• Have a valid Certificate of Occupancy
• Have a fire detection device or system (i.e. alarm) that is operable and properly maintained at all times in compliance with the Human Services Code (62 P.S. §1016(c)) and the Pennsylvania Construction Code (34 Pa. Code § 403.23(d)) and applicable regulations.
• Maintain proof and date of purchase of an interconnected fire detection device or system with the facility’s fire drill logs (62 P.S. § 1016(c)(3), 55 Pa. Code § 3270.95, and § 3280.95).
• Manually test all fire detection devices or systems 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), 55 Pa. Code § 3270.95, and 55 Pa. Code § 3280.95).
• If the fire detection device or system cannot be tested every thirty days, the facility shall:
  • Have the fire detection device or system 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), 55 Pa. Code § 3270.95, and § 3280.95)).
• Demonstrate operability of the system during OCDEL’s annual inspection (62 P.S. § 1016(c)(1), 55 Pa. Code § 3270.95, and § 3280.95).
• Maintain compliance with its classification under Chapter 3 of the “International Building Code of 2018.”  The facility shall meet all Uniform Construction Code standards for these occupancy classifications (34 Pa. Code § 403.23(d)).
• Maintain compliance with the regulations relating to Exits (55 Pa. Code § 3270.91 and § 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.
• Child Care Centers shall maintain compliance with the regulation relating to Space Heaters (55 Pa. Code § 3270.92):
  • Portable space heaters are not permitted.
  • 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.
  • A fixed space heater shall be insulated or equipped with protective guards.
• Group Child Care Homes (in a Commercial Space) shall 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.
• Maintain compliance with the regulations relating to Fireplaces and woodburning and coal burning stoves (55 Pa. Code § 3270.93 and § 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.
• Child Care Centers shall maintain compliance with the regulations related to fire safety training (55 Pa. Code §3270.31(e)(4)(ii)):
  • Staff persons shall participate, at least annually, in fire safety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility’s fire extinguishers, not including discharge of the fire suppressant agent.
• Child Care Centers shall maintain compliance with the regulations related to documentation of fire safety training (55 Pa. Code §3270.31(g)):
  • Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date professional development was completed. Documentation shall be retained in the facility person’s file or maintained in an electronic system as designated by the Department. Documentation of the completion of the professional development under subsection (f) taken from September 30, 2016, forward satisfies this requirement.

Check the operability of and review the facility records relating to the fire detection device or system to demonstrate facility compliance with 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 Fire Drill and Fire Detection Log.

If the DHS certified child care center or group child care home (in a commercial space) is not in compliance with any of these requirements, an OCDEL certification representative will issue a citation. If the DHS certified child care center or group child care home (in a commercial space) does not have an operable fire detection device or system, smoke detector, or 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).

Requirements During Inspections by OCDEL

All DHS certified child care facilities must demonstrate the fire detection 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 fire detection 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.

Fire Safety Training Requirement (Child Care Centers Only)

Fire safety training is required for all child care center staff at least annually under 55 Pa. Code §3270.31(e)(4)(ii) and documentation of completion of fire safety training is under 55 Pa. Code §3270.31(g). Staff persons and volunteers must receive training in maintenance of smoke detectors; the duties of facility persons during a fire drill and during a fire; and the use of the facility’s fire extinguishers, not including discharge of the fire suppressant agent.

Fire safety training must be conducted by a fire protection professional. In the event that in person training is not available, fire safety training may be obtained online 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.

Noncompliance with Fire Safety Requirements

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

• 55 Pa. Code §§ 3270.95 or 3280.95, relating to fire detection
• 55 Pa. Code §§ 3270.21 or 3280.20, relating to general health and safety, and/or
• 55 Pa. Code §3270.31(e)(4)(ii), relating to fire safety training
• 55 Pa. Code §3270.31(g), relating to documentation of fire safety training
• 55 Pa. Code §3270.91 or 3280.91, relating to exits
• 55 Pa. Code §3270.92 or 3280.92, relating to space heaters
• 55 Pa. Code §3270.93 or 3280.93, relating to fireplaces and woodburning and coal burning stoves.

All DHS certified child care centers and group child care homes (in a Commercial Space) 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 enforcing the fire safety requirements. See also Appendix B- Fire Safety Regulations: OCDEL Guidance Chart (see below) for outline of applicable regulations.

All DHS certified child care facilities must demonstrate the fire detection 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 fire detection 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.

Fire safety training is required for all child care center staff at least annually under 55 Pa. Code §3270.31(e)(4)(ii) and documentation of completion of fire safety training is under 55 Pa. Code §3270.31(g). Staff persons and volunteers must receive training in maintenance of smoke detectors; the duties of facility persons during a fire drill and during a fire; and the use of the facility’s fire extinguishers, not including discharge of the fire suppressant agent.

Fire safety training must be conducted by a fire protection professional. In the event that in person training is not available, fire safety training may be obtained online 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 §§ 3270.95 or 3280.95, relating to fire detection
• 55 Pa. Code §§ 3270.21 or 3280.20, relating to general health and safety, and/or
• 55 Pa. Code §3270.31(e)(4)(ii), relating to fire safety training
• 55 Pa. Code §3270.31(g), relating to documentation of fire safety training
• 55 Pa. Code §3270.91 or 3280.91, relating to exits
• 55 Pa. Code §3270.92 or 3280.92, relating to space heaters
• 55 Pa. Code §3270.93 or 3280.93, relating to fireplaces and woodburning and coal burning stoves.

All DHS certified child care centers and group child care homes (in a Commercial Space) 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 enforcing the fire safety requirements. See also Appendix B- Fire Safety Regulations: OCDEL Guidance Chart for outline of applicable regulations.