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u J , RELATED HEALTH AND SAFETY CODE PROVISIONS (4) Participant providers with additional children were no more likely to receive - substantiated complaints from licensing officials than nonparticipants. i - (5) LocA governments and planning officials saw little or no impact on their licensing policies and procedures. r (6) Overall quality of care was not adversely affected. §1596.78. Family Day Care Home i (a) "Family day care home" means a home that regularly provides care,protection, and supervision for 14 or fewer children,in the provider's own home,forperiods of less than 24 - hours per day,while the parents or guardians are away,and is either a large family day care home or a small family day care home. (b) "Large family day care home"which means a home that provides family day care to 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home,as set forth in Section 1597.465 and as defined in regulations. (c) "Small family day care home"which means a home that provides family daycare for eight or fewer children,including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 and as defined in regulations. §1597.40. Exclusion of Municipal Zoning,Building and Fire Codes and Regulations; Invalidity of Restrictive Covenants i (a) It is the intent of the Legislature that family day care homes for children should j be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development It is the public policy of this state to provide I� children in a family day care home the same home environment as provided in a traditional home setting. .o The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning,building and fire codes and regulations governing the use or occupancy of family day care homes for children,except as specifically provided for in this �. chapter,and to prohibit any restrictions relating to the use of single-family residences for family day care homes for children except as provided by this chapter. _ (b) Every provision in a written instrument entered into relating to real property which purports to forbid or restrict the conveyance,encumbrance,leasing,or mortgaging of the real property for use or occupancy as a family day care home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c) Except as provided in subdivision (d),every restriction or prohibition entered into,whether by way of covenant,condition upon use or occupancy,or upon transfer of title to real property, which restricts or prohibits directly, or indirectly limits, the acquisition, use, or j occupancy of such property for a family day care home for children is void. I Compliments ofANGIUS&TERRY LLP 193 it Walnut Creek,Sacramento and Son Jose - ji