WSR 19-08-036
[Filed March 28, 2019, 9:39 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-058.
Title of Rule and Other Identifying Information: WAC 110-300-0148 Gardens in outdoor early learning program space, 110-300-0210 Immunizations and exempt children, 110-300-0235 Safe water sources, 110-300-0275 Infant and toddler care, 110-300-0291 Infant and toddler safe sleep practices, 110-300-0400 Application materials, 110-300-0410 License and program location, and 110-300-0465 Retaining facility and program records; chapter 110-300A WAC, Minimum licensing requirements for child care centers; and chapter 110-300B WAC, Licensed family home child care standards.
Hearing Location(s): On May 8, 2019, at 1:00 p.m., at 1110 Jefferson Street S.E., St. Helens Conference Room, Olympia, WA.
Date of Intended Adoption: June 30, 2019.
Submit Written Comments to: Rules Coordinator, P.O. Box 40975, email, fax 360-902-7903, submit comments online at, by May 8, 2019.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-902-7956, fax 360-902-7903, email, by May 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend early learning program, chapter 110-300 WAC, as negotiated with parents and representatives of the regulated community and repeal child care licensing, chapters 110-300A and 110-300B WAC. The amendments allow the use of certain composted soil for gardens in outdoor early learning program space; allow flexibility for record storage when administrative functions are performed in a separate location from the licensed early learning program; clarify time periods for certain reporting that is currently required "immediately" following the incident being reported; allow license applicants, when necessary, to submit septic system inspection reports from the last three years instead of six months and well water tests conducted in the last twelve instead of six months; eliminate the need to produce letters of recommendation when applying for licensure; eliminate the application of safe sleep requirements to toddlers; and make nonsubstantive edits to improve clarity. Chapters 110-300A and 110-300B WAC are repealed as new, negotiated standards for licensed early learning programs take effect in chapter 110-300 WAC. Finally, proposed rules contain nonsubstantive housekeeping edits necessary after the decodification of Title 170 WAC and its recodification to Title 110 WAC.
Reasons Supporting Proposal: The proposed amendments were negotiated by parents and representatives of licensed child care centers, family home child cares, head start/ECEAP programs, families of enrolled children, and licensors from the former department of early learning. The modest, proposed amendments make the rules more user-friendly for the regulated community while continuing to protect the health and safety of children enrolled in early learning programs.
Statutory Authority for Adoption: RCW 43.216.250 and 43.216.255.
Statute Being Implemented: RCW 43.216.250 through 43.216.270 and RCW 43.216.280 through 43.216.340.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of children, youth, and families (DCYF), governmental.
Name of Agency Personnel Responsible for Drafting: Debbie O'Neil, Pasco, Washington, 509-544-5706; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. WAC 110-300-0235, adopted April 26, 2017, requires early learning programs to submit to water tests to determine if unsafe levels are [of] lead are present at the time of licensing and every six years thereafter. A small business economic impact statement was prepared at the time of adoption that determined the average test cost was $47, well below the minor cost threshold of $1,548. Additionally, early learning programs whose water source is a private well must test for E. coli and of nitrates at the time of licensing and every twelve months. The average well water test cost was $56 in 2017. Any remediation costs were indeterminate. Since the adoption of WAC 110-300-0235, all licensed programs have completed the initial tests and any required remediation. Future costs for licensed programs will be the periodic testing, which is below the minor cost threshold. If tests show unsafe levels, remediation will be required or the program may supply bottled water for drinking and preparing food and formula. This is not a new requirement.
March 27, 2019
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0148Gardens in outdoor early learning program space.
(1) A garden in an early learning program space must:
(a) Have safeguards in place to minimize risk of cross-contamination by animals;
(b) Use soil free from agricultural or industrial contaminants such as lead or arsenic if gardening directly in the ground;
(c) ((Use))If gardening in raised beds use:
(i) New soil that is labeled ((as))"organic" or "safe for children" and was obtained from a gardening supply store or other retail store ((if gardening in raised beds)); or
(ii) Composted soil made from material that is safe according to the Washington State University's extension master gardener composting guidelines; and
(d) Use water that comes from a private well approved by the local health jurisdiction or from a public water system. An early learning provider must make water for gardens inaccessible to children if the provider uses irrigation water.
(2) Garden beds must be made of materials that will not leach chemicals into the soil including, but not limited to, wood treated with chromated copper arsenate, creosote or pentachlorophenol, reclaimed railroad ties, or tires.
(3) Any herbicide or pesticide must be applied pursuant to the product manufacturer's directions. The product must not be applied ((during program hours))while children are present. Children must not apply the product, or have access to the garden during the manufacturer's prescribed waiting period following application.
(4) Commonplace toxic plants or plants with poisonous leaves (for example: Tomato, potato, or rhubarb) may be grown in the garden. An early learning provider must actively supervise children who are able to access a garden where commonplace toxic plants or plants with poisonous leaves are growing.
AMENDATORY SECTION(Amending WSR 18-15-001, filed 7/5/18, effective 7/5/18)
WAC 110-300-0210Immunizations and exempt children.
(1) Before attending an early learning program, a child must be vaccinated against or show proof of acquired immunity for the vaccine-preventable disease, pursuant to chapter 246-105 WAC, as now and hereafter amended. An early learning provider may accept children without proof of vaccinations or immunity as otherwise indicated in this section.
(2) An early learning provider must receive for each enrolled child:
(a) A current and complete department of health certificate of immunization status (CIS) or certificate of exemption (COE) or other department of health approved form, pursuant to WAC 246-105-050, as now and hereafter amended; or
(b) A current immunization record from the Washington state immunization information system (WA IIS).
(3) To accept a child who is not current with their immunizations, an early learning provider must give written notice to that child's parent or guardian stating the child may be accepted if the immunizations are completed consistent with chapter 246-105 WAC and:
(a) Prior to enrollment the parent or guardian provides written proof the child is scheduled to be immunized; or
(b) The parent or guardian provides a signed and dated statement detailing when the child's immunizations will be brought up to date.
(4) An early learning provider must maintain and update each child's records relating to immunizations or exemptions, or plans to bring immunizations current. These records must be available in the licensed space or easily accessible for review by department licensors, health specialists, and health consultants.
(5) An early learning provider may accept homeless or foster children into care without the records listed in this section if the child's family, ((case worker))caseworker, or health care provider offers written proof that he or she is in the process of obtaining the child's immunization records.
(6) An early learning provider ((shall))must exclude a child from care according to the criteria listed in WAC 246-105-080.
(7) If an outbreak of a vaccine-preventable disease occurs within an early learning program, an early learning provider must notify the parents or guardians of children exempt from immunization for that disease and children without vaccination documents. A provider may exclude the child from the child care premises for the duration of the outbreak of that vaccine-preventable disease.
(8) An early learning provider may have a written policy stating children exempted from immunization by their parent or guardian will not be accepted into care unless that exemption is due to an illness protected by the ADA or WLAD or by a completed and signed COE.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0235Safe water sources.
(1) Hot and cold running water ((shall be supplied to))must be directly plumbed to the early learning program premises.
(2) An early learning provider must use a Washington state certified water laboratory accredited by the department of ecology to ((analyze drinking water to)) test the program water supply for lead and copper ((within six months of the date this section becomes effective)).
(a) All fixtures used to obtain water for preparing food or infant formula, drinking, or cooking must be tested prior to licensing approval and at least once every six years((.));
(b) Testing must be done pursuant to current environmental protection agency standards((.)); and
(c) A copy of the water testing results must be kept on the licensed premises or in the program's administrative office.
(3) If the test results are at or above the current EPA lead action level, an early learning provider must ((immediately))do the following within twenty-four hours:
(a) Consult with department of health for technical assistance;
(b) Close the early learning program to prevent children from using or consuming water, or supply bottled or packaged water to meet the requirements of this chapter;
(((b) Consult with the department of health for technical assistance;
(c) Contact and advise))(c) Notify all parents and guardians of enrolled children of the test results;
(d) Notify the department of the water test results and steps taken to protect the enrolled children((;
(d) Notify all parents and guardians of the test results)); and
(e) Notify the department once lead and copper levels are below the current EPA action level.
(((3)))(4) If an early learning program space receives water from a private well, the well must comply with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells.
(a) Well water must be tested at least once every twelve months for ((coliform))E. coli bacteria and nitrates by a Washington state certified laboratory accredited by the department of ecology to analyze drinking water. To achieve desirable results the test must indicate:
(i) No presence of ((coliform))E. coli bacteria; and
(ii) The presence of less than ten parts per million (ppm) for nitrates. If test results for nitrates are greater than five but less than ten ppm, the water must be retested within six months.
(b) If well water tests positive for ((coliform))E. coli bacteria, or greater than ten ppm for nitrates, the ((early learning)) provider must:
(i) ((Immediately))Stop using the well water in the child care premises within twenty-four hours; ((and))
(ii) ((Immediately))Inform the local health jurisdiction ((or)), the department of health, and the department of the positive test results((.
(c))); and
(iii) If directed to do so by the department, ((an early learning provider must)) discontinue child care operations until repairs are made to the water system and water tests indicate desirable results pursuant to (((b)))(a) of this subsection.
(((d)))(c) If the department determines that child care operations may continue while an unsafe water system is being repaired or while the provider installs treatment, ((an early learning))the provider must:
(i) Provide an alternate source of water, approved by the department; and
(ii) ((Repair the well or install treatment as required and))Retest until ((the)) water ((meets the water quality standards pursuant to (b)))tests indicate desirable results pursuant to (a) of this subsection.
(((4)))(5) An early learning provider must ((immediately)) notify the department within four hours of when the water connection to an early learning program space is interrupted for more than one hour, or the water source becomes contaminated((:)).
(a) The department may require the early learning provider to temporarily close until the water connection is restored or the water source is no longer contaminated; or
(b) The early learning provider must obtain an alternative source of potable water such as bottled or packaged water. The amount of the alternative source of potable water must be sufficient to ensure compliance with the requirements of this chapter for safe drinking water, handwashing, sanitizing, dishwashing, and cooking.
AMENDATORY SECTION(Amending WSR 18-15-001, filed 7/5/18, effective 7/5/18)
WAC 110-300-0275Infant and toddler care.
(1) An early learning program may care for infants if the department inspects the program space and approves care for infants:
(a) Prior to issuing the program its license; or
(b) Prior to caring for infants if the program has not previously done so.
(2) An early learning provider working directly with infants must complete the department required infant safe sleep training pursuant to WAC 110-300-0106(8).
(3) An early learning provider must not use or allow the use of wheeled baby walkers.
(4) A center early learning provider licensed to care for any infant ((shall))must employ or contract with a child care health consultant to provide health consultation to support the practices of staff working with infants and to support the needs of individual infants.
(5) A center early learning provider ((shall))must enter into a department approved written agreement for services with a child care health consultant.
(a) The child care health consultant must be a currently licensed registered nurse who:
(i) Has worked in pediatrics or public health in the past five years or has taken or taught classes in pediatric nursing at the college level in the past five years;
(ii) Has experience with state licensing and public health requirements; and
(iii) Attests in writing to knowledge and experience sufficient to provide service consistent with the health consultant competencies described in the most current version of Caring for Our Children.
(b) The child care health consultant must be available, or make available a designee who meets the requirements of (a) of this subsection (((2)(a) of this section)), for consultation by phone as needed.
(6) A center early learning provider ((shall))must ensure that the child care health consultant:
(a) Conducts at least one on-site visit monthly, if an infant is enrolled, during which the consultant:
(i) Observes and assesses staff knowledge of infant health, development, and safety and offers support through training, consultation, or referral;
(ii) Observes and assesses classroom health practices including, but not limited to, infection control including cleaning, sanitizing, and disinfecting, and provides technical assistance to correct any practices of concern;
(iii) Observes and assesses behavior, development, and health status of individual infants in care and makes recommendations to staff or parents or guardians including if further assessment is recommended, as requested or otherwise determined appropriate.
(b) Provides a dated, signed, written summary to the early learning provider for each visit that includes topics discussed with parents or staff, any areas of concern related to discussion, observation, assessment, or screening outcomes; and
(c) Reports each visit to the department.
(7) A center early learning provider must keep on-site a copy of the child care health consultant's written reports along with any notes, recommended follow up, and any actions taken to address concerns identified.
(8) If a center early learning provider is unable to independently employ or contract with a child care health consultant within thirty calendar days of enrolling an infant, the provider ((shall))must contact the department for assistance. The department ((shall))will assist the provider ((obtain))in obtaining the services of a child care health consultant or may grant a waiver until the services can be secured.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0291Infant ((and toddler)) safe sleep practices.
(1) An early learning provider must follow safe infant sleep practices when infants ((and toddlers)) are napping or sleeping by following the current standard of American Academy of Pediatrics concerning safe sleep practices including SIDS/SUIDS risk reduction, including:
(a) Actively supervising infants ((or toddlers)) by visibly checking ((often))every fifteen minutes and being within sight and hearing range, including when an infant ((or toddler)) goes to sleep, is sleeping, or is waking up;
(b) ((Following the current standard of American Academy of Pediatrics concerning safe sleep practices including SIDS/SUIDS risk reduction;
(c))) Placing an infant to sleep on his or her back or following the current standard of American Academy of Pediatrics. If an infant turns over while sleeping, the provider must return the infant to his or her back until the infant is able to independently roll from back to front and front to back;
(((d)))(c) Not using a sleep positioning device unless directed to do so by an infant's ((or toddler's)) health care provider. The directive must be in writing and kept in the infant's ((or toddler's)) file;
(((e)))(d) Sufficiently lighting the room in which ((an))the infant ((or toddler)) is sleeping to observe skin color;
(((f)))(e) Monitoring breathing patterns of an infant ((or toddler));
(((g)))(f) Allowing infants ((and toddlers)) to follow their own sleep patterns;
(((h)))(g) Not allowing ((loose)) blankets, stuffed toys, pillows, crib bumpers, and similar items inside ((an occupied))a crib, bassinet, or other equipment ((where infants commonly sleep))if occupied by a resting or sleeping infant;
(((i)))(h) Not allowing a blanket or any other item to cover or drape over an occupied crib, bassinet, or other equipment where infants commonly sleep;
(((j)))(i) Not allowing ((a blanket,)) bedding((,)) or clothing to cover any portion of an infant's ((or toddler's)) head or face while sleeping, and readjusting these items when necessary; and
(((k)))(j) Preventing infants ((or toddlers)) from getting too warm while sleeping, which may be exhibited by indicators that include, but are not limited to, sweating; flushed, pale, or hot and dry skin, warm to the touch; a sudden rise in temperature; vomiting; refusing to drink, a depressed fontanelle; or irritability.
(2) An early learning provider who receives notice of a safe sleep violation must:
(a) Post the notice in the licensed space for two weeks or until the violation is corrected, whichever is longer, pursuant to WAC 110-300-0505; and
(b) Within five business days of receiving notice of the violation, provide all parents and guardians of enrolled children with:
(i) A letter describing the safe sleep violation; and
(ii) Written information on safe sleep practices for infants and toddlers.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0400Application materials.
(1) After completing a department orientation an applicant must submit a complete license application packet, pursuant to chapter ((43.215))43.216 RCW. This requirement also applies to a change of ownership. A complete license application packet includes:
(a) Professional and background information about the applicant:
(i) A completed department application form for the type of license being applied for (center or family home);
(ii) A copy of the applicant's orientation certificate ((from an))(orientation ((completed))must be taken within twelve months of ((the))license application);
(iii) A Washington state business license or a tribal, county, or city business or occupation license, if applicable;
(iv) Liability insurance, if applicable;
(v) Certificate of incorporation, partnership agreement, or similar business organization document, if applicable;
(vi) The license fee;
(vii) A copy of current government issued photo identification;
(viii) A copy of Social Security card or sworn declaration stating that the applicant does not have one;
(ix) Employer identification number (EIN) if applicant plans to hire staff; and
(x) Employment ((or))and education verification. For example, diploma, transcripts, or a sworn declaration stating that the applicant cannot verify education requirements.
(b) Information about the facility to be licensed:
(i) A floor plan, including use of proposed licensed and unlicensed space, with identified emergency exits and emergency exit pathways;
(ii) Certificate of occupancy, if applicable;
(iii) ((An on-site septic system inspection report within six months of the inspection))Documentation, no more than three years old, from a licensed inspector, septic designer, or engineer that states the septic system and drain field are maintained and in working order, if applicable;
(iv) ((Well water coliform and nitrate testing results within six months of license application))E. coli bacteria and nitrate testing results for well water that is no more than twelve months old, if applicable;
(v) A lead or arsenic evaluation agreement((, only)) for sites located in the Tacoma smelter plume (counties of King, Pierce, and Thurston); and
(vi) Lead and copper test results for drinking water((.));
(c) Program days and hours of operation, including closure dates and holiday observances; and
(d) Information about early learning program staff:
(i) List of applicant((, staff persons, volunteers,)) and household members, and if applicable and known, staff persons and volunteers required to complete the background check process as outlined in chapter ((170-06))110-06 WAC; and
(ii) Resume for applicant, center director, assistant director, program supervisor, and family home lead teacher, if applicable((; and
(iii) Three letters of professional reference for applicant, director, assistant director, program supervisor, and family home lead teacher)).
(2) An applicant must include the following policy documents with the application, which will be reviewed by the department and returned to the applicant:
(a) Parent and program policies;
(b) Staff policies;
(c) An emergency preparedness plan; and
(d) Health policies((; and
(e) A plan to prevent exposure to blood and body fluids)).
(3) An applicant must submit the completed application packet at least ninety calendar days prior to the planned opening of the early learning program. The department will inspect the early learning program space and approve all application submissions required in this chapter prior to issuing a license:
(a) The ninety calendar days begins when the department receives a complete application packet.
(b) Incomplete application packets will be returned to the applicant for completion.
(c) An applicant who is unable to successfully complete the application and licensing process within ninety days may withdraw the application and reapply when the applicant is able to meet the licensing requirements. If the applicant has completed the steps of the application process within ninety days but an external barrier out of the applicant's control exists, the reapplication fee will be waived one time.
(d) An applicant who is unable to meet the application requirements and has not withdrawn his or her application will be denied a license, pursuant to RCW ((43.215.300))43.216.325.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0410License and program location.
(1) An applicant for a license under this chapter must be at least eighteen years old.
(2) A licensee refers to the individual or organization:
(a) Whose name appears on a license issued by the department;
(b) Responsible for complying with the standards in this chapter, chapter ((43.215))43.216 RCW ((including, but not limited to, liability insurance requirements pursuant to RCW 43.215.535)), chapter ((170-06))110-06 WAC, ((DEL background check rules,)) and other applicable laws ((or))and rules; ((and))
(c) Responsible for training early learning program staff on the foundational quality standards in this chapter((.
(3) An early learning provider must comply with and implement all requirements in this chapter unless another code or ordinance is more restrictive (for example: A local municipal, building, or health authority code).
(4) An early learning provider must have the character, suitability, and competence pursuant to chapter 170-06 WAC to meet the needs of children in care.
(5) Early learning program space must be located:
(a) On a site free from environmental hazards;
(b) In an area where nonemergency services and utilities can serve the early learning program space; and
(c) In an area served by emergency fire, medical, and police during the hours the early learning provider provides care to children.
(6) An early learning provider must prevent child exposure to the following within and around the licensed premises:
(a) Lead based paint;
(b) Plumbing and fixtures containing lead or lead solders;
(c) Asbestos;
(d) Arsenic, lead, or copper in the soil or drinking water;
(e) Toxic mold; and
(f) Other identified toxins or hazards.
(7) An early learning provider must place address numbers on the outside of the house or building containing the early learning program space, and the numbers must be legible and plainly visible from the street or road serving the premises.
(8))); and
(d) Who resides on the early learning program premises (family home child care only), pursuant to RCW 43.216.010.
(3) Early learning program space must be located:
(a) On a site free from known environmental hazards;
(b) In an area where nonemergency services and utilities can serve the early learning program space; and
(c) In an area served by emergency fire, medical, and police during the hours the early learning provider provides care to children.
(4) An early learning provider must prevent enrolled children from being exposed to the following known hazards within and around the licensed premises:
(a) Lead based paint;
(b) Plumbing and fixtures containing lead or lead solders;
(c) Asbestos;
(d) Arsenic, lead, or copper in the soil or drinking water;
(e) Toxic mold; and
(f) Other identified toxins or hazards.
(5) An early learning provider must place address numbers or signage on the outside of the house or building that contains the early learning program space. The numbers or signage must be legible and plainly visible from the street or road serving the premises.
(6) A license applicant planning to open an early learning program in the designated Tacoma smelter plume (counties of King, Pierce, and Thurston) must contact the state department of ecology (DOE) and complete and sign an access agreement with DOE to evaluate the applicant's property for possible arsenic and lead soil contamination.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-300-0465Retaining facility and program records.
(1) An early learning provider must keep ((all))the records required in this chapter for a minimum of ((five))three years unless otherwise indicated.
(2) ((All records from the previous twelve months must be kept in the licensed space and be immediately available for the department or other state agency's review. Immediately accessible records include:
(a) Child records;
(b) Staff records; and
(c) Attendance records.
(3)))Attendance records must be kept for a minimum of five years.
(3) Facility and program records from the previous twelve months must be easily accessible and kept on-site or in the program's administrative office for department or other state agency's review.
(4) Records older than twelve months must be provided within two weeks of a written request by the department.
(((4)))(5) An early learning provider must keep ((other required and applicable))the following records available for department review ((according to each record's specific retention schedule. These records include:
(a) A nondiscrimination policy;
(b) Strengthening Families Program Assessment or a department-approved equivalent;
(a) The parent or guardian handbook;
(b) Furniture, sleep, and play equipment forms and specifications;
(((d)))(c) Chromated copper arsenate test results, if applicable;
(((e)))(d) Annual fire inspection by qualified fire professional, if applicable;
(((f)))(e) Annual inspection of chimney, wood stove, and fireplace, if applicable;
(((g)))(f) Monthly inspection to identify fire hazards and elimination of such hazards;
(((h)))(g) Monthly testing of smoke and carbon monoxide detectors;
(((i)))(h) Monthly fire extinguisher inspection and annual maintenance;
(((j) Menus (six months) per CACFP;
(k)))(i) Food temperature logs ((per CACFP))pursuant to CACFP, if applicable;
(((l)))(j) Child incident and illness logs;
(((m) Medication administration logs;
(n)))(k) Vaccination records for pets or animals housed at the early learning provider program;
(((o) Private well and septic systems inspection and testing results;
(p)))(l) Lead and copper testing results;
(((q) Center or family home cleaning schedule;
(r) Alternative cleaning, sanitizing, and disinfecting products approval from department health specialist;
(s)))(m) Private well and septic systems inspection and testing results, if applicable;
(n) Cleaning log for large area rugs or carpets;
(((t)))(o) Pesticide use (seven years);
(((u)))(p) Car insurance policy, if applicable;
(q) Monthly site visit from ((nurse))child care health consultant, if applicable;
(((v)))(r) Tacoma smelter inspection results;
(((w) Restraint and expulsion policy;
(x) Daily schedule;
(y)))(s) Curriculum planning ((time))schedule;
(((z) Parent or guardian handbook;
(aa)))(t) Strengthening families program self-assessment or an equivalent assessment;
(u) Documents from ((any)) department visits (inspections, monitoring, compliance agreements, and safety plans); and
(((bb)))(v) Waivers or variances from department rules, if applicable((;
(cc) Written emergency preparedness plan and drills;
(dd) Transportation policy;
(ee) Car insurance policy;
(ff) Termination of services policy;
(gg) Continuity of care policy; and
(hh) Health policy)).
The following chapter of the Washington Administrative Code is repealed:
WAC 110-300A-0001
What gives the authority to the department to license child care and charge licensing fees?
WAC 110-300A-0010
What definitions under this chapter apply to licensed child care providers?
WAC 110-300A-0020
Who needs to become licensed?
WAC 110-300A-0030
Eligibility to receive state child care subsidies.
WAC 110-300A-0040
Do I have to follow any other regulations or have any other inspections?
WAC 110-300A-0050
Can I get a waiver (exception) to the minimum licensing requirements or to licensing fees?
WAC 110-300A-0055
Can I get a dual license?
WAC 110-300A-0070
What personal characteristics do my volunteers, all staff and I need to provide care to children?
WAC 110-300A-0080
How is my licensed capacity determined?
WAC 110-300A-0090
Initial and nonexpiring full licensesLicensing fees.
WAC 110-300A-0095
Nonexpiring full license.
WAC 110-300A-0100
When can my license application be denied and when can my license be suspended or revoked?
WAC 110-300A-0110
Civil fines.
WAC 110-300A-0120
How much can I be fined?
WAC 110-300A-0130
When can an individual be fined for operating an unlicensed program?
WAC 110-300A-0140
Probationary licenses.
WAC 110-300A-1010
Who can be the director of a child care center?
WAC 110-300A-1020
What if the director does not meet the minimum qualifications?
WAC 110-300A-1030
Who can be a lead teacher in a child care center?
WAC 110-300A-1040
Who can be an assistant or aide in a child care center?
WAC 110-300A-1050
Who can be a volunteer in a child care center?
WAC 110-300A-1060
What initial and ongoing state training and registry system (STARS) training is required for child care center staff?
WAC 110-300A-1070
What continuing state training and registry system (STARS) training is required for child care center staff?
WAC 110-300A-1080
What topics must my new staff orientation include?
WAC 110-300A-1090
What kind of meetings or ongoing training must I provide my staff?
WAC 110-300A-1100
What are the requirements regarding first aid and cardiopulmonary resuscitation (CPR) training?
WAC 110-300A-1110
Who must have human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS) and bloodborne pathogen training?
WAC 110-300A-1120
What are the tuberculosis (TB) testing requirements for the staff?
WAC 110-300A-2010
What types of play materials, equipment and activities must I provide for the children?
WAC 110-300A-2020
How long can a child be at the center?
WAC 110-300A-2030
How should staff interact with children?
WAC 110-300A-2040
What behavior management and guidance practices must I have in place?
WAC 110-300A-2050
Must we provide rest periods?
WAC 110-300A-2060
What are the requirements for evening and nighttime care?
WAC 110-300A-2070
What do I need to transport the children on offsite trips?
WAC 110-300A-2080
What must I communicate to parents?
WAC 110-300A-2090
What are the required staff to child ratios and maximum group sizes for my center?
WAC 110-300A-2100
What are the exceptions to group sizes and staff to child ratios?
WAC 110-300A-2110
Are children allowed in the kitchen when they are doing supervised activities?
WAC 110-300A-2120
Are there special program requirements for infants and toddlers?
WAC 110-300A-2130
Do I need an outdoor play area?
WAC 110-300A-3010
What kind of health policies and procedures must I have?
WAC 110-300A-3020
How often must staff wash their hands?
WAC 110-300A-3030
When is a child or staff member too ill to be at child care?
WAC 110-300A-3040
How often must children wash their hands?
WAC 110-300A-3050
Am I required to give medications to the children in my care?
WAC 110-300A-3060
Who can provide consent for me to give medication to the children in my care?
WAC 110-300A-3070
How must I store medications?
WAC 110-300A-3080
Can I use bulk medications (use one container for all the children such as with diaper ointments)?
WAC 110-300A-3090
How do I handle left over medication?
WAC 110-300A-3100
When can children take their own medication?
WAC 110-300A-3110
Do I need special equipment to give medication?
WAC 110-300A-3120
What documentation is required when giving children medication?
WAC 110-300A-3130
Can anyone else give medication to children in my care?
WAC 110-300A-3140
What kind of milk can I serve?
WAC 110-300A-3150
How many meals and snacks must I serve?
WAC 110-300A-3160
What kind of food and menus must I have?
WAC 110-300A-3170
What are the food service standards I am required to meet?
WAC 110-300A-3180
What are approved food sources?
WAC 110-300A-3190
How can I be sure that the food I serve is safe?
WAC 110-300A-3200
How do I safely store food?
WAC 110-300A-3210
How do I safely thaw foods?
WAC 110-300A-3220
What type of kitchen material and equipment is required?
WAC 110-300A-3230
What type of eating and drinking equipment must I provide?
WAC 110-300A-4010
At what age can I accept infants into care?
WAC 110-300A-4020
How do I meet the nutritional needs of the infants in my care?
WAC 110-300A-4030
What is a safe way to prepare bottles?
WAC 110-300A-4040
What is a safe way to store infant formula and food?
WAC 110-300A-4050
What is a safe way to store breast milk?
WAC 110-300A-4060
What is a correct way to clean bottles and nipples?
WAC 110-300A-4070
Are there specific rules for feeding infants and toddlers?
WAC 110-300A-4080
When should I begin toilet training a child?
WAC 110-300A-4090
Can I use potty-chairs for toilet training?
WAC 110-300A-4100
What sleep equipment do I need for infants?
WAC 110-300A-4120
What must I do to be sure that diaper changing is safe and does not spread infections?
WAC 110-300A-4130
Do I need a nurse consultant?
WAC 110-300A-4140
When are children required to have a change of clothing on-site?
WAC 110-300A-5010
What first-aid supplies are required in my center?
WAC 110-300A-5020
How do I maintain a safe environment?
WAC 110-300A-5030
What do I need to include in my disaster plan?
WAC 110-300A-5040
How do I maintain a clean and sanitized environment?
WAC 110-300A-5050
How can I make sure water activities are as safe and sanitary as possible?
WAC 110-300A-5060
How must I store maintenance and janitorial supplies?
WAC 110-300A-5080
How do I safely get rid of sewage and liquid wastes?
WAC 110-300A-5090
What are the fence requirements?
WAC 110-300A-5100
What are the requirements for toilets, handwashing sinks and bathing facilities?
WAC 110-300A-5110
What are the requirements if I do laundry on the premises or offsite?
WAC 110-300A-5120
What kind of sleep and nap equipment do I need for children not in cribs, bassinets, infant beds or playpens?
WAC 110-300A-5140
Are there any requirements for storage space provided for children?
WAC 110-300A-5150
Are there temperature requirements for my facility?
WAC 110-300A-5160
What do I need to know about pesticides?
WAC 110-300A-5170
Can we have animals at the center?
WAC 110-300A-6010
What are the regulations regarding discrimination?
WAC 110-300A-6020
What are the regulations regarding religious activities?
WAC 110-300A-6030
What are the special requirements regarding American Indian children?
WAC 110-300A-6040
What are the requirements regarding child abuse and neglect?
WAC 110-300A-6050
What substances are prohibited in the child care center or on the premises?
WAC 110-300A-6060
Who is allowed to have unsupervised access to children in care?
WAC 110-300A-7010
Information to be kept in the child's individual file.
WAC 110-300A-7020
Am I required to track immunizations?
WAC 110-300A-7030
Attendance records.
WAC 110-300A-7032
Electronic attendance records—Records retention.
WAC 110-300A-7040
Facility records.
WAC 110-300A-7050
What personnel records and policies must I have?
WAC 110-300A-7060
What injuries and illnesses or child abuse and neglect must I report?
WAC 110-300A-7070
What circumstantial changes must I report to my licensor?
WAC 110-300A-7080
Materials that must be posted.
The following chapter of the Washington Administrative Code is repealed:
WAC 110-300B-0001
WAC 110-300B-0005
WAC 110-300B-0010
WAC 110-300B-0050
Special needs accommodations.
WAC 110-300B-1000
License required.
WAC 110-300B-1025
Who must be licensed.
WAC 110-300B-1050
The licensee.
WAC 110-300B-1075
Child care subsidy.
WAC 110-300B-1100
Tribal or military regulated or operated child careCertification for payment.
WAC 110-300B-1125
Orientation required.
WAC 110-300B-1150
Preservice training.
WAC 110-300B-1175
Basic STARS training.
WAC 110-300B-1200
Background checks.
WAC 110-300B-1225
Noncriminal background checks for individuals thirteen to sixteen years of age.
WAC 110-300B-1300
Withdrawing an incomplete application.
WAC 110-300B-1325
Fees—When due.
WAC 110-300B-1375
Private septic systemInspection and maintenance.
WAC 110-300B-1410
Department inspection.
WAC 110-300B-1420
Licensee declaration.
WAC 110-300B-1430
Initial license.
WAC 110-300B-1450
Nonexpiring full license.
WAC 110-300B-1475
WAC 110-300B-1525
Change in circumstances.
WAC 110-300B-1600
Multiple licenses, certifications or authorizations.
WAC 110-300B-1625
Exception to rule.
WAC 110-300B-1650
Exception to rule—Alternate method of meeting a requirement.
WAC 110-300B-1700
Licensee minimum age.
WAC 110-300B-1725
Licensee minimum education.
WAC 110-300B-1735
Minimum education—Licensees licensed prior to March 31, 2012.
WAC 110-300B-1750
WAC 110-300B-1800
Ongoing training.
WAC 110-300B-1825
First aid and cardio pulmonary resuscitation (CPR) certification.
WAC 110-300B-1850
HIV/AIDS training—Bloodborne pathogens plan.
WAC 110-300B-1875
Primary staff person.
WAC 110-300B-1900
Primary staff person minimum age.
WAC 110-300B-1910
Basic STARS training.
WAC 110-300B-1925
Assistants and volunteers—Supervision.
WAC 110-300B-1950
Assistants and volunteers—Minimum age.
WAC 110-300B-1975
Licensee/staff qualifications and requirements table.
WAC 110-300B-2025
Child records—Confidentiality.
WAC 110-300B-2050
Child records—Contents.
WAC 110-300B-2075
Licensee and staff records.
WAC 110-300B-2100
Required records for household members.
WAC 110-300B-2125
Child attendance records—Staff to child ratio records.
WAC 110-300B-2126
Electronic attendance records—Records retention.
WAC 110-300B-2150
Facility records.
WAC 110-300B-2175
Materials that must be posted.
WAC 110-300B-2200
Reporting incidents to 911 (emergency services).
WAC 110-300B-2225
Reporting incidents to Washington poison center.
WAC 110-300B-2250
Reporting incidents to a child's parent or guardian and the department.
WAC 110-300B-2275
Other incident reporting to the department.
WAC 110-300B-2300
Reporting to DSHS children's administration intake.
WAC 110-300B-2325
Reporting notifiable condition to health department.
WAC 110-300B-2350
WAC 110-300B-2375
Parent/guardian policies (handbook).
WAC 110-300B-2400
Program/operations policies.
WAC 110-300B-2425
Staff policies.
WAC 110-300B-2450
Off-site activity policy.
WAC 110-300B-2525
Building codes.
WAC 110-300B-2550
Requesting local fire department visit.
WAC 110-300B-2575
Combustible and flammable materials.
WAC 110-300B-2600
Furnaces and other heating devices.
WAC 110-300B-2625
Electrical motors.
WAC 110-300B-2650
Inspection of fireplaces, wood stoves, or similar wood-burning heating devices.
WAC 110-300B-2675
Open flame devices, candles, matches and lighters.
WAC 110-300B-2700
Emergency flashlight.
WAC 110-300B-2725
Portable heaters and generators.
WAC 110-300B-2775
WAC 110-300B-2825
Fire evacuation plan.
WAC 110-300B-2850
Disaster plan.
WAC 110-300B-2875
Fire, disaster training for staff and volunteers.
WAC 110-300B-2900
Emergency drills.
WAC 110-300B-2925
Record of emergency drills.
WAC 110-300B-2950
Smoke and carbon monoxide detectors.
WAC 110-300B-2975
Additional method to sound an alarm.
WAC 110-300B-3000
Fire extinguishers.
WAC 110-300B-3025
Fire extinguisher, smoke/carbon monoxide detector use and testing.
WAC 110-300B-3050
Monthly fire inspection.
WAC 110-300B-3200
Health plan.
WAC 110-300B-3210
Contagious disease procedure.
WAC 110-300B-3250
Immunization tracking.
WAC 110-300B-3275
Accepting a child who does not have current immunizations.
WAC 110-300B-3300
WAC 110-300B-3315
Medication management.
WAC 110-300B-3325
Medication storage.
WAC 110-300B-3375
Medication permission.
WAC 110-300B-3425
Medication requirements.
WAC 110-300B-3450
Sedating a child prohibited.
WAC 110-300B-3475
Prescription medication.
WAC 110-300B-3525
Nonprescription medications.
WAC 110-300B-3550
Children taking their own medication.
WAC 110-300B-3575
Injuries requiring first aid only.
WAC 110-300B-3600
Injuries or illness requiring professional medical treatment.
WAC 110-300B-3625
WAC 110-300B-3650
Hand sanitizers.
WAC 110-300B-3675
When handwashing is required.
WAC 110-300B-3700
WAC 110-300B-3725
Where children may sleep.
WAC 110-300B-3750
Mats, cots and other sleeping equipment.
WAC 110-300B-3775
WAC 110-300B-3800
Overnight sleeping.
WAC 110-300B-3825
Loft style and bunk beds.
WAC 110-300B-3850
Cleaning laundry.
WAC 110-300B-3875
Cleaning and sanitizing toys.
WAC 110-300B-3925
Cleaning, sanitizing, and disinfecting table.
WAC 110-300B-3950
Pest control.
WAC 110-300B-4025
Drugs and alcohol.
WAC 110-300B-4050
No smoking.
WAC 110-300B-4075
First-aid kit.
WAC 110-300B-4100
Poisons, chemicals and other substances.
WAC 110-300B-4200
Toys, equipment, and recalled items.
WAC 110-300B-4225
Indoor licensed space—Minimum space.
WAC 110-300B-4250
Indoor temperature.
WAC 110-300B-4275
Fans, air conditioning or cross ventilation.
WAC 110-300B-4300
Window coverings.
WAC 110-300B-4325
WAC 110-300B-4350
Electrical outlets, cords and power strips.
WAC 110-300B-4360
Area lighting.
WAC 110-300B-4375
Lighting safety.
WAC 110-300B-4400
Exit doors.
WAC 110-300B-4425
Night latches, deadbolts and security chains.
WAC 110-300B-4450
Interior door and locks.
WAC 110-300B-4475
Emergency exit pathways.
WAC 110-300B-4500
Emergency exits—General.
WAC 110-300B-4525
Emergency exit doors.
WAC 110-300B-4550
Emergency exit windows.
WAC 110-300B-4575
Emergency exits from areas used only for sleeping/napping areas.
WAC 110-300B-4600
Commercial use areas—Fire wall.
WAC 110-300B-4625
WAC 110-300B-4650
Bathroom floors.
WAC 110-300B-4675
Bathroom sinks.
WAC 110-300B-4700
Water temperature.
WAC 110-300B-4725
Guns and other weapons.
WAC 110-300B-4750
Storage for each child's belongings.
WAC 110-300B-4800
Pet and animal policy.
WAC 110-300B-4850
Pet/animal health and safety.
WAC 110-300B-4875
Pets or other animals interacting with children.
WAC 110-300B-4900
Pet wastes.
WAC 110-300B-4925
Licensed outdoor space.
WAC 110-300B-4950
Rails on platforms, decks, and stairs.
WAC 110-300B-5000
Play equipment.
WAC 110-300B-5025
Outdoor physical activities.
WAC 110-300B-5050
Bouncing equipment prohibited.
WAC 110-300B-5075
Playground equipment—Ground cover—Fall zones.
WAC 110-300B-5125
Daily outdoor activity.
WAC 110-300B-5150
Water activity—Supervision.
WAC 110-300B-5175
Wading pools—Defined—Supervision.
WAC 110-300B-5200
Swimming pools defined—Barriers and supervision.
WAC 110-300B-5225
Bodies of water or water hazards on the licensed premises.
WAC 110-300B-5250
Bodies of water outside and near licensed space.
WAC 110-300B-5400
Infant-toddler only license (birth to two years old).
WAC 110-300B-5450
Two through five year old only license.
WAC 110-300B-5500
School age only license (over five years through twelve years).
WAC 110-300B-5550
Birth through twelve years license.
WAC 110-300B-5600
Staff-to-child ratio.
WAC 110-300B-5625
Capacity and ratio.
WAC 110-300B-5700
Capacity and ratio table—Birth through twelve year license.
WAC 110-300B-5750
WAC 110-300B-5775
Licensee absence.
WAC 110-300B-5810
Licensee notice of absences.
WAC 110-300B-5825
Licensee absenceRetraining for staff if standards are violated.
WAC 110-300B-6000
Interactions with children.
WAC 110-300B-6025
Prohibited interactions.
WAC 110-300B-6050
Guidance and discipline.
WAC 110-300B-6075
Positive options for discipline.
WAC 110-300B-6100
Separating a child from the group.
WAC 110-300B-6125
Harmful or aggressive acts of children.
WAC 110-300B-6150
Prohibited actions.
WAC 110-300B-6175
Using alternate methods before using physical restraint.
WAC 110-300B-6200
Physical restraint—Prohibited uses or methods.
WAC 110-300B-6225
Physical restraint—Holding method allowed.
WAC 110-300B-6250
Notice and documenting use of physical restraint.
WAC 110-300B-6275
Abuse and neglect—Protection and training.
WAC 110-300B-6400
Off-site activities—Parent or guardian permission.
WAC 110-300B-6425
Off-site activity supervision.
WAC 110-300B-6450
Off-site activity—Emergency information and supplies.
WAC 110-300B-6475
WAC 110-300B-6500
Using public transportation.
WAC 110-300B-6525
Transporting children—Limited periods.
WAC 110-300B-6550
Developmental activities.
WAC 110-300B-6575
Activities to promote child growth and development.
WAC 110-300B-6600
Toys and play materials.
WAC 110-300B-6625
Art materials.
WAC 110-300B-6650
Screen time.
WAC 110-300B-6675
Screen time—Limitations.
WAC 110-300B-6700
Limiting screen time for children under two.
WAC 110-300B-6775
WAC 110-300B-6800
Rest periods.
WAC 110-300B-6850
Overnight care.
WAC 110-300B-7000
Wheeled baby walkers prohibited.
WAC 110-300B-7025
Infant "tummy time" positioning.
WAC 110-300B-7075
Infant and toddler sleeping or napping equipment.
WAC 110-300B-7085
WAC 110-300B-7125
Infant bottles.
WAC 110-300B-7150
Breast milk.
WAC 110-300B-7175
Bottle feeding infants.
WAC 110-300B-7200
Feeding solid food to infants.
WAC 110-300B-7225
High chairs.
WAC 110-300B-7250
Diapering and toileting.
WAC 110-300B-7275
Diaper disposal.
WAC 110-300B-7300
Diaper changing.
WAC 110-300B-7350
Toilet training.
WAC 110-300B-7375
Potty chairs or modified toilet seats.
WAC 110-300B-7500
Food must meet USDA guidelines.
WAC 110-300B-7525
Parent or guardian-provided food.
WAC 110-300B-7550
Home canned foods.
WAC 110-300B-7575
Drinking water.
WAC 110-300B-7600
Serving milk.
WAC 110-300B-7625
Meal and snack schedule.
WAC 110-300B-7650
Serving foods.
WAC 110-300B-7675
Food handler permits.
WAC 110-300B-7680
Safe food handling.
WAC 110-300B-7700
Washing dishes.
WAC 110-300B-7725
Food containers and utensils.
WAC 110-300B-7750
Food preparation area.
WAC 110-300B-8000
Facility licensing compliance agreements.
WAC 110-300B-8010
Nonreferral status.
WAC 110-300B-8025
Time period for correcting a violation.
WAC 110-300B-8050
Civil monetary penalties (fines).
WAC 110-300B-8060
When fines are levied.
WAC 110-300B-8075
Fines—Payment period.
WAC 110-300B-8100
Notice of fine—Posting.
WAC 110-300B-8125
Failure to pay a fine—Department action.
WAC 110-300B-8150
Denial, suspension, revocation, modification, or noncontinuation of a license.
WAC 110-300B-8175
Violations—Enforcement action.
WAC 110-300B-8225
Notice of license denial, suspension, revocation, or modification.
WAC 110-300B-8250
Probationary license.
WAC 110-300B-8275
Probationary license—Cause.
WAC 110-300B-8300
Issuing a probationary license.
WAC 110-300B-8325
Refusing a FLCA or probationary license.
WAC 110-300B-8350
Providing unlicensed care—Notice.
WAC 110-300B-8375
Unlicensed care—Fines and other penalties.
WAC 110-300B-8400
Hearing process.