REPORT TITLE:
Family Child Care


DESCRIPTION:
Includes condominiums, apartments, and townhouses as types of
residences eligible to be used as child care homes; clarifies
duties and rights between child care home and association of
apartment owners. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        513
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FAMILY CHILD CARE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§663-    Liability for operation of a family child care
 
 5 home.  (a)  No association of apartment owners shall prohibit the
 
 6 operation of a family child care home that complies with
 
 7 subsection (b) by an owner-occupant in a condominium, apartment,
 
 8 or townhouse; provided that at least one unit but not more than
 
 9 three per cent of the total number of units, rounded off to the
 
10 next whole number in the case of a fraction, in any condominium,
 
11 apartment, or townhouse complex shall be used as a family child
 
12 care home.
 
13      (b)  A family child care home under subsection (a) shall be
 
14 in compliance with the Equal Opportunity for Individuals With
 
15 Disabilities (Americans With Disabilities Act of 1990, Title 42,
 
16 United States Code section 12101, et seq., as amended); provided
 
17 that any improvements or remodeling made to the particular unit
 
18 of the family child care home or to the common elements in order
 

 
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 1 to comply with the Americans With Disabilities Act, shall be made
 
 2 and paid for by the operator of the family child care home.
 
 3      If the American with Disabilities Act requires that
 
 4 modifications or improvements be made to the common elements, the
 
 5 operator of the family child care home shall obtain the approval
 
 6 of the association of apartment owners to make the modifications
 
 7 or improvements before undertaking any construction.
 
 8      (c)  No association of apartment owners shall be liable for
 
 9 any claims or causes of actions for injury to a child being cared
 
10 for, or to any of the child's relatives, guardians, or caretakers
 
11 that occur within the family child care home or on the common
 
12 elements under subsection (a).
 
13      (d)  An association of apartment owners may require a family
 
14 child care home, as a condition precedent to operating a child
 
15 care business, to:
 
16      (1)  Indemnify, hold harmless, and defend the association of
 
17           apartment owners from all claims, including costs and
 
18           attorneys' fees, whether brought by an action or
 
19           administratively, relating to the operation of a family
 
20           child care home, including common elements that are
 
21           traversed by persons going to and from the family child
 
22           care home;
 
23      (2)  Reimburse the association of apartment owners for the
 

 
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 1           amount of any increase in insurance premiums incurred
 
 2           by the association in the association's liability
 
 3           insurance attributable by the insurer to the operation
 
 4           of the family child care home;
 
 5      (3)  Require the parent, guardian, and caretaker of the
 
 6           child being cared for in the family child care home to
 
 7           sign a waiver of liability against the association of
 
 8           apartment owners; and
 
 9      (4)  Obtain liability insurance to cover the family child
 
10           care home and the common elements that meets the
 
11           approval of the association of apartment owners and
 
12           that names the association of apartment owners as an
 
13           additional named insured, for liability claims arising
 
14           solely from the operation of the child care business;
 
15           provided that the policy limits shall be determined in
 
16           accordance with the declaration; and provided further
 
17           that the liability policy of the family child care home
 
18           shall be primary.
 
19      (e)  This section shall not apply to an association of
 
20 apartment owners that:
 
21      (1)  Allows a family child care home that is:
 
22           (A)  Not operated by an owner-occupant;
 
23           (B)  Above the fourth floor; or
 

 
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 1           (C)  Not in compliance with the Americans With
 
 2                Disabilities Act; or
 
 3      (2)  Allows more than three per cent of the total number of
 
 4           units subject to the association of apartment owners to
 
 5           be used as a family child care home.
 
 6      (f)  As used in this section:
 
 7      "Apartment" shall have the same meaning as in
 
 8 section 514A-3.
 
 9      "Association of apartment owners" shall have the same
 
10 meaning as in section 514A-3, and includes a homeowners
 
11 association.
 
12      "Common elements" shall have the same meaning as in section
 
13 514A-3.
 
14      "Condominium" shall have the same meaning as in section
 
15 514A-3.
 
16      "Declaration" shall have the same meaning as in section
 
17 514A-3.
 
18      "Family child care home" shall have the same meaning as in
 
19 sections 46-15.35, 501-231, and 502-111.
 
20      "Townhouse" shall have the same meaning as in
 
21 section 196-2."
 
22      SECTION 2.  Section 46-15.35, Hawaii Revised Statutes, is
 
23 amended by amending subsection (b) to read as follows:
 

 
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 1      "(b)  For the purposes of this section, "family child care
 
 2 home" means a private residence, including a home, condominium,
 
 3 townhouse, or apartment, where six or fewer children are cared
 
 4 for."
 
 5      SECTION 3.  Section 501-231, Hawaii Revised Statutes, is
 
 6 amended by amending subsections (b) and (c) to read as follows:
 
 7      "(b)  This provision shall not apply to:
 
 8      (1)  Housing for older persons as defined by 42 United
 
 9           States Code section 3607(b)(2);
 
10      (2)  Limited-equity housing cooperatives created pursuant to
 
11           chapter 421H; or
 
12      (3)  Cooperative housing corporations created pursuant to
 
13           chapter 421I[;
 
14      (4)  Condominium property regimes created pursuant to
 
15           Chapter 514A; or
 
16      (5)  Townhouse projects that consist of a series of three or
 
17           more individual dwelling units having architectural
 
18           unity and a common wall between each adjacent unit and
 
19           in which the owners of the units are members of an
 
20           association which is responsible for common areas
 
21           available for use by the members of the association].
 
22      (c)  For the purposes of this section "family child care
 
23 home" means a private residence, including a home, condominium,
 

 
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 1 townhouse, or apartment, where six or fewer children are cared
 
 2 for."
 
 3      SECTION 4.  Section 502-111, Hawaii Revised Statutes, is
 
 4 amended by amending subsections (b) and (c) to read as follows:
 
 5      "(b)  This provision shall not apply to:
 
 6      (1)  Housing for older persons as defined by 42 United
 
 7           States Code section 3607(b)(2);
 
 8      (2)  Limited-equity housing cooperatives created pursuant to
 
 9           chapter 421H; or
 
10      (3)  Cooperative housing corporations created pursuant to
 
11           chapter 421I[;
 
12      (4)  Condominium property regimes created pursuant to
 
13           chapter 514A; or
 
14      (5)  Townhouse projects that consist of a series of three or
 
15           more individual dwelling units having architectural
 
16           unity and a common wall between each adjacent unit and
 
17           in which the owners of the units are members of an
 
18           association which is responsible for common areas
 
19           available for use by the members of the association].
 
20      (c)  For the purposes of the section, "family child care
 
21 home" means a private residence, including a home, condominium,
 
22 townhouse, or apartment, where six or fewer children are cared
 
23 for."
 

 
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 1      SECTION 5.  Section 1 of this Act shall apply to child care
 
 2 businesses, family child care homes, apartments, condominiums,
 
 3 and townhouses that are existing as of the effective date of this
 
 4 Act and to those that exist after the effective date of this Act.
 
 5      SECTION 6.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 7.  This Act shall take effect upon its approval.