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General Assembly Raised Bill No. 5121
February Session, 2020
LCO No. 848
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING CE RTAIN PROTECTIONS FO R GROUP 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 Section 8-3j of the general statutes is repealed and the 1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, 2020): 2
(a) No zoning regulation shall treat any family child care home 3
[registered] or group child care home, licensed by the Office of Early 4
Childhood pursuant to [section 17b-733] chapter 368a, in a manner 5
different from single or multifamily dwellings. 6
(b) Not later than December 1, 2020, and annually thereafter, each 7
municipality shall submit to the Office of Policy and Management a 8
sworn statement from the chief planning official of the municipality 9
stating (1) that the municipality's zoning ordinance is in compliance 10
with (A) subsection (a) of this section, and (B) the provision relating to 11
family child care homes and group child care homes in subsection (d) of 12
section 8-2, as amended by this act, or (2) the specific time frame within 13
which the municipality will bring its zoning ordinance into compliance 14
with subsection (a) of this section and subsection (d) of section 8-2, as 15 Raised Bill No. 5121
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amended by this act. 16
Sec. 2. Section 8-2 of the general statutes is repealed and the following 17
is substituted in lieu thereof (Effective October 1, 2020): 18
(a) (1) The zoning commission of each city, town or borough is 19
authorized to regulate, within the limits of such municipality: [, the] (A) 20
The height, number of stories and size of buildings and other structures; 21
(B) the percentage of the area of the lot that may be occupied; (C) the 22
size of yards, courts and other open spaces; (D) the density of 23
population and the location and use of buildings, structures and land 24
for trade, industry, residence or other purposes, including water-25
dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 26
location, brightness and illumination of advertising signs and 27
billboards. Such bulk regulations may allow for cluster development, as 28
defined in section 8-18. 29
(2) Such zoning commission may divide the municipality into 30
districts of such number, shape and area as may be best suited to carry 31
out the purposes of this chapter; and, within such districts, it may 32
regulate the erection, construction, reconstruction, alteration or use of 33
buildings or structures and the use of land. All such regulations shall be 34
uniform for each class or kind of buildings, structures or use of land 35
throughout each district, but the regulations in one district may differ 36
from those in another district. [, and] 37
(3) Such zoning regulations may, except as otherwise specified in this 38
section, provide that certain classes or kinds of buildings, structures or 39
uses of land are permitted only after obtaining a special permit or 40
special exception from a zoning commission, planning commission, 41
combined planning and zoning commission or zoning board of appeals, 42
whichever commission or board the regulations may, notwithstanding 43
any special act to the contrary, designate, subject to standards set forth 44
in the regulations and to conditions necessary to protect the public 45
health, safety, convenience and property values. [Such] 46
(b) Zoning regulations adopted pursuant to subsection (a) of this 47 Raised Bill No. 5121
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section shall: [be] 48
(1) Be made in accordance with a comprehensive plan and [in 49
adopting such regulations the commission shall consider] with 50
consideration of the plan of conservation and development [prepared] 51
adopted under section 8-23; [. Such regulations shall be] 52
(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 53
safety from fire, panic, flood and other dangers; [to] (C) promote health 54
and the general welfare; [to] (D) provide adequate light and air; [to] (E) 55
prevent the overcrowding of land; [to] (F) avoid undue concentration of 56
population; and [to] (G) facilitate the adequate provision for 57
transportation, water, sewerage, schools, parks and other public 58
requirements; [. Such regulations shall be] 59
(3) Be made with reasonable consideration as to the character of the 60
district and its peculiar suitability for particular uses and with a view to 61
conserving the value of buildings and encouraging the most appropriate 62
use of land throughout such municipality; [. Such regulations may, to 63
the extent consistent with soil types, terrain, infrastructure capacity and 64
the plan of conservation and development for the community, provide 65
for cluster development, as defined in section 8-18, in residential zones. 66
Such regulations shall also encourage] 67
(4) Encourage the development of housing opportunities, including 68
opportunities for multifamily dwellings, consistent with soil types, 69
terrain and infrastructure capacity, for all residents of the municipality 70
and the planning region in which the municipality is located, as 71
designated by the Secretary of the Office of Policy and Management 72
under section 16a-4a; [. Such regulations shall also promote] 73
(5) Promote housing choice and economic diversity in housing, 74
including housing for both low and moderate income households; [, and 75
shall encourage] 76
(6) Encourage the development of housing which will meet the 77
housing needs identified in the state's consolidated plan for housing and 78 Raised Bill No. 5121
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community development prepared pursuant to section 8-37t and in the 79
housing component and the other components of the state plan of 80
conservation and development prepared pursuant to section 16a-26; [. 81
Zoning regulations shall be made] 82
(7) Be made with reasonable consideration for their impact on 83
agriculture, as defined in subsection (q) of section 1-1; [.] 84
(8) Be made with reasonable consideration for the protection of 85
existing and potential public surface and ground drinking water 86
supplies; and 87
(9) Provide that proper provision be made for soil erosion and 88
sediment control pursuant to section 22a-329. 89
(c) Zoning regulations adopted pursuant to subsection (a) of this 90
section may: [be] 91
(1) To the extent consistent with soil types, terrain, infrastructure 92
capacity and the plan of conservation and development for the 93
community, provide for cluster development, as defined in section 8-18, 94
in residential zones; 95
(2) Be made with reasonable consideration for the protection of 96
historic factors; [and shall be made with reasonable consideration for 97
the protection of existing and potential public surface and ground 98
drinking water supplies. On and after July 1, 1985, the regulations shall 99
provide that proper provision be made for soil erosion and sediment 100
control pursuant to section 22a-329. Such regulations may also 101
encourage] 102
(3) Encourage energy-efficient patterns of development, the use of 103
solar and other renewable forms of energy, and energy conservation; [. 104
The regulations may also provide] 105
(4) Provide for incentives for developers who use passive solar 106
energy techniques, as defined in subsection (b) of section 8-25, in 107
planning a residential subdivision development [. The incentives may 108 Raised Bill No. 5121
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include, but not be] including, but not limited to, cluster development, 109
higher density development and performance standards for roads, 110
sidewalks and underground facilities in the subdivision; [. Such 111
regulations may provide] 112
(5) Provide for a municipal system for the creation of development 113
rights and the permanent transfer of such development rights, which 114
may include a system for the variance of density limits in connection 115
with any such transfer; [. Such regulations may also provide] 116
(6) Provide for notice requirements in addition to those required by 117
this chapter; [. Such regulations may provide] and 118
(7) Provide for conditions on operations to collect spring water or 119
well water, as defined in section 21a-150, including the time, place and 120
manner of such operations. [No such regulations shall prohibit] 121
(d) Zoning regulations adopted pursuant to subsection (a) of this 122
section shall not: 123
(1) (A) Prohibit the operation of any family child care home or group 124
child care home in a residential zone, or (B) require any special zoning 125
permit or special zoning exception for such operation; [. No such 126
regulations shall prohibit] 127
(2) (A) Prohibit the use of receptacles for the storage of items 128
designated for recycling in accordance with section 22a-241b or require 129
that such receptacles comply with provisions for bulk or lot area, or 130
similar provisions, except provisions for side yards, rear yards and front 131
yards, [. No such regulations shall] or (B) unreasonably restrict access to 132
or the size of such receptacles for businesses, given the nature of the 133
business and the volume of items designated for recycling in accordance 134
with section 22a-241b, that such business produces in its normal course 135
of business, provided nothing in this section shall be construed to 136
prohibit such regulations from requiring the screening or buffering of 137
such receptacles for aesthetic reasons; [. Such regulations shall not 138
impose] 139 Raised Bill No. 5121
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(3) Impose conditions and requirements on (A) manufactured homes 140
having as their narrowest dimension twenty-two feet or more and built 141
in accordance with federal manufactured home construction and safety 142
standards or on lots containing such manufactured homes which are 143
substantially different from conditions and requirements imposed on 144
single-family dwellings and lots containing single-family dwellings, [. 145
Such regulations shall not impose conditions and requirements on] or 146
(B) developments to be occupied by manufactured homes having as 147
their narrowest dimension twenty-two feet or more and built in 148
accordance with federal manufactured home construction and safety 149
standards which are substantially different from conditions and 150
requirements imposed on multifamily dwellings, lots containing 151
multifamily dwellings, cluster developments or planned unit 152
developments; [. Such regulations shall not prohibit] 153
(4) (A) Prohibit the continuance of any nonconforming use, building 154
or structure existing at the time of the adoption of such regulations or 155
require a special permit or special exception for any such continuance, 156
[. Such regulations shall not] (B) provide for the termination of any 157
nonconforming use solely as a result of nonuse for a specified period of 158
time without regard to the intent of the property owner to maintain that 159
use, [. Such regulations shall not] or (C) terminate or deem abandoned 160
a nonconforming use, building or structure unless the property owner 161
of such use, building or structure voluntarily discontinues such use, 162
building or structure and such discontinuance is accompanied by an 163
intent to not reestablish such use, building or structure. The demolition 164
or deconstruction of a nonconforming use, building or structure shall 165
not by itself be evidence of such property owner's intent to not 166
reestablish such use, building or structure; [. Unless such town opts out, 167
in accordance with the provisions of subsection (j) of section 8-1bb, such 168
regulations shall not prohibit] 169
(5) Prohibit the installation of temporary health care structures for 170
use by mentally or physically impaired persons [in accordance with the 171
provisions of section 8-1bb if such structures comply with the provisions 172
of said section] pursuant to section 8-1bb, as amended by this act, unless 173 Raised Bill No. 5121
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the municipality opts out in accordance with the provisions of 174
subsection (j) of section 8-1bb, as amended by this act. 175
(e) Any city, town or borough which adopts the provisions of this 176
chapter may, by vote of its legislative body, exempt municipal property 177
from the regulations prescribed by the zoning commission of such city, 178
town or borough; but unless it is so voted municipal property shall be 179
subject to such regulations. 180
[(b)] (f) In any municipality that is contiguous to Long Island Sound 181
the regulations adopted under this section shall be made with 182
reasonable consideration for restoration and protection of the ecosystem 183
and habitat of Long Island Sound and shall be designed to reduce 184
hypoxia, pathogens, toxic contaminants and floatable debris in Long 185
Island Sound. Such regulations shall provide that the commission 186
consider the environmental impact on Long Island Sound of any 187
proposal for development. 188
[(c)] (g) In any municipality where a traprock ridge, as defined in 189
section 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is 190
located the regulations may provide for development restrictions in 191
ridgeline setback areas, as defined in said section. The regulations may 192
restrict quarrying and clear cutting, except that the following operations 193
and uses shall be permitted in ridgeline setback areas, as of right: (1) 194
Emergency work necessary to protect life and property; (2) any 195
nonconforming uses that were in existence and that were approved on 196
or before the effective date of regulations adopted under this section; 197
and (3) selective timbering, grazing of domesticated animals and 198
passive recreation. 199
[(d)] (h) Any advertising sign or billboard that is not equipped with 200
the ability to calibrate brightness or illumination shall be exempt from 201
any municipal ordinance or regulation regulating such brightness or 202
illumination that is adopted by a city, town or borough after the date of 203
installation of such advertising sign or billboard pursuant to subsection 204
(a) of this section. 205 Raised Bill No. 5121
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Sec. 3. Subsection (b) of section 19a-80 of the general statutes is 206
repealed and the following is substituted in lieu thereof (Effective October 207
1, 2020): 208
(b) (1) Upon receipt of an application for a license, the commissioner 209
shall issue such license if, upon inspection and investigation, said 210
commissioner finds that the applicant, the facilities and the program 211
meet the health, educational and social needs of children likely to attend 212
the child care center or group child care home and comply with 213
requirements established by regulations adopted under this section and 214
sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, 215
inclusive. Any such inspection of a group child care home under this 216
subsection shall include an inspection for evident sources of lead 217
poisoning, and shall provide for a chemical analysis of any paint chips 218
found on such premises. The commissioner shall offer an expedited 219
application review process for an application submitted by a municipal 220
agency or department. A currently licensed person or entity, as 221
described in subsection (a) of this section, seeking a change of operator, 222
ownership or location shall file a new license application, except such 223
person or entity may request the commissioner to waive the 224
requirement that a new license application be filed. The commissioner 225
may grant or deny such request. Each license shall be for a term of four 226
years, shall be nontransferable, and may be renewed upon receipt by the 227
commissioner of a renewal application and accompanying licensure fee. 228
The commissioner may suspend or revoke such license after notice and 229
an opportunity for a hearing as provided in section 19a-84 for violation 230
of the regulations adopted under this section and sections 19a-77 to 19a-231
79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. In the case of an 232
application for renewal of a license that has expired, the commissioner 233
may renew such expired license within thirty days of the date of such 234
expiration upon receipt of a renewal application and accompanying 235
licensure fee. 236
(2) The commissioner shall collect from the licensee of a child care 237
center a fee of five hundred dollars prior to issuing or renewing a license 238
for a term of four years. The commissioner shall collect from the licensee 239 Raised Bill No. 5121
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of a group child care home a fee of two hundred fifty dollars prior to 240
issuing or renewing a license for a term of four years. The commissioner 241
shall require only one license for a child care center operated in two or 242
more buildings, provided the same licensee provides child care services 243
in each building and the buildings are joined together by a contiguous 244
playground that is part of the licensed space. 245
(3) The commissioner, or the commissioner's designee, shall make an 246
unannounced visit, inspection or investigation of each licensed child 247
care center and group child care home at least once each year. At least 248
once every two years, the local health director, or the local health 249
director's designee, shall make an inspection of each licensed child care 250
center and group child care home. 251
(4) A municipality may not subject the operation of a licensed group 252
child care home to any conditions, other than those imposed by the 253
commissioner pursuant to this subsection, if the group child care home 254
complies with all local codes and ordinances applicable to single and 255
multifamily dwellings. 256
Sec. 4. Section 47a-4 of the general statutes is repealed and the 257
following is substituted in lieu thereof (Effective October 1, 2020): 258
(a) A rental agreement shall not provide that the tenant: (1) Agrees to 259
waive or forfeit rights or remedies under this chapter and sections 47a-260
21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 261
47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 262
the general statutes or any municipal ordinance unless such section or 263
ordinance expressly states that such rights may be waived; (2) 264
authorizes the landlord to confess judgment on a claim arising out of the 265
rental agreement; (3) agrees to the exculpation or limitation of any 266
liability of the landlord arising under law or to indemnify the landlord 267
for that liability or the costs connected therewith; (4) agrees to waive his 268
right to the interest on the security deposit pursuant to section 47a-21; 269
(5) agrees to permit the landlord to dispossess him without resort to 270
court order; (6) consents to the distraint of his property for rent; (7) 271 Raised Bill No. 5121
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agrees to pay the landlord's attorney's fees in excess of fifteen per cent 272
of any judgment against the tenant in any action in which money 273
damages are awarded; (8) agrees to pay a late charge prior to the 274
expiration of the grace period set forth in section 47a-15a or to pay rent 275
in a reduced amount if such rent is paid prior to the expiration of such 276
grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat or 277
utilities is included in the rental agreement; or (10) is prohibited from 278
operating a licensed family child care home, as described in section 19a-279
77, or is otherwise restricted in the operation of such family child care 280
home. 281
(b) A provision prohibited by subsection (a) of this section included 282
in a rental agreement is unenforceable. 283
Sec. 5. (NEW) (Effective October 1, 2020) In any renter's or 284
homeowner's insurance policy providing coverage for the operator of a 285
licensed family child care home or group child care home, such operator 286
may name such operator's landlord, association of unit owners for a 287
condominium or unit owners' association of a common interest 288
community, as applicable, as an additional insured on such policy. For 289
the purposes of this section, "family child care home" and "group child 290
care home" have the same descriptions as provided in section 19a-77 of 291
the general statutes, "landlord" has the same meaning as provided in 292
section 47a-1 of the general statutes, "condominium" and "association of 293
unit owners" have the same meanings as provided in section 47-68a of 294
the general statutes, and "unit owners' association" and "common 295
interest community" have the same meanings as provided in section 47-296
202 of the general statutes. 297
Sec. 6. Subsection (j) of section 8-1bb of the general statutes is repealed 298
and the following is substituted in lieu thereof (Effective October 1, 2020): 299
(j) A municipality, by vote of its legislative body or, in a municipality 300
where the legislative body is a town meeting, by vote of the board of 301
selectmen, may opt out of the provisions of this section and the 302
provision of subsection [(a)] (d) of section 8-2, as amended by this act, 303 Raised Bill No. 5121
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regarding authorization for the installation of temporary health care 304
structures, provided the zoning commission or combined planning and 305
zoning commission of the municipality: (1) First holds a public hearing 306
in accordance with the provisions of section 8-7d on such proposed opt-307
out, (2) affirmatively decides to opt out of the provisions of said sections 308
within the period of time permitted under section 8-7d, (3) states upon 309
its records the reasons for such decision, and (4) publishes notice of such 310
decision in a newspaper having a substantial circulation in the 311
municipality not later than fifteen days after such decision has been 312
rendered. 313
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 8-3j
Sec. 2 October 1, 2020 8-2
Sec. 3 October 1, 2020 19a-80(b)
Sec. 4 October 1, 2020 47a-4
Sec. 5 October 1, 2020 New section
Sec. 6 October 1, 2020 8-1bb(j)
Statement of Purpose:
To clarify and enforce protections for licensed group child care homes
and licensed family child care homes and prevent landlords and certain
homeowners associations from placing restrictions on the operation of
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.]