§ 39-1109 — SAFETY STANDARDS

(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 that 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.
(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 thirty-three hundredths (1.33) points.
(iii) Each child in attendance from thirty-six (36) months to under five (5) years of age shall equal nine hundred twenty-three thousandths (0.923) of a point.
(iv) Each child in attendance from five (5) years to under thirteen (13) years of age shall equal forty-eight hundredths (0.48) of a 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.
(c) Daycare facilities may operate with child:staff ratios more stringent than those specified in paragraph (a) of this subsection.
(5) Sleeping children must be within sight and normal hearing range of a provider.
(6) For daycare facilities providing overnight care of children:
(a) A sleeping child shall sleep on the same level as a staff member;
(b) At least one (1) staff member shall be awake and on duty;
(c) Sleeping children shall have separate cots, mats, or beds and blankets; and
(d) A child shall not share a bed with a non-parent adult.

Legislative History

[39-1109, added 1987, ch. 56, sec. 1, p. 95; am. 1997, ch. 164, sec. 1, p. 474; am. 2002, ch. 86, sec. 3, p. 197; am. 2009, ch. 295, sec. 9, p. 876; am. 2011, ch. 274, sec. 3, p. 745; am. 2025, ch. 185, sec. 6, p. 864; am. 2025, ch. 186, sec. 4, p. 869.]