1998 Legislation
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HOUSE BILL NO. 532 – Day care, child-staff ratios

HOUSE BILL NO. 532

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Daily Data Tracking History



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

Bill Text


H0532


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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-
32    tion  (1)  of this section, fire safety standards may be established to govern
33    the maximum allowable ratio of children to  staff  subject  to  the  following
34    restrictions:
35        (a)  In  no  event  shall  the child-staff ratio require more than one (1)
36        staff member to six (6) children for all children age eighteen (18) months
37        or less, more than one (1) staff member to twelve (12)  children  for  all
38        children  above age eighteen (18) months but less than five (5) years; and
39        more than one (1) staff member to eighteen (18) children for all  children
40        whose age is five (5) years or more;
41        (b)  No  factors  other than fire safety may be considered in establishing
42        child-staff ratios;
43        (c)  All adults on the premises shall be counted as staff for purposes  of


                                          2

 1        computing a child-staff ratio; and
 2        (d)  Each  child  shall count as one (1) child for purposes of computing a
 3        child-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 following    rule  making      rulemaking  
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  section  s    39-1109  ,   and
34    39-1114,  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        The   rule making   rulemaking  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 / Fiscal Impact


    





                            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