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0490 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