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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 658-S.F.No. 2030 
           An act relating to public safety; exempting certain 
          day care centers from a specific requirement of the 
          state building code; requiring the commissioners of 
          public welfare, public safety, and administration to 
          prepare a report on day care licensure issues and to 
          consult on rules; prohibiting the state fire marshal 
          from adopting or enforcing certain rules relating to 
          family or group family day care homes; amending 
          Minnesota Statutes 1982, sections 16.851, by adding a 
          subdivision; 245.802, by adding a subdivision; and 
          299F.011, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 16.851, is 
amended by adding a subdivision to read: 
    Subd. 4.  A licensed day care center serving fewer than 30 
preschool age persons and which is located in a below ground 
space in a church building is exempt from the state building 
code requirement for a ground level exit when the center has 
more than two stairways to the ground level and its exit.  
    Sec. 2.  Minnesota Statutes 1982, section 245.802, is 
amended by adding a subdivision to read: 
    Subd. 4.  The commissioners of public welfare, public 
safety, and administration shall conduct a comprehensive study 
of the issues surrounding the licensure of family or group 
family day care homes and day care centers.  The commissioners 
shall prepare a report for the legislature with recommendations 
for regulations that will ensure a safe environment for children 
but which do not discourage the provision of quality day care 
services.  The report must be delivered to the appropriate 
legislative committees by February 1, 1985.  
    Before adopting any rules regulating family or group family 
day care homes, the commissioner of public welfare shall consult 

with the state fire marshal and the state building inspector. 
The fire marshal and the state building inspector shall review 
the rules to ensure compliance with laws that are administered 
and enforced by their agencies.  
    Sec. 3.  Minnesota Statutes 1982, section 299F.011, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [FAMILY OR GROUP FAMILY DAY CARE HOME 
REGULATION.] Notwithstanding any contrary provision of this 
section, the fire marshal shall not adopt or enforce a rule:  
    (1) establishing staff ratios, age distribution 
requirements, and limitations on the number of children in care; 
    (2) regulating the means of egress from family or group 
family day care homes in addition to the egress regulations that 
apply to the home as a single family dwelling; or 
    (3) confining family or group family day care home 
activities to the floor of exit discharge.  
    For purposes of this subdivision, "family or group family 
day care home" means a single family dwelling in which the day 
care provider:  (1) resides as a member of the household; and 
(2) provides the services referred to in section 245.782, 
subdivision 5, to one or more persons.  
    Nothing in this subdivision prohibits the department of 
public welfare from adopting or enforcing rules regulating day 
care, including the subjects in subdivision 4a, clauses (1) and 
(3).  The department may not, however, adopt or enforce a rule 
stricter than subdivision 4a, clause (2).  
    The department of public welfare may by rule adopt 
procedures for requesting the state fire marshal or a local fire 
marshal to conduct an inspection of day care homes to ensure 
compliance with state or local fire codes.  
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day following final 
enactment. 
    Approved May 7, 1984