A statement from the Pennsylvania Department of Human Services sent to TalkErie.com News confirms that according to current regulations, inspectors of day care centers cannot cite an operator for lack of smoke detectors.
That’s a regulatory gap that State Senator Dan Laughlin wants to change in the wake of Sunday’s daycare fire in West Erie that killed five children. New legislation would require DHS to include checking all smoke detectors in their annual inspection.
“There’s thousands of these home daycares across the state of Pennsylvania that are unprotected right now, at least as far as we know,” Laughlin said a news conference Tuesday.
Also at Tuesday’s news conference, Coroner Lyell Cook said the five children, who ranged in age from 9 months to 8 years, succumbed to carbon monoxide poisoning and smoke inhalation.
The statement from the Pennsylvania Department of Human Services is as follows:
The Department of Human Services inspects child care facilities annually to ensure compliance with health and safety standards. In place since 1992, the department’s current regulations for child care facilities relating to fire safety address exits, space heaters, fire places, wood burning/coal burning stoves, and fire drills. See 55 Pa. Code §§ 3290.91 -3290.94. The current regulations do not allow for citing a child care facility for compliance with fire safety codes including the presence and functionality of smoke detectors. If the Department of Human Services observes a possible fire safety violation, it will request additional fire safety inspections by the appropriate agency pursuant to 55 Pa. Code § 20.35(c). This is an unthinkable tragedy, and we are committed to working with other state agencies and local partners to ensure that child care facilities are properly monitored for smoke detectors in the future. We are committed to closing this gap and all options, including amending DHS’ existing regulations, will be considered in the immediate future.
