The proposed rules amend the child care certification, family child care licensing, group child care licensing, and day camp licensing rules to incorporate the requirements on child care vehicle safety alarms in s. 48.658, Stats. The proposed rules provide that a vehicle must be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting the vehicle if the vehicle is owned or leased by a certified child care operator or licensee or a contractor of a child care operator or licensee, has a seating capacity of 6 or more passengers plus the driver, and is used to transport children in care.
No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle. The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a child care home, child care center, or base camp.
The child care licensing rules will be amended to require that the department inspect the child safety alarm of each vehicle to determine whether the child safety alarm is in good working order at least once per year. The child care certification rule will be amended to require a certification agency to inspect the child safety alarm as part of the on-site inspection of the premises done before initial certification, recertification, or within 30 days following a child care operator’s move to a new location.
Summary of Factual Data and Analytical Methodologies
The proposed rules incorporate the requirements of s. 48.658, Stats. Summary of Related Federal Requirements
None
Comparison to Adjacent States
None of the adjacent states has a child care vehicle safety alarm requirement.
Effect on Small Business
The proposed rules will not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Business or Economic Impact
The requirements in the rules that affect child care providers are also in statute.
Agency Contact Person
For licensed child care:
Anne Carmody
Bureau of Early Care Regulation
(608) 422-6023
For certified child care:
Jolene Ibeling
Bureau of Early Care Regulation
(608) 422-6067
SECTION 1. DCF 202.04 (7) (b) 2. d. is amended to read:
DCF 202.04 (7) (b) 2. d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator’s move to a new location. The inspection of the premises shall include an inspection of each vehicle that is required to have a child safety alarm under s. DCF 202.08 (9) (f) 1. or 202.09 (12) (h) 1. to determine whether the child safety alarm is in good working order. SECTION 2. DCF 202.08 (9) (f) is created to read:
DCF 202.08 (9) (f) 1. A vehicle is equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.
b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
c. The vehicle is used to transport children in care.
2. No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.
3. The child safety alarm is in good working order each time the vehicle is used for transporting children to or from a child care home.
Note: Information on the required vehicle safety alarm is available on the department’s website at http://dcf.wisconsin.gov. SECTION 3. DCF 202.09 (12) (h) is created to read:
DCF 202.09 (12) (h) 1. A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.
b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
c. The vehicle is used to transport children in care.
2. No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.
3. The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a certified school-age child care program.
Note: Information on the required vehicle safety alarm is available on the department’s website at http://dcf.wisconsin.gov. SECTION 4. DCF 250.08 (8) is created to read:
DCF 250.08 (8) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
3. The vehicle is used to transport children in care.
(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.
(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.
Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers” section of the department website at http://dcf.wisconsin.gov. SECTION 5. DCF 250.12 (2) is renumbered DCF 250.12 (2) (a).
SECTION 6. DCF 250.12 (2) (b) is created to read:
DCF 250.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 250.08 (8) (a) to determine whether the child safety alarm is in good working order.
SECTION 7. DCF 251.08 (8) is created to read:
DCF 251.08 (8) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
3. The vehicle is used to transport children in care.
(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.
(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.
Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers” section of the department website at http://dcf.wisconsin.gov.
