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General Assembly Substitute Bill No. 6291
January Session, 2019
AN ACT CONCERNING PR OTECTIONS FOR CERTAI N GROUP CHILD
CARE AND FAMILY CHILD CARE HOMES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-3j of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) No zoning regulation shall treat any family child care home 3
[registered] or group child care home, identified as such by the Office 4
of Early Childhood pursuant to section 17b-733, in a manner different 5
from single or multifamily dwellings. 6
(b) Not later than December 1, 2019, each municipality shall certify 7
compliance with this section and submit such certification to the 8
Commissioner of Early Childhood. 9
Sec. 2. Subsection (b) of section 19a-80 of the general statutes is 10
repealed and the following is substituted in lieu thereof (Effective 11
October 1, 2019): 12
(b) (1) Upon receipt of an application for a license, the commissioner 13
shall issue such license if, upon inspection and investigation, said 14
commissioner finds that the applicant, the facilities and the program 15
meet the health, educational and social needs of children likely to 16
attend the child care center or group child care home and comply with 17 Substitute Bill No. 6291
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requirements established by regulations adopted under this section 18
and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-19
87a, inclusive. Any inspection of a group child care home under this 20
subsection shall include an inspection for evident sources of lead 21
poisoning, and shall provide for a chemical analysis of any paint chips 22
found on such premises. The commissioner shall offer an expedited 23
application review process for an application submitted by a municipal 24
agency or department. A currently licensed person or entity, as 25
described in subsection (a) of this section, seeking a change of 26
operator, ownership or location shall file a new license application, 27
except such person or entity may request the commissioner to waive 28
the requirement that a new license application be filed. The 29
commissioner may grant or deny such request. Each license shall be for 30
a term of four years, shall be nontransferable, and may be renewed 31
upon receipt by the commissioner of a renewal application and 32
accompanying licensure fee. The commissioner may suspend or revoke 33
such license after notice and an opportunity for a hearing as provided 34
in section 19a-84 for violation of the regulations adopted under this 35
section and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 36
19a-87a, inclusive. In the case of an application for renewal of a license 37
that has expired, the commissioner may renew such expired license 38
within thirty days of the date of such expiration upon receipt of a 39
renewal application and accompanying licensure fee. 40
(2) The commissioner shall collect from the licensee of a child care 41
center a fee of five hundred dollars prior to issuing or renewing a 42
license for a term of four years. The commissioner shall collect from 43
the licensee of a group child care home a fee of two hundred fifty 44
dollars prior to issuing or renewing a license for a term of four years. 45
The commissioner shall require only one license for a child care center 46
operated in two or more buildings, provided the same licensee 47
provides child care services in each building and the buildings are 48
joined together by a contiguous playground that is part of the licensed 49
space. 50 Substitute Bill No. 6291
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(3) The commissioner, or the commissioner's designee, shall make 51
an unannounced visit, inspection or investigation of each licensed 52
child care center and group child care home at least once each year. At 53
least once every two years, the local health director, or the local health 54
director's designee, shall make an inspection of each licensed child care 55
center and group child care home. 56
(4) A municipality shall not subject the operation of a licensed group 57
child care home to any conditions, other than those imposed by the 58
commissioner pursuant to this subsection, if the home complies with 59
all local codes and ordinances applicable to single and multifamily 60
dwellings. 61
Sec. 3. Subsection (a) of section 8-2 of the general statutes is repealed 62
and the following is substituted in lieu thereof (Effective October 1, 63
2019): 64
(a) The zoning commission of each city, town or borough is 65
authorized to regulate, within the limits of such municipality, the 66
height, number of stories and size of buildings and other structures; 67
the percentage of the area of the lot that may be occupied; the size of 68
yards, courts and other open spaces; the density of population and the 69
location and use of buildings, structures and land for trade, industry, 70
residence or other purposes, including water-dependent uses, as 71
defined in section 22a-93, and the height, size, location, brightness and 72
illumination of advertising signs and billboards. Such bulk regulations 73
may allow for cluster development, as defined in section 8-18. Such 74
zoning commission may divide the municipality into districts of such 75
number, shape and area as may be best suited to carry out the 76
purposes of this chapter; and, within such districts, it may regulate the 77
erection, construction, reconstruction, alteration or use of buildings or 78
structures and the use of land. All such regulations shall be uniform 79
for each class or kind of buildings, structures or use of land throughout 80
each district, but the regulations in one district may differ from those 81
in another district, and may provide, except as otherwise specified in 82
this subsection, that certain classes or kinds of buildings, structures or 83 Substitute Bill No. 6291
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uses of land are permitted only after obtaining a special permit or 84
special exception from a zoning commission, planning commission, 85
combined planning and zoning commission or zoning board of 86
appeals, whichever commission or board the regulations may, 87
notwithstanding any special act to the contrary, designate, subject to 88
standards set forth in the regulations and to conditions necessary to 89
protect the public health, safety, convenience and property values. 90
Such regulations shall be made in accordance with a comprehensive 91
plan and in adopting such regulations the commission shall consider 92
the plan of conservation and development prepared under section 8-93
23. Such regulations shall be designed to lessen congestion in the 94
streets; to secure safety from fire, panic, flood and other dangers; to 95
promote health and the general welfare; to provide adequate light and 96
air; to prevent the overcrowding of land; to avoid undue concentration 97
of population and to facilitate the adequate provision for 98
transportation, water, sewerage, schools, parks and other public 99
requirements. Such regulations shall be made with reasonable 100
consideration as to the character of the district and its peculiar 101
suitability for particular uses and with a view to conserving the value 102
of buildings and encouraging the most appropriate use of land 103
throughout such municipality. Such regulations may, to the extent 104
consistent with soil types, terrain, infrastructure capacity and the plan 105
of conservation and development for the community, provide for 106
cluster development, as defined in section 8-18, in residential zones. 107
Such regulations shall also encourage the development of housing 108
opportunities, including opportunities for multifamily dwellings, 109
consistent with soil types, terrain and infrastructure capacity, for all 110
residents of the municipality and the planning region in which the 111
municipality is located, as designated by the Secretary of the Office of 112
Policy and Management under section 16a-4a. Such regulations shall 113
also promote housing choice and economic diversity in housing, 114
including housing for both low and moderate income households, and 115
shall encourage the development of housing which will meet the 116
housing needs identified in the state's consolidated plan for housing 117
and community development prepared pursuant to section 8-37t and 118 Substitute Bill No. 6291
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in the housing component and the other components of the state plan 119
of conservation and development prepared pursuant to section 16a-26. 120
Zoning regulations shall be made with reasonable consideration for 121
their impact on agriculture, as defined in subsection (q) of section 1-1. 122
Zoning regulations may be made with reasonable consideration for the 123
protection of historic factors and shall be made with reasonable 124
consideration for the protection of existing and potential public surface 125
and ground drinking water supplies. On and after July 1, 1985, the 126
regulations shall provide that proper provision be made for soil 127
erosion and sediment control pursuant to section 22a-329. Such 128
regulations may also encourage energy -efficient patterns of 129
development, the use of solar and other renewable forms of energy, 130
and energy conservation. The regulations may also provide for 131
incentives for developers who use passive solar energy techniques, as 132
defined in subsection (b) of section 8-25, in planning a residential 133
subdivision development. The incentives may include, but not be 134
limited to, cluster development, higher density development and 135
performance standards for roads, sidewalks and underground facilities 136
in the subdivision. Such regulations may provide for a municipal 137
system for the creation of development rights and the permanent 138
transfer of such development rights, which may include a system for 139
the variance of density limits in connection with any such transfer. 140
Such regulations may also provide for notice requirements in addition 141
to those required by this chapter. Such regulations may provide for 142
conditions on operations to collect spring water or well water, as 143
defined in section 21a-150, including the time, place and manner of 144
such operations. No such regulations shall prohibit the operation of 145
any family child care home or group child care home in a residential 146
zone, nor shall such regulations require any special zoning permit or 147
special exception for such operation. No such regulations shall prohibit 148
the use of receptacles for the storage of items designated for recycling 149
in accordance with section 22a-241b or require that such receptacles 150
comply with provisions for bulk or lot area, or similar provisions, 151
except provisions for side yards, rear yards and front yards. No such 152
regulations shall unreasonably restrict access to or the size of such 153 Substitute Bill No. 6291
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receptacles for businesses, given the nature of the business and the 154
volume of items designated for recycling in accordance with section 155
22a-241b, that such business produces in its normal course of business, 156
provided nothing in this section shall be construed to prohibit such 157
regulations from requiring the screening or buffering of such 158
receptacles for aesthetic reasons. Such regulations shall not impose 159
conditions and requirements on manufactured homes having as their 160
narrowest dimension twenty-two feet or more and built in accordance 161
with federal manufactured home construction and safety standards or 162
on lots containing such manufactured homes which are substantially 163
different from conditions and requirements imposed on single-family 164
dwellings and lots containing single-family dwellings. Such 165
regulations shall not impose conditions and requirements on 166
developments to be occupied by manufactured homes having as their 167
narrowest dimension twenty-two feet or more and built in accordance 168
with federal manufactured home construction and safety standards 169
which are substantially different from conditions and requirements 170
imposed on multifamily dwellings, lots containing multifamily 171
dwellings, cluster developments or planned unit developments. Such 172
regulations shall not prohibit the continuance of any nonconforming 173
use, building or structure existing at the time of the adoption of such 174
regulations or require a special permit or special exception for any 175
such continuance. Such regulations shall not provide for the 176
termination of any nonconforming use solely as a result of nonuse for a 177
specified period of time without regard to the intent of the property 178
owner to maintain that use. Such regulations shall not terminate or 179
deem abandoned a nonconforming use, building or structure unless 180
the property owner of such use, building or structure voluntarily 181
discontinues such use, building or structure and such discontinuance 182
is accompanied by an intent to not reestablish such use, building or 183
structure. The demolition or deconstruction of a nonconforming use, 184
building or structure shall not by itself be evidence of such property 185
owner's intent to not reestablish such use, building or structure. Unless 186
such town opts out, in accordance with the provisions of subsection (j) 187
of section 8-1bb, such regulations shall not prohibit the installation of 188 Substitute Bill No. 6291
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temporary health care structures for use by mentally or physically 189
impaired persons in accordance with the provisions of section 8-1bb if 190
such structures comply with the provisions of said section. Any city, 191
town or borough which adopts the provisions of this chapter may, by 192
vote of its legislative body, exempt municipal property from the 193
regulations prescribed by the zoning commission of such city, town or 194
borough; but unless it is so voted municipal property shall be subject 195
to such regulations. 196
Sec. 4. Section 47a-4 of the general statutes is repealed and the 197
following is substituted in lieu thereof (Effective October 1, 2019): 198
(a) A rental agreement shall not provide that the tenant: (1) Agrees 199
to waive or forfeit rights or remedies under this chapter and sections 200
47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 201
to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section 202
of the general statutes or any municipal ordinance unless such section 203
or ordinance expressly states that such rights may be waived; (2) 204
authorizes the landlord to confess judgment on a claim arising out of 205
the rental agreement; (3) agrees to the exculpation or limitation of any 206
liability of the landlord arising under law or to indemnify the landlord 207
for that liability or the costs connected therewith; (4) agrees to waive 208
his right to the interest on the security deposit pursuant to section 47a-209
21; (5) agrees to permit the landlord to dispossess him without resort 210
to court order; (6) consents to the distraint of his property for rent; (7) 211
agrees to pay the landlord's attorney's fees in excess of fifteen per cent 212
of any judgment against the tenant in any action in which money 213
damages are awarded; (8) agrees to pay a late charge prior to the 214
expiration of the grace period set forth in section 47a-15a or to pay rent 215
in a reduced amount if such rent is paid prior to the expiration of such 216
grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat 217
or utilities is included in the rental agreement; or (10) is prohibited 218
from operating a licensed family child care home or group child care 219
home, as those terms are defined in section 19a-77, or is otherwise 220
restricted in the operation of such child care home. 221 Substitute Bill No. 6291
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(b) A provision prohibited by subsection (a) of this section included 222
in a rental agreement is unenforceable. 223
Sec. 5. Subsection (c) of section 47-70 of the general statutes is 224
repealed and the following is substituted in lieu thereof (Effective 225
October 1, 2019): 226
(c) The declaration may include such covenants and restrictions 227
concerning the use, occupancy and transfer of units as are permitted 228
by law with reference to real property, [; provided, however, that] (1) 229
provided the rule against perpetuities and the rule restricting 230
unreasonable restraints on alienation shall not be applied to defeat any 231
rights given by the condominium instruments or by this chapter, and 232
(2) except that the declaration may not include any prohibition on the 233
operation of a licensed family child care home or group child care 234
home, as those terms are defined in section 19a-77, or any restriction 235
on the operation of such family or group child care home. 236
Sec. 6. Subsection (b) of section 47-224 of the general statutes is 237
repealed and the following is substituted in lieu thereof (Effective 238
October 1, 2019): 239
(b) The declaration may contain any other matters not inconsistent 240
with this chapter that the declarant considers appropriate, including 241
any restrictions on the uses of a unit or the number or other 242
qualifications of persons who may occupy units, except that the 243
declaration may not contain any prohibition on the operation of a 244
licensed family child care home or group child care home, as those 245
terms are defined in section 19a-77, or any restriction on the operation 246
of such family or group child care home. 247
Sec. 7. (NEW) (Effective October 1, 2019) In any renter's or 248
homeowner's insurance policy providing coverage for the operator of a 249
licensed family child care home or group child care home, such 250
operator may name such operator's landlord, association of unit 251
owners for a condominium or unit owners' association of a common 252 Substitute Bill No. 6291
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interest community, as applicable, as an additional insured on such 253
policy. For the purposes of this section, "family child care home" and 254
"group child care home" have the same meanings as provided in 255
section 19a-77 of the general statutes, "landlord" has the same meaning 256
as provided in section 47a-1 of the general statutes, "condominium" 257
and "association of unit owners" have the same meanings as provided 258
in section 47-68a of the general statutes, and "unit owners' association" 259
and "common interest community" have the same meanings as 260
provided in section 47-202 of the general statutes. 261
Sec. 8. (NEW) (Effective July 1, 2019) Any municipality that violates 262
section 8-3j of the general statutes, as amended by this act, subdivision 263
(4) of subsection (b) of section 19a-80 of the general statutes, as 264
amended by this act, or the provisions relating to group homes and 265
family care homes in subsection (a) of section 8-2 of the general 266
statutes, as amended by this act, shall be precluded from receiving any 267
grant-in-aid from the state for the fiscal year next succeeding the 268
determination of such a violation by the Department of Housing. 269
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 8-3j
Sec. 2 October 1, 2019 19a-80(b)
Sec. 3 October 1, 2019 8-2(a)
Sec. 4 October 1, 2019 47a-4
Sec. 5 October 1, 2019 47-70(c)
Sec. 6 October 1, 2019 47-224(b)
Sec. 7 October 1, 2019 New section
Sec. 8 July 1, 2019 New section
Statement of Legislative Commissioners:
In Section 7, "family" was added before "child care home" for accuracy.
HSG Joint Favorable Subst.