HomeMy WebLinkAbout0490 Day Care Service Requirements 1998CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 490
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
DEFINITION OF DAY CARE EMPLOYEE TO INCLUDE UNPAID EMPLOYEES
OR UNPAID VOLUNTEERS; CLARIFYING THAT BOTH A CHUBBUCK
BUSINESS LICENSE AND A DAY CARE PROVIDER'S LICENSE IS REQUIRED
TO BE A DAY CARE PROVIDER; AMENDING THE GENERAL DEFINITION OF
VOLUNTEERS TO INCLUDE ANY CONTACT WITH CHILDREN RATHER THAN
JUST UNSUPERVISED CONTACTS; AMENDING THE REQUIREMENT OF
STAFFING TO PROVIDE FOR ONE STAFF MEMBER FOR EACH 12 CHILDREN
WITH A CHILD UNDER 18 MONTHS COUNTING AS TWO CHILDREN FOR
PURPOSES OF THIS RATIO; PROVIDING THAT FOR STAFFING PURPOSES THE
CHILDREN OF A PROVIDER OR EMPLOYEE ARE TO BE COUNTED AND
STAFF PROVIDED FOR SUCH CHILDREN; PROVIDING THAT EACH PROVIDER
AND EMPLOYEE MUST HAVE FOUR HOURS OF TRAINING IN EACH 12
MONTH PERIOD AND FIRST AID TRAINING COUNTS TOWARDS THIS
REQUIREMENT; PROVIDING THAT EACH PROVIDER OR EMPLOYEE MUST
BE CPR CERTIFIED AND MUST WATCH A SHAKEN BABY SYNDROME TAPE;
PROVIDING THAT OUTDOOR PLAY AREAS SHALL ABUT THE PHYSICAL
FACILITY; PROVIDING THAT DAY CARE OPERATIONS MUST BE ON THE
MAIN FLOOR FOR CHILDREN UNDER EIGHT YEARS OF AGE; PROVIDING
THAT DAY CARE FACILITIES ON AN OWNER OCCUPIED PREMISES SHALL
BE LIMITED TO 12 CHILDREN WITH EACH CHILD UNDER 18 MONTHS
COUNTING AS TWO CHILDREN AND FURTHER PROVIDING THAT THE
CHILDREN OF THE PROVIDER OR ANY EMPLOYEE SHALL BE INCLUDED IN
THE COUNT; PROVIDING FOR EXPANDED DEFINITIONS OF WHEN CRIMINAL
HISTORY CHECKS ARE REQUIRED AND FOR WHOM; AMENDING THE FEE
SECTION OF THE ORDINANCE TO PROVIDE FEES TO BE SET BY
RESOLUTION BUT FURTHER PROVIDING THAT ANY FEES CHARGED BY
ANY OTHER AGENCY SHALL BE PASSED THROUGH TO THE APPLICANT,-
PROVIDING
PPLICANT;PROVIDING FURTHER THAT ANY PROVIDER OR EMPLOYEE CHECKED OUT
BY THE CITY OF POCATELLO FOR DAY CARE PURPOSES WITHIN ONE YEAR
MAY HAVE THEIR BACKGROUND CHECK WAIVED AT THE DISCRETION OF
THE CHIEF OF POLICE; PROVIDING THAT THE LOCATION OF SMOKE
DETECTORS SHALL BE IN SUCH LOCATIONS AS DETERMINED BY THE
BUILDING OFFICIAL; CHANGING THE DEFINITION OF EXITS; CHANGING
THE REQUIREMENTS FOR SPACE UNDER INTERIOR EXIT STAIRWAYS;
CHANGING THE PROVISIONS FOR OCCUPANCIES FOR MORE THAN 49
OCCUPANTS; CHANGING THE FACILITIES TO WHICH THIS ORDINANCE
APPLIES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR
THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING
THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS
Ordinance - Page 1
dsc chbbckO3.221
0
6.04 AND 6.08 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND
EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Section 6.04.030 is amended as follows:
apply:
6.04.030 Definitions. For the purposes of this chapter, the following definitions shall
A. "Day care" means
not the children of stepohildr-e of the provider- any home or place where non-medical care,
protection, and supervision is regularly provided to children under 12 years of age, for periods
less than 24 hours per day, while the parents and guardians are not on the premises.
B. "Day care employee" means any person hired to assist a day care provider with the
care of children or an unpaid employee or an unpaid volunteer that assists a day care provider
with the care of children.
C. A "day care provider" means a person using a place, home, building or location to
provide day care for five or more children, under the age of eighteen years, not the children or
stepchildren of the provider, in return for compensation.
Section 2. Section 6.04.050 is amended as follows:
6.04.050 License --Required. A. No person shall be a day care provider or day care
employee within the city unless a business license and a daycare .provider's license is first
procured, prominently displayed in the place, home, building or location, and is maintained in
effect and unrevoked.
B. Applicants for a license shall complete a form provided by the Euler -k
Ordinance - Page 2
dsc chbbck03.221
•
chief of police or the chief's designee with information and authorizations necessary to provide
complete criminal history checks, as set forth hereinafter. Such information shall include but may
not be limited to, a current list of all employees, all individuals twelve years of age or older living
at the location where day care is provided, and regular volunteers who have unsupervised contact
with the children. Failure to provide the necessary information or authorizations shall be grounds
to deny a license.
C. Day care provider's licenses shall have subscribed thereon the maximum number of
children allowed in the place, home, building or location wherein the day care is provided. Such
licenses are premises -specific and may not be used to provide day care in any place, home,
building or location other than the one named on the license.
Section 3. Section 6.04.080 is amended as follows:
6.04.080 Criminal history checks. The police department of the city is authorized to
perform criminal history checks of day care providers, of individuals twelve years of age or older
living in locations where day care is provided, of regular volunteers who have unsupervised
contact with the children, and of day care employees, as set forth hereinafter.
Section 4. Section 6.04.110 is amended as follows:
6.04.1 l0 Staff. A. Each day care provider shall affange for ^tiff eient ^ mbef: of
eempetent staff fnembef s to provide adequate and safe supefvision of the childre must provide
at least one licensed staff member for each twelve (12) children on the premises; provided
however, each child under the age of eighteen(18) months shall be considered as two (2) children
for purposes of determining the maximum number of children allowed per staff member. No
Ordinance - Page 3
dsc chbbck03.221
attendant shall be responsible for more than twelve children at one time. There shall, however,
always be present a mature person of at least eighteen years of age. The day care provider shall
keep an updated list of children utilizing the provider's services, and said list shall be available to
the Chubbuck police department, the Idaho Department of Health and Welfare, the Southeastern
District Health Department or any other such agency, at their request. Said lit shall l inelu,de th.
A. Child's name;
For purposes of this section the children of a provider or any employee shall be counted and
staffing provided for them.
B Every licensed day care provider and every day care employee is required to attend
first-aid training Each day care provider must provide proof to the city of the provider's
attendance as well as each employee's attendance at such first-aid training within ninety (90)
days of licensing and within ninety (90) days of hiring an employee The provider shall provide
proof that the provider and each employee have received four (4) hours of ongoing training,
which may include the first-aid training in each twelve (12) month period after licensingor r the
employee's hire date in compliance with the State laws Each provider or employee must also be
certified in CPR within ninety (90) days of commencing child-care duties and must provide proof
of certification to the chief of police or the chief's designee upon request.
C All daycare providers and employees shall view a tape on the effects of "Shaken Baby
Syndrome" within thirty (30) days of licensing or employment. The tape will be provided by the
Ordinance - Page 4
dsc chbbck03.221
0 0
city and must be viewed at the police department. Each person viewingthe tape must sign a
statement indicating they have viewed the tape and understand the dangers of shaking a baby.
D. The daycare providers shall keep the following records on file on the premises:
1. The child's full name, month, day, and ,year of birth.
2. The full name, telephone number, and address of parents, guardian, and an
additional emergency contact person.
3. A medical treatment consent form signed by the parent or guardian, which will
authorize emergency treatment by_a physician if the parents cannot be reached.
4. Name, address, and telephone number of a physician designated by the parents,
including the parents' hospital preference if emergency treatment is required.
5. Information re >a�, rdinQ medication and other health related needs, if applicable.
6. A current immunization card for each child unless the child's parent or guardian
has submitted to the child care facility_ provider/owner a certificate signed by a physician
licensed by the State Board of Medicine stating that the physical condition of the child is
such that all or any of the required immunizations would endanger the life or health of the
child, or the child's parent or guardian has submitted a signed statement to the child care
facility owner/provider objecting to immunizations upon religious grounds.
7. A copy of each child's birth certificate. If parent or guardian is unable to
provide such information, necessary forms for obtaining a birth certificate will be provided
to the parent/guardian, so that they may locate such information. Any parent not
complying with the daycare's request for a birth certificate will be referred to the police
department by the daycare.
Ordinance - Page 5
dsc chbbck03.221
0 •
8. Training records for each provider and child care worker. These records shall
include the number of hours of class attendance, name of training session, subject content
and name of instructor and facility that provided the training.
Failure to maintain and/or allow inspection of the above records shall be grounds for the
facility's license suspension or revocation.
Section 5 . Section 6.04.120 is amended as follows:
6.04.120 Physical facilities. A. All places, homes, buildings or locations wherein day care
services are licensed pursuant to this chapter shall conform to the uniform building and fire codes,
as adopted and amended by the city and as interpreted by the building official and fire chief in
their discretion. However, said places, homes, buildings or locations shall conform to the state
Fire Safety Standards for Day Care, I.D.A.P.A. 18G.55, if any of those standards are more
stringent than those adopted from time to time by the city.
B. All places, homes, buildings or locations wherein day care services are licensed
pursuant to this chapter shall comply with the health standards adopted from time to time by the
Southeastern-dahe District Health Department pursuant to Idaho Code 39-111 and 39-1111.
C. All places, homes, buildings or locations wherein day care services are licensed
pursuant to this chapter shall comply with Title 18 of Chubbuck Code, "Land Use."
D. Outdoor play areas shall
abut the physical facility and shall be enclosed at any places, homes, buildings or locations wherein
day care services are licensed pursuant to this chapter.
E. All places, homes, buildings or locations wherein day care services are licensed
pursuant to this chapter shall have a safe and reliable water supply which complies with the rules
Ordinance - Page 6
dsc chbbck03.221
0 0
of the Southeastern 1dahe District Health Department and shall be supplied with reasonable
articles for personal hygiene such as hot water, soap, and either paper towels, multiple use towels,
or hot air dryers.
F. Day care facilities located in an owner occupied residence as a home occupation shall
be limited to twelve (12) children, provided each child eighteen (18) months and younger shall be
counted as two (2) children. For purposes of this section, the children of the provider or any
employee shall be included and counted.
G. Day care operations shall not be located above or below the main floor for children
under eight (8) years of age.
H. No smoking shall be allowed inside any daycare facility while services are being
provided.
Section 6. Section 6.04.150 is amended as follows:
6.04.150 License application --Criminal history check. A. As a condition of receiving or
maintaining a day care provider's or employee's license under this chapter, the police department
is authorized to undertake local criminal history checks of all persons from whom authorizations
have been received in connection with a license application. The department is further authorized
to undertake state and national criminal history checks of any sueper-sons whe have not
applieatiert for all applicants, whether a new application or renewal, or where information
obtained in a local check or subsequent information received from other sources indicates to the
department a need therefor. Such checks, including fingerprint searches, may be made of the
following sources:
Ordinance - Page 7
dsc chbbck03.221
a
National Crime Information Center;
2. Federal Bureau of Investigation;
Criminal Identification Bureau, statewide;
4. Employment history;
City, county and state records at former residences over the past ten years;
6. Such other reasonable information sources as circumstances may indicate.
B. Subsequent criminal history checks may be made of any person from whom an
authorization has been received in connection with a license application, as eircumstanees
..........
any lieense renewal, unless the per -son has centinueusly resided eutside of the State or renewal, to
the extent deemed to be required by the chief of police or the chief's designee.
C Notwithstanding any other provisions of this ordinance a criminal history check shall
include all checks required by Idaho Code§ 35-1105.
Section 7. Section 6.01.170 is amended as follows:
6.04.170 License --Fee. A. Applications for a day care provider's license shall be
accompanied by the current fee then being charged for each of the following:
$45.00 Fee for any fire and building code checks; and local criminal history checks
and administrative costs; plus
Var-iable Fee charged for initial and yearly renewal and health checks by
sSoutheastern dDistrict hHealth dDepartment;lus
Variable Fee charged by other governmental organizations for state and national
criminal history checks of provider, regular volunteers with Unsupervised
contact with children, and residents age twelve or older living at the
location where day care is provided, who have not eentinuously fesided in
A 1, d in R ek County for throe years preeeding the date
Ordinance - Page 8
dsc chbbck03.221
0
Fee for initial applications for criminal background check, including
fingerprinting and related processing fees charged by the police
department.
Fee for Business License Application, City of Chubbuck
Should a Conditional Use permit be required to comply with City of
Chubbuck Code 18.08.040, the provider would be required to pay the
standard hearing and notification fees for said permit.
Renewal background checks are required every two years from date of
initial application. A full check, including new fingerprint card processing
may be required, as determined by the chief of police or the chief s
designee.
Nlariable Any necessary zoning compliance costs.
B. Applications for a day care employee's license shall be accompanied by the current fee
then being charged for each of the following_
W.00 Fee for leek initial application for criminal history checks and
administrative costs plus including fingerprinting and processing fees;
Mable Fee charged by other governmental organizations for state and national
criminal check history checks if employee has not ^ ntin etisl . resided in
years preceding
applieation.
C. Fees for license renewals shall be plieatiens based upon the
current fee schedule unless other governmental entities have inereased changed their fees charged.
Howevef, no renewal fee shall be eharged fbF stme and national efiminal history ebeeks unles
those eheeks are made because a pef son has eontinuously resided outside of the state of MAE)
^� ' Aa the original ^ nal hi toFy ehec � « plet Renewal checks shall include
driver's license checks, NCIC criminal histories, local record checks and such other checks as the
chief of police or the chief's designee shall deem necessary.
D. Any day care provider licensed by the state of Idaho at the time of passage of this
chapter shall still be required to have a license issued pursuant to this chapter; however the fees
set forth in Section 6.04.170 shall be waived. Notwithstanding anything else set forth in this
Chapter 6, the initial license issued pursuant to this chapter to any day care provider that is
licensed by the state of Idaho at the time of this chapter shall expire at the same time the state
license expires. Upon such expiration, renewal of the Chubbuck license shall require all fees set
forth above.
Ordinance - Page 9
dsc chbbck03.221
E. Any day care provider or employee who has verifiable proof of having been licensed in
the City of Pocatello within one year of the current application date, including full criminal history
checks and fingerprints sent to the Bureau of Criminal Identification for processing, will have the
full background check fees waived at the chief of police's discretion. A reduced charge for
administrative costs shall be assessed and the applicable renewal dates for the Chubbuck licenses
will apply.
F. Fees for initial and renewal applications for a dare provider's license and for an
employee's license shall be as set from time to time by the Chubbuck city council, provided,
however all fees charged to the City or paid by the City to outside agencies shall be passed
through and paid by applicant.
Section 8. Section 6.04.190 is amended as follows:
6.04.190 Licenses --Denial, suspension or revocation pursuant to criminal history check of
volunteers or residents. Upon consideration of an application the city council may deny, suspend
or revoke a day care provider's license if the criminal history check of any individual age twelve
or older living at the location where day care is provided, or the criminal history check of a
regular volunteer who has unsu„ep,,ise' contact with the children, reveals any violations of this
chapter, or any of the disqualifications listed in Section 6.04.180. The chief of police or the
chiefs designee may suspend a daycare provider's license without prior notice, for a period not
exceeding ten (10) days,provided any suspended licensee shall be entitled to have the suspension
reviewed by the Chubbuck city council at its next regular council meeting, or, if said meeting
beyond the ten (10) day period, at a special meeting called to review such suspension.
Section 9. Section 6.08.03 is amended as follows:
6.08.030 Smoke detectors. In Group E, Division 3 and Group R occupancies, smoke
detectors shall be installed on the ceiling of each story in frent of the deer -s to the stair -ways a
in such
locations as determined by the building official. Detectors shall also be installed in lounges and
recreate areas of these occupancies.
Section 10. Section 6.08.050 is amended as follows.-
6.08,050
ollows:
6.08.050 Exits. A minimum of two separate exits (defined as an unobstructed means of
egress to a public way) is required on every floor or story in a day care facility where the number
of occupants exceeds six. The word "occupants" includes attendants as well as the children being
cared for. in basements with an oeetipant lead of seven or niere. aAt least one of the exits must
lead directly to the outside. Ramp requirements as described in Chapte f 33 of the Uniform
Building Code, Table 33A, may be omitted in day care centers which are conditionally permitted
in R-3 occupancies as defined by the Uniform Building Code.
Ordinance - Page 10
dsc chbbck03.221
Section 11. Section 6.08.080 is amended as follows:
6.08.080 Stairways and storage. usable sSpace used for storage under interior exit
stairways of Group R occupancies shall be protected on the side of the usable space with at least
five-eighths inch, Type "x" gypsum board or an approved equivalent.
Section 12. Section 6.08.110 is amended as follows:
6.08.110 Additional standards for non-residential occupancies and residential occupancies
with more than forty-nine occupants. Day care facilities located in zoning or occupancies other
than residential or with an occupancy in excess of forty-nine people may have to meet additional
standards of the Uniform Fire Code and Uniform Building Code. A meeting with the city €ire
chief building official or other certified fire inspector will be necessary to determine any additional
requirements.
Section 1.3. Section 6.04.040 is amended as follows:
6.04.040 Applicability. The regulations set out in this chapter shall apply to all facilities
and persons entering into or engaged in the business of day care within the limits of the city,
specifically including private nurseries, nursery schools, kindergartens or any other private facility
caring for children during either the day or night; provided, however, that nothing in this chapter
shall be construed to apply to:
A. The occasional care of a child or children by neighbors, relatives, or friends not
ordinarily engaged in child care for pay;
MS.
D -B. Private or parochial educational facilities in which children kindergarten age
or older are taught a curriculum approved by the state board of education.
EX. Summer day camps, programs, religious schools and other summer activities
operating less than twelve weeks during a calendar year.
Section 14. Section 6.08.010 is amended as follows:
6.08.010 Fire and building code compliance. In addition to any requirements otherwise
contained in the Chubbuck Code, related fire and building codes; and any other law, regulations
Ordinance - Page 11
dsc chbbck03,221
0
or ordinance applicable by any governmental subdivision, a day care provider shall be required to
comply and have facilities that comply with the requirements of this chapter 6.08 and, Idaho Code
§ 39-1109 and Idaho Code § 39-1110.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City
of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict
with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other
sections and provisions of Chapter 6.04 and 6.08 not herein amended shall remain in full force and
effect.
Section 2. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 11th- day of AUGUST , 1998,
AYOR
ATTEST:
CITY CLERK
Ordinance - Page 12
dsc chbbck03.221
SUMMARY OF ORDINANCE NO. 490
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
amending the Day Care Ordinance; amending definition of day care employee to include unpaid
employees and unpaid employees or unpaid volunteers; clarifying that both a Chubbuck Business
License and a Day Care Provider's License is required to be a day care provider; amending the
general definition of volunteers to include any contact with children rather than just unsupervised
contacts; amending the requirement of staffing to provide for one staff member for each 12
children with a child under 18 months counting as two children for purposes of this ratio;
providing that for staffing purposes the children of a provider or employee are to be counted and
staff provided for such children; providing that each provider and employee must have four hours
of training in each 12 month period and first aid training counts towards this requirement;
providing that each provider or employee must be CPR certified and must watch a "Shaken Baby
Syndrome" tape; providing that outdoor play areas shall abut the physical facility; providing that
day care operations must be on the main floor for children under eight years of age; providing that
day care facilities on an owner occupied premises shall be limited to 12 children with each child
under 18 months counting as two children and further providing that the children of the providing
that the children of the provider or any employee shall be included in the count; providing for
expanded definitions of when criminal history checks are required and for whom; amending the
fee section of the ordinance to provide fees to be set by resolution but further providing that any
fees charged by any other agency shall be passed through to the applicant; providing further that
any provider or employee checked out by the City of Pocatello for day care purposes within one
year may have their background check waived at the discretion of the chief of police; providing
that the location of smoke detectors shall be in such locations as determined by the building
SUMMARY OF ORDINANCE NO. _ - Page 1
dsc chbbck03.231
official; changing the definition of exits; changing the requirements for space under interior exit
stairways; changing the provisions for occupancies for more than 49 occupants; providing for the
repeal of conflicting ordinances; providing that all other provisions of Chapters 6.04 and 6.08 not
amended shall remain in full force and effect; providing for the severability of the provisions of
this ordinance; providing that this ordinance shall be in full force and effect after its passage,
approval and publication as allowed by law.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 51.60 Yellowstone, Chubbuck, ID 83202
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. y y and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this / day of &r, 5 � , 1998.
SUMMARY OF ORDINANCE NO. _ - Page 2
dsc chbbck03.231