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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
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§ 227.10 Parental or Guardian Access
   (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)
§ 227.11 Ventilation, Light, Heat and Screening
   (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)
§ 227.12 Floor Space
   (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)
§ 227.13 Rooms Above Ground Level
   No room shall be used for day care center purposes unless the floor is above ground level, except if the Commissioner of Health and the Division of Fire shall upon a full examination of such room pronounce the same safe, healthful and sanitary.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.14 Outdoor Play Space and Playgrounds
   (a)   Each day care center shall have on the site a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards. The play space shall contain not less than sixty (60) square feet per child using such space at any one time, and shall provide an opportunity for supervised outdoor play each day in suitable weather. The Commissioner of Health may exempt a center from the requirement if an outdoor play space is not available and if all of the following are met:
      (1)   The center provides an indoor recreation area that has not less than sixty (60) square feet per child using the space at any one time, that has a minimum of one thousand four hundred forty (1, 440) square feet of space, and that is separate from the indoor space required under Section 227.12 of this section;
      (2)   The Commissioner of Health has determined that there is regularly available and scheduled for use a conveniently accessible and safe park, playground, or similar outdoor play area for play or recreation;
      (3)   The children are closely supervised during play and while traveling to and from the area.
   (b)   Stationary outdoor equipment such as, but not limited to, climbing gyms, swings or slides, shall be placed out of the path of the main traffic pattern in the yard and shall be securely anchored unless portable by design.
   (c)   Outdoor play surfaces shall be maintained daily and shall be kept free of hazards and debris.
   (d)   Wading pools shall be filtered, emptied, or drained daily. When not in use, the pools shall be stored or otherwise made inaccessible to children.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.15 Premises to be Kept Clean
   Each day care center, every part of a day care center, and all areas appurtenant to a day care center, shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind, or any conditions that may, in the judgment of the Commissioner of Health, tend to injure the physical or moral well-being of the children admitted or cared for in the day care center. No dry dusting or sweeping shall be done in any day care center while children are cared for in the day care center. No spraying of pesticides shall be done in any day care center while children are cared for in the day care center.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.16 Bedding
   (a)   Each center shall provide a quiet space for children who want to rest, nap, or sleep. The center or parent shall provide a clean and washable pad, mat, or comfortable furniture for children to use to rest, nap or sleep. No child shall be permitted to rest, nap, or sleep on the floor without a mat, pad, cot or comfortable furniture.
   (b)   When children rest, nap, or sleep on mats or pads, floors shall be clean, warm, dry, and draft free.
   (c)   Evacuation routes shall not be blocked by resting children. Each child shall have a free and direct means of escape, and the child care staff members shall have a clear path to each child.
   (d)   Children not of common parents may not occupy the same sleeping space at the same time.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
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