The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
This appendix shall apply to a home day care operated within a dwelling. It is to include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by individuals other than parents or guardians or relatives by blood, marriage, or adoption, and in a place other than the home of the person cared for.
The following term shall, for the purposes of this appendix, have the meaning shown herein.
EXIT ACCESS. That portion of a means-of-egress system that leads from any occupied point in a building or structure to an exit.
Exception: An exit may discharge into a fenced yard if the gate or gates remain unlocked during day care hours. The gates may be locked if there is an area of refuge located within the fenced yard and more than 50 feet (15 240 mm) from the dwelling. The area of refuge shall be large enough to allow 5 square feet (0.5 m2) per occupant.
If the basement of a dwelling is to be used in the day care operation, two exits are required from the basement regardless of the occupant load. One of the exits may pass through the dwelling and the other shall lead directly to the exterior of the dwelling.
The fence shall be of durable materials and be not less than 6 feet (1529 mm) tall, completely enclosing the area used for the day care operations. Each opening shall be a gate or door equipped with a self-closing and self-latching device to be installed at not less than 5 feet (1528 mm) above the ground.
Exception: The door of any dwelling that forms part of the enclosure need not be equipped with self-closing and self-latching devices.
Openings in the fence, wall or enclosure required by this section shall have intermediate rails or an ornamental pattern that do not allow a sphere 4 inches (102 mm) in diameter to pass through. In addition, the following criteria must be met:
- The maximum vertical clearance between grade and the bottom of the fence, wall or enclosure shall be 2 inches (51 mm).
- Solid walls or enclosures that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions, except for tooled masonry joints.
- Maximum mesh size for chain link fences shall be 11/4 inches (32 mm) square, unless the fence has slats at the top or bottom that reduce the opening to not more than 13/4 inches (44 mm). The wire shall be not less than 9 gage [0.148 inch (3.8 mm)].