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RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR LICENSED FAMILY DAY CARE FACILITIES, GROUP DAY CARE FACILITIES, AND SMALL DAY CARE FACILITIES I. OBJECTIVE: To provide for minimum standards for licensed family day care facilities, group day care facilities, and small day care facilities located within the City of Moscow, in order to provide safe, sanitary, and structurally sound day care facilities. The requirements contained herein shall be considered the minimum acceptable standards necessary to operate such facilities in Moscow. These requirements shall apply only to licensed family day care facilities, group day care facilities, and to small day care facilities and do not apply to the operation of unlicensed Family Day Care Facilities as defined at City of Moscow, Idaho Municipal Code 9-12-3(F)(I}. This Resolution has no effect upon standards, statutes, ordinances or law applicable to the public at large. Where a minimum standard herein is in conflict with or requires something less than required by a provision of Moscow City Code Title 9, Chapter 12, the Ordinance controls. II. DEFINITIONS: A. NONCONFORMING USES: A day care facility which is in operation prior to the effective date of this Resolution and which otherwise may or may not comply with the zoning ordinance of Moscow. B. INSPECTION REPORT: The inspection report form shall include the official inspection report forms approved by the City Council and used by inspection staff of the various city departments. C. SITE APPROVAL: Site approval shall include the necessary approval given to an applicant on completion of the application form for which specific zoning approval has been given to operate said facility in accordance with the Moscow Zoning Code. D. CODES ADOPTED: Applicable uniform codes shall include, but not be limited to, the following codes which are adopted by the City of Moscow as of the date of the application and are used with these standards. These standards, and other adopted codes, may be reviewed from time to time as determined by the Administrative Authority to evaluate same, and maintain the codes to current available standards. I. Life Safety Code (LSC). NFPA I 0 I. (LSC) except as modified in specific provisions contained in City of Moscow, Idaho Municipal Code Title 9, Chapter 12. RESOUJTION NO. 96-ll MINIMUM STANDARDS FOR DAY CARE PAGE I ---PAGE BREAK--- 2. Uniform Building Code (UBC) as published by the International Conference of Building Officials. 3. Uniform Fire Code (UFC) as published by the International Conference of Building Officials, and the Western Fire Chiefs' Association. (Uniform Fire Code) 4. National Electrical Code (NEC) as published by the International Conference of Building Officials and National Fire Protection Association. (NFPA) 5. Uniform Plumbing Code (UPC) as published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. 6. Uniform Mechanical Code as published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. E. STANDARDS: Standards for licensed family day care facilities, group day care facilities and small day care facilities shall include the modified sections as contained herein which have been taken from various codes as defined herein and which have been adopted by the City Council of Moscow as minimum requirements for operation of these facilities as defined herein. These standards are recommended for unlicensed family day care facilities. F. SEVERABILITY: I. It is the legislative intent that all provisions and sections of this Resolution be liberally construed and should any provision or section of this Resolution be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent that this Resolution shall stand notwithstanding the invalidity of any provisions or section; 2. The provisions of subsection I of this section shall apply to the amendment of any section of this Resolution whether or not such a provision is reenacted in the amendatory Resolution. G. HEADINGS: No provision of this Resolution shall be held invalid by reason of deficiency in any chapter or section heading. H. INTERPRETATION: In interpreting and applying the provtstons of this Resolution, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE2 ---PAGE BREAK--- It is not intended by this Resolution to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued pursuant to law, relating to the uses of buildings or premises; nor is it intended by this Resolution to interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this Resolution imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yards, courts or other open space than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this Resolution shall control. I. APPEALS BOARD: Appeals Boards, as used in this Resolution, shall be the various boards which have been appointed by the Mayor to which all appeals and interpretation and conditional use permit requests may be taken by a Director or Owner who so chooses to challenge administrative authority on decisions made. J. ADMINISTRATIVE AUTHORITY: The employee, employees, or agents of the City designated to carry out specific functions on behalf of the City of Moscow, Idaho. III. SITE APPROVAL A. Day care facilities shall comply with the Moscow Zoning Code as adopted and which may be amended by the City Council from time to time. Specific site approval is required after receipt of an application to operate a day care facility within the City of Moscow and for which specific approval shall be granted prior to actual issuance of a license to operate said day care facility. B. SITE STANDARDS: The lot size shall provide the required open space for outdoor play areas which is derived by the maximum number of children times the minimum of 100 square feet per child. This total area shall be contiguous to the structure used and shall be so arranged as to provide a safe play area that can be easily maintained and accessible to the children. These play areas shall be free of any of the following physical features that may be known by the Owner or Director, or may be found at a later inspection date such as the following: I. Wells, pits, cisterns and/or other depressions or holes that are in excess of 12 inches deep in which water may pond or accumulate to such depth, must be protected by fencing. 2. Swimming pools, spas and hot tubs above or below grade shall not be located on said property unless properly fenced from the day care facility by a non-climbable fence of not less than 4 feet in height and properly RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE3 ---PAGE BREAK--- equipped with a self-closing, self-latching gate, or other approved security device, as approved by the administrative authority. 3. The play area shall be fenced and enclosed by either wall construction or fences which shall be of the non-climbable type equipped with self-closing and latching gates approved by the administrative authority. A non climbable fence shall be any fence that is constructed of materials and provided with open space so that a ladder effect is not provided by the fence construction which may discourage children from attempting to climb such fence. This fence shall be a minimum of 4 feet in height, measured from adjacent grade, and shall comply with Moscow Zoning Code. All door and window openings which permit entry into the play area shall be equipped with self-closing, self-latching devices that may enter into an area of said property or structure that is not approved for the day care facility and which may present a possible hazard to children. 4. All porches, steps, and balconies that are included in the facility shall be equipped with guard rails and hand rails that comply with the current UBC. 5. All electrical and mechanical equipment located within or on said property when used in conjunction with the care facility and which may be located in or adjacent to the play area shall comply with Section V of these regulations. IV. BUILDING REQUIREMENTS: A All licensed family day care facilities, group day care facilities, and small day care facilities shall not exceed one story as defined by ·the UBC and may include basement areas. Exception: Where an existing facility is in existence at the time of adoption of this Resolution is located in a structure not more than 2 stories and provides space for children above the first floor, said space shall comply with the following requirements in addition to others contained herein: I. All sleeping areas shall be provided with exterior windows that comply with the Uniform Building Code. 2. A minimum of two approved exits shall be provided for such space with at least one exit leading directly to the exterior and shall be enclosed as required for one-hour exit enclosures. 3. The maximum number of children permitted above a first floor level shall be determined by the administrative authority based on existing day care staffing and actual conditions and circumstances present at each site and shall not exceed the minimum space area of35 square feet per child. RESOLUTION NO. 96-ll MINIMUM STANDARDS FOR DAY CARE PAGE4 ---PAGE BREAK--- B. BASEMENT AREA: All basement areas used in conjunction with the day care facility shall meet the following requirements in addition to other requirements contained herein: I. All required windows shall be located entirely above adjacent grade and shall be readily accessible to the Fire Department for emergency exit and rescue. All windows shall meet the requirements of the Uniform Building Code. 2. All basement areas shall comply with the required ceiling height and natural ventilation as provided for by the Uniform Building Code. 3. All areas used for day care purposes shall be separated from hazardous areas as required by the Life Safety Code and UBC. 4. a. All required exits from the basement shall be in accordance with the Uniform Building Code and the Life Safety Code. b. Basement areas provided for day care occupancy shall have at least one of the required exits lead directly to the outside and shall be remotely separated from each other. c. Interior finish of walls, floors and ceilings shall have a minimum finish rating of Class C for licensed family day care facilities. d. All gas-fired appliances, building heating equipment used in conjunction with the day care facility must be properly maintained and be approved for use with an approved outside gas shut off and shall be properly separated as required by the Administrative Authority. 5. All space heaters used in a day care facility such as wood stoves or other solid fuel type of space heaters, electrical wall heaters, shall be provided with proper isolation guards to prevent accidental contact by children, including additional hazards in the building interior that may be present other than those contained herein. 6. All glazing in hazardous locations shall be approved safety glass. 7. The heating system shall be adequate to provide a minimum of 70 degrees F. at a point three feet above the floor in all habitable rooms. V. ELECTRICAL A. Grounding of Circuits and Panel Board. RESOLUTION NO. 96-11 MINIMUM ST AJ:>.'DARDS FOR DAY CARE PAGES ---PAGE BREAK--- I. Alternating current circuits of less than 50 volts shall be grounded under the following conditions: a. Where supplied by transformer, if the transformer's supply system exceeds 50 volts to ground. b. Where supplied by transformer, if the transformer's supply system is ungrounded. c. Where installed as overhead conductors outside of buildings. 2. GFCI in bathroom and exterior, and other areas used for day care purposes. All 125 volt single phase 15 and 20 ampere receptacles installed in bathrooms and on the exterior of the building shall have a ground fault circuit interrupter protection. 3. Open Wiring. All exposed wiring shall be protected from physical damage or contact in a manner acceptable to the Administrative Authority based on National Electrical Code Requirements. 4. Smoke Detectors. All required smoke detectors shall be hard wired and installed in a location that has been predetermined and approved by the Administrative Authority and shall be of the approved type. 5. Fusing of Circuits. a. Lighting and appliance branch circuit panel boards shall be individually protected on the supply side by not more than two main circuit breakers or two sets of fuses having a combined rating not greater than that of the panel board. b. Snap switches shall be rated at 30 amperes or less. Panel boards with snap switches rated at 30 amperes or less shall have over current protection not in excess of 200 amperes. c. Continuous Load. The total on any over current device on a panel board shall not exceed 80 percent of its rating where in normal operation, or where the load will continue for three hours or more. d. Supplied to a Transformer. Where a panel board is supplied through a transformer the over current protection required in RESOLUTION NO. 96-11 MINIMUM STANTIARDS FOR DAY CARE PAGE6 ---PAGE BREAK--- and above shall be located on the secondary side of the transformer. e. Delta Breakers. A three phase disconnect or over current device shall not be connected to the buss of any panel board that has less than three fuses. 6. Lighting Fixtures. Boxes at light fixture outlets used as lighting fixture outlets shall be designed and installed so that a lighting fixture may be properly attached. 7. Flexible Cords. Flexible cords and cables shall conform to the description in Table 4-100-4 of the National Electrical Code. Type of flexible cords and cables other than those listed shall be approved by the Building Official. 8. Receptacle Outlets. (Replacements) Grounding type receptacles shall be used as replacements for nongrounding types and shall be connected to a grounding conductor. 9. Electrical Heating Equipment. (Following with spacing from combustible materials.) Fixed electric space heating equipment shall be installed to provide the required spacing between equipment and adjacent combustible material unless it has been found to be acceptable where installed in direct contact with a combustible materiaL I 0. Outside wiring and proper clearance and insulation. (Wet locations.) a. Insulated conductors used in wet locations shall be of the following approved types of conductors: Lead covered, Types RHW, RUW, TW, THW, THWN, XHW, or Of a type listed for use in wet locations. b. Cables (cables of one or more conductors used in wet locations shall be of the type listed for use in wet locations and when used for direct burial application shall be of a type listed for such use.) I I. Voltage to Ground. (Connection to Grounded System) Premises wiring shall not be electrically connected to a supply system unless the system contains, for any ground conductor interior system, a corresponding conductor which has been properly conducted. RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE7 ---PAGE BREAK--- VI. PLUMBING I. Air Gap. An air gap shall be provided between the lowest opening from a pipe or faucet conveying water or waste to a tank. Plumbing receptor or device may flood level rim of the receptor, such as sinks, wash basins, laundry tubs. Said air gaps shall be as required by the Uniform Plumbing Code. 2. Backflow Connection. All hot water heating systems that use hot water to heat the building directly connected to city water supply system shall have a backflow preventer device installed between the main and the device or appliance located in the structure. Sub-backflow preventer shall be installed in accordance with provisions provided for under the Uniform Plumbing Code. 3. Boiler Blow-Off. Relief valves located inside a building shall be provided with a full size drain of galvanized steel or hard drawn copper pipings and fittings and shall extent from the valve to the outside of the building with the end of the pipe not more than two feet nor less than six inches above the ground and pointing downward. Said drain may terminate at other approved locations, no part of such drain pipe shall be trapped and the terminal end of the drain pipe shall not be threaded. 4. Circuit Vents. A circuit vent is a branch vent that serves two or more traps and extends from in front of the last fixture connection of a horizontal branch to the vent stack. Said circuit vent shall be provided for on such fixtures and accepted and approved by an administrative authority. 5. Cross Connection. Water closet and urinal tanks shall be equipped with an approved ball cock, which shall be installed with a critical level at least one inch above the full opening of the overflow pipe. Where the ball cock has no flush tube, the bottom of the water supply in that should be installed one inch above the full opening of the overflow pipe. Water closets having any portion of the tank below the flood level rim of the closet bowl shall have the ball cock installed in a separate and isolated compartment of the tank, for other approved protection acceptable by the building official. 6. Approved Drainage System. An approved drainage system (drainage piping) includes all piping within public or private premises which conveys sewage or other liquid waste to a legal point of disposal, but does not include the mains of a public sewer RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE8 ---PAGE BREAK--- system. All day care facilities shall be provided with an approved drainage system. 7. Trap Vents. All fixture traps shall be provided with a vent installed to vent the system above the fixture served or terminated to the open air. 8. Health and Safety. Whenever compliance with all the provisions of this code fails to eliminate or elevate a nuisance, or any other dangerous or unsanitary condition which may involve health or safety hazards, the owner or their agent shall install such additional plumbing and drain facilities or shall make repairs or alterations as may be ordered by the administrative authority. 9. Plumbing Fixtures. Continuation of plumbing fixtures shall be of an approved type properly installed, including all devices for the safeguards and/or appliances and properly supplied with water and will properly discharge waste into the drainage system that may be directly or indirectly connected. 10. Trap Seals. All traps shall be designed and constructed so as to provide, when properly vented, a liquid seal which will prevent the back passage of air without materially affecting the flow of sewage or waste water through it. 11. Floor Drains. Floor drains shall connect into a trap so constructed that it can be readily cleaned and of a size to serve efficiently the purpose for which it was intended. The drain in that shall be so located that it is, at all times, in full view. When subject to backflow or back pressure, such drains shall be equipped with an approved backwater valve. VII. FIRE DEPARTMENT REQUIREMENTS A. GENERAL: 1. Housekeeping practices (all facilities shall be provided with m1mmum requirements as listed below): a. There shall be no accumulation of rubbish, combustible materials, etc., on premise or building. b. The attic, basement or space under exit stairways should be free of storage, rubbish, oily rags. RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE9 ---PAGE BREAK--- c. All day care facilities shall be provided with adequate housekeeping in accordance with sections 1 and 2 above and in a manner acceptable to the Moscow Fire Department. 2. Occupant Load. There shall be at least a minimum of 3 5 square feet per occupant of net floor area used by the children which shall include staff and children. 3. Exits. All day care facilities shall be provided with the following exit facilities and maintained in accordance with the requirements of the Moscow Fire Department. a. All stairways, corridors and exits should be cleared and unobstructed. b. Window screens where installed can be removed easily. c. Windows must open easily if used for required exit. d. All exits must be maintained free of snow and ice. e. All new day care facilities shall not be located above the first story. Existing day care facilities that are in existence at the time of the adoption of this Resolution may be excepted under conditions as specified under Part IV, Subsection A, Building Requirements. f. Each floor occupied by the children must have not less than two or more exits which discharge directly to the outside. g. If the story below the floor of exits discharge is used, the exits must be adequate for the number of children in the facility. h. The maximum travel distance to the exits must be in accordance with the following requirements: RESOLUTION NO. 96-11 Between any room door intended as an exit access and an exit shall not exceed 100 feet. Between any point in a room an exit shall not exceed 150 feet. Between any point in a sleeping room or suite an exit access door of that room or suite shall not exceed 50 feet. MINIMUM STANDARDS FOR DAY CARE PAGE 10 ---PAGE BREAK--- i. If children occupy a basement, there must be at least one exit directly to the outside. j. It must be possible to open all closet door latches from the inside. k. It must be possible for all bathroom doors to be readily opened from the outside. I. All stairways must be properly installed, protected and maintained. m. All stairways used as a means of egress must have handrails installed in accordance with the current edition of the Uniform Building Code. B. EMERGENCY LIGHTING: I. All family day care facilities shall be provided with emergency lighting if portions of the building is windowless or if the facility provides nighttime use. 2. All day care facilities must be provided with a minimum of one flashlight. C. FIRE ALARM AND OTHER FIRE PROTECTION FACILITIES All facilities shall be provided with the following requirements as listed under the following sections: I. Smoke detectors shall be installed throughout the building as required by the Moscow Fire Department. 2. All such smoke detectors must be of an approved type hardwired into the electrical system of the building. 3. A telephone must be readily available in all facilities with the Fire Department's emergency number conspicuously posted. Emergency Fire Department number must be left with the operator. 4. Fire prevention inspections must be conducted on a regular basis as predetermined by the Moscow Fire Department with all employees and staff members being aware of said emergency procedures. Fire drills shall be conducted as directed by the Moscow Fire Department with all drills being properly reported and recorded by the day care facility. RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE 11 ---PAGE BREAK--- D. ELECTRICAL MAINTENANCE: l. All electrical wiring in new facilities shall be installed in accordance with the National Electrical Code. 2. All existing facilities shall have all electrical equipment and wiring maintained in accordance with Part 5 of this code entitled Electrical. 3. The use of extension cords is not permitted except as may be provided for under special provisions of the National Electrical Code and approved by the Administrative Authority. 4. All facilities shall be provided with protective receptacle covers in areas used by the children. 5. All day care facilities that may provide nighttime care shall have all sleeping areas compartmentalized adequately in accordance with the Administrative Authority. 6. All vertical openings shall be protected in accordance with the Uniform Building Code requirements, Chapters 17 and 25. 7. Hazardous areas must be separated by construction with a minimum of one hour fire resistant rating. E. INTERIOR FINISH: I. Interior finish for walls, ceilings shall be in accordance with the Uniform Building Code and Life Safety Code. 2. All decorative materials attached to walls or ceilings shall not exceed 20% of the surface area. 3. Window curtains must be flame resistant. 4. Flammable furnishings or decorations must be flame retardant when required by the Life Safety Code. 5. All flammable and combustible liquids must be stored in areas accessible only to the designated individuals. 6. Waste baskets and waste containers must be made of noncombustible materials. RESOLUTION NO. 96-11 MINIMUM STAJ';'DARDS FOR DAY CARE PAGE12 ---PAGE BREAK--- F. BUILDING EQUIPMENT: All facilities shall be provided with the following specified equipment: 1. Fuel supply lines must be equipped with shutoff valves outside the building. 2. Storage and use of flammable liquids, gases or other volatile substances must be in accordance with the Life Safety Code. 3. Kitchen stove, stacks and other heating equipment must be located at a safe distance from wall, ceiling, roof or other combustible materials and installed in accordance with the Uniform Mechanical Code. 4. Hoods, stacks and ventilating equipment must be maintained free from dirt, grease, and dust. 5. All air conditioning equipment, ventilating equipment, heating, cooking and other service equipment must be installed in accordance with the Uniform Mechanical Code. VIII. HEALTH, SAFETY AND SANITATION REQUIREMENTS. 1. All day care facilities are required to be inspected by the North Central Health Department for compliance with Idaho Code 39-1110 and other acceptable public health practices to prevent the spread of communicable disease. 2. Record of immunization of all children who have attended the day care facility fourteen or more days, in accordance with the Ordinance, shall be kept. 3. All facilities shall be kept in a clean and sanitary manner. 4. Children who are ill with a communicable disease must be isolated to prevent the spread of such disease. 5. Diaper changing shall not be done in the food preparation or serving area. Employees shall wash their hands after each diaper change and shall clean and sanitize the diaper changing area. 6. Restrooms shall be kept in a clean and sanitary manner. Soap and single user towels shall be provided for hand washing. The use of a common towel is prohibited. RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE PAGE 13 ---PAGE BREAK--- 7. Domestic style dishwashers shall not be used for sanitizing multiple use utensils, unless proper sanitizing temperatures can be obtained. 8. Proper hygiene practices will be followed during the preparation and serving of any meal or snack as per Section 02.19400.0 I of the Rules Governing Food Sanitation Standards. 9. Staff, Volunteers and employees who have a communicable disease which can be transmitted by food or direct person-to-person contact shall not work in the child care facility. No Staff, Volunteer or employee who is a carrier of an organism that can cause such a disease or is afflicted with a boil, infected wound or acute respiratory illness shall work in a child care facility. 10. It shall be the duty of the operator to inform the Health Department if there is reason to suspect an employee may have such a disease or if there is reason to suspect an outbreak of any communicable disease. I I. Poisonous and toxic materials, including cleaning supplies, shall be stored in a cabinet out of the reach of children. 12. All toxic plants should be kept out of the reach of children. 13. Garbage cans and garbage can storage areas shall be kept in a clean and sanitary manner and shall be disposed of often enough to prevent development of odors and an attraction for insects and rodents. 14. Proper protection shall be taken to prevent plumbing backflow and back siphonage. 15. Pets shall be excluded from the food preparation area. 16. Toys maintained for the children shall be of a type easily cleanable and shall be kept clean and sanitized. 17. Each Facility shall have a first aid kit which contains Ipecac syrup. 18. All knives shall be kept in a secure drawer or placed up and out of the reach of children. 19. All firearms shall be locked up and kept away from children. 20. All dogs and cats shall have current immunizations and the area where children play shall be free of animal waste. RESOLUTION NO. 96-ll MINIM1..JM STANDARDS FOR DAY CARE PAGEI4 ---PAGE BREAK--- 21. Providers caring for infants and toddlers shall have approved safety gates on stairways. 22. Cribs, gates, car seats, walkers, and other such devices designed for infants and toddlers shall be up to current safety standards. 23. Providers shall be required to have completed medical release forms and emergency phone numbers for each child on hand. 24. Licensed day care providers shall comply with state requirements for annual staff and employee training. PASSED by the City Council and APPROVED by the Mayor this 2nd December , 19 reooluti\daycace\sr RESOLUTION NO. 96-11 MINIMUM STANDARDS FOR DAY CARE Paul C. Agidius, Mayor day of PAGE 15