1. (1) Licensed child care facilities must meet International Fire Code requirements to open and operate as a child care facility. New child care center, school-age care, or drop-in care providers should consult with their local jurisdiction or state fire marshal before selecting a facility.

2. (2) Licensed child care providers must provide CCL an annual inspection report from the state or local jurisdiction fire marshal indicating the fire safety rules have been met.

   1. (a) Providers using a commercial or public space that receive an annual fire safety inspection, such as a school, do not need a separate inspection. The child care provider is responsible for providing a copy of the inspection reports to CCL.

3. (3) Group child care, family child care, and FFN providers must meet fire safety requirements by:

   1. (a) having a fire extinguisher that:

      1. (i) is easily accessible on each floor level that is used by the child care;
      2. (ii) has a minimum level of extinguisher classification of 2A10BC with a hose; and
      3. (iii) is installed and maintained in accordance with the manufacturer's specifications;

   2. (b) having operational UL smoke alarms on each floor of the facility that is used for child care that are:

      1. (i) installed in accordance with the manufacturer's specifications;
      2. (ii) installed in front of the doors to stairways, in corridors of all floors, and in all rooms where children sleep; and
      3. (iii) tested at least once a month to ensure that they are operating correctly and replaced every ten years or in accordance with the manufacturer's instructions;
   3. (c) ensuring all wood burning stoves meet building codes and have a protective enclosure if used during the hours of care;
   4. (d) not using portable electric or unvented fuel-fired heating devices, and ensuring all radiators, if too hot to touch, have a protective enclosure; and
   5. (e) using extension cords according to the manufacturer's specifications and not using extension cords to supply electricity to equipment or appliances that are fixed in place.

Authorizing statute(s): 52-2-704, 52-2-731, MCA

Implementing statute(s): 52-2-702, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-724, 52-2-731, 52-2-734, 52-2-735, MCA

History: NEW, 2025 MAR, 37-1044, Eff. 5/1/25.