SB 2509

This bill requires l ocal governments to establish and maintain an expedited review process for all child care agency permit applications, including conditional use permit applications, that prioritizes the applications above other non-emergency permitting activities. Child care agency permit applications must be processed with the same priority level as affordable housing development applications and must be assigned for review within five business days of receipt. A local government may do the following :  Designate sufficient staff to ensure timely processing of permit applications.  Provide applicants with a single point of contact for all permitting questions.  Conduct an initial completeness review within 10 business days of receipt and notify applicants of any deficiencies.  Except for applications for conditional use, issue a final permitting decision within 90 calendar days of receipt, unless the applicant agrees in writing to an extension. If the local government fails to issue a final decision within the 90 -day period and no extension has been granted, then this bill provides that the permit application is deemed approved, subject to successful completion of a required fire safety inspection. This bill requires a n application for a conditional use permit for a child care agency to be processed on an expedited basis within 60 days of receipt of a complete application and processed with the same priority level as conditional use permit applications for affordable housing developments. FIRE SAFETY INSPECTIONS This bill requires fire safety inspections for a child care agency seeking an initial license or license renewal to be conducted exclusively by the state fire marshal or its designated agents. A local fire marshal, fire department, or municipal code enf orcement office is prohibited to conduct separate or additional fire safety inspections for purposes of child care agency licensure. The state fire marshal may consult with or delegate to local fire officials as needed but must issue a single, consolidated fire safety inspection report for each child care agency. This bill requires the state fire marshal, in consultation with the department of human services ("department""), to promulgate rules establishing uniform fire safety standards applicable to all child care agencies statewide. Local jurisdictions must not impose additional fire safety requirements for child care agency licensure that exceed or conflict with state s tandards unless (i) there is a documented, site-specific safety risk and (ii) the additional requirement is approved by the state fire marshal. The state fire marshal must publish on its webpage a binding, standardized checklist for child care agencies. This bill requires f ire safety inspections for licensure to be scheduled and completed within 30 calendar days of request by the department or the applicant, whichever is earlier, and to be conducted with the same priority level as fire safety inspections for affordable housing developments. The state fire marshal's office may charge a reasonable fee for fire safety inspections not to exceed the actual cost of conducting the inspection. Any such fee must be set by rule and must be the only fire safety in spection fee required for child care agency licensure purposes. This bill does not prohibit a local government from enforcing generally applicable building codes in accordance with the following stipulations:  The enforcement does not duplicate fire safety inspections conducted for a child care agency seeking an initial license or license renewal.  Requirements are applied uniformly to all similar commercial uses and are not specifically targeted at child care agencies.  The enforcement is conducted with the same priority level as similar enforcement for affordable housing developments. ZONING CONDITIONS This bill authorizes a child care agency to be permitted as a use in any zone that permits o ffice uses, c ommercial uses, i ndustrial uses, i nstitutional uses, and r esidential zoning districts for home-based child care. However, a local government may impose reasonable conditions on a child care agency to address all of the following issues:  Traffic and parking impacts .  Hours of operation .  Outdoor play area safety and screening .  Building safety and fire protection measures consistent with state requirements. This bill provides that a child care agency operated by or for an employer primarily for the children of its employees is permitted as an accessory use to a lawful business use, subject to the same reasonable conditions described above. This bill prohibits a local government from imposing conditions on a child care agency that are more restrictive than those imposed on other similar commercial or office uses in the same zone. A child care agency is not required to obtain a zoning varia nce if the agency complies with the department's licensing standards and the use does not materially expand the building footprint. RULEMAKING This bill authorizes the state fire marshal's office to promulgate rules to effectuate this bill. In promulgating such rules, the state fire marshal must m inimize the regulatory burden on an applicant, e nsure consistency and predictability in application review, and s olicit input from child care agencies, local governments, and other stakeholders."