The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 570 |
REPRESENTATIVES WINKLER-MASON-GRENDELL-HARRIS-CLANCY-JONES-
MILLER-WILLIAMS-BOYD-FORD-PRINGLE-WILLAMOWSKI-GARCIA-SCHULER-
O'BRIEN-REID-MEAD-BENDER-OPFER-TAVARES-VESPER-MYERS-
BRITTON-SUTTON-ALLEN-SYKES-SALERNO-
SENATORS CARNES-HOWARD-McLIN-SCHAFRATH-KEARNS-OELSLAGER-WHITE-
HERINGTON-HAGAN-WATTS-CUPP-NEIN-MUMPER-GARDNER
A BILL
To amend sections 3313.813, 3737.22, 5104.02, and 5104.053 and to enact
section 5104.021 of the Revised Code
to exempt youth development programs from child day-care
licensing requirements 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, 5104.02, and 5104.053 be amended
and section 5104.021 of the Revised Code
be enacted 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) "OUTSIDE-SCHOOL-HOURS CARE CENTER" HAS THE MEANING ESTABLISHED
IN 7 C.F.R. 226.2.
(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, OUTSIDE-SCHOOL-HOURS CARE 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.
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. 5104.02. (A) The director of human services is
responsible for the licensing of child day-care centers and type
A family day-care homes, and for the enforcement of this chapter
and of rules promulgated pursuant to this chapter. No person,
firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child day-care center
or type A family day-care home without a license issued under
section 5104.03 of the Revised Code. The current license shall
be posted in a conspicuous place in the center or type A home
that is accessible to parents, custodians, or guardians and
employees of the center or type A home at all times when the
center or type A home is in operation.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
provisions REQUIREMENTS of this chapter:
(1) A program of child day-care that operates for two or
less consecutive weeks;
(2) Child day-care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available;
(3) Religious activities which do not provide child
day-care;
(4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and
for no more than six hours duration;
(5) Programs in which the director determines that at
least one parent, custodian, or guardian of each child is on the
premises of the facility offering child day-care and is readily
accessible at all times, except that child day-care provided on
the premises at which a parent, custodian, or guardian is employed more
than two and one-half hours a day shall be licensed in accordance with
division (A) of this section;
(6)(a) Programs that provide child day-care funded and
regulated or operated and regulated by state departments other
than the department of human services or the state board of
education when the director of human services has determined that
the rules governing the program are equivalent to or exceed the
rules promulgated pursuant to this chapter.
Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of
human services a copy of the rules that govern programs that
provide child day-care and are regulated or operated and
regulated by the department. Annually, each state department
shall submit to the director a report for each such program it
regulates or operates and regulates that includes the following
information:
(i) The site location of the program;
(ii) The maximum number of infants, toddlers, preschool
children, or school children served by the program at one time;
(iii) The number of adults providing child day-care for
the number of infants, toddlers, preschool children, or school
children;
(iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director.
The director shall maintain a record of the child day-care
information submitted by other state departments and shall
provide this information upon request to the general assembly or
the public.
(b) Child day-care programs conducted by boards of
education or by chartered nonpublic schools that are conducted in
school buildings and that provide child day-care to school
children only shall be exempt from meeting or exceeding rules
promulgated pursuant to this chapter.
(7) Any preschool program or school child program that is
subject to licensure by the department of education under
sections 3301.52 to 3301.59 of the Revised Code.
(8) Any program providing child day-care that meets all of
the following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only:
(a) The nonpublic school has given the notice to the state
board and the director of human services required by Section 4 of
Substitute House Bill No. 253 of the 117th general assembly;
(b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five;
(c) The program is conducted in a school building;
(d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code.
(9) A YOUTH DEVELOPMENT PROGRAM
OPERATED OUTSIDE OF SCHOOL HOURS BY A COMMUNITY-BASED CENTER TO
WHICH ALL OF THE FOLLOWING APPLY:
(a) THE CHILDREN ENROLLED IN THE PROGRAM ARE UNDER
NINETEEN YEARS OF AGE AND ENROLLED IN OR ELIGIBLE TO BE ENROLLED
IN A GRADE OF KINDERGARTEN OR ABOVE.
(b) THE PROGRAM PROVIDES INFORMAL CHILD CARE AND
AT LEAST TWO OF THE FOLLOWING SUPERVISED ACTIVITIES:
EDUCATIONAL, RECREATIONAL, CULTURALLY ENRICHING, SOCIAL, AND
PERSONAL DEVELOPMENT ACTIVITIES.
(c) THE STATE BOARD OF EDUCATION HAS APPROVED THE
PROGRAM'S PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM
AS AN OUTSIDE-SCHOOL-HOURS CARE CENTER PURSUANT TO STANDARDS ESTABLISHED UNDER
SECTION 3313.813 OF THE
REVISED
CODE.
(d) THE COMMUNITY-BASED CENTER OPERATING THE
PROGRAM IS EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26
U.S.C.
501(a) AND (c)(3).
Sec. 5104.021. THE DIRECTOR OF HUMAN SERVICES MAY NOT
ISSUE A CHILD DAY-CARE CENTER OR TYPE
A FAMILY DAY-CARE HOME LICENSE
TO A YOUTH DEVELOPMENT PROGRAM THAT IS EXEMPTED BY
DIVISION
(B)(9) OF SECTION 5104.02 OF
THE REVISED
CODE FROM THE REQUIREMENTS OF THIS CHAPTER.
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, 5104.02, 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, as long as licensing is available to youth
development programs, unlicensed programs
will no longer be eligible to participate in
the Child and Adult Care Food Program effective March 30, 1998, and this act
provides that licensing is not available to youth development
programs.
Therefore, this act shall go into immediate effect.
|