1178.05 MINIMUM REQUIREMENTS.
   In his or her examination of an adult day care center, the Building Official shall ascertain that the following requirements are met:
   (a)   The center has, for each adult, for whom the center is licensed, at least thirty-five (35) square feet of indoor floor space wall-to-wall regularly available for the adult day care operation exclusive of any parts of the structure in which the care of adults 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 safely accessible a safe outdoor space which is enclosed by a fence or otherwise protected from traffic or other hazards, contains not less than thirty (30) square feet per adult using such space at any one (1) time, and provides an opportunity for supervised outdoor activity 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 adults shall be closely supervised both during play and while traveling to and from the area.
   (c)   Outdoor playgrounds, 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 an adult day care center is mentally and physically able to perform his/her duties. Neither the administrator nor any employee has been convicted of abuse or other crime involving moral turpitude. The administrator and each employee 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 or employee 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 adults with physical impairments and/or disabilities;
      (3)   Immunized against poliomyelitis and diphtheria. An employee may be exempted from the immunization requirement upon filing a written request with the center.
      Adults related to the operator and/or 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.
   (e)   The administrator and all employees meet all state licensing requirements. All adult care staff members have completed high school or completed a training program approved by the state. Records of names and addresses of all adult day care staff members and other employees shall be maintained and available to city officials. The administrator shall be certified for CPR.
   (f)   Parents or guardians are permitted to visit adult care center during reasonable hours while it is in operation.
   (g)   The administrator keeps records of the adults attending the center, including the name and birth date of each adult, the names, addresses, working addresses, telephone numbers, and emergency contacts of each sponsor or guardian, and the health record and daily attendance record of each adult.
   (h)   An adult care staff member in charge of an adult or group of adults shall be responsible for their supervision and safety.
   (i)   One sign, not exceeding four (4) square feet in area and mounted flush against the building, shall be permitted.
   (j)   Within a residential zoning district, no new adult day care center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.
   (k)   No room shall be used for adult day care purposes unless:
      (1)   It has windows facing open space and has a total glass area of not less than five percent (5%) 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 adult day care facility, the number of adults 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 adult day 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.
   (l)   Each adult day 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 eight (8) adults using any adult care center.
   (m)   All portions of every room used for adult 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 adult clients.
   (n)   The common use of washcloths, towels, bed linens, combs, toothbrushes, hair brushes, drinking cups or other utensils by the adults is prohibited in any adult day care center.
   (o)   No adult day 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 adult remain at the center longer than twelve (12) hours on any given day. (Ord. 2019-007. Passed 3-19-19.)