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HomeMy WebLinkAboutORDINANCE - 1775 - 1/28/1986 - DAY CARE CENTER ORDINANCE, AMENDEDORDINANCE NO. 1775 CAN ORDINANCE AMENDING ARTICLE XXVI DAY CARE CENTERS OF CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Article XXVI, Day Care Centers, of Chapter 18 of the Municipal Code of the Village of Elk Grove Village be and the same is hereby amended to read as follows: ARTICLE XXVI DAY CARE CENTERS 18.2601 Definitions: a. Day Care Center. Day Care Center means any child care facility which regularly provides Day Care for less than twenty-four (24) hours per day for more than three (3) children in a facility other than a family home. b. Regulatory Authority.- Regulatory Authority shall mean the Village of Elk Grove Village Health Department or an authorized representative thereof. 18.2602 LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to conduct, engage in, operate, carry on or manage a Day Care Center either by himself or through an agent, employee or partner, without first having obtained a license as is herein provided. 18.2603 APPLICATION/INVESTIGATION/RESTRICTIONS. An application for a license under this Article shall be made in conformity with the general requirements of this Chapter relating to application for licenses. Such applica- tion shall contain (a) the location of the Day Care Center L r for which a license is sought; (b) the name and address i\ of the applicant if an individual and if a firm, partnership or association, the name of every member thereof, and in the case of a corporation, the principal address of the corporation and name and address of its officers; (c) the name of the person or persons under whose management or supervision the Day Care Center will be conducted; and (d) such other information as deemed necessary by the Village to ensure compliance with the provisions of this Article. Upon receipt of an application for a Day Care Center License, the regulatory authority shall cause an investigation to be made with respect to the eligibility of the applicant for such license. Said investigation shall include inspections by the Health Department, Building Department, Fire Department and Police Department to ensure compliance with the provisions of this Article and applicable Building and Fire Prevention Codes of the Village. No such license shall be issued to: a) A person who is not of good character and reputation in the community in which he resides. b) A person who has been convicted of a felony under any federal or state law. {\ c) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality. d) A person whose license issued under this Chapter has been revoked for cause. e) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license under a first application. f) A partnership unless all members of such partnership shall be qualified to receive a license. g) A corporation, if any officer, manager, director or any stockholder owning more than five (5%) percent of the stock of the corporation would not be eligible to receive a license hereunder. 18.2604 EMPLOYEE PERMIT. Any person employed by or who works as a volunteer in a Day Care Center shall obtain an employee permit from the -2- }r regulatory authority. No such permit shall issue to any i\ employee who is deemed ineligible or unqualified under the requirements and regulations of this Article. It shall be the responsibility of the Licensee to ensure that all persons working at the licensed premises have current employee permits. 18.2605 ADDITIONAL INVESTIGATIONS/CRIMINAL HISTORY. In order to ensure that all licensees and employees are qualified to render care to young children, the Village of Elk Grove Village Police Department shall conduct a criminal record search of all applicants for a license and for employee permits. A license or permit may be denied if the criminal record transcript indicates that the appli- cant: a) Lacks good character and reputation in the community, which character and reputation may be determined by a previous arrest record, associa- tion with persons known to lack good moral character, open and notorious adultery, or other acts of moral turpitude, or other conduct contrary to good morals. C b) Has been identified through circuit court (juvenile, criminal, civil) proceedings as having been a perpetrator of child abuse, child neglect, or child sexual abuse or any individual who has been identified in the investigatory process in accordance with the Abused and Neglected Child Reporting Act (Ill.Rev.Stat. 1981, Ch. 23, Pars. 2051 et seq.) as having been a perpetrator of an indicated incident of child abuse, child neglect or child sexual abuse. C) Has been convicted of a felony. d) Falsified an application for a license or a permit issued hereunder. 2606 REGULATIONS. a) The premises and facilities used in a Day Care Center shall comply with all building, zoning, fire, health and sanitation regulations of the Village of Elk Grove Village. -3- C b) There is hereby adopted the Licensing Standards for Day Care Centers as promulgated by the Illinois Department of Children and Family Services and any amendments thereto as additional licensing requirements of the Village with the same force and effect as if fully set forth herein, three (3) copies of which are on file and available for inspection in the Office of the Village Clerk. Said Licensing Standards are hereby amended as follows: 1) Delete Sec. 407.10(1) and add the following: (I) The Center shall have at least one (1) staff member trained in the administration of first aid on duty at all times. 2) Add a paragraph (9) to Sec. 407.18 which shall read as follows: (9) Upon arrival and departure, the child shall be signed in and out by the child's parent(s), guardian or by the person designated in writing by the parent(s) or guardian. The sign -in -out sheet shall be placed at the entrance to the Day Care Facility. (` 3) Delete Sec. 407.27(B) and add in its place the following: (B) Nursing Consultation. Facilities caring for five (5) or more infants shall arrange for regular consultation to include at least one (1) monthly on-site visit by a Registered Nurse trained or experienced in the care of young children. In collaberation with the Agency's Administrative Staff, the Nurse shall be responsible for advising the Agency on the operation of the infant care program and on the implementation of the child health program. The Nurse's name and telephone number shall be posted or otherwise available in the Agency. 4) Delete Sec. 407.27(C)l, (C)7, (C)8, and (C)15 and add in their place the following: (C)l.a. INFANT AND TODDLER ROOM REQUIREMENTS - EXISTING ESTABLISHMENTS. 1. A fixed bowl or basin with hot and cold running water, and with soap and towel dispensers -4- shall be provided within the confines of the infant and toddler room. 2. A separate, enclosed room for infants and toddlers shall be required, as follows: i. A separate, enclosed room made from floor to ceiling room dividers approved by the Village of Elk Grove Village Building Department, Fire Department and Health Department may be constructed and used for five (5) years from date of this Ordinance. Examples of approved room dividers would include: 1. Modular type room dividers 2. Snap -in wall units 3. Accordian type room dividers ii. Five (5) years from the date of this Ordinance, a separate enclosed room shall be required with permanent walls from floor to ceiling approved by the Village of Elk Grove Village Building Department, Fire Department and Health Department. 3. Within thirty (30) days from the date of t\ this Ordinance there shall be a heating unit for warming bottles and food, accessible only to adults, within the confines of the infant and toddler room. 4. Within thirty (30) days from the date of this Ordinance there shall be a refrigerator, accessible only to adults, within the confines of the infant and toddler room. 5. Within thirty (30) days from the date of this Ordinance, a plastic lined, toe controlled, covered receptacle shall be provided within the infant and toddler room for soiled diapers. (C)l.b. INFANT AND TODDLER ROOM REQUIREMENTS - NEW ESTABLISHMENTS. This Section applies to any new Day Care Center that would care for infants and toddlers and existing Day Care Centers that are not licensed by the State of Illinois for infants and toddlers at the time this Ordinance goes into effect, but decide to accept infants and toddlers after this Ordinance is in effect. -5- 1. A separate, enclosed room, with permanent walls from floor to ceiling, for infants and toddlers shall be required. 2. A fixed bowl or basin with hot or cold running water, and with soap and towel dispensers shall be provided within the confines of the infant and toddler room. 3. A washroom with watercloset shall be provided within the confines of the infant and toddler room. 4. There shall be a heating unit for warming bottles and food, accessible only to adults within the confines of the infant and toddler room. 5. A refrigerator, accessible only to adults, shall be provided within the confines of the infant and toddler room. 6. A plastic lined, toe controlled covered recepticle shall be provided within the infant and toddler room for soiled diapers. 5) Delete Sec. 407.31(J)6 and add in its place the following: (J)6 Portable wading pools, splash pools and other basins used for water play shall not be allowed. 6) Amend Sec. 407.31(N) by adding paragraph (8) which shall read as follows: (8) When a Day Care Facility has more than one (1) level, proper gating or restraining devices shall be provided at the top and bottom of all stairways. 18.2607 INSPECTIONS. It shall be the responsibility of the Regulatory Authority, Building Commissioner and Fire Chief to make or cause to be made such inspections to ensure compliance with the provisions of this Article and all other Ordinances relating thereto. At least once every three (3) months the Regulatory Authority shall inspect each Day Care Center within the Village of Elk Grove Village and shall make as many addi- M-M tional inspections and reinspections as are necessary for the enforcement of this Ordinance. a) Right of Entry: The Regulatory Authority or his/her designated agent, after proper identification, shall be permitted to enter at any reasonable time any Day Care establishment in the Village of Elk Grove Village, Illinois, for the purpose of making inspections to determine compliance with this Ordinance. He/she shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to public health and safety. b) Report of Inspection: Whenever an inspection of a day care establishment is made, the findings shall be recorded on an inspection report. One copy of the inspection report form should be furnished to the person in charge of the establishment, and the licensee if other than the person in charge. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified. If an imminent health hazard exists, the establishment shall immediately cease operations. Operations shall not be resumed until authorized by the Village of Elk Grove Village. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of Day Care operations. 18.2608 PLAN REVIEW OF FUTURE CONSTRUCTION. 1. Whenever a Day Care establishment is constructed or remodeled and whenever an existing structure is converted to use as a Day Care establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the Regulatory Authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of child areas, and the type of model of proposed fixed equipment and facilities. -7- C 2. The Regulatory Authority shall approve the plans and specifications, if they meet the requirements of this Ordinance. No Day Care establishment shall be constructed, remodeled, or converted except in accordance with plans and specifications approved by the Village of Elk Grove Village Departments of Health and Building. 18.2609 PROCEDURE WHEN INFECTION IS SUSPECTED. When the Regulatory Authority has reasonable cause to suspect the possibility of disease from any Day Care establishment employee, which disease is contagious or the transmission of which is injurious to the health of the children occupying the Center, it shall secure a morbidity history of the suspected employee or make any other investigation as may be indicated, and take appropriate action. The Village of Elk Grove Village may require any or all of the following measures: a) Immediate revocation of the employee's permit. b) Immediate closure of the Day Care establishment until, in the opinion of the Regulatory Authority, no further danger of disease outbreak exists. c) Restriction of employee's services to some area of the establishment -where there will be no danger of transmitting disease. d) Adequate medical and of the employee or other or their body discharges. laboratory examinations employees and of his/her 18.2610 EXAMINATION AND CONDEMNATION OF FOOD AND/OR EQUIPMENT. a) Food. Food may be examined or sampled by the Regulatory Authority as may be necessary to determine freedom from adulteration or misbranding. The Regulatory Authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to move or alter a hold order notice or tag placed on food by the Regulatory Authority. Neither such food nor the containers thereof shall be relabeled, repackaged or reprocessed, altered, disposed of, or destroyed without permission of the Regulatory Authority, except on an order by a court of competent jurisdiction. After the owner or person in charge has had a hearing, and on the basis of evidence provided at such hearing, or on the basis of examination in the event of written request for a hearing is not received within ten (10) days, the Regulatory Authority may vacate the hold order or may, by written order, direct the owner or person in charge of food which was placed under the hold order to denature or destroy such food or bring it into compliance with the provisions of this ordinance. Such order shall be stayed if the order is appealed to a court of competent juris- diction within three (3) days. b) Equipment. Where equipment is found to be in a state of disrepair, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and a hold order placed on said items by the Regulatory Authority. Such equipment may not be put back into service until written permission is obtained from the Regulatory Authority. It shall be unlawful for any person to move or alter a hold order notice or tag placed on equipment by the Regulatory Authority. Such equipment will not be altered, disposed of or destroyed without permission of the Regulatory Authority except on an order in a court of competent juris- diction. After the owner or person in charge has had a hearing, and on the evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within ten (10) days, the Regulatory Authority may vacate the hold order or may by written notice direct the owner or person in charge of the equipment which was placed under the hold order to remove such equipment or bring it into compliance with the provisions of this Ordinance. Such order shall be stayed if the order is appealed to a court of competent juris- diction within three (3) days. 18.2611 SUSPENSION/REVOCATION/HEARING. a) A license or permit may be denied, suspended, revoked or not renewed for failure to comply with the provisions of this Article for any of the following reasons: 1. Obtaining or attempting to obtain a permit by fraudulent means or misrepresentation, 2. Permitting, aiding or abetting the commission of any illegal act on the premises, 3. Permitting, aiding or abetting the abuse, neglect, exploitation or cruel or indifferent care to persons under care, 4. Repeatedly providing insufficient personnel relative to the number and types of persons under care or allowing persons unqualified by training, experience or temperament to care for or be in contact with the persons under care. 5. Failure to provide adequate supervision to persons under care, 6. Refusal to admit authorized representatives of the Village of Elk Grove Village or Fire Department to inspect the premises, and 7. Refusal to permit authorized representatives of the Village of Elk Grove Village to obtain pertinent information pertaining to public health and safety, or to permit them to interview agency staff and clients. ( b) Suspension of License. Licenses may be suspended temporarily by the Regulatory Authority for failure of the Licensee to comply with the requirements of this Ordinance. Whenever a License holder has failed to comply with any provisions of this Article, the License holder shall be notified, in writing, that the License may be subject to being suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Regulatory Authority by the permit holder within five (5) days of the receipt of such notice. L Upon suspension of the License, the License shall be removed from the establishment. Notwithstanding the other provisions of this Article, whenever the Regulatory Authority finds unsanitary or other conditions in the operation of a Day Care Center which in his/her judgment, constitute a substantial hazard to the public health, he/she may without warning, notice, or hearing, issue a written notice to the License holder citing such condition, specify the corrective action -10- to be taken, and specify the time period within which such action shall be taken and if deemed necessary, such order shall state that the License is immediately suspended, and all operations at the Day Care Center are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Regulatory Authority shall be afforded a hearing as soon as possible. Any person whose License has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the License. within five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the License have been corrected, the Regulatory Authority shall make a reinspection. If the applicant is complying with the requirements of this Ordinance, the License shall be reinstated. c) Revocation of Licenses. For serious or repeated violations of any of the requirements of this Article, or for interference with the Regulatory Authority in the performance of his/her duties, the License may be permanently revoked after an opportunity for a hearing has been provided before the President and Board of Trustees of the Village. Prior to such action, the Regulatory Authority shall notify the License holder, in writing, stating the reasons for which the License is subject to revocation and advising that the License shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the Regulatory Authority, by the License holder, within such five (5) day period. A license may be suspended for cause pending its revocation or a hearing relative thereto. d) Hearing. The hearings provided for in this Ordinance except for revocation hearings, shall be conducted by the Regulatory Authority at a time and place designated by it. The Regulatory Authority shall make a final finding based upon the hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the License by the Regulatory Authority. Appeals C from the decision of the Regulatory Authority on orders of suspension and all hearings with respect to revocation shall be before the President and Board of Trustees. ` 18.2612 LICENSE/PERMIT FEE. The annual license fee for Day Care Centers shall be One Hundred ($100.00) Dollars for each such License. No fee shall be charged for an employee permit. 18.2613 PENALTY. Any person, firm or corporation violating the provisions of this Article shall be subject to a fine of not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each violation, and a separate violation shall be deemed committed on each day a violation occurs or continues to exist. In addition thereto, the Village may proceed by injunction in the Third Municipal District of the Circuit Court of Cook County or the Chancery Division of the Circuit Court of Cook County to enjoin any violation of this Article which is deemed by the Village to be injurious to the health, safety and welfare of the occupants of the License premises. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: NAYS: ABSENT: ATTEST: Patricia S. Smith Village Clerk APPROVED: Charles J. Zettek Village President PASSED this 28th day of January , APPROVED this 28th day of January PUBLISHED this 315t day of January' , form. _i'_ 1986. 1986. 1986, in pamphlet