Licensing Standards
for DayCare Centers
Section 237A.12
Rules
Subject to the provisions of chapter 17A; the administrator shall promulgate
rules-setting minimum standards to provide quality child day care in the operation
and maintenance of child care centers and registered family day care homes relating
to:
- The number and qualifications of personnel necessary to assure the
health, safety, and welfare of children in the facilities. Rules for facilities
which are preschools shall be drawn so that any staff-to-children ratios which
relate to the age of the children enrolled shall be based on the age of the
majority of the children served by a particular class rather than on the age
of the youngest child served.
- Physical facilities.
- The adequacy of activity programs and food services available to
the children. The administrator shall not restrict the use of or apply nutritional
standards to a lunch or other meal which is brought to the center or family
day care home by a school-age child for the child's consumption.
- Policies established by the center for parental participation.
- Programs for education and in-service training
- Records kept by the facilities.
- Administration.
- Health, safety and medical policies for children.
Rules adopted by the state fire marshal for buildings, other than school buildings,
used as child care centers as an adjunct to the primary purpose of the building
shall take into consideration that children are received for temporary care only
and shall not differ from rules adopted for these buildings when they are used
by groups of persons congregating from time to time in the primary use and occupancy
of the buildings. However, the rules may require a fire rated separation from
the remaining portion of the building if the fire marshal determines that the
separation is necessary for the protection of children from a specific flammable
hazard.
Rules relating to fire safety shall be adopted under this chapter by the state
fire marshal in consultation with the department. Rules adopted by the state
fire marshal for a building which is owned or leased by a school district or
accredited nonpublic school and used as a child day care facility shall not
differ from standards adopted by the state fire marshal for school buildings
under chapter 100. Rules relating to sanitation shall be adopted by the department
in consultation with the director of public health. All rules shall be developed
in consultation with the state child day care advisory council. The state fire
marshal shall inspect the facilities.
If a building is owned or leased by a school district or accredited nonpublic
school and complies with standards adopted by the state fire marshal for school
buildings under chapter 100, the building is considered appropriate for use
by a child day care facility.' The rules adopted by the administrator under
this section shall not require the facility to comply with building requirements
which differ from requirements for use of the building as a school.

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