BILL REQ. #:  H-1751.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to building code council rules that impact before or after-school programs; amending RCW 43.215.210; and reenacting and amending RCW 43.215.200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.215.200 and 2011 c 359 s 2 and 2011 c 253 s 3 are each reenacted and amended to read as follows:
     It shall be the director's duty with regard to licensing:
     (1) In consultation and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of child care facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages and other characteristics of the children served, variations in the purposes and services offered or size or structure of the agencies to be licensed, or because of any other factor relevant thereto;
     (2) In consultation with the state fire marshal's office, the director shall use an interagency process to address health and safety requirements for child care programs that serve school-age children and are operated in buildings that contain public or private schools that safely serve children during times in which school is in session;
     (3) In consultation with the state fire marshal's office, the director shall adopt licensing standards that allow children who attend classes in a school building during school hours to remain in the same building to participate in before-school or after-school programs;
     (4) In consultation and with the advice and assistance of parents or guardians, and persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed under this chapter;
     (((4))) (5) In consultation with law enforcement personnel, the director shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure, and other persons having unsupervised access to children in care;
     (((5))) (6) To satisfy the shared background check requirements provided for in RCW 43.215.215 and 43.20A.710, the department of early learning and the department of social and health services shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person;
     (((6))) (7) To issue, revoke, or deny licenses to agencies pursuant to this chapter. Licenses shall specify the category of care that an agency is authorized to render and the ages and number of children to be served;
     (((7))) (8) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and to require regular reports from each licensee;
     (((8))) (9) To inspect agencies periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;
     (((9))) (10) To review requirements adopted under this chapter at least every two years and to adopt appropriate changes after consultation with affected groups for child day care requirements; and
     (((10))) (11) To consult with public and private agencies in order to help them improve their methods and facilities for the care and early learning of children.

Sec. 2   RCW 43.215.210 and 2006 c 265 s 302 are each amended to read as follows:
     The chief of the Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty:
     (1) In consultation with the director and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt recognized minimum standard requirements pertaining to each category of agency established pursuant to this chapter necessary to protect all persons residing therein from fire hazards;
     (2) To adopt minimum standard requirements to allow children who attend classes in a school building during school hours to remain in the same building to participate in before-school or after-school programs;
     (3) To make or cause to be made such inspections and investigations of agencies as he or she deems necessary;
     (((3))) (4) To make a periodic review of requirements under RCW 43.215.200(((5))) (9) and to adopt necessary changes after consultation as required in subsection (1) of this section;
     (((4))) (5) To issue to applicants for licenses under this chapter who comply with the requirements, a certificate of compliance, a copy of which shall be presented to the department before a license shall be issued, except that an initial license may be issued as provided in RCW 43.215.280.