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25 | On 10/11/2023, at 10:45 a.m. Licensing Program Analysts (LPAs) Veronica Martinez Garza and Suzana Safaryan conducted an unannounced case management inspection for an Action Level Exceedance (ALE) detected in a water fixture in the facility. LPAs met with facility assistant director, Mariela Velasquez Vasquez, during the visit. Director Ada Cabrera-Velasquez arrived at 12:00 p.m. and assisted LPAs with the rest of the inspection. Also present in the facility were 13-day care children and 3 teachers/staff. Facility was within ratio & capacity. A COVID 19 risk assessment was conducted prior to entering the facility.
Analyst reviewed new Assembly Bill (AB) 2370, Chapter 676, Statutes of 2018, which requires the testing of water for lead in Child Care Centers (CCCs) with facility director during the inspection. Per AB 2370, all CCCs that are located in buildings constructed before January 1, 2010, must have their water tested and post the results by January 1, 2023, and every 5 years after the date of the first testing.
Facility provided facility sketch and required forms LIC 9276, LIC999 and LIC9275 to LPA on 10/10/23.
On 09/28/2023, the Department received notification from the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW). The SWRCB report indicated the facility was inspected and samples were collected on 08/25/2023. Faucets and drinking fountain reported with 5.5 ppb or greater lead exceedance levels were as follows:
A – Water Fountain In Facility Kitchen (5.800 UG/L) – Fountain has not been in use
Assistant director stated that the facility has not been using the water fountain located in the playground prior to March of 2020. The water fountain was terminated when the facility was informed by analyst that it was exceeding acceptable levels. Facility has put an "out of order/do not use" sign on and around the water fountain and made it further inaccessible by attaching and securing a plastic bag around the outlet.
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
11/09/2023
Section Cited
CCR
101700.3(b)(1)
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7 | 101700.3(b)(1) California Lead Action Level at Child Care Centers. (b) Testing results with...readings of 0.5 ppb or greater..., before comparing to the Action Level. (1) A result with values of 5.5 ppb or greater shall be deemed an Action Level Exceedance. This requirement
is not met as evidenced by: | 1
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7 | Per Director, she will replace the faucet that had the Lead exceedance and will schedule a retest. Assistant director covered the outlet to make it inacessible to children and placed a do not use sign. LPA took pictures. Director will submit proof of retest and replacement of faucet to LPA by POC due date. |
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14 | Based on record review, the licensee did not comply with the directive above, as one outlet (water fountain located in the playground not used) out of three outlets tested with an Action Level Exceedance (ALE). This poses an immediate Health and
Safety risk to children in care. | 8
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Type B
11/09/2023
Section Cited
HSC1597.16(a)(1)
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7 | (1) A licensed child day care center, as defined in Section 1596.76, that is located in a building that was constructed before January 1, 2010, shall have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test.
This requirement is not met as evidenced by: | 1
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7 | Per Director, facility will not use the kitchen faucet to rinse off fruits and will schedule a lead test. Assistant director covered the kitchen faucet to make it inacessible and to avoid using it to rinse off fruit and placed a do not use sign. LPA took pictures. Director will submit proof of lead test to LPA by POC due date. Director understands that the kitchen faucet is to remain covered and not in use until lead results come back with no lead. |
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14 | Based on record review, the licensee did not comply with the section cited above in facility did not test the kitchen faucet for LEAD which poses/posed a potential health, safety or personal rights risk to persons in care. | 8
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