As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 570 5
1997-1998 6
REPRESENTATIVE WINKLER 8
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A B I L L
To amend sections 3313.813, 3737.22, and 5104.053 of 11
the Revised Code to provide for the State Board 12
of Education to approve youth development 13
centers' participation in the Child and Adult 14
Care Food Program and to declare an emergency. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 3313.813, 3737.22, and 5104.053 20
of the Revised Code be amended to read as follows: 21
Sec. 3313.813. (A) AS USED IN THIS SECTION: 30
(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT 32
PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR 33
CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR 34
EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF 35
ITS EDUCATIONAL PROGRAM.
(2) "YOUTH DEVELOPMENT CENTER" MEANS A COMMUNITY-BASED 37
CENTER THAT PROVIDES, FOR FREE OR CHARGE, RECREATIONAL ACTIVITIES 38
TO CHILDREN SIX YEAR OF AGE OR OLDER ON A YEAR-ROUND BASIS 39
OUTSIDE OF SCHOOL HOURS AND IS EXEMPT FROM FEDERAL INCOME 40
TAXATION PURSUANT TO 26 U.S.C. 501(a) AND (c)(3). 41
(B) The state board of education shall establish standards 44
for a school lunch program, school breakfast program, child AND 45
ADULT care food program, special food service program for 47
children, summer food service program for children, special milk 48
program for children, food service equipment assistance program, 49
and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 50
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as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 51
42 U.S.C. 1771, as amended. Any board of education of a school 52
district, nonprofit private school, outdoor education center, 53
child care institution, YOUTH DEVELOPMENT CENTER, or summer camp 54
desiring to participate in such a program or required to 56
participate under this section shall, if eligible to participate 57
under the "National School Lunch Act," as amended, or the "Child 58
Nutrition Act of 1966," as amended, make application to the state 59
board of education for assistance. The board shall administer 60
the allocation and distribution of all state and federal funds 61
for these programs.
(B)(C) The state board of education shall require the 63
board of education of each school district included under this 65
division to establish and maintain a school breakfast and lunch 68
program pursuant to the "National School Lunch Act" and the 69
"Child Nutrition Act of 1966."
(1) The state board shall require the board of education 71
in each school district to establish a breakfast program in every 72
school where at least one-third of the pupils in the school are 73
eligible under federal requirements for free breakfasts and to 74
establish a lunch program in every school where at least 75
one-third of the pupils are eligible for free lunches. The board 76
of education required to establish a breakfast program under this 77
division may make a charge in accordance with federal 78
requirements for each reduced price breakfast or paid breakfast 79
to cover the cost incurred in providing that meal.
(2) The state board shall require the board of education 81
in each school district to establish a breakfast program in every 82
school in which the parents of at least one-half of the children 83
enrolled in the school have requested that the breakfast program 84
be established. The board of education required to establish a 85
program under this division may make a charge for each meal to 86
cover all or part of the costs incurred in establishing such a 87
program. 88
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(3) If a school district cannot for good cause comply with 90
the requirements of division (B)(C)(1) or (2) of this section at 92
the time the state board determines that a district is subject to 93
these requirements, the state board of education shall grant a 94
reasonable extension of time. Good cause for an extension of 95
time shall include, but need not be limited to, economic 96
impossibility of compliance with the requirements at the time the 97
state board determines that a district is subject to them. 98
(C)(D)(1) The state board of education shall accept the 100
application of any outdoor education center in the state making 101
application for participation in a program pursuant to division 102
(A)(B) of this section. 103
(2) For purposes of participation in any program pursuant 105
to this section, the board shall certify any outdoor education 106
center making application as an educational unit that is part of 107
the educational system of the state, if the center: 108
(a) Meets the definition of an outdoor education center 110
established in this division; 111
(b) Provides its outdoor education curriculum to pupils on 113
an overnight basis so that pupils are in residence at the center 114
for more than twenty-four consecutive hours; 115
(c) Operates under public or nonprofit private ownership 117
in a single building or complex of buildings. 118
(3) The board shall approve any outdoor education center 120
certified under this division for participation in the program 121
for which the center is making application on the same basis as 122
any other applicant for that program. 123
(4) For purposes of this section, "outdoor education 125
center" means a public or nonprofit private entity that provides 126
to pupils enrolled in any public or chartered nonpublic 127
elementary or secondary school an outdoor educational curriculum 128
that the school considers to be part of its educational program. 129
(E) AS PART OF THE STANDARDS ESTABLISHED UNDER DIVISION 132
(B) OF THIS SECTION AND NOT LATER THAN THIRTY DAYS AFTER THE
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EFFECTIVE DATE OF THIS AMENDMENT, THE STATE BOARD OF EDUCATION 134
SHALL ESTABLISH A SYSTEM TO APPROVE FOR PARTICIPATION IN THE 135
CHILD AND ADULT CARE FOOD PROGRAM ESTABLISHED UNDER THE "NATIONAL 136
SCHOOL LUNCH ACT" A YOUTH DEVELOPMENT CENTER THAT IS NOT REQUIRED 137
TO BE LICENSED AS A CHILD DAY-CARE CENTER UNDER SECTION 5104.03 138
OF THE REVISED CODE. THE SYSTEM SHALL BE CONSISTENT WITH PART 139
226 OF CHAPTER II OF TITLE 7 OF THE CODE OF FEDERAL REGULATIONS. 141
Sec. 3737.22. (A) The fire marshal shall do all of the 150
following: 151
(1) Adopt the state fire code under sections 3737.82 to 153
3737.86 of the Revised Code; 154
(2) Enforce the state fire code; 156
(3) Appoint assistant fire marshals who are authorized to 158
enforce the state fire code; 159
(4) Conduct investigations into the cause, origin, and 161
circumstances of fires and explosions, and prosecute persons 162
believed to be guilty of arson or a similar crime; 163
(5) Compile statistics concerning loss due to fire and 165
explosion as the fire marshal considers necessary, and consider 167
the compatibility of the fire marshal's system of compilation 168
with the systems of other state and federal agencies and fire 170
marshals of other states; 171
(6) Engage in research on the cause and prevention of 173
losses due to fire and explosion; 174
(7) Engage in public education and informational 176
activities which will inform the public of fire safety 177
information; 178
(8) Operate a fire training academy and arson crime 180
laboratory; 181
(9) Conduct such other fire safety and fire fighting 183
training activities for the public and groups as will further the 184
cause of fire safety; 185
(10) Issue permits, licenses, and certificates as 187
authorized by the Revised Code; 188
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(11) Conduct tests of fire protection systems and devices, 190
and fire fighting equipment to determine compliance with the 191
state fire code, unless a building is insured against the hazard 192
of fire, in which case such tests may be performed by the company 193
insuring the building; 194
(12) Establish and collect fees for permits, licenses, and 196
certificates; 197
(13) Make available for the prosecuting attorney and an 199
assistant prosecuting attorney from each county of this state, in 200
accordance with section 3737.331 of the Revised Code, a seminar 201
program, attendance at which is optional, that is designed to 202
provide current information, data, training, and techniques 203
relative to the prosecution of arson cases; 204
(14) Administer and enforce Chapter 3743. of the Revised 206
Code; 207
(15) Develop a form for the written report required to be 209
filed under division (E)(4) of section 2921.22 of the Revised 210
Code, and accept such reports when they are filed. 211
(B) The fire marshal shall appoint a chief deputy, and 213
shall employ professional and clerical assistance as the fire 214
marshal considers necessary. The chief deputy shall be a 216
competent former or current member of a fire agency and possess 217
five years of recent, progressively more responsible experience 218
in fire inspection and fire code management. All employees, 219
other than the fire marshal, the chief deputy, the superintendent 220
of the Ohio fire academy, the grants administrator, the fiscal 221
officer, the executive secretary to the state fire marshal, and 222
the chiefs of the bureau of fire prevention, the arson bureau, 223
the arson crime laboratory, and the bureau of underground storage 224
tanks, shall be in the classified civil service. The fire 226
marshal shall authorize the chief deputy and other employees 227
under the fire marshal's supervision to exercise powers granted 229
to the fire marshal by law as may be necessary to carry out the 230
duties of the fire marshal's office. 231
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(C) The fire marshal shall create, in and as a part of the 233
office of fire marshal, an arson bureau consisting of a chief of 234
the bureau, and such additional assistant fire marshals as the 235
fire marshal determines necessary for the efficient 236
administration of the bureau. The chief shall be experienced in 237
the investigation of the cause, origin, and circumstances of 238
fires, and in administration, including the supervision of 239
subordinates. The chief, among other duties delegated to the 240
chief by the fire marshal, shall be responsible, under the 242
direction of the fire marshal, for the investigation of the 243
cause, origin, and circumstances of each fire, and for the 244
prosecution of persons believed to be guilty of arson or a 245
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 247
the chief deputy under the direction of the fire marshal, may 250
cause the inspection to be conducted of all buildings, 252
structures, and other places, the condition of which may be 254
dangerous from a fire safety standpoint to life or property, or 255
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 257
of fire marshal, a bureau of fire prevention consisting of a 258
chief of the bureau, and such additional assistant fire marshals 259
as the fire marshal determines necessary for the efficient 260
administration of the bureau. The chief shall be qualified, by 261
education or experience, to promote programs for rural and urban 262
fire prevention and protection. The chief, among other duties 263
delegated to the chief by the fire marshal, is responsible, under 265
the direction of the fire marshal, for the promotion of rural and 266
urban fire prevention and protection through public information 267
and education programs. 268
(F) The fire marshal shall cooperate with the director of 270
human services when the director promulgates rules pursuant to 271
section 5104.052 of the Revised Code regarding fire prevention 272
and fire safety in certified type B family day-care homes, as 273
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defined in section 5104.01 of the Revised Code, recommend 274
procedures for inspecting type B homes to determine whether they 275
are in compliance with those rules, and provide training and 276
technical assistance to the director and county directors of 277
human services on the procedures for determining compliance with 278
those rules. 279
(G) The fire marshal, upon request of a provider of child 281
day-care in a type B home that is not certified by the county 282
director of human services, as a precondition of approval by the 283
state board of education pursuant to section 3313.813 of the 284
Revised Code for receipt of United States department of 285
agriculture child AND ADULT care food program funds established 286
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 288
U.S.C. 1751, as amended, shall inspect the type B home to 289
determine compliance with rules promulgated pursuant to section 290
5104.052 of the Revised Code regarding fire prevention and fire 291
safety in certified type B homes. In municipal corporations and 292
in townships where there is a certified fire safety inspector, 293
the inspections shall be made by that inspector under the 294
supervision of the fire marshal, according to rules promulgated 295
pursuant to section 5104.052 of the Revised Code. In townships 296
outside municipal corporations where there is no certified fire 297
safety inspector, inspections shall be made by the fire marshal. 298
Sec. 5104.053. As a precondition of approval by the state 307
board of education pursuant to section 3313.813 of the Revised 308
Code for receipt of United States department of agriculture child 309
AND ADULT care food program funds established under the "National 311
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 312
amended, the provider of child day-care in a type B family 313
day-care home that is not certified by the county director of 315
human services shall request an inspection of the type B home by 317
the fire marshal, who shall inspect the type B home pursuant to 319
section 3737.22 of the Revised Code to determine that it is in 320
compliance with rules established pursuant to section 5104.052 of 321
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the Revised Code for certified type B homes. 322
Section 2. That existing sections 3313.813, 3737.22, and 324
5104.053 of the Revised Code are hereby repealed. 325
Section 3. This act is hereby declared to be an emergency 327
measure necessary for the immediate preservation of the public 328
peace, health, and safety. The reason for such necessity is that 329
the Midwest Regional Office of the Food and Consumer Service, 330
United States Department of Agriculture, has informed the Ohio 331
Department of Education that youth development centers not
licensed or otherwise approved by the state will no longer be 332
eligible to participate in the Child and Adult Care Food Program 333
effective October 1, 1997, and this act provides for the State 334
Board of Education to approve youth development centers' 335
participation in the program so that needy school age children
will not be denied meals and supplements otherwise available 336
under the program. Therefore, this act shall go into immediate 337
effect.