[Ord. #93-1, S 1]
This chapter shall be known and cited as the "Child Care Code"
of the Montgomery Board of Health.
[Ord. #93-1, S 1]
The purpose of this chapter is to protect the health, safety
and welfare of children by setting minimum standards for certain child
care providers.
[Ord. #93-1, S 1]
The following words and terms, when used in this chapter, shall
have the following meanings:
Shall mean any person under 14 years of age.
Shall mean an individual in whose private residence child
care services are regularly provided to no fewer than three and no
more than five children at any one time for no fewer than 15 hours
per week.
Shall mean any private residence in which a child care provider
renders child care services.
Shall mean an agreement between a provider and a parent to
exchange child care services in lieu of a fee for child care services.
Shall mean the payment of money or the provision of any service(s)
other than child care, by the parent(s) of enrolled children, in exchange
for child care services by the provider.
Shall mean a natural, foster or adoptive parent, guardian
or any person with responsibility for, or custody of, a child.
[Ord. #93-1, S 1]
The following minimum standards are hereby established for the
safe and healthful operations of child care providers.
[Ord. #93-1, S 1]
No individual shall provide services as a child care provider without having first received a permit therefor in accordance with the Land Development Ordinance (Chapter 16) of the Township of Montgomery.
[Ord. #93-1, S 1]
a.
A provider shall be permitted to care for, for a fee, no more than
five children at any one time.
b.
A provider may serve additional children as part of a cooperative
agreement between parents or guardians for no fee.
c.
Children regularly residing in the provider's home shall not be counted
in the total number of children being cared for in the home.
[Ord. #93-1, S 1]
The provider shall ensure that:
a.
Thirty square feet of floor space per child is available for the
children's activities.
b.
The temperature of rooms used by children is maintained at 65°
F.
c.
Floors, walls, ceilings, furniture, equipment and other surfaces
are kept clean and in good repair.
d.
Adequate ventilation is provided by means of open windows, fans,
air conditioning or other mechanical ventilation systems.
e.
Warm and cold running water are available.
f.
Working indoor toilets are easily accessible to children.
g.
Play equipment, materials and furniture for indoor and outdoor use
are of sturdy and safe construction, non- toxic, easy to clean and
free of hazards that may be injurious to young children.
h.
The home contains sufficient furniture and equipment to accommodate
the needs of the children in care.
i.
A working telephone is available in the home.
[Ord. #93-1, S 1]
a.
The provider shall have a written plan for the emergency evacuation
of the children from the home.
b.
The provider shall ensure that:
1.
At least one working smoke detector is installed on each floor of
the home, including the basement and sleeping rooms;
2.
All interior doors that can be locked from the inside have a means
to be unlocked from the outside in case of an emergency;
3.
All heating or cooling devices are adequately vented, protected by
guards and kept clear of combustible materials;
4.
Wood-burning stoves have protective barriers and are not accessible
to children;
5.
Portable liquid fuel-burning heating appliances are not in use when
children are in care;
6.
Stairways, hallways and exits from rooms and from the home are unobstructed,
except for safety barriers;
7.
Electrical cords are maintained in good condition;
8.
One fire extinguisher is located on each floor of the house, one of which shall be in the kitchen. The provider shall be responsible for proper maintenance of the level of charge in such fire extinguishers. All fire extinguishers shall be inspected annually as part of the inspection authorized in subsection BH17-4.15;
9.
There are no multi-plug adapters, such as cube adapters, unfused
plug strips, or any other device that is not approved by a nationally
recognized testing agency;
10.
There are no extension cords or flexible cords used as a substitute
for permanent wiring or affixed to structures, extended through walls,
ceilings, floors, under doors or floor coverings, or subjected to
environmental damage or physical impact which may result in damage.
[Ord. #93-1, S 1]
The provider shall ensure that the home and its furnishings
present no hazard to the health and safety of the children in care,
including but not limited to the following:
a.
All corrosive agents, insecticides, bleaches, detergents, polishes,
medicines, poisonous plants, and all toxic substances are stored out
of the reach of children.
b.
Non-permanent safety barriers are installed to prevent children from
falling from stairs, ramps, balconies, porches or elevated play areas.
c.
All electrical outlets that are accessible to the children have protective
covers.
d.
A working flashlight is available for emergency lighting.
e.
All sharp objects are out of reach of the children.
[Ord. #93-1, S 1]
If outdoor activity is provided, the provider shall ensure that
an adequate, safe outdoor play area is available either adjacent to
or within a reasonable and safe walking distance of the home.
[Ord. #93-1, S 1]
Whenever the provider transports enrolled children, the provider shall be in possession of a valid automobile driver's license and valid vehicle inspection sticker and shall comply with all applicable state laws and rules regarding the use of infant seats, child passenger restraint systems, and seat belts. Such transportation requires parental permission as set forth in subsection BH17-4.14a.
[Ord. #93-1, S 1]
a.
A record of a health examination shall be provided by the child's
parent to the provider upon or within one month following admission
to the home. The record shall include:
1.
The name and address of the examining physician.
2.
A statement by the examining physician indicating, when applicable,
information on any condition or handicap affecting the child and any
recommendations for needed medical treatment or special requirements
as to diet, supplements to diet, rest, allergies, avoidance of certain
activities and other care.
3.
An up-to-date immunization record appropriate to the child's age
or documentation that the child is under a prescribed medical program
to obtain immunizations and the timetable for doing so.
b.
If immunizations are not given to a child for medical reasons, the
provider shall require the parent to submit a written statement from
a licensed physician attesting to the reason the immunization is medically
contraindicated and the specific time period that the immunization
is medically contraindicated.
c.
A child shall be exempt from the aforementioned physical examination,
immunization and/or medical treatment requirements if the parent or
parents of said child submit a signed, written statement claiming
that same interferes with the free exercise of the child's religious
rights.
d.
Immunization information shall be kept on standardized forms as provided
by the Montgomery Township Health Department.
[Ord. #93-1, S 1]
a.
When an accident or injury occurs to a child while in the provider's
care, the provider shall take the necessary action to protect the
child from further harm and arrange for any necessary emergency medical
attention. The provider shall notify the child's parent(s):
b.
Basic first aid supplies shall be in the home, and shall be stored
out of the children's reach but readily accessible to the provider.
c.
Telephone numbers of the nearest police department, fire department,
ambulance service or rescue squad, and poison control center, the
provider's address, and a telephone number through which the provider
can be reached shall be posted in a readily accessible area of the
home.
[Ord. #93-1, S 1]
When coming into contact with bodily fluids or secretions, the
provider shall use disposable gloves whenever possible; when not possible,
the provider shall immediately wash with soap and water any exposed
area of the child and of the provider and, whether or not gloves are
used the provider shall sanitize any contaminated surface or equipment
with an approved disinfectant, such as a 1:100 part solution of chlorine
bleach and water.
[Ord. #93-1, S 1]
a.
The provider shall ensure that all enrolled children receive nutritious
meals.
b.
Drinking water shall be made available to the children at all times.
In the event the provider's home is served by a private well, an authorized
agent of the Montgomery Township Board of Health shall, on an annual
basis, draw a sample of raw water from the private well for delivery
to a New Jersey certified potable water laboratory. The sample shall
be analyzed for bacteriological and nitrate content. Failure of the
water to meet the bacteriological and nitrate requirements of the
State of New Jersey Primary Drinking Water Regulations (N.J.A.C. 7:10-1
et seq.) shall be cause for the Board of Health to require adequate
disinfection in accordance with N.J.A.C. 7:10-12.33.
Notwithstanding anything herein to the contrary, the Montgomery
Township Board of Health may require the well water to be sampled
more frequently than once per year, and/or the Montgomery Township
Board of Health may require additional analyses for additional contaminants
if there is a reasonable cause to believe maximum contaminant levels
of any contaminant regulated by the Safe Drinking Water Act are being
exceeded.
[Ord. #93-1, S 1; Ord. #93-5, S 3]
a.
The provider shall inform the Montgomery Township Board of Health
and the parents of enrolled children regarding the circumstances under
which sick children will be admitted to or excluded from the home.
b.
If the provider chooses to care for sick children in the home, the
provider shall report by telephone to the Montgomery Township Health
Officer the suspected or confirmed presence of any of the communicable
diseases set forth in Exhibit A, which is annexed to and made a part
hereof.[1] Said Exhibit A is based upon the listing of reportable
diseases set forth in N.J.A.C. 8:57-1.3 et seq.
[1]
Editor's Note: Exhibit A, referred to herein may be found
as an attachment to this chapter.
[Ord. #93-1, S 1]
[Ord. #93-1, S 1]
a.
The provider shall discuss the child's daily activities and routines
with each child's parent(s) upon enrollment and periodically thereafter,
and the parent(s) and the provider shall enter into a written agreement
(which may be in the form of a letter signed by the parent(s) and
provider) which shall set forth the foregoing, as well as the method(s)
of authorized transportation for the child. The provider shall allow
only the guardian, parent or adult(s) specifically designated by the
parent(s) in writing to take the child from the provider's residence.
Both father and mother will be authorized to pick up their child unless
a court order states otherwise.
b.
The provider shall inform each child's parent(s) upon enrollment
about the presence of pets in the home.
c.
The provider and the child's parent(s) shall discuss and agree upon
positive methods of discipline.
d.
The provider shall permit the parents of enrolled children to visit
the home at any time when enrolled children are present. Parents may
be restricted to visit only those areas of the home designated for
care of enrolled children.
e.
The provider shall consult with each child's parent(s) regarding
the child's feeding schedule and nutritional needs.
[Ord. #93-1, S 1]
a.
The standards set forth in this chapter shall be applied in a uniform
manner to all child care providers and the premises on which child
care services are rendered. These standards have been promulgated
in order to protect the health, safety and welfare of children who
are enrolled, for a fee, with a child care provider, and who are not
otherwise specifically protected by state statute or rule.
b.
In order to assure compliance with these standards, the Montgomery
Township Fire Official or Fire Subcode Official, and an authorized
agent of the Board of Health shall inspect annually, or as often as
deemed necessary, all premises where child care providers render services,
and such individuals shall not be denied access to said premises.
Denial of access for inspection purposes shall result in an immediate
recommendation to the Zoning Officer that the provider's permit be
denied or revoked, as applicable.
c.
The costs for the analytical tests required in subsection BH17-4.11 and for the inspections authorized in this section shall be borne by the provider and shall be payable to the Township of Montgomery. Inspection fees shall be as follows:
|
Initial and annual inspections by an authorized agent of the
Board of Health
|
$45
|
|
Each additional inspection by an authorized agent of the Board
of Health
|
$10
|
|
Each inspection by the Fire Official or Fire Subcode Official
|
$40
|
|
Each analytical water test
|
$35
|
|
Special additional water test
|
Reimbursement of Township's cost
|
d.
Upon the completion of any inspection by an authorized agent of the Board of Health, said agent shall issue to the provider a letter of compliance stating that the provider has complied with the requirements of this chapter, or a letter indicating any deficiency or deficiencies and a schedule setting forth the required date(s) by which such deficiency or deficiencies must be corrected and reinspected. Nothing herein shall constitute a waiver of the enforcement and penalty provisions set forth in subsection BH17-4.17, if deemed applicable by the Health Officer.
[Ord. #93-1, S 1; Ord. #99-01, S 8]
In the event a provider or prospective provider believes that an extreme hardship will result from the strict enforcement of any of the provisions of this chapter, a written application for a temporary variance from such provision may be filed with the Health Officer, who shall render a decision no later than seven working days after receipt of a written variance request and inform the Board of such decision at the next regularly scheduled meeting. In the event the provider or prospective provider is dissatisfied with the determination of the Health Officer, an appeal may be filed with the Board of Health in accordance with the procedures set forth in section BH1-3.
[Ord. #93-1, S 1]
a.
In the event a provider does not meet the minimum standards set forth
in this chapter, the Health Officer and/or the Fire Official or Fire
Subcode Official, as appropriate, may immediately recommend to the
Zoning Officer that the provider's permit to provide child care services
be revoked, denied or suspended, as applicable.
