HomeMy WebLinkAboutORD 2846IMTRUMENTNO. M
BILL NO. 31
ORDINANCE NO. 2846
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 9 OF THE CALDWELL CITY CODE
WHICH IS THE HOME OCCUPATION ORDINANCE; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10
OF THE CALDWELL CITY CODE WHICH IS THE DAYCARE ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. Chapter 10, Article 2, Section 9, regarding the city's home occupation ordinance, shall be amended
as follows:
Section 10- 02- 09(4)F. Not more than one -fourth (1/4) of the gross area of the dwelling (excepting hsme
daycares and preschools which shall
comply with requirements as outlined in section 10 -02 -10 of this chapter shall be used for said home
occupation, with the following stipulations:
Section 10- 02- 09(4)N.
fiFe -dam - An inspection conducted by the planning and zoning department shall be required to veri
compliance with requirements in chapter 10 of city code and the applicant shall pass said inspections, prior to
issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.
Section 10 -02- 09(7): All home occupation permits, including those in existence prior to and upon the effective
date hereof, shall be subject to scheduled or unscheduled annual inspections for compliance and renewal by the
planning and zoning department and the fiFe depaFtmen and permits shall be renewed subject to passing of all
inspections. Permits shall be compliant with all federal, state and city codes and regulations in place at the time
of inspection. Permits found to be noncompliance upon annual inspection shall not be renewed but shall be
revoked by the planning and zoning director or his /her authorized designee if compliance is not accomplished
within thirty (30) days of notification of noncompliance. The planning and zoning fee for the annual renewal of
home occupation permits, as well as any applicable inspection fees, shall be paid upon submittal of the renewal
application and shall be the amount set forth by city council through resolution.
Section 2. Chapter 10, Article 2, Section 10, regarding the city's daycare ordinance, shall be amended as
follows:
Section 10- 02- 10(2)Q: All daycare centers, family /group daycare homes and preschools, including those in
existence prior to and upon the effective date hereof, shall be subject to scheduled annual inspections for
renewal and unscheduled, random inspections for compliance with city code by the planning and zoning
department and the fire department. Permits shall be compliant with all applicable city codes
and regulations in place at the time of inspections. Permits found to be noncompliant upon annual inspection
shall not be renewed until such time that compliance has been accomplished and inspections have been
approved. . Permits found to be noncompliant
upon random inspections shall be revoked immediately and shall not be reinstated until all applicable federal,
state and city codes have been met. Requirements for the fire inspection shall be those outlined in the
International Fire Code. In the event the International Fire Code does not have requirements (specifically for
those facilities with five (5) children or fewer) the fire inspector shall check for the following: one currently-
serviced portable fire extinguisher (minimum 2A -106C) mounted securely in the kitchen area that is visible and
does not exceed five feet from the floor to the top of the extinguisher: working smoke detectors on the ceiling or
wall outside each separate sleeping area or in the immediate vicinity of the bedrooms as well as a smoke
detector in each room used for sleeping purposes; one required exit not less than 32 inches of clear exit width
and not less than six feet eight inches in height: and, address numbers posted in a location on the outside of
the house that is readily visible from the street and the numbers are a minimum of four inches in height and the
numbers are a color that contrasts or stands out from the color of the house. Renewal fire inspections must
occur within four (4) months of t he expiration date of the city- issued daycare permit.
Bill No. 31 (daycare ordinance amendment) Page 1 of 3
Section 10- 02- 10(3)B. An i1ndividual city department inspections scheduled and conducted by the planning and
zoning department shall be required after submittal of the application. The applicant
shall pass all city - required inspections and all state - licensed daycare facilities shall pass fire inspections as
required by both the state and the city, prior to issuance of a the first and original daycare permit. All applicable
city and state codes must be met to obtain a daycare permit.
Section 10- 02- 10(3)C. Prior to issuance of a - the first and original daycare permit, owners and operators, as well
as employees who have direct contact with children, all individuals thirteen (13) years of age or older who have
unsupervised direct contact with children or are regularly on the premises or reside in the home of all daycare
centers, family /group daycare homes and preschools or are considered a caregiver as defined herein, shall
either obtain and pass a complete fingerprinted criminal history check as performed by the department of health
and welfare or shall have applied for a complete fingerprinted criminal history check as performed by the
department of health and welfare and, in which case, shall be passed within two weeks of the date of issuance
of the daycare permit. The criminal history check shall be performed within th+#y (30) ninety (90) days of the
submittal date of the daycare permit application. In the event anyone required to have the completed
fingerprinted criminal history check has had a complete fingerprinted criminal history check in the past, said past
check is not valid for purposes of the daycare permit application unless said past check was performed within
thiFty (30) ninety (90) days of the submittal date of the daycare permit application. Said criminal history check
includes the following:
1. Statewide criminal identification bureau;
2. Federal bureau of investigation (FBI) criminal history;
3. National crime information center; and
4. Statewide child abuse registry.
5. Criminal history checks on those persons under eighteen (18) years of age shall include a check of
the juvenile justice records of adjudications of the magistrate division of the district court, county
probation services and department of health and welfare records as authorized by the minor and his /her
parent or guardian.
Section 10- 02- 10(4)A. The planning and zoning department shall send a renewal application to the
owner /operator of the daycare center, family /group daycare home or preschool no later than ninety (90) days
prior to the expiration of the existing permit. The owner /operator shall submit to the planning and zoning
department the renewal application, with any required attachments as outlined in said renewal application, as
well as the renewal fee and inspection fees and FequiFed GFiFpinal hi6tGFY GheGks prior to the expiration of the
existing permit. A complete criminal history check, as performed by the department of health and welfare, shall
be provided and passed for any new persons requiring a criminal history check in accordance with subsection
(3)C of this section. This means that if, at the date of submittal of the renewal application, there are any
individuals residing in the home who are over thirteen (13) years of age and /or any helpers, employees or
caregivers who did not complete and pass a complete criminal history check for the city when the original
application was submitted, then those individuals will have to complete and pass a complete criminal history
background check within thiFty (30)- ninety (90) days of the date of submittal of the renewal application OF
Fenewed dayGaFe peFrAit will not be issued r within two (2) weeks of the date of issuance of the renewed
daycare permit. In the case of new helpers, employees or caregivers hired throughout the year, said individuals
shall have completed and passed a complete criminal history background within two (2) weeks of the first day of
employment and the city shall receive said information. For those individuals who did complete and pass a
complete criminal history check for the city at the time of original application, a limited background check, as
performed by the state police department, shall be completed and passed within thirty (30) days of the date of
submittal of the renewal application.
Section 10- 02- 10(4)B. Upon receipt of the renewal application, all attachments and fees, approved inspections
and passage of criminal history check and /or limited criminal history checks, the planning and zoning
department shall, upon a finding of compliance with the minimum standards set forth in section, issue a daycare
permit to the applicant. The permit shall be valid for one year and shall be posted in a conspicuous place at the
premises. Renewal applications must be submitted prior to the expiration date of the existing permit to avoid
Bill No. 31 (daycare ordinance amendment) Page 2 of 3
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expiration. Once submitted, the applicant has thirty (30) days from the date of submittal to complete and pass all
required inspections and baGkgFound Gherks, even if this thirty (30) days goes beyond the expiration date of the
existing permit. Failure to accomplish said inspections and baGkgFeuAd GheGks within the thirty (30) day time
frame from date of submittal, however, shall then result in expiration of the daycare permit. Additionally, failure
to, at a minimum, apply for all required background checks within thirty (30) days of the date of submittal shall
result in an expired daycare permit. If background checks have been applied for within the reauired timeframe
and all other requirements have been met and thus the renewed daycare permit is issued individuals have two
weeks from the date of issuance of the renewed daycare permit to pass all required backaround checks In the
event the daycare permit expires, a A new daycare permit application shall then be submitted along with fees
pertaining to a new application and new inspections.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this l �� day of 2010.
APPROVED BY THE MAY PR OF THE CITY OF CALDWELL, IDAHO,
this ( day of , 2010.
ATTEST:
Garret Nancolas, Mayor Debbie Geyer, City Clerk
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