[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:
The official designated by the City to enforce building and/or
similar laws and this article, or his duly authorized representative.
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.
Any person who has charge, care or control of a child-care
facility.
The owner or owners of the child-care facility.
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)Â
The name and address of the owner and the name and address of the
operator;
(b)Â
The location and address of the child-care facility, including the
street and number for each entrance;
(c)Â
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)Â
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:
[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)Â
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)Â
No reduction in the fee shall be made for fractional yearly licensing.
(c)Â
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)Â
The Office of Code Enforcement is authorized to promulgate rules
and regulations for the enforcement and interpretation of this article.
(b)Â
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.
