Rules

New Rules Affecting Schools and Daycares

April 17, 2025

Rules go into effect that update the State Fire Marshal’s Office (SFMO) codes for schools and daycares to the 2021 International Building Code. NFPA 101 Life Safety Code is no longer adopted and does not apply.

Additionally, Family Home Daycares located in a home can meet the requirements of Appendix AM of the 2021 International Residential Code. This tailors the requirements of a Family Home Daycare to similar requirements as the codes of a home.

There are several benefits to the code update:

  1. There is only one (1) code to apply to new daycares instead of two (2).
  2. Voice evacuation systems are no longer required in daycares with thirty (30) or more occupants. The threshold increases to one hundred and one (101) or more occupants.
  3. Emergency escape and rescue windows are not required in classrooms.

April 23, 2025

Rules go into effect allowing new Department of Human Services (DHS) licensed daycares or DOE (Department of Education) Educational occupancies moving into an existing building and enrolling forty-nine (49) or fewer children to be reviewed through a consultation and four (4) inspections without submitting plans to the SFMO. An online application may be made on the SFMO’s website, and a one-thousand-dollar ($1,000) fee must be paid.  The application can be found here. It is important to know that this avenue is optional and is not required. If the SFMO finds an unusual circumstance, the SFMO reserves the right to require plans.

Applicants are responsible for contacting DHS or DOE to meet licensing requirements. DHS and DOE should not send a request to the SFMO for facilities utilizing this option. Instead, the SFMO will notify DHS and DOE when an application is received.

Here is how the rules will impact the following types of daycares and schools:

  1. New Family Home Daycares: No change. These will be handled through the SFMO’s current inspection process. DHS is responsible for the fees.
  2. New Group Home Daycares (12 & 12+3) going into existing buildings: No change. These will be handled through the SFMO’s current inspection process.  DHS  is responsible for the fees.
  3. Existing schools and Daycare Centers: increasing the number of children from twenty-four (24) to forty-nine (49) or less may utilize the consultation and inspections to increase student capacity.
  4. New schools and Daycare Centers with forty-nine (49) or fewer children going into existing buildings: Option 1) Apply and pay fee for consultation and four (4) inspections; or Option 2) Hire an architect and submit plans for limited review to the SFMO.
  5. New schools and Daycare Centers with forty-nine (49) or fewer children going into a new building: Hire an architect and submit a full set of plans to the SFMO.
  6. New schools and Daycare Centers with fifty (50) to ninety-nine (99) children going into an existing building: Hire an architect and submit plans for limited review to the SFMO.
  7. New schools and Daycare Centers with fifty (50) to ninety-nine (99) children going into a new building: Hire an architect and submit a full set of plans to the SFMO.
  8. New schools and Daycare Centers with one hundred (100) or more children going into a new building: Hire an architect and submit a full set of plans to the SFMO.
  9. New schools and Daycare Centers with one hundred (100) or more children going into an existing building: Hire an architect and submit a full set of plans to the SFMO.
  10. New Daycare Centers going into an existing and actively operating school building: If the age of children served is 2 ½ years old or older, plans are not needed. DHS will request an inspection from the SFMO.

Schools and Daycare Centers that build an addition to their building must submit full plans to the SFMO for the work to be performed.