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(1) Each facility must have a minimum of 35 square feet of indoor play and learning space per child, as well as 75 square feet of outdoor play space per child.

(2) Each level of the facility used for child care purposes must have at least two means of emergency egress.

(a) One egress must be a door that is at least 32 inches wide and 80 inches tall.

(b) The second egress may be a window that provides a clear opening of at least 20 inches in width and 5.7 sq. feet in area. The bottom of the exit must not be more than 44 inches above the floor.

(c) All identified means of egress must be unobstructed at all times.

(3) All nap rooms must have at least two egresses, which meet the requirements of (2).

(4) All rooms must be dry, well ventilated, and well lit.

(5) Third stories in dwellings must not be used for child care purposes and must be barricaded or locked to prevent entry by children.

(6) Doorways and stairs must be clear of any obstruction.

(7) Every closet door must be such that children can open the door from the inside.

(8) Every bathroom door must be designed to permit the opening of the locked door from the outside in an emergency and the opening device must be readily accessible to the provider.

(9) Electrical outlets must be tamper resistant or covered in areas occupied by children under five years of age.

(10) The building and grounds used by children must be maintained to ensure the following:

(a) the building is in good repair;

(b) the floors, walls, ceilings, furnishings, and other equipment are reasonably clean;

(c) the building and grounds are reasonably free of insects, rodents, and other vermin; and

(d) the children attending the facility shall not be exposed to paint containing lead in excess of .06%.


History: 52-2-704, 53-4-503, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, 52-2-734, 53-4-504, MCA; NEW, 1982 MAR p. 712, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; AMD, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; AMD, 2006 MAR p. 1424, Eff. 6/2/06; AMD, 2018 MAR p. 1115, Eff. 2/10/18.

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