Existing law sets forth certain requirements for the licensure and operation of child care facilities by the Division of Welfare and Supportive Services of the Department of Health and Human Services or the governing body of a county or an incorporated city. (NRS 432A.131-432A.220) Existing law authorizes the unit-owners' association of a common-interest community to adopt rules and regulations governing the common-interest community. (NRS 116.3102) Section 1 of this bill prohibits, with certain exceptions, the executive board and governing documents of a unit-owners' association from prohibiting the operation of a licensed child care facility by a unit's owner. Section 1 authorizes the executive board and governing documents to impose conditions or restrictions on a licensed child care facility that are consistent with the conditions and requirements to obtain a license for a child care facility. Additionally, section 1 provides that these provisions do not apply to a common-interest community that imposes certain age restrictions. Existing law sets forth various requirements for rental agreements between a landlord and tenant for the use and occupancy of a dwelling unit or premises. (Chapter 118A of NRS) Section 2 of this bill authorizes a tenant to operate a licensed child care facility unless otherwise prohibited by the terms of the rental agreement. Existing law authorizes a governing body to divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out certain purposes. Within a zoning district, the governing body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. (NRS 278.250) Section 3 of this bill requires the governing body to adopt an ordinance that authorizes a licensed child care facility to operate in any zoning district that is zoned for residential use. Section 3 prohibits such an ordinance from: (1) imposing restrictions on a child care facility that are more restrictive than the restrictions imposed on dwelling units in the zoning district; or (2) requiring a licensed child care facility to obtain any additional permits relating to the zoning or use of the dwelling unit as a licensed child care facility. Section 6 of this bill includes section 3 in the purposes that a governing body is required to carry out when the governing body establishes zoning districts. Section 4 of this bill applies the definitions in existing law governing planning and zoning to the provisions of section 3. Section 5 of this bill applies the provisions governing actions and proceedings for judicial relief or review from any final action, decision or order of any governing body, commission or board to the provisions of section 3. Existing law requires the State Board of Health to adopt licensing standards for child care facilities. (NRS 432A.077) Existing law authorizes the governing body of a county or incorporated city to establish an agency for the licensing of child care facilities that do not need to be licensed by the Division. Such a licensing agency is required to adopt standards and regulations that must: (1) not be less restrictive than the standards and regulations adopted by the Board; and (2) be approved by the Division. (NRS 432A.131) Sections 7 and 8 of this bill prohibit the standards adopted by the Board and the standards and regulations adopted by the licensing agency from prohibiting the licensure of a child care facility that does not have an outdoor play space that is located: (1) in a multi-family dwelling or an apartment or condominium building; and (2) within 1 mile of an accessible park, school or space that is open to the public for outdoor recreation.

Statutes affected:
As Introduced: 278.010, 278.0235, 278.250, 432A.077, 432A.131
BDR: 278.010, 278.0235, 278.250, 432A.077, 432A.131