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                                  Michael Lynch

Division                                                                  Contact

 

OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5101:2-12-04

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Building department, fire inspection and food service licensure

for a licensed child care center.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? No

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: 5104.015

5.  Statute(s) the rule, as filed, amplifies or implements: 5104.015, 5104.05, 5104.051, 5104.03

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

This rule is being adopted to improve the clarity of the regulations and the organization of the chapter. It replaces rescinded rules 5101: 2-12-10, 5101: 2-12-11, and 5101:2-12-12.

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 outlines the separate requirements of building inspections, fire inspections and food service licensure for licensed child care centers.

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 the Ohio Revised Code. This question is not applicable to any incorporation by reference to the Ohio Revised Code because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(1).

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 inner-web at http://innerapp.odjfs.state.oh.us/forms/inner.asp or on the inter-net at http://www.odjfs.state.oh.us/forms/inter.asp 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. If applicable, indicate each specific paragraph of the rule that has been modified:

In paragraph (B)(1), removed the JFS 01303 "Fire Inspection Report for Child Care Centers and Type A Homes" and added "written approval from the state fire

marshal or the local fire safety inspector for the municipality or township having jurisdiction."

12.  Five Year Review (FYR) Date:

(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

The proposed rule will not have an impact on the agency's projected budget during the current biennium.

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:

There are no anticipated new costs of compliance as a result of this new rule.

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

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

Centers must be licensed because they serve seven or more children.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Failure to comply can result in revocation of a license.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

There may be costs to obtain a food license depending on the size of the program, type of program and county.

Child Care Center Type A Home

ACTION: Revised
	Building Code Reference
	Building Code

 

 

DATE: 09/20/2016 2:18 PM
	County
	License Number
	Specialist ID

 

 

Ohio Department of Job and Family Services

FIRE INSPECTION REPORT

FOR CHILD CARE CENTERS AND TYPE A HOMES

Annual Special

Name of Program or Licensee(s)
Street Address
City			State	Zip Code
Person with whom report was discussed
Age Group(s) Served:        Infant         Toddler          Preschool         School-age           Other
Days and Hours of Operation
Approval	I have found this program/home to be in compliance with rules promulgated by the State Fire Marshal's Office pursuant to Revised Code section 3737.83 regarding fire prevention and fire safety in a Child Care Center or Type A Home.
Disapproval	List violations:       All violations must be corrected. Re-inspection and written approval are required if any violation(s) listed are not corrected during the fire inspection.
Evening Care	Programs offering evening and overnight care are to have a fire inspection approval for sleeping on other than a ground floor of a building. Has this building been approved? Yes          No          If yes, what areas have been approved?
Nonambulatory Children	A fire inspection and approval is required prior to caring for infants or nonambulatory children of any age on any floor other than the first floor of the building. Has any area not on the first floor been approved for care of these children?                                                               Yes           No If yes, what areas have been approved?
Check all that apply: Fire evacuation plan posted                       Yes                                                                No Severe weather plan posted                                                     Yes      No Documentation of fire drills reviewed                                                   Yes      No		Approved smoking areas               Yes  No   N/A Approved sleep/nap areas              Yes  No   N/A Approved use of space heaters       Yes         No         N/A

Comments:

                                                                                  

Distribution: Original to Ohio Department of Job and Family Services One copy each to Fire Department and Owner/Administrator.

       JFS 01303 (Rev. 12/2016)