Proposed Child Care Ordinance Amendment Works its Way Through County Process, Board Discusses At Meeting
Proposed Child Care Ordinance Amendment Works its Way Through County
Process, Board Discusses at Meeting
Staff continues to develop options for amending the Zoning Ordinance
to allow up to 12 children to be cared for in a single family home if
otherwise approved by the Commonwealth of Virginia. Right now the maximum
number of children allowed in Fairfax County is ten. On October 2, County
staff briefed the Board at its Development Process Subcommittee on its
current findings. The Board learned, for example, that Loudoun County
allows up to nine children, but includes providers’ children in that
count. Prince William allows up to nine children on larger lots
(otherwise five children are permitted); and Montgomery County allows up
to eight in most residential districts and up to 12 in some, but includes
providers’ children in those counts (Fairfax does not count providers’
children). On October 9, the Child Care Advisory Council was also
briefed. To date, staff has developed a shortened/simplified Special
Permit Application Package and reviewed “contact with the zoning
administrator” forms for 74 providers who are currently licensed for up
to 12 children. At this time, the Board hopes to authorize a public
hearing in late November or early December for a hearing before the
Planning Commission January 16, 2013 followed by a Board of Supervisors’
hearing in February.
A public hearing to address the proposed changes to the Fairfax County
Home Child Care Facilities Ordinance was held on February 28.
Additionally, this information was presented at public meetings in April
and July. There are additional proposed amendments to the Home Child Care
Facilities Ordinance:
Section 30-1-1: Barrier offenses
The list of offenses that bar an applicant from obtaining a County
home child care permit have been updated so that they are the same as the
offenses that bar an applicant from receiving a state child care license.
Section 30-3-2 a: Annual permit application, issuance or denial
The provider and all adult household members will be required to
have a TB screening bi-annually. Currently the provider is the only adult
in the household required to have a TB screening every two years.
Providers will be required to have a written emergency preparedness
plan.
Section 30-3-4 b: Operator Qualifications
All new and renewing providers will be required to complete 16 hours
of training annually. The new requirement will be phased in over a
three-year period. Currently, new providers are required to complete 12
hours of training annually; renewing providers are required to complete
six hours of training annually. The new requirement would bring
County-permitted providers into parity with state-licensed child care
providers, who must complete 16 hours of training annually.
Section 30-3-6 c: Physical facilities, equipment and operation
Providers will be required to provide adequate space for each child
to allow free movement and active play indoors and out.
Providers are currently required to provide a crib for overnight care.
The proposed amendments also would require the provider to provide
appropriate sleeping equipment during rest times as identified by the
United States Consumer Product Safety Commission.
Additionally, staff proposes adding the following new
sections/items:
New Section 30-3-4.1: Substitute Care Providers
When a provider must be away from the home child 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. All substitutes must: pass criminal background checks, be
certified in first aid, be certified annually in CPR and receive a TB
screening every two years.
Section 30-3-6 q & r: Physical facilities, equipment and
operation
The addition of regulations for swimming and wading activities.
New Section 30-3-6-1: Home child care facility fire safety
requirements
The Fire and Rescue Department has updated all fire safety items,
currently Chapter 30, according to Fairfax County Code Chapter 62: Fire
Protection Code. All fire safety items have been grouped into a new
section. New requirements included in the proposed amendments include the
following:
- A landline telephone will be required.
- Carbon monoxide alarms will be required.
- Stored machinery must be inaccessible to the children in care.
- Any room used as a sleeping area must have two means of exit, as
required by the Virginia Uniform Statewide Building Code.
- Inspections will be required for fireplaces and wood stoves.
Some of the proposed amendments to the ordinance will result in additional costs to the provider. These include the requirement that additional adults in the household have a TB screening, CPR be renewed annually, the provider have a landline telephone, the provider have a carbon monoxide alarm in the home, and fireplace and woodstove inspections and cleaning if applicable. For additional information regarding the proposed amendments please go to http://www.fairfaxcounty.gov/ofc/proposed-child-care-ordinance-changes.htm.


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