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Daycare Center and Family Home Forum>More State Issues with Fence Requirements
gbcc 09:16 AM 01-14-2010
So I complained earlier because the state is requiring I have a fence put up in my front yard. As never been an issue before but now there is a new registrar and all of a sudden there are issues. Also, my neighbor down the road from me does child care and it has never been an issue for her. She doesn't need a fence, why should I. she has a different registrar though.

Anyways, I have to go to court to get a permit from town, buy the products and ect. It has taken a month and a half to do this. Today they come out to "inspect" the fence and There is like 2 ft between the edge of the fence and the neighbors lot line so it fails. Are you kidding me. You are not allowed to put things within 2 ft of your neighbors lot line. This is getting rediculous. Then.... my neighbors garbage blew over into my property and he tells me it needs to be cleaned up before the kids can play outside. First off, no ****. Second, it's going to have to wait until after business hours. How can I clean it up and watch the children? Duh. The neighbor is not home so I really can't call them to come get their garbage.

It just seems they are out to get me. I provide quality care and have never had an issue, complaint or anything.
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kitkat 10:29 AM 01-14-2010
Originally Posted by gbcc:
Then.... my neighbors garbage blew over into my property and he tells me it needs to be cleaned up before the kids can play outside. First off, no ****. Second, it's going to have to wait until after business hours. How can I clean it up and watch the children? Duh. The neighbor is not home so I really can't call them to come get their garbage.
I think I would have had a hard time keeping those thoughts in my head and not letting them come out my mouth. Sorry to hear about all the problems. What do you have to do with the fence now that it failed?
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gbcc 10:57 AM 01-14-2010
Oh, I had a hard time keeping the thoughts to myself but I don't want them getting an ego trip and making it even more difficult. So, I have to spend more money while they keep me from getting my lisence and making any darn money.

I have to go purchase another 2 ft to cover the gap but according to zoning, that will probably require another court hearing and another month and a half wait.
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Carole's Daycare 11:14 AM 01-14-2010
You said another daycare in your neighborhood is not required fencing, perhaps because of a different licensor on her case? That's a problem, as state stautes regarding daycares dictate when fencing is required, usually having to do with proximity to high traffic roads, railroads, or water. Those statutes should be applied fairly to all. Being married to a cop, I'm a real stickler for detail, rules & regs- but they need to be applied evenly. Sorry to hear you are having issues. Does your neighbor have fencing that you didn't attach to (allowing for property line issues) resulting in the gap? Perhaps rearranging the yard, with a storage shed or something covering that gap to prevent kids from leaving would be good enough for your licensor without having to redo the fenceline?
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gbcc 11:37 AM 01-14-2010
I am a stickler on the rules as well and there is nothing in the regulations that state there has to be a fence. She is going by a regulation that states the children have to have safe outside play area. She is expanding that to what she wants. I tried to go over her head and speak to the supervisor but the supervisor said she thought it was a good idea. I don't care what her "thoughts" are. That is unethical. I would also need a permit for a shed. I thought about a bush, but I would never get it into the ground this time of year.
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Chickenhauler 10:58 PM 01-14-2010
Originally Posted by gbcc:
Oh, I had a hard time keeping the thoughts to myself but I don't want them getting an ego trip and making it even more difficult. So, I have to spend more money while they keep me from getting my lisence and making any darn money.

I have to go purchase another 2 ft to cover the gap but according to zoning, that will probably require another court hearing and another month and a half wait.
Call your county commissioner and ask them that since trying to earn a living is impossible here, where do you need to go to get on welfare?

We got the runaround with licensing for a while, excuses, delays, feet dragging, "emergencies", repeated canceled inspections, etc.

Go up and above the inspector and see if there is some logic present in a supervisor.

As far as the fence goes....I've raised livestock and seen kids in action, if there's a gap in the fence, it's the first thing they head for and BAM they're gone. Happens every time. I can understand the need for a continuous fence....a 2' gap kinda makes it pointless to have a fence.

As far as the hearing and all that rigamarole, if you've already had your inspection, just put it up and feign ignorance. It's easier to ask forgiveness than permission.
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jen 10:38 AM 01-15-2010
Here a fence is at the discretion of the licensor. My neighbor did daycare and needed a fence, but I did not. We are on a circle and her house was on the corner so she needed a fence due to easier access to the street.

That said, we eventually put up a fence anyway because it is so much easier.
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Persephone 10:42 AM 01-15-2010
I guess I don't understand why there's a 2 foot gap? I understand why you can't put things 2 foot from your neighbors line, but what is the fence up too? Is there a fence that is your neighbors? Why did you not make the fence run (2 foot from the line) along the line to the end of your yard?

I guess I don't understand.

And yes a child would just try to get right out. My son would in a heart beat!
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Unregistered 03:18 AM 04-02-2016
Hi,

Someone new moved in down the street and before the old owner moved out he took down a big section of 4ft tall chain link fence. Now the new neighbor can drive a car through it. The neighbor has regular driveway access to a perpendicular street. The section they now sometimes drive through goes onto to my road. My road is a narrow road with only 3 houses, BUT this NEW driveway to my road is extremely blinded. At first, i was ok with it and just figured i have to be real careful going by,especially since they have 2 kids. Now i hear she wants to open a daycare. Not sure of the size,but even if small, can i raise an anonymous complaint with dhhs about safety if they dont fix the fence? House is also very close to a main road. It just seems like a disaster waiting to happen.
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Blackcat31 07:22 AM 04-02-2016
Originally Posted by Unregistered:
Hi,

Someone new moved in down the street and before the old owner moved out he took down a big section of 4ft tall chain link fence. Now the new neighbor can drive a car through it. The neighbor has regular driveway access to a perpendicular street. The section they now sometimes drive through goes onto to my road. My road is a narrow road with only 3 houses, BUT this NEW driveway to my road is extremely blinded. At first, i was ok with it and just figured i have to be real careful going by,especially since they have 2 kids. Now i hear she wants to open a daycare. Not sure of the size,but even if small, can i raise an anonymous complaint with dhhs about safety if they dont fix the fence? House is also very close to a main road. It just seems like a disaster waiting to happen.
If it is truly a safety issue the state should recognize this during their inspection....Unless she will be legally unlicensed and isnt subject to inspection.

Which in that case, Id consider approaching the home owner about it before making a complaint to the city (who would handle zoning type stuff).

IME most daycare providers are concerned with the safety of their clients too so she may have already considered this issue and if not, bringing it to her attention may be helpful and appreciated.
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Thriftylady 02:06 PM 04-03-2016
I would call a supervisor and ask them to show you the regs to start with. If it is in the regs, you really have no out. If it isn't, I would start fighting it there. With regs being different everywhere it is hard to say. I don't have a fenced yard, I rent and the landlord would never go for it. But I am also outside with my kids every time we are out there and live in a small town on a slow street. If I lived on a busy street I would feel different.
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Unregistered 06:50 AM 04-04-2016
Thanks for the input. So should there be regs with zoning for that as a driveway and zoning for the daycare? What kind of supervisor? Im sure they like using it as a driveway since they dont have to back out on to a busy street that is why im even more concerned they wont fix the fence. Does anyone know the normal stipulations to have a legally unlicensed daycare? Does that depend by state? Im seeing the little kid toys start to pile up in the yard. Im totally fine if she has a daycare but if it isnt fenced in there it seems like any normal person would see it as a disaster. If they dont put the fence up do i make a complaint to the city or dhhs? As mentioned, id think the state would clearly recognize this as an issue, but how would i know if legally unlicensed? Does dhhs still have a say even if legally unlicensed? Thanks
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Unregistered 07:21 AM 04-04-2016
Originally Posted by Unregistered:
Thanks for the input. So should there be regs with zoning for that as a driveway and zoning for the daycare? What kind of supervisor? Im sure they like using it as a driveway since they dont have to back out on to a busy street that is why im even more concerned they wont fix the fence. Does anyone know the normal stipulations to have a legally unlicensed daycare? Does that depend by state? Im seeing the little kid toys start to pile up in the yard. Im totally fine if she has a daycare but if it isnt fenced in there it seems like any normal person would see it as a disaster. If they dont put the fence up do i make a complaint to the city or dhhs? As mentioned, id think the state would clearly recognize this as an issue, but how would i know if legally unlicensed? Does dhhs still have a say even if legally unlicensed? Thanks
You can find information about your state requirements in this link.

It has contact info too so you can ask questions about zoning and licensing as each state is different in what they require or don't require.

https://www.daycare.com/states.html
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Thriftylady 07:30 AM 04-04-2016
Originally Posted by Unregistered:
Thanks for the input. So should there be regs with zoning for that as a driveway and zoning for the daycare? What kind of supervisor? Im sure they like using it as a driveway since they dont have to back out on to a busy street that is why im even more concerned they wont fix the fence. Does anyone know the normal stipulations to have a legally unlicensed daycare? Does that depend by state? Im seeing the little kid toys start to pile up in the yard. Im totally fine if she has a daycare but if it isnt fenced in there it seems like any normal person would see it as a disaster. If they dont put the fence up do i make a complaint to the city or dhhs? As mentioned, id think the state would clearly recognize this as an issue, but how would i know if legally unlicensed? Does dhhs still have a say even if legally unlicensed? Thanks
Licensing depends by state. I am legally unlicensed, and although I follow most of the state regs (except the ones that make no sense and have nothing to do with the care of the children), they really have no say over what I do.

If you are that concerned you can call your licensing agency and tell them your concerns. I am wondering though what this has to do with you? Do you have some kind of other issue with this neighbor? I ask because MOST child care providers care very much for the children we care for and take safety very seriously. There is a huge liability involved with doing daycare, and most of us don't care to be sued or even worse, do jail time. Most of us go over and above to try to make sure safety is maintained to the best of our ability. Also keep in mind, she could be caring for family, and often there are different rules for that. Or even preparing to go into foster care!
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Tags:2010, fencing, rules, state requirement, yard
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