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RELATED HEALTH AND SAFETY CODE PROVISIONS <br /> §1597.44. Conditions for a Small Family Day Care Home <br /> A small family day care home may provide care for more than six and up to eight children, <br /> without an additional adult attendant,if all of the following conditions are met: <br /> (a) At least one child is enrolled in and attending kindergarten or elementary school <br /> and a second child is at least sic years of age. <br /> (b) No more than two infants are cared for during any time when more than six <br /> children are cared for. <br /> r <br /> (c) The licensee notifies each parent that the facility is caring for two additional <br /> sohoolage children and that there may be up to seven or eight children in the home at one time. <br /> s <br /> (d) The licensee obtains the written consent of the property owner when the family <br /> day care home is operated on property that is leased or rented. <br /> a <br /> §1597.45. Small Family Day Care Homes <br /> All of the following shall apply to small family day care homes: <br /> (a) The use of single-family residence as a small family day care home shall be <br /> considered a residential use of property for the purposes of all local ordinances. <br /> (b) No local jurisdiction shall impose any business license, fee, or tax for the <br /> privilege of operating a small family day care home. <br /> (c) Use of a single-family dwelling for purposes of a small family day carehome shall <br /> not constitute a change of occupancy for purposes of Part 1.5(commencing with Section 179 10) <br /> of Division 13 (State Housing Law)or for purposes of local building codes. <br /> (d) A small family day care home shall not be subject to Article 1 (commencing with <br /> Section 13 100)or Article 2(commencing with Section 13140)of Chapter 1 of Part 2,except that <br /> a small family day care home shall contain a fire extinguisher and smoke detector device that <br /> - meet standards established by the State Fire Marshal. j <br /> §1597.46. Large Family Day Care Homes <br /> i <br /> All of the following shall apply to large family day care homes: <br /> (a) A city,county,or city and county shall not prohibit large family day care homes <br /> on lots zoned for single-family dwellings,but shall do one of the following: <br /> (I) Classify these homes as a permitted use of residential property for zoning <br /> purposes. <br /> (2) Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling <br /> to any large family day care home that complies with local ordinances prescribing reasonable <br /> _ standards,restrictions,and requirements concerning spacing and concentration,traffic control, <br /> i <br /> i <br /> Complunena of ANGIOS&TERxY LLP 195 <br /> Walnut Creek,Sacramento and San Jose <br />