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(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)
Each day care center shall post in a public area a valid state and city license to operate a day care facility. Both licenses shall be located in an area that is easily noticed upon inspection. Upon change of ownership or upon change of address, day care centers must reapply to the Commissioner of Assessments and Licenses for a new city license in order to maintain the validity of the license.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
The Commissioner of Health or his or her designee shall inspect, or cause to be inspected all day care centers in the City, whenever and as often as shall be necessary for the adequate supervision, control and regulation of the same. Whenever the Commissioner receives a written or verbal complaint to the effect that any day care center in the City is not managed, maintained, operated or conducted in compliance with the provisions of this chapter, or that the physical or moral well-being of any child or children cared for in any day care center is not being adequately and properly provided for, the Commissioner shall, within ten (10) days after the written complaint has been delivered to him or her, cause an investigation of the day care center complained of to be made, and shall make or cause to be made a written report of the result of the investigation. The Commissioner is authorized and empowered either by himself or herself, or any representative designated by him or her for that purpose, to enter any day care center in the City and the premises on which the same is conducted, for the purpose of making full inspection. If upon any inspection the Commissioner finds that any of the provisions of this chapter are being violated in connection with the conduct and operation of any day care center, or that the physical and moral well-being of any child or children cared for is not being adequately provided for, then and in such event he or she may revoke the permit issued for the operation of the day care center, and the operation of the day care center shall become unlawful.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
(a) All employees must be subject to a medical exam before being hired. All employees must have updated tuberculosis vaccinations before being hired and updated according to medical standards. The medical records and tuberculosis vaccination records must be kept in the employees’ personnel files and are subject to inspection by the Commissioner of Health or his or her designee.
(b) All employees must subject themselves to a criminal records check in accordance with RC Chapter 5104 and OAC Chapter 5101:2-12; the results of which must be kept in the employees’ personnel files. Those persons found to have a criminal record shall not be employed in any capacity in or own or operate a school child day care center, unless permitted by RC Chapter 5104 or OAC Chapter 5101:2-12.
(c) No employee shall abuse or neglect children and all employees shall protect children from abuse and neglect while in the center’s care. All employees have a legal duty to immediately report any act or suspected act of child abuse or neglect to the local public children’s service agency as provided for in RC Chapter 5104 or OAC Chapter 5101:2-12.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
(a) Parents and Guardians of children at day care centers shall be provided with written information concerning the program and activities of the center. The information shall include the following:
(1) The center’s name, address and telephone number;
(2) That the center is licensed to operate legally and the number of children and the age categories the center is licensed to serve;
(3) That the state department of Job and Family services issues the center a license which is posted in a conspicuous place for review;
(4) That the law and rules governing child day care are available at the center for review upon request;
(5) That the department of Job and Family Services’ toll-free number is available, and any person may use it to report a suspected violation by the center;
(6) That the administrator and each employee of the center are required under Ohio law to report their suspicions of child abuse or child neglect;
(7) That any custodial parent, custodian, or guardian of a child enrolled in a center shall be permitted unlimited access to the center during its hours of operation for the purpose of contacting their children, evaluating the care provided by the center or evaluating the premises. Upon entering the premises, the custodial parent, custodian, or guardian shall notify the administrator of his or her presence;
(8) That rosters of names and telephone numbers of parents, custodians, or guardians of children attending the center are available on request. Parents shall be notified that the rosters shall not include the name or telephone number of any parent, custodian, or guardian who requests the administrator not include his or her name or telephone number;
(9) That the center’s licensing record including, but not limited to, compliance report forms from the department and evaluation forms from the health, building, and fire departments that inspected the center, is available on request from the department;
(10) That it is unlawful to discriminate in the enrollment of children upon the basis of race, color, religion, sex, or national origin;
(11) That it is unlawful to smoke on the premises during the Center’s hours of operation and all Centers shall comply with Ohio laws and regulations regarding smoking.
(b) Parents and Guardians of children at day care centers shall be provided with written information concerning the center’s program including, at a minimum:
(1) Day and hours of operation;
(2) The maximum number of children per staff member allowed;
(3) A sample of the daily program schedule for the group of children in which the child will receive care.
(c) Parents and Guardians of children at day care centers shall be provided with written information concerning the center’s policies concerning:
(1) Discipline and safety;
(2) The serving of meals and snacks;
(3) Emergencies, accidents, management of communicable illnesses and administration of medications;
(4) Fees, registration, rebates, overtime charges, and permanent withdrawals;
(5) The release of the child from the center to any other person other than the custodial parent or guardian;
(6) The transportation of children including, but not limited to, transportation of a child to the source of emergency medical care or emergency dental care and transportation for routine trips, field trips, or special outings;
(7) The center’s plan for parental participation;
(8) The center’s plan for the supervision of children.
(d) A copy of the policies stated above must be kept on file at the day care center and is subject to inspection by the City of Cleveland.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
(a) The residential parent, custodian, or guardian of a child enrolled in a day care center shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting the child, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. Upon entering the premises, the residential parent, custodian, or guardian shall notify the administrator or his or her designee of his or her presence.
(b) A parent of a child enrolled in a day care center that is not the child’s residential parent shall be permitted unlimited access to the center during its hours of operation for those purposes and conditions under which the residential parent of that child is permitted access to the center. However, the access of the parent who is not the residential parent is subject to and limited by any agreement between parents and, to the extent described in RC Chapter 5104, is subject to and limited by any terms or conditions limiting the right of access of the parent who is not the residential parent, as described in RC 3109.051, that are contained in a visitation order or decree issued under that section, RC 3109.11 or RC 3109.12, or any other provision of the Ohio Revised Code.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
(a) All rooms in a day care center shall be adequately heated and ventilated, and no room shall be used for day care center purposes unless the same has windows opening on a public thoroughfare, or a yard or court not less than ten (10) feet wide, which windows shall have a total glass and sash area equivalent to one-eighth (1/8) of the total floor area of the room.
(b) Each room used for day care center purposes shall be properly ventilated and no day care center shall be operated or conducted unless it is provided with a heating apparatus approved by the Commissioner of Health and installed in conformity with law and ordinance, sufficient to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F), at all times in all parts of the day care center to which children are admitted.
(c) All doors, windows and other outside openings of any day care center shall be adequately provided with screens from May 15 to November 15 of each year while the day care center is in operation, so as to prevent the entrance of flies into the day care center. Each day care center shall be kept and maintained free from flies and other insects.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
(a) The day care center shall have, for each child for whom the center is licensed, at least thirty-five (35) square feet of usable indoor floor space wall-to-wall regularly available for the child care operation exclusive of any parts of the structure in which the care of children is prohibited by law or by rules adopted by the board of building standards.
(b) Each bed or crib shall be so placed at all times as to provide a space of not less than one (1) foot on all sides around such bed or crib, except where the bed or crib may be in contact with a wall. Nothing contained in this chapter, however, shall prevent the installation of sectional metal beds of the type and construction approved by the Commissioner of Health.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
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