§ 13-13. Grade level requirement and off-street parking.

(a)

It is unlawful for any person to allow children in a childcare facility to go into or remain in any part of the structure above or below the first floor or on any floor that does not have grade level exits from the facility directly to the outside.

(b)

It is an affirmative defense to subsection (a) above that the ground floor of the facility is on two (2) levels and that the facility has been in continuous operation since January 22, 1998.

(c)

It is an affirmative defense to subsection (a) above that:

(1)

The facility is equipped with a properly functioning automatic sprinkler system throughout;

(2)

That no child four (4) years of age or younger is allowed above or below the first floor;

(3)

That no child six (6) years of age or younger is allowed above the second story; and

(4)

That the facility meets all the applicable requirements of the current building code.

(d)

Each caregiver shall ensure that the childcare facility has at least one (1) off-street parking space for each ten (10) children the facility is permitted to serve at any one (1) time.

(Ord. No. 8648, § 1, 6-1-06)