WSR 00-09-089

EXPEDITED ADOPTION

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed April 19, 2000, 8:43 a.m. ]

Title of Rule: Family child day care minimum licensing requirements, chapter 388-155 WAC.

Purpose: To provide minimum licensing requirements for family child care homes. February 24, 2000, thirty-eight WACs of chapter 388-155 WAC were amended. All were changed, in compliance with the governor's order to simplify and clarify, to say "must" instead of "shall." This expedited adoption will change "shall" to "must" in the other WAC in chapter 388-155 WAC. This will create a smoother and clearer document. Add area code to WAC 388-155-270 (6)(c).

Other Identifying Information: Change "shall" to "must" in WAC 388-155-020, 388-155-040, 388-155-050, 388-155-060, 388-155-085, 388-155-090, 388-155-092, 388-155-093, 388-155-094, 388-155-095, 388-155-098, 388-155-160, 388-155-190, 388-155-330, 388-155-370, 388-155-380, 388-155-420, 388-155-480, 388-155-605, 388-155-610, 388-155-620, 388-155-630, 388-155-640, 388-155-650, 388-155-660, 388-155-670, 388-155-680; add area code in WAC 388-155-270 (6)(c) (inadvertently omitted).

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: WACs cited above will have the word "shall" changed to "must" throughout. This will make the intent more clear. Area code that was inadvertently omitted will be added.

Reasons Supporting Proposal: Governor's Initiative to clarify and simplify rules.

Name of Agency Personnel Responsible for Drafting: Leslie Edwards-Hill, 14th and Jefferson, Olympia, Washington 98504-5700, (360) 902-8041; Implementation and Enforcement: Office of Care Policy, 14th and Jefferson, Olympia, Washington 98504-5700, (360) 902-8041.

Name of Proponent: Office of Child Care Policy, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The word "shall" will be changed to "must" throughout the text, which will clarify the intent of the rule. This is also in conformity with the clear rule writing style and principles. It will be easier for providers to understand that rules with "must" are mandatory. Area code that was omitted will be added so that providers can utilize the phone number.

Proposal Changes the Following Existing Rules: This changes existing rules by adding an area code which was omitted inadvertently in the adopted rules. The word "shall" will be changed to "must" throughout the text, which will clarify the intent of the rule.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Paige Wall, Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98503-5850, fax (360) 664-6185 , AND RECEIVED BY July 5, 2000.


April 14, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2711.2
AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-040
Local ordinances and codes.

The department ((shall)) must issue or deny a license on the basis of the applicant's compliance with minimum licensing and procedural requirements. Local officials ((shall)) must be responsible for enforcing city ordinances and county codes, such as zoning and building regulations.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-040, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-050
Waivers.

(1) In an individual case, the department, for good cause, may waive a specific requirement and may approve an alternate method of achieving the specific requirement's intent if the:

(a) Licensee or applicant submits to the department a written waiver request fully explaining the circumstances necessitating the waiver; and

(b) Department determines waiver approval will not jeopardize the safety or welfare of the child in care or detract from the quality of services the licensee delivers.

(2) The department may approve a waiver request only for a specific purpose or child and for a specific period of time not exceeding the expiration date of the license.

(3) The department may limit or restrict a license issued in conjunction with a waiver.

(4) The licensee ((shall)) must maintain on the premises a copy of the written waiver approval.

(5) The department's denial of a waiver request ((shall)) must not be subject to appeal under chapter 34.05 RCW.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-050, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-060
Dual licensure.

The department ((shall)) must not issue a family child care home license to the applicant having a foster family home license or other license involving full-time care or permit simultaneous care for the child and adult on the same premises. An exception may be granted if the applicant or licensee:

(1) Demonstrates evidence that care of one client category will not interfere with the quality of care provided to another category of clients;

(2) Requests and obtains a waiver permitting dual licensure;

(3) Maintains the most stringent maximum capacity limitation for the client categories concerned; and

(4) Where the licensee desires to exceed the most stringent maximum capacity limitation, requests an additional waiver to subsection (3) above. This additional waiver request may be written on one form with the request for dual licensing.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-060, filed 4/26/96, effective 5/27/96. Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-060, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96, effective 11/1/96)

WAC 388-155-085
Initial license.

(1) The department may issue an initial license to an applicant not currently licensed to provide child day care when the applicant:

(a) Can demonstrate compliance with the rules contained in this chapter pertaining to the health and safety of the child in care; but

(b) Cannot demonstrate compliance with the rules pertaining to:

(i) Provider-child interactions,

(ii) Capacity,

(iii) Behavior management,

(iv) Activity and routines,

(v) Child records and information, and

(vi) Other rules requiring department observation of the applicant's ability to comply with rules.

(c) Can provide a plan, acceptable to the department, to comply with rules found in subsection (1)(b) of this section.

(2) The department may issue an initial license to an applicant for a period not to exceed six months, renewable for a period not to exceed two years.

(3) The department ((shall)) must evaluate the applicant's ability to comply with all rules contained in this chapter during the period of initial licensure prior to issuing a full license.

(4) The department may issue a full license to the applicant demonstrating compliance with all rules contained in this chapter at any time during the period of initial licensure.

(5) The department ((shall)) must not issue a full license to the applicant who does not demonstrate the ability to comply with all rules contained in this chapter during the period of initial licensure.

[Statutory Authority: RCW 74.15.030. 96-20-095, 388-155-085, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending Order 3974, filed 4/26/96, effective 5/27/96)

WAC 388-155-090
License denial, suspension, or revocation.

(1) Before granting a license and as a condition for continuance of a license, the department ((shall)) must consider the ability of the applicant and licensee to meet the requirements of this chapter. If more than one person is the applicant or licensee, the department:

(a) ((Shall)) must consider the persons' qualifications separately and jointly; and

(b) May deny, suspend, revoke, or not renew the license based on the failure of one of the persons to meet the requirements.

(2) The department ((shall)) must deny, suspend, revoke, or not renew the license of a person who:

(a) Has abused, neglected, or sexually exploited a child as those acts or omissions are defined in RCW 26.44.020 and WAC 388-15-130, is ineligible to provide care because of a criminal history under chapter 388-330 WAC, or allows such a person on the premises;

(b) Commits or was convicted of a felony reasonably related to the competency of the person to meet the requirements of this chapter;

(c) Engages in illegal use of a drug or excessive use of alcohol;

(d) Commits, permits, aids, or abets the commission of an illegal act on the premises;

(e) Commits, permits, aids, or abets the abuse, neglect, exploitation, or cruel or indifferent care to a child in care;

(f) Refuses to permit an authorized representative of the department, state fire marshal, department of health, or state auditor's office to inspect the premises; or

(g) Refuses to permit an authorized representative of the department, the department of health, or the state auditor's office access to records related to operation of the home or to interview an assistant or a child in care.

(3) The department may deny, suspend, revoke, or not renew a license of a person who:

(a) Seeks to obtain or retain a license by fraudulent means or misrepresentation, including, but not limited to:

(i) Making a materially false statement on the application; or

(ii) Omitting material information on the application.

(b) Provides insufficient staff in relation to the number, ages, or characteristics of children in care;

(c) Allows a person unqualified by training, experience, or temperament to care for or be in contact with a child in care;

(d) Violates any condition or limitation on licensure including, but not limited to:

(i) Permitting more children on the premises than the number for which the home is licensed; or

(ii) Permitting on the premises a child of an age different from the ages for which the home is licensed.

(e) Fails to provide adequate supervision to a child in care;

(f) Demonstrates an inability to exercise fiscal responsibility and accountability with respect to operation of the home;

(g) Misappropriates property of a child in care;

(h) Knowingly permits on the premises an employee or volunteer who has made a material misrepresentation on an application for employment or volunteer service;

(i) Refuses or fails to supply necessary, additional department-requested information; or

(j) Fails to comply with any provision of chapter 74.15 RCW or this chapter.

(4) The department ((shall)) must not issue a license to a person who has had denied, suspended, revoked, or not renewed a license to operate a facility for the care of children or adults, in this state or elsewhere, unless the person demonstrates by clear, cogent, and convincing evidence the person has undertaken sufficient corrective action or rehabilitation to warrant public trust and to operate the home in accordance with the rules of this chapter.

(5) The department's notice of a denial, revocation, suspension, or modification of a license and the applicant's or licensee's right to a hearing ((shall)) must be governed under RCW 43.20A.205.

[Statutory Authority: RCW 74.15.030. 96-10-043 (Order 3974), 388-155-090, filed 4/26/96, effective 5/27/96. Statutory Authority: RCW 74.12.340. 94-13-201 (Order 3745), 388-155-090, filed 6/22/94, effective 7/23/94. Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-090, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96, effective 11/1/96)

WAC 388-155-092
Civil penalties.

(1) Before imposing a civil penalty, the department ((shall)) must provide written notification by personal service, including by the licensor, or certified mail which ((shall)) must include:

(a) A description of the violation and citation of the applicable requirement or law;

(b) A statement of what is required to achieve compliance;

(c) The date by which the department requires compliance;

(d) The maximum allowable penalty if timely compliance is not achieved;

(e) The means to contact any technical assistance services provided by the department or others; and

(f) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.

(2) The length of time in which to comply ((shall)) must depend on:

(a) The seriousness of the violation;

(b) The potential threat to the health, safety and welfare of children in care; or

(c) Previous opportunities to correct the deficiency.

(3) The department may impose a civil penalty based on but not limited to these reasons:

(a) The child care home has previously been subject to an enforcement action for the same or similar type of violation of the same stature or rule; or

(b) The child care home has previously been given notice of the same or similar type of violation of the same statute or rule; or

(c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

(4) The department may impose a civil penalty in addition to or in conjunction with other disciplinary actions against a child care license including probation, suspension, or other action.

(5) The civil fine ((shall)) must be payable twenty-eight days after receipt of the notice or later as specified by the department.

(6) The fine may be forgiven if the agency comes into compliance during the notification period.

(7) The center or person against whom the department assesses a civil fine has a right to an adjudicative proceeding as governed by RCW 43.20A.215.

[Statutory Authority: RCW 74.15.030. 96-20-095, 388-155-092, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96, effective 11/1/96)

WAC 388-155-093
Civil penalties--Amount of penalty.

Whenever the department imposes a civil monetary penalty per WAC 388-155-092(3), the department ((shall)) must impose a penalty of seventy-five dollars per violation per day. The department may assess and collect the penalty with interest for each day of noncompliance.

[Statutory Authority: RCW 74.15.030. 96-20-095, 388-155-093, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96, effective 11/1/96)

WAC 388-155-094
Civil penalty--Posting of notice of penalty.

(1) The licensee ((shall)) must post the final notice of a civil penalty in a conspicuous place in the facility.

(2) The notice ((shall)) must remain posted until payment is received by the department.

[Statutory Authority: RCW 74.15.030. 96-20-095, 388-155-094, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96, effective 11/1/96)

WAC 388-155-095
Civil penalties--Unlicensed programs.

Where the department has determined that an agency is operating without a license, the department ((shall)) must send written notification by certified mail or other means showing proof of service. This notification ((shall)) must contain the following:

(1) Advising the agency of the basis of determination of providing child care without a license and the need to be licensed by the department;

(2) The citation of the applicable law;

(3) The assessment of seventy-five dollars per day penalty for each day unlicensed care is provided. The fine would be effective and payable within thirty days of receipt of the notification;

(4) How to contact the office of child care policy;

(5) The need to submit an application to the office of child care policy within thirty days of receipt of the notification;

(6) That the penalty may be forgiven if the agency submits an application within thirty days of the notification; and

(7) The right of an adjudicative proceeding as a result of the assessment of a monetary penalty and the appropriate procedure for requesting an adjudicative proceeding.

[Statutory Authority: RCW 74.15.030. 96-20-095, 388-155-095, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91)

WAC 388-155-160
Off-site trips.

(1) The licensee may transport or permit the off-site travel of the child to attend school, participate in field trips, or engage in other off-site activities only with written parental consent.

(2) The parent's consent may be:

(a) For a specific date and trip; or

(b) A blanket authorization describing the full range of trips the child may take. In such case, the licensee ((shall)) must notify the parent in advance about the trip.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-160, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-190
Capacity.

(1) The department ((shall)) must determine the maximum capacity of the family child care home based on the:

(a) Licensee's experience and training;

(b) Assistant's qualifications;

(c) Number, ages, and characteristics of the children cared for;

(d) Number and ages of the licensee's own children and other children residing in the home eleven years of age and under;

(e) Usable indoor and outdoor space; and

(f) Supply of toys and equipment.

(2) The department may license the family child care home according to the following table:


NUMBER OF

PROVIDERS

REQUIRED

AGE RANGE

IN YEARS

MAXIMUM

NUMBER

OF CHILDREN

UNDER TWO

YEARS OF AGE

MAXIMUM

NUMBER OF

CHILDREN

(a) Licensee Birth - 11 2 6
(b) Licensee with

one year

experience

2 - 11

None

8

(c) Licensee with

one year

experience

5 - 11

None

10

(d) Licensee with

one year

experience plus

assistant

Birth - 11

4

9

(e) Licensee with

two years'

experience and

one early childhood

education (ECE) class

3 - 11

None

10

(f) Licensee with

two years'

experience and

one ECE

class plus assistant

Birth - 11

4

12


So that the:

(a) Unassisted licensee may provide care for a maximum of six children, birth through eleven years of age, with two or fewer children under two years of age; or

(b) Unassisted licensee with one year of experience operating a licensed family child care home or the equivalent experience may provide care for a maximum of eight children, two years through eleven years of age; or

(c) Unassisted licensee with one year of experience operating a licensed family child care home or the equivalent experience may provide care for a maximum of ten children, five years through eleven years of age; or

(d) Licensee with one year of experience as a licensed family child care home provider or the equivalent experience and an assistant may provide care for seven through nine children, birth through eleven years of age, with four or fewer children under two years of age; or

(e) Unassisted licensee with two years of experience operating a licensed family child care home or the equivalent experience and one class in ECE, or the equivalent education, may provide care for a maximum of ten children, three years through eleven years of age; or

(f) Licensee with two years of experience operating a licensed family child care home or the equivalent experience, one class in ECE or the equivalent education, and a qualified assistant may provide care for a maximum of twelve children, birth through eleven years of age, with four or fewer children under two years of age.

(3) The licensee ((shall)) must ensure an assistant is on the premises when:

(a) Three or more children under two years of age are in care;

(b) Seven or more children are in care and any child in care is under two years of age; or

(c) More than ten children are in care.

(4) The department's determination of capacity shall include all children eleven years of age or under on the premises.

(5) The licensee ((shall)) must ensure the assistant is eighteen years of age or older when the assistant is solely responsible for the child in care.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-190, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending WSR 00-06-040, filed 2/28/00, effective 3/30/00)

WAC 388-155-270
Care of young children.

(1) Diapering and toileting. The licensee must ensure:

(a) The diaper-changing area is:

(i) Separate from food preparation areas; and

(ii) Easily accessible to a handwashing sink other than a sink used for food preparation;

(iii) Sanitized between use for different children; or

(iv) Protected by a disposable covering discarded after each use.

(b) The diaper-changing area is impervious to moisture and washable.

(2) The licensee must:

(a) Use a nonabsorbent pad large enough for the child's upper body and buttocks;

(b) Use reusable diapers, a commercial diaper service, or disposable diapers;

(c) Place soiled diapers without rinsing into a separate, cleanable, covered container provided with a waterproof liner before transporting to a laundry, parent, or acceptable disposal;

(d) Remove soiled diapers from the home daily or more often unless the licensee uses a commercial diaper service;

(e) Use disposable towels or clean, reusable towels laundered between use for different children for cleaning the child; and

(f) Wash hands after diapering the child or helping the child with toileting.

(3) The licensee must:

(a) Consult with the child's parent regarding initiating toilet training;

(b) Locate potty chairs on washable, nonabsorbent surfaces in appropriate toileting area when in use; and

(c) Sanitize toilet training equipment after each use.

(4) Feeding. The licensee and the infant's parent must agree on a schedule for feedings:

(a) The licensee or parent may provide the child's bottle feeding in the following manner:

(i) A filled bottle brought from home;

(ii) Whole milk or formula in ready-to-feed strength; or

(iii) Formula requiring no preparation other than dilution with water, mixed on the premises, following manufacturer's directions.

(b) The licensee must prepare the child's bottle and nipple in a sanitary manner in an area separate from the diapering area.

(c) The licensee must sanitize the child's bottle and nipple between uses.

(d) The licensee must label the bottle with the child's name and date prepared, if more than one bottle-fed child is in care.

(e) The licensee must refrigerate a filled bottle if the child does not consume the contents immediately and discard the bottle's contents if the child does not consume the contents within twelve hours.

(f) To ensure safety and promote nurturing, the licensee and assistant must:

(i) Hold the child in a semi-sitting position for feeding, if the child is unable to sit in a high chair, unless such is against medical advice;

(ii) Interact with the child;

(iii) Not prop a bottle;

(iv) Not give a bottle to the reclining child; and

(v) Take the bottle from the child when the child finishes feeding.

(g) The licensee must provide semi-solid food for the child, upon consultation with the parent, as recommended by the child's health care provider.

(5) Sleeping equipment. The licensee must furnish the child a single-level crib, infant bed, bassinet, or play pen for napping until such time the parent and licensee agree the child can safely use a mat, cot, or other approved sleep equipment.

(6) The licensee must ensure the young child has a sturdy crib, infant bed, bassinet, or play pen:

(a) Made of wood, metal, or plastic with secure latching devices; and

(b) Constructed with two and three-eighths inches or less space between vertical slats when the crib is used for a child six months of age or younger; and

(c) The licensee must follow the recommendations of the American Academy of Pediatrics (1-800-505-CRIB (([1-800-505-CRIB]))), placing infants on their backs each time for sleep. The provider may use a different sleep position if the parent requests it in writing.

(7) The licensee must ensure the child's crib mattress, infant bed, bassinet, or play pen mattress is:

(a) Snug fitting, preventing the infant from being caught between the mattress and crib side rails; and

(b) Waterproof, easily sanitized, and in good repair.

(8) Activities and equipment. The licensee must provide the young child a daily opportunity for:

(a) Large and small muscle development;

(b) Crawling and exploring;

(c) Sensory stimulation;

(d) Social interaction;

(e) Development of communication; and

(f) Learning self-help skills.

(9) The licensee must provide safe, noningestible, suitable toys and equipment for the young child's mental and physical development.

[Statutory Authority: RCW 74.15.030. 00-06-040, 388-155-270, filed 2/28/00, effective 3/30/00; 91-04-048 (Order 3136), 388-155-270, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-330
Indoor play area.

(1) The home's indoor premises ((shall)) must contain adequate space for child play and sufficient space to house developmentally appropriate activities for the number and age range of children served. The licensee ((shall)) must provide a minimum of thirty-five square feet of usable floor space per child, exclusive of a bathroom, hallway, and closet.

(2) The licensee may use and consider the napping area as child care space if mats and cots are removed when not in use. The licensee may consider the kitchen usable space if:

(a) Appliances and utensils do not create a safety hazard;

(b) Toxic or harmful substances are not accessible to the child;

(c) Food preparation and storage sanitation is maintained; and

(d) The space is used safely and appropriately as a child care activity area.

(3) The licensee may use a room for multiple purposes such as playing, dining, napping, and learning activities, provided:

(a) The room is of sufficient size; and

(b) The room's use for one purpose does not interfere with use of the room for another purpose.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-330, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-370
Storage.

(1) The licensee ((shall)) must provide accessible individual space for the child to store clothes and personal possessions.

(2) The licensee ((shall)) must provide sufficient space to store equipment, supplies, records, files, cots, mats, and bedding.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-370, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-380
Home atmosphere.

(1) The licensee ((shall)) must provide a cheerful learning environment for the child consistent with a family home environment by placing visually stimulating decorations, pictures, or other attractive materials at appropriate heights for the child.

(2) The licensee ((shall)) must maintain a safe and developmentally appropriate noise level, without inhibiting normal ranges of expression by the child, so provider and child can be clearly heard and understood in normal conversation.

(3) The licensee ((shall)) must locate light fixtures and provide lighting intensities promoting good visibility and comfort for the child in care.

(4) The licensee ((shall)) must maintain the temperature within the home at:

(a) Sixty-eight degrees Fahrenheit or more during the child's waking hours; and

(b) Sixty degrees Fahrenheit or more during the child's napping or sleeping hours.

(5) The licensee ((shall)) must ventilate the home for the health and comfort of the child in care.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-380, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-420
Child abuse, neglect, and exploitation.

The licensee and assistant ((shall)) must protect the child in care from child abuse, neglect, or exploitation as required under chapter 26.44 RCW.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-420, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-480
Reporting of death, injury, illness, epidemic, or child abuse.

The licensee ((shall)) must report immediately:

(1) A death, serious injury requiring medical treatment, or illness requiring hospitalization of a child in care, by telephone and in writing, to the parent, licensor, and child's social worker, if any;

(2) An instance when the licensee or assistant has reason to suspect the occurrence of physical, sexual, or emotional child abuse, child neglect, or child exploitation, as required under chapter 26.44 RCW, by telephone, to child protective services or local law enforcement; or

(3) An occurrence of food poisoning or communicable disease, as required by the state board of health, by telephone, to the local public health department.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-480, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-605
Hazardous areas.

Rooms or spaces containing a commercial-type kitchen, boiler, maintenance shop, janitor closet, laundry, woodworking shop, flammable or combustible storage, painting operation, or parking garage ((shall)) must be separated from the family child day care home or any exits by a fire wall.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-605, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-610
Single station smoke detectors.

(1) Smoke detectors ((shall)) must be located in all sleeping and napping rooms in family child day care homes.

(2) In family child day care homes with more than one story, and in family child day care homes with basements, a smoke detector ((shall)) must be installed on each story and in the basement.

(3) In family child day care homes where a story or basement is split into two or more levels, the smoke detector ((shall)) must be installed in the upper level, except that when the lower level contains a sleeping or napping area, a smoke detector ((shall)) must be located on each level.

(4) When sleeping or napping rooms are on an upper level, the smoke detector ((shall)) must be placed on the ceiling of the upper level in close proximity to the stairway and in each sleeping/napping room.

(5) In a family child day care home where the ceiling height of a room open to the hallway serving sleeping or napping rooms exceeds that of the hallway by twenty-four inches or more, smoke detectors ((shall)) must be installed in both the hallway and the sleeping/napping room.

(6) Smoke detectors ((shall)) must sound an alarm audible in all areas of the building.

(7) In new construction, required smoke detectors ((shall)) must receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring ((shall)) must be permanent and without a disconnecting switch other than those required for overcurrent protection.

(8) Smoke detectors may be battery operated when installed in existing buildings or buildings without commercial power.

(9) Where battery operated smoke detectors are installed, at least one extra battery of the type and size specified for the battery operated smoke detector ((shall)) must be maintained upon the premises.

(10) Single station smoke detectors ((shall)) must be tested at monthly intervals or in a manner specified by the manufacturer. Records of such testing shall be maintained upon the premises.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-610, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-620
Alternate means of sounding a fire alarm.

In addition to single station smoke detectors, family child day care homes ((shall)) must provide an alternate means for sounding a fire alarm. A police type whistle or similar device is adequate for meeting this requirement, provided that whatever method is selected is limited to an evacuation emergency only.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-620, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-630
Fire extinguisher.

(1) At least one approved 2A, 10B:C rated fire extinguisher ((shall)) must be provided on each floor level occupied for day care use. Such extinguisher ((shall)) must be located in the area of the normal path of egress. The maximum travel distance to an extinguisher shall not exceed seventy-five feet.

(2) Fire extinguishers ((shall)) must be operationally ready for use at all times.

(3) Fire extinguisher ((shall)) must be kept on a shelf or mounted in the bracket provided for this purpose so that the top of the extinguisher is not more than five feet above the floor.

(4) The licensee ((shall)) must ensure that fire extinguishers receive annual maintenance certification by a firm specializing in and licensed to do such work. Maintenance means a thorough check of the extinguisher to include examination of:

(a) Mechanical parts;

(b) Extinguishing agent; and

(c) Expelling means.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-630, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-640
Fire prevention.

(1) The licensee ((shall)) must ensure that the local fire department is requested to visit the family child day care home to become familiar with the facility and to assist in planning evacuation or emergency procedures. Where a fire department does not provide this service, the licensee ((shall)) must document this contact.

(2) Furnace rooms ((shall)) must be maintained free of lint, grease and rubbish accumulations and other combustibles and suitably isolated, enclosed or protected.

(3) Flammable or combustible materials ((shall)) must be stored away from exits and in areas which are not accessible to children. Combustible rubbish shall not be allowed to accumulate and ((shall)) must be removed from the building or stored in closed, metal containers.

(4) The licensee ((shall)) must keep all areas used for child care clean and neat, making sure that all waste generated daily is removed from the building and disposed of in a safe manner outside the building. All containers used for the disposal of waste material ((shall)) must be of noncombustible materials with tops. Electrical motors shall be kept dust-free.

(5) Open-flame devices capable of igniting clothing ((shall)) must not be left on, unattended or used in a manner which could result in an accidental ignition of children's clothing. Candles ((shall)) must not be used.

(6) A flashlight ((shall)) must be available for use as an emergency power source.

(7) All electrical circuits, devices and appliances ((shall)) must be properly maintained. Circuits ((shall)) must not be overloaded. Extension cords and multi-plug adapters ((shall)) must not be used in lieu of permanent wiring and proper receptacles.

(8) The use of portable space heaters of any kind is prohibited.

(9) Approved numbers or addresses ((shall)) must be placed on all new and existing homes and in the driveway to the house when the house is not visible from the road. The numbers or address ((shall)) must be in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers ((shall)) must contrast with their background.

(10) Fireplaces, woodstoves, similar devices and their connections ((shall)) must be approved by the local building official. If the woodstove is used as a sole source of heat or is used during hours of operation, such devices ((shall)) must be cleaned, maintained and inspected on at least an annual basis by a person or firm specializing in such work and licensed.

Where open flames and/or hot surfaces are accessible, approved barriers ((shall)) must be erected to prevent children from coming in contact with the open flames and/or hot surfaces.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-640, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-650
Sprinkler system maintenance.

Sprinkler systems, if installed, ((shall)) must be tested on an annual basis by a person or agency qualified by licensing. The results of the system test ((shall)) must be documented on forms provided by the licensor and maintained at the home for inspection by the licensor.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-650, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-660
Fire evacuation plan.

Each home ((shall)) must develop written fire evacuation plans. The evacuation plan ((shall)) must include an evacuation floor plan, identifying exit doors and windows, that ((shall)) must be posted at a point clearly visible to the assistant and parents. Plans ((shall)) must include the following:

(1) Action to be taken by the person discovering a fire;

(2) Method to be used for sounding an alarm on the premises;

(3) Action to be taken for evacuation of the building and assuring accountability of the children; and

(4) Action to be taken pending arrival of the fire department.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-660, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-670
Fire evacuation drill.

A fire evacuation drill ((shall)) must be conducted at least once each month. A written record, the fire safety record and evacuation plan, ((shall)) must be maintained and posted on the premises indicating the date, time and other required entries on the form. Such forms are available from the office of child care policy.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-670, filed 4/26/96, effective 5/27/96.]


AMENDATORY SECTION(Amending Order 9373, filed 4/26/96, effective 5/27/96)

WAC 388-155-680
Staff training.

The licensee and each employee or assistant ((shall)) must be familiar with all elements of the fire evacuation plan and must be capable of accomplishing the following:

(1) Operation of fire extinguisher installed on the premises.

(2) Testing smoke detectors (single station types).

(3) Conducting frequent inspections of the home to identify fire hazards and take action to correct any hazards noted during the inspection. Such inspections should be conducted on a monthly basis and records kept on the premises for review by the licensor.must

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-680, filed 4/26/96, effective 5/27/96.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office