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Proposed Changes to the Fairfax County Home Child Care Facilities Ordinance

The public hearing to address the proposed changes to the Fairfax County Home Child Care Facilities Ordinance was held on Feb. 28. The Board of Supervisors has asked the Office for Children to provide additional opportunities for the family child care community to comment on the proposed changes. We hope you can attend one of the community meetings:

Below is a summary of the proposed changes to the ordinance. If you are a family child care provider with a Fairfax County permit and you have questions or comments about the ordinance, please contact your child care specialist. We look forward to hearing from you. Thank you.

Families and Community:

Chapter 30, Article 3 of the County Code regulates Home Child Care Facilities in which a person cares for five or fewer children. The ordinance is intended to protect the health and safety of children who receive care in family child care homes.

A summary of the proposed changes to the ordinance is listed below. If you have questions or comments we'd like to hear from you. Please contact the Office for Children, Community Education and Provider Services Division at 703-324-8000 or 8100, TTY 711. Thank you.

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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 6 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.

Currently, the ordinance does not allow for substitute care. This proposed new section will require an amendment to the Zoning Ordinance, Article 10, Part 10-103 so that both ordinances will be aligned regarding substitute care. The Department of Planning and Zoning intends to present the Zoning Ordinance amendment to the Board on March 20, 2012. Accordingly, Section 30-3-4.1 has a contingent effective date.

Section 30-3-6 q & r: Physical facilities, equipment and operation
The addition of regulations for swimming and wading activities including:
- The provider and another adult 18 years or older shall be present and able to supervise the children.
- The home child care facility shall annually obtain written permission from the parent of each child who participates.
- The provider must obtain 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.
- An individual certified in basic water rescue, community water safety, water safety instruction, or lifeguarding must be on duty to supervise children. The certification shall be obtained from a national organization such as the American Red Cross or the YMCA.

The addition of a drowning hazard safety policy:
- 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.
- Hot tubs, spas, and whirlpools shall not be used by children in care, and shall be covered with safety covers while children are in care.

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.