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0633 Day Care Licenses 2007CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 633 • AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING A NEW SECTION 06.04.070 AND AMENDING SECTION 6.04.190 TO PROVIDE THAT ALL DAY CARE LICENSES SHALL BE ISSUED BY THE CITY CLERK UPON APPROVAL BY THE POLICE, FIRE AND BUILDING DEPARTMENTS WITH APPEAL FOR ANY DENIAL TO BE TO THE CITY COUNCIL; AMENDING SECTION 6.04.120 (G) TO MAKE IT CONSISTENT WITH THE EXITING REQUIREMENTS OF THE IDAHO ADMINISTRATIVE CODE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 6.04 NOT HEREIN AMENDED SHAt% RL"1V 111 E]N'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. Section 6.04.070 is revoked and the following is adopted: 6.04.070,LiQM,V=Q erai,Authority And Requirements: Upon approval of an application for a;daysji f", of�any type�by the fire, police and building departments, the city clerk shall issue thc lice �The"citycouncil shall hear all;appeals of any denials; suspensions or revocations of licenses. f ,4ay care providers and their employees and shall grant, deny or revoke such licenses` based upon i requirements of this chapter and the following chapter 6.08. Any license issued shall have the number of children allowed in the facility noted upon the license. Sectign 2. Section 6.04.120 is amended as follows: 6.04.120 Physical Faeilitaes: A. All places, homes, buildings or locations wherein dayeare services are licensed purse tow i. a tArAall zonfbrm_Wfheuniform 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, II ` , A 18G.55, if any of those standards are more stringent than those adopted from time to time by the city. B. All places, how, 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:AIl pieces, liars, buildups or locations wherein daycare services are licensed pursuant to this chapter shall comply with,title 18 of this code. D. butdoQr, toy'eas shall abut` the .physical facility and shall be enclosed at any places,, homes; buildings Or,loca ons<wherem 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 Ordinance - Page 1 chubbuck102506daycareurd.wpd 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 twelve (12) children; provided each child eighteen (18) months and younger shall be counted as two (2) children. 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 fbr childrei H. No smoking shall be allowed inside any daycare facility while services are being provided. I. wThe following standards shall be observed: 1. Walls, ceilings, floors, and other surfaces throughout the daycare facility shall be maintained f ve 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; 5. Carpeting, rugs, or throw rugs shall be maintained free from visible soil. Section 3. Section 6.04.190 is amended as follows: Check Of Volunteers OrftiOM: Upon consideration of an application the city catmc-il may deny, suspend or revoke a daycare provider's license if the criminal history check of any individual age twelve (12) or older living at the location where daycare is provided, or the criminal history check of it volunteer who has contact with the children, reveals any violations of this chapter listed in section 6.04.180 of this chapter. Any denial. suspension or revocationInav, app ed to the city council at its next regular council meeting The chief of police or the cluief s designee may suspend a daycare provider's license without prior notice, for a period not exceeding bygW (20) ten -(l days; provided, any suspended licensee shall be entitled to have the suspension reviewed by the city council at its next regular council meeting, or, if said meetiaatg is beyond the`twenV (20) ten -o$) -day period, at a special meeting called to review such suspension. ADMID 4ISTRATIVE PROVISIONS Section 1. Rgpeal gfConflicting 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 Chapter 6.04 not herein amended shall remain in full force and effect. Ordinance - Pape 2 chubbuck102506daycareord.wpd Section 2. Severanility. 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. EffWive 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 13thday of FEBRLAR-Y , 2007. /Steven M. England, Mafir ATTEST: Ron Conlin, City Clerk Ordinance - Page 3 chubbuckl02506daycareord.vwpd