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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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§ 227.18 Use of Common Items Prohibited
   The common use of washcloths, towels, bed linen, combs, tooth brushes, hair brushes and drinking cups, and other personal affects is prohibited.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.19 Toilet Facilities
   Each day care center shall be adequately supplied with hot and cold water and toilet facilities within the building or part of the building used as the day care center. The hot water shall not go above one hundred twenty degrees Fahrenheit (120°F). Scald controls shall be placed on all hot water dispensers to which children have access. There shall be separate toilets for boys and girls of school age and sinks and toilets shall be of a suitable height for the age and size of the children. If toilets and sinks are not of a suitable height for children, the center shall provide a sturdy portable platform on which the children may stand. All toilet facilities shall be equipped with adequate toilet tissue, soap and hand-drying mechanisms, including towels or air driers. Each day care center that uses a toilet training apparatus must clean the apparatus after each individual use and the apparatus must be stored in an appropriate place after use. Toilet facilities shall be cleaned on a regular basis using germicidal substances, but cleaning must not take place while the children are in attendance.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.20 Isolation Room or Area
   Each day care center shall be provided with an isolation room/area of adequate size to provide for the isolation and care of any child having or suspected of having any contagious, infectious, parasitic or communicable disease, pending the examination of such child, and its removal from the day care center. Such isolation room/area shall be completely separated from all other parts of the day care center, and shall be so situated, maintained and equipped as to prevent the communication or spread of any disease from any occupant of such isolation room to other children admitted to or cared for in such day care center. The isolation room shall be equipped with a cot, at a minimum, for children to lie down and rest while being isolated.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.21 Communicable Disease
   (a)   Each day care center shall have a written policy concerning the management of communicable disease for both attendees and staff. This policy shall be available to all parents and guardians of children at the center, each employee of the center and to the director on request. The policy shall include, at a minimum:
      (1)   The center’s means of training all staff on signs and symptoms of illness and in hand washing and disinfection procedures;
      (2)   The center’s policy regarding the management of communicable disease among the center’s employees;
      (3)   The list of symptoms for which a child shall be discharged from the center;
      (4)   Procedures for isolating and discharging an ill child and policy for readmitting a child;
      (5)   Location of Ohio department of health “Child Day Care Communicable Disease Chart” which shall be posted in each center;
      (6)   Procedure for immediate notification of the parent or guardian when a child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease;
      (7)   The center’s policy for administration of medications to any child at the center;
      (8)   The center’s policy regarding the care of a mildly ill child.
   (b)   A daily health check shall be conducted every day to recognize the signs of communicable disease and all results shall be documented and kept on file.
   (c)   Day care centers shall follow the Ohio Department of Health “Child Day Care Communicable Disease Chart” for appropriate management of suspected illnesses. This chart shall be posted in the day care center.
   (d)   Any child absent from any day care center for more than three (3) days shall be subjected to a medical examination and proper documentation of said exam shall be presented to the day care center to indicate permission to return to the day care center.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.22 Care and Selection of Food
   (a)   Each day care center that prepares and/or serves food must post food licenses issued by the Department of Public Health or exemption thereof in a conspicuous place, easily noticed by all who enter the day care center. Current menus for the entire week shall be posted in a conspicuous place and shall reflect all meals, including breakfast, lunch, dinner or supper, and snacks to be served by the center; any substitute foods served shall be from the basic food groups and shall be recorded on the posted menu on the day the substitute food is served. Special efforts should be made to serve healthy food and beverage options to the children.
   (b)   All food used by the day care center or food provided by the parents of the children shall be stored safely and in a sanitary way. Storage of foods shall meet the requirements of RC Chapter 3732 and any relevant regulations adopted by the public health council. Refrigerators shall be set to hold food at a temperature below forty-one degrees Fahrenheit (41°F). The thermostat shall be in good working condition and accurate.
   (c)   Fluid milk shall be vitamin D fortified. Low- fat, skim, or dry powdered skim milk shall be vitamin A and D fortified. Prepared baby formula may also be used to feed infants. Breast milk must be labeled with name and date of issue. Refrigerated breast milk must not be kept for more than twenty-four (24) hours. Frozen breast milk may be stored for up to three (3) months. All nipples, bottles and containers of food and drink used in any day care center shall be kept thoroughly clean and capped with plastic tops and labeled with the child’s name at all times.
   (d)   Parents may provide food for their children at the day care center if the center secures a proper valid food license, the center has a policy which addresses the center’s procedures for providing a meal or snack to a child who comes to the center without food from home, and the center provides parents with nutritional guidelines of what foods must be provided for their children. Parents need to check with the day care center to find out if there are foods or products that are disallowed because a particular child or children at the center may be allergic to that food or product.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.23 Sanitary Condition of Day Care Centers
   (a)   Each day care center and all of the rooms, walls, floors, ceilings, closets, cupboards, stoves, refrigerators, furniture and other appurtenances, shall be kept in a thoroughly clean and sanitary condition at all times, and free from any dangerous, noxious or deleterious substances or conditions.
   (b)   Furniture, equipment, and materials which are not usable due to breakage or hazards shall be removed immediately and either repaired or discontinued from use.
   (c)   Washable equipment and furniture shall be cleaned with soap and water at least two (2) times each year. Additionally, any item soiled during daily use by, but not limited to, blood, vomitus, toileting accidents and spills shall immediately be cleaned with soap and water and then disinfected with a germicidal agent. Toys and other items placed in children’s mouths shall be cleaned thoroughly and disinfected with an appropriate germicidal solution and rinsed with water daily and immediately if soiled with blood, feces, urine or vomitus.
   (d)   All electrical outlets shall be covered to prevent accidents.
   (e)   If electrical fans are used, they shall have protective coverings, shall not be easily tipped over, and shall be placed so that they are not hazardous to children.
   (f)   Cleaning equipment shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans, or other chemical substances shall be stored in their original containers and/or clearly labeled, and stored in a space that is designated for the storage of such items and that is inaccessible to children.
   (g)   Blankets and/or sheets belonging to the center used by the children shall be laundered at least every week or more often if soiled. If a blanket and/or sheet is used by a different child, it shall be laundered between uses.
   (h)   Accumulated trash and garbage shall be stored outside of the outdoor or indoor play area and shall not be accessible to the children.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.24 First Aid Supplies
   First Aid supplies shall be readily available at all times the day care center is in operation. First Aid supplies shall be organized and easily accessible and shall include: one (1) roll of one-half (0.5) inch non- allergenic adhesive tape, one (1) roll of two (2) inch gauze roller bandage, ten (10) individual wrapped sterile gauze squares in various sizes, twenty-five (25) adhesive compresses (band aids), three (3) cotton towels or sheeting, one (1) pair of scissors, assorted sizes of safety pins, one (1) flashlight, one (1) thermometer, one (1) measuring spoon or dosing spoon, tweezers, and one-third (1/3) of a cup of powdered milk for dental first aid. Supplies shall be replaced as they are used, become damaged, or are sterile no longer.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.25 Program and Equipment
   (a)   Each center shall provide each day a balance of both quiet and active play suitable to the age and abilities of the children in care and shall include, but not be limited to:
      (1)   Homework or individual, small group activities;
      (2)   Developmentally appropriate enrichment activities;
      (3)   Child initiated activities and unstructured time periods;
      (4)   Large muscle and outdoor play activities. In extremely inclement weather, the center shall provide an opportunity for indoor gross motor play such as, but not limited to climbing, jumping, running, or riding wheel toys.
   (b)   Each center shall make available to the children play materials and equipment for the purpose of implementing program goals and activities. Play materials and equipment shall be suitable to the age levels and abilities of the children attending the center.
   (c)   Play materials to be used in the center’s program shall be arranged in an orderly manner so that children may select, remove, and replace play materials with a minimum of assistance during appropriate times throughout the daily program.
   (d)   Each center shall provide durable furniture, such as tables and chairs, for purposes of implementing the program. The furniture shall be child sized or appropriately adapted for use by children.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
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