39-1109 SAFETY STANDARDS.

IDAHO STATUTES AND CODES

TITLE 39

HEALTH AND SAFETY

CHAPTER 11

BASIC DAY CARE LICENSE

39-1109. Fire safety standards. [effective until january 1, 2010] (1) Day care centers shall comply with the following fire safety standards in the area of the day care center in which day care is provided: (a) adequate fire and smoke alarms; (b) a functional telephone; (c) adequate fire extinguishers or other suitable arrangements for extinguishing fires; and (d) adequate exits. Separate standards in these categories shall also be developed for group day care facilities.

(2) No fire standards developed pursuant to this chapter shall be more stringent than the standards contained in the International Fire Code, without supplementation by any other standard or code.

(3) In addition to the fire safety standards identified in subsection (1) of this section, fire safety standards may be established to govern the maximum allowable ratio of children to staff subject to the following restrictions:

(a) In no event shall the child-staff ratio require more than one (1) staff member to six (6) children for all children age eighteen (18) months or less, more than one (1) staff member to twelve (12) children for all children above age eighteen (18) months but less than five (5) years; and more than one (1) staff member to eighteen (18) children for all children whose age is five (5) years or more;

(b) No factors other than fire safety may be considered in establishing child-staff ratios;

(d) Each child shall count as one (1) child for purposes of computing a child-staff ratio.

39-1109. safety standards. [effective january 1, 2010] (1) Daycare facilities shall comply with the following safety standards in the area of the daycare facility in which daycare is provided:

(a) Adequate fire and smoke alarms;

(b) A functional telephone located on the daycare premises during the hours of operation;

(d) Adequate exits;

(e) Firearms or other weapons which are stored on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present;

(f) Pools, hot tubs, ponds and other bodies of water that are on the daycare facility premises must provide the following safeguards:

(i) The area surrounding the body of water must be fenced and locked in a manner that prevents access by children and meets the following requirements:

1. The fence must be at least four (4) feet high with no vertical opening more than four (4) inches wide, be designed so that a young child cannot climb or squeeze under or through the fence, surround all sides of the pool and have a gate that is self-closing and that has a self-latching mechanism in proper working order out of the reach of young children;

2. If the house forms one (1) side of the barrier for the pool, all doors that provide unrestricted access to the pool must have alarms that produce an audible sound when the door is opened;

3. Furniture or other large objects must not be left near the fence in a manner that would enable a child to climb on the furniture or other large object and gain access to the pool; and

(ii) If the area surrounding a pool, hot tub, pond or other body of water is not fenced and locked, there must be a secured protective covering that will not allow access by a child;

(iii) Wading pools must be empty when not in use;

(iv) Children must be under direct supervision of an adult while using a pool, hot tub, pond or other body of water; and

(v) A minimum of a four (4) foot high fence must be present that prevents access from the daycare facility premises if the daycare premises are adjacent to a body of water; and

(g) The owner or operator of a daycare facility shall ensure that at all times children are present, at least one (1) adult on the premises has current certification in pediatric rescue breathing and first-aid treatment from a certified instructor.

(2) No fire standards developed pursuant to this chapter shall be more stringent than the standards contained in the International Fire Code, as adopted by Idaho.

(3) An adult must be present at all times during business hours on the daycare facility premises.

(4) In addition to the safety standards identified in subsection (1) of this section, safety standards shall be established by the department to govern the maximum allowable ratio of children to staff subject to the following restrictions:

(a) In no event shall the child-staff ratio require more than one (1) staff member to six (6) children for all children age twenty-four (24) months or less; more than one (1) staff member to eight (8) children for all children above age twenty-four (24) months but less than three (3) years; more than one (1) staff member to ten (10) children for all children age three (3) years but less than four (4) years; more than one (1) staff member to twelve (12) children for all children age four (4) years but less than five (5) years; and more than one (1) staff member to eighteen (18) children for all children whose age is five (5) years or more. The maximum group size for all groups shall not exceed twice the number of children allowed for a single staff member.

Number of Children Allowed and Maximum Group Size Table

Number of required staff	Children: birth to twenty-four (24) months	Children: above twenty-four (24) months but less than three (3) years	Children: three (3) years but less than four (4) years	Children: four (4) years but less than five (5) years	Children: five (5) years or more
1	6	8	10	12	18
2	12	16	20	24	36
Maximum group size	12	16	20	24	36

(b) The maximum ratio of children to staff in mixed age groups shall be determined by the age of the youngest child in attendance.

(c) All adults providing direct supervision to the children shall be counted as staff for purposes of computing a child-staff ratio. Employees sixteen (16) and seventeen (17) years of age under the supervision of an adult employee, when providing direct supervision to children, may be counted as staff for the purposes of computing the child-staff ratio.

(d) Each child shall count as one (1) child for purposes of computing a child-staff ratio.

(e) Daycare facilities shall have a maximum allowable child-staff ratio based on the age of the children in attendance. The maximum group size is twelve (12) children. If more than two (2) children are in attendance under the age of two (2) years, the maximum group size shall be ten (10) children. If three (3) or more children under the age of two (2) years are in attendance, the maximum group size shall be nine (9) children.

Daycare Facility Ratio and Maximum Group Size Table

	No children under the age of two (2) years	No more than two (2) children under the age of two (2) years	Three (3) or more children under the age of two (2) years
Maximum group size	12	10	9

(f) Family daycare homes shall not provide daycare services for more than six (6) children at a time.