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December 13, 2023 Mandy Jo Stanius, Authorized Agent Duluth Preschool of Fine Arts and Education LLC 810 E 5TH ST Duluth, MN 55805-2119 License Number: 1113020 (Child Care Ctr) Program Location: 1108 E 8TH ST, Duluth, MN 55805-1651 Dear Mandy Jo Stanius: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 3 and 5 from the Correction Order issued to you by the Department of Human Services on March 10, 2023. You did not request reconsideration of any other citation, therefore, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 3. The program's policy for water bottle use did not include procedures that state each day the water bottle or cup is used, the child care center cleans and sanitizes the water bottle or cup using procedures that comply with the Food Code under Minnesota Rules, chapter 4626. Your Response. You stated that under your policy water bottles provided by parents are sent home every day, but that the policy also provides that water bottles that are not taken home at the end of the day will be washed and sanitized by the program. Applicable Law. A licensed child care center may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that includes a requirement that each day the water bottle or cup is used, the child care center cleans and sanitizes the water bottle or cup using procedures that comply with the Food Code under Minnesota Rules, chapter 4626. Minnesota Statutes, section 245A.14, subdivision 17. Reconsideration Determination. When a child care center provides drinking water to children in reusable water bottle or cups, the center must have a policy that the center cleans and sanitizes the bottle or cup daily. This statute applies to every reusable water bottle or cup used to provide drinking water, water bottle or cups provided by parents are not exempt from this requirement. Duluth Preschool’s policy only requires that the program only cleans and sanitizes water bottles and cups that are left at the center, it does not require that the program sanitize bottles and cups that are sent home at the end of the day. The existing policy did not mandate that the center clean and sanitize every reusable bottle or cup used to serve drinking water. The citation is affirmed. Citation 5. The program did not comply with annual fire extinguisher inspection requirements. The fire extinguisher(s) was last inspected in January 2022. “Annual or “annually” means prior to or within the same month of the subsequent calendar year. Your Response. You stated that the building manager of the facility that you rent from was informed that the fire extinguishers needed to be inspected. The building manager called to schedule an inspection and the inspector determined that the fire extinguishers were not expired, as the label indicated that they were good one year from the date on the label. You provided pictures of a fire extinguisher labelled April 2022. Applicable Law. Fire extinguishers must be serviced annually by a qualified inspector and the name of the inspector and date of the inspection must be written on a tag attached to the extinguisher. Minnesota Rules, part 9503.0155, subpart 16. For licensed child care centers, "annually" means prior to or within the same month of the subsequent calendar year. Minnesota Statutes, section 245A.02, subdivision 2b. Reconsideration Determination. Fire extinguishers must be serviced annually. In this case, on March 8, 2023, the DHS licensor observed two fire extinguishers which had been last inspected in January of 2022, as indicated by the label. The fire extinguisher that you referenced in your request for request for reconsideration was labeled April 2022, and was not part of the cited violation. The fire extinguishers for which the program was cited were two months past due for inspection. The citation is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 3 and 5 are affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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