Sub. S. B. No. 305 As Passed by the Senate

Senators Stivers, Goodman, Dann, Kearney, Wachtmann

A BILL

To amend sections 3731.01, 3731.02, 3731.09, 3731.12, 1
3731.13, and 3731.21 and to enact section 3731.04 2
of the Revised Code to modify requirements applied 3
to differing types of hotels and to specify duties 4
of local boards of health regarding sanitary 5
standards applicable to hotels. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3731.01, 3731.02, 3731.09, 3731.12, 7
3731.13, and 3731.21 be amended and section 3731.04 of the Revised 8
Code be enacted to read as follows: 9

       Sec. 3731.01. (A) As used in ~~sections 3731.01 to 3731.21 of~~ 10
~~the Revised Code~~this chapter: 11

       (1) "Hotel" means ~~either of the following:~~ 12

       ~~(a) Any~~a transient hotel, extended stay hotel, or 13
residential hotel. 14

        "Hotel" includes any structure consisting of one or more 15
buildings containing any combination of more than five guestrooms 16
that are each approved by the building code official having 17
jurisdiction and the fire marshal as meeting the requirements for 18
transient sleeping rooms or extended stay temporary residence 19
dwelling units, or as having features of such sleeping rooms and 20
dwelling units within the same room, and such structure is 21
specifically constructed, kept, used, maintained, advertised, and 22
held out to the public to be a place where transient sleeping 23
accommodations or temporary residence is offered for pay to 24
persons, but such structure does not otherwise meet the definition 25
of a transient hotel or an extended stay hotel as defined in this 26
section. "Hotel" does not include agricultural labor camps, 27
apartment houses, apartments or other similar places of permanent 28
personal residence, lodging houses, rooming houses, or hospital or 29
college dormitories. 30

        (2) "Transient hotel" means any structure consisting of one 31
or more buildings, with more than five sleeping rooms, that is 32
specifically constructed, kept, used, maintained, advertised, or 33
held out to the public to be a place where sleeping accommodations 34
are offered for pay to transient guests for a period of thirty 35
days or less, including, but not limited to, such a structure 36
denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed 37
and breakfast, or inn; 38

       ~~(b) Any~~. 39

       (3) "Extended stay hotel" means any structure consisting of 40
one or more buildings, with more than five ~~sleeping rooms~~dwelling 41
units with provisions for living, eating, cooking, sanitation, and 42
sleeping, that is specifically constructed, kept, used, 43
maintained, advertised, and held out to the public to be a place 44
where temporary residence is offered for pay to persons, 45
~~including, but not limited to, an extended stay hotel or extended~~ 46
~~stay motel that is specifically constructed, and approved by the~~ 47
~~building official having jurisdiction over it and by the fire~~ 48
~~marshal, for extended stay temporary residence by persons, and~~ 49
~~that contains six or more dwelling units with provision for~~ 50
~~living, eating, cooking, sanitation, and sleeping.~~ 51

       ~~"Hotel" does not include agricultural labor camps, apartment~~ 52
~~houses, lodging houses, rooming houses, or hospital or college~~ 53
~~dormitories.~~ 54

       ~~(2)~~for a minimum stay of more than thirty days and a maximum 55
stay of one year within the dwelling units at the structure, that 56
is approved pursuant to a valid certificate of occupancy issued by 57
the building official having jurisdiction as having all of the 58
required dwelling unit features, and for which such valid 59
certificate of occupancy indicates the specific rooms within the 60
structure that can be used as dwelling units, and that is approved 61
by the fire marshal for extended stay temporary residence 62
purposes. 63

        (4) "Residential hotel" means any structure or structures 64
consisting of one or more buildings, with more than five dwelling 65
units, that are specifically constructed and approved through a 66
valid certificate of occupancy issued by the building official 67
having jurisdiction, as having both dwelling unit features for 68
non-transient residence purposes and all of the transient 69
residential occupancy features of a transient hotel in accordance 70
with the residential group R-1 use and occupancy classification 71
adopted by the board of building standards pursuant to Chapter 72
3781. of the Revised Code, and that are kept, used, maintained, 73
advertised, operated as, or held out to the public to be a place 74
where non-transient dwelling units are offered for pay to persons 75
for a minimum stay of more than thirty days. 76

        (5) "Temporary residence" means a dwelling unit accommodation 77
room within a hotel used for non-permanent personal residence by 78
its occupants for a minimum period of thirty-one days and a 79
maximum period of one year. 80

        (6) "Transient" means not more than thirty days. 81

        (7) "Dwelling unit" means an accommodation room within a 82
hotel that contains independent provisions for living, eating, 83
cooking, sleeping, and sanitation. 84

        (8) "SRO facility" means a facility with more than five 85
sleeping rooms that is kept, used, maintained, advertised, or held 86
out to the public as a place where sleeping rooms are offered on a 87
single room occupancy (SRO) basis and that is intended for use as 88
a primary residence for residential guests for a period of more 89
than thirty days. 90

       "SRO facility" does not include agricultural labor camps, 91
apartment houses, lodging houses, rooming houses, or hospital or 92
college dormitories. 93

       ~~(3)~~(9) "Single room occupancy (SRO) basis" means one occupant 94
per room. 95

       (B) This chapter does not apply to apartment buildings and 96
other structures in which all of the units are residential 97
premises. 98

       Sec. 3731.02. (A) The fire marshal shall make such rules as 99
are necessary to carry out ~~sections 3731.01 to 3731.21 of the~~ 100
~~Revised Code~~this chapter. The fire marshal and the fire marshal's 101
assistants shall enforce such sections except as otherwise 102
specified in sections 3731.09, 3731.13, and 3731.21 of the Revised 103
Code. 104

       (B) Except as otherwise provided in this division, the board 105
of building standards shall adopt, pursuant to section 3781.10 of 106
the Revised Code, rules that specify that the building code 107
standards for SRO facilities shall be use group R-2. Any facility 108
operating prior to ~~the effective date of this amendment~~October 109
16, 1996, in the nature of an SRO facility that met the building 110
code standards for an SRO facility prior to that date, whether 111
previously licensed as a hotel or not, and after ~~the effective~~ 112
~~date of this amendment~~October 16, 1996, licensed as an SRO 113
facility under section 3731.03 of the Revised Code, shall be 114
permitted under the rules to have a building code standard of 115
either use group R-1 or use group R-2 if the facility meets the 116
requirements for those use groups as specified in the Ohio 117
building code adopted pursuant to section 3781.10 of the Revised 118
Code. 119

       Sec. 3713.04. (A) Transient hotels may offer extended stay 120
temporary residence guest accommodations within any dwelling units 121
or transient sleeping room with dwelling unit features within the 122
structure if such units or sleeping rooms are specifically 123
constructed and approved as also being dwelling units with 124
provisions for living, eating, cooking, sanitation, and sleeping. 125
A transient or extended stay guestroom shall be approved through a 126
valid certificate of occupancy issued by the building official 127
having jurisdiction. The certificate shall indicate the specific 128
guestrooms within the structure that can be used as dwelling units 129
and such dwelling units shall be approved by the fire marshal for 130
extended stay temporary residence purposes. 131

        (B) Extended stay hotels may offer transient guest 132
accommodations for less than thirty days within any dwelling units 133
or other rooms within the structure if such dwelling units or 134
rooms are specifically constructed and approved as also being 135
transient sleeping rooms. Such transient sleeping rooms shall be 136
approved, through a valid certificate of occupancy issued by the 137
building official having jurisdiction, that indicates the specific 138
rooms within the structure that can be used as transient sleeping 139
rooms and such transient sleeping rooms shall be approved by the 140
fire marshal for transient stay purposes. 141

        (C) All of the requirements for the construction and 142
operation of transient hotels and extended stay hotels, including 143
the provisions applicable to transient sleeping rooms and 144
temporary residence dwelling units, apply to hotels as defined in 145
division (A)(1) of section 3731.01 of the Revised Code with a 146
total number of guestrooms, including transient sleeping rooms or 147
extended stay dwelling units, that is greater than five, but do 148
not apply to residential hotels as defined in division (A)(4) of 149
that section. 150

       Sec. 3731.09. In every hotel and SRO facility in which the 151
person, firm, or corporation operating it is required to have a 152
license, the premises shall be kept in a sanitary condition. The 153
fire marshal or the fire marshal's assistants shall refer all 154
suspected unsanitary conditions to the board of health having 155
jurisdiction in the area in which the hotel or SRO facility is 156
located, and that board of health shall investigate those 157
referrals, take action as necessary to enforce sanitary standards, 158
and cooperate with the fire marshal in the fire marshal's 159
enforcement of the licensing requirements of this chapter. Any 160
violations of sanitary requirements, as determined by that board 161
of health, may be cause for the fire marshal to deny, suspend, or 162
revoke any license issued pursuant to this chapter. As used in 163
this section, "board of health" has the same meaning as in section 164
3717.01 of the Revised Code. 165

       Sec. 3731.12. (A) Every transient hotel and extended stay 166
hotel shall provide in each sleeping room or extended stay 167
temporary residence a bed, bunk, cot, or other furniture designed 168
for sleeping for each guest occupying such accommodations. Every 169
hotel shall provide each bed, bunk, cot, or other sleeping place 170
for the use of transient or extended stay guests with pillow slips 171
and under and top sheets. ~~Such top sheets shall be at least ninety~~ 172
~~inches in length. Such~~All sheets and pillow slips used on any 173
furniture designed for sleeping shall be ~~made of~~ white ~~cotton~~ or 174
~~linen~~off-white in color and shall be washed daily if requested by 175
a guest, and all such sheets and pillow slips, after being used by 176
one guest, shall be washed before being used by another guest. 177

       (B) All extended stay hotels shall provide furniture adequate 178
for living, eating, cooking, sanitation, and sleeping within each 179
dwelling unit. 180

        (C) Except as otherwise specified in division (D) of this 181
section, all residential hotels may, but are not required to, 182
provide furniture adequate for living, eating, cooking, 183
sanitation, and sleeping within each dwelling unit. 184

        (D) All residential hotels, upon request of the dwelling unit 185
guest, shall provide furniture adequate for living, eating, 186
cooking, sanitation, and sleeping within each dwelling unit. 187
Residential hotels may charge appropriate additional fees for the 188
provision of any furniture pursuant to this section. 189

       Sec. 3731.13. All bedding used in any hotel must be 190
thoroughly aired, disinfected, and kept clean. No bedding which is 191
infested with vermin or bedbugs shall be used on any bed in any 192
hotel. All floors, carpets, and equipment in hotels, and all walls 193
and ceilings shall be kept in sanitary condition. The fire marshal 194
or the fire marshal's assistants shall refer all suspected 195
unsanitary conditions to the board of health having jurisdiction 196
in the area in which the hotel is located, and that board of 197
health shall investigate those referrals, take action as necessary 198
to enforce sanitary standards, and cooperate with the fire marshal 199
in the fire marshal's enforcement of the licensing requirements of 200
this chapter. Any violations of sanitary requirements, as 201
determined by that board of health, may be cause for the fire 202
marshal to deny, suspend, or revoke any license issued pursuant to 203
this chapter. As used in this section, "board of health" has the 204
same meaning as in section 3717.01 of the Revised Code. 205

       Sec. 3731.21. The prosecuting attorney of each county shall, 206
~~upon complaint~~at the request of the fire marshal or other person 207
representing ~~him~~the fire marshal, prosecute to termination before 208
any court a proper action or proceeding against any person 209
violating ~~sections 3731.01 to 3731.21, inclusive, of the Revised~~ 210
~~Code~~this chapter. 211

       The prosecuting attorney of each county shall, at the request 212
of the fire marshal, board of health, or other person representing 213
the fire marshal or board of health, prosecute to termination 214
before any court a proper action or proceeding against any person 215
violating the sanitary standards included in this chapter. As used 216
in this section, "board of health" has the same meaning as in 217
section 3717.01 of the Revised Code. 218

       Section 2. That existing sections 3731.01, 3731.02, 3731.09, 219
3731.12, 3731.13, and 3731.21 of the Revised Code are hereby 220
repealed. 221

Section 1. That sections 3731.01, 3731.02, 3731.09, 3731.12,	7
3731.13, and 3731.21 be amended and section 3731.04 of the Revised	8
Code be enacted to read as follows:	9

Sec. 3731.01. (A) As used in ~~sections 3731.01 to 3731.21 of~~	10
~~the Revised Code~~this chapter:	11

~~(a) Any~~a transient hotel, extended stay hotel, or	13
residential hotel.	14

"Hotel" includes any structure consisting of one or more	15
buildings containing any combination of more than five guestrooms	16
that are each approved by the building code official having	17
jurisdiction and the fire marshal as meeting the requirements for	18
transient sleeping rooms or extended stay temporary residence	19
dwelling units, or as having features of such sleeping rooms and	20
dwelling units within the same room, and such structure is	21
specifically constructed, kept, used, maintained, advertised, and	22
held out to the public to be a place where transient sleeping	23
accommodations or temporary residence is offered for pay to	24
persons, but such structure does not otherwise meet the definition	25
of a transient hotel or an extended stay hotel as defined in this	26
section. "Hotel" does not include agricultural labor camps,	27
apartment houses, apartments or other similar places of permanent	28
personal residence, lodging houses, rooming houses, or hospital or	29
college dormitories.	30

(2) "Transient hotel" means any structure consisting of one	31
or more buildings, with more than five sleeping rooms, that is	32
specifically constructed, kept, used, maintained, advertised, or	33
held out to the public to be a place where sleeping accommodations	34
are offered for pay to transient guests for a period of thirty	35
days or less, including, but not limited to, such a structure	36
denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed	37
and breakfast, or inn;	38

(3) "Extended stay hotel" means any structure consisting of	40
one or more buildings, with more than five ~~sleeping rooms~~dwelling	41
units with provisions for living, eating, cooking, sanitation, and	42
sleeping, that is specifically constructed, kept, used,	43
maintained, advertised, and held out to the public to be a place	44
where temporary residence is offered for pay to persons,	45
~~including, but not limited to, an extended stay hotel or extended~~	46
~~stay motel that is specifically constructed, and approved by the~~	47
~~building official having jurisdiction over it and by the fire~~	48
~~marshal, for extended stay temporary residence by persons, and~~	49
~~that contains six or more dwelling units with provision for~~	50
~~living, eating, cooking, sanitation, and sleeping.~~	51

~~"Hotel" does not include agricultural labor camps, apartment~~	52
~~houses, lodging houses, rooming houses, or hospital or college~~	53
~~dormitories.~~	54

~~(2)~~for a minimum stay of more than thirty days and a maximum	55
stay of one year within the dwelling units at the structure, that	56
is approved pursuant to a valid certificate of occupancy issued by	57
the building official having jurisdiction as having all of the	58
required dwelling unit features, and for which such valid	59
certificate of occupancy indicates the specific rooms within the	60
structure that can be used as dwelling units, and that is approved	61
by the fire marshal for extended stay temporary residence	62
purposes.	63

(4) "Residential hotel" means any structure or structures	64
consisting of one or more buildings, with more than five dwelling	65
units, that are specifically constructed and approved through a	66
valid certificate of occupancy issued by the building official	67
having jurisdiction, as having both dwelling unit features for	68
non-transient residence purposes and all of the transient	69
residential occupancy features of a transient hotel in accordance	70
with the residential group R-1 use and occupancy classification	71
adopted by the board of building standards pursuant to Chapter	72
3781. of the Revised Code, and that are kept, used, maintained,	73
advertised, operated as, or held out to the public to be a place	74
where non-transient dwelling units are offered for pay to persons	75
for a minimum stay of more than thirty days.	76

(5) "Temporary residence" means a dwelling unit accommodation	77
room within a hotel used for non-permanent personal residence by	78
its occupants for a minimum period of thirty-one days and a	79
maximum period of one year.	80

(7) "Dwelling unit" means an accommodation room within a	82
hotel that contains independent provisions for living, eating,	83
cooking, sleeping, and sanitation.	84

(8) "SRO facility" means a facility with more than five	85
sleeping rooms that is kept, used, maintained, advertised, or held	86
out to the public as a place where sleeping rooms are offered on a	87
single room occupancy (SRO) basis and that is intended for use as	88
a primary residence for residential guests for a period of more	89
than thirty days.	90

"SRO facility" does not include agricultural labor camps,	91
apartment houses, lodging houses, rooming houses, or hospital or	92
college dormitories.	93

~~(3)~~(9) "Single room occupancy (SRO) basis" means one occupant	94
per room.	95

(B) This chapter does not apply to apartment buildings and	96
other structures in which all of the units are residential	97
premises.	98

Sec. 3731.02. (A) The fire marshal shall make such rules as	99
are necessary to carry out ~~sections 3731.01 to 3731.21 of the~~	100
~~Revised Code~~this chapter. The fire marshal and the fire marshal's	101
assistants shall enforce such sections except as otherwise	102
specified in sections 3731.09, 3731.13, and 3731.21 of the Revised	103
Code.	104

(B) Except as otherwise provided in this division, the board	105
of building standards shall adopt, pursuant to section 3781.10 of	106
the Revised Code, rules that specify that the building code	107
standards for SRO facilities shall be use group R-2. Any facility	108
operating prior to ~~the effective date of this amendment~~October	109
16, 1996, in the nature of an SRO facility that met the building	110
code standards for an SRO facility prior to that date, whether	111
previously licensed as a hotel or not, and after ~~the effective~~	112
~~date of this amendment~~October 16, 1996, licensed as an SRO	113
facility under section 3731.03 of the Revised Code, shall be	114
permitted under the rules to have a building code standard of	115
either use group R-1 or use group R-2 if the facility meets the	116
requirements for those use groups as specified in the Ohio	117
building code adopted pursuant to section 3781.10 of the Revised	118
Code.	119

Sec. 3713.04. (A) Transient hotels may offer extended stay	120
temporary residence guest accommodations within any dwelling units	121
or transient sleeping room with dwelling unit features within the	122
structure if such units or sleeping rooms are specifically	123
constructed and approved as also being dwelling units with	124
provisions for living, eating, cooking, sanitation, and sleeping.	125
A transient or extended stay guestroom shall be approved through a	126
valid certificate of occupancy issued by the building official	127
having jurisdiction. The certificate shall indicate the specific	128
guestrooms within the structure that can be used as dwelling units	129
and such dwelling units shall be approved by the fire marshal for	130
extended stay temporary residence purposes.	131

(B) Extended stay hotels may offer transient guest	132
accommodations for less than thirty days within any dwelling units	133
or other rooms within the structure if such dwelling units or	134
rooms are specifically constructed and approved as also being	135
transient sleeping rooms. Such transient sleeping rooms shall be	136
approved, through a valid certificate of occupancy issued by the	137
building official having jurisdiction, that indicates the specific	138
rooms within the structure that can be used as transient sleeping	139
rooms and such transient sleeping rooms shall be approved by the	140
fire marshal for transient stay purposes.	141

(C) All of the requirements for the construction and	142
operation of transient hotels and extended stay hotels, including	143
the provisions applicable to transient sleeping rooms and	144
temporary residence dwelling units, apply to hotels as defined in	145
division (A)(1) of section 3731.01 of the Revised Code with a	146
total number of guestrooms, including transient sleeping rooms or	147
extended stay dwelling units, that is greater than five, but do	148
not apply to residential hotels as defined in division (A)(4) of	149
that section.	150

Sec. 3731.09. In every hotel and SRO facility in which the	151
person, firm, or corporation operating it is required to have a	152
license, the premises shall be kept in a sanitary condition. The	153
fire marshal or the fire marshal's assistants shall refer all	154
suspected unsanitary conditions to the board of health having	155
jurisdiction in the area in which the hotel or SRO facility is	156
located, and that board of health shall investigate those	157
referrals, take action as necessary to enforce sanitary standards,	158
and cooperate with the fire marshal in the fire marshal's	159
enforcement of the licensing requirements of this chapter. Any	160
violations of sanitary requirements, as determined by that board	161
of health, may be cause for the fire marshal to deny, suspend, or	162
revoke any license issued pursuant to this chapter. As used in	163
this section, "board of health" has the same meaning as in section	164
3717.01 of the Revised Code.	165

Sec. 3731.12. (A) Every transient hotel and extended stay	166
hotel shall provide in each sleeping room or extended stay	167
temporary residence a bed, bunk, cot, or other furniture designed	168
for sleeping for each guest occupying such accommodations. Every	169
hotel shall provide each bed, bunk, cot, or other sleeping place	170
for the use of transient or extended stay guests with pillow slips	171
and under and top sheets. ~~Such top sheets shall be at least ninety~~	172
~~inches in length. Such~~All sheets and pillow slips used on any	173
furniture designed for sleeping shall be ~~made of~~ white ~~cotton~~ or	174
~~linen~~off-white in color and shall be washed daily if requested by	175
a guest, and all such sheets and pillow slips, after being used by	176
one guest, shall be washed before being used by another guest.	177

(B) All extended stay hotels shall provide furniture adequate	178
for living, eating, cooking, sanitation, and sleeping within each	179
dwelling unit.	180

(C) Except as otherwise specified in division (D) of this	181
section, all residential hotels may, but are not required to,	182
provide furniture adequate for living, eating, cooking,	183
sanitation, and sleeping within each dwelling unit.	184

(D) All residential hotels, upon request of the dwelling unit	185
guest, shall provide furniture adequate for living, eating,	186
cooking, sanitation, and sleeping within each dwelling unit.	187
Residential hotels may charge appropriate additional fees for the	188
provision of any furniture pursuant to this section.	189

Sec. 3731.13. All bedding used in any hotel must be	190
thoroughly aired, disinfected, and kept clean. No bedding which is	191
infested with vermin or bedbugs shall be used on any bed in any	192
hotel. All floors, carpets, and equipment in hotels, and all walls	193
and ceilings shall be kept in sanitary condition. The fire marshal	194
or the fire marshal's assistants shall refer all suspected	195
unsanitary conditions to the board of health having jurisdiction	196
in the area in which the hotel is located, and that board of	197
health shall investigate those referrals, take action as necessary	198
to enforce sanitary standards, and cooperate with the fire marshal	199
in the fire marshal's enforcement of the licensing requirements of	200
this chapter. Any violations of sanitary requirements, as	201
determined by that board of health, may be cause for the fire	202
marshal to deny, suspend, or revoke any license issued pursuant to	203
this chapter. As used in this section, "board of health" has the	204
same meaning as in section 3717.01 of the Revised Code.	205

Sec. 3731.21. The prosecuting attorney of each county shall,	206
~~upon complaint~~at the request of the fire marshal or other person	207
representing ~~him~~the fire marshal, prosecute to termination before	208
any court a proper action or proceeding against any person	209
violating ~~sections 3731.01 to 3731.21, inclusive, of the Revised~~	210
~~Code~~this chapter.	211

The prosecuting attorney of each county shall, at the request	212
of the fire marshal, board of health, or other person representing	213
the fire marshal or board of health, prosecute to termination	214
before any court a proper action or proceeding against any person	215
violating the sanitary standards included in this chapter. As used	216
in this section, "board of health" has the same meaning as in	217
section 3717.01 of the Revised Code.	218

Section 2. That existing sections 3731.01, 3731.02, 3731.09,	219
3731.12, 3731.13, and 3731.21 of the Revised Code are hereby	220
repealed.	221