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H0532...........................................................by BUSINESS DAY CARE - CHILD-STAFF RATIOS - Amends and adds to existing law to delete the requirement that the state fire marshal establish child-staff ratios for day care centers, to provide that the Board of Health and Welfare may establish child-staff ratios for day care centers, to provide limitations on the ratios that may be established and to provide for inspection of day care centers and a determination of compliance with child-staff ratios at the time of inspection by the state fire marshal or other entity responsible for fire safety inspections. 01/28 House intro - 1st rdg - to printing 01/29 Rpt prt - to Bus
H0532|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 532 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO CHILD-STAFF RATIOS FOR DAY CARE CENTERS; AMENDING SECTION 39-1109, 3 IDAHO CODE, TO DELETE THE REQUIREMENT THAT THE STATE FIRE MARSHAL ESTAB- 4 LISH CHILD-STAFF RATIOS FOR DAY CARE CENTERS; AMENDING CHAPTER 11, TITLE 5 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1109A, IDAHO CODE, TO 6 PROVIDE THAT THE BOARD OF HEALTH AND WELFARE MAY ESTABLISH CHILD-STAFF 7 RATIOS FOR DAY CARE CENTERS, TO PROVIDE LIMITATIONS ON THE RATIOS THAT MAY 8 BE ESTABLISHED AND TO PROVIDE FOR INSPECTION OF DAY CARE CENTERS AND A 9 DETERMINATION OF COMPLIANCE WITH CHILD-STAFF RATIOS AT THE TIME OF INSPEC- 10 TION BY THE STATE FIRE MARSHAL OR OTHER ENTITY RESPONSIBLE FOR FIRE SAFETY 11 INSPECTIONS; AMENDING SECTION 39-1111, IDAHO CODE, TO DELETE A REQUIREMENT 12 THAT THE STATE FIRE MARSHAL ESTABLISH CERTAIN RULES PERTAINING TO GROUP 13 DAY CARE FACILITIES AND TO AUTHORIZE THE BOARD OF HEALTH AND WELFARE TO 14 PROMULGATE RULES WITH RESPECT TO THE PROVISIONS OF SECTION 39-1109A, IDAHO 15 CODE AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 39-1108, 16 IDAHO CODE, TO REQUIRE COMPLIANCE WITH SECTION 39-1109A, IDAHO CODE, BY 17 LOCAL JURISDICTIONS THAT HAVE ADOPTED ORDINANCES REGULATING DAY CARE CEN- 18 TERS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 39-1109, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers shall comply with 23 the following fire safety standards in the area of the day care center in 24 which day care is provided: (a) adequate fire and smoke alarms; (b) a func- 25 tional telephone; (c) adequate fire extinguishers or other suitable arrange- 26 ments for extinguishing fires; and (d) adequate exits. Separate standards in 27 these categories shall also be developed for group day care facilities. 28 (2) No fire standards developed pursuant to this chapter shall be more 29 stringent than the standards contained in the Uniform Fire Code, without sup- 30 plementation by any other standard or code. 31(3) In addition to the fire safety standards identified in subsec-32tion (1) of this section, fire safety standards may be established to govern33the maximum allowable ratio of children to staff subject to the following34restrictions:35(a) In no event shall the child-staff ratio require more than one (1)36staff member to six (6) children for all children age eighteen (18) months37or less, more than one (1) staff member to twelve (12) children for all38children above age eighteen (18) months but less than five (5) years; and39more than one (1) staff member to eighteen (18) children for all children40whose age is five (5) years or more;41(b) No factors other than fire safety may be considered in establishing42child-staff ratios;43(c) All adults on the premises shall be counted as staff for purposes of2 1computing a child-staff ratio; and2(d) Each child shall count as one (1) child for purposes of computing a3child-staff ratio.4 SECTION 2. That Chapter 11, Title 39, Idaho Code, be, and the same is 5 hereby amended by the addition thereto of a NEW SECTION , to be 6 known and designated as Section 39-1109A, Idaho Code, and to read as follows: 7 39-1109A. CHILD-STAFF RATIOS. (1) The board may establish safety stan- 8 dards to govern the maximum allowable ratio of children to staff subject to 9 the following restrictions: 10 (a) In no event shall the child-staff ratio require more than one (1) 11 staff member to six (6) children for all children age eighteen (18) months 12 or less, more than one (1) staff member to twelve (12) children for all 13 children above age eighteen (18) months but less than five (5) years; and 14 more than one (1) staff member to eighteen (18) children for all children 15 whose age is five (5) years or more; 16 (b) No factors other than safety may be considered in establishing child- 17 staff ratios; 18 (c) All adults on the premises shall be counted as staff for purposes of 19 computing a child-staff ratio; and 20 (d) Each child shall count as one (1) child for purposes of computing a 21 child-staff ratio. 22 (2) The state fire marshal or other entity responsible for fire safety 23 inspections, shall determine compliance with the provisions of this section at 24 the time of the inspection and provide certification thereof as required by 25 the board. 26 SECTION 3. That Section 39-1111, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-1111. RULES AUTHORIZED. In order to implement the provisions of this 29 chapter, the followingrule makingrulemaking 30 authority is authorized: 31 (1) The state fire marshal, in addition to other duties imposed by law, 32 is hereby authorized and directed to establish rules necessary to implement 33 the provisions of sections39-1109 ,and3439-1114,Idaho Code; 35 (2) District health boards, in addition to other duties imposed by law, 36 are hereby authorized and directed to establish necessary health standards to 37 implement the provisions of section 39-1110, Idaho Code; and 38 (3) The board, in addition to other duties imposed by law, is hereby 39 authorized and directed to establish procedures necessary to implement the 40 provisions of this chapter including procedure s for submission of 41 required certificates as provided in sections 39-1109 , 39-1109A 42 and 39-1110, Idaho Code, and conduct of the criminal history check provided in 43 section 39-1105, Idaho Code. 44 Therule makingrulemaking authority granted in 45 this section shall be limited to the specific standards and procedures 46 required by this chapter. 47 SECTION 4. That Section 39-1108, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 39-1108. LOCAL OPTION. If a city or county, within its respective juris- 3 1 diction, has adopted an ordinance for regulation and/or licensing of day care 2 services, then the provisions of this chapter shall not apply with such city 3 or county unless the ordinance is subsequently repealed. To qualify for exemp- 4 tion, regulation of centers must include a criminal history check at least as 5 stringent as the check required in section 39-1105, Idaho Code, compliance 6 with fire safety standards at least as stringent as required in section 7 39-1109, Idaho Code, compliance with child-staff ratios at least as 8 stringent as required in section 39-1109A, Idaho Code, compliance with 9 health standards at least as stringent as required in section 39-1110, Idaho 10 Code, compliance with immunization requirements at least as stringent as 11 required in section 39-1118, Idaho Code, and compliance with training require- 12 ments at least as stringent as required in section 39-1119, Idaho Code. Cities 13 and counties are hereby granted authority and may adopt ordinances for regula- 14 tion and/or licensing of day care services.
STATEMENT OF PURPOSE
RS 07604
This bill creates a new subsection pertaining to day care ratios.
The bill also transfers rulemaking authority from the State Fire
Marshal to the Board of Health and Welfare. The enforcement and
inspections will remain with the Fire Marshal.
FISCAL NOTE
No fiscal impact to the General Fund.
Contact: Rep. Max Black
332-1120
STATEMENT OF PURPOSE/FISCAL NOTE
H 532