Preschool

A childcare facility in which learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and who are 30 months of age or older; which conducts sessions not exceeding three hours per session; which does not enroll any child more than one session per day; and which does not serve a meal.

A qualified program director must be employed at the center full-time. Each unit must have qualified staff at all times when children are in care. Qualifications are stated by regulation and are based on the number of children in care.

 Preschool 

• For a facility to be considered a preschool by OSFM, all the following conditions must be met:
  • All children are 3 years of age or older
  • Sessions are not more than three hours per day
  • Children are enrolled in only one session per day
  • Meals are not served
  • Napping does not take place
• Preschools must meet the building code requirements for an I4 -Education Occupancy.

For KDHE Licensing 

Staff caring for children must have an understanding of children and complete certified first air and CPR as well as childcare-related training in health and safety topics.

A KBI criminal history and child abuse and neglect background check is processed on all persons living, working, or volunteering in the licensed child care center facility.

State licensing fee $75 plus $1 for each child in the   total capacity. For example, for a capacity of 60 children, the required initial and annual fee is $135. Local fees may also apply.

The child care center is inspected to check compliance with regulations to protect the health, safety and well-being of the children in care at least once every 12 months.

View Staff to Child Ratios (PDF)

View Chart of Staff Qualification Options (PDF)

Facility owners and operators have the ultimate legal responsibility for the safety of all occupants within their facility. This responsibility cannot be transferred to any code authority, whether local or state.

The owner/operator has this responsibility:

• Regardless of whether or not any inspections have been performed by any authority, whether local or state;
• Regardless of whether or not a plan of correction has been accepted by any authority, whether local or state;
• Regardless of whether or not any plan review has been done by any authority, whether local or state.

The Office of the State Fire Marshal’s role is to provide life safety oversight. For certain types of facilities, this role is mandated by state law or Centers for Medicare and Medicaid Services. The OSFM provides a risk management service. Assistance is provided to facility owners and operators to lower their potential risk from incidents that could endanger the occupants of the building. The OSFM identifies noncompliant life safety issues in new and existing facilities, and we communicate these issues to the owner/operator. It is the job of the owner/operator to provide appropriate solutions. 

New facilities shall comply with all applicable fire codes and regulations. Life Safety violations in new facilities are unacceptable.

OSFM cannot: 

• Provide design services to the owner/operator;
• Defer liability away from the owner/operator;
• Provide guidance on how to correct fire issues.

Facility owners and operators are responsible for maintaining all documentation concerning their facility. They must maintain correspondence that relates to acceptance of non-conforming conditions and plan approval. This documentation may be requested by inspectors at later on-site visits. Code footprints are the best way to document acceptance for nonconforming conditions and to document the code status of a facility.

We recommend submittal for the following:

• New construction, renovation, remodel of buildings, especially those that impact egress paths or exiting features
• Fire Alarm system
• Fire Sprinkler system

Email Prevention Division

CONSIDERATIONS WHEN SUBMITTING TO OSFM

If a facility chooses to submit plans to OSFM for review, any identified deviations must either be clarified or corrected by the designer to the satisfaction of the reviewing authority prior to construction. It will not be an optional correction!

If a facility does not have OSFM review construction plans; the cost may be extensive if fire code violations are identified after-the-fact during a routine inspection. OSFM will require all noncompliant issues to be corrected. 

When plans for new construction are reviewed by OSFM, they are typically reviewed within 30 days. 

The focus of the OSFM is on compliance with the International Building Code with special attention placed on exiting, notification, detection, separation, and suppression. 

THE LOCAL JURISDICTION’S ROLE

In areas where a building official is present, a plan review, a building permit, inspections, and a certificate of compliance may be required. In areas without a building official, an authorized representative of the Office of the State Fire Marshal may inspect for code compliance. 

The school owner and the designer or engineer shall work with local authorities towards resolving fire department access, water supply, zoning requirements, and drainage issues. Local authorities may require a school site to provide fire department access and adequate water supplies or allow the option for the building to be fully sprinklered to compensate for these requirements.

If a conflict in interpretation occurs between the local building or fire authorities and construction documents, the issue should be brought to the Office of the State Fire Marshal at 785-296-3401. We will try to interpret any unresolved issues.

In areas where a building official is present, a plan review, a building permit, inspections, and a certificate of compliance may be required. In areas without a building official, an authorized representative of the Office of the State Fire Marshal may inspect for code compliance. 

The school owner and the designer or engineer shall work with local authorities towards resolving fire department access, water supply, zoning requirements, and drainage issues. Local authorities may require a school site to provide fire department access and adequate water supplies or allow the option for the building to be fully sprinklered to compensate for these requirements.

If a conflict in interpretation occurs between the local building or fire authorities and construction documents, the issue should be brought to the Office of the State Fire Marshal at 785-296-3401. We will try to interpret any unresolved issues.

Fire Marshal Requirements (PDF)

Request for Review C.2.2. (PDF)

Request for Review C.2.2.A. (PDF)