Day Care Centre Regulations 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Statutory%20Instruments/Day%20Care%20Centre%20Regulations%201999.pdf

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Day Care Centre Regulations 1999
DAY CARE REGULATIONS 1999

1

BR 63 / 1999

THE CHILDREN ACT 1998

1998 : 38

THE DAY CARE CENTRE REGULATIONS 1999

ARRANGEMENT OF REGULATIONS

PART I
PRELIMINARY

1 Citation
2 Definitions

PART II
LICENSING

3 Licences
4 Fire protection
5 Display of licence

PART III
STANDARDS FOR PROGRAMMES

AND ACTIVITIES

6 Activity plan and programmes
7 Child/Staff radio
8 Discipline

PART IV
PERSONNEL REQUIREMENTS

9 Person in charge

10 Staff

PART V
BUILDINGS AND EQUIPMENT

11 Buildings and equipment,
standards and requirements

PART VI
RECORDS, INSURANCE AND

TRANSPORTATION

12 Records
13 Insurance
14 Transportation

PART VII
HEALTH CARE

15 Medical examinations,
communicable disease
precautions, etc.

2

PART VIII
SANITARY REQUIREMENTS

16 Toilets and wash facilities
17 Miscellaneous sanitation

requirements
18 Laundry facilities

PART IX
FOOD AND NUTRITIONAL

REQUIREMENTS

19 Preparation of food

20 Milk
21 Storage of perishable food

PART X
ENFORCEMENT

22 Enforcement
23 Onus of proof

PART XI
MISCELLANEOUS PROVISIONS

24 Notices
25 Commencement

The Minister of Health and Family Services, in exercise of the
powers conferred upon him by section 79 of the Children Act 1998,
makes the following Regulations:—

PART I

PRELIMINARY

Citation
1 These Regulations may be cited as the Day Care Centre
Regulations 1999.

Definitions
2 In these Regulations—

"the Act" means the Children Act 1998;

"Chief Fire Officer" means the Chief Fire Officer of the Fire
Services Department;

"communicable disease" means a communicable disease as
defined in section 66 of the Public Health Act 1949 and
includes any disease specified in an order made under
section 67 of that Act;

"licensed premises" means premises operated as a day care
centre in respect of which a licence has been issued;

"operator" in relation to a day care centre, means the person to
whom a licence has been issued, whether or not that person
is also the person in charge;

"person in charge" means the person who has responsibility for
the day to day administration of a day care centre and the
care of children therein and is approved under Regulation 9.

DAY CARE REGULATIONS 1999

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PART II

LICENSING

Licences
3 (1) A licence shall be in FORM 1 of the Schedule.

(2) A person who proposes to operate a day care centre shall
apply in such form and manner as the Chief Medical Officer may
determine.

(3) An application shall contain such information as the Chief
Medical Officer may require and shall be accompanied by the fee
prescribed under the Government Fees Act 1965.

Fire protection
4 (1) The Chief Medical Officer shall not issue a licence unless he
has received a certificate from the Chief Fire Officer that the premises in
respect of which the licence is sought have been inspected and meet the
relevant standards for fire safety and prevention.

(2) The Chief Fire Officer and any fire officer authorized by him
may at any reasonable time enter the licensed premises and inspect the
premises and the operation thereof with regard to fire safety standards.

(3) The Chief Fire Officer or a fire officer may issue directions in
writing regarding fire safety to the operator of the licensed premises and
the operator shall comply with those directions.

Display of licence
5 Where the Chief Medical Officer issues a licence or provisional
licence, the operator shall cause the licence to be displayed in a
prominent place on the licensed premises.

PART III

STANDARDS FOR PROGRAMMES AND ACTIVITIES

Activity plan and programmes
6 (1) The person in charge shall have a written description of the
various activities of the centre which shall be available on request by an
inspector or parent of any child in the centre.

(2) The person in charge shall provide a well-balanced
programme that supports the developmental needs of all children
including the following elements—

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(a) regularity in routine, with sufficient flexibility to respond
to the needs of individual children;

(b) opportunity for a child to have a free choice among a
variety of activities or to play alone with one or several
chosen peers if desired, for at least two periods (not less
than 20 minutes per period) a day, for full day centres;
and one period a day, for half-day centres;

(c) daily indoor and outdoor time periods, weather
permitting, which include both small and large muscle
activities;

(d) opportunities for the child to participate in a variety of
creative activities, such as art, movement, music,
literature, dramatic play and science;

(e) provision for privacy by providing a small area that is
inviting to children and is easily accessible to the child
who seeks or needs time alone;

(f) recognition of, and respect for, cultural diversity;

(g) opportunity for infants and older children to explore
freely within a safe area for the major part of the day,
with certain times specified for individual interactions
with the assigned staff member;

(h) provision for ongoing verbal interaction between adults
and children, and between children and their peers;

(i) opportunities for all children to learn self-help skills
such as dressing and undressing, buttoning, tying shoes
and using eating utensils;

(j) outdoor play space that promotes the intellectual, social
and physical development of children; and

(k) play equipment that meets all relevant safety regulations
under section 11(2)(d) and (3).

Child/Staff ratio
7 (1) The acceptable staff-child ratio is to be determined in
accordance with the following Table:

Acceptable range of staff/child ratios within group-size

Group Size

6 8 10 12 14 16 18 20 24

DAY CARE REGULATIONS 1999

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Infants 0.12
months 1:3 1:4

Toddlers
12-24
months

1:3 1:4 1:5 1:4

2 years 1:4 1:5 1:6 1:7

3 years 1:5 1:6 1:7 1:8 1:10

4 years and
above 1:8 1:8 1:10 1:12

(2) For the purposes of paragraph (1) children of the person in
charge or of other staff shall be included if they attend the centre.

(3) Adult supervision shall be continuous and children with
special needs must have the attention of an appropriate professional.

(4) When regular staff members are absent, the operator must
ensure that qualified staff are substituted for them.

Discipline
8 Discipline and guidance shall be consistent and based on an
understanding of individual needs and development of a child, applying
the following guidelines—

(a) no child shall be subjected to physical punishment,
humiliation, or verbal abuse;

(b) no child shall be denied food, shelter, clothing or
bedding as a form of punishment;

(c) no child shall be punished for soiling, wetting or not
using the toilet;

(d) no child shall be unattended at any time, including
isolation periods.

PART IV

PERSONNEL REQUIREMENTS

Person in charge
9 (1) A group child care centre shall at all times be in the charge
of a person approved by the Chief Medical Officer.

(2) The Chief Medical Officer shall approve a person in charge
under the provisions of this regulation if the person is at least 21 years of
age and—

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(a) has at least three years of experience in a day care
setting and has satisfactorily completed at least one of
the following:—

(i) an Associate Degree in Early Childhood
Education, or its equivalent;

(ii) a degree, other than an Associate Degree, that
included four courses in early childhood
education offered at an accredited institution of
higher learning; or

(b) has a B.A. in Early Childhood Education, or equivalent,
and one year of post-certification experience.

(3) The person in charge, or the deputy, must be on the
premises at all times.

(4) The Chief Medical Officer may issue a certificate authorizing
other persons to deputise for the person in charge when the person in
charge is unable to be on the premises.

(5) A deputy shall be at least 21 years of age and—

(a) hold a minimum of the Bermuda College Certificate for
Child Care Assistants, or equivalent, with three years of
post-qualification experience; or

(b) hold an Associate Degree in Early Childhood Education,
or its equivalent and have one year of post-certification
experience; or

(c) hold similar qualifications to those required for a person
in charge.

(6) Where the person in charge is absent for more than two
weeks within a three month period, the deputy shall have similar
qualifications to those required for a person in charge.

Staff
10 (1) No day care centre shall be operated at any time with a staff
of less than two persons unless the Chief Medical Officer otherwise
directs.

(2) In addition to the person in charge and the deputy, at least
50% of the remaining staff shall meet the following requirements—

(a) be at least 18 years of age;

(b) have satisfactorily completed the Bermuda College
Certificate for Child Care Assistants, or its equivalent,

DAY CARE REGULATIONS 1999

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however, the Chief Medical Officer, may authorize the employment of a
person who has significant and successful past experience of providing
day care, even though no formal qualifications have been obtained.

(3) The operator may engage day care assistants (either paid or
volunteer) who do not meet the requirements of paragraph (2) if they are
over 16 years of age and work under the direct supervision of qualified
staff at all times.

(4) At least one staff member with certification in first aid and
CPR (cardiopulmonary resuscitation) must be present in the day care
centre at all times.

(5) Staff and assistants engaged in the operation of licensed
premises, whilst so engaged, shall wear clean, suitable clothing or
uniforms.

(6) No persons shall engage in the care of children in a day care
centre unless the person first produces to the operator—

(a) a certificate by a registered medical practitioner
certifying that such person is free from communicable
disease; and

(b) a reference of good character and fitness to care for
children from a credible authority,

and the operator shall retain such certificates and references and keep
them available for inspection by the Chief Medical Officer at all times.

(7) Any person involved in child care must disclose details of
any criminal convictions and must declare—

(a) if they have been refused registration or a permit to act
as a foster parent;

(b) if a child of theirs has been the subject of action under
child protection procedures; or

(c) if they have been involved in alleged incidents of abuse
or neglect of a child.

(8) If the Chief Medical Officer considers the continued
employment of any person in or about a day care centre, presents a
hazard to the welfare of the children, he may, by order in writing to the
operator, direct him to discharge or suspend that person for such a
period as the Chief Medical Officer considers necessary, and cause his
removal from the licensed premises, and the operator shall forthwith
comply with any such order.

8

(9) The operator of a day care centre shall maintain at the
centre a file on the qualifications of all persons employed at the centre
and that file shall be made available for inspection on the request of an
inspector.

(10) If any changes in staff are made, the operator must notify
the Chief Medical Officer immediately, and provide him with copies of
relevant certificates and documents pertaining to the new staff member.

PART V

BUILDINGS AND EQUIPMENT

Buildings and equipment, standards and requirements
11 (1) A day care centre shall have a minimum of 25 square feet of
activity space per child, excluding the area of any kitchen, wash and
toilet rooms, and isolation rooms, and shall meet the following
requirements—

(a) the floor, walls and ceiling shall be sound and clean, and
kept in good repair at all times, floors of rooms to be
used by children shall be clean, non-slippery, smooth
and free from cracks, splinters and sharp or protruding
objects and other safety hazards and paint used on
floors, walls, ceilings, implements, furniture and toys,
shall be free from lead or any toxic ingredient;

(b) rooms shall be adequately lit naturally, and alternatively
or additionally, artificially and ventilated in accordance
with the Building Code and recognised practice;

(c) furnishings shall be of a suitable size and furnishings
and fixtures, toys and other play equipment, shall be
maintained in a proper state of repair and kept clean at
all times;

(d) all doors, windows and other openings into the outer air
of any room forming part of the licensed premises, shall
be effectively screened; suitable guards shall be provided
across the inside of windows above the first floor if the
windows are accessible to children, and guards shall be
placed at the top and bottom of stairwells opening into
areas used by children;

(e) all electrical outlets, wiring and connections shall be in
accordance with recognised electrical installation
standards;

(f) all electrical outlets which are within the reach of
children shall have approved cover plates when not in

DAY CARE REGULATIONS 1999

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use, and blades of electric fans shall be suitably
screened from the reach of children;

(g) there shall be sufficient space, accessible to children, for
each child to store clothing and other personal items;

(h) all medicines, cleaning supplies and detergents shall be
kept, when not required for use, in an area or place
inaccessible to the children, preferably in a locked
cabinet;

(i) hot water temperature shall not exceed 110oF (43oC) at
outlets used by children;

(j) an individual cot, approved by the Chief Medical Officer,
shall be assigned for use by each child who is received
on the premises for four or more hours each day; all cots
and cribs shall be covered with a suitable, washable
sheet or similar cover, be maintained in a clean
condition at all times, and shall be of sound
construction and of suitable size for the child;

(k) there shall be a minimum of two feet of walkspace left
between occupied cots, cribs or playpens;

(l) except where exempted by the Chief Medical Officer
there shall be a separate room or area, approved by the
Chief Medical Officer, for the isolation of any child
suspected of having a communicable disease where that
child may be isolated, maintained in a comfortable
condition and properly supervised until reclaimed;

(m)there shall be designated space, separate from children's
play or rest areas, for administrative duties and staff or
parent conferences;

(n) reasonable precautions shall be taken to prevent the
admission or harbouring of any rodent, insect or vermin,
and the Chief Medical Officer may order the temporary
closure of any day care centre premises where insect
and other vermin eradication measures are considered
necessary;

(o) there shall be exits on the premises to the satisfaction of
the Chief Fire Officer;

(p) there shall be a working telephone available on the
premises with emergency numbers posted and parent
numbers easily accessible.

10

(2) The operator of a day care centre shall maintain, or have
access to, an outdoor play area of at least 50 square feet per child using
it at any one time which shall conform to the following requirements:—

(a) the outdoor area shall provide shade and open space;

(b) the outdoor area shall be free from hazards, including
hidden corners, unprotected water tanks or pools, wells,
cesspools, steps, poisonous plants (poison ivy), and
dangerous machinery or tools;

(c) the outdoor area shall be fenced with a suitable barrier
at least four feet high, and fencing shall be in good
repair; and

(d) the ground shall be unpaved under all climbing and
moving equipment, and may be covered by grass, non-
compacted sand or other approved surfacing.

(3) The play equipment (indoor and outdoor) must be easily
cleaned, safely constructed, flame retardant, free of rust, lead paint,
protruding nails and other hazards, and must be kept clean and
maintained in a safe working condition at all times.

(4) Premises shall be located on the ground floor unless the
Chief Medical Officer is satisfied that appropriate safety and health
precautions have been provided, in which event he may permit the day
care centre to be established below the ground floor or above the ground
floor.

(5) No structural alterations or extensions shall be made to the
premises of any day care centre unless the approval of the Chief Medical
Officer is obtained, and the alteration or extension is made in accordance
with and subject to any statutory provisions relating to building control
and development.

(6) No child shall be permitted to enter a kitchen or laundry, if
such facilities are provided on the premises, unless he is accompanied by
an adult.

PART VI

RECORDS, INSURANCE AND TRANSPORTATION

Records
12 In addition to the matters specified in section 75 of the Act, the
operator shall maintain—

(a) a daily attendance record in respect of each child in the
day care centre; and

(b) a record of the date of birth of each child.

DAY CARE REGULATIONS 1999

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Insurance
13 Every operator shall provide that a policy of insurance with
respect to the day care centre is obtained and maintained in full force
and effect which policy must include—

(a) comprehensive general liability coverage, including
accidental death and personal injury caused to children
on or off the premises while under the supervision of the
centre's personnel;

(b) comprehensive general liability coverage and personal
injury coverage, including coverage for the employees
and volunteers;

(c) comprehensive general liability policy to be extended to
cover loss of life or personal injury to children,
employees and volunteers while riding in private vehicles
for activities of the day care centre.

Transportation
14 (1) The operator shall describe, in writing, any plans for
transportation of children, including the names of persons authorised to
transport children and transportation of children in an emergency.

(2) When children are being transported in connection with the
activities or programs of a day care centre—

(a) the driver shall not drive vehicles unless all children are
seated and the number of children does not exceed the
number of seats therein at any time;

(b) children shall not be left unattended in vehicles at any
time;

(c) sharp, heavy or potentially dangerous objects shall not
be transported, or shall be securely restrained;

(d) children shall be loaded from curbside or at a safe off-
street area away from the flow of traffic so that they are
protected from all traffic hazards;

(e) children shall be delivered to a member of the staff of the
day care centre or to the parent or a person appointed
by the parent;

(f) all children 2 years of age and under, shall be seated in
suitable safety carriers;

(g) there should be a member of the staff of the day care
centre in attendance in addition to the driver.

12

PART VII

HEALTH CARE

Medical examinations, communicable disease precautions, etc.
15 (1) A Government medical officer may carry out in any day care
centre a medical examination of children attending such a centre.

(2) The examination shall be carried out as nearly as possible
in the manner set out in section 166 of the Public Health Act 1949, and
for the purposes of that section, the day care centre shall be deemed a
school, and the operator shall be deemed to be the principal thereof.

(3) No person shall engage in the care of children at a day care
centre whilst suffering from any communicable disease, acute upper
respiratory tract infection, influenza, gastro-intestinal illness or any
contagious infection of the skin.

(4) No child shall be allowed to attend a day care centre if he is
suspected by the person in charge to be suffering from a communicable
disease.

(5) In relation to infectious diseases, the operator shall develop
a policy for the management of children with infectious diseases that is
consistent with the guidelines issued by the Chief Medical Officer relating
to HIV infection.

(6) Any person engaged in the care of children at a day care
centre shall submit himself to any medical examination ordered by the
Chief Medical Officer, and if he fails to do, the Chief Medical Officer may
direct the operator to cease to engage that person.

(7) No person shall engage in the care of any children in a day
care centre unless such person first produces to the operator and
thereafter as considered necessary by the Chief Medical Officer, a
certificate by a registered medical practitioner certifying that such person
is free from communicable disease, and the operator shall retain such
certificate and keep it available for inspection by the Chief Medical
Officer at all times.

(8) Smoking shall not be permitted in any area used by
children.

(9) No drug or medication shall be administered to any child
without specific written instructions from a parent of the child, a
physician or other authorized health professional.

(10) The operator of a day care centre shall provide—

(a) a fully stocked first-aid kit, that shall be kept and
maintained in a readily available location at the day care
centre that is inaccessible to children;

DAY CARE REGULATIONS 1999

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(b) a portable first-aid kit for use on field trips or when the
children are engaged in activities away from the day care
centre.

PART VIII

SANITARY REQUIREMENTS

Toilets and wash facilities
16 (1) There shall be provided in every day care centre not less
than one flush toilet for every unit of 15 children or part of such a unit.

(2) There shall be provided in every group child care centre not
less than one wash-basin for every unit of 15 children or part of such a
unit.

(3) Separate flush toilets and wash-basin accommodation shall
be provided for the staff on the premises to the satisfaction of the Chief
Medical Officer, together with soap, paper towels, or other approved hand
drying facilities.

(4) Soap and towels shall be provided at all times for the
children and, except where paper towels are provided, each child shall
have his own towel.

(5) If wash-cloths, combs, hairbrushes or toothbrushes are
provided, each child shall have such articles for his own personal use.

(6) Where child toilet training pots are provided for the use of
children in the day care centre—

(a) each pot shall be cleaned and disinfected after each use
by a method of cleaning approved by the Chief Medical
Officer;

(b) sufficient child toilet training pots should be provided for
the number of children in the child care centre.

Miscellaneous sanitation requirements
17 (1) Garbage containers used for the purpose of a day care
centre shall be emptied at regular intervals, maintained in a clean and
sanitary condition, and shall be kept covered at all times.

(2) Sheets or pillow-cases shall be maintained in a clean
condition, and until a sheet or pillow-case has been laundered, it shall
not be used by any child other than the one by whom it was used before
being laundered.

(3) Where a child is bottle-fed, the container used in feeding
shall be cleaned immediately after used by the day care centre's staff and

14

shall subsequently, and prior to refilling, be sterilised by the parent or
guardian of the child, unless facilities for sterilising facilities, approved
by the Chief Medical Officer, are provided at the centre.

Laundry facilities
18 (1) Where a day care centre provides laundry services, the
laundry facilities shall include—

(a) sinks or other containers approved by the Chief Medical
Officer for the purpose of holding the children's soiled
diapers, and such sinks or containers shall be used for
no other purpose;

(b) drying facilities approved by the Chief Medical Officer;

(c) a constant supply of hot water;

(d) facilities approved by the Chief Medical Officer for
disinfecting the children's diapers;

(e) lined and covered receptacles for disposable diapers
which are to be removed from premises for proper
disposal each day.

(2) Changing tables and pads must be cleaned and disinfected
after each use.

PART IX

FOOD AND NUTRITIONAL REQUIREMENTS

Preparation of food
19 (1) Subject to paragraph (2), no meal, except a light mid-
morning or afternoon snack, shall be prepared or served in any day care
centre and the operator may give to parents guidelines as to what sort of
breakfast or lunch they should send with their child.

(2) Upon written application the Chief Medical Officer may
grant permission for the preparation and service of meals to children
who are cared for on licensed premises and the Chief Medical Officer
shall endorse the licence accordingly.

(3) The Chief Medical Officer may refuse to grant permission
under paragraph (2) unless he is satisfied that—

(a) the kitchen provided complies with the provisions of the
Public Health (Food) Regulations 1950;

(b) all utensils are free from cracks, chips and corrosion
and are maintained in a clean condition at all times;

DAY CARE REGULATIONS 1999

15

(c) all utensils are stored under conditions that he
considers satisfactory;

(d) a registered dietician is consulted to ensure that the
meal and snacks provided are nutritionally adequate
and consistent with the Bermuda Dietary Guidelines;
and

(e) all persons involved in the handling of food have
successfully completed a course approved by the Chief
Medical Officer with respect to the safe handling of food,

and the Chief Medical Officer may withdraw permission and cancel any
endorsement made by him on a licence if he ceases to be so satisfied.

Milk
20 (1) No fresh or filled milk, or reconstituted drinks containing
fresh or filled milk, shall be served unless the milk has been
pasteurising.

(2) No skimmed milk shall be used for children under 18
months of age, except on the instructions of a registered medical
practitioner.

(3) All water used for the purposes of reconstituting powdered
milk shall be from a source approved as drinking water, and shall be
boiled and cooled before use.

(4) All milk and dairy foods, other than dried or powdered milk
and unopened tins of milk, shall be refrigerated so as to maintain their
quality and nutritional content.

Storage of pasteurized food
21 All pasteurized food brought into the day care centre must be
stored at appropriate temperature, that is to say for cold food, 40F or
below and for hot food, 140oF or above.

PART X

ENFORCEMENT

Enforcement
22 (1) An inspector may, at any reasonable time, visit and inspect
any day care centre.

(2) The operator shall ensure that a record is kept of all
inspections and recommendations made by an inspector.

16

Onus of proof
23 In any prosecution for an offence against these Regulations, the
onus of establishing that licence under these Regulations has been given
shall be upon the person alleging it.

PART XI

MISCELLANEOUS PROVISIONS

Notices
24 Any notice required to be given under these Regulations may be
served in the manner provided for in section 179 of the Public Health Act
1949.

Commencement
25 These Regulations come into force on 1st January 2000.
.

SCHEDULE Regulation 3(1)

FORM 1

THE CHILDREN ACT

DEPARTMENT OF HEALTH

DAY CARE LICENCE

Pursuant to Part IX of the Children Act 1998 this
LICENCE/PROVISIONAL LICENCE is issued to

(NAME OF OPERATOR) to operate a day care centre under the
name of (NAME OF DAY CARE CENTRE) at
(LOCATION) between the hours of to .

Subject to the following conditions:

1. The maximum number of children is
2.
3.

LICENCE NUMBER EXPIRY DATE
RENEWED UNTIL
RENEWED UNTIL
RENEWED UNTIL

Issued this day of

DAY CARE REGULATIONS 1999

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CHIEF MEDICAL OFFICER

THIS LICENCE MUST BE PROMINENTLY DISPLAYED IN THE DAY CARE
CENTRE.

Made this 4th day of November 1999.

Minister of Health and Family Services