WAC 170-296-0010 Definition for Sanitizing WAC 170 - CSHEL

WAC 170-296-0010 Definition for Sanitizing WAC 170-296A-7700 Washing dishes. WAC 170-296A-7750 Food preparation area. WAC 170-296A-1375 Private septic system--Inspection and maintenance. WAC 170-296A-1400 Private well and water system. WAC 170-296A-2325 Reporting notifiable condition to health department. WAC 170-296A-3210 Communicable disease--Notice and procedure. WAC 170-296A-3225 Exclusion of ill persons. WAC 170-296A-3675 When handwashing is required. WAC 170-296-3950 Pest Control WAC 170-296A-4200 Removing recalled items. WAC 170-296A-3975 Poisons. WAC 170-296A-4000 Lead, asbestos and arsenic. WAC 170-296A-4650 Bathroom floors. WAC 170-296A-4875 Pets interacting with children. WAC 170-296A-5175 Wading pools--Defined--Supervision. WAC 170-296A-5200 Swimming pools defined--Barriers and supervision. WAC 170-296A-5225 Bodies of water or water hazards on the licensed premises. WAC 170-296A-6625 Art materials. * - USE AND STORAGE OF TOXIC SUBSTANCES

Proposed WAC Recommendation Support

WAC 170-296A-0010 Definitions "Sanitize" means to reduce the number … (b) Other sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry; or… And WAC 170-296A-7700 Washing dishes. The licensee or staff must wash dishes thoroughly after each use by one of the following methods: (1) Automatic dishwasher; or (2) Handwashing method, … (a) If a bleach solution is used …; (b) If another sanitizer product is used, it must be used strictly according to… And WAC 170-296A-7750 Food preparation area. (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label …

WAC 170-296A-0010 Definitions "Sanitize" means to reduce the number … (b) Other sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, acceptability for use on particular surface to be sanitized, rinsing requirements, and adequate time to allow the product to dry; or… WAC 170-296A-7700 Washing dishes. The licensee or staff must wash dishes thoroughly after each use by one of the following methods: (1) Automatic dishwasher; or (2) Handwashing method, … (a) If a bleach solution is used …; (b) If another sanitizer product is used, it must be an approved no-rinse sanitizer for food contact surfaces. It must be used strictly according to… WAC 170-296A-7750 Food preparation area. (b) If another sanitizer product is used, it must be approved for use on food contact surfaces, used strictly according to manufacturer's label instructions.

Life Threatening: possibly, depending on the presence of disease-causing organisms – E. coli O157:H7 can cause fatal illness Cost: minimal – provider can choose which sanitizing product to use; bleach and water is an inexpensive option Regulation Considerations: observation of product label or other documentation during licensing visit WAC Alignment: Addition of this wording puts WAC in compliance with 21 CFR 178.1010 – FDA requirements for sanitizing solutions used on food preparation surfaces, as well as the Washington State Food Code WAC 246-215-7-204.11. WAC change also aligns family home WAC with center WAC 170-295-5040(6) which states: When you use a product other than bleach to sanitize you must: (a) Follow the label directions for use including concentration, contact time and rinsing; and (b) Be sure that if you use the product on food contact surfaces and items that children might put into their mouths, the label states the product is safe for food contact surfaces. Additional Information:

Caring for our Children 3rd Edition (Appendix J) states: “Sanitizer - For food contact surface sanitizing (dishes, utensils, cutting boards, high chair trays), toys that children may place in their mouths, and pacifiers. 1 tablespoon of bleach + 1 gallon of cool water. Let stand for 2 minutes or air dry. Disinfectant - For use on non-porous surfaces such as diaper change tables, counter tops, door & cabinet handles, toilets. ½- ¾ cup of bleach + 1 gallon of cool water (or 1 to 3 tablespoons of bleach + 1 quart of cool water) applied as a spray or poured fresh solution, not by dipping into a container with a cloth that has been in contact with a contaminated surface. Let stand for 2 minutes or air dry.”


WAC 170-296A-1375 Private septic system--Inspection and maintenance. (1) If the licensed premises is served by a private septic system (… (4) Septic system inspection and maintenance records must be kept on the premises and made available to the department upon request.

It is great that the requirement for periodic inspection was added. The way this section is worded also allows for local health jurisdictions to enforce different requirements based on their particular environment. With an inspection done every three years, the concern is that this will give providers a false sense of security that their septic system is okay – there could still be a significant problem if a home with only a 2 bedroom septic system and 4 people living in the house is then licensed for 12 additional kids – this can put enormous stress on the system. It may be okay on the day of the inspection, but begin to fail a couple months later.

Life Threatening: Cost: Regulation Considerations: WAC Alignment: Additional Information:


WAC 170-296A-1400 Private well and water system. (2) If there are no local public health requirements … (b) Every three years after a license is issued under this chapter. The test must indicate no presence of coliform bacteria, and "safe" levels of nitrates as defined by the state department of health (DOH). …

WAC 170-296A-1400 Private well and water system. (2) If there are no local public health requirements … (b) Every three years Every year after a license is issued under this chapter. The test must indicate no presence of coliform bacteria, and "safe" levels of nitrates as defined by the state department of health (DOH). Arsenic should be tested for in certain regions of the state as recommended by the local health jurisdiction. …

Life Threatening: depends on the type of bacteria or chemicals in the well water. E coli O157:H7 can cause life-threatening diarrheal illness; nitrates can cause life-threatening methemoglobinemia in infants.

Cost: Cost for each water test sample is about $20.00. Total cost for most providers with individual wells would be about $40.00 per year. No cost to providers served by public water systems. Providers in areas of high arsenic in the bedrock would need to pay extra $20.00/year and may possibly need to install water treatment devices if arsenic level is high.

Regulation Considerations: licensor observes water test result documentation during routine licensing visit

WAC Alignment: Washington State Department of Health makes the following statement: “DOH recommends that private well owners test their drinking water every year for coliform bacteria and nitrate…At least twice, while you own the well we also suggest testing for arsenic—once in summer and again in winter—to check any seasonal influences that may occur.”

CFOC 3rd edition Standard 5.2.6.2 states: “If the facility's drinking water does not come from a public water system, or the facility gets the drinking water from a household well, programs should test the water every year or as required by the local health department, for bacteriological quality, nitrates, total dissolved solids, pH levels, and other water quality indicators as required by the local health department. Testing for nitrate is especially important if there are infants under six months of age in care.”

Additional Information: Coliform bacteria should be checked annually – a lot can change in a water system from year to year (and even from month to month). For example, a dug well may have seasonal effects on water quality based on the height of the water table and amount of rainfall. The water for such a well should ideally be tested every 3 months. Also, some areas of Washington state have pockets of naturally occurring arsenic in the ground that affect private drinking water well.


WAC 170-296A-2325 Reporting notifiable condition to health department. The licensee must report a child diagnosed with a notifiable condition as defined in chapter 246-‐105 WAC to the local public health jurisdiction or the state department of health. Contact the local public health jurisdiction for the list of notifiable conditions and reporting requirements. WAC 170-296A-3210 Communicable disease--Notice and procedure. When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with a communicable disease as described in DOH WAC 246-‐110-‐010(4), the licensee must: (1) Notify: (a) The local public health jurisdiction or DOH; (b) DEL within twenty-‐four hours from time the licensee receives notification of the diagnosis; (c) Parents and guardians of all the children in care; and (2) Follow the health plan before providing care or before readmitting the household member, staff person or child into the child care.

WAC 170-296A-2325 Reporting notifiable condition to health department. The licensee must report a child diagnosed with a notifiable condition as defined in chapter 246-‐105101 WAC to the local public health jurisdiction or the state department of health. Contact the local public health jurisdiction for the list of notifiable conditions and reporting requirements. WAC 170-296A-3210 Communicable disease--Notice and procedure. When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with a communicable disease as described in DOH WAC 246-‐110-‐010(4), the licensee must: (1) Notify: (a) The local public health jurisdiction or DOH (only for notifiable illnesses as described in DOH WAC 246-101); (b) DEL within twenty-‐four hours from time the licensee receives notification of the diagnosis; (c) Parents and guardians of all the children in care; and (2) Follow: (a) the guidance of the local public health jurisdiction in determining when a household member, staff person, or child with a notifable condition as described in WAC 246-101 may be readmitted to the child care; or (b) the health plan before providing care or before readmitting the household member, staff person or child into the child care when the illness is not one of the notifiable conditions.

Life Threatening: yes – illnesses can be passed if an individual returns to the child care too soon

Cost: none

Regulation Considerations: inquiry during licensing visit; review of health plan

WAC Alignment: WAC 246-105 is the immunization requirement with a list of vaccine-preventable diseases, while WAC 246-101 is the notifiable conditions WAC which includes the appropriate list.

Child care center WAC 170-295-3030 (3) Children and staff who have a reportable disease may not be in attendance at the child care center unless approved by the local health authority.

WAC 246-110-010(4) lists both mild conditions (such as conjunctivitis, lice) as well as very serious notifiable conditions (such as measles, shigella). WAC 246-101 provides a list of notifiable conditions which must be reported to the local public health department.

CFOC 3rd Edition Standard 3.6.1.1 (e)(5): “Contact the local health department if there is a question of a reportable (harmful) infectious disease in a child or staff member in the facility.” Also, (g): “The caregiver/teacher should contact the local health department: (1) When a child or staff member who is in contact with others has a reportable disease; (2) If a reportable illness occurs among the staff, children, or families involved with the program; (3) For assistance in managing a suspected outbreak…”

Additional Information: When an individual is diagnosed with a reportable (notifable) communicable disease, it is the local public health jurisdiction that is responsible for making the determination when the child or staff member is allowed to return to the child care. The child care’s health plan is to be followed for return after non-reportable illnesses.


WAC 170-296A-3225 Exclusion of ill persons. The licensee's health plan includes provisions for excluding or separating a child, staff person, or household member with communicable disease as described in WAC 246-‐110-‐010(4) or any of the following: (1) Fever of one hundred one degrees Fahrenheit or higher; (2) Vomiting that occurs two or more times in a twenty-‐four hour period; (3) Diarrhea with three or more watery stools in a twentyfour-‐hour period; (4) Rash not associated with heat, diapering or an allergic reaction; or (5) Drainage of thick mucus and pus from the eye.

WAC 170-296A-3225 Exclusion of ill persons. The licensee's health plan includes provisions for excluding or separating a child, staff person, or household member with communicable disease as described in WAC 246-‐110-‐010(4) or any of the following: (1) Fever of one hundred one degrees Fahrenheit or higher (axillary) who also have one or more of the following: (i) Earache; (ii) Headache; (iii) Sore throat; (iv) Rash; or (v) Fatigue that prevents participation in regular activities; (2) Vomiting that occurs two or more times in a twenty-‐four hour period; (3) Diarrhea with three or more watery stools or one bloody stool in a twenty four-‐hour period; (4) Rash not associated with heat, diapering or an allergic reaction; or (5) Drainage of thick mucus and pus from the eye; or (6) Open or oozing sores, unless properly covered with cloths or with bandages.

Life Threatening: yes – one bloody stool could be a symptom of a life-threatening illness Cost: none Regulation Considerations: review of health plan during routine licensing visit WAC Alignment: wording change aligns family home WAC with child care center WAC: WAC 170-295-3030 When is a child or staff member too ill to be at child care? (1) Your staff must check all children for signs of illness when they arrive at the center and throughout the day. (2) You must exclude children and staff with the following symptoms from care: (a) Diarrhea (three or more watery stools or one bloody stool within twenty-four hours); (b) Vomiting (two or more times within twenty-four hours); (c) Open or oozing sores, unless properly covered with cloths or with bandages; (d) For suspected communicable skin infection such as impetigo, pinkeye, and scabies: The child may return twenty-four hours after starting antibiotic treatment; (e) Lice or nits; and (f) Fever of 100 degrees Fahrenheit or higher and who also have one or more of the following: (i) Earache; (ii) Headache; (iii) Sore throat; (iv) Rash; or (v) Fatigue that prevents participation in regular activities. CFOC 3rd Edition Standard 3.6.1.1 (b) states: Conditions/symptoms that do not require exclusion: (6) Fever without any signs or symptoms of illness in children who are older than six months...Fever (…100°F or higher taken axillary…) is an indication of the body’s response to something, but is neither a disease nor a serious problem by itself…”


WAC 170-296A-3225 Exclusion of ill persons. (continued – see above)

WAC 170-296A-3225 Exclusion of ill persons. (continued – see above)

(continued – see above) CFOC 3rd Edition Standard 3.6.1.1 (d) states: Temporary exclusion is recommended when the child has any of the following conditions:… (4) Fever (temperature of 101°F taken orally…or 100°F taken axillary…) and behavior change or other signs and symptoms (e.g. sore throat, rash, vomiting, diarrhea). (6) Blood or mucus in the stools not explained by dietary change, medication, or hard stools; (12) Impetigo, until treatment has been started; (22) Any child determined by the local health department to be contributing to the transmission of illness during an outbreak.


WAC 170-296A-3675 When handwashing is required. The licensee, staff and children must wash their hands and follow proper handwashing techniques: (1) After using the toilet; (2) After diapering a child; (3) After outdoor play; (4) After playing with animals; (5) After touching an animal's toys; (6) After touching body fluids; (7) Before and after the child eats or participates in food activities; or (8) As needed.

WAC 170-296A-3675 When handwashing is required. The licensee, staff and children must wash their hands and follow proper handwashing techniques: (1) After using the toilet (2) After diapering a child or assisting a child with toileting; (3) After outdoor play; (4) After playing with animals; (5) After touching an animal's toys; (6) After touching body fluids; (7) Before and after the child eatings or participatinges in food activities; or (8) Before and after giving medications; (9) Before food preparation or service; or (810) As needed.

Life Threatening: potentially life threatening illnesses can be spread when handwashing is not completed properly Cost: none Regulation Considerations: observation during licensing visits WAC Alignment: Aligns with child care center WAC - WAC 170-295-3020: How often must staff wash their hands? Staff and volunteers must wash their hands with soap and warm water: (1) When arriving at work; (2) After toileting a child; (3) Before, during (may use wet wipe) and after diapering a child; (4) After personal toileting; (5) After attending to an ill child; (6) Before and after preparing, serving, or eating food; (7) Before and after giving medication; (8) After handling, feeding or cleaning up after animals; (9) After handling bodily fluids; (10) After smoking; (11) After being outdoors or involved in outdoor play; and (12) As needed. Caring for Our Children, 3rd Edition Standard 3.2.2.1 states: “All staff, volunteers, and children should follow the procedure in Standard 3.2.2.2 for hand hygiene at the following times: (b) Before and after: (1) Preparing food or beverages; (2) Eating, handling food, or feeding a child; (3) giving medication or applying a medical ointment or cream in which a break in the skin (e.g., sores, cuts, or scrapes) may be encountered; …


WAC 170-296-3950 Pest Control. When pests are present in the licensed space, the licensee must: (1) Take action to remove or eliminate pests; and (2)(a) Use the least poisonous method possible; or (b) If chemical pesticides are used, post a notice visible to parents, guardians and any other interested party forty-‐eight hours in advance of the application of pesticides.

WAC 170-296-3950 Pest Control. When pests are present in the licensed space, the licensee must: (1) Take action to remove or eliminate pests; and (2)(a) Use the least poisonous method possible; and or (b) If chemical pesticides are used, post a notice visible to parents, guardians and any other interested party forty-eight hours in advance of the application of pesticides you must follow all regulations cited in RCW 17.21.415.

Life Threatening: misuse of pesticide products can lead to serious illness, injury, or death Cost: less toxic methods of pest control are often less costly than chemical measures Regulation Considerations: inquiry during licensing visit WAC Alignment: (b) is out of full compliance with state law. RCW 17.21.415 was intended for all licensed child care facilities per discussion with WSDA staff. CFOC 3rd Edition Standard 5.2.8 encourages the adoption of Integrated Pest Management (IPM) and the use of the least toxic approach first. The IPM recommendations in CFOC include those items mandated by RCW 17.21.415 including use of least toxic products, notification, establishment of a registry, warning signs, and record-keeping. With regard to pesticide use, this standard states: “…facility managers should ensure that targeted, rather than broadcast applications of pesticides are made, beginning with products that post least exposure hazard first…” and “Notification should be given to parents/guardians and staff before using pesticides…” Additional Information: for more information about implementation of RCW 17.21.415, see http://agr.wa.gov/pestfert/pesticides/docs/complguidepub075.pdf


WAC 170-296A-4200 Removing recalled items. The licensee must maintain equipment, toys or other items in the child care in good and safe working condition. The licensee must maintain awareness of equipment, toys or other items used in child care listed for recall by the U.S. Consumer Product Safety Commission.

WAC 170-296A-4200 Removing recalled items. The licensee must maintain equipment, toys or other items in the child care in good and safe working condition. The licensee must maintain awareness of equipment, toys or other items used in child care listed for recall by the U.S. Consumer Product Safety Commission, and must remove those items as quickly as possible once they are identified.

Life Threatening: depends on the recalled product – some products are recalled due to infant or child deaths (e.g. drop-side cribs) Cost: depends on the recalled item and whether there would be a replacement cost Regulation Considerations: inquiry and observation during licensing visit Additional Information: CFOC 3rd Edition Standard 5.3.1.1 states “Equipment, materials, furnishings, and play areas should be sturdy, safe, and in good repair and should meet the recommendations of the U.S. Consumer Product Safety Commission (CPSC) for control of the following safety hazards…” and.5.3.1.2 states “Staff shall, on a monthly basis, seek information on recalls of juvenile products that may be in use at the facility…”


WAC 170-296A-3975 Poisons. The licensee must: (1) Store poisons inaccessible to children and away from food.

(1) Store poisons inaccessible to children and below and away from food. (2) The telephone number for the poison center should be posted in a location where it is readily available in emergency situations (e.g., next to the telephone).

Life Threatening: yes Cost: none Regulation Considerations: observation during licensing visit WAC Alignment: Washington State Food Code WAC 246-215-7-201.11 states: Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (A) separating the poisonous or toxic materials by spacing or partitioning; and (B) locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles… Additional Information: See Below *

WAC 170-296A-4000 Lead, asbestos and arsenic. The licensee must take action to prevent child exposure when the licensee becomes aware that any of the following are present in the indoor or outdoor licensed space: (1) Lead based paint; (2) Plumbing containing lead or lead solders; (3) Asbestos; or (4) Arsenic or lead in the soil.

WAC 170-296A-4000 Lead, asbestos and arsenic. The licensee must take action to prevent child exposure when the licensee becomes aware that any of the following are present in the indoor or outdoor licensed space: (1) Lead based paint; (2) Plumbing containing lead or lead solders; (3) Asbestos; (4) Arsenic in the drinking water; or (5) Arsenic or lead in the soil.

Life Threatening: arsenic can lead to severe health implications Cost: may result in the installation of a point-of-use or whole house treatment device depending on the extent of the arsenic contamination. Regulation Considerations: only needs to be enforced in the event that arsenic is found in the drinking water of a private well. WAC Alignment: see arsenic in drinking water above under WAC 170-‐296A-‐1400 Private well and water system.


WAC 170-296A-4650 Bathroom floors. (1) Floors in a bathroom or toileting area must have a washable surface and be resistant to moisture. The floor must be cleaned and sanitized daily or more often if needed. (a) If a bleach solution is used to sanitize, the solution must be one teaspoon of bleach to one gallon of cool water;

WAC 170-296A-4650 Bathroom floors. (1) Floors in a bathroom or toileting area must have a washable surface and be resistant to moisture. The floor must be cleaned and sanitized daily or more often if needed. (a) If a bleach solution is used to sanitize, the solution must be one teaspoon ½ cup of bleach to one gallon of cool water or 1 to 3 tablespoons bleach per quart of cool water;

Life Threatening: can lead to spread of disease-causing organisms such as E. coli O157:H7, shigella, etc. Cost: almost none Regulation Considerations: measurement of bleach/water solutions by licensing staff during visit is possible using test strips WAC Alignment: Center WAC 170-295-5040(5) states: 5) You may use a bleach solution to sanitize in the following areas: (c) Bathrooms and bathroom equipment” Additional Information: Caring for Our Children, 3rd Edition: Disinfectant - For use on non-porous surfaces such as diaper change tables, counter tops, door & cabinet handles, toilets. ½- ¾ cup of bleach + 1 gallon of cool water (or 1 to 3 tablespoons of bleach + 1 quart of cool water) applied as a spray or poured fresh solution, not by dipping into a container with a cloth that has been in contact with a contaminated surface. Let stand for 2 minutes or air dry.


WAC 170-296A-4875 Pets interacting with children. (3) Must make reptiles and amphibians inaccessible to the children due to the risk of Salmonella.

WAC 170-296A-4875 Pets interacting with children. (3) Must make not allow reptiles and amphibians on the premises inaccessible to the children due to the risk of Salmonella.

Life Threatening: Salmonella can cause severe illness and potentially death in young children Cost: none Regulation Considerations: observation during licensing visits WAC Alignment: Child care center WAC currently allows for reptiles and amphibians to be present. WAC 170-295-5170 (3) states “Reptiles and amphibians must be in an aquarium or other totally self-contained area except during educational activities involving the reptile. Children five years of age or less must not physically handle reptiles and amphibians.” The current center WAC is not in agreement with CDC or CFOC recommendations (see below). Additional Information:

The following excerpts are taken from the Centers for Disease Control and Prevention website:

“Young children are at increased risk for Salmonella infection because their immune systems are still developing and because they are more likely than others to put their fingers or other items into their mouths. Therefore, families with children aged 5 years or younger in the home should avoid keeping reptiles or amphibians as pets.”

“Reptiles and amphibians should not be kept in child care centers, nursery schools, or other facilities with children younger than 5 years old.”

CFOC 3rd Edition Standard 3.4.2.2 states: “The following animals should not be kept at or brought onto the grounds of the child care facility: (h) Reptiles and amphibians – Inclusive of non-venomous snakes, lizards, and iguanas, turtles, tortoises, terrapins, crocodiles, alligators, frogs, tadpoles, salamanders, and newts.”


WAC 170-296A-5175 Wading pools--Defined--Supervision. (1) A wading pool: (a) Is an enclosed pool with water depth of two feet or less measured without children in the pool; and (b) Can be emptied and moved. (2) When a wading pool on the premises is intended for use by the children, the licensee must: (a) Directly supervise or have a primary staff person directly supervise the children; (b) Obtain written permission from each child's parent or guardian to allow the child to use a wading pool;

WAC 170-296A-5175 Wading pools--Defined--Supervision. 1) A wading pool: (a) Is an enclosed pool with water depth of two feet or less measured without children in the pool 2) Portable wading pools should not be permitted.

Life Threatening: some illnesses which can be spread through water can be life-threatening, such as E. coli O157:H7. Cost: none Regulation Considerations: inquiry and observation during licensing visit WAC Alignment: Child Care center WAC 170-295-5050(2) states: “You must prohibit children from using or having access to a hot tub spa, small portable wading pools, whirlpool, or other similar equipment.” Additional Information:

Portable wading pools should not be permitted. RATIONALE: Small portable wading pools do not permit adequate control of sanitation and safety, and they promote transmission of infectious diseases (1,2). COMMENTS: Sprinklers, hoses, or small individual water buckets are safe alternatives as a cooling or play activity. TYPE OF FACILITY: Center; Large Family Child Care Home; Small Family Child Care Home Caring for our Children 3rd Edition

Proposed WAC Recommendation Support WAC 170-296A-5200 Swimming pools defined--Barriers and supervision. (1) A swimming pool is a pool that has a water depth greater than two feet. (2) When there is a swimming pool on the premises the licensee must: (a) Have a five-‐foot high fence that blocks access to the swimming pool; And WAC 170-296A-5225 Bodies of water or water hazards on the licensed premises. (a) Make any body of water in the licensed space inaccessible with a fence or a physical barrier that is at least five feet tall except as provided in subsection (c) of this section;

WAC 170-296A-5200 Swimming pools defined--Barriers and supervision. (1) A swimming pool is a pool that has a water depth greater than two feet. (2) When there is a swimming pool on the premises the licensee must: (a) Have a five-‐foot high fence with no gaps larger than 3 ½” that blocks access to the swimming pool; And WAC 170-296A-5225 Bodies of water or water hazards on the licensed premises. (a) Make any body of water in the licensed space inaccessible with a fence or a physical barrier that is at least five feet tall with no gaps larger than 3 ½” except as provided in subsection (c) of this section;

Life Threatening: yes – drowning deaths can be caused when children have access to large bodies of water Cost: fence is a requirement, cost to modify a fence to decrease any gaps would be minimal in most cases Regulation Considerations: observation during licensing visit WAC Alignment: Washington State Department of Health Water Recreation Facilities WAC 246-260-031-4(d) states “Barriers, including windows, may not: (i) Allow passage of a four-inch diameter sphere; or (ii) Have spaces between vertical members greater than a width of one and three-quarters inches if the distance between the tops of horizontal members are spaced less than forty-five inches apart.” Additional Information: A gap size restriction of 3 ½” may be better than 4” for child care settings. In the area of preventing head entrapments, Consumer Product Safety Commission Outdoor Home Playground Handbook (Publication 324) states “Be sure spaces are either smaller than 3 ½ inches wide (so children can’t put their body through or larger than 9” (so children can slide their body and head through).” The same standard is used for public playgrounds (Publication 325).

CFOC 3rd Edition Standard 5.1.6.6 states “All spaces in protective barriers should be less than three and one-half inches. If spaces do not meet the specifications as listed above, a protective material sufficient to prevent the passing of a three and one-half inch diameter sphere should be provided.”

Proposed WAC Recommendation Support WAC 170-296A-6625 Art materials. (1) All art materials used by children under the age of three must be labeled nontoxic. (2) Art materials without a nontoxic designation may be used by children age three years or older, and must be used under direct supervision and according to the manufacturer's label.

WAC 170-296A-6625 Art materials. (1) All art materials used by children under the age of three must be labeled nontoxic. (2) Art materials without a nontoxic designation may be used by children age three years or older, and must be used under direct supervision and according to the manufacturer's label. All art materials used by children in grade 6 or lower must use non-hazardous art materials that indicate they conform to ASTM D-4236.

Life Threatening: higher risk of long-term adverse health effects than acute poisoning risk

Cost: none (providers can choose which art materials to buy; there are many low cost materials that are safe)

Regulation Considerations: observation during licensing visit – art materials are labeled when then conform to ASTM D-4236.

WAC Alignment: CFOC 3rd Edition Standard 5.2.9.7 states “Only art and craft materials that are approved by the Art and Creative Materials Institute (ACMI) should be used in the child care facility. Art and craft materials should conform to all applicable ACMI safety standards. Materials should be labeled in accordance with the chronic hazard labeling standard, ASTM D4236.” Consumer Product Safety Commission states “Elementary school children should use non-hazardous art materials that indicate they conform to ASTM D-4236.” (see http://www.cpsc.gov/cpscpub/pubs/5016.html).

Additional Information: Current wording suggests that children ages 3 and up may use art materials without a non-toxic designation, which contradicts generally accepted safety standards.

The Art & Creative Materials Institute, Inc. (ACMI) states: “Children in grade six and lower and adults who may not be able to read and understand safety labeling should use only non-toxic materials.” (http://www.acminet.org/Safety.htm#one). Since 1940, ACMI has sponsored a certification program for children’s art materials, certifying that these products are non-toxic and meet voluntary standards of quality and performance. ACMI’s certification program has received the endorsement of experts in the field of toxicology.

* - USE AND STORAGE OF TOXIC SUBSTANCES The following items should be used as recommended by the manufacturer and should be stored in the original labeled containers: a) Cleaning materials; b) Detergents; c) Automatic dishwasher detergents; d) Aerosol cans; e) Pesticides; f) Health and beauty aids; g) Medications; h) Lawn care chemicals; i) Other toxic materials. Material Safety Data Sheets (MSDS) must be available onsite for each hazardous chemical that is on the premises. These substances should be used only in a manner that will not contaminate play surfaces, food, or food preparation areas, and that will not constitute a hazard to the children or staff. When not in active use, all chemicals used inside or outside should be stored in a safe and secure manner in a locked room or cabinet, fitted with a child-resistive opening device, inaccessible to children, and separate from stored medications and food. Chemicals used in lawn care treatments should be limited to those listed for use in areas that can be occupied by children. Medications can be toxic if taken by the wrong person or in the wrong dose. Medications should be stored safely (see Standard 3.065) and disposed of properly. The telephone number for the poison center should be posted in a location where it is readily available in emergency situations (e.g., next to the telephone). Poison centers are open twenty-four hours a day, seven days a week, and can be reached at 1-800-222-1222. RATIONALE: There are over two million human poison exposures reported to poison centers every year. Children under six years of age account for over half of those potential poisonings. The substances most commonly involved in poison exposures of children are cosmetics and personal care products, cleaning substances, and medications (1). The MSDS explain the risk of exposure to products so that appropriate precautions may be taken. COMMENTS: Many child-resistant types of closing devices can be installed on doors to prevent young children from accessing poisonous substances. Many of these devices are self-engaging when the door is closed and require an adult hand size or skill to open the door. A locked cabinet or room where children cannot gain access is best but must be used consistently. Child resistant containers provide another level of protection. Caring for our Children 3rd Edition

Documents

WAC 170-296-0010 Definition for Sanitizing WAC 170 - CSHEL