HomeMy WebLinkAbout0586 Exempt Family Home Day Care 2004CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 5 8 6
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHUBBUCK MUNICIPAL CODE SECTION 6.04.030 TO DEFINE AN EXEMPT AND
NONEXEMPT FAMILY HOME DAYCARE, TO DEFINE COMPENSATION; AMENDING
6.04.040 TO PROVIDE AN EXEMPT FAMILY HOME DAYCARE IS NOT REQUIRED TO
HAVE A LICENSE WAIVING THE CITY'S FEE FOR NON-EXEMPT FAMILY HOME
DAYCARE; AMENDING 6.04.110 (A) TO CLARIFY WHEN CHILDREN OF THE
PROVIDER OR AN EMPLOYEE ARE NOT COUNTED FOR STAFFING PURPOSES;
AMENDING 6.08.010 TO EXCLUDE THE NECESSITY OF CODE COMPLIANCE FOR AN
EXEMPT FAMILY HOME DAYCARE AND TO REQUIRE INSPECTIONS BUT NOT CODE
COMPLIANCE FOR A NONEXEMPT FAMILY HOME DAYCARE; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND
PROVISIONS OF CHAPTERS 6.04 AND 6.08 NOT HEREIN AMENDED SHALL REMAIN
IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Ordinance 564 enacted by the City of Chubbuck reduced the number
of children triggering the definition of a daycare provider from five to one. The reduction plus
the definition that a daycare provider is one providing daycare for one or more children "in return
for compensation" has raised some question as to when the daycare ordinance applies if a family
member, such as a grandparent, is simply taking care of their grandchildren for no compensation
other than perhaps reimbursement for food, diapers and other incidentals. The City recognizes
the State of Idaho Department of Health & Welfare through the Idaho Child Care Program
("ICCP") does provide compensation for qualifying individuals. The City further recognizes that
a blanket exemption of a class of people, such as relatives or even grandparents, from the daycare
provider ordinances is not appropriate because there have been instances of problems in the past
with such relatives and grandparents. The City adopts the following amendment to the daycare
ordinance to strike a balance between those instances where compensation is being provided
through ICCP and where daycare is being provided by a close relative.
Section 2. Amendments. Sections 6.04.030, 6.04.040, 6.04.110 (A) and 6.08.010 are
amended as follows:
6.04.030 Definitions: For the purposes of this Chapter, the following definitions shall
apply:
A. 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.
B. 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.
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C. Daycare Provider: A person using a place, home, building or location to provide
daycare for one (1) or more children, not the children or stepchildren of the provider, in return
for compensation.
Occupation permit under Title 18.
F. Nonexempt Family Home Daycare: Any home where nonmedical care, protection,
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, kindergartens 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. Private or parochial educational facilities in which children kindergarten age or older
are taught a curriculum approved by the state board of education.
C. Summer day camps, programs, religious schools and other summer activities
operating less than twelve weeks during a calendar year.
D. Exempt Family Home Daycare.
6.04.110 Staff. A. Each day care provider must provide at least one licensed staff
member for each twelve (12) children on the premises; provided however, each child under the
age of eighteen (18) months shall be considered as two (2) children for purposes of determining
the maximum number of children allowed per staff member. 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, the Southeastern District Health
Department or any other such agency, at their request. For purposes of this section, the children
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of a provider or any employee shall be counted and staffing provided for them for all daycares
except an Exempt Family Home Daycare.
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, regulations
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 chapter 6.08 and, Idaho
Code § 39-1109 and Idaho Code § 39-1110, PROVIDED HOWEVER an Exempt Family Home
code requirements of this chapter.
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.
All other sections and provisions of Chapters 6.04 and 6.08 not herein amended shall remain in
full force and effect.
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 a a p r i 1 , 2004.
1
o o O.0
0. CotaAt, MAYOR
ATTEST:
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Ron Conlin, CITY CLERK
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SUMMARY OF ORDINANCE NO. 586
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
amending Chubbuck Municipal Code section 6.04.030 to define an Exempt and Nonexempt
Family Home Daycare, to define compensation; amending 6.04.040 to provide an Exempt
Family Home Daycare is not required to have a license; waiving the City's fee for Non-exempt
Family Home Daycare; amending 6.04.110 (a) to clarify when children of the provider or an
employee are not counted for staffing purposes; amending 6.08.010 to exclude the necessity of
code compliance for an Exempt Family Home Daycare and to require inspections but not code
compliance for a Nonexempt Family Home Daycare; providing for the repeal of conflicting
ordinances; providing that all other provisions of Chapters 6.04 and 6.08 not amended shall
remain in full force and effect; providing for the severability of the provisions of this ordinance;
waiving the rule requiring an ordinance to be read on three separate occasions, one of which
must be a reading in full; providing that this ordinance shall be in full force and effect after its
passage, approval and publication as allowed by law.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 586 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this day of April, 2004. -- -- --,_
Thomas J. Hol es, City Attorney
SUMMARY OF ORDINANCE NO. 586 - Page 1
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