20021008 2002-17ORDINANCE NO. 2002- 17
AN ORDINANCE AMENDING ARTICLE III, CHAPTER 14, OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING
TO CHILD CARE FACILITIES AND PRIVATE SCHOOLS
BE IT ORDAINED, by the City Council of the City of Fairfax, that Article III,
Chapter 14 of the Code of the City of Fairfax, Virginia, is hereby amended in its entirety to
read as follows:
ARTICLE IlL Minimum Private School and Child Care Facility Standards.
Section 14-131.
Division 1. In General.
Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
Adult means a person 18 years of age or older.
Barrier offense means offenses that bar an applicant from obtaining a home child care facility
permit pursuant to this Article or mandate revocation of an outstanding permit. Barrier
offenses are:
(1) If the operator, a provider, or any person who resides in the home is convicted of
(a) any of the following offenses set out in the Virginia Code: murder as set out in Article 1
({}18.2-30 et seq.) of Chapter 4 of Title 18.2, malicious wounding by mob as set out in
§ 18.2-41, abduction as set out in {} 18.2-47(A), abduction for immoral purposes as set out in
{} 18.2-48, assault and bodily wounding as set out in Article 4 ({} 18.2-51 et seq.) of Chapter 4
of Title 18.2, robbery as set out in {} 18.2-58, carjacking as set out in {} 18.2-58.1, extortion by
threat as set out in {}18.2-60, any felony stalking violation as set out in {}18.2-60.3, sexual
assault as set out in Article 7 ({}18.2-61 et seq.) of Chapter 4 of Title 18.2, arson as set out in
Article 1 ({}18.2-77 et seq.) of Chapter 5 of Title 18.2, burglary as set out in Article 2
({}18.2-89 et seq.) of Chapter 5 of Title 18.2, any felony violation relating to possession or
distribution of drugs as set out in Article 1 ({}18.2-247 et seq.) of Chapter 7 of Title 18.2, drive
by shooting as set out in {}18.2-286.1, use of a machine gun in a crime of violence as set out in
§18.2-289, aggressive use of a machine gun as set out in §18.2-290, use of a sawed-off
shotgun in a crime of violence as set out in {}18.2-300(A), pandering as set out in {}18.2-355,
crimes against nature involving children as set out in {}18.2-361(B), incest as set out in
{}18.2-366, taking indecent liberties with children as set out in {}18.2-370 or {}18.2-370.1,
abuse and neglect of children as set out in {} 18.2-371.1, failure to secure medical attention for
an injured child as set out in {}18.2-314, obscenity offenses as set out in {}18.2-374.1,
possession of child pornography as set out in {}18.2-374.1:1, electronic facilitation of
pornography as set out in {} 18.2-374.3, abuse and neglect of incapacitated adults as set out in
{}18.2-369, employing or permitting a minor to assist in an act constituting an obscenity
offense under Article 5 ({}18.2-372 et seq.) of Chapter 8 of Title 18.2 as set out in {}18.2-379,
delivery of drugs to prisoners as set out in §18.2-474.1, escape from jail as set out in
{}18.2-477, felonies by prisoners as set out in {}53.1-203, or (b) an equivalent offense in
another state; or (c) any other felony in the five years prior to the application date.
Convictions shall include prior adult convictions and juvenile convictions and adjudications
of delinquency based on an offense that would have been at the time of conviction a felony
conviction if committed by an adult within or outside the Commonwealth.
(2) If the operator, a provider, or a person who resides in the home is the subject of a
founded complaint of child abuse or neglect within or outside the Commonwealth, as the term
"founded" is used in Chapter 10, Title 63.1 of the Code of Virginia; and
(3) If the operator makes a false statement regarding a material fact on an application
for a home child care permit under this Chapter. This bar shall remain in effect for a period of
one year from the time the permit is denied or revoked.
City Manager means the manager of the City or the authorized agent of the City Manager.
Director of Health means the Director of the Fairfax County Health Department or the
authorized agent of the Director of the Fairfax County Health Department.
Fire Marshal means the fire marshal of the City or the authorized agent of the Fire Marshal.
Home child care facility means any facility located in a dwelling, as defined in Division 5,
Article II of Chapter 110 of the City of Fairfax Code (the Zoning Ordinance), where a person,
for compensation, regularly provides care, protection, supervision and guidance to one or
more children who do not reside in the facility and who are not attended by a parent, guardian
or legal custodian while they are in that facility, during a part of the day for at least four days
of a calendar week. If, on a regular basis, a person receives compensation for the care,
protection, supervision and guidance of one or more children in a structure other than a
dwelling, as defined in the Zoning Ordinance, that facility shall be deemed to be a child care
center and included within those facilities defined in this Section. A home child care facility
does not include: (i) any family day home licensed by the Commonwealth pursuant to
Virginia Code §63.1-196 or any facility exempted from licensure by Virginia Code §63.1-
196.3; (ii) any dwelling where a person provides care solely for children who reside there; or
(iii) any dwelling where a person provides care solely for relatives of the resident owner or
tenant. However, if on a regular basis, a person receives compensation for the care,
protection, supervision and guidance of one or more children who do not reside in that
dwelling and who are not attended by a parent, guardian or legal custodian while they are in
that dwelling during a part of the day for at least four days of a calendar week, and a home
child care facility is established thereby, then any children who are related to the person who
provides such care and are present in that dwelling and any other children who reside in that
dwelling shall be counted and considered in determining whether the facility complies with
the provisions of this Chapter.
Occasional child care means care provided on an hourly basis, for one or more children
between the ages of six weeks and twelve years of age, for a period not to exceed four hours
within any one day, which is contracted for by a parent, guardian, or legal custodian for the
same child not more than ten days within a calendar month.
Permit means authorization from the City to operate a private school, nursery school, child
care center or home child care facility for the care, guidance, education, training or protection
of children in compliance with this Article.
Private school, nursery school, or child care center means any place, home, facility, or
institution, however designated, or any part thereof, that (1) is eligible for an exemption from
state licensure pursuant to Virginia Code §§63.1-196.3 or 63.1-196.3:1; (2) is operated for
the purposes of providing care, guidance, education or training; and (3) receives on a regular
basis, for any period of more than one hour but less than twenty-four hours in any
twenty-four-hour period, one or more children under the age eligible for enrollment in the
City of Fairfax or Fairfax County Public Schools who are not attended by a parent, guardian
or person with legal custody. A home child care facility, as defined in this Section, shall not
be included within this definition.
Provider means the operator of a home child care facility and any other person who provides
care, protection, supervision, and guidance to children in a home child care facility for
compensation.
Section 14-132. Administration of article.
The city manager or his agent shall administer and enforce the provisions of this
article.
Division 2. Home Child Care Facilities.
Section 14-133.
Permit required.
It is unlawful to operate a home child care facility within the City without a valid permit.
Permits shall be issued by the City Manager on an annual basis. Permits shall be valid for a
period of one year from the date of issuance.
Section 14-133.1. Annual permit application, issuance or denial.
(a)
A person proposing to operate a home child care facility shall submit an application on
a form prepared by the City Manager, which shall include:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
the name and address of the home child care facility;
the name of the applicant;
a statement of whether the applicant currently holds or previously held a home
child care facility permit in the City;
the names of all providers and all persons who reside in the home;
disclosures from the applicant, each provider, and each adult who resides in the
proposed facility stating whether he or she has committed any barrier offense;
consent forms signed by the applicant, each provider, and each adult who
resides in the proposed facility allowing the City Manager to request a search
of the Central Criminal Records Exchange for files on each such person; and
payment of an investigation fee in an amount equal to the fee established by
the Virginia State Police for conducting a records search multiplied by the
number of persons making disclosures and providing consent forms;
statements from the applicant, each provider, and each adult who resides in the
proposed facility, and statements from a parent, guardian or legal custodian on
behalf of all minors age 14 and older who reside in the proposed facility,
consenting to the release of information to the City Manager from child
protective services investigating agencies reflecting whether any such
individual has been the subject of a founded complaint of abuse or neglect; the
terms "child protective services" and "investigating agencies" shall have the
meaning defined by Virginia law;
copies of the applicant's certifications in pediatric first aid and pediatric
cardiopulmonary resuscitation (CPR);
proof of the applicant's compliance with the training requirements established
in Section 14-136.1 which shall consist of records provided by the trainer or, if
none are provided by the trainer, records maintained by the applicant;
a description of the structure in which the home child care facility is proposed
to be operated, including a description of all places and areas to which the
children shall have access;
the proposed hours of operation;
a statement of whether the applicant is eighteen or more years old;
a certificate from a physician, physician's designee, or Health Department
official stating that acceptable screening methods (tuberculin skin test and/or
tuberculosis risk and symptom screen and/or chest X-ray), individually or in
combination as determined appropriate by the signatory, indicate that the
applicant and all providers are currently free from communicable tuberculosis.
The screen must be performed not more than 24 months prior to the date on
which the application is submitted;
a written policy describing what the applicant will do with children in care who
are sick;
(c)
(d)
(xiv)
(xv)
such other information, including, but not limited to, information concerning
applicant's child care training and special skills, as the City Manager may
deem appropriate;
the application fee of $14, which is in addition to any business or occupation
license tax imposed by the City, and any other taxes or fees that may be
required to engage in the business.
During the term of the permit, the operator must report to the City Manager any
change in the information required by subsections (iv), (v), (vi), and (xii) within 10 business
days of learning of the change.
(b) Upon submission of an application to the City Manager:
(i)
(ii)
(iii)
(iv)
The Director of Health shall inspect the proposed facility to determine whether
it is in compliance with this Article and all applicable Virginia laws that may
affect the health and safety of the children who may attend or be present at the
facility.
The Chief of the City of Fairfax Fire and Rescue Department or the agent of
the Chief shall conduct a fire safety inspection of the proposed facility and
advise the City Manager of any noncompliance with this Article or any
applicable Virginia laws that may affect the health and safety of the children
who may attend or be present at the facility.
If the applicant does not hold a permit under this Article at the time of the
application, the City Manager shall request a search of the Central Criminal
Records Exchange to determine whether the applicant, any provider or any
persons who reside in the home have committed any crimes that constitute
barrier offenses. Otherwise, the City Manager may request a criminal records
search if five or more years have passed since the last records search on an
individual, or upon receipt of new information submitted in accordance with
this section, or as the City Manager deems appropriate in extenuating
circumstances.
The City Manager shall request information from child protective services
investigating agencies as deemed necessary to determine whether the
applicant, any provider or any person age 14 and older who resides in the
proposed facility has been the subject of a founded complaint of abuse or
neglect.
The City Manager shall issue a permit to an applicant if the City Manager determines
from the information contained in the permit application, the facility inspections and
the records searches that (i) the applicant is an adult; (ii) neither the applicant, nor any
provider or any person who resides in the facility has committed any barrier offense;
and (iii) both the applicant and the proposed facility are in compliance with this
Article and all applicable Virginia laws that may affect the health and safety of the
children who may attend or be present at the proposed facility. The permit shall be
displayed in the home child care facility by the operator of that facility.
The City Manager shall deny a permit to any applicant if the City Manager determines
from the information contained in the permit application, the facility inspections and
the records searches that (i) the applicant is not an adult; (ii) the applicant, any
provider, or any person who resides in the facility has committed any barber offense;
or (iii) either the applicant or the proposed facility is not in compliance with this
Article and all applicable Virginia laws that may affect the health and safety of the
children who may attend or be present at the proposed facility. If the denial is based
on the results of the searches of the records of the Central Criminal Records Exchange
or the Department of Social Services, the City Manager shall provide the applicant a
copy of the information upon which the denial was based.
Section 14-134.
Temporary permits.
(a)
A person proposing to operate a home child care facility that is not in compliance with
the requirements of this Article may apply to the City Manager for a temporary permit
to operate a home child care facility for a period of not more than six months. The
City Manager may grant such a temporary permit for a period of not more than six
months if the applicant:
(i)
(ii)
(iii)
(iv)
(v)
is an adult;
certifies that all the requirements of this Article will be met within six months
fi.om the date of issuance of the temporary permit or within such lesser period
as may be approved by the City Manager;
agrees to apply for a regular permit as soon as the facility is able to comply
with the requirements of this Article;
certifies that neither the applicant, any provider, nor any adult who resides in
the proposed facility has committed any barrier offense; and
the City Manager has no information that is contrary to the applicant's
certification.
(b)
If the holder of a temporary home child care facility permit is unable to comply with
the requirements of this Article within the period authorized by the temporary permit
period, the holder of the temporary permit may apply to the City Manager for an
extension of the temporary permit for an additional period of not more than six
months. If in the judgment of the City Manager the failure to comply with the
provisions of this Article was the result of circumstances beyond the control of the
holder of the temporary permit then the City Manager may extend the temporary
permit for an additional period of not more than six months.
Section 14-135.
Permitted Numbers of Children.
No home child care facility shall care for more children than specified in each of the
following provisions:
(a)
The total number of nonresident children at a home child care facility at any one time
shall not exceed five; and
(b)
The total number of children at a home child care facility at any one time who are less
than two years of age, including any resident children, shall not exceed four; and
(c)
The total number of children at a home child care facility at any one time who are
under the age at which they are required to be enrolled in a public or private school
pursuant to Virginia Code §22.1-254, including any resident children, shall not exceed
six; and
(d)
The total number of children at a home child care facility at any one time, including
any resident children who are less than ten years of age, shall not exceed eight.
Section 14-136. Physical facilities, equipment and operation.
(a)
Providers shall supervise children in a manner which ensures that the provider is
aware of what the children are doing at all times and can promptly assist or redirect
activities when necessary. In deciding how closely to supervise children, providers
shall consider the ages of the children, individual differences and abilities, layout of
the house and play area, neighborhood circumstances or hazards and risk activities in
which children are engaged.
(b)
All rooms used for child care shall be dry, well-lighted and have adequate ventilation
and shall be smoke free when any child in care is present. Windows that can be
opened shall be screened from April 1 through November 1 of each year.
(c)
An outdoor recreation area shall be provided for use by the children. Indoor and
outdoor areas shall provide appropriate activities, supplies, and materials that are safe
and accessible. All areas shall be free of dangerous and hazardous conditions.
(d)
Covered, washable waste receptacles shall be provided for all waste materials, diapers,
garbage, and refuse. Trash and other waste materials shall be removed as often as
necessary to prevent excessive accumulations and shall be deposited in approved trash
or waste disposal containers.
(e)
Toxic or dangerous materials shall be stored in areas that are inaccessible to children
and separate from food supplies and areas in which food is prepared.
(f)
Dogs and cats, four months old or older, that regularly are present at the facility shall
be immunized for rabies, and records of such immunizations shall be kept available at
the facility for inspection by the City Manager.
(g)
A refrigerator shall be used for perishable food and that refrigerator shall maintain a
constant temperature of forty-one degrees Fahrenheit or less. Food brought into any
home child care facility for consumption by nonresident children shall be clearly
marked for consumption by the children for whom the food is intended. Meals or
snacks shall be offered to the children at least once every three hours.
(h)
Each home child care facility that is not served by a public water supply shall have a
private water supply approved by the Department of Health. Each home child care
facility that is not served by a public sewage disposal system shall have a private
sewage disposal system approved by the Department of Health. Drinking water from
a public water supply, well permitted by the Department of Health, or other source
acceptable to the Department of Health shall be available for all children.
(i)
An operational telephone shall be available and easily accessible within the home
child care facility, and emergency telephone numbers for fire, police and medical
assistance shall be posted near the telephone. Each such facility shall have the
address of the building posted in a manner so as to be visible and distinguishable from
the street or parking lot.
(J)
Providers shall not use corporal punishment or any humiliating or frightening
methods of discipline.
(k)
All firearms and ammunition shall be stored in areas that are inaccessible to children.
Firearms shall be stored unloaded and apart from munition.
(1)
Each home child care facility shall be structurally sound and in a good state of repair.
The operator shall not allow oil, grease, dust, lint, and other combustible materials to
accumulate on cooking surfaces; heating, ventilation, and air conditioning equipment;
clothes dryers; and other mechanical equipment.
(m)
All exit stairs, interior or exterior, shall be in good repair and shall be provided with
handrails and guardrails as required by the Virginia Uniform Statewide Building
Code. No exit door that has a double deadbolt lock shall be locked with the key
removed from the interior side of the exit door during the hours of child care.
(n)
Electric panels and equipment shall be in good working order and free of loose
connections. Protective sheathing on all wiring shall be intact with no frayed ends or
exposed wiring and shall be anchored or supported. Fuses or circuit breakers shall be
of the proper size and type. Electric panels shall be readily accessible and a minimum
clear space measuring three feet out from the panel and 30 inches wide must be
maintained. The use of multi-plug adapters or extension cords to provide permanent
power to electrical equipment is prohibited. However, the use of power strips with a
built-in fuse or circuit breaker is approved if such power strips are of the type
approved and listed by a recognized testing authority, such as Underwriter's
Laboratories or Factory Mutual Research Corporation.
(o)
Kitchen ranges, other cooking equipment and other appliances shall be kept in good
working order and free from grease, dust, lint, and other combustible materials. Small
appliances, including but not limited to hair dryers, toaster ovens, toasters, mixers,
blenders, and food processors, shall remain unplugged except when in use.
(p)
Electric portable space heaters shall be of the type approved and listed by a recognized
testing authority, such as Underwriter's Laboratories or Factory Mutual Research
Corporation. Portable heaters shall be provided with suitable guards to prevent
contact with the heating element and shall be located a minimum of three feet from
combustible materials. The use of unvented, fuel fired space-heating appliances
designed for portable use is prohibited during the hours of child care.
(q)
Fireplaces and chimneys shall be in good condition and free of cracks or voids in the
firebox and flue liner. Fireplaces and chimneys shall be inspected and cleaned as
often as necessary to remove the buildup of creosote and other flammable residues. A
fireplace screen or other protective guard shall be required for all fireplaces.
(r)
Wood stoves shall be tested by a recognized testing authority, such as Underwriter's
Laboratories or Factory Mutual Research Corporation, and shall be installed and
inspected as required by the Virginia Uniform Statewide Building Code. Wood stoves
shall be inspected and cleaned as often as necessary to remove the buildup of creosote
and other flammable residues. Providers shall take all precautions necessary to
minimize potential injury from contact with hot surfaces by any child at the facility.
(s)
Ashes fi.om fireplaces and woods stoves shall be removed to the outside and stored in
a noncombustible container, with a tight fitting lid, that has been approved by the Fire
Marshal.
(t)
Heating systems and associated ductwork shall be clean and in good working order.
Adequate combustion air must be provided as required by the Virginia Uniform
Statewide Building Code. Flues for the exhaust of carbon monoxide and other by-
products of combustion shall be free of leaks and in good repair. All rooms used for
child care shall be maintained at a temperature of not less than sixty-eight degrees
Fahrenheit.
(u)
An operable smoke detector shall be provided on each floor level and shall be tested at
least once a month. Smoke detectors may be of the fixed-wired or battery type.
Should the home child care facility provide sleeping areas, a minimum of one carbon
monoxide detector shall be located near the sleeping area(s) if the facility uses natural
gas and/or oil heat.
(v)
At least one portable fire extinguisher, having a minimum rating of l-A: 10-B:C shall
be provided. The extinguisher shall be properly mounted, readily accessible and be
located near the kitchen.
(w)
The storage of flammable or combustible liquids or gases, hazardous chemicals, and
other highly flammable or toxic materials shall not be permitted inside the facility
unless approved by the Fire Marshal. Storage of other materials shall be neat and
orderly with required clearances provided for furnaces, hot water heaters, portable
heaters, electric panels, fireplaces, and wood stoves. The exterior of the property shall
be kept free from trash or other materials that in the opinion of the Fire Marshal pose a
fire or safety hazard.
(x)
A fire drill shall be conducted at least once every month in accordance with
instructions provided by the Fire Marshal at the annual inspection of the facility. A
written record of each fire drill shall be kept available for inspection by any authorized
code enforcement official.
(y)
Providers shall handle blood, bodily fluids, and other potentially infectious materials
as if known to be infectious for human immunodeficiency virus, hepatitis B virus, and
other blood borne pathogens.
(z)
The operator shall have appropriate sleeping arrangements for all children in their
care. If children are in their care overnight on a regular or frequent basis, then the
operator shall provide cribs that meet the current standards of the United States
Consumer Product Safety Commission for full-size baby cribs for children from birth
through 12 months of age and for children over 12 months of age who are not
developmentally ready to sleep on a cot or bed.
Section 14-136.1. Operator Qualifications.
(a) Each operator must be an adult.
(b)
Each operator must be trained in areas such as physical, intellectual, social, and
emotional child development, behavior management and discipline techniques, health
and safety in the home child care environment, art and music activities for children,
nutrition, child abuse detection and prevention, or recognition and prevention of the
spread of communicable diseases. Any applicant who does not hold a permit under
this Article at the time he or she submits a permit application must attend 12 hours of
training by an approved trainer during the term of the permit. After January 1, 2002,
any applicant who holds a permit under this Article at the time he or she submits an
application for a new permit must attend six hours of training by an approved trainer
within twelve months immediately preceding the date of the application. The City
Manager shall maintain a list of entities that are approved as trainers. Upon request
from an applicant or operator, accompanied by information about the entity and/or the
course, the City Manager may approve additional trainers or a specific course.
(c)
Each operator must be certified in pediatric first aid and pediatric cardiopulmonary
resuscitation (CPR).
Section 14-137.
Insect and rodent control.
All home child care facilities shall be maintained free from insects and rodents.
Section 14-138.
Immunizations.
The operator shall not accept into care any child who has not been immunized, or exempted
from mandatory immunization, in accordance with Virginia Code §32.1-46. The operator
shall maintain for each child a copy of the child's immunization records; or a statement from
the parents certifying that they object on religious grounds but that, to the best of the parent's
knowledge, the child is in good health; or a statement from a physician indicating that
immunization is not currently advisable for specific health reasons and an estimated date
when immunizations can be safely administered.
Section 14-139.
Inspection of facilities.
In addition to the inspections required by Section 14-133.1, with the consent of the owner,
operator or agent in charge of the facility or pursuant to a duly issued inspection warrant, the
City Manager shall have the right at all reasonable times to inspect all areas of any home child
care facility that are accessible to children for compliance with this Article. Warrants to
inspect any such facility shall be based upon a demonstration of probable cause and supported
by affidavit.
Section 14-139.1. Enforcement.
(a)
Any person operating a home child care facility without the permit required by this
Article shall be guilty of a Class 2 misdemeanor as provided in Section 1-11 of this
Code.
(b)
Any person subject to this Article who fails to comply with any other requirement of
this Article or the permit shall be subject to such administrative action as prescribed in
this Section. However, administrative action by the City Manager shall not preclude
any other administrative, civil or criminal proceedings authorized by law as a result of
the same conduct.
(c)
The City Manager may revoke any permit granted under this Article if during the term
of the permit the home child care facility is found by the City Manager to be in
violation of the permit or this Article or if any circumstances exist which, if existing at
the time of the permit application, would have warranted denial of the application.
The City Manager may suspend any permit granted under this Article if during the
term of the permit the City Manager reasonably suspects a violation of the permit, this
Article, or any applicable Virginia laws that may affect the health and safety of the
children who may attend or be present at the facility. Prior to suspending or revoking
any permit, unless in the judgment of the City Manager there are exigent health and
safety conditions which justify immediate suspension of a permit, the City Manager
shall give the operator at least ten calendar days written notice of the proposed
suspension or revocation. In the case of exigent health and safety conditions which in
the judgment of the City Manager justify the immediate suspension of the permit, the
City Manager shall suspend the permit immediately and notify the operator as soon as
is practicable.
(d)
If a permit to
Manager, the
revocation or
Manager.
operate a home child care facility is revoked or suspended by the City
operator shall notify all clients within five (5) business days of the
suspension. Evidence of such notification shall be submitted to the City
(e)
Any applicant for a home child care facility permit whose application is denied and
any operator whose permit is suspended or revoked may submit a written request to
the City Manager for a hearing on the matter. Any request for hearing must be
submitted to the City Manager within 10 calendar days of the time the operator
receives notice of the action regarding which the operator seeks a hearing, and must
specify the grounds for appeal.
Section 14-140.
Inspection of facilities; revocation of permit for noncompliance.
(a)
(b)
With the consent of the owner, operator, or agent in charge of the facility, or pursuant
to a duly issued inspection warrant, the City Manager shall have the right at all
reasonable times to inspect the facilities of any private school, nursery school or child
care center for compliance with this Article. Warrants to inspect any such facility shall
be based upon a demonstration of probable cause and supported by affidavit. The City
Manager may deny or suspend a permit issued under this Article for any violation of
this Article that is an immediate health or safety hazard to the children or staff. The
City Manager may deny a permit application or suspend, revoke, or deny renewal of
any permit issued for any private school, nursery school, or child care center which is
found to be in violation of this Article.
Prior to such denial of a permit application or suspension, revocation, or denial of an
application to renew a permit, unless in the judgment of the City Manager there are
exigent health and safety conditions which justify immediate suspension of a permit,
the City Manager shall provide the owner or operator of the school, center, or other
1
(c)
facility with at least ten calendar days' written notice of the proposed denial of a
permit application or suspension, revocation or denial of renewal of a permit. In the
case of exigent health and safety conditions which in the judgment of the City
Manager justify the immediate suspension of the permit, the City Manager shall
suspend the permit forthwith and notify the owner or operator of the school, center, or
other facility as soon as is practicable.
Any owner or operator who receives such notice of proposed denial of a permit
application or suspension, revocation, or denial of renewal of a permit may submit a
written request to the City Manager for a hearing on the matter. Any owner or operator
whose permit has been suspended on the basis of exigent health and safety conditions
may submit a written request to the City Manager for a hearing to reconsider such
action within ten calendar days of the receipt of the notice of the suspension. In
addition, regardless of whether the owner or operator has requested the City Manager
for a heating to reconsider a suspension based on exigent circumstances, if the City
Manager elects to revoke a suspended permit, the City Manager shall issue a notice of
proposed revocation to the owner or operator of the school, center, or facility at least
ten calendar days prior to the proposed revocation.
BE IT FURTHER ORDAINED that this ordinance shall become effective on adoption
as provided by law.
INTRODUCED: September 24, 2002
PUBLIC HEARING: October 8, 2002
ENACTED: October 8, 2002
! Date
ATTEST:
The motion to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilwoman Winter
Vote
Aye
.Aye
Aye
Aye
Aye
Aye