OAR 414-300-0000
Applicability of Rules


(1)

OAR 414-300-0000 (Applicability of Rules) through 414-300-0415 (Civil Penalty) set forth the Office of Child Care’s (OCC) requirements for inspecting and certifying those child care facilities subject to Oregon laws governing child care facilities, ORS 329A.030 (Central Background Registry), 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) through 329A.310 (Application), 329A.350 (Denial, revocation or suspension of certification or registration) through 329A.460 (Separate sleeping quarters not required for certain persons providing child care or babysitting services) and 329A.990 (Criminal penalty), that:

(a)

Serve thirteen or more children; or

(b)

Serve twelve or fewer children and are located in a building constructed as other than a single-family dwelling.
(2) Individuals who are not enrolled in the Central Background Registry because of removal, denial for cause, or voluntary surrender in lieu of legal action, may only care for their own children or children related within the fourth degree as determined by civil law, pursuant to ORS 329A.252 (Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended).

(3)

These rules do not apply to child care facilities specifically excluded by law. Excluded facilities are those that:

(a)

Provide care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day except as provided in 414-300-0000 (Applicability of Rules)(2); or

(b)

Provide care for school-age children that is primarily a single enrichment activity, for eight hours or less a week; or

(c)

Provide care in which youth development activities are provided to school-age children during hours that school is not in session and which does not take the place of a parent’s care; or

(d)

Provide care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; or. This exclusion applies only to the time engaged in the group athletic or social activities and if the children can come and go as they please; or

(e)

Are operated by a school district, political subdivision of this state, or a government agency; or

(f)

Are operated on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-300-0000 (Applicability of Rules)(2); or

(g)

Operate as a parent cooperative for no more than four hours a day; or

(h)

Provide care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity; or

(i)

Provide care for three children other than the person’s own children except as provided in 414-300-0000 (Applicability of Rules)(2); or

(j)

Provide care for children from only one family other than the person’s own family except as provided in 414-300-0000 (Applicability of Rules)(2).

(4)

If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules.

(5)

For purposes of these rules, the determination of compliance or noncompliance shall be made by OCC.
(6) Providers have a right to review any action or decision affecting them. The OCC grievance procedures are available upon request to all applicants for child care certification or operators of centers.

Source: Rule 414-300-0000 — Applicability of Rules, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-300-0000.

414‑300‑0000
Applicability of Rules
414‑300‑0005
Definitions
414‑300‑0010
Application for a Child Care Certificate
414‑300‑0015
Issuance of a Child Care Certificate
414‑300‑0020
Exceptions to Rules
414‑300‑0030
General Requirements
414‑300‑0040
Enrollment
414‑300‑0050
Arrival and Departure
414‑300‑0060
Record Keeping
414‑300‑0070
General Requirements
414‑300‑0080
Director — Qualifications and Duties
414‑300‑0090
Head Teacher — Qualifications and Duties
414‑300‑0100
Teacher
414‑300‑0110
Teacher Aides
414‑300‑0115
School-Age Multi-Site Programs — Additional Staff
414‑300‑0120
Staff Training
414‑300‑0130
Staff/Child Ratios and Group Size
414‑300‑0140
Indoor Space
414‑300‑0150
Outdoor Space
414‑300‑0160
Fire Protection
414‑300‑0170
Hazards and Emergencies
414‑300‑0180
Sanitation
414‑300‑0190
Toilet Facilities
414‑300‑0200
Kitchens
414‑300‑0205
Testing for Lead in Drinking Water
414‑300‑0210
Furniture
414‑300‑0215
Infant and Toddler Furniture and Equipment
414‑300‑0220
Illness or Injury
414‑300‑0230
Medications
414‑300‑0240
Animals in the Center
414‑300‑0250
Food Selection, Storage, and Preparation
414‑300‑0260
Cleaning, Sanitizing, and Storage of Food Service Equipment and Utensils
414‑300‑0270
Nutrition
414‑300‑0280
Meals and Snacks
414‑300‑0290
Program Plan
414‑300‑0295
Program of Activities for All Children
414‑300‑0300
Infant and Toddler Program of Activities
414‑300‑0310
Preschool-Age Program of Activities
414‑300‑0320
School-Age Program of Activities
414‑300‑0330
Guidance and Discipline
414‑300‑0340
Equipment and Materials
414‑300‑0350
Transportation
414‑300‑0360
Night Care
414‑300‑0380
Swimming Activities
414‑300‑0390
Drop-in Care
414‑300‑0400
Suspension, Denial and Revocation
414‑300‑0415
Civil Penalty
Last Updated

Jun. 8, 2021

Rule 414-300-0000’s source at or​.us