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Public comment open for May proposed administrative rule updates

There are two administrative rule sets open for public comment beginning Sunday, May 1, 2022. Public comment will close for the rule sets Wednesday, May 25 at 10 a.m. Submit public comment by either attending public hearings (linked below) OR send testimony in Word or PDF format to Remy Watts, Rule Coordinator.


Fire Safety in Family Care

See full draft proposed rule language here.

Summary: In April 2021, Department of Consumer & Business Services (DCBS) Building Codes Structures Board passed rules requiring new Registered and Certified Family child care facilities as defined by ORS 329A to have an automatic residential fire sprinkler system installed, with potential alternate methods offered locally. Child care types affected by this rule include new certified family (CF) and registered family (RF) child care homes, also known as family care, which are located in residential homes. In November 2021, Governor Kate Brown requested that ELD, DCBS, and Oregon State Fire Marshal (OSFM) develop recommendations to ensure life safety protection in family care facilities while also mitigating the financial impact on child care providers. The ELC adopted temporary rule based on these recommendations in January 2022 around fire safety in family care for immediate relief to family care providers with the intent of passing permanent rule in May 2022.

Process: Draft rule language was developed by ELD in consultation with DCBS and OSFM. The ELD engaged internal and external partners in draft rule development, including convening a Rulemaking Advisory Committee (RAC) in April 2022. The RAC had several suggestions for mitigating unanticipated fiscal impacts to family care providers.

Public Hearing & Meeting Materials: There will be a public hearing on Wednesday, May 17, at 5:30 p.m. Please see the calendar link for more information, including how to register for the hearing and full proposed rule text.


TEMPORARY: Allowing Recorded Programs and License-Exempt Employment Related Day Care (ERDC) Providers into Central Background Registry

Summary: N.B. These rules will be proposed for temporary adoption. This rulemaking will allow recorded programs, which are currently unlicensed facilities, to be enrolled in the Central Background Registry. Furthermore, license-exempt ERDC providers will be required to enroll in the Central Background Registry. This rulemaking gives ELD the authority to include both recorded programs and license exempt subsidy recipients into the pool of “subject individuals”. ELD will be enrolling providers into the CBR as their ODHS background checks expire and will allow additional time to enroll them prior to becoming DELC.

Process: These rules will be temporary and in effect for 180 days. The ELD is planning robust external engagement with affected providers during the 180-day window before presentation of administrative rules for permanent adoption in an upcoming ELC meeting. There is no public hearing scheduled at this time; there will be a public hearing scheduled for permanent administrative rule adoption.

How to provide public comment: These rules will be proposed for temporary adoption at the  Wednesday, May 25 Early Learning Council Meeting. Please see the calendar link for more information on how to submit public comment for the Early Learning Council meeting.