 F at exit point from the faucet.
(J) Utensils and equipment.
(I) Food service multi-use utensils and food contact surfaces of equip- ment shall be constructed and repaired with safe materials. They shall be corrosion resistant, easily cleanable and durable under conditions of normal use.
(II) Single service articles shall be made from clean sanitary, and safe materials.
(III) Reuse of single service articles is prohibited.
(K) Multi-use utensils and food contact surfaces of equipment shall be washed, rinsed and sanitized after each use or whenever contamination may have occurred. Food contact surfaces shall be corrosion resistant, durable and easily cleanable under normal use.
(L) Non-food contact surfaces of equipment shall be cleaned as necessary to keep the equipment free of dust, dirt, food particles and other debris.
(M) Manual washing and sanitizing of utensils and food contact surfaces.
(I) For manual washing, rinsing and sanitizing utensils and equipment, three (3) compartments or containers shall be used. (This applies to group/crisis homes only. Institutions shall comply with the Wyoming Food Service Regulations, latest edition.)
(II) Each compartment shall be large enough to accommodate the utensils or equipment.
(III) The first compartment shall contain a hot detergent that is kept clean. The second compartment shall contain hot, clear rinse water. The third compartment shall contain an approved sanitizing solution as outlined in the Wyoming Food Service Regulations. All utensils and equipment shall remain in the sanitizing rinse for at least one minute, and the utensils or equipment shall then be air dried.
(IV) When chemicals are used for sanitization, a test kit or other device that accurately measures the parts per million concentration of the sanitizer shall be provided and used.
(N) Mechanical washing and sanitizing.
(I) Cleaning and sanitizing may be done by a spray type or immersion dish washing machine or by any other type of machine or device if it can be demonstrated to the health officer that it thoroughly cleans and sanitizes utensils and equipment. Home-type machines followed by hand sanitizing, may be approved. (This applies to group and family foster care homes only. Institutions shall comply with the Wyoming Food Service Regulations, latest edition.)
(II) These machines and devices shall be maintained in good repair and shall be operated in accordance with the manufacturer's instructions.
(O) Storage of utensils and equipment.
(I) Cleaned and sanitized utensils and equipment shall be stored at least six (6) inches above the floor level in a clean, dry location and in a manner that protects them from contamination by splash, dust or other means.
(II) Food contact surfaces of fixed equipment shall also be protected from contamination by splash, dust or other means.
(III) Single service articles shall be stored at least six (6) inches above the floor in closed cartons or containers that protect them from contamination.
(P) Sewage disposal.
(I) All sewage, including liquid waste, shall be disposed of by a public sewage system or by a sewage disposal system constructed and operated according to the requirements of the Department of Environmental Quality (DEQ) or its authorized representative.
(II) Non-water carried sewage disposal facilities are prohibited, except as permitted by the health officer in remote areas or because of special situations.
(Q) Solid waste (garbage).
(I) Garbage storage, inside, shall be kept in lined, durable, easily cleanable, insect and rodent-proof containers that will not leak or absorb liquids.
(II) All containers used for garbage shall be kept closed with tight-fitting lids and shall be available in sufficient numbers. Outside containers shall be made inaccessible to dogs, cats and wild animals.
(III) Containers shall be kept clean at all times.
(IV) Garbage and refuse shall be disposed of often enough to prevent the development of odor(s) and/or the attraction of insects and rodents.
(R) Food care.
(I) Food shall be of a sound condition, free from spoilage, filth or other contamination and shall be safe for human consumption.
(II) Food shall be obtained from sources that comply with all laws relating to food and food labeling.
(III) The serving of “home-canned” foods to children is prohibited, except in the case of children living in adoptive or foster care homes.
(IV) Fluid milk and milk products used or served shall be pasteurized and shall meet the Grade A Quality standards established by law. (The serving of raw or unpasteurized milk is prohibited.)
(V) Dry milk and dry milk products shall be made from pasteurized milk or milk products.
(VI) At all times, including while being stored, prepared, displayed, served or transported, food shall be protected from contamination by dust, insects, rodents, unclean utensils and equipment, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage.
(VII) The temperature of potentially hazardous food shall all be kept at 41 F (5 C) or below, or 140 F (60 C) or above, at all times. Sufficient refrigerated or hot or cold storage equipment shall be available to maintain these temperatures. Thermometers accurate to a minimum of ±3 F shall be available at all times for monitoring food temperatures. Refrigeration thermometers shall be kept in top front of the unit.
(VIII) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered and labeled container.
(IX) Containers of food, except those packaged in water-proof containers, shall be stored at least six (6) inches above the floor.
(X) Frozen food shall be stored at a temperature of 0 F.
(XI) Food shall be prepared with the least possible manual contact, with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed and sanitized to prevent cross-contamination.
(XII) Potentially hazardous frozen foods shall not be thawed at room temperature. Potentially hazardous frozen foods shall be thawed under the following conditions:
(1) In a refrigeration unit at a temperature not to exceed 41 F (5 C);
(2) Under potable running water at a temperature of 70 F (21 C) or below; or
(3) In a microwave or conventional oven when the thawing is part of a continuous cooking process.
(XIII) All food shall be served and displayed in a clean sanitary manner.
(XIV) Milk and milk products shall be provided to the children from a commercially filled container. Grade A pasteurized milk bottled in one half or one gallon containers may be used for pouring glasses of milk. The USDA commodity code does not allow dry or powdered milk products to be reconstituted and used for drinking purposes.
(XV) Once served to a child, the unwrapped portion or any leftover food or drink shall not be served again.
(XVI) Cooking of all potentially hazardous foods shall be accomplished in accordance with the Wyoming Food Service Regulations, latest edition.
(I) All animals except in the case of foster home and adoptive homes shall be excluded from the food preparation, utensil and equipment washing and dining areas.
(II) Domestic animals that can be vaccinated and permitted on the premises shall have all current vaccination as required by the local ordinance and shall be considered free of communicable diseases. Verification of such vaccinations shall be present on the premises.
(III) Wild or potentially harmful animals shall not be allowed on the premises.
(IV) European ferrets shall not be kept on the premises.
(I) Insect and rodent control measures shall be implemented as needed to keep them under control.
(II) Approved methods, besides physical restraint are pyrethrum sprays (2%), rotenone, stick-up fly strips, electronic killing devices and other methods or pesticides if approved by the health officer.
(I) No person, while infected with a reportable communicable disease, per W.S. 35-4-130, or who is a carrier of organisms that cause such a disease or while afflicted with a boil, an infected wound, or an acute respiratory infection, shall work in a child care facility.
(II) Children infected with a reportable communicable disease shall be separated from the other children in the facility.
(III) If an employee in a facility becomes seriously suspiciously ill with a reportable communicable disease during their shift, he or she shall be isolated from the children until he or she can be examined or treated by a physician.
(IV) Readmission to the facility or release from isolation of children and/or staff, after the illness shall not occur without the written consent of a physician certifying the noncommunicability of the person.
(V) A room or other area that can be used for isolation shall be provided at each facility for persons becoming ill or suspected of being ill with a reportable communicable disease, and it shall be equipped with a cot or bed and bedding material that can be easily sanitized.
(VI) When communicable diseases occur, all staff members shall be advised and all parents or guardians of exposed children shall be immediately notified by the provider to observe for symptoms; the specific identity of the persons infected with a communicable disease shall not be revealed except to authorized health care authorities. (VII) Facilities shall report any reportable, communicable disease occurring to the children to the local public health office.
(VIII) After a child is diagnosed as having a reportable, communicable disease, he or she shall be allowed unrestricted movement within the facility only upon written approval of the attending physician.
(IX) Facilities shall obtain the current list of reportable diseases from the Division of Health and Medical Services.
(X) All persons engaged in food preparation or who come in contact with the children shall have an initial negative tuberculosis (TB) test and shall declare that they are free and have been free of reportable communicable diseases within one year prior to employment.
(XI) Chronic upper respiratory problems, except common allergies, shall require annual examinations by a physician.
(XII) Deteriorating health conditions shall be brought to the attention of the certifying authority.
(V) Personnel practices.
(I) All persons who come in contact with the children or who are involved in the food preparation aspect of the operation shall wash their hands and exposed portions of their arms with soap and warm water before food preparation, before and after diaper changes, after smoke breaks, during food preparation, after using the toilet and whenever else it is necessary to keep them clean and free of contamination.
(II) No person shall use tobacco in any form while engaged in food preparation, service of food or while washing utensils or equipment. Smoking is prohibited in these areas.
(III) Hair control shall be employed by all those in food preparation. Hair shall be restrained in such a manner as to prevent hairs from contaminating food or food contact surfaces.
(IV) Persons engaged in food preparation or who come in contact with the children shall maintain good hygienic practices during all working periods at the child care facility.
(V) The outer clothing of all employees shall be clean and free of food residues.
(W) Diaper changing area.
(I) Any child care facility having children requiring diaper changes shall have a designated diaper changing area.
(II) Such an area shall have a smooth, nonabsorbent, easily cleanable surface.
(III) This area shall be sanitized after each diaper change with an approved chemical sanitizing agent or other sanitizing apparatus.
(IV) Such sanitizing agents or apparatus shall be readily available and clearly labeled.
(X) Personal incidentals.
(I) Each child is to be assigned a sleeping area, to include as a minimum: bed, mattress and pillow, supply of bed linen, and closet/locker space for the storage of personal items.
(II) There shall be written policy and procedures to provide for the issue of clean, usable bedding, linen and towels to new children, with provision for exchange or laundering at least weekly.
(III) For purposes of sanitation, mattress covers shall be provided and provisions made to provide clean bed linen or to allow children to wash their own bed linen. Bedding issue shall include two sheets, one pillow case and sufficient blankets.
(IV) Written policy and procedure ensure that personal hygiene articles are provided.
(1) When a child is unable to purchase these articles, provision should be made for them to be supplied.
(2) Such articles should include but not be limited to the following: soap, toothbrush, toothpaste or powder, comb, toilet paper, sanitary products and deodorant.
(Y) First Aid.
(I) All family and group child care homes shall have at least a basic first-aid kit or its equivalent on hand at all times.
(II) All facilities shall have the basic first-aid kit and the amount of each component in proportion to the size of the facility.
(Z) Miscellaneous.
(I) All medicines, alcohol, detergents, sanitizers and related cleaning compounds and other chemicals shall be inaccessible to children.
(II) Poisonous compounds such as insecticide rodenticide and other chemicals bearing the EPA toxicity labels, “warning” or “danger” shall be kept under lock and key.
(III) Poisonous or toxic chemicals shall not be stored above or adjacent to food, food items (utensils), food contact surfaces or toys and playthings. They shall not be used in such a manner that they could contaminate these articles.
(IV) Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.
(V) All toys provided to the children shall be of such construction so as to have a smooth and easily cleanable surface.
(VI) Hard surface toys and other small articles that may find their way into children's mouths shall be cleaned and sanitized at a minimum daily or whenever visibly soiled. Other toys shall be cleaned and sanitized every thirty (30) days or whenever visibly soiled.
(d) Management.
(i) The overall condition of the child care facility and grounds shall be maintained in a clean, uncluttered, sanitary and healthful manner.
(ii) The certificate or license to operate a group home/institution, crisis center or child placing agency shall be posted in a conspicuous place so it can be observed by the parents and the health officer.
(iii) If the health or sanitation conditions of a child care facility pose an imminent health threat to the children or staff, the health officer shall, after consultation with the Director of the Department of Family Services or his delegated representative, summarily suspend the certification to operate under W.S. 16-3-113(c).
(A) The certification shall remain suspended and the facility closed until the conditions justifying suspension have been corrected.
(B) Such conditions shall be specified to the provider/director, and the provider shall be notified as to his right to an administrative hearing.
(C) Refer to the Department of Family Services for administrative hearing procedures.
(e) Inspection of Child Care Facilities.
(i) Representatives of the Department of Family Services and/or the health officer or their designated representatives shall be permitted to enter any child care facility at any time for the purpose of making necessary inspections to determine compliance with health standards.
(ii) Representatives of the Department of Family Services and/or the health officer or designated representative shall be permitted to examine the records of the child care facility that he/she considers necessary for compliance with these standards.
(iii) A health and sanitation inspection of a child care facility (except family foster homes) shall be performed at least once every twelve (12) months by the designated representative of the health officer. Additional inspections of the facility shall be performed as necessary for enforcement of these standards.
(iv) Inspection and enforcement procedures for these sanitation standards, unless otherwise agreed upon in writing with the Department of Health of the local jurisdictional areas, shall be as follows:
(A) The original copy of the inspection form shall be retained in the permanent file of the health officer or designated representative;
(B) One copy of the completed inspection report form shall be furnished to the person in charge of the facility at the conclusion of the health inspection; and
(v) Compliance procedures are as follows:
(A) The health officer or designated representative will issue a “pass” or “fail” inspection;
(B) If the result of the inspection is “fail” the facility director must notify the Department of Family Services certifying authority immediately;
(C) No new certificate will be issued with any uncorrected critical item.