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           


                                                                   15           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
      (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          

                                                          9      

                                                                 
      (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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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