PRIOR PRINTER'S NO. 1821 PRINTER'S NO. 2930
No. 1474 Session of 2007
INTRODUCED BY EACHUS, GINGRICH, BELFANTI, JAMES, GOODMAN, MYERS, RAMALEY, SURRA, FABRIZIO, CALTAGIRONE, DePASQUALE, GEORGE, GERGELY, GIBBONS, MUNDY, WANSACZ, REED, SANTONI, VEREB, PETRARCA, MUSTIO, KORTZ, DALEY, EVERETT, COX, CAPPELLI, HORNAMAN, BOYD, MAHONEY, BUXTON, KILLION, SIPTROTH, SEIP AND HARKINS, JUNE 5, 2007
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 4, 2007
AN ACT 1 Providing for the location and operation of registered family 2 child day care and certified group child day care in private 3 residential homes and for the issuance of certificates of 4 occupancy for certification and registration purposes. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Family Child 9 Day Care Siting Act. 10 Section 2. Declaration of policy. 11 The General Assembly finds and declares as follows: 12 (1) It is the public policy of this Commonwealth that 13 young children should not be excluded by municipal zoning 14 ordinances from the benefits of child care provided in private 15 residential homes. Registered family child day-care homes and 16 certified group child day-care homes must be located in a normal
1 residence to give young children and their parents the 2 opportunity to have a home environment for child care. 3 (2) This policy is of Statewide concern and thus this 4 act preempts local zoning regulations to the extent local 5 zoning regulations restrict the location of registered family 6 child day-care or certified group child day-care homes 7 operated in the residence of the owner-operator. 8 (3) In order to promote the availability of regulated 9 child care through uniform fees and processes Statewide, the 10 Department of Labor and Industry is the entity charged with 11 the responsibility of issuing UNIFORM CONSTRUCTION CODE <-- 12 certificates of occupancy for family child day-care homes. 13 Section 3. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Department." The Department of Labor and Industry of the 18 Commonwealth. 19 "Family child day-care home." A home in which child day care 20 is provided at any one time to no less than four and no more 21 than six children who are not relatives of the caregiver. 22 "Group child day-care home." A dwelling unit where child 23 day-care services are provided for less than 24 hours for no 24 less than seven and no more than 12 children, where the dwelling 25 unit is used primarily as a private residence and where the 26 provision of day-care services is accessory to the principal use 27 of the dwelling unit as a residence. 28 "Municipality." Includes any city, EXCEPT A CITY OF THE <-- 29 FIRST CLASS, borough, town, township or home rule municipality 30 of this Commonwealth. 20070H1474B2930 - 2 -
1 Section 4. Construction of act. 2 This act shall not be construed to limit or restrict the 3 authority of appropriate State agencies to approve or license 4 family child day-care homes or group child day-care homes. 5 Section 5. Pennsylvania Construction Code. 6 Any and all family child day-care and group child day-care 7 homes operated in this Commonwealth shall comply with the 8 applicable requirements of the act of November 10, 1999 9 (P.L.491, No.45), known as the Pennsylvania Construction Code 10 Act, which relate to such facilities. 11 Section 6. Status for zoning purposes. 12 (a) Family child day-care home.--A family child day-care 13 home operated in the owner-operator's residence shall be 14 considered a residential or other permissible use of property 15 permitted in all residential zones. The provider shall be 16 responsible for maintaining the facility to ensure that it is 17 similar in appearance and condition to other private residences 18 in the community. 19 (b) Group child day-care home.--A group child day-care home 20 operated in the owner-operator's residence shall be considered a 21 residential or other permissible use of property permitted by 22 right or by special exception in all residential zones. The <-- 23 SPECIAL EXCEPTION IN ALL RESIDENTIAL ZONES UNLESS THE <-- 24 MUNICIPALITY ENACTS AN ORDINANCE PERMITTING THE SAME BY RIGHT. 25 THE owner-operator shall be responsible for maintaining the 26 facility to ensure that it is similar in appearance and 27 condition to other private residences in the community <-- 28 NEIGHBORHOOD. <-- 29 Section 7. Duties of department. 30 (a) Certification.--The department shall issue a UNIFORM <-- 20070H1474B2930 - 3 -
1 CONSTRUCTION CODE certificate of occupancy to any family child
2 day-care home which meets the requirements of this act.
3 (b) Fees.--The department may establish a fee, not to exceed
4 $100, for the application, processing and issuance of
5 certificates UNIFORM CONSTRUCTION CODE CERTIFICATES OF <--
6 OCCUPANCY. This fee may be changed by the department through
7 regulations.
8 Section 8. Municipal records.
9 A municipality may maintain appropriate records indicating
10 the location, capacity and owner-operators of family child-day
11 care and group child day-care homes within its jurisdiction.
12 Section 9. Fees.
13 A municipality may not charge fees for permits or inspections
14 or other fees for family child day-care and group child-day care
15 homes in excess of the amounts charged for similarly classified
16 uses in the municipality.
17 Section 10. Supersedure of municipal ordinances.
18 This act shall supersede any local ordinances or regulations
19 that conflict with the provisions of this act.
20 Section 11. Applicability.
21 (a) Municipalities.--This act shall be applicable in any
22 municipality of this Commonwealth.
23 (b) Family child day-care homes and group child day-care
24 homes.--This act shall be applicable to any and all family child
25 day-care homes and group child day-care homes operated in the
26 personal residence of the owner-operator.
27 Section 12. Repeals.
28 All acts and parts of acts are repealed insofar as they are
29 inconsistent with this act.
30 Section 13. Effective date.
20070H1474B2930 - 4 -
1 This act shall take effect in 90 days. E29L12JLW/20070H1474B2930 - 5 -