Ohio Admin. Code 5101:2-12-04 - Building department inspection, fire inspection and food service requirements for a licensed child care center
(A) What are the requirements for building
inspections and approval?
(1) A certificate of occupancy for the
purpose of operating a child care center is required in accordance with
Chapters 3781. and 3791. of the Revised Code and shall be obtained from
either the Ohio department of commerce
or
the local certified building
authority
department
or in the absence of a local certified building department, the Ohio department
of commerce, and be available onsite for review .
(2) The center shall comply with any
stipulations or limitations noted on the certificate of occupancy.
(3) A certificate of occupancy is required in
the following circumstances:
(a) At the time
of application for a child care center license.
(b) At the time a child care center requests
a license amendment for a change of location, including
a temporary change of location .
(c) Prior to the use of any areas of the
structure not previously inspected and approved for child care use.
(d) At the time of major repair, modification
or alteration of any existing structure presently being used for child care but
prior to the continued use of modified or altered parts of the structure. Major
repair, modification or alteration includes:
(i) Cutting away of any wall, partition or
portion thereof, the removal of or cutting of any structural beam or bearing
support or the removal or change of any required means of escape, or
rearrangement of parts of the structure affecting the exit
requirements.
(ii) Addition to,
alteration of, replacement or relocation of any gas, oil, water, soil, waste or
vent piping, electrical wiring or heating, ventilating or air-conditioning
equipment.
(iii) Any modification
requiring a new certificate of
occupancy
that would otherwise need a plan
approval as required by the rules of the Ohio
board of building standards
Ohio department of
commerce or local certified building authority.
(4) A new or revised certificate
of occupancy is not required for the following:
(a) A change in ownership with no change of
use.
(b) Child care is provided
exclusively for school-age children in an
existing public school or chartered nonpublic school building as described in
section
5104.02 of the
Revised Code.
(B) What are the requirements for a fire
inspection and approval?
(2)(3) A fire inspection
and approval need
is to be obtained at the following times:
(3)(4) If child care is
provided exclusively for school-age children in
an existing public school or chartered nonpublic school building as described
in section
5104.02 of the
Revised Code, a fire inspection for the child care center is not
required.
(1) Licensed child care centers shall secure
a written fire inspection
and written approval from the state fire
marshal or the local fire safety inspector for the municipality or township
having jurisdiction. The child care center shall
abide by any stipulations or limitations set forth in the written documentation
by the state fire marshal or local fire safety inspector.
(2)
The child care
center is to abide by any stipulations or limitations set forth in the written
documentation by the state fire marshal or local fire safety
inspector.
(a) At the time of initial application for a
child care center license.
(b) At
the time of a child care center license amendment when requesting a change of
location, including a temporary change of
location .
(c) At least once
annually within each twelve months from the date of the last fire
inspection
approval report.
(d) Prior to the use of any areas of the
structure not previously inspected and approved for child care use.
(C) What are
the requirements for preparing and serving food for a
child care center
a food service license or
exemption?
(1) A valid food service
operation license or exemption status shall be
obtained permitting the preparation and serving of
food, or exemption status, from the local health department having
jurisdiction or from the Ohio department of
health.
(2) Meals or
snacks may be provided by an off-site food processing
establishment
a licensed catering food service
operation
registered with the Ohio department
of agriculture (ODA) . This ODA registration
requirement includes meals or snacks prepared by a child care center and
provided or transported to a different child care center for serving.
The center shall maintain on file a copy of the
catering food service operation's current license. If the caterer only provides
the food and it is the responsibility of the center to serve the food, the
center shall follow the requirements of the local health department having
jurisdiction.
(a)
The center is to maintain on file a copy of the food
processing establishment's current registration.
(b)
If the food
processing establishment only provides the food and it is the responsibility of
the center to serve the food, the center is to follow the requirements of the
local health department having jurisdiction, including securing a food service
operation license for the center.
(3)
A food service
license or exemption for the child care center is not required if the child
care program is located in an existing public school, chartered non-public
school, church or similar location which maintains a food service operation
license. The child care center is to obtain written documentation by the food
service operation license holder granting permission to operate under their
license.
Notes
Promulgated Under: 119.03
Statutory Authority: 5104.015
Rule Amplifies: 5104.015, 5104.05, 5104.051, 5104.03
Prior Effective Dates: 03/01/1981, 06/01/1984, 04/01/1985, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005, 09/01/2007, 07/01/2010, 09/29/2011, 11/22/2015, 12/31/2016
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(A) What are the requirements for building inspections and approval?
(1) A certificate of occupancy for the purpose of operating a child care center is required in accordance with Chapters 3781. and 3791. of the Revised Code and shall be obtained from either the Ohio department of commerce or the local certified building authority department or in the absence of a local certified building department, the Ohio department of commerce, and be available onsite for review .
(2) The center shall comply with any stipulations or limitations noted on the certificate of occupancy.
(3) A certificate of occupancy is required in the following circumstances:
(a) At the time of application for a child care center license.
(b) At the time a child care center requests a license amendment for a change of location, including a temporary change of location .
(c) Prior to the use of any areas of the structure not previously inspected and approved for child care use.
(d) At the time of major repair, modification or alteration of any existing structure presently being used for child care but prior to the continued use of modified or altered parts of the structure. Major repair, modification or alteration includes:
(i) Cutting away of any wall, partition or portion thereof, the removal of or cutting of any structural beam or bearing support or the removal or change of any required means of escape, or rearrangement of parts of the structure affecting the exit requirements.
(ii) Addition to, alteration of, replacement or relocation of any gas, oil, water, soil, waste or vent piping, electrical wiring or heating, ventilating or air-conditioning equipment.
(iii) Any modification requiring a new certificate of occupancy that would otherwise need a plan approval as required by the rules of the Ohio board of building standards Ohio department of commerce or local certified building authority.
(4) A new or revised certificate of occupancy is not required for the following:
(a) A change in ownership with no change of use.
(b) Child care is provided exclusively for school-age children in an existing public school or chartered nonpublic school building as described in section 5104.02 of the Revised Code.
(B) What are the requirements for a fire inspection and approval? (2)(3) A fire inspection and approval need is to be obtained at the following times: (3)(4) If child care is provided exclusively for school-age children in an existing public school or chartered nonpublic school building as described in section 5104.02 of the Revised Code, a fire inspection for the child care center is not required.
(1) Licensed child care centers shall secure a written fire inspection and written approval from the state fire marshal or the local fire safety inspector for the municipality or township having jurisdiction. The child care center shall abide by any stipulations or limitations set forth in the written documentation by the state fire marshal or local fire safety inspector.
(2) The child care center is to abide by any stipulations or limitations set forth in the written documentation by the state fire marshal or local fire safety inspector.
(a) At the time of initial application for a child care center license.
(b) At the time of a child care center license amendment when requesting a change of location, including a temporary change of location .
(c) At least once annually within each twelve months from the date of the last fire inspection approval report.
(d) Prior to the use of any areas of the structure not previously inspected and approved for child care use.
(C) What are the requirements for preparing and serving food for a child care center a food service license or exemption?
(1) A valid food service operation license or exemption status shall be obtained permitting the preparation and serving of food, or exemption status, from the local health department having jurisdiction or from the Ohio department of health.
(2) Meals or snacks may be provided by an off-site food processing establishment a licensed catering food service operation registered with the Ohio department of agriculture (ODA) . This ODA registration requirement includes meals or snacks prepared by a child care center and provided or transported to a different child care center for serving. The center shall maintain on file a copy of the catering food service operation's current license. If the caterer only provides the food and it is the responsibility of the center to serve the food, the center shall follow the requirements of the local health department having jurisdiction.
(a) The center is to maintain on file a copy of the food processing establishment's current registration.
(b) If the food processing establishment only provides the food and it is the responsibility of the center to serve the food, the center is to follow the requirements of the local health department having jurisdiction, including securing a food service operation license for the center.
(3) A food service license or exemption for the child care center is not required if the child care program is located in an existing public school, chartered non-public school, church or similar location which maintains a food service operation license. The child care center is to obtain written documentation by the food service operation license holder granting permission to operate under their license.
Notes
Promulgated Under: 119.03
Statutory Authority: 5104.015
Rule Amplifies: 5104.015, 5104.05, 5104.051, 5104.03
Prior Effective Dates: 03/01/1981, 06/01/1984, 04/01/1985, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005, 09/01/2007, 07/01/2010, 09/29/2011, 11/22/2015, 12/31/2016