Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-02-059.

     Title of Rule and Other Identifying Information: Chapter 170-295 WAC, Minimum licensing requirements for child care centers.

     Hearing Location(s): Department of Early Learning (DEL), 1110 Jefferson Street S.E., Olympia, WA 98501, on September 28, 2012, at 1:00 p.m. - 2:30 p.m.

     Date of Intended Adoption: October 29, 2012.

     Submit Written Comments to: DEL, Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, on-line at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 586-0533, by September 26, 2012.

     Assistance for Persons with Disabilities: Contact DEL rules coordinator by September 23, 2012, (360) 725-4421.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Recent United States Consumer Product Safety Commission (CPSC) rules require child care facilities nationwide to use only cribs that meet 2010 testing and design requirements of American Society for Testing and Materials standard F1169-10 for full-size cribs, or standard F406-10a for nonfull-size cribs. See Federal Register Volume 75, Number 248, pages 81765-81788. Child care facilities have until December 28, 2012, to replace cribs that do not meet the federal standards.

     Reasons Supporting Proposal: Anyone who is covered by the new crib standards and does not comply commits a prohibited act under section 19 (a)(1) of the Consumer Product Safety Act (CPSA). A person or company that knowingly commits a prohibited act is subject to possible civil penalties.

     Statutory Authority for Adoption: Chapter 43.215 RCW.

     Statute Being Implemented: 16 C.F.R. Parts 1219, 1220, 1500, et al.

     Rule is necessary because of federal law, 16 C.F.R. Parts 1219, 1220, 1500, et al.

     Name of Proponent: Department of early learning, governmental.

     Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Child Care Administration, state office, (360) 725-4692; Implementation and Enforcement: DEL licensing offices, statewide.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is being adopted solely for the purpose of conformity or compliance, or both, with federal statute or regulations 16 C.F.R. Parts 1219, 1220, 1500, et al. CPSC rules require child care facilities nationwide to use only cribs that meet 2010 testing and design requirements of American Society for Testing and Materials standard F1169-10 for full-size cribs, or standard F406-10a for nonfull-size cribs. See Federal Register Volume 75, Number 248, pages 81765-81788.

     A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.

August 21, 2012

Elizabeth M. Hyde

Director

OTS-4879.1

AMENDATORY SECTION(Amending WSR 06-15-075 filed 7/13/06, effective 7/13/06)

WAC 170-295-4100   What sleep equipment do I need for infants?   (1) You must not put infants to sleep in infant or car seats.

     (2) You must provide each infant with a single-level crib (stacking cribs must not be used), infant bed, bassinet or playpen for napping until you and the parent agree that the child can safely use a mat, cot or other approved sleeping equipment.

     (3) ((Cribs, if used, must:

     (a) Be sturdy and made of wood, metal or plastic with a secure latching device;

     (b) Be constructed with vertical slats that are no more than two and three-eighths inches apart or be solid plexiglas;

     (c) Have corner posts that extend less than one-sixteenth of an inch above the sides and railing;

     (d) Not have cutout designs on the end panels;

     (e) Have a rail height and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position of at least nine inches;

     (f) Have a rail height and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position of at least twenty-six inches; and

     (g) Not use crib bumper pads, stuffed toys, quilts, lambskins, and pillows in cribs, infant beds, bassinets or playpens.)) Effective December 28, 2012, each crib in use in licensed child care must meet U.S. Consumer Product Safety Commission (CPSC) requirements for full size cribs as defined in 16 Code of Federal Regulations (C.F.R.) 1219, or nonfull size cribs as defined in 16 C.F.R. 1220.

     (a) A crib meets the requirements of this subsection if the crib is labeled by the manufacturer as made on or after June 28, 2011.

     (b) A crib labeled as made from July 1, 2010, through June 27, 2011, may meet the requirements of this subsection if the licensee has obtained a certificate of compliance from the crib manufacturer or importer, or the licensee has other documentation from the manufacturer that the crib is certified as meeting the CPSC regulations.

     (c) Any crib that does not meet the requirements of subsection (a) or (b) of this subsection must be removed from the child care facility not later than December 28, 2012.

     (d) The licensee must keep in the licensed space a log documenting that each crib in use meets the requirements of this section.

     (4) You must provide a crib, infant bed, playpen or bassinet mattress that is:

     (a) Snug fitting and touches each side of the crib to prevent the infant from becoming entrapped between the mattress and crib side rails;

     (b) Waterproof; and

     (c) Easily cleaned and sanitized, without tears or tape.

     (5) To allow walking room between cribs and reduce the spread of germs you must:

     (a) Space cribs a minimum of thirty inches apart. You may place cribs end to end if you provide a barrier. If you use barriers, staff must be able to observe and have immediate access to each child.

     (b) Provide a moisture resistant and easily cleanable solid barrier on the side or end adjacent to another crib.

     (6) You must provide:

     (a) An appropriate fitting sheet or cover for the sleeping surface; and

     (b) A clean light weight blanket or suitable cover for the child.

     (7) You must launder bedding at least weekly and more often if it becomes soiled.

[06-15-075, recodified as § 170-295-4100, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-4100, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-4100, filed 6/30/03, effective 8/1/03.]