As Re-reported by the House Family Services Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 570 5
1997-1998 6
REPRESENTATIVES WINKLER-MASON-GRENDELL-HARRIS-CLANCY-JONES- 8
MILLER-WILLIAMS-BOYD-FORD-PRINGLE-WILLAMOWSKI 9
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A B I L L
To amend sections 3313.813, 3737.22, 5104.02, and 13
5104.053 and to enact section 5104.021 of the 14
Revised Code to exempt youth development programs 15
from child day-care licensing requirements and to 16
declare an emergency. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3313.813, 3737.22, 5104.02, and 21
5104.053 be amended and section 5104.021 of the Revised Code be 23
enacted to read as follows:
Sec. 3313.813. (A) AS USED IN THIS SECTION: 32
(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT 34
PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR 35
CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR 36
EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF 37
ITS EDUCATIONAL PROGRAM.
(2) "OUTSIDE-SCHOOL-HOURS CARE CENTER" HAS THE MEANING 39
ESTABLISHED IN 7 C.F.R. 226.2. 40
(B) The state board of education shall establish standards 43
for a school lunch program, school breakfast program, child AND 44
ADULT care food program, special food service program for 46
children, summer food service program for children, special milk 47
program for children, food service equipment assistance program, 48
and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 49
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 50
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42 U.S.C. 1771, as amended. Any board of education of a school 51
district, nonprofit private school, outdoor education center, 52
child care institution, OUTSIDE-SCHOOL-HOURS CARE CENTER, or 53
summer camp desiring to participate in such a program or required 56
to participate under this section shall, if eligible to 57
participate under the "National School Lunch Act," as amended, or 58
the "Child Nutrition Act of 1966," as amended, make application 59
to the state board of education for assistance. The board shall 60
administer the allocation and distribution of all state and 61
federal funds 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) If a school district cannot for good cause comply with 90
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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
Sec. 3737.22. (A) The fire marshal shall do all of the 138
following: 139
(1) Adopt the state fire code under sections 3737.82 to 141
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3737.86 of the Revised Code; 142
(2) Enforce the state fire code; 144
(3) Appoint assistant fire marshals who are authorized to 146
enforce the state fire code; 147
(4) Conduct investigations into the cause, origin, and 149
circumstances of fires and explosions, and prosecute persons 150
believed to be guilty of arson or a similar crime; 151
(5) Compile statistics concerning loss due to fire and 153
explosion as the fire marshal considers necessary, and consider 155
the compatibility of the fire marshal's system of compilation 156
with the systems of other state and federal agencies and fire 158
marshals of other states; 159
(6) Engage in research on the cause and prevention of 161
losses due to fire and explosion; 162
(7) Engage in public education and informational 164
activities which will inform the public of fire safety 165
information; 166
(8) Operate a fire training academy and arson crime 168
laboratory; 169
(9) Conduct such other fire safety and fire fighting 171
training activities for the public and groups as will further the 172
cause of fire safety; 173
(10) Issue permits, licenses, and certificates as 175
authorized by the Revised Code; 176
(11) Conduct tests of fire protection systems and devices, 178
and fire fighting equipment to determine compliance with the 179
state fire code, unless a building is insured against the hazard 180
of fire, in which case such tests may be performed by the company 181
insuring the building; 182
(12) Establish and collect fees for permits, licenses, and 184
certificates; 185
(13) Make available for the prosecuting attorney and an 187
assistant prosecuting attorney from each county of this state, in 188
accordance with section 3737.331 of the Revised Code, a seminar 189
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program, attendance at which is optional, that is designed to 190
provide current information, data, training, and techniques 191
relative to the prosecution of arson cases; 192
(14) Administer and enforce Chapter 3743. of the Revised 194
Code; 195
(15) Develop a form for the written report required to be 197
filed under division (E)(4) of section 2921.22 of the Revised 198
Code, and accept such reports when they are filed. 199
(B) The fire marshal shall appoint a chief deputy, and 201
shall employ professional and clerical assistance as the fire 202
marshal considers necessary. The chief deputy shall be a 204
competent former or current member of a fire agency and possess 205
five years of recent, progressively more responsible experience 206
in fire inspection and fire code management. All employees, 207
other than the fire marshal, the chief deputy, the superintendent 208
of the Ohio fire academy, the grants administrator, the fiscal 209
officer, the executive secretary to the state fire marshal, and 210
the chiefs of the bureau of fire prevention, the arson bureau, 211
the arson crime laboratory, and the bureau of underground storage 212
tanks, shall be in the classified civil service. The fire 214
marshal shall authorize the chief deputy and other employees 215
under the fire marshal's supervision to exercise powers granted 217
to the fire marshal by law as may be necessary to carry out the 218
duties of the fire marshal's office. 219
(C) The fire marshal shall create, in and as a part of the 221
office of fire marshal, an arson bureau consisting of a chief of 222
the bureau, and such additional assistant fire marshals as the 223
fire marshal determines necessary for the efficient 224
administration of the bureau. The chief shall be experienced in 225
the investigation of the cause, origin, and circumstances of 226
fires, and in administration, including the supervision of 227
subordinates. The chief, among other duties delegated to the 228
chief by the fire marshal, shall be responsible, under the 230
direction of the fire marshal, for the investigation of the 231
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cause, origin, and circumstances of each fire, and for the 232
prosecution of persons believed to be guilty of arson or a 233
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 235
the chief deputy under the direction of the fire marshal, may 238
cause the inspection to be conducted of all buildings, 240
structures, and other places, the condition of which may be 242
dangerous from a fire safety standpoint to life or property, or 243
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 245
of fire marshal, a bureau of fire prevention consisting of a 246
chief of the bureau, and such additional assistant fire marshals 247
as the fire marshal determines necessary for the efficient 248
administration of the bureau. The chief shall be qualified, by 249
education or experience, to promote programs for rural and urban 250
fire prevention and protection. The chief, among other duties 251
delegated to the chief by the fire marshal, is responsible, under 253
the direction of the fire marshal, for the promotion of rural and 254
urban fire prevention and protection through public information 255
and education programs. 256
(F) The fire marshal shall cooperate with the director of 258
human services when the director promulgates rules pursuant to 259
section 5104.052 of the Revised Code regarding fire prevention 260
and fire safety in certified type B family day-care homes, as 261
defined in section 5104.01 of the Revised Code, recommend 262
procedures for inspecting type B homes to determine whether they 263
are in compliance with those rules, and provide training and 264
technical assistance to the director and county directors of 265
human services on the procedures for determining compliance with 266
those rules. 267
(G) The fire marshal, upon request of a provider of child 269
day-care in a type B home that is not certified by the county 270
director of human services, as a precondition of approval by the 271
state board of education pursuant to section 3313.813 of the 272
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Revised Code for receipt of United States department of 273
agriculture child AND ADULT care food program funds established 274
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 276
U.S.C. 1751, as amended, shall inspect the type B home to 277
determine compliance with rules promulgated pursuant to section 278
5104.052 of the Revised Code regarding fire prevention and fire 279
safety in certified type B homes. In municipal corporations and 280
in townships where there is a certified fire safety inspector, 281
the inspections shall be made by that inspector under the 282
supervision of the fire marshal, according to rules promulgated 283
pursuant to section 5104.052 of the Revised Code. In townships 284
outside municipal corporations where there is no certified fire 285
safety inspector, inspections shall be made by the fire marshal. 286
Sec. 5104.02. (A) The director of human services is 295
responsible for the licensing of child day-care centers and type 296
A family day-care homes, and for the enforcement of this chapter 297
and of rules promulgated pursuant to this chapter. No person, 298
firm, organization, institution, or agency shall operate, 299
establish, manage, conduct, or maintain a child day-care center 300
or type A family day-care home without a license issued under 301
section 5104.03 of the Revised Code. The current license shall 302
be posted in a conspicuous place in the center or type A home 303
that is accessible to parents, custodians, or guardians and 304
employees of the center or type A home at all times when the 305
center or type A home is in operation. 306
(B) A person, firm, institution, organization, or agency 308
operating any of the following programs is exempt from the 309
provisions REQUIREMENTS of this chapter: 310
(1) A program of child day-care that operates for two or 312
less consecutive weeks; 313
(2) Child day-care in places of worship during religious 315
activities during which children are cared for while at least one 316
parent, guardian, or custodian of each child is participating in 317
such activities and is readily available; 318
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(3) Religious activities which do not provide child 320
day-care; 321
(4) Supervised training, instruction, or activities of 323
children in specific areas, including, but not limited to: art; 324
drama; dance; music; gymnastics, swimming, or another athletic 325
skill or sport; computers; or an educational subject conducted on 326
an organized or periodic basis no more than one day a week and 327
for no more than six hours duration; 328
(5) Programs in which the director determines that at 330
least one parent, custodian, or guardian of each child is on the 331
premises of the facility offering child day-care and is readily 332
accessible at all times, except that child day-care provided on 333
the premises at which a parent, custodian, or guardian is 334
employed more than two and one-half hours a day shall be licensed 335
in accordance with division (A) of this section; 336
(6)(a) Programs that provide child day-care funded and 338
regulated or operated and regulated by state departments other 339
than the department of human services or the state board of 340
education when the director of human services has determined that 341
the rules governing the program are equivalent to or exceed the 342
rules promulgated pursuant to this chapter. 343
Notwithstanding any exemption from regulation under this 345
chapter, each state department shall submit to the director of 346
human services a copy of the rules that govern programs that 347
provide child day-care and are regulated or operated and 348
regulated by the department. Annually, each state department 349
shall submit to the director a report for each such program it 350
regulates or operates and regulates that includes the following 351
information: 352
(i) The site location of the program; 354
(ii) The maximum number of infants, toddlers, preschool 356
children, or school children served by the program at one time; 357
(iii) The number of adults providing child day-care for 359
the number of infants, toddlers, preschool children, or school 360
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children; 361
(iv) Any changes in the rules made subsequent to the time 363
when the rules were initially submitted to the director. 364
The director shall maintain a record of the child day-care 366
information submitted by other state departments and shall 367
provide this information upon request to the general assembly or 368
the public. 369
(b) Child day-care programs conducted by boards of 371
education or by chartered nonpublic schools that are conducted in 372
school buildings and that provide child day-care to school 373
children only shall be exempt from meeting or exceeding rules 374
promulgated pursuant to this chapter. 375
(7) Any preschool program or school child program that is 377
subject to licensure by the department of education under 378
sections 3301.52 to 3301.59 of the Revised Code. 379
(8) Any program providing child day-care that meets all of 381
the following requirements and, on October 20, 1987, was being 382
operated by a nonpublic school that holds a charter issued by the 383
state board of education for kindergarten only: 384
(a) The nonpublic school has given the notice to the state 386
board and the director of human services required by Section 4 of 387
Substitute House Bill No. 253 of the 117th general assembly; 388
(b) The nonpublic school continues to be chartered by the 390
state board for kindergarten, or receives and continues to hold a 391
charter from the state board for kindergarten through grade five; 392
(c) The program is conducted in a school building; 394
(d) The program is operated in accordance with rules 396
promulgated by the state board under sections 3301.52 to 3301.57 397
of the Revised Code. 398
(9) A YOUTH DEVELOPMENT PROGRAM OPERATED OUTSIDE OF SCHOOL 401
HOURS BY A COMMUNITY-BASED CENTER TO WHICH ALL OF THE FOLLOWING 402
APPLY:
(a) THE CHILDREN ENROLLED IN THE PROGRAM ARE UNDER 404
NINETEEN YEARS OF AGE AND ENROLLED IN OR ELIGIBLE TO BE ENROLLED 405
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IN A GRADE OF KINDERGARTEN OR ABOVE. 406
(b) THE PROGRAM PROVIDES INFORMAL CHILD CARE AND AT LEAST 409
TWO OF THE FOLLOWING SUPERVISED ACTIVITIES: EDUCATIONAL, 410
RECREATIONAL, CULTURALLY ENRICHING, SOCIAL, AND PERSONAL 411
DEVELOPMENT ACTIVITIES.
(c) THE STATE BOARD OF EDUCATION HAS APPROVED THE 413
PROGRAM'S PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM 414
AS AN OUTSIDE-SCHOOL-HOURS CARE CENTER PURSUANT TO STANDARDS 415
ESTABLISHED UNDER SECTION 3313.813 OF THE REVISED CODE. 418
(d) THE COMMUNITY-BASED CENTER OPERATING THE PROGRAM IS 421
EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C. 501(a) 423
AND (c)(3).
Sec. 5104.021. THE DIRECTOR OF HUMAN SERVICES MAY NOT 425
ISSUE A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME 427
LICENSE TO A YOUTH DEVELOPMENT PROGRAM THAT IS EXEMPTED BY 428
DIVISION (B)(9) OF SECTION 5104.02 OF THE REVISED CODE FROM THE 432
REQUIREMENTS OF THIS CHAPTER.
Sec. 5104.053. As a precondition of approval by the state 441
board of education pursuant to section 3313.813 of the Revised 442
Code for receipt of United States department of agriculture child 443
AND ADULT care food program funds established under the "National 445
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 446
amended, the provider of child day-care in a type B family 447
day-care home that is not certified by the county director of 449
human services shall request an inspection of the type B home by 451
the fire marshal, who shall inspect the type B home pursuant to 453
section 3737.22 of the Revised Code to determine that it is in 454
compliance with rules established pursuant to section 5104.052 of 455
the Revised Code for certified type B homes. 456
Section 2. That existing sections 3313.813, 3737.22, 458
5104.02, and 5104.053 of the Revised Code are hereby repealed. 460
Section 3. This act is hereby declared to be an emergency 462
measure necessary for the immediate preservation of the public 463
peace, health, and safety. The reason for such necessity is that 464
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the Midwest Regional Office of the Food and Consumer Service, 465
United States Department of Agriculture, has informed the Ohio 466
Department of Education that, as long as licensing is available
to youth development programs, unlicensed programs will no longer 468
be eligible to participate in the Child and Adult Care Food 469
Program effective January 1, 1998, and this act provides that 470
licensing is not available to youth development programs. 471
Therefore, this act shall go into immediate effect. 472