DAR File No. 27244

Health, Health Systems Improvement, Child Care Licensing

R430-100

Child Care Center

NOTICE OF PROPOSED RULE

DAR File No.: 27244
Filed: 06/22/2004, 02:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 44 passed the 2004 Legislative Session and requires the Bureau of Licensing to adopt rules permitting a variance to the group size requirements and a phase-in schedule for the upgrade of existing playgrounds. (DAR NOTE: S.B. 44 is found at UT L 2004 Ch 136, and was effective 05/03/2004.)

Summary of the rule or change:

This rule adopts the variance approval for centers constructed prior to January 1, 2004, that maintain care giver to child ratios and have adequate square footage. In addition, the centers not in compliance with playground standards are provided a five-year phase in for compliance.

State statutory or constitutional authorization for this rule:

Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

There are no costs associated with this rulemaking. If a state-owned center is not in compliance with the playground safety standards, it will be permitted a five-year phase in period.

local governments:

There are no costs associated with this rulemaking. If a local government-owned center is not in compliance with the playground safety standards, they will be permitted a five-year phase in period. Some centers may experience a savings due to variance requests, but the amount is impossible to calculate.

other persons:

It is estimated that 80 facilities will request a phase-in schedule for compliance. There is no cost associated with this rulemaking as it allows more time to come into compliance with existing rule requirements. Some centers may experience a savings due to variance requests, but the amount is impossible to calculate.

Compliance costs for affected persons:

There are no costs associated with this rulemaking as it allows more time for centers to come into compliance.

Comments by the department head on the fiscal impact the rule may have on businesses:

S.B. 44 (2004) requires the Bureau of Licensing to adopt rules permitting a variance to the group size requirements and a phase-in schedule for the upgrade of existing playgrounds. This rule change should have a positive impact on businesses. Scott D. Williams, MD

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Debra Wynkoop at the above address, by phone at 801-538-6152, by FAX at 801-538-6325, or by Internet E-mail at debwynkoop@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/16/2004

This rule may become effective on:

08/17/2004

Authorized by:

Scott D. Williams, Executive Director

RULE TEXT

R430. Health, Health Systems Improvement, Child Care Licensing.

R430-100. Child Care Center.

R430-100-9. Care Giver to Child Ratio.

(1) The licensee must maintain minimum care giver to child ratios as provided in Tables 1 and 2.

TABLE 1

Minimum Care Giver to Child Ratios

          Number of

Staff     Children      Group Size         Ages

  1          4               8           0 to 12 months

  1          4               8          13 to 24 months

  1          7              14           2 year old

  1         12              24           3 year old

  1         15              30           4 year old

  1         20              35           5 years and over

(2) There shall be at least two care givers at the center at all times when there are more than six children present or more than two infants present;

(3) Centers may maintain mixed age groups, and shall comply with Table 2 requirements and the following ratio requirements:

(a) Ratios and group size for mixed age groups shall be determined by averaging the ratios of the ages represented in the group;

(b) The ratio for the youngest children shall be utilized if more than half of the group is composed of children in the youngest age group.

TABLE 2

Minimum Care Giver to Child Ratios - Mixed Age Groups



Ages                                         Ratio   Group Size

Two Ages Mixed

  Infant and Toddlers                         1:4        8

  Toddlers and two year olds                  1:5       10

  Two and three year olds                     1:9       18

  Three and four year olds                    1:14      25

  Four years and older                        1:18      25

Three Ages Mixed

  Toddlers, two and three year olds           1:7       14

  Two, three and four year olds               1:11      22

  Three, four and school age                  1:16      25

Four Ages Mixed

  Toddlers, two, three and four year olds     1:9       18

  Two, three, four and school age             1:13      25

(4) During nap time the child ratio may double for not more than two hours for children 24 months and older, if the children are in a restful or non-activity state and, if a means of communication is maintained with another care giver who is also on-site.

(5) A child of an employee or owner age four or older will not be counted for determining care giver to child ratios.

(6) If child to care giver ratios are maintained an exception is granted to group size requirements when a center program has a planned activity and during transition times not to exceed two hours daily.

(7) [A variance may be requested as required by R430-100-5 for programs who were licensed prior to July 1997.]A child care center constructed prior to January 1, 2004, and licensed and operated as a child care center continuously since January 1, 2004, may apply for a variance from the department for group size restrictions, if the child to care giver ratios are maintained and adequate square footage is maintained for the specific classroom. A variance granted under (7) is transferrable to subsequent licensed operators at the center if a licensed center is continuously maintained at the center.

R430-100-12. Activities.

(1) The director and care givers shall develop and follow a daily activity plan that is designed for the age, health, safety and welfare of the children. No activity plan is required for infant or toddler groups. The toys and equipment needed to carry out the plan shall be present.

(2) The activity plan shall be posted for parent and care giver review.

(3) There shall be areas for indoor play.

(a) Indoor play areas shall have at least 35 square feet per child of usable play space for each child utilizing the play area at any specific time. The space requirement includes licensee and care giver children who are not counted in the ratios. Usable floor space includes space used for furniture, fixtures, or equipment if the furniture, fixture, or equipment is used by children, for the care of children, or to store classroom materials.

(b) Bathrooms, closets, lockers, staff desks, stationary storage units, hallways, corridors, alcoves, vestibules, kitchens or offices may not be included in calculating indoor play space.

(i) Play space does not include areas which are designated as a napping room.

(ii) Centers licensed prior to the effective date of the rule change 2001, may request a permanent variance to this rule as required by R430-100-5. The exception or variance will be assumable if a change of ownership occurs and the license is not interrupted.

(c) All indoor playground equipment, for example slides and climbers, shall be surrounded by cushioning materials, such as mats, in a six foot fall zone. The cushioning material shall meet the standards of the American Society for Testing and Materials (ASTM), current edition for all equipment over three feet.

(d) If children between the ages of three and six have access to indoor play equipment then the maximum height of any piece of indoor playground equipment shall not exceed five and one-half feet. If children under age three have access to indoor play equipment, then the maximum height of the equipment may not exceed three feet.

(4) Daily activities shall include outdoor play if weather permits.

(5) Outdoor play areas shall:

(a) have at least 40 square feet for each child, which may include space used for furniture, fixtures, or equipment if the furniture, fixture, or equipment is used by children, for the care of children, or to store classroom materials to accommodate at least 33 percent of the licensed capacity at one time;

(b) be directly adjacent to the building;

(c) be enclosed with a four foot high fence, or have a natural barrier that provides protection from unsafe areas including water hazards;

(i) gaps in the fence shall not be more than three and one half inches.

(ii) the bottom edge of the fence shall not be more than three and one-half inches above the ground.

(d) be free of animal excrement and harmful objects such as trash, broken toys and equipment with rusty or sharp edges, glass, tools and standing water;

(e) have a shaded area to protect children from excessive sun and heat; and

(f) have a source of drinking water in the play area during play time when the outside air temperature is 75 degrees or higher.

(6) Outdoor play equipment shall:

(a) be surrounded by a resilient surface of loose cushioning consistent with the guidelines of the Consumer Product Safety Commission and standards of ASTM; and

(b) have a six foot fall zone surrounding all playground equipment.[ For facilities licensed prior to July 1997, a variance may be requested to allow time for the licensee to replace or remodel the equipment as required by R430-100-5.]

(c) All variances granted to any facility granting relief from compliance with the Consumer Product Safety Commission Playground Safety guidelines or the ASTM standards expire by operation of this rule on December 31, 2004. A facility not in compliance with the Consumer Product Safety Commission Playground Safety guidelines or the ASTM standards of as December 31, 2004, shall submit a written phase-in plan to the Department by December 31, 2004.

(i) The facility phase-in plan must provide that some part of the playground come into compliance by June 30, 2005, and establish a plan for an orderly progression toward remediation of all out-of-compliance equipment and grounds by May 30, 2009.

(ii) The facility must submit verification of its compliance with its plan annually by June 1.

(7) Any particulate cushioning material, such as sand or gravel, within the fall zone of playground equipment shall be checked for packing due to rain or snow, and if compressed, weather permitting, shall be loosened to a depth of nine inches. If the cushioning material cannot be loosened, children shall not play on the equipment.

(8) If off-site activities are offered, care giver ratios must be maintained and:

(a) at least one of the care givers shall have a current first aid and CPR course completion;

(b) written parental consent shall be obtained for each type of activity in advance;

(c) the director shall notify the parents of any schedule changes;

(d) care givers shall take with them the emergency numbers and emergency treatment releases for each of the children in the group;

(e) children shall wear or carry with them the name and phone number of the center;

(f) children's names shall not be used on name tags;

(g) care givers shall provide a way for children to wash hands.

(9) If swimming activities are scheduled, care givers shall remain with the children during the activity. Lifeguards and pool personnel may not be counted towards care giver to child ratios.

KEY: child care facilities

[May 31, 2002]2004

Notice of Continuation January 15, 2003

26-39

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For questions regarding the content or application of this rule, please contact Debra Wynkoop at the above address, by phone at 801-538-6152, by FAX at 801-538-6325, or by Internet E-mail at debwynkoop@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.