(1) The day care home must have a minimum of 35 square feet per child of indoor space, not including food preparation areas of the kitchen, bathrooms, toilets, offices, staff rooms, corridors, hallways, closets, lockers, laundry areas, furnace rooms, cabinets, and storage shelving spaces, as well as 75 square feet per child of outdoor play space.

(2) Every story of the day care facility that is used for day care purposes shall have at least two remotely located means of egress as defined in ARM 37.95.102(42) . All areas used for day care purposes must have at least one door for egress that is at least 34 inches wide and must also have at least one other means of egress that provides a clear opening of at least 20 inches in width, 24 inches in height and 5.7 sq. feet in area. The bottom of the opening shall not be more than 44 inches above the floor. If windows are used for rescue or exiting purposes, the provider shall have a written and feasible evacuation plan. All exits must be unobstructed at all times.

(3) Remotely located means of egress from each room as required in (2) are not required in buildings protected throughout by an approved, automatic residential sprinkling system, or where the room or space has a door leading directly to the outside of the building.

(4) If basements are used for day care purposes:

(a) in facilities newly licensed on or after the effective date of these rules or for which there is a change in ownership on or after the effective date of these rules each designated area for children's activities must have two means of egress that are remote from each other unless:

(i) the basement areas are protected by an approved, automatic residential sprinkler system; or

(ii) if the basement area contains an approved sprinkling system, then the area is only required to have direct egress from the basement. If children are sleeping in the basement area, then the requirements of (5) apply.

(b) the basement must be dry, well ventilated, warm and well lighted.

(5) All rooms used for napping by children must have at least two means of escape, at least one of which shall be a door or a stairway providing a means of unobstructed travel to the outside of the building at street or ground level to the public way. The second means of escape may be a window which meets the egress requirements of (2) .

(6) Third stories in dwellings must not be used for day care purposes and must be barricaded or locked to prevent entry by children.

(7) Doorways and stairs must be clear of any obstruction.

(8) Every closet door must be such that children can open the door from the inside.

(9) Every bathroom door must be designed to permit the opening of the locked door from the outside in an emergency and the opening device must be readily accessible to the provider.

(10) Protective receptacle covers must be installed on electrical outlets in all areas occupied by children under five years of age.

(11) The home and grounds used by children must be maintained to ensure the following:

(a) the building is in good repair;

(b) the floors, walls, ceilings, furnishings, and other equipment are reasonably clean;

(c) the building and grounds are reasonably free of insects, rodents, and other vermin; and

(d) the children attending the facility shall not be exposed to paint containing lead in excess of .06%.