DAY CARE CENTERS

Memphis Code of Ordinances tit. 9, ch. 9-28

in effect

Memphis Code of Ordinances § 9-28-1 Definitions.

Sec. 9-28-1. - Definitions. When referred to in this chapter, the terms below shall be defined as follows: Ambulatory means the ability to walk unaided. Day care means all types of day care programs wherein are received for pay five or more children for care, which are operated for a period of less than 24 hours per day, or other similar businesses operated under any name whatsoever, provided that kindergarten for five-year old children under the direct supervision of any private or parochial school or the board of education, operating on essentially the same time schedule as public school guidelines, are not subject to this chapter. Day care center means the building, group of buildings, room or other place where day care is provided. Institution, for the purposes of this chapter, means the building, group of buildings, room or other place providing care for nonambulatory persons, or children under the age of 15 months, when used to conduct day care activities and complying with standards of the building official, the fire marshal and health department outlined in sections 9-28-3 and 9-28-4. Supervisor means any person in charge of children at a day care center. (Code 1967, § 14-1; Code 1985, § 12-1; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-2 Registration.

Sec. 9-28-2. - Registration. A. Every day care center shall be registered with the office of planning and development and the plan of building shall be submitted as required by the building official and the fire marshal and the health department. The center shall furnish the name and address of the owner, and if the owner is a corporation or association, the names and residences of all of the officers thereof, the present or proposed location of the center, the name and address of the superintendent or of the person to be in charge thereof, and such other information as the building official and the fire marshal and the health department may request in connection with such day care center, its management, operation and personnel. B. Every day care center shall be required to post in a prominent and easily visible location the following information: 1. The name and address of the owner. If the owner is a corporation, partnership or association, the names and addresses of all of the officers thereof; 2. The name and address of the superintendent, manager or person in charge of the center's operation; 3. The most recent fire department inspection report; 4. The most recent health department inspection report; 5. The most recent department of human services inspection report; 6. A certificate of liability insurance with the carrier's name and address; 7. A list of all employees, their job titles and a notice that additional, detailed information on the employees' qualifications are available upon request; 8. The telephone numbers of the department of human services and the mayor's citizen service center to register complaints; 9. The number of children actually enrolled and the number of children for which the center is licensed. It shall be the responsibility of the fire department to make sure that all necessary information is posted in a suitable manner and location. (Code 1967, § 14-2; Code 1985, § 12-2; Ord. No. 2401, § 1, 4-13-1976; Ord. No. 4705, § 1, 9-7-1999)

Memphis Code of Ordinances § 9-28-3 Approval generally.

Sec. 9-28-3. - Approval generally. All day care centers shall be approved by the office of planning and development, such approval to be given only after it is recommended by the building official, the fire marshal and the health department. Such recommendation for approval shall be made after an inspection of the premises by the fire marshal and health department. Such officers are authorized and empowered to enter any day care center in the city and the premises on which the same is conducted, for the purpose of making a full inspection thereof. (Code 1967, § 14-3; Code 1985, § 12-3; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-4 Conditions to approval.

Sec. 9-28-4. - Conditions to approval. The building official, the fire marshal and the health department are empowered to require day care centers to meet all applicable conditions and ordinances as to provide safe and proper facilities for children therein, before recommending approval of such centers. (Code 1967, § 14-4; Code 1985, § 12-4; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-5 First-story operation required—Prohibited equipment.

Sec. 9-28-5. - First-story operation required—Prohibited equipment. Day care centers shall operate on the first story only. There shall be no measures or devices that prohibit quick egress by all children in case of emergency. Each day care center shall contain a minimum open floor space of 30 square feet per child, excluding offices, halls, kitchens and bathrooms. (Code 1967, § 14-5; Code 1985, § 12-5; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-6 Age limit.

Sec. 9-28-6. - Age limit. Day care centers, except those which qualify as institution facilities and comply with the building official, fire marshal and health department regulations, shall not admit children less than 15 months of age or nonambulatory children. (Code 1967, § 14-6; Code 1985, § 12-6; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-7 Toilet facilities.

Sec. 9-28-7. - Toilet facilities. One water closet and one lavatory shall be provided for each 15 children or appreciable fraction thereof. (Code 1967, § 14-7; Code 1985, § 12-7; Ord. No. 2401, § 1, 4-13-1976)

Memphis Code of Ordinances § 9-28-8 Penalties for violations.

Sec. 9-28-8. - Penalties for violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $10.00, nor more than $50.00 for each and every violation. (Code 1967, § 14-8; Code 1985, § 12-8; Ord. No. 2401, § 1, 4-13-1976)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT9HESA_CH9-28DACACEFetched: 10/28/2026