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

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Mike Lynch

Division                                                                  Contact

 

30 E. Broad St., 31st Floor ODJFS, Office of Legal Services Columbus OH 43215-3414

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:2-12-04

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Application  and  issuance  of  initial  licenses  for  child  care

centers.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB153               General Assembly: 129           Sponsor: Rep. Amstutz

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5104.011, 5104.03

5.  Statute(s) the rule, as filed, amplifies or implements: 5104.011, 5104.03

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being proposed for amendment to implement Am. Sub. HB 153, 129 General Assembly, relating to the administration of the licensed child care centers. This rule is also being proposed for amendment as a result of the Five Year Review.

7.  If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule contains the requirements for the application and issuance of a provisional child care license. This rule has been amended to to reflect the concept of a "continuous" license, meaning programs would no longer need to reapply every two years to have their license renewed. After they complete their provisional period their license would continue as a regular license without an expiration date, unless they demonstrate they are unable or unwilling to operate in compliance with the licensing rules.

This rule has also been amended to increase the fee to $500 for the initial application for a child care license, to extend the provisional period to twelve months and to add language regarding the application process. Additionally, language regarding programs who need to relocate, and the previous procedures for a provisional license have been removed.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with RC 121.75(E).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material,

provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

This rule has been revised in paragraph (A)(4) to better align application language, requirements and procedures.

12. 119.032 Rule Review Date: 7/1/2015

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0

No impact on current budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost of an initial application for a child care center license has increased from

$100 to $500. This is the first increase since 1986 and the increase is

counterbalanced by the change in licensing processes that will no longer require centers to submit a biennial license renewal application fee of $50.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No