The Day Care Setting Regulations (Northern Ireland) 2007

PART IV PREMISES

Fitness of premises

26.—(1) Subject to regulation 4(3), the registered person shall not use the premises for the purposes of a day care setting unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.

(2) The registered person shall, having regard to the number and needs of the service users, ensure that—

(a) the physical design and layout of the premises to be used as the day care setting meets the needs of the service users;

(b) the premises to be used as the day care setting are of sound construction and kept in a good state of repair externally and internally;

(c) equipment provided in the day care setting for use by service users or persons who work in the day care setting is in good working order, properly maintained in accordance with the manufacturer’s guidance, and suitable for the purpose for which it is to be used;

(d) all parts of the day care setting are kept clean and reasonably decorated;

(e) the size and layout of rooms used by service users are suitable for their needs;

(f) there is adequate seating, recreational and, where appropriate, dining space;

(g) there are provided at appropriate places in the premises sufficient numbers of lavatories and washing facilities fitted with a hot and cold water supply;

(h) any necessary sluicing facilities are provided;

(i) there is suitable storage provision for the purposes of the day care setting;

(j) suitable adaptations are made, and such support, equipment and facilities, including passenger lifts, as may reasonably be required are provided to meet the needs of service users;

(k) ventilation, heating, cooling and lighting suitable for service users is provided in all parts of the day care setting which are used by service users;

(l) the engineering services are maintained in good working order;

(m) any vehicle used by the day care setting for transporting service users is suitable for that purpose and maintained in good working order; and

(n) a risk assessment to manage health and safety is carried out and updated when necessary.

(3) The registered person shall, having regard for the number of persons employed and the duties they undertake provide, where appropriate, suitable facilities for staff.

(4) The registered person shall—

(a) have in place a current written risk assessment and fire management plan which is revised and actioned when necessary or whenever the fire risk has changed;

(b) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;

(c) provide adequate means of escape;

(d) make adequate arrangements—

(i) for detecting, containing and extinguishing fires;

(ii) for giving warnings of fires;

(iii) for the evacuation, in the event of fire, of all persons in the day care setting and safe placement of service users;

(iv) for the maintenance of all fire equipment; and

(v) for reviewing fire precautions, and testing fire equipment, at suitable intervals;

(e) make arrangements for persons employed in the day care setting to receive suitable training from a competent person in fire prevention; and

(f) ensure, by means of fire drills and practices at suitable intervals, that the persons employed in the day care setting and, so far as practicable, service users, are aware of the procedure to be followed in case of fire, including the procedure for saving life.