NORTH EAST DISTRICT COUNCIL (DAY-CARE CENTRE) BYE-LAWS
(section 33)
(8th May, 2009)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
PART I
Preliminary
1. Citation
2. Interpretation
3. Licensing of day-care centres
4. Transfer of licence
5. Closure of day-care centres
PART II
Premises
6. Type of premises used
7. Outdoor play areas
8. Toilets
9. Washing facilities
10. Kitchen
11. Furniture and classroom equipment
12. Fire extinguisher
13. First aid requirements
14. Cleanliness
15. Smoking
16. Pets
17. Transportation
18. Use of premises for other activities
19. Responsibility of owner
PART III
Operation and Staff of the Centre
20. Hours of operation
21. Resting period
22. Age of admission
23. Staff
24. Staff-child ratio
25. Curriculum
26. Records of centre
PART V
Appeals, Powers of Entry, Offences
27. Appeals
28. Powers of entry
29. Offences
Schedule
S.I. 39, 2009
PART I
Preliminary (bye-laws 1-5)
These Bye-Laws may be cited as the North East 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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
“authorised officer” means the Council Secretary or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;
“care giver” means a person trained to teach, train, and care for babies and children below the age of six and registered as such with the Council;
“Council” means the North East District Council;
“day-care centre” means a place for the care, education and supervision of children below the age of six;
“infectious disease” includes diphtheria, cerebrospinal meningitis, TB, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body, and typhoid fever;
“licence” means a licence issued under bye-law 3;
“owner” means a person or company which has responsibility of the centre; and
“qualified teacher” means a teacher qualified to the satisfaction of the Ministry responsible for Education, to teach children below the age of six.
3. Licensing of day-care centres
(1) No person shall operate a day-care centre, hereinafter referred to as a “centre”, without a licence issued by the Council.
(2) No person under the age of 18 years may operate a centre.
(3) Any 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 for the centre;
(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.
(4) Upon receipt of the application, the Council shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.
(5) If 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, issue to the applicant, a licence in Form 2 set out in the Schedule.
(6) A licence issued under these Bye-Laws may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.
(7) The Council may revoke, suspend or impose further conditions on the licence, and shall publish a notice of such revocation, suspension or imposition of conditions in two consecutive issues of the Gazette and two newspapers in circulation in Botswana where
(a) the conditions of any licence are not being adhered to;
(b) a centre has failed to comply with these Bye-Laws; or
(c) an authorised officer, after conducting an inspection, has recommended a suspension or revocation of the licence or imposition of conditions due to a failure of the centre to comply with the relevant health standards.
(8) A licence issued under sub-bye-law (3) shall be valid until the 31st December of the year of issue, and shall thereafter be renewable annually, on payment of the annual fee of P10.
(9) An application for the renewal of a licence shall be made in Form 1 set out in the Schedule.
(10) The licence shall be conspicuously displayed in the premises of the centre.
No person to whom a licence has been issued may cede, transfer or lease the licence to another person.
5. Closure of day-care centres
The Council may cancel the licence after giving 14 days’ notice to the owner of the centre to comply with conditions, should the owner fail to do so the Council will require the closure of any centre which contravenes or does not comply with any of the provisions of these Bye-Laws.
PART II
Premises (bye-laws 6-19)
(1) An occupied residential house shall not be used as a centre except with the written approval of the Council and provided that the residential house shall be used adequately for the centre and satisfactorily be separable from the portion used for the centre.
(2) A garage or verandah shall not be used as a classroom for a centre.
(3) Premises used for a centre shall be constructed in accordance with, and from material permitted by, the appropriate building regulations, and the floors shall be smooth and tiled or carpeted, and every classroom or restroom shall be adequately lit and ventilated.
(4) The size of a room to be used as a classroom shall directly relate to the number of children permitted to use them at any one time, so that for each child there shall be the equivalent of 1,5 square metres.
(5) In every centre there shall be a room equipped with a bed with mattress and clean linen, in which a sick child can rest and be isolated.
(6) Premises used for a centre shall be adequately and securely fenced or walled in, and shall be adequately set back from busy roads or roads regularly used by heavy traffic.
(7) The centre shall be made accessible with ramps to children with disability who are able to attend normal schools.
(1) Every centre shall have an outdoor play area.
(2) Outdoor play areas shall provide a minimum area of not less than 2 cubic metres for each child attending the centre and shall have a flat, generally dry surface, with adequate shade.
(3) The outdoor play areas shall be provided, to the satisfaction of the Council, with play equipment such as sand pits, swings, slides and climbing frames adequate for the number of children attending at the centre.
(4) The outdoor play areas shall be free from sharp objects or any discarded material, equipment or any other objects which pose a danger to children.
(1) Every centre shall be provided with separate toilets for members of staff and for children.
(2) Toilets shall
(a) be well lit;
(b) be well ventilated; and
(c) have adequate running water.
(3) Toilets for children shall be
(a) separated according to gender; and
(b) installed with standard junior toilets and hand washbasin and there shall be one toilet and one hand washbasin for every 15 children.
(4) The toilets and hand wash basins shall be kept clean, sterile and in a state of good repair.
(5) Storage facilities for towels, face cloths and personal belongings of the members of staff shall be separated from similar facilities for children.
The owner of a centre shall maintain on the premises, a facility for washing clothes, towels, blankets and any other linen used at the centre.
(1) A centre which operates for more than five and a half hours a day shall
(a) have a kitchen with adequate hot and cold water; and
(b) provide each child with at least one cooked meal a day.
(2) Where food or formula is brought into a centre by the children, there shall be provided adequate and hygienic facilities for the storage and refrigeration of the food or formula.
(3) There shall be available for inspection by the Council, a detailed menu of the food provided, with a suitably balanced diet, stating
(a) the time for serving the meal; and
(b) the quantities to be served.
(4) Where a centre operates for less than five and a half hours, each child shall be provided with at least one snack.
(5) The utensils, cutlery and crockery used in the kitchen shall be of a shape and size suitable for the children admitted at the centre.
11. Furniture and classroom equipment
(1) At every centre there shall be an adequate supply of furniture and other equipment suitable for use in a centre, such as reading material, picture books, blackboards, toys, paints, crayons, moulding clay, puzzles and beads.
(2) The Council may require or approve additional or alternative equipment to that referred to in sub-bye-law (1).
At every centre, a portable fire extinguisher shall be maintained and made readily accessible at all times.
(1) At every centre there shall be maintained, and made readily accessible at all times, a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins, gloves and a tourniquet.
(2) No member of staff may administer any medication to a child without the consent of the child’s parent or guardian, except under emergency circumstances.
(1) At every centre there shall be, at all times, a high standard of maintenance and cleanliness.
(2) The owner of a centre shall ensure that any member of staff or child suffering from, or suspected to be suffering from an infectious disease is immediately isolated from contact with other children or staff members.
No person shall smoke anywhere within the premises of a centre, and notice to this effect shall be displayed prominently at the entrance to the centre.
No animals are permitted within any area used for the purpose of a centre, without the written permission of the Council.
(1) Where a centre provides for the transportation of children, the motor vehicle used shall be enclosed and with adequate and comfortable sitting space for each child carried in it.
(2) The owner of a centre shall ensure that a vehicle used to transport the children is insured at all times.
18. Use of premises for other activities
Except with the written permission of the Council, the premises of the centre shall not be used for any activity which is not in the ordinary course of operating a centre.
The owner of the centre shall ensure that at all times a high standard of maintenance and cleanliness is established and maintained within the centre.
PART III
Operation and Staff of the Centre (bye-laws 20-26)
A centre shall not, except with the approval of the Council, operate
(a) on Saturdays, Sundays or public holidays, or
(b) outside the hours between 7 am and 5 pm.
The owner of the centre shall ensure that all children at the centre shall have a common resting period of not less than one hour each afternoon.
No child shall be admitted to, or be allowed to remain at a centre, without the written permission of the Council, if the child is over the age of six years.
(1) Subject to the provision of bye-law 24, a centre shall have a minimum of two qualified teachers, and at all times there shall be at least one such teacher on duty.
(2) A centre shall at all times have at least one teacher on duty for every 30 children.
(3) A centre may employ assistants to assist the qualified teachers to supervise and look after children at the centre.
(4) All the members of staff employed at a centre shall undergo a medical examination, including an x-ray, before being employed, and thereafter at six month intervals, their medical examination shall exclude x-ray.
(5) No person shall be employed, or continue to be employed at a centre if the person
(a) is certified under the Mental Disorders Act (Cap. 63:02), to be suffering from a mental disorder;
(b) has been convicted of a sexual offence, or
(c) has been convicted of an offence under Part IV of the Children’s Act (Cap. 28:04).
(6) A member of staff employed at a centre shall at all times wear clean uniform or clothing.
(1) A centre shall have a minimum 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.
(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.
The curriculum followed at a centre shall adhere to the standards set by the Ministry responsible for Education and the Early Childhood Care and Education Policy.
The owner of a centre shall open and maintain a register in which shall be recorded
(a) in relation to each child admitted at a centre
(i) the names and dates of birth, and
(ii) the names, addresses and telephone numbers of the child’s parent or guardian; and
(iii) medical history of the child.
(b) the names and qualifications of all the staff members employed at the centre.
PART IV
Appeals, Powers of Entry, Offences (bye-laws 27-29)
A person who is aggrieved by a decision of the Council in terms of these Bye-Laws may within 30 days of receipt of notification of that decision appeal to the Minister.
(1) A bye-law enforcement officer or an officer of the Council so authorised in writing by the Council Secretary may, at any reasonable time, enter a centre for the purpose of inspection and to ensure compliance with these Bye-Laws.
(2) A person who refuses an officer of the Council to enter the centre for the purpose of inspection commits an offence and is liable to a fine not exceeding P100 or to imprisonment for a term not exceeding one month or to both and for a second or subsequent offence, to a fine not exceeding P200 or to imprisonment for a term not exceeding three months or to both.
Any person who contravenes the provisions of these Bye-Laws commits an offence and is liable to a fine not exceeding P100 or to imprisonment for a term not exceeding one month or to both and for a second or subsequent offence, to a fine not exceeding P200 or to imprisonment for a term not exceeding three months or to both.
SCHEDULE
FORM 1
APPLICATION TO OPERATE A DAY-CARE CENTRE
(bye-law 3(3), (9))
NORTH EAST DISTRICT COUNCIL (DAY-CARE CENTRE) BYE-LAWS
Applicant’s Particulars
1. Name …………………………………………………………………………………………………………….
Nationality ……………………………………………… I.D…………………………………………..
2. Postal address …………………………………………………………………………………………………
……………………………………………………………………………………………………………………..
3. Residential address of applicant ……………………………………………………………………………
4. Location of the premises of the day-care centre ………………………………………………………..
……………………………………………………………………………………………………………………..
Staff of the centre (attach extra pages if necessary)
5. Person to be employed at the centre:
(a) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(b) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(c) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(d) Name
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(e) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(f) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
(g) Name …………………………………………………………………………………………………….
Position to be held ……………………………………………………………………………………
Qualification(s) …………………………………………………………………………………………
*Please attach certified copies of the certificates of the persons to be employed by the centre.
Premises and structure
6. What is the material used for building the premises? (e.g. wood, brick or any other material)
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7. Room types and sizes:
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8. Toilets and washing facilities:
Number children’s toilets …………………………………………………………………………………….
Number of toilets for staff ……………………………………………………………………………………
Number of baths ……………………………………………………………………………………………….
General washing facilities ……………………………………………………………………………………
Is there a laundry room? *Yes/No
9. Kitchen:
Does the Kitchen have washable walls? ………………………………………………………………….
Is there any storage space? …………………………………………………………………………………
Type of storage shelves, pantry, cold room/refrigeration, cupboard)
………………………………………………………………………………………………………………………
10. Outdoor area:
Size in square metres …………………………………………………………………………………………
Type of fencing ………………………………………………………………………………………………….
Is there a secure gate? *Yes ……………………….. No …………………………………
Is there any shade? *Yes ……………………….. No …………………………………
Numbers of children to be admitted at the centre
11. (a) 6 weeks – 2½ years ………………………………………………………………………………….
(b) 2½ – 4 years …………………………………………………………………………………………..
(c) 4 – 6 years ……………………………………………………………………………………………..
I …………………………………… (name of applicant) declare that the above information is true and correct.
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Signature of applicant |
Date |
FOR OFFICIAL USE ONLY
Date of receipt of application ………………………………………………………………………………………
Receipt by ……………………………………………………………………………………………………………..
Signature ……………………………………………………………………………………………………………….
*delete which ever is not applicable.
FORM 2
LICENCE TO OPERATE A DAY-CARE CENTRE
(bye-law 3(5))
NORTH EAST DISTRICT COUNCIL (DAY-CARE CENTRE) BYE-LAWS
NOT TRANSFERABLE
Licence No. ………………………………………………………………………… Issued under bye-law 3
To ……………………………………………………………………………………………………………………
Having considered your application to operate a Day-Care Centre, the North East District Council is satisfied that you have fulfilled the necessary requirements of the North East District Day-Care Centre Bye-Laws, you are hereby granted a licence to operate a day-care centre in the following area
…………………………………………………………………………………………………………………………
This licence is subject to the following conditions:
…………………………………………………………………………………………………………………………
This licence is valid until ……………………………………. , 20……………….
……………………………………….
Licensing Officer.