5101:2-12-04 Building department, fire inspection and food service licensure for a licensed child care center.

 

 

 

5101:2-12-04               Application  and  issuance  for  initial  provisional  licensure  of initial licenses for child care centers.

 

 

 

(A)    Procedure for application: every Every person, firm, organization, institution, or agency desiring to establish or operate a child care center shall complete all of the following for an initial license:

 

(1)    Apply for a license to the director of the Ohio department of job and family services (ODJFS) by completing the JFS 01210 "Application for Child Care License" (rev. 01/2007).

 

(2)   File an application Send the JFS 01210 with the fee to for an initial license with the department. The application shall be considered to be filed with the department as of the date the application it is postmarked. Applications An application received by means other than the postal service shall be considered received filed when it is time/date stamped in by the department's department child care licensing section. Any receipted application submitted without complete and accurate information shall be amended with complete and accurate information before licensure. An application may be amended without fee payment by filing a corrected application in cases of change of administrator or change in center's name (when if ownership remains the same).

 

(3)   File a site plan and descriptive plan of operation on the prescribed form. Submit a completed JFS 01250 "Plan of Operation for a Child Care Center" (rev. 01/2007). The site plan and descriptive plan of operation JFS 01250 shall serve as the applicant's written plan of intended compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

 

(4)   Provide for completion of criminal records checks for prospective owners and prospective administrators as required by rule 5101:2-12-26 of the Administrative Code.

 

(5)      Participate in an application interview with the assigned department's representative.

 

(B)   Expiration of inactive initial application: an An initial application shall be considered valid for a period of not more than one calendar year from its filing the date it is filed with the department. Once an application is determined to be invalid If an application is determined to be invalid, an a new initial application and fee shall must be submitted by any party wishing to establish or operate a child care center. If during the application for licensure process the department determines that the license of the owner has been revoked or a renewal of licensure the license has been

 

 

 

denied within two calendar years preceding the date of the application, the processing of the center's application shall cease, and shall not constitute denial of the application pursuant to paragraph (D) of as specified in rule 5101:2-12-09 of the Administrative Code.

(C)    Definitions of changes in ownership and location: initial An initial application and fee shall be required by any from a center in case of the following circumstances:

(1)   "Change in ownership" which is, for the purposes of this rule, defined as a sale of the child care program in its entirety or a transfer of control and administration by the owner(s) of a child care program to a new controlling entity.

(2)     "Change in location address" which is defined as any relocation from the center's present street address location to another street address location. "Address" shall be defined as is the street name and number location assigned to a facility by a local city or county; or.

(3)   Initial application after Following legal action resulting in denial or revocation of a center's previous application or license.

(D)   The department shall provide to each applicant for a child care center licensure, at no charge, a copy of instructions to applicants on how to access child care statutory and regulatory requirements contained in Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(E)   Inspection: the director's representative The department shall investigate and inspect the child care center to determine whether or not that the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code are met,. and The department shall provide a written inspection report to the applicant and/or the administrator within a reasonable time after each inspection.

When the director's representative determines that a center has not achieved compliance with the requirements of Chapter 5104. of the Revised Code or Chapter 5101:2-12 of the Administrative Code, the director's representative shall notify the applicant in writing. The notification shall include:

(1) A statement of the noncompliance; and

(2) What must be done to achieve compliance.

(F) When the department determines that a center is not in compliance with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code, the department shall indicate the noncompliance findings in

the  written  inspection  report.  The  written  inspection  report  shall  include  the following:

(1) A statement of the noncompliance findings.

(2) What action must be taken by the applicant to achieve compliance.

(3) The date the department must receive verification of compliance.

(F)(G) Issuing provisional license and amending to full licensure: when, after After the department has completed all necessary inspections for an initial license and investigation and inspection, the director's representative has determined that all requirements are in compliance the center has complied with all requirements, a provisional license shall be approved and issued. The provisional license shall be for the period of is valid for six calendar months from the date of approval.

(1)   The provisional license shall be is granted to allow the center time to implement its plan for full compliance outlined in the plan of operation as stated in the JFS 01250.

(2)   Within During the six month provisional license period, the center department

shall  be  inspected  inspect  the  center  at  least

once

by  the  director's

representative to determine whether that the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code are being met.

(a) If the center's operation is determined to be in full compliance and has met all requirements prior to the end of the six month period, the provisional license shall be amended to regular licensure at the end of the provisional period for the balance of two years.

(b) If the center is not in compliance at the end of the six month provisional period, the provisional license shall not be amended to regular licensure. License revocation shall meet the requirements of rule 5101:2-12-09 of the Administrative Code.

(3) If the department finds that the center is in compliance with all requirements by the expiration date of the provisional license, the provisional license shall be amended to a regular license. The regular license will be effective for two calendar years from the date of approval of the provisional license.

(4) If the department finds that the center is not in compliance with all requirements by the expiration date of the provisional license, the provisional license shall not be amended to a regular license. The department may recommend revocation of the provisional license according to the provisions of Chapter

5104.  of  the  Revised  Code  and  rules  in  Chapter  5101:2-12  of  the Administrative Code.

Effective:                                                     09/01/2007

R.C. 119.032 review dates:                         03/30/2007 and 09/01/2012

CERTIFIED ELECTRONICALLY

Certification

06/18/2007

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.03, 5104.011

Rule Amplifies:                                  5104.011, 5104.03

Prior Effective Dates:                         3/1/81, 4/1/85, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03