More State Issues with Fence Requirements

[daycarediva]

I live in NY and am required to have a fence because my home is within 100 yards of a body of water. (I would fence it anyway, regardless) there is someone with a pool adjacent to my property. So I would ask your registrar for the specific reason (my registrar is awesome and gives me the regulation whenever she wants me to make an adjustment). My fence needed to be directly next to my home (no gaps). I had to have a city permit ($50) and we paid for the materials and did the installation ourselves (around $2,000) my registrar also didn't want me to put a gate on it, but the new registrar does because I use it as my secondary egress. I agree in retrospect because she asked how I would get the children out of the backyard to be seen by emergency responders (what I am legally obligated to do). So although it doesn't fall directly in a regulation, it COULD become an issue.

[Former Teacher]

This thread was from 2 and half years ago. It was bumped up from, surprise!, an unregistered post.

[Unregistered]

fencing

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.

[Blackcat31]

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.

[Thriftylady]

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.

[Unregistered]

fencing

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

[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

[Thriftylady]

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!

[Unregistered]

fencing

Im just concerned of me or someone visiting my house hitting a kid. This new driveway couldnt be any more blind. There is a big bush that doesnt even have leaves on it yet and it is still very blind. They cant tell if there is a car on the road until their vehicle is already halfway on the road. I do see other fencing in yard that isnt put up yet, but not sure if that was left from previous owner. My guess is they are going to section off part of yard for daycare as oppossed to fixing fence to road. It is a small yard though so seems a bit silly to block off section of yard, but we will see. Will keep you posted. Should i wait until she is in operation and see if improvements have been made or reach out to licensing dept now? Not sure of kind of daycare. Perhaps they are going to do some fencing beforehand.

[Thriftylady]

Im just concerned of me or someone visiting my house hitting a kid. This new driveway couldnt be any more blind. There is a big bush that doesnt even have leaves on it yet and it is still very blind. They cant tell if there is a car on the road until their vehicle is already halfway on the road. I do see other fencing in yard that isnt put up yet, but not sure if that was left from previous owner. My guess is they are going to section off part of yard for daycare as oppossed to fixing fence to road. It is a small yard though so seems a bit silly to block off section of yard, but we will see. Will keep you posted. Should i wait until she is in operation and see if improvements have been made or reach out to licensing dept now? Not sure of kind of daycare. Perhaps they are going to do some fencing beforehand.

Considering you have no clue IF or WHEN there will be a daycare, I think you should leave it alone. I have seen neighbor wars start over this same kind of thing, someone assuming they know what is going on next door when they have no clue. If you want to keep peace where you live, I would go on about my own business and leave my neighbors alone. Maybe they are going to fix a fence, maybe the toys are just something they had to move and have them in a pile for now. Maybe there will never be a child at the house.

And if you know the drive is a blind drive do what YOU need to do, drive safely.

[LysesKids]

Im just concerned of me or someone visiting my house hitting a kid. This new driveway couldnt be any more blind. There is a big bush that doesnt even have leaves on it yet and it is still very blind. They cant tell if there is a car on the road until their vehicle is already halfway on the road. I do see other fencing in yard that isnt put up yet, but not sure if that was left from previous owner. My guess is they are going to section off part of yard for daycare as oppossed to fixing fence to road. It is a small yard though so seems a bit silly to block off section of yard, but we will see. Will keep you posted. Should i wait until she is in operation and see if improvements have been made or reach out to licensing dept now? Not sure of kind of daycare. Perhaps they are going to do some fencing beforehand.

I would make sure she even running a childcare... how do you know for fact it's not a family with 4 or more kids? People use to call on my mom decades ago because she had 5 kids & our yard was were all the friends came. She was never a childcare but a SAHM who helped dad run the books on dad's business which was started in our home before it grew - that neighbor had egg on her face because she was sure my parents were in the wrong. BTW, some of the yards had fences, some not. If these people just moved in wouldn't it make sense to see if they fix a few things in the next month or so before assuming? I understand the Blind driveway, but there are tons of those all over the country that aren't marked

[Unregistered]

fencing

I will wait and verify daycare is up and running. If no improvements made i will reach out to rep and see what they have to say. Of course i will drive slow, but im looking out for interest of kids and my family and friends. It is about safety in my mind. Thanks for input. Time will tell and will keep you posted.

[Scribbles]

I will wait and verify daycare is up and running. If no improvements made i will reach out to rep and see what they have to say. Of course i will drive slow, but im looking out for interest of kids and my family and friends. It is about safety in my mind. Thanks for input. Time will tell and will keep you posted.

I don't think you should have to wait until the daycare is up and running at all, honestly I would try to talk with your neighbor... A concerned neighbor isnt a bad thing at all.

Perhaps the potential provider doesnt even realize it is a potential danger. I love my neighbors and I appreciate that tney look out for not only me and my family but my clients too.

I see nothing wrong with checking with zoning or your city offices and/or DHS either. Being concerned about safety is a valid reason to ask.

[Thriftylady]

I don't think you should have to wait until the daycare is up and running at all, honestly I would try to talk with your neighbor... A concerned neighbor isnt a bad thing at all.

Perhaps the potential provider doesnt even realize it is a potential danger. I love my neighbors and I appreciate that tney look out for not only me and my family but my clients too.

I see nothing wrong with checking with zoning or your city offices and/or DHS either. Being concerned about safety is a valid reason to ask.

I would agree with this IF the neighbor was running a daycare. I would be pretty put out though if someone stuck their nose into my business when I was doing nothing to hurt them or anyone else. What I do on my property is my business only IMHO. IF this neighbor was breaking a law I may see it differently, but the poster has no idea if the neighbor intends to ever open a daycare, just assuming they might. You know what they say about assuming!

[Scribbles]

I would agree with this IF the neighbor was running a daycare. I would be pretty put out though if someone stuck their nose into my business when I was doing nothing to hurt them or anyone else. What I do on my property is my business only IMHO. IF this neighbor was breaking a law I may see it differently, but the poster has no idea if the neighbor intends to ever open a daycare, just assuming they might. You know what they say about assuming!

I was giving the OP my opinion.
It's okay if you don't agree.