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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 245A

Section 245A.14

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245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.
    Subdivision 1. Permitted single-family residential use. A licensed nonresidential program
with a licensed capacity of 12 or fewer persons and a 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.
    Subd. 2. Permitted multifamily use. Except as otherwise provided in subdivision 1 or in a
town, municipal, or county regulation, a licensed nonresidential program with a licensed capacity
of 13 to 16 persons shall be considered a permitted multifamily residential use of property for
purposes of zoning. A town, municipal, or county zoning authority may require a conditional
use or special use permit in order to assure proper maintenance and operation of the program.
Conditions imposed on the nonresidential program must not be more restrictive than those
imposed on other conditional uses or special uses of residential property in the same zones unless
the additional conditions are necessary to protect the health and safety of the persons being
served by the nonresidential program. Nothing in this chapter shall be construed to exclude or
prohibit nonresidential programs from single-family zones if otherwise permitted by local zoning
regulations.
    Subd. 3. Conditional license. Until such time as the commissioner adopts appropriate rules
for conditional licenses, no license holder or applicant for a family or group family day care
license is required to spend more than $100 to meet fire safety rules in excess of those required to
meet Group "R" occupancies under the Uniform Building Code, chapter 12, as incorporated by
reference in Minnesota Rules, part 1305.0100.
When the commissioner determines that an applicant or license holder of a family or group
family day care license would be required to spend over $100 for physical changes to ensure fire
safety, the commissioner may issue a conditional license when all of the following conditions
have been met:
(a) The commissioner shall notify the license holder or applicant in writing of the fire safety
deficiencies.
(b) The commissioner shall notify the license holder or applicant in writing of alternative
compliance standards that would correct deficiencies, if available.
(c) The license holder or applicant agrees in writing to notify each parent, on a form
prescribed by the commissioner that requires the signature of the parent, of the fire safety
deficiencies, and the existence of the conditional license.
    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:
(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;
(b) 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;
(c) the license holder is a church or religious organization;
(d) 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
(e) 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 paragraph 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:
(1) the program does not exceed a capacity of 14 children more than a cumulative total of
four hours per day;
(2) the program meets a one to seven staff-to-child ratio during the variance period;
(3) all employees receive at least an extra four hours of training per year than required in the
rules governing family child care each year;
(4) the facility has square footage required per child under Minnesota Rules, part 9502.0425;
(5) the program is in compliance with local zoning regulations;
(6) the program is in compliance with the applicable fire code as follows:
(i) 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
(ii) 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
(7) any age and capacity limitations required by the fire code inspection and square footage
determinations shall be printed on the license.
    Subd. 5.[Repealed, 1992 c 513 art 9 s 44]
    Subd. 6. Drop-in and school age child care programs. (a) Except as expressly set forth
in this subdivision, drop-in and school age child care programs must be licensed as a drop-in or
school age program under the rules governing child care programs operated in a center.
(b) Drop-in and school age child care programs are exempt from the following Minnesota
Rules:
(1) part 9503.0040;
(2) part 9503.0045, subpart 1, items F and G;
(3) part 9503.0050, subpart 6, except for children less than 2-1/2 years old;
(4) one-half the requirements of part 9503.0060, subpart 4, item A, subitems (2), (5), and (8),
subpart 5, item A, subitems (2), (3), and (7), and subpart 6, item A, subitems (3) and (6);
(5) part 9503.0070; and
(6) part 9503.0090, subpart 2.
(c) A drop-in and school age child care program must be operated under the supervision of a
person qualified as a director and a teacher.
(d) A drop-in and school age child care program must have at least two persons on staff
whenever the program is operating, except that the commissioner may permit variances from
this requirement under specified circumstances for parent cooperative programs, as long as all
other staff-to-child ratios are met.
(e) Whenever the total number of children present to be cared for at a drop-in child care
center is more than 20, children that are younger than age 2-1/2 must be in a separate group. This
group may contain children up to 60 months old. This group must be cared for in an area that
is physically separated from older children.
(f) A drop-in child care program must maintain a minimum staff ratio for children age
2-1/2 or greater of one staff person for each ten children. A school age child care program must
maintain a minimum staff ratio of one staff person for every 15 children.
(g) If the drop-in child care program has additional staff who are on call as a mandatory
condition of their employment, the minimum child-to-staff ratio may be exceeded only for
children age 2-1/2 or greater, by a maximum of four children, for no more than 20 minutes
while additional staff are in transit.
(h) In a drop-in child care program, the minimum staff-to-child ratio for infants up to 16
months of age is one staff person for every four infants. The minimum staff-to-child ratio for
children age 17 months to 30 months is one staff for every seven children.
(i) In drop-in care programs that serve both infants and older children, children up to age
2-1/2 may be supervised by assistant teachers, as long as other staff are present in appropriate
ratios.
(j) The minimum staff distribution pattern for a drop-in child care program serving children
age 2-1/2 or greater and a school age child care program serving school age children is: the first
staff member must be a teacher; the second, third, and fourth staff members must have at least
the qualifications of a child care aide; the fifth staff member must have at least the qualifications
of an assistant teacher; the sixth, seventh, and eighth staff members must have at least the
qualifications of a child care aide; and the ninth staff person must have at least the qualifications
of an assistant teacher.
(k) A drop-in child care program may care for siblings 16 months or older together in
any group. For purposes of this subdivision, sibling is defined as sister or brother, half-sister
or half-brother, or stepsister or stepbrother.
(l) The commissioner may grant a variance to any of the requirements in paragraphs (a) to
(k), as long as the health and safety of the persons served by the program are not affected. The
request for a variance shall comply with the provisions in section 245A.04, subdivision 9.
    Subd. 7. Cultural dynamics and disabilities training for child care providers. (a) The
training required of licensed child care center staff and family and group family child care
providers and staff shall include training in the cultural dynamics of early childhood development
and child care.
(b) The cultural dynamics and disabilities training and skills development of child care
providers shall be designed to achieve outcomes for providers of child care that include, but are
not limited to:
(1) an understanding and support of the importance of culture and differences in ability
in children's identity development;
(2) understanding the importance of awareness of cultural differences and similarities in
working with children and their families;
(3) understanding and support of the needs of families and children with differences in ability;
(4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;
(5) developing skills in culturally appropriate caregiving; and
(6) developing skills in appropriate caregiving for children of different abilities.
Curriculum for cultural dynamics and disability training shall be approved by the
commissioner.
(c) The commissioner shall amend current rules relating to the training of the licensed child
care center staff and licensed providers of family and group family child care and staff to require
cultural dynamics training. Timelines established in the rule amendments for complying with
the cultural dynamics training requirements shall be based on the commissioner's determination
that curriculum materials and trainers are available statewide.
    Subd. 8. Experienced aides; child care centers. (a) An individual employed as an aide at a
child care center may work with children without being directly supervised for an amount of time
that does not exceed 25 percent of the child care center's daily hours if:
(1) a teacher is in the facility;
(2) the individual has received first aid training within the last three years and CPR training
within the last two years;
(3) the individual is at least 20 years old; and
(4) the individual has at least 4,160 hours of child care experience as a staff member in a
licensed child care center or as the license holder of a family day care home, 120 days of which
must be in the employment of the current company.
(b) A child care center that uses experienced aides under this subdivision must notify parents
or guardians by posting the notification in each classroom that uses experienced aides, identifying
which staff member is the experienced aide. Records of experienced aide usage must be kept
on-site and given to the commissioner upon request.
(c) A child care center may not use the experienced aide provision for one year following
two determined experienced aide violations within a one-year period.
(d) A child care center may use one experienced aide per every four full-time child care
classroom staff.
    Subd. 9. Inservice training; child care centers. (a) A teacher at a child care center must
complete one percent of working hours of inservice training annually if the teacher:
(1) possesses a baccalaureate or masters degree in early childhood education, or school
age care;
(2) is licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a
kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or
(3) possesses a baccalaureate degree with a Montessori certificate.
(b) A teacher or assistant teacher at a child care center must complete 1-1/2 percent of
working hours of in-service training annually if the individual is:
(1) a registered nurse or licensed practical nurse with experience working with infants;
(2) possesses a Montessori certificate, a technical college certificate in early childhood
development, or a child development associate certificate; or
(3) possesses an associate of arts degree in early childhood education, a baccalaureate degree
in child development, or a technical college diploma in early childhood development.
(c) Except as provided in paragraphs (a) and (b), all other teachers, assistant teachers, or
aides must have two percent of working hours of in-service training annually.
(d) The number of required training hours may be prorated for individuals not employed full
time or for an entire year. This subdivision supersedes Minnesota Rules, part 9503.0035, subpart
4, item B, for teachers, assistant teachers, and aides. The remainder of Minnesota Rules, part
9503.0035, subpart 4, remains in effect unless superseded by other law.
    Subd. 9a. Early childhood development training. (a) For purposes of child care centers,
the director and all staff hired after July 1, 2006, shall complete and document at least two hours
of early childhood development training within the first year of employment. Training completed
under this subdivision may be used to meet the requirements of Minnesota Rules, part 9503.0035,
subparts 1 and 4.
(b) For purposes of family and group family child care, the license holder and each adult
caregiver who provides care in the licensed setting more than 30 days in any 12-month period
shall complete and document at least two hours of early childhood development training within
the first year of licensure or employment. Training completed under this subdivision may be used
to meet the requirements of Minnesota Rules, part 9502.0385, subparts 2 and 3.
(c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this requirement if
they:
(1) have taken a three-credit course on early childhood development within the past five
years;
(2) have received a baccalaureate or masters degree in early childhood education or school
age child care within the past five years;
(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a
kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or
(4) have received a baccalaureate degree with a Montessori certificate within the past five
years.
    Subd. 10. Portable wading pools; family day care and group family day care providers.
A portable wading pool as defined in section 144.1222 may not be used by a child at a family day
care or group family day care home or at a home at which child care services are provided under
section 245A.03, subdivision 2, clause (2), unless the parent or legal guardian of the child has
provided written consent. The written consent shall include a statement that the parent or legal
guardian has received and read material provided by the Department of Health to the Department
of Human Services for distribution to all family day care or group family day care homes and the
general public on the human services Internet Web site related to the risk of disease transmission
as well as other health risks associated with the use of portable wading pools.
    Subd. 11. Swimming pools; family day care and group family day care providers. (a)
This subdivision governs swimming pools located at family day care or group family day care
homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply to portable
wading pools or whirlpools located at family day care or group family day care homes licensed
under Minnesota Rules, chapter 9502. For a provider to be eligible to allow a child cared for at the
family day care or group family day care home to use the swimming pool located at the home,
the provider must not have had a licensing sanction under section 245A.07 or a correction order
or conditional license under section 245A.06 relating to the supervision or health and safety of
children during the prior 24 months, and must satisfy the following requirements:
(1) notify the county agency before initial use of the swimming pool and annually, thereafter;
(2) obtain written consent from a child's parent or legal guardian allowing the child to use
the swimming pool and renew the parent or legal guardian's written consent at least annually.
The written consent must include a statement that the parent or legal guardian has received and
read materials provided by the Department of Health to the Department of Human Services for
distribution to all family day care or group family day care homes and the general public on the
human services Internet Web site related to the risk of disease transmission as well as other
health risks associated with swimming pools. The written consent must also include a statement
that the Department of Health, Department of Human Services, and county agency will not
monitor or inspect the provider's swimming pool to ensure compliance with the requirements in
this subdivision;
(3) enter into a written contract with a child's parent or legal guardian and renew the written
contract annually. The terms of the written contract must specify that the provider agrees to
perform all of the requirements in this subdivision;
(4) attend and successfully complete a swimming pool operator training course once every
five years. Acceptable training courses are:
(i) the National Swimming Pool Foundation Certified Pool Operator course;
(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or
(iii) the National Recreation and Park Association Aquatic Facility Operator course;
(5) require a caregiver trained in first aid and adult and child cardiopulmonary resuscitation
to supervise and be present at the swimming pool with any children in the pool;
(6) toilet all potty-trained children before they enter the swimming pool;
(7) require all children who are not potty-trained to wear swim diapers while in the
swimming pool;
(8) if fecal material enters the swimming pool water, add three times the normal shock
treatment to the pool water to raise the chlorine level to at least 20 parts per million, and close
the pool to swimming for the 24 hours following the entrance of fecal material into the water or
until the water pH and disinfectant concentration levels have returned to the standards specified
in clause (10), whichever is later;
(9) prevent any person from entering the swimming pool who has an open wound or any
person who has or is suspected of having a communicable disease;
(10) maintain the swimming pool water at a pH of not less than 7.2 and not more than 8.0,
maintain the disinfectant concentration between two and five parts per million for chlorine or
between 2.3 and 4.5 parts per million for bromine, and maintain a daily record of the swimming
pool's operation with pH and disinfectant concentration readings on days when children cared for
at the family day care or group family day care home are present;
(11) have a disinfectant feeder or feeders;
(12) have a recirculation system that will clarify and disinfect the swimming pool volume of
water in ten hours or less;
(13) maintain the swimming pool's water clarity so that an object on the pool floor at the
pool's deepest point is easily visible;
(14) have two or more suction lines in the swimming pool;
(15) have in place and enforce written safety rules and swimming pool policies;
(16) have in place at all times a safety rope that divides the shallow and deep portions of
the swimming pool;
(17) satisfy any existing local ordinances regarding swimming pool installation, decks,
and fencing;
(18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less than
70 degrees Fahrenheit; and
(19) for lifesaving equipment, have a United States Coast Guard-approved life ring attached
to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver supervising
the swimming pool.
The requirements of clauses (5), (16), and (18) only apply at times when children cared for at
the family day care or group family day care home are present.
(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under section
245A.07 or a correction order or conditional license under section 245A.06.
(c) If a provider under this subdivision receives a licensing sanction under section 245A.07
or a correction order or a conditional license under section 245A.06 relating to the supervision or
health and safety of children, the provider is prohibited from allowing a child cared for at the
family day care or group family day care home to continue to use the swimming pool located at
the home.
    Subd. 12. First aid training requirements. (a) When children are present in a family child
care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff
person must be present in the home who has been trained in first aid. The first aid training must
have been provided by an individual approved to provide first aid instruction. First aid training
may be less than eight hours and persons qualified to provide first aid training shall include
individuals approved as first aid instructors. A family child care provider is exempt from the first
aid training requirements under this subdivision related to any substitute caregiver who provides
less than 30 hours of care during any 12-month period. Video training reviewed and approved by
the county licensing agency may be used to satisfy the family child care training requirement
of this subdivision.
(b) All teachers and assistant teachers in a child care center governed by Minnesota
Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and when
transporting children in care must satisfactorily complete first aid training within 90 days of the
start of work, unless the training has been completed within the previous three years. The first
aid training must be repeated at least every three years; documented in the person's personnel
record and indicated on the center's staffing chart; and provided by an individual approved as a
first aid instructor. This training may be less than eight hours.
    Subd. 13. Cardiopulmonary resuscitation training. (a) When children are present in a
child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, or in a family child
care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person
must be present in the center or home who has been trained in cardiopulmonary resuscitation
(CPR) and in the treatment of obstructed airways. The CPR training must have been provided by
an individual approved to provide CPR instruction, must be repeated at least once every three
years, and must be documented in the staff person's records.
(b) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item A, cardiopulmonary
resuscitation training may be provided for less than four hours.
(c) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item C, persons qualified
to provide cardiopulmonary resuscitation training shall include individuals approved as
cardiopulmonary resuscitation instructors.
(d) A family child care provider is exempt from the CPR training requirement in this
subdivision related to any substitute caregiver who provides less than 30 hours of care during
any 12-month period.
(e) Video training reviewed and approved by the county licensing agency satisfies the family
child care training requirement of this subdivision.
History: 1987 c 333 s 15; 1988 c 608 s 3,4; 1989 c 282 art 2 s 84,85; 1Sp1989 c 2 s 10;
1990 c 426 art 1 s 28; 1990 c 568 art 2 s 50,51; 1991 c 142 s 2; 1991 c 143 s 1; 1993 c 338 s 8;
1995 c 158 s 5; 1995 c 207 art 2 s 20; art 4 s 1; 1998 c 407 art 6 s 5; 2000 c 327 s 6; 2000 c 489
art 1 s 20-22; 2002 c 279 s 6; 2002 c 333 s 2; 2003 c 57 s 1; 2004 c 288 art 1 s 26; 2005 c 98 art
1 s 24; 1Sp2005 c 4 art 1 s 17,18; 2006 c 207 s 1-3; 2006 c 264 s 5,6