Chapter 8.18
DAY CARE CENTERS AND HOMES
Sections:
8.18.020 State licensing standards adopted.
8.18.070 Water, sewage and plumbing.
8.18.080 Toilet and lavatory facilities.
8.18.110 Animal care and pest control.
8.18.140 Diapering of children.
8.18.180 Application for license.
8.18.190 Compliance with standards.
8.18.010 Definitions.
A. Within the village of Riverdale the number of day care centers shall be limited to a total of twelve and the number of day care homes shall be limited to a total of fifteen. The purpose of the above limitations is to insure that these facilities and the concentration of young children housed at these facilities do not overburden the police and fire services which can be provided by the village in the event of emergencies. Once the maximum number of facilities is reached in each category, no further licenses shall be issued by the village.
B. Day care centers and day care homes shall be licensed by the village under Chapter 5.04 RMC, except that RMC 5.04.080 shall not apply.
C. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning.
1. “Approved” means that which is acceptable and approved by the authority having jurisdiction.
2. “Attendance” means the total number of children present at any one time.
3. “Capacity” means the maximum number of children allowed to be present at the day care center at any one time set by the State Department of Children and Family Services or its successor agency.
4. “Child” means any person under eighteen years.
5. “Child development staff” means all staff members providing direct care and services to the children in the facility.
6. “Cot” means portable bed, mattress, cushion, or similar pad that a child may use for sleeping or resting which may be placed directly on the floor or elevated not more than twelve inches above the floor.
7. “Day care center” means any childcare facility which regularly provides day care for less than twenty-four hours per day for: (i) more than eight children in a family home, or (ii) more than three children in a facility other than a family home. The term does not include the following:
a. Programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning, which serve children who shall have attained the age of three years.
b. A program or that portion of the program which serves children who shall have attained the age of three years and that is recognized by the State Board of Education.
c. Educational programs serving children who shall have attained the age of three years and which are operated by a school which is registered with the State Board of Education and which is recognized or accredited by a recognized national or multi-state educational organization or association which regularly recognizes or accredits schools.
d. A program which exclusively serves or that portion of the program which serves handicapped children who shall have attained the age of three years but who are less than twenty-one years of age and that is registered and approved as meeting standards of the State Board of Education and applicable fire marshal standards.
e. Facilities operated in connection with a shopping center or service, religious services, or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available.
f. Any type of day care center that is conducted on federal government premises.
g. Special activities programs, including athletics, crafts, instruction and similar activities, conducted on an organized and periodic basis by civic, charitable and governmental organizations.
8. “Day care homes” means family homes, which receive not more than eight children for care during the day. The maximum of eight children includes the family’s natural or adopted children under age sixteen and those children who are in the home under full-time care.
9. “Department” or “the department” means the village health department.
10. “Employee” means a paid member of the child development staff.
11. “Enrollment” means the total number of children served by the facility on either a part-time or full-time basis. (Ord. 2010-09 § 1, 2010; Ord. 2002-29 § 1, 2002)
8.18.020 State licensing standards adopted.
There is adopted by reference the licensing standards of the State Department of Children and Family Services for day and night care centers, and for day care homes, and all subsequent amendments thereto except as provided in this chapter. Three copies of the licensing standards are on file with the health and human resources officer. (Ord. 2002-29 § 1, 2002)
8.18.030 Physical facilities.
A. Day care centers shall provide for off-street parking spaces to be utilized by parents or others dropping off and picking up children. Because day care centers are generally located on business or commercial streets, double-parking of vehicles at drop-off and pick-up times will not be allowed and adequate plans must be submitted to the village prior to operation of the center evidencing satisfactory parking space for this purpose. In no event shall a day care center be allowed to begin operations without submittal to the village and approval by the village of the drop-off and pick-up parking plans.
B. The physical facilities of childcare homes that are provided both indoors and outdoors shall be designed to protect the health and safety of the occupants and shall meet or exceed the following requirements:
1. The building housing a day care center shall be approved prior to occupancy by the village health, fire and building authorities.
2. The portion of the building to which children from the center have access shall be used solely for a program of childcare during the hours that the center is in operation; provided, however, that the facilities may be used for other purposes or by other persons when the children enrolled are not present.
3. Any interior or exterior painted surface, including walls, floors, ceiling, equipment, toys, furnishings and cribs, shall be maintained in good order and free of lead paint.
4. Electrical outlets within the reach of children shall be covered to render them shockproof.
5. A telephone shall be on the premises, easily accessible for use in an emergency. Emergency phone numbers shall be posted next to the phone. (Ord. 2002-29 § 1, 2002)
8.18.040 Indoor space.
Indoor space of a childcare home shall be provided in such a manner as to conduct the programs and activities of the center in a safe and comfortable environment and shall meet or exceed the following:
A. There shall be a minimum of thirty-five square feet of activity area for each child in a center for normal children two years of age and over. Such area shall not include space for exit passages and fire escapes, which must be unobstructed, or administrative space, storage areas, bathroom, kitchen or other space required for equipment that is not used for direct activity with children.
B. When the cots are in use, there shall be at least two feet of space on at least two sides between the cots.
C. Storage space shall be provided for cots, bedding and other equipment.
D. All rooms or spaces shall be equipped and furnished in such a manner as to reduce and absorb noise.
E. Any thermal hazards (radiators, hot water pipes, steam pipes, heaters) in the space accessible by children shall be out of reach of the children or shall be separated from the space by partitions, screens or other means.
F. During the heating season and during periods of occupancy by children, the room temperature shall not be less than sixty-eight degrees Fahrenheit and not more than seventy-four degrees, measured three feet above the floor. The facility shall be provided with natural or mechanical ventilation out of the reach of the children.
G. Areas where children read, paint, or participate in other activities requiring close eye work shall be equipped with lighting sufficient to provide a minimum of seventy-five foot candles, measured two feet above the floor. Artificial light sources shall be protected from hazards of breakage by installation of covers or shields. Other areas may be provided with lighting of less intensity, depending on the usage: provided, however, the average foot candles for the entire activity area shall be at least fifty foot candles measured two feet above the floor.
H. Windowsills shall be a minimum of two feet above the floor or shall be made inaccessible to children by means of screens, partitions or similar means. All windows shall be equipped with drapes, Venetian blinds, or adjustable shades. (Ord. 2002-29 § 1, 2002)
8.18.050 Furnishings.
Furnishings and equipment in childcare centers shall be durable, safe and scaled to the size of the children and shall meet or exceed the following:
A. Child sized chairs shall be used.
B. Tables shall be of appropriate heights and of a size to comfortably accommodate a small group of not more than eight to ten children.
C. Lockers, cubicles, or separate hooks and shelves shall be provided for each child’s personal belongings, including towels, washcloth and toothbrushes.
D. Low, open shelves for play materials and books shall be provided within easy reach of the children.
E. Storage for surplus toys and supplies not in use shall be provided.
F. A cot shall be provided for each child in an all day program. (Ord. 2002-29 § 1, 2002)
8.18.060 Outdoor space.
An outside play area shall be provided on the premises of the childcare center and shall meet or exceed the following:
A. The total play area shall accommodate at least twenty-five percent of the licensed capacity at one time.
B. There shall be a minimum of seventy-five square feet of safe outdoor play area per child for the total number of children using the area at any one time.
C. Play space shall be safely enclosed or otherwise protected from traffic and other hazards, with protective surfaces in areas where climbing apparatus is used and with surfaces suitable for children’s wheeled vehicles and pull toys.
D. Play areas shall be well drained and maintained in a safe, clean and sanitary manner.
E. There shall be opened and sheltered areas to permit children to enjoy activities in either sun or shade and to protect them from excessive exposure.
F. If an area not connected with the facility, such as a public park or play or recreation, the children shall be closely supervised both during play and while traveling to and from the area.
G. Outdoor equipment shall be so placed as to avoid collisions and accidents while still permitting freedom of action by the children.
H. Supports for climbing apparatus and large equipment shall be securely fastened.
I. Sand boxes, if provided, shall be covered when not in use and shall be cleaned daily of animal fecal matter if present.
J. Outdoor storage shall be available for equipment not permanently secured to the ground, unless indoor storage space is available. (Ord. 2002-29 § 1, 2002)
8.18.070 Water, sewage and plumbing.
A. In a childcare center, water, sewage disposal and plumbing must comply with applicable requirements of the village and the state plumbing codes.
B. Drinking water shall be available to children of all ages from an approved fountain and/or individual disposable cups. (Ord. 2002-29 § 1, 2002)
8.18.080 Toilet and lavatory facilities.
In a childcare center, toilets and lavatories shall be readily accessible to the children and shall meet or exceed the following:
A. If toilets and lavatories are not child sized, safety steps shall be provided.
B. Hot and cold running water shall be provided.
C. Mild soap and individual towels shall be available and used. Common towels and bar soap are prohibited.
D. Hot water supplied to lavatories, bathing facilities, and other plumbing fixtures used by children shall be tempered or thermostatically controlled to not exceed one hundred twenty degrees Fahrenheit.
E. The following ratio of lavatories and toilet facilities shall be provided.
|
Number of Children in Daycare Facility |
Toilets |
Lavatories |
|---|---|---|
|
1 – 10 |
1 |
1 |
|
11 – 25 |
2 |
2 |
|
26 – 50 |
3 |
3 |
|
51 – 75 |
4 |
4 |
|
76 – 100 |
5 |
5 |
|
101 – 125 |
6 |
6 |
|
126 – 150 |
7 |
7 |
|
151 – 175 |
8 |
9 |
E. Bathroom locks shall open from the outside.
F. Toilets shall be within close proximity to the children’s activity areas. If this is not possible in existing facilities, an adult shall accompany children four years of age and younger. (Ord. 2002-29 § 1, 2002)
8.18.090 Food services.
If food is served, the facilities must meet the requirements of the Municipal Code governing food service establishments. (Ord. 2002-29 § 1, 2002)
8.18.110 Animal care and pest control.
Animal care and pest control shall be maintained at all times in a childcare center and shall meet or exceed the following:
A. All outside doors, operable windows, and other openings shall be screened during seasons requiring insect control; doors with operable self-closing devices need not be screened.
B. Chemicals for insect and rodent control shall not be applied and may not be present in areas accessible to children when children are present in the facility.
C. There shall not be any turtles, dogs or cats or psittacosis birds (birds of the parrot family) at the center. All pets shall be cared for as recommended by the State or local Department of Public Health.
D. No live animals or fowl shall be kept or allowed in the kitchen.
E. Animal cages shall be of an approved type with false bottoms and kept clean. (Ord. 2002-29 § 1, 2002)
8.18.120 Housekeeping.
The facilities of the childcare center shall be cleaned daily and kept in a sanitary condition at all times and shall meet or exceed the following:
A. The facility shall provide necessary cleaning and maintenance equipment.
B. Toys, table tops, furniture and other similar equipment used by children shall be easily cleanable and shall be washed and sanitized when they become soiled or contaminated with matter such as food, body secretions and/or excrements.
C. Cleaning equipment, cleaning agents, aerosol cans and other hazardous chemicals and substances shall be stored in a space designated solely for this purpose and shall be inaccessible to children.
D. For safety purposes, all cleaning and sanitizing agents and the procedures for use shall be approved by the department.
E. Exit areas shall be kept clear of equipment and debris at all times.
F. Only equipment necessary to the operation and maintenance of the establishment shall be stored on the premises, unless stored in a clean condition in a room used only for that purpose. (Ord. 2002-29 § 1, 2002)
8.18.130 Sleeping areas.
A child day care facility shall provide a separate crib, bed or cot for each child, which shall meet or exceed the following:
A. Cots, cribs, or beds used by children in a day care facility may be used for other children at night if separate sets of clean sheets and other bedding are provided each user and if cots, cribs or beds have been aired and freshened.
B. Clean sheets or blankets shall be provided at least once a week or as frequently as needed when wet and soiled.
C. Waterproof mattress covers or under sheets for cribs, beds or canvas cots shall be provided for all children who are bed wetters.
D. Each cot, bed, or crib shall be identified with the name of the child. (Ord. 2002-29 § 1, 2002)
8.18.140 Diapering of children.
In a childcare center, the diapering of children shall be accomplished in a safe and sanitary manner in accordance with the following:
A. Diapering Area.
1. The following equipment shall be provided for the diapering area:
a. If a child has his own cot and no other child used that cot, that surface should be used to change the child’s diaper.
b. If the child’s cot is not used, a firm, safe table that can be cleaned and sanitized may be used.
c. A hand washing sink adjacent to the table with foot or knee control, not wrist control, shall be provided.
d. A covered container for soiled disposable items within reaching distance of the table shall be provided.
e. A covered laundry hamper shall be provided.
f. Solutions, toweling, etc., should be kept on a convenient shelf out of reach of children.
2. If a table is used, the table surface shall be clean from the previous diapering and one that has been washed with fresh solution and dried and covered with clean newspaper, examining table paper or clean cloth pads.
3. After diapering is completed, the table covering should be discarded and the table cleaned and sanitized and diapers disposed of as follows:
a. Disposable diapers should be discarded in a container close at hand.
b. If cloth and using a diaper service, instructions of the service should be followed.
c. If using own cloth, fecal matter should be rinsed in the toilet and the diaper placed to soak in an approved chlorine solution.
4. Cleaning of the child’s skin shall be accomplished as follows:
a. Cleanse the skin with mild soap and water.
b. A washcloth used for cleaning, if not disposable, must be placed immediately with soiled linens for laundering.
B. Safety Precautions.
1. The solution (dophor, phenolic or chlorine) used for sanitizing the table surface shall be kept out of the reach of the children.
2. The solution shall be poured directly onto the table surface or to a clean cloth.
3. The safety of the child while on the changing surface must be considered at all times. Straps or rails must be provided.
4. Aerosol solutions are not allowed. (Ord. 2002-29 § 1, 2002)
8.18.150 Health and safety.
The following shall be required in each facility to protect the health and safety of children in the day care center:
A. A first aid kit and a chart or handbook of first aid instructions shall be available for staff use. Training in Red Cross Standard or multimedia first aid and CPR is required for one staff member on each shift.
B. Each facility must include a designated area for children who become ill. Such space shall be adequately ventilated and heated and equipped with a bed or cot and materials that can be sanitized easily. Linens and disposable paper shall be changed after each use. If the area is not a separate room, it shall be separated from space used by other children by a partition, screen, or other suitable means. It shall be in close proximity to toilet and lavatory facilities and where health and sanitation measures can be carried out without interruption of activities of other children and staff. Sick children must not be left unattended.
C. All medicines shall be stored away from the reach of children and shall be properly labeled and placed in watertight containers used solely for the storage of medicines. (Ord. 2002-29 § 1, 2002)
8.18.160 Enforcement.
A. Whenever the health department finds a violation of any section contained in this chapter, it shall issue a written notice to the license holder or operator citing such violation and specifying the corrective action to be taken. The license holder or operator shall then have ten days to correct the cited violation.
B. If the health department discovers a substantial hazard to the public health, the health officer for the department shall immediately inform the owner or operator of the day care center of the existing condition of the premises and order that the day care center close its operation until the condition is remedied. When the condition has been remedied, the department of health shall inspect the premises within a reasonable period of time and, upon finding that the condition of the day care center meets the standards contained in this chapter, shall allow the day care center to continue its operation.
C. A substantial hazard to the public health may consist of the following:
1. Interruption of electrical, sewer or water service;
2. Severe infestation of insects or rodents;
3. A confirmed food-borne illness due to the day care center’s food service;
4. Confirmed communicable diseases; or
5. Severe unsanitary conditions of the premises. (Ord. 2002-29 § 1, 2002)
8.18.170 License required.
A. No person shall maintain or operate a day care home or day care center within the village without first having obtained a license for such facility from the State Department of Child and Family Services or its successor agency and a business license from the village.
B. The health officer of the department is responsible for seeing that the standards for a license are met and maintained by all licensed childcare facilities operating in the village. (Ord. 2002-29 § 1, 2002)
8.18.180 Application for license.
An application for a license required under this chapter shall be made in conformity with the general requirements relating to applications for licenses. Such application shall contain the following:
A. The location of the day care center for which a license is sought;
B. The number of children to be cared for;
C. The name and address of the applicant if an individual, and if a firm, partnership or association of every member thereof, and if a corporation the principal address of the corporation and the names and addresses of its officers; and
D. The name of the person under whose management or supervision the day care center will be conducted. (Ord. 2002-29 § 1, 2002)
8.18.190 Compliance with standards.
A. The premises and facilities used in day childcare home or center shall comply with all building, zoning, fire, health and sanitation regulations of the village.
B. The day care home shall comply with the program standards as set forth in the State Department of Children and Family Services Licensing Standards for Day Care Homes. (Ord. 2002-29 § 1, 2002)