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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 5101:2-9-08 | Fire safety.


(A) A residential facility shall secure a JFS 01200 "Fire Inspection Report Child Care Facilities Licensed/Certified by the Ohio Department of Job and Family Services" (rev. 02/2015) fire safety approval or other form used for a local or state fire inspection in each of the following instances:

(1) Within six months prior to initial certification.

(2) At the time of any major modification or alteration of any existing structure, unless the structure will no longer be in use and is inaccessible to children.

(3) Not more than twelve months following the date of the previous inspection.

(B) A residential facility shall not be certified or recertified without an approved fire safety inspection obtained pursuant to paragraph (A) of this rule.

(C) All fire safety approvals shall be secured from the state fire marshal or from a township or municipal fire department which has personnel certified to inspect and approve the fire and building code use group applicable to the residential facility.

(D) Each residential facility shall have smoke detectors located according to instructions of the local fire safety inspector or state fire marshal.

(E) Each smoke detector located in a residential facility shall be tested at least twice annually at regularly spaced intervals. Such testing shall be documented in a log which indicates the date of the test, the results, and action taken if the result of the test indicated that the smoke detector was inoperable or malfunctioning. If the facility has a combined smoke detector and fire alarm system a fire alarm inspection shall be conducted by a company approved to test such equipment at least twice annually at regularly spaced intervals or approved by local or state fire inspector. The facility shall obtain annual alarm system testing and shall have documentation of testing.

(F) Each residential facility shall have fire extinguishers in specific locations as required by the certified fire inspector. Fire extinguishers shall be inspected as required by the fire inspector and documentation maintained.

(G) No residential facility shall allow candles to be burned in sleeping areas.

(H) Free-standing wood-burning stoves and unvented heaters that burn kerosene, gas or oil shall not be used in a residential facility.

(I) Portable heaters may be used and maintained in accordance with manufacturer's instructions, if the heater has been approved by the underwriter's laboratory, and are not prohibited by any local or state ordinances or fire inspector.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 12/30/1966, 10/1/1986, 1/1/1991, 9/18/1996, 9/1/2002, 1/1/2008, 12/1/2010, 7/1/2014