Impact of North Carolina's Child Care Facility Standards on Public Schools
North Carolina's General Assembly passed a law allowing public schools seeking voluntary child care facility licensure to use the same building standards for prekindergarten classrooms as for kindergarten classrooms. This means that classrooms for three- and four-year-old preschool students can be used without modifications if they meet specific requirements. The law also outlines standards for facilities including sanitation, lighting, and structural safety. Public schools seeking child care facility licenses must comply with these regulations to ensure a safe and healthy environment for young children.
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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009 HOUSE BILL 1031 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009- -123 HOUSE BILL 1031 123 AN ACT TO PROVIDE THAT PUBLIC SCHOOLS SEEKING VOLUNTARY CHILD CARE FACILITY LICENSURE MAY USE THE SAME BUILDING STANDARDS FOR PREKINDERGARTEN CLASSROOMS KINDERGARTEN CLASSROOMS MEETING CERTAIN REQUIREMENTS. SAME PREKINDERGARTEN CLASSROOMS AS FOR KINDERGARTEN CLASSROOMS
SECTION 1. Statutes is amended by adding a new section to read: " 115C preschool students. A public school that voluntarily applies for a child care facility license may use an existing or newly constructed classroom in a public school for three- and four-year-old preschool students without modifications to the classroom or building SECTION 1. Chapter 115C of the General 115C- -521.1. Building standards for preschool students. 521.1. Building standards for without modifications to the classroom or building if the classroom:
(1) Has at least one toilet and one sink for hand washing; (2) Meets kindergarten standards for overhead light fixtures; (3) Meets kindergarten standards for floors, walls, and ceilings; and (4) Has floors, walls, and ceilings that are free from mold, mildew, and lead hazards. *A public school that voluntarily applies for a child care facility license shall meet all other requirements for child care facility licensure." (1) Has at least one toilet and one sink for hand washing; (2) Meets kindergarten standards for overhead light fixtures; (3) Meets kindergarten standards for floors, walls, and ceilings; and (4) Has floors, walls, and ceilings that are free from mold, mildew, and lead hazards.
SECTION 2. "(11) To issue a license to any child care arrangement that does not meet the definition of child care facility in G.S. 110-86 whenever the operator of the arrangement chooses to comply with the requirements of this Article and the rules adopted by the Commission and voluntarily applies for a child care facility license. The Commission shall adopt rules for the issuance or removal of the licenses. Notwithstanding any other provision of law, rules adopted by the Commission regarding a public school that voluntarily applies for a child care facility license shall provide that a classroom that meets the standards set out in G.S. 115C-521.1 shall satisfy child care facility licensure requirements as related to the physical classroom." Page 2 Session Law 2009-123 SL2009-0123 SECTION 2. G.S. 110-90(11) reads as rewritten:
WHEREAS, the North Carolina Pre- Kindergarten program (formerly known as More at Four) .. WHEREAS, in the 2011 Budget Bill, House Bill 200, the North Carolina General Assembly transferred NC Pre-K to the Department of Health and Human Services (hereinafter DHHS or the Department ), ..
Pursuant to the 2011 Budget Bill, public school classrooms will have a one-year transition period to become licensed through DCDEE and may continue to operate NC Pre-K classrooms for the 2011-2012 school year. The Department shall create a transition plan to assist public schools in obtaining licensure through DCDEE. If meeting licensure standards for a public school constitutes a significant barrier to access to NC Pre-K for at-risk students, the public school may request a waiver of the licensure requirement from DCDEE.
Impact of HB 1031 on the current child care sanitation rules: ( (Sections of the rules affected and cannot be enforced or marked are bold text and underlined bold text underlined) ) Rule 2817 15A NCAC 18A .2817 TOILETS In child care centers, toilet tissue shall be provided in each toilet room and stored in a clean, dry place. The toilet room shall include or be adjacent to a handwash limited to toileting and diapering supplies. All toilet fixtures shall be easily cleanable, and in good repair. Toilet fixtures shall be child toilets or potty chairs.* Rule 2817 15A NCAC 18A .2817 TOILETS The toilet room shall include or be adjacent to a handwash lavatory. lavatory. Storage in toilet rooms shall be Toilet fixtures shall be child- -sized, adapted adult toilets or potty chairs.* sized, adapted adult
*Note: toilets must still be adapted and made accessible Corresponding grade sheet item #21: TOILET AND LAVATORY FACILITIES: .2817, .2818, .2836 21. Properly sized good repair; sinks, toilets and potty chairs cleaned and disinfected *2817 (b), (c) & (d) still enforceable *Note: toilets must still be adapted and made accessible Corresponding grade sheet item #21: TOILET AND LAVATORY FACILITIES: .2817, .2818, .2836 Properly sized, located located, accessible, and in *2817 (b), (c) & (d) still enforceable
Rule 2818 15A NCAC 18A .2818 LAVATORIES (a) In child care centers, lavatories shall be easily cleanable, in good repair, and kept free of storage. Lavatories shall be mounted at an appropriate height to accommodate the children, lavatory may be used for handwashing as specified in 15A NCAC 18A .2803 except for flush-rimmed sinks and those with an attached operable drinking fountain. Rule 2818 15A NCAC 18A .2818 LAVATORIES Lavatories shall be mounted at an appropriate height to accommodate the children, or otherwise made accessible.* Any
*Note: lavatories must still be made accessible Corresponding grade sheet item #21: TOILET AND LAVATORY FACILITIES: .2817, .2818, .2836 21. Properly sized good repair; sinks, toilets and potty chairs cleaned and disinfected *2818 (b), (c), (d) & (e) still enforceable *Note: lavatories must still be made accessible Corresponding grade sheet item #21: TOILET AND LAVATORY FACILITIES: .2817, .2818, .2836 Properly sized, located, accessible, and in *2818 (b), (c), (d) & (e) still enforceable
Rule 2824 15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings of all food preparation, food storage, utensil cleanable material. (b) Floors and floor coverings of all sleeping and play areas shall be constructed of easily cleanable materials. Rule 2824 15A NCAC 18A .2824 FLOORS In child care centers, floors and floor coverings of all food preparation, food storage, utensil- -washing areas and laundry areas shall be constructed of nonabsorbent, easily cleanable material. (b) Floors and floor coverings of all sleeping and play areas shall be constructed of easily cleanable materials. washing areas and laundry areas shall be constructed of nonabsorbent, easily (c) Carpeting used as a floor covering shall be of closely woven construction, properly installed, and easily cleanable. Carpeted floors shall be vacuumed daily when children are not present in the room, except to clean up pills. Instead of waiting for children to leave the room, a High Efficiency Particulate Air (HEPA) filter vacuum cleaner may be used. If used for this purpose, a HEPA vacuum cleaner shall include a HEPA filter individually tested and rated as 99.97% efficient at 0.3 micron dust particle size and sealed to prevent leakage around connecting points. Vacuum bags shall be changed and vacuums shall be emptied when children are not present in the room. The vacuum cleaner shall be in good repair. Wall to wall carpets shall be cleaned using extraction methods at least once each six months. Cleaning materials including surfactants, solvents and water shall be removed from the carpet before the space is reoccupied. When hot water extraction is used, carpet shall be completely dry within 12 hours of cleaning (d) Floors in areas accessible to children, shall be free of peeling, flaking or otherwise deteriorating paint. (e) All floors and floor coverings shall be kept clean and maintained in good repair. (c) Carpeting used as a floor covering shall be of closely woven construction, properly installed, and easily cleanable. Carpeted floors shall be vacuumed daily when children are not present in the room, except to clean up pills. Instead of waiting for children to leave the room, a High Efficiency Particulate Air (HEPA) filter vacuum cleaner may be used. If used for this purpose, a HEPA vacuum cleaner shall include a HEPA filter individually tested and rated as 99.97% efficient at 0.3 micron dust particle size and sealed to prevent leakage around connecting points. Vacuum bags shall be changed and vacuums shall be emptied when children are not present in the room. The vacuum cleaner shall be in good repair. Wall to wall carpets shall be cleaned using extraction methods at least once each six months. Cleaning materials including surfactants, solvents and water shall be removed from the carpet before the space is reoccupied. When hot water extraction is used, carpet shall be completely dry within 12 hours of cleaning
FLOORS, WALLS & CEILINGS: .2824, .2825, .2832, .2836 37. Easily cleanable repair; carpets vacuumed as required and extraction cleaned; date cleaned__________ *2824 (d) & (e) still enforceable FLOORS, WALLS & CEILINGS: .2824, .2825, .2832, .2836 Easily cleanable, clean, and in good carpets vacuumed as required and extraction cleaned; date cleaned__________ *2824 (d) & (e) still enforceable
Rule 2825 15A NCAC 18A .2825 WALLS AND CEILINGS (a) In child care centers, the walls and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be easily cleanable peeling, flaking, chalking, or otherwise deteriorating paint. (b) Walls and ceilings in rooms in which food is stored, handled or prepared and utensil nonabsorbent. Acoustic and other ceiling material may be used where ventilation precludes the possibility of grease and moisture absorption for fewer than 13 children and located in a residence, ceilings of residential construction are acceptable if kept clean and in good repair. Rule 2825 15A NCAC 18A .2825 WALLS AND CEILINGS All walls and ceilings shall be easily cleanable and free of Walls and ceilings in rooms in which food is stored, handled or prepared and utensil- -washing rooms shall be nonabsorbent. Acoustic and other ceiling material may be used where ventilation precludes the possibility of grease and moisture absorption. For child care centers licensed washing rooms shall be
Corresponding grade sheet item #37 FLOORS, WALLS & CEILINGS: .2824, .2825, .2832, .2836 37. Easily cleanable repair; carpets vacuumed as required and extraction cleaned; date cleaned__________ Corresponding grade sheet item #37 FLOORS, WALLS & CEILINGS: .2824, .2825, .2832, .2836 Easily cleanable, clean, and in good
Rule 2826 15A NCAC 18A .2826 LIGHTING AND THERMAL ENVIRONMENT (a) In child care centers, all rooms and enclosed areas shall be lighted by natural or artificial means. Lighting shall be capable of illumination to at least 50 foot surfaces in kitchens and diaper changing areas and at children's work tables, desks and easels. Lighting shall be capable of illumination to at least 10 foot at 30 inches above the floor, in all other areas, including storage rooms clean and in good repair. Shielded or shatterproof bulbs shall be used in food preparation, storage, and serving areas and in all rooms used by children. Rule 2826 15A NCAC 18A .2826 LIGHTING AND THERMAL ENVIRONMENT a) In child care centers, all rooms and enclosed areas shall be lighted by natural or artificial means. Lighting shall be capable of illumination to at least 50 foot- -candles at work surfaces in kitchens and diaper changing areas and at children's work tables, desks and easels. Lighting shall be capable of illumination to at least 10 foot- -candles of light, at 30 inches above the floor, in all other areas, including storage rooms. Light fixtures in all areas shall be kept Shielded or shatterproof bulbs shall be used in food preparation, storage, and serving areas and in all rooms used by children. candles at work candles of light,
Corresponding grade sheet item #39 LIGHTING AND THERMAL ENVIRONMENT: .2826 39. Equipment clean and in good repair; maintained as required *2826 (b) & (c) still enforceable Corresponding grade sheet item #39 LIGHTING AND THERMAL ENVIRONMENT: .2826 maintained as required *2826 (b) & (c) still enforceable
Rule 2830 15A NCAC 18A .2830 SOLID WASTES (b) Garbage containers, mops and other cleaning equipment shall be kept clean. Facilities shall be provided for the washing and storage of garbage containers and mops for child care centers, except for centers licensed for fewer than 13 children and located in a residence. Cleaning facilities shall include a faucet with a threaded nozzle and water of at least 80 designated utility sink or above a curbed impervious pad sloped to drain into a publicly treatment system or by an approved properly operating on 18A .1900. 1991 shall be approved if in good repair. Rule 2830 15A NCAC 18A .2830 SOLID WASTES Facilities shall be provided for the washing and storage of garbage containers and mops for child care centers, except for centers licensed for fewer than 13 children and located in a residence. Cleaning facilities shall include a faucet with a threaded nozzle and water of at least 80 F (27 designated utility sink or above a curbed impervious pad sloped to drain into a publicly- -owned wastewater treatment system or by an approved properly operating on- -site wastewater system in accordance with 15A NCAC 18A .1900. Can cleaning facilities approved prior to July 1, F (27 C) in either a owned wastewater C) in either a site wastewater system in accordance with 15A NCAC
Corresponding grade sheet item #44 SOLID WASTE: .2830, .2836 44. Solid waste properly handled; containers and cleaning equipment kept clean; can cleaning facilities adequate *2830 (a), (c) & (d) still enforceable Corresponding grade sheet item #44 SOLID WASTE: .2830, .2836 can cleaning facilities adequate *2830 (a), (c) & (d) still enforceable
Talking Points Talking Points - -All other rules are still enforceable. - -Toilets and lavatories are still required to be made accessible. - -Toilet room floors, walls and ceilings are still required to be non absorbent. - -Tempered water is still a requirement. - -Does not apply to centers that serve infants and toddlers less than 3yrs of age. All other rules are still enforceable. Toilets and lavatories are still required to be made accessible. Toilet room floors, walls and ceilings are still required to be non absorbent. Tempered water is still a requirement. Does not apply to centers that serve infants and toddlers less than 3yrs of age.
- -Centers are not required to have a food prep area in the classroom. Therefore, if center opts to add food prep area in the classroom then all rule requirements for food prep would need to be enforced, including a separate (same for diaper changing area) - -Will still enforce separation of hand wash sink and water fountain. (must be used as one or the other) If this is the classroom s one sink then recommendation would be to disconnect the fountain. Centers are not required to have a food prep area in the classroom. Therefore, if center opts to add food prep area in the classroom then all rule requirements for food prep would need to be enforced, including a separate handwash (same for diaper changing area) Will still enforce separation of hand wash sink and water fountain. (must be used as one or the other) If this is the classroom s one sink then recommendation would be to disconnect the fountain. handwash sink. sink.
