§ 110.31 OPERATION OF A CHILD CARE CENTER.
   (A)   The child-care center permit shall be conspicuously posted on an inside wall of the main facility and shall be continuously displayed for public view.
   (B)   A child-care center shall be operated in accordance with all ordinances of the city and state and federal statutes where applicable.
   (C)   Health records maintained by the facility shall be available for inspection at all times by the regulatory authority. Records of the facility shall include immunization schedules and emergency care permission slips from a parent and guardian for emergency medical treatment of children.
   (D)   The child-care staff, employees and/or drivers shall not be permitted to work while afflicted with infectious diseases or other illnesses which would adversely affect their work or the health of the children. Any child ill with a communicable disease shall be isolated from other children at the child-care center. Persons shall not be permitted in the child-care center whose health status or behavior suggests a hazard to the health, safety, and welfare of others, including symptoms of a contagious illness, a dangerous mental or physical condition, or symptoms of drug or alcohol intoxication.
   (E)   Unanchored mobile homes and upstairs apartments shall not be eligible sites for child-care centers.
   (F)   Child-care centers may not be used in connection with any other operation when the other operation is using the same space concurrently. The child-care center shall not have an interrupted food schedule if a common kitchen is used.
   (G)   The child-care center shall maintain adequate toilet facilities for the children, including tissue, paper towels, clean cloths or mounted, approved hand dryer blowers and soap. A child-care center shall also maintain an adequate amount of first-aid supplies including, but not limited to, soap, antiseptic solutions, absorbent cotton, cotton-tip applicators, tweezers, magnifying glass, sterile gauze, adhesive tape, and adhesive bandages. One medium-sized package or container of each of these first-aid supplies shall be maintained in an unopened reserve at all times. First-aid procedures and supplies shall be applied, including cleaning and bandaging, for any cut or bleeding abrasion of the skin.
   (H)   Each child-care center shall have a fire evacuation plan posted in each room used by the children. The first priority in the event of fire shall be immediate evacuation of the children. Each child-care center shall have an annual fire inspection with a written report submitted to the permittee and the city. Any corrections or deficiencies noted shall be promptly corrected by the permittee. All child-care staff members shall be instructed in emergency procedures as well as the fire evacuation plan. Fire drills shall be held quarterly at different times of the day to test the fire evacuation plan. The building shall be constructed so as to permit fast and safe exit within three minutes in any emergency. The facility shall have at least two exits to the outside located on different sides of the building. Doors opening into a fenced yard shall be able to be easily opened from the inside by the children. Doors between rooms shall not be locked while children are present. Doors and pathways shall not be blocked. Heating devices and their nearby areas shall not be allowed to present any fire hazards. Gas appliances shall have metal tubing and connections unless otherwise approved by the Fire Marshal. Open flame space heaters are prohibited. All gas heaters are to be vented to the outside. Gas pipes shall be tested annually for leaks. Floor furnaces shall be enclosed to keep children away. A copy of the test report shall be available at the child-care center. Smoke detectors shall be installed to provide an effective warning to the building occupants of a fire. The detectors shall be placed as required by the Fire Marshal. Stand-alone single station smoke detectors are permitted in mother's day out programs that operate less than three days per week and in facilities that have less than 50 children in care. Before and after-school care programs providing care for students at a school after normal school hours are not required to provide smoke detectors under this subchapter.
   (I)   The child-care center shall have an annual sanitation inspection. A written report shall be submitted to the city and a copy furnished to the permittee. Any corrections called for in the report shall be made promptly by the permittee.
   (J)   The buildings, grounds and equipment of the child-care center shall be kept in repair and maintained to protect the health and safety of the children. Electrical outlets accessible to children shall be protected with childproof covers or safety outlets when not being used. Playgrounds shall be supervised at all times by a teacher or child-care staff in the same ratio required to be maintained in classrooms. Play areas shall be surrounded by a fence with a minimum height of four feet. The playground area, including all play equipment, shall be maintained in a safe condition. No sharp edges, dangerous protrusions, or other obvious hazards shall be allowed in the play area. Any pool, pond or other body of water greater than ten inches in depth shall be separated from the playground by a fence with a minimum height of four feet. Permittee shall keep all toxic substances, both indoors and outdoors, secure from access by the children. All emergency telephone numbers required by the minimum standards shall be posted by a telephone which is accessible to all child-care staff.
   (K)   Animals are prohibited at all times from food preparation areas, as well as childcare areas and child play areas when children are present or when the animal may present a danger to the children.
   (L)   Bathtubs or showers shall be made available for children staying overnight in a child-care center. Bathtubs or showers used by preschool children shall be supervised at all times when in use. Privacy shall be assured for school age children. Tubs or showers shall be cleaned out after each use. Children shall be provided fresh wash cloths and towels.
      (1)   Toilet fixtures and facilities shall be provided in accordance with the city Plumbing Code.
      (2)   The temperature of any water available to the occupants or patrons of a child-care center shall reach no higher than 120 degrees Fahrenheit.
      (3)   Each lavatory shall be provided with both hot water and cold water.
      (4)   All handwashing lavatories installed after the effective date of this chapter shall be provided with hot and cold water under pressure, tempered by means of a mixing valve or combination faucet. The child-care center must ensure that the temperature of hot water available to children is no higher than 120 degrees Fahrenheit. Self closing or metering faucets shall provide a flow of water for at least 15 seconds without having to be reactivated. Soap and a hand-drying device or disposable towels shall be provided for use by both child-care staff and children.
   (M)   An enrollment agreement shall be obtained for each child prior to admission, filed at the child-care center or before and after-school facility, and the director shall be responsible for assuring that the terms of the agreement related to divisions (1) - (5) below are met. The agreement signed by the parents shall contain:
      (1)   Hours the child shall be in care (not to exceed 12 hours except in an emergency);
      (2)   Notarized emergency medical authorization;
         (3)   Any unique security code or child tracking method;
      (4)   A statement that the child will be released only to a parent or a person named by the parent; and
      (5)   In any instance when the person(s) listed above cannot pick up the child, the procedures described herein shall be followed:
         (a)   The parent or guardian shall phone the child-care center or before and after-school facility, shall identify themselves by using any unique identification code, and shall designate who will pick the child up. The director or child-care staff member shall check the child’s enrollment record to verify the code.
         (b)   The person who picks up the child must identify themselves as follows:
            1.   Shall present photo identification;
            2.   Shall present the parent’s unique security code or child tracking method;
            3.   The unlisted person shall sign the child out; and
            4.   The director or child-care staff shall copy the valid photo identification card or photograph the person before they leave the child-care center or before and after-school facility. The child-care center must provide an operational camera to take necessary photographs.
         (c)   The procedure to release children to unlisted persons as required by the City of Mansfield shall be posted so that it is readily accessible to all child-care staff.
         (d)   In the event that a child is found to be missing from a child-care center, the operator of the child-care center shall report such fact to the City of Mansfield Police regulatory authority immediately.
   (N)   In an emergency occurrence, such as any circumstance that renders all or part of the center unsafe or unsanitary for a child-care center or before and after-school facility (for example, but without limitation, flood, fire, water outage, lack of hot water (120 degrees Fahrenheit), power outage, or sewage backup), the person in charge shall immediately notify the regulatory authority.
(‘78 Code, § 10-57) (Ord. 767, passed 2-8-88; Am. Ord. 1346, passed 4-23-01; Am. Ord. OR-2231-21, passed 12-13-21; Am. Ord. OR-2253-22, passed 5-9-22) Penalty, see § 110.99