On Sunday, August 11, 2019, there was a tragic fire in a Family Child Care Home in Erie. We mourn the deaths of these five children and the devastating impact this has on the family and community. In the aftermath of this accident, we want to support providers by reminding them of health and safety measures required by the Department of Labor and Industry and which are referenced in the Department of Human Services (DHS) regulations in 55 Pa. Code §3270, §3280 and §3290. Tragedies like this one can happen quickly. Child care providers should always be prepared in event of an emergency. Please take this time to review your facility’s emergency plan, evacuation route postings, and physically check for overloaded or hazardous cords and wires.
Because you have a certificate of occupancy which covers the fire detection system within your facility/home you must continue to have a regular maintenance plan for smoke detectors. Operative smoke detectors and fire extinguishers serve as a first line of defense. Be sure to review duties and expectations with facility persons charged with maintaining smoke detectors and fire extinguishers so they understand how the equipment operates and how often they should be monitored and maintained. Refer to the Uniform Construction Code, 34 Pa. Code §403.23 (Child Care Facilities).
Child care facilities must maintain compliance with the following requirements set forth in 34 Pa. Code §403.23 (Child Care Facilities) at all times:
34 Pa. Code
§ 403.23. Child day care facilities
(a) A dwelling unit where child day care services are provided for less than 24 hours for 4 to 12 children is an R-3 occupancy if the dwelling unit is used primarily as a private residence and the provision of day care services is accessory to the principal use of the dwelling unit as a residence.
(b) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 4—6 children shall comply with all of the following:
(1) Have a smoke detector on each floor and in the basement. The smoke detector may be powered by a nonreplaceable, lithium battery listed by Underwriters Laboratories® that is warranted for 10 years and should sound an alarm when activated that is audible to persons in the unit’s indoor child care space with all intervening doors closed. Where this type of detector is utilized, the unit owner of this detector shall keep the proof and date of purchase of the detector in the unit’s fire drill logs.
(2) Have a portable fire extinguisher rated for Class B Fires in the kitchen and other cooking areas.
(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3290 (relating to family child day care homes).
(c) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 7—12 children shall comply with all of the following:
(1) Have an interconnected smoke detector system.
(2) Have a fire extinguisher rated for Class B fires in the kitchen and other cooking areas.
(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3280 (relating to group child day care homes).
(d) All other child day care facilities shall be classified under Chapter 3 of the ‘‘International Building Code of 2015.’’ The facilities shall meet all Uniform Construction Code standards for these occupancy classifications.
Failing to comply with the requirements set forth in 34 Pa. Code §403.23 (Child Care Facilities) is in violation of the child care regulations relating to general health and safety and will result in a citation of the regulations at 55 Pa. Code §3270.21, §3280.20 and §3290.18.
55 Pa. Code § 20.35. Fire safety approval
(a) A facility shall have written fire safety approval from either the Department of Labor and Industry or the Department of Health of the Commonwealth—or the local Department of Public Safety in the cities of Scranton and Pittsburgh or the local Department of Licensing and Inspection in Philadelphia—if applicable.
(b) A facility shall have written fire safety approval, if applicable, prior to issuance of a certificate of compliance. If fire safety authorities do not carry out their mandated functions in a timely fashion, the Department, prior to fire safety approval, may issue a certificate of compliance if the health and safety of the clients are not in jeopardy.
(c) Authorized agents of the Department will request additional fire safety inspections by the appropriate agency if, during an inspection, an authorized agent observes possible fire safety violations.
Department’s current Chapter 55 regulatory requirements for Child Care facilities:
Child Care Centers
Group Child Care Homes
Family Child Care Homes
Child care regulations at 55 Pa. Code §3270.113(a), §3280.113(a) and §3290.113(a), require staff to supervise children at all times. Pa. Code §3270.4, §3280.4, and §3290.4, defines supervisions as “to be physically present with a group of children or facility person under supervision. Critical oversight in which the supervisor can see, hear, direct, and assess the activity of the supervisee.” Child care facility persons will be awake and supervising children at all times.
Certification Representatives will be reinforcing this message when they are in contact with your facility. Representatives from your local regional office will be checking to ensure you have working fire detection system in accordance with
34 Pa. Code
§ 403.23. Child day care facilities
. Providers must demonstrate they have an operable fire detection system, written emergency plan, fire drill log, posted evacuation routes and regional certification staff will complete a visual inspection to ensure facility is free of potential fire hazards. Fire safety violations will be referred to local municipalities. Reach out to your regional child care certification office with any questions regarding the child care regulations.
Contact for OCDEL’s regional offices
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