Ohio Code § 5104.25

§ 5104.25.

(A) Except as otherwise provided in division (C) of this section, no child care center

shall permit any person to smoke in any indoor or outdoor space that is part of the

center. The administrator of a child care center shall post in a conspicuous place at the

main entrance of the center a notice stating that smoking is prohibited in any indoor

or outdoor space that is part of the center, except under the conditions described

in division (C) of this section. (B) Except as otherwise provided in division (C) of this section, no type A family child

care home or licensed type B family child care home shall permit any person to smoke

in any indoor or outdoor space that is part of the home during the hours the home

is in operation.  Smoking may be permitted during hours other than the hours of operation if the administrator

of the home has provided to a parent, custodian, or guardian of each child receiving

child care at the home notice that smoking occurs or may occur at the home when it

is not in operation. The administrator of a type A family child care home or a licensed type B family child

care home shall post in a conspicuous place at the main entrance of the home a notice

specifying the hours the home is in operation and stating that smoking is prohibited

during those hours in any indoor or outdoor space that is part of the home, except

under the conditions described in division (C) of this section. (C) A child care center, type A family child care home, or licensed type B family child

care home may allow persons to smoke at the center or home during its hours of operation

if those persons cannot be seen smoking by the children being cared for and if they

smoke in either of the following: (1) An indoor area that is separately ventilated from the rest of the center or home; (2) An outdoor area that is so far removed from the children being cared for that they

cannot inhale any smoke. (D) The director of children and youth, in consultation with the director of health,

shall adopt rules in accordance with Chapter 119. of the Revised Code to implement

the requirements of this section.  These rules may prohibit smoking in a child care center, type A family child care

home, or licensed type B family child care home if its design and structure do not

allow persons to smoke under the conditions described in division (C) of this section

or if repeated violations of division (A) or (B) of this section have occurred there.