As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 570 5
1997-1998 6
REPRESENTATIVES WINKLER-MASON-GRENDELL-HARRIS-CLANCY-JONES- 8
MILLER-WILLIAMS-BOYD-FORD-PRINGLE-WILLAMOWSKI-GARCIA-SCHULER- 9
O'BRIEN-REID-MEAD-BENDER-OPFER-TAVARES-VESPER-MYERS- 10
BRITTON-SUTTON-ALLEN-SYKES-SALERNO 11
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A B I L L
To amend sections 3313.813, 3737.22, 5104.02, and 15
5104.053 and to enact section 5104.021 of the 16
Revised Code to exempt youth development programs 17
from child day-care licensing requirements and to 18
declare an emergency. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3313.813, 3737.22, 5104.02, and 23
5104.053 be amended and section 5104.021 of the Revised Code be 25
enacted to read as follows:
Sec. 3313.813. (A) AS USED IN THIS SECTION: 34
(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT 36
PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR 37
CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR 38
EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF 39
ITS EDUCATIONAL PROGRAM.
(2) "OUTSIDE-SCHOOL-HOURS CARE CENTER" HAS THE MEANING 41
ESTABLISHED IN 7 C.F.R. 226.2. 42
(B) The state board of education shall establish standards 45
for a school lunch program, school breakfast program, child AND 46
ADULT care food program, special food service program for 48
children, summer food service program for children, special milk 49
program for children, food service equipment assistance program, 50
and commodity distribution program established under the
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"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 51
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 52
42 U.S.C. 1771, as amended. Any board of education of a school 53
district, nonprofit private school, outdoor education center, 54
child care institution, OUTSIDE-SCHOOL-HOURS CARE CENTER, or 55
summer camp desiring to participate in such a program or required 58
to participate under this section shall, if eligible to 59
participate under the "National School Lunch Act," as amended, or 60
the "Child Nutrition Act of 1966," as amended, make application 61
to the state board of education for assistance. The board shall 62
administer the allocation and distribution of all state and 63
federal funds for these programs.
(B)(C) The state board of education shall require the 65
board of education of each school district included under this 67
division to establish and maintain a school breakfast and lunch 70
program pursuant to the "National School Lunch Act" and the 71
"Child Nutrition Act of 1966."
(1) The state board shall require the board of education 73
in each school district to establish a breakfast program in every 74
school where at least one-third of the pupils in the school are 75
eligible under federal requirements for free breakfasts and to 76
establish a lunch program in every school where at least 77
one-third of the pupils are eligible for free lunches. The board 78
of education required to establish a breakfast program under this 79
division may make a charge in accordance with federal 80
requirements for each reduced price breakfast or paid breakfast 81
to cover the cost incurred in providing that meal.
(2) The state board shall require the board of education 83
in each school district to establish a breakfast program in every 84
school in which the parents of at least one-half of the children 85
enrolled in the school have requested that the breakfast program 86
be established. The board of education required to establish a 87
program under this division may make a charge for each meal to 88
cover all or part of the costs incurred in establishing such a 89
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program. 90
(3) If a school district cannot for good cause comply with 92
the requirements of division (B)(C)(1) or (2) of this section at 94
the time the state board determines that a district is subject to 95
these requirements, the state board of education shall grant a 96
reasonable extension of time. Good cause for an extension of 97
time shall include, but need not be limited to, economic 98
impossibility of compliance with the requirements at the time the 99
state board determines that a district is subject to them. 100
(C)(D)(1) The state board of education shall accept the 102
application of any outdoor education center in the state making 103
application for participation in a program pursuant to division 104
(A)(B) of this section. 105
(2) For purposes of participation in any program pursuant 107
to this section, the board shall certify any outdoor education 108
center making application as an educational unit that is part of 109
the educational system of the state, if the center: 110
(a) Meets the definition of an outdoor education center 112
established in this division; 113
(b) Provides its outdoor education curriculum to pupils on 115
an overnight basis so that pupils are in residence at the center 116
for more than twenty-four consecutive hours; 117
(c) Operates under public or nonprofit private ownership 119
in a single building or complex of buildings. 120
(3) The board shall approve any outdoor education center 122
certified under this division for participation in the program 123
for which the center is making application on the same basis as 124
any other applicant for that program. 125
(4) For purposes of this section, "outdoor education 127
center" means a public or nonprofit private entity that provides 128
to pupils enrolled in any public or chartered nonpublic 129
elementary or secondary school an outdoor educational curriculum 130
that the school considers to be part of its educational program. 131
Sec. 3737.22. (A) The fire marshal shall do all of the 140
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following: 141
(1) Adopt the state fire code under sections 3737.82 to 143
3737.86 of the Revised Code; 144
(2) Enforce the state fire code; 146
(3) Appoint assistant fire marshals who are authorized to 148
enforce the state fire code; 149
(4) Conduct investigations into the cause, origin, and 151
circumstances of fires and explosions, and prosecute persons 152
believed to be guilty of arson or a similar crime; 153
(5) Compile statistics concerning loss due to fire and 155
explosion as the fire marshal considers necessary, and consider 157
the compatibility of the fire marshal's system of compilation 158
with the systems of other state and federal agencies and fire 160
marshals of other states; 161
(6) Engage in research on the cause and prevention of 163
losses due to fire and explosion; 164
(7) Engage in public education and informational 166
activities which will inform the public of fire safety 167
information; 168
(8) Operate a fire training academy and arson crime 170
laboratory; 171
(9) Conduct such other fire safety and fire fighting 173
training activities for the public and groups as will further the 174
cause of fire safety; 175
(10) Issue permits, licenses, and certificates as 177
authorized by the Revised Code; 178
(11) Conduct tests of fire protection systems and devices, 180
and fire fighting equipment to determine compliance with the 181
state fire code, unless a building is insured against the hazard 182
of fire, in which case such tests may be performed by the company 183
insuring the building; 184
(12) Establish and collect fees for permits, licenses, and 186
certificates; 187
(13) Make available for the prosecuting attorney and an 189
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assistant prosecuting attorney from each county of this state, in 190
accordance with section 3737.331 of the Revised Code, a seminar 191
program, attendance at which is optional, that is designed to 192
provide current information, data, training, and techniques 193
relative to the prosecution of arson cases; 194
(14) Administer and enforce Chapter 3743. of the Revised 196
Code; 197
(15) Develop a form for the written report required to be 199
filed under division (E)(4) of section 2921.22 of the Revised 200
Code, and accept such reports when they are filed. 201
(B) The fire marshal shall appoint a chief deputy, and 203
shall employ professional and clerical assistance as the fire 204
marshal considers necessary. The chief deputy shall be a 206
competent former or current member of a fire agency and possess 207
five years of recent, progressively more responsible experience 208
in fire inspection and fire code management. All employees, 209
other than the fire marshal, the chief deputy, the superintendent 210
of the Ohio fire academy, the grants administrator, the fiscal 211
officer, the executive secretary to the state fire marshal, and 212
the chiefs of the bureau of fire prevention, the arson bureau, 213
the arson crime laboratory, and the bureau of underground storage 214
tanks, shall be in the classified civil service. The fire 216
marshal shall authorize the chief deputy and other employees 217
under the fire marshal's supervision to exercise powers granted 219
to the fire marshal by law as may be necessary to carry out the 220
duties of the fire marshal's office. 221
(C) The fire marshal shall create, in and as a part of the 223
office of fire marshal, an arson bureau consisting of a chief of 224
the bureau, and such additional assistant fire marshals as the 225
fire marshal determines necessary for the efficient 226
administration of the bureau. The chief shall be experienced in 227
the investigation of the cause, origin, and circumstances of 228
fires, and in administration, including the supervision of 229
subordinates. The chief, among other duties delegated to the 230
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chief by the fire marshal, shall be responsible, under the 232
direction of the fire marshal, for the investigation of the 233
cause, origin, and circumstances of each fire, and for the 234
prosecution of persons believed to be guilty of arson or a 235
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 237
the chief deputy under the direction of the fire marshal, may 240
cause the inspection to be conducted of all buildings, 242
structures, and other places, the condition of which may be 244
dangerous from a fire safety standpoint to life or property, or 245
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 247
of fire marshal, a bureau of fire prevention consisting of a 248
chief of the bureau, and such additional assistant fire marshals 249
as the fire marshal determines necessary for the efficient 250
administration of the bureau. The chief shall be qualified, by 251
education or experience, to promote programs for rural and urban 252
fire prevention and protection. The chief, among other duties 253
delegated to the chief by the fire marshal, is responsible, under 255
the direction of the fire marshal, for the promotion of rural and 256
urban fire prevention and protection through public information 257
and education programs. 258
(F) The fire marshal shall cooperate with the director of 260
human services when the director promulgates rules pursuant to 261
section 5104.052 of the Revised Code regarding fire prevention 262
and fire safety in certified type B family day-care homes, as 263
defined in section 5104.01 of the Revised Code, recommend 264
procedures for inspecting type B homes to determine whether they 265
are in compliance with those rules, and provide training and 266
technical assistance to the director and county directors of 267
human services on the procedures for determining compliance with 268
those rules. 269
(G) The fire marshal, upon request of a provider of child 271
day-care in a type B home that is not certified by the county 272
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director of human services, as a precondition of approval by the 273
state board of education pursuant to section 3313.813 of the 274
Revised Code for receipt of United States department of 275
agriculture child AND ADULT care food program funds established 276
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 278
U.S.C. 1751, as amended, shall inspect the type B home to 279
determine compliance with rules promulgated pursuant to section 280
5104.052 of the Revised Code regarding fire prevention and fire 281
safety in certified type B homes. In municipal corporations and 282
in townships where there is a certified fire safety inspector, 283
the inspections shall be made by that inspector under the 284
supervision of the fire marshal, according to rules promulgated 285
pursuant to section 5104.052 of the Revised Code. In townships 286
outside municipal corporations where there is no certified fire 287
safety inspector, inspections shall be made by the fire marshal. 288
Sec. 5104.02. (A) The director of human services is 297
responsible for the licensing of child day-care centers and type 298
A family day-care homes, and for the enforcement of this chapter 299
and of rules promulgated pursuant to this chapter. No person, 300
firm, organization, institution, or agency shall operate, 301
establish, manage, conduct, or maintain a child day-care center 302
or type A family day-care home without a license issued under 303
section 5104.03 of the Revised Code. The current license shall 304
be posted in a conspicuous place in the center or type A home 305
that is accessible to parents, custodians, or guardians and 306
employees of the center or type A home at all times when the 307
center or type A home is in operation. 308
(B) A person, firm, institution, organization, or agency 310
operating any of the following programs is exempt from the 311
provisions REQUIREMENTS of this chapter: 312
(1) A program of child day-care that operates for two or 314
less consecutive weeks; 315
(2) Child day-care in places of worship during religious 317
activities during which children are cared for while at least one 318
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parent, guardian, or custodian of each child is participating in 319
such activities and is readily available; 320
(3) Religious activities which do not provide child 322
day-care; 323
(4) Supervised training, instruction, or activities of 325
children in specific areas, including, but not limited to: art; 326
drama; dance; music; gymnastics, swimming, or another athletic 327
skill or sport; computers; or an educational subject conducted on 328
an organized or periodic basis no more than one day a week and 329
for no more than six hours duration; 330
(5) Programs in which the director determines that at 332
least one parent, custodian, or guardian of each child is on the 333
premises of the facility offering child day-care and is readily 334
accessible at all times, except that child day-care provided on 335
the premises at which a parent, custodian, or guardian is 336
employed more than two and one-half hours a day shall be licensed 337
in accordance with division (A) of this section; 338
(6)(a) Programs that provide child day-care funded and 340
regulated or operated and regulated by state departments other 341
than the department of human services or the state board of 342
education when the director of human services has determined that 343
the rules governing the program are equivalent to or exceed the 344
rules promulgated pursuant to this chapter. 345
Notwithstanding any exemption from regulation under this 347
chapter, each state department shall submit to the director of 348
human services a copy of the rules that govern programs that 349
provide child day-care and are regulated or operated and 350
regulated by the department. Annually, each state department 351
shall submit to the director a report for each such program it 352
regulates or operates and regulates that includes the following 353
information: 354
(i) The site location of the program; 356
(ii) The maximum number of infants, toddlers, preschool 358
children, or school children served by the program at one time; 359
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(iii) The number of adults providing child day-care for 361
the number of infants, toddlers, preschool children, or school 362
children; 363
(iv) Any changes in the rules made subsequent to the time 365
when the rules were initially submitted to the director. 366
The director shall maintain a record of the child day-care 368
information submitted by other state departments and shall 369
provide this information upon request to the general assembly or 370
the public. 371
(b) Child day-care programs conducted by boards of 373
education or by chartered nonpublic schools that are conducted in 374
school buildings and that provide child day-care to school 375
children only shall be exempt from meeting or exceeding rules 376
promulgated pursuant to this chapter. 377
(7) Any preschool program or school child program that is 379
subject to licensure by the department of education under 380
sections 3301.52 to 3301.59 of the Revised Code. 381
(8) Any program providing child day-care that meets all of 383
the following requirements and, on October 20, 1987, was being 384
operated by a nonpublic school that holds a charter issued by the 385
state board of education for kindergarten only: 386
(a) The nonpublic school has given the notice to the state 388
board and the director of human services required by Section 4 of 389
Substitute House Bill No. 253 of the 117th general assembly; 390
(b) The nonpublic school continues to be chartered by the 392
state board for kindergarten, or receives and continues to hold a 393
charter from the state board for kindergarten through grade five; 394
(c) The program is conducted in a school building; 396
(d) The program is operated in accordance with rules 398
promulgated by the state board under sections 3301.52 to 3301.57 399
of the Revised Code. 400
(9) A YOUTH DEVELOPMENT PROGRAM OPERATED OUTSIDE OF SCHOOL 403
HOURS BY A COMMUNITY-BASED CENTER TO WHICH ALL OF THE FOLLOWING 404
APPLY:
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(a) THE CHILDREN ENROLLED IN THE PROGRAM ARE UNDER 406
NINETEEN YEARS OF AGE AND ENROLLED IN OR ELIGIBLE TO BE ENROLLED 407
IN A GRADE OF KINDERGARTEN OR ABOVE. 408
(b) THE PROGRAM PROVIDES INFORMAL CHILD CARE AND AT LEAST 411
TWO OF THE FOLLOWING SUPERVISED ACTIVITIES: EDUCATIONAL, 412
RECREATIONAL, CULTURALLY ENRICHING, SOCIAL, AND PERSONAL 413
DEVELOPMENT ACTIVITIES.
(c) THE STATE BOARD OF EDUCATION HAS APPROVED THE 415
PROGRAM'S PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM 416
AS AN OUTSIDE-SCHOOL-HOURS CARE CENTER PURSUANT TO STANDARDS 417
ESTABLISHED UNDER SECTION 3313.813 OF THE REVISED CODE. 420
(d) THE COMMUNITY-BASED CENTER OPERATING THE PROGRAM IS 423
EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C. 501(a) 425
AND (c)(3).
Sec. 5104.021. THE DIRECTOR OF HUMAN SERVICES MAY NOT 427
ISSUE A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME 429
LICENSE TO A YOUTH DEVELOPMENT PROGRAM THAT IS EXEMPTED BY 430
DIVISION (B)(9) OF SECTION 5104.02 OF THE REVISED CODE FROM THE 434
REQUIREMENTS OF THIS CHAPTER.
Sec. 5104.053. As a precondition of approval by the state 443
board of education pursuant to section 3313.813 of the Revised 444
Code for receipt of United States department of agriculture child 445
AND ADULT care food program funds established under the "National 447
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 448
amended, the provider of child day-care in a type B family 449
day-care home that is not certified by the county director of 451
human services shall request an inspection of the type B home by 453
the fire marshal, who shall inspect the type B home pursuant to 455
section 3737.22 of the Revised Code to determine that it is in 456
compliance with rules established pursuant to section 5104.052 of 457
the Revised Code for certified type B homes. 458
Section 2. That existing sections 3313.813, 3737.22, 460
5104.02, and 5104.053 of the Revised Code are hereby repealed. 462
Section 3. This act is hereby declared to be an emergency 464
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measure necessary for the immediate preservation of the public 465
peace, health, and safety. The reason for such necessity is that 466
the Midwest Regional Office of the Food and Consumer Service, 467
United States Department of Agriculture, has informed the Ohio 468
Department of Education that, as long as licensing is available
to youth development programs, unlicensed programs will no longer 470
be eligible to participate in the Child and Adult Care Food 471
Program effective March 30, 1998, and this act provides that 472
licensing is not available to youth development programs. 473
Therefore, this act shall go into immediate effect. 474