2014-13 ORDINANCE NO. 2014-13
AN ORDINANCE AMENDING CHAPTER 14,ARTICLE III OF THE CODE OF THE
CODE OF THE CITY OF FAIRFAX,VIRGINIA, PERTAINING TO HOME CHILD
CARE FACILITY STANDARDS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 14,
Article III of the Code of the City of Fairfax, Virginia, is hereby renamed "MINIMUM
HOME CHILD CARE FACILITY STANDARDS" and amended to read in its entirety as
follows:
Section 14-131. 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: a felony violation of a
protective order as set out in § 16.1-253.2, murder or manslaughter 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) r B , abduction for immoral purposes as set
out in §18.2-48, assaults 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 §18.2-60-59, threats of death or bodily i • _a . - • _ in
§18.2-60, ate-felony stalking violation as set out in §18.2-60.3, a felony violation of a
protective order as set out in § 18.2-60.4. 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 unless ire
five (5) years have elapsed since the conviction : •: -- . .. • . •. . . . Convictions
shall include prior adult convictions and juvenile convictions and adjudications of
delinquency based on a crime an offense that would b_e -: - .-- - • -- •-- - . . • : - a
felony conviction committed by an adult within or outside the Commonwealth.
(2) If the operators 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-
"founded" is used in Chapter 10, Title 63.1 of the Codc of Virginia; and
(3) If the operator moxider makes a false statement regarding a material fact on an
application for a home child care permit under this Article Chapter. This bar shall remain in
effect for a period of one year from the time the permit is denied or revoked on this basis.
City Manager means the manager of the City or the authorized agent or designee of the City
Manager.
Director of Health means the Director of the Fairfax County Health Department or the
authorized agent or designee of the Director of the Fairfax County Health Department.
Fire Marshal means the fire marshal of the City or the authorized agent or designee 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 o ax Code , 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 §63.2-1701 63.11-96 or any facility exempted from licensure by Virginia Code
§63.2-1715 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 Article Ghapter.
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
state licensure pursuant to Virginia Code §§63.1 196.3 or 63.1 196.3:1; (2) is operated for
hour period, one or more children under the age eligible for enrollment in the City of Fairfax
legal custody. A home child care facility, as defined in this Section, shall not be included
within this definition
Provider means the adult responsible for obtaining the permit and for the day-to-day
operation of the home child care facility. The provider is responsible for providing operator
. - - . .. - . - . . .. . -- . . . . are, protection, supervision,
and guidance to children in a home child care facility€er-eempenaation.
Substitute Care Provider means any person who provides care, protection, supervision, and
guidance to children when the provider is away from the home child care facility.
Section 14-132. Administration of article.
The city manager shall administer and enforce the provisions of this Article.
- • • -. _ - - I • I... - ..
Section 14-133. Permit required.
It is shall be unlawful to operate a home child care facility within the City without a valid
permit issued in accordance with applicable law. 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 14 133.1 134.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) the name and address of the home child care facility;
(ii) the name of the applicant;
(iii) a statement of whether the applicant currently holds or previously held a home
child care facility permit in the City;
(iv) the names of all persons who reside in the home;
(v) 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, , 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. When the Central Criminal Records Exchange records indicate that any
such person has a criminal record in another state, or when the Ci v Mana•er
otherwise deems appropriate, the City Maria. u. . r-I 'r- h. he
applicant or such adult who resides in the proposed facility consent to and •a
for a national criminal background check;
(vi) statements from the applicant, , and each adult who resides in the
proposed facility, and statements from a parent, guardian or legal custodian on
behalf of all minors age fourteen (14) 4-4 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" :, - "'- - •_ _ _ - •- " shall have the
meaning defined by Virginia law;
(vii) copies of the applicant's current certifications in die—first aid and
die cardiopulmonary resuscitation (CPR);
(viii) proof of the applicant's compliance with the training requirements established
in this Article 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;
(ix) 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;
(x) the proposed hours of operation;
(xi) a statement of whether the applicant is eighteen or more years old;
(xii) 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), singly individually
or in combination as determined appropriate by the signatory, indicate that the
applicant and all adult household residents providers-are currently free from
communicable tuberculosis. The screen must be performed every two (2)
years or more frequently as recommended by a physician or the Health
Department . - - . . - - . . -- -- . ..is-submitted;
(xiii) a written policy describing what the applicant will do with children in care who
are sick and a written emergency preparedness plan;
(xiv) 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;
(xv) 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 twenty-one
(21) 4-0—business days and must promptly submit updated information and documents of
(b) Upon submission of an application to the City Manager:
(i) The City Manager 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.
(ii) The Fire Marshal 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.
(iii) 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. When the Central Criminal Records exchange records
indicate that any such person has a criminal record in another state, or when
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require that the applicant or such adult who resides in the proposed facility
consent to and pay for a national criminal background check. Otherwise, the
City Manager may request a criminal records search if five (5) 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.
(iv) The City Manager shall request information from child protective services
investigating agencies as deemed necessary to determine whether the
applicant, or any person age fourteen (14) 4-4 and older who
resides in the proposed facility has been the subject of a founded complaint of
abuse or neglect.
(c) 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
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 provider
(d) 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
premier, or any person who resides in the facility has committed any barrier 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,
the national criminal background check,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 144-34 135. 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(6)months. The
City Manager may grant such a temporary permit for a period of not more than six
months if the applicant:
(i) is an adult;
(ii) certifies that all the requirements of this Article will be met within six (C)
months from the date of issuance of the temporary permit or within such lesser
period as may be approved by the City Manager;
(iii) agrees to apply for a regular permit as soon as the facility is able to comply
with the requirements of this Article;
(iv) certifies that neither the applicant, , nor any adult who resides in
the proposed facility has committed any barrier offense; and
(v) 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(6)months.
No home child care facility shall care for more children than specified in each of the
(a) The total number of nonresident children at a home child care facility at any one time
shall net exceed and
(c) The total number of children at a home child care facility at any one time who arc
(d) The total number of children at a home child care facility at any one time, including
Section 14-136,1. 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) The provider shall provide each child with adequate space to allow free movement and
active play indoors and out. . - • - -- -- • •. - •.-- . • -
the children. Indoor and outdoor areas shall provide developmentally 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 (4) 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 (41) 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 (3) hours. Home care
facilities that provide meals or snacks to children in care shall follow the most recent,
. • --. • • • •ri. - n r' ••n.1 • •• -lin- - • • - ni e• • - )- ..Atm-n of
Agriculture, Food and Nutrition Service.
(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) Except for those rooms used • children while slee•ine under covers all rooms used
for child care shall be maintained at a temperature of not less than sixty-eight (68)
degrees Fahrenheit.
-• . .. . ' , ., . - - _ - - . . . . , .. - . .
the ,,tree+ „ akin, lo+
(j) Providers shall not use or allow any other person to use corporal punishment,
•h sical, verbal or emotional punishment, or any humiliating or frightening methods
of discipline.
(k) Firearms of every type and purpose shall be stored unloaded in a locked container,
compartment or cabinet, and apart from ammunition. Ammunition shall be stored in a
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of • .-r. i• i If . i -. • • k th- on ain- •m..im-nt •r . •i - h- k-
shall be inaccessible to children. • •. - •• - - ••
(1) Each home child care facility shall be structurally sound and in a good state of repair.
-- . . • . . . , •• , ., . -- . . . •. - .
(m) - ' • , - - . . - • . _ .. .. . :
(n) Electric panels and equipment shall be in good working order and free of loose
of the proper size and type. Electric panels : •-• • - . - •• . • -•built in fuse or circuit breaker is approved if such power strips arc of the type
approved and listed by a recognized testing authority, such as Underwriter's
appliances, including but not limited to hair dryers, toaster ovens, toasters, mixers,
combustible materials. The use of unvented, fuel fired space heating appliances
firebox and flue liner. Fireplaces and chimneys shall be inspected and cleaned as
(r) Wood stoves shall be tested by a recognized testing authority, such as Underwriter's
and other flammable residues. Providers shall take all precautions necessary to
(t) Heating systems and associated ductwork shall be clean and in good working order.
Fahrenheit,
least once a month. Smoke detectors may be of the fixed wired or battery type.
(v) At least one portable fire extinguisher, having a minimum rating of 1 A:10 B:C shall
located n «the kitchen
unless approved by the Fire Marshal. Storage of other materials shall be neat and
. - , -- - ... , --, .. . . ... . . - - - . . - . . .
(x) A fire drill shall be conducted at least once every month in accordance with
(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.
(2)(n) During rest time the provider shall provide appropriate sleeping equipment The
that meets the current standards of the United States Consumer
Product Safety Commission for full size baby cribs for children from birth through
twelve (12) -1-2 months of age and for children over twelve (12) months of age who are
not developmentally ready to sleep on a cot or bed. If children are in care overnight
on a regular or frequent basis, then the provider shall provide cribs that meet the
current standards of the United States Consumer Products Safety Commission f o r full-
size baby cribs f o r children f r o m birth throw• -1v- 1 u. t h .f • ! . fs
children over twelve (12) months of age who are not developmentally ready to sleep
on a cot or bed. :.-: : - - - _ . . . : - - -
(o) All home child care facilities shall be maintained free from rodents and insect
infestation.
(. Except as otherwise set forth in this Article, whenever the home child care facility has
agreed to administer prescription medications or non-prescription medications, the
medication shall be administered in compliance with the Virginia Drug Control Act by
a provider who has satisfactorily completed the training required by this Article.
(q) Notwithstanding the preceding subsection, a provider may administer non-prescription
topical skin products such as sunscreen, diaper ointment and lotion, oral teething
medicine, and insect repellent, provided that: (1) the provider has obtained written
authorization, at least annually, from a parent or guardian noting any known adverse
reactions, (2) the product is in the original container and, if the product is provided by
the parent, labeled with the child's name, (3) the product is applied in accordance with
the manufacturer's instructions, (4) parents are informed immediately of any adverse
reaction, (5) the product shall not be used beyond the expiration date of the product,
(• sunscreen must have a minimum sunb •rotection factor(SPF) of 15. and (7 the
product does not need to be kept locked,but shall be inaccessible to children.
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of each child who participates in swimming or wading activities and a written
statement from the parent advising of a child's swimming skills before the child is
allowed in water above the child's shoulder height. The provider shall have a system
for accounting for all children in the water. Outdoor swimmin• activities shall occur
only duri ; daylight hours. When one 1 or more children is in water that is more
h. we 2 f-- .-- . in . .••l _ - • • h-r wimmi ' • • •r If h- .r-mi -
of the home child care facility, the provider and another person fifteen 15) ears or
older shall be present at all times and either the provider or the other person must be
currently certified in basic water rescue, communi v water safety. water safet
instruction, or lifeguarding. The certification shall be obtained from a national
organization such as the American Red Cross or the YMCA.
(s) Access to the water in above-ground swimming pools shall be prevented by locking
and securing the ladder in place or storing the ladder in a place inaccessible to
children. A non-climbable barrier at least four(4) feet high such as, but not limited to,
a fence or impenetrable hedge shall surround outdoor pla areas located within thirt
(30 feet of drowning hazards such as, but not limited to. in-around swimmin• or
.e• D•• •• • sr f• I .i• -n 1• -s • - -n - . it - s-rmli-.
prior to the effective date of this ordinance shall comply fully with the requirements of
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h.11 .- -me i-s ri -• .i s 11-s wi h -.A w. - • i-r - . . h !r• . . of
children or more frequent y as necessary, and shall be emptied, sanitized and stored in
a position to keep them clean and dry when not in use durin' the home child care
facility's hours of operation. Portable wading pools shall not be used by children who
are not toilet trained. Bathtubs, buckets, and other containers of liquid accessible to
children shall be emptied immediately after use. Hot tubs, spas and whirlpools shall
not be used by children in care, and shall be covered with safety covers when children
are in care.
Section 14-136 2 Home child care facility fire safety requirements.
(a) Telephone service shall be available, operable and accessible durin• the home child
care facility's hours of operation.
(b) All landline telephones shall be labeled with 911 stickers approved by the Fire
Marshal.
(c) Address numbers or building numbers shall be placed in a position that is plainly
legible and visible from the street or road fronting the property.
(d) Combustible waste material, lint, and dust creating a fire hazard shall not be allowed
to accumulate in or on dryers, heating appliances, and furnaces.
(e) Kitchen ranges, ovens, and exhaust hoods, grease removal devices, fans, ducts, and
other appurtenances shall be free of excessive grease.
(f) All exit stairs, interior or exterior, shall be in good repair and shall be provided with
handrails and guard rails as required by the Virginia Uniform Statewide Building
Code.
(g) All egress pathways and exit doors shall be unlocked in the direction of egress and
free from obstructions that would prevent their use, including debris, storage and
accumulations of snow and ice.
(h) Closet and bathroom doors shall be unlocked in the direction of egress and designed to
permit opening of the locked door from the outside with a readily accessible opening
device.
(i) Electrical hazards identified by the Fire Marshal shall be abated in accordance with the
Virginia Uniform Statewide Building Code.
(j) Extension cords, temporary wiring, and flexible cords shall not be substituted for
permanent wiring. Extension cords and flexible cords shall not be affixed to
structures, extended through walls, ceilings, or floors, or under doors or floor
coverings, or be subject to environmental or physical damage.
(k) A working space of not less than thirty (30) inches in width, thirty-six (36) inches in
depth, and seventy-eight (78) inches in height shall be provided in front of the
electrical service equipment. Where the electrical service equipment is wider than
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No storage of any materials shall be located within the designated working space.
(1) T - - If .• • .1- -n -. -1-fir-• . in._. i.m-nt i .r•hi•it-• -x - 11 in
in. --f._• i! •w-lli • 1-4 - • - V' 'i i. life . t. -wit- B.il•in'
Code. Where allowed, such equipment must be listed and approved by a national!
recognized testing laboratory.
(m) Where portable unvented fuel-fired heating equipment is allowed, the heating
element or the combustion chamber shall be permanently guarded so as to prevent
accidental contact by persons or combustible material.
(n) Fir- .!. - r-- or or 11.11 .- it !•e• • tai i• s. •- i•n-• . . • •
a ainst accidental contact with the combustion chamber contents. The fireplace
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products of combustion.
(o) Wood stoves shall be listed and approved by a nationally recognized testing
laboratory. Wood stoves shall be used and installed in accordance with the
manufacturer's specifications. The provider shall have the manufacturer's
specifications available on site for the Fire Marshal's review u.on request.
(p) Fireplaces, wood stove , and chimne s shall be inspected and cleaned annual! or as
often as necessary to remove the buildup of creosote and other flammable residues.
The provider shall have proof of inspection available on site for the Fire Marshal's
review upon request.
(q) Ashes from fireplaces and wood stoves shall be removed to the outside and stored in a
container, with a tight fi in• lid, which has been listed and approved by a nationall
recognized testing laboratory.
(r) The furnace and other heating appliances shall maintain clearance from i•nition
sources as specified • the equipment manufacturer. unless the provider can establish
cause for an exception.
(s) . .• - • • • is - m. - i.l • . .il•i • h. .- • .-rl _ • h. 1 •-
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cannot occur.
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Adequate combustion air must be provided as re•uired by the Vir•inia Uniform
-w'•- B i .'n. ••- F - f• h- - h. of . .• Its 'xis . • • h-r • -
products of combustion shall be free of leaks and in good re.air.
(u) An operable smoke alarm shall b- .rovided outside of each slee ping area with at least
one such device on each floor. Each smoke alarm shall be tested at least once a month
and records of testing provided to the Fire Marshal upon reauest. Smoke alarms ma
be of the fixed-wired or battery type.
(v) An operable carbon monoxide alarm shall be installed in homes accordin• to the
manufacturer's specifications where appliances ma produce carbon monoxide. Each
carbon monoxide alarm shall be tested at least once a month and records of testing
provided to the Fire Marshal upon request.
(w)P• t.el- r- - 'es i - h.v'. ' . • in'.. ._u r. ' • . 1 A IB .11 •- .r• ._rl
mounted and readily accessible (i) within thirty (30) feet of cooking eauipment and
(ii) in areas where flammable liquids are stored.used. or dis s ensed.
(x) Portable fire extinguishers shall be selected, installed, and maintained in accordance
with the manufacturer's specifications. All fire extinguishers shall be replaced at least
every six (6)years.
(y) • t.- • . .. .1.•l- • • • _ i.l- it it in is- • !leis. in .n•in-r . .
portable tanks shall be in accordance with the Virginia Statewide Fire Prevention
Code and the manufacturer's recommendations. Areas of flammable and combustible••• _i. • • • - .. 1 .- - -. • .r- - I . • • - . .m- .' . .r- ill '
hours of operation. Combustible waste material creatin• a fire hazard shall not be
l• -. . . j • - it 8•8. i. - • .• . - i - of • of
machinery such as lawnmowers and power tools shall be inaccessible to the children
in care.
(z) The provider shall prepare an emergency evacuation elan which shall include the
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it., •• • -m-r• - e - • - . - l .i. -. . re. . w -r- il. - - i 9-41 it-4
procedures for accounting for employees, children and other occupants; and the
preferred and alternate plans to notify emergency response organizations.
(aa) Fire evacuation drills shall be conducted monthly in all home child care
facilities. Records shall be maintained on site and provided to the Fire Marshal upon
request. Each record shall include the identity of the person conducting each drill the
date and time of each drill, the notification/initiating method used the number of
occupants evacuated, special conditions simulated. problems encountered weather
conditions when occupants were evacuated and the time reauired to accom•lish a
complete evacuation.
(bb) ' se -• • -- •'n. •i •r• '• w• _ •f ,i • - w i hl-.d
•ir- • h- • i•- . r-• .ir-• • V' i •v . -w'•- : .il•' • ••-
Section 14 136.1 137.1. Provider Operator Qualifications.
(a) Each provider operator must be an adult.
(b) Each provider 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, ef-recognition and prevention
of the spread of communicable diseases, emergency preparedness, and business
practices of family child care. From January 1, 2014 thro •h December 31. 2014. an
person granted an initial or renewal permit must attend fourteen (14) hours of training
. . •.r•v-• .'n- • 'n• - -41 • - •- • n_••1' . -•. . iniial
or renewal permit at • time on or after January 1. 2015 must attend sixteen (16
hours of traini • • an approved trainer during the term of the •ermit.
-- . -- . • - - .. .., , .. , . .. .. . . - -
o€ o . The City Manager shall maintain a list of entities that are approved
as trainers. Upon request from a provider operator, accompanied by
information about the entity and/or the course, the City Manager may approve
additional trainers or a specific course.
(c) Each provider operator must be currently certified in pediatfie-first aid and tic
cardiopulmonary resuscitation(CPR).
(. In addition to the training required in subsection (b) above, and exce•t as otherwise set
forth, a provider who administers •rescrintion medications or non-orescri•tion
medications to children in care must satisfactorily complete a training program for this
•u •• - •-v-1• •-• • . . • .v-• . t - B•._ • • , • . • • • . r- 6 -r-d
nurse, licensed practical nurse, doctor of medicine or osteo•athic medicine or
pharmacist. Providers required to corn•lete the training program shall be retrained at
three (3) year intervals.
Section 14-137.2. Substitute Care Providers.
(a) When a provider must be away from the home care facili v. a substitute care •rovider
may be used. Substitute care shall not exceed two hundred and fo v (240) hours .er
calendar year. Any substitute care provider must be an adult.
(b) The substitute care provider shall submit to the Ci Manager the disclosure and
statement required of providers pursuant to this Article. along with Da ment of the
applicable fees. A provider shall not use a substitute care •rovider until the City
M..•.• •. •• 'fi-• h- • •v'•- . h- . • i . - - •r•v'•-rh. n• •mm't- .
barrier offense.
(c) The substitute care provider must be currently certified in first aid and
cardiopulmonary resuscitation (CPR . The provider must maintain co•ies of the
certifications.
(d) The substitute care provider must have a tuberculosis screenin• in accordance with
i 4iii - Th- •r• '•-r ••.in • ••- •f - -n'••
All home child care facilities shall be maintained free from insects and rodents.
Section 14-138. Immunizations.
The operator provider 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 provider 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 this Article Section 14 133.1, with the consent of
the owner, provider 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)
of the permit.the home child care facility is found by the City Manager to be in
is-praetieable
(d) If a permit to operate a home child care facility is revoked or suspended by the City
Manager, the operator provider shall notify all clients - - : • -- =:
- - - •. -. Evidence of such notification shall be submitted to the
City Manager.
(e)(d)Any applicant for a home child care facility permit whose application is denied and
any eperater provider 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 ten(10) business days of the time
the operator provider receives notice of the action regarding which the operator
provider seeks a hearing, and must specify the grounds for appeal.
Section 14-140. Revocation of permit for noncompliance.
(a) With the consent of the owner, operator provider, 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 ; • • - c: , - •• - - •- -
home child care facility center for compliance with this Article. Warrants to inspect
any such home child care 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, school or home child care facility center which is found to be in
violation of this Article.
(b) 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 provider : :- : : : -- : : , - - - , :
other facility with at least ten (10) business 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 provider operator of the
:: , - - - , : : -- - • •- as soon as is practicable.
(c) The City Mana•er m•v revoke • v permi granted under this Article if durin• the term
sf - 1' - .m- hi e . - . it • f• d . - • i • . •-r . .- in
Niel, '.n . h- ,- uui . hi 1- .r i . it .m . - -xi w i h 'f - • in• •t
the time of the permit application, would have warranted denial of the application.
Th- • ►.4...A. • -r , . 4 .n .- 91 i • .n -. ._s•-r hi • • - ifs rip• -
term of the permit the City Manager reasonabl suspects a violation of the permit this
Article, or • applicable Virginia laws that may affect the health and safet of the
children who may attend or be present at the facility. Prior to suspending or revoking
• .- 9 i ._.1- in 1- •••m- . . h- i .A.'-r - - ._ - - i•-n h-.1 .n•
safe conditions whi h 'us i immediate suspension of a permit. the City Manager
shall give the operator provider at least ten calendar days written notice of the
proposed suspension or revocation. In the case of exigent health and safe conditions
which in the judgment of the City Manager justify the immediate suspension of the
permit, the City Manager shall sus rend the permit immediately and notify the : :- : :
provider as soon as is practicable.
( (d) Any owner or provider 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 provider 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 (10) business calendar days of the receipt of the
notice of the suspension. In addition, regardless of whether the owner or provider
operator has requested the City Manager for a hearing 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
provider operator of the school, center, or facility at least ten (10) business calendar
days prior to the proposed revocation."
This ordinance shall become effective as provided by law.
Introduced: April 22, 2014
City Council hearing: May 13, 2014
Adopted: May 13, 2014 (--'
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Mayor
S�� !y
Date
ATTEST:
J.:`_.� ✓�I��� I
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye