Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

NOTICES OF PROPOSED RULES DAR File No. 35578(16) "Over-the-Counter Medication" means medicationthat can be purchased without a written prescription from a healthcare provider. This includes herbal remedies and vitamin andmineral supplements.(17) "Parent" means the parent or legal guardian of achild in care.(18) "Person" means an individual or a business entity.(19) "Physical Abuse" means causing nonaccidentalphysical harm to a child.(20) "Play Equipment Platform" means a flat surface on apiece of stationary play equipment intended for more than one userto stand on, and upon which the users can move freely.(21) "Preschooler" means a child aged 2 through 4, and 5year olds who have not yet started kindergarten.(22) "Protective Barrier" means an enclosing structuresuch as bars, lattice, or a solid panel, around an elevated playequipment platform that is intended to prevent a child from eitheraccidently or deliberately passing through the barrier.(23) "Protective cushioning" means cushioning materialthat has been tested to and meets American Society for Testing andMaterials Specification F 1292, such as unitary surfaces, woodchips, engineered wood fiber, and shredded rubber mulch.Protective cushioning may also include pea gravel or sand asallowed by the Consumer Product Safety Commission (CPSC).[ For example, sand, pea gravel, engineered wood fibers, shreddedtires, or unitary cushioning material, such as rubber mats or pouredrubber-like material.](24) "Provider" means the licensee or a staff member towhom the licensee has delegated a duty under this rule.(25) "Sanitize" means to remove soil and small amountsof certain bacteria from a surface or object with a chemical agent.(26) "School Age" means kindergarten and older agechildren.(27) "Sexual Abuse" means abuse as defined in UtahCode, Section 76-5-404.1.(1)(2).(28) "Sexually Explicit Material" means any depiction ofsexually explicit conduct, as defined in Utah Code, Section 76-5a-2(8).(29) "Sleeping Equipment" means a cot, mat, crib,bassinet, porta-crib, or play pen.(30) "Stationary Play Equipment" means equipment suchas a climber, a slide, a swing, a merry-go-round, or a spring rockerthat is meant to stay in one location when children use it. Stationaryplay equipment does not include:(a) a sandbox;(b) a stationary circular tricycle;(c) a sensory table; or(d) a playhouse, if the playhouse has no play equipment,such as a slide, swing, ladder, or climber attached to it.(31) "Toddler" means a child aged 12 months but lessthan 24 months.(32) "Use Zone" means the area beneath and surroundinga play structure or piece of equipment that is designated forunrestricted movement around the equipment, and onto which achild falling from or exiting the equipment could be expected toland.(33) "Volunteer" means a person who provides care to achild but does not receive direct or indirect compensation for doingso.R430-100-4. Facility.(1) The licensee shall ensure that any building orplayground structure constructed prior to 1978 which has peeling,flaking, chalking, or failing paint is tested for lead based paint. Iflead based paint is found, the licensee shall contact the local healthdepartment and follow all required procedures for the[removal]remediation of the lead based paint.(2) For preschoolers and toddlers who are toilet trained,[T]there shall be one working toilet and one working sink for everyfifteen children in the center, excluding diapered children. Forschool age children, there shall be one working toilet and oneworking sink for every 25 children in the center.(3) School age children shall have privacy when using thebathroom.(4) For buildings constructed after 1 July 1997 there shallbe a working hand washing sink in each classroom.(5) Each area where infants or toddlers are cared for shallmeet one of the following criteria:(a) There shall be two working sinks in the room. Onesink shall be used exclusively for the preparation of food and bottlesand hand washing prior to food preparation, and the other sink shallbe used exclusively for hand washing after diapering and non-foodactivities.(b) There shall be one working sink in the room which isused exclusively for hand washing, and all bottle and foodpreparation shall be done in the kitchen and brought to the infantand toddler area by a non-diapering staff member.(6) Infant and toddler areas shall not be used as access toother areas or rooms.(7) All rooms and occupied areas in the building shall beventilated by windows that open and have screens or by mechanicalventilation.(8) The provider shall maintain the indoor temperaturebetween 65 and 82 degrees Fahrenheit.(9) The provider shall maintain adequate light intensityfor the safety of children and the type of activity being conductedby keeping lighting equipment in good working condition.(10) Windows, glass doors, and glass mirrors within 36inches from the floor or ground shall be made of safety glass, orhave a protective guard.(11) There shall be at least 35 square feet of indoor spacefor each child, including the licensee's and employees' children whoare not counted in the caregiver to child ratios.(12) Indoor space per child may include floor space usedfor furniture, fixtures, or equipment if the furniture, fixture, orequipment is used:(a) by children;(b) for the care of children; or(c) to store classroom materials.(13) Bathrooms, closets, staff lockers, hallways,corridors, lobbies, kitchens, or staff offices are not included whencalculating indoor space for children's use.R430-100-6. Outdoor Environment.(1) There shall be an outdoor play area for children that issafely accessible to children.(2) The outdoor play area shall have at least 40 squarefeet of space for each child using the playground at the same time asother children.84 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2