The state Fire Marshal's Office is responsible for ensuring that day-care providers meet Maine's fire safety codes.

In the case of the School House day-care center in Vassalboro, the Fire Marshal's Office has repeatedly found violations - and allowed the center to stay open.

Nelson Collins, the state fire inspections supervisor, said his office takes a ''business-friendly'' attitude when it comes to day-care providers, and tries to work with the facilities to keep them open.

''If we take a business out of the community, we are not only taking her right to run a day care away,'' he said. ''You are taking a service out of the community. The School House provides a service for 40 or more kids. So there could be 30 families out there that would have to go out in short order and find another day care.''

Day-care operators have a series of fire code regulations they must comply with to stay in business, such as conducting regular fire drills and having functioning fire alarms.

State records show that inspections of the School House by the Fire Marshal's Office found several violations:

• An inspector visited the center in November 1994 and told the owner to take care of 11 violations, including replacing covers on smoke detectors and unlocking classroom exit doors.
• An inspection in June 1996 found six violations. The center again was asked to keep doors unlocked and to ''remove all combustible storage - second floor room.''
• An inspection in August 1997 found several violations, including: The fire alarm system was unplugged, fire drill records were not available, furniture was stacked in front of fire alarm pull arms, and there was exposed wiring on the second floor.

Fire safety issues are important in day-care centers because it can be difficult to evacuate several dozen toddlers and infants if a fire breaks out. The School House was licensed for 45 children.

The Fire Marshal's Office sent a memo to the Department of Human Services in August 1997 stating ''continued operation at this location under the present management and in the present condition would be a Life Safety Hazard to all occupants.''

Collins said that, although his office has the authority to close day-care centers, he believes the Department of Human Services should be the agency to take action.

''DHS is the licensing agency,'' he said. ''They are the one who says 'yes' or 'no' to a license.''

Collins said his office has never closed a day-care center.

The Department of Human Services sent a letter to the School House on Oct. 9, 1997, denying its application for a license renewal because of fire safety problems and other licensing issues.

The owner of the day-care center, Sherry Cennamo, appealed the decision in Superior Court. She reached an agreement with DHS on April 28 that allowed the center to stay open, provided that the owner sell it within 120 days.

The agreement also required the center to operate in full compliance with state regulations. It is now in full compliance with fire regulations, said Timothy Fuller, a state fire inspector.

Cennamo, in an interview prior to the April 28 agreement, acknowledged that, at times, she had not fully complied with state regulations.

''They have been certainly right in many of their allegations,'' she said. ''I did not follow the rules. I did not quickly answer letters. I did not quickly, for them, do the right things."

But, she said, ''I was not malicious in intent. I don't feel that, at any time, was the safety of any of these children (at risk).''

For example, Cennamo said, the fire alarm was unplugged during one inspection because a child had set it off when she was out of the building. Her staff did not know how to reset the alarm and had unplugged it.

Cennamo said the fire marshal's inspector arrived for an unannounced inspection shortly after the system was unplugged.

That was the only day of the year the system was not working, she said. A new fire alarm system has since been installed, she said.

She said the day-care center is now in full compliance with all regulations.

Cennamo said the problems with the state have taught her to stay in compliance with state laws. ''I've learned, by hard knocks, what T's I have to cross and I's I have to dot to satisfy the system,'' she said.