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