PRINTER'S NO. 451
No. 446 Session of 1999
INTRODUCED BY SCHWARTZ, STAPLETON, KASUNIC, HART, HELFRICK,
MELLOW, COSTA, WOZNIAK, BODACK, BELAN AND KITCHEN,
FEBRUARY 22, 1999
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 22, 1999
AN ACT
1 Providing for the location and operation of family day care in
2 private residential homes.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Family Day
7 Care Siting Act.
8 Section 2. Declaration of policy.
9 The General Assembly declares that it is public policy of
10 this Commonwealth that young children should not be excluded by
11 municipal zoning ordinances from the benefits of day care
12 provided in private residential homes.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Family day-care home." A premises other than a child's own
1 home, operated for profit or not-for-profit, in which child day
2 care is provided at any one time to four, five or six children
3 who are not the relatives of the caregiver and where the child-
4 care areas are being used as a family residence.
5 "Municipality." A city, borough, incorporated town,
6 township, county, home rule municipality or a similar general
7 purpose unit of government which may be created by the General
8 Assembly.
9 Section 4. Applicability and construction of act.
10 (a) All municipalities.--This act shall be applicable in any
11 municipality of this Commonwealth, including those operating
12 under home rule charters and optional plans of government.
13 (b) All family day-care homes.--This act shall be applicable
14 to any family day-care home that is registered or licensed by
15 the Department of Public Welfare. This act shall not be
16 construed to limit or restrict the authority of appropriate
17 State agencies to approve or license family day-care homes.
18 Section 5. Status for zoning purposes.
19 A family day-care home shall be considered a residential use
20 of property permitted in all residential zones. A comprehensive
21 zoning plan shall be construed to permit family day care in all
22 residential zones.
23 Section 6. Municipal records.
24 A municipality may maintain appropriate records indicating
25 the location, capacity and provider of family day care within
26 its jurisdiction. The provider shall be responsible for
27 maintaining the facility to ensure that it is similar in
28 appearance and condition to other private residences in the
29 community.
30 Section 7. Municipal ordinance subordination.
19990S0446B0451 - 2 -
1 This act shall supersede any local ordinances or regulations
2 to the contrary.
3 Section 8. Effective date.
4 This act shall take effect in 30 days.
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