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Home My WebLink AboutORDINANCE - 1438 - 2/17/1981 - LICENSING IN HOME DAY CARE CENTERSORDINANCE NO. 1438 AN ORDINANCE AMENDING CHAPTER XVIII OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY PROVIDING FOR THE LICENSING OF IN HOME DAY CARE CENTERS. WHEREAS, the Village of Elk Grove Village is a Home Rule Municipality as defined and set forth in the Constitution of the State of Illinois; and WHEREAS, as a Home Rule Muncipality, the Village is authorized to adopt such ordinances or enact such legislation pertaining to its government and affairs as is reasonably necessary to insure the health, safety and welfare of its residents; and WHEREAS, In Home Day Care Centers when viewed as a zoning use, which use, involving the caring for and the overseeing of children or groups of children in normal daytime activities, is clearly compatible and essentially similar to family activities and activities normally associated with a residential zoned area; and WHEREAS, notwithstanding the fact that fees will be charged and paid for such child care service, the similarity in use between such centers and residential uses clearly distinguishes such use from Home Occupation Uses, which uses are and will hereafter be deemed to be prohibited in all residential zoned districts; NOW, THEREFORE, 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 Chapter XVIII licenses and permits of the Municipal Code of the Village of Elk Grove Village be and the same is hereby amended by adding thereto a new article entitled "In Home Day Care Centers", which article shall read as follows: Article LIII - In Home Dav Care Centers 18.5301. Definitions) Any family home in which two or more children, not of common parentage, are received for care during the day, provided that such Centers shall be limited to a maximum of eight children which number shall include the family's natural or adopted children or other children resident in a home under age sixteen. 18.5302. License Required) It shall be unlawful for any person, firm or corporation to conduct, main- tain, operate or carry on an In Home Day Care Center without first having obtained a license as is herein provided. 18.5303. Application) An application for a license shall be made to the Village upon forms provided by the Village Clerk, and shall contain such information as is necessary to ensure compliance with the provisions of this Article and with the Licensing Standards for Day Care Homes prescribed by the Office of Child Development of the Illinois Department of Children and Family Services as hereinafter adopted by reference. All information contained on said application must be current and any changes therein must be reported to the Village Clerk within two (2) weeks of any such change. 18.5304. Additional License Required) In addition to the license requirement contained herein, each Center must be licensed by the Illinois Department of Children and Family Services. Pending the issuance of a State License, operation of a center with a state permit shall be permitted provided an application for a Village license has been filed. 18.5305. Adoption of Rules by Reference) The Village hereby adopts the License Standards for Day Care Centers prescribed by the office of Child Develop- ment of the Illinois Department of Children and Family Services and any amendments thereto as additional licensing requirements of the Village with the same - 2 - 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: A. That paragraph 17 pertaining to Safety of the Physical Facilities is amended by adding the following requirements, which requirements when contra- dictory to or inconsistent with other safety require- ments therein set forth shall take precedence: 1. In existing buildings, the electrical wiring shall be sized to provide for the load. Electrical appliances shall be grounded in accordance with The National Electrical Code, NFPA70. Receptacles and outlets serviced by extension cord -type wiring are prohibited. 2. Unvented room heaters shall not be permitted. Oil and gas fired room heaters shall be installed in accordance with applicable standards pertaining thereto. 3. No stove or combustion heater shall be so located as to block escape in case of malfunctioning of the stove or heater. 4. At least one operable flashlight shall be pro- vided at each level of occupancy, accessible to the staff for use in the event of a power failure. 5. In a one or two family dwelling or building used for child care purposes, every room used for sleeping, living or dining purposes shall have at least two means of egress, at least one of which shall be a door or stairway -providing a means of unobstructed travel to the outside of the building at street or ground level. No room or space shall be occupied for living or sleep- ing purposes which is accessible only by a ladder, folding stairs or through a trap door. - 3 - 6. Where children are located on a floor (base- ment) below the floor of exit discharge, at least one exit shall be provided directly to the outside at ground level. No facility shall be located more than one story below the ground. 7. Every stairway shall comply at least with the minimum requirements for Class B stairs, in respect to width, risers, and treads as set forth in the NFPA Life Safety Code, 1976 edition, Section 6-2.1.5, and shall be maintained free of items of storage. 8. Each door in a means of egress shall be not less than 24 inches wide. 9. Every closet door latch shall be such that children can open the door from inside the closet. 10. Every bathroom door lock shall be designed to permit the opening of the locked door from the out- side in an emergency and the opening device shall be readily accessible to the staff. 11. The interior finish in means of egress shall be Class A or B in accordance with NFPA Life Safety Code, 1976 edition, Section 6-2.1.5. 12. The installation of one or more basic smoke detectors plus additional heat or smoke detectors as follows: (a) A basic smoke detector shall be installed to protect each separate sleeping area. (b) Smoke detectors shall be installed in the furnace room and/or basement as approved by Fire Prevention Bureau of the Village. (c) Smoke detectors shall be installed in accordance with NFPA 74, 1978 edition, Chapter 2. 13. A portable fire extinguisher suitable for Class B fires shall be provided for the kitchen and cooking areas. B. That paragraph 18 pertaining to Kitchens shall be amended by adding thereto the following: - 4 - "All licensed day care homes must comply with applicable sections of the Elk Grove Village Food Service Sanitation Ordinance, a copy of which is attached hereto as Exhibit "A" and incorporated herein. 18.5306. Inspection) The Health Department, Building Department and Fire Department are hereby authorized and directed to make such inspections as are necessary to ensure compliance with the provisions of this Article. It shall be the duty of the licensee to admit onto the premises, any officer, employee or agent of the Village who is authorized or directed to make such inspection at any reasonable time that admission is requested. The Health Depart- ment shall be responsible for coordinating all annual inspections and any periodic inspections which may be required to insure compliance with this Article. 18.5307. License Fee) The initial annual license fee for In Home Day Care Centers shall be Fifty ($50.00) Dollars and the annual renewal fee for such license shall be Twenty-five ($25.00) Dollars. 18.5308. 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 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 licensed premises. - 5 - 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 publica- tion according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Fay M. Blshopi VILLAGE CLERK PASSED this 17th day of APPROVED this 17th day of PUBLISHED this 25th day of in pamphlet form. February February February 1981. 1981. 1981,