5101:2-13-18.1 Transportation/vehicle requirements for licensed type A homes.

(A) Any vehicle operated by the type A home or driven by the type A home staff to transport children for routine trips or field trips shall be mechanically safe .

(B) Requirements for type A home vehicles used for transportation of children.

(1) Effective January 1, 2017, type A homes that were licensed prior to September 1, 2008 shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers.

(2) Effective September 1, 2008:

(a) Type A homes that are issued a provisional license shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers.

(b) Type A homes that replace or add a vehicle shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers. This applies to all vehicles that are owned, leased or contracted.

(c) Vehicles used for transporting children which are purchased, leased or contracted with after September 1, 2008 and which are required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, must have factory installed passenger restraint anchorages and passenger restraints that are suitable for use in transporting children of any age who are to be transported. "Factory installed" means installed by the manufacturer or retrofitting that is accompanied by a certification document from the manufacturer. Add-on restraints such as infant carriers, car seats or booster seats are designed to be installed by the end user and are not subject to these requirements.

(C) Vehicles, as defined in paragraph (A) of this rule, shall receive an annual safety check from an automotive service excellence (ASE) certified mechanic.

(1) Verification of the safety check shall be documented on the JFS 01230 "Vehicle Inspection Report for Child Care Centers/Type A Homes" (rev. 9/2006).

(2) The verification shall include notation and correction of any safety violation and shall be maintained on file at the type A home for review by the department.

(3) A vehicle sticker issued from the Ohio state highway patrol in the past twelve months indicating the vehicle has passed a school bus or personal vehicle inspection may be used to meet this requirement.

(D) For all vehicles used for transporting children, the type A home shall maintain documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(1) A visual inspection of the vehicle's tires for wear and adequate pressure.

(2) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(3) An inspection for properly functioning child and driver restraints.

(4) An inspection for properly functioning doors and windows.

(5) An inspection for debris in the vehicle's interior.

(E) Emergency exiting procedures shall be practiced with children on a monthly basis by all staff responsible for transporting children. This practice shall occur during months that the vehicle is used for transporting children and shall take place on the type A home's premises or other safe location that is protected from traffic and other hazards to assure the safety of the children involved. A written record shall be kept of the dates when the emergency exiting procedure was practiced and the staff that were involved.

(F) Parents who are not employed by the type A home and use their vehicles for transportation to occasional fieldtrips shall not have to meet the requirements of paragraphs (C), (D) and (E) of this rule. "Occasional" means three or fewer times per calendar year.

Effective: 11/22/2015
Five Year Review (FYR) Dates: 06/09/2015 and 11/22/2020
Promulgated Under: 119.03
Statutory Authority: 5104.017
Rule Amplifies: 5104.017
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/05, 1/1/07, 7/1/10, 9/29/11