[Amended 8-8-1997 by Ord.
No. 13595; 10-16-2008 by Ord. No. 14637]
A.
Child-care centers shall meet each of the following requirements:
(1)
The following ratios of direct caregiving staff physically present
with the children at any one time shall apply to child-care centers.
(a)
Similar age level. When children are grouped in similar age
levels, the following maximum child group sizes and ratios of staff
persons apply:
|
Similar Age Levels
|
Staff
|
Children
|
Max Group Size
|
Total # of Staff Required for Maximum Group
|
|---|---|---|---|---|
|
Infant
|
1
|
4
|
8
|
2
|
|
Young toddler
|
1
|
5
|
10
|
2
|
|
Older toddler
|
1
|
6
|
12
|
2
|
|
Preschool
|
1
|
10
|
20
|
2
|
|
Young school age
|
1
|
12
|
24
|
2
|
|
Older school age
|
1
|
15
|
30
|
2
|
(2)
Children of an operator or a staff person.
(a)
The related or foster children of an operator and the related
or foster children of a staff person shall be counted for the purpose
of satisfying the staff/child ratio requirements (relating to similar
age level; and mixed age level).
(b)
The related or foster children of an operator and the related
or foster children of a staff person shall be counted for the purpose
of satisfying the allocated space capacity requirements (relating
to measurement and use of indoor child-care space; and measurement
and use of play space).
(3)
Minimum number of facility persons in the child-care facility.
(a)
At least two facility persons shall be present in the facility
when two or more children are in care. At a minimum, one of the facility
persons shall be a staff person.
(b)
At least two facility persons shall be present when children
are on an excursion away from the facility. At a minimum, one of the
facility persons shall be a staff person.
(c)
If the staff-child ratio warrants only one staff person, the
second person may be another facility person.
(4)
Ratios while children are napping.
(a)
While toddlers and preschoolers are napping, the following staff-child
ratios apply:
|
Similar Age Level
|
Staff
|
Children
|
|---|---|---|
|
Young toddler
|
1
|
10
|
|
Older toddler
|
1
|
12
|
|
Preschool
|
1
|
20
|
(b)
Staff persons who are on duty but are not providing child care
during nap time shall remain in the child-care portion of the facility
premises.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Submission of plans. Whenever a child-care center is constructed
or extensively remodeled and whenever an existing structure is converted
to use as a child-care center, properly prepared plans, including
a site plan and traffic flow diagram, and specifications for such
construction, remodeling or conversion shall be submitted to the Bureau
of Health for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans and construction
materials of work areas and the type and model of proposed fixed equipment
and facilities. The Bureau of Health shall approve plans and specifications
which meet the requirements of this chapter. Such plans and specifications
shall also be submitted to the Bureaus of Planning and Zoning, Engineering
and Code Enforcement and Rehabilitation to assure compliance with
all applicable Zoning and Building Codes and to secure the permits
required. Permits shall not be issued until the Bureau of Health has
approved such plans and specifications and found them to be in compliance
with the requirements of this chapter.
[Amended 2-16-2022 by Ord. No. 15791]
B.
Plan appeals.
(1)
Plans for construction, remodeling or conversion of an existing facility
to a child-care center which are denied approval by the Bureau of
Health may be appealed to the Board of Health in accordance with Act
315, Local Health Administration Law, as amended,[1] and the Third Class City Code of Pennsylvania, as amended.[2]
(2)
Zoning permits for child-care centers which are denied as result of noncompliance with Chapter 660, Zoning, of the Code of the City of Allentown may be appealed to the Zoning Hearing Board in accordance with the provisions of that ordinance.
[Amended 12-1-2021 by Ord. No. 15767]
C.
Pre-operational inspection. Whenever plans and specifications are
required to be submitted, the Bureau of Health shall inspect the child-care
center prior to the start of operations to determine compliance with
the approved plans and specifications and with the requirements of
this chapter.
D.
Indoor child-care space.
(1)
A facility shall provide indoor child-care space for individual and
group small muscle activity.
(2)
Indoor child-care space may not be used simultaneously as play space.
(3)
Indoor space in which children are receiving care may not be used
simultaneously for other business, commercial, social or another purpose
unrelated to the child care being offered.
(4)
Preschool and school-age children may not be involved in small or
large muscle activity in the same group space in which children are
sleeping or resting.
(5)
The capacity established for an indoor space may not be exceeded
except in the following situations:
[Amended 10-16-2008 by Ord. No. 14637]
(a)
At nap time, when toddler or preschool children are resting on rest equipment, described in § 213-7F, if the following conditions are met:
(b)
When older toddler, preschool or school-age children are participating
in a program activity if the following conditions are met:
[1]
The capacity of the indoor child-care space may be exceeded
for no more than two separate one-half-hour time periods daily;
[2]
Each time period shall be designated on the facility's schedule
of daily activities;
[3]
The space may not be occupied by children of the infant or young
toddler age levels during a time period when the capacity is exceeded;
[4]
The number of children in the space may not be more than twice
the measured capacity of the space.
(c)
When a meal is served in a space designated and measured as
indoor child-care space if the following conditions are met:
(6)
The total number of children receiving child day-care services at
the facility at any one time may not exceed the facility's maximum
capacity.
E.
Sleeping areas. The same area shall not be used for sleeping/napping
and play at the same time unless the children at rest are not being
disturbed.
F.
Play space.
(1)
A facility shall provide outdoor or indoor play space to be used
for large muscle activity which includes running, jumping, climbing
and riding.
(2)
Outdoor or indoor play space shall be safe for large muscle activity.
(3)
Outdoor or indoor play space in which children are receiving care
may not be used simultaneously for other business, commercial, social
or another purpose unrelated to the child care being offered.
G.
Unsafe areas in outdoor space. If unsafe areas or conditions are
in or near an outdoor play space, fencing or natural barriers are
required to restrict children from those unsafe areas or conditions.
H.
Outside walkways. Outside walkways shall be free from ice, snow,
leaves, equipment and other hazards.
I.
Protective electrical covers. Protective receptacle covers shall
be placed in electrical outlets accessible to children five years
of age or younger.
J.
Toxics.
(1)
Cleaning materials and other toxic materials shall be kept in an
area or container that is locked or made inaccessible to children.
(2)
Cleaning materials and other toxic materials shall be stored in an
original labeled container or in a container that specifies the content.
Toxics shall be stored away from food, food preparation areas and
child-care spaces.
(3)
Cleaning materials and other toxic materials shall be used in a way
that does not contaminate play surfaces, food, food preparation areas
and does not constitute a hazard to the children.
(4)
Toxic plants are not permitted in a child-care space.
(5)
Arts and crafts materials shall be nontoxic.
K.
Sanitation.
(1)
Trash shall be removed from the facility at least once per day.
(2)
Trash shall be removed from the facility grounds at least once per
week.
(3)
Evidence of infestation of insects or rodents in the facility is
not permitted.
(4)
Trash that has been contaminated by human secretions or excrement
shall be contained in closed, plastic-lined receptacles.
M.
Water.
(1)
A facility shall provide running water and a safe and adequate supply
of drinking water that complies with the standards established under
the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1
through 721.17).
(2)
Hot water temperature, in areas accessible to children, may not exceed
110° F.
(3)
Safe drinking water shall be made available to children of all ages
throughout the day.
(4)
Drinking water shall be provided to children who are out-of-doors
for a period exceeding one hour.
O.
Hot water pipes and other sources of heat. Hot water pipes and other
sources of heat exceeding 110° F. that are accessible to children
shall be equipped with protective guards or shall be insulated to
prevent direct contact.
P.
Ventilation.
(1)
Natural or mechanical ventilation shall be provided in child-care
spaces.
(2)
Windows or doors used for ventilation shall be screened when open.
(3)
Screens shall be in good repair.
(4)
Windows or doors above the ground floor that open directly to the
outdoors and are accessible to children shall be constructed, modified
or adapted to limit the opening to six or fewer inches.
Q.
Telephone. A facility shall have an operable telephone and a published
telephone number.
R.
Emergency telephone numbers. The telephone number of the nearest
hospital, police department, fire department, ambulance and poison
control center shall be posted by each telephone in the facility.
S.
First-aid kit.
(1)
A first-aid kit shall be in a child-care space.
(2)
A first-aid kit shall be inaccessible to children.
(3)
A first-aid kit shall contain the following: soap, antimicrobial
wipes, an assortment of adhesive bandages, sterile gauze pads, tweezers,
tape, scissors, instant cold pack and disposable, nonporous gloves.
[Amended 10-16-2008 by Ord. No. 14637; 2-16-2022 by Ord. No. 15791]
T.
Building surface requirements. Floors, walls, ceilings and other
surfaces, including the facility's outdoor play space surfaces, shall
be kept clean, in good repair and free from visible hazards.
U.
Paint.
(1)
Peeled or damaged paint or damaged plaster is not permitted on indoor
or outdoor surfaces in the child-care facility.
(2)
When indoor or outdoor surfaces are repaired or when new indoor or
outdoor surfaces are painted, the paint may not contain more than
is specified in accordance with current EPA and HUD guidelines.
[Amended 2-16-2022 by Ord. No. 15791]
(3)
A child may not be present during removal of paint from the indoor
or outdoor surfaces of a facility.
(4)
Removal, cleanup and disposal of leaded paint dust and debris shall
be accomplished using lead-safe work practices in accordance with
EPA and HUD guidelines, as approved by the Bureau of Health.
[Amended 2-16-2022 by Ord. No. 15791]
(5)
Abrasive removal methods which include dry sanding, electrical sanding
and sandblasting or open flame burning, or a removal process that
permits the release of leaded particulate material into the environment
are prohibited.
(6)
Dust and debris generated by removal shall be disposed of in accordance
with applicable federal, state and local regulations.
(7)
Child care may resume when the removal process is completed when
all accompanying debris is removed and approval is granted by the
Bureau of Health.
V.
Lighting. Rooms, hallways, stairways, outside steps, porches and
ramps shall be lighted by artificial or natural light.
W.
Firearms. Weapons, firearms and ammunition are prohibited in a child
day-care center.
Y.
Stairways. Landings must be provided beyond each interior and exterior
door which opens onto a stairway, if the stairway is accessible to
children. Stair guards or gates shall be provided where necessary.
Z.
Glass. A visual strip or other visual identification shall be placed
on glass located in a traffic area, a child-care space or a play space.
AA.
Toilet areas.
(1)
The following ratio of flushing toilets to toilet-trained children
applies:
|
Similar Age Levels
|
Number of Toilet-Trained Children
|
Toilets
|
|---|---|---|
|
Young or older toddler and preschool
|
15
|
1
|
|
School-age
|
20
|
1
|
(2)
The following ratio of sinks to children applies:
|
Similar Age Levels
|
Number of Toilet-Trained Children
|
Sinks
|
|---|---|---|
|
Young or older toddler and preschool
|
25
|
1
|
|
School-age
|
30
|
1
|
(3)
A sink shall be located in or near a toilet area.
(4)
A training chair is not a flushing toilet. A training chair shall be emptied and sanitized after each use. An acceptable sanitizing solution is one cup of bleach combined with one gallon of water. A sanitizing solution shall be treated as a toxic. See § 213-5J (relating to toxics).
(5)
Toilets and sinks shall be at proper heights for children using them
or shall be easily approached by means of platforms or steps.
(6)
Toilets and training chairs may not be located in an area used for
cooking or eating. At all times an adult shall accompany toddler and
preschool children going to and from the toilet area.
(7)
Toilet areas and fixtures shall be cleaned daily and be in good repair.
(8)
A facility person and an able child shall wash his hands after toileting
and before eating. A sign on which this requirement is written shall
be posted at each toilet, training chair, diapering area and sink
in the facility.
(9)
A toilet area, training chair area, diapering area and sink area
shall be equipped with a clean, lidded waste receptacle.
(10)
A properly plumbed sink with hot and cold running water for
hand washing which is properly connected to an approved sewage system
shall be present in infant and toddler diapering areas in all new
facilities.
[Amended 2-16-2022 by Ord. No. 15791]
BB.
Diaper changing areas. In all child-care centers, each toilet and
diaper changing area shall have a hand-washing sink, hand cleanser,
paper towels or other approved hand-drying devices and an approved
waste receptacle. Child-care centers shall have an acceptable hand-washing
and disposable glove procedure. A written hand-washing procedure shall
be posted at each diaper changing area. An approved hand-washing sign
shall be posted at each hand-washing sink.
[Amended 2-16-2022 by Ord. No. 15791]
CC.
Toilet room doors. All toilet rooms are to have doors, gates or barriers
of such type to prevent unattended preschoolers or younger entry.
DD.
Electrical devices. No electrical device or apparatus shall be located
in such a manner that it could be simultaneously plugged into an electrical
outlet and in contact with a water source such as a sink, tub, shower
area, swimming pool, etc.
EE.
Toys and equipment sanitation. All toys and play objects to be used
by infants and toddlers shall be cleaned and sanitized at a minimum
of once a week or as needed.
FF.
Towels, wash cloths and soap. Each child shall have a separate clean
towel and wash cloth. Paper towels are acceptable for use as both
towels and wash cloths. Soap shall be available for use.
GG.
Cleaning methods. All floors, walls, ceilings, carpeting and other
surfaces shall be maintained in reasonably clean condition and in
good repair.
HH.
Cleaning and sanitizing objects. Thermometers, pacifiers and other
subject objects shall be cleaned and sanitized after each use when
exchanged between children and at other times where necessary.
II.
Cleaning schedule. When a child-care center is found to be in noncompliance
with cleanliness and sanitary standards, a cleaning schedule shall
be submitted upon request to the Bureau of Health for approval. This
schedule shall include, but is not limited to, specific assignments
for specific individuals.
JJ.
Anti-choking and CPR posters. Each child-care center shall have signs
posted demonstrating anti-choking and cardiopulmonary resuscitation
(CPR) techniques.
A.
Exits.
(1)
Stairways, hallways, exits from rooms, exits from the facility and
other means of egress serving as an exit shall be unobstructed.
(2)
Protective gates are permitted, if they open easily and are not disapproved
by building codes or local ordinances.
(3)
If a door or doorway opens or exits directly into a stairwell and
if there is no landing beyond the door or doorway, the door shall
be restricted from opening or shall be removed and a secure barrier
to prevent access to the stairwell shall be erected.
B.
Space heaters.
(1)
Portable space heaters are not permitted.
(2)
A fixed space heater shall be insulated or equipped with protective
guards. A fixed space heater shall be approved for use by the City
of Allentown Bureau of Fire Inspections. Written approval of the installation
and written approval for use shall be on file at the facility.
[Amended 2-16-2022 by Ord. No. 15791]
(3)
The manufacturer's instructions for use shall be kept in an accessible
area in the facility.
C.
Fireplaces and wood-burning and coal-burning stoves. Fireplaces,
fireplace inserts or wood-burning and coal-burning stoves, if allowed
by local ordinance, shall be securely screened or equipped with protective
guards while in use.
D.
Fire drills.
(1)
Fire drills shall be held in a manner and frequency which is in accordance
with the City Fire Code. Facility persons and children in attendance
shall participate in the fire drill. Facility persons and children
shall exit the building, weather permitting.
(2)
A written record shall be kept of the date, the time of day, the
hypothetical location of the fire, the evacuation time, the names
of facility persons and the number of children participating in the
fire drill.
(3)
Fire drills shall be held at different times of the day or night,
or both, if applicable.
(4)
Fire drills shall be held during various program activity times.
(5)
Hypothetical locations of the fire shall be changed for each drill.
(6)
Evacuation routes shall be posted.
(7)
Evacuation plans shall provide for removal of all persons from the
facility in a single trip.
F.
Emergency evacuation plan. An emergency evacuation plan shall be
posted in each room in use as a child-care center.
[Amended 8-8-1997 by Ord.
No. 13595]
G.
Smoke and carbon monoxide detectors. Smoke detectors and carbon monoxide
detectors shall be present and functioning in accordance with City
of Allentown Fire Codes.
[Amended 8-8-1997 by Ord.
No. 13595; 2-16-2022 by Ord. No. 15791]
H.
Portable fire extinguisher. An operable fire extinguisher(s) shall
be available in all child-care centers. Such extinguisher(s) shall
be of a size and number recommended by the Bureau of Fire and shall
be inspected as required by the Bureau of Fire. All child care staff
members shall be familiar with the use of such equipment.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Type of play equipment.
(1)
Play equipment and materials appropriate to the developmental needs,
individual interests and ages of the children shall be provided in
sufficient amount and variety to preclude long waits for use.
(2)
Play equipment shall facilitate the child's emotional, cognitive,
communicative, perceptual-motor, physical and social development.
(3)
Play equipment and materials shall include items from the following
categories:
(a)
Materials for dramatic role playing.
(b)
Toys and materials for cognitive development.
(c)
Toys and materials for visual development.
(d)
Toys and materials for auditory development.
(e)
Toys to handle and manipulate and art materials for tactile
development.
(f)
Toys and equipment for large muscle development.
B.
Condition of play equipment.
(1)
Toys, play equipment and other indoor and outdoor equipment used
by the children shall be clean, in good repair and free from rough
edges, sharp corners, pinch and crush points, splinters and exposed
bolts.
(2)
Toys soiled by secretion or excretion shall be cleaned with soap
and water, rinsed and sanitized before being used by a child.
(3)
Outdoor equipment that requires embedded mounting shall be mounted
over a loose fill or unitary playground protective surface covering
that meets the recommendations of the United States Consumer Products
Safety Commission. The equipment must be anchored firmly and be in
good repair.
[Amended 10-16-2008 by Ord. No. 14637]
(4)
Slides that are over four feet high shall have guards along both
sides of the ladder.
(5)
Pea gravel and other materials with a diameter of less than one inch
may not be used in spaces where infants or toddlers receive care.
(6)
Indoor play equipment for climbing shall be installed or used over
a protective surface covering which does not interfere with the stability
of the equipment.
(7)
Children's toys and equipment, including furniture and rest equipment,
described as hazardous by the United States Consumer Product Safety
Commission, may not be used by children at the facility and may not
be on the premises at the facility.
[Amended 10-16-2008 by Ord. No. 14637]
C.
Small toys and objects. Toys and objects with a diameter of less
than one inch, objects with removable parts that have a diameter of
less than one inch, plastic bags and expanded polystyrene foam objects
may not be accessible to children who are still placing objects in
their mouths.
[Amended 2-16-2022 by Ord. No. 15791]
E.
High chairs. High chairs shall have a wide base and a T-shaped safety
strap.
F.
Rest equipment.
[Amended 10-16-2008 by Ord. No. 14637]
(1)
Individual, clean, age-appropriate rest equipment shall be provided
for preschool, toddler and infant children as agreed between the child's
parent and the operator. The rest equipment shall be labeled for the
use of a specific child and used only by the specified child.
(2)
Bed linens may not be used alone as age-appropriate rest equipment.
(3)
Stacked cribs may not be used.
(4)
Crib and playpen slats may be no more than 2 3/8 inches apart.
(5)
Seasonal, appropriate covering, such as sheets or blankets, shall
be provided as agreed between the child's parent and the operator.
(6)
At least two feet of space is required on three sides of a bed, cot,
crib or other rest equipment while the equipment is in use, and children
shall be placed in an alternating head-to-foot position on or in the
rest equipment.
(7)
Linens, blankets and rest equipment shall be cleaned weekly, at a
minimum. The operator shall arrange a cleaning schedule with the parent.
(8)
Soiled bedding shall be cleaned before it is reused.
(9)
The upper level of double-deck beds may not be used for children
eight years of age or younger.
(10)
Toys, bumper pads, or pillows may not be present in a crib while
an infant is sleeping in the crib.
G.
Refrigerator. A facility shall have an operable, clean refrigerator
used to store potentially hazardous foods. The refrigerator shall
be capable of maintaining food at 41° F. or below. An operating
thermometer shall be placed in the refrigerator.
[Amended 2-16-2022 by Ord. No. 15791]
A.
Supervision of children.
[Amended 10-16-2008 by Ord. No. 14637]
(1)
Children on the facility premises and on facility excursions off
the premises shall be supervised by a staff person at all times. Outdoor
play space used by the facility is considered part of the facility
premises.
(a)
Each staff person shall be assigned the responsibility for supervision
of specific children. The staff person shall know the names and whereabouts
of the children in his assigned group. The staff person shall be physically
present with the children in his group on the facility premises and
on facility excursions off the facility premises.
(2)
A facility person may not use any form of physical punishment, including
spanking a child.
(3)
A facility person may not single out the child for ridicule, threaten
harm to the child or the child's family and may not specifically aim
to degrade the child or the child's family.
(4)
A facility person may not use harsh, demeaning or abusive language
in the presence of children.
(5)
A facility person may not restrain a child by using bonds, ties or
straps to restrict a child's movement or by enclosing the child in
a confined space, closet or locked room. The prohibition against restraining
a child does not apply to the use of adaptive equipment prescribed
for a child with special needs.
B.
Outdoor activity. Weather permitting, children shall be taken outdoors
daily.
C.
Water activity.
(1)
Swimming.
(a)
A swimming pool shall conform to applicable federal, state and
local laws and regulations.
[Amended 2-16-2022 by Ord. No. 15791]
(b)
An in-ground swimming pool accessible to children shall be fenced
with a locked gate.
(c)
An aboveground swimming pool which is not in use shall be made
inaccessible to children in accordance with the swimming pool barrier
guidelines of the United States Consumer Products Safety Commission.
[Amended 10-16-2008 by Ord. No. 14637]
(d)
An indoor swimming pool which is not in use shall be made inaccessible
to children.
(e)
The following staff-child ratios apply while children are swimming:
|
Similar Age Level
|
Staff
|
Children
|
|---|---|---|
|
Infant
|
1
|
1
|
|
Young or older toddler
|
1
|
2
|
|
Preschool
|
1
|
5
|
|
Young school age
|
1
|
6
|
|
Older school age
|
1
|
8
|
(f)
When children are swimming, supervision shall include one person
certified in lifeguard training.
(g)
The person certified in lifeguard training may not be included
in the staff-child ratio.
(h)
A facility person who is counted in the staff-child swimming
ratio shall annually complete water safety instruction.
(2)
Wading pools. A wading pool must be emptied, cleaned and sanitized
daily. Pools shall be filled with fresh water from an approved source
and a sanitizing solution shall be added. An acceptable sanitizing
solution is 3/4 teaspoon of bleach added to 50 gallons of water. A
sanitizing solution shall be handled as a toxic.
(3)
Water play table. A water play table or a container used for water
play that contains unfiltered water shall be emptied daily.
D.
Release of children. A child shall be released only to the child's
parent or to an individual designated in writing by the enrolling
parent. A child shall be released to either parent unless a court
order on file at the facility states otherwise.
[Amended 10-16-2008 by Ord. No. 14637]
E.
Pets.
(1)
A pet or animal present at the facility, indoors or outdoors, shall
be in good health, show no evidence of carrying disease and be known
to be friendly to children.
(2)
Contact with pets by the children is permitted only when a staff
person is physically present.
(3)
A veterinarian's certificate of current rabies immunization and any other immunizations is required for a cat or dog at the facility. The certificate shall be on file when the cat or dog is present. Current licenses are required for any animals that are required by Chapter 163, Animals, of the Code of the City of Allentown, or state statute to have licenses.
F.
Emergency contact information.
(1)
Emergency contact information is required for each enrolled child.
Emergency contact information shall reference who shall be contacted
in an emergency.
(2)
Emergency contact information shall include the following:
(a)
The name and birth date of the child.
(b)
The name, address and telephone number of the child's physician
or source of medical care.
(c)
The home and work addresses and telephone numbers of the enrolling
parent.
(d)
The written consent signed by a parent for emergency medical
care.
(e)
Information of the disability of the child, as specified by
the child's parent or physician, which is needed in an emergency situation.
(f)
Health insurance coverage and policy number for a child under
a family policy or medical assistance benefits, if applicable.
(g)
The name, address and telephone number of the individual designated
by the parent to whom the child may be released.
(3)
When children are in the facility, emergency contact information
shall be present in a child-care space for children receiving care
in the space.
(4)
When children leave the facility on walking and riding excursions,
emergency contact information specific to each child on the excursion
shall accompany a staff person on the excursion.
(5)
A written plan identifying the means of transporting a child to emergency
care and staffing provisions in the event of an emergency shall be
displayed conspicuously in every child-care space and shall accompany
a staff person who leaves on an excursion with children.
(6)
The parent shall update in writing emergency contact information
once in a six-month period or as soon as there is a change in the
information.
G.
Emergency telephone numbers. Telephone number of the nearest hospital,
police department, fire department, ambulance and poison control center
shall be posted by each telephone. Stickers are provided upon request.
H.
Emergency medical care.
(1)
If emergency medical care is needed for a child, the parent or emergency
contact person must be contacted as soon as practical to the best
interests of the child. If the parent or the emergency contact person
cannot be reached, the operator must record in writing the reason
emergency care was required and he attempts made to inform the parent
and the emergency contact person.
[Amended 10-16-2008 by Ord. No. 14637]
(2)
The staff person who accompanies the child to a source of emergency
care must remain with the child until the parent or designated person
assumes responsibility for the child's care.
I.
Infant sleep position. Infants shall be placed in the sleeping position
recommended by the American Academy of Pediatrics unless there is
a medical reason an infant should not sleep in this position. The
medical reason shall be documented in a statement signed by a physician,
physician's assistant or CRNP and placed in the child's record at
the facility.
[Amended 10-16-2008 by Ord. No. 14637]
A.
Health reports.
[Amended 10-16-2008 by Ord. No. 14637]
(1)
The operator shall require the parent of an enrolled child, including
a child, foster child and a relative of an operator or a facility
person, to provide an initial health report no later than 60 days
following the first day of attendance at the facility.
(a)
The initial health report for an infant must be dated no more
than three months prior to the first day of attendance at the facility.
(b)
The initial health report for a young toddler must be dated
no more than six months prior to the first day of attendance at the
facility.
(c)
The initial health report for an older toddler or preschool
child shall be dated no more than one year prior to the first day
of attendance at the facility.
(d)
The initial health report for a school-age child must be dated
in accordance with the requirements for medical examinations for school
attendance in 28 Pa. Code § 23.2 (relating to medical examinations).
(3)
A health report must be written and signed by a physician, physician's
assistant or a CRNP. The signature must include the individual's professional
title.
(4)
The health report shall include the following information:
(a)
A review of the child's health history;
(b)
A list of the child's allergies;
(c)
A list of the child's current medication and the reason for
the medication;
(d)
An assessment of an acute or chronic health problem or special
need and recommendations for treatment or services, including information
regarding abnormal results of screening test for vision, hearing or
lead poisoning;
(e)
A review of the child's immunized status according to recommendations
of the ACIP;
(f)
A statement of the child's medical information pertinent to
diagnosis and treatment in case of emergency;
(g)
A statement that the child is able to participate in child care
and appears to be free from contagious or communicable disease;
(h)
A statement that age-appropriate screenings recommended by the
American Academy of Pediatrics were conducted since the time of the
previous health report required by this section.
(i)
A review of age-appropriate screenings, including a tuberculosis
test approved by the American Academy of Pediatrics or an acknowledgement
of an assessment of tuberculosis risk if testing is deferred by the
health care provider in accordance with the American Academy of Pediatrics
guidelines no later than 60 days after admission.
[Amended 2-16-2022 by Ord. No. 15791]
(j)
An assessment of a disability or any health problems found and
recommendations for treatment.
(k)
A statement of the child's medical information pertinent to
diagnosis and treatment in case of emergency.
(5)
The facility may not accept or retain an infant two months of age
or older, a toddler or a preschool child at the facility for more
than 60 days following the first day of attendance at the facility
unless the parent provides written verification from a physician,
physician's assistant, CRNP, the Department of Health or a local health
department of the dates (month, day and year) the child was administered
immunizations in accordance with the recommendations of the ACIP.
(a)
The facility shall require the parent to provide updated written
verification from a physician, physician's assistant, CRNP, the Department
of Health or a local health department of ongoing vaccines administered
to an infant, toddler, or preschool child in accordance with the schedule
recommended by the ACIP.
(b)
Exemption from immunization must be documented as follows:
[1]
Exemption from immunization for religious belief or strong personal
objection equated to a religious belief shall be documented by a written,
signed and dated statement from the child's parent or guardian. The
statement shall be kept in the child's record.
[2]
Exemption from immunization for reasons of medical need must
be documented by a written, signed and dated statement from the child's
physician, physician's assistant or CRNP. The statement shall be kept
in the child's record.
[3]
These children will be excluded from the center during an outbreak
situation at the discretion of the Bureau of Health.
[4]
Children with incomplete immunizations, with incomplete or noncurrent
health reports and screenings, may be excluded from the child-care
center at the discretion of the Bureau of Health.
(c)
The facility shall comply with the annual immunization reporting
requirements in accordance with the Department of Health regulation
in 28 Pa. Code § 27.77.
B.
Administration of medications.
(1)
The operator shall make reasonable accommodations in accordance with
the applicable federal and state laws to facilitate administration
of medication or a special diet that is prescribed by a physician,
physician's assistant or CRNP as treatment related to the child's
disability. Facility persons are not required to administer medication
or special diets which are requested or required by a parent, physician,
a physician's assistant or a CRNP but are not treatment related to
the child's disability. When medication or special diets are administered,
the following requirements apply:
(a)
Prescription medication and nonprescription medications (over-the-counter
medicines) shall only be dispensed to children under the direct supervision
of the administrator, director, group supervisor or staff person.
(b)
No prescription medications may be given to a child without
a physician's written administration instructions and written consent
from the child's parent. Instructions for administration contained
on a prescription label are acceptable.
(c)
Prescriptions shall only be used for the child for whom they
are prescribed.
(d)
No nonprescription medications or health aids (i.e., cough drops,
vitamins, aspirin, ointments, ear drops, or cough syrup) may be administered
to a child without written consent and written administration instructions
from the child's parent.
(2)
An operator is responsible to establish and maintain a medication
log if prescription or nonprescription medication is administered.
A log shall include the following minimum information:
(3)
If a special diet is prescribed for a child and if the diet is administered
to the child, and if the diet is administered to the child, written
instructions and the parent's written consent shall be retained in
the child's file.
C.
Storage of medications.
(1)
All medications and health aids that do not require refrigeration
must be kept in an area or container that is locked or inaccessible
to children.
(2)
All prescription and nonprescription medications and health aids
must be kept in their original, labeled containers. For prescription
medications, the label must include the child's name, the date the
prescription was issued and the prescribed dose.
(3)
All prescription and nonprescription medications and health aids
must be stored under proper conditions of sanitation, temperature,
light and moisture.
D.
Ill children. The child-care staff shall have the option to deny
entrance to any child considered ill or to request that child be removed
from the facility if the child is determined by the child-care staff
to be too ill to remain in their care. The parent(s) shall always
be notified when a child becomes ill while in care. If the child-care
staff decides that a child is too ill to remain in the facility for
the remaining period of the day, the child-care staff shall notify
the parent(s) immediately that the child must be picked up as soon
as possible. If the child-care staff decides a child is too ill to
be cared for on any given day, the child-care staff shall notify the
parent(s) upon receiving the child that care will not be provided.
When a facility allows admission of ill children, a plan of care of
such children shall be arranged with the parent(s) to assure that
the needs of the child for rest, attention and administration of prescribed
medication, if applicable, are met. Contact with the parent(s) and
the child's source of health care for purposes of consultation shall
be readily available to the child-care staff.
(1)
A child-care center shall not accept for care, nor maintain in their
care, children who have the following conditions:
(a)
Conjunctivitis.
(b)
Ringworm.
(c)
Lice.
(d)
Diarrhea.
(e)
Oral temperature above 101.0° F.
(f)
Axillary temperature above 100.6° F.
(g)
Rectal temperature above 101.6° F.
(h)
Aural temperature above 101.0° F.
(i)
Repeated or projectile vomiting.
(j)
Upper respiratory infection with rash.
(k)
Rash accompanied by elevated temperature or behavior change.
(l)
Streptococcal infections.
(m)
Mumps.
(n)
Shingles.
(o)
Pertussis (whooping cough).
(p)
Chicken pox.
(q)
Impetigo.
(r)
Persistent cough with fever.
(s)
Scabies.
[Added 2-16-2022 by Ord. No. 15791]
(2)
A facility shall, upon observing signs of one of the preceding illnesses
in a care recipient, immediately notify the child's parent(s) to remove
the child from the facility.
(3)
Children with symptoms of disease. An operator who observes an enrolled child with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and which may threaten the health of children in care shall exclude the child from attendance until the operator receives notification from a physician or a CRNP that the child is no longer considered a threat to the health of others. The notification shall be retained in the child's file. Diseases and conditions which require exclusion are specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).
E.
Discrimination based on illness. Before, during and after the admission
process, an operator or facility person may not discriminate against
serving a child who has an illness which is not transmitted by casual
contact.
F.
Child hygiene.
(1)
A staff person shall ensure that a child's hands are washed before
meals and snacks, after toileting and after being diapered.
(2)
Cloth towels and washcloths shall be labeled with the child's name,
used by only the named child and laundered weekly. The director shall
arrange a laundry schedule with the parent.
(3)
Paper towels may be used as towels and washcloths. Paper towels shall
be discarded after each use.
(4)
Liquid or powdered soap shall be used for hand-washing.
(5)
A child shall have a labeled toothbrush if brushing teeth is a program
activity.
(6)
Toothbrushes shall be stored with the bristles up and exposed to
circulating air.
(7)
Paper cups, discarded after one use, or water fountains shall be
used for between-meal drinking by children who are not bottle-fed.
G.
Diapering requirements.
[Amended 10-16-2008 by Ord. No. 14637]
(1)
When children are diapered, the facility shall use disposable diapers,
a diaper service or arrange with the parent to provide a daily diaper
supply.
(a)
If nondisposable diapers are provided by a parent, a soiled
diaper shall be placed in an individual, securely tied plastic bag
and returned to the parent at the end of the day.
(b)
If nondisposable diapers from a diaper service are provided
by a facility, a soiled diaper shall be placed in the container provided
by the service or in a securely tied plastic bag.
(c)
If disposable diapers are provided by a parent or by a facility,
a soiled diaper shall be discarded by immediately placing the diaper
into a plastic-lined, hands-free covered can.
(d)
A soiled diaper that is not in a tied bag may not be placed
in an unlined outdoor trash container.
(2)
Diaper changing surfaces shall be cleaned after each use by wiping
the surface with a sanitizing solution or by changing a pad or other
surface covering.
(3)
The diapering area may not be used for food preparation or food service.
(4)
Cloth and paper materials used as diapering aids shall be stored
in a manner that prevents cross-contamination from a soiled diaper,
contaminated hands or other changing materials.
(5)
A staff person shall check a child's diaper at least every two hours
and whenever the child indicates discomfort or exhibits behavior that
suggests a soiled diaper. A staff person shall change a child's diaper
when the diaper is soiled.
H.
Reporting communicable diseases. Reportable communicable diseases
must be reported immediately to the Bureau of Health if they occur
among either child-care facility children or staff. The current list
of reportable diseases, as published by the Pennsylvania Department
of Health, shall be obtained from the Bureau of Health and shall be
prominently displayed in all child-care centers so that it is available
for easy reference. The occurrence of any unusual disease or group
expression of illness, which may be of public concern, whether or
not it is known to be of a communicable nature, shall also be reported
to the Bureau of Health immediately.
A.
Staff health assessments.
(1)
A facility person providing direct care who comes into contact with
the children or who works with food preparation shall have a health
assessment conducted within three months prior to providing initial
service in a child-care setting and every year thereafter. A health
assessment is valid for 12 months following the date of signature,
if the person does not contract a communicable disease or develop
a medical problem.
(2)
A health assessment shall be conducted and a report shall be written
and signed by a physician, physician's assistant, or CRNP. The signature
shall include the individual's professional title.
[Amended 10-16-2008 by Ord. No. 14637]
(3)
The health assessment shall include the following:
(a)
A physical examination with a CDC-approved tuberculosis (TB)
test shall be conducted at initial employment. A physical examination
shall be conducted thereafter annually, with a tuberculosis assessment
conducted at least once ever two years.
[Amended 2-16-2022 by Ord. No. 15791]
(b)
Tuberculosis screening and follow-up care shall be accomplished
as follows:
[Amended 2-16-2022 by Ord. No. 15791]
[1]
If a person's medical record demonstrates a positive tuberculosis
(TB) test, that record shall be placed on file at the facility.
[2]
A record of a person with a positive tuberculosis (TB) test
shall include the results of a chest X-ray and evaluation for chemoprophylaxis.
[3]
A person with a positive tuberculosis (TB) test, a negative
X-ray, and who has completed latent tuberculosis infection (LTBI)
treatment is not required to have further tuberculosis testing; however,
assessment for tuberculosis (TB) symptoms shall be required every
two years. A chest X-ray and medical examination shall also be required
for such person if:
[4]
A facility person with a history of a past positive tuberculosis
(TB) test shall require proof of chemoprophylaxis on file at the facility.
If chemoprophylaxis was not received, a chest X-ray shall be required
annually.
[5]
If a tuberculosis (TB) assessment is positive, a CDC-approved tuberculosis
(TB) test shall be required.
(c)
Examination for communicable diseases and the results of that
examination.
(d)
Information on medical problems that might threaten the health
of the children or prohibit a staff person from providing adequate
care to children.
(e)
A health care provider's assessment of the person's suitability
to provide child care.
[Amended 2-16-2022 by Ord. No. 15791]
(f)
Proof of rubella immunity for female staff of childbearing age
(15 to 44 years old).
(g)
Proof of Hepatitis A vaccine or immunity.
[Added 2-16-2022 by Ord. No. 15791]
(h)
Proof of Hepatitis B vaccine or immunity.
[Added 2-16-2022 by Ord. No. 15791]
(4)
An adult individual who is employed by a facility and who provides
children with social, medical, psychological or psychiatric services
in addition to this chapter is required to have a current health assessment
on file at the facility. An adult individual or an employee of an
agency who provides those services by contract with the child's parent
or the facility is not required to have a current health assessment
on file at the facility.
B.
Adult hygiene. A facility person shall wash his hands before meals
and snacks, and after toileting and after diapering a child.
C.
Facility persons with symptoms of disease. A facility person with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and which may threaten the health of children in care shall be excluded from attendance until the facility operator receives notification from a physician or CRNP that the person is no longer considered a threat to the health of others. The notification shall be retained in the facility person's file. Exclusion from the facility is required for diseases and conditions specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases). The Department of Health will provide, upon request, a list of communicable diseases.
D.
Facility persons with skin disorders.
(1)
A facility person with a discharging or infected wound, sore or lesion
on the hands, arms or an exposed portion of the body shall be excluded
from child care and food preparation activities until the operator
receives written notification from a physician or CRNP that the person
may return to child care or food preparation. The notification shall
be retained in the person's file.
(2)
A facility person with a herpes infection may not be present with
infants younger than three months of age.
E.
Discrimination based on illness. A facility person or an individual
seeking employment or placement who has an illness that is not transmitted
by casual contact shall be permitted the right to continued employment,
placement, employment opportunity or placement opportunity to the
extent of the person's ability to perform the stated job function.
[Amended 8-8-1997 by Ord.
No. 13595; 2-16-2022 by Ord. No. 15791]
Child-care staff shall meet the CPR and first aid certification
requirements of the most current Pennsylvania Department of Human
Services regulations. Proper certification shall be obtained through
the American Red Cross, American Heart Association or any similar
agencies approved by the Bureau of Health.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Inspection of food service facilities. All food service facilities supplying food to the child-care facility shall comply with the requirements of Chapter 303, Food Service and Sanitation, of the Code of the City of Allentown. These facilities shall be open for inspection to the Bureau of Health upon request.
B.
Restricted use. The diaper changing or toilet areas are not to be
used as food preparation areas.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Food.
(1)
Food stored, prepared or served shall be clean, wholesome, free from
spoilage, free from adulteration and safe for human consumption.
(2)
Food-handling practices shall conform to the requirements of the
Bureau of Health.
(3)
Food that has been previously served to a person or returned from
a table shall be discarded.
(4)
Potentially hazardous food brought from the child's home or provided
by the facility shall be refrigerated.
(5)
Prepared fresh fruits and vegetables that are not used on the day
of purchase shall be refrigerated.
(6)
The only canned foods permitted for children's consumption are those
commercially preserved in airtight jars or cans.
(7)
A facility shall provide a sufficient number of refrigerators to
contain foods which require refrigeration.
B.
Meals.
(1)
If a child receives care for four or more consecutive hours, nutritional,
appropriately timed meals and snacks shall be served.
(2)
Meals and snacks may be provided by the parent, upon agreement between
the parent and the operator.
(3)
Food may not be withheld from children for purposes of discipline.
(4)
Children may not be forced to eat food.
C.
Food groups.
(1)
A lunch or dinner prepared at the facility for children of toddler
age or older shall have at least one item from each of the following
food groups:
(a)
Dairy products: milk, milk products and cheese.
(b)
Protein group: meat, fish, poultry, eggs, cheese, peanut butter,
dried beans, peas and nuts.
(c)
Fruits and vegetables: a wide variety of green, white, yellow,
red vegetables and fruits.
(d)
Grain group: whole grain and enriched products, such as breads,
cereals, pastas, crackers and rice.
D.
Food servings. Food servings shall be portioned suitably for the
size and age of the children in care. Additional food in reasonable
amounts shall be made available to children upon the request of the
parent or child.
E.
Menus. An operator shall conspicuously post the menu at least one
week in advance or provide a menu to each family.
F.
Meals for infants. Meals for infants shall be provided in accordance
with the following requirements:
(1)
A written statement giving formula and feeding schedule shall be
obtained from the parent.
(2)
New foods shall be introduced only after consultation with the child's
parent.
(3)
Disposable nursers shall be used unless bottles are provided by the
parent or unless a commercial dishwasher or a commercial three-bay
sink is used by the facility to wash, rinse and sanitize.
[Amended 2-16-2022 by Ord. No. 15791]
(4)
Disposable nursers and bottles shall be labeled with the child's
name.
(5)
An infant six months of age or younger shall be held while being
bottle fed.
(6)
Neither an infant nor a toddler is permitted to sleep with a bottle
in his mouth.
(7)
Bottle formula may not be heated in a microwave oven.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Pickup and dropoff points.
(1)
An operator shall notify local traffic safety authorities annually
in writing of the location of the facility and the program's use of
pedestrian and vehicular routes around the day-care facility.
(2)
Safe pedestrian crossways, pickup and dropoff points and bike routes
shall be appropriately determined in the vicinity of the facility
and communicated to the children and parents in writing.
(3)
Written notification of safe routes shall be posted by the operator
at a conspicuous location in the child-care facility.
(4)
Children shall be picked up and discharged only at locations specified
by the facility as safe locations.
B.
Consent.
(1)
Transportation by the facility requires written parental consent,
except for transportation of school-age children who are transported
to or from a child-care facility in vehicles owned or operated by
the school district.
(2)
If a child has a problem or special need such as seizures or motion
sickness that may require special care during transportation, written
parental instructions regarding treatment of the problem or special
need shall accompany the child being transported.
C.
D.
Age of driver. The operator of the vehicle shall be 18 years of age
or older and shall have a valid operator's license.
E.
Safety restraints.
(1)
A child seven years of age or younger shall be transported in accordance
with the requirements for parents and guardians as stated in 75 Pa.C.S.A.
§ 4581 (relating to restraint systems.).
[Amended 10-16-2008 by Ord. No. 14637]
(2)
Safety restraints installed in the vehicle at the time of manufacturing
shall be used by all occupants. Any child under the age of 12 years
shall not be permitted to travel in the front seat of a vehicle equipped
with passenger side air bags.
(3)
Manufacturers' instructions for use of safety restraints shall be
kept in the vehicle at all times.
F.
Vehicles.
[Amended 10-16-2008 by Ord. No. 14637]
(1)
A vehicle shall be insured in accordance with the requirements of
current Pennsylvania state statutes.
(2)
The doors on a vehicle shall be locked whenever the vehicle is in
motion.
(3)
No more than three persons may occupy the front seat of an automobile.
(4)
The back of a pickup truck may not be used to transport children.
(5)
The cargo area of a station wagon may not be used to transport children.
(6)
In accordance with the requirements of 67 Pa. Code Chapter 171 (relating
to school buses and school vehicles), the facility may not transport
a child in an 11- to 15-passenger van.
[Amended 8-8-1997 by Ord.
No. 13595]
A.
Child records. There must be an individual record for each child
enrolled in the child-care center. Information in these records must
be kept current and checked for accuracy every six months.
B.
Individual records.
(1)
An operator shall establish and maintain an individual record for
each child enrolled in the facility.
(2)
Information in a child's record shall be kept current by the operator.
(3)
A parent is required to review and update the emergency contact information
and the financial agreement at least once in a six-month period or
as soon as there is a change in the information.
(4)
Following review, a parent shall attest to the accuracy of information in Subsection B(3) above by affixing a dated signature to the record.
(5)
If emergency information is updated in a master file, it shall be
updated accordingly in other facility records.
C.
Content of records. A child's record shall contain the following
information:
(1)
Initial and subsequent health assessments.
(2)
The dates of application, admission and withdrawal of the child.
(3)
Signed parental consent for emergency medical care for the child.
Written consent is required prior to admission.
(4)
Signed parental consent for administration of medications or special
dietary needs.
(5)
Signed parental consent for administration of minor first-aid procedures
by facility staff. Written consent is required prior to admission.
(6)
Signed parental consent for transportation, walking excursions, swimming
and wading.
(7)
Reports of accidents, injuries and illnesses involving a child in
care at the facility. The original report shall be given to the parent
on the day of the incident. The second copy of the report shall be
retained at the facility in an accident file. The third copy of the
report shall be retained at the facility in the child's file.
(8)
A copy of the initial agreement and subsequent written agreements
between the parent and the operator. The parent receives the original
agreement.
D.
Confidentiality of records.
E.
Release of information.
(1)
The parent shall have access to the child's complete child day-care
record.
(2)
Except as provided in § 213-15D (relating to confidentiality of records), release or dissemination of information in a child's record may be made by the operator and only with written parental consent. When file material is released, the person who authorized the release shall record the following information in the child's file:
F.
Record retention. A copy of the child's and staff person's record
shall be retained at the facility where care is provided to the child
for at least one year after termination of service, unless the entire
record is transferred by the operator to the parent or guardian or
to another agency at the request of the parent or guardian.
G.
Adult records. An individual record is required for each facility
person.
H.
Content of records. A record shall include a copy of the following
information:
(1)
The name, address and telephone number of the facility person.
(2)
Verification as follows:
(a)
Verification of age.
(b)
Verification of child-care experience, education and training
prior to service at the facility.
(c)
Verification of child-care experience, education and training
following the outset of service at the facility.
(d)
Acceptable verification of experience, education or training
is a transcript or a diploma or a letter signed by a representative
of the experiential, educational or training entity.
(3)
A written report of initial and subsequent health assessments, including
the results of initial and subsequent tuberculin skin tests, X-rays
or other medical documentation necessary to confirm freedom from communicable
tuberculosis.
(5)
Two written, nonfamily references from individuals attesting to the
person's suitability to serve as a facility person.
I.
Confidentiality of records.
(1)
Facility person's records are confidential and shall be stored in
a locked cabinet at the site where the person is working.
(2)
A facility person may not disclose information concerning another
facility person or adult providing a service at the facility, except
in the course of investigations or inspections by representatives
of the Bureau of Health.
