HB 2328.E - DIGEST

(AS OF HOUSE 2ND READING 2/14/02)

     Declares that except as otherwise provided in this act, no county, city or town may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.

     Declares that this act may not be construed to prohibit a city or town from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded.  As used in this act, "family day-care provider" is as defined in RCW 74.15.020.

     Declares that, for purposes of determining whether the capacity of a child day-care center operated primarily for the children of parents who are employed on the premises has been reached, the department shall not count children of parents who are visiting the business, so long as the number of such children is no greater than five at any single point in time.