DAR File No. 40523

Public Safety, Fire Marshal

Rule R710-8

Day Care Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 40523
Filed: 06/16/2016 04:53:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with the adoption of the 2015 International Fire Code by the Utah State Legislature and to make formatting changes.

Summary of the rule or change:

The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Specific references from the state adopted fire code have been removed. IFC code references have been updated. The term "window" has been replaced with "opening" to match applicable code references.

State statutory or constitutional authorization for this rule:

• Section 53-7-204

Anticipated cost or savings to:

the state budget:

There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

local governments:

There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

small businesses:

There will not be an anticipated cost or savings to small business' budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

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

There will not be an anticipated cost or savings to the persons budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

Compliance costs for affected persons:

There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

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

I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.

Keith D. Squires, Commissioner

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

Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at tblack@utah.gov
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Coy Porter, State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-8. Day Care Rules.

R710-8-1. [Adoption of Codes]Purpose.

[Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts]The purpose of this rule is to establish 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.

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

1.1 International Fire Code (IFC), 2009 edition, excluding appendices, as published by the International Code Council, Inc. (ICC), and as enacted and amended by the Utah State Legislature in Sections 102 and 201 of the State Fire Code Adoption Act.

1.2 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. Authority.

This rule is authorized by Section 53-7-204.

 

R710-8-[2]3 . Definitions.

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

[2.2](2) "Board" means Utah Fire Prevention Board.

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

[2.4](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](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](6) "Family Day Care" means providing care for clients listed in the following two groups:

[2.6.1](a) 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[.]; and

[2.6.2](b) 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](7) "ICC" means International Code Council, Inc.

[2.8](8) "IFC" means International Fire Code.

[2.9](9) "NFPA" means National Fire Protection Association.

[2.10](10) "SFM" means State Fire Marshal.

 

R710-8-[ 3 ]4. [ Amendments and ]Additions.

[3.1 Exemptions]

[3.1.1](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](2) Family [D]day [C]care .

[3.3.1](a) Family [D]day [C]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](b) Family [D]day [C]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](i) Type 1 [F]family [D]day [C]care units, located on the ground level or in a basement, may use an emergency escape or rescue [window]openings as allowed in IFC, Chapter 10, Section [1029]1030.

[3.3.3](c) Family [D]day [C]care units shall not be located above the second story.

[3.3.4](d) In [F]family [D]day [C]care units, clients under the age of two shall not be located above or below the first story.

[3.3.4.1](i) 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]1011 or Section [1010] 1012 or Section [1026] 1027.

[3.3.5](e) Family [D]day [C]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](f) Family [D]day [C]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](g) Family [D]day [C]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](h) Rooms in [F]family [D]day [C]care units that are provided for clients to sleep or nap, shall have at least one [window]opening or door approved for emergency escape.

[3.3.9](i) Fire drills shall be conducted in [F]family [D]day [C]care units quarterly and shall include the complete evacuation from the building of all clients and staff.

(i) At least annually, in [T]type I [F]family [D]day [C]care units, the fire drill shall include the actual evacuation using the escape or rescue [window] opening, if one is used as a substitute for one of the required means of egress.

[3.4](3) Day [C]care [C]centers .

[3.4.1](a) Day [C]care [C]centers shall comply with either I-4 requirements or E requirements of the IBC, whichever is applicable for the type of [D]day [C]care [C]center.

[3.4.2](b) Emergency [E]evacuation [D]drills shall be completed as required in IFC, Chapter 4, Section 405.

[3.5](4) Requirements for all [D]day [C]care .

[3.5.1](a) 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](b) A fire escape plan shall be completed and posted in a conspicuous place.

(i) All staff shall be trained on the fire escape plan and procedure.

[3.5.3](c) 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](i) For [D]day [C]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]5 . Repeal of Conflicting Board Actions.

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

 

R710-8-[5]6 . Validity.

The [B]board hereby declares that should any section, paragraph, sentence, or word of this [B]board action, or of the codes hereby adopted, be declared invalid, it is the intent of the [B]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]7 . 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]8 . Adjudicative Proceedings.

[7.1](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](2) A person may request a hearing on a decision made by the AHJ by filing an appeal to the [B]board within 20 days after receiving the final decision from the AHJ.

[7.3](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](4) The [B]board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[7.5](5) The [B]board shall direct the SFM to issue a signed order to the parties involved giving the decision of the [B]board within a reasonable time of the hearing pursuant to [UCA, ]Section 63G-4-203.

[7.6](6) Reconsideration of the [B]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](7) Judicial review of all final [B]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: [July 8, 2011]2016

Notice of Continuation: March 13, 2012

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