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Commission adopts childcare code change to align residential day‑care rules with state inspections
Summary
The commission approved an ordinance to clarify that residential childcare centers with 12 or fewer children are regulated by state child care rules rather than commercial building and fire codes; the measure passed unanimously after the fire chief explained the change.
The Manhattan City Commission voted unanimously May 5 to adopt an amendment to the municipal code (ordinance number 7822) clarifying how residential childcare centers are classified and inspected.
Fire Chief Scott French explained that, since Jan. 1, 2024, the State Fire Marshal has primary responsibility for inspections of childcare facilities; the change the commission approved narrows local building and fire code application so that an occupied single‑family home used as a residential childcare center for 12 or fewer children can remain classified as residential rather than commercial when the homeowner resides there.
"What we're doing is eliminating that conflict and considering as long as it's under 12 or fewer, it can be considered as a residential and the fire code and building code do not apply to it," Chief French said during the discussion.
Commissioners asked for clarification that the city does not assume responsibility for licensing or staffing decisions; Chief French and staff confirmed state regulations and KDHE standards control licensing and inspections, while the city27s change is narrowly focused on building‑use classification for code enforcement and permitting. The ordinance was moved, seconded, and carried 5–0.
Next steps: the ordinance takes effect per the city27s ordinance schedule and staff said they will update internal guidance to reflect the change.
