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Cleveland, OH Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum indoor floor space
35 sq ft per child (§ 227.12)
Minimum outdoor play space
60 sq ft per child (§ 227.14)
Minimum heat requirement
68°F at all times (§ 227.11)
Below-grade rooms
Barred unless Fire & Health approve (§ 227.13)
Annual permit fee
$50 to City Treasurer (§ 227.05)
Pre-permit inspections
Building, Fire, and Health Divisions (§ 227.05(b))

Summary

Cleveland requires every licensed day care center to meet fixed building-safety standards: rooms must be above ground level unless the Fire Division signs off, spaces need at least 35 square feet per child, and heat must hold 68°F under Codified Ordinances Ch. 227.

§ 227.13 Rooms Above Ground Level. No room shall be used for day care center purposes unless the floor is above ground level, except if the Commissioner of Health and the Division of Fire shall upon a full examination of such room pronounce the same safe, healthful and sanitary. ... § 227.12 Floor Space. (a) The day care center shall have, for each child for whom the center is licensed, at least thirty-five (35) square feet of usable indoor floor space wall-to-wall regularly available for the child care operation... § 227.11 (b) ...sufficient to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F), at all times in all parts of the day care center to which children are admitted.

Source: Ohio Revised Code 5104View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).

Full Breakdown

Chapter 227 of the Cleveland Codified Ordinances sets the physical building requirements a day care center must satisfy before the Commissioner of Assessments and Licenses will issue or renew its annual permit. 13, no room may be used for day care unless its floor is above ground level, "except if the Commissioner of Health and the Division of Fire shall upon a full examination of such room pronounce the same safe, healthful and sanitary", meaning a below-grade room needs an affirmative joint Fire/Health sign-off, not just a passed inspection.

11 requires every room to be adequately heated and ventilated, with a heating apparatus approved by the Commissioner of Health sufficient to maintain at least 68°F at all times children are present, plus windows with glass-and-sash area equal to at least one-eighth of the room's floor area, and screens on all doors, windows and openings from May 15 to November 15 to keep out flies. 12 sets minimum usable indoor floor space at 35 square feet per licensed child, wall-to-wall, excluding any part of the structure where child care is prohibited by the board of building standards, plus a one-foot clearance on all sides of any bed or crib not against a wall.

14 requires a fenced or otherwise hazard-protected outdoor play space of at least 60 square feet per child using it at one time, with stationary equipment like climbing gyms, swings, and slides kept out of main traffic patterns and securely anchored. 05(b) requires the City's Building Department to verify a valid certificate of occupancy and requires the Division of Fire and Division of Health to conduct an annual inspection; a permit issues only after all three certify compliance. 05(a)).

Violations & Fines

Operating without the Building Department's certificate-of-occupancy verification or without the annual Fire Division and Health Division inspections blocks permit issuance or renewal under § 227.05(b). A center found in a below-ground room without the required joint Fire/Health safety pronouncement, or lacking the 68°F heating standard or required window and screen provisions, is out of compliance with §§ 227.11 and 227.13 and can have its permit revoked by the Director of Public Health under § 227.07's right-of-entry and revocation authority. General chapter violations are penalized under § 227.99.

Frequently Asked Questions

Can a Cleveland day care operate in a basement room?
Only if the Commissioner of Health and the Division of Fire jointly examine the room and pronounce it safe, healthful and sanitary under § 227.13. Absent that sign-off, no room may be used for day care purposes unless its floor is above ground level.
How much indoor space does Cleveland require per child?
At least 35 square feet of usable indoor floor space per licensed child, measured wall-to-wall and excluding any area where child care is prohibited by the board of building standards, under § 227.12(a).
What heating standard applies to Cleveland day care centers?
Section 227.11(b) requires a Commissioner of Health-approved heating apparatus that maintains at least 68°F at all times in every part of the center where children are admitted, installed in conformity with law and ordinance.
Who inspects a Cleveland day care center before it can get a permit?
Under § 227.05(b), the Building Department verifies the certificate of occupancy and the Division of Fire and Division of Health each conduct an annual inspection; the Commissioner of Assessments and Licenses issues the permit only after all three certify full compliance.

Sources & Official References

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