Public Safety, Fire Marshal

Section R710-8-3

Amendments and Additions

Notice of Proposed Rule

(Amendment)

DAR File No.: 34837
Filed: 05/16/2011 11:24:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met in a regularly scheduled Board meeting on 05/10/2011, and voted by unanimous vote to change the required times that Family Day Care units have to conduct fire drills and when they are required to have a fire drill using rescue or escape windows in an actual evacuation drill.

Summary of the rule or change:

The Fire Prevention Board made the following proposed amendments to the administrative rule as follows: 1) in Subsection R710-8-3(3.3.9), the Board proposed to amend the required fire drill exercise from monthly to quarterly; and 2) also in Subsection R710-8-3(3.3.9), the Board proposed to change the requirement for an actual evacuation using the escape or rescue windows from quarterly to annually. Both of the above mentioned changes are to place Rule R710-8, Day Care Rules, in compliance with Subsections R430-90-10(8) and R430-90-10(10) of the State Health Department.

State statutory or constitutional authorization for this rule:

• Section 53-7-204

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because the state budget is not affected from the enactment of these proposed rule amendments.

local governments:

There is no aggregate anticipated cost or savings to local government because these proposed amendments do not affect local government or local governments responsibilities.

small businesses:

There is no aggregate anticipated cost to small businesses from the enactment of this rule amendment but there would be a small aggregate savings to small family day care that would not have to preform these fire drills so often.

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

There is no aggregate anticipated cost to affected persons from the enactment of these two rule amendments. The proposed rule amendments lessen the amount of required fire drills and lessen the amount of full evacuation fire drills using the escape or rescue windows. There might be a small savings from the enactment of these rules because it saves efforts and costs.

Compliance costs for affected persons:

There is no compliance cost for affected persons for the enactment of these rules because the proposed amendments lessen the amount of times fire drills are performed rather than increasing the required fire drills.

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

There is no fiscal impact on businesses for the enactment of these two small rule changes. The two proposed rule changes are to establish continuity between two different state departments so that there is no undue pressure placed on the family day care units in the State of Utah.

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Brent Halladay, State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-8. Day Care Rules.

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 46, Section 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 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 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]quarterly and shall include the complete evacuation from the building of all clients and staff. At least [quarterly]annually, 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 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.

 

KEY: fire prevention, day care

Date of Enactment or Last Substantive Amendment: [September 21, 2010]July 8, 2011

Notice of Continuation: March 16, 2007

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