Wyo. Code R. 049-0029-7
Providers of Substitute Care Services, Certification of
Chapter 7: Health and Sanitation
Effective Date: 07/10/1990 to 09/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.7.07101990
Section 1. Authority and Purpose. W.S. 14-4-104 (a) (M) 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.
Section 2 shall apply in the interpretation of health and sanitation standards for child care facilities.
Definitions. The following definitions
( a ) 'InApproved chemical sanitizing agent' - those sanitizing solutions that have as active ingredients chlorine, iodine, quaternary ammonia or other sanitizing solutions approved by the health officer.
( b ) '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.
(C) 'Communicable' transmitted from one person to another.
capable of being
(d) 'Compliance letter' - a letter sent to the health officer outlining what has or will be done by the provider to comply with the health/sanitation standards.
(e) 'Cross-contamination' - the transmission of infectious or toxic agents from one object to another.
(f) 'Easily cleanable' - readily accessible and having a smooth, hard, impermeable surface that can be washed and disinfected by normal cleaning methods.
(g) 'Food' - any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use, in whole or in part, for human consumption.
(h) 'Food area(s)' - that area of the facility used for storage, preparation or serving of food. Included is that area where the food service utensils and equipment are washed and/or stored.
(i) 'Food-contact surface' - the surface or surfaces of utensils, equipment, etc. on which food or parts of the food may come into contact.
(j) 'Food service equipment' - includes stoves, ranges, hoods, tables, mixers, can openers, refrigerators,
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freezers and other similar items other than utensils used in food preparation, storage and/or display.
W '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.
(l) 'Health officer' - the director of the Department of Family Services, his official representative, his designee or the person appointed as health officer pursuant to W.S. 35-1-305 and 306.
W 'Insect and rodent proof 11 - capable of keeping insects and rodents from entering the building, garbage containers, diaper pail(s) or containers (e.g., tight fitting screens, doors, lids, etc.)
(n) 'Multi-use' - designed or intended to be used more than once and intended to be cleanable.
(o) 'Nonabsorbent' - a relatively hard surface that will not absorb liquids, food items, etc.
(p) 'Pathogen(ic)' - any disease-producing
micro-organism or material.
(q) 'Potable water' - water that is acceptable for human consumption as determined by the standards of the Environmental Protection Agency (EPA).
(r) 'Potentially hazardous foods' - any food that consists in whole or in part of milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients in a form capable of supporting rapid and progressive growth of pathogenic microorganisms. This term does not include clean, whole, uncracked, odor-free shell eggs or foods that have a ph level of 4.6 or below or a water activity value of 0.85 or less.
(S) '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.).
(t) 'Regulating authority' - that Department of
Family Services (DFS) or its designated representative.
(u) 'Safe materials' - articles manufactured
from or composed of materials . expected to result, directly becoming a component or characteristics of the food.
that may not reasonably be or indirectly, in their otherwise affecting the
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( v ) 'Sanitization' - 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.
(W) 'Single service articles' - includes eating and drinking utensils, placemats, hand towels, etc. that are designed or intended to be used only once and then discarded.
(x) 'Shielding' - a protective covering placed over lights or heating fixtures that will effectively prevent glass fragments from contaminating foods or food contact surfaces.
(Y) 'Utensils' includes kitchenware, tableware, glassware, cutlery, containers with which food or drink comes into contact during storage, preparation or serving.
(a) Whenever a child care facility having a capacity of more than 11 children is constructed or remodeled or an existing structure is converted to use as a child-caring facility having a capacity of more than 11 children, a copy of the plans and specifications for such construction, remodeling or conversion shall be submitted to the health officer for review and approval at least 60 days prior to the date for bid letting, the date for occupancy or the start of construction. The health officer shall review the plans and specifications and a letter of approval, or disapproval shall be sent within 30 days from the date of receiving the plans. 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. The applicant shall then submit a letter indicating that they have changed their plans in accordance with those items listed in the review. Upon receipt of the compliance letter, the health officer shall issue a letter of approval.
This submittal of plans and specifications does not fulfill any requirements of state or local fire officials.
(b) Each set of plans and specifications sent to the health officer shall include the following:
(i) 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;
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(ii)
All food service equipment or apportenances shall be designated on the drawing as to location;
(iii) All sewage, including liquid waste, shall be disposed of by a public sewerage system, or by a sewerage disposal system constructed and operated according to the requirements of the Department of Environmental Quality (DEQ) or any local county regulations that may exceed those imposed by DEQ. Nonwater carried sewage disposal facilities are prohibited, except as permitted by the health officer;
(iv) 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 plumbing and/or in their absence, the Uniform Building Code (UBC), latest edition;
(C) Wyoming Water Quality Rules and Regulations, latest edition;
(D) Wyoming Food Service Regulations, State of Wyoming, latest edition.
Section 4. Sanitation Requirements for Child Care Facilities.
(a) All child care facilities having a capacity of more than 11 children shall be required to comply with the Wyoming Food Service Regulations, State of Wyoming, latest
edition.
(b) All other child providers shall comply with the
following standards:
(i) Floors and floor coverings shall be maintained in good repair and shall not be visibly soiled.
(ii) The walls, wall coverings and ceilings shall be maintained in good repair and shall not be visibly soiled.
(iii) Light fixtures, vent covers, wall-mounted fans and similar equipment attached to walls and ceilings shall be kept clean and maintained in good repair.
(iv) Walls and ceiling surfaces:
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(A) No lead-based paint shall be kept in or used on the walls, ceilings or floors of the facility. Walls, ceilings or floors having lead-based paint shall have the paint removed, covered over or otherwise made inaccessible to the children.
(B) Any other toxic or potentially hazardous compounds, to include urea formaldehyde and asbestos, shall be excluded from new construction materials) in walls and ceilings or shall be effectively sealed in existing facilities.
(v) Doors and windows:
(A) All doors, windows and other exits to the outside shall effectively protect against the entrance of insects and rodents.
(B) Screening material shall not be less
than 16 mesh to the inch.
(vi) Lighting:
(A) 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.
(B) Lighting shall be from a permanently fixed artificial light source.
(C) Shielding to protect against broken glass falling into 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.
(vii) 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. Wyoming Food Service Regulations have additional ventilation requirements for facilities caring for more than 11 children in one unit.
(viii) Restrooms:
(A) 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 11 children shall comply with the requirements of the Uniform Plumbing Code (UPC), latest edition.
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(B) If care is provided to children who are not toilet trained, at least one 'potty chair' per four children who are being potty trained shall be required.
(C) 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.
(D) Toilet facilities shall be kept clean and sanitary and maintained in good repair.
(ix) Water supply:
(A) Hot and cold portable water (under pressure) shall be provided to all rooms in which food is prepared and utensils are washed and to all restrooms.
(B) The water supply shall be of such quantity as to provide enough water for food preparation, washing of hands and washing of utensils and equipment.
(C) Private water supplies serving child-caring facilities shall have a bacterial test every three months. If infants under one year are present, the water supply shall be tested for nitrates every three years.
(D) All bottled, packaged or transported water shall be potable.
(x) Lavatories:
(A) Lavatories shall be located in all
restrooms.
(B) Sinks shall be located at a convenient height (24-36 Inches at top) for children, or stools shall be provided.
(C) 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 12 feet.
(D) Hot water from such lavatories or other child accessible
faucet(s) shall not exceed 120OF at exit point from the faucet.
(xi) Utensils and equipment:
(A) Multi-use utensils and equipment shall be constructed and repaired with safe materials. They shall
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be corrosion resistant, easily cleanable and durable under conditions of normal use.
(B) Single service articles shall be made from clean, sanitary and safe materials.
(C) Reuse of single service articles is
prohibited.
(xii) 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.
(xiii) Non-food contact surfaces of equipment shall be cleaned as necessary to keep the equipment free of dust, dirt, food particles and other debris.
(xi V)
Manual washing and sanitizing of utensils and food contact surfaces:
(A) For manual washing, rinsing and sanitizing of utensils and equipment, three compartments or containers shall be used. (This applies to group/crisis care homes only. Institutions shall comply with the Wyoming Food Service Regulations, latest edition.)
(B) Each compartment shall be large enough to accommodate the utensils or equipment.
(C) 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. Dishes and equipment shall then be air dried.
(D) All utensils and equipment shall remain in the final sanitizing rinse for at least one minute, and the utensils or equipment shall then be air dried.
(E) 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.
(XV) Mechanical washing and sanitizing:
(A) Cleaning and sanitizing may be done by a spray type or immersion dishwashing 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.)
(B) These machines and devices shall be maintained in good repair and shall be operated in accordance with the manufacturer's instructions.
(xvi) Storage of utensils and equipment:
(A) Cleaned and sanitized utensils and equipment shall be stored at least six 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.
(B) Food contact surfaces of fixed equipment shall also be protected from contamination by splash, dust or other means.
(C) Single service articles shall be stored at least six inches above the floor in closed cartons or containers that protect them from contamination.
(xvii) Sewage disposal:
(A) All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewerage disposal system constructed and operated according to the requirements of the Department of Environmental Quality (DEQ) or its authorized representative. (B) Nonwater carried sewage disposal facilities are prohibited, except as permitted by the health officer in remote areas or because of special situations.
(xviii) Solid waste (garbage):
(A) Garbage storage, inside, shall be kept in lined, durable, easily cleanable, insect and rodent-proof containers that will not leak or absorb liquids.
(B) All containers used for garbage shall be kept covered with tight-fitting lids and shall be available in sufficient numbers to accomodate all garbage and refuse. Outside containers shall be made inaccessible to dogs, cats and wild animals.
times.
(C) Containers shall be kept clean at all
(D) Garbage and refuse shall be disposed of often enough to prevent the development of odor(s) and/or the attraction of insects and rodents.
(xix ) Food care:
(A ) Food shall be of a sound condition, free from spoilage, filth or other contamination and shall be safe for human consumption.
(B) Food shall be obtained from sources that comply with all laws relating to food and food labeling. Wild game is prohibited from being served to the children, except for children living in adoptive homes or foster care homes.
(C) The serving of "home-canned" foods to the children is prohibited, except in the case of children living in adoptive or foster care homes.
(D) 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.)
(E) Dry milk and dry milk products shall be made from pasteurized milk or milk products.
(F) 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.
(G) The temperature of potentially hazardous food shall be kept at 45°F or below, or 140°F 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 |
|---|---|
| +30°C shall be | available at all times for monitoring food |
| temperatures. | Refrigeration thermometers shall be kept in |
| top front of the unit. |
(H) 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.
(I) Containers of food, except those packaged in water-proof containers, shall be stored at least six inches above the floor.
(J) Cooked or finished potentially hazardous food stored under refrigeration shall not exceed five inches in depth.
W Frozen food shall be stored at a temperature of zero degrees Fahrenheit or below.
(L) 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.
(M) Potentially hazardous frozen foods shall be thawed under the following conditions:
M In a refrigeration unit at a temperature not to exceed 45OF;
(11) Under potable running water at a
temperature of 70OF or below.
(III) In a microwave or conventional oven when the thawing is part of a continuous cooking process. Potentially hazardous frozen foods shall not be thawed at room temperature.
(N) All food shall be served and displayed in a clean and sanitary manner.
(O) Milk and milk products shall be provided to the children directly from a commercially filled container or, in the case of instant dried milk, from the original container used for preparation.
(P) Once served to a child, that unwrapped portion of any leftover food or drink shall not be served again.
(xx) Animals:
(A) All animals except in the case of foster homes shall be excluded from the food preparation, utensil and equipment washing and dining areas.
(B) 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.
(C) Wild or 'potentially harmful animals shall not be allowed on the premises.
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(D) European ferrets shall not be kept on
the premises.
(xxi) Pest control:
(A) Insect and rodent control measures shall be implemented as needed to keep them under control
(B) Approved methods, besides physical restraint, are pyrethrum sprays (2%), rotenone, stick-um fly strips, electronic killing devices and other methods or pesticides if approved by the health officer.
(xxii) Communicable diseases:
(A) No person, while infected with a reportable communicable disease 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-caring facility.
(B) Children infected with a reportable, communicable disease shall be separated from the other children in the facility.
(C) If an employee in a facility becomes seriously or suspiciously ill with a reportable communicable disease during their shift, he shall be isolated from the children until he can be examined or treated by a physician.
(D) Readmission to the facility or release from isolation after the illness shall not occur without the written consent of a physician certifying the noncommunicability of the person.
(E) 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.
(F) 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.
(G) Facilities shall report any reportable, communicable disease occurring to the children to the local public health office.
(H) 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.
(I) Facilities shall obtain the current list of reportable diseases from the Division of Health and Medical Services.
(J) All persons engaged in food preparation or who came 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.
(K) Chronic upper respiratory problems, except common allergies, shall require annual examinations by a physician.
(L) Deteriorating health conditions shall be brought to the attention of the certifying authority.
(xxiii) Personnel practices:
(A) 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.
(B) No person shall use tobacco in any form while engaged in food preparation, service of food or while washing utensils and equipment. Smoking is prohibited in these areas.
(C) Hair control shall be employed by all those engaged in food preparation. Hair shall be restrained in such a manner as to prevent hairs from contaminating food or food contact surfaces.
(D) Persons engaged in food preparation or who come in contact with the children shall maintain good hygienic practices during all working periods at the childcaring facility.
(E) The outer clothing of all employees shall be clean and free of food residues.
(xxiv) Diaper changing area:
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(A) Any child care facility having children requiring diaper changes shall have a designated diaper changing area.
M Such an area shall have a smooth, nonabsorbent, easily cleanable surface.
(C) This area shall be sanitized after each diaper change with an approved chemical sanitizing agent or other sanitizing apparatus.
(D) Such sanitizing agents or apparatus shall be readily available and clearly labeled.
(A) Each juvenile is to be assigned a sleeping area, to include as a minimum: bed, mattress and pillow, supply of bed linen, and closetlocker space for the storage of personal items.
(B) Written policy and procedures to provide for the issue of clean, usable bedding, linen and towels to new juveniles, with provision for exchange or laundering at least weekly.
For purposes of sanitation, mattress covers should be provided and provisions made to provide clean bed linen or to allow juveniles to wash their own bed linen. Bedding issue should include two sheets, one pillow case and sufficient blankets.
(C) Written policy and procedure ensure that personal hygiene articles are provided.
When a juvenile is unable to purchase these articles, provision should be made for them to be supplied. Such articles should include but not be limited to the following: soap, toothbrush, toothpaste or powder, comb, toilet paper, sanitary products and deodorant.
(xxvi) First aid:
(A) All family and group child care homes shall have at least a basic first-aid kit or its equivalent on hand at all times.
(B) All institutions (those facilities having more than 11 children) shall have the basic first-aid kit and the amount of each component in proportion to the size of the facility.
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(xxvii) Miscellaneous:
(A) All medicines, alcohol, detergents, sanitizers and related cleaning compounds and other chemicals shall be inaccessible to children.
(B) Poisonous compounds such as insecticides and rodenticides and other chemicals bearing the skull and crossbones symbol shall be kept under lock and key.
(C) 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.
(D) Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.
(E) All toys provided to the Children shall be of such construction so as to have a smooth and easily cleanable surface.
(F) Hard surface toys and other small articles that may find their way into children's mouths shall be cleaned and sanitized at a minimum every 30 days or whenever visibly soiled.
(xxviii) Management:
(A) The overall condition of the child care facility and grounds shall be maintained in a clean, uncluttered, sanitary and healthful manner.
(B) 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.
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. 16-3-11 3 (c). The certification shall remain suspended and the facility closed until the conditions justifying suspension have been corrected. Such conditions shall be specified to the provider/director, and the provider shall be notified as to his right to a fair hearing. Refer to the Department of Family Services for hearing procedures.
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(a) Representatives of the Department of Family Services or designated representatives of DFS 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. 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.
(b) A health and sanitation inspection, conducted by a Health Department representative, of a child care facility (except family foster homes) shall be performed at least once every 12 months. Additional inspections of the facility shall be performed as necessary for enforcement of these standards.
(C) 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:
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(i) The original copy of the inspection form shall be retained in the permanent file of the Division of Health and Medical Services.
(ii) 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.
(iii) A third copy will be retained by the
inspecting agency.
(d) Compliance procedures whenever a healthl sanitation inspection is completed at a child care facility, a weighted score will be written on the inspection form. Each violation has a value from one to five points, depending on the severity of the violation. The weighted value of all violations will be totaled and then subtracted from 100 total points. Based on the final score, the following procedures shall be implemented:
(i) A final score with no critical violations (critical violations are four or five point violations) means that the facility is immediately certifiable (health concerns only). No new certificate will be issued with any uncorrected critical violation.
All critical violations shall be corrected within ten days.
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(ii) A final score of 60 or less means that correction on all items shall be stated within 48 hours. items requiring more than ten days to correct shall require a written plan or correction approved by the health authorities. Based on this correction plan, a provisional certificate may be issued for a maximum of six months. This certificate is nonrenewable, in accordance with W.S. 14-4-105.