BILL REQ. #:  H-3213.1 

Prefiled 01/09/14. Read first time 01/13/14.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to compliance with inspections of child care facilities; amending RCW 43.215.210; and adding a new section to chapter 43.215 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.215 RCW to read as follows:
     (1) The department may not require any alterations of a child care facility due to inconsistencies with requirements in chapter 19.27 RCW unless the department receives notification from a city or county enforcement official in accordance with RCW 19.27.050 that an alteration of the child care facility is required.
     (2) For the purpose of child care licensing, a city or county enforcement official in accordance with RCW 19.27.050 has the authority and it is the official's duty to develop an agreed upon timeline of compliance with applicants for licenses under this chapter to correct any identified regulation violations.
     (3) The department must pay all fees associated with building code inspections that are required for child care licensing.
     (4) The department's request for inspections shall be limited to licensed child care space.
     (5) The department may not modify, suspend, or revoke child care license or business activities while the department is waiting for appropriate agency inspections, unless there is imminent danger for children or staff. If the appropriate agencies do not find imminent danger for children or staff, the department will be held responsible for business losses due to the modification, suspension, or revocation.
     (6) For the purposes of this section and RCW 43.215.210, "child care facility" means a family day care home, school-aged care, and child day care center.

Sec. 2   RCW 43.215.210 and 2013 c 227 s 1 are each amended to read as follows:
     (1) 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))) (a) 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))) (b) To adopt licensing 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 and to allow participation in such before-school and after-school programs by children who attend other schools and are transported to attend such before-school and after-school programs;
     (((3))) (c) To make or cause to be made such inspections and investigations of agencies as he or she deems necessary;
     (((4))) (d) To make a periodic review of requirements under RCW 43.215.200(((5))) (8) and to adopt necessary changes after consultation as required in (a) of this subsection (((1) of this section));
     (((5))) (e) To develop an agreed upon timeline of compliance with applicants for licenses under this chapter to correct any identified minimum standard violations; and
     (f) 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.
     (2) The department may not require any alterations applicable to the local building code of a child care facility due to inconsistencies with minimum standard requirements established in accordance with subsection (1)(a) of this section unless the department receives notification from the chief of the Washington state patrol, through the director of fire protection, that an alteration applicable to the local building code is required of the child care facility.
     (3) The department must pay all fees associated with fire hazard inspections that are required for child care licensing.
     (4) The department's request for inspections shall be limited to licensed child care space.
     (5) The department may not modify, suspend, or revoke child care license or business activities while the department is waiting for appropriate agency inspections, unless there is imminent danger for children or staff. If the appropriate agencies do not find imminent danger for children or staff, the department will be held responsible for business losses due to the modification, suspension, or revocation.
     (6) As used in this section, "child care facility" has the definition in section 1 of this act.