CHAPTER 3 Title 6 Childcare
CHAPTER 3
CHILD CARE REGULATIONS AND LICENSING
SECTION:
6-3-1:
Purpose
6-3-2: Definitions
6-3-3: Licensing and Certification
Responsibilities of Owner, Operator, and
6-3-4:
Director
6-3-5: Applications for License
Inspection Requirements
6-3-6:
6-3-7: Right of Entry for Governing Officials
6-3-8: Expiration
6-3-9: License Issuance
6-3-10: Licenses, Denial, Suspension or Revocation
6-3-11: Reporting of Abuse, Abandonment or Neglect
6-3-12: Visitation
6-3-13: Liability
6-3-14: Penalty
6-3-15: Provisions Severable
6-3-1: PURPOSE: The purpose of this Chapter is to provide guidelines and
requirements within the City of Ammon regarding operation, inspection and licensing of
Child Care Facilities within the City. Sections 39-1101 and 39-1108, Idaho Code authorize
a local government to adopt ordinances to protect children in Child Care facilities to the
extent such ordinances are at least as stringent as the minimum standards set forth in
Sections 39-1101 through 39-1119, Idaho Code. The standards set forth in this Chapter
seek to increase the standards for the City of Ammon above those minimally required, in
order to promote a child care environment in which children receive safe, healthy and
developmentally appropriate care. The rules contained in this Chapter establish standards
and procedures for the licensure of Child Care facilities as defined herein within the city limit
of the City of Ammon. The primary responsibility for evaluation and selection of Child Care
services remains with the parents.
6-3-2: DEFINITIONS: For the purpose of this Chapter, certain words and phrases are defined
as follows:
(A) Applicant: A person making application for a Child Care license or the renewal
of a Child Care license to operate a Child Care facility or to act as a Child Care
worker.
(B) Building Official: The Building Official of the City as designated under the
International Building Code adopted by the City.
(C) Child: An individual less than eighteen (18) years of age, synonymous
with juvenile or minor.
(D) Child Care Center: A Child Care place or facility that cares for thirteen (13)
or more children during part of a twenty-four (24) hour day.
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(E) Child Care: The care and supervision provided for compensation during part of
a twenty-four (24) hour day, for a child or children not related by blood or
marriage to the person or persons providing the care, in a place other than the
child's or children's own home or homes.
(F) Child Care License: Refers to any license required by this Chapter.
(G) Child Care Operator: Any proprietor, lessee, manager, director, owner, entity,
or person in charge of any Child Care Center, Group Child Care Facility or
Family Child Care Facility providing for the temporary care of children.
(H) Child Care Worker or Staff: A person utilized by a Child Care Center, Group
Child Care Facility or Family Child Care Facility, working or volunteering at such
a Child Care Center, Group Child Care Facility or Family Child Care Facility,
who provides care for children at any point in time or who has direct and regular
personal contact with the children in such facility.
(I) Child Care Training: Preparation, instruction and education related to child
care that increases the knowledge, skill and abilities of a Child Care Worker
or Volunteer and which is part of a curriculum approved by the City of Ammon.
(J) City: The City of Ammon, Idaho.
(K) Contact: Verbal communication with and in the presence of a child or the act
of being in immediate physical proximity to a child.
(L) Criminal Background Investigation: A background investigation performed
as required by this ordinance following current City policy and guidelines.
(M) Department: The Idaho Department of Health and Welfare.
(N) Facility: The generic term referring to a Child Care Center, Group Child Care
Facility or Family Child Care Facility.
(0) Family Child Care Facility: A home, place, or facility providing Child Care for
one
(1) to five (5) children during part of a twenty-four (24) hour day.
(P) Fire Marshall: The person appointed by the City Council; or their
qualified designee to make inspections as provided.
(Q) Group Child Care Facility: A home, place or facility providing Child Care-for
compensation for six (6) to twelve (12) children during part of a twenty-four
(24) hour day.
(R) Licensee: A person having a City license in full force and effect, issued
hereunder for ownership or operation of a Child Care facility, or employment
as a Child Care worker.
(S) Member of the Household: Any person who resides in, or on the property of,
a facility providing Child Care.
(T) Onsite Non-provider: Any person thirteen (13) years of age or older residing
with an operator or director, a person who is employed by a Child Care
Center, Group Child Care Facility or Family Child Care Facility, a person
thirteen (13) years of age or older who resides at a Child Care Center, Group
Child Care Facility or Family Child Care Facility or any person who is
regularly on the premises at a Child Care center, facility, or home, or anyone
who may reasonably be expected to have unsupervised contact with
children, but does not provide direct care, such as janitorial, lunchroom staff,
pastors, immediate family members of the operator or director, children over
thirteen (13) years of age and friends who are regularly on the premises, etc.
(U) Operator or Director: A person on or off premises who is responsible for the
management, supervision and operation of a Child Care Center, Group
Child Care Facility or Family Child Care Facility and is over the age of
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eighteen (18) years of age. This person must possess a Child Care operator
license.
(V) Owner: A person, who has, owns, possesses or operates a Child Care
Center, Group Child Care Facility or Family Child Care Facility. The person
who is ultimately the responsible party for the operation and care of the
facility. This person must possess a Child Care Worker license.
(W) Person: Any individual, partnership, association, corporation, or organization
of any kind, and any governmental entity, including the State of Idaho and
every political subdivision thereof.
(X) Premises: A building or part of a building where any child care is
provided including parking areas.
(Y) Preschool: Facilities providing education for children from a child's birth to the
time at which the State begins providing elementary education or under the
age of five (5) years.
(Z) Regular: A frequency of at least once each calendar week.
(AA) Relative: Individuals related to a child by blood, marriage or adoption.
(BB) Resident: Any individual thirteen (13) years of age or older who resides in
a licensed Child Care center, facility, or home.
(CC) Visitor: An individual who is a guest at a Child Care Center, Group Child Care
Facility or Family Child Care Facility on a random or infrequent basis to provide
a prearranged event, or to visit a child and who is continually under the
supervision of a licensee and does not count in the child/worker ratio.
(DD) Volunteer: A person who intermittently provides a service to a Child Care
Center, Group Child Care Facility or Family Child Care Facility without pay
or remuneration of any kind and who is continually under the supervision
of a licensee. Must possess a Child Care worker license.
6-3-3: LICENSING AND CERTIFICATION: The purpose of licensing and certification is to
ensure, insofar as possible, that persons providing Child Care services to children are
physically and emotionally suited to do so, that the care given protects the health, safety and
well-being of the children and that the physical surroundings present no hazards to the proper
care of children.
(A) No person, partnership, corporation or association shall maintain, operate or permit
to be operated within the City any Child Care Center, Group Child Care Facility or
Family Child Care Facility as defined in these rules, without first having obtained
an appropriate license from the City, and no operator or director, as defined in
these rules, shall allow or permit the use of any facility unless a proper license for
such operation shall have been so obtained. No operator or director shall permit
any person who may have unsupervised contact with children to remain on the
premises of a Child Care Center, Group Child Care Facility or Family Child Care
Facility unless the person meets requirements for work as outlined by the State of
Idaho.
(B) Beginning January 1, 2022, all daycare centers, family/group daycare facilities
and/or preschools shall abide by all State of Idaho Code and administrative rules
and regulations and/or licensure requirements and shall also receive state
licensure regardless of the type of childcare and regardless of the number of
children cared for. All types of daycares shall submit to the Clerk a copy of their
state license to apply for or renew an Ammon City Business License in addition to
all required documentation included in Title 3 of this Code, as applicable.
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(C) Beginning January 1, 2022, licenses for childcare workers, operators, or non-
providers will not be issued by the City of Ammon. Facilities are solely responsible
for maintenance of background check(s), CPR/First Aid Certifications, Continuing
Education Hours, Etc. Licenses previously issued by the City of Ammon will remain
valid through the expiration date listed on the license.
(D) Licensing Exclusions: The regulations set forth in this Chapter shall apply to all
facilities engaged in the business of Child Care within the City limits, provided
however, that nothing in this Chapter shall be construed to apply to:
1. The occasional care of a child or children by neighbors, relatives or
friends not ordinarily engaged in Child Care for pay;
2. Facilities providing temporary care for children whose parents are on
premise;
3. Public, Private or parochial educational facilities in which children 5
years of age or older are taught a curriculum approved by the state
board of education or a facility in which the teachers are certified by an
organization approved by resolution by the City Council. This exclusion
does not apply to any facility in which children under the age of 5 are
taught an educational curriculum.
4. Summer day camps, programs, religious schools and other summer
activities operating less than a total of fourteen (14) days during a
calendar year.
5. The care of blood relatives as follows, niece, nephew, first or second-
generation cousin, grandchild, sibling, related either by blood or
marriage to the care provider, unless such care is at the same time,
being provided to unrelated children.
6. State licensed foster care facilities/homes.
7. Persons employed to care for children in the parent/guardian's home.
The primary responsibility for evaluation and selection of Child Care
services remains with the parents.
8. Hospitals, clinics or rehabilitative facilities whose primary purpose is to
provide medical care, rehabilitation services or therapy.
9. Volunteers who provide educational or training services for children at
a Child Care Facility for no more than two (2) hours in any day while
under the direct supervision of a Certified Child Care Worker, at all
times while the volunteer is in contact with children on the premises.
10. Students who are participating in a publicly sponsored or funded
educational program providing work experience in child care, child
development, nutrition, or other child related subjects, provided such
students are under the direct supervision of a Certified Child Care
Worker at all times while the student is in contact with children on the
premises.
6-3-4: Responsibilities of the Owner, Operator, and Director: An owner, operator and director
must conform to the terms of the Director/Operator License, as well as the license pertaining
to the Child Care Center, Group Child Care Facility or Family Child Care Facility. In addition:
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(A) The owner, operator, and director are responsible for knowing the standards
and rules applying to the Child Care operation covered by the license, and for
conforming to them at all times; and
(B) The owner, operator, and director are responsible for ensuring that all
volunteers and workers are familiar with the applicable rules governing the
operation; and
(C) The owner, operator, and director must immediately notify the City of any
change of management.
6-3-5: APPLICATIONS FOR LICENSE: Applications for a license are to be submitted and
action is to be initiated on all applications within thirty (30) days after receipt, as long as the
application addresses each requirement for the particular Child Care Center, Group Child
Care Facility or Family Child Care Facility. Licensing studies shall follow the format of these
rules and shall contain a specific recommendation regarding the terms of the license.
Applications shall be made to the City Clerk in the form and manner prescribed by the City
Clerk.
(A) Submission of Application: All applications for Child Care Center, Group Child
Care Facility, or Family Child Care Facility shall be filed with the City Clerk on
applications furnished by the City.
(B) Fees Charged: Fees shall be charged at the time of application for a new
license and at the time of the annual renewal for existing licenses. The fees
will be used to cover the expenses for fire inspections and general
inspections. The initial application fees shall not be refundable. Fees for Child
Care Centers, Group Child Care Facilities, and Family Child Care Facilities
shall be determined by a schedule of fees adopted by the City Council by
resolution which may be amended from time to time.
(C) License Posted: All facility licenses shall be posted in a conspicuous place at
the Child Care facility.
6-3-6: INSPECTION REQUIREMENTS: All Child Care facilities within the City of Ammon shall
meet the requirements as required by the type of facility being licensed.
(A) Fire Inspection: All Child Care facilities shall be subject to a fire inspection prior to
issuance or renewal of an application and pursuant to State of Idaho Licensing
requirements. Each facility shall meet the requirements of the International Fire
Code, Section 39-1109 based on an inspection by the Fire Marshall or
designated appointee. No license shall be approved or renewed until all
deficiencies have been corrected and approved through additional inspection.
(B) Building Inspection: Child Care facilities shall be subject to inspection, as required,
by this Chapter prior to the approval of an application. In some instances, an
annual inspection may be required. Each facility shall meet the requirements
of the International Building Code as adopted by the City of Ammon, based on
an inspection by the City Building Official or designated appointee.
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(C) Health Inspection: All Child Care facilities shall be subject to a health inspection,
as a condition of issuance or renewal of an application. Each facility shall meet
the requirements of the State of Idaho District Health Department, including
requirements in Section 39-1110, Idaho Code. All deficiencies must be
corrected and approved, through an additional inspection, as required by the
Health Inspector for a license to remain in force and/or prior to renewal of said
license.
6-3-7: RIGHT OF ENTRY FOR GOVERNING OFFICIALS: Every facility shall, upon
presentation of identification allow the Fire Marshall, Fire Chief, Building Official, Police
Officer, Code Enforcement Officer, Health Inspector, City Clerk or other designated City
Official immediate entry and full access to the Child Care facility and all required documents
for the purposes of inspection for compliance with the terms of this Chapter. The license of
any Child Care Facility may be denied, suspended or revoked, if such provider refuses to allow
entry of a City representative.
6-3-8: EXPIRATION: All licenses shall expire two (2) years from the date of issue unless
another date is endorsed on the license by the Clerk. Application for any renewal of license
after the expiration date, for persons or facilities continuously in operation, will be subject to
double the amount of the license fee to the City.
6-3-9: LICENSE ISSUANCE: If after all inspections and investigations, the applicant is found
to be in compliance with the requirements of this Chapter, the license shall be mailed to the
designated employer.
All licenses issued under this Chapter shall contain the following
information.
(A) Name of Applicant or Business Name.
(B) Address of licensed facility
(C) Date of expiration.
(D) Maximum number of children facility is authorized to have in the facility at one
time. (for facility licenses only)
6-3-10: LICENSES, DENIAL, SUSPENSION OR REVOCATION:
(A) A license may be denied, suspended or revoked by the City, if it is determined
that the applicant or licensee does not comply with the provisions of this
chapter.
(B) In the event there is good cause to believe that a Child Care Facility has
knowingly violated the provisions of this chapter, the affected licensee or
applicant shall be notified by the City Clerk of the nature of the alleged violation,
giving said person the ability to rectify or clear the alleged violation. In the event
the reviewing department heads or their designee determines the license shall
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be denied or revoked, the applicant or licensee shall be given the opportunity
to appear before the City Council to consider whether or not the determination
of the reviewing department heads shall be final. The reviewing Department
Heads shall be the City Clerk, Fire Chief, Building Official and Planning
Director. The decision of the Department Heads shall be controlling until
overruled by the City Council. Any appeal of the Department Heads decision
shall be filed within 15 days of said decision.
(C) The denial, suspension or revocation of a license under this chapter may
be appealed to the City Council of Ammon.
6-3-11: REPORTING OF ABUSE, ABANDONMENT OR NEGLECT: Pursuant to
Section 16-1605, Idaho Code any Child Care personnel or other person having reason to
believe that a child under the age of eighteen (18) years has been abused, abandoned or
neglected or who observes the child being subjected to conditions or circumstances which
would reasonably result in abuse, abandonment or neglect shall report or cause to be
reported within twenty-four (24) hours such conditions or circumstances to the proper law
enforcement agency or the Idaho Department of Health and Welfare. Any employee of a Child
Care facility shall also report any incident to their manager/owner.
6-3-12: VISITATION: Any parent of guardian shall have the absolute right to enter
the premises of any facility during the period of care for the parents or guardian's child or
children. Any failure or refusal to allow entry to a parent or guardian may be grounds for
suspension or revocation of the license, pursuant to Section 39-1113, Idaho Code. If a parent
or guardian has been granted limited or has been denied visitation rights by a court of
competent jurisdiction, this section shall not confer a right to visitation.
6-3-13: LIABILITY: Nothing in this Chapter shall be construed as imposing upon the
City, its officials or employees, any special or private duty to any person to inspect a Child
Care Facility, or to make an adequate or reasonable inspection of such facility, or to enforce
the provisions of this Chapter. This Chapter is not intended to create any liability or cause of
action against the City, its agents, officials or employees for any loss or damage based upon
the failure of any Child Care Facility, or the owner or operator thereof, to meet the standards
contained in this Chapter. The primary responsibility for evaluation and selection of Child Care
services remains with the parents.
6-3-14: PENALTY:
INFRACTION: Any violation of the provisions of this chapter deemed an
infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of
this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the
violation shall be considered a separate offense and shall be punishable by separate fines as
provided for herein. Any violation not deemed either an infraction or a misdemeanor shall be
deemed an infraction.
MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a
misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-
1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113
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6-3-15: PROVISIONS SEVERABLE: The provisions of this Chapter are severable. If any
provision of this Chapter or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect the validity of other provisions or applications of this
Ordinance which can be given effect without the invalid provisions or application.
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