City of Erie, PA
Erie County
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Table of Contents
Table of Contents
[Ord. 70-2019, passed 11-20-2019]
The purpose of this article and the resulting policy of the City of Erie (hereinafter "City") shall be to protect and promote the public health, safety and welfare of its children, to establish rights and obligations of owners and operators relating to child-care facilities in the City and to encourage owners and operators to maintain and improve the quality of child-care facilities within the City. As a means to these ends, this article provides for a systematic inspection program, registration and licensing of child-care facilities and penalties.
[Ord. 70-2019, passed 11-20-2019]
As used in this article, the following terms shall have the meanings indicated:
BUILDING OR CODE OFFICIAL
The official designated by the City to enforce building and/or similar laws and this article, or his duly authorized representative.
CHILD-CARE FACILITY
Any individual, corporation, incorporated or unincorporated organization, society, or agency which may receive or care for children under the age of 16 on a regular basis for a given part of a twenty-four-hour day regardless of remuneration. The term shall include but not be limited to day-care centers, family day-care homes, home child care, child day-care facilities, preschools, and foster homes.
OPERATOR
Any person who has charge, care or control of a child-care facility.
OWNER
The owner or owners of the child-care facility.
PERSON
An individual, firm, corporation, association, partnership or public entity.
[Ord. 70-2019, passed 11-20-2019]
From and after March 1, 2020, no person shall operate a child-care facility unless he/she holds a child-care facility certificate of occupancy ("C/O") issued by the Building Code Official.
[Ord. 70-2019, passed 11-20-2019]
Application for C/O shall be made by the owner/operator to the Building Code Official on forms furnished by the City of Erie. The application shall include:
(a) 
The name and address of the owner and the name and address of the operator;
(b) 
The location and address of the child-care facility, including the street and number for each entrance;
(c) 
The maximum number of children to receive care from the child-care facility subject to the limitations of the Uniform Construction Code and Appendix M of the International Residential Code; and
(d) 
Such other information as the Building Code Official may require.
[Ord. 70-2019, passed 11-20-2019]
A C/O shall be issued by the Building Code Official to the owner/operator after an inspection confirming that:
(a) 
The child-care facility complies with the applicable provisions of the Uniform Construction Code (U.C.C.) and the City's ordinance;
(b) 
A certificate of compliance has been issued by the Department of Human Services.
[Ord. 70-2019, passed 11-20-2019]
Prior to a C/O being issued, the applicant shall pay the annual C/O fee and schedule an inspection with the Building Code Official, Building Inspector, and Fire Inspector. After an inspection and approval from the Building Inspector and the Fire Inspector, the Building Code Official may then issue a C/O.
[Ord. 70-2019, passed 11-20-2019]
(a) 
The annual licensing fee shall be as follows:
Maximum Number of Children
Licensing Fee
(includes 1 inspection)
1 though 5
$100
6 through 12
$150
1 through 100
$200
Over 100
$500
(b) 
No reduction in the fee shall be made for fractional yearly licensing.
(c) 
Additional inspections shall cost $65.
[Ord. 70-2019, passed 11-20-2019]
Child-care facilities in existence prior to the adoption of this article must obtain a C/O and comply with this article.
[Ord. 70-2019, passed 11-20-2019]
Any structure found not in compliance with the provisions of this article and the Uniform Construction Code shall not receive a C/O and shall not be permitted to be used for child care until it is compliant.
[Ord. 70-2019, passed 11-20-2019]
Any and all C/O regarding child-care facilities shall be effective for one calendar year (January 1 to December 31). The license shall expire at the end of the calendar year in which it is issued and must be renewed annually at the rate established.
[Ord. 70-2019, passed 11-20-2019]
Appeals. A Building Code Official shall grant or deny a C/O application, in whole or in part, within 15 business days of the filing date or the application is deemed approved. Reasons for the denial shall be in writing and sent to the applicant. The Building Code Official and the applicant may agree in writing to extend the deadline by a specific number of days. A C/O applicant may request extensions of time or variances or appeal a Building Code Official's action on the C/O application to a Board of Appeals under City of Erie Ordinance, Article 1503.62, Part 15 (relating to appeals, variances and extensions of time).
[Ord. 70-2019, passed 11-20-2019]
(a) 
The Office of Code Enforcement is authorized to promulgate rules and regulations for the enforcement and interpretation of this article.
(b) 
The rules and regulations shall be on file at the Department of Code Enforcement and at the City Clerk's office, and shall be provided to each applicant for registration and license upon a request for an application.
[Ord. 70-2019, passed 11-20-2019]
The provisions of this article are declared to be severable; and if any section, sentence, clause or phrase of this article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this article but they shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.
[Ord. 70-2019, passed 11-20-2019]
Any person violating this article shall be fined no more than $300. Each day's continued violation shall constitute a separate offense. In addition, the City, through its Solicitor, may institute injunction, mandamus, or other appropriate action or proceeding at law in equity for the enforcement of this article.