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0586 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. Ordinance - Page 1 chubbuck03.02a 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 Ordinance - Page 2 chubbuck03.02a 9 • 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: LM- /; W I Ron Conlin, CITY CLERK Ordinance - Page 3 chubbuck03.02a 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 chubbuckO4.14a