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Salem, OR Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
SRC 58.004(f), OFC § 503.1.2.1
Trigger
Group E occupancy, over 100 occupants
Day care coverage
6+ children older than 2.5 years
Required access
two separate fire apparatus access roads
Exception
one side within 50 ft of open public street

Summary

Salem's Fire Prevention Code requires two separate fire apparatus access roads for any building holding a Group E occupancy with more than 100 occupants, a category that includes day care facilities serving six or more children over 2.5 years old, under SRC 58.004(f) (amending OFC 503.1.2.1). A narrow exception applies if one full side sits within 50 feet of a public through street.

(f)503.1.2.1 Access to Educational (Group E) Occupancies. All buildings or structures with an occupant load greater than 100 persons and used for Group E occupancies (six or more persons at any one time for educational purposes through 12th grade and day care facilities for educational, supervision, or personal care services for six or more children older than 2.5 years of age) that are constructed in, moved into, or moved within the City shall be provided with at least two separate fire apparatus access roads. Exception: Buildings where one entire side is within 50 feet of an opened public through street that is sufficient for fire apparatus access.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 26 Update 1).

Full Breakdown

SRC 58.004(f) amends Oregon Fire Code section 503.1.2.1 as it applies in Salem. It requires at least two separate fire apparatus access roads for any building or structure with an occupant load greater than 100 persons that is used for a Group E occupancy, a classification that under this section expressly covers day care facilities providing educational, supervision, or personal care services for six or more children older than two and a half years, as well as K-12 educational uses for six or more persons at a time. The requirement applies whether the building is newly constructed, moved into Salem, or moved within the city.

There is one built-in exception: a building does not need the second access road if one entire side of the structure sits within 50 feet of an already-open public through street that is itself sufficient for fire apparatus access. Because this sits inside SRC chapter 58's Fire Prevention Code, it is enforced by the Fire Code Official under the chapter's general powers (SRC 58.006), and a facility that does not provide the required access roads can be treated the same as any other Fire Prevention Code violation, subject to a stop work order or a discontinued-use order under SRC 58.011 and the civil-penalty and permit provisions of SRC 58.175 and 58.185. Day care operators pursuing a building permit for a new or converted facility should confirm access-road compliance with the Fire Code Official during plan review, since SRC 56.027 also routes structural-permit plans through fire plan review for any project needing a certificate of occupancy.

Violations & Fines

A day care building that does not provide the required two fire apparatus access roads, absent the 50-foot public-street exception, is out of compliance with the Fire Prevention Code and can be denied occupancy or hit with a Fire Code Official stop order and discontinued-use order under SRC 58.011, plus the chapter's general civil penalty and reinspection fee provisions in SRC 58.175 and 58.430.

Frequently Asked Questions

Does a Salem day care need two fire access roads?
It does if the building's occupant load exceeds 100 people and it serves six or more children older than 2.5 years, under SRC 58.004(f). That amendment to OFC 503.1.2.1 classifies qualifying day care facilities as a Group E occupancy requiring two separate fire apparatus access roads.
Is there an exception to Salem's two-access-road rule for day cares?
Yes. SRC 58.004(f) waives the second access road if one entire side of the building is within 50 feet of an already-open public through street that itself provides sufficient fire apparatus access.
Who enforces the fire access requirement for Salem day cares?
The Fire Code Official administers and enforces it under the Fire Prevention Code's general powers in SRC 58.006, and can issue a stop work or discontinued-use order under SRC 58.011 against a facility that does not meet the access-road requirement.

Sources & Official References

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