Family Child Care Rules
5101:2-13-04 Building Department Inspection and Fire Inspection for a Licensed Family Child Care Provider
Effective Date: December 31, 2016
Most Current Prior Effective Date: September 29, 2011

Appendix A - Fire Safety Requirements for a Licensed Type B Home Provider

Appendix B - Flammable and Combustible Material Storage for a Type B Home Provider

(A)What are the type A home requirements for building inspections and approval?

(1)Licensed type A homes shall be inspected by the local building department having jurisdiction. Building inspections shall be obtained:

(a)At the time of application for a child care license.

(b)At the time of a type A home requests a license amendment for a change of location.

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

(d)At the time of any major repair, modification, or alteration of any existing structure presently being used for a type A home but prior to the continued use of modified or altered parts of the structure. A major repair, modification or alteration includes:

(i)Cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of escape, or rearrangement of parts of the structure affecting the exit requirements.

(ii)Addition to, alteration of, replacement or relocation of any gas, oil, water, soil, waste or vent piping, electrical wiring or heating, ventilating or air-conditioning equipment.

(iii)Any modification requiring a new certificate of occupancy as required by the Ohio department of commerce or local certified building authority.

(2)The licensed type A home provider shall abide by any stipulations or limitations that are noted on the building inspection report.

(3)The building department inspection shall be documented on a form set forth by the bureau of building standards.

(4)The licensed type A home provider shall provide documentation that the type A home license is not prohibited by the local zoning board.

(B)What are the type A home requirements for a fire inspection and approval?

(1)Licensed type A homes shall secure a fire inspection and written approval from the state fire marshal or the local fire safety inspector for the municipality or township having jurisdiction. The type A home shall abide by any stipulations or limitations set forth in the written documentation by the state fire marshal or the local fire safety inspector.

(2)The fire inspection and approval needs to be obtained for a licensed type A home:

(a)At the time of initial application for a family child care license.

(b)At the time of a family child care license amendment when requesting a change of location.

(c)At least once annually within each twelve months from the date of the last fire approval report .

(d)Prior to the use of any areas of the structure not previously inspected and approved for use for type A home care.

(e)Prior to caring for infants and non-ambulatory children of any age other than on the first floor of the type A home.

(C)What requirements does a licensed type B home provider need to ensure fire safety?

A licensed type B home shall have:

(1)The emergency exit features and operational conditions listed in appendix A to this rule.

(2)At least one underwriters laboratories (UL) or factory mutual laboratories (FM) smoke detector located in the basement and on each level of the licensed type B home. The licensed type B home provider shall place, install, test and maintain smoke detectors in accordance with manufacturer's recommendations.

(3)At least one working UL or FM portable fire extinguisher, not expired, in the licensed type B home which shall have a minimum rating of 1A:10BC. At least one fire extinguisher shall be located in the kitchen where food is provided for child care or cooking area.

(4)All electrical connections made in junction boxes properly covered. Electrical extension cords shall not be used as permanent wiring.

(5)A written evacuation plan that identifies the primary escape route and alternate escape route to a designated meeting place outside of the home. A copy of the plan shall be posted on each level of the home on which care is provided.

(D)What are the requirements for flammable and combustible materials and substances on-site at the licensed type B home?

If a licensed type B home provider has items such as, but not limited to, gasoline, kerosene, propane and other fuels, the materials shall be stored in accordance with the storage requirements listed in appendix B to this rule.

(E)Can a licensed type B home provider use heaters?

If vented gas, oil, or wood-fired heaters are used, a nonflammable guard shall be provided for each heater, stove or fireplace to protect the children from hot surfaces and open flames.

(1)No unprotected open flame, such as fireplaces, oil lamps or candles, shall be allowed to burn in the home while care is being provided.

(2)Unvented fuel-fired heaters shall not be used while child care is being provided.

Replaces: 5101:2-13-10, 5101:2-13-11, 5101:2-14-10

Effective: 12/31/2016

Five Year Review (FYR) Dates: 12/31/2021


Date: 12/06/2016

Promulgated Under: 119.03

Statutory Authority: 5104.017, 5104.052

Rule Amplifies: 5104.052, 5104.051, 5104.05

Prior Effective Dates: 4/1/82, 5/20/83, 9/5/86, 9/25/86, 2/15/88, 5/1/89, 10/1/97 (Emer.), 12/30/97, 4/10/037/1/03, 9/1/05, 9/1/07, 8 /14/08, 7/1/10, 9/29/11, 1/1/14, 11/22/15