Ohio Code 5104.05 – Requirements for building, fire prevention, and food service
(A) The director of job and family services shall issue a license or provisional license for the operation of a child care center, if the director finds, after investigation of the applicant and inspection of the center, that other requirements of this chapter, rules promulgated pursuant to this chapter, and the following requirements are met:
Terms Used In Ohio Code 5104.05
- Administrator: means the person responsible for the daily operation of a center, type A home, or approved child day camp. See Ohio Code 5104.01
- Child: includes an infant, toddler, preschool-age child, or school-age child. See Ohio Code 5104.01
- Child care: means all of the following:
(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
(2) By persons other than their parents, guardians, or custodians;
(3) For part of the twenty-four-hour day;
(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;
(5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104. See Ohio Code 5104.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Licensee: means the owner of a child care center, type A family child care home, or type B family child care home that is licensed pursuant to this chapter and who is responsible for ensuring compliance with this chapter and rules adopted pursuant to this chapter. See Ohio Code 5104.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) The buildings in which the center is housed, subsequent to any major modification, have been approved by the department of commerce or a certified municipal, township, or county building department for the purpose of operating a child care center. Any structure used for the operation of a center shall be constructed, equipped, repaired, altered, and maintained in accordance with applicable provisions of Chapters 3781. and 3791. of the Revised Code and with regulations adopted by the board of building standards under Chapter 3781 of the Revised Code and this division for the safety and sanitation of structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire prevention officer of the municipal corporation or township in which the center is located has inspected the center annually within the preceding license period and has found the center to be in compliance with rules promulgated by the fire marshal pursuant to section 3737.83 of the Revised Code regarding fire prevention and fire safety in a child care center.
(3) The center has received a food service operation license under Chapter 3717 of the Revised Code if meals are to be served to children other than children of the licensee or administrator, whether or not a consideration is received for the meals.
(B) The director of job and family services shall issue a license or provisional license for the operation of a type A family child care home, if the director finds, after investigation of the applicant and inspection of the type A home, that other requirements of this chapter, rules promulgated pursuant to this chapter, and the following requirements are met:
(1) The state fire marshal or the fire chief or fire prevention officer of the municipal corporation or township in which the type A family child care home is located has inspected the type A home annually within the preceding license period and has found the type A home to be in compliance with rules promulgated by the fire marshal pursuant to section 3737.83 of the Revised Code regarding fire prevention and fire safety in a type A home.
(2) The type A home is in compliance with rules set by the director of job and family services in cooperation with the director of health pursuant to section 3701.80 of the Revised Code regarding meal preparation and meal service in the home. The director of job and family services, in accordance with procedures recommended by the director of health, shall inspect each type A home to determine compliance with those rules.
(3) The type A home is in compliance with rules promulgated by the director of job and family services in cooperation with the board of building standards regarding safety and sanitation pursuant to section 3781.10 of the Revised Code.
Last updated August 31, 2023 at 9:45 AM