5101:2-12-03 License capacity for licensed child care centers.

(A) "License capacity" is the maximum number of children who may be cared for in a child care center at any one time. License capacity is indicated on the license. License capacity is not the same as the total number of children enrolled in the center or attending the center on any given day. Children away from the center on a field trip or a special outing, and under the supervision of a child care staff member, shall be included in the count for license capacity.

(B) License capacity for centers in the regular license status shall be determined according to the following criteria:

(1) Occupancy limitations set by the building or fire departments or other agencies.

(2) Space, as required by rules 5101:2-12-13 and 5101:2-12-14 of the Administrative Code. Adequate space shall be available for the maximum number of children present at the center at one time.

(3) Equipment, cots and cribs as required by rules 5101:2-12-16, 5101:2-12-19, and 5101:2-12-42 of the Administrative Code.

(C) License capacity for centers in a provisional license period shall be determined by the criteria in paragraph (B) of this rule and also meet the following requirements.

(1) There shall be enough child care staff members as required by rule 5101:2-12-20 of the Administrative Code employed that can be made available to meet required staff/child ratios and maximum group sizes for the license capacity requested by the center.

(2) The center shall provide the Ohio department of job and family services (ODJFS) with the work schedule, group assignment, and verification of compliance with rules 5101:2-12-25 and 5101:2-12-26 of the Administrative Code for each employee who is a child care staff member.

(D) Any licensed center requesting a change in license capacity shall submit written documentation in accordance with the requirements of this rule in order to verify compliance for the license capacity being requested. The administrator is responsible for informing the department of any desired change in license capacity prior to any changes taking place. If there are noncompliance issues that have not been resolved, the administrator is responsible for correcting and responding to all noncompliance issues prior to a license capacity change. The change in license capacity shall not be in effect until the department issues the approval in writing to the center.

(E) After the provisional license has been amended to a regular license, centers shall employ the number of child care staff members required to meet staff/child ratios and group sizes stated in rule 5101:2-12-20 of the Administrative Code for the center's license capacity or the number of children enrolled, whichever is less.

Effective: 09/29/2011
R.C. 119.032 review dates: 07/14/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.01, 5104.011
Rule Amplifies: 5104.01, 5104.03
Prior Effective Dates: 3/1/81, 6/1/84, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/07