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        PRIOR PRINTER'S NO. 1821                      PRINTER'S NO. 2930

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.




















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