HFS 46.03 Definitions.

In this chapter:

(1) "Administrator" means the person responsible to the licensee for management of the group child care center.

(2) "Assistant child care teacher" means a child care worker who works under the supervision of a child care teacher and meets the qualifications under s. HFS 46.05 (1) (e).

(3) "Care" means providing for the safety and the developmental needs of a child in a group child care center.

(3m) "Caregiver background check" means the retrieval of information about an individual's past criminal conduct pursuant to s. 48.685, Stats., and ch. HFS 12 that may bear on the suitability of that individual to assume a child caregiving role or have regular contact with children at the center.

(4) "Center director" means the person responsible to the licensee for the supervision of the center's program for children and for the supervision of the center's staff and who meets the qualifications of s. HFS 46.05 (1) (c).

(4m) "Center-provided vehicle" means a vehicle owned or leased by the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

(5) "Child care teacher" means a child care worker who plans, implements and supervises the daily activities for a designated group of children and meets the qualifications under s. HFS 46.05 (1) (d).

(6) "Child care worker" means a child care teacher or assistant child care teacher in a group child care center.

(8) "Complaint" means an allegation that a provision of this chapter or of ch. 48, Stats., has been violated.

(8m) "Course for credit" means a course that is worth at least 2 credits from an institution of higher education.

(9) "Department" means the Wisconsin department of health and family services.

(10) "Division" means the department's division of children and family services.

(10m) "Emergency" means situations such as: fire, tornado, flood, extreme outdoor heat or cold, loss of building service including, no heat, water, electricity, or telephone, threats to the building or its occupants, lost or missing children or a circumstance such as a medical emergency, illness or other situation requiring immediate attention that may be disruptive to a child or children in the care of the center.

(11) "Field trip" means any experience a child has away from the premises of the center while under the care of center staff.

(11g) "Fit and qualified" means displaying the capacity to successfully nurture and care for children and shall not include any of the following:

(a) Abuse of alcohol or drugs.
(b) A history of a civil or criminal conviction or administrative rule violation that substantially relates to caring for children, as described in ch. HFS 12.
(c) Exercise of unsound judgment.

(11r) "Full day center" means a center that accepts children for care for 5 or more consecutive hours in a day.

(12) "Group" means a specific number of children who have a regularly assigned child care worker and who are cared for in the same self-contained room or area at the center.

(13) "Group child care center" or "center" means a facility where a person for less than 24 hours a day provides care and supervision for 9 or more children who are not related to the provider.

(14) "HealthCheck provider" means a provider of health assessment and evaluation services eligible to be certified under s. HFS 105.37 (1) (a).

(14g) "In care" means enrolled in the center, with the center providing supervision, either on or off the premises, for the safety and the developmental needs of the child or children.

(14r) "Inclement weather" means stormy or severe weather such as any of the following:

(a) Heavy rain.
(b) Temperatures above 90_ F.
(c) Wind chills of 0_ F. or below for children age 2 and above.
(d) Wind chills of 20_ F. or below for children under age 2.

(15) "Infant" means a child under one year of age.

(16) "Institution of higher education" means an educational institution which meets all of the following criteria except, in the case of a business school or technical institution, par. (c):

(a) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
(b) Is legally authorized to provide a program of education beyond secondary education;
(c) Provides an education program for which it awards a bachelor's degree or provides not less than a 2-year program which is acceptable for full credit toward that degree; and
(d) Is accredited by a nationally recognized accrediting agency or association or, if not accredited, is an institution whose credits are accepted, on transfer, by not less than 3 institutions which are accredited, for credit on the same basis as if transferred from an institution that is accredited.

(17) "Licensee" means the corporation, individual, partnership or non-incorporated association or cooperative which has legal and financial responsibility for the operation of a child care center and for meeting the requirements of this chapter.

(18) "Licensing representative" means a department employee responsible for licensing group child care centers.

(18m) "Mildly ill" means a child who has a common, temporary illness that is non-progressive in nature and is not listed on the communicable disease chart in appendix A of ch. HFS 145.

(19) "Night care" means any care that is offered by a licensed group child care center between 9:00 p.m. and 5:00 a.m.

(20) "Parent" means either "parent" as defined in s. 48.02 (13), Stats., or "guardian" as defined in s. 48.02 (8), Stats.

(21) "Parent cooperative" means a center organized by parents for their preschool children in which the parents have decision making authority to establish and change policy, program and personnel practices.

(22) "Parochial or private school" means an educational program which meets all the criteria specified under s. 118.165 (1), Stats., or as determined by the superintendent of public instruction under s. 118.167, Stats.

(22g) "Part day center" means a center where a defined group of children attend for a specified period of time that is less than 5 consecutive hours in length.

(22r) "Physical Restraint" means the use of physical force to restrict the free movement of all or part of a child's body.

(23) "Physician" has the meaning prescribed in s. 448.01 (5), Stats.

(24) "Physician assistant" has the meaning prescribed in s. 448.01 (6), Stats.

(25) "Premises" means the tract of land on which a center is located, including all buildings and structures on that land.

(26) "Regularly assigned child care worker" means a child care worker who is assigned to a specific group of children in a self-contained room or area for not less than 5 hours per day.

(26m) "Representative of the department" means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(27) "School-age child" means a child 5 years of age or older who is enrolled in a public school or a parochial or other private school.

(28) "Self-contained room or area" means a room separated by permanent walls or an area separated by permanent or portable partitions or dividers acting as a visual barrier for children which is reserved for a group of children and contains the indoor equipment and furnishings required for that group.

(29) "Sleeping bag" means a padded fabric bag that is closed or capable of being closed on three sides.

(29m) "Sudden infant death syndrome" or "SIDS" means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.

(30) "Supervision of children" means guidance of the behavior and activities of children for their health, safety and well-being by child care workers who are within sight and sound of the children.

(31) "Supervision of staff" means guidance of the behavior and activities of center employees which may include provision of instructions to carry out activities for limited periods of time out of sight or hearing of the supervisor.

(32) "Toddler" means a child at least one year of age but less than 2 years of age.

(33) "Universal precautions" means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health services centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

Note: "Standard precautions" for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA web site at http://www.osha.gov. Information is also available from the Child Care Information Center, 1-800-362-7353.

(34) "Volunteer" means a person who agrees to give time, without compensation, to transport children attending a group child care center or to work with children in a group child care center.

(35) "Wading pool" means a shallow pool, with sides 15 inches or less in height, capable of being dumped to change water and used primarily for small children.

History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (22) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (1), (3), (6), (13), (17), (18), (19), (33) and (34), cr. (3m), (4m), (8m), (10m), (11g), (11r), (14g), (14r), (18m), (22g), (22r), (26m), (29m) and (35), r. (7) Register December 2004 No. 588, eff. 3-1-05.

HFS 46.04 Operational requirements.

(1) TERMS OF A LICENSE.

(a) The number of children at a group day care center at any one time may not exceed the number for which the center is licensed.
(b) The age of children served by a center may not be younger or older than the age range specified in the license.
(c) The hours, days and months of a center's operation may not exceed those specified in the license.

(2) ADMINISTRATION. A group child care center licensee shall do all of the following:

(a) Comply with all laws governing the facility and its operation.
(b) Comply with all requirements of this chapter.
(c) Ensure that all information provided to the department is current and accurate.
(d) If residing in another state, designate in writing, as part of the application under s. HFS 46.12 (2), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.
(e) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
(f) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due and owing prior to receiving a license.
(g) Submit to the department a certificate of insurance reflecting
1. current dates of coverage for all of the following:
a. General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.
b. Vehicle liability insurance, when transportation is provided by the center, with minimums no less than those specified in s. 121.53, Stats.
c. Non-owned vehicle liability insurance when transportation is provided in vehicles not owned by the center, excluding public transportation vehicles and chartered vehicles, with minimums no less than those specified in s. 121.53, Stats.
2. An indication that pets are included in the liability coverage if cats or dogs are permitted in areas of the center accessible to children during the hours of operation.
(h) Develop, submit to the department for review and implement written policies on the following subjects:
1. Fee payments and refunds.
2. Personnel, including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process.
3. Discharge of enrolled children.
(i) Develop, submit to the department for approval and implement as approved written policies and plans, consistent with the requirements of this chapter, on the following subjects:
1. Admission.
2. Health care. If the center is licensed to care for children under one year of age, Sudden Infant Death Syndrome risk reduction procedures shall be included.
3. Education.
4. Nutrition.
5. Child guidance.
6. Contingency plans to be followed in the event of a fire, tornado or other emergency.
7. Continuing education of staff.
8. Orientation of new staff and volunteers.
Note: Under the state public accommodation law, s. 101.22, Stats., as well as federal statutes and regulations related to use of federal funding, and some local anti-discrimination ordinances, denying admission on the basis of race, handicap, religion or certain other characteristics may be illegal.
(j) Ensure that all published statements such as brochures and publicity releases are accurate.
(k) Display the day care license near the entrance or in some other conspicuous area of the center that is accessible to the public.
(L) Post next to the day care center license any rule violations cited by the department in its most recent inspection and any notice of enforcement action including but not limited to license revocation or nonrenewal.
(m) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.

(3) REPORTS. The licensee shall report to the department:

(a) Any death of a child in the care of the center or any accident that results in an injury requiring professional medical treatment while the child is in the care of the center. The department shall receive the report within 48 hours after the occurrence. Note: The licensee may use either the Department's form CFS-0055, Child Care Accident Report, or the licensee's own form to report accidents. Information on how to obtain the Department's form is in Appendix E.
(b) Any damage to the premises which may affect compliance with this chapter, within 24 hours after the occurrence.
(c) A change in the board chairperson, administrator or center director of a day care center, within 30 days after the change.
(d) A change of any program service, at least 5 days prior to the change.
(e) Statistical data required by the department on forms provided by the department.
(f) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.
Note: The licensing representative will notify the licensee if a plan of correction is required and provide the plan of correction format with the notification.
(g) Any known convictions, pending charges or other offenses of the licensee, child care center employees, or other persons subject to checks a caregiver background check which could potentially relate to the care of children at the center or activities of the center.
Note: See s. HFS 46.04 (8) on reporting suspected child abuse, s. HFS 46.04 (6) (c) on maintaining a center medical log book and s. HFS 46.07 (6) (a) 2. on logging injuries in a center medical log.
(h) Any change in room usage, such as changing the way rooms are primarily used by children or using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.
(i) Any incident related to a child who leaves the premises of the center without the knowledge of the provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the occurrence.
(j) Any suspected abuse or neglect of a child by a staff member that was reported under s. HFS 46.04 (8) (a) or any inappropriate discipline of a child by a staff member during the child's hours of attendance within 24 hours after the occurrence.
(k) Any incident involving law enforcement within 24 hours after the occurrence that:
1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.
(L) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.
Note: See s. HFS 46.11 (5) (a) for items that affect a condition of the license.
Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.

(4) PARENTS.

(a) The center administrator shall notify the parents of an enrolled child of all of the following:
1. When their child has been exposed to a diagnosed or suspected communicable disease reportable under ch. HFS 145 and transmitted through normal contact.
2. Immediately, if the child becomes ill or is injured seriously enough to require professional medical treatment.
3. When they pick up the child or when the child is delivered, if the child sustains a minor injury.
4. Of the date, time and destination of any field trip which requires the use of a vehicle.
(b) The center shall permit parents to visit and observe at anytime during the center's hours of operation, unless access is prohibited or restricted by court order.
(c) The center shall make opportunities available at least twice each year for parent and staff communication regarding the child's adjustment to the program, and the child's growth and development.
(d) If religious training is part of the center program, reference to the religious component shall be included in any publicity and in the education policy. This information shall be shared with parents.
(e) The center shall provide a summary of this chapter to the parents of each child upon the child's enrollment.
Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center, 2109 S. Stoughton Rd., Madison, WI 53716, 1-800-362-7353.
(f) A copy of this chapter shall be posted or available in an area of the center where parents are likely to see it.
(g) A copy of the child care policies of the center shall be made available to the parents in an area of the center accessible to parents. Personnel policies need not be included.

(5) STAFF RECORDS.

(a) The licensee shall maintain a file on each employee which is available for examination by the licensing representative at the center. An employee's file shall include all of the following:
1. The employee's name, address, date of birth, education, position, previous work experience in child care including reason for leaving previous positions, and the name, address and telephone numbers of persons to be notified in an emergency.
Note: The licensee may use the Department's form CFS-0053, Child Care Staff Record, or the licensee's own form for recording staff information. Information on how to obtain the Department's form is in Appendix E.
2. A background information disclosure form, completed prior to the employee's first day of employment and every 4 years thereafter, that does not reveal any information which may preclude the person's employment under s. 48.685, Stats., or ch. HFS 12.
Note: The Department's form HFS-64, Background Information Disclosure, is used for reporting employee background information. Information on how to obtain the form is in Appendix E.
3. A complete caregiver background check as specified in s. 48.685, Stats., and ch. HFS 12 including the results of any subsequent investigation related to information obtained as part of the background check within 60 days of employment and every 4 years thereafter.
4. The physical examination report required under s. HFS 46.05 (1) (j) 1.
5. Documentation of the employee's educational qualifications for the position, and of orientation and continuing education received as required under s. HFS 46.05 (2).
Note: The licensee may use either the Department's form CFS-0053A, Child Care Staff Continuing Education Record, or the licensee's own form to document the completion of continuing education. Information on how to obtain the Department's form is in Appendix E.
(b) Adults who work at the center and who are compensated from sources other than the center, and student teachers, shall meet the staff record requirements specified in par. (a) 1., 2. and 3.

(6) CHILDREN'S RECORDS.

(a) The licensee shall maintain a current written record obtained prior to the child's first day of attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record available to the licensing representative on request. Each record shall include all of the following:
Note: The Department's form CFS-2345, Health History and Emergency Care Plan, is used for health history information. Information on how to obtain the form is in Appendix E.
1. Enrollment information consisting of:
a. The name and birthdate of the child.
b. The full names of the child's parents.
c. The child's home address and telephone number.
d. An address and telephone number where a parent can be reached while the child is in care.
e. The name, address, telephone number and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.
f. The name, address and telephone number of a physician or medical facility caring for the child.
g. The names, addresses and telephone numbers of persons other than a parent authorized to call for the child or to accept the child who is dropped off.
h. The child's first day of attendance at the center.
i. For an infant or toddler, a current statement from the parent about the infant or toddler's habits of eating, sleeping, toileting and communication, and specific techniques which appear to comfort the child.
Note: See HFS 46.09 (1) (a) which specifies what written information must be obtained from the parent of an infant or toddler. The licensee may use either the Department's form CFS-0061, Child Care Intake for Child under 2 Years, or the licensee's own form for recording information about each child under 2 years of age. Information on how to obtain the Department's form is in Appendix E.
2. Written consent from the parent for emergency medical care or treatment.
Note: The licensee may use either the Department's form CFS-0062 or CFS-0062A Child Enrollment Form, or the licensee's own form to obtain consent of the child's parent for emergency medical treatment. Information on how to obtain the Department's form is in Appendix E.
3. Authorization from the parent to transport the child to and from the center, when transportation is provided.
Note: The licensee may use either the Department's form CFS-0056, Child Care Center Transportation Permission, or the licensee's own form to obtain authorization to transport children to and from the Center. Information on how to obtain the Department's form is in Appendix E.
4. Authorization from the parent for the child to participate in and be transported for field trips and other activities, if these are part of the center's program.
Note: The licensee may use either the Department's form CFS-0058 or CFS-0058A, Child Care Field Trip or Other Activity Notification, or the licensee's own form for securing parental information. The Department's form CFS -62 and CFS-0062A also contain authorization from a parent to participate in field trips if the center chooses to use that form. Information on how to obtain the Department's form is in Appendix E.
5. Authorization from the parent outlining the plan for a school-age child to come to the center from school, home or other activities and to go from the center to school, home or other activities. Note: The licensee may use either the Department's form CFS-0104, Child Care School-Age Agreement, or the licensee's own form for securing the parent's signed agreement. Information on how to obtain the Department's form is in Appendix E.
6. Documentation of each child's health history on a form provided by the department.
Note: The Department's form CFS-2345 Health History and Emergency Care Plan is used for health history information. Information on how to obtain the form is in Appendix E. 6m. Documentation of each child's immunization history.
Note: The Department's form DPH-4192, Child Care Immunization Record, may be used to record immunization information. An electronic printout from the Wisconsin Immunization Registry, or other registry maintained by a health care provider may be used in place of DPH-4192 or DPH 4192S. Information on how to obtain the form is in Appendix E.
7. Specific informed written consent from the parent for each incident of participation by a child in any research or testing project.
Note: The licensee may use either the Department's form CFS-0057, Child Care Informed Consent for Observation or Testing by an Outside Agency, or the licensee's own form for securing the parent's written consent. Information on how to obtain the Department's form is in Appendix E.
(b) The licensee shall maintain a written record of the daily attendance and date of birth of each child for the length of time the child is enrolled in the program. The hours of arrival and departure for each child shall be recorded if hours of arrival and departure vary among children.
(c) The licensee shall maintain a log or logs for medication and injury and shall record daily any injuries received by a child or medication dispensed to a child, as follows:
1. The log shall be in a book with stitched binding with pages that are lined and numbered. The pages may not be removed or lines skipped.
2. Entries shall be made in ink on the date of occurrence and shall be dated and signed or initialed by the person making the entry.
Note: See s. HFS 46.07 (6) (f) and (j) for information on recording entries in the center medical log book.

(7) CONFIDENTIALITY. The licensee is responsible for the compliance of child care center employees and volunteers with s. 48.78, Stats., and this subsection. The licensee shall ensure that:

(a) Persons having access to children's records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This does not apply to:
1. The parent or a person authorized in writing by the parent to receive the information.
2. Any agency assisting in planning for the child when informed written parental consent has been given.
3. Agencies authorized under s. 48.78, Stats.
(b) A parent, upon request, has access to all records and reports maintained on his or her child.
(c) All records required by the department under this chapter for licensing purposes are available to the licensing representative.

(8) REPORTING CHILD ABUSE.

(a) A licensee, employee or volunteer at a child care center who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1), Stats., shall immediately contact the county department of social services or human services or a local law enforcement agency, as required by s. 48.981, Stats.
(b) The licensee, shall ensure that every employee and volunteer who comes in contact with the children at the child care center has received training every 2 years in all of the following:
1. Child abuse and neglect law.
2. How to identify children who have been abused or neglected.
3. The procedure for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
Note: Failure of the licensee to report known or suspected child abuse or neglect does not lessen the legal duty of a child care employee to report known or suspected cases of child abuse or neglect. Information related to child abuse may be obtained from the Child Care Information Center, 2109 S. Stoughton Rd., Madison, WI 53716, 1-800-362-7353.
Note: See s. HFS 46.04 (3) (j) on reporting suspected abuse of a child by a staff member to the Department.
History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. (2) (c), (f), (g), (i) and (m), (3) (a), (f) and (g), (5) (a), (6) (a) and 6., (7) (intro), (8) (a), (b) (intro), and 3., cr. (3) (h) to (L), (6) (a) 6m., r. and recr. (5) (a) 2. and 3. Register December 2004 No. 588, eff. 3-1-05.

HFS 46.05 Staffing.

(1) RESPONSIBILITIES AND QUALIFICATIONS OF STAFF.

(a) Competency. A child care worker, including the center administrator, center director, child care teachers, assistant teachers, and volunteers counted in the staff to child ratio shall be physically, mentally and emotionally able to provide responsible care for children.
(b) Administrator.
1. The licensee may act as administrator of a group day care center. If the licensee does not act as administrator, the licensee shall designate a person or persons to be the administrator or administrators of the center. The administrator shall be responsible for the center's management, including personnel, finance, physical plant and the day to day operation of the center.
2. An administrator shall:
a. Be at least 21 years of age.
b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.
3. Before a person assumes the position of administrator, the person shall have both of the following:
a. One year of experience as a manager or satisfactory completion of one credit or non-credit department approved course in business or program administration.
b. One year of experience as a center director or child care teacher in a licensed child care center or kindergarten or satisfactory completion of one non-credit department-approved course or one course for credit in early childhood education or its equivalent.
4. If the board of a parent cooperative is responsible for management of a center, the requirements under subds. 2., and 3., do not apply.
(c) Center director.
1. The licensee may act as the center director. If the licensee does not act as center director, the licensee shall designate a person or persons to be the center director for each center location.
2. The center director shall be responsible for the supervision of the planning and implementation of the center's program for children, the supervision of staff at the center, staff meetings and orientation and continuing education for the staff.
3. A center director shall be employed on one of the following schedules:
a. At least 10 hours a week for the exclusive purpose of carrying out center director responsibilities in a single full day center location licensed for 50 or fewer children.
b. At least 20 hours a week for the exclusive purpose of carrying out center director responsibilities in a single full day center location licensed for 51 or more children.
4. A center director shall:
a. Be at least 21 years of age.
b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.
5. Before a person assumes the position of center director for a center licensed to serve 50 or fewer children, the person shall have completed or obtained one of the training and experience combinations shown in Table 46.05-A.

TABLE 46.05-A EDUCATION AND EXPERIENCE QUALIFICATIONS FOR THE DIRECTOR OF A CENTER LICENSED TO SERVE UP TO 50 CHILDREN WHICH MUST HAVE BEEN COMPLETED OR OBTAINED PRIOR TO ASSUMING THE POSITION

Post-Secondary Education Including Degree, License, Credentials or Certificate	Experience in A Licensed Day Care Center Or a Kindergarten
1. 2 noncredit department-approved courses in early childhood education prior to employment.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
2. 2 years of credit from an institution of higher education with at least 3 credits in early childhood education or its equivalent.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
3. 2 courses for credit in early childhood education or its equivalent from an institution of higher education.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
4. One year child care diploma from an institution of higher education.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
5. An associate degree in early childhood education or child care from an institution of higher education.	80 working days as a full-time child care teacher or assistant child case teacher or 120 working days as a half-time child care teacher or assistant teacher.
6. Child development associate credentials issued by the council for early childhood professional recognition.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
7. 30 credits from an institution of higher education, including 2 courses for credit in early childhood education.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
8. Certificate from American montessori society, association Montessori international, or Montessori accreditation council for teacher education.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
9. License from the Wisconsin department of public instruction to act as a pre-kindergarten or early childhood exceptional educational needs teacher.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher.
10. Certificate from the bureau of apprenticeship standards as a child development specialist.	80 working days as a full-time child care teacher or assistant child care teacher or 120 working days as a half-time child care teacher or assistant teacher

6. Before a person assumes the position of center director for
a center licensed to serve 51 or more children, the person shall
have completed or obtained one of the training and experience
combinations shown in Table 46.05-B.

TABLE 46.05-B EDUCATION AND EXPERIENCE QUALIFICATIONS FOR THE DIRECTOR OF A CENTER LICENSED TO SERVE 51 OR MORE CHILDREN WHICH MUST HAVE BEEN COMPLETED OR OBTAINED PRIOR TO ASSUMING THE POSITION

Post-Secondary Education Including Degree, License, Credentials or Certificate	Experience in A Licensed Day Care Center Or a Kindergarten
1. 4 non-credit department-approved courses in early childhood education or its equivalent	2 years as a child care teacher or center director.
2. 2 years of credit from an institution of higher education with at least 12 credits in early childhood education or its equivalent.	2 years as a child care teacher or center director.
3. 4 courses for credit in early childhood education or its equivalent from an institution of higher education.	2 years as a child care teacher or center director.
4. An associate degree in early childhood education or child care from an institution of higher education.	2 years as a child care teacher or center director.
5. 60 credits from an institution of higher education, including 4 courses for credit in early childhood education.	2 years as a child care teacher or center director.
6. License from Wisconsin department of public instruction to act as a pre?kindergarten or early childhood exceptional educational needs teacher.	2 years as a child care teacher or center director.

(d) Child care teacher. 1. A child care teacher shall plan, implement and supervise the daily activities for a group of children.

2. A person who is a child care teacher shall be at least 18 years of age and have completed high school or its equivalent as determined by the Wisconsin department of public instruction.
3. Prior to assuming the position, a person hired to be a child care teacher shall be qualified in one of the training and experiÁencÁe coÁmbiÁnatioÁns sÁhowÁn inÁ TabÁle 46Á.05?ÁC.

TABLE 46.05-C EDUCATION AND EXPERIENCE QUALIFICATIONS FOR A CHILD CARE TEACHER WHICH MUST HAVE BEEN COMPLETED OR OBTAINED PRIOR TO ASSUMING THE POSITION

Post-Secondary Education Including Degree, License, Credentials or Certificate	Experience in A Licensed Day Care Center Or a Kindergarten
1. 2 noncredit department-approved courses in early childhood education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
2. 2 years of credit from an institution of higher education with at least 3 credits in early childhood education or its equivalent.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
3. 2 courses for credit in early childhood education or its equivalent from an institution of higher education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
4. One year child care diploma from an institution of higher education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
5. An associate degree in early childhood education or child care from an institution of higher education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
6. Child development associate credential issued by the council for early childhood professional recognition.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
7. 30 credits from an institution of higher education, including 2 courses for credit in early childhood education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
8. Certificate from American montessori society, association Montessori international, or Montessori accreditation council for teacher education.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
9. License from the Wisconsin department of public instruction to act as a pre-kindergarten or early childhood exceptional educational needs teacher.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.
10. Certificate from the bureau of apprenticeship standards as a child development specialist.	80 working days as a full-time assistant child care teacher or 120 working days as a half-time assistant child care teacher.

Note: Non-credit courses entitled Introduction to the Child Care Profession and Skills and Strategies for the Child Care Teachers offered by agencies approved by the department meet the training requirements specified in item 1 in table 46.05-C.

(e) Assistant child care teacher.
1. An assistant child care teacher shall work under the supervision of a child care teacher with a group of children.
2. A person hired to be assistant child care teacher shall be qualified in one of the following ways:
a. The person shall be at least 18 years old and have satisfactorily completed one non-credit department-approved course in early childhood education or completes that training within 6 months after assuming the position.
Note: Introduction to the Child Care Profession is the name of the non-credit course approved by the Department to meet the entry level training requirements for a child care assistant teacher.
b. The person shall be at least 18 years old and have satisfactorily completed one course for credit in early childhood education or its equivalent at an institution of higher education, or is enrolled in that course within 6 months after assuming the position.
c. The person shall have satisfactorily completed an assistant child care teacher training program approved by the Wisconsin department of public instruction.
3. A parent serving as an assistant child care teacher in a center operated by a parent cooperative is exempt from the training requirements under subd. 2.
(f) Non-credit course criteria.
1. A non-credit course shall involve at least 36 hours of classroom participation or equivalent hours of participation for a correspondence course.
2. Non-credit courses offered to meet the non-credit course requirements specified in this subsection shall be approved by the department prior to being offered. The department may at any time withdraw its approval of a non-credit course.
(g) Certificate. Beginning January 1, 1998 each administrator, center director and child care teacher hired at a center on or after January 1, 1998 shall obtain a certificate from the registry of the Wisconsin early childhood professional recognition system within 3 months after assuming the position as evidence of meeting the education and experience qualifications in this subsection.
Note: Information about how to obtain a certificate may be obtained from The Registry, 2517 Seiferth Rd., Madison, WI 53716 or by calling 608-222-1123.
(h) Substitutes.
1. When a regular required staff member is absent from a center, there shall be a substitute.
2. A substitute employed by the same licensee for more than 240 hours a year shall meet the qualifications of the position in which he or she is to work as a substitute or be currently enrolled in training to meet those qualifications.
3. The center director or designee shall maintain a record of the days and hours worked by each substitute child care worker.
(i) Volunteers and student teachers.
1. Volunteers and student teachers shall participate in the orientation required under sub. (2) (a).
2. A volunteer included in determining staff-to-child ratios shall meet the requirements of the position the volunteer is filling.
3. Volunteers not included in determining staff-to-child ratios shall have at least 2 hours of training in day care programming and procedures before working in the classroom. This includes volunteers working in a center operated by a parent cooperative.
4. The center director or designee shall coordinate the volunteer program and keep on file a schedule of the hours of volunteers who are included in determining staff-to-child ratios.
5. Student teachers who are not employed by the day care center may not be considered by the day care center in determining staff-to-child ratios while gaining their student-teacher experience.
(j) Health qualifications.
1. Except as provided under subd.
2., persons who work directly with children, except volunteers, shall have a health examination within 12 months prior to beginning work at a specific day care center or within 30 days after beginning work at the center. The results of the examination shall be stated on a form provided by the department. The report shall be dated and signed by a licensed physician, physician assistant or HealthCheck provider. The report shall indicate that:
a. The person is free from any communicable disease reportable under ch. HFS 145 which presents a safety or health risk to children, including tuberculosis, and which is transmitted through normal contact.
b. The person is physically able to work with young children.
Note: The Department's form CFS-0054, Child Care Provider Staff Health Report, is used for recording physical examination information. Information on how to obtain the form is in Appendix E.
2. The health examination requirement under subd. 1. does not apply to a person who requests from the department in writing an exemption based upon adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.
3. No licensee, employee, volunteer, visitor or parent with symptoms of serious illness or a communicable disease transmitted through normal contact reportable under ch. HFS 145 which presents a present safety or health risk to children may be in contact with the children in care.
4.
a. No licensee, employee, volunteer, visitor, or parent whose behavior gives reasonable concern for the safety of children may be in contact with the children in care.
b. The department may require a licensee, employee or other person in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.
Note: See also s. HFS 46.11 (1) (f) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical or mental health of a person may endanger children in care.
5. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate tests that the person is not a carrier of the disease.

(2) STAFF DEVELOPMENT.

(a) Orientation. Except as provided under subd. 2., each center shall develop and implement a written orientation program which all new employees, substitutes and regularly scheduled volunteers shall complete and document within their first week at the center. The orientation program shall cover all of the following:
1. Review of this chapter.
2. Review of center policies required under s. HFS 46.04 (2) (h) and (i).
3. Review of the center contingency plans required under s. HFS 46.04 (2) (i), including fire and tornado evacuation plans and the operation of fire extinguishers.
4. First aid procedures.
5. Job responsibilities in relation to the job description.
6. Training in the recognition of childhood illnesses and infectious disease control, including handwashing procedures and universal precautions for handling body fluids.
Note: A copy of the universal precautions may be obtained from the Child Care Information Center by calling 800-362-7353 or from the Occupational Health Section, Bureau of Public Health, 1 W. Wilson St., Madison, Wisconsin 53703.
7. Schedule of activities of the center.
8. Review of child abuse and neglect laws and center reporting procedures.
9. The procedure for ensuring that all child care workers know the children assigned to their care and their whereabouts at all times.
10. Child management techniques.
11. Procedure for sharing information related to a child's special health care needs including any physical, emotional, social or cognitive disabilities with any child care worker who may be assigned to care for that child throughout the day.
Note: The licensee may use the Department's form CFS-2026, Group Child Care Staff Orientation Checklist for documenting staff orientation. Information on how to obtain the Department's form is in Appendix E.
12. Review of procedures to reduce the risk of sudden infant death syndrome prior to an employee's or volunteer's first day of work, if the center is licensed to care for children under one year of age.
Note: The licensee may use the Department's form CFS-2026, Group Child Care Staff Orientation Checklist for documenting staff orientation. Information on how to obtain the Department's form is in Appendix E.
(b) Staff meetings. To ensure that staff have the opportunity to receive pertinent information and clarification of problems and issues, each center shall conduct staff meetings at least 9 times in a calendar year or one time for each month of center operation and document that staff meetings have been held.
(c) Continuing education.
1. Each administrator, center director and child care worker who works more than 20 hours a week shall participate in at least 25 hours of continuing education each year.
2. Each administrator, center director and child care worker who works 20 or fewer hours a week shall participate in at least 15 hours of continuing education each year.
3. Continuing education hours may be used to meet the continuing education requirement during the year in which the hours are earned and for the 2 years following that year.
4. Continuing education courses taken for credit through an institution of higher education may be used to meet the continuing education requirement during the year the credits were earned and for the following 2 years.
5. Assistant child care teachers who are currently enrolled in their first entry level course are not required to earn continuing education hours for that calendar year.
6. All staff members in regular contact with children shall obtain and maintain a current certificate of completion for infant and child cardiopulmonary resuscitation within 6 months after beginning to work with children. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours.
7. Types of training acceptable to meet continuing education requirements shall be limited to:
a. Formal courses resulting in credits or continuing education units.
b. Workshops, conferences, seminars, lectures, correspondence courses and home study courses.
c. Training offered by the child care center through the use of guest or staff trainers.
d. Documented observation time in other early childhood programs.
8. Continuing education experiences may be in the areas of early childhood education, child development, child guidance, health, caring for children with special needs, first aid, nutrition as it pertains to child development, supervision of staff or the business or administrative aspects of the operation of a child care center or in communication skills.
9. Independent reading and watching of educational materials may be counted for up to 5 hours of continuing education per year for each person required under par. (c) 1. to have 25 hours of continuing education, and up to 2.5 hours of continuing education per year for each person required under par. (c) 2. to have 15 hours of continuing education.
10. Each administrator and center director shall complete at least 10 hours of training in supervision or personnel management within one year of assuming the position as part of the annual continuing education requirement, if they have not previously received that training.
Note: The licensee may use either the Department's form CFS-0053A, Child Care Staff Continuing Education Record, or the licensee's own form to document the completion of continuing education. Information on how to obtain the Department's form is in Appendix E.
(d) Food service personnel orientation and training. The center shall provide food service personnel with the orientation under par. (a) and shall document annual training of at least 4 hours in kitchen sanitation, food handling and nutrition.

(3) SUPERVISION.

(a) At least one child care teacher shall supervise each group of children.
(b) Assistant child care teachers who have completed the training required for the position may provide supervision to children in full day care centers for opening and closing hours, not to exceed the first 2 hours and the last 2 hours of center operation.
(c) Each child shall be closely supervised by a child care worker.
(d) A child care worker may not provide care to children at the center more than 10 hours in any 24-hour period.
(e) A child may not be in care more than 12 hours in any 24-hour period.
(f) The center shall implement a procedure to ensure that the number and names of children in care are known to assigned child care workers at all times.
(g) A child may not be released to any person who has not been previously authorized by the parent.

(4) STAFFING AND GROUPING.

(a) The maximum number of children in a group may not exceed the number specified in Table 46.05-D.
(b) The ratio of child care workers to children may not be less than the minimum number of child care workers to children specified in Table 46.05-D.

TABLE 46.05-D MAXIMUM GROUP SIZE AND MINIMUM NUMBER OF CHILD CARE WORKERS IN GROUP DAY CARE CENTERS

Age of Children	Minimum Number of Child Care Workers to Children	Maximum Number of Children in a Group
Birth to 2 Years	1:4	8
2 years to 2 1/2 Years	1:6	12
2 1/2 Years to 3 Years	1:8	16
3 Years to 4 Years	1:10	20
4 Years to 5 Years	1:13	24
5 Years to 6 Years	1:17	32
6 Years and Over	1:18	32

(c) When 8 or fewer children are present in a center, there shall be a second adult available within 5 minutes for emergencies. The center shall maintain a signed and dated statement from that person, including address and telephone number, certifying that the person is available and agrees to serve if needed.
(d) Maximum group size does not apply to field trips, outdoor play areas, pools and areas of the center reserved exclusively for eating, but staff-to-child ratios shall be maintained in those settings.
(e) During naptime, an adjustment in group size and staff-to-child ratios in Table 46.05-D may be made as follows:
1. One child care worker shall be within sight or sound of each group of sleeping children. If at least one child is awake, sight and sound supervision of awake children is required.
2. Adult-to-child ratios shall be maintained in the center during naptime.
3. Maximum group size requirements do not apply to napping groups.
(f) When there is a mixed-age group, the staff-to-child ratio shall be adjusted on a prorata basis, according to age.
Note: The licensee may use the Department's form CFS-0078, Child Care Staff-Child Ratio Worksheet - Group Child Care Centers, to adjust the staff-to-child ratio. Information on how to obtain the Department's form is in Appendix E.
(g) When infants and toddlers are part of a mixed-age group, the size of the group may not exceed 8.
(h) When the group of children is a mixed age group of children 2 years and older, the group size shall be determined by the number of children that can be cared for by 2 child care workers as determined by the staff-to-child prorata requirement under par. (f).
(i) In a center with 9 or more children present, there shall be at least 2 adults available in the center at all times. At least one of the adults shall be a child care worker directly involved in the supervision and care of the children.
(j) When 9 or more children are on a field trip there shall be at least 2 adults accompanying the children and the staff-to-child ratios in Table 46.05-D shall be maintained. At least one of the adults shall be a child care teacher.
(k) Support staff, such as clerical, housekeeping and food service staff, may only be considered in determining the staff-to-child ratios:
1. During those hours when they give full attention to the care and supervision of children.
2. If they meet the qualifications for a child care worker.
(L) Child care workers shall be free of non-classroom duties when they are counted in meeting the staff-to-child ratios.
(m) Children of staff who attend the center and who are on the premises for supervision and care shall be included in determining group size and staff-to-child ratios.
History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; reprinted to correct error in Table, Register, February, 1997, No. 494; reprinted to correct error in Table, Register, March, 1997, No. 495; CR 03-052: r. and recr. (title), (1) (a), (1) (j) 3., (2) (c) 3. to 7., am. (1) (b) 3. b., (c) 5. (intro.), Table 46.05-A, (6) (intro.), Table 46.05-B, (d) 3., Table 46.05-C, (2) (a) (intro.), 3., 6., 8., 11., (4) (e) (intro.) and 1., r. (1) (c) 5. a. to i. and 6. a. to f., (1) (d) 3. a. to i., renum. (1) (j) 4. to be 5., cr. (1) (j) 4. a. and b., (2) (a) 12., (2) (c) 8. to 10., (3) (g) Register December 2004 No. 588, eff. 3-1-05.

HFS 46.06 Physical plant and equipment.

(1) BUILDING.

(a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a report of inspection of the building, which specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center.
Note: Inspections can be obtained by a commercial building inspector employed by a municipality certified by the Wisconsin Department of Commerce, an commercial building inspector certified by the Department of Commerce in accordance with chapter Comm 5, "Licenses, Certifications, and Registration," or a Wisconsin architect registered in accordance with chapter A-E 3, Architect Registration, or a Wisconsin engineer registered in accordance with chapter A-E 4, Professional Engineer Registration.
Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.
(b) The department shall be given written notice of proposed construction, remodeling of existing space or change in rooms to be used by children prior to the initiation of the changes.
(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open.
(d) The inside temperature may not be less than 67_F.
(e) If the inside temperature exceeds 80_F., the licensee shall provide for air circulation with fans or by other means.

(2) PROTECTIVE MEASURES.

(a) The indoor and outdoor premises shall be free of hazards.
(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them.
(c) Firearms, ammunition and other potentially dangerous items may not be kept on the premises.
(d) Materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs and other articles hazardous or poisonous to children shall be in properly marked containers and stored in areas inaccessible to children.
(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call.
(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local rescue squad, fire department, police department or other law enforcement agency, poison control center and emergency medical service posted near each telephone. In this paragraph, "telephone" does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.
(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow.
(h) Smoking is prohibited on the premises of the center when the children are present.
Note: See s. HFS 46.03 (25) for the definition of premises.
(i) A licensee, employee, volunteer or other individual in contact with children may not consume alcoholic beverages or any non-prescribed controlled substances specified in ch. 961, Stats., on the premises of the center or be under the influence of any alcohol or non-prescribed controlled substance, during the hours of the center's operation.
(j) Children may not be allowed in an area where power tools are in use.
(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
(L) If a hot tub is located in a room or area not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

(3) EMERGENCIES. Each center shall have a written plan for responding to a fire, tornado, a tornado warning or other emergency. A center shall do all of the following:

(a) Post the plan and practice implementing it monthly.
(b) Make sure that all staff members know what their duties are if there is a fire, tornado, tornado warning, or other emergency.
(c) Keep a written record of dates and times of the monthly fire or tornado practice.
Note: The licensee may use the Department's form CFS-00543, Group Child Care Center Fire and Safety Checklist, to record dates and times of the monthly fire or tornado practice. Information on how to obtain the form is in Appendix E.

(4) FIRE PROTECTION.

(a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection.
(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.
(c) Each floor used by children shall have at least 2 exits.
(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.
(e) An extension cord may not be used permanently with an appliance.
(f) No more than 2 electrical appliances may be plugged into any one wall outlet.
(g) The door to the basement and furnace room shall be closed.
(h) Areas under stairs may not be used for storage.
(i) All exit lights shall be lit at all times.
(j) Fire alarms and smoke detectors shall be maintained in good working order and shall be tested weekly and a record shall be kept of the test results.
Note: The licensee may use the Department's form CFS-00543, Group Child Care Center Fire and Safety Checklist, to document the results of the weekly testing of fire alarms and smoke detectors. Information on how to obtain the form is in Appendix E.
(k) Unvented gas, oil or kerosene space heaters are prohibited.

(5) SANITATION.

(a) The premises shall be free from litter, clean and in good repair.
(b)
1. There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children.
2. No lead-based paint or other toxic finishing material may be used.
(c) Garbage containers in the building shall be rigid, covered, watertight and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight- fitting covers and shall be disposed of as necessary to prevent decomposition or overflow.
(d) Furnishings, toys, cots and other equipment shall be washed or cleaned when they become soiled. Eating surfaces shall be washed and sanitized before and after each use.
(e)
1. Toilet rooms and fixtures shall be in a sanitary condition at all times.
2. Potty chair receptacles shall be emptied and rinsed and the potty chair and receptacle shall be disinfected immediately after each use with a chlorine bleach solution of one tablespoon to one quart of water, made fresh daily.
(f) Windows and doors that are used for ventilation shall be screened.
(g) The premises shall be maintained to prevent the entrance or harborage of vermin.

(6) WATER.

(a) A safe supply of drinking water shall be available to children at all times from a drinking fountain of the angle jet type or by use of disposable cups. Common use of drinking cups is prohibited.
(b) If the center gets its water from a private well, the following shall apply:
1. Water samples from the well shall be tested annually for lead and bacteria by a laboratory certified under ch. HSS 165 and found bacteriologically safe. The laboratory report shall be available to the department upon request.
2. A center serving children under 6 months of age shall have the water tested annually for nitrate levels.
3. If water test results indicate the water is bacteriologically unsafe or has nitrate levels that exceed the recommended limits, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
Note: Centers using a private well that serves at least 25 of the same people over 6 months of the year are considered to have a non-transient non community water system (NTNC) and must be in compliance with Chapter NR 809, Safe Drinking Water Act Standards. Contact the nearest Department of Natural Resources from the list at: www.dnr.state.wi.us/org/caer/cs/ServiceCenter/SSbyRegion.html

(7) INDOOR SPACE.

(a) The space used by children shall be no less than 35 square feet of usable floor space for each child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas, isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and areas not at all times available to children, including areas used exclusively for large muscle activity, napping or eating.
(b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.

(8) FURNISHINGS.

(a) Furnishings shall be durable and safe, with no sharp, rough, loose or pointed edges.
(b) Tables and seating shall be scaled to the proper height and size for the children's comfort and reach.
(c)
1. Except as provided in subd. 2., in a center where meals are served, seating shall be at least equal to the licensed capacity of the center, excluding infants, so that the children can be served at the same time, and there shall be space at a table for each child.
2. In a center where meals are served in a central lunchroom, seating and tablespace shall be at least equal to the number of children to be served in a shift.
(d) Shelves shall be provided for equipment and supplies in rooms used by children. Equipment and supplies shall be arranged in an orderly fashion so that children may select, use and replace items.
(e) There shall be sufficient storage space for clothing and personal belongings to accommodate the clothing and personal belongings of as many children as are in the licensed capacity of the center. For children 2 years of age and older, the space for outer garment storage shall be at child level.
(f) A safe, washable cot, bed, two-inch thick mat or sleeping bag shall be provided for each child 12 months old or older who naps or sleeps.
(g) A safe, washable crib or playpen shall be provided for use of each child less than 12 months old who naps or sleeps. A crib or playpen shall be washed and disinfected between changes in occupancy.
Note: See Appendix D for information on safe cribs and playpens.

(9) KITCHENS.

(a) Equipment and utensils.
1. When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.
2. All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condition.
3. Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.
4. After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.
5. Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.
6. Infant bottles and nipples may not be reused without first being cleaned and sanitized.
(b) Dishwashing procedures.
1. All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.
2. All utensils and dishes shall be scraped, sorted and prewashed under running water.
3. For manual washing of dishes and utensils, a 3-step procedure shall be used:
a. Wash in water between 110_ and 125_F., using an effective soap or detergent.
b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.
c. Sanitize by submerging dishes and utensils for at least 2 minutes in 11/2 teaspoons of bleach per gallon of water or another solution of a sanitizer approved by the department.
4. For mechanical washing of dishes and utensils, one of the following shall apply, as appropriate:
a. Wash at 130_ to 150_F. for at least 20 seconds, using an effective cleaning agent, and rinse and sanitize at 180_F. for 10 seconds or more, using an automatic rinse injector.
b. For washing in home-type dishwashers with a temperature setting of between 130_ and 150_F., dishes and utensils shall be washed and rinsed in the dishwasher and sanitized by submerging dishes and utensils for at least 2 minutes in 11/2 teaspoons of bleach per gallon of water or another solution of a sanitizer approved by the department.
c. For washing in commercial spray-type dishwashing machines using a chemical sanitizer in the final rinse, the dishes and utensils shall be washed, rinsed, and sanitized in the dishwasher according to the machine manufacturer's operating instructions.
5. Readily-visible temperature gauges shall be located in the wash compartment of all mechanical dishwashers and in the rinse water line of spray-type mechanical dishwashers or in the rinse tank of an immersion-type dishwasher.
6. All dishes and utensils shall be air-dried in racks or baskets or on drain boards.
Note: A list of approved sanitizers is available from the Bureau of Environmental Health, Division of Public Health, P.O. Box 309, Madison, Wisconsin 53701.
(c) Food sources.
1. Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from an inspected source.
2. Only milk and milk products which are pasteurized and meet the Grade A milk standards of the Wisconsin department of agriculture, trade, and consumer protection may be served or used.
3. No food prepared for meals may be served unless it is prepared on the premises, prepared in a central kitchen operated by the day care center and inspected and approved by the licensing representative or in another location licensed under ch. HFS 196. 3m. Meals shall be prepared on the premises, in a central kitchen operated by the child care center or in another location that has been inspected by a representative of a state agency.
Note: Chapter HFS 196 of the administrative rules address restaurants and other public eating establishments. Chapter ATCP 75 of the administrative rules address retail food establishments.

Chapter HFS 46.03 GROUP CHILD CARE CENTERS FOR CHILDREN (3/1/2005)

HFS 46.01 Authority and purpose.

HFS 46.02 Applicability.

HFS 46.03 Definitions.

HFS 46.04 Operational requirements.

HFS 46.05 Staffing.

HFS 46.06 Physical plant and equipment.