Effective Date of Rule: Thirty-one days after filing.

     Purpose: 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 170-295-4100.

     Statutory Authority for Adoption: Chapter 43.215 RCW.

     Other Authority: 16 C.F.R. parts 1219, 1220, 1500, et al.

      Adopted under notice filed as WSR 12-17-156 on August 22, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: October 30, 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.]