No. 29234 (Amendment): R710-8. Day Care Rules

DAR File No.: 29234
Filed: 11/15/2006, 04:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on November 14, 2006, in a regularly scheduled Board meeting and voted to make some amendments to the currently adopted rule for the purpose of adopting the 2006 International Fire and Building Codes and some other small amendments to the code.

Summary of the rule or change:

The proposed rule amendments to Rule R710-8 are as follows: 1) in Section R710-8-1, the Board proposes to make this rule "in addition" to the requirements that are currently in Rule R710-9; 2) in Subsection R710-8-1(1.1), the Board proposes to update the currently adopted International Fire Code, 2003 edition, to the 2006 edition; 3) in Subsection R710-8-1(1.2), the Board proposes to update the currently adopted International Building Code, 2003 edition, to the 2006 edition; and 4) in Subsections R710-8-3(3.3.2.1) and (3.3.4.1), the Board proposes to make some code section changes to correspond with the newly adopted incorporated standards.

State statutory or constitutional authorization for this rule:

Section 53-7-204

This rule or change incorporates by reference the following material:

1) the International Fire Code, 2006 edition, as published by the International Code Council; and 2) the International Building Code, 2006 edition, as published by the International Code Council

Anticipated cost or savings to:

the state budget:

There would be an aggregate anticipated cost to the state budget of approximately $1,500 to purchase the needed incorporated references for those employees that would need copies of these references to complete their assignment.

local governments:

There would be an aggregate anticipated cost to local government of approximately $150 per person to purchase the updated references. An aggregate anticipated cost to local government is impossible to calculate due to the unknown number of local government agencies that would purchase the regulatory codes and the amount of codes that would be purchased.

other persons:

The aggregate anticipated cost to other persons would be approximately $150 per person. The aggregate anticipated cost to all other persons is also impossible to predict due to the completely unknown number of other persons that would be purchasing the codes and which codes would they purchase.

Compliance costs for affected persons:

The compliance costs for affected persons would be approximately $150 per person to acquire these updated incorporated codes. The cost is impossible to predict due to the completely unknown number of persons that would be purchasing the codes and which codes would they purchase.

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

There would be no fiscal impact to businesses for the enactment of these changes. Businesses normally do not purchase the regulatory manuals as do government agencies. Scott T. Duncan, Commissioner

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

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]

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:

01/02/2007

This rule may become effective on:

01/09/2007

Authorized by:

Ron L. Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-8. Day Care Rules.

R710-8-1. Adoption of Codes.

Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts minimum standards for the prevention of fire and for the protection of life and property against fire and panic in any day care facility or children's home. The requirements listed in this rule text are in addition to the requirements listed in R710-9, Rules Pursuant to the Fire Prevention Law.

There is further adopted as part of these rules the following codes which are incorporated by reference:

1.1 International Fire Code (IFC), [2003]2006 edition, as published by the International Code Council, Inc. (ICC), except as amended by provisions listed in R710-8-3, et seq.

1.2 International Building Code (IBC), [2003]2006 edition, as published by the International Code Council, Inc. (ICC), and as adopted under the authority of the Uniform Building Standards Act, Title 58, Chapter 56, Section 4, Utah Code Annotated 1953 and the Utah Administrative Code, R156-56-701.

1.3 Copies of the above codes are on file in the Office of Administrative Rules and the Office of the State Fire Marshal.

 

R710-8-3. Amendments and Additions.

3.1 Exemptions

3.1.1 Places of religious worship shall not be required to meet the provisions of this rule in order to operate a nursery or day care while religious services are being held in the building.

3.2 Fire Code Amendments

3.2.1 IFC, Chapter 2, Section 202, Educational E, Day Care is amended as follows: On line three delete the word "five" and replace it with the word "four".

3.2.2 IFC, Chapter 2, Section 202, Institutional Group I-4, day care facilities, Child care facility is amended as follows: On line three delete the word "five" and replace it with the word "four". Also on line two of the Exception delete the word "five" and replace it with the word "four".

3.2.3 IFC, Chapter 9, Sections 907.3.1.1 Group E is deleted.

3.3 Family Day Care

3.3.1 Family Day Care units shall have on each floor occupied by clients, two separate means of egress, arranged so that if one is blocked the other will be available.

3.3.2 Family Day Care units that are located in the basement or on the second story shall be provided with two means of egress, one of which shall discharge directly to the outside.

3.3.2.1 Type 1 Family Day Care units, located on the ground level or in a basement, may use an emergency escape or rescue window as allowed in IFC, Chapter 10, Section [1025]1026.

3.3.3 Family Day Care units shall not be located above the second story.

3.3.4 In Family Day Care units, clients under the age of two shall not be located above or below the first story.

3.3.4.1 Clients under the age of two may be housed above or below the first story where there is at least one exit that leads directly to the outside and complies with IFC, Section 1009 or Section 1010 or Section [1022]1023.

3.3.5 Family Day Care units located in split entry/split level type homes in which stairs to the lower level and upper level are equal or nearly equal, may have clients housed on both levels when approved by the AHJ.

3.3.6 Family Day Care units shall have a portable fire extinguisher on each level occupied by clients, which shall have a classification of not less than 2A:10BC, and shall be serviced in accordance with NFPA, Standard 10.

3.3.7 Family Day Care units shall have single station smoke detectors in good operating condition on each level occupied by clients. Battery operated smoke detectors shall be permitted if the facility demonstrates testing, maintenance, and battery replacement to insure continued operation of the smoke detectors.

3.3.8 Rooms in Family Day Care units that are provided for clients to sleep or nap, shall have at least one window or door approved for emergency escape.

3.3.9 Fire drills shall be conducted in Family Day Care units monthly and shall include the complete evacuation from the building of all clients and staff. At least quarterly, in Type I Family Day Care units, the fire drill shall include the actual evacuation using the escape or rescue window, if one is used as a substitute for one of the required means of egress.

3.4 Day Care Centers

3.4.1 Day Care Centers shall comply with either I-4 requirements or E requirements of the IBC, whichever is applicable for the type of Day Care Center.

3.4.2 Fire Drills shall be completed as required in IFC, Chapter 4, Section 405.

3.5 Requirements for all Day Care

3.5.1 Heating equipment in spaces occupied by children shall be provided with partitions, screens, or other means to protect children from hot surfaces and open flames.

3.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All staff shall be trained on the fire escape plan and procedure.

3.5.3 The AHJ shall insure at each inspection there is sufficient adult staff to client ratios to allow safe and orderly evacuation in case of fire.

3.5.3.1 For Day Care involving children, the AHJ may use the care giver to children ratios established in rule by the Department of Health as an established guideline.

 

KEY: fire prevention, day care

Date of Enactment or Last Substantive Amendment: [November 16, 2004]January 9, 2007

Notice of Continuation: April 23, 2002

Authorizing, and Implemented or Interpreted Law: 53-7-204