A. Carbon Monoxide Detector: Every licensed childcare facility having a flame source utility on their premises shall be required to have a carbon monoxide detector operating at all times in the area where children are present. A multi-floor childcare facility with a flame source utility shall have a minimum of one carbon monoxide detector operating on each floor where any child is present.
B. Responsibility For Special Needs: All licensed childcare workers, owners, chief agents or designated responsible persons shall be responsible for the special needs of all children under their supervision, including:
1. The ability to recognize and respond to potentially hazardous and emergency situations; and
2. The mental and physical capability of assisting and supervising young children, including, but not limited to, the ability to lift children, equipment and supplies, and to quickly move young children out of harm's way.
C. Specific Standards: In addition to all other safety standards contained in this chapter, every childcare facility shall comply with the following health and safety standards:
1. Fire and smoke alarms as required by the City Fire Code shall be present and maintained in good working condition;
2. Fire extinguishers as required by the City Fire Code or the Fire Department shall be present and maintained in good working condition;
3. All exits shall be maintained free and clear of all obstructions, and marked in such a way as to be easily identified and located;
4. A functioning telephone shall be located on the childcare facility premises during hours of operation;
5. Every firearm or other weapon kept, stored or otherwise present on the premises of a childcare facility shall be kept in a locked container that is inaccessible to any child;
6. All cribs must meet Federal safety standards, including those enumerated in 16 CFR sections 1219 and 1220;
7. Every pool, hot tub, pond and other body of water on the property of a childcare facility shall provide the following safeguards:
a. The area surrounding a body of water must be fenced and locked in a manner that prevents access by children and meets the following requirements:
(1) Except as provided herein, the pool, hot tub, pond or other body of water shall be completely surrounded by a fence or barrier at least four feet (4') high, having no vertical opening more than four inches (4") wide, designed so that a young child cannot climb it or squeeze under or through it; and
(2) The required fence or barrier shall:
(A) Include an installed gate that is equipped with a self-closing mechanism that causes the gate to close automatically, and is equipped with a self- latching mechanism, located out of the reach of small children;
(B) Have no gaps, holes or openings that could allow unsupervised entry by any child; and
(C) Have all equipment and mechanisms required by this chapter present and maintained in good working condition.
b. If a house forms one or more sides of the fence or barrier, every door with access to the pool, hot tub, pond or other body of water shall be equipped with an alarm that produces an audible sound when the door is opened.
c. No furniture or other object shall be left near the fence required by this chapter that would enable or allow a child to climb on the furniture or other object to gain access to the pool, hot tub, pond or other body of water.
d. If a pool, hot tub, pond or other body of water is not fenced, gated and locked as required by this chapter, there shall be a secured protective covering placed over it such that access to the pool, hot tub, pond or other body of water by a child is impossible.
e. Wading pools must be empty when not in use by children supervised pursuant to this chapter.
f. Children must be under direct supervision of at least one adult childcare worker while using a pool, hot tub, pond or other body of water.
D. Building And Related Codes: Every building in which a childcare facility is operated shall comply with all applicable building, fire, health and zoning standards provided by law, including the safety standards specifically set forth in Idaho Code section 39-1109(1). Licensing by the City Clerk does not exempt the childcare facility from any other requirements, including Building Code, Fire Code and zoning ordinances. It is a violation of this subsection to operate any childcare facility in contravention of any applicable building, fire, health and zoning standards provided by law.
E. Notification Of Injury: All licensed childcare workers, owners, chief agents or designated responsible persons shall notify parents in a timely manner for any injury to a child while in the care of a childcare facility or provider.
F. More Restrictive Regulations: If any health, sanitation or safety regulation contained in the Idaho Statutes or regulations is more restrictive than this chapter, then the Idaho Statutes or regulations shall control. (Ord. 36-14, 9-30-2014; amd. 2019 Code)