19900613 1990-13ORDINANCE NO. ~g90-13
AN ORDINANCE ENACTING A NEW CHAPTER 11.01,
ARTICLES 1, 2, AND 3, SECTIONS 11.01-1 THROUGH
11.01-10 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA CONCERNING REGULATION OF CERTAIN
HOME CHILD CARE FACILITIES:
BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia that Chapter 11.01, Articles 1, 2 and 3, Sections
11.01-1 through 11.01-10 of the Code of the City of Fairfax are
hereby enacted in their entirety as follows:
Chapter 11.01
ARTICLE 1.
In General.
Section 11.01-1. Definitions.
For the purposes of this Chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this Section:
(a) City Manager shall mean the Manager of the City of
Fairfax or the authorized agent of the City Manager.
(b) Director of Health shall mean the Director of the
rfax County Health Department or the authorized agent of the
Director of the Fairfax County Health Department.
(c) Permit shall mean authorization from the City to
operate a home child care facility for the care, guidance,
education, training and/or protection of children in compliance
with this Chapter.
(d) Home child care facility shall mean any facility
located in a dwelling, as defined in Chapter 28-4 of the Code of
the City of Fairfax, Virginia (the Zoning Ordinance), where during
a part of the day for at least four days of a calendar week a
person receives compensation for the regular care, protection or
supervision of one or more children who are not related by blood
or marriage and do not reside in that dwelling or home and who are
not attended by a parent, guardian or person with legal custody
while they are in that dwelling or home.
A home child care facility shall not include any family
day-care home licensed by the Commonwealth pursuant to Section
63.1-196 of the Code of Virginia nor shall a home child care
facility include any dwelling where a person provides care solely
for children who reside in that home nor shall a home child-care
facility include any dwelling where a person provides care solely
for relatives of the owner or tenant of the dwelling. However, if
for during a part of the day for at least four days of a calendar
week a person receives compensation for the regular care,
protection and supervision of one or more children who are not
related by blood or marriage and do not reside in the dwelling and
who are not attended by a parent, guardian or person with legal
custody while they are in that dwelling, 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 or home and any other children who reside in that dwelling
or home shall be counted and considered in determining whether the
facility compliee with the provision of this subsection.
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Section 1!.01-2, AdministratiQn and enforcement of Chapter.
The City Manager or his agent shall administer and
enforce the provision of this Chapter. Any violation of the
provisions of this Chapter shall be punished in accordance with the
general penalty provisions of Section 1-6 of the Code of Virginia.
ARTICLE 2.
Home Child Care Facilities.
Section 11.01-3. Annual permi~ to operate,
(a) After July 1, 1990, no dwelling shall be used in
whole or in part as a home child care facility, as defined by
Section 11.01-1 within the City until an annual permit has been
granted for such use by the City Manager, and after that date no
dwelling shall be used in whole or in part as a home child care
facility after such permit has expired or has been revoked or
suspended. Permits may be renewed using the same procedure
provided for the issuance of a permit.
(b) Before a permit for a home child care facility may
be issued, the owner or operator of the proposed facility shall
submit an application to the City Manager which includes (i) the
name and address of the home child care facility, (ii) the name of
the owner of the facility, (iii) the name of the operator, (iv) a
description of the structure, including a description of all places
and areas to which the children shall have access, (v) the proposed
hours of operation, (vi) the maximum number of children to be cared
for at any one time, (vii) receipt of a criminal records check by
the state police on the owner, operator and all adults who will
care for the children or who reside in the proposed facility,
(viii) a statement of whether the owner, operator, all other
persons who will be caring for children and all adult persons who
reside in the proposed facility have ever been convicted of any
murder, abduction, sexual assault, failing to secure medical
attention for an injured child, pandering, crimes against nature
involving children, taking indecent liberties with children,
neglect of children, obscenity involving children or any offense
listed in Section 11.01-3 (f), (ix) a statement from the owner,
operator, all other persons who will be caring for children and all
adult persons who reside in the proposed facility which consents
to the release of information to the City Manager from child
protective services investigating agencies as to whether such
agency records indicate that any such individual has been the
subject of a report of child abuse or neglect which did not result
in a determination that the complaint was unfounded and the
findings of any such investigations and reports, (x) a statement
of whether the operator is an adult, as defined by Section 1-13.42
of the Code of Virginia, and (xi) such other information as the
City Manager may require. As used in this article, the terms
"child protective services", "investigating agencies", and
"unfounded" shall have the meaning defined by state law.
In addition to the information required above, the
applicant may submit such other information, including, but not
limited to, information concerning child care training and special
skills, as the City Manager may deem appropriate.
(c) Before a permit for a home child care facility may
be issued by the City Manager, the Director of Health or the agent
of the Director of Health shall conduct an inspection of the
facilities of each permit applicant and advise the City Manager of
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any violations of City ordinances, City regulations or state law
which may affect the health and safety of the children who may
attend or be present at the facility.
(d) Before a permit for a home child care facility may
be issued by the City Manager, 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 facilities of each perait applicant
and advise the City Manager of any violations of City ordinances,
City regulations or state law which may affect the health and
safety of the children who may attend or be present at the
facility.
(e) The City Manager shall not issue any ~ermit to any
person for a home child care facility where the applicant is not
an adult, as defined by Section 1-13.42 of the Code of Virginia.
(f) The City Manager shall not issue any permit to any
person for a home child care facility if the owner, operator, or
any other persons who will be caring for children or any adult
person who resides in the proposed facility (i) has been convicted
of a felony for the illegal sale, distribution or possession of a
controlled substance, as defined by Virginia law, by similar
federal law or by similar law of another state, (ii) is the aubject
of a child protective service report made pursuant to Section 63.1-
248.6 of the Code of Virginia, that a complaint of child abuse or
neglect is founded, as the term "founded" is defined by state law,
or (iii) has been convicted of murder, abduction for immoral
purposes as set out in Section 18.2-48 of the Code of Virginia,
sexual assault as set out in Article 7 of Chapter 4 of Title 18.2,
of the Code of Virginia, failing to secure medical attention for
an injured child, pandering as set out in Section 18.2-355 of the
Code of Virginia, crimes against nature involving children as set
out in Section 18.2-361 of the Code of Virginia, taking indecent
liberties with children as set out in Sections 18.2-370 or
18.2-370.1 of the Code of Virginia, neglect of children as set out
in Section 18.2-371.1 of the Code of Virginia, or obscenity
offenses as set out in Sections 18.2-374.1 or 18.2-379 of the Code
of Virginia, or any similar offense under federal law or the law
of another state.
(g) The City Manager shall not issue any permit or renew
any permit previously issued to any home child care facility which
is in violation of applicable City ordinances, City regulations or
state law which may affect the health and safety of the children
who may attend or may be present at such home care facility.
(h) If an applicant for a home child care facility
permit meets the requirements of this Section and Sections
11.01-3 through 11.01-9, and if the proposed home child care
facility meets facility requirements of the Section and Sections
11.01-3 through 11.01-9, the City Manager shall issue an annual
permit to that applicant for the operation of a home child care
facility. Such permit shall be displayed in each home child care
facility by the owner or operator of that facility.
11.01-4. Temporary permits,
Notwithstanding the provisions of Section 11.01-3 (a),
the owner or operator of any home child care facility which 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 (i) the applicant is an adult, as defined by
Section 1-13.42 of the Code of Virginia, (ii) the applicant
certifies that all the requirements of this Article will be met
within six months from the date of issuance of the temporary
permit, (iii) the applicant agrees to apply for a regular permit
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1990-13
as soon as the facility is able to comply with the requirements of
this Article, (iv) the applicant certifies that neither the owner,
the operator, any other persons who will be caring for children nor
any adult persons who reside in the proposed facility has been
convicted of any of the offenses listed in Section 11.01-3 (f), (v)
the applicant certifies that neither the owner, operator, all other
persons who will be caring for children nor any adult persons who
reside in the proposed facility have been the subject of a founded
complaint for child abuse or neglect to a child protective services
agency, and (vi) the City Nanager has no information which is
contrary to the applicant's certification.
If the holder of a temporary home child care facility
permit is unable to comply with the requirements of this Section
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 Nanager
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.
Sec%ion 11.01-5. 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 children at a home child care
facility at any one time, including any children of the owner or
operator who are less than ten years of age, shall not exceed
eight.
(b) 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
Section 22.1-254 of the Code of Virginia, including any children
of the owner or operator, shall not exceed six.
(c) 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 children of the owner or operator, shall not
exceed four.
(d) The total number of children at a home child care
facility at any one time who are receiving care, protection or
supervision from the owner or operator for compensation shall not
exceed five. However, if a child care facility is located in a
single family detached dwelling, as defined in the Zoning
Ordinance, the total number of children who are receiving care,
protection or supervision from the owner or operator for
compensation shall not exceed seven, provided that when more than
five children are receiving such care, protection or supervision
at least the number of children who exceed five must be in
attendance at either a public or private school pursuant to Section
22.1-254 of the Code of Virginia, a kindergarten program offered
pursuant to Section 22.1-199 of the Code of Virginia, or a
comparable kindergarten program where those children are not
present in the facility for at least three hours of the day during
a usual
school day.
(e) Notwithstanding the preceding subsections of this
section, if a per8on, who is not subject to state licensure but who
wishes to care for five preschool children and more than two but
less than six school-aged children before and after school, the
person may apply for a permit to operate a home child care
facility. If that applicant is in compliance with this subsection
and other sections of this article, and if there is a second adult
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1990-13
in the proposed facility who will be assisting in the care of the
children, the City Manager may issue a permit to that applicant for
a home child care facility.
Section 11.01-6.
Physical f~cili.ties, ~anitation requirements.
fire safety etc,
All home child care facilities included within the
definition provided by subsection (e) of Section 11.01-3 shall meet
these requirements:
(a) Each home child care facility shall be operated by
an adult, as defined by Section 1-13.42 of the Code of Virginia.
(b) A11 rooms used for child care shall be dry, well-
lighted and have adequate ventilation. Windows which can be opened
shall be screened from April I through November I of each year.
(c) A11 rooms used for child care shall be maintained
in a clean and sanitary condition and free from 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, dangerous or combustible materials sha]] be
stored in areas which are inaccessible to children and separate
from food supplies and areas in which food is prepared.
(f) Dogs and cats which regularly are present at the
facility sha]] be immunized for rabies, and records of such
immunizations shall be kept available at the facility for
inspection by the Director of Health or the City Manager.
(g) A refrigerator sha]l be used for perishable food and
that refrigerator shall maintain a constant temperature of forty-
five degrees Fahrenheit (45°) or less. Food brought into any home
child facility for consumption by children who do not live in that
facility shall be clearly marked for consumption by the children
for which the food is intended. Meals or snacks shall be offered
to the children at least once every three hours.
(h) Drinking water 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.
(j) The operator shall not use corporal punishment or
any humiliating or frightening methods of discipline.
(k) An outdoor recreation area free of hazardous or
dangerous conditions shall be provided for use by the children.
(1) Except as otherwise provided herein, all firearms
shall be kept in areas which are inaccessible to children. If any
firearms or ammunition are in an area which is accessible to
children, then all such firearms or ammunition shall be kept in a
locked cabinet or locked display which a child cannot open or
otherwise enter to gain access to the firearms or ammunition. If
any firearms are in an area which is accessible to children and are
not kept in a locked cabinet or locked display, then any such
firearms shall be kept unloaded and apart from any ammunition with
the firing mechanism removed or otherwise made inoperable. The
term "otherwise made inoperable" shall not include the mere
engagement of a firing safety device on a firearm.
(m) Each home child care facility shall be structurally
sound and in a good state of repair. Accumulations of oil, grease,
dust, lint and other combustible materials shall be prohibited.
Each such facility shall have an approved water supply and sewage
disposal system, and each such facility shall have the address of
the building posted in a manner so as to be visible and
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distinguishable from the street or parking lot.
(n) All exit stairs, interior or exterior, shall be in
good repair and shall be provided with handrails and guard rails
as required by the Building Code. No exit door which 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.
(o) 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 shall be provided with a minimum clearance
of three feet from combustible materials. The use of multiplug
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, Factory
Nutual, etc.
(p) 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, food processors, etc., eh&Il
remain unplugged except when in use.
(q) Electric, kerosene and other portable space heaters
shall be of the type approved and listed by a recognized testing
authority, such as Underwriter's Laboratories, Factory Mutual, etc.
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. Portable heaters using
bottled liquefied petroleum gas, sometimes known as LPG fuel, shall
be prohibited.
(r) 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 al1 fireplaces.
(s) Wood stoves shall be tested by a recognized testing
authority, such as Underwriter's Laboratories, Factory Nutual,
etc., and shall be installed and inspected as required by the most
recent version of the Building Officials Code of America (BOCA) at
the time of application. Wood stoves shall be inspected and
cleaned as often as necessary to remove the buildup of creosote and
other flammable residues. The child care provider shall take all
precautions necessary to minimize potential inlury from contact
with hot surfaces by any child at the facility.
(t) Ashes from fireplaces and wood stoyes shall be
removed to the outside and stored in an approved noncombustible
container with a tight fitting lid.
(u) Heating systems and associated ductwork shall be
clean and in good working order. Flues for the exhaust of carbon
monoxide and other by-products of combustion shall be free of leaks
and in good repair. Except for those rooms used by children while
sleeping under covers, all rooms used for child care shall be
maintained at a temperature of not less than sixty-eight degrees
Fahrenheit
(v) 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-wire, electric type or battery type.
(w) At least one portable fire extinguisher, having a
minimum rating of 2AIOBC, shall be provided. The extinguisher
shall be properly mounted, readily accessible and be located near
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1990-13
the kitchen.
(x) The storage of flammable or combustible liquids or
gases, hazardous chemicals and other highly flammable or toxic
materials shall not be permitted inside the building unless
approved by the City of Fairfax 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, wood stoves, etc. The exterior of the
property shall be kept free from trash or other materials which in
the opinion of the. City of Fairfax Fire Marshal poem a fire or
safety hazard.
(y) A fire drill shall be conducted at least once every
month. A bell or other alarm device approved by the City of
Fairfax Fire Marshal shall be used to conduct fire drills or
evacuate the facility in the event of a fire or other emergency
warranting the evacuation of the building. A written record of
each fire drill shall be kept available for inspection by any
authorized code enforcement official.
Section 11,01-7. Insect an~.rodent control.
All home child care facilities shall be maintained free
from insects and rodents.
Section 11.01-8. Immunizations.
Each child shall be immunized against certain
communicable diseases as required by Section 32.1-46 of the Code
of Virginia and the Regulations of the State Board of Health.
Section 11.01-9.
Inspection of fagilities; revocation of permit
for noncompliance with Ch4pter.
In addition to the inspections required by 11.01-3 (c)
and (d), 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 or his agent shall have the right at all
reasonable times to inspect all areas of any home child care
facility which are accessible to children for compliance with this
Chapter. Warrants to inspect any such facility shall be based upon
a demonstration of probable cause and supported by affidavit. The
City Manager may deny a permit application or suspend, revoke or
deny renewal of any permit or any temporary permit for home child
care facility which is found to be in violation of this Chapter.
Prior to such denial of a permit application or
suspension, revocation or denial of an application to renew any
permit or any temporary 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 to the holder of a permit to operate a home child care
facility with at least ten calendar days written notice of the
proposed denial of a permit application or suspension, revocation
or denial of renewal. 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 holder of such a permit as soon
as is practical.
The holder of a permit to operate a home child facility
shall notify all clients of such a facility in writing when the
permit holder is advised of an investigation for any allegation of
child abuse or neglect or for any offense for which a permit may
not be issued, as listed in Section 11.01-3 (f) against any adult
who owns or operates a home child care facility or any adult who
cares for children in such a facility or who resides in such a
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facility. As used in this Section "clients" shall mean the
parents, legal guardians or persons with legal custody of the
children who are cared for during a part of the day for at least
four days of a calendar week at the facility. Evidence of such
notification shall be submitted to the City Manager. Failure to
notify such clients shall be grounds for revocation of a home child
care facility permit by the City Manager.
If a permit to operate a home child care facility is
revoked by the City Manager, the holder of such permit shall notify
all clients of that revocation. Evidence of such notification
shall be submitted to the City Manager.
Any holder of a permit to operate a home child facility
who receives such notice of proposed denial of a permit application
or suspension, revocation, denial of renewal of a permit may submit
a written request to the City Manager for a hearing on the matter.
Any holder of a permit to operate a home child facility 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 revocation. In addition, regardless
of whether the holder of such a permit 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 holder of such a permit at least ten calendar
days prior to the proposed revocation.
ARTICLE 3.
Miscellaneous Provisions.
SectiQn 11,01-10. Severability.
If any section of this Chapter or ~ny ~ortion thereof is
held invalid or unconstitutional by any court of competent
jurisdiction or administrative agency, such decision shall not
affect the validity of the remaining sections or portions hereof.
This ordinance shall become effective
on Julyl, 1990
INTRODUCED:
PUBLIC HEARING:
February 27, .1990
March 13, 1990
June 13. 1990
ADOPTED:
,June 13, 1990
ATTEST:
City Clerk
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