15A NCAC 18A .2834       COMPLIANCE, INSPECTIONS AND REPORTS

(a)  When requested by a child care operator or the Division of Child Development, a sanitation inspection shall be conducted by the local health department within 30 days.

(b)  Unannounced inspections of child care centers shall be made by the Department at least once each six-month period. The evaluation shall be completed on the Sanitation Standards Evaluation Form for Child Care Centers provided by the Department.  Other versions of the form, including electronic, are allowed but shall be duplicates of the Sanitation Standards Evaluation Form for Child Care Centers.  An original and two copies of the form shall be completed by the Department.  The original shall be submitted to the Division of Child Development.  The child care center operator and the Department shall each retain a copy.

(c)  The Department shall inspect each child care program that has been designated as a child care center by the Division of Child Development.  Demerits shall be assigned for each occurrence of violations within these requirements:

(1)           violation of Rules .2803 or .2836 of this Section related to handwashing when required shall be assessed five demerits;

(2)           violation of Rule .2803 of this Section related to proper handwashing procedures shall be assessed five demerits;

(3)           violation of Rule .2804 of this Section related to food from approved sources, no spoilage, or adulteration shall be assessed six demerits;

(4)           violation of Rules .2804, .2806, or .2807 of this Section related to potentially hazardous food meeting storage and holding temperatures; and refrigeration of bottles and lunches at 45° F or below shall be assessed six demerits;

(5)           violation of Rules .2806, .2807, .2808, or .2836 of this Section related to food properly stored, thawed, prepared, cooked, cooled, handled, served, transported, packaged, and identified, and only supervised children in the kitchen shall be assessed five demerits;

(6)           violation of Rule .2808 of this Section related to food not re-served shall be assessed three demerits;

(7)           violation of Rule .2807 of this Section related to food thermometers provided and accurate shall be assessed two demerits;

(8)           violation of Rules .2809 or .2810 of this Section related to food service equipment and utensils meeting specifications for refrigeration, sinks, lavatories and dishwashing equipment shall be assessed six demerits;

(9)           violation of Rules .2809 or .2810 of this Section related to food service equipment and utensils meeting specifications for other equipment and utensils, approved material and construction shall be assessed four demerits;

(10)         violation of Rules .2809 or .2812 of this Section related to food contact surfaces properly washed, rinsed, sanitized and air dried; and single-service articles not re-used shall be assessed five demerits;

(11)         violation of Rule .2812 of this Section related to sanitizer provided and test kit available shall be assessed two demerits;

(12)         violation of Rule .2812 of this Section related to equipment and non-food contact surfaces clean and in good repair shall be assessed four demerits;

(13)         violation of Rule .2814 of this Section related to proper storage and handling of clean equipment, utensils, and single-service articles shall be assessed three demerits;

(14)         violation of Rule .2815 of this Section related to water supply and drinking water facilities meets 15A NCAC 18A .1700 or 15A NCAC 18C, whichever is applicable, and documentation provided shall be assessed six demerits;

(15)         violation of Rule .2815 of this Section related to hot water supplied and maintained in the kitchen shall be assessed six demerits;

(16)         violation of Rule .2815 of this Section related to hot water supplied and tempered water maintained as required in all other areas shall be assessed four demerits;

(17)         violation of Rule .2815 of this Section related to hot water in excess of 120° F not allowed in areas accessible to children shall be assessed six demerits;

(18)         violation of Rule .2815 of this Section related to backflow prevention provided, no cross connections shall be assessed three demerits;

(19)         violation of Rules .2815 or .2836 of this Section related to drinking fountains of approved type, pressure regulated, clean shall be assessed two demerits;

(20)         violation of Rule .2816 of this Section related to identified lead poisoning hazards as defined under G.S. 130A-131.7(7) shall be assessed six demerits;

(21)         violation of Rules .2817, .2818 or .2836 of this Section related to toilet and lavatory facilities properly sized, located and accessible, and in good repair; sinks, toilets and potty chairs cleaned and disinfected shall be assessed four demerits;

(22)         violation of Rules .2817 or .2818 of this Section related to soap, approved hand drying devices, and toilet tissue available shall be assessed three demerits;

(23)         violation of Rules .2817 or .2818 of this Section related to approved storage in toilet rooms, lavatories free of storage; and handwash signs posted shall be assessed two demerits;

(24)         violation of Rules .2817, .2819 or .2836 of this Section related to approved diaper changing facilities shall be assessed six demerits;

(25)         violation of Rule .2819 of this Section related to diapering surfaces cleaned and disinfected after each use shall be assessed six demerits;

(26)         violation of Rule .2819 of this Section related to cleaning and disinfecting solutions provided and test kit available when required shall be assessed two demerits;

(27)         violation of Rules .2818, .2819 or .2820 of this Section related to diaper changing facilities free of storage and in good repair; cleaning and disinfecting solutions labeled; approved diapering methods used; and diaper changing and handwash signs posted shall be assessed four demerits;

(28)         violation of Rule .2820 of this Section related to medications properly stored shall be assessed six demerits;

(29)         violation of Rule .2820 of this Section related to hazardous products properly stored and locked shall be assessed six demerits;

(30)         violation of Rule .2820 of this Section related to non-hazardous products properly stored shall be assessed three demerits;

(31)         violation of Rule .2820 of this Section related to facilities provided for proper storage, used and kept clean shall be assessed two demerits;

(32)         violation of Rules .2821 or .2836 of this Section related to individual linen provided; adequate beds, cots, or mats provided, in good repair, properly stored, labeled, and spaced during use shall be assessed three demerits;

(33)         violation of Rule .2821 of this Section related to linen, bedding, wash cloths, bibs and burping cloths laundered and in good repair shall be assessed three demerits;

(34)         violation of Rules .2822 or .2836 of this Section related to toys, equipment and furniture clean and in good repair; water play centers cleaned, sanitized and maintained shall be assessed four demerits;

(35)         violation of Rules .2822 or .2836 of this Section related to mouth-contact surfaces cleaned and sanitized in rooms where children who are not toilet trained are cared for shall be assessed four demerits;

(36)         violation of Rules .2808 or .2823 of this Section related to personnel using approved hygienic practices, clean clothes and hair restraints where required, and evidence of tobacco use in the outdoor learning environment or in any part of a child care center without a separate ventilation system shall be assessed two demerits;

(37)         violation of Rules .2824, .2825 or .2836 of this Section related to floors, walls and ceilings easily cleanable, in good repair, clean, carpets vacuumed and extraction cleaned as required shall be assessed four demerits;

(38)         violation of Rule .2826 of this Section related to the lighting and thermal environment and room temperature between 65°F and 85°F shall be assessed three demerits;

(39)         violation of Rule .2826 of this Section related to equipment clean and in good repair and maintained as required shall be assessed two demerits;

(40)         violation of Rule .2827 of this Section related to persons with a communicable disease or a condition excluded in accordance with 15A NCAC 19A .0200 shall be assessed six demerits;

(41)         violation of Rules .2827 or .2836 of this Section related to persons caring for sick or mildly ill children excluded from situations in which transmission of communicable disease can be expected to occur shall be assessed four demerits;

(42)         violation of Rule .2827 of this Section related to the designated area for sick children maintained as required shall be assessed two demerits;

(43)         violation of Rule .2829 of this Section related to wastewater disposed of by approved methods in accordance with 15A NCAC 18A .1900 shall be assessed six demerits;

(44)         violation of Rules .2830 or .2836 of this Section related to solid waste properly handled; containers and cleaning equipment kept clean, and can cleaning facilities adequate shall be assessed two demerits;

(45)         violation of Rule .2831 of this Section related to approved pesticides properly used and new Chromated Copper Arsenate (CCA) pressure-treated wood shall be assessed six demerits;

(46)         violation of Rule .2831 of this Section related to Chromated Copper Arsenate pressure-treated wood sealed and soil covered or inaccessible as required shall be assessed two demerits;

(47)         violation of Rule .2831 of this Section related to animals in food preparation areas and no unrestrained or prohibited animals except as noted shall be assessed three demerits;

(48)         violation of Rules .2831 or .2832 of this Section related to effective control of rodents, insects and other vermin; premises free of vermin harborage and breeding areas shall be assessed three demerits;

(49)         violation of Rule .2832 of this Section related to premises clean and drained, equipment in good repair, sandboxes properly constructed and clean, and adherence to air quality forecast outdoor activity restrictions shall be assessed two demerits; and

(50)         violation of Rule .2833 of this Section related to swimming and wading pools designed, constructed, operated and maintained in accordance with 15A NCAC  18A .2500 shall be assessed six demerits.

(d)  The Department shall indicate on the Child Care Inspection Sanitation Form whether the center is superior, approved, provisional, or disapproved.  A Sanitation Classification placard shall be posted in the center in a conspicuous place designated by the Department. The classification of a child care center is based on the center's compliance with the Rules of this Section.  A summary classification of disapproved shall be issued and forwarded to the Division of Child Development when the right-of-entry to inspect is denied or when an inspection is discontinued at the request of the operator or administrator unless the decision to discontinue the inspection is mutual.  A summary classification of disapproved shall also be issued and forwarded to the Division of Child Development when a water sample is confirmed positive for fecal coliform, total coliform or other chemical constituents in accordance with 15A NCAC 18A .1725.

(e)  The child care center's compliance is indicated by the number of demerits on the Child Care Sanitation Inspection Form.

(1)           When an inspection is requested and conducted for the purpose of issuing a license to a new operator, a Child Care Sanitation Inspection Form shall be forwarded to the Division of Child Development only when the child care center can be granted a superior classification.  If the center is not yet open and children are not in attendance when the initial inspection is conducted, a Child Care Sanitation Inspection Form shall be completed and forwarded to the Division of Child Development, but the Sanitation Classification placard shall not be posted.  Another sanitation inspection shall be conducted when children are in attendance within 30 days of opening and the Sanitation Classification placard shall then be posted.  When a temporary license is issued as a result of a change of ownership in a child care center that continues to operate, the operator shall request an inspection from the Department within fourteen days.  A sanitation classification placard shall be posted after each inspection of a center operating under a temporary license.

(2)           A child care center shall be classified as superior if the demerit score does not exceed 15 and no 6-point demerit item is violated.

(3)           A child care center shall be classified as approved if the demerit score is more than 15 and does not exceed 30, and no 6-point demerit item is violated.

(4)           A child care center shall be classified as provisional if any 6-point demerit item is violated or if the total demerit score is more than 30 but does not exceed 45.  The provisional classification period shall not exceed seven days unless construction or renovation is necessary to correct any violation, in which case the Department may specify a longer provisional classification period.

(5)           A child care center shall be classified as disapproved if the demerit score is more than 45, or if conditions which resulted in a provisional classification have not been corrected in the time period specified by the Department.

(6)           If the child care center receives a disapproved classification, the Department shall immediately notify the Division of Child Development by faxing a copy of the inspection form.

(7)           The Sanitation Classification placard shall not be removed except by or upon the instruction of the Department.

(f)  If the Department determines that conditions found at the child care center at the time of any inspection or visit are dangerous to the health of the children, the Department shall immediately notify the Division of Child Development by verbal contact.  The original inspection report or other documentation of the dangerous conditions shall be sent to the Division of Child Development within two working days following the inspection.

(g)  The Department may conduct an inspection of any child care center as frequently as necessary in order to ensure compliance with the Rules in this Section.

(h)  The Department shall use the Child Care Sanitation Inspection Form to document demerits for violations of the rules. A written explanation and corrective action for each violation shall be documented on a comment addendum form.

(i)  In filling out the inspection form, demerits may be assessed only once for a single occurrence or condition existing within or outside the child care center.  Demerits shall be assessed based on actual violations of the Rules of this Section observed during the inspection.

 

History Note:        Authority G.S. 110‑88; 110‑91;

Eff. July 1, 1991;

Amended Eff. February 1, 1995;

Temporary Amendment Eff. April 15, 1998;

Amended Eff. July 1, 2006; January 1, 2006; April 1, 1999.