HB 202 ZONING OF CHILD CARE HOMES

Rep Doreen Y Gallegos

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 HB 202 requires child care homes to be recognized as residences in municiple and county zoning and  other codes. 

 Synopsis: HB202 relates to children by providing that county and municipality zoning authorities shall treat registered child care homes, licensed family child care homes and, licensed group child care homes as residential use on the application of local regulations, including zoning land use development, fire and safety sanitation, and building codes and cannot impose additional regulations that do not also apply to other private residences and clarifying the application of rules promulgated pursuant to Chapter 59A, Article52NMSA 1978.

Analysis: HB202 requires zoning authorities to treat the listing of different childcare facilities as residential use for the application of local regulations, including zoning land use development, fire and safety sanitation, and building codes and cannot impose additional regulations that do not also apply to other private residences and clarifying the application of rules promulgated pursuant to Chapter 59A, Article52NMSA 1978.
Chapter 59A, Article52NMSA 1978 has to do with Insurance Code and the powers of the Fire Marshal. 

The listing of childcare facilities include, registered child care homes, licensed family child care homes and, licensed group child care homes.
The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall have uniform force and effect throughout the state and no municipality or subdivision shall enact or enforce any ordinances or rules inconsistent with the statewide rules promulgated pursuant to that article. Nothing in that article shall in any way: (1) impair the power of any municipality to regulate the use of its land by zoning, building codes or restricted fire district rules; provided that a municipality, including a home rule municipality, shall not impose regulations on registered child care homes, licensed family child care homes or licensed group child care homes that do not also apply to other private residences; or (2) impair the power of the early childhood education and care department to determine standards and regulate registered child care homes, licensed family child care homes and licensed group child care homes. The reference to child care homes being recognized as private residences is new language. 

The effective date for this Act is July 1, 2024.