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0700 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