[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1304.53]

[Page 142-144]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1304_PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD START 
 
                 Subpart D_Program Design and Management
 
Sec.  1304.53  Facilities, materials, and equipment.

    (a) Head Start physical environment and facilities. (1) Grantee and 
delegate agencies must provide a physical environment and facilities 
conducive to learning and reflective of the different stages of 
development of each child.
    (2) Grantee and delegate agencies must provide appropriate space for 
the conduct of all program activities (see 45 CFR 1308.4 for specific 
access requirements for children with disabilities).
    (3) The center space provided by grantee and delegate agencies must 
be organized into functional areas that can be recognized by the 
children and

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that allow for individual activities and social interactions.
    (4) The indoor and outdoor space in Early Head Start or Head Start 
centers in use by mobile infants and toddlers must be separated from 
general walkways and from areas in use by preschoolers.
    (5) Centers must have at least 35 square feet of usable indoor space 
per child available for the care and use of children (i.e., exclusive of 
bathrooms, halls, kitchen, staff rooms, and storage places) and at least 
75 square feet of usable outdoor play space per child.
    (6) Facilities owned or operated by Early Head Start and Head Start 
grantee or delegate agencies must meet the licensing requirements of 45 
CFR 1306.30.
    (7) Grantee and delegate agencies must provide for the maintenance, 
repair, safety, and security of all Early Head Start and Head Start 
facilities, materials and equipment.
    (8) Grantee and delegate agencies must provide a center-based 
environment free of toxins, such as cigarette smoke, lead, pesticides, 
herbicides, and other air pollutants as well as soil and water 
contaminants. Agencies must ensure that no child is present during the 
spraying of pesticides or herbicides. Children must not return to the 
affected area until it is safe to do so.
    (9) Outdoor play areas at center-based programs must be arranged so 
as to prevent any child from leaving the premises and getting into 
unsafe and unsupervised areas. Enroute to play areas, children must not 
be exposed to vehicular traffic without supervision.
    (10) Grantee and delegate agencies must conduct a safety inspection, 
at least annually, to ensure that each facility's space, light, 
ventilation, heat, and other physical arrangements are consistent with 
the health, safety and developmental needs of children. At a minimum, 
agencies must ensure that:
    (i) In climates where such systems are necessary, there is a safe 
and effective heating and cooling system that is insulated to protect 
children and staff from potential burns;
    (ii) No highly flammable furnishings, decorations, or materials that 
emit highly toxic fumes when burned are used;
    (iii) Flammable and other dangerous materials and potential poisons 
are stored in locked cabinets or storage facilities separate from stored 
medications and food and are accessible only to authorized persons. All 
medications, including those required for staff and volunteers, are 
labeled, stored under lock and key, refrigerated if necessary, and kept 
out of the reach of children;
    (iv) Rooms are well lit and provide emergency lighting in the case 
of power failure;
    (v) Approved, working fire extinguishers are readily available;
    (vi) An appropriate number of smoke detectors are installed and 
tested regularly;
    (vii) Exits are clearly visible and evacuation routes are clearly 
marked and posted so that the path to safety outside is unmistakable 
(see 45 CFR 1304.22 for additional emergency procedures);
    (viii) Indoor and outdoor premises are cleaned daily and kept free 
of undesirable and hazardous materials and conditions;
    (ix) Paint coatings on both interior and exterior premises used for 
the care of children do not contain hazardous quantities of lead;
    (x) The selection, layout, and maintenance of playground equipment 
and surfaces minimize the possibility of injury to children;
    (xi) Electrical outlets accessible to children prevent shock through 
the use of child-resistant covers, the installation of child-protection 
outlets, or the use of safety plugs;
    (xii) Windows and glass doors are constructed, adapted, or adjusted 
to prevent injury to children;
    (xiii) Only sources of water approved by the local or State health 
authority are used;
    (xiv) Toilets and handwashing facilities are adequate, clean, in 
good repair, and easily reached by children. Toileting and diapering 
areas must be separated from areas used for cooking, eating, or 
children's activities;
    (xv) Toilet training equipment is provided for children being toilet 
trained;
    (xvi) All sewage and liquid waste is disposed of through a locally 
approved sewer system, and garbage and trash

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are stored in a safe and sanitary manner; and
    (xvii) Adequate provisions are made for children with disabilities 
to ensure their safety, comfort, and participation.
    (b) Head Start equipment, toys, materials, and furniture. (1) 
Grantee and delegate agencies must provide and arrange sufficient 
equipment, toys, materials, and furniture to meet the needs and 
facilitate the participation of children and adults. Equipment, toys, 
materials, and furniture owned or operated by the grantee or delegate 
agency must be:
    (i) Supportive of the specific educational objectives of the local 
program;
    (ii) Supportive of the cultural and ethnic backgrounds of the 
children;
    (iii) Age-appropriate, safe, and supportive of the abilities and 
developmental level of each child served, with adaptations, if 
necessary, for children with disabilities;
    (iv) Accessible, attractive, and inviting to children;
    (v) Designed to provide a variety of learning experiences and to 
encourage each child to experiment and explore;
    (vi) Safe, durable, and kept in good condition; and
    (vii) Stored in a safe and orderly fashion when not in use.
    (2) Infant and toddler toys must be made of non-toxic materials and 
must be sanitized regularly.
    (3) To reduce the risk of Sudden Infant Death Syndrome (SIDS), all 
sleeping arrangements for infants must use firm mattresses and avoid 
soft bedding materials such as comforters, pillows, fluffy blankets or 
stuffed toys.