1. (1)    A registered family child care may only conduct care in space designed or remodeled as living quarters.
   (2)    Apartments located on the second floor and above are not eligible for licensure no matter the configuration of exits.
   (3)    The exit requirements listed in OAR 414-210-0810(4) apply to:
   (a)    Registered family child cares with initial licensure on or after July 1, 2025; or
   (b)    An existing registered family child care that applies for a change of address on or after July 1, 2025.
   (4)    All floors of the home used for child care activities must have two exits.
   (a)    One exit on each floor must be a door that exits directly outside to ground level and meets the following requirements:
   (A)    The door may not exit through a garage or carport.
   (B)    The door must be able to be opened from the inside without the use of a key, or special knowledge or effort.
   (C)    The interior pathway leading to the door must not:
   (i)    Be within three feet of a permanently installed cooking appliance; nor
   (ii)    Be required to pass through a storage room or through a room that can be locked to prevent access.
   (b)    The second exit may either be a door that exits directly outside to ground level or an operable window that meets the following requirements:
   (A)    A minimum net clear opening of 5 square feet;
   (B)    A minimum net clear height of 24 inches;
   (C)    A minimum net clear width of 20 inches;
   (D)    The bottom of the opening located no more than 44 inches from the finished floor; and
   (E)    The bottom of the opening located no more than 48 inches off of the ground outside of the home. If higher than 48 inches, steps or a platform must be placed under the window to reduce the distance to 48 inches.
   (5)    The exit requirements listed in OAR 414-210-0810(6) through (7) apply to:
   (a)    Registered family child care homes with initial licensure prior to July 1, 2025; or
   (b)    A location previously licensed by CCLD at any time.
   (6)    All floor levels used by children must have access to two usable exits to the outdoors. For the purposes of this rule “usable exit” is defined as an unobstructed door or window through which the provider and the children can evacuate the home in case of a fire or emergency. Doors must be able to be opened from the inside without a key.
   (a)    For homes built before July 1, 2010, window openings must be at least 20 inches wide and at least 22 inches in height, with a net clear opening of five square feet (at least 720 square inches) and a sill no more than 48 inches above the floor.
   (b)    For homes built after July 1, 2010, window openings must be at least 20 inches wide and at least 24 inches in height, with a net clear opening of five square feet (at least 720 square inches) and a sill no more than 44 inches above the floor
   (7)    If a basement is used for child care purposes, the requirement for two usable exits may be met by one of the following:
   (a)    A sliding glass door or swinging door to the outside and a window that meets the definition of a useable exit; or
   (b)    A window which meets the definition of a useable exit and an internal stairway to ground level that has unobstructed and direct access to the outdoors.
   (c)    If a window, which meets the definition of a usable exit, is used:
   (A)    Steps must be placed under the window to allow children to exit without assistance; and
   (B)    The window must be kept in good working condition.
   (d)    If a window used as an exit has a window well, a mechanism must be in place to allow children to exit the window well.
   (e)    The provider must complete a daily inspection to ensure that evacuation routes are clear and usable exits, including doors and escape windows, are operable.
   (8)    Second floors (does not apply to providers registered continuously at the same address before 2009, unless the provider has moved the child care license to a new residence):
   (a)    Child care children shall not sleep on the second floor or above;
   (b)    Care shall not be provided for infants and toddlers on the second floor or above;
   (c)    Night care shall not be provided on the second floor or above;
   (d)    Children may be allowed on the second floor to use the bathroom if the only bathroom is on the second floor;
   (e)    Care can be provided for preschool and school-age children on the second floor or above, if:
   (A)    There are two staircases to the ground level and all children are mobile enough to exit safely; or
   (B)    The designated fire code official has approved the use of the upper floor.
   (9)    A provider must ensure that children do not have access to heating equipment such as furnaces, fireplaces, stoves, steam and hot water pipes, and electric space heaters.
   (10)    A registered family child care’s heating equipment must be safe to operate.
   (a)    Flammable materials including papers, curtains, and furniture must be at least 3 feet from furnaces, fireplaces, and other heating devices.
   (b)    Fireplaces, fireplace inserts, and wood/corn pellet stoves, if used, must:
   (A)    Have a secure, stable protective barrier; and
   (B)    Be inspected and cleaned annually.
   (c)    Portable electric space heaters must:
   (A)    Be attended while in use and be off when unattended;
   (B)    Have an automatic shut off feature for tipping over and overheating;
   (C)    Have protective covering to keep hands and objects away from the electric heating element;
   (D)    Bear the safety certification mark of a nationally recognized testing laboratory;
   (E)    Be placed only on the floor;
   (F)    Be properly vented, as required for proper functioning; and
   (G)    Be used according to the manufacturer’s instructions.
   (11)    Activity areas must be adequately lighted and ventilated.
   (a)    Doors and windows which are opened for ventilation must be equipped with fine-meshed screens.
   (b)    After painting or laying carpet, the child care home must be aired out completely for at least 24 hours with good ventilation before children are allowed to return.
   (12)    A registered family child care’s electrical system must not a pose a risk to children.
   (a)    Unused electrical outlets accessible to children preschool-age and younger must be tamper-resistant or have outlet covers that are not easily removed by children.
   (b)    Electrical wiring and power strips with surge protectors must be inaccessible to child care children.
   (c)    Electrical cords must be in good working condition, not torn or frayed, and not have any exposed wires
   (d)    Extension cords may only be used for a brief, temporary purpose and must not replace direct wiring.
   (13)  When the indoor temperature is lower than 68°F or higher than 85°F, a provider must utilize strategies to help children stay warm or cool.
   (14)    A provider must ensure the following home safety measures:
   (a)    Phone service is available in the home during operating hours.
   (b)    Floors must be free of splinters, large unsealed cracks, sliding rugs and other hazards.
   (c)    Windows above the ground floor that are accessible to children preschool-age and younger must be equipped with a lock to prevent opening more than 4 inches.
   (d)    Vertical blinds, continuous looped blinds, and drapery cords must either be out of reach of children or have tension or tie-down devices to hold the cords tight.
   (e)    Indoor platforms and lofts more than 30 inches in height must have protective barriers.
   (f)    A movable barrier, e.g. baby gate, must be placed at the top and/or bottom of all stairways accessible to infants and toddlers.
   (g)    Clear glass panels must be clearly marked at children’s eye level.

Statutory/Other Authority

ORS 329A.260

Statutes/Other Implemented

ORS 329A.330

History

DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025