(1) Daycare facilities, owners and operators 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;
(c)  Adequate fire extinguishers;
(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 at least one (1) adult employee 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 when a child or children are present, at least one (1) adult employee 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.

Terms Used In Idaho Code 39-1109

  • Child: means a person less than thirteen (13) years of age. See Idaho Code 39-1102
  • Daycare: means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. See Idaho Code 39-1102
  • Daycare facility: means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider. See Idaho Code 39-1102
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-1102
  • Employee: means any person working for compensation in a facility that provides daycare. See Idaho Code 39-1102
  • Ratio: means the number of staff required to supervise a certain number of children. See Idaho Code 39-1102
(3)   At least one (1) adult employee must be present at all times when a child or children are in attendance.
(4)  (a)  The maximum allowable child:staff ratio shall be a maximum of twelve (12) points per staff member using the following point system:
(i)   Each child in attendance under the age of twenty-four (24) months shall equal two (2) points.
(ii)  Each child in attendance from twenty-four (24) months to under thirty-six (36) months of age shall equal one and one-half (1 1/2) points.
(iii) Each child in attendance from thirty-six (36) months to under five (5) years of age shall equal one (1) point.
(iv)  Each child in attendance from five (5) years to under thirteen (13) years of age shall equal one-half (1/2) point.
(b)  Each child in attendance shall be counted by the department for purposes of calculating maximum allowable points, counting the number of children in attendance and for determining compliance with child:staff ratios.