Committee advances measure clarifying fire-marshal inspections for child-care centers

Lawmakers on the House Commerce Committee on April 7 advanced House Bill 565, which clarifies the State Fire Marshal’s authority to inspect early-learning centers and child day-care facilities and prescribes proportional enforcement standards.

Representative McMakin, sponsor of the bill, told the committee the measure grew from local confusion about whether cities or the state conducted certain inspections and described it as a simple clarifying change to make approval processes consistent. "Adding this one sentence into the law...makes it clear that they would be the ones now to have that, get that business up and running," the sponsor said.

The committee adopted a technical-amendment set (2,997) and a larger amendment (2,964) that, among other provisions, requires that enforcement follow state or federal codes and prohibits imposing commercial or industrial occupancy standards on small or residential child-care settings. The amendment also clarified written-notice and appeals procedures for violations and affirmed that the use of standard residential appliances will not automatically trigger commercial ventilation or suppression requirements.

Members asked specifically whether the state would have oversight of home-based settings; the fire marshal's office confirmed state oversight applies when six or more children are present. Representative McCormick said the clarification "cleared up" his concern about differentiating daycare homes and licensed centers.

Representative McMakin moved that the committee report HB 565 with amendments; the chair announced the bill was reported in favor with amendments.