Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-01-060 [13-01-060].

     Title of Rule and Other Identifying Information: WAC 170-296A-2950, regarding carbon monoxide detectors.

     Hearing Location(s): Department of Early Learning (DEL), Republic Building, 505 East Union Avenue S.E., Suite 300, Olympia, WA 98501, on March 12, 2013, at 6:00 p.m.

     Date of Intended Adoption: Not earlier than April 9, 2013.

     Submit Written Comments to: Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, online at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 586-0533, by midnight on March 12, 2013.

     Assistance for Persons with Disabilities: Contact DEL rules coordinator by February 26, 2013, (360) 407-1971.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify WAC 170-296A-2950, regarding carbon monoxide detector requirements.

     Reasons Supporting Proposal: The proposed rules clarify the requirement for carbon monoxide detectors in licensed family home child care settings.

     Statutory Authority for Adoption: RCW 43.215.070 and 43.215.060, chapter 43.215 RCW.

     Statute Being Implemented: Chapter 43.215 RCW.

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

     Name of Proponent: DEL, governmental.

     Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Administrator, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1962; Implementation and Enforcement: DEL licensing offices, statewide.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.

     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.

February 6, 2013

Bette Hyde

Director

OTS-5291.1

AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)

WAC 170-296A-2950   Smoke and carbon monoxide detectors.   (1)(a) The licensee must have and maintain working smoke detectors in the home.

     (b) At least one smoke detector must be located:

     (i) In each licensed sleeping area; and

     (ii) On each level of the home.

     (c) Smoke detectors must be placed on the ceiling or wall, but not on the wall above any door.

     (2) ((To comply with)) The licensee must have and maintain working carbon monoxide detectors in the home as provided in RCW 19.27.530 and WAC 51-51-0315((, if the licensee's home was built on or after July 1, 2010, a working carbon monoxide detector must be installed in each area licensed for sleeping or napping. The licensee may use combination smoke/carbon monoxide detectors)).

     (3) One extra battery for each smoke detector and each carbon monoxide detector must be kept on the premises.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-2950, filed 11/14/11, effective 3/31/12.]