2018-09ORDINANCE NO.2018-09
AN ORDINANCE AMENDING AND REENACTING CHAPTER 14, ARTICLE III,
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, RELATING 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, be and the same is hereby amended
and reenacted to read in its entirety as follows:
"Sec. 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 provider or any person who resides in the home is convicted of (il any of the
following off nses set out in the Virginia Code:a felony yiolation_o -au
18-2-46.31- any violation of & 18.2-46.5. 18 2-46 6 or 18.2-46.7: any violation of subsection
2-52.1. 18.2-
57- 18.2-57.01. 18.2-57.02. 18.2-57.2. 18.2-58. 18.2-58.1. 18.2-59. 18.2-60. or 18.2-60.1: any
18 2-64 2 18.2-67.1. 18.2-67.2 18.2-67.3. 18.2-67.4. 1 &.2-62.11. 18.2-67.4:2._ -�5
1 R 2-84 18.2-85. 18.2-86- 18.2-87, 18.2-87.1. or 18.2-88: any felony violation of & 18.2-279.
289, 18.2-2 0- 18.2-300. 18.2-308.4. or 18.2-U any felony violation of § 18.2-346: any
406_ any violation QU 18.2-408. 18.2-413. 18.2-414. 18.2-423. 18.2-423.01_._1.8,2-423,L
18 2-24Q n1 18 2-248 02 18 2-248_03. 182-248,1. 18.2-248.5. 18.2-250, 18.2-251.2. 18.2-
251.3. 18.2-255. 18.2-255.2. 18.2-258._18.2-258.02. 18.2-258.1. or_18 225 .1(ii) any
substantially similar offense under the IMs-glanothaj
finding that ol gjaihyhy reason of insanity in ncondance milh Chaplgr I I
19.2-182.2 et cea_l of Title 19.2 of the Virginia Code of anoffe
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(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) or (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 § 18.2-59, threats of death or bodily injury as set out in § 18.2-60, felony
stalking 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 i (§ 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, 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 five years have elapsed since the conviction. Convictions
shall include prior adult convictions and juvenile convictions and adjudications of
Idelinquency based on a crime that would be a felony if committed by an adult within or
outside the commonwealth.
(2) If the 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; and
(3) If the provider makes a false statement regarding a material fact on an application for a
home child care permit under this article. This bar shall remain in effect for a period of one
year from the time the permits 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 Chapter 110 of
the City 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, 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 or any facility exempted from licensure by Virginia Code § 63.2-
1715; (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.
Occasional child care means care provided on an hourly basis, for one or more children
between the ages of six weeks and 12 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.
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 care, protection,
supervision, and guidance to children in a home child care facility.
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.
See. 14-132. - Administration of article.
The city manager shall administer and enforce the provisions of this article.
Sec. 14-133. - Permit required.
It 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.
Sec. 14-134. - Annual permit application, issuance or denial.
(a)A person proposing to operate a home child care facility. and each adult who reside ,
shall submit to fin _ggpdoting and shall provide personal descritz
information to be forwarded along with_each individual's fingerprints through the Central
�b i 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) A sworn statement from the applicant and each adult who resides in the proposed facility
stating whether he or she has exer been =Yigtcd of or is the subiW Qf any Do
for any offense within or outside the!Commonwealth and committed any barrier offense;
consent forms signed by the applicant and each adult who resides in the proposed facility
allowing the city manager to
connection Mjth such criminal history investigatiorLfor_ eashrequest 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 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;
(vi) A smm g=ment 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 14 and older who reside in the
proposed facility stating whether the minor has been the subiect of a funded ca_
to Va ode S 63 2-1515 for any LQuaded complaint of child_abuse or new. , 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 term "child protective services" shall have the meaning defined by
Virginia law;
(vii) Copies of the applicant's current certifications in first aid and cardiopulmonary
resuscitation (CPR);
(viii) Proof of the applicant's compliance with the training requirements established in this
article 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 18 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 or in combination as determined appropriate by the
signatory, indicate that the applicant and all adult household residents are currently free from
communicable tuberculosis. The screen must be performed every two years or more
frequently as recommended by a physician or the health department;
(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 $14.00, 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 21 days and must promptly
submit updated information and documents.
(b) Upon submission of an application to the city manager:
(i) The city manager 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 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 require thatthe fingerprints and personal drsainfixg infbm=Lw fQr the
Criminal Records Exch request a search of the Central Criminal Records Exchange
and anational criminal history search by the Federal Bureau of Investigation 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 I three 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) If the =121ir,= does not hold a ]2ermil undcr this Igicle at the time of the aV12liQgJignJk
The city manager shall request
fQr ft aynliraW and -all adults &to reside in the urgiposed facility, fQr imy f2andad complaint
e
circumstance& information from child protective services investigating agencies as deemed
necessary to determine whether the applicant 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.
(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, 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.
See. 14-134.1. - 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 four; 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 Code
of Virginia, § 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.
Sec. 14-135. - 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 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 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 months.
Sec. 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. 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 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 40 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. Home care facilities that provide meals or snacks to children in
care shall follow the most recent, age -appropriate nutritional guidelines set forth by the United
States Department 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 by children while sleeping under covers, all rooms used for
child care shall be maintained at a temperature of not less than 68 degrees Fahrenheit.
0) Providers shall not use or allow any other person to use corporal punishment, physical,
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 locked
container, compartment or cabinet during the home child care facility's hours of operation. If a
key is used to lock the container, compartment, or cabinet, the key shall be inaccessible to
children.
(1) Each home child care facility shall be structurally sound and in a good state of repair.
(m) 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.
(n) During rest time the provider shall provide appropriate sleeping equipment that meets the
current standards of the United States Consumer Product Safety Commission 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. 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 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.
(o) All home child care facilities shall be maintained free from rodents and insect infestation.
(p) 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, (6) sunscreen must have a minimum sunburn protection
factor (SPF) of 15, and (7) the product does not need to be kept locked, but shall be
inaccessible to children.
(r) The home child care facility shall annually obtain written permission from the parent 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 swimming activities shall occur only during daylight hours. When one or more
children is in water that is more than two feet deep in a pool, lake, or other swimming area on
or off the premises of the home child care facility, the provider and another person 15 years or
older shall be present at all times and either the provider or the other person must be currently
certified in basic water rescue, community water safety, water safety 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 feet high such as, but not limited to, a fence or impenetrable
hedge shall surround outdoor play areas located within 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. 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
inecessary, 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.
See. 14-136.2. - Home child care facility fire safety requirements.
(a) Telephone service shall be available, operable and accessible during 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.
i (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.
0) 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 30 inches in width, 36 inches in depth, and 78 inches in
height shall be provided in front of the electrical service equipment. Where the electrical
service equipment is wider than 30 inches, the working space shall be not less than the width
of the equipment. No storage of any materials shall be located within the designated working
space.
(1) The use of portable, unvented fuel -fired heating equipment is prohibited except in single-
family dwellings classified R-5 by the Virginia Uniform Statewide Building Code. Where
allowed, such equipment must be listed and approved by a nationally 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) Fireplace screens, glass, or doors shall be in good condition and designed to guard against
accidental contact with the combustion chamber contents. The fireplace screen, glass, or doors
shall be affixed to prevent accidental release of embers or 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 upon request.
(p) Fireplaces, wood stoves, and chimneys shall be inspected and cleaned annually 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 fitting lid, which has been listed and approved by a nationally
recognized testing laboratory.
(r) The furnace and other heating appliances shall maintain clearance from ignition sources as
specified by the equipment manufacturer, unless the provider can establish cause for an
exception.
(s) Storage of combustible materials in buildings shall be orderly. Storage shall be separated
from heaters or heating devices by distance or shielding so that ignition cannot occur.
(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.
(u) An operable smoke alarm shall be provided outside of each sleeping 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 request. Smoke alarms may be of the
fixed -wired or battery type.
(v) An operable carbon monoxide alarm shall be installed in homes according to the
manufacturer's specifications where appliances may 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) Portable fire extinguishers having a minimum rating of IAIOBC shall be properly
mounted and readily accessible (i) within 30 feet of cooking equipment, and (ii) in areas
where flammable liquids are stored, used, or dispensed.
(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
years.
(y) Storage of flammable or combustible liquids inside buildings in containers and portable
tanks shall be in accordance with the Virginia Statewide Fire Prevention Code and the
manufacturer's recommendations. Areas of flammable and combustible liquid storage shall be
secured to prevent access during the home child care facility's hours of operation.
Combustible waste material creating a fire hazard shall not be allowed to accumulate in
buildings, structures, or upon premises. Areas of storage of machinery such as lawnmowers
and power tools shall be inaccessible to the children in care.
(z) The provider shall prepare an emergency evacuation plan, which shall include the
preferred method to notify employees, children, and other occupants of an emergency
situation; emergency egress routes from each room where child care is permitted, 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 required to accomplish a complete evacuation.
(bb) Rooms used for sleeping must provide two means of exit, one which leads directly to the
outside, as required by the Virginia Uniform Statewide Building Code.
Sec. 14-137.1. - Provider qualifications.
(a) Each provider must be an adult.
(b) Each provider 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, recognition and prevention of the spread of communicable diseases,
emergency preparedness, and business practices of family child care. From January 1, 2014
through December 31, 2014, any person granted an initial or renewal permit must attend 14
hours of training by an approved trainer during the term of the permit. Any applicant granted
an initial or renewal permit at any time on or after January 1, 2015 All nrovmust attend
16 hours of training by an approved trainer during the term of the permit. The city manager
shall maintain a list of entities that are approved as trainers. Upon request from a provider,
accompanied by information about the entity and/or the course, the city manager may approve
additional trainers or a specific course.
(c) Each provider must be currently certified in first aid and cardiopulmonary resuscitation
(CPR).
(d) In addition to the training required in subsection (b) above, and except as otherwise set
forth in this article, a provider who administers prescription medications or non-prescription
medications to children in care must satisfactorily complete a training program for this
purpose developed or approved by the Board of Nursing and taught by a registered nurse,
licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist. Providers
required to complete the training program shall be retrained at three year intervals.
Sec. 14-137.2. - Substitute care providers.
(a) When a provider must be away from the home care facility, a substitute care provider may
be used. Substitute care shall not exceed 240 hours per calendar year. Any substitute care
provider must be an adult.
(b) The substitute care provider shall submit to the city manager the disclosure and statement
required of providers pursuant to this article, along with payment of the applicable fees. A
provider shall not use a substitute care provider until the city manager has notified the
provider that the substitute care provider has not committed a barrier offense.
(c) The substitute care provider must be currently certified in first aid and cardiopulmonary
resuscitation (CPR). The provider must maintain copies of the certifications.
(d) The substitute care provider must have a tuberculosis screening in accordance with this
article. The provider must maintain copies of the screenings.
Sec. 14-138. - Immunizations.
The 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 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.
Sec. 14-139. - Inspection of facilities.
In addition to the inspections required by this article, with the consent of the owner, 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 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.
Sec. 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-I I 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) If a permit to operate a home child care facility is revoked or suspended by the city
manager, the provider shall notify all clients. Evidence of such notification shall be submitted
to the city manager.
(d) Any applicant for a home child care facility permit whose application is denied and any
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 business days of the time the provider receives notice of the action
regarding which the provider seeks a hearing, and must specify the grounds for appeal.
Sec. 14-140. - Revocation of permit for noncompliance.
(a) With the consent of the owner, 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 home child care facility for compliance with this article. Warrants
Ito 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 home child care facility 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 with at least ten business 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 as soon as is practicable.
(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 provider 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 provider as soon as is practicable.
(d) Any owner or provider 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 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 business days of
the receipt of the notice of the suspension. In addition, regardless of whether the owner or
provider 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 at Ieast ten
j business days prior to the proposed revocation.
Secs. 14-141-14-160. - Reserved."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that all
providers that are permitted under Chapter 14, Article III on the effective date of this
ordinance, and all adults who reside in the provider's facility, must submit to fingerprinting
and provide the personal descriptive information required in Chapter 14, Article III as
amended by this ordinance and the sworn statements and consent forms required therein, as
well as any applicable fee required thereunder, to the city manager by September 30, 2018.
The failure to comply with this requirement will result in a suspension of the provider's
permit. Upon receipt of the sworn statements and forms, the city manager will request the
i criminal history search set forth in Chapter 14, Article II, as amended by this ordinance.
This Ordinance shall become effective on July 1, 2018.
INTRODUCED: June 12, 2018
PUBLIC HEARING: July 10, 2018 k9*,Pe- tt-zl-
ayor
Pszze
Date
ATTEST:
` City Clerk
Votes
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye