Are You Required To Ask County/City Or Township Municipalities....

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  • Blackcat31
    • Oct 2010
    • 36124

    Are You Required To Ask County/City Or Township Municipalities....

    ...for permission to obtain a child care license and run a family child care from your home?

    In light of the thread where a provider was issued a cease and desist letter from her township, a poster asked if her state was the only one that required NOT only permission from the state but permission from the city/township and or county in order to obtain a license, certificate or permission to have a child care business in your home.

    I hope I "asked" that correctly.

    I am in MN and am ONLY required to apply to the state for a child care license, although the county is the one who does the inspection and paperwork and oversees that I follow the laws and regulations that the state has set forth. My city and/or township do not have a say.
    54
    yes (please explain)
    0%
    20
    no
    0%
    34
  • Cat Herder
    Advanced Daycare.com Member
    • Dec 2010
    • 13744

    #2
    Here the State licenses, inspects, trains and enforces compliance of all childcare centers, group homes and family care homes.

    2 votes with 17 views?? It is just a click button, guys.... doesn't hurt much at all.
    - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

    Comment

    • GabsKids
      Daycare.com Member
      • Jun 2013
      • 31

      #3
      Thanks Blackcat for starting the poll. I am very interested to see what steps other providers need to to take to run a daycare home. Again just to clarify, in Pennsylvania this is the breakdown.

      We have 4 different categories.
      1) no license or regulation, allowed 3 children.
      2) Regulated Family Child Care Home, up to 6 children. Inspection and/or permit required from municipality. Once this is obtained, the state is who issues the license and does further inspections as needed.
      3) Group Daycare, up to 12 children. Same steps as Family, plus the state does a required yearly inspection.
      4) Daycare Center, to care for more than 12 children. Same steps to obtain and maintain as Group.
      My township did not have a Group definition in their ordinance, only Family and Center, therefore, they wouldn't allow it. So I wonder why our state wants you to have permission from your township/borough/county. They oversee everything else.

      Comment

      • Sugar Magnolia
        Blossoms Blooming
        • Apr 2011
        • 2647

        #4
        Oops, you might want to ignore my "yes" vote, because I'm a center and you were asking about home daycare only. I had extensive city and county licensing process, in addition to state.

        Comment

        • Memc2001
          New Daycare.com Member
          • Jul 2013
          • 92

          #5
          Yes, it is a required part of getting licensed. That is the first step.

          Comment

          • MCC
            Daycare.com Member
            • Mar 2013
            • 501

            #6
            I'm in Virginia, the State says we can operate with less than 5 children (excluding our own) without a license. However, there are about 5 counties in VA that require either a permit or a license, and I live in one of those counties.

            I had to get county approval, including a fire inspection that, in my opinion, was ridiculous. Anyone else not aloud to have extension cords? like none at all in my entire house! This is where we had to put the most money and time into getting ready for licensing. We had to have things re-wired, piles of wood moved further away from the house, added outlets in the playroom, etc... bla.

            After the fire inspection is it pretty smooth, CPS check, Criminal history, and then an online training (3 hours), and then an in person training (5hours).

            In VA we are aloud to have 12 children if we are licensed, however MY county just changed down to 5 total, excluding your own. I have heard from some providers in my county that the State trumps the county, and from some that the county trumps the State. I have my inspection coming up with the State and I am REALLY hoping that I get good news and get to have a license for 12.

            Comment

            • Blackcat31
              • Oct 2010
              • 36124

              #7
              Originally posted by Sugar Magnolia
              Oops, you might want to ignore my "yes" vote, because I'm a center and you were asking about home daycare only. I had extensive city and county licensing process, in addition to state.
              No, I think it's important to look at ALL types of child cares....after all, we all have rules/regs to follow so center info is important too!

              Comment

              • kelsey's kids
                Daycare.com Member
                • Apr 2013
                • 248

                #8
                Idaho each county is different and different laws are enforced within them. It can get a little confusing beacuse state and city will disagree. I have to get both city and state licensed. The biggest difference is with state you dont have to have overhead fire sprinklers unless your building is so big or you watch more than 18 kids. And in my city you have to have overhead sprinklers if you watch more than 4 kids including your own.

                Comment

                • mamac
                  Tantrum Negotiator
                  • Jan 2013
                  • 772

                  #9
                  I voted no but to be honest I'm really not 100% sure. When I called my city clerk to ask about the requirements for registering my business she told me I needed to speak with the health inspector (because I would be serving food)and the building inspector and get approved by them first. I assumed that I had all the inspections necessary through the EEC state inspection so I never really followed through with any further phone calls. I also have my doubts that she even knew what she was talking about. I didn't end up registering my business through the city on the advice of my state attorney general so she may have been correct. I don't think my city could tell me I couldn't have a daycare as long as I got the necessary inspections, if that was really required.

                  Comment

                  • AcornMama
                    Daycare.com Member
                    • Jun 2013
                    • 283

                    #10
                    I voted yes because the first thing the state tells us to do is to check with our local zoning regulations and possible restrictive covenants in neigbhorhoods. So, while town or county zoning doesn't necessarily have to issue us a written permission, we do have to make sure we're not violating anything.

                    For example, where I am, I'm technically outside of the town limits but still within the town's "extra territorial jurisdiction" for zoning. So I had to go to the town to clear things with zoning. They gave me the regulations for operating a home occupation within the town zoning area. These are the same limits for anyone operating a business from their home. It mostly deals with how early and late a business can operate from a residential home, limits offensive sounds or odors, and limits how many clients can be at your home at the same time. This is for traffic control in residential areas.

                    For me, the only thing that really affects me is the limit on the number of clients in the home at the same time. The town gave me approval that this is to limit the number of people dropping off and picking up at the same time, not the total number of children in my care. So I have to make sure I don't have more than 3 drop-offs or pick-ups happening at the same time.

                    If I were just a little bit down the road, I wouldn't have had to go to zoning at all, because county zoning allows for childcare to be an acceptable use of a residence.

                    Comment

                    • sharlan
                      Daycare.com Member
                      • May 2011
                      • 6067

                      #11
                      I didn't have to go through the city for my small daycare license (max 8). Evidently for a large license, the city gets involved and they charge a really hefty fee and you have to have environmental/traffic studies.

                      Comment

                      • Leigh
                        Daycare.com Member
                        • Apr 2013
                        • 3814

                        #12
                        My city requires a license. My state does not. My state told me that my city's license requirement is not enforceable, and that I needn't bother with it.

                        Comment

                        • Brooksie
                          Daycare.com Member
                          • Oct 2012
                          • 1315

                          #13
                          I need approval from the towns zoning commission to obtain a license through the state. I HAVE to be approved through them before MSDE will even look at my application for childcare registration. Its not hard though.

                          Comment

                          • Unregistered

                            #14
                            Department of Welfare approves center licensing.

                            ....but we also must have an occupancy permit from local borough to run the business. This is a one time permit for any center or in home day cares in our area.

                            Comment

                            • Willow
                              Advanced Daycare.com Member
                              • May 2012
                              • 2683

                              #15
                              I've lived in a township they had no additional requirements beyond what the state/county requests.....training, fire marshal inspection, background check and county licensing inspection.

                              I've also lived in a neighborhood with "covenants." They had stipulations like if you are required to fence it couldn't be chain link, but it's my understanding they couldn't say you coulfnt operate a small un-imposing business out of your home because it would infringe on an individual persons rights per the constitution.

                              Comment

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