HF 1184

as introduced - 87th Legislature (2011 - 2012) Posted on 03/17/2011 09:42am

A bill for an act
relating to human services; modifying family day care requirements; amending
Minnesota Statutes 2010, section 245A.14, subdivisions 1, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 245A.14, subdivision 1, is amended to
read:

Subdivision 1.

Permitted single-family residential use.

new text begin (a) new text end A licensed
nonresidential program with a licensed capacity of 12 or fewer persons deleted text begin and a group family
day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve
14 or fewer children deleted text end shall be considered a permitted single-family residential use of
property for the purposes of zoning and other land use regulations.

new text begin (b) A family day care or group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered
a permitted single-family residential use of property for the purposes of zoning and
other land use regulations only if operated by the homeowner and the homeowner is the
primary provider of care.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family day care homes.

Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family day
care or group family day care if:

deleted text begin (a) the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;
deleted text end

deleted text begin (b) deleted text end new text begin (1) new text end the license holder is an employer who may or may not be the primary
provider of care, and the purpose for the child care program is to provide child care
services to children of the license holder's employees;

deleted text begin (c) deleted text end new text begin (2) new text end the license holder is a church or religious organization;

deleted text begin (d) deleted text end new text begin (3) new text end the license holder is a community collaborative child care provider. For
purposes of this subdivision, a community collaborative child care provider is a provider
participating in a cooperative agreement with a community action agency as defined in
section 256E.31; or

deleted text begin (e) deleted text end new text begin (4) new text end the license holder is a not-for-profit agency that provides child care in a
dwelling located on a residential lot and the license holder maintains two or more contracts
with community employers or other community organizations to provide child care
services. The county licensing agency may grant a capacity variance to a license holder
licensed under this deleted text begin paragraph deleted text end new text begin clause new text end to exceed the licensed capacity of 14 children by no
more than five children during transition periods related to the work schedules of parents,
if the license holder meets the following requirements:

deleted text begin (1) deleted text end new text begin (i) new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

deleted text begin (2) deleted text end new text begin (ii) new text end the program meets a one to seven staff-to-child ratio during the variance
period;

deleted text begin (3) deleted text end new text begin (iii) new text end all employees receive at least an extra four hours of training per year than
required in the rules governing family child care each year;

deleted text begin (4) deleted text end new text begin (iv) new text end the facility has square footage required per child under Minnesota Rules,
part 9502.0425;

deleted text begin (5) deleted text end new text begin (v) new text end the program is in compliance with local zoning regulations;

deleted text begin (6) deleted text end new text begin (vi) new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i) deleted text end new text begin (A) new text end if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or

deleted text begin (ii) deleted text end new text begin (B) new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
Code 2003, Section 202; and

deleted text begin (7) deleted text end new text begin (vii) new text end any age and capacity limitations required by the fire code inspection and
square footage determinations shall be printed on the license.