§ 717.05  BUILDING REQUIREMENTS; PLAY AREAS.
   (a)   (1)   All rooms used in the operation of a day-care facility shall be 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 day-care facility, the number of children using such facility, the location of doors and stairways, the aggregate openable areas of windows ventilating such area and all other factors relating to ventilation.
      (2)   All rooms used in the operation of a day-care facility shall have sufficient light therein for general day-care facility purposes. All areas used for reading, writing, drawing and other similar close work shall be lighted to a level of at least 20 foot- candles at work level.
      (3)   All day-care facilities shall be provided with approved heating facilities capable of maintaining an average temperature of 70°F when the outdoor temperature is -5°F without forcing the facilities to operate in excess of their designed capacity. Sufficient heat shall be supplied in all rooms used for day-care purposes to maintain an inside temperature of not less than 70°F whenever the outside temperature falls below 50°F. Such inside temperature shall be measured in the approximate center of each room approximately three feet above the floor.
   (b)   Provisional use of basements for child care facilities shall be allowed providing, and upon the full examination of the city’s agent, there is adequate ventilation, lighting and means of egress.
   (c)   Each day-care facility shall be adequately supplied with hot and cold water and toilet facilities within the building. There shall be a minimum of one toilet for each ten children using any day-care facility.
   (d)   The child care center and Type A home shall have, for each child for whom the center or home is licensed, at least 35 square feet of usable indoor wall-to-wall floor space regularly available for the child day-care operation exclusive of any parts of the structure in which child day-care is prohibited by law or by rules adopted by the Board of Building Standards, Department of Industrial Relations.
      (1)   (Except as noted in division (d)(2) below), usable indoor floor space shall not include hallways, kitchens, storage areas or any other areas not available for the care of children. Bathrooms shall be included only if they are used exclusively by children enrolled in the center.
      (2)   Usable indoor floor space for the following centers may include hallways, kitchens, storage areas, bathrooms not exclusively used by children enrolled in the center and other areas not available for the care of children:
         A.   Centers or homes licensed on or before September 1, 1990 that are issued a new license after that date;
         B.   Centers or homes licensed on or before September 1, 1990 that are issued a new license after September 1, 1990, solely due to a
change of ownership of the center; and
         C.   Centers or homes licensed prior to September 1, 1990, that are issued a new license on or after September 1, 1990, solely due to failure to file a timely renewal application when the owner of the center submits an application for license prior to the expiration of the current license.
      (3)   WALL-TO-WALL SPACE means the total space in each area exclusive of interior walls.
   (e)   The center or home shall provide an opportunity for supervised outdoor play each day in suitable weather. The center shall have on-site or easily and safely accessible a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards. The outdoor play area shall provide at least 60 square feet of usable space per child using the play area at any one time, regardless of the number of children for which the facility is authorized to serve. The city’s agent may exempt a center or Type A home from the requirements of an outdoor play space if an outdoor play space is not available, but there shall be regularly available and scheduled for use a conveniently accessible and safe park, playground or similar outdoor play area. The children shall be closely supervised during play and while traveling to and from the area.
(Ord. 60-90, passed 6-19-1990)