6.04.120: PHYSICAL FACILITIES:
   A.   All places, homes, buildings or locations wherein daycare services are licensed pursuant to this chapter shall conform to the building and fire codes, as adopted and amended by the city and as interpreted by the building official and fire chief in their discretion. However, said places, homes, buildings or locations shall conform to the state fire safety standards for daycare, IDAPA 18G.55, if any of those standards are more stringent than those adopted from time to time by the city.
   B.   All places, homes, buildings or locations wherein daycare services are licensed pursuant to this chapter shall comply with the health standards adopted from time to time by the Southeastern district health department pursuant to Idaho Code 39-1110 and 39-1111.
   C.   All places, homes, buildings or locations wherein daycare services are licensed pursuant to this chapter shall comply with title 18 of this code.
   D.   Outdoor play areas shall abut the physical facility and shall be enclosed at any places, homes, buildings or locations wherein daycare services are licensed pursuant to this chapter.
   E.   All places, homes, buildings or locations wherein daycare services are licensed pursuant to this chapter shall have a safe and reliable water supply which complies with the rules of the Southeastern district health department and shall be supplied with reasonable articles for personal hygiene such as hot water, soap, and either paper towels, multiple use towels, or hot air dryers.
   F.   Daycare facilities located in an owner occupied residence as a home occupation shall be limited to the lesser of twelve (12) children or children totaling twelve (12) points under the statutory point system of Idaho Code section 39-1109. For purposes of this section, the children of the provider or any employee shall be included and counted.
   G.   Daycare operations shall not be located above or below the main floor unless in compliance with the existing requirements of Idaho administrative procedure act (IDAPA) section 18, title 01, chapter 55, paragraph 011.
   H.   No smoking shall be allowed inside any daycare facility while services are being provided.
   I.   The following standards shall be observed:
      1.   Walls, ceilings, floors, and other surfaces throughout the daycare facility shall be maintained free from visible soil, and in a clean condition;
      2.   Indoor environmental surfaces associated with children's activities, such as tabletops, shall be cleaned and disinfected when they are soiled or at least once weekly;
      3.   Carpets and floors shall be maintained in good repair;
      4.   Floors, except those carpeted, shall be vacuumed or swept and mopped with a sanitizing solution at least daily and when soiled;
      5.   Carpeting, rugs, or throw rugs shall be maintained free from visible soil.
   J.   The facility must have current fire and liability insurance coverage and such shall be provided at the time of the initial licensing and proof thereof as from time to time requested by the city or any user of the facility. (Ord. 715, 2012)