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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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§ 227.22 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)
§ 227.26 Medical Examination Before Admission; Contagious Disease
   No child shall be admitted to the day care center unless the child has been given a thorough and complete medical examination by a licensed examining physician. Such examination shall include all laboratory tests necessary to indicate the physical condition of the child examined, including a recent blood lead test for children under six (6) years of age, and shall provide to the child all necessary immunizations that are required by law. The result of such examination shall be reduced to writing and preserved in the permanent files kept at the day care center. No child may be admitted to any day care center unless the examination indicated by the record shows that such child is free from any contagious, infectious, communicable or parasitic disease, and duly protected against contagion or infection. No examining physician shall make any untrue or incorrect statement in any report provided for in this section.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.27 Overcrowding and Children per Staff Member Ratio
   (a)   No room in any day care center shall be overcrowded. Any room shall be deemed overcrowded for the purposes of this chapter if there is less than three hundred (300) cubic feet of air space per child at any time.
   (b)   Each day care-center shall have at least two (2) responsible adults, including one (1) staff member, available on the premises at all times when seven (7) or more children are in the center. The center shall organize the children in the center in small groups, shall provide child-care staff to give continuity of care and supervision of the children on a day-by-day basis, and shall ensure that no child is left alone or unsupervised. The following ratios of children per child-care staff member are to be followed:
Infants
Infants
   Less than 12 months old
5:1 or 12:2 with 2 staff members in the room
   12 to 18 months old
6:1
Toddlers
   18 to less than 30 months old
7:1
   At least 30 months to less than 3 years
8:1
Preschool
   3 years old
12:1
   4 and 5 year olds
14:1
School Children
   Children enrolled in, or eligible to be enrolled in kindergarten or above, but less than 11 years old
18:1
   11 through 14 years old
20:1
 
   (c)   When children are combined with other age groups, the ratio must conform to the youngest child in the group.
   (d)   Each day care center must have an administrator on site for minimum of at least half of the operating hours. This presence must be documented and available for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.28 Discipline of Children
   Each day care center shall have a written discipline policy which describes the center’s philosophy of discipline and the specific methods of discipline used at the center. The policy shall follow the State’s guidelines as set forth in OAC 5101:2-17-42. The parent or guardian of a child enrolled in a center shall receive a copy of the written discipline policy and a copy of the policy shall be on file at the day care center and ready for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.29 Safety Policies
   Each day care center shall have written policies for different safety issues including, but not limited to not leaving children unattended, arrival and departure policies, immediate telephone access, fire and weather alert plans, incident report procedures, monthly fire drills, field trip safety plans, and the no spraying of aerosols while children are present. These written policies shall be on file at the day care center and ready for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.30 Child Enrollment, Attendance and Medical Records
   (a)   The administrator of each day care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential except as otherwise exempt by law.
   (b)   Enrollment records shall include:
      (1)   The name, address, and birth date of each child;
      (2)   The date of admission of each child;
      (3)   The names, home addresses, home telephone numbers of each parent or guardian;
      (4)   The names, work addresses, work telephone numbers, or name and address of location and telephone number where each parent or guardian may be reached during the hours the child attends the center;
      (5)   The names, addresses, telephone numbers and relationships to each child of at least two (2) local persons who can be contacted by the center in the event of an emergency if the parent or guardian cannot be reached.
   (c)   Attendance records shall be kept by the staff member responsible for the child. Records shall be kept for at least three (3) months and shall include the names of the other children in the group, the name of the staff member in charge of that group, the designated space used by the group, and the schedule of each child in the group, including the days and hours of attendance.
   (d)   Health records shall be secured from the parent on or before the first day of attendance. The health record shall be kept on file and shall include:
      (1)   A list of medications, food supplements, modified diets, or fluoride supplements currently being administered to the child;
      (2)   Written, signed and dated instructions from a licensed physician or licensed dentist to administer medications, food supplements, modified diets or fluoride supplements;
      (3)   A list of all allergies and any special precautions or treatment indicated for these allergies;
      (4)   A list of all physical problems, health problems, and any history of hospitalization;
      (5)   A list of diseases the child has had;
      (6)   The name, address, and telephone number of the child’s physician or clinic;
      (7)   An emergency transportation authorization as required in the Ohio Administrative Code.
   (e)   The center shall require that parents or guardians review and update information as needed or at least annually.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
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