HomeMy WebLinkAboutOrdinance 15-1990 `, �� .
ORDINANCE N0. 15-90
AN ORDINANCE ESTABLISHING REQUIRFMENTS FOR FAMILY DAY CARF
HOMES IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
BROOKINGS, SOUTH DAKOTA that Chapter seventeen (17) of the Revised
Ordinances of the City ot Brookings shall be revised to include
Article V. , as follows, to-wit:
I.
Article V. Family Day Care Homes
Sec. 17-65. Detinitions.
Terms used in this title, unless the context otherwise
plainly requires, shall mean:
(1) "Family Day Care" , the providing of supervision for
children in a private residence.
( 2) "Inaccessible to children" , any device or means
used to maice entrance by children extremely dif-
ficult. Examples are latches, locks, high cabinets
out of the reach ot children, safety screw caps on
bottles, etc.
( 3) "Documented Fire Drills" , a iire drill wherein the
date of the fire drill is recorded and said record
is retained for at least one (1) year.
( 4) "Exposed electrical wiring" , any electrical wiring
that may cause a shock by allowing access directly
�o the wire. Examples are missing outlet or switch
cover plates, open junction boxes, covers which are
off of fuse or circuit breaker boxes.
(5) "Heating rJnits" , any device capable of producing
heat for the purposes of maintaining a comfortable
temperature inside a building, except radiators,
hot air heating vents and electrical heaters.
Examples are wood burning stoves or fireplaces,
propane heaters, or fuel oil heaters.
(Ei ) "Substitute" , a person who fills in for the normal
provi�er on a consistent weekly basis .
(7) "Helper" , a person who assists the provider in the
family day care home.
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(8) "Provider" , the principal car_etaker of children in
a family day care home.
Section 17-66 . EXIT REQUIREMENTS
Each level ot the family day care home used for the care
of children must have at least two ( 2) exits which are
separate and remote from each other. Each of these exits
�-nust provide unobstructed travel to the outside. One of
these exits must i�e a door at least six (6) feet eight ($) inches
high by thirty-two ( 32) inches wide. The other exit may be a
window or door which is easy to open from the inside without the
use of tools .
A window used as an exit in a family day care home must pro-
vide a clear opening at least large enough for a firefighter to
enter. There may be no more 'chan forty-four ( 44> inches between the
floor and the bottom of said window.
A door or window to the outside may be used in a basement as
a primary and secondary means oF egress as long as each exit shall
provide a clear opening at least large enough for a firefighter to
enter. There may be no more then forty-four (44) inches between
the floor of the basement and the bottom ot said window. This
provision shall supersede and preempt the provision of the Life
Safety Code which establishes a below ground exit shall be
required to discharge directly to the outside.
The Vertical Travel Requirement regarding egress from a base-
ment and the provision prohibiting location of a day care facility
below ground level as set forth in Section 10-8.2 .4 .3 of the Life
Sa�ety Code shall not apply as long as the egress from such below
ground facility otherwise complies with this ordinance and the Life
Safety Code.
If storm windows, screens, or burglar guards are used, they
must be provided with quick-opening devices which ma_y be easily
opened from the inside.
No room or space may be occupied for living or sleeping pur-
poses which is accessible only by a ladder, by folding stairs, or
through a trap door.
Section 17-67 . FIRE DRILLS
The �amily day care home shall have a op sted evacuation plan
and shall conduct at least four (4) documented fire drills each
year .
Section 17-68 . SMOKE DET�CTORS.
A family day care home shall be equipped with at least one
(1) Underwriter' s Laboratory approved smoke detector on each level
of the building and in each bedroom or nap area that is used
ror day care purposes.
Section 17-69. HEATING UNITS .
Unvented fuel-fired room heaters shall not be used. A guard
must be provided to protect the children from any hot surface and
from open flames.
Section 17-70 . FMBLEM
A family day care emblem provided by the Fire Department
shall be posted on the main entry of all family day care homes.
Section 17-71 . SAFETY CAPS FOR FLECTRICAL OUTLETS.
In family day care homes caring for children aged four years
and younger, unused electrical outlets shall be covered by
Underwriter' s Laboratory approved electrical safety caps. There
shall be no bare or exposed electrical wires present within the
family day care homes.
Section 17-72 . FIRF EXTINGUISHERS.
An "ABC multi-purpose Underwriter ' s Laboratory approved" fire
extinguisher shall be mountPd and maintained on each level of the
home used ror family day care. The location of said fire
extinquisher shall be included as a part of the evacuation plan.
Section 17-73 . HEALTH STANDARDS A��D FIRST AID.
Each family day care provider, substitute and helper shall
have a tuberculin skin test rp ior to contact with children.
Indivi3uals who show no reaction to the test at the time of
te�ting are exempt from further tuberculin testing. A copy of the
tuberculin test reports shall be kept in the family day care pro-
vider' s file.
When a child is enrolled in a family day care home, the
family day care provider shall require from the child' s paarent or
guardian, documentation from a licensed physician, physician' s
assistant, or county health nurse s�owing the hea�th and immuniza-
tion status of the child. Minimum age-specific immunization
levels for children attending family day care homes are:
(1) Three to five months, one doae DPT and one dose polio;
( 2) Five to seven months, two doses DPT and two dose� polio;
( 3 ) Seven to sixteen months , three doses nPT and two doses
polio;
(4 ) Sixteen to nineteen months , three doses DPT and two
doses polio, and measles , mumps, and rubella;
(5 ) Nineteen months and older, four doses DPT, three doses
polio, and measles, mumps, and rubella.
A child is exempt from meeting the minimum age-specific immu-
nization levels if he has certification from a licensed physician
stating that the physical condition of the child is such that a
test or immunization would endanger the child' s life or health or
if he has a written statement signed by a parent or guardian that
the chiid is an adherent to a religious doctrine whose teachings
are opposed to such tests and immunizations.
Section 17-74. POISONS.
Hazardous cleaning solutions, chemicals, poisons, and other
dangerous substances shall be labeled and shall be inaccessible to
children.
�ection i7-75 . DOOR LOCKS AND LATCHES.
Every closet door latch shall be �uch �hat children can open
the door from the inside of the closet. Every bathroom door lock
shall be designed to permit opening oF tne locked door from out-
side ir� an emergency. The opening device shall be readily
accessible to the staff.
Section 17-76 . DANGEROUS ITEM�.
Firearems shall be unloaded and firearm� and ammunition shall
be stored separately in locked storage. All sharp kitchen uten-
sils , n�atche� and lighters shall be inacc?ssible to children.
Section 17-77. MEDICATIONS.
M�dications shall only be administered with the written
or oral consent of a parent or guardian. Medica}ions shall
be �ept in their original container with the original label. The
label �hall contain legible directions for use and the expiration
date. Prescription medica�ions shall also include the child' s name
and t�e p�ysician ' s name. Medica�tions �hall be �tored in a place
which is inacce�sible �o children. Medications req_uiring refri-
gerat�_o� must then be placed in another container which is nonab-
sorben� and labeled "medication" .
Sectic�r� 17-7F3. k'OOD.
�rozen mea� shall not be thawed at .room temperature.
Perishable food must be ?cept ret-rigerated except tor short periods
or pr�paration and serving.
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Registry. All family day care providers shall be at least eighteen
(18 ) years of age and they shall not have a substantiated record
of child abuse or neglect. Family memi�ers or any other individual
who is living in the family day care honne shall not have a
substantiated record of child abuse or neglect.
Section 17-83 . QUALIFICATIONS OF SUF3STITUTES.
All substitutes shall be able to show proof that they have
been self screened against South Daicota' s Central Registry. All
substitutes shall be at least eighteen (18) years of age and shall
not have a substantitated record of child abuse or neglect.
Section 17-84. QUALIFICATIONS OF HELPERS.
Individuals who are used to meet the staff/child ratio shall
be at least four�een (14) years of age and may assist with the
care of children. They may be used as a helper when more than
tour (4) children who are under the age of two ( 2 ) years are pre-
sent. An individual who is under the age of eighteen (18> years
shall not be left alone on the premises with children in care.
Section 17-85 . CHTLD/STAFF RATIO.
A family day care provider shall care for a maximum of
twelve (12) children, including the family day care provider' s
own children who are under the age of six (6 ) years. 1No more than
four (4) of the twelve (12) children shall be under the age of two
( 2) years unless there is a helper in the family day care home.
Under either of the following conditions, a family day care home
may provide care for a maximum of two (2) additional children
beyond twelve (12) :
1 . The additional chilclren may be either school age and in
care before and aFter school; or
2 . The additional children may be in care because of a
family emergency or other special circumstance.
Any additional children who are under the age of two (2)
years and in care because of a family emergency or other special
circumstance shall be included in the maximum number of children
allowed who are under the age of two (2) and may necessitate the
use of a helper.
This Section ahall supersede and preempt the provisions of
the Life Safety Code which establishes staff-to-child ratios .
II.
Any and all ordinances in conflict herewith are hereby
repealed.
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FIRST READING: June 5, 1990
SECOND READING AND ADOPTION: June 26, 1990
PUBLISHED: July 5, 1990
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T .=-�: Kryger Mayor
Finance Officer j�