As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 570   5            

      1997-1998                                                    6            


                     REPRESENTATIVE  WINKLER                       8            


                                                                   10           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
      (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                    

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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.