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0310 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. Ordinance - Page 1 jm 15V -34 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; Ordinance - Page 2 jm 15V -34 .0-1 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. Ordinance - Page 3 jm 15V -34 ,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 Ordinance - Page 4 jm 15V -34 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 Ordinance - Page 5 jm 15V -34 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 Ordinance - Page 6 jm 15V -34 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. Ordinance - Page 7 jm 15V -34 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 Ordinance - Page 8 jm 15V -34 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; Ordinance - Page 9 jm 15V -34 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. Ordinance - Page 10 jm 15V -34 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 Ordinance - Page 11 jm 15V -34 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 ordinance - Page 12 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 Ordinance - Page 13 jm 15V -34 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; Ordinance - Page 14 jm 15V -34 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. Ordinance - Page 15 jm 15V -34 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. Ordinance - Page 16 jm 15V -34 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 Ordinance - Page 17 jm 15v -34 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 Ordinance - Page 18 jm 15V -34 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. Ordinance - Page 19 jm 15V -34 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. Ordinance - Page 20 jm 15V -34 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 Ordinance - Page 21 jm 15V -34 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 Ordinance - Page 1 dsc ch:daycareo.310