No. 36622 (5-year Review): Rule R430-100. Child Care Centers

DAR File No.: 36622
Filed: 08/03/2012 02:20:07 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 26-39-104(1)(a) allows the Department of Health to "make and enforce rules to implement this chapter and, as necessary to protect children's common needs for a safe and healthy environment...."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The following comments were received during the public comment period for the rule changes that went into effect on 07/01/2012: Section R430-100-4, there was a recommendation to reduce the square footage requirements by 25 percent. Utah's rule in this area is already a lesser standard then that recommended by the American Public Health Association and the American Academy of Pediatrics for child care programs. In addition, a 2005 legislative audit of the Child Care Licensing Program found that Utah's rules in this area are reasonable and consistent with other states. After a discussion with our statutory advisory committee, the committee recommended not reducing the square footage requirement. Section R430-100-4, there was a request to remove the requirement for handwashing sinks in classrooms. Because handwashing is the primary way of preventing the spread of disease in child care facilities, this rule was not changed. Section R430-100-11, there was a request to have some examples explaining the tables for mixed age group ratios. It was suggested that rather than have these examples in the rule, they be added to the Interpretation Manual. The advisory committee agreed with this suggestion. Section R430-100-11, there was a recommendation to increase child to staff ratios by 25% and to eliminate group sizes. Utah's rule in this area is already a lesser standard that that recommended by the American Public Health Association and the American Academy of Pediatrics for child care programs. In addition, a 2005 legislative audit of the Child Care Licensing Program found that Utah's rules in this area are reasonable and consistent with other states. After a discussion with our statutory advisory committee, the committee recommended not increasing the staff to child ratios.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The continuation of this rule is necessary in order for the Department of Health to continue to fulfill its statutory responsibility to regulate child care programs in order to protect the health and safety of the children in these programs.

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

Health
Family Health and Preparedness, Child Care Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Simon Bolivar at the above address, by phone at 801-584-8223, by FAX at 801-584-8467, or by Internet E-mail at [e-mail]

Authorized by:

David Patton, Executive Director

Effective:

08/03/2012

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