KWENENG DISTRICT COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION) BYE-LAWS
(under sections 44 and 45)
(31st October, 2014)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Registration of Centre
4. Validity of licence
5. Display of licence
6. Suspension and revocation of licence
7. Premises of a centre
8. Facilities to be maintained
9. First aid requirements and fire procedures
10. Animals to be restricted
11. Smoking Prohibited
12. Operation hours
13. Age of admission
14. Staff-child ratio
15. Responsibilities of the owners
16. Powers of entry
17. Closure of a centre
18. Offences and penalties
Forms
S.I. 129, 2014.
These Bye-laws may be cited as the Kweneng District Council (Early Childhood Care and Education) Bye-laws.
In these Bye laws, unless the context otherwise requires
“Authorised person” means an officer from the Departments of Social and Community Development, Bye Law, Physical Planning and Health;
“centre” means a place for the supervision during the day for young children below school age licensed under regulation 3(3);
“Council” means the Kweneng District Council; and
“communicable disease” includes diphtheria, cerebral spinal meningitis, whooping cough, measles, mumps, German measles (rubella) chicken pox, scabies, ringworm on scalp or body and typhoid fever.
(1) A person shall not operate a centre without prior approval and registration by the Council.
(2) A person who wishes to operate a centre shall make an application for a licence to the Council, in Form 1 set out in the Schedule, giving details of
(a) the premises intended to be used;
(b) the names and qualifications of all the teachers and other assistants to be employed at the centre; and
(c) any other information with regard to the proposed centre as the Council may require.
(3) The application under paragraph (2) shall be accompanied by a non refundable fee of P100.00.
(4) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-laws and any other relevant legislation, it may issue to the applicant a licence in accordance with Form 2 set out in the Schedule.
(1) A licence issued in terms of sub-bye-law (3) shall be valid for 12 months from the date of issue, but thereafter renewable from year to year, on payment of fee provided under sub-bye-law (2).
(2) A person wishing to renew a registration licence shall make an application 21 days before the expiry date, in Form 3 set out in the Schedule and, upon payment of a fee of P100.00 the Council may renew the licence and make an endorsement of conditions it considers necessary.
A licence holder shall conspicuously display the licence on the wall of the principal’s office of the centre.
6. Suspension and revocation of licence
(1) A council may
(a) suspend a licence issued under bye-law 3 where
(i) any of the conditions of the licence are not being adhered to,
(ii) a centre has failed to comply with the Bye-laws, or
(iii) an authorised officer, after conducting an inspection, has recommended a suspension of the licence due to a failure of the centre to comply with the relevant health standards; or
(b) revoke a licence issued under bye-law 3 where
(i) a centre has failed to comply with the Bye-laws,
(ii) an authorised officer, after conducting an inspection, has recommended a revocation of the licence, or
(iii) a centre has provided false information at the time of application of a licence.
(2) Any suspension or revocation done under this bye-law shall be published by a notice in the Gazette, and two newspapers in circulation in Botswana.
The Council shall not issue a licence to an applicant where the proposed premises are in a residential area:
Provided that the Council may with a written approval, permit an occupied residential house to be used as a centre.
8. Facilities to be maintained
(1) Premises used as a centre shall
(a) be walled or fenced;
(b) be set back at least 25 metres from busy roads;
(c) be constructed in accordance with and from material permitted by the appropriate building regulations;
(d) have floors that are smooth and are either tiled or carpeted;
(e) be adequately lit and ventilated in every classroom, and
(f) be able to meet the needs of children with special educational needs.
(2) The size of rooms to be used as classrooms for a centre shall directly relate to the number of children permitted to use them so that for each child there shall be 1.5 square metres of floor space.
(3) In every centre there shall be a room equipped with a bed with mattress and clean bed linen, in which a sick child can rest and be isolated.
(4) The outdoor play areas shall
(a) provide a minimum area of not less than 2 square metres for each child attending the centre and, shall have a flat generally dry surface, with adequate shade;
(b) be provided with play equipment such as sand pits, swings, slides and climbing frames to the satisfaction of the Council and adequate for the number of children attending at the centre; and
(c) be free from sharp objects or any discarded material, equipment, or any other objects that may pose a danger to the children.
(5) A centre shall have separate toilets for staff and for children which toilets shall be well lit and well ventilated and have running water.
(6) Toilets for children shall be
(a) separated according to gender; and
(b) installed with at least one standard junior toilet per 15 children, and with adjacent junior wash facilities.
(7) A centre shall have at least one general facility for washing clothes, blankets and towels and any other linen used in the centre.
(8) Storage facilities for towels, face cloths and personal belongings of staff shall be separate from similar facilities for children.
(9) A centre that provides food to the children shall have in the kitchen
(a) adequate hot and cold water;
(b) adequate and clean storage space for food;
(c) adequate cutlery and crockery;
(d) a detailed menu of a balanced diet accessible for inspection; and
(10) Where a centre operates for more than five and half hours, each child shall be provided with at least one cooked meal per day.
(11) Where food or formula is brought into a centre by the children, there shall be provided suitable and hygienic facilities for the storage and refrigeration of the food or formula.
(12) A centre shall provide to the satisfaction of the Council furniture appropriate to the age of the children and other equipment suitable for use in the centre including adequate supply of reading materials, picture books, blackboards, and toys for use by the children enrolled in the centre.
(13) The Council may require or approve additional or alternative equipment to that referred to in sub-bye-law (11).
(14) A centre shall not be relocated without approval of the Council.
9. First aid requirements and fire procedures
(1) A centre shall be maintained and have readily accessible first aid box containing adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins and tourniquet.
(2) A centre shall have one staff member who is trained in first aid.
(3) A centre shall have a fire assembly point.
(4) A centre shall maintain, and make readily accessible at all times, a portable fire extinguisher.
Animals, whether pets or otherwise, shall not be brought within any area used for the purposes of a centre, without the written permission of the Council.
A person shall not smoke a cigarette or any form of tobacco anywhere within the area of a centre and a notice to this effect shall be displayed prominently at the entrance to the centre.
A centre shall not operate
(a) on Saturday, Sunday or public holiday; or
(b) outside the hours between 7.00 am and 6.00 p.m.
(1) A centre shall not admit a child who is older than six years of age.
(2) A centre shall obtain written permission from the council where a child who is to be admitted is over the age of six years.
(1) A centre shall have a maximum of
(a) 25 children aged between two and a half and four years old per classroom;
(b) 30 children aged between four and six years old per classroom; and
(c) 10 babies aged between six weeks and two and a half years per room.
(2) A centre shall have a minimum of
(a) one qualified teacher per class; and
(b) one care giver per 10 babies.
(3) A centre shall employ assistants to assist qualified teachers to supervise and look after children at the centre.
(4) All staff employed at a centre shall at all times while on duty wear clean uniforms or clothing.
(5) A centre shall ensure that a person eligible for employment at the centre undergo medical examinations before being employed.
15. Responsibilities of the owners
(1) The owner of a centre shall ensure that at all times a high standard of maintenance and cleanliness is maintained within the centre.
(2) The owner of a centre shall ensure that any child or member of staff suffering from or suspected to be suffering from a communicable disease is immediately isolated from contact with other children or staff members.
(3) The owner of a centre shall ensure that all children at a centre shall have a common resting period of not less than an hour each afternoon.
(4) The owner of a centre shall ensure that a record and register of children’s immunisation is well maintained.
(5) The owner of a centre shall not admit a child at a centre without proof of immunisation.
An authorised officer of the Council may at any reasonable time enter a centre for the purpose of inspection and to ensure compliance with these Bye-laws.
The Council may require closure of any centre that fails to comply with any of the provisions of these Bye-laws.
A person who contravenes or does not comply with any of the provisions of these Bye-laws commits an offence and is liable to a fine not exceeding P1200.00 or to imprisonment for a term not exceeding two months or to both.
FORM 1
APPLICATION TO REGISTER AN EARLY CHILDHOOD CARE AND EDUCATION CENTRE
(reg. 3(2))
KWENENG DISTRICT COUNCIL
All Correspondence should be addressed to:
Council Secretary
| Telephone No. : 5920200
|
|
| Fax No.: 5920209
|
APPLICATION TO REGISTER AN EARLY CHILDHOOD CARE AND EDUCATION CENTRE
(A) Particulars of the Applicant:
1. Name of the Applicant
…………………………………………………………………………………………………………………………….
2. Postal Address of the Applicant
…………………………………………………………………………………………………………………………….
3. Residential Address of the Applicant
…………………………………………………………………………………………………………………………….
4. Nationality of the Applicant
…………………………………………………………………………………………………………………………….
5. Where the Applicant is a non-citizen, resident permit number and date of expiry of the resident permit of the Applicant
…………………………………………………………………………………………………………………………….
6. Where the Applicant is a company, the registration number of the company
…………………………………………………………………………………………………………………………….
(B) Particulars of proposed Centre:
1) TYPE OF CENTRE: Baby Care, Day Care Centre/Nursery or Pre- Primary School
(Tick where applicable)
2) LOCATION OF CENTRE:
A. Village
…………………………………………………………………………………………………………………………….
B. Ward
…………………………………………………………………………………………………………………………….
(Please attach a copy of a sketch map showing the location of the school in relation to main routes or busy roads).
3) PREMISES:
A. Area of school plot
…………………………………………………………………………………………………………………………….
B. Number of classrooms or rooms
…………………………………………………………………………………………………………………………….
C. Number of children per classroom
…………………………………………………………………………………………………………………………….
D. State the number of toilets for children and number of toilets for staff
…………………………………………………………………………………………………………………………….
(Also attach a list of all equipments at the school)
4) STAFF:
A. Number of teachers:
…………………………………………………………………………………………………………………………….
B. Qualifications and experience of the teachers:
…………………………………………………………………………………………………………………………….
C. Number of Assistant teachers:
…………………………………………………………………………………………………………………………….
D. Number of support staff:
…………………………………………………………………………………………………………………………….
* (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.
I, the undersigned state that the information given in this application is to the best of my knowledge true and accurate.
Applicant’s signature: …………………………………………………………..
Date: ………………………………………………………………………………….
FOR OFFICIAL USE ONLY
The Community Development and Social Welfare Committee of South East District Council, meeting at …………………………………………….on ……………………………………………… have studied the foregoing application.
A. The Community Development and Social Welfare Committee is of the opinion that the proposed ……………………………………………………………………………………….. meet the requirements as provided by the Bye-Laws.
B. The Community Development and Social Welfare Committee does not recommend registration of the Center for the following reasons:
…………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………….
Date: ………………………………………………………………………………….
Signed: ……………………………………………………………………………….
Chairperson: ……………………………………………………………………….
Council Secretary: ………………………………………………………………
FORM 2
LICENCE
(reg. 3(3))
KWENENG DISTRICT COUNCIL
All Correspondence should be addressed to:
Council Secretary
| Telephone No. : 5920200
|
|
| Fax No.: 5920209
|
LICENCE
(NOT TRANSFERABLE)
Licence No …………………………………………………………………………………………………………..
Name: ………………………………………………………………………… has been permitted in terms of the Kweneng District Council (Early Childhood and Education Centre) Bye-Laws 2014 to run a ………………………………………………………………………………………………………………….. known as ……………………………………………………………………………………………………………….. on Plot No ………………………………………………………………… Ward ……………………………………………………………………
Number of children approved on premises: …………………………………………………………………
Hours of Operation: From:………………………………………… To: ………………………………
This licence expires on 31st December:………………………………………………………………………
Date of issue: …………………………………………………………………………………………………………..
………………………………………….
LICENSING OFFICER
WAZHA TEMA,
Council Secretary.
FORM 3
RENEWAL OF AN EARLY CHILDHOOD CARE AND EDUCATION CENTRE LICENCE
(reg. 4(2))
KWENENG DISTRICT COUNCIL
All Correspondence should be addressed to:
Council Secretary
| Telephone No. : 5920200
|
|
| Fax No.: 5920209
|
RENEWAL OF AN EARLY CHILDHOOD CARE AND EDUCATION CENTRE LICENCE
(A) Particulars of the Applicant
1. Name of the Applicant
…………………………………………………………………………………………………………………………….
2. Address of the Applicant
…………………………………………………………………………………………………………………………….
3. Nationality of the Applicant
…………………………………………………………………………………………………………………………….
4. Where the Applicant is a non-citizen, resident permit number and date of expiry of the resident 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.
Applicant’s signature: ……………………………………………………………………………………………..
Date: ……………………………………………………………………………………………………………………..
FOR OFFICIAL USE ONLY
Having considered the application for renewal of an Early Childhood and Education Centre licence of ………………………………………………………
dated ………………………………………. Licence No ………………………………… is hereby renewed
in accordance with Bye-law (4(2)) of these Bye-laws.
Conditions (if any) applicable
…………………………………………………………………………………………………………………………….
This permit expires on the
…………………………………………………………………………………………………………………………….
Date of Renewal ……………………………………………………………………………………………………
Fee paid ……………………………………………………………………………………………………………….
————————————–
Licensing Officer.