NAC432A.250. Building and grounds.

     1. Except as otherwise provided in this subsection, subsection 3 and NRS 432A.078, in each facility there must be:

     (a) At least 35 square feet of indoor space for each child, exclusive of bathrooms, halls, kitchen, stairs, storage spaces, multipurpose rooms and gymnasiums that are not regularly used.

     (b) At least 37 1/2 square feet of outdoor play space for each child, as determined by the maximum number of children stated on the license for the facility. An accommodation facility need not provide outdoor play space.

     2. Each facility shall:

     (a) Ensure that each room of the facility which is used by children is:

          (1) Maintained free of drafts and at a temperature that is not less than 65 degrees Fahrenheit and not more than 82 degrees Fahrenheit during the months of October through March and at a temperature that is not less than 68 degrees Fahrenheit and not more than 82 degrees Fahrenheit during the months of April through September; and

          (2) Heated, cooled and ventilated to maintain the temperatures required in this paragraph and to avoid the accumulation of odors and fumes;

     (b) Ensure that electrical devices or electrical apparatuses which are accessible to children are not located near any type of water source, including, without limitation, any sink, tub, shower area or wading pool; and

     (c) Install nonflammable barriers, including, without limitation, permanent guards or shields to cover heating units, including, without limitation, hot water heating pipes and baseboard heaters with a surface temperature that is hotter than 100 degrees Fahrenheit, to ensure that those heating units are inaccessible to children.

     3. A facility that provides care for ill children must have:

     (a) At least 50 square feet of indoor space for each child, as determined by the maximum number of children stated on the license for the facility, exclusive of bathrooms, halls, kitchen, stairs and storage spaces.

     (b) A separate ventilation system if the facility is attached to another building.

     4. The play area of each facility must:

     (a) Be fenced or enclosed in a manner that prevents the unsupervised departure of children from the area;

     (b) Have an adequate drainage system;

     (c) Be free of hazards, debris and trash;

     (d) If it is an outdoor play area, provide, during the months of April through September, a shade area or shade areas that are at least equal in size to the product of 5 square feet multiplied by the total number of children in the outdoor play area;

     (e) Have appropriate, as determined by the Division, depths and perimeters of resilient surfacing underneath and surrounding any elevated play equipment;

     (f) Have adequate safety barriers around any elevated platforms;

     (g) Not have any dangerous or poisonous plants or other vegetative matter located within the boundaries of the play area or in an area that is accessible to children from the play area;

     (h) Not be in a location where any bodies of water are accessible to children; and

     (i) If it has playground equipment, have only equipment that is:

          (1) In good repair;

          (2) Designed and constructed to minimize injury;

          (3) Compatible with the age of the children in the care of the facility;

          (4) Spaced to reduce accidents; and

          (5) Securely anchored.

     5. If a facility that provides care for ill children is a component of a child care center and provides outdoor play space, the play space must:

     (a) Be separate from the play space for well children;

     (b) Meet the requirements of paragraph (b) of subsection 1; and

     (c) Meet the requirements of subsection 4.

     [Bd. for Child Care, Child Care Facilities Reg. § 3.6, eff. 2-28-80]—(NAC A 3-11-92; 11-1-94; R203-97, 4-1-98; R032-07, 4-23-2009)

Notation

REVISER’S NOTE.

      The regulation of the Board for Child Care filed with the Secretary of State on April 23, 2009 (LCB File No. R032-07), which amended this section, contains the following provision not included in NAC:

      “1.  A child care facility is exempt from the provisions of paragraph (e) of subsection 4 of NAC 432A.250, as amended by section 9 of this regulation, until the date for compliance with those provisions established by the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services [now the Division of Public and Behavioral Health] or an agency for the licensing of child care facilities established by a county or city, as applicable.

      2.  As used in this section, “child care facility” has the meaning ascribed to it in NAC 432A.060.”