Loading...
0715 Nonexempt Family Home Daycare 2012CITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO AMENDING SECTION 6.04.030 TO ELIMINATE THE CITY LICENSE FEE WAIVER FOR A NONEXEMPT FAMILY HOME DAYCARE; AMENDING SECTION 6.04.120 TO REQUIRE PROOF OF CURRENT FIRE AND LIABILITY INSURANCE COVERAGE FOR THE DAYCARE FACILITY; 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 Il' ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Section 6.04.030. Section 6.04.030 is amended as follows: 6.04.030 DEFINITIONS: For the purposes of this chapter, the following definitions shall apply: COMPENSATION: Goods, services or money received in exchange for providing daycare services. Compensation shall include any funds provided for childcare by any government agency or contractor acting on behalf of a government agency. DAYCARE: Any home or place, other than one meeting the definition of a "family home daycare", where nonmedical care, protection, and supervision is regularly provided to children under twelve (12) years of age, for periods less than twenty four (24) hours per day, while the parents and guardians are not on the premises. DAYCARE EMPLOYEE: Any person hired to assist a daycare provider with the care of children or an unpaid employee or an unpaid volunteer that assists a daycare provider with the care of children. DAYCARE PROVIDER: A person using a place. home, building or location to providc daycare for one or more children, not the children or stepchildren of the provider, in return for compensation. EXEMPT FAMILY HOME DAYCARE: Any home where nonmedical care, protection, and supervision is regularly provided to less than five (5) children under twelve (12) years of age, for periods less than twenty four (24) hours per day, while the parents and guardians are not on the premises, and which children are related to the provider as grandchildren, siblings, nieces or nephews or grandnieces or grandnephews and no compensation is provided by ICCP or some such similar governmental agency. Any provider in an exempt family home daycare shall not be required to be licensed and the facility shall not need either a business license or a home occupation permit under title 18 of this code. NONEXEMPT FAMILY HOME DAYCARE: Any home where nonmedical care, protection, and supervision is regularly provided to less than five (5) children under twelve (12) years of age, for periods less than twenty four (24) hours per day, while the parents and guardians are not on the premises, and which children are related to the provider as grandchildren, siblings, nieces or nephews or grandnieces or grandnephews and compensation is provided by ICCP or some such Ordinance - Page 1 chubbuck101612.amend 6.04(daycare).wpd similar governmental agency. A provider in a nonexempt family home daycare shall be licensed by the facility shall not need either a business license or a home occupation permit under title 18 of this code. 24my city license fee shall be waived for a nonexenipt family home dayeare, but f�e shalf be collected for thild party services such as fingetprint rev,ie-m and background checks. Section 2. Amended Section 6.04.120. Section 6.04.120 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 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 twelve (12) points under the statutory point system of Idaho Code section 39-1109. 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 regiiire rents of Irl ho ad_.�inistr five pros ;duce act 'EDA1'A) 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 sanitizing solution at least daily and when soiled; Ordinance - Page 2 chubbuck101612.amend 6.04(daycare).wpd 5. Carpeting, rugs, or throw rugs shall be maintained free from visible soil. (Ord. 700, 2011) J The facility must have current fire and liability insurance coverage and such shall be provided at the time of the initial licensing and proof thereof as from time to time requested by the City or any user of the facility. 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 day of b oy'6AX V , 2012. 6�11 �1114� ' even . England,14yor ATTEST: Richard Morgan, City Cl r Ordinance - Page 3 chubbuck101612.annend 6.04(daycare).wpd