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2015-32ORDINANCE NO. 2015-32 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III SECTION 14-134 AND 14-136.1 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, Section 14-134 and 14-136.1 of the Code of the City of Fairfax, Virginia, is hereby amended to read as follows: Section 14-134. Annual permit application, issuance or denial. (b) Upon submission of an application to the City Manager: (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 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 the City Manager otherwise deems appropriate, the City Manager may also 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 three 3 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. Section 14-136.1. Physical facilities, equipment and operation. (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 play areas located within thirty (30 feet of drowning hazards such as, but not limited to, in -ground swimming or wading pools, ponds or fountains not enclosed by safety fences. F.,eilities po,.fflitte prior- to the effeetive date ef this or-dinanee shall eemply fidily with the r-equir-ements 0 this: ubseetion by ittly 1, 2014—. portable wading pools without integral filter systems shall be emptied, rinsed, and filled with clean water after use by each group of children or more frequently as necessary, and shall be emptied, sanitized and stored in a position to keep them clean and dry when not in use during 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. This ordinance shall become effective as provided by law. INTRODUCED: September 9, 2015 PUBLIC HEARING: September 29, 2015 ENACTED: September 29, 2015 Mayor 2AS- Date ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Absent Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye