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General Assembly Raised Bill No. 7276
January Session, 2019
LCO No. 5043
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING CE RTAIN 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 Section 8-3j of the general statutes is repealed and the 1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
No zoning regulation shall treat any family child care home 3
[registered] or group child care home, identified by the Office of Early 4
Childhood pursuant to section 17b-733, in a manner different from 5
single or multifamily dwellings. 6
Sec. 2. Subsection (b) of section 19a-80 of the general statutes is 7
repealed and the following is substituted in lieu thereof (Effective 8
October 1, 2019): 9
(b) (1) Upon receipt of an application for a license, the commissioner 10
shall issue such license if, upon inspection and investigation, said 11
commissioner finds that the applicant, the facilities and the program 12
meet the health, educational and social needs of children likely to 13
attend the child care center or group child care home and comply with 14 Raised Bill No. 7276
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requirements established by regulations adopted under this section 15
and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-16
87a, inclusive. Any such inspection of a group child care home shall 17
include an inspection for evident sources of lead poisoning and shall 18
provide for a chemical analysis of any paint chips found on such 19
premises. The commissioner shall offer an expedited application 20
review process for an application submitted by a municipal agency or 21
department. A currently licensed person or entity, as described in 22
subsection (a) of this section, seeking a change of operator, ownership 23
or location shall file a new license application, except such person or 24
entity may request the commissioner to waive the requirement that a 25
new license application be filed. The commissioner may grant or deny 26
such request. Each license shall be for a term of four years, shall be 27
nontransferable, and may be renewed upon receipt by the 28
commissioner of a renewal application and accompanying licensure 29
fee. The commissioner may suspend or revoke such license after notice 30
and an opportunity for a hearing as provided in section 19a-84 for 31
violation of the regulations adopted under this section and sections 32
19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. 33
In the case of an application for renewal of a license that has expired, 34
the commissioner may renew such expired license within thirty days 35
of the date of such expiration upon receipt of a renewal application 36
and accompanying licensure fee. 37
(2) The commissioner shall collect from the licensee of a child care 38
center a fee of five hundred dollars prior to issuing or renewing a 39
license for a term of four years. The commissioner shall collect from 40
the licensee of a group child care home a fee of two hundred fifty 41
dollars prior to issuing or renewing a license for a term of four years. 42
The commissioner shall require only one license for a child care center 43
operated in two or more buildings, provided the same licensee 44
provides child care services in each building and the buildings are 45
joined together by a contiguous playground that is part of the licensed 46
space. 47
(3) The commissioner, or the commissioner's designee, shall make 48 Raised Bill No. 7276
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an unannounced visit, inspection or investigation of each licensed 49
child care center and group child care home at least once each year. At 50
least once every two years, the local health director, or the local health 51
director's designee, shall make an inspection of each licensed child care 52
center and group child care home. 53
(4) A licensed group child care home shall not be subject to any 54
conditions on the operation of such home by local officials, other than 55
those imposed by the commissioner pursuant to this subsection, if the 56
home complies with all local codes and ordinances applicable to single 57
and multifamily dwellings. 58
Sec. 3. Subsection (a) of section 8-2 of the general statutes is repealed 59
and the following is substituted in lieu thereof (Effective October 1, 60
2019): 61
(a) The zoning commission of each city, town or borough is 62
authorized to regulate, within the limits of such municipality, the 63
height, number of stories and size of buildings and other structures; 64
the percentage of the area of the lot that may be occupied; the size of 65
yards, courts and other open spaces; the density of population and the 66
location and use of buildings, structures and land for trade, industry, 67
residence or other purposes, including water-dependent uses, as 68
defined in section 22a-93, and the height, size, location, brightness and 69
illumination of advertising signs and billboards. Such bulk regulations 70
may allow for cluster development, as defined in section 8-18. Such 71
zoning commission may divide the municipality into districts of such 72
number, shape and area as may be best suited to carry out the 73
purposes of this chapter; and, within such districts, it may regulate the 74
erection, construction, reconstruction, alteration or use of buildings or 75
structures and the use of land. All such regulations shall be uniform 76
for each class or kind of buildings, structures or use of land throughout 77
each district, but the regulations in one district may differ from those 78
in another district, and may provide, except as otherwise specified in 79
this subsection, that certain classes or kinds of buildings, structures or 80
uses of land are permitted only after obtaining a special permit or 81 Raised Bill No. 7276
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special exception from a zoning commission, planning commission, 82
combined planning and zoning commission or zoning board of 83
appeals, whichever commission or board the regulations may, 84
notwithstanding any special act to the contrary, designate, subject to 85
standards set forth in the regulations and to conditions necessary to 86
protect the public health, safety, convenience and property values. 87
Such regulations shall be made in accordance with a comprehensive 88
plan and in adopting such regulations the commission shall consider 89
the plan of conservation and development prepared under section 8-90
23. Such regulations shall be designed to lessen congestion in the 91
streets; to secure safety from fire, panic, flood and other dangers; to 92
promote health and the general welfare; to provide adequate light and 93
air; to prevent the overcrowding of land; to avoid undue concentration 94
of population and to facilitate the adequate provision for 95
transportation, water, sewerage, schools, parks and other public 96
requirements. Such regulations shall be made with reasonable 97
consideration as to the character of the district and its peculiar 98
suitability for particular uses and with a view to conserving the value 99
of buildings and encouraging the most appropriate use of land 100
throughout such municipality. Such regulations may, to the extent 101
consistent with soil types, terrain, infrastructure capacity and the plan 102
of conservation and development for the community, provide for 103
cluster development, as defined in section 8-18, in residential zones. 104
Such regulations shall also encourage the development of housing 105
opportunities, including opportunities for multifamily dwellings, 106
consistent with soil types, terrain and infrastructure capacity, for all 107
residents of the municipality and the planning region in which the 108
municipality is located, as designated by the Secretary of the Office of 109
Policy and Management under section 16a-4a. Such regulations shall 110
also promote housing choice and economic diversity in housing, 111
including housing for both low and moderate income households, and 112
shall encourage the development of housing which will meet the 113
housing needs identified in the state's consolidated plan for housing 114
and community development prepared pursuant to section 8-37t and 115
in the housing component and the other components of the state plan 116 Raised Bill No. 7276
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of conservation and development prepared pursuant to section 16a-26. 117
Zoning regulations shall be made with reasonable consideration for 118
their impact on agriculture, as defined in subsection (q) of section 1-1. 119
Zoning regulations may be made with reasonable consideration for the 120
protection of historic factors and shall be made with reasonable 121
consideration for the protection of existing and potential public surface 122
and ground drinking water supplies. On and after July 1, 1985, the 123
regulations shall provide that proper provision be made for soil 124
erosion and sediment control pursuant to section 22a-329. Such 125
regulations may also encourage energy -efficient patterns of 126
development, the use of solar and other renewable forms of energy, 127
and energy conservation. The regulations may also provide for 128
incentives for developers who use passive solar energy techniques, as 129
defined in subsection (b) of section 8-25, in planning a residential 130
subdivision development. The incentives may include, but not be 131
limited to, cluster development, higher density development and 132
performance standards for roads, sidewalks and underground facilities 133
in the subdivision. Such regulations may provide for a municipal 134
system for the creation of development rights and the permanent 135
transfer of such development rights, which may include a system for 136
the variance of density limits in connection with any such transfer. 137
Such regulations may also provide for notice requirements in addition 138
to those required by this chapter. Such regulations may provide for 139
conditions on operations to collect spring water or well water, as 140
defined in section 21a-150, including the time, place and manner of 141
such operations. No such regulations shall prohibit the operation of 142
any family child care home or group child care home in a residential 143
zone, nor shall such regulations require any special permit or special 144
exception for such operation. No such regulations shall prohibit the 145
use of receptacles for the storage of items designated for recycling in 146
accordance with section 22a-241b or require that such receptacles 147
comply with provisions for bulk or lot area, or similar provisions, 148
except provisions for side yards, rear yards and front yards. No such 149
regulations shall unreasonably restrict access to or the size of such 150
receptacles for businesses, given the nature of the business and the 151 Raised Bill No. 7276
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volume of items designated for recycling in accordance with section 152
22a-241b, that such business produces in its normal course of business, 153
provided nothing in this section shall be construed to prohibit such 154
regulations from requiring the screening or buffering of such 155
receptacles for aesthetic reasons. Such regulations shall not impose 156
conditions and requirements on manufactured homes having as their 157
narrowest dimension twenty-two feet or more and built in accordance 158
with federal manufactured home construction and safety standards or 159
on lots containing such manufactured homes which are substantially 160
different from conditions and requirements imposed on single-family 161
dwellings and lots containing single-family dwellings. Such 162
regulations shall not impose conditions and requirements on 163
developments to be occupied by manufactured homes having as their 164
narrowest dimension twenty-two feet or more and built in accordance 165
with federal manufactured home construction and safety standards 166
which are substantially different from conditions and requirements 167
imposed on multifamily dwellings, lots containing multifamily 168
dwellings, cluster developments or planned unit developments. Such 169
regulations shall not prohibit the continuance of any nonconforming 170
use, building or structure existing at the time of the adoption of such 171
regulations or require a special permit or special exception for any 172
such continuance. Such regulations shall not provide for the 173
termination of any nonconforming use solely as a result of nonuse for a 174
specified period of time without regard to the intent of the property 175
owner to maintain that use. Such regulations shall not terminate or 176
deem abandoned a nonconforming use, building or structure unless 177
the property owner of such use, building or structure voluntarily 178
discontinues such use, building or structure and such discontinuance 179
is accompanied by an intent to not reestablish such use, building or 180
structure. The demolition or deconstruction of a nonconforming use, 181
building or structure shall not by itself be evidence of such property 182
owner's intent to not reestablish such use, building or structure. Unless 183
such town opts out, in accordance with the provisions of subsection (j) 184
of section 8-1bb, such regulations shall not prohibit the installation of 185
temporary health care structures for use by mentally or physically 186 Raised Bill No. 7276
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impaired persons in accordance with the provisions of section 8-1bb if 187
such structures comply with the provisions of said section. Any city, 188
town or borough which adopts the provisions of this chapter may, by 189
vote of its legislative body, exempt municipal property from the 190
regulations prescribed by the zoning commission of such city, town or 191
borough; but unless it is so voted municipal property shall be subject 192
to such regulations. 193
Sec. 4. Section 47a-4 of the general statutes is repealed and the 194
following is substituted in lieu thereof (Effective October 1, 2019): 195
(a) A rental agreement shall not provide that the tenant: (1) Agrees 196
to waive or forfeit rights or remedies under this chapter and sections 197
47a-21, as amended by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 198
47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 199
47a-46, or under any section of the general statutes or any municipal 200
ordinance unless such section or ordinance expressly states that such 201
rights may be waived; (2) authorizes the landlord to confess judgment 202
on a claim arising out of the rental agreement; (3) agrees to the 203
exculpation or limitation of any liability of the landlord arising under 204
law or to indemnify the landlord for that liability or the costs 205
connected therewith; (4) agrees to waive his right to the interest on the 206
security deposit pursuant to section 47a-21, as amended by this act; (5) 207
agrees to permit the landlord to dispossess him without resort to court 208
order; (6) consents to the distraint of his property for rent; (7) agrees to 209
pay the landlord's attorney's fees in excess of fifteen per cent of any 210
judgment against the tenant in any action in which money damages 211
are awarded; (8) agrees to pay a late charge prior to the expiration of 212
the grace period set forth in section 47a-15a or to pay rent in a reduced 213
amount if such rent is paid prior to the expiration of such grace period; 214
[or] (9) agrees to pay a heat or utilities surcharge if heat or utilities is 215
included in the rental agreement; or (10) is prohibited from operating a 216
licensed family child care home or group child care home, as those 217
terms are described in section 19a-77, or otherwise restricted in any 218
operation of such a home. 219 Raised Bill No. 7276
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(b) A provision prohibited by subsection (a) of this section included 220
in a rental agreement is unenforceable. 221
Sec. 5. Subsection (c) of section 47-70 of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective 223
October 1, 2019): 224
(c) The declaration may include such covenants and restrictions 225
concerning the use, occupancy and transfer of units as are permitted 226
by law with reference to real property, [; provided, however, that] (1) 227
provided the rule against perpetuities and the rule restricting 228
unreasonable restraints on alienation shall not be applied to defeat any 229
rights given by the condominium instruments or by this chapter, and 230
(2) except that the declaration may not include any prohibition on the 231
operation of a licensed family child care home or group child care 232
home, as those terms are described in section 19a-77, or any restriction 233
on any operation of such a home. 234
Sec. 6. Subsection (b) of section 47-224 of the general statutes is 235
repealed and the following is substituted in lieu thereof (Effective 236
October 1, 2019): 237
(b) The declaration may contain any other matters not inconsistent 238
with this chapter that the declarant considers appropriate, including 239
any restrictions on the uses of a unit or the number or other 240
qualifications of persons who may occupy units, except that the 241
declaration may not contain any prohibition on the operation of a 242
licensed family child care home or group child care home, as those 243
terms are described in section 19a-77, or any restriction on any 244
operation of such a home. 245
Sec. 7. Subsection (b) of section 47a-21 of the general statutes is 246
repealed and the following is substituted in lieu thereof (Effective 247
October 1, 2019): 248
(b) (1) In the case of a tenant under sixty-two years of age, a 249
landlord shall not demand a security deposit in an amount that 250 Raised Bill No. 7276
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exceeds two months' rent. 251
(2) In the case of a tenant sixty-two years of age or older, a landlord 252
shall not demand a security deposit in an amount that exceeds one 253
month's rent. Any landlord who has received a security deposit in an 254
amount that exceeds one month's rent from a tenant who becomes 255
sixty-two years of age after paying such security deposit shall return 256
the portion of such security deposit that exceeds one month's rent to 257
the tenant upon the tenant's request. 258
(3) Notwithstanding the provisions of subdivisions (1) and (2) of 259
this subsection, in the case of a tenant who operates a licensed family 260
child care home or group child care home, as those terms are described 261
in section 19a-77, a landlord may demand a security deposit in an 262
amount that exceeds two months' rent. 263
Sec. 8. (NEW) (Effective October 1, 2019) In any renter's or 264
homeowners insurance policy issued or renewed on or after October 1, 265
2019, which policy provides coverage for the operator of a licensed 266
child care home or group child care home, as those terms are described 267
in section 19a-77 of the general statutes, such operator may name such 268
operator's landlord, as defined in section 47a-1 of the general statutes, 269
association of unit owners for a condominium, as those terms are 270
defined in section 47-68a of the general statutes, or unit owners' 271
association of a common interest community, as those terms are 272
defined in section 47-202 of the general statutes, as applicable, as an 273
additional insured on such policy. 274
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 47a-21(b) Raised Bill No. 7276
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Sec. 8 October 1, 2019 New section
Statement of Purpose:
To (1) protect licensed group child care homes and family child care
homes from certain zoning regulations, (2) require the Office of Early
Childhood to inspect group child care homes for evident sources of
lead poisoning prior to issuing a license for such home, (3) prohibit
landlords and homeowners associations from imposing certain
restrictions on the operation of licensed group child care homes and
family child care homes, and (4) provide for certain protections of such
landlords and homeowners associations with regard to tenants and
owners operating such homes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]