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HomeMy WebLinkAboutOrdinance 07-2000 ORDINANCE NO. 7-00 Chapter 18 HEALTH AND SANITATION Art. L In General, §§ 18-1--18-14. Art. II. Board of Health, §§ 18-15--18-36 Art. III. Nuisances and Offensive Conditions, §§ 18-37--18-50 Art. IV. Hazardous Materials, 18-51--18-64 Art. V. Family Day Care Homes, §§ 18-65--18-85 ARTICLE I. IN GENERAL Sec. 18-1. Common articles dangerous to public health. The use of common drinking cups, or other common drinking or eating utensils, or of common towels, or of common combs and brushes, or of any other articles for common use which might spread any communicable diseases is prohibited within the city. The term"common" as used in this section shall mean for use of more than one (1) person without proper cleansing and disinfection. Sec. 18-2. Spitting in public places. No person shall spit, expectorate or deposit or place any sputum, spittle, saliva, phlegm, mucous, tobacco juice, cigarette stubs, cigar stubs or quids of tobacco upon the floor, stairways or any part of any public hall or building in the city or upon any sidewalk in this city or upon the floors or inside furnishings or equipment of any public place. Sec. 18-3. Impure drinking water. It shall be unlawful for any person to supply, furnish or distribute in any manner to any person or persons at any place within the city for drinking, culinary or other domestic use, any impure or unwholesome water or any water containing any substance which renders such water unfit for domestic use. Sec. 18-4. Privies and cesspools. The owner of any dwelling, building or property used for human occupancy, employment, recreation or other purpose, located within the city and abutting any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at its expense to install suitable toilet facilities therein, and to connect such facilities directly to the proper municipal sewer, and it shall be unlawful to fail to make such connection ' . Chapter 18 HEALTH AND SANITATION within ninety (90) days after date of notice to do so, provided that said municipal sewer is within two hundred (200)feet of the property line. Sec. 18-5. Inspection, approval of swimming pools. Artificial swimming pools, hot tubs, whirlpools and natural bodies of water used for swimming or recreation within the city shall be subject to inspection and approval by the health officer or the deputy health officer and shall not be used if found to be unfit for such purposes. Adequate provision for change of water, chlorination and cleaning of such swimming pools, hot tubs and whirlpools shall be made. Sec. 18-6. Unsanitary hotel, motel, rooming or lodging house. It shall be unlawful for the owner or operator of any hotel, motel or lodging house to keep or maintain such establishment in an unclean or unsanitary condition or in violation of state law or sanitation regulations governing such establishment. Secs. 18-7--18-14. Reserved. ARTICLE H. BOARD OF HEALTH Sec. 18-15. Created. There is hereby, continued, as heretofore established, in and for the city a board of health. Sec. 18-16. Composition. The Board of Health shall be composed of nine (9) members, one (1) of whom shall be a licensed physician in active practice in the city; one (1)whom shall be a county commissioner; one (1) of whom shall represent industry; one (1) of whom shall represent environmental concerns; one (1) of whom shall represent business: one(1) of whom shall respresent agricultural business: one (1) of whom shall represent the transportation industry: one (1) of whom shall have a formal background in economics: one(1) of whom shall represent governmental institutions. Two (2) of the board members may reside outside the corpate limits of the City of Brookings, but within Brookings County. Sec. 18-17. Appointment. The Board of Health shall be appointed by the Mayor with advice and consent of the City Council with the exception of the County Commission position which will be appointed by the County Commission. 2 Chapter 18 HEALTH AND SANITATION Sec. 18-18. Term of office. The members of the Board of Health shall be appointed for staggered terms, with three (3) member appointed for a one (1) year term, three (3) members appointed for a two (2) year term and three (3) members appointed for a three (3) year term. Upon expiration of an appointment, a member may thereafter be appointed for an additional term of three(3)years. Sec. 18-19. Vacancies. Should a vacancy occur in the Board of Health during the appointed term by the death, removal or inability of any member thereof to perform the duties of their office, the Mayor with approval of the city council shall appoint a member to fill such vacancy for the unexpired portion of the term of the vacated member. Sec. 18-20. Meetings. The Board of Health shall meet a minimum of twice a year or whenever called by the secretary or by the president of the Board of Health, and unless otherwise specified, the meetings shall be held at city hall. Sec. 18-21. Quorum. A majority of the members of the Board of Health shall constitute a quorum for the transaction of its business. Sec. 18-22. Secretary of the board of health. The deputy health officer shall be the secretary of the Board of Health and shall carry out all prescribed dutie's including maintaining records of the Board of Health. Sec. 18-23. Reserved. Sec. 18-24. Powers generally. The Board of Health shall provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness thereof, to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. The Board of Health shall provide general supervision over the sanitary conditions of the city, the operation of the Brookings Regional Landfill and the City of Brookings Solid Waste Collection system. 3 • Chapter 18 HEALTH AND SANITATION Sec. 18-25. Duties generally. The Board of Health shall give the city council all such advice and information as it may require in regard to the public health; and whenever it shall hear of the existence of a toxic or potentially hazardous environmental condition or contagious, dangerous or deadly disease, it shall immediately investigate the same and adopt necessary measures to arrest its progress. The Board of Health shall exercise general supervision over the sanitation laws of the state and city. For the purpose of completing these requirements, it shall be permitted at all times, for good cause, to enter any private or public property to do whatever is necessary to make a thorough examination of the premises. In addition, the Board of Health will provide advice and council to city council and city staff in the functions of the Brookings Regional Landfill and the City of Brookings Solid Waste Collection Operation: 1. To provide public education for the need of all phases of an integrated solid waste management system. 2. To establish a comprehensive realistic solid waste plan for Brookings. 3. To develop a financil policy that would be used for raising the funds required to build and Operate an integrated solid waste program. 4. To develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Sec. 18-26. Supervision. The powers and duties of the Board of Health shall be subject to the supervision of the South Dakota Department of Health and the Department of Environment and Natural Resources. Sec. 18-27. City health officer. At the first meeting of the city council in January of each year, the city council shall appoint a Health Officer, who shall be a licensed physician in active practice in the city, who shall be executive officer of the Board of Health. The Health Officer shall serve for one (1)year or until a successor shall be appointed and qualified. The Health Officer may be bonded by the city in such amount as the city council may determine for the faithful performance of the duties of the Health Officer. The Health Officer shall be entitled to receive compensation as determined by the city council for services performed. 4 • Chapter 18 HEALTH AND SANITATION Sec. 18-28. Deputy health officer. The City Manger of the City of Brookings shall hire a Deputy Health Officer who will also serve as the Director of Solid Waste Management. It shall be the duty of the Deputy Health Officer to perform as directed by the City Manager, the Board of Health Officer shall be the secretary of the Board of Health and shall attend all regular and special meetings. The Deputy Health Officer shall be entitled to receive compensation as determined by the City Manager. Secs. 18-29--18-36. Reserved. ARTICLE III. NUISANCES AND OFFENSIVE CONDITIONS Sec. 18-37. Nuisances prohibited. No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance within the city. Sec. 18-38. Enumeration. Whatever is dangerous to human health, whatever renders the ground, the water, the air or food a hazard or injurious to human health, and the following specific acts, conditions and things are, each and all of them, hereby declared to constitute nuisances: (a) Imperfect plumbing. Any imperfect, leaking, unclean or filthy sink, water closet, urinal or other plumbing fixture in any building, used or occupied by human beings. (b) Garbage or refuse. Throwing, depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property, any household waste water, sewage, garbage, tin cans, offal or excrement, any decaying fruit, vegetables, fish, meat or bones or any foul, putrid or obnoxious liquid substance. (c) Impure water. Any well or other supply of water used for drinking or household purposes which is polluted or which is so constructed or situated that it may become polluted. (d) Undressed hides. Undressed hides kept longer than twenty-four (24) hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction is approved by the Deputy Health Officer. (e) Manure. The accumulation of manure, unless it is in a properly constructed flyproof pit, bin or box. 5 Chapter 18 HEALTH AND SANITATION (f) Breeding places for flies. The accumulation of manure, garbage or anything whatever in which flies breed. (g) Stagnant water. Any excavation in which stagnant water is permitted to collect. (h) Poison ivy. Permitting poison ivy to be or to grow upon any private property nearer than fifteen(15)feet from the sidewalk of any public streets. (i) Dead animals. For the owner of a dead animal to permit a dead animal to remain undisposed of longer than twenty-four(24)hours after its death. (j) Privies and cesspools. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools, the plans of which are approved by the South Dakota Department of Health. (k) Rodents. Accumulation of junk, old iron, automobiles or parts thereof, or anything whatever in which rodents may live or breed or accumulate. (1) Parking livestock trucks or trailers in residential districts. Parking or permitting a livestock truck or trailer to remain on any street, area, or public ground in a residential district when such truck or trailer gives off an offensive odor or is contaminated with manure or other filth. (m) Abandoned or discarded iceboxes. (n) Abandoned property. Accumulating or allowing to accumulate deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements, and which constitutes a fire, health, or safety hazard. "Abandoned property" shall include, without being so restricted, deteriorated, wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar articles in such condition. Sec. 18-39. Notice to abate--Issuance. Whenever the Board of Health, Deputy Health Officer, Zoning Officer or Director of Solid Waste Management shall find a nuisance exists within the city, it shall give written notice to the person creating, permitting or maintaining such nuisance to abate the same within reasonable time as provided in such notice. Sec. 18-40. Same--Noncompliance deemed misdemeanor. It shall be unlawful for any person who is served a written notice to abate a nuisance under the provisions of this article to fail to do so within the time allowed in such notice. 6 Chapter 18 HEALTH AND SANITATION Sec. 18-41. When notice waived. Whenever the owner, occupant or agent of any premises in or upon which any nuisance may be found is unknown or cannot be found, the Board of Health, Deputy Health Officer, Zoning Officer or Director of Solid Waste Management may proceed to abate the nuisance without notice. In either case, the expense of such abatement shall be collected from the person who may have created, caused or permitted such nuisance to exist. Sec. 18-42. Abatement by board city officials. In the event a person shall fail to abate any nuisance created, permitted or maintained by them following written notice to them so to do, the Board of Health, Deputy Health Officer, Zoning Officer or Director of Solid Waste Management shall cause such nuisance to be abated. Sec. 18-43. Alternate abatement procedure. In addition to any method of abatement of nuisances within the city provided by the provisions of this article, any nuisance found within the city may be abated in the manner provided by state law. Sec. 18-44. Recovery of expenses. The city may recover the expenses incurred by the Board of Health in abating any nuisance under the provisions of this article, including costs and attorney's fees, from the person creating, permitting or maintaining the same in a civil suit instituted for such purpose. Sec. 18-45. Rendering of animal matter. The rendering of animal matter in the city is hereby declared to be a nuisance and it shall be unlawful for any person to carry on the business of rendering of any animal matter or manufacturing the same into fertilizing material by the use of heat or otherwise at any place within the city or within one (1) mile of the outer boundaries thereof except by permission of the city commission. Any permit so granted may be revoked whenever it shall appear that the party has violated any provision of any ordinance of the city commission relating to any such business. The Board of Health and police of this city shall be permitted access at anytime to all buildings used for the purpose of rendering any animal matter and to examine all apparatus and the manner of conducting the business. Sec. 18-46. Air pollution. No person shall construct, install, modify, or operate any equipment or device which causes omission of pollution into the ambient air, such that ambient air quality standards, as defined and adopted by the South Dakota Department of Environment and Natural Resources, are exceeded. Air pollutants shall include but not be limited to sparks, cinders, coal, ashes, smoke, odors, oxides of sulfur, oxides of nitrogen, carbon monoxide, hydrocarbons and suspended particles. 7 Chapter 18 HEALTH AND SANITATION Sec. 18-47. Water pollution. No person shall discharge or cause to be discharged into any lake, river, stream, or into the receiving waters of any lake, river or stream any raw or treated sewerage, garbage, municipal waste, industrial wastes, or agricultural wastes which produce floating solids, scum, oil slicks, material discoloration, visible gassing, sludge deposits, slimes, fungus growths, or other offensive effects. No person shall discharge or allow to be discharged into any lake, river, stream, or the receiving waters of any lake, river, or stream any materials which produce concentrations of chemicals toxic to humans, animals, plants, or the most sensitive stage or form of aquatic life. Any discharges into lakes, rivers or streams shall comply with the surface water quality standards, as defined and adopted by the South Dakota Department of Environment and Natural Resources in the Revised Administrative Rules of the State of South Dakota. Sec. 18-48. Notice of condemnation of premises unfit for human habitation. Whenever the Health Officer, Deputy Health Officer, any Zoning Officer or Director of Solid Waste Management finds that any house, building or premises within the city constitutes a hazard to the health, safety or welfare of the occupants, or to the public, because it lacks maintenance, or is dilapidated, unsanitary, vermin-infested, rodent-infested, or because it lacks the sanitary facilities and equipment required by the city health and housing maintenance ordinances, they or either of them may condemn such building or premises as unfit for human habitation. If any house, building or premises, or any part thereof, is occupied by more families than provided by the City of Brookings ordinances, or is erected, altered or occupied contrary to law, such house, building or premises shall be deemed an unlawful structure and the Health Officer, Deputy Health Officer, any Zoning Officer, or the Director of Solid Waste Management may cause such house, building or premises to be vacated. It shall be unlawful to again occupy such building until it or its occupation, as the case may be, has been made to conform with applicable law. Any house, building or premises condemned as "unfit for human habitation" shall be posted with a placard of condemnation by the Health Officer, the Deputy Health Officer or any Zoning Officer or by the Director of Solid Waste Management. Whenever the Health Officer, Deputy Health Officer, Zoning Officer or Director of Solid Waste Management has condemned a house, building or premises as"unfit for human habitation," notice shall be given to the owner of such condemnation and the building or premises shall be placarded as"unfit for human habitation." Such notice shall: (a) Be in writing; (b) Include a description of the real estate sufficient for identification; (c) Include a statement of the reason or reasons why it is being issued; 8 Chapter 18 HEALTH AND SANITATION (d) Include a description of the repairs and improvements required to bring the condemned house, building or premises into compliance with the provisions of health, housing maintenance or other applicable ordinances of the city. Service of notice of condemnation shall be made by delivery to the owner personally, or by depositing the notice in the United States Mail, addressed to the owner at its last known address, or by posting and keeping posted for twenty-four(24) hours, a copy of said notice in placard form in a conspicuous place on the condemned premises. Sec. 18-49. Vacation of condemned houses, buildings or premises. Any house, building or premises which has been condemned and placarded as "unfit for human habitation" by the Health Officer, Deputy Health Officer, any Zoning Officer or Director of Solid Waste Management shall be vacated within a reasonable time as required. No person shall occupy any house, building or premises which has been condemned and placarded by the Health Officer, Deputy Health Officer, any Zoning Officer or Director of Solid Waste Management after the date set forth in the placard of condemnation. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned and placarded as"unfit for human habitation." Such placard shall only be removed by the enforcing officer or its representative. Sec. 18-50. Right of appeal from health official's determination. The owner or any other person affected shall have the right of appeal to the Board of Health for investigation and review of the health or zoning official's determination. ARTICLE IV. HAZARDOUS MATERIALS Omitted: Sec. 18-51--18-64. Reserved. ARTICLE V. FAMILY DAY CARE HOMES Sec. 18-65. Definitions. Terms used in this title, unless the context otherwise plainly requires, shall be defined as follows: Documented fire drills: A fire drill wherein the date of the fire drill is recorded and said record is retained for at least one(1) year. 9 Chapter 18 HEALTH AND SANITATION Exposed electrical wiring: Any electrical wiring that may cause a shock by allowing access directly to the wire. Examples are missing outlet or switch cover plates, open junction boxes, covers which are off of fuse or circuit-breaker boxes. Family day care: The providing of supervision for children in a private residence. Family day care home: The private residence wherein day care is provided. Heating units: Any device capable of producing heat for the purposes of maintaining a comfortable temperature inside a building except radiators, hot-air heating vents and electrical heaters. Examples are wood-burining stoves or fireplaces, propane heaters or fuel-oil heaters. Helper: A person who assists the provider in the family day care home. Inaccessible to children: Any device or means used to make entrance by children extremely difficult. Examples are latches, locks, high cabinets out of the reach of children, safety screw caps on bottles, etc. Provider: The principal caretaker of children in a family day care home. Substitute: A person who fills in for the normal provider on a consistent weekly basis. Sec. 18-66. Exit requirements. (a) Each level of the family day care home used for the care of children shall have at least two (2) exits which are separate and remote from each other. Each of these exits must provide unobstructed travel to the outside. One (1) of these exits shall be a door at least six (6) feet eight (8) inches high by thirty-two (32) inches wide. The other exit may be a window or door which is easy to open from the inside without the use of tools. (b) A window used as an exit in a family day care home shall provide a clear opening at least large enough for a firefighter to enter. There may be no more than forty-four (44) inches between the floor and the bottom of said window. (c) A door or window to the outside may be used in a basement as a primary and secondary means of egress as long as each exit provides a clear opening at least large enough for a firefighter to enter. There may be no more than forty-four (44) inches between the floor of the basement and the bottom of said window. This provision shall supersede and preempt any provision of the Uniform Fire Code which may establish a belowground exit. (d) The vertical travel requirement regarding egress from a basement and the provisions prohibiting location of a day care facility below ground level as maybe set forth in the Uniform Fire Code shall not apply as long as the egress from such belowground facility otherwise complies with this article and the Uniform Fire Code. 10 Chapter 18 HEALTH AND SANITATION (e) If storm windows, screens or burglar guards are used, they must be provided with quick-opening devices which may be easily opened from the inside. (f) No room or space may be occupied for living or sleeping purposes which is accessible only by a ladder, by folding stairs or through a trapdoor. Sec. 18-67. Fire drills. The family day care home shall have a posted evacuation plan and shall conduct at least four (4) documented fire drills each year. Sec. 18-68. Smoke detectors. A family day care home shall be equipped with at least one (1) Underwriter's Laboratory- approved smoke detector on each level of the building and in each bedroom or nap area that is used for day care purposes. Sec. 18-69. Heating units. Unvented fuel-fired room heaters shall not be used. A guard must be provided to protect the children from any hot surface and from open flames. Sec. 18-70. Emblem. A family day care emblem provided by the fire department shall be posted on the main entry of all family day care homes. Sec. 18-71. Safety caps for electrical outlets. In family day care homes caring for children aged four (4) years and younger, unused electrical outlets shall be covered by Underwriter's Laboratory-approved electrical safety caps. There shall be no bare or exposed electrical wires present within the family day care homes. Sec. 18-72. Fire extinguishers. An ABC multipurpose Underwriter's Laboratory-approved fire extinguisher shall be mounted and maintained on each level of the home used for family day care. The location of said fire extinguisher shall be included as a part of the evacuation plan. Sec. 18-73. Health standards and first aid. (a) Each family day care provider, substitute and helper shall have a tuberculin skin test prior to contact with children. Individuals who show no reaction to the test at the time of testing are exempt from further tuberculin testing. A copy of the tuberculin test reports shall be kept in the family day care provider's file. 11 Chapter 18 HEALTH AND SANITATION (b) When a child is enrolled in a family day care home, the family day care provider shall require from the child's parent or guardian documentation from a licensed physician, physician's assistant or county health nurse showing the health and immunization status of the child. Minimum age-specific immunization levels for children attending family day care homes are: (1) Three(3)to five(5)months, one(1) dose DPT and one (1) dose polio; (2) Five(5)to seven(7)months, two (2) doses DPT and two (2) doses polio; (3) Seven(7)to sixteen(16) months,three(3) doses DPT and two (2) doses polio; (4) Sixteen (16) to nineteen (19) months, three (3) doses DPT and two (2) doses polio and measles, mumps and rubella; (5) Nineteen (19) months and older, four (4) doses DPT and three (3) doses polio and measles, mumps and rubella. (c) A child is exempt from meeting the minimum age-specific immunization levels if the child has certification from a licensed physician stating that the physical condition of the child is such that a test or immunization would endanger the child's life or health or if the child has a written statement signed by a parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such tests and immunizations. Sec. 18-74. Poisons. Hazardous cleaning solutions, chemicals, poisons and other dangerous substances shall be labeled and shall be inaccessible to children. Sec. 18-75. Door locks and latches. Every closet door latch shall be such that children can open the door from the inside of the closet. Every bathroom door lock shall be designed to permit opening of the locked door from the outside in an emergency. The opening device shall be readily accessible to the staff of the family day care home. Sec. 18-76. Dangerous items. Firearms shall be unloaded, and firearms and ammunition shall be stored separately in locked storage. All sharp kitchen utensils, matches and lighters shall be inaccessible to children. Sec. 18-77. Medications. Medications shall only be administered with the written or oral consent of a parent or guardian. Medications shall be kept in their original container with the original label. The label 12 Chapter 18 HEALTH AND SANITATION shall contain legible directions for use and the expiration date. Prescription medications shall also include the child's name and the physician's name. Medications shall be stored in a place which is inaccessible to children. Medications requiring refrigeration shall then be placed in another container which is nonabsorbent and labeled medication. Sec. 18-78. Food. Frozen meat shall not be thawed at room temperature. Perishable food shall be kept refrigerated except for short periods of preparation and serving. Sec. 18-79. Outside playground area. (a) Under three years of age. Children under three (3) years of age shall be directly supervised at all times by a qualified staff member when they are outdoors with or without a fenced area except that a written consent form signed by a parent or guardian shall permit a child who is at least two (2) years old to be supervised from inside the family day care home as long as said child is in a qualified staff person's line of sight and said child remains in a fenced area. (b) Three to five years of age. (1) Children who are three (3) through five (5) years of age shall be directly supervised when outdoors when there is no fence except a written consent form signed by a parent shall permit children who are three (3) through five (5) years of age to play outdoors without a fence as long as the children are supervised from within the family day care home and as long as the children are in a qualified staff person's line of sight. (2) Children who are three (3) through five (5) years of age may play in a fenced area and be supervised from within the family day care home as long as the children are in a qualified staff person's line of sight. With written consent signed by a parent or guardian, children who are three (3) through five (5) years of age may play in a fenced area without being in a qualified staff person's line of sight. (c) Six years of age or older. Children who are six (6) years of age and older and are outdoors may be supervised from inside the family day care home with the written consent of a parent as long as the children are in a qualified staff person's line of sight. Sec. 18-80. Insect and rodent control. A family day care provider shall take effective measures to minimize the presence of rodents and insects on the premises. Doors and windows used for outside ventilation shall be screened. 13 Chapter 18 HEALTH AND SANITATION Sec. 18-81. Water and sewer. The water supply shall be derived from a public water system or from a system approved by the South Dakota Department of Environment and Natural Resources. Sewage must be disposed of by means of a public sewage disposal system or a septic system. Sec. 18-82. Qualifications of providers. All family day care providers shall be able to show proof that they have been self-screened against South Dakota's Central Registry. All family day care providers shall be at least eighteen (18)years of age, and they shall not have a substantiated record of child abuse or neglect. Family members or any other individual who is living in the family day care home shall not have a substantiated record of child abuse or neglect. Sec. 18-83. Qualifications of substitutes. All substitutes shall be able to show proof that they have been self-screened against South Dakota's Central Registry. All substitutes shall be at least eighteen(18)years of age and shall not have a substantiated record of child abuse or neglect. Sec. 18-84. Qualifications of helpers. Individuals who are used to meet the staff/child ratio shall be at least fourteen (14) years of age and may assist with the care of children. They may be used as a helper when more than four (4) children who are under the age of two (2) years are present. An individual who is under the age of eighteen(18)years shall not be left alone on the premises with children in care. Sec. 18-85. Child/staff ratio. (a) A family day care provider shall care for a maximum of twelve (12) children, including the family day care provider's own children who are under the age of six(6) years. No more than four(4) of the twelve (12) children shall be under the age of two (2) years unless there is a helper in the family day care home. Under either of the following conditions, a family day care home may provide care for a maximum of two (2) additional children in addition to the foregoing maximum of twelve (12): (1) The additional children may be either school age and in care before and after school; or (2) The additional children may be in care because of a family emergency or other special circumstances. (b) Any additional children who are under the age of two (2) years and in care because of a family emergency or other special circumstance shall be included in the maximum number of children allowed who are under the age to two (2) and may necessitate the use of a helper. 14 Chapter 18 HEALTH AND SANITATION (c) This section shall supersede and preempt the any provision of the Uniform Fire Code which may establish staff-to-child ratios. FIRST READING: March 13, 2000 SECOND READING: March 27, 2000 PUBLISHED: March 31, 2000 OF : ' 1i 41 S: , 'C a."44011r "q( M„1. 9 S Mayor ° A:: } sC�\SOUS.. GA-t-( C'ty Clerk 15