As Passed by the Senate 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
HERINGTON-HAGAN-WATTS-CUPP-NEIN-MUMPER-GARDNER 13
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A B I L L
To amend sections 3313.813, 3737.22, 5104.02, and 17
5104.053 and to enact section 5104.021 of the 18
Revised Code to exempt youth development programs 19
from child day-care licensing requirements and to 20
declare an emergency. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3313.813, 3737.22, 5104.02, and 25
5104.053 be amended and section 5104.021 of the Revised Code be 27
enacted to read as follows:
Sec. 3313.813. (A) AS USED IN THIS SECTION: 36
(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT 38
PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR 39
CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR 40
EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF 41
ITS EDUCATIONAL PROGRAM.
(2) "OUTSIDE-SCHOOL-HOURS CARE CENTER" HAS THE MEANING 43
ESTABLISHED IN 7 C.F.R. 226.2. 44
(B) The state board of education shall establish standards 47
for a school lunch program, school breakfast program, child AND 48
ADULT care food program, special food service program for 50
children, summer food service program for children, special milk 51
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program for children, food service equipment assistance program, 52
and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, 53
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 54
42 U.S.C. 1771, as amended. Any board of education of a school 55
district, nonprofit private school, outdoor education center, 56
child care institution, OUTSIDE-SCHOOL-HOURS CARE CENTER, or 57
summer camp desiring to participate in such a program or required 60
to participate under this section shall, if eligible to 61
participate under the "National School Lunch Act," as amended, or 62
the "Child Nutrition Act of 1966," as amended, make application 63
to the state board of education for assistance. The board shall 64
administer the allocation and distribution of all state and 65
federal funds for these programs.
(B)(C) The state board of education shall require the 67
board of education of each school district included under this 69
division to establish and maintain a school breakfast and lunch 72
program pursuant to the "National School Lunch Act" and the 73
"Child Nutrition Act of 1966."
(1) The state board shall require the board of education 75
in each school district to establish a breakfast program in every 76
school where at least one-third of the pupils in the school are 77
eligible under federal requirements for free breakfasts and to 78
establish a lunch program in every school where at least 79
one-third of the pupils are eligible for free lunches. The board 80
of education required to establish a breakfast program under this 81
division may make a charge in accordance with federal 82
requirements for each reduced price breakfast or paid breakfast 83
to cover the cost incurred in providing that meal.
(2) The state board shall require the board of education 85
in each school district to establish a breakfast program in every 86
school in which the parents of at least one-half of the children 87
enrolled in the school have requested that the breakfast program 88
be established. The board of education required to establish a 89
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program under this division may make a charge for each meal to 90
cover all or part of the costs incurred in establishing such a 91
program. 92
(3) If a school district cannot for good cause comply with 94
the requirements of division (B)(C)(1) or (2) of this section at 96
the time the state board determines that a district is subject to 97
these requirements, the state board of education shall grant a 98
reasonable extension of time. Good cause for an extension of 99
time shall include, but need not be limited to, economic 100
impossibility of compliance with the requirements at the time the 101
state board determines that a district is subject to them. 102
(C)(D)(1) The state board of education shall accept the 104
application of any outdoor education center in the state making 105
application for participation in a program pursuant to division 106
(A)(B) of this section. 107
(2) For purposes of participation in any program pursuant 109
to this section, the board shall certify any outdoor education 110
center making application as an educational unit that is part of 111
the educational system of the state, if the center: 112
(a) Meets the definition of an outdoor education center 114
established in this division; 115
(b) Provides its outdoor education curriculum to pupils on 117
an overnight basis so that pupils are in residence at the center 118
for more than twenty-four consecutive hours; 119
(c) Operates under public or nonprofit private ownership 121
in a single building or complex of buildings. 122
(3) The board shall approve any outdoor education center 124
certified under this division for participation in the program 125
for which the center is making application on the same basis as 126
any other applicant for that program. 127
(4) For purposes of this section, "outdoor education 129
center" means a public or nonprofit private entity that provides 130
to pupils enrolled in any public or chartered nonpublic 131
elementary or secondary school an outdoor educational curriculum 132
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that the school considers to be part of its educational program. 133
Sec. 3737.22. (A) The fire marshal shall do all of the 142
following: 143
(1) Adopt the state fire code under sections 3737.82 to 145
3737.86 of the Revised Code; 146
(2) Enforce the state fire code; 148
(3) Appoint assistant fire marshals who are authorized to 150
enforce the state fire code; 151
(4) Conduct investigations into the cause, origin, and 153
circumstances of fires and explosions, and prosecute persons 154
believed to be guilty of arson or a similar crime; 155
(5) Compile statistics concerning loss due to fire and 157
explosion as the fire marshal considers necessary, and consider 159
the compatibility of the fire marshal's system of compilation 160
with the systems of other state and federal agencies and fire 162
marshals of other states; 163
(6) Engage in research on the cause and prevention of 165
losses due to fire and explosion; 166
(7) Engage in public education and informational 168
activities which will inform the public of fire safety 169
information; 170
(8) Operate a fire training academy and arson crime 172
laboratory; 173
(9) Conduct such other fire safety and fire fighting 175
training activities for the public and groups as will further the 176
cause of fire safety; 177
(10) Issue permits, licenses, and certificates as 179
authorized by the Revised Code; 180
(11) Conduct tests of fire protection systems and devices, 182
and fire fighting equipment to determine compliance with the 183
state fire code, unless a building is insured against the hazard 184
of fire, in which case such tests may be performed by the company 185
insuring the building; 186
(12) Establish and collect fees for permits, licenses, and 188
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certificates; 189
(13) Make available for the prosecuting attorney and an 191
assistant prosecuting attorney from each county of this state, in 192
accordance with section 3737.331 of the Revised Code, a seminar 193
program, attendance at which is optional, that is designed to 194
provide current information, data, training, and techniques 195
relative to the prosecution of arson cases; 196
(14) Administer and enforce Chapter 3743. of the Revised 198
Code; 199
(15) Develop a form for the written report required to be 201
filed under division (E)(4) of section 2921.22 of the Revised 202
Code, and accept such reports when they are filed. 203
(B) The fire marshal shall appoint a chief deputy, and 205
shall employ professional and clerical assistance as the fire 206
marshal considers necessary. The chief deputy shall be a 208
competent former or current member of a fire agency and possess 209
five years of recent, progressively more responsible experience 210
in fire inspection and fire code management. All employees, 211
other than the fire marshal, the chief deputy, the superintendent 212
of the Ohio fire academy, the grants administrator, the fiscal 213
officer, the executive secretary to the state fire marshal, and 214
the chiefs of the bureau of fire prevention, the arson bureau, 215
the arson crime laboratory, and the bureau of underground storage 216
tanks, shall be in the classified civil service. The fire 218
marshal shall authorize the chief deputy and other employees 219
under the fire marshal's supervision to exercise powers granted 221
to the fire marshal by law as may be necessary to carry out the 222
duties of the fire marshal's office. 223
(C) The fire marshal shall create, in and as a part of the 225
office of fire marshal, an arson bureau consisting of a chief of 226
the bureau, and such additional assistant fire marshals as the 227
fire marshal determines necessary for the efficient 228
administration of the bureau. The chief shall be experienced in 229
the investigation of the cause, origin, and circumstances of 230
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fires, and in administration, including the supervision of 231
subordinates. The chief, among other duties delegated to the 232
chief by the fire marshal, shall be responsible, under the 234
direction of the fire marshal, for the investigation of the 235
cause, origin, and circumstances of each fire, and for the 236
prosecution of persons believed to be guilty of arson or a 237
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 239
the chief deputy under the direction of the fire marshal, may 242
cause the inspection to be conducted of all buildings, 244
structures, and other places, the condition of which may be 246
dangerous from a fire safety standpoint to life or property, or 247
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 249
of fire marshal, a bureau of fire prevention consisting of a 250
chief of the bureau, and such additional assistant fire marshals 251
as the fire marshal determines necessary for the efficient 252
administration of the bureau. The chief shall be qualified, by 253
education or experience, to promote programs for rural and urban 254
fire prevention and protection. The chief, among other duties 255
delegated to the chief by the fire marshal, is responsible, under 257
the direction of the fire marshal, for the promotion of rural and 258
urban fire prevention and protection through public information 259
and education programs. 260
(F) The fire marshal shall cooperate with the director of 262
human services when the director promulgates rules pursuant to 263
section 5104.052 of the Revised Code regarding fire prevention 264
and fire safety in certified type B family day-care homes, as 265
defined in section 5104.01 of the Revised Code, recommend 266
procedures for inspecting type B homes to determine whether they 267
are in compliance with those rules, and provide training and 268
technical assistance to the director and county directors of 269
human services on the procedures for determining compliance with 270
those rules. 271
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(G) The fire marshal, upon request of a provider of child 273
day-care in a type B home that is not certified by the county 274
director of human services, as a precondition of approval by the 275
state board of education pursuant to section 3313.813 of the 276
Revised Code for receipt of United States department of 277
agriculture child AND ADULT care food program funds established 278
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 280
U.S.C. 1751, as amended, shall inspect the type B home to 281
determine compliance with rules promulgated pursuant to section 282
5104.052 of the Revised Code regarding fire prevention and fire 283
safety in certified type B homes. In municipal corporations and 284
in townships where there is a certified fire safety inspector, 285
the inspections shall be made by that inspector under the 286
supervision of the fire marshal, according to rules promulgated 287
pursuant to section 5104.052 of the Revised Code. In townships 288
outside municipal corporations where there is no certified fire 289
safety inspector, inspections shall be made by the fire marshal. 290
Sec. 5104.02. (A) The director of human services is 299
responsible for the licensing of child day-care centers and type 300
A family day-care homes, and for the enforcement of this chapter 301
and of rules promulgated pursuant to this chapter. No person, 302
firm, organization, institution, or agency shall operate, 303
establish, manage, conduct, or maintain a child day-care center 304
or type A family day-care home without a license issued under 305
section 5104.03 of the Revised Code. The current license shall 306
be posted in a conspicuous place in the center or type A home 307
that is accessible to parents, custodians, or guardians and 308
employees of the center or type A home at all times when the 309
center or type A home is in operation. 310
(B) A person, firm, institution, organization, or agency 312
operating any of the following programs is exempt from the 313
provisions REQUIREMENTS of this chapter: 314
(1) A program of child day-care that operates for two or 316
less consecutive weeks; 317
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(2) Child day-care in places of worship during religious 319
activities during which children are cared for while at least one 320
parent, guardian, or custodian of each child is participating in 321
such activities and is readily available; 322
(3) Religious activities which do not provide child 324
day-care; 325
(4) Supervised training, instruction, or activities of 327
children in specific areas, including, but not limited to: art; 328
drama; dance; music; gymnastics, swimming, or another athletic 329
skill or sport; computers; or an educational subject conducted on 330
an organized or periodic basis no more than one day a week and 331
for no more than six hours duration; 332
(5) Programs in which the director determines that at 334
least one parent, custodian, or guardian of each child is on the 335
premises of the facility offering child day-care and is readily 336
accessible at all times, except that child day-care provided on 337
the premises at which a parent, custodian, or guardian is 338
employed more than two and one-half hours a day shall be licensed 339
in accordance with division (A) of this section; 340
(6)(a) Programs that provide child day-care funded and 342
regulated or operated and regulated by state departments other 343
than the department of human services or the state board of 344
education when the director of human services has determined that 345
the rules governing the program are equivalent to or exceed the 346
rules promulgated pursuant to this chapter. 347
Notwithstanding any exemption from regulation under this 349
chapter, each state department shall submit to the director of 350
human services a copy of the rules that govern programs that 351
provide child day-care and are regulated or operated and 352
regulated by the department. Annually, each state department 353
shall submit to the director a report for each such program it 354
regulates or operates and regulates that includes the following 355
information: 356
(i) The site location of the program; 358
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(ii) The maximum number of infants, toddlers, preschool 360
children, or school children served by the program at one time; 361
(iii) The number of adults providing child day-care for 363
the number of infants, toddlers, preschool children, or school 364
children; 365
(iv) Any changes in the rules made subsequent to the time 367
when the rules were initially submitted to the director. 368
The director shall maintain a record of the child day-care 370
information submitted by other state departments and shall 371
provide this information upon request to the general assembly or 372
the public. 373
(b) Child day-care programs conducted by boards of 375
education or by chartered nonpublic schools that are conducted in 376
school buildings and that provide child day-care to school 377
children only shall be exempt from meeting or exceeding rules 378
promulgated pursuant to this chapter. 379
(7) Any preschool program or school child program that is 381
subject to licensure by the department of education under 382
sections 3301.52 to 3301.59 of the Revised Code. 383
(8) Any program providing child day-care that meets all of 385
the following requirements and, on October 20, 1987, was being 386
operated by a nonpublic school that holds a charter issued by the 387
state board of education for kindergarten only: 388
(a) The nonpublic school has given the notice to the state 390
board and the director of human services required by Section 4 of 391
Substitute House Bill No. 253 of the 117th general assembly; 392
(b) The nonpublic school continues to be chartered by the 394
state board for kindergarten, or receives and continues to hold a 395
charter from the state board for kindergarten through grade five; 396
(c) The program is conducted in a school building; 398
(d) The program is operated in accordance with rules 400
promulgated by the state board under sections 3301.52 to 3301.57 401
of the Revised Code. 402
(9) A YOUTH DEVELOPMENT PROGRAM OPERATED OUTSIDE OF SCHOOL 405
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HOURS BY A COMMUNITY-BASED CENTER TO WHICH ALL OF THE FOLLOWING 406
APPLY:
(a) THE CHILDREN ENROLLED IN THE PROGRAM ARE UNDER 408
NINETEEN YEARS OF AGE AND ENROLLED IN OR ELIGIBLE TO BE ENROLLED 409
IN A GRADE OF KINDERGARTEN OR ABOVE. 410
(b) THE PROGRAM PROVIDES INFORMAL CHILD CARE AND AT LEAST 413
TWO OF THE FOLLOWING SUPERVISED ACTIVITIES: EDUCATIONAL, 414
RECREATIONAL, CULTURALLY ENRICHING, SOCIAL, AND PERSONAL 415
DEVELOPMENT ACTIVITIES.
(c) THE STATE BOARD OF EDUCATION HAS APPROVED THE 417
PROGRAM'S PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM 418
AS AN OUTSIDE-SCHOOL-HOURS CARE CENTER PURSUANT TO STANDARDS 419
ESTABLISHED UNDER SECTION 3313.813 OF THE REVISED CODE. 422
(d) THE COMMUNITY-BASED CENTER OPERATING THE PROGRAM IS 425
EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C. 501(a) 427
AND (c)(3).
Sec. 5104.021. THE DIRECTOR OF HUMAN SERVICES MAY NOT 429
ISSUE A CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME 431
LICENSE TO A YOUTH DEVELOPMENT PROGRAM THAT IS EXEMPTED BY 432
DIVISION (B)(9) OF SECTION 5104.02 OF THE REVISED CODE FROM THE 436
REQUIREMENTS OF THIS CHAPTER.
Sec. 5104.053. As a precondition of approval by the state 445
board of education pursuant to section 3313.813 of the Revised 446
Code for receipt of United States department of agriculture child 447
AND ADULT care food program funds established under the "National 449
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 450
amended, the provider of child day-care in a type B family 451
day-care home that is not certified by the county director of 453
human services shall request an inspection of the type B home by 455
the fire marshal, who shall inspect the type B home pursuant to 457
section 3737.22 of the Revised Code to determine that it is in 458
compliance with rules established pursuant to section 5104.052 of 459
the Revised Code for certified type B homes. 460
Section 2. That existing sections 3313.813, 3737.22, 462
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5104.02, and 5104.053 of the Revised Code are hereby repealed. 464
Section 3. This act is hereby declared to be an emergency 466
measure necessary for the immediate preservation of the public 467
peace, health, and safety. The reason for such necessity is that 468
the Midwest Regional Office of the Food and Consumer Service, 469
United States Department of Agriculture, has informed the Ohio 470
Department of Education that, as long as licensing is available
to youth development programs, unlicensed programs will no longer 472
be eligible to participate in the Child and Adult Care Food 473
Program effective March 30, 1998, and this act provides that 474
licensing is not available to youth development programs. 475
Therefore, this act shall go into immediate effect. 476