Public Safety, Fire Marshal

Rule R710-8

Day Care Rules

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35929
Filed: 03/13/2012 09:45:46 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 53-7-204(1)(b) is the specific statute that authorizes the Utah Fire Prevention Board to make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act that establishes standards for the prevention of fire and for the protection of life and property against fire and panic in any building or structure used or intended for use as an asylum, a mental hospital, a hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or day care center, or any building or structure used for a similar purpose.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments received since the last five-year review on 03/16/2007. The Utah Fire Prevention Board has a policy that requires all that will be affected with a rule amendment to be notified if possible, so that they can participate and comment on any proposed amendments to the rule. The Utah Fire Prevention Board believes that any concerns or disagreements on rule amendments will be expressed at the Board meeting, thereby eliminating any opposition to the filed rule and preventing the need to reconvene the Board to hear any disagreements.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

There should be a continuation of the administrative rule that regulates day care in the State of Utah. This then allows parents to place their children in the possession of a caregiver, and know that the child will be safe and not fall into harm's way by being placed in a facility that is not fire safe or does not allow a reasoned and professional evacuation from the facility if a fire or other panic occurs. Day care facilities also need to have the correct staff to child ratio so that the children are properly cared for and there is sufficient staffing present to assist the child to exit the facility in the event of an emergency. There are no comments to the agency in opposition to the existing administrative since the last five-year review.

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

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

Authorized by:

Brent Halladay, State Fire Marshal

Effective:

03/13/2012