Ohio § 5104.051

§ 5104.051.

(A)(1) The department of commerce is responsible for the inspections of child care centers

as required by division (A)(1) of section 5104.05 of the Revised Code .  Where there is a municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy

which includes child care centers, all inspections required under division (A)(1) of section 5104.05 of the Revised Code shall be made by that department according to the standards established by the board

of building standards.  Inspections in areas of the state where there is no municipal, township, or county

building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy

which includes child care centers shall be made by personnel of the department of

commerce.  Inspections of centers shall be contingent upon payment of a fee by the applicant

to the department having jurisdiction to inspect. (2) The department of commerce is responsible for the inspections of type A family child

care homes as required by division (B)(3) of section 5104.05 of the Revised Code .  Where there is a municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy

which includes type A homes, all inspections required under division (B)(3) of section 5104.05 of the Revised Code shall be made by that department according to the standards established by the board

of building standards.  Inspections in areas of the state where there is no municipal, township, or county

building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy

which includes type A homes shall be made by personnel of the department of commerce.  Inspections of type A homes shall be contingent upon payment of a fee by the applicant

to the department having jurisdiction to inspect. (B) The state fire marshal is responsible for the inspections required by divisions (A)(2) and (B)(1) of section 5104.05 of the Revised Code .  In municipal corporations and in townships outside municipal corporations where

there is a fire prevention official, the inspections shall be made by the fire chief

or the fire prevention official under the supervision of and according to the standards

established by the state fire marshal.  In townships outside municipal corporations where there is no fire prevention official,

inspections shall be made by the employees of the state fire marshal. (C) The state fire marshal shall enforce all statutes and rules pertaining to fire safety

and fire prevention in child care centers and type A family child care homes.  In the event of a dispute between the state fire marshal and any other responsible

officer under sections 5104.05 and 5104.051 of the Revised Code with respect to the interpretation or application of a specific fire safety statute

or rule, the interpretation of the state fire marshal shall prevail. (D) As used in this division, “licensor” has the same meaning as in section 3717.01 of the Revised Code . The licensor for food service operations in the city or general health district in

which the center is located is responsible for the inspections required under Chapter

3717. of the Revised Code. (E) Any moneys collected by the department of commerce under this section shall be paid

into the state treasury to the credit of the industrial compliance operating fund

created in section 121.084 of the Revised Code .