The URL can be used to link to this page

84-848 ! • /�-'� ��t� �� ,t�� ,�� ' !`1 Page 2 . public and private school centers , play groups , day care centers for school age children, after school programs , infant day care centers , cooperative day care centers , and Head Start programs . The term does not include Sunday schools , day camps , religious camps , facilities used for club or organization meetings where such club or organization regularly meets no more than once a week, nor does it include casual babysitting on an unscheduled and intermittent basis . Subd. 3. /HEALTH OFFICER.7' "Health officer01 means the public health services manager of the division of public health, department of community services of the city of Saint Paul or the authorized representative of said public health services ma.nager. /-375.02_7' /LICENSE REQUIRED_7 No person shall operate a child day care center in Saint Paul without a license. /-375.03.7 /�LASSES OF LICENSES; NO FEE REQUIRED_7 There is no fee required. for issuance of a license, but the following classes of licenses are established based on the child census : Class A-- 6 to 12 children Class B--13 to 25 children Class C--26 to 75 children Class D--76 or more children /-375.04_7 �ICENSING REQUIREMENTS AND PROCEDURES_7 Subdivision l. /APPLICATION.? In addition to the information required Ty section 310.02 , the application shall state the exact location of the building or buildings and the part or parts of the building or buildings intended to be used in the conduct of the business under the license, whether or not the appli- cant has at any previous time engaged in a child day care business within the city of Saint Paul , and, if so, when and where. ; , -_ . �. - �f r ��: , ,,�y • l ;l.'�I `� Page 3,° Subd. 2. /�EPARATE LICENSE FOR EACH LOCATION.7' A separate-"license is required for each location. Subd. 3. /�NSURANCE.7' No license shall be issued or renewed until the applicant shall have filed evidence of insurance con- forming to the requirements of chapters 7 and 8 of this code and providing public liability coverage in minimum amount of $300,000 for injuries or damages to persons or property. Subd. 4. �NS]PECTION BY DIVISION OF PUBLIC HEALTH_7 A copy of all child day care license applications shall be referred to the health officer for review. After the report and recommendation of the health officer have been received by the inspector, the ins�ector may grant or deny such appli- cation in accordance with the provisions of these chapters . Subd. S. /NEW OWNERSHIP; CHANGE IN CHILD . CENSUS.7 T�henever there is a ch�.nge in ownersFiip of a facility or whenever there is an increase in the child census which would result in the establishment of a higher classification of license, and in each such instance, the licensee shall promptly notify the health officer so that any necessary inspection and investi- gation may be made as though it were an original application. � , � . . � - , /%� ,� f'Y,_,� )'�"i..%� + :r4- , • . f j �/� �� / �� Page 4. /-375.05_7 /REGULATIONS_7 Subdivision l. /�OMPLIANCE WITH APPLICABLE LAWS RULES AND �kEGULATIONS_? No person shal� operate a child day care center that is not in compliance with all applicable laws , rules , and regulations , including this chapter and Chapter 33, Building Code; Chapter 34, Minimum Housing Standards ; Chapter 35, Safety to Life Requir•em�nts ; Chapter 55, Fire Code; Chapter 60, Zoning Code; and Chapter 331, Food ordinance. For good cause shown, the health officer may grant a variance from the equipmemt standards provided for in chapter 331 when 12 or fewer children are served. Subd. 2. �OSTING OF LICENSE_7 Each licensee sFiall keep the license granted hereunder prominently posted on the premises. Subd. 3. /1cULES AND REGULATIONS : DIVISION OF PUBLIC HEALTH.7 The health officer may promulgate � . . . � . . -� .. . . . -,� � . � . �. �y_�y� . . , . . � /��r� Page S. rules and regulations reasona.bly necessary to the safe and sanitary operation of child day care centers. Copies of proposed rules and regulations , and amendments thereto , shall be made available free of charge to the public, and at least ten days ' written notice published - in the official newspa�er of the city shall be provided requesting written comments thereto. Subsequent to the published notice and after consideration of any comments , the health offi- cer may adopt such rules and regulations , or amendments and shall file a copy of the same with the office of the city clerk. Rules and regulations sha.11 be effective on such date as indicated therein, but in `no event shall they be effective prior to 20 days after being filed in the off ice of the city clerk. /-375.06_7 /ADVERSE ACTION_7 Adverse action by the city on any app lication or 1°icense may be taken for disorderly operation of or the permitting of any unlawful conduct or �ractice in any establishment subject to licensing under this chapter, as well as for reasons set forth in section 310.06. - /-375.07_? /'LICENSE NOT TRANSFERABLE_'j No license issued under the provisions of this - chapter shall be transferable. Every person � holding a license under this chapter shall give notice in writing to the inspector 30 days before selling t•ransferring, .or otherwise disposing of ownership, interest in, or control of the licensed establishment. Such notice shall include the name and address of the person succeeding in ownership or control of the . licensed establishment. /-375.08_7 /ENFORCEMENT_? The health officer shall " enforce the provisions of this chapter. WH17E - CI TV CLERK / PINK - FINANCE COUI1C11 P CANA'r"tV -bEPARTMENT GITY OF SAINT PAITL /� BtUE - MAVOR File NO. V � �� ' • • � /`C Or ' e . f��/7 Presented By • '�'�"" Referred To Committee: . Date Out of Committee By Date Page 6. Section 2. This ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate chapter and/or section number at the time of the next revision of said Legislative Code. Section 3. This ordinance shall take effect and be in force 30 days af ter its passage, approval and publication. COUNC[LMEN Requested by Department of: Yeas Nays �sr�/,V� Communit Services Drew In Favor Masanz sc� �h b r• —�— Against BY Tedesco Wilson FEB 2 8 1985 Form rove y Attorney Adopted by Council: Date Certified a s o cil ar BY / • By Appro Mayor: Dat MAR 5 — 1985 Approved by Mayor for Submission to Council B By P�.«� ��,liaR �s 1985 � ` f� . . . .. . � � . , : � -� �• � ,� � �� '� ��'�y�` ` � `* 'f' . " t .w C�oms�unity Services�pfPARTt1ENT ��/7 Dr.�Pau1 J. Cox ,_,_„_,rONTACT 292+7716 PNONE �� . Ma 18 1984 DAT� �� (Routing and Explanation Sheet) Assign Number for Routinq Order (Clip All Locations for Mayorai Siqnature): 1 Department Di rector ✓ RE�'E�VE� 3 Ci ty Attorney t� 2 ' Di rector of Ma�agement/Nlayor MAY 2 3 1984 F�nance and �anayement servi ces o�rector CITY Aj`TORN 4 City Clerk ,� ____, Budget Director i�hat Will be Achie�d by Taking Action on the Attact�d Materials? (Pur�se/Rationale}:. No federal or S�ID standards governing day care centers. DPW`s regulations do not address medical or food surveillance. Centers licensed only for food: 73. Centers have mushroomed in the past 20 years, keeping pace with working mothers. Diseases reported in city centers: hae�philus meningitis, hepatitis A, conjunctivitis, lice and giardiasis. Other diseases caused by: rotavirus, E. coli, salmonclla, campylobacter, yersinia, Entamoeba histolqtica and adenoviruses can become a problem. The children's contact with potential health prob2ems� has been amply documented. Improperly conducted centers lead to the introduction and spread of these preventable diseases. Financial , 8udgetary and Personr�el Impacts Anticipated: None Funding Source and Fund Activit�Nurt�er Charged or Credited; None Atta�chments (List and Nun�er all Attachments� : Proposed Day Care Center Ordinance �EPARTM�NT REVIEW CITY ATTORNEY REVIEI� Yes No Council Resolut�ton Required? Resolution Required? Yes No Yes No Insurance �Required? Insurance Sufficient? Yes Mo Yes fVo Insurance Attached? Revision of October, 1982 (SeP RPVP1"SP Side for �tnstructions) �d"'��-� 7 O U � ��7 AME�ID�IE�JTS TO COUNCIL FILE T�TO� 84-848 - LICEVSING OF C�iILD DAY CARE CENTERS Substitute the attached pages 2 , 3 and 4 for those in the ordinance as submitted.. They contain the following amendments : In s�ction 375.03 , the fPe requirements are deleted. The classifications of licenses based on chil.d census are retained : In section 375.04, subdivision 5 , the requirement for notification to the health officer when there is repair or alteratian to the facility has been deleted. . . . • . . ; . , � , , _ /_ _�,/�p� j� 7• Q . � . � , �7�/� Page 2. public an rivate school c nters , play groups , day care ce ers for schoo age children, after school progr s , infant d care centers , cooperative da care cen rs , and Head Start programs . The term does not include Sunday schools , day ca ps , rel gious camps , facilities used for club or\organ' zation meetings where such club or orga iza on regularly meets no more than once a. ek nor does it include casual babysitting o an unscheduled and intermittent basis. � � Subd. 3. /I�EALTH �iCER_'�' "Health officer" means the public al services manager of - the division of p blic ealth, departm�ent of community servic s of t e city of Saint Paul or the authorize repres ntative of said public health services manager. �/ 375.02 .7 /LIC NSE REQUIRED. No person shall operate a chi day care cen er in Saint Paul without a lic nse. /-375.03.7 /F ES.7 Subdivision /—ANNUAL FEE.7 The annual ee shall be based on he child census as £ llows: Class A - to 12 children. . . . . . . . . . . . $35.00 Class B - 13 to 25 children. . . . . . . . . . . 50.00 Class C - 26 to 75 children. . . . . . . . . . . 75.00 � Class D 76 or more children. . . . . . . . . 150.00 � Subd. 2 /AbDITIONAL FEE�' In addition to the annual icense fee, the applicant shall p y a $50 fe in any of the following circumstan es : (1) on initial application for license a a _ ocation. (2) Upon change of ownership of a facility. (3) Whenever there is an increase in the child census which would result in the establish- ment of a higher class annual fee. (4) Whenever the cost of alterations or repairs to the facility exceeds $300 and/or a building permit is required. ' . ��7� Page 3. I This $50 fe is not subject to refund. � / 375.04_7 �I ENSING QUIREMENTS AND PROCEDURES_7 . Subdivision 1. /APP ICATION.7' In addition - to the informat on equired '6y section 310.02, the application h 11 state the exact location of the building buildings and the part or parts of the bui ing or buildings intended to be used in the c duct of the business under the license� wh t r or not the applicant ha.s at any previou ti e engaged in a child day care business ithi the city of Saint Paul, and, if so, w en an where. Subd. 2. PARATE L CENSE FOR EACH LOCATION.�' A separate icense is equired for each location. _,�ubd. 3. INSURANCE.7 0 license shall be issued or enewed un�il t e applicant shall have f ile evidence of ins ance conforming to the r uirements of cha.p rs 7 and 8 of this cod and providing publi�c liability coverag in minimum amount of $300,000 for injurie or damages to persons or property. ; . . . . . � ; �. . � � : . ' ��y-�� Page 4. '� Subd. 4. /".[1�SPECTION BY DIVISION OF PUBLIC HEALTH_7` A c�ppy of all child day care license applications �hall be referred to the health of f icer for r�view. Af ter the report and recommendation'� of the he�lth officer have been received by the inspectdr, the inspector may grant or deny s�ch appl�cation in accordance with the provis�ons of ;these chapters. 1 ' Subd. 5. /CHANG IN HILD CENSUS; NEW OWNERSHIP; REMODELING OF PRE�IISF�S_7 Whenever there is a change in the own' rs�.ip of a facility; whenever there is an increa � in the child census which would result in th ,� establishment of a higher - fee; or whenever t facility is altered or repaired and the co t exceeds $300 or a building permit is requirec�`, nd in each such instance, the licensee sha,l� p omptly notify the health � officer so tha.t �`ny ecessary inspection and . investigation ma� be ade as though it were an original applica�'tion. ; - � /375.05. /1�EGUL�kTIONS_�' ; Subdivision 1 ` /COMPLIA CE WITH APPLICABLE LAWS, RULES AND REG�JLA'TIONS.7 o person shall operate a child day re center t at is not in compliance with all app icable laws , les , and regulations , including th s chapter and hapter 33, Building � � Code; Chap t r 34, Minimum H using Standards ; � Chapter 35, Safety to Life quirements ; Chapter 55, Fire Co e; Chapter 60, Z ning Code; and Chapter 33 , Food ordinance. \ j For good c use shown, the heal�h officer may � grant a v iance from the equip ent standards provided or in cha.pter 331 whe� 12 or fewer children re served. � \ Subd. 2. �OSTING OF. LICENSE.7 Each licensee shall keep the license grantea hereunder prominently posted on the premises . � Su�d. 3. /RULES AND REGULATIONS: DIVISION OF PUBLIC HEALTH_7 The health officer may promulgate . . . :. ; . . . ; � �.y_�� Page 2. t , public and pri te school centers , play groups , day care center for school age children, after school programs , infant day_ care centers , cooperative day are centers , and Head Start programs . The te does not include Sunday schools , day camp , religious camps , facilities used for club or o ganization meetings where such club or organ zation regularly meets no more than once a. we k, nor does it include casual babysitting an unscheduled and intermittent basis. Subd. 3. /HEALTH OFF CER_7' ' "Health officer" means the public healt ser�iices manager of the division df public ea th, departm�ent of community services of t e ity of Saint Paul or the authorized repres �itative of said public health services manager. �/ 375.02.7 /LICENSE REQU R _7 No person shall operate a c1�.ild day ca e c nter in Saint Paul without a license. � /-375.03_7 /FEES.�] S divisi n 1. �ANNUAL FEE_]� The annual fee shall/be based �on the child census as follows: j ` ' ,, Class A - 6 to 12 �hildren. . . . . . . . . . . . $35.00 Class B - 13 to 25 children. . . . . . . . . . . 50.00 Class C - 26 to 7 children. . . . . . . . . . . 75.00 � Class D - 76 or ore children. . . . . . . . . 150.00 � Subd. 2. /A�DI IONAL FEE�` In addition to the annual license ee, �the applicant shall pay a $SO fee in any of the following circumstances: � � (1) Upon ini ial application for license at a locatio . (2) Upon change of ownership of a facility. (3) Whenever there is an increase in the child census which would result in the establish- ment of a higher class annual fee. (4) Whenever the cost of alterations or repairs to the facility exceeds $300 and/or a building permit is required. . � �� .. : � . � � �� - � � . � �� Page 2. public and private school centers, play groups , day care centers for school age children, after school programs , infant day- care centers, cooperative day carg centers , and Head Start programs . The term\does not include Sunday schools , day camps , xeligious camps , facilities used for club or organization meetings where such club or organization regularly meets no more than once a. week, nor does it include casual babysitting on an unscheduled and intermittent basis. Subd. 3. /HEALTH OFFICER.�' "Health officer" means the public health services manager of � the division of public heaith, department of community services of the , city of Saint Paul or the authorized representative of said public health services ma.nager. �/ 375.02.7 /LICENSE REQUIRED�7 No person shall operate a child day care center in Saint Paul without a license. ' /-375.03.7 /FEES.7 Subdivision 1. /—ANNUAL FEE.7 The annual fee shall be based on the child census as follows: � Class A - 6 to 12 children. . . . . ., . . . . . $35.00 Class B - 13 to 25 children. . . . . ... . . . . 50.00 Class C - 26 to 75 children. . . . . . . . . . . 75.00 Class D - 76 or more children. . . . . . . . . 1S0.00 � Subd. 2. /AbDITIONAL FEE�' In addition to the annual license fee, the applicant shall pay a $50 fee in any of the following circumstances: (1) Upon initial application for license at a location. (2) Upon change of ownership of a facility. (3) Whenever there is an increase in the child census which would result in the establish- � ment of a higher class annual fee. � (4) Whenever the cost of alterations or repairs to the facility exceeds $300 and/or a building permit is required. - ' • . • � �� . �d7 �� Page 3. < This $50 fee is not �ubject to refund. / 375.04_7 �ICENSING EQUIR NTS AND PROCEDURES_7 Subdivision l. /APPLI ATI .7' In addition - to the information req 'r '6y section 310.02, the application shall s e the exact location of the building or build ngs and the part or parts of the building o uildings intended to be used in the conduct f he business under the license� whether o no the applicant ha.s at any previous time gage in a child day care business within he cit of Saint Paul, and, if so, when and where. Subd. 2. /�EPARATE ICENSE FOR EACH LOCATION.7' A separate`license s required r each location. �Subd. 3. /INSURAN E.7 No license shall be issued or renewed n�il the applica t shall have f iled eviden e of insurance con orming to the requiremen s of chapters 7 an 8 of this code and pr iding public liabili coverage in mini um amount of $300,0OO ��or injuries or dama es to persons or property. � , . . � �y�� Page 4. Subd. 4. /'rNSPECTIOI� BY DIVISION OF PUBLIC HEALTH_7` A copy of 11 child day care license applications shall b� referred to the health officer for review. �After t�e report and recommendation of th� health officer have been received by the inspe"�Ctor, the inspector may grant or deny such application in accordance with the provisions o� these cha.pters . '� � Subd. 5. /CHANGE IN C IL� CENSUS; NEW OWNERSHIP; , REMODELING OF PREMISES. ' Whenever there is a change in the ownership �f a facility; whenever there is an increase in he child census which would result in the est lishment of a higher fee; or whenever the fa ity is altered or repaired and the cost xc eds $300 or a building permit is required, an in each such instance, the licensee shall pro ptl notify the health � officer so that any n cessa y inspection and . investigation may be ade as though it were an original application. /375.05. /1�EGULATIONS 7 Subdivision 1. �0 LIANCE WITH PPLICABLE LAWS, RULES AND REGULA'TION _7' No perso shall operate a child day care cen er tha.t is no in compliance with all applicable aws , rules , an regulations , including this chapt r a' d ;Chapter 3 Building � Code; Chapter 34, Mi i Housing Stan ards; ' Chapter 35, Safety t ife Requirements;4„ Chapter 55, Fire Code; Chapter 60, Zoning Code; a�nd Chapter 331, Food ordinance. For good cause shown, the health officer may � grant a variance from the equipment standards provided for in cha.pter 331 when 12 or fewer children are served. Subd. 2. �OSTING OF. LICENSE.7 Each licensee shall keep the license grante3' hereunder prominently posted on the premises, � Sufi�d. 3. /RULES AND REGULATIONS: DIVISION OF PUBLIC HEALTH_7 The health officer may promulgate . � , . (�I= ��/�`�4 , Page 3. This $50 fee is no subject to refund. / 375.04_7 �ICENSING QUIREMENTS AND PROCEDURES_7 . Subdivision 1. /APPLIC TI'ON.7' In� addition - to the information requi ed '6y section 310.02, the application shall sta e the exact location of the building or buildi�n s and the part or parts of the building orf{bu ldings intended to be used in the conduct af th business under the license, whether or�`not t e applicant has at any previous time en aged i a child day care business within t e city Saint Paul, and, if so, when and w ere. Subd. 2. /�EPARATE L ENSE FOR E H LOCATION.? A separate license is required for ach location. . Subd. 3 . /INSURANCE. No license slia.11 be ��issued or renewed un 1 the applicant shall have filed evidence insurance conforming to the requirements f chapters 7 and 8 of this code and provid'ng public liability coverage in minimum ount of $300,000 for injuries or damages o persons or property. . . . � . , � ��-�� Page 4. : Subd. 4. SPECTION BY DIVISION OF PUB�IC HEALTH_� A opy of all child day care ��icense applications sha.11 be referred to the �iealth officer for view. After the report and recommendatio of the health officer have been received by t e inspector, the insp ctor may grant or deny uch application in ccordance with the provi ions of these chap ers . Subd. 5. /C E IN CHILD CENSU ; NEW OWNERSHIP; . REMODELING OF P ISES.7 Whene er there is a change in the o ership of a f ility; whenever there is an incr ase in the ch ld census which would result in he establis nt of a higher fee; or whenever he facility is altered or repaired and the ost exceed $300 or a building permit is require , and in e ch such instance, the licensee shall promptly otify the health � officer so that an necessa inspection and . investigation may b made a though it were an original applicatio . /375.05. /�'EGULATIONS. Subdivision 1. �OMPL AN E WITH APPLICABLE LAWS, RULES AND REGULATIONS. o person shall operate a child day care center t at is not in compliance with all applicable law rules , and regulations, including this chapter a d �Chapter 33, Building � Code; Chap ter 34, Minim Housing Standards; � Chapter 35, Safety to Li Requirements ; Chapter 55, Fire Code; Chapter 6 , �Zoning Code; and Chapter 331, Food ordina ce�r For good cause shown, th health officer may � grant a variance from th equipment standards provided for in chapter 3 1 when 12 or fewer - children are served. Subd. 2. �OSTING OF. LICENSE.7 Each licensee shall keep the license grante3 hereunder prominently ' posted on the premises , � � Su�d. 3. /RULES AND REGULATIONS: DIVISION OF PUBLIC HEALTH_7 The health officer may promulgate .- � �.� �♦ CLEffK ' . PiNM,` _ F,,,,.NCE CITY OF SAlrl`TT PAUL Council �/ /�/y��//� CL.Nl,QY -. UEPARTMENT File �O. ��! _U • e�ue _Me,voa • J , . ^ • ��2�� Ordinance N 0. Presented By � � �� i /6i-�C7/� �✓Referred To ``� �'lj�G' ��` "� Committee: Date � Out of Committee By Date An ordinance providing for the licensing and regu lation of child day care centers in the city of S�int Pau1; amending the Saint Paul Legislative Code by adding a chapter. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Saint Paul Legislative Code, as amended, be and the same is hereby further amended by adding a chapter to read as follows : CHAPTER 375. CHILD DAY CARE CENTERS r375.01_7 /D�FINITIONS_7 Subdivision 1. /TERMS_7' For the purposes of this chapter, the terms def ined in this section _ T° - �yshall have the meanings ascribed to them. Subd. 2. /CHILD AAY CARE CENTER OR CENTER.7 "Child day care center" or "center" means any facilit other than a private home which provides for compensation or otherwise, day or night care � for s.ix or more children, at any one time, who are under 12 years of age and not�members of the family of the opezator or custodian in charge, , � for periods of less than 24 hours. per day. The term includes , but is not limited to, programs for children known as nursery schools , day nurseries , child care centers , hospital centers , COUNCILMFN Yeas Nays Requested by Department of: . ' ' Fietcher Drew In Favor Masanz • Nicosta A gai n s t BY Scheibel . 7edesco Wilson Adopted by Council: Dafe Form prov by i y Attorney Certified Passed by Council Secretary BY � Ay Approved by Mayor for Submission to Council Approved by Mayor: Date � BY BY - . -• �_ - � �< Page 2. public and private school centers , play groups , day care centers for school age children, after school programs , infant day. care centers , cooperative day care centers , and Head Start programs . � The term does not include Sunday schools , day camps , religious camps , facilities used for club or organization meetings where such club or organization regularly meets no more than once a. week, nor does it include casual babysitting on an unscheduled and intermittent basis. Subd. 3. /HEALTH OFFICER�_7' "Health officer" means the public health services manager of . the division of public health, departm�ent of community services of the city of Saint Paul or the authorized representative of said public health services manager. �/ 375.02 .7 /LICENSE REQUIRED_7 No person shall . operate a child day care center in Saint Paul �-- - - - ..a�,i.thout a license. � ' n � � ��SEt i R �ICiNf� ; No FE�1RE4vrAE�D T�s�s � f A o �375.03_7 _ . E. �s ry K; � ��r e e�� se '� , c i �� I!/ti s.t�! � i � t ' � ��,��t� �� T �►a.�r�l �..�� CI'slfsj �� '�t�f� ��'t +lfti`�: lfr�►�1 �if s,! rN f�t � � C a s s A - 6 to 1 2 c hi l dren. . . . . . . . . . . . . ��_ � «�� Class B - 13 to 25 children. . . . . . . . . .�$;� Class C - 2b to 75 children. . . . . . . . . . . •�Qp• � � - Class D - 76 or more children. . . . . . . . � . . . n . ual I'icense fee, the applicant shall a $S e in any of the following circ ances: � . (1) Upon ' tial application r license at a . location. (2) Upon change of rship of a facility. (3) Whenever ere is an inc e in the child censu ich would result in e establish- me of a higher class annual (4 Whenever the cost of alterations or re 'rs to the facility exce:�ds $300 andJor a _ -_ ------------ ----_.___.�.___ .._._.._..�__.�_________...� __ .-- .____.�.__...- _ .�__.�__...w.w,._._...�,....,. Page 3 . / 375 :04_7 �ICENSING REQUIRE�IENTS AND PROCEDURES_7 . Subdivision 1 . /APPLICATION.7 In addition - to the information required by section 3t0.02 , the application shall state the exact location . of the building or buildings and the part or parts of the building or buildings intended to be used in the conduct of the business under the license, whether or not the applicant has at any previous time engaged in a child day care business within the city of Saint Paul, and, if so , when and where. � � Subd. 2. /�EPAR4TE LICENSE FOR EACH LOCATION.7 A separate license is required for each location. �$ubd. 3 . /INSURA�CE.7 No license shall be - issued or renewed un�il the. applicant shall -` - �have filed evidence of insurance conforning to the requirements of chapters 7 and 8 of this code and providing public liability coverage in minimum amount of $300,000 for � injuries or damages to persons or property. � _ _ _ ._ _ _ _ _ . _ __...___ --. ,_.__- - -._ ._._..__�___ ..�__.. _ - ... _ _ _ z.._.-_.�_,.._.._,�.....,_,�, , _ _ ��—L -► d �o �` Page 4. Subd. 4. /�NSPECTION BY DIVISION OF PUBLIC � HEALTH_7` A copy of all child day care license applications shall be referred to the health officer for review. Af ter the report and recommendation of the health officer have been received by the inspector, the inspector may grant or deny such application in .accordance with the provisions of these chapters. - Subd. S. /CHANGE IN CHILD CENSUS; NEW OWNERSHIP; . Whenever there is � r c nge in the ownership of a faciTity w enever there is an increase in the child census which would result in the establishment of a higher t/ifs:f/tt�sw� _�-�-_ • • • . . •• y � p /��% TpYtr�7 '" ' ° ''°^��r a�, �and- in each such instance, � the licensee shali promptly notify the hea].th � officer so that any necessary inspection and . investigation may be made as though it were an � � original application. _' . _. . _.3.rY.�. • . r • /375.05. /1ZEGULATIONS.7' Subdivision 1. �OMPLIANCE WITH APPLICABLE LAWS, . RUL£S AND REGULATIONS:7' No person shall operate a child day care center that is not in compliance with all applicable Iaws , rules, and regulations , including this chapter and •Chapter 33, Building " � � • Code; Cnap ter 34, Minimum Housing Standards; ' 55apter 35, Safety to Life Requirements ; Chapter , Fire Code; Chapter 60, Zoning Code; and . Chapter 331, Food ordinance. For good cause. shown, the health officer may � grant a variance from the equipment standards � provided for in chapter 331 when 12 or fewer � children are served. Subd. 2. �OSTING OF. LICENSE.? Each licensee shall keep the license grante3 hereunder prominently posted on the premises . � . Su�d. 3. /RULES AND �EGULATIONS: DIVISION OF PUBLIC HEALTH_7 The health officer may pro�ulgate ... . . ..._.... ____--__._.. _._ ...,_.,.._�.._•__•__..._..___._......__.__-W—_._.,_....,__. __ �.�w�v�+�+-•fi,.�.,w.....V,..T-t..++w,�.,.n�.. . . c,r �y_aj/G' Page 5. rules and regulations reasonably necessary to the safe and sanitary operation of child day care centers . Copies of proposed rules and regulations , and amendments thereto , shall be made available free of charge to the public, and at least ten days ' written notice published - in the official newspa�er of the city shall be provided requesting written comments thereto . Subsequent to the published notice and after consideration of any comments , the health offi- cer may adopt such rules and regulations , or amendments , and shall file a copy of the same with the off ice of the ci.ty clerk. Rules and regulations shall be effective on such date as indicated therein, but in 'no event shall they be effective prior to 20 days after being filed in the off ice of the city clerk. �375.06.7 /ADVERSE ACTION_7 Adverse action .-. _ -�� the city on any application or 1'icense may be taken for disorderly operation of or the permitting of any unlawful conduct or practice in any establishment subject to licensing under this chapter, as well as for reasons set forth in section 310.06. ' • /-375.07 .? /LICENSE NOT TRANSFERABLE.�j No — license issued under the provisions�'of this - . • chapter shall be transferable. Every person ' holding a license under this chapter shall give notice in writing to the inspector 30 days before selling. t•ransferring, . or otherwise disposing of ownership, interest in, or control • of the licensed establishment. Such notice � shall include the name and address of the person succeeding in ownership or control of the � � • . licensed establishment. /-"375.08_? /ENFORCEMENT_7 The health officer shal� � enforce the provisions of this� chapter. wMITE — CITY CLERK i•*�d� . PINK � FIt�ANCE /•+�UnCll ('/ C�NARY— DEPARTMENT C I TY O�� SA I NT PA U L `y y BLVE — MAYOR ' File NO.-- �� (! ��/ . � • � �Ce Ordinance ND. Presented By • � Referred To Committee: Date Out of Committee By Date Page 6. Section 2. This ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate chapter and/or section number at the time of the next revision of said Legislative Code. Section 3. � This ordinance sha11 take effect and be in force 30 days af ter its passage, approval and publication. � •-�...-. .. � COUNCILMFN Requested by Department of: Yeas Nays • � Fiec�ne� Communit Services o,eW In Favor Mesanz H�costa Against BY Scheibel Tedesco Wilson Form p rove by Attorney Adopted by Council: Date Certified Passed by Council Secretary BY r • F3y Approved by hlayor: Date Approved by Mayor for Submission to Council By BY __. ._ � � . �� i-�y��`�' r. _ '�� - CITY OF SAINT PAUL /7� / vI `�� OFFIC� OF THI. CITY COIINCIL �,,.�.:• .�.. ,��..,.�.�..- �" *.•;,.�� -- D d t e ; January 28, 1985 r CON� MI"i"'T � E RE PORT TO = Sa�n� Pau ! Gity Coc�e�cit F� � � ' CO��'�Q'� Oh LEGISLATION C H A!R : JOHN DREW _ Agenda Item 2 An ordinance adding a new Chapter 375 to the Legislative Code so as to provide for the licensing and regulation of chi]d day care centers in the City of St. Paul . Council File 84-848. Legislation Committee recommends approval . Agenda �,. "`. ��-.. I tem 3 Le 'sl ati on proposi ng the�idi ti on of a one-percent room ta'��.,� The addi ' nal one percent i s toa�'�e used for �promo`��n of touri sm �+�d convent �ans. � ""�� __.; � �, ',. . , `': Legislation Committee r�comrnends approv��' �� ,� CI'['Y HALL SEVENTH FLOOR SAINT PAUL. btINNESOTA SSI02 .� '�tTE � C�Tv C1..ENK . � y� �� `, li':`,V "'�. {� a�ti�C � F��wnCE - � r T yy� 7 I.O:IIICII /) }'/ i v � C+�HARr �D,«`aRiMCNT � l (� nLt>E —•��A�vOR �.�x��r O.Z ��.� J.'1 .L i ��i^�`�vr�`('�,,+ .[tli._ I �� ' � j ,,,. �.�� „ ,r,p JQi-t:1 D�==;�- c�o. i7-�i ` Gd"��;s% � � �O:dinacc> z � . • �;��. _ `�y � � ��_�'-�G�. Pr�seR�z3 Ey ��`�"r� .�� `��"��' �``�' �^ 1 �" � ��` l,t� �' �-'� /,�-( c c ..1 �R�:errec3 To r � � ' . Committee: Date � Out of Commit:e° By r Date . - An ordinance providing for the Iicensing and re�Iation of child day care centers in the city o� Saint Paul; amending �the Saint Paul - Legislative Code by addino a chap�er. . � - � THE COLTi\TCII. OF T'.dE CITY 0�' SAIN'T PAUL DOES ORDAIN: � � � . ' Section I. � - � That the Saint Paul Legisia�ive Code, as amended, be � • and the same is h�retiy further amended by adding �a chap�er to read as follows: .. . . CHAPTE� 375. CHILD DAY C�i.RE CE�I�'ERS _ :� �375.OI.7 ��FIIVI'TIONS.7 • . Subdivision 1. /fiEP.MS o7 For the� purposes oi . . � this chapter, tne terms defined iri this section . � � . sha11 havz the meani�os ascribed to _them. Subd. 2. �I;ILD DAY CARE GENTER OR CEITER.7 "Chilc� day care c�nter" or "cente�" means any facility� oth.er than a private. home i,rhich provides , for compeasation or othe�aisz, -day or nig�!� care for s.ix or more children, at any on� �.in�, t•;�o � are und�r I2 years of age axid nat m°�'.'?�2?=S of �Ze f�::ily oi tne 0�2?"StOZ' or cttstodian i� charoz, for p�riods of less tha� 24 �.ours p�r day, T':e . tern inc3udes , but is not limited to , progra^s . for children kno��m as nursery schools , day nurseries , cniZd care centers , hospizal cente�s, . � COU�+CILbiEN � " Yeas Na}�s � i . :F'•`�1L�st°d bl D°pa:trzent oE; .:{ . Fl�tchsr ' • Drr.v In Favor � � � / l.:asanz ' j/�/ t11�O5�a pgainst �Y�— �� "� 5..h3i`�a{ / � TeJssco 1t/ilson ' , � �--� Forn .f,�p prov '3 b}� .:� y Atto:ney Adoated by Ce_:�cil: Date 11 �� `� 3{ CertiEi�d P.�ssed b}' Counci! Secret�ry PY� -- �� . _ -"`�— — / A� •_ . � � APt roved b� �,i�}•�r fo: $��b�iss;o� .� Co::r.cet r.c�:oved bv ' ��:��r: n;�.r ..__ . - : . •' " = �%'� `. ��` .. , . _ ` " - . � ` . . `�-�� • -, . . �. . ' , � � Page 2 . . � , public and.priv4te school cen�ers, pla� grou�s , day care cen�ers ior school age children, aT�er school prograrns , infant day..care ce��ers, cooperative day care centers ; and Head S�ar� prograrus. The terri does not includ un�ay - � � schools, . ciay camps, religious �+car�s, �acilities . used for clu� or. organizat?ozt mee�inos t�r!erz such clLb or o�gar.ization regularly mzets no � more than once a. week, nor does it incluc�e - casual babysitting on an unsche�ule� and ' interraittent basis. � . � .''Subd. 3. /ALALTH OFFICER'_7' t�Heal.th o=ficer" .- . means the public heal�h services manager of - • t�he division of public health, departmQnt of � • commuriity services of the city of Saint Paul � . or the authorized repres�ntative o� sa�c� pLblic � health services manager. . . . �. •/-375.OZ .7 /LICE�?SE REQUIRED^7 l�o person s�.all . ' . operate a child day care center .in Saint Pasl - - � +'wit�ho�t a license. • " . ' . /^375.03_7 /FEES.7. Subuivisior� I_ ��i�FtJAS. F�,E.]� - � � _ The annLal fee shall be based on the child ^ � census� as follows: ' . � � � Class A - 6 to I2 children_ . _ . . _ . _ . . . . $35 .CG Class B - I3 to 25 children. _ . . _ . . . _ _ _ 50.00 Clzss C - 26 to 75 ch.ildr�n. . . _ 2 . . _ _ . . 7� .G� � Ciass� D - 76 or mo�re ch?ldren. . _ . _ _ . . _ 150.00 � Subd. 2. /ADDI.TIO\T?,L FEE f Irz ad�itivn to �ne � � anr.ua3. license iee, the applicar_� sh`�1 pay a $50 fee in any of the follo:•�ino circ��stances : _ - • . (1) Upon initia3. ap�Iication for Zicense at a : . location. � (2) Upo� change of ownership o� a f�cility_ � �� . . (3) WnenevEr there is an 'i-ricrease in the c�ild census which tvould result in th e establish- ment of a higher class anrual fee. . � � ) � ev � th s�. I at--- or r air (� �L� � �f �1 e , e $ n ' .o�- -°�' i #�,g � t e d �,- , _ . :. �;,�:�� -�� - • � �age 3 . � � :Ja7/'� � � T'nis $50 fee is not subject to refuncl. , / 375 :04_7 �ICE�?S�I�'G REQliIR�.��\TS .�i:D P�tOC��U�.S ,% . � ^ - Subdivision Z. /APPLICATION.]� In addition � . ' - to �he iniornation required by sec�ion 310.02, ' the application shall state the exac� loca�?oa � � .of the building or buildinos and the part o= = parts of the �build�ng or buildings intended to • . be used in the conduct oi the business t�.:�de� � �'�� the license, whether o= not the ap�Iican� h?s ' ' ��at any previous time engaged in a child day care. business witnin the c�ty oi Saint Paul, and, if so, when and where. • � ' . Subd. 2. /�EPARATE LICENSE FOR EACH LOCATIOi�I.7' ~ . A .separate iicense is requ'ired for each locatiori. � �,Subd. 3 . -/INStiRAhCE.7 I�TO lic�nse shall be . - ' .,__�.ssued or =ezes,�red un�i1 the. applicant shall � �� ' � ��ave iiled evidence of. instrance conio?-�.ino ' ' . to the requirements of chap�ers 7 and 8 of • � . this code and providing pLblic Iiabilit�.r � �� coyerage in mininu�n ariount of $300,000 for - injuries or damages to persons or proper�y. ' . • , - . � �i .► • ' , ' � ` � `�\ . - � f . . . . � r . � Page 4. ' � . ' Sub�. 4. �/Ir:SPECTIOV BY DIV�SIOiJ OF PL�BLIC � � HEALTH_]` A copy of all. child day care IiczrLse applications shal.i be referred �o the health ofzicer for reviesv. Aft�er the repor� and � � �recommendation of the healtiz ofricer have be�rc . received by the insp�ctor, the izispector may � � . � grant or deny sLCh application irc accordance � � . � zvith the .provisions of these chagters. , � ' Subd_ 5. �CHA1�'GE IN CHILD �CE�ISUS; N�E7rT 0��1r,RSH►_P- . R�IODELING OF °�Ei�±ISES.� Zvne�evzr thzre is z ? :. change in the oi,znership of a faci.Iity; �anen2ver � ``there is an increase in tlie child census which ' ' would result iri thz establisnmz�.t o� a higher � � - . fee; .a,,��h��---�- ��,_.:�.. � , � . . _ ��- r . i . � , and in eacn. such instance, ' - the licensee sha11 prompLly noti?=y thz healtn ' ' oificer sv that any necessary ir�spec�ion a�d - . . inves�igation may be made as though it were an - • original application. � . � /375.OS. /�EGUL�TIOI;S.7' �� - . Su�d�vis ian 7.. /C0��PLIANCE SJ'ITK A�PI..ICA3LE LA,dS, � RUi.LS AND REGULAZIO�IS:�" No persan sha11 opera�e � a child day care center that is not in compliance with all applicable laws , rules, and regulatio�s, ir_cludi�g this chap�er ard -Cn��o�- 33 , BLildir_o ' � Code; Cnap��r 34, 2�fi�.imu:-a Housir� S�a�dards ; � 55��t2r 35, Sarety Lo Life Req��rz:nenrs ; Chapter , Fira C�c�e; Chapter 60 , Zon��o Coc`; �.nQ . Caapter 33I, Fcod ordinance. - : For good cause shot��, the health ofii�er may • grant a variancz fron the equip��_lt s�andards ' . provided for zn chapter 331 �J�I2T_I IZ or f ez�er . � � • children are served. � Subd_ 2_ �OSTII�'G OF. LICE�TS��.% Each Iice�s ee shall keep the license grante3 he�eund�r pronin�n�I.�T posted on the pr2mises. ' - . Su�d. 3. /RULES AND �EGULATIONS: DIVISION OF PUBLIC HEALTH_7 The hea 1 th of i icer may pro:nulgate _ � ` . �st � -'�G '�`I� r 2nd � `7 '-� ' �`� 3rd 7 " �5 "f'7 Adopted ��"�—� Yeas NgyB � 1��`� DREW �� FLETCHER �/�� r�asaNZ � 1 � NICOSIA - SCHEIBEL � WILSON MR, PRESIDENT TEDESCO