§ 26-38. Minimum standards for safety, health and sanitation.

(a)

Sanitation. Each center and family day care home must pass a sanitary inspection before it can be licensed, and at least once annually before it can be relicensed. The premises, furnishings, and equipment shall be kept clean, free of rodents and vermin, and in general good order.

(b)

Transportation. Vehicles used for transporting children shall be maintained in safe condition at all times as required by the motor vehicle inspection law.

(c)

[ Building, area and safety standards. ] Minimum standards for the physical plant housing family day care homes and foster boarding homes:

(1)

Building. The building housing a family day care home or foster boarding home must be safe and in good repair. It must be adequately lighted and have a safe source of heat.

(2)

Indoor space. There must be adequate indoor play space per child in some part of the building designated for this purpose, apart from kitchens, bathrooms, pantries, and halls. A porch will be considered as indoor play space if it is enclosed and can be adequately heated.

(3)

Outdoor play space. There shall be adequate outdoor play space on the premises. Where children in care are under six years of age, the play space shall be enclosed if it is near well-traveled streets, lakes, ditches, brooks, or other hazards. It shall have adequate sun, with provision for shade in warm weather. Any unfenced yard shall have competent adult supervision when preschool children are playing outdoors. Any swimming pool on the premises where children under six years of age are in care shall be enclosed and a lock placed on all doors leading to it, high enough to be out of the reach of children.

(4)

Sleep and napping space.

a.

Children receiving day care may sleep on beds used by the family, provided that a sheet solely for the use of each child covers the bedding.

b.

Children receiving overnight care shall be provided with separate beds, except that two children of the same family and of the same sex may share a double bed.

c.

All bedrooms for children receiving overnight care shall contain 500 cubic feet of air space per child. Beds and cribs shall be two feet apart on all sides.

d.

No child over the age of two shall sleep in the same room with two adults who are of different sex.

e.

Children of opposite sex over the age of five shall not sleep in the same room.

f.

Sleeping quarters shall be near enough to those of a responsible adult to facilitate supervision of the children.

(5)

Bathroom facilities.

a.

Homes shall have at least one toilet, one bathtub and one lavatory for hand washing purposes, provided no more than a total of eight persons, including family of the operator, are using the bathroom facilities of the home.

b.

For the use of infants there shall be an adequate number of toilet receptacles which shall be kept in sanitary condition.

(6)

Equipment.

a.

Cribs, bassinets, or playpens with bases raised above the floor shall be provided for infants.

b.

Play materials, toys, books, and equipment safe and suitable for the use of children of the age levels cared for shall be provided.

(7)

Cleanliness and orderliness of the family day care home and foster boarding home.

a.

All parts of the building housing the family day care home or foster boarding home, the plumbing fixtures, furnishings, equipment and the premises shall be kept in clean, sanitary, and orderly condition at all times, and rodents and vermin shall be controlled.

b.

Medicines and chemicals must be kept out of the reach of children.

(Laws of Fla. ch. 61-2681, § 9; Laws of Fla. ch. 70-893, § 2)