130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 570

REPRESENTATIVE WINKLER


A BILL
To amend sections 3313.813, 3737.22, and 5104.053 of the Revised Code to provide for the State Board of Education to approve youth development centers' participation in the Child and Adult Care Food Program and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That sections 3313.813, 3737.22, and 5104.053 of the Revised Code be amended to read as follows:

Sec. 3313.813. (A) AS USED IN THIS SECTION:

(1) "OUTDOOR EDUCATION CENTER" MEANS A PUBLIC OR NONPROFIT PRIVATE ENTITY THAT PROVIDES TO PUPILS ENROLLED IN ANY PUBLIC OR CHARTERED NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL AN OUTDOOR EDUCATIONAL CURRICULUM THAT THE SCHOOL CONSIDERS TO BE PART OF ITS EDUCATIONAL PROGRAM.

(2) "YOUTH DEVELOPMENT CENTER" MEANS A COMMUNITY-BASED CENTER THAT PROVIDES, FOR FREE OR CHARGE, RECREATIONAL ACTIVITIES TO CHILDREN SIX YEAR OF AGE OR OLDER ON A YEAR-ROUND BASIS OUTSIDE OF SCHOOL HOURS AND IS EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C. 501(a) AND (c)(3).

(B) The state board of education shall establish standards for a school lunch program, school breakfast program, child AND ADULT care food program, special food service program for children, summer food service program for children, special milk program for children, food service equipment assistance program, and commodity distribution program established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended. Any board of education of a school district, nonprofit private school, outdoor education center, child care institution, YOUTH DEVELOPMENT CENTER, or summer camp desiring to participate in such a program or required to participate under this section shall, if eligible to participate under the "National School Lunch Act," as amended, or the "Child Nutrition Act of 1966," as amended, make application to the state board of education for assistance. The board shall administer the allocation and distribution of all state and federal funds for these programs.

(B)(C) The state board of education shall require the board of education of each school district included under this division to establish and maintain a school breakfast and lunch program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966."

(1) The state board shall require the board of education in each school district to establish a breakfast program in every school where at least one-third of the pupils in the school are eligible under federal requirements for free breakfasts and to establish a lunch program in every school where at least one-third of the pupils are eligible for free lunches. The board of education required to establish a breakfast program under this division may make a charge in accordance with federal requirements for each reduced price breakfast or paid breakfast to cover the cost incurred in providing that meal.

(2) The state board shall require the board of education in each school district to establish a breakfast program in every school in which the parents of at least one-half of the children enrolled in the school have requested that the breakfast program be established. The board of education required to establish a program under this division may make a charge for each meal to cover all or part of the costs incurred in establishing such a program.

(3) If a school district cannot for good cause comply with the requirements of division (B)(C)(1) or (2) of this section at the time the state board determines that a district is subject to these requirements, the state board of education shall grant a reasonable extension of time. Good cause for an extension of time shall include, but need not be limited to, economic impossibility of compliance with the requirements at the time the state board determines that a district is subject to them.

(C)(D)(1) The state board of education shall accept the application of any outdoor education center in the state making application for participation in a program pursuant to division (A)(B) of this section.

(2) For purposes of participation in any program pursuant to this section, the board shall certify any outdoor education center making application as an educational unit that is part of the educational system of the state, if the center:

(a) Meets the definition of an outdoor education center established in this division;

(b) Provides its outdoor education curriculum to pupils on an overnight basis so that pupils are in residence at the center for more than twenty-four consecutive hours;

(c) Operates under public or nonprofit private ownership in a single building or complex of buildings.

(3) The board shall approve any outdoor education center certified under this division for participation in the program for which the center is making application on the same basis as any other applicant for that program.

(4) For purposes of this section, "outdoor education center" means a public or nonprofit private entity that provides to pupils enrolled in any public or chartered nonpublic elementary or secondary school an outdoor educational curriculum that the school considers to be part of its educational program.

(E) AS PART OF THE STANDARDS ESTABLISHED UNDER DIVISION (B) OF THIS SECTION AND NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE STATE BOARD OF EDUCATION SHALL ESTABLISH A SYSTEM TO APPROVE FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM ESTABLISHED UNDER THE "NATIONAL SCHOOL LUNCH ACT" A YOUTH DEVELOPMENT CENTER THAT IS NOT REQUIRED TO BE LICENSED AS A CHILD DAY-CARE CENTER UNDER SECTION 5104.03 of the Revised Code. THE SYSTEM SHALL BE CONSISTENT WITH PART 226 OF CHAPTER II OF TITLE 7 OF THE CODE OF FEDERAL REGULATIONS.

Sec. 3737.22. (A) The fire marshal shall do all of the following:

(1) Adopt the state fire code under sections 3737.82 to 3737.86 of the Revised Code;

(2) Enforce the state fire code;

(3) Appoint assistant fire marshals who are authorized to enforce the state fire code;

(4) Conduct investigations into the cause, origin, and circumstances of fires and explosions, and prosecute persons believed to be guilty of arson or a similar crime;

(5) Compile statistics concerning loss due to fire and explosion as the fire marshal considers necessary, and consider the compatibility of the fire marshal's system of compilation with the systems of other state and federal agencies and fire marshals of other states;

(6) Engage in research on the cause and prevention of losses due to fire and explosion;

(7) Engage in public education and informational activities which will inform the public of fire safety information;

(8) Operate a fire training academy and arson crime laboratory;

(9) Conduct such other fire safety and fire fighting training activities for the public and groups as will further the cause of fire safety;

(10) Issue permits, licenses, and certificates as authorized by the Revised Code;

(11) Conduct tests of fire protection systems and devices, and fire fighting equipment to determine compliance with the state fire code, unless a building is insured against the hazard of fire, in which case such tests may be performed by the company insuring the building;

(12) Establish and collect fees for permits, licenses, and certificates;

(13) Make available for the prosecuting attorney and an assistant prosecuting attorney from each county of this state, in accordance with section 3737.331 of the Revised Code, a seminar program, attendance at which is optional, that is designed to provide current information, data, training, and techniques relative to the prosecution of arson cases;

(14) Administer and enforce Chapter 3743. of the Revised Code;

(15) Develop a form for the written report required to be filed under division (E)(4) of section 2921.22 of the Revised Code, and accept such reports when they are filed.

(B) The fire marshal shall appoint a chief deputy, and shall employ professional and clerical assistance as the fire marshal considers necessary. The chief deputy shall be a competent former or current member of a fire agency and possess five years of recent, progressively more responsible experience in fire inspection and fire code management. All employees, other than the fire marshal, the chief deputy, the superintendent of the Ohio fire academy, the grants administrator, the fiscal officer, the executive secretary to the state fire marshal, and the chiefs of the bureau of fire prevention, the arson bureau, the arson crime laboratory, and the bureau of underground storage tanks, shall be in the classified civil service. The fire marshal shall authorize the chief deputy and other employees under the fire marshal's supervision to exercise powers granted to the fire marshal by law as may be necessary to carry out the duties of the fire marshal's office.

(C) The fire marshal shall create, in and as a part of the office of fire marshal, an arson bureau consisting of a chief of the bureau, and such additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be experienced in the investigation of the cause, origin, and circumstances of fires, and in administration, including the supervision of subordinates. The chief, among other duties delegated to the chief by the fire marshal, shall be responsible, under the direction of the fire marshal, for the investigation of the cause, origin, and circumstances of each fire, and for the prosecution of persons believed to be guilty of arson or a similar crime.

(D) At the fire marshal's discretion, the fire marshal, or the chief deputy under the direction of the fire marshal, may cause the inspection to be conducted of all buildings, structures, and other places, the condition of which may be dangerous from a fire safety standpoint to life or property, or to property adjacent thereto.

(E) The fire marshal shall create, as a part of the office of fire marshal, a bureau of fire prevention consisting of a chief of the bureau, and such additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be qualified, by education or experience, to promote programs for rural and urban fire prevention and protection. The chief, among other duties delegated to the chief by the fire marshal, is responsible, under the direction of the fire marshal, for the promotion of rural and urban fire prevention and protection through public information and education programs.

(F) The fire marshal shall cooperate with the director of human services when the director promulgates rules pursuant to section 5104.052 of the Revised Code regarding fire prevention and fire safety in certified type B family day-care homes, as defined in section 5104.01 of the Revised Code, recommend procedures for inspecting type B homes to determine whether they are in compliance with those rules, and provide training and technical assistance to the director and county directors of human services on the procedures for determining compliance with those rules.

(G) The fire marshal, upon request of a provider of child day-care in a type B home that is not certified by the county director of human services, as a precondition of approval by the state board of education pursuant to section 3313.813 of the Revised Code for receipt of United States department of agriculture child AND ADULT care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, shall inspect the type B home to determine compliance with rules promulgated pursuant to section 5104.052 of the Revised Code regarding fire prevention and fire safety in certified type B homes. In municipal corporations and in townships where there is a certified fire safety inspector, the inspections shall be made by that inspector under the supervision of the fire marshal, according to rules promulgated pursuant to section 5104.052 of the Revised Code. In townships outside municipal corporations where there is no certified fire safety inspector, inspections shall be made by the fire marshal.

Sec. 5104.053. As a precondition of approval by the state board of education pursuant to section 3313.813 of the Revised Code for receipt of United States department of agriculture child AND ADULT care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, the provider of child day-care in a type B family day-care home that is not certified by the county director of human services shall request an inspection of the type B home by the fire marshal, who shall inspect the type B home pursuant to section 3737.22 of the Revised Code to determine that it is in compliance with rules established pursuant to section 5104.052 of the Revised Code for certified type B homes.


Section 2. That existing sections 3313.813, 3737.22, and 5104.053 of the Revised Code are hereby repealed.


Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the Midwest Regional Office of the Food and Consumer Service, United States Department of Agriculture, has informed the Ohio Department of Education that youth development centers not licensed or otherwise approved by the state will no longer be eligible to participate in the Child and Adult Care Food Program effective October 1, 1997, and this act provides for the State Board of Education to approve youth development centers' participation in the program so that needy school age children will not be denied meals and supplements otherwise available under the program. Therefore, this act shall go into immediate effect.
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