SOUTH EAST DISTRICT COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION CENTRE) BYE-LAWS
(section 33)
(4th June, 2010)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
PART I
Preliminary
1. Citation
2. Interpretation
3. Registration of a centre
4. Validity of a licence
5. Display of licence
6. Premises of a centre
7. Facilities to be maintained
8. First Aid
9. Pets
10. Smoking prohibited
PART II
Premises
11. Operation hours
12. Age of admission
13. Staff
PART III
Operation and staff of the centre
14. Responsibilities of owners
PART IV
Powers of entry, offences and penalties
15. Powers of entry
16. Closure of a centre
17. Offences and penalties
SCHEDULE
S.I. 53, 2010,
S.I. 68, 2015.
PART I
Preliminary (bye-laws 1-5)
These Bye-laws may be cited as the South East District Council (Early Childhood Care and Education 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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
“Authorised persons” means officers from the Departments of Social and Community Development, Bye-law and Physical Planning and Health;
“centre” means a place for the supervision of young children below school age licensed under bye-law 3(3);
“Council” means the South East District Council;
“communicable disease” includes diphtheria, cerebrospinal 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) Where the Council is satisfied that the proposed centre meets all the requirements of these Bye-laws and any other relevant legislation, it may, on payment of a fee of P100, register the centre, and issue to the applicant a registration licence in accordance with Form 2 set out in the Schedule.
(1) A registration licence issued in terms of bye-law 3(3) shall be valid for 12 months from the date of issue, but thereafter renewable from year to year, on payment of an annual fee of P100.
(2) A person wishing to renew a registration licence shall make an application to the Council 21 days before the expiry date of the licence, in Form 3 set out in the Schedule and, upon payment of a fee of P100, 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.
PART II
Premises (bye-laws 6-10)
The Council shall not issue a licence to an applicant where the proposed premises are in a residential area.
7. 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 the 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; and
(d) a detailed menu of a balanced diet accessible for inspection.
(10) 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.
(11) A centre shall provide, to the satisfaction of the Council, age appropriate furniture 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.
(12) The Council may require or approve additional or alternative equipment to that referred to in sub-bye-law (11).
(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) At least one staff member should have First Aid training.
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 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.
PART III
Operation and staff of the centre (bye-laws 11-14)
A centre shall not operate
(a) on Saturday, Sunday or public holiday; or
(b) outside the hours between 0600 and 1800.
(1) A centre shall not admit a child who is older than six years of age.
(2) Where a child who is to be admitted to a centre is over the age of six years, written permission must be obtained from the Council.
(1) There shall be at least one qualified teacher and an assistant per class of 25 children aged between two and a half and four and a half years.
(2) Assistants must be employed to assist the qualified teachers to supervise and look after children at the centre.
(3) All staff employed at a centre shall, at all times while on duty, wear clean uniforms or clothing.
(4) Food handlers shall undergo medical examinations at least twice a year.
14. Responsibilities of 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.
PART IV
General provisions (bye-laws 15-17)
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 suspend or withdraw the licence of and require the closure of any centre that fails to comply with any of the provisions of these Bye-laws.
Any person who contravenes the provisions penalties of these Bye-laws and the owner of any centre which operates in contravention of these Bye-laws, commits an offence and is liable
(a) to a fine not exceeding P500 or in default of payment thereof, to imprisonment for a term not exceeding 21 days, or to both; and
(b) on a second or subsequent conviction, to a fine not exceeding P2 000, or in default of payment thereof, to imprisonment for a term not exceeding four months, or to both.
SCHEDULE
FORM 1
APPLICATION TO REGISTER A CENTRE
(bye-law 3(2))
SOUTH EAST DISTRICT COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION CENTRE) BYE-LAWS
FORM 2
REGISTRATION LICENCE
(bye-law 3(3))
SOUTH EAST DISTRICT COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION CENTRE) BYE-LAWS
FORM 3
RENEWAL OF AN EARLY CHILDHOOD CARE AND EDUCATION CENTRE LICENCE
(bye-law 4(2))
SOUTH EAST DISTRICT COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION CENTRE) BYE-LAWS
