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12. Zoning Ordinance to amend Section 20-814 Day Care Center as party of Multi-tenant Bldg. C I T Y O F P.C. DATE: Sept. 7, 1988 II ∎\1 Y CHANHASSEN' C.C. DATE: Sept. 26, 1988 CASE N0: ZOA 88-14 -......\_„- .. IPrepared by: Dacy:k• STAFF REPORT I PROPOSAL: Zoning Ordinance amendment to amend Section I 20-814 to allow state licensed day care centers as part of a multi-tenant building. Iz IoLOCATION: u9.17.. APPLICANT: Richard Anderson ' Heitman Financial Corporation 10371 West 78th St. Eden Prairie, MN 55344 1 PRESENT ZONING: IACREAGE: Coon by L ^J '* DENSITY: I �ndorsecL !/__ -, ADJACENT ZONING 4oiiled_ -- AND LAND USE: N_ Bel4cted..._..._.._-______ IS_ rite Subn;itted tJ s, rr I o W- IW WATER AND SEWER: ICn PHYSICAL CHARAC. : I2000 LAND USE PLAN: II ZOA 88-14 September 7 , 1988 Page 2 1 BACKGROUND , The City Council approved the Zoning Ordinance amendment to allow state licensed day care centers as an accessory use in the IOP, Industrial Office Park District on July 11, 1988. The Planning Commission reviewed this request at the June 15 , 1988 meeting. ANALYSIS ' Staff advised the applicant that a separate ordinance amendment should be considered for this application. Our initial interpre- tation for a day care center as part of a multi-tenant building was that it could not be considered as an accessory use as it would be one of many principle uses in a multi-tenant building. Secondly, staff felt that the City may want to evaluate these facilities as part of an existing multi-tenant building in a dif- ferent manner than would for a free-standing facility. The applicant has requested this Zoning Ordinance amendment in order that the day care center can occupy space in the Heitman building (former Chanhassen Lakes Business Center Phase I building) and convert a portion of the parking area for the out- door play area. Staff contacted other communities specifically regarding day care ' centers as part of an existing multi-tenant building. Chaska permits day care facilities in their industrial parks . The Lady Bug Day Care Center in the Jonathan Industrial Park occupies a corner of the building and has an outdoor play area fenced between the road and the building. Ten spaces in the parking area are specifically reserved for the use. St. Louis Park was contacted regarding the day care facility in the Minneapolis West Business Center ( see Attachment #1) . In this particular case, the City did require a special use permit prior to installation and required that adequate stacking and parking area be available to provide for adequate drop-off and loading facilities. The St. Louis Park example did convert a portion of the parking area for the outdoor play area. Because of the play area' s proximity to a major highway, the City requested a special analysis from the day care operators regarding carbon monoxide and lead poisoning. It was determined that there would be no adverse impact from the highway. • In Chanhassen' s case, the same type of issues hold true for the Heitman building or the other multi-tenant buildings in the park. The building is constructed based on a parking ratio of office and warehouse space. Once a specific use such as a day care center occupies the building, then other standards should apply. It is recommended that a day care center be a conditional use prior to occupying a rental space in a multi-tenant building in order for the City to insure that the pedestrian and traffic I 1 f 6 ZOA 88-14 September 7, 1988 Page 3 Iconflicts are minimized, that there is adequate loading and drop- off area, and that the outdoor play area is located in such a manner so that access to the play area is safe from traffic conflicts or loading activity conflicts. In this situation, if the City agrees to amend the ordinance, the operators of the day care center would have to apply for a conditional use permit. The same standards that are currently in place for day care cen- ters in the residential districts would be appropriate in these 1 situations as well. Again, the primary concern is parking access facilities. RECOMMENDATION IIt is recommended that the Planning Commission adopt the following motion: i "The Planning Commission recommends approval of Zoning Ordinance Amendment Request 88-14 to amend Section 20-814 as Ifollows : (14) State licensed day care centers as part of a multi- tenant building. Additionally, to add to Section 20-292 , State Licensed Day Care Centers : I1 . The site shall have loading and drop-off points designed to avoid interferring with traffic and pedestrian movements . 2 . Outdoor play areas shall be located and designed in a manner which mitigates visual and Inoise impacts of adjoining residential areas . 3 . Each center shall obtain applicable state, county and city licenses . PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the request as presented by staff. The Commission, as done in the previous application, directed staff to investigate any addi- Itional standards to include in the ordinance. STAFF UPDATE The same discussion written in the previous report holds true for this application. More complicated with this application, however, is retrofitting existing parking and access areas for new traffic movements and separation of play areas . The plan I I I I August 18 , 1988 Ms . JoAnn Olsen City of Chanhassen 690 Coulter Chanhassen, MN 55317 re : Amendment of City Ordinance to permit Day Care Facility in Industrial Zone within Warehouse Building-not free standing Dear Ms. Olsen : I Enclosed is an Application for subject Amendment covering a property described as Lot 1 , B 2, Chanhassen Lakes Business Park 5th Addn. Prev- iously I filed with you a proposed floor plan. Please schedule a hearing on this matter at I your earliest convenience. Yours very truly, I ANDERSON ASSOCIATES i By -- RICHARD W. ANDERSON I RWA/a enclosure : Application , 1 I cc : New Horizon Child Care Center Heitman Financial Corporation • I CORPORATE REAL ESTATE RELOCATION CONSULTANTS I City West Business Center 6567 City West Parkway,Minneapolis,MN 55344(612)944-2053 - - x - s II LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 II (612) 937-1900 APPLICANT: HEITMAN FINANCIAL CORP OWNER: HEITMAN FINANCIAL CORPORATION IIADDRESS 10371 W. 70th Street ADDRESS 10371 W. 70th Street Eden Prairie , MN 55344 Eden Prairie, MN 55344 II TELEPHONE (Daytime) 944-0233 Zip Code TELEPHONE 944-0233 Zip Code 1 REQUEST: Zoning District Change Planned Unit Development IZoning Appeal Sketch Plan Preliminary Plan Zoning Variance Final Plan Zoning Text Amendment Subdivision Land Use Plan Amendment Platting Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review Wetlands Permit IPROJECT NAME PRESENT LAND USE PLAN DESIGNATION Industrial IREQUESTED LAND USE PLAN DESIGNATION Industrial PRESENT ZONING Industrial IREQUESTED ZONING Industrial I USES PROPOSED IJay ar ce fac ility within warehouse building SIZE OF PROPERTY Over 10 acres ILOCATION 1:155 Park Road, Chanhassen , MN REASONS FOR THIS REQUEST j2rdinance does not permiFacility 1111.. i within Warehouse building,notwithstanding office and warehouse users in immediate area have desire for day care facility. ILEGAL DESCRIPTION (Attach legal if necessary ) Lot 1 , B 2 , Chanhassen Lakes Business Park 5th Addn , Carver County, MN ITorrens Certificate 15858 II I Cit y of Chanhassen II Land Development Application Page 2 FILING INSTRUCTIONS : ' • This application, must be -completed in full and be typewritten or clearly printed and must be accompanied by all information and II plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application . II IIFILING CERTIFICATION: Tile undersigned he is familiarrwithtthevproceduralprequirements l hereby certifies ; applicable City Ordinances , of all HEITMAN F �'. `NCIAL j' ORATLaN Signed B � � ' -�� Date Appl an �, —$4� 0/88 The undersigned hereby certifies that the applicant has been II authorized to make this application for the property herein described . HEITMAN FINA IAL CORPORATION I Signed B '` G / Fee .^ne. r Date —�Ll� /Ra II 1 (17)• 15 1 - t-it--fE_, Date Application Received II Application Fee Paid City Receipt No. II II * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their r meeting. II II • '''..? ■w IN wil■1 m, 4> =_-_-___...- I..'. I ,- . .-•.4.-, , -: :I %5.'',:‘,L.7• \ .• 4• , ,_, ,0* -4 -.. " ' I • ... • 4 \--), . „: • _,, - ____...- ''' -57 \.. ... , C1. ? ::',,,, oo•/21.1 re . 1144,nC flOgri ,... -1111111111k b, I t,t,•°°,: c, c • c., .,_. ''.\-- --N .--.'• 09;C. 4 4 0 . ' - 0 (.7' . \ k:-' s c Crt ‘1•00 \ 1, t., .. \ . 'ci-i. „ 0.. ;0000° ‘ I '- ON, i a .ms sovOl‘° i,•), „--:.t. ''% _,00 ,,....--,-,0 '-- i!3" ...' , \ s 3043 0c4 Os •- -* - - ,C - • %'..."' •..V ••--- : ... , od. ..„4 - -- c, 74 14, \ i • 4.. 5511"c ". ■ \4 .4 I • ---1. °‘ 14 \ \ : :Lc,: .... •••,...- , •, ei.*- -a ----■,/ ee'r•I. 1. t'• -- 7.. ..° • 0 \ \• 1.7,, to .. 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' - •..., .,.,.e.•.....‘.f....,;1. .?..7:0, .! ;ft ,44';';,,SX .'"'.'e,''.,'''-'-.:'''''!",-' •:)'-i-'!'ill -*'.'bin ' ,''.., _:-...!..:,i''.'. ,V',..±:r 3.:1;Z.' '; '• '-•,. .., Planning Commission Meeting June 15, 1988 - Page 20 C i Wildermuth : Excellent idea . I think Instant Webb is to be commended . I think they' re probably the first company in Chanhassen to have a daycare center . Emmings : I have no comments . I agree with Annette . Ellson moved , Wildermuth seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment Request #88-10 to amend Section 20-813, Permitted Accessory Uses of the IOP, Industrial Office Park District as follows : (4) State Licensed Day Care Center . All voted in favor and the motion carried . ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-904 AND SECTION s20-615 (6B) , ACCESSORY STRUCTURES TO PROVIDE SETBACKS AND MAXIMUM SIZE OF ACCESSORY STRUCTURES, STORAGE BUILDINGS AND DETACHED BUILDINGS. Olsen : We' re asking you to table it right now until we can republish . We want to publish the whole thing so people can see it. I Emmings : At this point you just want to know that we . . . Olsen : That this is okay. The new stuff is in bold hopefully to make it easier to see what the changes were. Emmings : We' re going to table this I guess . Conrad: So we' re not going to have a public hearing . Emmings : So we' re not going to have a public hearing and I think what they' re asking for is our comments as to the content of this when it does ' I come back on the public hearing so they want to be sure that we ' re in agreement with what this says at this point in time. If anybody' s got any reservations , just go ahead and speak them out . Conrad: The only thing that I find interesting is the City Council , who was very concerned about 1, 000 square foot accessory building and we rationalized 1,000 as a good sized three car garage and a shop. That ' s � I how we came to that 1,000 feet . That makes sense to me. I have no other comments but that' s a number we could certainly move around. Whether it' s 1, 000 or whatever . I think City Council will move it to where they want I I to move it anyway so I don' t really care. Emmings : The 3 acres is the same thing . It could be 3. It could be 4 . It could be 5 or 9 but I think it ' s reasonable. Then does everybody feel I that this basically says , that it brings together what we tried to do so many times before. I I '• a , 9545.0268 LICENSItiG OF FACILITIES FOR CHILDREN .. +I $ .,,Iii. 3331 LICENSING OF FACILITIES FOR CHILDREN 9545.051{1 t Children Children !'I ^ 1 1. Interim and Permanent(3 foster-5 total) Chi[drep r r [Repealed,9 SR 2106] 95.15.0310 Re Licensed l2 hours 0-2 3 Absolute 5 K 11 III e„ • 95.45,0320[Repealed, 9 SR 2106] less than ? 1 in this y I''' 9545.4330[Repealed,9 SR 21061 �� Years 4 4 " t Exclusively Permanent or Restricted category I„�„,' ' 9545,43!44(Repealed,9 SR 2106) :,,, • No 5 2 7 -1 . �Cjr,' 9545.0350 [Repealed,9 SR 2106] r Requirement 6 l 7 - s 9545.0360[Repealed,9 SR 2106] • 2. Interim and Permanent(5 children total) -- 'lir: 9Si5.437Q[Repealed, 9 SR 2106] Licensed or m re 1?hours 4 1 5 S 9545.0380(Repealed, 9 SR 21061 years 2 3 9545.0390[Repealed, 9 SR 2106] 3 i 1 5 9545.0400 [Repealed,9 SR 2105] Exclusively Permanent or Restricted No 4 I 5 9545,0410[Repealed,9 SR 2106] Requirement 5 2 ? _ , , r r 9545.0424[Repealed,9 SR 2106] 6 1 • 3_Emergency Shelter 17 children total) 7 l'!1,,-',- • 9545.0430[Repealed, 9 SR 2106] s' 12 hours 9545.0441) R 2106] i�'' 6 hours 7 , •:■" (Repealed, 9 SR 2106 ' S, 3, z :; (Special '.'1"C' ,;#` 954S.Ih450[Repealed,4 SR 21061 _ needs) GROUP DAY CARE OF PRESCHOOL AND SCHOOL AGE CHILDREN 4.Special Services(Handicapped oro Extraordinary(are)(4 Foster- 5 total) 1:E 1 9545,0510 HEAH AND SAFE1Y LICENSE REQUIREivMENTS AND E�4IP a)Licensed 12 hours 4 '4,s LIONS. 3 years+ 6 hours 1 4 ,,,,, 12 hours (Special 3 5 A group day-care center program that has received an exemption from I ,• related (Special 3 5 liceasure from the commissioner of education must,in addition,possess a health 2 5 ^ and safety license from the De training 4 1 5 _ Department - ' OR to 9545.0670.The following regulations shall be met b)Experience Tr' Requirements Exemptions —1 year with - A. Definitions All subparts None • handicapped +6 hours (part 9545.0520) [ relattin ffi *' S. Licensing laws subparts `i OR and procedures I through 16 subpart 17 : 1 c)25 hours (part 9545.0530) • related ?r;w training C. Facility subparts 1 to l2, subparts (ixut 9545.0540) and 14 13 and 15 l 5.Group Family(10 children total) :',j; . i 2 hours l p D. Program subparts 4, subparts 1, • 6 hours (No more than 2 children (part 9545.0550) 5 and 6 2,3 and 7 • (Special with severe handicaps at needs) one time E. Health all subparts None ` EXCEPTIONS: (part 9545.0560} i a) Siblings need placement together. Maximum Number: Seven children F. Admissions subpart {{ total. Bari 2 subparts F� 1 �s (part 9545.0590) 1 and 3 ij, , b)Home has five or six children of its own under age 18.Maximum Number, '- 1 Seven children total. l G. Star subparts 3 and 4 subparts 1,7, F :( s c)Child needs to lie placed again in the same home. Maximum Number. '� (parr 9545.0600) (Stair: Child 4 (Staff even children total. .` Ratio} distribution ` and group size) '• Statutory 1st .i-j J:.t?S s 145.803 sulxl! = r ! � ,.,( (; all l';,s,. �!vue ' 9545.0510 LICENSING OF FACILFTIES FOR CHILDREN 8832 ! } 8833 LICENSING OF FACILITIES FOR CHILDREN 9545.0520 ,so H. Organization subparts 3 and 4 I4111!�!�q�` (pan 9545.06W) re subparts 6, . sy�U�p Subp. 9. Day-care."flay-care" means the care of children outside of their ' -. !!�,1' home for part of a 24-hour day by persons unrelated to them by blood or I. Handicapped subparts 1;2, subparts 2, .it"-h�,' I;�Ii,�jlill�r marriage. Day care includes group day care,family day care,and group family (part icappe624 items B, E;3 ,�i,,y. day care(see also parts 9545.0310 to 9545.0450. G items A and D;4 } (part prt954ies parts 9545.064[1, parts 9545.0640 , ! i1� Subp. 10. Department. "Department" means the Department of Human parts 9545.0630- 9545.1)660, and 9545.0630 ill 1II 's i. Services. 9545.0670 9545.0670 ' . IT! Subp. t I.Drop-in care_There are two types of drop-in care: Statutory Aathurity:MS s 245.802 subd I A.,f 111.4 A, Combined program.. The acceptance of additional children into a History:L 1984 e 654 art 5 s 58 till�;`•,'. licensed child care program on an irregular basis(not more than one-fifth of the m;.*;�;a��!yl center's week)but not to exceed the facility's licensed capacity during any part 9545.0520 DEFINITIONS. ri"S!I',h of the day.The percentage of drop-in Y• g pin children shall not exceed ten percent of the Subpart 1. Accredited coarse. "Accredited coarse" means a course that is 'a'',1 total attendance. offered by or through an institution with an accreditation.Courses need not be ,',a"l1i''ii!; B.Total drop-in program.Centel'whose total licensed capacity is based taken for credit, but must have an assigned credit value by the institution.An s*--,'i;;;l!!'' . primarily on children who attend on an irregular basis. accredited course is considered to be three university or college quarter credits s'.l:;• - Subp. 12. Facility. "Facility" means the physical environment in which a or 30 voC,ntioaal-technical clock hours of training, group day-pare program takes place. Subp. 2. Affirmative acting plan. "Affirmative action plan"means a state. .,441''';,4' Subp. 13.Group day-care center."Group day-care center" means any pro- meat explaining how a center intends to recruit persons without discrimination, ' ','i ''' m that,for compensation or otherwise, Subp. 3. � � ` � P se,provides day or night care for six or groupings."Age groupings"means 9"- more children at one time,The term includes,but is not limited to,programs for A. Infant:child aged six weeks through 15 months; •11 i, children known as nursery schools,day nurseries,child care centers,play groups, B.Toddler:child aged 16 months t 'Ill'- ern,plc through 3fl months; i ! ; day-care centers for school age children,after-school programs,infant day-care C. Preschool child child aged 31 months through five yeas; centers,cooperative day-care centers, and Head Start programs. D. Primary school child child aged six through eight years;and • l Subp_14.Licensed capacity."Licensed capacity"means the limmaximum num- E, Intermediate school child:child aged nine through 12 of children who can be in attendance at a center at a given time. �� Subp. 1.5.Parent cooperative."Parent coo perative"means a nonprofit group Subp• 4. Aide.Sep staff-child care assistant Subp. S.Child Beret child care program that is governed by a board of at least 70 percent parent-users P development assistant training program."Child development assistant training program" means's ;7 anof d the group child care program.meetings The board must va l at least inspection six weeks, program offered by vocational-technical '�;. and minutes of these board meetings shall be available for inspection by a institutes,junior colleges, and the University Technical Institute, involving-a' . . ,,,! representative of the department_This board shall make all continuing opera- minimum of 1,080 hours of activities and courses oriented to and focused on the tional decisions about staff,progam,budget,and o practical application of child development ge organization structure. Subp.6.Child development assneiaete."Child development associate"means Parent cooperative shall be specifically exempt from rules in the following a person meeting the skill and competency requirements parts: Development. ��3+� by the Office of Child .',. - A. Definitions 9545.0520 p ( ) no exemptions Subp. 7. Child B. Licensing laws and procedures no exemptions P development training.."Child development training" shall (9545.0530) include courset that are relevant to the programs, All training should not be in C. Facility(9545.0540) no exemptions one area.The following are examples of areas of training and courses which may $, D. Program(9545.0550) subparts 1,items • be taken: Areas of Training Examples of Courses �. '' C and E;2 4;5;6;and 7 , Child growth and developnzeat Child psychology E. Health,nutrition,and safety no exemptions Family relationships Parent effectiveness (9545.0560 to 95.45.0584) training :s:: F. Admissions(9545-0390) no exemptions Preschool methods and G. Staff(9545.0600) subparts I.2;3, curriculum development Music,art items A,B, Human relations Sensitivity training,study ,.: and D;4(staff of ethnic backgrounds rounds distribution Food and nutrition Menu planning _ ° and group size); Administration of programs Budget,management ,;s:. 5;and 6 To be considered in entry level staff qualification,training must be offered H. Organization and administration subparts 2,item through << (9545.0610) 4,rem B (2); ugh an accredited body. These child development training courses qualify 4,item B staff for group day-care centers but do not imply certification. by the State -..1.•: Department of Education. If a parent cooperative employs staff in the position of director, teacher, • Subp.S.Cenimisasoner.`Comrnissianer"ateansthe oomrmissioneralbumen and/or assistant teacher who are not parent members, hired staff shall not be services. t exempt from part 9545.0600,subparts 1,2, 3, and 5. Other rules for group day-care programs may be waived for a parent coopera- ,1416.11111 . 1. 1 9545.0520 LICENSING OF FACILITIES FOR CHILDREN 8834 .- i tive as long as the health and safety of children is not endangered (see part '!E 1 8835 LICENSING OF FACILITIES FOR CHILDR N 9545.0530 9545.0530, subpart 14). ;< 1 Subp,4.Provisional lice�e.A provisional license shall be issued to all new F= group day care centers for a designated period. A provisional license may be Within the first year of licensure and annually thereafter,inforntation on the granted for up to one year to a new group day care center that meets necessary exempted sections shall be submitted to the department, health and safety requirements but does not meet all requirements for licensure. Subp. 16. Person operating a group day-care facility. 'Person operating a Reason:T o begin a new progra m some discretion is desirable. group day-care facility"includes an individual,association,corporation,partner- ,so able. ship,any political subdivision of the state;and any agency,board,or department , Satisfactory compliance: of such a political subdivision. I A.The health,nutrition,and safety requirements of parts 9545.0560 to Subp. 17.Program."Program"means a combination of activities that,taken -or-a,. i 9545.0580 must be met,except as noted(see parts 9545.0560 to 9545.0580). together,constitute the nonphysical environment of a center.Materials and staff B. The license is issued for a period up to one year and shall not be necessary to carry out the center are part of the program. `Ape, renewed after one year. Subp l3. Stall:"Start"includes: C. A plan for full compliance with standards must accompany the A. Director.person responsible for all aspects of the operation of the application for licensure. group day-care center(e.g.,administrative duties,staff supervision and training = D. Written notification of the granting of a provisional license by the record keeping,program planning,budgeting, liaison with state and local agen- r department must be made to the child cane operator specifying the reason, cies, etc.). duration,and conditions for continuing and/or terminating the provisional license. B. Teacher_ person responsible for planning and implementing the This will include the plan that is required for fall compliance. program of the group day-care center(e.g., plans and conducts daily program Subp. 5.Terms of regular license.The terms of the regular license are activities, prepares program materials, supervises, and trains other staff, etc.). A.The license is issued for up to two years and is not transferable to Other titles used to designate persons with these responsibilities include teacher- another operator or site. director,head teacher,and lead teacher. a_The license is issued after the center has operated under a provisional C.Assistant teacher;works with the guidance of the teacher and director e. license for a designated period(see subpart 4). to carry out the program of the center. D.Child care assistant assists the teacher or assistant teacher with all Subp. 6.Changes in val arse terms.Any changes in the terms of the license aspects of the planned program.Other titles: aide,child-care aide, must receive prior approval from the department E Volunteers persons offering their services to a Sub p.7.Specificatiars as license.The license shall prescribe the number and group day-care facility ages of children to be cared for and the hours and days of operation_ without reimbursement other than for expenses. Subp.19.Scat/development."`Staff development"means programs of practi- *" Subp.8.Appeals.appeal applicant or licensee whose license is denied,revoked, cal education,e.g.,workshops,courses,seminars,which focus on a specific topic or not renewed may appeal to the cur shall note in accordance with Minnesota with a designated leader or facilitator for the purpose of job orientation,attitude _ Statutes,chapter 14.The department shall notify by certified mail any facility development,learning or improving work techniques,curriculum development, whose license is denied,revoked,or not renewed.The grounds for the depart- and upgrading standards.Training may be on-site at the center or away from the meat's action and procedures for perfecting such appeal shall be stated. The center. It may be offered by a variety of sources such as individual centers, license must be returned to the department,and all advertising for the center community sources,local school systems,professional groups,vocational schools, trust cease colleges, or universities. Subp.9.Termination of service.When the group day-care center decides to Subp. 20. Waiver."Waiver" means temporary permission to disregard a r terminate its service,notice of the dosing must be sent to the department and particular licensing requirement or rule. the license must be returned.. Statutory Authority:re MS s Z4S.8U2 stetxI! t Subp. 10.License remand.The licensee mast reapply for a renewal license. Statutory L 1984 c 654 an S s 38 The department shall mail proper notice of license expiration and license renewal forms no less than 60 days prior to expiration of the license.The department shall 9545.0530 LICENSING LAWS AND PROCEDURES, make arrangements for the relicensing visit to determine whether the department • Subpart I. Application forms.Application for license shall be made on the standards continue to be met form issued by the Department of Human Services.Application may be obtained Subp. 1 L Sanctions.State law provides that every person who operates a from the department.Application for license is not complete until all supporting facility required to be licensed pursuant to Minnesota Statutes,sections rho ns sections, 245.781 documents have been received by the department. to 245.812, without a license, or who violates any provision of those sections, Subp.2. I'telicensieg consultation.Applicants for licensure shall make con- shall be guilty of a misdemeanor. Any person who offers or advertises a facility tact with the department to schedule prelicensing consultation required to be licensed pursuant to Minnesota Statutes. sections 245.781 to Subp 3.License.After application for a license has been approved by the 245.312,prior to obtaining such a license,except for the purpose of pre-enrolling commissioner, a license shall be issued giving �a staff and/or children,or who offers or advertises any facility in violation of any Ili g permission for operation. The provision of Minnesota Statutes,sections 245.781 to 245.812,shall be guilty of license shall be issued within 90 days after receipt of the application and all . a misdemeanor. supporting documents. Failure to issue a license within 90 days shall constitute Subp. l2.Right to enter an b 't-Pursuant to Minnesota Statutes,section denial of application.The license shall state the dates of validity,the maximum 245.783,the department is given the right of entrance and privilege to inspect number of children to be present in the program at any one time,their ages,and centers during hours of ti the hours of operation.The license must be posted in a conspicuous place on the center operaon to determine whether standards are being met. prem The nter director or representative shall be present when the department makes i - a regular licensing visit. 1 9545.0530 LICENSING OF FACILITIES FOR CHILDREN 8836 -e 8837 LICENSING OF FACILITIES FOR CHILDREN 9545.0540 Subp.II Discrimination prohibited.No program may discriminate in admis- '•— 9545.0540 FACILITY. sions or demissions on the basis of race, sex, religion, creed, color, national mp' g gal require- Subpart I.Co Lastcewitiaat4erhtws.Thebuildin mastuteetle origin,or source of payment In employment of staff,no program may discrimi- merits for zoning,housing,sanitation,lire protection,water supply,and sewage on the basis of race, creed, color, national origin, religion, or sex. No : t disposal. program may discriminate on the basis of physical andfor mental handicap when Reason: To protect the health and safety of all persons who occupy the the handicap does not prevent fulfillment of normal job responsibilities, building Satisfactory compliance Satisfactory compliance: A.When applying for licensure,every center shall submit: A.The program must obtain written verification from the various local (1)a signed statement about nondiscriminatory admissions hiring legal bodies stating that requirements have been met. policy; II.In the absence of local (2) an implementabie affirmative action plan designed regulations,He d the state shall marshal shal are m if and p fined to recruit requirements of the Department of Health and the state hie marshal are noel and minority children and staff where such minority groups are a part of the comma- it is so stated in writing. Wily. C. Newly constructed facilities and altered buildings shall meet the B. No otherwise eligible child can be excluded on the basis of the requirements of the Slate Building Code. specified characteristics,except Subp.Z.Floor space.There shall be a minimum of 35 square feet of usable (1) a program established to serve low-income children may give floor space(primary space)per child in attendance,exclusive of hallways,bath- first priority to children of this group only but shall not discriminate within this moms,lockers, kitchens, and floor space occupied by sanitary equipment,but group; including equipment and furnishings regularly used by the children. 1 (2)a program established to serve children of a particular religious Reason: Program flexibility and child movement needs require that ade- I faith may serve these children only but may not discriminate within the group. quate space be available. 1 The program may not discriminate against children from other religious I rSr groups Satisfactory compliance: t when a portion of their fund is derived from public sources. A. The applicant shall submit a Boor plan of the proposed facility to I C. Employment practices shall be based on bona &de occupational scale. qualifications. Employers shall not discriminate on the basis of the specified B. No more than 25 per cent of the proposed primary space shall be 1 characteristics by: occupied by equipment to be left stationary. � (1)refusing to hire a qualified applicant; C. Where there is question about the usable space. 1 (2)discharging a qualified employee; primary p space. shall measure the available n the licensing agent I (3)maintain.inga system of employment tltatunreasonably excludes D. The licensing agent shall designate the licensed Capacity of the ` an applicant; or program_ 1 (4)establishing differences in tenure,compensation,terms of employ- Subp. 3.Program space.Primary space designated for the program shall be 1 ment,upgrading,conditions of work, facilities,or privileges of employment. available only for the children when the program is in operation.This space shall t Suhp. 14. Waivers.Rules may be waived,with the approval of the depart- include furnishings and equipment primarily for the program's use.Supplemen- t mcnt,according to the procedure established for such waiver. Waiver may be tart space may be shared t granted only if the health and safety of the children are ensured. Subp,4.Clear hallways and stairways.All stairways and corridors leading to jSatisfactory compliance: exits shall be kept clear and free from obstructions at all times. A A.A complete explanation of the reasons and purposes of the waiver Subp, 5.Toilet facilities.Adequate toilet and washbowls trust be provided I must be submitted to the state agency at the time of application for licensure. in a well-ventilated place. B.Waivers can be granted only in writing and only by the Satisfactory compliance: and must be signed depaRment fin prior to the beginning of program operation. There must be at least one toilet and one washbowl provided for each C.The granting of a waiver shall not constitute a precedent I5 children and one additional toilet and washbowl for each additional 15 Subp. 15.Copy of roles.Every applicant for a license shall be furnished with children or fraction thereof.Toilets and washbowls must be reachable. a copy of these pans. B.Training chairs, instead of the required number of toilets,mast be Subp.16.Separate licenses.Separate licenses shall be required for programs provided C.Water maintained on separate premises even when operated wider the same auspices. C•Wateraccessible to children shall not exceed 120 degrees Fahrenheit. A separate license shall not be required for separate programs operated on the Subp.6.Sick children Centers must provide care for a child who becotncs same premises under the same auspices. ill.Supervision must be provided until the child is picked up. Subp. 17.School.The name"school"may be used only by programs having Reason Children who are not well should not be required to be with a group -.•, a minimum of one teacher certified by the State Department of Education.One or involved in its acUiviiies, Neither should an ill child be placed in solitary ` certified nursery school teacher must be present during the major part of the confinement. Satisfactory conk Space designated for use yrogatn for every 20 children. ory ' pliaxrce: P g by an ill child need not be 4. St umm Authority:MS s 245.802 subr!7 permanently arranged but shall be History:L 1984 c 654 art 5 s 58 staff's room;A.used only for other compatible purposes,e,g.,private office,library, or .111 11.1 IIIII UM — MI At l 9S45.0544 LICENSING OF FACiLI I'1FS FOR CHILDREN $$38 r, 8839 LICENSING OF FACILITIES FOR CHILDREN 9545.0550 B. effectively protected from the main activity area and the kitchen by Satisfactory compliance:This requirement will be considered fulfilled by any / screening; and •• one of the following C.equipped with a child's cot;and ea'ea' A. an adjacent play area where children are rotated in appropriate ' , D. within sight and heanng of an adult. • -- I numbers to maintain 75 square feet per child for outdoor play; Subp. 7. Floors. Floors must be kept clean at all times, must not have B.adjacent park facilities within 1000 feet: or splinters,cracks,or broken linoleum,and must not be slippery.Carpeting or rugs G park space that is more than 1000 feet from the group day care center, may be used but rugs must not be hazardous. Concrete floors shall be tiled, where daily transportation is provided_ � carpeted,or cushioned Subp. 14.Supervision during play.Play space must be adequately enclosed- � , Subp. 8. Room temperature_ A minimum room temperature of 6$ degrees --es where necessary to prevent children from leaving the premises unattended and Fahrenheit shall be maintained in space designated for the program, outdoor play time must be directly supervised with the required staff-to-child Subp. 9. Ventilation alai lighting. Ventilation and lighting in a must meet the requirements of the State Building Code. 3�i every facility ratio. Subp. 15,Outdoor play equipment Outdoor play space shall be equipped for Subp. 10. Cleanliness.Premises shall be kept clean and sanitary, active large-muscle play(see parts 9545.0640 and 9545.0650). Subp. 11. Sleeping place.A cot or a crib must be provided for each child % Statutory Authixity:MS r 245.802 subd taking a nap in a program that includes a rest.Adequate space and accessibility of exit must be maintained. 9545.0550 PROGRAM. Reason: Children in a day-care program need rest and quiet as part of the Subpart 1. to genesaL A group day-care program must show evidence, in daily activity. writing,of provision for the physical,intellectual,emotional,and social develop- Satisfactory compliance: went of the child. Every program shall have internal consistency of goals, A.Infants must be provided with cribs or padded playpens,regardless objectives,and activities.Every program shall provide a minimum of equipment of type or duration of program. and materials. B. Toddlers and preschoolers tinder the age of five years who are in Reason: To lit the developmental requirements,cultural background, and programs Lasting more than lave hours shall be provided with Dots, characteristics of each child, day-care programs should consider. health and C.Children older than infants who are in programs lasting less than five nutrition needs,need for security,need for freedom,need for structure,need for hours shall be provided with washable mats or rugs for taking rests. compassion,and need for challenge. D.A child sleeping more than tour to five hours must be provided with Every child needs individualization and freedom of choice,as well as whole-- bed, cot, or crib (depending on ability). The bed, crib, or cot shall have a group activities Needs change as the child grows and develops. mattress, safe mattress protector, and coverings. Pillows may be provided for Satisfactory compliance: children one year or older,according to individual need. A.A written program plan that can be implemented and is observable E.Cribs,cots,or playpens must be so arranged that there is easy access shall be available for review by the department.The program plan shall show how to each child and accessibility of exit is maintained the program intends to meet the physical, intellectual, emotional, and social P.A crib must be of adequate size for the child's height Crib mattresses needs of every child.The program plan shall include appropriate ethnic,linguis- shall be covered tic,and culture!variations G.Sheets,pillows,and blankets must not be interchanged and must be B.The program shall submit a schedule of routine daily activities kept clean at all times.Bed linens must be laundered at least once a week or when C.The group day care center shall organize an environment indoors and soiled or wet Blankets,mattress protectors,and pillow protectors shall be laun- • outdoors that provides a wide range of m stall to meet the varied developmen- • dered when a new child uses the bed, tal levels and cultural backgrounds of children, as: H. Beds used by members of the household must not be used by the (1)construction:blocks,sand table,workbench,water play,trucks, children in the center. construction sets; I.Cribs shall not be stacked. (2)dramatic play:playhouse,puppets,phones; Subp. l2.Fa cilityequipeatacidfurnit�.All equipment and furniture must (31 art:easel, paints,chalk,crayons,clay; e� be designed for the age group and be substantial,easy to clean, and free from (4) ponder play: flannel boards, chalkboard, pegboard, puzzles, sharp points or corners, splinters, or paints that contain lead.The facility and beads, matching games; equipment must also be kept in good repair,with no peeling paint and free from science and litter. (5)sciccc[earning plants,animals., magnets,gears; Reason: Children have certain developmental (6)library:books,audio-visual materials; p requirements that can be (7)music: rhythm instruments, tapes, , facilitated by use of equipment and furniture designed for their age group.The hythm instrumen to es r orris health and safety of the children must be protected by an environment and (8) place to be alone: a corner or chair where a child can be by equipment that allows exploration without undue danger. himself;and Subp. 13.Outdoor play.Outdoor play area of at least 75 square feet per-child (9) physical development: climbing bars, balance bars, tumbling and no less than 1.000 square feet per program must be provided, teats,tunnels for crawling. Reason:Good child education requires adequate room to engage in large- D.The program Flan shall include both indoor and outdoor activities m muscle activity under safe conditions.Outdoor space is also appropriate for other E.An inventory of minimum equipment shall be submitted as specified learning activities. in parts 9545.0640 and 9545.0650. • # +9545.D55.0 LICfNSING OF FACILITIES FOR CHILDREN 884{3 Subp. 2.Personal space. 8841 LICENSLNG OF FACILITIES FOR CHILDREN 9545.0560 pzce.There shall be open shelves for play materials and books,and individual space must be provided for each child's clothing and other personal belongings I.Toilet training shall be undertaken when appropriate according to a child's age and stage of development.Training must be in cooperation with the Subp. 3. Communication with '` parent's plan.Children shall be offered frequent opportunities parents,.The center shall establish and main- 4 a for l have eg Min continual communication and exchange of ideas and information between I. tacos a unable to wash their after hands and faces shall have their the staff and parents. hands and faces washed before meals and after toileting. Reason:Primary responsibility for a child's health,well-being,and develop_ IC Training chairs shall be washed before meals and after each use. mast rests with his parent_Day-care for a chest work cooperatively with parents. , Satisfactory compliance; The L. Children under 2_1/2 years of age shall have a separate area and with the following: cent` n� provide evidence of compliance program.from older children. M. Before admission, the director shall obtain information about the A. The child's record shall show that planned conferences have been _t child's eating, sleeping toileting, communication, and oomtorting habits and offered to parents in the center or at home. Conferences must be offered twice needs each year for children two years of age or older, and at least once every two each y for children under two. N. Space used by children sleeping in cribs shall be separate from B. Every center shall have a written plan on fife for activities that will playrooms or classrooms. 1 Subp. S.child and th and rest in a group daycare r keep parents informed and encourage parent input needs of the child and the wishes of the p program must meet the Subp. 4. Flexible programming.Centers serving parents provide for flexibility in ro children under 2-112 must Satisfactory compliance: contact each day. Y p Dg h child must have individual personal A.Each child shall be provided opportunity at regular flours under conditions conduciv t rre for enough sleep for his age Reason: A young child needs prompt attention to his needs to encourage B.Sleeping arrangements shall be so made that no child is de communication and build trust.Personal contact is needed to build perceptual deprived of skills,encourage consistency of handling,foster a warm relatiooship,aad provide needed sleep or has it unnecessarily interrupted. a series of observations on the child's progress C.Quiet activities shall be provided before bedtime to aid relaxation the Satisfactory compliance: sleep. A. Each infant shall be held during bottle feedings until he is able to Subp.6_Abase Dtoatibited Na child shall be subjected t corporal or psycho- safely hold his own bottle_ Bottles shall not be propped. logical abuse Although B. Each child shall be held,cuddled, and played with each day. Reason: Although families differ in their approach to discipline,Aline,harsh or C. Each child's attempts to communicate threatening methods are not appropriate for nonfamily members. Compliance trite shall be responded to.Staff a through fear is not the goal of discipline. shall talk to and listen to each child Satisfactory compliance: D.Infants and toddlers shall be allowed freedom of movement during A.Methods time oipli ro used by the center shall be discussed with each a large part of their waking day, child's parent at the time of enrollment. (1)The noncreeping infant shall spend part of each day on a clean B. or child shall a handled roe carpeted floor or large blanket. y ear-pulling,or shaking by siaftY• such as shoving, hair-pulling, (2)The creeping infant shalt have freedom to explore outside of crib C.No child shall be hit in any way,suck as sla or playpen.A Leib or playpen shall be used only for sleepi by staff Aping,spanking,or kicking of time. During the infant's waking hours, a la l or for short periods infant time. watch others. Several hours each h day S shall be placed where the D. Isolation and exclusion time shall be geared to age of child, not to or playpen. spent outside the crib exceed ten t IS minutes.Ifa child is isolated,the room must be well-ventilated and well-lighted and within sight and hearing of an adult. A child shall not be (3)The toddler shall be allowed and encouraged to move about, isolated in a locked room or closet explore,and handle safe objects E. No child shall be humiliated,shamed,or labeled. E. Each child shall be provided with materials and equipment that will F.A child shall not be foster his development physically, mentally,socially,and emotionally.(See part punished for lapses in toilet training foster his development G. Meals and snacks shall not be used as a form of punishment. F.Feeding time shall meet individualized needs of children. H. No discipline shall be delegated to another child G. There must be a flexible Subp. 7.`dolts with children at meals.Adult care givers shall be seated with shall be kept dry P�for diapering and tailettug Children children at snack and meal times. pt ry and comfortable at all times.A complete change of clothing shall be brought from home to be used as needed.The child shall be changed in his Statutory HEALTH. _bfS s 245.802 su3rf I crib or Co a table with a change of covering between each diaper change.Staffs I3> AI-TH. crib or members shall wash their hands after changing each child_Before being d' Subpart 1.Duties of director.The director of each program We child shall be washed with a separate cloth or towel, g rimed, ble for observation of health and development of children,handling illness aI he be provided by adequate supply of clean diapers shall be available.Diapers may center,accident prevention and emergency Y parent. When diapers are provided by the center,they shall complete,and informing about co procedures, keeping health records be single-service bce and disposable.Diapers g Parents about community resources. pars shall be stored in a sanitary manner. Reason: Health promotion in young children requires regular observation, accurate teool �ti j uper MI MI 11.01 MN MN IM Ili — _—_+.r...—..r ---MO IIIM MN MO IIIIII ME MI NM OM :1.1 . 9S45.056U LICENSING OF FACILITIES FOR CHILDREN 8842 I 8843 LICENSING OF FACILITIES FOR CHILDREN 4545.0570 Satisfactory compliance: = i Satisfactory compliance: A.The director may perform the specified activities,or he may delegate these duties to another paid staff member. B. The person responsible for health shall demonstrate skill in record + prior to the administration of any medication,prescription or nonprescription. B. Medications shall be kept in their original containers bearing the keeping,communication of health policies,and referral to community resources 4. - original label with legible information stating: within one year after licensure. t (1) prescription number Subp. 2.. Consultation.Continuing health consultation shall be sought from t (2) name of drug; appropriate privateer public community resources to asr't in developing health (3)strength and quantity of drug; policies and keeping them current;to assist in screening,referral,and follow-up expiration date of any time-dated drug; procedures;and to provide advice about children with special needs. (4) P Y Satisfactory compliance: (5)directions for use; N. All programs shall seek regular consultation with a physician or (6)child's name; public health nurse. A physician shall at least be available as an emergency (7)physician's name; resource during the hours of operation. • . 1 (8)date of original issue or, with a refill, the most recent date of 3.If infants under one year of age are cared for,the program must have • issue; and monthly consultation with a public health nurse or a registered nurse with (9)name and address of the licensed pharmacy issuing the medica- training or experience in infant care. The program must operate under health tion. policies approved by a physician. C.Any drug container having a detached,excessively soiled,or damaged Subp.3.Health statement.The center must require a health statement signed label shall be returned to the parent for relabeling at the issuing pharmacy_ by each child's source of medical care_The center may request that a child have - D.The contents of any drug container without a label or with an illegible a new physical examination. label shall be destroyed immediately.Any unused portions of prescription drugs Satisfactory compliance: remaining in the facility shalt be returned to the parent or destroyed by the A The center shall have on file the name and address of each child's licensee by flushing them into the sewer system and removing and destroying the source of regular health supervision and a health care summary(see part 9545.0660) labels from the drug containers for each child. E. Medications having a specific expiration date shall not be used after B. If a child's health care summary is,not complete at the time of _• ems of expiration. enrollment or within 30 days after enrollment;the child shall be excluded from -o' ' F.Medication must be stored out of the reach of children or under lock. the program. - G.The parent must be informed when any medication is given. C. If a child's immunizations are not up-to-date at the time of enroll- Subp.6.First-aid kit.A ten-unit first-aid kit and directions for its use trust meat, evidence of a plan to be available. p get them up-to-date must be on file at the center within 30 days after receipt of the child's health care summary,or the child shall Satisfactory compliance:The following minimum first-aid supplies must be be excluded from the program available and accompanied by directions: band-aids, sterile bandages, sterile D. If a tuberculin skin test or X ray is positive,evidence of satisfactory compresses,adhesive tape,magnifying glass with needles and tweezers for renaov- treatment or follow-up must be recorded ing splinters,soap(with water)for cleaning cuts,abrasions,etc. E.if parents of a child object Subp.7.Towels or air dryers.Paper towels,roller towels,or air dryers must bject to medical examination or treatment on c be provided for the children's use grounds of their religious beliefs,the child's record shall contain a health care Subp.8.Toilet articles.In programs providing sleep care of four to five hours summary completed by the parent and a statement signed by the parent indicat- or more,each child shall have his own clearly identified toothbrush,comb,towel, ing their objections to medical examinations and treatments on grounds of annacre,a cloth.. At east have ais awn clearly indf ced to s must comb,towel, religious beliefs, and face cloth. At least twice a week towels and face cloths must be launder Soap and toothpaste shall be provided. Subp. 4. Written health policy.The center shall have a complete, written Subp.9.Dirty diapers_Soiled diapers shall be kept in a closed container.This policy on illness and emergency care,accidents,first aid, and exclusion of sick container shall be cleaned daily and shall not be accessible to the children. children. Alt staff must have training in the administration of first aid. Subp. 10,Toiletiog.Preschool children must be monitored in washing their Satisfactory compliance: hands and toileting.Children shall be encouraged and helped to keep themselves A. At the time of registration, the parent must be given a copy of the clean.They shall receive specific training in personal hygiene. policy on emergency and illness care and exclusion of sick children. B.A plan must be made with each parent about emergency and illness Statutory Authority:±4�Ss 245.802 suhd 1 care that shall include the information specified in part 9545.0590. 9515.0570 NUTRITION, C.Any important infections or communicable disease must be reported Subpart 1.Balanced meals-A group day center must provide or ensure the to all parents. availability of adequate and nutritious meals and snacks;appropriate for the ages Subp.5.Medications.When a child is to be given oral or surface medication, and needs of the children served. Each regular meal must provide one-third of written instructions by a physician or dentist must be provided, and written shell be provided dod lyeds.One meal andtwosnacksro twomealsandone sack authorization to administer medication must be given by a parent. Medication mall be provided daily for each child in care five care nine eight more his. s nl ss must be labeled,stored under lock,or out of the reach of children. four or two meals se ht be are to children in care nine or more hourx unless four or mace of liaise honors arc spent in sleep. , 4Kf 9545.0570 LICENSING OF FACILITIES FOR CHILDREN 8844 4 8845 LICENSING OF FACILITIES FOR CHII1)REN 9545.0580 Reason: Balanced nutrition is basic to health. Eating habits and attitudes - i B. The sources, preparation, handling, and storage of formula, milk, about food are formed in the early years. Eating diould be a pleasant social solid foods,and supplements for children under one year of age shall be approved experience,and staff should eat with the children_Children should be encouraged I by a physician.These policies and procedures,signed by the physician, shall be but not forced to eat. r kept on file at the center. Satisfactory compliance: C.The parent shall be informed daily of the amount and kind of food A. The current USDA daily food guide shall be utilized in planning intake of the infant. adequate quantities of the basic four foods appropriate for the age of the child 3 D. Each infant's feeding schedule shall be'available to stair_ (see part 9545.0670). Ethnic food shall be included where appropriate` -41 441- Subp.6.Water.Drinking water shall be available to children and offered at B. The daily food guide shall be used as a pattern not only for hot ..,. frequent intervals. lunches served at the center but also for cold lunches and lunches brought from Satisfactory compliance: home. These are acceptable when parents are informed about nutritionally A.Water bottles for infants shall be prepared,packaged,and identified adequate lunches.The center shall provide supplements to bag lunches as needed for each individual infant. Each bottle shall be stored and handled to protect and proper refrigeration. against contamination.Each infant's us„ai need for water shall be recorded,as C.Snacks shall include a beverage plus one or mare of the following raw given by the infant's parent,on the individual enrollment form. vegetables,cheese,cereal product,or trait_Snacks must be provided at suitable r B.Drinking water for toddlers and older children shall be provided in intervals and served at least 1-1/2 hours before meals. s individual drinking cups or approved drinking fountains. D.The admission interview shall include information about food habits Statutery Authority:MS s 245.802 suhd I and practices,food likes and dislikes,and cultural patterns of food selection and preparation that may be used by the staff in serving foods. _ 9545.0580 SAFETY. Subp.2.Mena planning.Menus must be planned in advance for a cycle of ' Subpart 1.Prevention procedures.Every child care center shall have written at least one month, te"" po sted for parents'information,and reviewed for nutritional accident prevention procedures based on common causes of accidents in the age adequacy at least once a year. •• group served. Reason: Cycle menu planning saves time and results in more carefully Satisfactory compliance: planned menus, better cost control through improved purchasing,better nutri- A. At least twice a year a staff member shall inspect the center for tionally balanced and more varied menus, easier advance planning of work hazards.All hazards shall be discussed with staff and corrected,where possible. schedules, and more uniform and better food preparation. When menus are -`•• 1 Procedures shall be devised to prevent accidents and eliminate hazards. posted,parents know what foods are served,eliminating duplication of menus B. Fire prevention precautions shall be consistent with the State Fire at home. Marshal's Code. i Subp.3.Food preparation.Group day-care center personnel shall understand : 1 personal sanitation and methods of handling,preparing, and serving food in a C. Written procedures for accident prevention shall include at least 1 _� poisoning,aspiration and choking,injury,burns, and pedestrian accidents_ safe and sanitary manner.The preparation of food by children must be carefully supervised.The D. Accident reports or an accident log must be kept on all accidents, Qery program shalt comply with the provisions of applicable state and local food ordinances. .:•:-..-4.-- except minor scratches and abrasions.Reports should be analyzed at least annu- Subp. 4. Special diets. Consideration must be given to the modified or ally and procedures adjusted to prevent recurring accidents. therapeutic diet needs of children as prescribed by source!of health care. ! E.Staff pecial shall have a, and cal understanding accidents o at least the center's safety Satisfactory co procedures, special hazards, and common accidents occurring at the center, detailed instruction in evacuation procedures, use of the fire extinguisher,and A.The diet orders must be filed and the entire staff informed of the diet how to report accidents. restrictions. F.The person in charge shall know where the fuse box is located,and B.The director must check with the parents about the length of time the how to pull the main electrical switch. child is to be on the diet. C.The diet plan is to be carefully followed by obtaining the consultative . Subp. 'case of mcr' nc es or accidents. Centers shall establish procedures to be y Y S followed in case of emergeactes or accidents. services of a qualified nutritionist or dietitian to interpret the diet orders as y=. Reason:Advance planning is necessary to ensure safe,efficient actions in a needed. _o period of emergency. D.For the child requiting a rigid diet because of severe diabetes,sodium Satisfactory compliance: restriction,ketogenic, or phenylketonuria,food must be brought from home. A.Procedures for Subp.5.Infant diets.The diet of an infant shall be determined by the child's • ."-•,,i.:. breakdown of tra ion tornadoes,blizzards,illness of stag;accidents, - rents in consultation with their source of health care. 'l' nsportat ,power failure,and missing persons shall be deter- Pa = mined.Where appropriate,plans for emergency shelter of children and staff must Reason:Nutritional adequacy and sanitation are the two"musts"of infant 7:, be designated_ feeding. . B.All staff and children shall participate in monthly fire drills based on Satisfactory compliance: j fire evacuation procedures. A.Formula or milk and solid foods,including vitamin and iron supple- t C.Written plans for fire emergencies shall show primary and secondary menu, must be fed in prescribed��q��u��''antities and at specified time intervals. exits.Plans shall include details of rescue of children,contact of fire department, ,r:4. .^' n nPll l,P r I aniiiim-ollir an hat air,w 4 ;. 8847 LICENSING OF FACILITIES FOR CHILDREN 9545.0600 9545.0580 LICENSING OF FAC A TIES FOR CHILDREN" 8846 - I. written permission for the child to participate in activities not spon- - Subp. 3. Fire extinguishers.Centers must be equipped with the number of sored by the center(permission must include type of activity,location,dates,and fire extinguishers determined by the state fire marshal..Extinguishers must be in - times of the activity);and working order and checked annually. i special diet needs. Subp 4, Ekdrical outlets.All electrical outlets must be covered or protected • 1 Subp.3.Communication between parents and care giver.Admission policies when not in use. Mr- and procedures must ensure initial and continuing communication between the Subp.5.Telephone.Every facility must have a noncom -operated phone that - f family and the facility to assure compatibility in their mutual responsibility for is readily accessible. the child's welfare. Subp 6. Emergency phone nnutbers.A list of emergency numbers shall be ' Satisfactory compliance: • prominently posted by the telephone:police, fire, doctor, ambulance, hospital, " A. a plan for admission of the child that includes a preadmission Subp. 7. Emergency transportation.The center shall make arrangements in conference with parent and child;and ' advance for emergency transportation. B.a plan for continuing contact between the parents and the center,part Subp. IL Protection of hot surfaces. Radiators, fireplaces, hot pipes, steam 9545.0550, subpart 2. radiators,and other hot surfaces shall be protected by guards. Stalntar7r +Lstharitf MS s 245.802 suhd 1 • Subp.9. Hazerdotw'materials sr tools.Sharp scissors,knives,matches,and other potential hazards to children shall be stored out of their reach.The use of 9545,0600 STAFF potentially hazardous materials and tools by children shall be supervised. Subpart 1.Qualifications.Each staff person must be appropriately qualified Subp. 10. Stairways. Stairways used by the children shall have reachable through training,experience,and personal qualities for the age group and cultural handraikngs. background with which he works.Note: For an explanation of the term "child Statutory Authority:MS s 245.302 subd 1 y development training course"used in this part,see pact 9545.0520.The qualificat- ions indicated for staff positions relate strictly to group day care positions and 9545.0590 ADMISSIONS. - do not imply certification by the State Department of Education. . Subpart I.Policy.Each program shall have an admission policy that specifies Reason:The relationships that a child develops with important adults are the age range of children being served: considered as vital for his emotional security, intellectual development, and A. infants: six weeks through 1.5 months; health psychological growth. B. toddlers: 16 months through 30 months; Satisfactory compliance: C.preschool: 31 months through five years; A.Director:(of all programs)person or persons responsible foradminis- D.primary: six years through eight years;and tration of a program must have administrative and supervisory experience or E. intermediate: nine years through 12 years capability as well as knowledge of program, staff relationships, and day care operations.Administrators with teaching duties must also possess the qualificat- ' Subp. 2. Decisions made by rare giver. Admission procedures developed ions of a teacher.The director shall be at least l8 years of age and shall be a musrpravide the care giver with sufficient information and instruction from the mature responsible person. parent to enable the care giver to make decisions or act in behalf of the child's B.Teacher,alternatives for qualification. welfare in the absence of the parent Satisfactory compliance:Prior to admission of the child,the care giver shall • Child Development e e ted obtain written information from the Traid ng Courses r person or persons legally responsible for the Training Courses or child covering the following items: Training Experience Hours A.the child's full mane,birth date,and current address; B. the name and address of the parent or parents, or of the person(s) (1)Postsecondary PLUS PLUS legally responsible for the child; certificate in One Year(1560 I course C.telephone number or instructions as to how the person(s)responsible Child Development hours)Assistant or for the child may be reached when the child is in the day care program; Assistant Training Teacher** 30 hours ca D. names of persons authorized to take the child from the day care Program(minimum facility and their address, and persons not so authorized; of 1084 hours) E.name,address,and telephone number of the health care source to be OR called in case of emergency; (2)(no requirement) PLUS PLUS two years(3120 3 courses F. names, addresses, and telephone numbers of person(s) who can hours)as or assume responsibility for the child if the parent cannot be reached in an emergen- Assistant 90 hours cy; Teacher** G.heath statement and immunization data as specified in part 9545.0560; OR H.signed authorization to the effect that the parent gives permission to (3)BA or BS in PLUS PLUS the center to act in an emergency situation when the parent cannot be reached any field from an ** 6 courses or or is delayed in arriving; - accredited college * 180 hours I.written permission for participation in specific research,experitnenta- or university (May be included tion.or publicity activities; f C ly 9545.0600 LICENSING OF FACILMES FOR CHILDREN 8848 8849 LICENSING OF FACILITIES FOR CHILDREN 9545.0600 4 i as part of BA or education or �` BS degree) 90 hours ' OR t OR (4)A degree in Child PLUS (no requirement) (4)Infant-Toddler Six months(780 PLUS Development or Nursery " i Only hours)with infants 3 courses Kindergarten Education and/or toddlers or from an accredited as a licensed 90 hours college or university 440. I , Family Day Care • , OR Provider or a r (5)Certification by PLUS (no requirement) Group-Family the State Department " -- Day Care Provider of Education for OR Nursery School . (5)School-Age Only One year(1200 (no requirement) , OR hours)in a , (6)Compliance with (no requirement) (no requirement) related field(e.g., the competency level playground , requirements of Child leader,tutor, Development Associate student teaching, OR teacher's aide) f - (7)Infant-Toddler Three years(4680 PLUS "Infant-Toddler Only- 150 hours of experience in an infant and/or toddler Only hours)as a 3 courses program. licensed Family or D.Teachers and assistant teachers employed on the date of prom alga-(no requirement) Day Care Provider 90 hours tion of these standards must comply with one of the alternatives for qualification or Group Family within three years after that date. • Day Care Provider E. Child care assistant(child care aide)for all age groupings: OR , (8)School-Age Only (no requirement) (no requirement) (1)The following alternatives are available for qualification: high Certification by the school vocational child care training course,or orientation training course in the State Department of center. Education for Elementary (2)The child care assistant must be at Ieast 15 years of age. or Secondary Education F.Volunteers for all age in To be counted in the staff-to-child '`'Infant-Toddler Only-Three months(480 hours)of requited experience ratio,volunteers must:be at least 15 years of age; participate in an orientation must be in an infant and/or toddler program, to the program;participate in any in-service training given to paid staff by the 'School-Age Only-Six months(600 hours)experience in a related field(e.g., center. playground leader,tutor,student teaching,teacher's aide). _ Subp.2.Staff training.Staff development training for all regular administra- C. Assistant teacher.alternatives for qualification. five,teaching,and support services staff members,including volunteers,must be • Number of Accredited- a part of every center's educational program. Child Development Reason: Proper preparation and continuous training of the total staff will Training Courses or r j better ensure development and maintenance of high-quality day care services. Training Experience Hours Satisfactory compliance (1)Postsecondary PLUS (no A.Each center shall be responsible for working out a plan with each staff s* { requirement) person with direct teaching responsibilities or direct responsibility for supervi- certificate in Child sion of that staff e.g.,director, for a minimum of the equivalent of two percent Development Assistant of his/her work hours to be spent in staff development Training Program (minimum of 1080 hours B. This training ran be provided by individual centers, a sponsoring OR agency,community sources, local school systems,professional groups,colleges, (2)(No requirement) Six months(780 PLUS universities,or area vocational schools. hours as Child 3 courses C.All other administrative staff;volunteers not counted in staff ratios, Care Assistant or and support staff, e.g., cook, bus drivers, must receive an orientation to the (Child Care Aide) 90 hours program including appropriate licensing standards within the two weeks of or Student employment Teacher Subp. 3.Qualifications of other personnel.All personnel in regular contact OR with children, including volunteers with drivers, shall be physically, mentally, (3)Two years of PLUS PLUS and emotionally competent to care for children and free from serious communi- MI --- 9545.0600 LICENSING OF FOR CHILDREN 8850 Ile a 8851 LICENSING OF FACILITIES FOR CHILDREN 9545.0600 Satisfactory compliance: C. Pre-School: 31 months through five years. l,`•' A. References must be required by the director from all child care staff Staff Ratio: one to ten r,} relating to their ability to care for young children. Group Size: no more than 20 children in an activity group. B. Prior to employment, the paid employee must submit a statement Staff Distribution: one teacher for every 40 children, , , signed by his source of medical care and based on a thorough examination within _ e ± 3• three months. Statements must be submitted every two years thereafter. - f �) one teacher or assistant teacher for C. All stall must submit evidence of freedom from tuberculosis before every group, employment and annually_ ' 1 + D. A probation period must be set for new employees, during which # child care assistants and volunteers 0 physical,mental,and emotional competence to care for children is evaluated and x,e, .. as needed to meet staff ratio. discussed with the employee by the employer_ Note:There shall be no more than ten 2-1/2 year olds in any activity group E.Employees with communicable disease presenting an important health of 20 children. �- hazard to the group shall be excluded. D. School-Age: six years through 12 years. 0 F. No person shall be hired or retained as a staff member, paid or Staff Ratio:one to 15. volunteer, who has: Group Size: no more than 30 children in an activity group. le (1)been convicted of or admitted to or been the subject of substan- Staff Distribution: one teacher for every 60 children, a fiat evidence of an act of child battering,child abuse,or child molesting one teacheror assistant teacher for (2) used alcohol or drugs such that its effects are apparent during , < every group, working hours that children are in care;or + (3) been convicted for or admitted to any felony or any offense child care assistants and volunteers involving moral turpitude. i as needed to meet staff ratio. > Subp.4.Staff ratio.Staff ratio must be met and maintained by operators of -4' Subp. 5. Personnel policies.Each center with more than one staff member Z all programs: appropriate distribution of staff shall include a team that has must set personnel policies-relating to health, working individuals with oumpetences of a teacher, assistant teacher, and child care `'t 8 , rig conditions,benefits, in-service training,probation period,evaluation,sick leave vacation,benefits, and salary Volunteers under supervision may be counted in the staff ratio. The increments. Policies shall comply with a rY H P Y appropriate state and federal laws. ill staff member must be with the children to be included in the staff-to-child ratio_ Reason:It is important that there be a clear understanding etween adminis- Where there are children of different ages in the same group, the ratio for the trotter and staff about the work situation and the responsibilities of both the youngest age group shall prevail. Janitors and.bus drivers shall not be counted administration and the staff member.the staff ratio when performing these duties. r Reason: The administering agency must ensure that capable staff in the compliance:Each center with more than one staff member must recommended ratio is always present and is capable of providing for health and have a written statement of personnel policies.This statement shall include: c� safety of each child and that each member of the staff has a clear understanding A.policies in accordance with fair employment laws and regulations; ofhis responsibility as explained in orientation sessions and peovided in a vrritten _«. B.job description for all staff; form. C. description of probation period and method of staff evaluation; tit Satisfactory compliance: D. a clearly defined in-service training program;and H A. Infants: six weeks through 15 months. E.policies on hiring, firing, i Staff Ratio: one to four. Pol ng, ng,promotions,and salary increments_ Group Size: no more than eight in an activity group. Subp.6_Staff ratio daring naps.In centers providing sleep care of four to five Staff Distribution: one teacher for every 16 children, hours or more, staff ratios specified in subpart 4 shall be maintained until the + children are settled for sleep.While children are sleeping,a minimum number one teacher or assistant teacher for - of adults must remain awake and available to the children throughout the sleep every group, :e, period. + -2,2.1 Satisfactory compliance: child care assistants and volunteers A.one adult for every four sleeping infants but no fewer than two adults as needed to meet staff ratio_ for the center; B. Toddlers: 16 months through 30 months. B.one adult for every ten sleeping toddlers but no fewer than two adults Staff Ratio: one to seven. , for the center, Group Size: no more than 14 children inn an activity group. Staff Distribution: one teacher for every 23 children, C. one adult for every 20 sleeping preschoolers but no fewer than two ii + adults for the center,and one teacher or assistant teacher for D.one adult for every 25 sleeping school age children but no fewer than every group, two adults far the center. f.i ± ;.e.:- Subp. 7.Substitute staff.The director shall make arrangements in advance child care assistants and volunteers for substitute staff. as needed to meet staff ratio. ': Statutory Authority:MS s 245.802 subd I • 9545.0610 I.ICENSiNC OF FACILITIES FOR CHILDREN 8852 8553 LICENSING OF FACILITIES FOR CHILDREN 9545.0610 f I9545.0610 ORGANIZATION AND ADMINISTRATION. A.daily attendance records for children; Subpart 1, %Yrittea policies. A group day-care program shall have written B. current staff records containing, as a minimum, identifying and policies available for inspection by the department.These policies shall be made 1 emergency information, health clearances, education, experience, and current available to parents and staff members. training,and terms of employment; Reason: Established policies and procedures facilitate consistency and pro- C.current record for each child containing information specified in part mote understanding. _. 9545.0590,subparts 2 and 3; Satisfactory compliance-.There shall be written policies covering the follow- D.list of all current staff members; ing area °{: + s c-: ; E.list of available substitute stall;and A. the type of program offered to children and their parents; F. staffing B. the ages and numbers of children in each pattern showing stag to-child ratios during hours of opera- age group to be sere •. .,.. Pion. ' C. hours of operation; Subp. 5.Transportation of children.When transportation is provided by a D.days of operation; _ group day-care center, children must be protected by property operated and E. meals and snacks to be served; maintained'vehicles,adequate staff supervision, licensed drivers,safety precau- tions,and provision for liability insurance and for adequate medical care, F.provisions that can be made for special needs of individual children; ..X Reason:A group of young children,particularly when infants and toddlers G.admission requirements and enrollment procedures; H. affirmative action plan; t are included, traveling together in cars or buses, presents a special hazard that I.plan for is different from that of school children or of the normal passenger traffic that was p parent information; considered in the development of protective laws on transportation in most J. plan for substitute start states, For the children's safety, it is therefore important to require additional IC insurance coverage; e provisions appropriate to the age and development of the children. L.procedures for the handling of sick children; Satisfactory compliance 14•provisions for illness and emergency caret' A.Vehicles must have standard equipment and be in satisfactory oper- N, provisions prevention procedures; ating condition.Each vehicle must have a fire extinguisher and a first-aid kit. O. requirements about personal belongings B.All drivers must meet requirements for a Minnesota grngs brought to the center; Department of P. transportation a Public Safety Class C driver's license,permitting transportation of nine or fewer children. (Information is available from the Drivers License Division,Depart- Q. permission for trips; went of Public Safety,Saint Paul,Minnesota.) R.personnel policies;and C. If infants or toddlers are transported,there must be a minimum of S.fees and the plan for payment_ ,--frli. one adult for every five infants and toddlers,in addition to the driver. Subp.2.Legal responsibility and adrninistraiive authority.Legal responsibili- D. There must be at least one adult in addition to the driver in every ty and administrative authority must be dearly defined for every group day-care vehicle if five or more children are being transported. facility. E.Each child transported shall have and use a seat and a seat belt while Satisfactory compliance: the vehicle is in motion.Infants shall be transported in special approved infant A. The name, address, and telephone number of the individual or safety seats;toddlers in toddler seats, governing body legally responsible for the center shall be supplied to the licensing - F.Children and sponsoring groups must be protected by liability insur- agent- ante,and rovisions for adequate dequate medical care must be nude. B.The legally responsible individual or group shall be held accountable G.A preschool child or a toddler may not be left unattended at the time for, of pickup or delivery_ (1)determining and implementing g policies; H.Except in unusual circumstances,children are not to be transported (2)the performance of the director of the program more than one hour per trip. (3)adequate financing to carry out the planned program; I. f more than three persons,including the driver, shall occupy the (4)the adherence to all rules that affect the program and the facility; fecal seat of any vehicle. and Subp,6, Yaw or buses.Satisfactory compliance for vans or buses: (5)reporting any suspected instances of child abuse or neglect. A Vehicles must have standard equipment and be in satisfactory oper- ating condition. Each vehicle must have a tire extinguisher and a first-aid kit. Subp.3.Accident report.Within 48 hours after the occurrence of an unusual B.All drivers must meet requirements for a Minnesota Department of accident,such as the death or serious injury of a child,a report steall be submitted Public Safety Class B driver's license,permitting operation of a vehicle desi ned to me department. A serious injury shall be defined as one that requires the g hospitalization of the child. A report shall also be submitted following the and Drivers equipped License transport more than t of passengers S (ty,Saint Paul,Minnesota.) oom occurrence of a fire that requires the services of the fire department. Delvers Division,Department of Public Safety,Saint Paul,Minnesota) Subp. 4. Records.A group day-care program must establish and maintain C. Anyone driving a van or school bus labeled"School Bus"l or with required records. All personal records must be kept confidential. school bus sign uncovered,must have a Minnesota Department of Public Safety Satisfactory compliance:The following shall be made available to the linens- Class B driver's license with School Bus Endorsement. (Information available from agent from Drivers License Division,Department of Public Safety,Saint Paul,Ivlrnne- sofa.) r - I MI • 1111111 MI IN M • I E - MI NM • • IIIIII 9545.0610 LICENSING OF FACILITIES FOR CHILDREN 88S4 i 8855 LICENSING OF FACILITIES FOR CHILDREN 9545,0630 D. If infants or toddlers are transported,there must be a minimum of Subp.4.Eralrratioo of child's progress.The progress of the handicapped child one adult for every five infants and toddlers in addition.to the driver. steall be evaluated no less than annually by a qualified consultant E. There must be at least one adult in addition to the driver in every Statutory Authority:MS s 245.802 subd 1 vehicle if five or more children are being transported. ; F. Drivers and passengers must wear seat belts when the vehicle is 9545.0630 MINIMUM EQUIPMENT D 1'AND SUPPLIES IN LATCH KEY PRO- F, with them. Infants shall be transported in special approved infant GRAMS(FOR EVERY 20 CHILDREN). safety seats,toddlers in toddler seats. Quality of equipment is to increase in proportion to licensed capacity of G. A preschool child or toddler may not be left unattended at time of center. pickup or delivery. Provisional License Regular License H.Except in unusual circumstances,children are not to be transported (additional more than one hour per trip. .a equipment and suppl 1. No more than three persons, including the driver, shall occupy the - Furniture: I. Sufficient tables and chairs front seat of any vehicle. with backs(children's)(one J.Children and sponsoring groups must be protected by liability incur- chair per child;no folding L- ance and provisions for adequate medical care must be made. chairs). Subp.7.InsurSaxe a.Group day-care centers shall provide insurance coverage. 2. First-aid kit. Satisfactory compliance:A certificate of insurance shall be obtained showing 4. Cot with blanket(ill child). the following: 4. (`hairs with backs(for staff). A. general liability coverage for bodily injury ; / 3. Low open shelves and bookcases $300,000 per suit); Y Jury ($]00,000 per person; (one foot per child). B.automobile insurance,where transportation is provided by the cen 6. of `en's records. Space/equipment for maintenance ter, including secondary coverage Individual i children's space ace r ry rage azi automobile owned by staff member and 7. Individual space Wrouter used to transport children ($100,000 per person;$300,000 per suit);and clothing. C. workers'compensation and unemployment insurance, 8. Area rug or carpet, Statutory Authority.MS s 245.802 sated 1 9. Equipment for a child's private 95450620 GROUP DAY CARE CENTERS SERVING THE EDUCATIONAL- hide-away corner,e.g.,pillow, covered ma LY OR DEVELOPMENTALLY"HANDICAPPED"CHILD. mattress bedspread. Subpart 1.Written permission to enrgll.,Written permission must be obtained Active 1• Four pieces of a variety of Six Pieces from the licensing agent prior to enrolling handicapped children. large-muscle recreation sports equipment, Reason: Centers are encouraged to integrate handicapped children into a play: for example: group of normal children whenever feasible for the center and for the child (for indoors) equipment for volley ball, The special needs of the handicapped child must be met.'Handicapped"is ping gong,basketball,obstacle o defined as involving a sensory defect,physical or mental deficien course,rope climbing,tumbling disturbance_ cy,or emotional balls r r balls Subp.2. Consultation reenral went,The group day-care center shall obtain T trampoline the assistance of a qualified consultant prior to the enrollment of any handicap- -4 . ped child Active, I. Four pieces of a variety of Six Pieces Satisfactory compliance` large-muscle recreation and sports equipment, A.The center shall have written program modifications based on the play: (for for example: determination of the qualified nsultant and the needs of the individual Nandi- outdo ors} standard heavy duty playground co capped child.These program modifications shall be understood by program staff` equipment B.Additional staff as recommended by the consultant shall be available. balls and bats C.Modified equipment and supplies as recommended by the consultant skates-roller and ice shall be available, sleds,toboggans D.Training of staff as recommended by the consultant shall be arranged. Art and 1. Phonograph E.Modifications of the physical facilities shall be made as recommended music 2. at least 1- Records-at least ten at least 1 S by the consultant and in conformance with the State Building Code, activities: 3. Materials for crafts-at Materials- Subp. 3.Information about handicapped children.,Prior to the admission of least six types-e. ,tile. at least any handicapped child,the group day-care center shall obtain information from wood,clay,paper macho,paint, 8 types the parent, the physician, and the state or local education agency about any leather,foam,bids,shells,paper special problems or needs that may affect the child's use of the program..Where indicated,a psychological evaluation shall be made and be available to the center. Dramatic Area for dramatic Play opportunities ail I d 9545.0650 LICENSING OF FACILITIES FOR CHILDREN 8860 f 8861 LICENSING OF FACILITIES FOR CHILDREN 9545.06n I 1 i Riding stools house PARENT(S)OR GUARDIAN t 3. Large open plastic ball ' D • 1 4. Water-play equipment ate ssical examination: How long of la have t phy you been seeing this child? Art and music 1. Phonograph Same as preschool How frequently do you see Ellis child when he is not in? activities: 2. Records-at least six programs 401 Does this child have any allergies(including allergies to medications)? 1 Musical pull-toys _ Is a modified diet necessary? 4. Rattles Is any condition present that might result in an emergency? ge sin 5. Drum(without sticks} What is the status of the Child's Vision Fine feeling Hearing ne motor 1. Matching and ng Same as preschool development: toys-one per every two programs children,such as: Speech plastic catch toys Please list below the important health problems.Indicate if you or someone else form toys is following the child for the problem and check which problems require special rattles attention at the center: pull toys Important Followed Followed by Other Requires Special 4 feeling balls Y i Health Problems By You Medical Source Attention at 2. Manipulative toys-one (name) Center per every two children Immunizations and Tuberculin Test Records: t-r. such as: *D(P)T 1st date *Poliomyelitis 1st date teething toys * 2nd date " 2nd date wooden rattles * 3rd date * 3rd date shape toys *Booster date *Booster date clutch balls *Rubella date Mumps date a Language I. Pictures Same as preschool *Rubella date " development: 2. Bulletin boards program *Required Linens and I. For each crib: bumpers, Same as preschool Tuberculin Test supplies: sheets(cotton,plus programs date results rubber and/or plastic), blankets If positive, what are the plans for treatment and/or follow-up? 2 Bath towels Are the immunizations up-to-date? 3. Wash cloths 3. Wash cloths If not,what is the plan to bring them up-to-date? 4.. Diapers 4. Diapers Other information helpful to the group-day-care center: Coverts)for changing 5. Coverts)for Source of health care 5?,. changing table ' 6. Sterile cotton balls Associates or clinic 7. Facial tissues 7. Facial tissues 8. Soap 8. Soap Address i 9. Petroleum jelly or 9. Petroleum jelly Date bland diaper-rash or bland z ointment diaper-rash Statutory Authority:145 s 445 802 subd I ointment 9545.0670 DAILY FOOD GUIDE. 10. Rubber-bulb ear syringe with blunt plastic or Foods Servings Average Size rubber tip Per Day Serving By Age* Statutory Authority:MS s 245.802 subd 1 9115.0660 HEALTH CARE SUMMARY. MILK GROUP l to 3 3 to b 6 to 9 To be completed by health care source: ear's years years NAME OF CHILD Mim(genized a Birth Date homogenized,and 2 to 3 ADDRESS fortified Vitamin D) servings 1/2 to 1 112 to 1 1 cup Telephone cup cup �...,.. - INS • MI MN = I MI N • 9345.0674 LICENSING OF FACILITIES FOR CHILDREN 8862 - 8863 LICENSING OF FACILITIES FOR CHILDREN 9545.0780 Cheese and ice cream 9545.0770 APPLICATION FOR LICENSE. occasionally Subpart 1.In general.Persons desiring a license or a renewal of license of this MEAT GROUPS type shall apply to the commissioner of human services.The commissioner or his designee shall determine the competence of such persons to be licensed for Meat,pouhry,fish 1 to 2 t to 3 2 to 4 4 to 6 As alternates dried the purposes described in the application;and he has the authority to issue such servings tbsp. tbsp. tbsp. license. In making his determination,the commissioner shall be guided by the beans or peas or (1 to 2 (2 to 3 rules in this and subsequent sections.All licenses shall expire one year after date ounces ounces of issuance unless sooner revoked. cooked) cooked) Subp. ppiicado's. An individual or organization' peanut butter I to 3 2 to 4 4 to 6 p' " Turn a c seannthg e Egg 1 tb`P tbsp. �p operate a child wet agency shall file an application for a license with the commissioner at least 90 days before it begins to operate as an agency,on forms 1 provided by the Department of Human-Services. VEGETABLE AND 4 or more - Subp.3.Additional information.In addition to the application,an applicant FRUIT GROUP servings seeking license shall submit such information as the commissioner may require Dark G vegetables to make proper determination of the competence of the agency to be licensed. Subp.4.Relicensing.An agency desiring to renew its license shall submit an and deep yellow .L 2 to 4 vegetables and fruits serving 2 tbsp. tbsp_ 114 cup 1 application for relicensing at Ieast 30 days before the license is due to expire.In for Vitamin A applying for such renewal,the agency shall file with its application such informs- - Lion as the commissioner may require to make a proper determination. Fruit for Vitamin C t 1/3 to I13 to Subp.S.Records and reports.The oontmissioner or his designated agent shall citrus,tomato, serving 2/3 cup 2/3 cup 1/2 cup have ready access to records ofall services given by a licensed agency,and records cabbage related to administration and financing of such services.He may front time to time require agencies to supply information or to make reports to him about Other fruits and 2 1/4 to 1/4 to agency services and their administration. vegetables servings 1/3 cup I/3 cup I/2 cup Statutory Authority:.la s 245.802 subd I BREAD AND CEREAL History: L 1984 c 654 art.5 s 58 GROUP } ;` 1 9545.0780 ORGANIZATION AND ADMINISTRATION. Bread and cereal, 4 1/2 to l 12 to 2 to 3 Subpart 1. Agency function and purposes.The purposes or function of the whole grain or servings slice 1-1/2 slices E agency shall be clearly defined. Such definition shall include the geographical enriched slices areas to be served, which children and parents will be accepted for care and 1/4 cup 1/2 cup 1/2 cup service, and the specific services to be provided liar in behalf of these children. cereal cereal cereal Subp.2.Meeting the geographical need.The agency shall meet a need in the O I EIER geographical area it serves or plans to serve. Butter or margarine As spreader Subp. 3. Legal organization. The agency shall be organized according to a seasoning legal form of association or corporation recognized by the laws of the state of Minnesota 'Size of serving will differ with individual children;some may want smaller . Subp.4.Financial plan.The agency shall have a sound plan of financing that amounts and some larger. gives assurance of sufficient funds to enable it to carry out its defined purposes �---�. Statutory Authority:MSgZ4S.8 2 i- — --- -- -- - and provide proper care for children. A new agency shall have sufficient funds PRIVATE CHILD-CARING OR-PLACING AGENCIES assured to carry it through the first year of operation. rt Subp. 5_Andits.All financial accounts shall be audited at least once a year 9545 0?SQ SCOPE AND PURPOSE. and the report made a part of agency records. ti> Parts 9545.0750 to 9545.0830 govern the operation of agencies engaged in, Subp.6.Qualifications of persormeL The executive or director shall have had or seeking to engage in, child placement or other child welfare services in training and responsible expenence in work with children and their families and Minnesota and sets forth the requirements necessary for such agencies to be demonstrated executive ability. Lin The casework supervisor shall be a graduate of an accredited school of social I Statutory Authority::NS s 245.802 subd 1 work or have successfully completed two years in suck a school. In addition,the . casework supervisor must have had a minimum of two years experience in a 9545.8760 AGENCY DEFINITION. family and children's agency, or in a children's A any organization,association,or co oration agency, as a caseworker or gency means an individual, corporation + caseworker supervisor, In agencies not having a casework supervisor,the execu- planning for, giving direction to,or providing needed service or assistance to rive or caseworker shall meet these qualifications A children and parents in their own homes and placing them in foster care. It ` Caseworkers shall be at least college graduates. .. includes any social service department of a child-caring institution that carries Where an agency currently Licensed does not meet these requirements,future these responsibilities or gives the services herein described_ changes in personnel shall conforms to these requirements. Statutory Autl rarity:MS s 241802 subd 1 Statutory Authority:MS s 241802 subd 1 'it Planning Commission Meeting September 7 , 1988 - Page 60 ' Batzli : I 'd be happy to accept the suggestion that if staff would like ' to look at additional safety points for inclusion for the Council ' s consideration , that' s fine . Conrad : Was your motion ever seconded? Batzli : I don ' t recall . Dacy: Tim did . Conrad : Tim, would you amend your second? ' Erhart: Sure. Batzli moved , Erhart seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment Request #88-15 to amend Section 20-814 as follows : (13) State Licensed Day Care Centers . Additionally, to add Section 20-292, State Licensed Day Care Centers : 1. The site shall have loading and drop-off points designed to avoid interferring with traffic and pedestrian movements . 2. Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining residential areas . 3 . Each center shall obtain applicable state , county and city licenses . Also, that staff will look into additional safety points for Council ' s consideration. All voted in favor and the motion carried . PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-814 TO PERMIT DAY CARE CENTERS AS PART OF A MULTI-TENANT BUILDING AS A CONDITIONAL USE ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK DISTRICT. Public Present : ' Name Address Scott Anderson Applicant Sue Building Block Day Care Barbara Dacy presented the staff report . ' Chairman Conrad called the public hearing to order . I , . Planning Commission Meeting September 7, 1988 - Page 61 C ' Scott Anderson : My name is Scott Anderson and I 'm with Anderson and Associates. We' re corporate adminstrative consultants working with New Horizon Day Care. New Horizon Day Care has about 30+ locations currently ' in the 7 county market and this particular location, working with Heitman will be the , there are three that we' re currently working with with Heitman Properties. The property of course was developed by Opus and ' Heitman is the current owner . Heitman being a pension fund that owns properties such as IDS Tower and the City Center and First Bank East and West and little things like that around the Twin Cities market . Just to respond to a few of the quick issues that were brought up earlier , in ' general I think day care is just an extremely rapidly growing industry and initially when the concept of day care was to put them closer to residential uses . Now I think a vast majority of expansion in day care ' that we' re seeing on behalf of New Horizons and other day care clients as well , is to be closer to the place of work than closer to home. That ' s one of the biggest single reasons that in Chanhassen you' re seeing this . ' We' re in of Minnetonka. We' re in front of the City of Minneapolis , Burnsville. There are already current locations within industrial parks in multi-tenant tenant buildings. As an example, Eden Prairie on West 70th Street, . . .is probably the closest one. In Minneapolis, we get a multi- tenant building . In Minnetonka , a multi-tenant building . We' re looking for facilities in downtown Minneapolis and in the last couple weeks a multi-tenant office building was suggested in Minneapolis showing a day ' care. In fact, day care on the skyway system in downtown St. Paul with access to rooftop for playground . Day Care is just in tremendous demand and what we have is a very good operator, New Horizon Day Care. When you look at some of the information in there , it ' s considered one of the best in the United States and they come very highly recommended. They' ve always been high in the State of Minnesota standards, which by the way, the State of Minnesota has some of the strictest safety standards in the ' United States , if not the strictest so I think when you consider day care, as far as safety issues , the State of Minnesota really does a real strong look at every single one of these facilities . In addition, New Horizon has been in business since 1971. This is non-profit corporation that will be running this particular facility called Building Blocks . If there is additional space available, and it' s only if , there' s a very small percentage chance another one of the elements that may be incorporated into this facility is something called Chicken Soup. It ' s for sick kids . It ' s another thing we ' re working with to expand throughout the Twin Cities market. Again, the present demand to work with the companies , close to the companies for care of the sick children as well as an entity that would provide, subsidize through the corporation , day care:. With that , if you have any questions . ' Sue from Building Block : . . . One of the things that I wanted to point out is the real benefit we have being close to work is when you already have a provider in another location, a neighbor or another center , if ' something happens and you can ' t get there , . . . we have all the. . .call in sick. I can' t come today, my provider is sick. I don 't know what I 'm going to do . . . ' Scott Anderson : . . .we already have a waiting list in excess of 30 students without any advertising. Without any marketing so the demand . . . • 1 Planning Commission Meeting September 7 , 1988 - Page 62 ' C We are close to 50% tuition filled and we' ve done nothing but word of mouth so there' s another side of the demand . Emmings moved , Headla seconded to close the public hearing. All voted in II favor and the motion carried. The public hearing was closed. Emmings : I don ' t like this one. I shouldn ' t say I don ' t like it. My reservations about it being in multi-tenant buildings as opposed to a fre standing facility is simply access . One of my concerns, I 'm not using day care anymore. One of my major concerns when I did use day care is who has access to that building? How do we know, if you 've got a multi-tenant building, you've got a lot more people coming and going . Both the people who have offices there and any clients they might be seeing and deliveries being made. It seems to me that security in a multi-tenant building is totally different than in a free standing building. They probably know a lot more about that than I do but I think maybe we want standards for a multi-tenant building that says that the entrance and the exit to the day care facility is separate and distinct from the access to the building itself. Scott Anderson: It definitely is . Conrad : We' re not reviewing your application . Emmings: I 'm glad you thought about it. I guess what I 'm saying is Y g , maybe we ought to have that built in here. Ellson: In case the next guy doesn' t . Conrad : Why? Emmings: I suppose you can let the parents worry about it but you know, my feeling is , when you need day care, sometimes you go out and you get what ' s available because when you need it , you need it bad . If that facility, why don' t we impose that on people that are going to build in here rather than forcing parents of kids . . . Conrad : What ' s going to happen between the car door and the front of the ' day care center? Ellson : Unless it' s a high rise or something and you don ' t even know where it is and all these people are coming in and out. We don' t know. Sue from Building Block : They all have to be ground level . Conrad: You' re kicking your kid out the car and saying, well hopefully you get there? ' Sue from their chil Buildind g inBlock: Also, all of our parents have to come in and sign . , Planning Commission Meeting ' September 7 , 1988 - Page 63 ! Conrad : We' re really not looking at your particular application. We ' re conceptualizing here. Do we need more requirements is what we' re saying? I 'm trying to force us to think about this . I 'm not showing any ' sensitivity but others are I guess. I guess I 'm not sure, what' s going to happen? Tell me what ' s happening? ' Batzli : It may be after you drop the child off . Conrad : Because between the time that you drop the child off , didn ' t you walk them to the door? ' Emmings : Of course . Ladd , I always did but you know, using day care is a real emotional thing from the standpoint of there' s a lot of anxiety. ' First of all of leaving your most valuable possession with somebody else , anybody else to start with. I know that the one that we used was in a free standing facility but it was in an apartment complex and that ' s ' something that we talked about a lot. It was who has access? How easy will it be for the people who are running this facility to recognize people who should be on the premises and people who should not be on the premises . As a comfort factor , maybe like I say, maybe it ' s purely an ' emotional kind of issue and maybe I over reacted, I don' t know. I don' t think so . Maybe the stuff is all designed in already. IEllson: Doesn' t the State say all these things right now? Sue from Building Block: I think they' re all covered through Y g the State regulations. ! Scott Anderson : The facility is designed for security. . . ' Sue from Building Block: That ' s a State requirement, signing in and signing out and asking for ID ' s . On your State forms , you have to have who can pick up the child. Anybody different has to have a signed ' authorized slip from the parent and you have to be identified with a Minnesota drivers license or picture ID. State requirement. Roman Roos : . . . the ones that forth coming also , I think you will find ' that day care is one of the most state regulated businesses that you can possibly get into . I can ' t begin to tell you what we ' re going through with State inspections . . . ' Batzli : I have safety concerns again. The same ones that I had the first one and I don' t •know what the State says they have to do or don' t have to do so I 'm counting on the staff that they did their homework and she came up with the 2 or 3 items that the State didn ' t cover . Headla : Did you look at the State regulations? ' Dacy: Yes . They are, in general , included in your packet. The standards that we are adopting as a part of this application is currently in the Ordinance also. Planning Commission Meeting September 7 , 1988 - Page 64 ' Emmings moved , Ellson seconded that the Planning Commission recommend ' approval of Zoning Ordinance Amendment Request #88-14 to amend Section 20-814 as follows : (14) State licensed day care centers as part of a multi-tenant building. II Additionally, to add to Section 20-292, State Licensed Day Care Centers : II 1. The site shall have loading and drop-off points designed to avoid interferring with traffic and pedestrian movements. 2. Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining residential areas . 3. Each center shall obtain applicable State , County and City licenses . II All voted in favor and the motion carried . APPROVAL OF MINUTES : Emmings moved, Erhart seconded to approve the Minutes of the Planning Commission meeting dated August 17, 1988 as presented . All voted in favor and the motion carried . °1 TREE PROTECTION POLICIES. ' Erhart : If this is easy to do, I 'm all for it . I still have a little hard time understanding why, we basically handle Class 2 wetlands . If someone smells a Class 2 wetland out there , somehow we can ' t let him, can you prohibit him from wrecking it and I think we do it effectively. I can ' t understand why we have been effective in preserving trees . If we have to do a whole great big overlay and make a drawing of all the trees in the City, that ' s fine. It ' s just a lot of work. I just have a hard time understanding why we have to do that. But if that' s what we have to do, that ' s fine. II Batzli : It seems to me you could do aerial photos and do it really easily. , Dacy: There ' s more implications in wetland areas as far as buildability and poorer soils and so forth. Trees add value to the lot and so on. Conrad : So our direction to staff is to proceed? Dacy: Yes, we ' re going to take this onto the Council . ' Emmings : Along with the issue of blending . Batzli : And blending and without appearing to be trite on this tree protection policy, I think it is something that we definitely need to do as well as the blending. I think we' re kind of giving it a little bit of short trip since it' s so late but I think it is very important . 1 Planning Commission Meeting ' September 7, 1988 - Page 64 ' Emmings moved , Ellson seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment Request #88-14 to amend Section 20-814 as follows : ' (14) State licensed day care centers as part of a multi-tenant building . ' Additionally, to add to Section 20-292, State Licensed Day Care Centers : 1. The site shall have loading and drop-off points designed to avoid interferring with traffic and pedestrian movements. 2. Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining residential areas . 3. Each center shall obtain applicable State, County and City licenses . All voted in favor and the motion carried. APPROVAL OF MINUTES : Emmings moved, Erhart seconded to approve the ' Minutes of the Planning Commission meeting dated August 17 , 1988 as presented . All voted in favor and the motion carried . I (I_ TREE PROTECTION POLICIES. Erhart : If this is easy to do , I 'm all for it. I still have a little ' hard time understanding why, we basically handle Class 2 wetlands . If someone smells a Class 2 wetland out there , somehow we can' t let him, can you prohibit him from wrecking it and I think we do it effectively. I can ' t understand why we have been effective in preserving trees . If we have to do a whole great big overlay and make a drawing of all the trees in the City, that' s fine. It ' s just a lot of work. I just have a hard time understanding why we have to do that. But if that' s what we have to ' do, that ' s fine. Batzli : It seems to me you could do aerial photos and do it really easily. Dacy: There ' s more implications in wetland areas as far as buildability ' and poorer soils and so forth. Trees add value to the lot and so on. Conrad : So our direction to staff is to proceed? ' Dacy: Yes, we' re going to take this onto the Council . Emmings : Along with the issue of blending . ' Batzli : And blending and without appearing to be trite on this tree C• wt ioan s pe ibyel I i.nk I t hink we' re kind of we eg int t ie b t doo f short trip since it' s so late but I think it is very important. Planning Commission Meeting September 7 , 1988 - Page 65 ' Headla : On tree protection, on the land next door to me. I see this great big shovel going down to the lake. This is great big steel tracks and I don' t know how many tons . They just barely fit between two oaks . They' re hauling rock down there for the storm drainage. He comes back up I and gets another load of rock and goes down again . I don' t know if you ' re familiar with those. You disturb those roots by driving a tractor past it a few times and disturb those roots , 3 to 4 years they' re gone. Now these two oaks are old oaks . I thought we were going to protect those trees . They' re going to be dead . I 'd bet a paycheck with anybody. Conrad: How would you stop that Dave? 1 Headla : You don' t drive stuff down there. Conrad: But how do you want to do that? Larry can' t be out there telling them. Do we need an ordinance that says don ' t drive within 10 feet of an oak? What do you want? Headla : They had a tree plan . That should be in that tree plan . Erhart: I think what we should do, we should pay special attention to oak. It' s not just that but I mean , trimming oak trees in the spring is an absolute no no and if we' re going to go through this, we ought to incorporate some words in there . Conrad: Are we looking for guidelines? Headla : Yes . ' Conrad : Which means enforcement but at least the guidelines should be there. So we should be chartering staff to be looking for guidelines that talk about construction in areas . That talk about simply operational procedures to preserve what ' s there. That makes sense. I don' t know that we can moniter it . There ' s no way. Headla: If we can improve the situation 30%, we ' re way ahead . Batzli : And you' re going to go after the people that are flagrantly ' violating it. If one person drives over an oak tree root once, you ' re not going to catch them anyway. Erhart : A lot of people just don ' t know about oak trees . They go into a II development and they go beat up the trees . If you scratch or break an oak tree in the spring . Conrad : A lot of people don ' t know about the whole root system of some of those plants and they start planting dirt around it. The last item Barbara is you. I think for myself, as I told you on the phone, I 'm really sorry to lose you. Chanhassen is losing an outstanding planner . I ' ve just been so impressed with what has been done in the last year by so few people. I wish you the best. Planning Commission Meeting ' September 7, 1988 - Page 66 ' Dacy: I think it ' s a fair statement to say that I ' ve really grown here at Chanhassen the last four years . I 'm definitely not the same person I was four years ago , both personally and professionally. I really 1 appreciate the Commission's patience Ladd. Some of you older members . If I can work with the same type of people up in Fridley, I ' ll just be ecstatic. Erhart moved , Emmings seconded to adjourn the meeting .7 All voted in favor and the motion carried. The meeting was adjourned at 12: 10 a .m. . Submitted by Barbara Dacy City Planner Prepared by Nann Opheim 1 Ic • I 1