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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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