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R400.8131 Equipment

Licensing Rules for Child Care Centers

R400.8131 Equipment

Rule 131 (1) & (2)

  1. A center shall not use equipment, toys, materials, and furnishings recalled or identified by the United States Consumer Product Safety Commission as being hazardous. This information is available free of charge at the United States Consumer Product Safety Commission website, www.cpsc.gov.
  2. The current list of unsafe children’s products must be conspicuously posted in the center as an actual hard copy or electronic access to the Consumer Product Safety Commission or its successor’s list of recalled children’s products, pursuant to section 15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.

Tehnical Assistance

Licensees have to either:

  • Post a copy of the CPSC recall list; OR
  • Give parents a link to the CPSC website so parents can see the list of recalled items

A “conspicuous place” means a place where parents, program staff and others can easily see it.

Additional information regarding equipment safety can be found on the Consumer Product Safety Commission website.

Rule 131 (3)

Materials that have a warning label indicating they are toxic for children, or to keep out of reach of children, must not be used by children.
Technical Assistance

Children cannot use shaving cream for play purposes. Shaving cream is labeled as toxic and is not safe for use by children. Children cannot use any other materials labeled "keep out of reach of children” for play purposes.

Note: Items including, but not limited to:

  • soap to wash hands,
  • hand sanitizer on field trips,
  • toothpaste to brush teeth after meals would not be considered a violation of this rule.

Best Practice

Soap-based foaming products that are non-toxic can be used instead of shaving cream.

Rule 131 (4)

Play equipment, materials, and furniture must be all of the following:
  1. Appropriate to the developmental needs and interests of children as required by R 400.8271(2).
  2. Safe, clean, and in good repair.
  3. Child-sized or appropriately adapted for a child’s use.
  4. Easily accessible to the children.
Technical Assistance
  • Children's toys, games and play equipment will help them develop:
    • manual dexterity,
    • hand-eye coordination,
    • spatial relationships,
    • large muscle coordination,
    • language skills,
    • math and science concepts,
    • social relationships,
    • reading and writing skills, etc.
  • Children have enough toys, games and other play equipment available.
  • Toys, games, and other play equipment are age- and developmentally appropriate for a child: challenging and interesting, but not so difficult that the child is stressed or anxious.
  • Shelves and containers are sturdy, stable and free of hazards.
  • Broken equipment is immediately removed, replaced or repaired (also if it is missing pieces)

Rule 131 (5) & (6)

  • A center shall provide a minimum of 3 playspaces per child multiplied by the number of children the center is licensed to serve.
  • A minimum of 2 playspaces must be accessible per child in attendance on any given day during child-initiated activity time.

RATIONALE

A well-equipped center provides child-initiated choices, a stimulating environment and developmental opportunities.

Technical Assistance

“Playspace” means a piece or pieces of age-appropriate toys, play equipment, and materials that 1 child can use independently for 15 minutes.

Playspaces (ex: housekeeping, dramatic play, blocks, art, etc.) can vary based on:

  • the amount of equipment,
  • accessories and
  • space available.

For example:

Type of Equipment # of Play Spaces
3 puzzles 1
2-4 small cars/trucks 1
3 books 1
Sensory table 2-4
Set of Legos 1-2
Board game 2-4
Computer & keyboard 1
Set of building blocks 1-4, depending on the type of blocks and space availale
Dramatic play area 2-4, depending on the equipment and the space

The center is responsible and accountable for making sure that:

  • Children's toys, games and play equipment will help them develop:
    • manual dexterity,
    • hand-eye coordination,
    • spatial relationships,
    • large muscle coordination,
    • language skills,
    • math and science concepts,
    • social relationships,
    • reading and writing skills, etc.
  • Children have enough toys, games and other play equipment available.
  • Toys, games, and other play equipment are age- and developmentally appropriate for a child: challenging and interesting, but not so difficult that the child is stressed or anxious.
  • Shelves and containers are sturdy, stable and free of hazards.
  • Broken equipment is immediately removed, replaced or repaired (also if it is missing pieces)

In infant and toddler rooms, it is recommended that:

  • More than one of the same toy is available to reduce conflicts between children.
  • Extra toys are on hand to replace toys that become dirty or contaminated throughout the day.

Rule 131 (7)

Children shall have access to equipment and materials in the following areas on a daily basis:
  1. Large and small muscle activity.
  2. Sensory exploration.
  3. Social interaction and dramatic play.
  4. Discovery and exploration.
  5. Early math and science experiences.
  6. Creative experiences through art, music, and literature.

RATIONALE

A program with diverse equipment that supports a well-balanced curriculum enhances children's growth and development.

Technical Assistance
To be counted, equipment must be:
  • Developmentally appropriate and interesting to the children.
  • Safe, clean and in good repair (not broken and with all pieces).

Consultation

The following chart outlines examples of equipment and materials for different types of activities:

Type of Activity Equipment/Material Examples
Large and small muscle Climber, balance beam, manipulatives (such as beads, lacing boards)
Sensory exploration Sand, water, playdough
Social interaction and dramatic play Home living area, puppets
Discovery and exploration Puzzles, table toys
Creative experiences through art, music & literature Art supplies, musical instruments, reading materials
Math and science Blocks, counters, nature items

Rule 131 (8)

A current and accurate equipment inventory must be provided to the department before issuance of the original license and updated and made available at each renewal.

Rationale

Assists the department in determining if the center has an adequate amount of age appropriate equipment, furnishings and materials for the capacity and age ranges on the license.

Technical Assistance

When putting together an equipment inventory, keep the following guidelines in mind:

  • The inventory must show the number of items listed. For example: 25 books, 18 cots, 20 puzzles, etc.
  • The inventory must include equipment, toys and materials that meet the requirements of R 400.8271.
  • An equipment inventory must include the following:
    • List of play equipment including toys, sand and water tables, home living or dramatic play centers/equipment.
    • List of materials to be used by children, such as paper, paint, scissors, and other arts and crafts supplies.
    • Furniture used by the children: tables, chairs, high chairs, beds, cribs, changing tables, etc.
    • Cots or mats for resting.
    • Rocking chairs or adult-size seating for centers providing infant and toddler care.

Best Practice

Centers should organize the equipment inventory by group or room. It is also recommended that centers store the equipment inventory electronically so it can be easily updated.

Rule 131 (9)

A first aid kit must be readily accessible to staff and securely stored in the center.

Rationale

Ensures that emergency supplies are available should an emergency occurs in which first aid supplies are needed.

Technical Assistance

“First aid kit” means a kit containing, at a minimum, all of the following: sterile gauze pads of assorted sizes, a roll of gauze, adhesive bandages of assorted sizes, adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing any non-prescription or prescription medications as described under R 400.8152.

A First aid kit must be kept out of the reach of children because it contains sharp objects.
All program staff must know the location of and have access to the first aid kit.

Best Practice

Centers may wish to include additional items in the first aid kit such as:

  • Hand sanitizer.
  • Plastic bags.
  • Disposable gloves.

It is recommended that parents be told if hand sanitizer is used by children in care.

Rule 131 (10)

A rocking chair or other comfortable, adult-sized seating must be provided for 50% of the program staff on duty who are providing infant and toddler care.

Rationale

Comfortable, adult sized seating is conducive to interacting with and holding infants and toddlers by child care staff members.

Technical Assistance
The seating shall be of appropriate size and function in a way that ensures an adult can comfortably soothe an infant or toddler.

Rule 131 (11)

Trampolines and bounce houses must not be used by children in care at the child care center.

Rationale

Trampolines present a safety hazard and have the potential for serious injury according to the American Academy of Pediatrics and the Consumer Product Safety Commission.

Technical Assistance

Trampolines of all sizes are not allowed, even with parental permission.

Bounce houses and other similar types of equipment are also prohibited, as they present the same hazards as trampolines.

Note: Child care centers can take children on field trips where trampolines, bounce houses and similar types of equipment are used with written parental permission.

Rule 131 (12)

Teething necklaces, bracelets, or beads must not be used by children in care at the child care center.

Rationale

The American Academy of Pediatrics (AAP) “strongly advises against using teething beads, necklaces, or any jewelry on infants due to the risk of choking and strangulation. These items, often made of amber, silicone, wood, or marble, are marketed to relieve teething pain, but pose significant safety hazards.”

Technical Assistance
This rule refers to necklaces, bracelets and beads meant for teething. Beaded pacifier clips are also prohibited as they are used for teething purposes.

Rule 131 (13)

Specialized equipment prohibited by these rules may be used by a child if specified in their individualized family service plan or individualized education program and in the manner described in their individualized family service plan or individualized education program.
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