Ohio § 5104.032

§ 5104.032.

(A) The child care center shall have, for each child for whom the center is licensed,

at least thirty-five 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.  The minimum of thirty-five square feet of usable indoor floor space shall not include

hallways, kitchens, storage areas, or any other areas that are not available for the

care of children, as determined by the director, in meeting the space requirement

of this division, and bathrooms shall be counted in determining square footage only

if they are used exclusively by children enrolled in the center, except that the exclusion

of hallways, kitchens, storage areas, bathrooms not used exclusively by children enrolled

in the center, and any other areas not available for the care of children from the

minimum of thirty-five square feet of usable indoor floor space shall not apply to: (1) Centers licensed prior to or on September 1, 1986, that continue under licensure

after that date; (2) Centers licensed prior to or on September 1, 1986, that are issued a new license

after that date solely due to a change of ownership of the center. (B) The child 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 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 director may exempt a center from the requirement of this division, 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 square

feet per child using the space at any one time, that has a minimum of one thousand

four hundred forty square feet of space, and that is separate from the indoor space

required under division (A) of this section. (2) The director 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. The director also shall exempt from the requirement of this division a child care

center that was licensed prior to September 1, 1986, if the center received approval

from the director prior to September 1, 1986, to use a park, playground, or similar

area, not connected with the center, for play or recreation in lieu of the outdoor

space requirements of this section and if the children are closely supervised both

during play and while traveling to and from the area and except if the director determines

upon investigation and inspection pursuant to section 5104.04 of the Revised Code and rules adopted pursuant to that section that the park, playground, or similar

area, as well as access to and from the area, is unsafe for the children.