Bill Text: MN SF1211 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Single-family residential use family day care requirements modifications
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-18 - Referred to Health and Human Services [SF1211 Detail]
Download: Minnesota-2011-SF1211-Introduced.html
1.2relating to human services; modifying family day care requirements;amending
1.3Minnesota Statutes 2010, section 245A.14, subdivisions 1, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.14, subdivision 1, is amended to
1.6read:
1.7 Subdivision 1. Permitted single-family residential use. (a) A licensed
1.8nonresidential program with a licensed capacity of 12 or fewer personsand a group family
1.9day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve
1.1014 or fewer children shall be considered a permitted single-family residential use of
1.11property for the purposes of zoning and other land use regulations.
1.12(b) A family day care or group family day care facility licensed under Minnesota
1.13Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered
1.14a permitted single-family residential use of property for the purposes of zoning and
1.15other land use regulations only if operated by the homeowner and the homeowner is the
1.16primary provider of care.
1.17 Sec. 2. Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to read:
1.18 Subd. 4. Special family day care homes. Nonresidential child care programs
1.19serving 14 or fewer children that are conducted at a location other than the license holder's
1.20own residence shall be licensed under this section and the rules governing family day
1.21care or group family day care if:
1.22(a) the license holder is the primary provider of care and the nonresidential child
1.23care program is conducted in a dwelling that is located on a residential lot;
2.1(b) (1) the license holder is an employer who may or may not be the primary
2.2provider of care, and the purpose for the child care program is to provide child care
2.3services to children of the license holder's employees;
2.4(c) (2) the license holder is a church or religious organization;
2.5(d) (3) the license holder is a community collaborative child care provider. For
2.6purposes of this subdivision, a community collaborative child care provider is a provider
2.7participating in a cooperative agreement with a community action agency as defined in
2.8section 256E.31; or
2.9(e) (4) the license holder is a not-for-profit agency that provides child care in a
2.10dwelling located on a residential lot and the license holder maintains two or more contracts
2.11with community employers or other community organizations to provide child care
2.12services. The county licensing agency may grant a capacity variance to a license holder
2.13licensed under thisparagraph clause to exceed the licensed capacity of 14 children by no
2.14more than five children during transition periods related to the work schedules of parents,
2.15if the license holder meets the following requirements:
2.16(1) (i) the program does not exceed a capacity of 14 children more than a cumulative
2.17total of four hours per day;
2.18(2) (ii) the program meets a one to seven staff-to-child ratio during the variance
2.19period;
2.20(3) (iii) all employees receive at least an extra four hours of training per year than
2.21required in the rules governing family child care each year;
2.22(4) (iv) the facility has square footage required per child under Minnesota Rules,
2.23part 9502.0425;
2.24(5) (v) the program is in compliance with local zoning regulations;
2.25(6) (vi) the program is in compliance with the applicable fire code as follows:
2.26(i) (A) if the program serves more than five children older than 2-1/2 years of age,
2.27but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.28educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.29Fire Code 2003, Section 202; or
2.30(ii) (B) if the program serves more than five children 2-1/2 years of age or less, the
2.31applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.32Code 2003, Section 202; and
2.33(7) (vii) any age and capacity limitations required by the fire code inspection and
2.34square footage determinations shall be printed on the license.
1.3Minnesota Statutes 2010, section 245A.14, subdivisions 1, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.14, subdivision 1, is amended to
1.6read:
1.7 Subdivision 1. Permitted single-family residential use. (a) A licensed
1.8nonresidential program with a licensed capacity of 12 or fewer persons
1.9
1.10
1.11property for the purposes of zoning and other land use regulations.
1.12(b) A family day care or group family day care facility licensed under Minnesota
1.13Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered
1.14a permitted single-family residential use of property for the purposes of zoning and
1.15other land use regulations only if operated by the homeowner and the homeowner is the
1.16primary provider of care.
1.17 Sec. 2. Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to read:
1.18 Subd. 4. Special family day care homes. Nonresidential child care programs
1.19serving 14 or fewer children that are conducted at a location other than the license holder's
1.20own residence shall be licensed under this section and the rules governing family day
1.21care or group family day care if:
1.22
1.23
2.1
2.2provider of care, and the purpose for the child care program is to provide child care
2.3services to children of the license holder's employees;
2.4
2.5
2.6purposes of this subdivision, a community collaborative child care provider is a provider
2.7participating in a cooperative agreement with a community action agency as defined in
2.8section 256E.31; or
2.9
2.10dwelling located on a residential lot and the license holder maintains two or more contracts
2.11with community employers or other community organizations to provide child care
2.12services. The county licensing agency may grant a capacity variance to a license holder
2.13licensed under this
2.14more than five children during transition periods related to the work schedules of parents,
2.15if the license holder meets the following requirements:
2.16
2.17total of four hours per day;
2.18
2.19period;
2.20
2.21required in the rules governing family child care each year;
2.22
2.23part 9502.0425;
2.24
2.25
2.26
2.27but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.28educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.29Fire Code 2003, Section 202; or
2.30
2.31applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.32Code 2003, Section 202; and
2.33
2.34square footage determinations shall be printed on the license.
