1282.01 Purpose.
1282.02 Definitions.
1282.03 Permit application, issuance, term, renewal, and fee.
1282.04 Permit refusal, suspension or revocation.
1282.05 General standards.
1282.06 Emergency exits.
1282.07 Fire evacuation requirements.
1282.08 Storage of flammable and combustible material.
1282.09 Smoke detectors.
1282.10 Fire extinguishers.
1282.11 Heaters.
1282.12 Electrical outlets and connections.
1282.13 Penalty.
CROSS-REFERENCES:
State law provisions – see Ohio R.C. Ch. 5104
Child day-care centers – see OAC Ch. 5101:2 – 12
Earned income tax – see Ch 880
The purpose of this Chapter 1282 is to provide for the licensing through permit of child day-care homes and to establish minimum fire safety and health standards for child daycare homes. Inspection for compliance with standards set forth herein shall be made by the Geneva Fire Chief or his qualified representative.
(Ord. 2996. Passed 7-13-09.)
As used in this Chapter, the following definitions shall apply:
(a) "Child day-care home" shall mean a permanent residence of the provider in which the child day care is provided for up to six children at one time.
(b) "Provider" shall mean the designated adult who administers in-home day care to children.
(Ord. 2996. Passed 7-13-09.)
(a) Every person who operates or desires to establish a child day-care home shall apply to the Zoning Department for a permit on such form as prescribed by the City. The permit shall be renewed annually and a fee of sixty dollars ($60.00) shall be paid for each permit or renewal thereof. The current permit will expire if not renewed 30 days after its date of issuance. Fees collected under this section shall be paid to the General Fund.
(b) Upon filing for the original permit or a renewal an inspection of the premises by the Zoning Department and the Fire Chief or his or her designee for compliance with all applicable codes of these Codified Ordinances. When, after examination, the Zoning Inspector or his or her representative and the Fire Chief or his or her designee, is satisfied that all requirements are complied with, the application and the Fire Chief or his or her designee findings shall be forwarded to the Planning Commission for review and approval of the original permit. The Zoning Department may approve the permit in subsequent years. The Zoning Department will notify the Planning Commission of any permits granted or denied under this Chapter 1282.
(d) Upon approval by the Planning Commission of the original permit and then by the Zoning Department in subsequent years, a permit shall be issued to the applicant that shall specify the name of the provider and the name of the property owners. The permit shall be valid only for the provider at the address designated on the permit and the permit shall be posted in a conspicuous place at the subject premises. The permit shall not be transferable. The Planning Commission or Zoning Department shall request that the permittee submit to a criminal background check as a condition of issuance of the permit.
(Ord. 2996. Passed 7-13-09; Ord. 3126. Passed 12-9-13.)
(a) The Planning Commission shall have the power to refuse issuance or suspend or revoke any permit granted under the provisions of this Chapter if any of the following conditions exist:
(1) If any false statement has been made by the permittee in connection with the application for the permit.
(2) If the permit application is incomplete.
(3) If the permittee fails or refuses to comply with any provision of this chapter or with any other City ordinances or State laws applicable thereto.
(4) If the permittee fails to file and/or pay his or her City income tax returns in a timely manner.
(5) If the permittee has any criminal convictions for a crime of violence, sex offense involving a minor, illegal drug possession or drug trafficking, contributing to the delinquency of a minor, falsification or fraud.
(6) If the building or premises for which the permit has been issued does not comply with all provisions of this chapter and all other City ordinances and State laws applicable thereto.
(7) If the operation of a child day-care home will:
A. Adversely affect the use of neighboring properties;
B. Adversely affect the health or safety of persons residing or working in the neighborhood;
C. Change the character of the neighborhood;
D. Be detrimental to the public welfare or injurious to the property.
(b) In granting a child day-care home permit, the Planning Commission may impose such conditions in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this chapter, and protect the character of the neighboring properties. Such conditions may include, but shall not be limited to, the regulation of setbacks, screening and buffers, noise, hours of operation, access and traffic.
(c) Upon denying any application, or upon revocation of any permit for a child day-care home permit, the applicant may request a hearing for reconsideration by the Planning Commission at its next regular meeting so the applicant can correct any condition or supply the Planning Commission with additional information that may alter the Planning Commission's decision. If, at the hearing for reconsideration, the Planning Commission affirms its declination, the applicant may re-apply in six months from the date of the declination affirmation.
(d) Citizen complaints regarding the operation of a child day-care home shall be submitted to the Zoning Department, which shall attempt to resolve the complaint. If, in the Zoning Administrator's opinion, resolving the matter of the complaint may require permit revocation or suspension, the Zoning Administrator may submit a request for review and opinion from the Planning Commission. The Planning Commission may, but shall have no obligation to, request a response from the provider and/or request the provider and complainant to address the nature of the complaint at a Planning Commission meeting. Failure to respond to the Planning Commission's request may result in permit revocation or suspension.
(Ord. 2996. Passed 7-13-09.)
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