HomeMy WebLinkAbout0700 Idaho Child to Staff Ratios 2011CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 7e 0
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION
6.04.110 OF THE CHUBBUCK MUNICIPAL CODE TO ADOPT THE STATE OF
IDAHO CHILD TO STAFF RATIOS SET FORTH IN IDAHO CODE SECTION 39-
1110 AS AMENDED EFFECTIVE JULY 1, 2011 SUBJECT HOWEVER TO THE
LIMITATION THE MAXIMUM LIMIT FOR ONE STAFF MEMBER IS 12
CHILDREN OR 12 POINTS UNDER THE STATE RATIO SYSTEM; MODIFYING
SECTION 06.04.120 (F) OF THE CHUBBUCK MUNICIPAL CODE TO
INCORPORATE THE STATE RATIO AND LIMITATION; PROVIDING THE
AMENDMENTS MADE BY THIS ORDINANCE SHALL BE EFFECTIVE JULY 1,
2011;REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT
ALL OTHER SECTIONS OF CHAPTER 6.04 NOT AMENDED SHALL REMAIN IN
EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Section 6.04.110 of the Chubbuck Municipal Code is amended as follows:
6.04.110: STAFF AND TRAINING REQUIREMENTS:
A.
I- —I - — -- v_- -___ r__-_-..,...,, r. ......... ....... ........ W...— _.....,. .......5.. — —5......... k..,1
. The maximum staff to child ratios and maximum
group size limits shall be as set forth in Idaho Code & 39-1109. No one licensed staff member
shall be responsible for or have in the staff member's immediate presence the lesser of more than
twelve (12) children or children totaling more than 12 points under the statutory point system of
Idaho Code $ 39-1109 at one time. There shall, however, always be present and in the presence
of the children not less than one licensed person of at least eighteen (18) years of age. The
daycare provider shall keep and maintain a sign in and sign out sheet of each child utilizing the
provider's services. The person dropping off a child and picking up a child from the daycare
provider shall sign in and sign out each time a child is picked up or dropped off. The daycare
provider or the daycare employees shall not sign for any person dropping off or picking up a
child but shall require the person dropping off or picking up a child to do so. Said sign in -sign
out log 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.
For purposes of this section, the children of a provider or any employee shall be counted and
staffing provided for them for all daycare except an exempt family home daycare.
B. Every licensed daycare provider and every daycare employee is required to attend CPR
and first aid training. Each daycare provider must provide proof to the city of the provider's
attendance, as well as each employee's attendance, at such CPR and 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 twelve (12) hours of
ongoing training, which may include the CPR and first aid training, in each twelve (12) month
period after licensing or the employee's hire date, in compliance with the state laws. Each
provider or employee must also be certified in CPR and first aid within ninety (90) days of
commencing childcare duties, and must provide proof of certification to the chief of police or the
Ordinance -Page 1
c h u b b u c k 0 6 0 7 1 1 day care o rd .w pd
chiefs 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
city and must be viewed at the police department. Each person viewing the tape must sign a
statement indicating they have viewed the tape and understand the dangers of shaking a baby.
Section 2. Section 6.04.120 of the Chubbuck Municipal Code is amended as follows:
6.04.120: PHYSICAL FACILITIES:
A. All places, homes, buildings or locations wherein daycare 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 daycare,
IDAPA 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 daycare services are licensed pursuant to
this chapter shall comply with the health standards adopted from time to time by the Southeastern
district health department pursuant to Idaho Code 39-1110 and 39-1111.
C. All places, homes, buildings or locations wherein daycare services are licensed pursuant to
this chapter shall comply with title 18 of this code.
D. Outdoor play areas shall abut the physical facility and shall be enclosed at any places, homes,
buildings or locations wherein daycare services are licensed pursuant to this chapter.
E. All places, homes, buildings or locations wherein daycare services are licensed pursuant to
this chapter shall have a safe and reliable water supply which complies with the rules of the
Southeastern 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. Daycare facilities located in an owner occupied residence as a home occupation shall be
limited to the lesser of twelve (12) children or children totaling 12 points under the statutory
point system of Idaho Code § 39-1109 , provided each child eighteen (f 8) months and younger
shalf be counted as two (2) . For purposes of this section, the children of the provider or
any employee shall be included and counted.
G. Daycare operations shall not be located above or below the main floor unless in compliance
with the existing requirements of Idaho administrative procedure act (IDAPA) section 18, title
01, chapter 55, paragraph 011.
H. No smoking shall be allowed inside any daycare facility while services are being provided.
I. The following standards shall be observed:
1. Walls, ceilings, floors, and other surfaces throughout the daycare facility shall be
maintained free from visible soil, and in a clean condition;
2. Indoor environmental surfaces associated with children's activities, such as
tabletops, shall be cleaned and disinfected when they are soiled or at least once
weekly;
3. Carpets and floors shall be maintained in good repair;
4. Floors, except those carpeted, shall be vacuumed or swept and mopped with a
Ordinance - Peg 82
c h u b b u c k 0 6 0 7 1 1 day care o rd .w pd
sanitizing solution at least daily and when soiled;
5. Carpeting, rugs, or throw rugs shall be maintained free from visible soil.
Section 3. The changes implemented by this ordinance shall be effective July 1, 2011
notwithstanding the publication date of this ordinance.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 6.04 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
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 dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this ;2? day of 06tw-- , 2011.
even M. England, Ma r
ATTEST:
l /1" Kyr
Richard Morg4h, City Clerk
O rd in a n c e - P a g e 3
c h u b b u c k 0 6 0 7 1 1 day care o rd .w pd
Richard Morgan
From:
Thomas Holmes
Sent:
Wednesday, June 08, 2011 2:57 PM
To:
Richard Morgan
Subject:
Day Care
Rich
The powers that be in the police department are okay with the draft day care frdinance so could you put it on the
agenda for council
Thomas J. Holmes
Attorney -at -Law
Jones, Chartered
203 S. Garfield
P.O. Box 967
Pocatello, Idaho 83204
(208) 232-5911, ext. 103
Fax: (208) 232-5962
Richard Morgan
From: Thomas Holmes
Sent: Tuesday, June 07, 2011 5:30 PM
To: Elizabeth Bruderer
Cc: Randy Severe; Jean Higgins; Richard Morgan
Subject: Re: day care oridinance
Attachments: chubbuck 060711 day care ord.pdf
Elizabeth
Attached is a draft of the update for the Day Care Ordinance. Could you please see it is
reviewed by the appropriate people in the Department. I would like to have Rich Morgan put it on the Council
Agenda for first reading at the June 14th meeting and adoption at the June 28th meeting so we can have it in
place by July 1.
On Wed, Jun 1, 2011 at 4:33 PM, Elizabeth Bruderer <ebruderergcityofchubbuck.us> wrote:
Sounds good. e
I just want to make sure that it states that one staff member can't have more than 12 children or 12 points.
Thanks,
Elizabeth
From: Thomas Holmes
Sent: Wednesday, June 01, 2011 16:07
To: Elizabeth Bruderer
Subject: Re: day care oridinance
I kind of like the Pocatello approach as it doesn't try to restate everything but just bumps it to state law so only
have to read and understand it. Before, when we were stricter than the state, it mattered but if its okay with you
all, I'll jsut do it this way and have it effective July 1.
On Wed, Jun 1, 2011 at 3:45 PM, Elizabeth Bruderer
<ebruderergcityofchubbuck.us<mailto:ebruderergcityofchubbuck.us>> wrote:
The state is once again changing day care laws. So, we are going to have to update our ordinance.
They are now making it so 0 to less than 24 months counts as 2 pts, 2 to under 3 yrs count as 1.5 pts, 3 to under
5 count as 1 pt and 5 and up count as .5 pt. In the past we haven't done the .5 pt, but with the changes we are
going to allow it, however one staff member cannot exceed more than 12 bodies or 12 pts. (so one adult can't
have 24 5 year olds). I'm not sure who we want to word that. Below is a copy of how Pocatello has theirs. I
don't know if we want to do something similar so if they change it again we don't necessarily have to change
everything. Let me know what you want to do. I don't know that there are going to be any more changes that
will affect our ordinance. I think we are still stricter in most areas. I will you know if I find anything different.
These changes are supposed to be effective July 1, 2011.
Maximum staff to child ratios and maximum group size limits will be in accordance with the Idaho department
of health and welfare requirements in effect on July 17, 2010, and as thereafter amended; except that no ratio
shall exceed one staff member per twelve (12) children that are twenty four (24) months and older, or one staff
member per six (6) children younger than twenty four (24) months. (Ord. 2883, 2010)
Thank you,
Elizabeth
Admin. Asst.
Chubbuck Police Dept.
208-238-2376<tel:208-238-2376>
Fax: 208-23 7-0944<tel:208-23 7-0944>
ebruderergcitvofchubbuck.us<mailto: ebruderergcityofchubbuck.us>
Thomas J. Holmes
Attorney -at -Law
Jones, Chartered
203 S. Garfield
P.O. Box 967
Pocatello, Idaho 83204
(208) 232-5911, ext. 103
Fax: (208) 232-5962
Thomas J. Holmes
Attorney -at -Law
Jones, Chartered
203 S. Garfield
P.O. Box 967
Pocatello, Idaho 83204
(208) 232-5911, ext. 103
Fax: (208) 232-5962