Chapter 408 Oregon Laws 2005

AN ACT

HB 2999

Relating to child care facilities; amending ORS 657A.280 and 657A.440.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 657A.280 is amended to read:

657A.280. (1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 657A.330, without a certification for [such] the facility from the Child Care Division.

(2) The Child Care Division shall adopt rules for the certification of a family child care home caring for not more than [12] 16 children. The rules shall be specifically adopted for the regulation of certified child care facilities operated in a facility constructed as a single-family dwelling. Notwithstanding fire and other safety regulations, the rules that the Child Care Division adopts for certified child care facilities shall set standards that can be met without significant architectural modification of a typical home. In adopting the rules, the Child Care Division may consider and set limits according to factors including the age of children in care, the ambulatory ability of children in care, the number of the provider’s children present, the length of time a particular child is continuously cared for and the total amount of time a particular child is cared for within a given unit of time.

(3) In addition to rules adopted for and applied to a certified family child care home providing child care for not more than [12] 16 children, the Child Care Division shall adopt and apply separate rules appropriate for any child care facility that is a child care center.

(4) Any person seeking to operate a child care facility may apply for a certification for [such] the facility from the Child Care Division and receive a certification upon meeting certification requirements.

SECTION 2. ORS 657A.440 is amended to read:

657A.440. (1) A registered or certified family child care home shall be considered a residential use of property for zoning purposes. The registered or certified family child care home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. A city or county may not enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a registered or certified family child care home.

(2) A city or county may impose zoning conditions on the establishment and maintenance of a registered or certified family child care home in an area zoned for residential or commercial use[, provided that] if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

(3) A county may:

(a) Allow a registered or certified family child care home in an existing dwelling in any area zoned for farm use, including an exclusive farm use zone established under ORS 215.203;

(b) Impose reasonable conditions on the establishment of a registered or certified family child care home in an area zoned for farm use; and

(c) Allow a division of land for a registered or certified family child care home in an exclusive farm use zone only as provided in ORS 215.263 (9).

(4) This section applies only to [any] a registered or certified family child care home where child care is offered in the home of the provider to [fewer than 13] not more than 16 children, including children of the provider, regardless of full-time or part-time status.

Approved by the Governor June 29, 2005

Filed in the office of Secretary of State June 29, 2005

Effective date January 1, 2006

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