Beginning Monday, Maine childcare facilities are no longer permitted to use baby gates under most circumstances.

Under the new guidance from the Maine Fire Marshall’s Office, baby gates can only be used to protect children from hazards, such as fireplaces or stoves.

An October 18 communication from the Fire Marshall explained that “means of egress” must be “continuously maintained free of all obstructions or impediments” in case of fire or another emergency, and “any type of barrier including, but not limited to gates, is an impediment to free movement in the means of egress.”

According to this memo, it was reportedly observed during “some routine daycare inspections” that devices such as baby gates and playpens were “preventing both adults and children” from being able to access exit doors in case of emergency.

“Since egress obstruction has been observed across the State in daycare and educational facilities, our office felt compelled to begin informing daycare providers of potential egress concerns,” the Fire Marshall’s memo said.

Click Here to Read the Full Memo

In interview with members of the media, Assistant State Fire Marshal Greg Day made an effort to assure business owners that the Office will focus first and foremost on education, as opposed to enforcement.

“We used to allow minimum gates, but it’s gotten really outrageous,” Day told WGME. “People are putting them in doorways and people can’t get out. Our inspectors were tripping over things, and we couldn’t normally walk through certain areas.”

“If the fire alarm goes off, you need to be able to go,” Day said. “We certainly want these kids to be able to get out freely in case of an emergency, no different than if you’re in Walmart or in any other public space.”

“We’re not going to summons people to court, we’re not going to take their licenses away,” added Day. “Voluntary compliance is our goal.”

“We’re working with them. We’ve gotten a lot of calls. Most people are like ‘ok we get it.’ A lot of them are very simple fixes,” he told the outlet. “That’s all we’re looking for is voluntary compliance. We’re not going to shut anybody down, we’re not going to summons anybody.”

While some — including Jennifer Wescott, President of the Family Child Care Association of Maine and childcare provider — have indicated that complying with the new guidance will be relatively simple, others will likely face more time-intensive and expensive fixes.

Depending upon where and why a facility is currently making use of baby gates, adding a half-door or wall may be necessary in order to effectively replace them.

In an interview with WGME, Wescott expressed concern that this change in guidance may force some smaller facilities to close.

“Will they say we can’t operate and close, leading to even more additional shortages with finding child care? That is my concern,” she said. “We have providers that are very concerned.”

A study from West Virginia University released this past October revealed that Maine has some of the nation’s most restrictive childcare regulations, making childcare more expensive and difficult to access for parents throughout the state.

“Though well-intended, the regulatory framework cripples progress toward affordability, availability, flexibility, and quality for American families seeking childcare solutions,” said the study. “Many popular childcare regulations are more effective at increasing the cost of care than the quality of care.”

Maine also was found separately to have some of the most expensive childcare in the county with an average annual cost of $20,513 per child.

When considering the average childcare cost compared with the median income, Maine is the third worst nationwide, with childcare costing 34.48 percent of the state’s $59,489 median household income.