Effective: January 1, 2014
Latest Legislation: Senate Bill 316 - 129th General Assembly
(A) Except as otherwise provided in division (C) of this section, no child day-care center shall permit any person to smoke in any indoor or outdoor space that is part of the center.
The administrator of a child day-care center shall post in a conspicuous place at the main entrance of the center a notice stating that smoking is prohibited in any indoor or outdoor space that is part of the center, except under the conditions described in division (C) of this section.
(B) Except as otherwise provided in division (C) of this section, no type A family day-care home or licensed type B family day-care home shall permit any person to smoke in any indoor or outdoor space that is part of the home during the hours the home is in operation. Smoking may be permitted during hours other than the hours of operation if the administrator of the home has provided to a parent, custodian, or guardian of each child receiving child care at the home notice that smoking occurs or may occur at the home when it is not in operation.
The administrator of a type A family day-care home or a licensed type B family day-care home shall post in a conspicuous place at the main entrance of the home a notice specifying the hours the home is in operation and stating that smoking is prohibited during those hours in any indoor or outdoor space that is part of the home, except under the conditions described in division (C) of this section.
(C) A child day-care center, type A family day-care home, or licensed type B family home may allow persons to smoke at the center or home during its hours of operation if those persons cannot be seen smoking by the children being cared for and if they smoke in either of the following:
(1) An indoor area that is separately ventilated from the rest of the center or home;
(2) An outdoor area that is so far removed from the children being cared for that they cannot inhale any smoke.
(D) The director of job and family services, in consultation with the director of health, shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the requirements of this section. These rules may prohibit smoking in a child day-care center, type A family day-care home, or licensed type B family home if its design and structure do not allow persons to smoke under the conditions described in division (C) of this section or if repeated violations of division (A) or (B) of this section have occurred there.
Structure Ohio Revised Code
Section 5104.01 | Child Care Definitions.
Section 5104.013 | Criminal Records Checks.
Section 5104.014 | Medical Statement of Immunization.
Section 5104.015 | Adoption of Rules.
Section 5104.016 | Rules Establishing Minimum Requirements for Child Day-Care Centers.
Section 5104.017 | Adoption of Rules Governing the Operation of Type a Family Day-Care Homes.
Section 5104.018 | Adoption of Rules Governing the Licensure of Type B Family Day-Care Homes.
Section 5104.019 | Adoption of Rules Governing the Certification of In-Home Aides.
Section 5104.0110 | Rules Requiring a Physical Examination.
Section 5104.0111 | Director of Job and Family Services; Duties.
Section 5104.02 | License Required.
Section 5104.021 | Exemption of Youth Development Programs.
Section 5104.022 | Licensing of Foster Homes as Family Day Care Homes.
Section 5104.03 | Application for and Renewal of License.
Section 5104.032 | Physical Space Requirements for Child Day-Care Centers.
Section 5104.033 | Staff to Child Ratios.
Section 5104.034 | Trained Staff Required on Premises.
Section 5104.037 | Tuberculosis Screening, Testing of Prospective Employees.
Section 5104.038 | Enrollment, Health, and Attendance Records.
Section 5104.039 | Access to Centers for Parents or Guardians.
Section 5104.04 | Investigating, Inspecting, and Licensing Procedures Established.
Section 5104.041 | Type a and B Family Day-Care Home Requirements.
Section 5104.042 | Suspension of Day-Care Center and Home Licenses Without Hearing.
Section 5104.043 | Determination of Serious Risk of Noncompliance; Notice.
Section 5104.05 | Requirements for Building, Fire Prevention, and Food Service.
Section 5104.051 | Responsibility for Inspections.
Section 5104.052 | Fire Prevention and Fire Safety in Licensed Type B Family Day-Care Homes.
Section 5104.053 | Inspecting Unlicensed Type B Homes.
Section 5104.054 | Zoning for Type B Family Day-Care Home.
Section 5104.06 | Providing Consultation and Technical Assistance.
Section 5104.08 | Day-Care Advisory Council.
Section 5104.081 | Management of Day-Care Functions.
Section 5104.09 | Discrimination Prohibited.
Section 5104.10 | Whistleblower Protection.
Section 5104.12 | Certification of In-Home Aides to Provide Publicly Funded Child Day-Care.
Section 5104.14 | Readability of Materials.
Section 5104.21 | Child Day Camp Registration.
Section 5104.22 | Enabling Approved Child Day Camp to Receive Public Moneys.
Section 5104.25 | Prohibiting Smoking.
Section 5104.29 | Step Up to Quality Program.
Section 5104.31 | Eligible Providers of Services for Publicly Funded Child Day-Care.
Section 5104.32 | Provider Contracts.
Section 5104.33 | Forms for Eligibility Determinations for Publicly Funded Child Day-Care.
Section 5104.34 | Determination of Eligibility.
Section 5104.341 | Validity of Determination of Eligibility.
Section 5104.35 | County Department of Job and Family Services - Powers and Duties.
Section 5104.36 | Record for Each Eligible Child.
Section 5104.382 | No Contracts to Person Against Whom Finding for Recovery Has Been Issued.
Section 5104.40 | Implementation of Rules.
Section 5104.41 | Homeless Child Care.
Section 5104.42 | Payment Procedure for Publicly Funded Child Care.
Section 5104.43 | Deposits Into Public Assistance Fund.
Section 5104.44 | Effect of Child Support Default on License or Certificate.