5101:2-12-10 Building approval for licensed child care centers.

(A) The center shall obtain a building approval for the purpose of operating a child care center and abide by any stipulations or limitations that are noted. Building approval shall be obtained from the Ohio department of commerce or from the local certified building department having enforcement authority for the center's location. Building approval shall be verified by a certificate of occupancy issued in accordance with Chapters 3781. and 3791. of the Revised Code. Building approval shall be obtained in the following circumstances:

(1) Upon initial application for licensure or request to amend the license for a new address.

(2) At the time of any major modification or alteration of any existing structure presently being used for child care.

(3) Prior to the use of any parts of the structure not previously inspected and approved for use for child care.

(B) The center shall not be required to obtain a building approval in the following circumstances:

(1) A center submitting an initial application due to a change in ownership with no change of use;

(2) A center caring exclusively for school children operating in an existing public school or chartered nonpublic school building as defined in section 5104.02 of the Revised Code.

(a) Upon request of the Ohio department of job and family services (ODJFS), the school superintendent shall provide verification that the center is in a school facility and is in compliance with applicable building codes.

(b) If it is determined that the existing school facility is not in compliance with applicable building codes, it is the responsibility of the center owner or administrator to verify that the violations are corrected and to obtain a certificate of occupancy prior to initial license issuance or to retain continued licensure.

Effective: 11/22/2015
Five Year Review (FYR) Dates: 08/28/2015 and 11/22/2020
Promulgated Under: 119.03
Statutory Authority: 5104.015, 5104.05, 5104.051
Rule Amplifies: 5104.05, 5104.051
Prior Effective Dates: 3/1/81, 4/1/85, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/05, 09/29/2011