C. Satisfactory lead levels. Child Care Facilities must comply with 22 MRS Ch. 252, Lead Poisoning Control Act, regarding the use of lead-based paint on toys, furniture, or any interior or exterior surfaces.

  1. Child Care Facilities will have an annual screening for potential lead hazards due to chipped and/or peeling paint.
  2. A facility will be exempt from this screening if:
    a. The building was constructed in 1978 or later;
    b. The building has been certified as having no lead hazards and no lead-based paint within the previous 12 months;
    c. Lead-safe status has been maintained by a re-evaluation performed 6 months after the initial lead-safe certification and annually thereafter by a lead inspector or risk assessor; or
    d. The Facility does not serve any Children under six years of age.
  3. A lead inspection performed by a Maine certified lead inspector or risk assessor must be completed if the screening indicates the potential of exposure to lead paint.
  4. If evidence of lead-based paint is found in a structure built prior to 1978, the Child Care Facility must provide written notification to the parents of all Children in care and prospective families of the possibility of exposure to lead paint. The Child Care Facility must maintain in each Child’s record a written acknowledgement of receipt of the notification required above.
  5. All remediation of lead paint and dust must be done following lead-safe work practices in compliance with 10-144 CMR Ch. 292, Rules Relating to the Lead Poisoning Control Act.

D. Carbon monoxide. Child Care Facilities must be equipped with a working carbon monoxide detection system.

  1. Equipment may be individual electric (plug-in or hardwire) or battery-operated carbon monoxide detectors that meet Underwriters Laboratories Inc. requirements (UL-Listed); or an electronic carbon monoxide detection system connected to an electronic alarm/smoke detection system that is UL-Listed.
  2. At least one carbon monoxide detector must be installed on every level of each building of the Child Care Facility and the detector(s) must be installed in compliance with the Maine Department of Public Safety, Office of the State Fire Marshal or designee’s instructions.

E. Building temperature.

  1. A minimum temperature of at least 65º Fahrenheit measured within two feet of the floor must be maintained in spaces occupied by Children.
  2. If indoor temperatures exceed 82º Fahrenheit, then the Child Care Facility must use methods to cool the space when occupied by Children.
  3. Air conditioners, electric fans, and heaters must be mounted and anchored out of all Children’s reach or have safeguards that keep any Child from being injured.
  4. Portable electric space heaters must be approved by the Maine Department of Public Safety, Office of the State Fire Marshal or designee. Heating units must be shielded in a manner to prevent injuries and burns and be installed and operated in accordance with the manufacturer’s specifications.

F. Lighting and Ventilation.

  1. Every room used by Children must be properly lighted to allow safe movement through the space. Natural light is required in any room used by Children for more than four hours per day.
  2. All indoor space used by Children must be adequately ventilated.
    a. Windows should be open when outside temperature and air quality allow.
    b. Doors and windows used for ventilation must be equipped with securely fastened screens.
    c. The facility must resolve any damp conditions which result in visible mold, mildew, or musty odors before Children may occupy the space.

G. Minimum Usable Space. The Child care Facility must provide a minimum net area of thirty-five (35) square feet of usable space per Child.

  1. Areas not to be calculated as usable space include but are not limited to equipment, hallways, lockers, cubbies, door swings, closets, supply cabinets, corridors, bathrooms, teachers’ spaces, food preparation areas, and offices.
  2. The maximum Child occupancy of any room must not exceed the usable space per Child requirement at any time, except for occasional large group activities as reflected in the written program schedule.