Wyoming Licensing Standards for Day Care Centers

STATEMENT OF REASONS

The Administrative Rules for Child Day Care Licensing are
intended to provide consumer protection for each child in care. By meeting these regulations, a child day care provider/director is taking the first steps to operating a safe facility.
Licensing of a child day care facility means that the facility and staff have met the Department of Family Services minimum standards for operation. These rules are the result of a long process of research, writing and comment. Contributors to these rules are Maternal and Child Health Bureau, Wyoming Departments of Agriculture, Health, and Fire Prevention/Electrical Safety, local and county health professionals,
National Association for the Education of Young Children, Wyoming Child Care Certification Board, child day care providers/directors throughout the state, nutrition programs, day care organizations, interested parents, and research of day care rules of other states. Ultimately, parents are responsible for finding quality child day care. These rules will assist in that search, but the final determination of choosing a child day care rests with the parents. One of the factors to be considered in making the choice of which child day care to use should be the level at which the facility meets the licensing rules. Changes have been made to reflect statutory changes in age of majority, exemptions from licensure, length of time for which a license can be issued, and to establish licensing fees. Other changes include changing the name of the agency which is the certifying authority from Department of Public Assistance and SocialServices to Department of Family Services, simplification of rules, change in classification of types of facilities, inclusion of fire and sanitation inspections for all licensed facilities, uniformity of requirements between types of facilities and clarification of agency roles within the licensing process. The structure of the rules has also been changed to reflect the simplification in rules, relocating many sections to one General Rules Chapter to avoid unnecessary
repetition.

CHAPTER 1
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
GENERAL PROVISIONS
Section 1. Authority.
These rules of the Department of Family Services are promulgated pursuant to W. S. 9-2-2104
(a) (vii), W.S. 14-4-104 and W.S. 16-3-101, et seq. (1999).
Section 2. Purpose.
These rules have been adopted to provide uniform licensing for the protection of children in
child care facilities. These rules also provide uniform procedures for conducting contested case
hearings before the Child Care Certification Board.
Section 3. Severability.
If any provision of these rules is declared unconstitutional or beyond the authority conferred
upon the Department by the Wyoming Legislature, the remaining provisions shall not be affected
by the declaration.
Section 4. Introduction.
The Department of Family Services is responsible for the licensing, monitoring and enforcement
of rules for all Wyoming providers of child care services covered in these rules. Providers/directors are required to comply with all federal, state and local laws, statutes and rules that pertain to a child care business in addition to these rules. Allegations of violations of any laws, statutes or rules may be reviewed by the State Department of Family Services and appropriate action taken by that Department.
Table of Contents

CHAPTER 2
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
DEFINITIONS
Section 1. Definitions.
(a) “Adult” means any person who has attained the age of majority.
(b) “Applicant” means any person who submits an application to the Department of
Family Services for a child care license.
(c) “Application” means the form on which a person indicates, in writing, a request
to become licensed, renew a license, or change information on the license. The individual who
will be legally responsible for the operation of the facility which includes assuring compliance
with the licensing law and rules shall apply for the license, using the form provided by the
Department.
(d) "Authorized fire inspector" means the representative of the Department of Fire
Prevention or in localities where self-enforcement of minimum standards exists, the official fire
inspector.
(e) "Authorized health inspector" means the representative of the Department of
Agriculture or in localities where self-enforcement of minimum standards exists, the official
health inspector.
(f) "Auxiliary Staff" means any employee, substitute, volunteer, household member
in the case of facilities that are operated in the provider/director’s home, or other person who
may or may not work directly with children but is not used to meet staff ratios and is not
counted as such.
(g) “Biennial” means once every two (2) years.
(h) “Biennium” means the two (2) year period, coinciding with the facility licensure
dates, in which training hours must be obtained.
(i) “Certification” refers to the laws governing the issuance of a child care license in
accordance with W.S. § 14-4-101 et seq.
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(j) “Change Request” means the application form on which a provider/director
requests a change to the child care license.
(k) "Child" means any person under the age of majority.
(l) "Child abuse or neglect" means the improper treatment of children as defined in
W.S. 14-3-202(a) (ii) and 14-6-201(a) (xvi), and as defined in Chapter 1 of the Rules and
Regulations Governing Child Protective Services.
(m) "Child care" is a service for families provided on behalf of children and their
parents, and designed to supplement daily parental care.
(n) “Child Care Center (CCC)” means any business operated by a private person,
partnership, association or corporation that is operating a business for profit or otherwise, in a
building used solely for commercial purposes, where sixteen (16) or more children receive care
for part of the day.
(o) “Child Care Certification Board” means the board mandated by W.S. 14-4-
103.
(p) "Child caring facility" means any business, for profit or non-profit, which
provides care for children at the request of the parents, legal guardians or an agency that is
responsible for those children.
(q) "Child with special needs" means a child evaluated as having autism, deafblindness,
a developmental disability, an emotional disability, a learning disability, a mental
disability, hearing impairment, multiple disabilities, orthopedic impairment, speech or language
impairment, traumatic brain injury or visual impairment including blindness, or significant chronic
illness, who require special health surveillance or specialized programs, interventions,
technologies, or facilities.
(r) "Child Safety Restraint System" means any device which is designed to protect,
hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle
in such a way as to prevent or minimize injury to the child in the event of a motor vehicle
accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R.
571.213 or to applicable federal motor vehicle safety standards in effect at the time of
manufacture.
(s) “Complaint” means a report to child care licensing that a child care facility is in
or has been in violation of these Rules.
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(t) “Cooperative child care” means parents exchanging care on a mutually
reciprocal basis, without offering payment or membership benefits for the care provided.
(u) “Critical height” means the maximum height a child may climb, sit or stand.
(v) "Department" means the Department of Family Services including both the
central office in Cheyenne and the field offices throughout the State of Wyoming.
(w) “Developmentally appropriate” means suitable to the chronological age range
and developmental characteristics of a specific group of children.
(x) “Diarrhea” means three (3) or more loose stools in a 24-hour period.
(y) “Direct supervision” means within sight and sound.
(z) “Director” means any person who applies for and is issued a Child Care Center
or Family Child Care Center license.
(aa) "Discipline" means a process by which staff assists children to develop inner
control necessary to manage their own behavior in a socially approved manner.
(bb) “Family Child Care Center (FCCC)” means a child care facility in which care is
provided for a maximum of fifteen (15) children for part of a day, which may be in a residential
or commercial type structure.
(cc) “Family Child Care Home (FCCH)” means a licensed child care facility in
which care is provided for no more than ten (10) children y in the primary residence of the
provider.
(dd) “Group” means the number of children assigned to a staff person(s) occupying
an individual classroom or well defined space, used to meet the staff:child ratios set forth in the
Administrative Rules for Certification of Child Care Facilities, Chapter 6, Section 1.
(ee) “Household member” means a person who resides in a family home as
evidenced by factors including, but not limited to, maintaining clothing and personal effects at the
household address, receiving mail at the household address, using identification with the
household address, or eating and sleeping at the household address on a regular basis.
(ff) “Immediate family” means siblings (including step and half siblings) who live
together with their parent(s), step parent(s) or legal guardian(s) in the same residence.
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(gg) "Imminent danger" includes threatened harm and means a statement, overt act,
condition or status that represents immediate and substantial risk of sexual abuse or physical or
mental injury.
(hh) "Infant" means any child in care from birth to twelve (12) months of age.
(ii) “Initial license” means the first license issued when a facility has never been
previously licensed.
(jj) “Licensee” means the person or entity that is granted permission by the State of
Wyoming to operate a child care facility.
(kk) "Licenser" means the representative of the Department of Family Services who
performs inspections and enforces compliance of these rules.
(ll) "Licensing authority" means the Department of Family Services operating as the
department which issues licenses, makes inspections, enforces rules and handles all
administrative details relating to enforcement of W.S. 14-4-101 through 14-4-116.
(mm) “Multiple Location Facility (MLF/FCCC or MLF/CCC)” means any child care
facility that is part of a business operating Family Child Care Centers (FCCC) or Child Care
Centers (CCC) at multiple locations.
(nn) “Non-renewal” means the action taken when a request for renewal has been
submitted by the provider/director but the content of the request does not demonstrate
compliance with these rules and a license cannot be issued.
(oo) “Occasional child care” means the care of a neighbor’s or friend’s child if the
care-taking person does not regularly engage in this activity.
(pp) “Premises” means a tract of land and the structures on it.
(qq) "Preschool age child" means any child in care from three (3) to five (5) years
old.
(rr) “Provider” means any person who applies for and is issued a Family Child Care
Home license.
(ss) “Relative” means an individual who is through marriage, blood relationship, or
court decree, the parent, grandparent, great-grandparent, sibling, aunt or uncle of a child
receiving child care.
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(tt) “Request for renewal” means the Child Care Inspection Report, renewal fee
and all supporting documents that demonstrate compliance with these rules.
(uu) “Resilient surface” means the surface under and around playground equipment
that reduces the risk of serious injury from a fall.
(vv) "Safety belt" means a passenger restraint that was installed when the vehicle was
manufactured.
(ww) "School age children" are children who are enrolled in first grade or higher, or
are six (6) years or older.
(xx) "Staff" means any provider, director, household member in the case of a facility
located in the provider/director’s home, employee, substitute, or volunteer working directly with
children and used to meet staff:child ratio requirements. Minimum age of staff must be sixteen
(16) years.
(yy) "Staff:child ratio" means the maximum number of children permitted to be
directly cared for per staff member.
(zz) "Substantiated report" means any report of child abuse or neglect or child care
rules violation made to the Department in which it is determined, after an investigation that a
preponderance of evidence of the alleged abuse or neglect or violation exists.
(aaa) “Swimming pool” means any body of water containing more than twelve (12)
inches of water, which could be used for the purpose of swimming, wading or any other
recreational activity.
(bbb) “Toddler” means any child in care from twelve (12) to thirty-six (36) months of
age.
(ccc) “Training hours” means hours for which training has been approved for the
purposes of fulfilling the licensing training requirements.
(ddd) "Unsubstantiated report" means any report of child abuse or neglect or child
care rules violation for which it is determined, after an investigation that a preponderance of
evidence of the alleged abuse or neglect or violation does not exist.
(eee) “Use zone” means the surface under and around a piece of equipment onto
which a child falling from or exiting from the equipment would be expected to land.
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(fff) “Visitor” means an individual who is present in a child care facility for no more
than sixteen (16) hours in a month and who is present only for the purpose(s) of providing a
program, service, conducting an inspection, investigation, observation or evaluation and who is
not counted in staff:child ratios, does not supervise children and is within sight and sound of a
staff member at all times.
(ggg) “Volunteer” means any person acting as staff or auxiliary staff without any form
of payment or compensation. Minimum age for volunteers is sixteen (16) years.
(hhh) “Wading pool” means a portable, above ground basin filled with twelve (12) or
fewer inches of water, and designed for the purpose of wading.
(iii) “Weapon” means, but is not limited to, a firearm, explosive or incendiary
material, or other device, instrument, material or substance, which in the manner it is ordinarily
used, or is ordinarily intended to be used, is reasonably capable of producing death or serious
bodily injury.

CHAPTER 3
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
CERTIFICATION OF CHILD CARING FACILITIES
Section 1. Licensing Procedures.
(a) All providers/directors of child care facilities covered by these rules shall
request regular licensing in accordance with these rules.
(b) Any individual who provides care for more than two children is required to be
licensed unless exempted under one of the following areas:
(i) A legal parent's or legal relative's care of a child;
(ii) Occasional care of a neighbor's or friend's child if the person providing
the care does not regularly engage in this activity;
(iii) Parents exchanging care on a cooperative basis;
(iv) Child care provided by a person employed to come to the home of the
child's parent or guardian;
(v) Child care facilities providing care for no more than two (2) minors;
(vi) Child care facilities supervised by the state, any local government,
school district or agency or political subdivision thereof; or
(vii) Child care facilities providing care to the children of only one (1)
immediate family unit.
(c) Only one (1) individual who is exempt from licensure can provide care at a
location or residence.
(d) With the exception of a legal parent in Chapter 3, Section 1(b) (i), these
exemptions cannot be combined.
(e) Facilities that are legally exempt may request voluntary licensing.
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(f) Interpretation of these rules is the responsibility of the Department. No other
person, agency or organization shall make public interpretation of the licensing rules.
Section 2. Initial Application and Reapplication.
(a) Information to become licensed will be made available by the Department.
(b) Application is required for:
(i) New facilities; and
(ii) Reapplication when a facility previously held a license and that license is
currently not valid.
(c) The Department of Family Services is not required to take any action on a new
application until the application process has been completed. All applications are to receive
action from the Department of Family Services within thirty (30) days from the date they are
completed. New applications are considered as completed and filed when the licenser has
received:
(i) A signed and dated application form filled out in its entirety;
(ii) TB test results;
(iii) Local zoning approval where required;
(iv) Documentation from a physician, physician’s assistant, or nurse
practitioner that the applicant has no diagnosed medical or emotional conditions that would
impair their ability to provide child care;
(v) Three (3) references attesting to the applicant's ability to care for
children. The references shall be from individuals who have known the applicant for a minimum
of six (6) months, are unrelated to the applicant and who have personal knowledge of the
applicant's ability to care for children;
(vi) Proof of required education, training or experience;
(vii) Results of criminal background checks and child abuse/neglect Central
Registry checks for all staff and auxiliary staff.
(viii) Proof of completion of six (6) hours of orientation training in
accordance with Chapter 6, Section 7 (a); and
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(ix) Non-refundable application fee of fifty dollars. ($50.00)
(d) Action taken on an application may include issuance of a full license, issuance of
a provisional license or denial of the application.
Section 3. Change Request Application
(a) Written notification from the provider/director is required for any of the
following changes:
(i) The name of the facility;
(ii) The name of the provider/director;
(iii) Change in director;
(iv) Physical location of the facility;
(v) Mailing address of the facility;
(vi) Telephone number of the facility;
(vii) Facility classification;
(viii) Structural modifications;
(ix) Facility closure;
(x) Capacity; or
(xi) Licensing period.
(b) Verbal reports from the provider/director of changes in the facility telephone
number, mailing address or facility closure may be accepted if the licenser is unable to get
written notification from the provider/director.
(c) Change requests are considered as complete when the licenser has received the
completed change request form and all required documentation.
(d) The Department of Family Services is not required to take any action on a
change request until the change request process has been completed.
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(e) Changes will be effective when all required documentation has been received or
the effective date of the change, whichever is later.
Section 4. Inspection.
(a) As soon as possible and not to exceed thirty (30) days after an application for
licensure has been completed, an inspection of the child care facility shall be made by the
licenser.
(b) Inspections conducted prior to issuance of the initial license shall be made by
appointment.
(c) A minimum of one (1) annual licensing inspection is required of all facilities.
(d) Additional licensing inspections, scheduled or unscheduled may be conducted
during the licensing year.
(e) Inspection will include:
(i) Examination and assessment of the facility, equipment, and records for
compliance with these rules;
(ii) Measurement of available indoor and outdoor play space initially and
with any change;
(iii) Discussion of any licensing violations discovered as the result of
inspection; and
(iv) Establishment of completion deadlines for compliance with any
violations discovered as the result of inspection.
(f) Copies of all completed inspection forms shall be kept on site and made
available by the provider/director to parents, other inspectors or anyone else requesting to see
the inspection results.
(g) All child care facilities shall receive annual fire and health approval in addition to
the Department of Family Services' inspection. Local ordinances may require additional
inspections:
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(i) Fire inspection authorities are responsible for enforcement of fire codes;
and
(ii) Health/sanitation inspectors are responsible for the enforcement of
health/sanitation regulations.
(h) Violations and/or noncompliance with fire, health/sanitation or immunization
regulations may affect licensure.
Section 5. License Issuance.
(a) Upon application for licensure or for the purpose of renewal of an existing
license, or change to the existing license, the Department shall make or cause to be made a
review of program documents that demonstrate compliance with the licensing rules and one or
more inspections of the facility. Based on the information on hand and/or the result of the
inspections, the Department shall issue a license to the child care facility if the facility:
(i) Is in compliance with the applicable Federal, State and local laws, rules
or regulations unless a variance for an exception to a specific regulation has been requested in
writing by the provider/director. Each request for a variance will be considered on its own
merit; or
(ii) No open investigations by Child Care Licensing or Child Protective
Services are pending against the provider/director, staff or auxiliary staff; or
(iii) No issues of non-compliance are unresolved from a previously held
license.
(b) Each license is issued for the address or child care facility named on the license.
It is not transferable or assignable.
(i) Two (2) or more licenses shall not be issued for the same, adjacent or
shared location unless the facilities operate completely independently of one another by:
(A) Not using shared or common equipment simultaneously; and
(B) Maintaining all records and complying with all child care
licensing rules independent from the adjacent facility.
(c) When a facility closes, the license will be invalid.
(d) An initial license cannot be issued if a fire inspection has not been completed.
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(e) If a facility’s license is to be renewed and required inspections or approval have
been delayed through no fault of the provider/director, a full license may be issued.
(f) Full licenses may be issued for one (1) or two (2) years.
(i) A one (1) year license shall be issued for all facilities in compliance with
these rules unless the facility has requested a two (2) year license and all criteria for the two (2)
year license has been met.
(ii) A facility will be issued a two (2) year license with the renewal fee for
the second year of the license waived. The provider/director must provide documentation that
the facility has during the preceding two (2) years of its child care licensure met the following
conditions:
(A) Compliance with these rules with out any substantiated
violations; and
(B) Exceeding the requirements of these Rules in two (2) of the
following areas:
(I) Increased staff:child ratios for all children in care;
(II) Fifty percent (50%) of staff exceed training
requirements by fifty percent (50%);
(III) Monthly health care consultation for all ages of children
served;
(IV) Documentation of parental participation in the program
through opportunities for regular meetings to discuss the strengths and needs of the facility,
family involvement activities and through daily opportunities for staff to talk to parents on an
individual basis about their child’s needs and/or activities; or
(V) National accreditation by an accreditation body
recognized by the Department.
(g) A provisional license, for a period not to exceed six (6) months, may be issued
for an initial or renewal license, permitting operation of a child care facility when:
(i) The facility is temporarily unable to conform to all required minimum
standards; or
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(ii) Compliance with licensing rules is being monitored due to a history of
noncompliance.
(h) A full license shall be issued to replace a provisional license at any time full
compliance is documented and/or monitoring is completed.
Section 6. Licensure Fees.
(a) At the time of the initial application or reapplication, a nonrefundable application
fee of fifty dollars ($50.00) shall be paid by all applicants. The applicant will be provided with a
copy of the licensing rules with payment of this fee.
(b) The following renewal fees for all licensed facilities are nonrefundable and due
upon the expiration date of the current license or when a facility has submitted a request for a
change in the licensing year:
(i) Family Child Care Home (FCCH) - $25.00;
(ii) Family Child Care Center (FCCC) - $50.00;
(iii) Child Care Center (CCC) - $50.00; and
(iv) Multiple Location Facilities (MLF/FCCC or MLF/CCC) - $50.00 per
site.
Section 7. Application for Renewal of a License.
(a) Renewal of an existing license will be dependent upon submission of a request
for renewal and payment of the renewal fee as described in Section 6(b) of this chapter, and
continued compliance with child care licensing rules.
(b) Medical statements are not required when renewing a license but may be
required whenever there has been a change in the physical or mental condition of the
provider/director or when the Department is aware of a concern about the ability of the
provider/director to provide safe child care.
(c) Tuberculosis (TB) tests are required in keeping with the latest recommendation
of the State Health Authority.
Section 8. Complaints.
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(a) The local Child Protection Services worker or local law enforcement agency is
to be notified when a complaint of child abuse or neglect is received by the Department
involving a provider/director, staff or auxiliary staff. Complaints concerning child abuse or
neglect will be investigated by a child protection worker and/or law enforcement.
(b) Complaints involving violations of child care licensing rules will be investigated
by the licenser. When appropriate, joint investigations shall be made with Child Protection
Services workers, fire or health inspectors or law enforcement.
(i) Complaints shall be accepted and investigated even when the
complainant wishes to remain anonymous.
(ii) Investigation of licensing rule complaints shall include:
(A) A record of the complaint as received;
(B) An unannounced visit by a representative of the Department to
the facility being investigated; and
(C) A summary record of the investigation as conducted by the
Department of Family Services.
(c) When an investigation is made to determine if the complaint is valid, the
provider/director will be notified in writing of:
(i) The allegations made in the complaint;
(ii) The findings and any areas of noncompliance with regulations;
(iii) What corrections must be made and a date by which compliance will be
expected; and
(iv) Required compliance which may include:
(A) Training hours in specific competency areas;
(B) Written statements or reports;
(C) Facility records or reports; or
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(D) Other requirements necessary to demonstrate compliance or the
ability to maintain compliance with these rules.
(d) If noncompliance continues or reoccurs and is confirmed, the licenser may use
the noncompliance as a basis for making additional visits to the facility or recommending
revocation of the license.
(e) If complaints relate to nonlicensing issues, (such as rates charged, hours of
operation, etc.), the complainant will be told these factors are not subject to licensing authority
and the complaint will be rejected or referred when appropriate.
(f) Complaints about the operation of unlicensed child care operators will be
investigated by the Department. The facility operator will be contacted and provided
information related to the state statute requiring certification for child care facilities. Additional
action may be taken against persons who are not legally exempt and continue to operate without
a license, in accordance with W.S. § 14-4-111.
(g) Providers/directors have the right to be told about information contained in the
complaint or the report with the exception of information that would identify the reporter.

CHAPTER 4
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
DENIAL, NON- RENEWAL, REVOCATION OR SUSPENSION OF LICENSE
Section 1. Authority.
The Department of Family Services may deny, not renew, revoke or suspend a license
upon proof of noncompliance with or violation of any child care rules, regulations or federal and
state laws pertaining to the operation of a child care business. This includes noncompliance with
health or fire inspections or immunization requirements.
Section 2. Reasons for Denial, Non-Renewal, Revocation or Suspension.
Reasons that will be considered by the Department, for the denial, non-renewal,
revocation or suspension of a license include, but are not limited to:
(a) Failing to comply with rules prescribed and published by the Department of
Family Services;
(b) Any staff or auxiliary staff is found not to be of good moral character;
(c) Furnishing or making any misleading or false statement or report to a licenser;
(d) Failing to provide, maintain, equip and keep in safe and sanitary condition
premises established or used for child care pursuant to licensing rules prescribed by the
Department;
(e) Any staff or auxiliary staff is charged with the commission of an act of child
abuse, neglect, or any sexual offense or is the subject of a substantiated abuse or neglect finding;
(f) Preponderance of credible evidence that a criminal history exists for any staff or
auxiliary staff;
(g) Any staff or auxiliary staff failing to complete all required training as specified by
these rules;
(h) Any staff or auxiliary staff is convicted of a crime against children;
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(i) Any staff or auxiliary staff using or being under the influence of alcohol or illegal
drugs on the facility premises during the hours of operation or in a vehicle while transporting
children;
(j) Violating a rule in the same section of these rules three (3) times within a twelvemonth
period;
(k) Violation of any section of the statutes or rules that has been willful, continual, or
hazardous to health or safety, or the provider/director has not made reasonable efforts to
conform to standards or is unable to comply;
(l) Refusing to submit to the Department any reports or refusing to make available
any records required by them in making an investigation of the facility for licensing;
(m) Failing or refusing to submit to an investigation or interfering with an
investigation.
(n) Failure to admit authorized representatives of the Department at any time the
facility is open for operation for the purpose of investigation, obtaining records, inspection or
monitoring;
(o) Failing to maintain the separate operation of child caring facilities will result in
revocation or suspension of all licenses;
(p) Being convicted of fraud against the Department; or
(q) When a facility has applied for a license or renewal of a license; and
(i) Open investigations by Child Care Licensing or Child Protective
Services are pending against the provider/director, staff or auxiliary staff; or
(ii) Issues of non-compliance from a previously held license are unresolved.
Section 3. Denial or Revocation.
(a) When a child care license is to be denied or revoked, the provider/director or
owner must be notified in writing of the action being taken. Parents, other agencies,
organizations and programs will also be notified as appropriate.
(b) A letter of revocation or denial will include the following:
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(i) A statement of the laws, rules or regulations violated;
(ii) Determination of what action will be taken;
(iii) Notification that a revocation action will be effective thirty (30) days
from receipt of the letter, unless licensee requests a hearing;
(iv) Notification that denial of a license is effective immediately;
(v) Statement of authority for the revocation or denial;
(vi) The right to seek representation by a lawyer, friend, or relative.
However, the Department will not be responsible for any fees charged; and
(vii) The penalty for unlicensed operation, as stated in W.S. 14-4-111.
(c) A notice of intent to revoke a child care license shall be sent to parents of
children currently attending the facility. A complete list of parents with mailing addresses shall
be supplied to the Department by facility staff upon request.
(d) Notice to parents shall include the following:
(i) Name of facility;
(ii) Name of the provider or director;
(iii) Action being taken and the reason(s) for the action; and
(iv) Date the action will be effective.
Section 4. Reapplication following Revocation.
(a) Reapplication cannot be made for three (3) years by the same provider,
director or owner following revocation of a child care license.
(b) Reapplication must include acceptable verification of how all previous
compliance issues have been addressed before the application can be accepted.
(c) Reapplication cannot be made following a second revocation.
Section 5. Suspension.
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(a) During the course of an investigation, if it becomes apparent to the investigator
that emergency action is required to protect the health, safety and/or welfare of children in a
child care facility regulated by the Department, then a suspension shall be requested.
(b) The decision to issue an Order of Suspension shall be made by the Child Care
Licensing Program Manager or designee at the central office following review of the
investigative information including the recommendation of the investigator, Child Protective
Services worker, and/or licenser.
(c) The suspension order shall specify the reasons for issuance including the specific
section(s) of the statutes and/or rules violated and the need for emergency action.
(d) The licenser or other Department designee will hand deliver the suspension
order and ensure that all children in the care of the provider are picked up by their parents or
guardians. The support of law enforcement agencies shall be requested in the closure where
there is a threat to the safety of the licenser or children.
(e) The order shall be effective during proceedings to revoke the license unless the
suspension is lifted by the Department.
(f) A revocation notice will follow the suspension order as soon as possible after
the closure to ensure that the license is legally revoked and the operator's legal rights are not
violated.
Section 6. Documentation.
Documentation, which is necessary for the denial, revocation or suspension of a child
care license, includes at least one (1) of the following:
(a) Inspection and/or investigation reports;
(b) Protective services reports and/or police reports;
(c) Arrest and/or conviction records;
(d) Mental health, medical or treatment reports; or
(e) Department of Family Services field office files.

CHAPTER 5
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
CONTESTED CASE HEARING
Section 1. Authority.
These rules are promulgated pursuant to the Wyoming Administrative Procedure Act.
Section 2. Purpose.
These rules have been adopted to provide uniform procedures for the conduct of
contested case hearings before the Child Care Certification Board pursuant to the Wyoming
Administrative Procedure Act, W.S. § 16-3-101 through §16-3-115.
Section 3. Applicability.
Contested case hearings before the Child Care Certification Board shall be conducted
according to these rules.
Section 4. Definitions.
The definitions set forth in the Wyoming Administrative Procedures Act, W.S. §16-3-
101, are incorporated by reference. For the purposes of a contested case hearing, the
following definitions shall also apply:
(a) "Affidavit" - a written notarized statement of facts made voluntarily under oath.
(b) “Board” – the Child Care Certification Board acting as the board of review.
(c) “Chairman” – the chairman of the Child Care Certification Board.
(d) "Contested case" - a proceeding involving denial, suspension, revocation,
substantiated complaint or non-renewal of any certificate issued under W.S. §14-4-101 through
14-4-116 where a hearing has been requested.
(e) "Department" - the Department of Family Services (DFS).
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(f) "Director" - the Director of the Department of Family Services.
(g) "Ex parte matter" - matters heard by the hearing officer in the absence of and
without notice to the adverse party.
(h) "Hearing officer" - any designee of the Chairman to serve as the presiding
officer at a hearing held under these rules. The Chairman may appoint such persons as
necessary to assist in the conduct of a hearing.
(i) “Hearing panel” – a committee of three (3) or more Board members designated
by the Chairman of the Child Care Certification Board to hear a case and recommend a
decision on behalf of the Board.
(j) "Indispensable party" - any person whose joinder as a party is required to
obtain a just resolution of the contested case. The hearing officer will determine who is an
indispensable party.
(k) “Individual” - the person impacted by decisions of the Department.
(l) “Informal Conference” - the conference conducted at the DFS local level by the
Child Care Licensing Program Manager or Supervisor to review case information concerning
local DFS action regarding a contested case.
(m) "Person" - any individual, partnership, corporation, association, municipality,
governmental subdivision, public or private organization of any character, other than an agency.
(n) "Petitioner" - agency or individual as designated by the Hearing Officer
(o) "Respondent" - agency or individual as designated by the Hearing Officer.
(p) “WAPA” - the Wyoming Administrative Procedure Act, W.S. §16-3-101
through §16-3-115.
Section 5. Requests for Hearing.
(a) Any person or their formally designated representative may make a request to
the Department for a hearing in a contested case. Requests may be made within local offices
and forwarded to the Department.
(b) Requests for a hearing must be in writing.
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Section 6. Computation of Time.
In computing any time period set forth in these rules, by applicable statute or order of
the hearing officer or Director, the day of the act, event or default from which the designated
period begins to run shall not be included. If the last day of a designated period falls on a
Saturday, Sunday or legal holiday, or when the act to be done is the filing of a paper and
weather or other conditions have made the place of filing inaccessible, then the period runs until
the end of the next business day. For time periods of ten (10) days or less, the period of time
shall be ten (10) business days. For purposes of this section, “legal holiday” includes any day
officially recognized as a legal holiday in this state by designation of the legislature or
appointment as a holiday by the Governor.
Section 7. Contents of Request for Contested Case Hearings.
(a) The request shall contain at least:
(i) Name, address, and telephone number of the person requesting the
hearing; and identification of the person on whose behalf the hearing is being requested.
(ii) The reason for the request, including the nature of the departmental
action, order or determination being contested; and
(iii) Name and address of the requesting party’s legal counsel or
representative, if the requesting party has retained counsel or a representative at the time the
request for hearing is made.
Section 8. Time Period for Requests and Evaluation of Requests.
(a) Requests for a hearing on issues pertaining to Day Care Licensing shall be
made within ten (10) days from the date of mailing of the agency action.
Section 9. Notice of Hearing; Request for Continuance.
(a) In any contested case, all parties shall be afforded no less than twenty (20) days
advance notice of the hearing.
(i) The time period specified herein may be waived by an individual upon
written notification to the Chairman or Hearing Officer.
(ii) Notice shall be served personally or by certified mail to the last known
address of the party.
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(b) Contents
(i) A notice of hearing shall contain, at least:
(A) The time, place, and nature of the hearing;
(B) The legal authority and jurisdiction under which the hearing is
being held;
(C) The particular sections of the statutes or rules involved;
(D) A short and plain statement of the matters asserted;
(E) The docket number assigned to the case;
(F) The right to be represented by an attorney or representative;
and
(G) The right to present witnesses or other appropriate evidence.
(c) Upon request for a continuance by either party served, the Hearing Officer
shall, upon a showing of good cause, allow the party an alternative time and place for the
hearing, provided such request is made within ten (10) days from the date of mailing of the
notice of hearing.
(i) When a request for a continuance is granted, the Hearing Officer shall
reissue the notice in accordance with Section 10 of these rules at least five (5) days prior to the
hearing date.
(ii) Only one request for rescheduling of a hearing shall be honored unless,
in the Hearing Officer’s judgment, additional changes must be allowed to avoid manifest
injustice. Notice shall be issued as provided by Section 10 (a) and (b) above.
(d) A hearing shall be held within ninety (90) days of the agency action which gives
rise to the complaint, unless otherwise provided by law.
Section 10. Failure to Appear.
If a party requesting a hearing fails to appear at the place, date, and time specified in a
notice, the hearing officer may:
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(a) Continue the hearing to a later date and provide notice as prescribed by Section
10 (a) and (b) herein; or,
(b) Dismiss the hearing and send notice to all parties the hearing was dismissed for
the requesting party’s failure to appear. The party requesting the hearing shall have twenty (20)
days from the mailing of the dismissal notice to submit a written request that the hearing be
recalendared accompanied by a showing that good cause existed for the requesting party to
have failed to appear at the originally scheduled hearing.
Section 11. Discovery.
All discovery in a contested case shall be governed by the Wyoming Rules of Civil
Procedure, and the Wyoming Administrative Procedure Act, W. S. §16-3-107 (g) and (h).
The party for whom any depositions are taken will ensure original transcripts are placed in the
record by filing them with the Director’s designee. All other records of discovery shall likewise
be filed with the Director or designee by the party originating such discovery.
Section 12. Subpoenas.
Any party may request the hearing officer issue a subpoena so as to compel the
attendance of a witness pursuant to W. S. §16-3-107. Request for the issuance of the
subpoena shall be accompanied by a completed subpoena which should substantially conform
to the form provided by the Department. Upon receipt of a subpoena request, the hearing
officer shall issue the subpoena and return the subpoena to the requesting party for service.
Section 13. Expedited Contested Case.
(a) Upon request of the parties, made prior to the date set for the hearing, any case
may be heard as an expedited case.
(b) Expedited cases will be decided on written argument, evidence and stipulations
submitted by the parties. Oral argument will be presented upon the request of any party.
(c) The hearing officer has discretion to require an evidentiary hearing in any case in
which it appears that facts material to a decision in the case cannot be properly determined
without an evidentiary hearing.
Section 14. Prehearing Conference.
(a) At a time on or before the day of the hearing, the hearing officer, with or without
either party's motion, may meet with the parties for a conference to consider simplification of the
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issues, stipulations and admissions of fact, clarification or limitation of evidence, and any other
matters that may expedite the proceeding and assure a just conclusion of the case.
(b) Any stipulations, limitations or agreements made at a prehearing conference
shall be recited in the record and shall control the course of the proceedings, unless modified
during the hearing to prevent manifest injustice.
Section 15. Informal Disposition.
Settlement of a contested case by any informal means (i.e., stipulation, agreed
settlement or consent order) shall be allowed at any time unless precluded by law. Such
settlements shall be in writing by both parties and included as a part of the record. The Hearing
Officer shall enter an order dismissing the contested case proceeding upon such settlement, and
such order shall be considered a final order of the Department.
Section 16. Hearing Officer.
(a) The Chairman or designee shall appoint a hearing officer to preside over
contested case hearings on a case-by-case basis or for a scheduled period of time, as deemed
appropriate.
(b) The hearing officer shall be any person determined by the Chairman or designee
to be qualified to serve in such a capacity, who has not taken part in the investigation,
preparation, or earlier disposition of the case to be heard.
(i) The hearing officer may withdraw from a hearing at any time a
contested case is pending by filing a written notice of withdrawal with the Chairman or designee
and serving all parties.
(ii) Any party may request in writing the Chairman remove and replace the
hearing officer in a contested case. This request must be accompanied by a statement and
affidavits, if appropriate, setting forth the alleged grounds for disqualification. The Chairman or
designee may deny a party's request for removal and shall issue a written statement explaining
the grounds for denial which shall be made a part of the record. If the request is granted, the
Chairman or designee shall appoint a new hearing officer as soon as is practicable.
(iii) The party requesting hearing may object to the appointment of the
hearing officer on the record at the hearing. The objection shall set forth the alleged grounds for
disqualification.
(c) The hearing officer shall have all powers necessary to conduct a fair and
impartial hearing, including but not necessarily limited to, the following authority:
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(i) To administer oaths and affirmations;
(ii) To subpoena witnesses and require the production of any books,
papers or other documents relevant or material to the inquiry;
(iii) To rule upon offers of proof and relevant evidence;
(iv) To provide for discovery and determine its scope;
(v) To regulate the course of the hearing;
(vi) To hold conferences for the settlement or simplification of the issues;
(vii) To dispose of procedural requests or similar matters; and
(viii) To take any other action authorized by the Department's rules.
(d) Failure or refusal to appear or obey orders of the hearing officer may result in
the sanctions provided in W.S. §16-3-107(c) and (f).
(e) Except to the extent authorized by W.S. §16-3-111 or by other state law, a
party or that party’s attorney shall not communicate directly or indirectly in connection with any
issue of fact or law with the hearing officer or any member of the Board concerning any pending
case, except upon notice and opportunity for all parties to participate. Should ex parte
communication occur, the hearing officer or the Board member contacted shall advise all parties
of the communication as soon as possible thereafter, and if requested, allow any party the
opportunity to respond. If a Board member needs counsel regarding the hearing, they shall
contact the Attorney General’s office. If the individual requesting the hearing needs counsel,
they are encouraged to contact the Wyoming State Bar or a private attorney.
Section 17. Evidence and Testimony; Telephone Conferences
(a) Except as may be otherwise ordered by the hearing officer, the Department
bears the burden of proof.
(b) Admissibility of evidence
(i) The parties shall be entitled to present any oral or documentary
evidence, submit rebuttal evidence and conduct cross-examinations, as may be required for a
full disclosure of the facts.
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(ii) All documentary or physical evidence submitted for consideration shall
be marked as exhibits. Petitioner’s exhibits shall be marked by letters of the alphabet beginning
with "A". Respondent’s exhibits will be marked by numbers beginning with "1".
(iii) The hearing officer shall allow any oral or documentary evidence.
Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Hearsay is admissible.
(iv) Evidence may be received in written form, yet if such written evidence
would not be admissible under the Wyoming Rules of Evidence, all parties should be afforded a
reasonable opportunity to confront and cross-examine the author of the written evidence.
Generally, such a reasonable opportunity is afforded by giving all parties written notice of the
intent to introduce and rely upon the written evidence a reasonable period of time prior to the
scheduled evidentiary hearing.
(c) Objections
(i) The grounds for objection to any evidentiary ruling by the hearing officer
shall be briefly stated. Rulings on all objections shall appear in the record. Only those
objections made before the hearing officer, or specifically stipulated to by both parties, may be
relied on in a subsequent proceeding.
(ii) Formal exception to an adverse ruling is not required.
(d) Privileged and confidential information
(i) Any privilege at law shall be recognized by the hearing officer in
considering evidence.
(ii) No employee of the Department shall be compelled to testify or to
divulge information which is confidential or privileged at law and which is contained within the
records of the Department or acquired within the scope of employment except as provided in
W.S. §16-3-107.
(e) Administrative notice may be taken of any material fact not appearing in
evidence in the record that is of the nature of traditional matters of judicial notice or within the
special technical knowledge or files of the Department. Parties shall be given an opportunity to
contest matters administratively noticed prior to a final decision by the Department in
accordance with W.S. §16-3-108.
(f) Each witness who is present to give testimony must identify himself or herself by
stating his or her name and address; indicate on whose behalf he or she will testify; and be
administered an oath by affirmation by the Hearing officer.
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(g) At the discretion of the hearing officer, telephone calls may be used to conduct
any hearing or other proceeding. At the discretion of the hearing officer, parties or their
witnesses may be allowed to participate in hearings by telephone.
Section 18. Representation.
(a) All parties have a right to represent themselves, to be represented by an
attorney licensed to practice law to appear on their behalf.
(i) If the individual requesting a hearing is represented by an attorney,
payment of attorney’s fees and costs are the responsibility of the individual requesting a hearing.
(b) Department employees may request the Attorney General to assist in contested
case hearings to the extent required by W.S. §16-3-112(c).
Section 19. Order of Procedure.
(a) The following order of procedure shall be followed:
(i) The hearing officer shall announce the hearing is open and call by
docket number and title the case to be heard. The hearing officer shall ask if parties are ready
to proceed and will allow parties an opportunity to dispose of any preliminary matters;
(ii) The hearing officer shall administer the oath affirmation to all witnesses
who will present testimony;
(iii) The hearing officer may, by discretion, allow evidence to be heard in an
order other than prescribed here and shift the burden of proof accordingly;
(iv) The opening statements will be made by the Petitioner first, then by the
Respondent, unless the hearing officer allows evidence to be heard in an order other than that
prescribed and shifts the burden of proof according to paragraph (iii) of this subsection;
(v) Evidence will be presented by the Petitioner first, then by the
Respondent, unless the hearing officer allows evidence to be heard in an order other than that
prescribed and shifts the burden of proof according to paragraph (iii) of this subsection.
Petitioner may then offer rebuttal evidence. Parties may each exercise the right to crossexamine;
(vi) The hearing officer and the hearing panel members may examine
witnesses at the close of either party’s direct or cross examination;
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(vii) No testimony shall be received by the hearing officer unless given under
oath/affirmation;
(viii) Closing statements will be made by the Petitioner first, then by the
Respondent, and then the Petitioner will have the final response.
(ix) The hearing officer may limit the time for opening and closing
statements;
(x) The hearing officer may recess the proceedings as appropriate;
(xi) After all parties have had an opportunity to be heard, the hearing officer
may excuse all witnesses and adjourn the hearing;
(xii) The hearing may be reopened only upon a motion by a party to the
proceeding on a showing of good cause.
Section 20. Decisions.
(a) The hearing officer shall make proposed findings of fact and conclusions of law
within twenty (20) working days of the close of the hearing and forward them to members of the
Hearing panel for approval as a recommended decision. This time may be extended if the
parties or other interested persons are to submit briefs; but, in no event may this time be
extended by more than ten (10) working days, unless a later date is stipulated, in writing, by
Petitioner and Respondent.
(i) Within ten (10) working days of the Hearing officer’s recommended
decision, the Hearing panel shall issue its recommended decision to the Board.
(ii) Within ten (10) working days of the date of the Hearing panel’s
recommended decision, each party shall be allowed to file with the Board exceptions to the
recommended decision with or without a supporting brief. Such exceptions and briefs shall be
served on all other parties.
(b) Within fifteen (15) working days of receipt of the Hearing panel’s
recommended decision, the Board will make and enter in the record the final decision in the
case. This decision shall be made and served on all parties to the proceeding.
(i) The decision shall include:
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(A) A statement of the findings of fact and conclusions of law,
stated separately, with a concise and explicit statement of the underlying facts supporting the
findings; and
(B) The appropriate rule, order, relief or denial thereof. The
decision shall be based upon a consideration of the whole contested case record or any portion
stipulated to by the parties.
(ii) The decision shall state all facts administratively noticed and relied upon
as provided by W.S. §16-3-108(d).
(c) Final decisions of the Board shall be approved by a majority of members
present at a meeting where a quorum exists, signed by the Chairman and be effective
immediately after being entered in the record and served upon all parties. Service shall be
accomplished either personally or by mailing a copy of any decision or order to each party or to
their attorney of record within a reasonable time following the entry of the decision into the
record.
Section 21. Appeals.
Appeals from a final decision of the Board shall be taken in accordance with W.S. §16-
3-114 and Rule 12 of the Wyoming Rules of Appellate Procedure.
Section 22. Transcripts and Record.
(a) When a contested case is set for hearing, the Chairman or designee shall assign
a docket number to each case and enter the case with its number and date of filing in a docket
book maintained by the Chairman or designee. The Chairman or designee shall maintain a
separate file for each docketed case in which all pleadings, transcripts, correspondence, papers,
and exhibits for that case shall be maintained. All such items shall have noted thereon the
assigned docket number and the date of filing.
(b) The Chairman or designee shall record all contested case proceedings
electronically, through the use of a qualified court reporter or any other appropriate means
determined by the agency, or the hearing officer, as approved by the Department.
Transcriptions of oral proceedings or written transcripts of a witness's testimony may be
obtained upon payment of the cost. Costs may include costs of transcription, pro-rated time of
a DFS employee to duplicate tapes for transcription, cost of tapes and any other cost
associated with transcription of the hearing tapes.
(i) In a nonpublic investigation proceeding, requests for copies or
transcripts may be limited to testimony of the requesting party.
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(ii) Where individuals can demonstrate indigence and cannot effectively
perfect appeal without such transcription the Department may waive the payment of the fee.
(c) The record of the hearing shall contain:
(i) All formal or informal notices, pleadings, motions, intermediate rulings;
(ii) Evidence received or considered, including matters administratively
noticed;
(iii) Questions and offers of proof, objections and rulings;
(iv) Any proposed findings and exceptions thereto; and
(v) The report of the hearing officer to the Child Care Certification Board
and the final decision of the Board.
Section 23. Severability.
If any portion of these rules is found to be invalid or unenforceable, the remainder shall
continue in effect.
Table of Contents

CHAPTER 6
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
GENERAL RULES
Section 1. Staffing Requirements:
(a) Staff:child ratios and supervision as described in this chapter must be maintained
at all times.
(b) Staff:child ratios and maximum group size shall be maintained as follows during
all hours of operation when children are separated into age groups:
Ages of Children Staff:Child Ratio Maximum
Group Size
Infants
Birth to 12 mos. 1:4; 2:8; 3:10 10
Toddlers
12 mos. - 24 mos.
24 mos. - 36 mos.
1:5; 2:10; 3:12
1:8; 2:16; 3:18
12
18
Preschool Age
3 year olds
4 and 5 year olds
1:10; 2:20; 3:24
1:12; 2:24; 3:30
24
30
School Age
6-12 year olds 1:18; 2:32; 3:40 40
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(c) Maximum group size may be relaxed and staff:child ratio reduced at nap time to
one (1) staff member in the sleeping area as long as that staff person has a clear view of all
napping children in the room. Other staff may be excused for other activities; however, staff
numbers must be maintained within the facility to meet overall staff:child ratios at all times.
(d) Maximum group size may not be exceeded for no more than one (1) hour
during portions of the day such as opening and closing hours, special events, etc. Building or
room capacity shall not be exceeded and staff:child ratios shall be maintained.
(e) When age groups are combined, the staff:child ratios and maximum group size for
the youngest age group present shall apply or, the following staff:child ratios shall be maintained
within licensed capacity. These options represent maximum numbers of children per youngest
age group and total. Fewer may be present in the youngest age group and slots shifted to older
age groups, but the age of the youngest child will dictate the option. The number of staff is
indicated for each of the following options:
Ages of Children One Staff Two Staff Three Staff
Birth - 12 mos. 2 0 0 4 0 0 6 0 0
12 mos. - 24 mos. 2 4 0 4 6 0 6 10 0
24 mos. - 36 mos. 0 0 5 0 2 10 0 2 15
3 years - 12 years 4 6 5 7 7 5 8 8 5
Total 8 10 10 15 15 15 20 20 20
or
Ages of Children One Staff Two Staff Three Staff
Birth - 24 months 2 4 6
2 years - 12 years 8 11 14
Total 10 15 20
(f) Staff:child ratios for children with special needs shall be based on the child's
abilities and supervision requirements.
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(g) Supervision of children ten (10) years or older may be relaxed with parents’
written permission to allow children to be out of the direct supervision of an adult while
participating in parental approved activities. This will allow support for development of age
appropriate independence in these children.
(h) In order to be counted in the staff:child ratio, staff must be attending to the
children. Necessary cooking, cleaning, janitorial, or similar tasks performed by a staff person
counted in the staff:child ratio may take no longer than a few minutes, must be done in such a
way that the children are within sight and sound of the staff person, and the staff person can
quickly and easily leave the task to handle direct child caring duties. In a Child Care Center, the
person cooking meals cannot be counted in the staff:child ratio while meals are being prepared
or cleaned up, unless the duties occur during nap time, per Chapter 6, Section 1 (c).
(i) Staff and auxiliary staff under age of majority shall be supervised by an adult
staff member at all times. Minimum age of staff must be sixteen (16) years.
(j) There shall be at least one (1) adult supervising the care of children at all times
and the following supervision requirements also apply:
(i) In Child Care Centers there shall be at least one (1) adult directly
supervising children in each area of the facility where children are located at all times; and
(ii) In Family Child Care Centers and Family Child Care Homes:
(A) Awake infants and toddlers must be directly supervised by staff
at all times;
(B) Older children may be located in adjacent indoor and/or
outdoor areas of the facility if there is direct access, the staff person can clearly hear what
happens in the adjacent area and the staff person remains attentive and moves from one area to
the other every couple of minutes;
(C) If children are in more than two (2) areas, or areas are not
adjacent, then a staff person must be present and attending the children in each area;
(D) Children must be located on the same level or within sight and
sound of staff at all times; and
(E) Napping children who are not within sight of the staff person
must be within easy hearing distance at all times and must be checked on every few minutes.
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(k) At least one (1) person certified in infant/child CPR and first aid shall be in
attendance at all times and in all places that children are in care. This will require home
providers to be certified prior to issuance of a license.
(l) All staff and auxiliary staff are required to complete a child abuse/neglect
Central Registry check and criminal background prescreen or full criminal background check if
indicated by the prescreen
Section 2. Parental Involvement.
To enhance parental involvement and children’s participation in safe quality programs,
providers/directors shall ensure the following requirements are met:
(a) Parents or guardians shall have unrestricted and immediate access to their
children and any area of the facility used by children anytime their child is in attendance;
(b) Parents have a right to the following information:
(i) All inspection reports for the facility;
(ii) Staff:child ratio requirements;
(iii) Menus;
(iv) Information on obtaining complaint and compliance history of providers
from the Department of Family Services; and
(v) Documentation of provider/director training.
(c) Parents must be given a copy of written program policies to include the
following information at the time of the child’s enrollment and informed of any changes prior to
implementation of new policy:
(i) Discipline;
(ii) Sick children in care;
(iii) Administration of medication;
(iv) Administrative policy such as payment, hours of operation and services
provided by the child care facility;
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(v) The presence of any weapons on the premises; and
(vi) Any unusual policies (i.e. not celebrating birthdays or holidays);
(vii) Information on sleeping arrangement and supervision when overnight
care of children is provided; and
(viii) Complaint procedures for reporting concerns:
(A) To the provider/director; and
(B) To the Department of Family Services;
(d) Current license must be prominently displayed for public viewing at all times.
Section 3. Discipline.
(a) Written discipline policy must be developed and followed by all staff. It shall
not include any discipline that is in violation of the child abuse or neglect statute. This includes
excessive or unreasonable physical discipline and the commission or allowing the commission of
a sexual offense against a child, as defined by law.
(i) The facility's discipline policy shall outline methods of guidance
appropriate to the ages of the children enrolled.
(ii) It shall explicitly describe positive guidance, such as redirection, natural
and logical consequences, modeling of positive behavior and other nonviolent, non-abusive
methods of discipline.
(iii) When "time out" is used it must enable the child to regain control of
himself/herself and must keep the child in visual contact with a caregiver. It shall be used
selectively, taking into account the child's developmental stage and the usefulness of "time out"
for the particular child.
(iv) The facility’s discipline policy must be included in orientation of all staff.
(b) The following behavior shall be prohibited in all child care settings and by all
staff:
(i) Punishment associated with food, rest or toilet training;
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(ii) Rough handling of children including hitting, spanking, beating, shaking,
pinching, pushing or other measures that could produce physical pain;
(iii) Abusive or profane language;
(iv) Any form of humiliation including threats of physical punishment;
(v) Any form of emotional abuse including rejecting, terrorizing, corrupting,
isolating or ignoring a child. Children can be removed from a group, but not isolated.
Behaviors of a child may be ignored, but not the child.
(c) Only adult staff with direct child care or supervisory responsibility shall
discipline children.
(d) Children in care shall not act as or be employed as staff or be allowed authority
over other children.
Section 4. Medications.
(a) All child care facilities shall have written policies and procedures governing the
supervision of the administration of medication to children. These policies and procedures shall
be available for inspection.
(b) Medications include any medication or pharmaceutical samples prescribed by a
health care professional and commonly used non-prescription over the counter medications
including, but not limited to, ointments, repellents, lotions, creams or powders.
(c) The use of sunscreen will not be subject to the conditions of this Section. When
used, however, the following requirements apply:
(i) The sunscreen must be stored in the original container and the
manufacturer’s instructions for use must be followed; and
(ii) A consent form, signed by the parent or legal guardian, which allows the
use of sunscreen on his/her child and indicates the brands of sunscreen that can be used must be
on file.
(d) Medications can only be given in child care when:
(i) A medication consent form has been completed and signed by the
parent or legal guardian and includes:
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(A) Specific instructions for the date and time to be administered
and dosage; or
(B) A standing order from a parent or health professional for
commonly used nonprescription medication that defines when a medication should be used; and
(ii) Child care staff who administer medication have received training
approved by the Department of Family Services on administration of medication.
(e) The administration of medications shall be limited to:
(i) Medications prescribed by a licensed health care professional; and
(ii) Non-prescription over-the-counter medications.
(f) Prescription medications and pharmaceutical samples prescribed by a physician
or licensed health professional shall bear the original prescription label or written statement
specifying the:
(i) Child’s name;
(ii) Amount and frequency of dosage; and
(iii) Name of prescribing physician or other health professional.
(g) Over-the counter medications shall be stored in the original container and shall
be accompanied by written instructions from the parent or medical professional specifying the:
(i) Name of the child;
(ii) Name of the medication; and
(iii) Amount and frequency of dosages.
(h) All Medications will be stored:
(i) In a safety lock container or in an enclosed space that is inaccessible to
children; or
(ii) In a refrigerator separated from food in a sealed plastic container on the
top shelf of the refrigerator if refrigeration is required.
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(i) A written record of all medication given to children shall be kept by the child
care facility. This record shall include:
(i) Name of medication;
(ii) Date the medication was administered;
(iii) Amount of medication given;
(iv) Time the child received the medication; and
(v) Signature of person administering medication.
(j) Any deviation from recommended dosage on the label must be accompanied by
a physician’s written instructions.
(k) Medications shall not be used beyond the date of expiration.
Section 5. Transportation.
(a) Vehicles used to transport children shall be maintained in safe condition and
comply with applicable motor vehicle laws.
(b) Operators of vehicles used to transport children shall have the appropriate type
of driver's license and be at least eighteen (18) years of age.
(c) The number of persons in a vehicle used to transport children shall not exceed
the manufacturer's recommended capacity nor the number of seat belts installed when the
vehicle was manufactured.
(d) Each child who is a passenger, and within the age and weight requirements of
subsection (a) of W.S. § 31-5-1303, shall be properly secured in a child safety restraint system.
(e) The child safety restraint system must conform to Federal Motor Vehicle
Safety Standards for child restraint systems.
(f) The child must be properly secured in the restraint, and the restraint must be
properly installed, both as per manufacturer’s instructions.
(g) Any child who is not required by subsection (a) of W.S. § 31-5-1303 to be
secured in a child restraint system shall wear seat belts in accordance with W.S. § 31-5-1402.
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(h) When children are transported, there shall be a first aid kit, emergency medical
release forms on all children being transported and no smoking.
(i) Staff:child ratios shall be maintained during transportation.
(j) Children will never be left without adult supervision in any vehicle.
Section 6. TB Testing.
(a) TB testing is required of all applicants, staff and auxiliary staff having contact
with children in care in accordance with Wyoming Department of Health Recommendation.
Family Child Care Home and Family Child Care Center licensure also requires TB testing of all
adult members of the household when the facility is in the provider/director’s home.
Section 7. Training.
(a) Completion of six (6) hours of approved orientation training to include
information affecting the safety and health of children, fire safety, sanitation procedures, and
DFS licensing rules is required of all applicants within twelve (12) months prior to issuance of a
child care license.
(b) The orientation training and other approved training completed by the
provider/director, staff or auxiliary staff within twelve (12) months prior to the issuance of the
initial license may be applied toward the first biennial training requirements.
(c) All staff shall receive a minimum of two (2) hours approved staff orientation
training before assuming responsibility for unsupervised direct care of children. The
provider/director is responsible for scheduling or delivery of staff orientation. This training may
be used to meet training requirements in Chapter 6, Section 7(g).
(d) Within three (3) months of employment in child care, any person having direct
contact with children shall be certified in first aid and infant/child Cardiopulmonary Resuscitation
(CPR).
(e) First aid and infant/child CPR certification must be kept current at all times for
all staff after three (3) months of employment.
(f) One (1) training hour each shall be given for first aid and infant/child CPR as
part of the Health and Safety requirement of Chapter 6, Section 7 (m) (i).
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(g) Any staff person engaged in child care twenty-four (24) hours or more per
month, having direct contact with children, and counted in staff:child ratios must complete a
minimum of thirty (30) hours of training biennially, with a minimum of fifteen (15) hours to be
completed during the first year of the facility’s training biennium.
(h) A minimum of one (1) training hour must be completed in each of the following
areas as part of the required biennial training requirements:
(i) Blood borne pathogens:
(ii) Fire safety provided by an authorized fire inspector;
(iii) Sanitation provided by an authorized health inspector; and
(iv) Recognition and reporting of suspected child abuse or neglect.
(i) Training hours earned in partial years of service will be prorated.
(j) The training biennium for each facility consists of two (2) twelve (12) month
periods coinciding with the facility licensure dates. Exception: When a facility receives an initial
license, approved training hours completed by staff or auxiliary staff during the twelve (12)
months prior to the date of initial license issuance will be counted in the first training biennium.
(k) The training biennium will be shortened when a change in licensure dates occurs.
(l) No more than fifty percent (50%) of the required training hours shall be
acquired from videos and/or books, except when it is demonstrated that other training options
are not available within fifty (50) miles of the facility.
(m) Providers and directors must ensure that training hours for all staff reflect a
minimum of one-half (1/2) hour of training in each of the following areas during each biennial
training period:
(i) Health, Nutrition and Safety including how to establish and maintain a
safe, healthy environment for children; plan an appropriate nutrition program; establish and
implement emergency procedures; educate children and families about healthy, safe living,
administration of medication;
(ii) The Active Learning Environment including use of space, materials,
activities and relationships as resources for creating an indoor play environment; planning and
implementing experiences which are appropriate for the age and individual needs of children and
advances all areas of children's development;
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(iii) Guidance and Discipline including how to help children develop
independence, self control, cooperative skills, and respect for others through a variety of
positive strategies including encouragement, problem solving, modeling, prevention, and time
alone;
(iv) Child Growth and Development including understanding and promotion
of children's physical, emotional, social, intellectual, creative and language development;
observation and assessment of children's growth; and recognition of developmental delays;
(v) Family Relationships including building cooperative
partnerships/relationships with family; knowledge and respect for the beliefs, traditions and
heritage of each child; valuing the family as the child's most important teacher; knowledge of and
referral to appropriate community resources; and understanding sources of family stress;
(vi) Program Management including management and administration of
programs; organization and maintenance of records for efficient operation; and cooperation with
co-workers;
(vii) Professionalism including adherence to licensing standards and other
regulations; self assessment; confidentiality; ethical practices; recognition and reporting of
suspected child abuse or neglect; and
(viii) Uniqueness and Cultural Diversity including adaptation of environment
and activities to meet special needs of children; including foods, music, clothing, costumes,
utensils and other artifacts of families into daily experiences of children; and promotion of the
appreciation of the uniqueness of each child and family.
(n) Whenever four (4) or more infants are enrolled, at least one (1) staff person
working directly with infants will provide satisfactory evidence of eight (8) hours specialized
training in the care of infants.
(o) All staff caring for infants shall complete a minimum of four (4) hours of
specialized infant/toddler training as part of their biennial training requirements.
(p) Proof of completion of child care training must be kept on file for all child care
staff who are required to receive training as outlined in Section 8 of this chapter.
(i) Acceptable proof of training are awards of approved training hours,
grade reports, or certification in the case of first aid and infant/child CPR.
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(ii) Documentation of all training shall be maintained on-site in the facility's
files, except in the case of multiple location facilities where staff training records may be kept in
a central location.
(q) Training must be approved by the Department of Family Services before credit
will be allowed. Training sponsored by an accredited college or university does not require
Department of Family Services approval if it is related to the care of children. Each college
credit hour will equal fifteen (15) clock hours.
(r) Training hours may be obtained from a community college, university, child care
organization, provider sponsored training, correspondence courses, training given by other
agencies and organizations or using material from the Wyoming Childcare Clearinghouse.
(s) Any staff member who has a professional certificate or license requiring
continuing education hours (CEU’s) in the area of child development or growth, may apply
those hours to meet child care licensing requirements.
(t) The training can only be applied to the child care training requirement during the
two (2) year training period it was received with the exception of hours awarded in Section 7
(b) of this chapter.
Section 8. Records and Reports.
(a) Child care facilities shall maintain complete administrative, staff and children’s
records as required for licensing on-site. All records must be maintained for a minimum of three
(3) years.
(b) The confidentiality of all personnel and children's records shall be maintained.
Personnel and children's records shall be available, upon request, to authorized personnel of the
Department.
(c) If records for multiple location facilities are kept in a central file, duplicate
records for children shall also be kept on file at the facility attended by the child. Only staff
records necessary for an emergency are required on site where the staff member is assigned.
All other staff records may be kept in a central location.
(d) Administrative records shall include:
(i) Attendance record for each child to include dates attended, and
arrival/departure times;
(ii) Current health inspection report;
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(iii) Current fire inspection report;
(iv) Private water testing reports if required; and
(v) Current Department of Family Services licensing inspection.
(e) Staff records shall include:
(i) Name;
(ii) Address;
(iii) Telephone number;
(iv) Work experience;
(v) Three (3) documented references from individuals unrelated to the
applicant and who have personal knowledge of the person’s ability to care for children to
include the name, address and telephone number of references and date contacted;
(vi) TB test results as required in Chapter 6, Section 6;
(vii) Names, addresses and telephone numbers of persons to be notified in
the event of an emergency;
(viii) Date of hire or beginning service;
(ix) Documented proof of all training received by staff to include the number
of hours of training, dates and titles of training;
(x) Dates, hours worked and area of responsibility. This applies to staff,
volunteers, and substitutes that are counted in staff:child ratios;
(xi) Results of criminal background prescreen or full criminal background
check if indicated by the prescreen, Central Registry and any other background checks for all
staff and auxiliary staff must be kept on file by the provider/director;
(xii) Date of birth for all staff and auxiliary staff; and
(xiii) A physician’s statement may be required when there is a question of
ability of a staff member to provide safe and adequate care for children.
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(f) Individual child's records shall include:
(i) The child's full name, birth date, current address and date of enrollment;
(ii) Name, home and employment address and phone number of parent(s)
or the person(s) legally responsible for the child;
(iii) Telephone numbers or instructions as to how the person(s) responsible
for the child may be reached during the hours the child is at the facility;
(iv) Names, addresses and telephone numbers of persons authorized to
take the child from the facility;
(v) Names, addresses and telephone numbers of person(s) who can
assume responsibility for the child in the event of an emergency, if parent(s) or guardian(s)
cannot be reached immediately;
(vi) Name and telephone number of the child's physician and dentist;
(vii) Health information including chronic physical problems and pertinent
social information on the child and his family;
(viii) Immunization records and reports shall be completed and maintained by
the provider as required by W.S. 14-4-116 and the Department of Health, Immunization
Program. In programs that are operated on a drop-in basis, immunization records for children
are not required, but recommended to be on file. If attendance on a drop-in basis exceeds
thirty (30) calendar days, immunization records are required;
(ix) Written authorization from parent(s) or guardian(s) for the child to
participate in field trips or excursions, whether walking or riding;
(x) Written authorization from parent(s) or guardian(s) for the child to be
transported;
(xi) Written authorization from parent(s) or guardian(s) for emergency
medical care;
(xii) Injury and illness record;
(xiii) Reports of injury or illness occurring while a child is in care requiring
hospitalization, or treatment by a physician or the occurrence of the death of a child; and
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(xiv) All records for children actively participating in a program must be
reviewed and updated annually.
(g) All child care facilities shall, within twenty-four (24) hours, report to the child
care licenser for their county, any injury which occurs at the facility and which results in medical
treatment, hospitalization or death. A written report shall be sent to the child care licenser within
three (3) days of the incident. The death of any child in care, regardless of cause, must be
reported.
(h) All staff are required by the Child Protective Services rules to report cases of
suspected child abuse or neglect. A provider, director or their staff shall report immediately to
the Department of Family Services office in their county or local law enforcement any
circumstances indicating that a child in care may have been subjected to abuse or neglect.
Section 9. Exclusion From Care.
(a) Any child who cannot participate in a regular child care program due to
discomfort, injury or other symptoms of illness may be refused for care by the facility staff.
(b) A facility serving well children may not admit a child who has any of the
illnesses/symptoms of illness specified below:
(i) Diarrhea, when it is:
(A) Due to disease spread by fecal contamination as determined by
a physician;
(B) Accompanied by evidence of dehydration or fluid loss,
identified by sunken eyes or poor skin elasticity;
(C) Accompanied by abnormal stools with blood or mucous;
(D) Accompanied by a history of poor fluid intake or unusual
drowsiness; or
(E) Continued beyond four (4) days unless a physician provides
written documentation that it is safe to readmit the child for care.
(ii) Severe pain or discomfort;
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(iii) Two (2) or more episodes of acute vomiting within a period of twentyfour
(24) hours;
(iv) Difficult or rapid breathing;
(v) Yellowish eyes or skin;
(vi) Sore throat with a fever over 102°F or severe coughing;
(vii) Untreated head lice or nits;
(viii) Untreated scabies;
(ix) Children suspected of being in contagious stages of chicken pox,
pertussis, measles, mumps, rubella or diphtheria; or
(x) Skin rashes, excluding diaper rash, lasting more than one (1) day.
(c) Children with the following symptoms should be excluded from child care unless
they are under the care of a physician, and the physician has approved in writing their return to
child care:
(i) Skin rashes, excluding diaper rash, lasting more than one (1) day;
(ii) Swollen joints or visibly enlarged lymph nodes;
(iii) Elevated oral temperature of 102°F or over; or
(iv) Blood in urine.
(d) Other conditions as may be determined by the health consultant or provider on
an individual basis.
(e) The parent shall be notified immediately when a child has symptoms requiring
exclusion from care. The child care facility must provide adequate separation and direct
supervision of a sick child until they can be removed from the facility.
Section 10. Confidentiality.
(a) Department of Family Services records concerning the licensing of facilities are
open to public inspection.
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(b) The provider and the Department shall make all required inspection reports
available for public inspection.
(c) Any person who files a request as outlined below may review complaint
investigations dealing with non-child protection issues completed by the Department of Family
Services.
(d) Anyone wishing to read or obtain information from a record must make a
written request to the Department stating their reasons for needing the information.
(e) Parts of the record that are not available for public inspection are:
(i) Names of children, their relatives, and complainants are confidential and
shall be deleted from the record upon such inspection. All facts learned about children and their
relatives shall be treated as confidential both by the facility and the Department;
(ii) References received by the Department for licensing purposes are
confidential and unavailable for inspection; and
(iii) All reports relating to child abuse or neglect investigations or complaints
are confidential and unavailable for public inspection.
Section 11. Overnight Care of Children.
(a) Whenever any facility cares for children past 7:00 p.m., the following rules will
apply in addition to all other rules and regulations specific to the type of facility.
(b) Children must receive a full meal by 8:00 p.m. Children who are in attendance
overnight must also receive breakfast unless released to the parent before 8:00 a.m.
(c) Children sleeping at the facility shall have separate cots or beds on which to
sleep.
(d) Sleep areas must be arranged in accordance with health and sanitation rules and
regulations as outlined in Chapter 10, Section 4 (xxv) of these rules.
(e) Children of the opposite sex over six (6) years of age shall have separate
sleeping areas.
(f) Inflatable beds shall not be used for children under the age of twenty-four (24)
months and when used for children twenty-four (24) months and older, the inflatable beds must
be properly inflated and in good repair.
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(g) In Family Child Care Homes (FCCH) and Family Child Care Centers (FCCC)
a sleeping child(ren) must sleep on the same level as the staff person and the staff person must
be able to hear the child(ren).
(h) In Child Care Centers (CCC), adult staff must be awake and on duty at all
times when children are sleeping. Group size may be relaxed and staff:child ratio reduced to
one (1) staff member in each sleeping area as long as all children are sleeping and that staff
person has a clear view of all children. Other facility staff may be excused for other activities,
however, overall staff:child ratios within the facility must be maintained at all times. When any
child awakens, relaxed staff:child ratios can no longer be used.
(i) In all licensed facilities there must be a staff person awake and on duty to
release or receive a child.
(j) All additional fire or health regulations identified by an authorized inspector must
be in compliance.
Section 12. Hazardous Conditions.
A facility shall be maintained free of conditions hazardous to the physical well-being of
children.
(a) Decks, porches, steps, stairs and walkways shall be maintained in good repair
and safe condition. Stairs, decks and elevated porches shall have sturdy railings, child safety
gate or guard rails to prevent falls, entrapment or other accidents. (See Chapters 11 and 12.)
(b) Play areas, equipment, and toys shall be maintained in a safe condition.
(c) Children shall not have access to cords or ropes, such as, but not limited to,
venetian blind cords or electrical cords.
(d) Potentially dangerous or unsafe items shall be made inaccessible to children as
required in Chapter 10, Section 4 (xxvi), Chapter 11, Section 8 and Chapter 12, Section 12.
(e) Cupboards and drawers that contain unsafe items shall have child proof locks
(i.e., cleansers, sprays, razors, knives, scissors, plastic sacks, alcohol).
(f) All rooms used by children shall be adequately heated, cooled, lighted, and
ventilated.
(g) Unused electrical outlets shall be covered with safety caps.
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(h) Any appliance too hot to touch shall be made inaccessible to children unless its
use is for an activity directly supervised by an adult.
(i) All heating appliances, if too hot to touch, shall be screened or not used when
the child care is in operation. If they are not used, a note will be made on the inspection form to
indicate the provider's acceptance of this requirement.
(j) Electric fans shall be out of the reach of children or shall be fitted with an
appropriate mesh to prevent access by children.
(k) Chemicals shall not be used around children or in a manner that will contaminate
play surfaces, food, or food preparation areas.
(l) Whenever swimming or wading pools are present or in use, the following shall
apply:
(i) Facility policy must include written safety procedures outlining
conditions for use of a swimming or wading pool and be given to parents and staff;
(ii) Written parental consent is required for use of a swimming or wading
pool;
(iii) An adult must be present at all times when a swimming or wading pool
is available. Children shall not be left unattended in a swimming or wading pool;
(iv) Swimming pools must not be accessible to children. They shall be
fenced or enclosed to restrict unsupervised access;
(v) At least one (1) adult present when a swimming pool is in use must be
certified as a lifeguard;
(vi) Children are to be instructed on the safe use of a swimming pool.
(vii) When using a public or private swimming pool, staff:child ratios for
infants and toddlers shall be 1:1 and 1:4 for all other children in care while swimming. Certified
lifeguards may be used to meet these staff:child ratios when the lifeguard is age sixteen (16) or
older and assigned only to that group of children; and
(viii) When using a wading pool, staff:child ratios in Chapter 6, Section 1
must be maintained.
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(m) Children shall not be allowed to use hot tubs, spas or full sized trampolines.
Small exercise trampolines may be used by children three (3) years or older with adult
supervision and written parental permission.
(n) Full sized trampolines must not be accessible to children. They shall be fenced
or otherwise made totally inaccessible to child care children.
Section 13. General Compliance.
All child care facilities must comply with the following:
(a) Children shall be present only in areas of the facility approved and inspected for
child care and designed for their use.
(b) The use of tobacco, illegal drugs and/or the consumption of alcohol shall be
prohibited in all areas used by children at anytime during hours of operation and in all vehicles
while transporting children;
(c) An operable telephone or cell phone must be available in the facility at all times
and the following conditions apply:
(i) Unlisted telephone or cell phone numbers are not allowed; and
(ii) Emergency phone numbers to include fire, hospital, physician, poison
control, law enforcement, an adult emergency substitute, as well as the address and phone
number of the facility must be posted by the telephone or in a location that is readily accessible
at all times.
(d) Fire safety training shall be made a part of the program. This shall include
personal safety, a fire safety evacuation plan, and monthly fire drills as outlined in Chapter 11,
Section 12 and 13 and Chapter 12, Section 16 and 17;
(i) Children's attendance records shall be taken outside with children
during drills to be used as a roster.
(ii) Drills shall include practice from all exit locations, at varied times of the
day, and during varied activities.
(iii) Fire safety and emergency evacuation plans must be posted.
(e) No infant or toddler shall be confined to a crib, playpen, car seat or carrier for
excessive periods of time;
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(f) Non-walking children shall have an opportunity during each day for freedom of
movement such as crawling in a safe, clean, open, uncluttered area;
(g) Each child shall have periodic individual attention appropriate to the age of the
child, such as being held, rocked, talked to or hugged;
(h) All cries of children shall be investigated promptly and responded to
appropriately;
(i) Inflatable beds shall not be used for children under the age of twenty four (24)
months and when used for children twenty-four (24) months and older, the inflatable beds must
be properly inflated and in good repair.
(j) Wet or soiled clothing shall be changed promptly. A sufficient supply of clean
clothing for emergency use shall be provided;
(k) Children shall have their own separate bedding for nap/rest time. Cots or pads
shall be spaced at least two (2) feet apart on all sides. The bedding shall be washed once a
week or more often as needed;
(l) Floors, walls, and window coverings shall be kept clean;
(m) Staff shall wash their hands after every nose wipe, use of the toilet, before food
handling, and before and after diaper changing. Kitchen sink cannot be used for hand washing
after diaper changing;
(n) Toys, table tops, phones, doorknobs, door casings, handles and railings must
be cleaned and sanitized once a week or whenever visibly soiled;
(o) Dirty laundry shall not be accessible to children;
(p) A sturdy stool shall be available to children as needed to make hand washing
sinks accessible;
(q) Soap and single service hand towels shall be available at all hand washing sinks;
and
(r) A first aid kit meeting the following criteria will be available.
(i) All child care facilities shall have at least a basic first-aid kit or its
equivalent on hand at all times. The first aid kit shall be taken on field trips and outings.
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(ii) This kit shall be a closed container for stocking first aid supplies,
accessible to staff members but out of reach of children. The first aid kit shall contain at least
the following:
(A) Sealed packages of alcohol wipes or antiseptic;
(B) Scissors;
(C) Tweezers;
(D) Thermometer with probe covers;
(E) Bandage tape;
(F) Sterile gauze pads;
(G) Flexible roller gauze;
(H) Triangular bandages;
(I) Safety pins;
(J) Eye wash;
(K) Pen/pencil and note pad;
(L) Poison Control phone number;
(M) Cold pack;
(N) Current American Academy of Pediatrics, American Red Cross
Standard First Aid Text, or equivalent first aid guide; and
(O) Coins for use in a pay phone if a cellular phone is not available
for use outside the facility.
Section 14. Outdoor Play Space
(a) There shall be a minimum of seventy-five (75) square feet of outdoor play space
for each child when ages of children are combined.
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(b) When children are separated into age groups, and only one (1) age group is
using the playground at any given time, the following minimum outdoor play space requirements
apply:
(i) Thirty-five (35) square feet for each child birth to eighteen (18) months
of age;
(ii) Fifty (50) square feet for each child eighteen (18) months to twenty-four
(24) months of age; and
(iii) Seventy-five (75) square feet for each child over the age of twenty-four
(24) months of age.
(c) If the required outdoor space is not available, the same amount of indoor space
required in (a) and (b) above may be used if it provides for types of activities equivalent to those
performed in an outdoor space.
(d) The outdoor play area shall be enclosed with a fence. The fence shall be at
least four (4) feet in height and the bottom edge shall be no more than three and one-half (3 ½)
inches off the ground.
(e) Some shaded areas shall be provided in the outdoor play area.
(f) Sandboxes shall be constructed to permit drainage and shall be covered tightly
and secured when not in use.
(g) Equipment shall be sturdy, stable, and free of hazards that are accessible to
children during normal supervised play including sharp edges, lead based paint, loose nails,
splinters, protrusions, pinch and crush points.
(h) All pieces of equipment shall be installed as directed by the manufacturer’s
instructions and specifications.
(i) All broken equipment shall be repaired or removed from the premises
immediately or made inaccessible to the children.
(j) Ropes, jump ropes, clotheslines and/or pet leashes cannot be attached to play
equipment.
(k) Spaces that could entrap children, such as openings in guardrails or between
ladder rungs must measure less than three and one-half (3 ½) inches or more than nine (9)
inches.
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(l) Platforms and ramps must have guardrails to prevent falls.
(m) All stationary outdoor equipment with a critical height of more than twenty-four
(24) inches shall be installed over a resilient surface.
(n) Acceptable materials to be used for resilient surfacing include wood mulch,
double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel.
Other materials that have been certified by the manufacturer to be shock-absorbing resilient
material in accordance with the American Society for Testing Materials (ASTM) Standard can
be used when these materials are installed, maintained and replaced according to the
manufacturer’s instructions.
(o) Resilient surfacing must meet the following requirements for the depth of the
resilient surface:
(i) Equipment with a critical height of more than twenty-four (24) inches
but less than seven (7) feet shall have six (6) inches of uncompressed resilient surface, except
for sand. (See (iii) below);
(ii) Equipment with a critical height of seven (7) feet to ten (10) feet shall
have nine (9) inches of uncompressed resilient surface; and
(iii) When sand is used as a surfacing material for equipment with a critical
height of more than five (5) feet, twelve (12) inches is required.
(p) The facility must maintain a use zone for stationary equipment which is free of all
other equipment and obstacles which extends a minimum of six (6) feet in all directions from the
perimeter. For specific use zone requirements for slides and swings see (r) and (s) below.
(q) When stationary pieces of equipment are located adjacent to each other, the
use zone may overlap and share the same six (6) foot use zone when both pieces of equipment
are less than three (3) feet high. When adjacent stationary pieces of equipment are higher than
three (3) feet, the overlapping use zone must be nine (9) feet.
(r) The back and side use zone for a slide must be six (6) feet. The use zone for
the front of the slide will be determined by adding four (4) feet to the height of the slide but does
not have to exceed fourteen (14) feet.
(s) For swings, a use zone is required both in front and in back of the swing and the
use zone must extend a minimum distance of twice the height of the swing as measured from the
ground to the swing hangers on the support structure.
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(t) All equipment must be designed to guard against entrapment or situations that
may cause strangulation.
(u) If a child care facility does not provide care for more than a four (4) hour period
per day, outdoor play space is not required. However, if the facility does have outdoor play
space and it is used for play, that space must meet licensing requirements.
(v) Providers/directors shall assure that children have protection appropriate for
weather conditions.
(w) Child care facilities which were licensed prior to the effective date of these rules
will be subject to the outdoor play space requirements outlined in the July 1, 2001
Administrative Rules for Certification of Child Care Facilities unless the facility moves to a
different location, adds new outdoor play equipment or replaces existing equipment (excluding
regular replacement of parts and repair). All applicants requesting a license after the effective
date of these rules will be subject to these requirements.
Section 15. Food Service.
(a) Food served shall be planned for the needs of the children and shall be
appropriate for their ages. Menus shall be kept on file for public review.
(b) If a child is in attendance for five (5) or more hours, a meal shall be provided,
unless a child arrives after lunchtime and an evening meal is not provided by the facility. In this
case, a healthy snack shall be provided. Each meal shall be planned to be balanced and to
provide at least one-third (1/3) of the child's daily nutritional needs.
(c) Nutritious snacks shall be provided at suitable intervals.
(d) Pasteurized, inspected and approved milk produced under sanitary conditions
shall be served at all meals, unless written documentation is on file of a child having a specific
reason prohibiting milk.
(e) Parents may provide meals for their own child. These meals must be stored and
served in accordance with approved health and sanitation procedures.
(f) Children shall be served appropriate sized portions and permitted to have one
(1) or more additional servings to meet the needs of the individual child.
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(g) Children's food shall be served on plates, other disinfected containers, or clean
single use items such as napkins. Food shall not be placed on bare surfaces such as tables,
floors, etc.
(h) A child shall be encouraged, not forced, to eat.
(i) Food shall not be used as a bribe or punishment.
(j) When parents supply a child’s food or bottle, it shall be clearly marked with the
child’s name, stored, and served in accordance with approved health and sanitation procedures.
(k) Staff may prepare bottles and mix formula using water from an approved source
as outlined in Chapter 10, Section 2. Formula must be stored in its original container and the
manufacturer’s mixing instructions must be followed and any deviation from these instructions
must be accompanied by written instructions from a medical professional.
(l) Bottle propping shall not be permitted. Infants shall receive individual direct
care during feeding. Bottles shall not be left with a sleeping child.
(m) An individualized diet and feeding schedule for infants shall be provided
according to a written plan submitted by the parents or by the child's physician with the
knowledge and consent of the parent. Any changes in an infant’s diet and feeding schedule shall
be posted in an area clearly visible to the staff.
(n) Infants shall be fed on demand unless the parent provides written instructions
otherwise.
Section 16. Infant Care.
(a) Safe conditions
(i) There shall be a minimum of fifty (50) square feet per infant or toddler if
play and sleep space is combined. When not combined, thirty-five (35) square feet of available
play area must be provided per child.
(ii) Cribs, bassinets or play pens used for sleeping, must be separated by a
space of not less than three (3) feet.
(iii) Stacking cribs shall not be used.
(iv) Infants shall be placed on their backs for sleeping, unless a licensed
health provider signs a waiver. Once placed on the back to sleep, an older infant may be
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allowed to assume any position that seems comfortable. If the baby can repeatedly turn from
back to side or tummy, then it is allowable for him/her to sleep in that position.
(v) Nothing will be placed over the head or face of the infant when laid
down to sleep.
(vi) If infant care is included in the same building as a facility caring for
children of other ages, infants shall be provided with a designated and safe play area.
(vii) Toys must be suitable for the age and development of the infant.
(viii) A sufficient supply of clean, dry diapers shall be available, and diapers
shall be changed as frequently as needed. Diaper changing and feeding shall be documented for
each infant.
(ix) Clothing worn by staff members shall be clean and made of nonirritating
material.
(b) The following staff requirements also apply whenever four (4) or more infants
are enrolled:
(i) An infant director who holds an Infant/Toddler Director Credential
recognized by the Department shall be responsible for the infant program;
(ii) The infant director must be available for at least fifty percent (50%) of a
forty (40) hour work week in the facility in which they are listed as the infant director with the
exception of times the infant director is absent due to training, vacation, illness or other types of
prolonged absences;
(iii) If a facility takes only infants, the provider/director shall meet
provider/director qualifications as specified for the facility’s license classification; and
(iv) A minimum of two (2) adults must be present at all times when four or
more infants are present.
(c) All staff who care for infants will be subject to the training requirements in

CHAPTER 7
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
RULES RELATING SPECIFICALLY TO FAMILY CHILD CARE HOMES
Section 1. Rules relating specifically to Family Child Care Homes.
A licensed child care facility in which care is provided for no more than ten (10) children in the
primary residence of the provider.
(a) Capacity
(i) The licenser shall determine total capacity for the facility. This capacity
shall never be exceeded.
(ii) The licensed capacity includes the provider's own infant, toddler and
preschool age children. The provider’s own school age children are not included in the
capacity. All other children under the age of thirteen (13) (i.e. foster children, school age
children or children related to staff or auxiliary staff) must be included in the capacity.
(b) Provider Requirements
(i) All providers shall have attained the age of majority and be physically
and mentally able to care for children.
(ii) Providers shall have a high school diploma or a GED certificate; or
(iii) Providers shall be able to document a minimum of three (3) months of
supervised work experience or education in the care of children other than their own, or shall
have completed six (6) clock hours of child care training in addition to orientation prior to
licensing, or have received a professional credential from an organization recognized by the
Department of Family Services.
(iv) It is the responsibility of the provider to ensure that all records and
reports required in Chapter 6 of these standards are maintained on site.
(v) The Family Child Care Home provider must be present at the facility a
minimum of seventy-five percent (75%) of the operating week based on a forty (40) hour work
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week. Exception may be made for training, vacation, illness or other types of prolonged
absence.
(c) Staff Requirements
(i) When a provider is not present at the facility, a staff person with
sufficient knowledge and training in the operation of the facility, as well as decision-making
authority, must be left in charge.
(ii) Before staff or auxiliary staff assume responsibility for direct care of
children, providers shall have in the files at the facility, documentation of:
(A) Current TB test results;
(B) Three (3) positive references;
(C) Date of hire or beginning service; and
(D) Background check results.
(iii) All persons who provide care to children more than twenty-four (24)
hours in one (1) month shall meet the same training requirements as the provider. See Chapter
6, Section 7.
(iv) The provider will be held responsible for the actions of any staff or
auxiliary staff who has contact with the children while the facility is operating.
(d) Uncrowded conditions
(i) The indoor area designated for the children’s use while in care must
include a minimum of thirty-five (35) square feet of usable play space per child, and this space
must be available to the children on a continual basis.
(A) Not counted in the play space are hallways, stairways, closets,
furnace rooms, storage space, food preparation areas, bathrooms and other areas not available
to the child care children; however, the licenser may inspect these rooms. The dining area of a
kitchen may be counted when it is made available to the children for activities other than dining.
(e) Staff:child ratios as described in Chapter 6, Section 1 must be maintained at all
times.
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(f) Firearms and ammunition shall be stored separately from each other, locked
and made inaccessible to children. Archery equipment and any other type of weapon shall be
handled in the same manner as firearms.
(g) No explosives of any type are allowed on the premises of the facility.
(h) Other safety issues not included in this subsection must be complied with when
identified by an authorized inspector.

CHAPTER 8
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
RULES RELATING SPECIFICALLY TO FAMILY CHILD CARE CENTERS
Section 1. Rules relating specifically to Family Child Care Centers.
A child care facility in which care is provided for a maximum of fifteen (15) unrelated
children for part of a day, which may be in a residential or commercial type structure.
(a) Capacity
(i) The licenser shall determine total capacity for the facility. This capacity
shall never be exceeded.
(ii) The licensed capacity for a Family Child Care Center located in the
director’s primary residence, includes the director’s own infant, toddler and preschool children.
The director’s own school age children are not included in the capacity. All other children,
under the age of thirteen (13), whether foster children, school age or related to staff shall be
included in the capacity.
(iii) The licensed capacity for a Family Child Care Center, located outside
of the director’s primary residence, includes all children under the age of thirteen (13) that are
present, whether foster children, school age or related to staff.
(b) Director Requirements
(i) Director qualifications:
(A) The director shall:
(I) Be at least twenty-one (21) years old;
(II) Have a high school diploma or a GED certificate;
(III) Have a minimum of one (1) year full time equivalent
experience in licensed or legally exempt child care; and
(IV) Have a minimum of one (1) year full time equivalent
experience working with young children in a group under qualified supervision; and
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(V) Have completed at least ten (10) college credit hours in
the area of early childhood education, child development, nursing, or other child-related field; or
(VI) Have completed one hundred (100) approved clock
hours with a minimum of four (4) clock hours in each of the areas of early care and education
described in Chapter 6, Section 7.
(B) Combinations of experience and training may be submitted to
the Department for individual consideration to meet director qualifications.
(C) Exception to the education requirement: Submission of proof of
completion of a professional credential recognized by the Department of Family Services will be
considered as completion of the education requirement; and
(D) Directors shall meet all training requirements as outlined in
Chapter 6, Section 7.
(ii) The director must be available for at least fifty percent (50%) of the
operating week based on a forty (40) hour work week in the facility in which they are listed as
the director. Exception may be made for training, vacation, illness or other types of prolonged
absence.
(iii) Whenever the director must be absent from the facility, an assistant
director must be on duty. The director will remain responsible for the operation of the center
and the actions of all staff and auxiliary staff.
(iv) An assistant director does not need to meet the requirements of the
director but shall have the following:
(A) A high school diploma or GED certificate;
(B) One (1) year of experience in licensed child care or fifteen (15)
hours of approved training, including orientation;
(C) Sufficient knowledge and training in the operation of the facility
as well as decision making authority to assume the duties of director during his/her absence; and
(D) Be at least twenty-one (21) years old.
(v) In the event of staff turnover in the position of director, the facility shall
employ a person who meets the qualifications of director within sixty (60) days. Hiring
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practices shall include screening of applicants to assure meeting director qualifications as
outlined in these rules.
(vi) It is the responsibility of the director to ensure that all records and
reports required in Chapter 6 of these standards are maintained on site.
(c) Staff Requirements
(i) Before staff or auxiliary staff assume responsibility for direct care of
children, the director shall have in the files at the facility, documentation of:
(A) Current TB test results;
(B) Three positive references;
(C) Date of hire or beginning service; and
(D) Background check results.
(ii) All persons who provide care to children more than twenty-four (24)
hours in one month shall meet the same training requirements as the other staff. See chapter 6,
Section 7.
(iii) The director will be held responsible for the actions of any staff or
auxiliary staff who has contact with the children while the facility is operating.
(d) Uncrowded conditions
(i) The indoor area designated for the children’s use while in care must
include a minimum of thirty-five (35) square feet of usable play space per child, and this space
must be available to the children on a continual basis.
(A) Not counted in the play space are hallways, furnace rooms,
closets, kitchen space, laundry facilities, lockers, office space, staff rooms, isolation areas, bath
rooms, stairways or areas occupied by permanent built-in storage cabinets.
(e) Staff:child ratios as described in Chapter 6, Section 1 must be maintained at all
times.
(f) When a Family Child Care Center (FCCC) is planning new construction or
remodeling, there shall be a formal plan review by the authorized fire inspector before any
construction is started. The Department of Family Services must also be notified.
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(g) When the Family Child Care Center (FCCC) is within the provider’s own
home, firearms and ammunition shall be stored separately from each other, locked and made
inaccessible to children. Archery equipment and any other type of weapon shall be handled in
the same manner as firearms.
(h) When the Family Child Care Center (FCCC) is not within the provider’s own
home, no weapons of any kind shall be stored in the facility or on the premises.
(i) No explosives of any type are allowed on the premises of the facility.
(j) Other safety issues not included in this subsection must be complied with when
identified by an authorized inspector.

CHAPTER 9
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
RULES RELATING SPECIFICALLY TO CHILD CARE CENTERS
Section 1. Rules relating specifically to Child Care Centers.
A facility in which care is provided for part of a day for sixteen (16) or more children.
(a) Capacity
(i) The licenser shall determine total capacity for the facility. This capacity
shall never be exceeded.
(ii) The licensed capacity includes all children present whether school age
or related to staff.
(b) Director Requirements
(i) Director qualifications:
(A) The director shall:
(I) Be at least twenty-one (21) years old;
(II) Have a high school diploma or GED certificate;
(III) Have a minimum of one (1) year full time equivalent
experience in licensed or legally exempt child care; and
(IV) Have a minimum of one (1) year full time equivalent
experience working with young children in a group under qualified supervision; and
(V) Have completed at least ten (10) college credit hours in
the area of early childhood education, child development, nursing, or other child-related field; or
(VI) Have completed one hundred (100) approved clock
hours with a minimum of four (4) clock hours in each of the areas of early care and education
described in Chapter 6, Section 7.
(B) Combinations of experience and training may be submitted to
the Department for individual consideration to meet director qualifications.
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(C) Exception to the education requirement: Submission of proof of
completion of a professional credential recognized by the Department of Family Services will be
considered as completion of the education requirement; and
(D) Directors shall meet all training requirements as outlined in
Chapter 6, Section 7.
(ii) The director must be available for at least fifty percent (50%) of the
operating week, based on a forty (40) hour work week, in the facility in which they are listed as
the director. Exception may be made for training, vacation, illness or other types of prolonged
absence.
(iii) Whenever the director of a center must be absent from the facility, an
assistant director must be on duty. The director will remain responsible for the operation of the
center and the actions of all staff, volunteers and substitutes.
(iv) An assistant director does not need to meet the requirements of the
director but shall have the following:
(A) A high school diploma or GED certificate;
(B) One year of experience in licensed child care or fifteen (15)
hours of approved training, including orientation;
(C) Sufficient knowledge and training in the operation of the facility
as well as decision making authority to assume the duties of director during his/her absence; and
(D) Be at least twenty-one (21) years old.
(v) In the event of staff turnover in the position of director, the center shall
employ a person who meets the qualifications of director within sixty (60) days. Hiring
practices shall include screening of applicants to assure meeting director qualifications as
outlined in these rules.
(vi) It is the responsibility of the center director to ensure that all records
and reports required in Chapter 6 of these standards are maintained on site.
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(c) Staff Requirements
(i) Before volunteers, substitutes, family members, or staff assume
responsibility for direct care of children, the director shall have in the files at the facility,
documentation of:
(A) Current TB test results;
(B) Three positive references;
(C) Date of hire or beginning service; and
(D) Background check results.
(ii) All persons who provide care to children more than twenty-four (24)
hours in one month shall meet the same training requirements as the other staff. See chapter 6,
Section 7.
(iii) The director will be held responsible for the actions of any staff,
auxiliary staff, volunteer, substitute or family member who has contact with the children while the
facility is operating.
(d) Uncrowded conditions
(i) The indoor area designated for the children’s use while in care must
include a minimum of thirty-five (35) square feet of usable play space per child, and this space
must be available to the children on a continual basis.
(A) Not counted in the play space are hallways, furnace rooms,
closets, kitchen space, laundry facilities, lockers, office space, staff rooms, isolation areas, bath
rooms, stairways or areas occupied by permanent built-in storage cabinets.
(e) Staff:child ratios as described in Chapter 6, Section 1 must be maintained at all
times.
(f) When a Child Care Center (CCC) is planning new construction or remodeling,
there shall be a formal plan review by the authorized fire and health inspectors before any
construction is started. The Department of Family Services must also be notified.
(g) No weapons of any kind shall be stored in the facility or on the premises.
(h) No explosives of any type are allowed on the premises of the facility.
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(i) Other safety issues not included in this subsection must be complied with when
identified by an authorized inspector.

CHAPTER 10
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
HEALTH AND SANITATION
Section 1. Authority and Purpose.
These rules are authorized by W.S. 14-4-104(b)(iii) and (iv), and W.S. 9-2-106. The
purpose of certification is to regulate the health and sanitation policies and practices of child care
facilities so as to protect the health, safety, and welfare of children.
Section 2. Definitions .
The following definitions shall apply in the interpretation of health and sanitation
standards for child care facilities.
(a) "Approved chemical sanitizing agent" those sanitizing solutions that have as
active ingredients chlorine, iodine, quaternary ammonia, or other sanitizing solutions approved
by the authorized health inspector.
(b) “Approved source” means the source(s) of the water whether it be from a
spring, artesian well, drilled well, municipal water supply, or any other source that has been
inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality in
accordance with the applicable laws and regulations of the State of Wyoming.
(c) "Bottled water" means water that is from an approved source and is placed in a
sealed container or package and is offered for sale for human consumption or other consumer
uses.
(d) "Communicable" capable of being transmitted from one person to another.
(e) "Compliance letter" a letter sent to the authorized health inspector outlining what
has or will be done by the provider to comply with the health/sanitation standards.
(f) "Cross-contamination" the transmission of infectious or toxic agents from one
object to another.
(g) "Drinking water" means water that meets 40 CFR 141 National Primary
Drinking Water Regulations; is traditionally known as “potable water”; included the term
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“water” except where the term used connotes that the water is not potable, such as “boiler
water,” “mop water,” “rainwater,” “wastewater,” and “non-drinking” water.
(h) "Easily cleanable" means a characteristic of a surface that:
(i) Allows effective removal of soil by normal methods;
(ii) Is dependent on the material, design, construction, and installation of the
surface; and
(iii) Varies with the likelihood of the surface’s role in introducing pathogenic
or toxigenic agents or other contaminants into food based on the surface’s approved placement,
purpose, and use.
(iv) Includes a tiered application of the criteria that qualify the surface as
easily cleanable as specified under Subparagraph (A) of this definition, to different situations in
which varying degrees of cleanability are required such as:
(A) The appropriateness of stainless steel for a food preparation
surface as opposed to the lack of need for stainless steel to be used for floors or for tables used
for consumer dining; or
(B) The need for a different degree of cleanability for a utilitarian
attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in
the consumer dining area.
(i) "Food" means articles used for food or drink for humans including meat and ice
intended for human consumption; chewing gum; beverages subject to the Federal Alcohol
Administration Act, as amended, (Title 27 U.S.C.201 et seq.); articles used for components of
any article under Subparagraphs (A), (B), and (C) of this paragraph.
(j) "Food area(s)" that area of the facility used for storage, preparation, or serving
of food. Included is that area where the food service utensils and equipment are washed and/or
stored.
(k) "Food-contact surface" means a surface of equipment or a utensil with which
food normally comes into contact; or from which food may drain, drip, or splash into a food or
onto a surface normally in contact with food.
(l) "Equipment" means an article that is used in the operation of an establishment
such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator,
scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine,
or warewashing machine. It does not include items used for handling or storing large quantities
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of packaged foods that are received from a supplier in a cased or over wrapped lot, such hand
trucks, forklifts, dollies, pallets, racks, and skids.
(m) "Garbage" waste resulting from the growing, handling, preparation, cooking, and
consumption of food; also includes sanitary napkins, soiled diapers, and other insect or rodentattracting
refuse.
(n) "Insect and rodent proof" capable of keeping insects and rodents from entering
buildings, garbage containers, diaper pail(s), or containers (e.g., tight fitting screens, doors, lids,
etc.)
(o) "Multi-use" means designed or intended to be used more than once and
intended to be cleanable.
(p) "Nonabsorbent" a relatively hard surface that will not absorb liquids, food items,
etc.
(q) "Pathogen(ic)" any disease-producing microorganism or material.
(r) "Potentially hazardous foods" means a food that is natural or synthetic and that
requires temperature control because it is in a form capable of supporting:
(i) The rapid and progressive growth of infectious or toxigenic
microorganisms;
(ii) The growth and toxin production of Clostridium botulinum; or
(iii) In raw shell eggs, the growth of Salmonella enteritidis.
(iv) Potentially hazardous food includes an animal food (a food of animal
origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw
seed sprouts; cut melons; and garlic–in-oil mixtures that are not modified in a way that results in
mixtures that do not support growth as specified under Paragraph (q)(i), (ii) and (iii) of this
definition.
(v) Potentially hazardous food does not include:
(A) An air-cooled hard-boiled egg with shell intact;
(B) A food with an aw value of 0.85 or less;
(C) A food with a pH level of 4.6 or below when measured at 240C
(750F);
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(D) A food, in an unopened hermetically sealed container, that is
commercially processed to achieve and maintain commercial sterility under conditions of
nonrefrigerated storage and distribution;
(E) A food for which laboratory evidence demonstrates that the
rapid and progressive growth of infectious or toxigenic microorganisms of the growth of
S.enteritidis in eggs or C.botulinum cannot occur, such as a food that has an aw and a pH that
are above the levels specified under Subparagraph (V) (B) and (C) of this definition and that
may contain a preservative, other barrier to the growth of microorganisms, or a combination of
barriers that inhibit the growth of microorganisms; and
(F) A food that does not support the growth of microorganisms as
specified under Paragraph (q)(i), (ii) and (iii) of this definition even though the food may contain
an infectious or toxigenic microorganism of chemical or physical contaminant at a level sufficient
to cause illness.
(s) "Private water supply" a water supply meant for human consumption, but that is
used by the occupants of only one facility and the children being cared for at that facility (well,
cistern, etc.).
(t) "Regulating authority" the Department of Family Services (DFS) or its
designated representative.
(u) "Safe materials" articles manufactured from or composed of materials that may
not reasonably be expected to result, directly or indirectly, in their becoming a component or
otherwise affecting the characteristics of the food. An article that is used as specified in section
409 or 706 of the Federal Food, Drug, and Cosmetic Act, as amended or articles that are used
in conformity with applicable regulations.
(v) "Sanitization" means the application of cumulative heat or chemicals on cleaned
food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five
(5) logs, which is equal to a ninety nine and nine hundred ninety nine thousandths percent
(99.999%) reduction, of representative disease microorganisms of public health importance.
(w) "Single service article" means tableware, carryout utensils, and other items such
as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and
constructed for one time, one person use after which they are intended for discard.
(x) "Shielding" a protective covering placed over lights or heating fixtures that will
effectively prevent glass fragments from contaminating foods or food contact surfaces.
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(y) "Utensils" means a food-contact implement or container used in the storage,
preparation, transportation, dispensing, sale, or service of food, such as kitchenware or
tableware that is multi-use, single-service, or single-use; gloves used in contact with food; food
temperature measuring devices; and probe-type price or identification tags used in contact with
food.
Section 3. Review of Plans and Specifications .
(a) Whenever a Child Care Center (CCC) is constructed or remodeled or an
existing structure is converted to use as a child-caring facility, a copy of the plans and
specifications for such construction, remodeling, or conversion shall be submitted to the
authorized health inspector for review and approval at least sixty (60) days prior to the date for
bid letting, the date for occupancy or the start of construction. The authorized health inspector
shall review the plans and specifications and a letter of approval or disapproval shall be sent
within thirty (30) days from the date of receiving the plans. If the plans and specifications are
disapproved, each deficiency or item not found on the plans and specifications shall be so
indicated on the plan review. The applicant shall then submit a letter indicating that they have
changed their plans in accordance with those items listed in the review. Upon receipt of the
compliance letter, the authorized health inspector shall issue a letter of approval. This submittal
of plans and specifications does not fulfill any requirements of state or local fire officials.
(b) The plans and specifications for an establishment or processing plant, including
an establishment or processing plant specified under Chapter 10, Section 1 of the Wyoming
Food Safety Rule, shall include, as required by the regulatory authority bases on the type of
operation, type of food preparation, and foods prepared, the following information to
demonstrate conformance with Rule provisions:
(i) Intended menu;
(ii) Anticipated volume of food to be stored, prepared, and sold or served;
(iii) Proposed layout, mechanical schematics, construction materials, and
finish schedules;
(iv) Proposed equipment types, manufacturers, model numbers, locations,
dimensions, performance capacities, and installation specifications;
(v) Evidence that standard procedures that ensure compliance with the
requirements of this Rule are developed or are being developed; and
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(vi) Other information that may be required by the regulatory authority for
the proper review of the proposed construction, conversion or modification, and procedures for
operating an establishment or processing plant.
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Section 4. Sanitation Requirements for Child Care Facilities.
(a) All Child Care Centers (CCC) shall be required to comply with the Wyoming
Food Safety Rule, State of Wyoming, latest edition. The Wyoming Food Safety Rule may
exceed standards mentioned in this chapter, but are only applicable to Child Care Centers
(CCC).
(b) All Family Child Care Homes (FCCH) and Family Child Care Centers
(FCCC) shall comply with the following standards. The principles and requirements of the
Wyoming Food Safety Rule may be required, over and above these rules, in cases where
potentially hazardous foods are prepared.
(i) Floors and floor coverings shall be maintained in good repair and shall
not be visibly soiled.
(ii) The walls, wall coverings, and ceilings shall be maintained in good repair
and shall not be visibly soiled.
(iii) Light fixtures, vent covers, wall-mounted fans, and similar equipment
attached to walls and ceilings shall be kept clean and maintained in good repair.
(iv) Walls and ceiling surfaces
(A) If present, lead-based paint shall not present a poisoning
hazard. Building components including walls, doors and windows that have been painted with
lead-based paint shall have the paint safely removed, covered over or shall be maintained to
ensure dust lead levels do not exceed one hundred (100) micrograms/sq. ft. on the floors
(including carpeted floors), five hundred (500) micrograms/sq. ft. on the interior window sills
and eight hundred (800) micrograms/sq. ft. in the window troughs.
(B) Lead-poisoning hazards shall be minimized during lead-based
paint removal and remodeling of all pre-1978 facilities.
(C) All other toxic or potentially hazardous compounds, to include
urea formaldehyde and asbestos, shall be excluded from new construction material(s) in walls
and ceilings and shall be effectively sealed in existing facilities.
(v) Doors and windows
(A) All doors, windows, and other entrances to the outside shall
effectively protect against the entrance of all insects and rodents.
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(B) Screening material shall not be less than sixteen (16) mesh to
the inch.
(vi) Lighting
(A) All rooms in which food or drink are prepared or in which
utensils are washed or stored shall be uniformly lighted with a minimum of twenty (20) foot
candles of light at work level.
(B) Lighting shall be from a permanently fixed artificial light source.
(C) Shielding to protect against broken glass falling into food shall
be provided for all artificial lighting fixtures located over, by, or within food storage, preparation,
service, or display areas and where utensils and equipment are cleaned and stored.
(vii) All rooms shall have sufficient ventilation to keep them free of excessive
heat, steam, condensation, vapors, obnoxious odors, smoke, fumes, toxic gases, or stagnant air.
Wyoming Food Safety Rules have additional ventilation requirements for Child Care Centers
(CCC).
(viii) Restrooms
(A) All child care facilities shall be provided with restroom facilities.
Each facility shall have at least one (1) commode and at least one lavatory per restroom. In
addition, Child Care Centers (CCC) shall be required to comply with the requirements of the
Uniform Plumbing Code (UPC), latest edition.
(B) If care is provided to children who are not toilet trained, then at
least one "potty chair" per four (4) children who are being potty trained shall be required.
(C) All restrooms shall be provided with covered trash receptacles,
single service hand towels or hand drying devices, hand cleanser, and toilet tissue at all times.
(D) Toilet facilities shall be kept clean and sanitary and maintained in
good repair.
(ix) Water supply
(A) Hot and cold potable water (under pressure) shall be provided
to all rooms in which food is prepared and utensils are washed and to all restrooms.
(B) The water supply shall be of such quantity as to provide enough
water for food preparation, washing of hands, and washing of utensils and equipment.
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(C) Private water supplies serving child-caring facilities shall have a
bacterial test every six (6) months. If infants under one (1) year are present, the water supply
shall be tested for nitrates every three (3) years.
(D) All bottled, packaged, or transported water shall be potable.
(x) Lavatories
(A) Lavatories shall be located in or immediately adjacent to all
restrooms.
(B) Sinks shall be located at a convenient height (24-36 inches at
top) for children, or stools shall be provided.
(C) Diaper changing area shall be located as close as possible to an
operable hand sink with hot and cold running water. The distance from diaper changing area to
such hand sink shall not exceed twelve (12) feet.
(D) Hot water from such lavatories or other child accessible
faucet(s) shall not exceed 120°F at exit point from the faucet.
(xi) Utensils and equipment
(A) Multi-use utensils and equipment shall be constructed and
repaired with safe materials. They shall be corrosion resistant, easily cleanable, and durable
under conditions of normal use.
(B) Single service articles shall be made from clean, sanitary, and
safe materials.
(C) Reuse of single service articles is prohibited.
(xii) Multi-use utensils and food contact surfaces of equipment shall be
washed, rinsed, and sanitized after each use or whenever contamination may have occurred.
Food contact surfaces shall be corrosion resistant, durable, and easily cleanable under normal
use.
(xiii) Non-food contact surfaces of equipment shall be cleaned as necessary
to keep the equipment free of accumulation of dust, dirt, food particles and other debris.
(xiv) Manual washing and sanitizing of utensils and food contact surfaces:
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(A) For manual washing, rinsing, and sanitizing of utensils and
equipment, three compartments or containers shall be used;
(B) Each compartment shall be large enough to accommodate the
utensils or equipment;
(C) The first compartment shall contain a hot detergent that is kept
clean. The second compartment shall contain hot, clear rinse water. The third compartment
shall contain an approved sanitizing solution as outlined in the Wyoming Food Safety Rule.
Dishes and equipment shall then be air dried;
(D) All utensils and equipment shall remain in the final sanitizing rinse
for at least one (1) minute, and the utensils or equipment shall then be air dried; and
(E) When chemicals are used for sanitization, a test kit or other
device that accurately measures the parts per million concentration of the sanitizer shall be
provided and used.
(xv) Mechanical washing and sanitizing
(A) Cleaning and sanitizing may be done by a spray type or
immersion dishwashing machine or by any other type of machine or device if it can be
demonstrated to the authorized health inspector that it thoroughly cleans and sanitizes utensils
and equipment. Home type machines, followed by hand sanitizing, may be approved.
(B) These machines and devices shall be maintained in good repair
and shall be operated in accordance with the manufacturer's instructions.
(xvi) Storage of utensils and equipment
(A) Cleaned and sanitized utensils and equipment shall be stored at
least six (6) inches above the floor level in a clean, dry location and in such a manner that
protects them from contamination by splash, dust, or other means.
(B) Food contact surfaces of fixed equipment shall also be
protected from contamination by splash, dust, or other means.
(C) Single service articles shall be stored at least six (6) inches
above the floor in closed cartons or containers that protect them from contamination.
(xvii) Sewage disposal
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(A) All sewage, including liquid waste, shall be disposed of by a
public sewerage system or by a sewerage disposal system constructed and operated according
to the requirements of the Department of Environmental Quality (DEQ) or their authorized
representative.
(B) Non-water carried sewage disposal facilities are prohibited,
except as permitted by the authorized health inspector in remote areas or because of special
situations.
(xviii) Solid waste (garbage)
(A) Garbage storage, inside, shall be kept in lined, durable, easily
cleanable, insect and rodent-proof containers that will not leak or absorb liquids.
(B) All containers used for garbage shall be kept covered with tight
fitting lids and shall be available in sufficient numbers to accommodate all garbage and refuse.
Outside containers shall be made inaccessible to dogs, cats, and wild animals.
(C) Containers shall be kept clean at all times.
(D) Garbage and refuse shall be disposed of often enough to
prevent the development of odor(s) and/or the attraction of insects and rodents.
(xix) Food care
(A) Food shall be of a sound condition, free from spoilage, filth, or
other contamination and shall be safe for human consumption.
(B) Food shall be obtained from sources that comply with all laws
relating to food and food labeling. Wild game is prohibited from being served to the children.
(C) The serving of "home-canned" foods to the children is
prohibited.
(D) Fluid milk and milk products used or served shall be
pasteurized and shall meet the Grade A Quality standards as established by law. (The serving of
raw or unpasteurized milk is prohibited.)
(E) Dry milk and dry milk products shall be made from pasteurized
milk or milk products and shall be used only in cooking.
(F) At all times, including while being stored, prepared, displayed,
served, or transported, food shall be protected from contamination by dust, insects, rodents,
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unclean utensils and equipment, unnecessary handling, coughs and sneezes, flooding, drainage,
and overhead leakage.
(G) The temperature of potentially hazardous food shall be kept at
41°F or below, or 135°F or above, at all times. Sufficient refrigerated or hot or cold storage
equipment shall be available to maintain these temperatures. Thermometers shall be available at
all times for monitoring food temperatures. Refrigeration thermometers shall be kept in top front
of the unit.
(H) Food, whether raw or prepared, if removed from the container
or package in which it was obtained, shall be stored in a clean, covered, and labeled container.
(I) Containers of food, except those packaged in waterproof
containers shall be stored at least six (6) inches above the floor.
(J) Cooked or finished potentially hazardous food stored under
refrigeration shall not exceed five (5) inches in depth.
(K) Stored frozen food shall be maintained in a frozen condition.
(L) Food shall be prepared with the least possible manual contact,
with suitable utensils, and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized
to prevent cross-contamination.
(M) Potentially hazardous frozen foods shall be thawed under the
following conditions:
(I) In a refrigeration unit at a temperature not to exceed
41°F;
(II) Under potable running water at a temperature of 70°F
or below; or
(III) In a microwave or part of the continuous cooking
process. Potentially hazardous, frozen foods shall not be thawed at room temperature.
(N) All food shall be served and displayed in a clean and sanitary
manner.
(O) Family Child Care Homes (FCCH) and Family Child Care
Centers (FCCC) may serve milk according to the following rules:
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(I) Grade A pasteurized milk bottled in one half or one
gallon containers may be used for pouring glasses of milk.
(II) The use of the one half or one gallon commercially filled
containers shall be contingent on the following:
(1) No milk once poured from the original
container shall be reused for beverages or cooking; and
(2) The one half or one gallon container shall be
returned to the refrigerator as soon as the individual glasses are filled and shall not remain on the
table during lunch, snack, or other dining times.
(III) The USDA commodity code does not allow dry or
powdered milk products to be reconstituted and used for drinking purposes.
(P) Once served to a child, that unwrapped portion of any leftover
food or drink shall not be served again.
(xx) Animals
(A) All animals shall be excluded from the food preparation, utensil,
and equipment washing and dining areas.
(B) Domestic animals that can be vaccinated and permitted on the
premises shall have all current vaccinations as required by the local ordinances and shall be
considered free of communicable diseases. Verification of such vaccinations shall be present on
the premises.
(C) Wild or potentially harmful animals shall not be allowed on the
premises.
(D) There shall be no reptiles, including snakes, lizards, or turtles,
on the child care premises due to the threat of salmonellosis transmission. All birds capable of
carrying psittacosis shall be certified as being psittacosis free, tested or treated by a veterinarian
to eliminate or prevent psittacosis or similar diseases.
(xxi) Pest control
(A) Insect and rodent control measures shall be implemented as
needed to keep them under control.
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(B) Approved methods, besides physical restraint, are stick-um fly
strips, electronic killing devices, and other methods or pesticides if approved by the
authorized health inspector.
(xxii) Communicable diseases
(A) No person, while infected with a reportable communicable
disease or who is a carrier of organisms that cause such a disease or while afflicted with a boil,
an infected wound, or an acute respiratory infection, shall work in a child-caring facility.
(B) Children infected with a reportable communicable disease shall
be excluded from the facility.
(C) If a child or employee becomes seriously or suspiciously ill with
such a reportable communicable disease during the hours of operation of the facility, they shall
be isolated from the rest of the children until they can be examined or treated by a physician.
(D) Readmission to the facility or release from isolation after the
illness shall not occur without the written consent of a physician certifying the
noncommunicability of the person.
(E) A room or other area that can be used for isolation shall be
provided at each facility for persons becoming ill or suspected of being ill with a reportable
communicable disease, and it shall be equipped with a cot or bed and bedding material that can
be easily sanitized.
(F) When reportable communicable diseases occur, all staff
members shall be advised and all parents or guardians of exposed children shall be immediately
notified by the provider to observe for symptoms; the specific identity of the persons infected
with a reportable communicable disease shall not be revealed except to authorized health care
authorities.
(G) Facilities shall report any reportable communicable disease
occurring to the children to the local public health office.
(H) After a child has had a reportable communicable disease, he or
she shall be readmitted to the facility only upon written approval of the attending physician.
(I) Facilities shall obtain the current list of reportable diseases from
the office of the State Epidemiologist, Wyoming Department of Health.
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(J) All persons engaged in food preparation or who come in
contact with the children shall have a biennial tuberculosis (TB) test or shall follow the latest
recommendation of the state health authority.
(K) Chronic upper respiratory problems, except common allergies,
shall require annual examinations by a physician.
(L) Deteriorating health conditions shall be brought to the attention
of the certifying authority.
(xxiii) Personnel practices
(A) All persons who come in contact with the children or who are
involved in the food preparation aspect of the operation shall wash their hands and exposed
portions of their arms with soap and warm water before food preparation, before and after
diaper changes, after smoke breaks, after using the toilet, and whenever else it is necessary to
keep them clean and free of contamination.
(B) No person shall use tobacco in any form while engaged in food
preparation, service of food or while washing utensils and equipment. Smoking is prohibited in
these areas.
(C) Hair control shall be employed by all those engaged in food
preparation. Hair shall be restrained in such a manner as to prevent hairs from contaminating
food or food contact surfaces.
(D) Persons engaged in food preparation or who come in contact
with the children shall maintain good hygienic practices during all working periods at the childcaring
facility.
(E) The outer clothing of all employees shall be clean and free of
food residues.
(xxiv) Diaper changing area
(A) Any child care facility having children requiring diaper changes
shall have a designated diaper changing area.
(B) Such an area shall have a smooth, non-absorbent, easily
cleanable surface.
(C) This area shall be sanitized after each diaper change with an
approved sanitizing agent.
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(D) Such sanitizing agents or apparatus shall be readily available and
clearly labeled.
(E) Hand washing is required after every diaper change. Use of
plastic gloves is recommended for diaper changing. If blood is present, plastic gloves shall be
used.
(xxv) Cots, pads, and bedding
(A) Each child shall have his/her own cot, bedding, etc., which shall
be labeled with the child's name.
(B) Such cot or bedding shall not be shared with other children
prior to cleaning and sanitizing.
(C) Inflatable beds shall not be used for children under the age of
twenty-four (24) months and when used with children twenty-four (24) months and older, must
be properly inflated and in good repair.
(D) Bedding material (unless laundered) shall be stored so that the
bedding is not touching to prevent possible cross-contamination.
(E) Cots and bedding shall be cleaned and sanitized on a weekly
basis.
(F) Twenty-four (24) hour facilities shall have enough covered cots
on hand to accommodate those children staying past 8:00 P.M.
(xxvi) Miscellaneous
(A) All medicines, alcohol, detergents, sanitizers and related
cleaning compounds, and other chemicals shall be inaccessible to children.
(B) Hazardous compounds such as insecticides and rodenticides
and other chemicals bearing the skull and crossbones or “Danger” designation shall be kept
under lock and key.
(C) Poisonous or toxic chemicals shall not be stored above or
adjacent to food, food items (utensils), food contact surfaces, or toys and playthings. They shall
not be used in such a manner that they could contaminate these articles.
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(D) Containers of poisonous or toxic materials shall be prominently
and distinctly labeled for easy identification of contents.
(E) All toys provided to the children shall be of such construction as
having an easily cleanable surface.
(F) Toys and other small articles that may find their way into
children's mouths shall be cleaned and sanitized at least once a week or whenever visibly soiled.
(xxvii) Management
(A) The overall condition of the child care facility and grounds shall
be maintained in a clean, uncluttered, sanitary, and healthful manner.
(B) The certificate or license to operate a child care facility shall be
posted in a conspicuous place so it can be observed by the parents and the authorized health
inspector.
(xxviii) Summary Suspension
(A) If the health or sanitation conditions of a child care facility pose
an imminent health threat to the children or staff, the authorized health inspector shall consult
with the Regulating authority, which may summarily suspend the license to operate under W.S.
14-4-108(c).
(B) The license shall remain suspended and the facility closed until
the conditions justifying suspension have been corrected.
(C) Such conditions shall be specified to the provider/director, and
the provider shall be notified as to his/her right to a hearing.
Section 5. Inspection of Child Care Facilities.
(a) Representatives of the Department of Family Services or designated
representatives of the Department of Family Services shall be permitted to enter any child care
facility at any reasonable time for the purpose of making necessary inspections to determine
compliance with health standards. The authorized health inspector or designated representative
shall be permitted to examine the records of the child care facility that he/she considers
necessary for compliance with these standards.
(b) The health and sanitation inspection frequency of all child care facilities shall be
based on risk. All Child Care Centers shall receive a health and sanitation inspection at least
one (1) time per year.
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(c) A health and sanitation inspection of all Family Child Care Homes and Family
Child Care Centers shall be performed at least every thirty-six (36) months by the authorized
health inspector. A Child Care Self Appraisal form shall be utilized in lieu of an inspection in the
year(s) when an in-person inspection is not performed.
(d) Inspection and enforcement procedures for these sanitation standards, unless
otherwise agreed upon in writing with the Department of Health of the local jurisdictional areas,
shall be as follows:
(i) The original copy of the inspection form shall be retained by the
Wyoming Department of Agriculture, the designated agent of the health office; and
(ii) One copy of the completed inspection report form shall be furnished to
the provider, director, owner or his/her representative at the conclusion of the health inspection.
(e) Compliance procedures. Failure to take action to correct any violations noted
by the authorized health inspector within the agreed timeframe may result in loss of license.

CHAPTER 11
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
FIRE STANDARDS FOR FAMILY CHILD CARE HOME
Residential Classification
Section 1. Authority and Purpose.
(a) The fire standards for building and life safety shall be administered and enforced by
the authority having jurisdiction designated by W.S. 35-9-101 through 35-9-130. For the purpose of
these rules, the authority having jurisdiction is called the fire official. The fire official has the
authority and responsibility to administer and enforce the adopted codes and/or laws of the
jurisdiction, and to require technical assistance as needed.
(b) These requirements shall apply to all child care homes in the State of Wyoming in
which children receive supervision or personal services for less than twenty-four (24) hours per day.
(c) The purpose of the fire inspection is to ensure compliance with minimum
requirements that will provide a reasonable level of fire and life safety, property protection and
public welfare from actual and potential hazards created by fire, explosions and other hazardous
conditions.
(d) A limited but reasonable time shall be allowed for compliance with any part of the
code requirements.
(e) Child care homes certified prior to the effective date of these rules shall be
maintained in accordance with the codes under which the facility was certified.
(f) New child care homes requesting certification shall comply with the currently
adopted building, fire and mechanical codes of the jurisdiction.
Section 2. Definitions.
The following definitions shall apply in the interpretation of minimum fire and life safety
requirements for child care homes.
(a) “Approved” pertains to materials, type of construction or appliances and refers to
approval by the building or fire official as the result of investigation and tests conducted by that
official or by reason of accepted principals and/or tests by nationally recognized authorities,
technical or scientific organizations.
(b) “Building or Fire Official” means the authorized person serving as a designated
employee, representative or agent of the governing authority and may be known as fire marshal, fire
chief, fire prevention officer, chief fire prevention officer, chief of the bureau of fire prevention, fire
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prevention chief, fire inspector, building inspector, electrical inspector, building official or authority
having jurisdiction.
(c) “Child Care Home” means the use of a building or structure, or portion thereof, for
supervision or personal care services for up to 10 children shall be classified as Residential.
(d) “Homemade Appliance” means an appliance which has been manufactured or
constructed by an individual who is not normally in a business of manufacturing or constructing
such appliances; and where such appliance has not been tested or evaluated by a nationally
recognized testing laboratory and properly labeled. Such appliances are prohibited in child care
homes.
(e) “Local Enforcement Jurisdiction” means the governing authority who has the
responsibility to provide minimum fire and life safety requirements within their own jurisdiction as
outlined in Wyoming Statute 35-9-121.
Section 3. Smoke Alarms.
Smoke alarms (detectors) shall be installed and maintained as follows:
(a) On the ceiling or wall outside each separate sleeping area in the immediate vicinity
of sleeping rooms.
(b) In each room used for sleeping purposes.
(c) In each story including basements and cellars.
(d) Smoke alarms shall emit a signal when the batteries are low.
(e) In new construction, additions and alterations, required smoke alarms shall receive
their primary power from the building wiring and shall be equipped with a battery backup.
(i) Wiring shall be permanent and without a disconnecting switch.
(ii) Where more than one smoke alarm is required to be installed, the smoke
alarms shall be interconnected in such a manner that the activation of one alarm will activate all of
the alarms.
(f) The alarm shall be clearly audible in all sleeping rooms over background noise levels
with all intervening doors shut.
(g) Smoke alarms shall be tested every month at a minimum (once a week is highly
recommended) and a record kept on premises and available to the fire official/Department of
Family Services personnel.
While it is not required, the Department of Fire Prevention and Electrical Safety
highly recommends installation of carbon monoxide detectors in all child care homes.
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Section 4. Occupancy Use and Separation.
(a) The garage shall be separated from the child care home (residence) and its attic area
by means of minimum three-quarter (3/4) inch sheet rock applied to the garage side. This applies
to applicants for licensure after the effective date of these rules.
(b) Door openings between the garage and the residence shall be equipped with either
solid wood doors not less than 1-3/8 inches thick or solid or honeycomb core steel doors not less
than 1-3/8 inches thick.
(c) Openings from a garage directly into a room used for sleeping purposes shall not be
permitted.
Section 5. Exits.
The building or fire official in accordance with the adopted building and fire codes shall
determine number of exits, placement and adequacy. General requirements are:
(a) A minimum of two exits is required. Sliding type doors are permitted for the second
exit.
(b) Windows, including any type of window wells, shall not be considered as an exit for
this purpose.
(c) An exit door is a side-hinged door and shall be at least 3’ by 6’8” in new
construction or as approved by the authority having jurisdiction in existing construction.
(d) Required exit access, exits or exit discharges shall be continuously maintained free
from obstructions or impediments to full instant use in the case of fire or other emergency.
(e) An exit shall be free from obstructions that would prevent its use, including the
accumulation of snow and ice.
(f) Egress doors shall be readily openable from the inside without the use of a key or
any special knowledge or effort. Dead bolts, chains, night latches, manually operated flush bolts or
surface bolts are not permitted.
(g) The means of egress, including the exit discharge, shall be illuminated at all times
the building is occupied.
(h) Porches, steps, stairs, landings and walkways shall be maintained in good repair and
safe condition, and in compliance with the adopted code or as approved by the authority having
jurisdiction.
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(i) Guardrails shall be located along open-sided walking surfaces, mezzanines,
stairways, ramps and landings and along glazed sides of stairways, ramps and landings which are
located more than thirty (30) inches above the floor or grade below.
(j) Guardrails shall form a protective barrier not less than forty-two (42) inches high.
(k) Open guardrails shall have intermediate rails or balusters or ornamental patterns such
that a four (4) inch diameter sphere cannot pass through any opening.
(l) Landings shall have a width not less than the width of the stairway or the width of
the door, whichever is the greater. Landings shall have a length measured in the direction of travel
of not less than thirty-six (36) inches.
(m) Basements must have two (2) approved exits with one leading directly to the outside.
Section 6. Emergency Escape and Rescue Windows.
Sleeping rooms shall have at least one exterior emergency escape and rescue opening (may
be a window or door unless the sleeping room is in a basement, then a door is required). Such
opening shall open directly to the exterior.
(a) Emergency escape and rescue openings shall have a minimum net clear opening of
5.7 square feet. The minimum net clear opening height shall be twenty-four (24) inches; the
minimum net clear opening width shall be twenty (20) inches.
(b) Emergency escape and rescue openings shall have the bottom of the clear opening
not greater than forty-four (44) inches measured from the floor.
(c) Emergency escape and rescue openings shall be operational from the inside of the
room without the use of keys or tools.
Section 7. Portable Fire Extinguishers.
Portable fire extinguishers shall be installed in child care homes. The fire official having
jurisdiction shall approve the proper type and number of extinguishers. General rules are:
(a) At least one fire extinguisher is required for each three thousand (3,000) square feet
of floor area. Additional extinguishers may be required to make sure travel distance to an
extinguisher is no more than seventy-five (75) feet from any location.
(b) The rating of each fire extinguisher shall not be less than 2A-10:BC. (Look for this
number on the extinguisher.)
(c) The extinguisher shall be located in a conspicuous location where it will be readily
accessible and immediately available for use. The location shall be along the normal path of travel.
(d) Fire extinguishers shall not be obstructed or obscured from view.
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(e) Fire extinguishers shall be installed on the hangers or brackets supplied. Hangers or
brackets shall be securely anchored to the mounting surface in accordance with the manufacturer’s
installation instructions.
(f) Fire extinguishers shall be installed so that the top is not more than five (5) feet
above the floor. The clearance between the bottom of the extinguisher and the floor shall not be
less than four (4) inches.
(g) Fire extinguishers shall not be mounted or stored in cupboards or broom closets,
except when approved by the authority having jurisdiction and the cupboard or closet is clearly
labeled “Fire Extinguisher Inside.” The cupboard or closet shall not be locked.
(h) Fire extinguishers shall be inspected and serviced annually by an individual certified
by the State of Wyoming. Fire extinguishers shall have service tags attached showing date of
service and who serviced it. New fire extinguishers shall have a tag attached showing date of
purchase.
Section 8. Storage.
(a) Storage of combustible materials in buildings shall be orderly and separated from
heaters or heating devices by distance or shielding so that ignition cannot occur.
(i) No black powder is allowed on the premises at a child care facility;
(ii) Reloading activities are prohibited during child care hours of operation; and
(iii) The reloading powder quantity shall not exceed the maximum necessary for
reloading activities.
(b) Combustible materials shall not be stored in attic, under-floor, under exit stairways,
and concealed spaces unless walls, floor and ceiling forming the storage area are protected on the
enclosed side by one-hour fire-resistive construction or the space is provided with an approved
automatic fire sprinkler system.
(c) Trapdoors and access covers shall be kept closed at all times except when in use.
(d) Combustible storage shall not be stored in exits, hallways or stairways.
(e) Combustible and flammable materials and liquids shall be stored in a metal cabinet
and shall not create a fire hazard.
Section 9. Heating Appliances.
(a) Heating appliances shall be listed and approved and installed in accordance with the
manufacturer’s instructions, the adopted building code, mechanical code and electrical code. All
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chimneys, smokestacks or similar devices from stoves, furnaces, fireboxes or boilers shall be
installed or constructed in accordance with their listings and the above-mentioned codes.
(b) Furnaces shall be cleaned (including filter replacement) as often as necessary to
prevent accumulation of lint and dust.
(c) Homemade heating appliances shall be removed from service.
(d) Any building which contains a liquefied petroleum (LPG) gas-burning appliance
below grade (basement/pit or similar location) will not be approved for a child care home until the
LPG gas-burning appliance is properly installed with ventilation and an approved gas detection
device. Upon request the Department of Fire Prevention and Electrical Safety will provide
guidelines for the proper installation of LPG appliances in a basement, pit or under floor space.
While not required, the Department of Fire Prevention and Electrical Safety highly
recommends any heating equipment in spaces occupied by children should be provided with
partitions, screens or other means to protect the children from hot surfaces and open flames.
If solid partitions are used to provide such protection, provisions shall be made to assure
adequate air for combustion and ventilation for the heating equipment.
Section 10. Electrical.
All electrical wiring, equipment and appliances shall be installed and maintained in
accordance with NFPA 70, National Electric Code.
(a) Special protective covers for all electrical outlets not in use shall be installed in all
areas occupied by the children.
(b) Electrical wiring, devices, appliances and other equipment that is modified or
damaged and constitutes an electrical shock or fire hazard shall not be used.
(c) Extension cords and flexible cords shall not be used as a substitute for permanent
wiring.
(d) Extension cords and flexible cords shall not be affixed to structures, extended
through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject
to environmental damage or physical impact.
(e) Extension cords shall be used only with portable appliances.
(f) Extension cords shall be plugged directly into an approved receptacle, power tap or
multiplug adapter and, except for approved multiplug extension cords, shall serve only one (1)
portable appliance.
(g) The ampacity of the extension cords shall not be less than the rated capacity of the
portable appliance supplied by the cord.
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(h) Extension cords shall be maintained in good condition without splices, deterioration
or damage.
(i) Extension cords shall be grounded when serving grounded portable appliances.
(j) Open junction boxes and open-wiring splices shall be prohibited. Approved covers
shall be provided for all switch and electrical outlet boxes.
(k) All breakers or fuses in an electrical panel shall be legibly labeled and identified as
to purpose or use on a circuit directory located on the face or inside the panel door.
Section 11. Premises Identification.
New and existing buildings shall have approved address numbers, building numbers, or
approved building identification:
(a) Placed in a position to be plainly legible and visible from the street or road fronting
the property;
(b) These numbers shall contrast with their background; and
(c) Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5
inch.
Section 12. Fire Safety Plans.
Fire safety plans shall include the following:
(a) The procedure for reporting a fire or other emergency;
(b) The life safety strategy and procedures for notifying, relocating, or evacuating
occupants;
(c) Site plans indicating the following:
(i) A current list kept by the exit door of who is at the facility each day. This list
must be taken with the children during evacuation of the building; and
(ii) The occupancy assembly point for both good and bad weather;
(d) Floor plans identifying the locations of the following:
(i) Exits;
(ii) Primary evacuation routes;
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(iii) Secondary evacuation routes; and
(iv) Portable fire extinguishers.
(e) Employee Training and Response Procedures shall include the following:
(i) Employees shall be trained in the fire emergency procedures described in
their fire evacuation and fire safety plans; and
(ii) Employees shall receive training in the contents of fire safety and evacuation
plans and their duties as part of new employee orientation and at least annually thereafter. Records
shall be kept and made available to the fire official/Department of Family Services personnel upon
request.
(f) Employees shall be trained in fire prevention, evacuation and fire safety in
accordance with the following:
(i) Employees shall be familiarized with the fire alarm and evacuation signals,
their assigned duties in the event of an alarm or emergency, evacuation routes, exterior assembly
areas, and procedures for evacuation; and
(ii) Employees shall be trained to know the locations and proper use of fire
extinguishers.
Section 13. Emergency Evacuation Drills (Fire Drills).
(a) Emergency evacuation drills shall be held monthly in Child Care Homes and all
occupants shall participate.
(b) Responsibility for the planning and conduct of drills shall be assigned to competent
persons designated to exercise leadership.
(c) Emergency evacuation drills shall be conducted at different hours of the day or
evening, at unexpected times and under varying conditions, to avoid distinction between drills and
actual fires. Drills shall be held to simulate the unusual conditions that occur in case of fire.
(d) Outdoor assembly areas shall be designated and shall be located a safe distance from
the building being evacuated so as to avoid interference with fire department operations.
(e) Records shall be maintained of required emergency evacuation drills and include the
following information:
(i) Identity of the person conducting the drill;
(ii) Date and time of drill;
(iii) Notification method used;
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(iv) Staff members on duty and participating;
(v) Number of occupants evacuated;
(vi) Special conditions simulated;
(vii) Problems encountered;
(viii) Weather conditions when occupants were evacuated; and
(ix) Time required to accomplish complete evacuation.
(f) Emergency evacuation drills shall be initiated by activating the smoke alarm.
(g) As building occupants arrive at the assembly point, the responsible caregiver shall
determine if all occupants have been successfully evacuated or have been accounted for.
(h) No one shall reenter the premises until authorized to do so by the caregiver in
charge.
These fire standards are basic requirements. The fire official, after conducting an onsite
fire inspection, may require correction of other fire hazards.
Table of Contents

CHAPTER 12
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
FIRE STANDARDS FOR CHILD CARE CENTERS
AND FAMILY CHILD CARE CENTERS
Educational Classification (Group E)
Section 1. Authority and Purpose.
(a) The fire standards for building and life safety shall be administered and enforced by
the authority having jurisdiction designated by W.S. 35-9-101 through 35-9-130. For the purpose of
these rules, the authority having jurisdiction is called the fire official. The fire official has the
authority and responsibility to administer and enforce the adopted codes and/or laws of the
jurisdiction, and to require technical assistance as needed.
(b) These requirements shall apply to all child care centers and family child care centers
in the State of Wyoming with a current license dated prior to the effective date of these rules in
which clients receive education, supervision or personal services for less than twenty-four (24)
hours per day.
(c) Changes to a facility licensed prior to the effective date of these rules requiring a
plan review will require the facility to comply with the currently adopted building, fire and
mechanical codes of the jurisdiction.
(d) Child care centers and family child care centers requesting licensure or facilities
moving to a new location after the effective date of these rules shall comply with the currently
adopted building, fire and mechanical codes of the jurisdiction.
(e) The purpose of the fire inspection is to ensure compliance with minimum
requirements that will provide a reasonable level of fire and life safety, property protection and
public welfare from actual and potential hazards created by fire, explosions and other hazardous
conditions.
(f) A limited but reasonable time shall be allowed for compliance with any part of the
code requirements.
(g) Child care centers and family child care centers licensed prior to the effective date of
these rules, shall be maintained in accordance with the codes under which the facility was licensed.
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Section 2. Definitions.
The following definitions shall apply in the interpretation of minimum fire and life safety
requirements for Child Care Centers and Family Child Care Centers.
(a) “Approved” pertains to materials, type of construction or appliances and refers to
approval by the building or fire official as the result of investigation and tests conducted by that
official or by reason of accepted principals and/or tests by nationally recognized authorities,
technical or scientific organizations.
(b) “Building or Fire Official” the authorized person serving as a designated employee,
representative or agent of the governing authority and may be known as fire marshal, fire chief, fire
prevention officer, chief fire prevention officer, chief of the bureau of fire prevention, fire
prevention chief, fire inspector, building inspector, electrical inspector, building official or authority
having jurisdiction.
(c) “Child Care Center or Family Child Care Center” the use of a building or structure,
or portion thereof, for educational, supervision or personal care services for more than ten (10)
children shall be classified as a Group E.
(d) “Homemade Appliance” an appliance which has been manufactured or constructed
by an individual who is not normally in a business of manufacturing or constructing such
appliances; and where such appliance has not been tested or evaluated by a nationally recognized
testing laboratory and properly labeled. Such appliances are prohibited in child care centers.
(e) “Institutional (Group I-4)” a facility that provides supervision and personal care on
less than a twenty-four (24) hour basis for more than five (5) children two and one-half (2-1/2)
years of age or less shall be classified as Institutional Group I-4. Exception: a child day care facility
that provides care for more than five (5) but no more than one hundred (100) children two and onehalf
(2-1/2) years of age or less, when the rooms where such children are cared for are located on
the level of exit discharge and each of these child care rooms has an exit door directly to the
exterior, shall be classified as Group E.
(f) “Local Enforcement Jurisdiction” the governing authority who has the responsibility
to provide minimum fire and life safety requirements within their own jurisdiction as outlined in
Wyoming Statute 35-9-121.
Section 3. Review of Building Plans.
(a) Plans shall be submitted to the Wyoming Department of Fire Prevention and
Electrical Safety for review prior to beginning work for remodeling or additions to existing facilities
and for new construction when the cost for construction or remodeling is over twenty-five thousand
dollars ($25,000) and the facility houses more than ten (10) children.
(b) Child care centers and family child care centers operating within local enforcement
jurisdictions shall follow procedures for obtaining permits and plan review as required by the local
jurisdiction.
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(c) All construction, regardless of cost or size, shall comply with the minimum adopted
State of Wyoming codes.
Section 4. Automatic Fire Sprinklers.
An automatic sprinkler system shall be provided throughout all Group E fire areas greater
than twenty thousand (20,000) square feet in area. An automatic sprinkler system shall also be
provided for every portion of educational buildings below the level of exit discharge. Exception:
where each classroom has at least one exterior exit door at ground level.
(a) The building owner shall be responsible for ensuring that the fire and life safety
systems are maintained in an operable condition at all times.
(b) Records of all system inspections, tests and maintenance required shall be
maintained on the premises and made available to the fire official or the Department of Family
Services personnel upon request.
Section 5. Fire Alarms.
A manual fire alarm system shall be installed in Group E occupancies. When automatic
sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to
the building fire alarm system. Exception: Group E occupancies with an occupant load of less than
fifty (50). (NOTE: Occupant load is based on square footage of the facility divided by a factor of
twenty (20). It is not based on Department of Family Services licensing numbers.)
(a) Fire detection and alarm systems shall be maintained in an operative condition at all
times, and shall be replaced or repaired when defective.
(b) The building owner shall be responsible for ensuring that the fire and life safety
systems are maintained in an operable condition at all times.
(c) Service personnel shall meet the qualification requirements of NFPA 72A for
maintaining, inspecting, and testing such systems.
(d) Records of all system inspections, tests and maintenance required shall be
maintained on the premises and made available to the fire official or Department of Family Services
personnel upon request.
Section 6. Smoke Alarms.
Smoke alarms (detectors) shall be installed and maintained as follows:
(a) On the ceiling or wall outside each separate sleeping area in the immediate vicinity
of sleeping rooms.
(b) In each room used for sleeping purposes.
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(c) In each story including basements and cellars.
(d) Smoke alarms shall emit a signal when the batteries are low.
(e) In new construction, additions and alterations, required smoke alarms shall receive
their primary power from the building wiring and shall be equipped with a battery backup.
(i) Wiring shall be permanent and without a disconnecting switch.
(ii) Where more than one (1) smoke alarm is required to be installed, the smoke
alarms shall be interconnected in such a manner that the activation of one (1) alarm will activate all
of the alarms.
(f) The alarm shall be clearly audible in all sleeping rooms over background noise levels
with all intervening doors shut.
(g) Smoke alarms shall be tested monthly (weekly testing is highly recommended).
(h) A written record of all inspections, tests and maintenance required shall be
maintained made available to the fire official or Department of Family Services personnel.
While it is not required, the Department of Fire Prevention and Electrical Safety
highly recommends installation of carbon monoxide detectors in all child care centers.
Section 7. Occupancy Use and Separation.
(a) Child care centers located in portions of buildings such as churches, gyms, shopping
malls, etc. shall be separated from such buildings/uses by an approved two-hour occupancy
separation.
Section 8. Exits.
The building or fire official in accordance with the International Building and Fire Codes
shall determine number of exits, placement and adequacy. General requirements are:
(a) A minimum of two (2) exits is required;
(b) Windows shall not be considered as an exit for this purpose;
(c) An exit door is a side-hinged door and shall be at least 3’ by 6’8” in new
construction, or as approved by the authority having jurisdiction in existing construction;
(d) Doors shall swing in the direction of egress travel where serving an occupant load of
fifty (50) or more. Occupant load is based on the square footage of facility divided by a factor of
twenty (20);
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(e) Required exit access, exits or exit discharges shall be continuously maintained free
from obstructions or impediments to full instant use in the case of fire or other emergency;
(f) An exit shall be free from obstructions that would prevent its use, including the
accumulation of snow and ice;
(g) Egress doors shall be readily openable from the inside without the use of a key or
any special knowledge or effort. Dead bolts, chains, night latches, manually operated flush bolts or
surface bolts are not permitted;
(h) Exit paths shall be illuminated at all times the building is occupied;
(i) Exit path illumination shall be supplied from two (2) sources of power where the
exiting system requires two (2) exits (storage batteries, unit equipment or on-site generator);
(j) Exits and exit access doors shall be marked by an approved exit sign readily visible
from any direction of egress travel;
(k) Exit signs shall be internally or externally illuminated by two (2) lamps or shall be of
the self-luminous type;
(l) Exit signs shall be illuminated at all times. In case of power loss the exit signs shall
be connected to emergency power source (storage batteries, unit equipment, or on-site generator);
(m) Porches, steps, stairs, landings and walkways shall be maintained in good repair and
safe condition, and in compliance with the adopted code or as approved by the authority having
jurisdiction;
(n) Guardrails shall be located along open-sided walking surfaces, mezzanines,
stairways, ramps and landings and along glazed sides of stairways, ramps and landings which are
located more than thirty (30) inches above the floor or grade below;
(o) Guardrails shall form a protective barrier not less than forty-two (42) inches high.
(p) Open guardrails shall have intermediate rails or balusters or ornamental patterns such
that a four (4) inch diameter sphere cannot pass through any opening.
(q) Landings shall have a width not less than the width of the stairway or the width of
the door, whichever is the greater. Landings shall have a length measured in the direction of travel
of not less than forty-four (44) inches.
Section 9. Emergency Escape and Rescue Windows.
Sleeping rooms shall have at least one exterior emergency escape and rescue opening (may
be a window or door). Such opening shall open directly to the exterior.
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(a) Emergency escape and rescue openings shall have a minimum net clear opening of
5.7 square feet. The minimum net clear opening height shall be twenty-four (24) inches; the
minimum net clear opening width shall be twenty (20) inches.
(b) Emergency escape and rescue openings shall have the bottom of the clear opening
not greater than forty-four (44) inches measured from the floor.
(c) Emergency escape and rescue openings shall be operational from the inside of the
room without the use of keys or tools.
Section 10. Kitchen Hood & Duct Fire Extinguishing System.
Each commercial kitchen exhaust hood and duct system required by the adopted fire code or
mechanical code to have a Type I hood shall be protected with an approved automatic fireextinguishing
system.
(a) Pre-engineered automatic dry- and wet-chemical extinguishing systems shall be
tested in accordance with UL 300 and listed and labeled for the intended application.
(b) Other types of automatic fire-extinguishing systems shall be listed and labeled for
specific use as protection for cooking operations.
(c) A manual actuation device shall be located at or near a means of egress from the
cooking area, a minimum of ten (10) feet and a maximum of twenty (20) feet from the kitchen
exhaust system.
(d) The manual actuation device shall be located a minimum of four and one-half (4.5)
feet and a maximum of five (5) feet above the floor.
(e) The actuation of the fire suppression system shall automatically shut down the fuel
or electrical power supply to the cooking equipment.
(f) The fuel and electrical supply reset shall be manual.
(g) Where a building fire alarm system is installed, automatic fire-extinguishing systems
shall be monitored by the building fire alarm system in accordance with NFPA 72.
(h) Automatic fire-extinguishing systems shall be serviced at least every six (6) months
and after activation of the system. The system shall have a service tag attached stating date of
service and who serviced it. Inspection shall be by qualified individuals certified by the State of
Wyoming, and a certificate of inspection shall be forwarded to the fire official upon completion.
(i) Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned
at intervals necessary to prevent the accumulation of grease.
(j) Cleanings shall be recorded, and records shall state the extent, time and date of
cleaning. Such records shall be maintained on the premises.
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(k) A portable class K rated fire extinguisher shall be provided within a thirty (30) foot
travel distance of commercial-type cooking equipment.
Section 11. Portable Fire Extinguishers.
Portable fire extinguishers shall be installed in Group E occupancies. The fire official
having jurisdiction shall approve the proper type and number of extinguishers. General rules are:
(a) At least one (1) fire extinguisher is required for each three thousand (3,000) square
feet of floor area. Additional extinguishers may be required to make sure travel distance to an
extinguisher is no more than seventy-five (75) feet from any location;
(b) The rating of each fire extinguisher shall not be less than 2A-10:BC. (Look for this
number on the extinguisher);
(c) The extinguisher shall be located in a conspicuous location where it will be readily
accessible and immediately available for use. The location shall be along the normal path of travel;
(d) Fire extinguishers shall not be obstructed or obscured from view;
(e) Fire extinguishers shall be installed on the hangers or brackets supplied. (Unless
housed in approved fire extinguisher cabinets.) Hangers or brackets shall be securely anchored to
the mounting surface in accordance with the manufacturer’s installation instructions;
(f) Fire extinguishers shall be installed so that the top is not more than five (5) feet
above the floor. The clearance between the bottom of the extinguisher and the floor shall not be
less than four (4) inches;
(g) Fire extinguishers shall not be mounted or stored in cupboards or broom closets; and
(h) Fire extinguishers shall be inspected and serviced annually by an individual certified
by the State of Wyoming. Fire Extinguishers shall have service tags attached showing date of
service and who serviced it. New fire extinguishers shall have a tag attached showing date of
purchase.
Section 12. Storage.
(a) Curtains, draperies, hangings and other decorative materials suspended from walls or
ceilings shall be flame resistant in accordance with NFPA 701.
(b) Storage of combustible materials in buildings shall be orderly and separated from
heaters or heating devices by distance or shielding so that ignition cannot occur.
(c) Clothing and personal effects shall not be stored in corridors and lobbies unless:
(i) Corridors are protected by an approved automatic sprinkler system.
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(ii) Corridors are protected by an approved smoke detection system.
(iii) Storage in metal lockers provided the minimum required egress width is
maintained.
(d) Artwork and teaching materials shall be limited on walls of corridors to not more
than twenty percent (20%) of the wall area.
(e) Combustible materials shall not be stored in attic, under-floor, under exit stairways,
and concealed spaces unless walls, floor and ceiling forming the storage area are protected on the
enclosed side by one-hour fire-resistive construction or the space is provided with an approved
automatic fire sprinkler system.
(f) Trapdoors and access covers shall be kept closed at all times except when in use.
(g) Combustible storage shall be maintained two (2) feet or more below the ceiling in
nonsprinklered buildings or a minimum of eighteen (18) inches below sprinkler head deflectors in
sprinklered buildings.
(h) Combustible storage shall not be stored in exits, hallways or stairways.
(i) Combustible material shall not be stored in boiler rooms, mechanical rooms or
electrical equipment rooms.
(j) Combustible and flammable materials and liquids shall be properly stored and shall
not create a fire hazard. The maximum amount allowed shall not exceed ten (10) gallons.
Section 13. Heating Appliances.
(a) Heating appliances shall be listed and approved and installed in accordance with the
manufacturer’s instructions, the adopted building code, mechanical code and electrical code. All
chimneys, smokestacks or similar devices from stoves, furnaces, fireboxes or boilers shall be
installed or constructed in accordance with their listings and the above-mentioned codes.
(b) Furnaces shall be cleaned (including filter replacement) as often as necessary to
prevent accumulation of lint and dust.
(c) Homemade heating appliances shall be removed from service.
(d) Any building which contains a liquefied petroleum (LPG) gas-burning appliance
below grade (basement/pit or similar location) will not be approved for a child care center until the
LPG gas-burning appliance is properly installed with ventilation and an approved gas detection
device. Upon request the Department of Fire Prevention and Electrical Safety will provide
guidelines for the proper installation of LPG appliances in a basement, pit or under floor space.
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While not required, the Department of Fire Prevention and Electrical Safety highly
recommends any heating equipment in spaces occupied by children should be provided with
partitions, screens or other means to protect the children from hot surfaces and open flames.
If solid partitions are used to provide such protection, provisions shall be made to assure
adequate air for combustion and ventilation for the heating equipment.
Section 14. Electrical.
All electrical wiring, equipment and appliances shall be installed and maintained in
accordance with NFPA 70, National Electrical Code.
(a) Special protective covers for all electrical outlets not in use shall be installed in all
areas occupied by the children.
(b) Electrical wiring, devices, appliances and other equipment that is modified or
damaged and constitutes an electrical shock or fire hazard shall not be used.
(c) Extension cords and flexible cords shall not be used as a substitute for permanent
wiring.
(d) Extension cords and flexible cords shall not be affixed to structures, extended
through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject
to environmental damage or physical impact.
(e) Extension cords shall be used only with portable appliances.
(f) Extension cords shall be plugged directly into an approved receptacle, power tap or
multiplug adapter and, except for approved multiplug extension cords, shall serve only one (1)
portable appliance.
(g) The ampacity of the extension cords shall not be less than the rated capacity of the
portable appliance supplied by the cord.
(h) Extension cords shall be maintained in good condition without splices, deterioration
or damage.
(i) Extension cords shall be grounded when serving grounded portable appliances.
(j) Open junction boxes and open-wiring splices shall be prohibited. Approved covers
shall be provided for all switch and electrical outlet boxes.
(k) All breakers or fuses in an electrical panel shall be legibly labeled and identified as
to purpose or use on a circuit directory located on the face or inside the panel door.
(l) A working space of not less than thirty (30) inches in width, thirty-six (36) inches in
depth and seventy-eight (78) inches in height shall be provided in front of electrical service
equipment. No storage of any materials shall be located within the designated working space.
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Section 15. Premises Identification.
New and existing buildings shall have approved address numbers, building numbers, or
approved building identification:
(a) Placed in a position to be plainly legible and visible from the street or road fronting
the property;
(b) These numbers shall contrast with their background; and
(c) Numbers shall be a minimum of four (4) inches high with a minimum stroke width
of 0.5 inch.
Section 16. Fire Safety and Evacuation Plans.
(a) An approved fire safety and evacuation plan shall be prepared and maintained in
Group E occupancies.
(i) Fire safety and evacuation plans shall be reviewed or updated annually or as
necessitated by changes in staff assignments, occupancy, or the physical arrangement of the
building.
(ii) Fire safety and evacuation plans shall be available in the workplace for reference
and review by employees, and copies furnished to the fire official for review upon request.
(b) Fire Evacuation Plans shall contain the following:
(i) Emergency egress or escape routes;
(ii) Procedures for employees who must remain to operate critical equipment
before evacuating;
(iii) Procedures for accounting for occupants after evacuation has been
completed;
(iv) Identification and assignment of personnel responsible for rescue or
emergency medical aid;
(v) The preferred and any alternative means of notifying occupants of fire or
emergency;
(vi) The preferred and any alternative means of reporting fires and other
emergencies to the fire department or designated emergency response organization;
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(vii) Identification and assignment of personnel who can be contacted for further
information or explanation of duties under the plan; and
(viii) A description of the emergency voice/alarm communication system alert tone
and preprogrammed voice messages, where provided.
(c) Fire Safety Plans shall include the following:
(i) The procedure for reporting a fire or other emergency; and
(ii) The life safety strategy and procedures for notifying, relocating, or
evacuating occupants.
(iii) Site plans indicating the following:
(A) The occupancy assembly point;
(B) The locations of fire hydrants; and
(C) The normal routes of fire department vehicle access.
(iv) Floor plans identifying the locations of the following:
(A) Exits;
(B) Primary evacuation routes;
(C) Secondary evacuation routes;
(D) Accessible egress routes;
(E) Areas of refuge;
(F) Manual fire alarm boxes;
(G) Portable fire extinguishers;
(H) Occupant-use hose stations; and
(I) Fire alarm annunciator panels and controls.
(v) A list of major fire hazards associated with the normal use and occupancy of
the premises, including maintenance and housekeeping procedures.
(vi) Identification and assignment of personnel responsible for maintenance of
systems and equipment installed to prevent or control fires.
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(vii) Identification and assignment of personnel responsible for maintenance,
housekeeping and controlling fuel hazard sources.
(d) Employee Training and Response Procedures shall include the following:
(i) Employees shall be trained in the fire emergency procedures described in
their fire evacuation and fire safety plans;
(ii) Employees shall receive training in the contents of fire safety and evacuation
plans and their duties as part of new employee orientation and at least annually thereafter. Records
shall be kept and made available to the fire official or Department of Family Servics personnel upon
request;
(iii) Employees shall be trained in fire prevention, evacuation and fire safety in
accordance with the following:
(A) Employees shall be apprised of the fire hazards of the materials and
processes to which they are exposed;
(B) Each employee shall be instructed in the proper procedures for
preventing fires in the conduct of their assigned duties;
(C) Employees shall be familiarized with the fire alarm and evacuation
signals, their assigned duties in the event of an alarm or emergency, evacuation routes, areas of
refuge, exterior assembly areas, and procedures for evacuation; and
(D) Employees shall be trained to know the locations and proper use of
fire extinguishers.
Section 17. Emergency Evacuation Drills (Fire Drills).
(a) Emergency evacuation drills shall be held monthly in Group E occupancies and all
occupants shall participate. Responsibility for the planning and conduct of drills shall be assigned
to competent persons designated to exercise leadership.
(b) Prior notification of emergency evacuation drills shall be given to the fire official
when required.
(c) Emergency evacuation drills shall be conducted at different hours of the day or
evening, during the recess or gymnastic periods, at unexpected times and under varying conditions,
to avoid distinction between drills and actual fires. Drills shall be held to simulate the unusual
conditions that occur in case of fire.
(d) Outdoor assembly areas shall be designated and shall be located a safe distance from
the building being evacuated so as to avoid interference with fire department operations. The
assembly areas shall be arranged to keep each class separate to provide accountability of all
individuals.
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(e) Records shall be maintained of required emergency evacuation drills and include the
following information:
(i) Identity of the person conducting the drill;
(ii) Date and time of drill;
(iii) Notification method used;
(iv) Staff members on duty and participating;
(v) Number of occupants evacuated;
(vi) Special conditions simulated;
(vii) Problems encountered;
(viii) Weather conditions when occupants were evacuated; and
(ix) Time required to accomplish complete evacuation.
(f) Where a fire alarm system is provided, emergency evacuation drills shall be initiated
by activating the fire alarm system.
(g) As building occupants arrive at the assembly point, the responsible staff or auxiliary
staff person shall determine if all occupants have been successfully evacuated or have been
accounted for.
(h) No one shall reenter the premises until authorized to do so by the staff or auxiliary
staff person in charge.
(i) If the child care center is a preschool, the first emergency evacuation drill of each
school year shall be conducted within ten (10) days of the beginning of classes.
These fire standards are basic requirements. The fire official, after conducting an onsite
fire inspection, may require correction of other fire hazards.