1. (1) After consultation with appropriate agencies and interested persons, the Early Learning Council by rule shall establish minimum standards for child care facilities and the operation thereof and for the administration of ORS 329A.030 and 329A.250 to 329A.450.

2. (2) In establishing minimum standards of health and safety, the council shall consult with the Oregon Health Authority and the State Fire Marshal and shall give consideration to their recommendations and to all basic requirements for the protection of the children to receive child care, including the criteria prescribed in ORS 329A.290, and may adopt rules applicable to different categories of child care facilities, considering:

   1. (a) The numbers and ages of the children to receive care in the child care facility.
   2. (b) The number, experience and training of the staff of the child care facility.
   3. (c) The types and qualities of equipment and other factors in the physical plant of the child care facility.
   4. (d) Any other factor affecting the care provided in the child care facility.

[Formerly 657A.260]