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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
TITLE I: NUISANCES AND GENERAL PROVISIONS
CHAPTER 201 - ENFORCEMENT AND PENALTY
CHAPTER 203 - NUISANCE ABATEMENT
CHAPTER 204 - NUCLEAR MATERIALS
CHAPTER 205 - ANIMALS AND FOWL
CHAPTER 207 - MARINAS
CHAPTER 209 - PROPERTY NUISANCE
CHAPTER 211 - VERMIN AND RODENT INFESTATION
CHAPTER 213 - SWIMMING POOLS, SPAS AND SPECIAL USE POOLS
CHAPTER 215 - TRANSIENT RESIDENTIAL BUILDINGS
CHAPTER 217 - TRAILER PARKS
CHAPTER 219 - PEST CONTROL OPERATORS
CHAPTER 221 - FOOD RENDERING ESTABLISHMENTS
CHAPTER 223 - PUBLIC LAUNDRIES
CHAPTER 225 - BARBER SHOPS, BODY PIERCING, AND TATTOOING ESTABLISHMENTS
CHAPTER 227 - DAY CARE CENTERS
CHAPTER 229 - NURSING AND REST HOMES
CHAPTER 231 - ABORTIONS
CHAPTER 233 - DEATHS
CHAPTER 234 - CONSTRUCTION AND DEMOLITION DEBRIS FACILITY TIPPING FEES
CHAPTER 235 - SMOKING BAN - CITY PROPERTY
CHAPTER 236 - REQUIREMENTS TO IMPLEMENT DINE SAFE OHIO ORDER
CHAPTER 237 - ADULT VIDEO ARCADES AND ADULT LIVE ENTERTAINMENT ARCADES
CHAPTER 238 - SANITIZATION AFTER COVID-19 POSITIVE EMPLOYEE
CHAPTER 239 - POSTING OF SIGNS WARNING AGAINST CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY
CHAPTER 240 - LEAD HAZARDS
TITLE III: FOOD AND FOOD PRODUCTS
TITLE V: AIR POLLUTION CONTROL
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
CHAPTER 227 – DAY CARE CENTERS
227.01   Definition
227.02   Permit Required
227.03   Permit Application
227.04   Inquiry Preliminary to Granting Permit
227.05   Conditions on Which Permit is Granted; Fee
227.06   Posting of Valid State and City Licenses; Change of Ownership or Change of Address
227.07   Right of Entry; Revocation of Permit
227.08   Staff Requirements
227.09   Admission Policies and Procedures
227.10   Parental or Guardian Access
227.11   Ventilation, Light, Heat and Screening
227.12   Floor Space
227.13   Rooms Above Ground Level
227.14   Outdoor Play Space and Playgrounds
227.15   Premises to be Kept Clean
227.16   Bedding
227.17   Care of Children’s Clothing and Diapering
227.18   Use of Common Items Prohibited
227.19   Toilet Facilities
227.20   Isolation Room or Area
227.21   Communicable Disease
227.22   Care and Selection of Food
227.23   Sanitary Condition of Day Care Centers
227.24   First Aid Supplies
227.25   Program and Equipment
227.26   Medical Examination Before Admission; Contagious Disease
227.27   Overcrowding and Children per Staff Member Ratio
227.28   Discipline of Children
227.29   Safety Policies
227.30   Child Enrollment, Attendance and Medical Records
227.31   Administration of Medications and Supplements
227.32   Medical and Dental Emergency Procedures
227.33   Reports to the Director of Public Health
227.34   Appeal
227.35   Violations
227.99   Penalty
Cross-reference:
   Venting heaters and burners, CO 629.01
Statutory reference:
   Building, fire prevention and food service requirements, RC 5104.05
   Inspections, RC 5104.04
   Licensing provisions, RC 5104.02 et seq.
§ 227.01 Definition
   As used in this chapter, “Day Care Center” means an institution or place in which seven (7) or more children not of common parentage, are received for periods of not less than four (4) hours, nor more than twenty-four (24) hours at one time, for care apart from their parents, whether for compensation, reward or otherwise.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.02 Permit Required
   No day care center shall be opened, maintained or conducted in the City of Cleveland without a written permit having been first issued by the Commissioner of Assessments and Licenses. No person, firm or corporation shall open, maintain, conduct or assist in the opening, maintenance or conduct of a day care center in the City, except after a permit has been issued, and then only in full compliance with all the provisions of this chapter.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.03 Permit Application
   (a)   Any person, firm, association or corporation desiring a permit to open, maintain and conduct a day care center shall make written application to the Commissioner of Assessments and Licenses, and that application shall state the name and residence of the applicant, and if the applicant is a corporation or association, the name and residence of all the officers; the present or proposed location of the day care center; the purpose for which it is to be opened, maintained or conducted; the accommodations provided for the children to be admitted to the day care center; the name and address of the superintendent or of the person or persons to be in charge; and other information as the Commissioner may request.
   (b)   Permits for the calendar year following the year in which the application is being made shall be accepted no earlier than November 1.
(Ord. No. 1642-12. Passed 12-3-12, eff. 12-6-12; Ord. No. 20-13. Passed 1-7-13, eff. 1-8-13)
§ 227.04 Inquiry Preliminary to Granting Permit
   The Director of Public Health, after a day care application is made, shall make or cause to be made a strict investigation of the statements and information contained in the application, and a thorough inspection of the premises intended to be used for the day care center.
(Ord. No. 1642-12. Passed 12-3-12, eff. 12-6-12; Ord. No. 20-13. Passed 1-7-13, eff. 1-8-13)
§ 227.05 Conditions on Which Permit is Granted; Fee
   (a)   If the Director of Public Health finds that the statements in the application are correct; that the premises intended to be used as a day care center are suitably located for a day care center and adequately equipped with all necessary heating, ventilating and sanitary devices to ensure the health and well-being of the children to be admitted to the day care center; that the application is made in good faith for the care and betterment of the children; that the superintendent or person to be in charge of the day care center is of good moral character and of sufficient knowledge, experience and ability to properly conduct, manage and maintain the day care center; that the proposed day care center and the premises occupied by the same comply in all respects with the requirements of this chapter; then, but not otherwise, the Director of Public Health shall recommend to the Commissioner of Assessments and Licenses in writing, that a license be issued. The Commissioner of Assessments and Licenses shall issue or cause to be issued a permit authorizing the applicant or applicants in question to open and conduct a day care center at the place specified, which permit shall state the maximum number of children that may be admitted to or cared for in the day care center at one (1) time. The fee to be paid annually to the City Treasurer for the permit shall be fifty dollars ($50.00) and no permit shall be issued except upon payment of the fee. Every permit issued under this section shall expire on December 31 of the year in which it is issued, and no second or succeeding permit shall be issued to any person, firm, association, or corporation, except after a reinspection of the premises, as provided for in the case of the issuance of an original permit.
   (b)   Upon full payment of a day care permit to the City Treasurer, the City's Building Department shall verify through its records, that the location has a valid certificate of occupancy. The Division of Fire and the Division of Health shall also conduct an annual inspection after payment is received by the City Treasurer. Upon certification that the day care center is in full compliance by the City's Building Department, the Division of Fire and the Division of Health, the Commissioner of Assessments and Licenses shall issue a permit to operate.
(Ord. No. 1642-12. Passed 12-3-12, eff. 12-6-12; Ord. No. 20-13. Passed 1-7-13, eff. 1-8-13)
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