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           


                                                                   13           

                           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                        

                                                          2      

                                                                 
"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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
      (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:                                                                          

                                                          10     

                                                                 
      (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          

                                                          11     

                                                                 
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