CHOBE DISTRICT COUNCIL (DAY CARE CENTRE) BYE-LAWS
(section 33)
(24th December, 2008)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Registration of day care centres
4. Registration licence to be displayed
5. Transfer of licence
6. Age of admission
7. Hours of operation
8. Premises of day care centres
9. Toilets
10. First aid requirements
11. Classroom equipment
12. Curriculum
13. Outdoor play areas
14. Kitchens
15. Staff
16. Pets
17. Smoking prohibited
18. Responsibilities of owner
19. Powers of entry
20. Penalties
Schedule
S.I. 110, 2008
These Bye-Laws may be cited as the Chobe District Council (Day Care Centre) Bye-Laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-Laws, unless the context otherwise requires
“Council” means the Chobe District Council;
“day care centre” means an institution for the care, education and supervision of children below the age of 6; and
“infectious disease” includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body and typhoid fever.
3. Registration of day care centres
(1) No person shall operate a day care centre without a registration licence issued by the Council, authorising such person to operate a day care centre.
(2) An application to operate a day care centre shall be made to the Council on Form 1 as set out in the Schedule.
(3) The Council may require the applicant to provide any such information as is necessary to determine the application for the day care centre license.
(4) Upon receipt of the application, the Council shall cause to be conducted such inspection as it may consider appropriate to ensure that the premises of the day care centre comply with the relevant health and building control standards.
(5) Where the Council is satisfied that the proposed day care centre meets all the requirements of these Bye-Laws, it may on payment of a fee of P150, register the day care centre and issue the applicant a registration license as set out in Form 2 of the Schedule.
(6) A registration licence shall be valid for a period of 12 months from the date of issue.
(7) An application to renew a registration license shall be made on Form 3 as set out in the Schedule and the registration license may be renewed on payment of P150.
4. Registration licence to be displayed
A registration licence shall be displayed in a conspicuous place in the principal office in the premises of the day care centre.
No person, to whom a licence has been issued may cede, transfer or lease the licence to another person.
A child who is above six years old shall not be enrolled at a day care centre.
A day care centre shall operate between 0700 hours and 1700 hours on week days unless otherwise authorised by the Council.
8. Premises of day care centres
(1) Subject to sub-bye-law (2), an occupied residential house or a garage shall not be used as a day care centre.
(2) An occupied residential house may, with the written approval of the Council, be used as a day care centre where the part for the day care centre can be adequately and satisfactorily partitioned or separated from the part used for residential purposes.
(3) The size of the rooms to be used as classrooms shall be directly related to the number of children permitted to use them at one time, so that for each child there shall be equivalent of 1,5 square metres space to occupy.
(4) A day care centre shall have a room, equipped with a bed which has a mattress and clean linen, in which a sick child can rest and be isolated for the day.
(5) Premises used for a day care centre shall be adequately and securely fenced in, and shall be adequately set back from busy roads.
(1) A day care centre shall be provided with separate toilets for staff and for children, which shall be well lit, well ventilated and have adequate running water.
(2) Toilets for children shall be provided with standard junior toilets and handwash basins, so that there shall be one toilet and one handwash basin for every 15 children.
(3) Storage facilities for towels, face cloths and personal belongings of staff shall be separate from those of children.
In a day care centre there shall be maintained, and readily accessible a first aid box or a cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins and a tourniquet.
(1) A day care centre shall, considering the number of children attending the day care centre, provide adequate supply of equipment suitable for use in the day care centre, such as reading material, picture books, blackboard, toys, paints, crayons, moulding clay, puzzles and beads.
(2) The Council may require and approve additional equipment not referred to in sub-bye-law (1).
The curriculum followed at a day care centre shall adhere to the standards set by the Ministry of Education and Skills Development.
(1) Outdoor play areas shall be adequate in size, providing a minimum area equivalent to not less than 1.5 square metres for each child attending the day care centre.
(2) Outdoor play areas should have a flat, generally dry surface, with adequate shade; and shall be provided with play equipment such as sand pits, swings, slides and climbing frames, which are to the satisfaction of the Council, and adequate for the number of children attending the day care centre.
(1) Where food is provided by a day care centre, there shall be available in the kitchen
(a) adequate hot and cold water;
(b) adequate storage space for food;
(c) adequate cutlery and crockery of a suitably hygienic type; and
(d) a detailed menu of food and provision of a detailed balanced diet.
(2) Where food is brought into a day care centre by the children, there shall be provided suitable facilities for the storage and refrigeration of the food.
(1) A day care centre shall have a minimum of two qualified teachers to supervise and look after the children at the centre.
(2) There shall always be at least one teacher on duty for every 30 children at the day care centre.
(3) Assistants may be employed to assist the qualified teachers to supervise and look after the children.
(4) All staff employed at a day care centre shall
(a) be medically examined, including being X-rayed, before taking up employment, and thereafter at six monthly intervals; and
(b) at all times wear clean uniforms or clothing.
Pets shall not be permitted within the day care centre without the written permission of the Council.
(1) Smoking is prohibited within the premises of a day care centre.
(2) A notice shall be displayed in a conspicuous place at the entrance of the day care centre, on which it shall be written in English and Setswana, words to the effect that smoking is prohibited within the premises of the day care centre.
(3) A person who contravenes the provisions of sub-bye-law (1) commits an offence and is liable to a fine of P200, or to imprisonment for a term of three months, or to both, upon conviction.
(1) The owner of a day care centre shall ensure that any child or member of staff suffering from, or suspected to be suffering from an infectious disease is immediately isolated from contact with other children or staff members.
(2) The owner of a day care centre shall ensure that at all times high standard of maintenance and cleanliness is established within the day care centre.
(1) An officer of the Council so authorised in writing by the Council Secretary may at any reasonable time enter a day care centre for the purpose of inspection, and to ensure compliance with these Bye-Laws.
(2) Where an officer of the Council who has inspected a day care centre reports in writing to the Council Secretary that the day care centre has contravened any provision of these Bye-Laws, such day care centre may be closed.
Any person who commits an offence under these Bye-Laws shall be liable, on conviction, to a fine not exceeding P500, and in default of payment thereof, to a term of imprisonment not exceeding two months, and for a second and subsequent conviction, to a fine not exceeding P1,000, or to imprisonment for a term not exceeding six months, or to both.
SCHEDULE
FORM 1
APPLICATION TO REGISTER A DAY CARE CENTRE
(bye-law 3(2))
|
(A) |
PARTICULARS OF THE APPLICANT |
|
1. |
Name of the Applicant: ………………………………………………………………………………… |
|
2. |
Postal Address of the Applicant: …………………………………………………………………. |
|
|
…………………………………………………………………………………………………………………….. |
|
3. |
Residential Address of the Applicant: ………………………………………………………… |
|
|
…………………………………………………………………………………………………………………….. |
|
|
…………………………………………………………………………………………………………………….. |
|
4. |
(i) Nationality of the Applicant: …………………………………………………………………….. |
|
|
(ii) Identity (Omang) : …………………………………………………………………………………… |
|
5. |
Where the Applicant is a non-citizen, residence permit number and date of expiry of the residence permit of the Applicant:………………………………………………………….. |
|
6. |
Where the Applicant is a company, the registration number of the company: |
|
|
…………………………………………………………………………………………………………………….. |
|
|
…………………………………………………………………………………………………………………….. |
|
(B) |
PROPOSED DAYCARE CENTRE |
|
1. |
Type of day care centre: (baby care, day care centre, nursery or preprimary) |
|
|
(Tick where applicable) |
|
2. |
Location of the day care centre: |
|
|
(a) Village/Town/Township: ………………………………………………………………. |
|
|
(b) Ward/Suburb: ……………………………………………………………….. |
|
|
(Please attach a copy of the sketch map showing the location of the school in relation to main routes or busy roads) |
|
3. |
Premises: |
|
|
(a) Area of the school plot (m2″/>): ……………………………………………………. |
|
|
(b) Number of classrooms or rooms: ……………………………………………………. |
|
|
(c) Number of children per classroom: ……………………………………………………. |
|
|
(d) Number of toilets for children: ……………………………………………………. |
|
|
(e) Number of toilets for staff: …………………………………………………….. |
|
|
(Attach a list of all equipments at the school) |
|
4. |
Staff: |
|
|
(a) Number of teachers: ……………………………………………………. |
|
|
(b) Number of assistant teachers: …………………………………………………… |
|
|
(c) Number of support staff: …………………………………………………… |
|
|
(d) Buildings inspection report: ………………………………………………….. |
|
|
……………………………………………………………………………………………………………… |
|
|
……………………………………………………………………………………………………………… |
|
|
*(Please attach the following documents to the application) : |
|
|
(a) Zoning approval or land use permit |
|
|
(b) Fire inspection report |
|
|
(c) Environmental health report |
|
|
(d) Certificate of incorporation where the applicant is a company |
|
|
(e) Qualifications and experience of teachers |
|
|
I, the undersigned state that the information given in this application is to the best of my knowledge true and accurate. |
|
|
………………………………………….. …………………………………. |
|
FOR OFFICIAL USE ONLY |
|
The Education, Health and Social Services Committee of the Chobe District Council, |
|
having studied the foregoing application: |
|
(a) is of the opinion that the proposed…………………………………………………………. meet the requirements as provided by these Bye-Laws. |
|
(b) does not recommend registration of the day care centre for the following reasons: |
|
………………………………………………………………………………………………………………………………. |
|
………………………………………………………………………………………………………………………………. |
|
………………………………………………………………………………………………………………………………. |
|
………………………………………….. ………………………………………… |
|
……………………………………………… |
FORM 2
REGISTRATION LICENCE
(bye-law 3(5))
(Not Transferable)
|
License No.: ………………………………………………………………………….. |
|
(Name) ……………………………………………………………… is hereby licensed in accordance with bye-law 3(5) of the Chobe District Council (Day Care Centre) Bye-Laws to operate a day care centre/baby care centre/nursery/pre-primary school (tick where applicable) known as ………………………….. at (village and ward) ……………………………………………………………………. |
|
Conditions (if any) applicable: ………………………………………………………………………………… |
|
This permit expires on the ………………………………………………………………………………………. |
|
Date of issue: ……………………………. Fee paid: ………………………… |
|
……………………………………………… |
FORM 3
RENEWAL APPLICATION
(bye-law 3(7))
|
Particulars of the Applicant: |
|
1. Name: ……………………………………………………………………………………………………… |
|
2. Address: …………………………………………………………………………………………………….. |
|
3. Nationality: ……………………………………………………………………………………………………. |
|
4. Where the Applicant is a non-citizen, residence permit number and date of expiry of the residence permit of the Applicant: ………………………………………………………………. |
|
5. Where the Applicant is a company, the registration number of the company: |
|
………………………………………………………………………………………………………………………. |
|
I, the undersigned state that the information given in this application is to the best of my knowledge true and accurate. |
|
………………………………………….. …………………………………………. |
|
FOR OFFICIAL USE ONLY |
|
Having considered the application for the renewal of a day care centre licence of: |
|
……………………………………………………………………………………………………………………………….. |
|
dated …………………………………… Licence No. …………………………………………………… |
|
is hereby renewed in accordance with bye-law 3(7) of these Bye-Laws. |
|
Conditions (if any applicable) : ……………………………………………………………………. |
|
……………………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………………….. |
|
This permit expires on ………………………………………………………………………………………. |
|
Date of renewal …………………………… Fee paid …………………………………. |
|
……………………………………………… |