Public Safety, Fire Marshal

Rule R710-8

Day Care Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 33870
Filed: 07/29/2010 02:12:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to update an incorporated reference, remove an incorporated reference, add a definition, and several code reference changes.

Summary of the rule or change:

In Subsection R710-8-1(1.1), it is proposed to update the currently adopted 2006 International Fire Code to the 2009 International Fire Code as enacted and adopted by the Utah State Legislature in the State Fire Code Adoption Act. In Subsection R710-8-1(1.2), it is proposed to remove the currently adopted 2006 International Building Code since it is now adopted in the State Construction Code Adoption Act by the Utah State Legislature. In Subsection R710-8-2(2.9), it is proposed to add the definition of NFPA which means National Fire Protection Association. Throughout the rest of the rule, there are several code reference changes to made the code references consistent with the 2009 International Fire Code.

State statutory or constitutional authorization for this rule:

• Section 53-7-204

This rule or change incorporates by reference the following material:

• Updatess: International Fire Code, 03/01/2009 2009
• Removess: International Building Code, 03/01/2006 2006

Anticipated cost or savings to:

the state budget:

There would be an aggregate anticipated cost of approximately $1,000 to purchase the needed copies of the 2009 International Fire Code for state usage.

local governments:

The aggregate anticipated cost to local government would be approximately $68 per International Fire Code. There would be approximately 200 fire departments that would purchase a 2009 International Fire Code totaling approximately $14,000. Some might purchase more than one book but that number is unknown.

small businesses:

There would be no aggregate anticipated cost or savings to small businesses because small businesses rarely, if ever, purchase a regulatory code.

persons other than small businesses, businesses, or local governmental entities:

There would be no other persons affected by these proposed amendments. Those affected would be those in government that would use the code.

Compliance costs for affected persons:

The only compliance cost for affected persons would be the purchase of the newly adopted 2009 International Fire Code which would be by those in government that would be using the standard as a regulatory reference.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on business for the implementation of these proposed rule changes. The only fiscal impact would be to government agencies to purchase the newly adopted 2009 International Fire Code.

D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2010

This rule may become effective on:

09/21/2010

Authorized by:

Ron Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-8. Day Care Rules.

R710-8-1. Adoption of Codes.

Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts minimum standards for the prevention of fire and for the protection of life and property against fire and panic in any day care facility or children's home.[ The requirements listed in this rule text are in addition to the requirements listed in R710-9, Rules Pursuant to the Fire Prevention Law.]

There is further adopted as part of these rules the following codes which are incorporated by reference:

1.1 International Fire Code (IFC), [2006]2009 edition, excluding appendices, as published by the International Code Council, Inc. (ICC), [except as amended by provisions listed in R710-8-3, et seq]and as enacted and amended by the Utah State Legislature in Sections 102 and 201 of the State Fire Code Adoption Act.

[1.2 International Building Code (IBC), 2006 edition, as published by the International Code Council, Inc. (ICC), and as adopted under the authority of the Uniform Building Standards Act, Title 58, Chapter 56, Section 4, Utah Code Annotated 1953 and the Utah Administrative Code, R156-56-701.

]1.[3]2 Copies of the above codes are on file in the Office of Administrative Rules and the Office of the State Fire Marshal.

 

R710-8-2. Definitions.

2.1 "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

2.2 "Board" means Utah Fire Prevention Board.

2.3 "Client" means a child or adult receiving care from other than a parent, guardian, relative by blood, marriage or adoption.

2.4 "Day Care Facility" means any building or structure occupied by clients of any age who receive custodial care for less than 24 hours by individuals other than parents, guardians, relatives by blood, marriage or adoption.

2.5 "Day Care Center" means providing care for five or more clients in a place other than the home of the person cared for. This would also include Child Care Centers or Hourly Child Care Centers licensed by the Department of Health.

2.6 "Family Day Care" means providing care for clients listed in the following two groups:

2.6.1 Type 1 - Services provided for five to eight clients in a home. This would also include a home that is certified by the Department of Health as Residential Certificate Child Care or licensed as Family Child Care.

2.6.2 Type 2 - Services provided for nine to sixteen clients in a home with sufficient staffing. This would also include a home that is licensed by the Department of Health as Family Child Care.

[2.7 "IBC" means International Building Code.

]2.[8]7 "ICC" means International Code Council, Inc.

2.[9]8 "IFC" means International Fire Code.

2.9 "NFPA" means National Fire Protection Association.

2.10 "SFM" means State Fire Marshal.

 

R710-8-3. Amendments and Additions.

3.1 Exemptions

3.1.1 Places of religious worship shall not be required to meet the provisions of this rule in order to operate a nursery or day care while religious services are being held in the building.

3.2 Fire Code Amendments

3.2.1 IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification, Educational Group E, Day Care , is amended as follows: On line three delete the word "five" and replace it with the word "four".

3.2.2 IFC, Chapter 2, Section 202, General Definitions, Occupancy Classification, Institutional Group I-4, day care facilities, Child care facility , is amended as follows: On line three delete the word "five" and replace it with the word "four". Also on line two of the Exception delete the word "five" and replace it with the word "four".

3.2.3 IFC, Chapter [9]46, Section[s 907.3.1.1]4603.6.1 Group E is deleted.

3.3 Family Day Care

3.3.1 Family Day Care units shall have on each floor occupied by clients, two separate means of egress, arranged so that if one is blocked the other will be available.

3.3.2 Family Day Care units that are located in the basement or on the second story shall be provided with two means of egress, one of which shall discharge directly to the outside.

3.3.2.1 Type 1 Family Day Care units, located on the ground level or in a basement, may use an emergency escape or rescue window as allowed in IFC, Chapter 10, Section [1026]1029.

3.3.3 Family Day Care units shall not be located above the second story.

3.3.4 In Family Day Care units, clients under the age of two shall not be located above or below the first story.

3.3.4.1 Clients under the age of two may be housed above or below the first story where there is at least one exit that leads directly to the outside and complies with IFC, Section 1009 or Section 1010 or Section [1023]1026.

3.3.5 Family Day Care units located in split entry/split level type homes in which stairs to the lower level and upper level are equal or nearly equal, may have clients housed on both levels when approved by the AHJ.

3.3.6 Family Day Care units shall have a portable fire extinguisher on each level occupied by clients, which shall have a classification of not less than 2A:10BC, and shall be serviced in accordance with NFPA, Standard 10 , Standard for Portable Fire Extinguishers.

3.3.7 Family Day Care units shall have single station smoke detectors in good operating condition on each level occupied by clients. Battery operated smoke detectors shall be permitted if the facility demonstrates testing, maintenance, and battery replacement to insure continued operation of the smoke detectors.

3.3.8 Rooms in Family Day Care units that are provided for clients to sleep or nap, shall have at least one window or door approved for emergency escape.

3.3.9 Fire drills shall be conducted in Family Day Care units monthly and shall include the complete evacuation from the building of all clients and staff. At least quarterly, in Type I Family Day Care units, the fire drill shall include the actual evacuation using the escape or rescue window, if one is used as a substitute for one of the required means of egress.

3.4 Day Care Centers

3.4.1 Day Care Centers shall comply with either I-4 requirements or E requirements of the IBC, whichever is applicable for the type of Day Care Center.

3.4.2 [Fire Drills]Emergency Evacuation Drills shall be completed as required in IFC, Chapter 4, Section 405.

3.5 Requirements for all Day Care

3.5.1 Heating equipment in spaces occupied by children shall be provided with partitions, screens, or other means to protect children from hot surfaces and open flames.

3.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All staff shall be trained on the fire escape plan and procedure.

3.5.3 The AHJ shall insure at each inspection there is sufficient adult staff to client ratios to allow safe and orderly evacuation in case of fire.

3.5.3.1 For Day Care involving children, the AHJ may use the care giver to children ratios established in rule by the Department of Health as an established guideline.

 

R710-8-4. Repeal of Conflicting Board Actions.

All former Board actions, or parts thereof, conflicting or inconsistent with the provisions of this Board action or of the codes hereby adopted, are hereby repealed.

 

R710-8-5. Validity.

The Board hereby declares that should any section, paragraph, sentence, or word of this Board action, or of the codes hereby adopted, be declared invalid, it is the intent of the Board that it would have passed all other portions of this action, independent of the elimination of any portion as may be declared invalid.

 

R710-8-6. Conflicts.

In the event where separate requirements pertain to the same situation in the same code, or between different codes as adopted, the more restrictive requirement shall govern, as determined by the AHJ.

 

R710-8-7. Adjudicative Proceedings.

7.1 All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

7.2 A person may request a hearing on a decision made by the AHJ by filing an appeal to the Board within 20 days after receiving the final decision from the AHJ.

7.3 All adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with UCA, Section 63G-4-201.

7.4 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

7.5 The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

7.6 Reconsideration of the Board's decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

7.7 Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section 63G-4-402.

 

KEY: fire prevention, day care

Date of Enactment or Last Substantive Amendment: [January 9, 2007]September 21, 2010

Notice of Continuation: March 16, 2007

Authorizing, and Implemented or Interpreted Law: 53-7-204