2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.280 - When certification required; rules.

(1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 329A.330, without a certification for the facility from the Department of Early Learning and Care.
(2) The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. The rules may establish reasonable requirements for landlords of tenants who operate a family child care home. In adopting the rules, the council may consider and set limits according to factors including the age of children in care, the ambulatory ability of children in care, the number of the provider’s children present, the length of time a particular child is continuously cared for and the total amount of time a particular child is cared for within a given unit of time. Rules may not take into consideration the provider’s children when establishing capacity or adult to child ratio requirements if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. The rules must require compliance with the provisions of ORS 329A.600.
(3) In addition to rules adopted for and applied to a certified family child care home providing child care for not more than 16 children, the council shall adopt and apply separate rules appropriate for any child care facility that is a child care center.
(4) Any person seeking to operate a child care facility may apply for a certification for the facility from the department and receive a certification upon meeting certification requirements.
(5) A facility described in ORS 329A.250 (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements. [Formerly 657A.280; 2019 c.187 §4; 2021 c.369 §2; 2021 c.518 §2; 2023 c.554 §17; 2023 c.594 §4]
Note:
The amendments to 329A.280 by section 3, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
(1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 329A.330, without a certification for the facility from the Department of Early Learning and Care.
(2) The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. The rules may establish reasonable requirements for landlords of tenants who operate a family child care home. In adopting the rules, the council may consider and set limits according to factors including the age of children in care, the ambulatory ability of children in care, the number of the provider’s children present, the length of time a particular child is continuously cared for and the total amount of time a particular child is cared for within a given unit of time. Rules may not take into consideration the provider’s children when establishing capacity or adult to child ratio requirements if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. The rules must require compliance with the provisions of ORS 329A.600.
(3) In addition to rules adopted for and applied to a certified family child care home providing child care for not more than 16 children, the council shall adopt and apply separate rules appropriate for any child care facility that is a child care center or an outdoor child care program.
(4) Any person seeking to operate a child care facility may apply for a certification for the facility from the department and receive a certification upon meeting certification requirements.
(5) A facility described in ORS 329A.250 (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements.