HomeMy WebLinkAbout0310 Daycare Services 1988CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 310
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, TO PROVIDE FOR
THE EXERCISE OF THE CITY'S LOCAL OPTION AS PROVIDED BY IDAHO
CODE SECTION 39 -1108 WITH RESPECT TO REGULATION AND LICENSING
OF DAY CARE SERVICES; TO PROVIDE FOR LICENSING AND
REGULATION OF DAY CARE SERVICES; TO PROVIDE FOR BACKGROUND
CHECKS WITH RESPECT TO PERSONS EMPLOYED BY OR PROVIDING DAY
CARE SERVICES; TO PROVIDE FOR CERTAIN FIRE CODE STANDARDS
WITH RESPECT TO DAY CARE FACILITIES; TO PROVIDE A SCHEDULE
OF FEES; TO PROVIDE FOR PENALTIES FOR VIOLATION OF SAID
ORDINANCE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING
FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. There shall be added to the Chubbuck Code a
Chapter 6 entitled Day Care Services as follows:
Section 6.04.010. Short Title. This title shall be known
and may be cited as the " Chubbuck Day Care Ordinance ".
Section 6.04.020. Purpose. This title is enacted to
exercise the local option granted to municipalities under Idaho
Code § 39 -1108 whereby a municipality may adopt provisions for the
licensing and regulation of day care services.
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Section 6.04.030. Definitions.
,1-1
For the purposes of this
chapter, the following definitions shall apply:
A. "Day care" means care provided for any part of a
twenty -four hour day for children not the children or stepchildren
of the provider.
B. "Day care employee" means any person hired to assist 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 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, kindgergartens 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;
B. A day care facility providing day care for children of
only one family in addition to the provider's own children or
stepchildren;
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C. Facilities providing temporary care for children whose
parents are on- premises.
D. Private or parochial educational facilities in which
children kindergarten age or older are taught a curriculum
approved by the State Board of Education;
E. Summer day camps, programs, religious schools and other
summer activities operating less than twelve weeks during a
calendar year.
Section 6.04.050. License -- Required.
A. No person shall be a day care provider or day care
employee within the city unless a 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 city clerk with information and authorizations necessary to
provide complete criminal history checks, as set forth
hereinafter. Such information shall include but may not be limitd
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.
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,0.
C. Day care providers 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 6.04.060. License -- Period of Validitv. Licenses
issued under this chapter shall be valid for two years from the
date of issuance. Upon renewal, the provider or employee must
present a completed application accompanied by the license fee, at
least thirty days prior to license expiration.
Section 6.04.070. License -- General Authority and
Requirements. The city council shall be the licensing authority
for day care providers and their employees, and shall grant,
renew, deny or revoke such licenses based upon the standards and
requirements of this chapter. Upon exercise of the council's
discretionary authority, and in the event the decision is to grant
or renew any such license, the city clerk shall issue the license.
Section 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
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i
regular volunteers who have unsupervised contact with the
children, and of day care employees, as set forth hereinafter.
Section 6.04.090. Other Checks.
fire department are authorized to
building official and fire chief,
necessary to ascertain compliance
fire codes, and may contract with
Health Department to conduct a he
the rules of that Department.
The building department and
perform such other checks as the
in their discretion, deem
with applicable building and
the Southeastern Idaho District
alth standard check pursuant to
Such other checks may be periodically reviewed by the
Chubbuck Safety Officer or members of the building department or
fire department to inspect the premises of the day care provider
and, if violations are found, the Southeastern Idaho District
Health Department or the Chubbuck Fire Department may be
immediately notified of such violations.
Section 6.04.100. Disclaimer. The issuance of a day care
provider's license or day care employee's license shall not
constitute a representation to any person that the day care
services provided thereunder are free from risk. The City of
Chubbuck, its officers, agents and employees shall not be liable
for, nor shall a cause of action exist for any loss or damage
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resulting from enforcement of this chapter, or based upon the
failure of any person to meet the standards contained in this
chapter.
Section 6.04.110. Staff. Each day care provider shall
arrange for a sufficient number of competent staff members to
provide adequate and safe supervision of the children. No
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, or any
other such agency, at their request. Said list shall include the
following information:
A. Child's name;
B. Child's age;
C. Parent's or guardian's name and address;
D. Parent's or guardian's work and phone numbers.
Section 6.04.120. Physical Facilities.
A. All places, homes, building 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
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the city and as interpreted by the building official and fire
chief in their discretion. However, said places, homes, building
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 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 Idaho District Health Department pursuant to I.C.
39 -1110 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 abutting or reasonably near any
thoroughfare or other hazards shall be enclosed at any places,
homes, building 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 of
the Southeastern Idaho 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.
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Section 6.04.130. License Application -- Contents.
A. Each applicant for a day care provider's license or
employee's license shall fully complete an application form, under
oath, providing applicant's necessary background information and
shall sign an authorization expressly allowing the city police
department to conduct one or more criminal history checks as set
forth hereinafter. In the case of day care providers, applicants
shall also arrange for each individual twelve years of age or
older living at the location where day care is provided, and each
regular volunteer who has unsupervised contact with the children,
to provide necessary background information and to sign a criminal
history check authorization in conjunction with the provider's
application.
B. Necessary background information shall include
fingerprints, a photograph, a history of all nontraffic criminal
charges and convictions, a list of residences for the past ten
years, and any history of incarceration or mental illness. Such
information shall include actions which brought an applicant under
the purview of the Youth Rehabilitation Act, Chapter 18, Title 16,
Idaho Code, or similar provisions in any other jurisdiction.
Section 6.04.140. License Application - -False Statements. A
false statement, an omission of a material fact on an application,
or where applicable, a failure to arrange for the necessary
background information and authorizations shall be grounds for
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denial of the license. A false statement or omission of any
material fact on any form relevant to an application shall be a
violation of this chapter and may be grounds for revocation of the
license.
Section 6.04.150. License Application -- Criminal Histor
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 such persons who have not continuously
resided in or worked in Bannock County for three years preceding
the date of application, or where information obtained in the
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:
1. National Crime Information Center;
2. Federal Bureau of Investigation;
3. Criminal Identification Bureau, statewide;
4. Employment history;
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5. 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 circumstances indicate. However,
such criminal history checks of persons need not be made in
connection with any license renewal, unless the person has
continuously resided outside of the State of Idaho for any period
since the original criminal history check was completed.
Section 6.04.160. Safety. A day care provider's license may
be denied, revoked or suspended where the buildings, equipment or
grounds at the place, home, building or location wherein the day
care is provided are found by the city council, after an
opportunity for a notice and a hearing, to be unsafe for the care
of children.
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Section 6.04.170. License - -Fee.
A. Applications for a day care provider's license shall be
accompanied by:
$45.00 fee for any fire and building code checks; any
local criminal history checks; and
administrative costs
$35.00 fee for any health checks by Southeastern
Idaho District Health Department
$20.00 per fee for any state and national criminal
check (if history checks of provider, regular volunteers
needed) with unsupervised contact with children, and
residents age twleve or older living at the
location where day care is provided, who have
not continuously resided in or worked in
Bannock County for three years preceding the
date of application
variable any necessary zoning compliance costs
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B. Applications for a day care employee's license shall be
accompanied by:
$15.00 fee for any local criminal history checks; and
administrative costs
$20.00
per
fee for
any state
and national
criminal
check
(if
history
checks if
employee has
not
needed) continuously resided in or worked in Bannock
County for three years preceding the date of
application
C. Fees for license renewals shall be the same as for
initial applications. However, no renewal fee shall be charged
for state and national criminal history checks unless those checks
are made because a person has continuously resided outside of the
State of Idaho for any period since the original criminal history
check was completed.
D. Any day care provider licensed by the State of Idaho at
the time of passage of this ordinance shall still be required to
have a license issued pursuant to this ordinance; 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
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jm 15V -34
issued pursuant to this ordinance to any day care provider that is
licensed by the State of Idaho at the time of this ordinance 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.
Section 6.04.180. Licenses -- Denial, Suspension or Revocation
Pursuant to Criminal History Check of Provider or Employee.
A. A license as either a day care provider or day care
employee may be denied, suspended or revoked if any criminal
history check reveals that the provider or employee has:
1. Been found guilty of or has pled guilty to:
a. any felony or misdemeanor involving moral
turpitude or domestic violence, or
b. any violation of the Uniform Controlled
Substances Act, Chapter 27, Title 37, Idaho Code, or similar
provisions in another jurisdiction, within the past ten years.
Additionally, each applicant shall include a listing of all other
persons, including children over the age of twelve, living in the
home who are currently under investigation or have in the past
been charged with crimes, other than traffic violations, but
including but not limited to drug and alcohol offenses;
2. Been found guilty of, pled guilty to, or admitted
to any offense involving neglect or any physical injury to, or
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J 'aft,
other abuse of, a child, including any
Chapter 66, Title 18, Idaho Code; rape
Title 18, Idaho Code; injuring a child
Section 18 -1501; selling or bartering
Code Section 18 -1511; sexually abusing
defined in Idaho Code Sections 18 -1506
obscene material to minors as provided
18 -1513 to 1515; or similar provisions
sex crime as defined in
as defined in Chapter 61,
as defined in Idaho Code
a child as defined in Idaho
or exploiting a child as
to 1508; disseminating
in Idaho Code Sections
in another jurisdiction;
3. Has been committed pursuant to Chapter 3, Title 66,
Idaho Code, or similar provision in another jurisdiction, unless:
a. Such individual has been released from, and is
no longer under, any form of treatment in relation to such
commitment, and
b. Such individual has been examined at his own
expense by at least two professionals licensed to evaluate the
mental health of individuals, at least one of whom shall be a
psychiatrist, and both professionals certify that the individual
is no longer mentally ill and presents no threat or danger to any
child;
4. Had parental rights affected by a child protection
action under Chapter 20, Title 16, Idaho Code, or child custody
termination action under Chapter 22, Title 16, Idaho Code;
5. Violated any of the terms of this chapter;
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6. Supplied false information, refused to disclose any
information required on the application form, or refused to
authorize the police investigation required by this chapter.
B. For purposes of this chapter, any withheld judgment on
any of the above offenses shall be noted on the report and shall
constitute grounds for denial.
Section 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 unsupervised contact with the
children, reveals any violations of this chapter, or any of the
disqualifications listed in Section 6.04.180.
Section 6.04.200. Licenses -- Denial, Suspension or Revocation
Pursuant to Physical Facility Checks. A license as a day care
provider may be denied, suspended or revoked if the building and
fire code checks, zoning checks or health standards checks reveal
that any of the building, fire, safety, or zoning provisions, made
applicable herein, have not been met.
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Section 6.04.210. Right of Entry for Parent or
Guardian -- Enforcement. The license of any day care provider may
be denied, suspended or revoked if said provider refuses to allow
entry of a parent or guardian having legal custody of the child or
children, at any time during the period of care of the child or
children. Failure to allow entry of such parent or guardian shall
constitute a misdemeanor.
Section 6.04.220. License Revocation or Suspension. The
city council may suspend or revoke any day care license for
violations of any of the terms of this chapter, or for other
cause, after a hearing, upon not less than ten days' written
notice to the licensee, such notice to specify the grounds for the
proposed revocation or suspension.
Section 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,
regulation 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 section
6.08.
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Section 6.08.020. Address Number. Approved numbers or
addresses shall be placed on all new and existing buildings in
such a position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall contrast
with their background.
Section 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 front of the doors to the stairways and
at no greater than 30 -ft. spacing in the corridors of all floors
containing the occupancy. Detectors shall also be installed in
lounges and recreation areas of these occupancies.
Section 6.08.040. Fire Extinguishers.
A. Size and Location: A minimum of a 2A -10BC fire
extinguisher shall be available within 75 feet of any portion of
the facility used as for day care purposes and located where they
will be readily accessible and immediately available in the event
of fire, and preferably located along normal paths of travel,
including exits from an area. They shall be mounted securely at a
height not to exceed 5 feet to the top of the unit. Extinguishers
shall not be obstructed or obscured from view.
B. Fire Extinguisher Inspections: Extinguisher inspections
shall be conducted at least monthly by the day care provider or a
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1-,
day care employee designated by the day care provider and shall
consist of a check of the following items:
1. Properly mounted in designated place;
2. No obstruction to access or visibility;
3. Operating instruction on nameplate legible and
facing outward;
4. Seals and tamper indicators not broken or missing;
5. Determine fullness by weighing or "hefting ";
6. Examine for obvious physical damage, corrosion,
leakage, or clogged nozzle;
7. Pressure gauge reading or indicator in the operable
range or position.
Records of such inspections noting the conditions found that
require corrective actions, date of the inspection and initials of
the person performing the inspection are to kept on the premises.
Section 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 occupant load of seven or more, at least one of the exits
must lead directly to the outside. Ramp requirements as described
in Chapter 33 of the Uniform Building Code, Table 33A, may be
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omitted in day care centers which are conditionally permitted in
R -3 occupancies as defined by the Uniform Building Code.
Section 6.08.060. Fire Drills.
A. Fire drills shall be held at least once a month in day
care facilities. During severe weather, fire drills may be
postponed. A record of all fire drills shall be kept and persons
in charge of such occupancies shall file written reports at least
quarterly with the Chubbuck Fire Chief or the Chief's designee
giving the time and date of each drill held.
B. Fire drills shall include complete evacuation of all
persons from the building.
Section 6.08.070. Monthly Self - Inspection. Fire prevention
inspections shall be conducted monthly by a trained senior member
of the staff. A copy of the latest inspection form shall be
posted in a conspicuous place in the day care facility.
Section 6.08.080. Stairways and Storage. Usable space under
interior exit stairways of Group R occupancies shall be protected
on the side of the usable space with at least 5/8 ", Type "x"
gypsum board or an approved equivalent.
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Section 6.08.090. Bedrooms. Bedrooms in facilities
operating in which children cared for will be sleeping must be
provided with at least one emergency egress window having at least
a minimum single net clear opening of 5.7 square feet, minimum
height of 24 inches, a minimum width of 20 inches, and a maximum
finished sill height not over 44 inches.
Section 6.08.100. Inspection Limits Policy for R Occupancies
Housed
in Dwellings.
In Group R,
Division
2 occupancies which are
housed
in dwellings
in which the
operator
resides, the following
areas will be inspected by the Fire Department Inspector:
A. All areas used at any time for the care of children;
B. All areas on the same floor level used for the care of
children;
C. All attached structures of different occupancies;
D. All solid fuel appliances.
Section 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 Fire Chief or other certified fire inspector will be
necessary to determine any additional requirements.
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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.
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 13th day of SEPTEMBER r
1988.
MFOR u
ATTEST:
14ni _ &atx�
CITY CLERK
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SUMMARY OF ORDINANCE NO. 310
AN ORDINANCE OF THE CITY OF CHUBBUCK,
A MUNICIPAL CORPORATION OF IDAHO, ENACTING CHAPTER 6 'DAY CARE';
providing for state and national criminal history checks in
connection with day care providers' and employees' licenses,
where providers, employees, regular volunteers with unsupervised
contact with childern, and persons age twelve or older living at
the location where day care is provided have not continuously
resided in or worked in Bannock County for three years preceding
the date of application; providing for licensing every two years;
providing for health checks by Southeast Idaho District Health
Department and compliance with health regulations promulgated by
that department; providing for inspection by the City building
inspector and fire chief; providing for a child staff ratio of
twelve to one; providing that state fire safety standards for day
care shall apply if any of those standards are more stringent
than the standards adopted by the City; providing for additional
fees for health checks and, if needed, for state and national
criminal history checks; providing clearly for suspension and
revocation of licenses for violations of Chapter 6 or for
evidence of the disqualifications in Section 6.04.180 for any
provider, employee, regular volunteer with unsupervised contact
with children, and persons age twelve or older living at the
location where day care is provided; providing for suspension and
revocation of day care providers' licenses if building and fire
code checks, zoning checks or health checks reveal hat building,
fire, safety or zoning provisions have not been met, or if
parents or guardians are denied access to children; providing the
fees for a Chubbuck license issued to a party currently holding a
state license shall be waived and the term of the initial
Chubbuck license shall expire at the same time as the state
license; providing that all other sections and subsections of
Chapter 6 not herein repealed or amended shall remain in full
force and effect; providing that this ordinance shall be in full
force and effect from and after its passage, approval and
publication according to law, the rule requiring an ordinance to
be read on three separate occasions having been dispensed with.
The full text of this ordinance is available at the City
Clerk's Office, Chubbuck City Offices, 5160 Yellowstone,
Chubbuck, Idaho
I have reviewed the foregoing summary and believe that it
provides a true and complete summary of Ordinance No. 310 and
that the summary provides adequate notice to the public of the
contents of this ordinance.
DATED this �5fp day of September, 1988.
/s/ Thomas J. Holmes
City Attorney
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