• Have a valid Certificate of Occupancy
• Have an interconnected smoke alarm system that is operable and properly maintained at all times (34 Pa. Code § 403.23(c)(1), 62 P.S. § 1016(c), and 55 Pa. Code § 3280.95) *.
• Maintain proof and date of purchase of an interconnected smoke alarm system with the facility’s fire drill logs (62 P.S. § 1016(c)(3) and 55 Pa. Code § 3280.95)
• Manually test its interconnected smoke alarm system at least once every thirty days and maintain a written record of testing with the facility’s fire drill logs (62 P.S. § 1016(c)(1) and 55 Pa. Code § 3280.95).
• If the interconnected smoke alarm system cannot be tested every thirty days, the facility is required to:
  • Have the alarm tested at least annually by a fire safety professional;
  • Maintain written documentation of the test results with the facility’s fire drill logs; and
  • Documentation of the test results must be on the fire safety professional’s letterhead. (62 P.S. § 1016(c)(2) and 55 Pa. Code § 3280.95).
• Demonstrate operability of the system during OCDEL’s annual inspection (62 P.S. § 1016(c)(1) and 55 Pa. Code § 3280.95).Have a fire extinguisher rated for class B fires in the kitchen and other cooking areas (34 Pa. Code § 403.23(c)(2)).Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code §3280.91 (34 Pa. Code § 403.23(c)(3)).
• Maintain compliance with the regulations relating to Exits (55 Pa Code § 3280.91):
  • • Stairways, hallways, exits from rooms, exits from the facility and other means of egress serving as an exit shall be unobstructed.
    • Protective gates are permitted, if they open easily and are not disapproved by building codes or local ordinances.
    • If a door or doorway opens or exits directly into a stairwell and if there is no landing beyond the door or doorway, the door shall be restricted from opening or shall be removed and a secure barrier to prevent access to the stairwell shall be erected.
• Maintain compliance with the regulation relating to Space Heaters (55 Pa Code § 3280.92):
  • Portable space heaters, if allowed by local ordinance, may be used while children are in care, if the units are used in accordance with the manufacturer’s operating instructions.
  • Fixed and portable space heaters shall be insulated or equipped with protective guards.
  • The manufacturer’s instructions for use shall be kept in an accessible area in the facility.
  • A fixed space heater shall be approved for use by a local fire safety professional. Written approval of the installation and written approval for use shall be on file at the facility.
• Maintain compliance with the regulation relating to Fireplaces and woodburning and coal burning stoves (55 Pa. Code § 3280.93): Fireplaces, fireplace inserts or woodburning and coal burning stoves, if allowed by local ordinance, shall be securely screened or equipped with protective guards while in use.

*NOTE: The smoke alarm system can be interconnected via hardwire, Bluetooth connectivity or any other means that allow for communication between smoke alarms. 

• Have a valid Certificate of Occupancy
• Have a smoke alarm on each floor and in the basement that**:
  • Are interconnected, via hardwire, Bluetooth connectivity or any other means that allow for communication between smoke alarms (35 P.S. § 1223.6(f.1)(1.1)).
  • When activated, the resulting alarm is audible to persons in the indoor child-care space with all intervening doors closed (35 P.S. § 1223.6(f.1)(1.1)(i)).·       Each smoke alarm, at the time of installation, be approved by a testing laboratory recognized by the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor to test and certify smoke alarms.
    • OSHA’s Nationally Recognized Testing Laboratory (NRTL) Program Current List
• Maintain proof and date of purchase of the smoke alarms in their fire drill logs (35 P.S. § 1223.6(f.1)(2) and 62 P.S. § 1016(c)(3)).
• Manually test the smoke alarms at least once every thirty days and maintain a written record of testing with the facility’s fire drill logs. (62 P.S. § 1016(c)(1) and 55 Pa. Code § 3290.95).
• If the smoke alarms cannot be tested every thirty days, the facility is required to:
  • Have the smoke alarms tested at least annually by a fire safety professional;
  • Maintain written documentation of the test results with the facility’s fire drill logs; and
  • Documentation of the test results must be on the fire safety professional’s letterhead.  (62 P.S. § 1016(c)(2)).
• Have a portable fire extinguisher rated for class B fires in the kitchen and other cooking areas (34 Pa. Code § 403.23(b)(2) and 35 P.S. § 1223.6(f.1)(3)(ii)).
• Meet the exiting requirements for R-3 occupancy and licensure under 55 Pa. Code § 3290.91 (35 P.S. § 1223.6(f.1)(3)(iii) and 34 Pa. Code § 403.23(b)(3)).
• Maintain compliance with the regulations relating to Exits (55 Pa Code § 3290.91):
  • Stairways, hallways, exits from rooms, exits from the facility and other means of egress serving as an exit shall be unobstructed.
  • Protective gates are permitted, if they open easily and are not disapproved by building codes or local ordinances.
  • If a door or doorway opens or exits directly into a stairwell and if there is no landing beyond the door or doorway, the door shall be restricted from opening or shall be removed and a secure barrier to prevent access to the stairwell shall be erected.
  • Maintain compliance with the regulation relating to Space Heaters (55 Pa. Code § 3290.92):
    • Fixed and portable space heaters, if allowed by local ordinance, may be used while children are in care, if the units are used in accordance with the manufacturer’s operating instructions.
    • Fixed and portable space heaters shall be insulated or equipped with protective guards to prevent contact.
    • The manufacturer’s instructions for use shall be kept in an accessible area in the facility.
  • Maintain compliance with the regulation relating to Fireplaces and woodburning and coal burning stoves (55 Pa. Code § 3290.93): Fireplaces, fireplace inserts or woodburning and coal burning stoves, if allowed by local ordinance, shall be securely screened or equipped with protective guards while in use.

** NOTE: Family child care homes will have until September 6, 2023 to come into compliance with the requirements for an interconnected smoke alarm system pursuant to 35 P.S. § 1223.6(f.1)(1.1).

• Check the operability of and review the facility records relating to the fire detection device or system to demonstrate facility compliance with all fire safety requirements as defined under applicable regulations and construction code requirements.
• Provide notice of any suspected noncompliance to the building code official responsible for enforcing the fire safety requirements under applicable regulations and construction code requirements.

NOTE: OCDEL has updated the fire drill log form with appropriate sections for documenting fire drills and testing of the fire detection device or system monthly. See the Fire Drill and Fire Detection Log form.

If the DHS certified group child care home (in a residence) or family child care home is not in compliance with any of these requirements, an OCDEL certification representative will issue a citation. If the DHS certified group child care home (in a residence) or family child care home does not have operable smoke alarms or a valid certificate of occupancy, a representative of the Department will make a complaint to the building code official responsible for enforcing the fire safety requirements under applicable regulations and construction code requirements as per 62 P.S. § 1016(c)(4).

All DHS certified group child care homes (in a residence) or family child care homes must demonstrate the smoke alarm device or system is operable when the OCDEL certification representative conducts an annual inspection and may be required to demonstrate the device or system at other inspections. The OCDEL certification representative will be assessing for compliance with all the components of the requirements outlined under the “Discussion” section above. If the smoke alarm device or system cannot be tested or demonstrated as operable due to system design (not lack of functionality), then the facility must show the certification representative the documentation of testing by a fire safety professional.

There are fire safety training opportunities available through the Pennsylvania Professional Development (PD) Registry by searching fire safety training.

NOTE: Online courses through organizations other than those in the PD registry are not approved to meet the requirements for fire safety training for child care centers.

Non-compliance, verified by OCDEL, will result in a regulatory citation, which could include any or all of the following:

• 55 Pa. Code §§ 3280.95 or 3290.95, relating to fire detection
• 55 Pa. Code §§ 3280.20 relating to general health and safety
• 55 Pa. Code §3280.91 or 3290.91, relating to exits
• 55 Pa. Code §3280.92 or 3290.92, relating to space heaters
• 55 Pa. Code §3280.93 or 3290.93, relating to fireplaces and woodburning and coal burning stoves.

All DHS certified group child care homes (in a residence) and family child care homes must display compliance with all requirements outlined under the “Discussion” section above. In addition to a regulatory citation for non-compliance, the Department will notify the building code official responsible for enforcement of fire safety requirements. See also Appendix A- Fire Safety Regulations: OCDEL Guidance Chart for outline of applicable regulations.