SECTION F-410 FAMILY CHILD DAY CARE FACILITIES

F-410.1 Scope. This Section shall apply to any Family Child Day Care Facility, defined for purposes of this Section to include any facility that is covered by either Section F-410.1.1 or Section F-410.1.2. Family Child Day Care Facilities shall be regulated as specified in Sections F-410.1.1 through F-410.6.2.

F-410.1.1 Not within an R-3 occupancy. A facility that is not located within and accessory to a one- or two-family dwelling in which child day care services are provided for five or fewer children for periods of less than 24 consecutive hours is classified as a Family Child Day Care Facility. Such facilities shall be operated in accordance with The Philadelphia Code and Sections F-410.2 through F-410.4. Additionally, such a Family Child Day Care Facility shall conform to the requirements of the occupancy group in which the Family Child Day Care Facility is located.

F-410.1.2 Within a dwelling unit. A dwelling unit where child day care services are provided for 12 or fewer children shall be classified as an R-3 occupancy and as a Family Child Day Care Facility provided that:

1. The dwelling unit is contained within a one- or two-family dwelling;

2. Child day care services are provided for less than 24 hours;

3. The dwelling unit is used primarily as a private residence; and

4. The provision of day care services is accessory to the principal use of the dwelling unit as a residence.

Such facilities shall be operated in accordance with The Philadelphia Code and Sections F-410.2 through F-410.4 and either F-410.5 or F-410.6 as applicable.

F-410.2 License. A license to operate a Family Child Day Care Facility shall be obtained from the Department of Licenses and Inspections, which includes an annual fire inspection. No license shall be issued under this section unless the applicant has secured a Business Privilege License to the extent required by Title 19 of The Philadelphia Code.

F-410.3 Portable heating devices. Portable heating devices that produce an open flame shall not be used in buildings during the operating hours of a Family Child Day Care Facility.

F-410.4 Fire extinguisher. At least one portable fire extinguisher with a minimum rating of 2-A:10-B:C shall be mounted in the portion of the building used for family child day care and in kitchens and other cooking areas within the fire area containing the Family Child Day Care Facility.

F-410.5 Six or fewer children. Child day-care facilities that are classified as Group R-3 occupancies pursuant to Section B-310.1 of the Philadelphia Building Code and that provide day-care services to six or fewer children within and accessory to a one- or two-family dwelling shall comply with Sections F-410.2 through F-410.5.2.

F-410.5.1 Smoke alarms. A single station smoke alarm shall be installed in each story including basements. The smoke alarms shall be powered by the building wiring system or non-replaceable lithium batteries listed by Underwriters Laboratories^® that are warranted for 10 years and shall sound an alarm when activated that is audible to persons in the dwelling unit’s indoor child care spaces with all intervening doors closed. Where battery powered smoke alarms are used, the building owner shall keep the proof and date of purchase of the smoke alarms in the unit’s fire drill logs.

F-410.5.2 Means of egress. The dwelling unit and the accessory child day-care facilities shall comply with the means of egress requirements for an R-3 occupancy and licensure under 55 Pa Code Chapter 3290 (relating to family child day care homes).

F-410.6 Seven to twelve children. Child day-care facilities that are classified as Group R-3 occupancies pursuant to Section B-310.1 of the Philadelphia Building Code and that provide day-care services to more than six but no more than twelve children within and accessory to a one- or two-family dwelling shall comply with Sections F-410.2 through F-410.4, F-410.6.1 and F-410.6.2.

F-410.6.1 Smoke alarms. Interconnected multiple station smoke alarms shall be installed in each story including basements. The smoke alarms shall be powered by the building wiring system and shall sound an alarm when activated that is audible to persons in the dwelling unit’s indoor child care spaces with all intervening doors closed.

F-410.6.2 Means of egress. The dwelling unit and the accessory child day-care facilities shall comply with the means of egress requirements for an R-3 occupancy and licensure under 55 Pa Code Chapter 3280 (relating to group child day care homes).