HomeMy Public PortalAboutTitle 6, Chapter 03- Day CareTITLE 6 IONA CITY CODE
CHAPTER 3 (Revision: December 7, 2023) Page 149
CHAPTER 3 Day Care
SECTION:
6-3-1: Purpose
6-3-2: Definitions
6-3-3: Exit Requirements
6-3-4: Additional Exit Requirements for Facilities with more than Fifty Children
6-3-5: Evacuation Plan
6-3-6: Fire Extinguisher Requirements
6-3-7: Telephone Requirements
6-3-8: Smoke Detector and Fire Alarm Requirements
6-3-9: Flammable Materials
6-3-10: Freestanding Fireplaces and Woodburning Stoves
6-3-11: Address Number
6-3-12: Inspection and Certification; Inspection Fee
6-3-13: Liability
6-3-1: PURPOSE. The purpose of this Chapter is to provide a means for certifying that
Day Care Facilities within the City comply with the minimum fire safety standards established by
Idaho Code Sections 39-1109 and 39-1114 and the minimum standards established in this Chapter.
The standards set forth in this Chapter are not intended to establish a level of fire safety that meets
any nationally recognized standards or otherwise establishes the level of care owed by the operator
of a Day Care Facility to any child for whom care or supervision is provided at such facility. The
provisions of this Chapter are not intended to impose on the City or any of its officials or employees
any special duty to enforce the standards contained in this Chapter, for the benefit of any child for
whom such care or supervision is provided at Day Care Facilities.
6-3-2: DEFINITIONS. For the purpose of this Chapter, certain words and phrases are
defined as follows:
APPROVED: Approval by the Chief of Police or his
authorized representative based on
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inspections, investigation tests conducted
by him or her or on accepted principles or
tests by national authorities, technical or
scientific organizations as defined in the
Uniform Fire Code.
CHILD: A person less than twelve (12) years of age.
CITY: The City of Iona.
DAY CARE: Care and supervision provided for
compensation, during part of a twenty-four
(24) hour day, for a child or children not
related by blood or marriage to the person
or persons providing the care, in a place
other than the child's or children's own
home or homes.
DAY CARE CENTER: A place or facility providing day care for
compensation for thirteen (13) or more
children.
DAY CARE FACILITY: A day care center or group day care facility
as defined in this Chapter, but not a “family
day care home” as defined in Idaho Code
Section 39-1102(9) now in force or
subsequently amended.
FIRE INSPECTOR: A person appointed by the Council to make
inspections as provided by this Chapter.
GROUP DAY CARE
FACILITY:
A home, place or facility providing day
care for compensation for seven (7)
through twelve (12) children.
OCCUPANT LOAD: A figure calculated by dividing the square
footage of space between the interior face
of the exterior walls of that portion of a
building used for day care by a factor of 35.
The occupant load of any room in a Day
Care Facility equipped with fixed seating
shall equal the number of fixed seats.
6-3-3: EXIT REQUIREMENTS. All Day Care Facilities located within the City shall
meet the following exit requirements:
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(A) Day Care Facilities shall have a minimum of two (2) exit doors located such that they
provide an unobstructed path outside the building to a public way or a safe area away from
the building.
(B) The distance between required exit doors shall be not less than one-half (1/2) the diagonal
dimension of the building or portion used for day care and shall not exceed seventy-five
(75) feet, except under the following conditions:
(1) If the building is protected throughout with approved smoke detectors, the
maximum distance between required exit doors may be extended to ninety (90) feet.
(2) In buildings equipped with an approved automatic fire sprinkler system, the
maximum distance between required exit doors may be extended to one hundred
ten (110) feet.
(C) Required exit doors shall provide a clear opening not less than thirty-two (32) inches wide
and shall be not less than six (6) feet, eight (8) inches in height measured from the floor.
(D) Required exit doors shall not be locked when children are in the Day Care Facility and
shall be designed and constructed so that they can be opened from the inside without the
use of a key or any special knowledge or effort.
(E) Required exit doors shall not be of the sliding patio door type, except that a sliding patio
door may serve as the second required exit door in a Group Day Care Facility.
(F) All rooms in Day Care Facilities used for Day Care purposes, other than bathrooms or
closets, shall have at least one (1) emergency egress window that provides an unobstructed
path outside the building to a public way or safe area away from the building. An exit door
located in a room used for Day Care purposes and meeting the standards for required exit
doors may be used in lieu of a required emergency egress window.
(G) Emergency egress windows in rooms used for Day Care purposes shall have a minimum
net clear opening of five and seven-tenths (5.7) square feet, a minimum width of twenty
(20) inches and a minimum height of twenty-four (24) inches, and shall have a maximum
finished sill height of forty-four (44) inches measured from the floor level.
(H) Any emergency egress window whose sill height is below grade level of the ground outside
the window shall have a window well on the outside of the building and immediately
adjacent to the window. The window well shall have a minimum length of thirty-six (36)
inches measured along the building and shall be at least as long as the width of the window.
The window well shall have a minimum width of thirty (30) inches measured from the
outside wall of the building. The depth of the window well shall extend down to at least
the sill height of the window. Any window well whose depth exceeds eighteen (18) inches
as measured from grade level shall be equipped with a stairway that meets the requirements
of Section 3306(c) of the Uniform Building Code, 1985 Edition, as adopted by the City.
Window wells for emergency egress windows shall be designed and located so as not to
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interfere with or obstruct opening the window and so as to provide an unobstructed path
outside the building to a public way or safe area away from the building.
(I) Emergency egress windows shall be operable from the inside without the use of separate
tools.
(J) If any portion of a Day Care Facility is located in a basement, there shall be at least two (2)
exits from the basement. At least one of these exits shall open directly to the outside and
shall be an exit door or emergency egress window meeting the standards contained in this
Section.
(K) Day care is prohibited on any floor above the first floor of a building, except that day care
may be permitted on the second floor of a building but only if the building is protected
throughout by an approved automatic sprinkler system and has at least two (2) exit doors
leading directly from the second floor level to the outside.
6-3-4: ADDITIONAL EXIT REQUIREMENTS FOR FACILITIES WITH MORE
THAN FIFTY CHILDREN. Any Day Care Facility with more than fifty (50) children shall
meet the following requirements in addition to the exit requirements set forth in Section 6-3-3:
(A) All required exit doors shall swing in the direction of egress.
(B) An approved exit sign shall be installed at each required exit doorway. Additional exit
signs may be required if, in the judgment of the Fire Inspector, they are necessary to clearly
indicate the direction of egress.
(C) Exit doors from rooms with an occupant load of fifty (50) or more, if provided with a latch,
shall have approved panic hardware.
6-3-5: EVACUATION PLAN. A diagram showing an emergency evacuation plan shall
be posted in a conspicuous location on each floor of every Day Care Facility. The diagram shall
show a floor plan of the Day Care Facility, the location of all emergency exit doors and windows,
and the path of travel to each emergency exit door or window. The location at which the diagram
is posted shall be clearly marked on the diagram.
6-3-6: FIRE EXTINGUISHER REQUIREMENTS. Day Care Facilities shall be
equipped with approved portable fire extinguishers as follows:
(A) There shall be at least one (1) portable fire extinguisher (minimum 2A-10BC) for each
fifteen hundred (1,500) square feet of floor space in the facility. The travel distance
between any two fire extinguishers shall not exceed seventy-five (75) feet.
(B) Required fire extinguishers shall be securely mounted in readily visible and accessible
locations, with the top of the extinguisher not more than five (5) feet above the floor.
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6-3-7: TELEPHONE REQUIREMENTS. Day Care Facilities shall be equipped with
an operable telephone on the premises. A placard, in a form approved by the Chief of the City
Fire Department and listing all emergency telephone numbers, shall be posted conspicuously in
the immediate vicinity of the telephone.
6-3-8: SMOKE DETECTOR AND FIRE ALARM REQUIREMENTS. Day Care
Facilities shall meet the following smoke detector and fire alarm requirements:
(A) Approved smoke detectors shall be installed in a central location in each hallway, corridor
or other area with access to a sleeping room used for day care purposes.
(B) If the Day Care Facility is located in a building with a basement not used for day care
purposes and the basement has a stairway leading to the facility, an approved smoke
detector shall be installed in the basement. The smoke detector shall be connected to a
sounding device or other smoke detector which will provide an alarm audible in each
sleeping room in the Day Care Facility.
(C) An approved fire alarm system shall be installed in a day care facility with over fifty (50)
children.
6-3-9: FLAMMABLE MATERIALS. Flammable or combustible materials shall not
be allowed to accumulate in any Day Care Facility in a manner which presents a fire hazard.
Flammable or combustible materials shall not be stored in any room in a Day Care Facility where
they are exposed to an open flame.
6-3-10: FREESTANDING FIREPLACES AND WOODBURNING STOVES. No
freestanding fireplace or woodburning stove shall be installed or located in any Day Care Facility
unless such fireplace or woodburning stove is a “factory-built fireplace” as that term is defined in
Section 3702 of the Uniform Building Code, as adopted by the City. Any factory-built fireplace
installed or located in any Day Care Facility shall meet the requirements of Chapter 37 of the
Uniform Building Code, 1985 Edition, as adopted by the City. No Day Care Certificate of
Compliance shall be issued for any Day Care Facility in which any factory-built fireplace has been
installed or is located unless the owner or operator first produces proof that a valid permit for the
installation of each such factory-built fireplace has been issued by the City's Department of
Building and Zoning.
6-3-11: ADDRESS NUMBER. The address number of any Day Care Facility shall be
placed on the building in which the facility is located in such a position as to be plainly visible and
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legible from the street or road fronting the building. The address number shall contrast with its
background.
6-3-12: INSPECTION AND CERTIFICATION; INSPECTION FEE.
(A) Inspection. Upon request by the owner or operator of a Day Care Facility and the payment
of the inspection fee as provided by this Section, the Fire Inspector shall inspect the facility
to determine whether it complies with the requirements of this Chapter. In making such
inspection, the Fire Inspector may, at his or her sole discretion, enforce any applicable
provisions of the Uniform Fire Code or Uniform Building Code as adopted by the City.
(B) Fee. Persons requesting a fire safety inspection of a Day Care Facility shall pay to the City
an inspection fee of thirty dollars ($30.00).
(C) Certification. If the Day Care Facility complies with the requirements set forth in this
Chapter, the Fire Inspector shall issue a Day Care Certificate of Compliance which shall
state that the facility was found to comply with the requirements of this Chapter on the date
on which the facility was inspected. The issuance of such Certificate of Compliance shall
not be construed as certifying that the facility complies with any or all provisions of the
Uniform Fire Code or Uniform Building Code as adopted by the City or the Zoning
Ordinance of the City, or as certifying that the facility contains no fire hazards. Nor shall
the issuance of such certificate constitute an affirmative representation to any person that
the Day Care Facility for which the certificate is issued is free from risk with regard to the
standards in this Chapter.
(Ord. 123, 11/20/2007).
6-3-13: LIABILITY. Nothing in this Chapter shall be construed as imposing upon the
City, its officials or employees, any special or private duty to any person to inspect a Day Care
Facility, or to make an adequate or reasonable inspection of such facility, or to enforce the
provisions of this Chapter. This Chapter is not intended to create any liability or cause of action
against the City, its agents, officials or employees for any loss or damage based upon the failure
of any Day Care Facility, or the owner or operator thereof, to meet the standards contained in this
Chapter.