[HISTORY: Adopted by the Board of Health of the City of Englewood 11-10-2003 by Ord. No. 2003-02 as Ch. 5 of the 2003 Revised Health Code. Amendments noted
where applicable.]
Note: Child-care facilities enrolling more than five children
between two and five years of age are licensed and regulated by the
State Department of Human Services, Division of Youth and Family Services
(DYFS).
As used in this chapter, the following terms shall have the
meanings indicated:
Includes every private child-care center, infant-care center,
day nursery, nursery school, boarding school, private elementary school,
cooperative group, play group or other establishment of similar character
for the care or schooling of children in which any tuition, fee, board
or other form of compensation is charged or which is publicly funded
whether or not tuition fees, board or other form of compensation is
charged, except those child-care centers subject to licensure by the
State Department of Human Services, Division of Youth and Family Services,
pursuant to the Child Care Center Licensing Act, N.J.S.A. 30:5B-1
et seq., and regulations promulgated thereunder.
[Amended 10-18-2017 by Ord. No. 17-02]
Facilities operated by one or more individuals and not licensed
by the State of New Jersey in which children are placed for temporary
care on a daily basis either during or outside of school hours. They
shall not provide care for more than 12 children at any one time.
Child-care facilities enrolling five or more children between
two weeks and 16 years of age and not regulated by DYFS shall be regulated
by this chapter.
A.
There must be at least two staff members present in any facility
when more than one child is present or on any trip or outing outside
the facility.
B.
The ratio of staff members to children in any facility shall conform
to the following minimum standards:
(1)
Under the age of six weeks, one staff member per child;
(2)
From the age of six weeks to three years, one staff member for every
four children;
(3)
From the age of three years to six years, one staff member for every
six children;
(4)
From the age of six years to 10 years, one staff member for every
15 children;
(5)
Over the age of 10 years, one staff member for every 20 children.
A facility shall provide play equipment, materials and furniture
which shall be safe, clean, in good repair and free of lead paint
hazards.
A.
Infants less than 12 months shall sleep in cribs or beds with side
rails and firm mattresses. Children 12 months of age or older shall
sleep in cribs, beds or cots, as appropriate. Each crib, bed or cot
shall have a washable, waterproof covering and appropriate bedding.
B.
Each child five years or younger who is enrolled for five or more
continuous hours shall be provided with sleeping equipment.
C.
Between launderings, all bedding shall be for the exclusive use of
the same child.
D.
All bedding shall be kept clean.
A.
A child-care facility shall establish and implement a written policy
for its nutrition and food service programs.
B.
A child or infant shall be served meals as appropriate.
C.
When a facility provides formula for the child who is on regular
or special infant formula commercially prepared, prebottled, ready-to-feed
units shall be provided unless provided by the parent as specified
in this section.
D.
When a parent chooses to provide formula or food, the facility shall
assure that the food, formula, bottles, nipples and containers comply
with the following requirements:
E.
Formula left in a bottle at the end of a feeding shall be discarded.
A.
Facilities, equipment, and procedures used for the preparation, storage
and service of food, whether on or off the premises, shall comply
with the applicable provisions of N.J.A.C. 8:24, Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines. Facilities,
equipment and procedures required shall depend on the amount of food
service and type of food service operation.
[Amended 10-18-2017 by Ord. No. 17-02]
B.
In facilities with 12 children or less, high quality domestic equipment
and utensils may be acceptable, provided that they are designed and
of such material and workmanship as to be easily cleanable and in
good repair. Disposable utensils, plates and the like shall be used
unless an automatic dishwasher or three-compartment sink is available.
C.
The cooking equipment shall be provided with mechanical ventilation
and adequately vented to the outside atmosphere.
D.
In facilities with 13 or more children or in facilities with an institutional
setting, commercial food service equipment will be required. Minimum
equipment for utensil cleaning and sanitizing procedures must include
a three-compartment sink or an automatic dishwasher with a sanitizing
(pumped rinse of 165° F. for 30 seconds) and drying cycle and
a two-compartment sink provided with hot and cold running water.
A child-care facility shall not allow swimming or wading except
in licensed municipal pools.
A.
A center shall have a child information card completed and on file
for each child currently enrolled.
B.
A center shall maintain an accurate record of daily attendance for
children enrolled.
C.
A center shall report an accident or illness occurring while a child
is in care, which results in hospitalization or death. A report shall
be submitted to the Health Officer within five days of such an event.
A.
A center shall have on file a report, signed by a licensed physician,
for each staff member and each volunteer who has contact with children
four hours or more per week for more than two consecutive weeks. This
report shall declare, to the best of the physician's knowledge,
the physical capability of the staff member to perform the duties
required. The report shall be signed no more than six months prior
to, or 30 days after, the start of employment and every year thereafter.
B.
A center shall have on file evidence that each staff member and volunteer
who has contact with children four hours or more per week for more
than two consecutive weeks is free from communicable tuberculosis,
verified within one year prior to employment and every year thereafter.
A.
At the time of initial attendance, a center shall obtain and keep
on the file written permission, signed by the parent, to seek emergency
medical care.
B.
A center shall obtain and keep on file, within 30 days of a child's
initial attendance, information as to a child's immunization
status and one of the following statements:
(1)
A signed statement on the state of the child's health based
on an evaluation by a licensed physician or his or her designee made
within the preceding 12 months and every two years thereafter. Restrictions,
if any, on activities shall be stated by a licensed physician.
(2)
A written statement from the parent or guardian that the child has
completed, or has an appointment to take part in, a health care program
which shall include health observations, physician assessments, and
screening tests, when such a health program is available and has been
approved by the Department. The result of this health screening program
shall be on file in the center following such an assessment and shall
be updated every two years.
(3)
A child whose parents object to physical examination, immunizations,
or medical treatment on religious grounds may be admitted if the parent
provides the center with a signed statement that the child is in good
health and that the parent assumes responsibility for the child's
state of health while at a center, with the understanding that the
parent be notified immediately when anything unforeseen in this regard
occurs.
C.
When a center administers medication, the following provisions shall
apply:
(1)
Medication, including aspirin, dietary supplements, prescription
or individual special medical procedures, shall be given or applied
only with prior written permission from the parent. Prescription medication
shall have the pharmacy label indicating the physician's name,
child's name, instructions, and name and strength of the medication,
and shall be given in accordance with those instructions.
(2)
A caregiver shall maintain a record as to the time and the amount
of any medication given or applied.
(3)
The medication shall be in the original container, stored according
to the instructions, and clearly labeled for the specific child. The
caregiver shall keep the medication out of the reach of children in
a locked cabinet, and shall return the medication to the parent or
destroy it when no longer needed.
D.
Health surveillance measures include the following:
(1)
A center shall be responsible for reporting to the parent observed
changes in the child's health or any accidents that may have
happened to the child.
(2)
A child too ill to remain in the group shall be placed in a separate
area where he or she may be comfortably cared for and supervised until
he or she can be taken home or suitably cared for elsewhere. Items
and facilities, including cots, bedding, utensils, toys, toilets,
and lavatories used by the ill child shall not be used by any other
person until those items and facilities have been thoroughly cleaned.
The parent shall be contacted when these measures are required.
A telephone shall be available and accessible in the building
during the hours that the center is in operation. Pay telephones shall
not be considered as meeting this requirement. Emergency telephone
numbers, including fire, police, poison control center, and ambulance,
shall be conspicuously posted immediately adjacent to the telephone.
Maximum capacity of a facility shall be determined by the following
minimum space standards (calculations not to include hallways, bathrooms,
storage areas, kitchens, reception rooms, or office areas):
A.
Indoor space for infants and children under two years of age shall
be at least 50 square feet per infant.
B.
Indoor space for children, two to 16 years old, shall be at least
35 square feet per child.
C.
Outdoor play areas shall be provided if children are to be in attendance
for five or more continuous hours a day. The play area shall be at
least 1200 square feet in size and shall provide a safe environment
for play (e.g., no water or traffic hazards; fences provided if necessary).
A.
A center shall provide diapers. Diapers shall be disposable or furnished
by a commercial diaper service.
B.
Diapering shall be done in the child's own crib, or in a designated
diapering area or station.
C.
A diapering area, and all supplies and equipment, shall be maintained
in a safe and sanitary manner.
D.
The hands of a caregiver shall be washed before and after each diapering,
using soap and running water. A hand sink shall be conveniently located
to a diapering area.
E.
A washcloth or towel, or both, used in diapering shall not be used
subsequently on another part of the body or for any other purpose
or on another child until laundered.
F.
Diapers shall be changed when soiled or wet.
A.
A center shall be located on land that provides good natural drainage
or that is properly drained.
B.
Porches and walkways that are elevated shall have barriers to prevent
falls.
C.
Stairs, walkways, ramps and porches shall be maintained in a safe
condition relative to the accumulation of water, ice or snow, and
shall have nonslip surfaces.
A.
The total ventilation area in every habitable room, as provided by
openable windows, shall be not less than 4 1/2% of the floor
area, unless central air conditioning is provided.
B.
Artificial light or natural light, or both, shall be capable of providing
a minimum illumination of 40 footcandles over the entire room at a
height of three feet from the floor.
C.
During the fly season, a window used for ventilation shall be supplied
with screening of not less than 16 mesh, which shall be kept in good
repair.
A.
Sinks, lavatories, drinking fountains and other water outlets shall
be supplied with safe water, sufficient in quantity and pressure to
meet conditions of peak demand. Hot water temperatures shall not exceed
120° F. at outlets accessible to children.
B.
The water system shall comply with the requirements of the Department
of Environmental Protection. Plumbing shall be designed, constructed,
installed and maintained to prevent cross-connections.
A center shall provide one toilet and one wash basin for the
first 15 children and one additional toilet and wash basin for each
additional one to 15 children, except that a center operating with
children present for five or more continuous hours a day shall provide
one toilet and one wash basin for the first 10 children and one additional
toilet and wash basin for each additional one to 10 children.
Sewage and other water-carried wastes shall be disposed of through
the municipal sewer system.
A.
A center shall store garbage in flyproof and watertight containers
with tight-fitting covers. A garbage can shall be provided with a
waterproof liner or be thoroughly cleaned after each emptying.
B.
A center shall have garbage and refuse removed at intervals of at
least once a week so as not to create a menace to health.
A.
The premises shall be maintained in a clean and safe condition and
shall be free from standing water.
B.
The premises shall be maintained so as to eliminate and prevent rodent
and insect harborage.
C.
Roofs, exterior walls, doors, skylights, and windows shall be weathertight
and watertight and shall be kept in sound condition and good repair.
D.
Floors, interior walls and ceilings shall be sound, in good repair
and maintained in a clean condition.
E.
All plumbing fixtures and water and waste pipes shall be properly
installed and maintained in good working condition. Each water heater
shall be equipped with a thermostatic temperature control and a pressure
relief valve, both of which shall be in good working condition.
F.
All water closet compartments, bathrooms and kitchen floor surfaces
shall be constructed and maintained so as to be reasonably impervious
to water and to permit the floor to be easily kept in a clean condition.
Every facility shall be in compliance with all applicable building,
plumbing and fire safety code requirements.
