1177.05 MINIMUM REQUIREMENTS.
   In his or her examination of a child care center, the Building Commissioner shall ascertain that the following requirements are met:
   (a)    The center has, for each pre-school child, school-age child and infant for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the child care operation exclusive of any parts of the structure in which the care of children is prohibited by law or by regulations adopted by the Ohio Board of Building Standards.
   (b)    The center has on the site or easily and safety accessible a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than sixty (60) square feet per pre-school and school-age child using such space at any one (1) time, and provides an opportunity for supervised outdoor play each day in suitable weather. If an area, such as a park or playground, not connected with the center is used for play or recreation, the children shall be closely supervised both during play and while traveling to and from the area.
   (c)   Outdoor playgrounds, tot lots, exercise areas, etc. shall be fully enclosed by a fence, the height and design of which shall be approved by the Planning Commission.
   (d)   The administrator and every employee of a child care center is mentally and physically able to perform his duties. Neither the administrator nor any employee has been convicted of child abuse or other crime involving moral turpitude. The administrator and each employee or co-op mother has been examined by a licensed physician not more than thirty (30) days before employment and annually thereafter and there is on file at the center a statement signed by the physician certifying the administrator, employee or co-op mother to be:
      (1)   Free from communicable disease, including tuberculosis, verified either through negative tuberculin skin test or by negative chest x-ray;
      (2)   Physically fit for employment in a facility caring for young children;
      (3)   Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center.
   (e)   The center has at least two (2) responsible adults available on the premises at all times when five (5) or more children are in the center. The children are organized in small groups and a child care staff provided to give continuity of care and supervision to the children on a day-to-day basis. The maximum number of children per child care staff member, for each separate category by age of children is as follows:
 
(1)
Under eighteen (18) months
4
(2)
Eighteen (18) months but under three (3) years
7
(3)
Three (3) years but under five (5) years
10
(4)
Five (5) years and older
15
Children of the operator and of staff members, who attend the center or are on the premises for supervision and care, are included in the determination of staff requirements and group capacity.
   (f)   The administrator has at least a high school education and has completed at least two (2) years of training in an accredited college, university or technical college, including courses in child development, or has at least two (2) years' experience in supervising and giving daily care to children attending an organized group program including at least two (2) years of such experience in working with the age level children for which they will have responsibility. All child care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all child care staff members and other employees shall be maintained and available to city officials.
   (g)   Parents or guardians are permitted to visit a child care center during reasonable hours while it is in operation.
   (h)    The administrator keeps records of the children attending the center, including the name and birthdate of each child, the names, addresses, working addresses, telephone numbers, and emergency contacts of each parent or guardian, and the health record and daily attendance record of each child.
   (i)    A child care staff member in charge of a child or group of children is responsible for their safety and discipline.
   (j)    One sign, not exceeding four (4) square feet in area and mounted flush against the building shall be permitted.
   (k)    Within a residential zoning district, no new child care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.
   (l)   No room shall be used for child care purposes unless:
      (1)   It has windows facing open space and has a total glass area of not less than five percent of the total floor area of the room in which such windows are located.
      (2)   It is adequately ventilated and free from drafts. In determining the adequacy of ventilation, the area and volume of the rooms used shall be considered together with the type of child care facility, the number of children using such facility, the location of doors and stairways, the aggregate openable area of windows ventilating such area and all other factors relating to ventilation.
      (3)    It has sufficient light therein for general child care purposes. All areas used for reading, writing, drawing and other similar close work shall be lighted to a level of at least twenty (20) foot candles at work level.
      (4)    It is provided with approved heating facilities capable of maintaining an average temperature of seventy (70) degrees Fahrenheit when the outdoor temperature is minus five (-5) degrees Fahrenheit without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms to maintain an inside temperature of not less than seventy (70) degrees Fahrenheit whenever the outside temperature falls below fifty (50) degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three (3) feet above the floor.
   (m)   Each child care center shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one (1) toilet for each ten (10) children using any child care center.
   (n)   All portions of every room used for child care purposes shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind or any conditions that may be harmful to the children.
   (o)    The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups or other utensils by the children is prohibited in any child care center.
   (p)    No child care center shall be open between the hours of 8:00 p.m. and 6:00 a.m., unless this requirement is waived by the Planning Commission. In no case shall any child remain at the center longer than twelve (12) hours on any given day.
      (Ord. 2002-111. Passed 9-3-02.)