As Reported by the Senate Human Services and Aging Committee 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
SENATORS CARNES-HOWARD-McLIN-SCHAFRATH-KEARNS-OELSLAGER-WHITE 12
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A B I L L
To amend sections 3313.813, 3737.22, 5104.02, and 16
5104.053 and to enact section 5104.021 of the 17
Revised Code to exempt youth development programs 18
from child day-care licensing requirements and to 19
declare an emergency. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 3313.813, 3737.22, 5104.02, and 24
5104.053 be amended and section 5104.021 of the Revised Code be 26
enacted to read as follows:
Sec. 3313.813. (A) AS USED IN THIS SECTION: 35
(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT 37
PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR 38
CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR 39
EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF 40
ITS EDUCATIONAL PROGRAM.
(2) "OUTSIDE-SCHOOL-HOURS CARE CENTER" HAS THE MEANING 42
ESTABLISHED IN 7 C.F.R. 226.2. 43
(B) The state board of education shall establish standards 46
for a school lunch program, school breakfast program, child AND 47
ADULT care food program, special food service program for 49
children, summer food service program for children, special milk 50
program for children, food service equipment assistance program, 51
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and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 52
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 53
42 U.S.C. 1771, as amended. Any board of education of a school 54
district, nonprofit private school, outdoor education center, 55
child care institution, OUTSIDE-SCHOOL-HOURS CARE CENTER, or 56
summer camp desiring to participate in such a program or required 59
to participate under this section shall, if eligible to 60
participate under the "National School Lunch Act," as amended, or 61
the "Child Nutrition Act of 1966," as amended, make application 62
to the state board of education for assistance. The board shall 63
administer the allocation and distribution of all state and 64
federal funds for these programs.
(B)(C) The state board of education shall require the 66
board of education of each school district included under this 68
division to establish and maintain a school breakfast and lunch 71
program pursuant to the "National School Lunch Act" and the 72
"Child Nutrition Act of 1966."
(1) The state board shall require the board of education 74
in each school district to establish a breakfast program in every 75
school where at least one-third of the pupils in the school are 76
eligible under federal requirements for free breakfasts and to 77
establish a lunch program in every school where at least 78
one-third of the pupils are eligible for free lunches. The board 79
of education required to establish a breakfast program under this 80
division may make a charge in accordance with federal 81
requirements for each reduced price breakfast or paid breakfast 82
to cover the cost incurred in providing that meal.
(2) The state board shall require the board of education 84
in each school district to establish a breakfast program in every 85
school in which the parents of at least one-half of the children 86
enrolled in the school have requested that the breakfast program 87
be established. The board of education required to establish a 88
program under this division may make a charge for each meal to 89
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cover all or part of the costs incurred in establishing such a 90
program. 91
(3) If a school district cannot for good cause comply with 93
the requirements of division (B)(C)(1) or (2) of this section at 95
the time the state board determines that a district is subject to 96
these requirements, the state board of education shall grant a 97
reasonable extension of time. Good cause for an extension of 98
time shall include, but need not be limited to, economic 99
impossibility of compliance with the requirements at the time the 100
state board determines that a district is subject to them. 101
(C)(D)(1) The state board of education shall accept the 103
application of any outdoor education center in the state making 104
application for participation in a program pursuant to division 105
(A)(B) of this section. 106
(2) For purposes of participation in any program pursuant 108
to this section, the board shall certify any outdoor education 109
center making application as an educational unit that is part of 110
the educational system of the state, if the center: 111
(a) Meets the definition of an outdoor education center 113
established in this division; 114
(b) Provides its outdoor education curriculum to pupils on 116
an overnight basis so that pupils are in residence at the center 117
for more than twenty-four consecutive hours; 118
(c) Operates under public or nonprofit private ownership 120
in a single building or complex of buildings. 121
(3) The board shall approve any outdoor education center 123
certified under this division for participation in the program 124
for which the center is making application on the same basis as 125
any other applicant for that program. 126
(4) For purposes of this section, "outdoor education 128
center" means a public or nonprofit private entity that provides 129
to pupils enrolled in any public or chartered nonpublic 130
elementary or secondary school an outdoor educational curriculum 131
that the school considers to be part of its educational program. 132
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Sec. 3737.22. (A) The fire marshal shall do all of the 141
following: 142
(1) Adopt the state fire code under sections 3737.82 to 144
3737.86 of the Revised Code; 145
(2) Enforce the state fire code; 147
(3) Appoint assistant fire marshals who are authorized to 149
enforce the state fire code; 150
(4) Conduct investigations into the cause, origin, and 152
circumstances of fires and explosions, and prosecute persons 153
believed to be guilty of arson or a similar crime; 154
(5) Compile statistics concerning loss due to fire and 156
explosion as the fire marshal considers necessary, and consider 158
the compatibility of the fire marshal's system of compilation 159
with the systems of other state and federal agencies and fire 161
marshals of other states; 162
(6) Engage in research on the cause and prevention of 164
losses due to fire and explosion; 165
(7) Engage in public education and informational 167
activities which will inform the public of fire safety 168
information; 169
(8) Operate a fire training academy and arson crime 171
laboratory; 172
(9) Conduct such other fire safety and fire fighting 174
training activities for the public and groups as will further the 175
cause of fire safety; 176
(10) Issue permits, licenses, and certificates as 178
authorized by the Revised Code; 179
(11) Conduct tests of fire protection systems and devices, 181
and fire fighting equipment to determine compliance with the 182
state fire code, unless a building is insured against the hazard 183
of fire, in which case such tests may be performed by the company 184
insuring the building; 185
(12) Establish and collect fees for permits, licenses, and 187
certificates; 188
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(13) Make available for the prosecuting attorney and an 190
assistant prosecuting attorney from each county of this state, in 191
accordance with section 3737.331 of the Revised Code, a seminar 192
program, attendance at which is optional, that is designed to 193
provide current information, data, training, and techniques 194
relative to the prosecution of arson cases; 195
(14) Administer and enforce Chapter 3743. of the Revised 197
Code; 198
(15) Develop a form for the written report required to be 200
filed under division (E)(4) of section 2921.22 of the Revised 201
Code, and accept such reports when they are filed. 202
(B) The fire marshal shall appoint a chief deputy, and 204
shall employ professional and clerical assistance as the fire 205
marshal considers necessary. The chief deputy shall be a 207
competent former or current member of a fire agency and possess 208
five years of recent, progressively more responsible experience 209
in fire inspection and fire code management. All employees, 210
other than the fire marshal, the chief deputy, the superintendent 211
of the Ohio fire academy, the grants administrator, the fiscal 212
officer, the executive secretary to the state fire marshal, and 213
the chiefs of the bureau of fire prevention, the arson bureau, 214
the arson crime laboratory, and the bureau of underground storage 215
tanks, shall be in the classified civil service. The fire 217
marshal shall authorize the chief deputy and other employees 218
under the fire marshal's supervision to exercise powers granted 220
to the fire marshal by law as may be necessary to carry out the 221
duties of the fire marshal's office. 222
(C) The fire marshal shall create, in and as a part of the 224
office of fire marshal, an arson bureau consisting of a chief of 225
the bureau, and such additional assistant fire marshals as the 226
fire marshal determines necessary for the efficient 227
administration of the bureau. The chief shall be experienced in 228
the investigation of the cause, origin, and circumstances of 229
fires, and in administration, including the supervision of 230
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subordinates. The chief, among other duties delegated to the 231
chief by the fire marshal, shall be responsible, under the 233
direction of the fire marshal, for the investigation of the 234
cause, origin, and circumstances of each fire, and for the 235
prosecution of persons believed to be guilty of arson or a 236
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 238
the chief deputy under the direction of the fire marshal, may 241
cause the inspection to be conducted of all buildings, 243
structures, and other places, the condition of which may be 245
dangerous from a fire safety standpoint to life or property, or 246
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 248
of fire marshal, a bureau of fire prevention consisting of a 249
chief of the bureau, and such additional assistant fire marshals 250
as the fire marshal determines necessary for the efficient 251
administration of the bureau. The chief shall be qualified, by 252
education or experience, to promote programs for rural and urban 253
fire prevention and protection. The chief, among other duties 254
delegated to the chief by the fire marshal, is responsible, under 256
the direction of the fire marshal, for the promotion of rural and 257
urban fire prevention and protection through public information 258
and education programs. 259
(F) The fire marshal shall cooperate with the director of 261
human services when the director promulgates rules pursuant to 262
section 5104.052 of the Revised Code regarding fire prevention 263
and fire safety in certified type B family day-care homes, as 264
defined in section 5104.01 of the Revised Code, recommend 265
procedures for inspecting type B homes to determine whether they 266
are in compliance with those rules, and provide training and 267
technical assistance to the director and county directors of 268
human services on the procedures for determining compliance with 269
those rules. 270
(G) The fire marshal, upon request of a provider of child 272
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day-care in a type B home that is not certified by the county 273
director of human services, as a precondition of approval by the 274
state board of education pursuant to section 3313.813 of the 275
Revised Code for receipt of United States department of 276
agriculture child AND ADULT care food program funds established 277
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 279
U.S.C. 1751, as amended, shall inspect the type B home to 280
determine compliance with rules promulgated pursuant to section 281
5104.052 of the Revised Code regarding fire prevention and fire 282
safety in certified type B homes. In municipal corporations and 283
in townships where there is a certified fire safety inspector, 284
the inspections shall be made by that inspector under the 285
supervision of the fire marshal, according to rules promulgated 286
pursuant to section 5104.052 of the Revised Code. In townships 287
outside municipal corporations where there is no certified fire 288
safety inspector, inspections shall be made by the fire marshal. 289
Sec. 5104.02. (A) The director of human services is 298
responsible for the licensing of child day-care centers and type 299
A family day-care homes, and for the enforcement of this chapter 300
and of rules promulgated pursuant to this chapter. No person, 301
firm, organization, institution, or agency shall operate, 302
establish, manage, conduct, or maintain a child day-care center 303
or type A family day-care home without a license issued under 304
section 5104.03 of the Revised Code. The current license shall 305
be posted in a conspicuous place in the center or type A home 306
that is accessible to parents, custodians, or guardians and 307
employees of the center or type A home at all times when the 308
center or type A home is in operation. 309
(B) A person, firm, institution, organization, or agency 311
operating any of the following programs is exempt from the 312
provisions REQUIREMENTS of this chapter: 313
(1) A program of child day-care that operates for two or 315
less consecutive weeks; 316
(2) Child day-care in places of worship during religious 318
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activities during which children are cared for while at least one 319
parent, guardian, or custodian of each child is participating in 320
such activities and is readily available; 321
(3) Religious activities which do not provide child 323
day-care; 324
(4) Supervised training, instruction, or activities of 326
children in specific areas, including, but not limited to: art; 327
drama; dance; music; gymnastics, swimming, or another athletic 328
skill or sport; computers; or an educational subject conducted on 329
an organized or periodic basis no more than one day a week and 330
for no more than six hours duration; 331
(5) Programs in which the director determines that at 333
least one parent, custodian, or guardian of each child is on the 334
premises of the facility offering child day-care and is readily 335
accessible at all times, except that child day-care provided on 336
the premises at which a parent, custodian, or guardian is 337
employed more than two and one-half hours a day shall be licensed 338
in accordance with division (A) of this section; 339
(6)(a) Programs that provide child day-care funded and 341
regulated or operated and regulated by state departments other 342
than the department of human services or the state board of 343
education when the director of human services has determined that 344
the rules governing the program are equivalent to or exceed the 345
rules promulgated pursuant to this chapter. 346
Notwithstanding any exemption from regulation under this 348
chapter, each state department shall submit to the director of 349
human services a copy of the rules that govern programs that 350
provide child day-care and are regulated or operated and 351
regulated by the department. Annually, each state department 352
shall submit to the director a report for each such program it 353
regulates or operates and regulates that includes the following 354
information: 355
(i) The site location of the program; 357
(ii) The maximum number of infants, toddlers, preschool 359
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children, or school children served by the program at one time; 360
(iii) The number of adults providing child day-care for 362
the number of infants, toddlers, preschool children, or school 363
children; 364
(iv) Any changes in the rules made subsequent to the time 366
when the rules were initially submitted to the director. 367
The director shall maintain a record of the child day-care 369
information submitted by other state departments and shall 370
provide this information upon request to the general assembly or 371
the public. 372
(b) Child day-care programs conducted by boards of 374
education or by chartered nonpublic schools that are conducted in 375
school buildings and that provide child day-care to school 376
children only shall be exempt from meeting or exceeding rules 377
promulgated pursuant to this chapter. 378
(7) Any preschool program or school child program that is 380
subject to licensure by the department of education under 381
sections 3301.52 to 3301.59 of the Revised Code. 382
(8) Any program providing child day-care that meets all of 384
the following requirements and, on October 20, 1987, was being 385
operated by a nonpublic school that holds a charter issued by the 386
state board of education for kindergarten only: 387
(a) The nonpublic school has given the notice to the state 389
board and the director of human services required by Section 4 of 390
Substitute House Bill No. 253 of the 117th general assembly; 391
(b) The nonpublic school continues to be chartered by the 393
state board for kindergarten, or receives and continues to hold a 394
charter from the state board for kindergarten through grade five; 395
(c) The program is conducted in a school building; 397
(d) The program is operated in accordance with rules 399
promulgated by the state board under sections 3301.52 to 3301.57 400
of the Revised Code. 401
(9) A YOUTH DEVELOPMENT PROGRAM OPERATED OUTSIDE OF SCHOOL 404
HOURS BY A COMMUNITY-BASED CENTER TO WHICH ALL OF THE FOLLOWING 405
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APPLY:
(a) THE CHILDREN ENROLLED IN THE PROGRAM ARE UNDER 407
NINETEEN YEARS OF AGE AND ENROLLED IN OR ELIGIBLE TO BE ENROLLED 408
IN A GRADE OF KINDERGARTEN OR ABOVE. 409
(b) THE PROGRAM PROVIDES INFORMAL CHILD CARE AND AT LEAST 412
TWO OF THE FOLLOWING SUPERVISED ACTIVITIES: EDUCATIONAL, 413
RECREATIONAL, CULTURALLY ENRICHING, SOCIAL, AND PERSONAL 414
DEVELOPMENT ACTIVITIES.
(c) THE STATE BOARD OF EDUCATION HAS APPROVED THE 416
PROGRAM'S PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM 417
AS AN OUTSIDE-SCHOOL-HOURS CARE CENTER PURSUANT TO STANDARDS 418
ESTABLISHED UNDER SECTION 3313.813 OF THE REVISED CODE. 421
(d) THE COMMUNITY-BASED CENTER OPERATING THE PROGRAM IS 424
EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C. 501(a) 426
AND (c)(3).
Sec. 5104.021. THE DIRECTOR OF HUMAN SERVICES MAY NOT 428
ISSUE A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME 430
LICENSE TO A YOUTH DEVELOPMENT PROGRAM THAT IS EXEMPTED BY 431
DIVISION (B)(9) OF SECTION 5104.02 OF THE REVISED CODE FROM THE 435
REQUIREMENTS OF THIS CHAPTER.
Sec. 5104.053. As a precondition of approval by the state 444
board of education pursuant to section 3313.813 of the Revised 445
Code for receipt of United States department of agriculture child 446
AND ADULT care food program funds established under the "National 448
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 449
amended, the provider of child day-care in a type B family 450
day-care home that is not certified by the county director of 452
human services shall request an inspection of the type B home by 454
the fire marshal, who shall inspect the type B home pursuant to 456
section 3737.22 of the Revised Code to determine that it is in 457
compliance with rules established pursuant to section 5104.052 of 458
the Revised Code for certified type B homes. 459
Section 2. That existing sections 3313.813, 3737.22, 461
5104.02, and 5104.053 of the Revised Code are hereby repealed. 463
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Section 3. This act is hereby declared to be an emergency 465
measure necessary for the immediate preservation of the public 466
peace, health, and safety. The reason for such necessity is that 467
the Midwest Regional Office of the Food and Consumer Service, 468
United States Department of Agriculture, has informed the Ohio 469
Department of Education that, as long as licensing is available
to youth development programs, unlicensed programs will no longer 471
be eligible to participate in the Child and Adult Care Food 472
Program effective March 30, 1998, and this act provides that 473
licensing is not available to youth development programs. 474
Therefore, this act shall go into immediate effect. 475