City Attorney's Office
Municipal CodeBack To Title List | Chapter List | Section List
19.06.045 Home day care regulations
Any day care operation conducted on property where the primary use is a residence shall be appropriately licensed by the State of Utah and Layton City and shall comply with the following standards:
(1) The day care operation shall comply with all provisions of a home occupation except that a day care shall be exempt from the limitation on the use of space in and outside the home.
(2) A single provider home day care shall be limited to not more than eight (8) children including the provider's own children under the age of six (6). No more than two (2) of the children may be under the age of two (2).
(3) A two provider home day care shall be limited to not more than twelve (12) children including the provider's own children under the age of six (6). No more than three (3) of the children may be under the age of two (2). Both providers shall be residents of the home in which the home day care is being conducted.
(4) There shall be a minimum of thirty-five (35) square feet of interior space provided for each person within the area being used for home day care. Such space shall be exclusive of any storage, restroom, or hall spaces. A floor plan indicating what area of the home will be utilized for day care shall be submitted with each application. The floor plan shall be reviewed and approved by the City staff prior to operation of the home day care.
(5) There shall be a minimum of one hundred (100) square feet of yard space provided for each child kept within the day care. Said space shall be secured by fencing or other acceptable means. Any area or use within the yard area determined to be a hazard to children shall be secured from access and shall not be counted in the open space for the home day care. A site plan of the yard space being used for home day care shall be reviewed and approved by the City staff.
(6) The area(s) used for the home day care shall have two (2) separate means of egress arranged so that if one is blocked, the other will be available.
(7) Exit doors other than the main exit may be thirty-two inches (32") wide. Main exits shall be thirty-six inches (36") wide.
(8) When the area being used for home day care is located in the basement or on the second floor, one of the exits must discharge directly to the outside.
(9) No home day care shall be operated above the second floor of a residential structure.
(10) Rooms used for sleeping shall have at least one (1) window and door approved for emergency escape.
(11) Closet door latches shall be such that children can open the door from the inside of the closet.
(12) Bathroom door locks shall be readily openable by the provider(s) from the outside.
(13) Smoke detectors shall be installed according to the latest edition of the adopted building code.
(14) Electrical outlets shall be protected or capped with safety devices.
(15) Toxic, hazardous, flammable materials, medicines, firearms, or other potentially hazardous materials shall be locked in a protected area.
(16) Fireplaces, wood burning stoves, or open face heaters shall be inaccessible to children when in use. Portable space heaters are not permitted when children are on the premises.
(17) Each home day care shall have a written emergency and/or disaster plan which covers natural disasters, power failures etc., which may pose a health hazard to the children. Evidence that an emergency drill has been conducted at least on a quarterly basis shall be provided to the Layton City Fire Department at the time of the yearly inspection.
(18) The area devoted to day care shall be provided with at least one (1) fire extinguisher.
Ord. No. 99-14, Enacted, 3/18/1999
Ord. No. 04-69, Recodified, 12/16/2004