WSR 12-02-059




[ Filed January 3, 2012, 11:54 a.m. ]

     Subject of Possible Rule Making: Chapter 170-295 WAC, Minimum licensing requirements for child care centers, and related chapters as appropriate. Revising rules regarding infant/toddler cribs that may be approved for use in department of early learning (DEL) licensed child care consistent with new federal regulations.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.070, 43.215.200, chapter 43.215 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 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. The federal rules generally cover cribs with rigid sides or slats, and would prohibit cribs with "drop-sides" that can be raised or lowered. The CPSC found that issues with crib design, drop-sides, structural strength, and/or improper assembly that have led to numerous infant and toddler injuries and deaths.

     DEL plans to align child care center regulations with the CPSC rules. DEL rules requiring family home child care licensees to meet the CPSC crib standards were adopted in new chapter 170-296A WAC, filing number WSR 11-23-068.

     This rule making meets the requirements under the office of financial management guidance on implementing Governor's Executive Order 10-06/11-03 suspending noncritical rule making but allowing rules to proceed that are "necessary to protect public health, safety and welfare ..."

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: As appropriate, DEL plans to coordinate rule making with or seek input on the draft rules from the following agencies:

CPSC, which regulates infant/toddler durable product safety standards under section 104(b) of the United States Consumer Product Safety Improvement Act of 2008.
State department of health, which monitors product health and safety, including child toy and equipment recalls.
United States Department of Health and Human Services-Administration for Children and Families, which monitors child health and safety in Early Head Start and Migrant Head Start programs that serve infants and toddlers.
State superintendent of public instruction, and local school districts which offer child care or teen parenting programs.
State board of community and technical colleges, specifically colleges which offer child care services.

     Process for Developing New Rule: As resources permit, DEL plans to circulate draft materials for informal input. At a future date, DEL will file proposed rules, schedule a public hearing or hearings, and accept written comments before adopting final rules.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Anyone interested in these rules may send comments or join a mailing list to receive notices, draft and proposed materials by contacting the DEL rules coordinator by e-mail at, by fax to (360) 725-4459, or by mail to P.O. Box 40970, Olympia, WA 98504-0970.

January 3, 2012

Andy Fernando

Rules Coordinator

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