As Passed by the House

127th General Assembly
Regular Session
2007-2008
Am. Sub. S. B. No. 237


Senator Schaffer 

Cosponsors: Senators Kearney, Stivers, Amstutz, Carey, Harris, Mason, Mumper, Sawyer, Seitz, Spada, Wilson, Padgett 

Representatives Hughes, Yuko, Szollosi, Slesnick, Bacon, Boyd, Celeste, Chandler, Combs, Domenick, Dyer, Evans, Flowers, Gardner, Gerberry, Goyal, Hagan, J., Heard, Letson, Luckie, Mallory, McGregor, J., Oelslager, Patton, Sayre 

A BILL
To amend sections 121.04, 3731.01, 3731.02, 3731.03, 1
3731.04, 3731.05, 3731.06, 3731.11, 3731.12, 2
3731.16, 3731.20, 3731.21, 3731.99, and 4745.01 3
and to enact sections 1.601 and 3731.041 of the 4
Revised Code to allow transient hotels to 5
permit guests to stay longer than thirty days, 6
to allow extended stay hotels to permit guests 7
to stay longer than one year, to make changes to 8
the law governing SRO facilities, and to make 9
other changes to the Hotel Law.10


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

       Section 1. That sections 121.04, 3731.01, 3731.02, 3731.03, 11
3731.04, 3731.05, 3731.06, 3731.11, 3731.12, 3731.16, 3731.20, 12
3731.21, 3731.99, and 4745.01 be amended and sections 1.601 and 13
3731.041 of the Revised Code be enacted to read as follows:14

       Sec. 1.601. If a statute uses the term "fire marshal" it is 15
referring to the state fire marshal.16

       Sec. 121.04.  Offices are created within the several17
departments as follows:18

       In the department of commerce:19

Commissioner of securities; 20
Superintendent of real estate and professional licensing; 21
Superintendent of financial institutions; 22
Fire State fire marshal; 23
Superintendent of labor and worker safety; 24
Superintendent of liquor control; 25
Superintendent of industrial compliance; 26
Superintendent of unclaimed funds. 27

       In the department of administrative services:28

State architect and engineer; 29
Equal employment opportunity coordinator. 30

       In the department of agriculture:31

       Chiefs of divisions as follows:32

Administration; 33
Animal industry; 34
Dairy; 35
Food safety; 36
Plant industry; 37
Markets; 38
Meat inspection; 39
Consumer analytical laboratory; 40
Amusement ride safety; 41
Enforcement; 42
Weights and measures. 43

       In the department of natural resources:44

       Chiefs of divisions as follows:45

Water; 46
Mineral resources management; 47
Forestry; 48
Natural areas and preserves; 49
Wildlife; 50
Geological survey; 51
Parks and recreation; 52
Watercraft; 53
Recycling and litter prevention; 54
Soil and water conservation; 55
Real estate and land management; 56
Engineering. 57

       In the department of insurance:58

Deputy superintendent of insurance; 59
Assistant superintendent of insurance, technical; 60
Assistant superintendent of insurance, administrative; 61
Assistant superintendent of insurance, research. 62

       Sec. 3731.01. (A) As used in this chapter:63

       (1) "Hotel" means a transient hotel, extended stay hotel, or 64
residential hotel.65

        "Hotel" includes any structure consisting of one or more 66
buildings containing any combination of more than five guestrooms 67
that are each approved by the building code official having 68
jurisdiction and the state fire marshal as meeting the 69
requirements for transient sleeping rooms or extended stay 70
temporary residence dwelling units, or as having features of such 71
sleeping rooms and dwelling units within the same room, and such 72
structure is specifically constructed, kept, used, maintained, 73
advertised, and held out to the public to be a place where 74
transient sleeping accommodations or temporary residence is 75
offered for pay to persons, but such structure does not otherwise 76
meet the definition of a transient hotel or an extended stay 77
hotel as defined in this section. "Hotel" does not include 78
agricultural labor camps, apartment houses, apartments or other 79
similar places of permanent personal residence, lodging houses, 80
rooming houses, or hospital or college dormitories.81

        (2) "Transient hotel" means any structure consisting of one 82
or more buildings, with more than five sleeping rooms, that is 83
specifically constructed, kept, used, maintained, advertised, or 84
held out to the public to be a place where sleeping accommodations 85
are offered for pay to transient guests for a period of thirty 86
days or less, including, but not limited to, such a structure 87
denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed 88
and breakfast, or inn.89

       (3) "Extended stay hotel" means any structure consisting of 90
one or more buildings, with more than five dwelling units with 91
provisions for living, eating, cooking, sanitation, and sleeping, 92
that isand to which all of the following apply:93

       (a) The dwelling units in the structure are specifically 94
constructed, kept, used, maintained, advertised, and held out to 95
the public to be a place where temporary residence is offered for 96
pay to persons for a minimum stay of more than thirty days and a 97
maximum stay of one year within the dwelling units at the 98
structure, that.99

       (b) The structure is approved pursuant to a valid 100
certificate of occupancy issued by the building official having 101
jurisdiction as having alldwelling units that have both of the 102
following types of features:103

       (i) The required dwelling unit features, and for which such104
for non-transient residence purposes in accordance with the 105
residential group R-2 use and occupancy classification adopted by 106
the board of building standards pursuant to section 3781.10 of the 107
Revised Code, or any subsequent classification established by the 108
board that is substantially similar to that classification;109

       (ii) All of the transient residential occupancy features of a 110
transient hotel in accordance with the residential group R-1 use 111
and occupancy classification adopted by the board pursuant to that 112
section, or any subsequent classification established by the board 113
that is substantially similar to that classification.114

       (c) The valid certificate of occupancy indicates the 115
specific rooms within the structure that can be used as dwelling 116
units, and that.117

       (d) The structure is approved by the state fire marshal for 118
extended stay temporary residence purposes.119

        (4) "Residential hotel" means any structure or structures 120
consisting of one or more buildings, with more than five dwelling 121
units, that are specifically constructed and approved through a 122
valid certificate of occupancy issued by the building official 123
having jurisdiction, as having both dwelling unit features for 124
non-transient residence purposes and all of the transient 125
residential occupancy features of a transient hotel in accordance 126
with the residential group R-1 use and occupancy classification 127
adopted by the board of building standards pursuant to Chapter 128
3781. of the Revised Code, and that are kept, used, maintained, 129
advertised, operated as, or held out to the public to be a place 130
where non-transient dwelling units are offered for pay to persons 131
for a minimum stay of more than thirty days.132

        (5) "Temporary residence" means a dwelling unit accommodation 133
room within a hotel that is used by its occupants for a minimum 134
period of thirty-one days and a maximum period of one year but is 135
not used as the permanent or principal residence of its occupants.136

        (6) "Transient" means not more than thirty days.137

        (7) "Dwelling unit" means an accommodation room within a 138
hotel that contains independent provisions for living, eating, 139
cooking, sleeping, and sanitation.140

        (8) "SRO facility" means a facility with more than five141
sleeping rooms that is kept, used, maintained, advertised, or held142
out to the public as a place where sleeping rooms are offered on a143
single room occupancy (SRO) basis and that is intended for use as144
a primary residence for residential guests for a period of more145
than thirty days.146

       "SRO facility" does not include agricultural labor camps,147
apartment houses, lodging houses, rooming houses, or hospital or148
college dormitories.149

       (9) "Single room occupancy (SRO) basis" means one occupant150
per room.151

       (B) This chapter does not apply to apartment buildings and152
other structures in which all of the units are residential153
premises.154

       Sec. 3731.02.  (A) The state fire marshal shall make such 155
rules as are necessary to carry out this chapter, which shall 156
include, but are not limited to, rules establishing requirements 157
to renew a license issued under this chapter and fees for 158
licensure and renewal and for inspections of hotels. TheExcept as 159
provided in division (G) of section 3731.12 of the Revised Code, 160
the state fire marshal and the assistant state fire marshals shall 161
enforce this chapter.162

       (B) Except as otherwise provided in this division and 163
divisions (C) and (D) of this section, the board of building 164
standards shall adopt, pursuant to section 3781.10 of the Revised 165
Code, rules that specify that the building code standards for SRO 166
facilities shall be use group R-2. Any facility operating prior to 167
October 16, 1996, in the nature of an SRO facility that met the 168
building code standards for an SRO facility prior to that date, 169
whether previously licensed as a hotel or not, and after October 170
16, 1996, licensed as an SRO facility under section 3731.03 of 171
the Revised Code, shall be permitted under the rules to have a 172
building code standard of either use group R-1 or use group R-2 173
if the facility meets the requirements for those use groups as 174
specified in the Ohio building code adopted pursuant to section 175
3781.10 of the Revised Code. The requirements of this division 176
apply to an SRO facility that holds a license as an SRO facility 177
on the effective date of this amendment, unless any of the 178
following events occur on or after the effective date of this 179
amendment:180

       (1) The owner of the SRO facility constructs or alters the 181
facility.182

       (2) The owner of the SRO facility surrenders the license 183
issued to that facility.184

       (3) The owner of the SRO facility changes the use or 185
occupancy of that facility.186

       (4) The license issued to that SRO facility under this 187
chapter is revoked or is not renewed.188

       (C) If any of the events described in divisions (B)(1) to (4) 189
of this section occur, the owner of the structure shall comply 190
with division (D) of this section to obtain a new license to 191
operate as an SRO facility.192

       (D) Beginning on the effective date of this amendment, the 193
state fire marshal shall not issue a new license to operate a 194
facility as an SRO facility, and shall not renew such a license 195
issued under this division, unless the SRO facility is constructed 196
providing individual sleeping rooms for each guest; has, on a 197
per-room or a communal basis within each building to be licensed 198
as an SRO facility, permanent provisions for living, eating, 199
cooking, and sanitation; and is constructed in accordance with 200
the requirements specified for SRO facilities and is approved by 201
the building official having jurisdiction over that facility to be 202
an SRO facility. An SRO facility subject to this division shall 203
only operate with, and shall properly maintain, individual 204
sleeping rooms for each guest and shall only operate with, and 205
shall properly maintain, on a per-room or communal basis, 206
permanent provisions available to all guests for living, eating, 207
cooking, and sanitation.208

       Sec. 3731.03.  (A) Every person in the business of conducting 209
a hotel or an SRO facility shall procure, in accordance with the 210
requirements specified in this chapter and the rules adopted 211
pursuant to it, a license for each hotel or SRO facility conducted 212
or proposed to be conducted. No213

       (B) No hotel or SRO facility shall be maintained, conducted, 214
or advertised without a license, and all such. No person shall 215
advertise, conduct, maintain, or operate any structure as a hotel 216
or as an SRO facility without a license, and no person shall 217
operate such a structure that is not equipped in the manner and 218
conditions as required under this chapter. No person shall 219
advertise, conduct, maintain, or operate a licensed hotel or 220
licensed SRO facility in a manner that is inconsistent with the 221
requirements of this chapter or any rules adopted pursuant to it.222

       (C)(1) A structure licensed as an extended stay hotel on the 223
effective date of this amendment may maintain that license by 224
continuing to satisfy the requirements that were applicable to 225
that extended stay hotel at the time the license was issued, 226
unless any of the following events occur regarding that extended 227
stay hotel:228

       (a) The owner of the extended stay hotel constructs or 229
alters the hotel.230

       (b) The owner of the extended stay hotel surrenders the 231
license issued to that hotel.232

       (c) The owner of the extended stay hotel changes the use or 233
occupancy of that hotel.234

       (d) The license issued to that extended stay hotel under this 235
chapter is revoked or is not renewed.236

       (2) If any of the events described in divisions (C)(1)(a) to 237
(d) of this section occur, the owner of the structure shall comply 238
with division (C)(3) of this section to obtain a new license to 239
operate as an extended stay hotel.240

       (3) Beginning on the effective date of this amendment, the 241
state fire marshal shall not issue a new license to operate a 242
facility as an extended stay hotel, and shall not renew such a 243
license issued under division (C)(3) of this section, unless the 244
facility satisfies the requirements to be an extended stay hotel 245
as specified in division (A)(3) of section 3731.01 of the Revised 246
Code.247

       (D) All licenses shall expire on the last day of December of 248
each year and be renewed according toin accordance with the 249
standardrequirements for renewal procedure of sections 4745.01 to250
4745.03established in rules adopted by the state fire marshal 251
pursuant to division (A) of section 3731.02 of the Revised Code. 252
A253

       (E) A person who has received a license, upon the sale or 254
disposition of the hotel or SRO facility or its removal to a new 255
location, may, upon obtaining consent of the state fire marshal, 256
have the license transferred. No license shall be transferred 257
without both an inspection conducted by and the consent of the258
state fire marshal, and the state fire marshal shall not 259
unreasonably withhold consent.260

       (B)(F) A license to maintain and operate a hotel or an SRO261
facility shall not be issued to the keeper, owner, or lessee of262
any hotel or SRO facility where accommodations for assignation263
purposes are furnished, or to any keeper, owner, or lessee who has 264
been convicted of keeping a place in violation of the law relating 265
to houses of assignation or places of public nuisance.266

       (C)(G)(1) No person licensed to maintain and operate a hotel 267
or SRO facility shall also maintain and operate an agricultural268
labor camp, apartment house, apartment, lodging house, rooming 269
house, or hospital or college dormitory in the same structure as 270
is located the licensed hotel or SRO facility, unless the 271
agricultural labor camp, apartment house, apartment, lodging 272
house, rooming house, or hospital or college dormitory has been273
constructed as, and been approved by the building official having274
jurisdiction over it and by the fire marshal as being, a separate275
building within the hotel or SRO facility structure in accordance276
with approvedthe requirements specified in the state 277
nonresidential building separation rated assembliescode adopted 278
pursuant to section 3781.10 of the Revised Code or is separated in 279
a manner that satisfies the requirements for occupancy separation 280
specified in that code.281

       (2) All hotel and SRO facility uses shall continue in282
accordance with their approval under the license issued by the283
state fire marshal unless a change in use or occupancy has been 284
approved by the building official having jurisdiction over the 285
hotel or SRO facility and the license has been revised by the 286
state fire marshal.287

       (D)(H) If an extended stay hotel license is revoked by the 288
state fire marshal in accordance with section 3731.06 of the 289
Revised Code, the owner of that structure shall not operate that 290
structure in accordance with the use and occupancy classification 291
for which the structure was approved or in accordance with the 292
license issued under this chapter by the state fire marshal and 293
shall not open that structure for use by the public until and 294
unless the state fire marshal determines, in accordance with the 295
requirements specified in the state nonresidential building code 296
adopted pursuant to section 3781.10 of the Revised Code and the 297
state fire code adopted pursuant to section 3737.82 of the 298
Revised Code, that it is safe for the structure to be operated. 299
If, after the license is revoked, the owner wishes to operate 300
that structure as a hotel, the owner shall comply with division 301
(D) of section 3731.06 of the Revised Code.302

       (I) A license to maintain and operate an SRO facility shall303
permit the facility to offer rooms for thirty days or less if less304
than fifty per cent of its rooms are occupied for a period of305
thirty days or less.306

       Sec. 3731.04. (A) Transient hotels may offer extended stay 307
temporary residence guest accommodations within any dwelling 308
units or transient sleeping room with dwelling unit features 309
within the structure if such units or sleeping rooms are 310
specifically constructed and approved as also being dwelling 311
units with provisions for living, eating, cooking, sanitation, 312
and sleeping. A transient or extended stay guestroom shall be 313
approved through a valid certificate of occupancy issued by the 314
building official having jurisdiction. The certificate shall 315
indicate the specific guestrooms within the structure that can be 316
used as dwelling units and such dwelling units shall be approved 317
by the state fire marshal for extended stay temporary residence 318
purposes. A transient hotel also may allow a guest to stay in a 319
transient sleeping room for a continuous period of two hundred 320
seventy days or less if the transient hotel satisfies the 321
requirements specified in section 3731.041 of the Revised Code.322

        (B) Extended stay hotels may offer transient guest 323
accommodations for less than thirty days within any dwelling units 324
or other rooms within the structure if such dwelling units or 325
rooms are specifically constructed and approved as also being 326
transient sleeping rooms. Such transient sleeping rooms shall be 327
approved, through a valid certificate of occupancy issued by the 328
building official having jurisdiction, that indicates the specific 329
rooms within the structure that can be used as transient sleeping 330
rooms and such transient sleeping rooms shall be approved by the 331
state fire marshal for transient stay purposes.332

        (C) All of the requirements for the construction and 333
operation of transient hotels and extended stay hotels, including 334
the provisions applicable to transient sleeping rooms and 335
temporary residence dwelling units, apply to hotels as defined in 336
division (A)(1) of section 3731.01 of the Revised Code with a 337
total number of guestrooms, including transient sleeping rooms or 338
extended stay dwelling units, that is greater than five, but do 339
not apply to residential hotels as defined in division (A)(4) of 340
that section.341

       Sec. 3731.041. (A) Notwithstanding division (A)(2) of section 342
3731.01 of the Revised Code, a transient hotel may allow a guest 343
to stay in a transient sleeping room in the hotel for a 344
continuous period of two hundred seventy days or less if all of 345
the following conditions are satisfied:346

       (1) The transient hotel satisfies the requirements of 347
divisions (C) and (D) of this section, as applicable.348

       (2) Not more than forty per cent of the transient sleeping 349
rooms in the hotel are used for guests to stay for a continuous 350
period of two hundred seventy days or less.351

       (3) The transient hotel designates a group of transient 352
sleeping rooms, by room number, that will be used during the time 353
period a license is valid for guests to stay for a continuous 354
period of two hundred seventy days or less, and submits a list of 355
the rooms the transient hotel so designates to the state fire 356
marshal within thirty days prior to the first day that any guest 357
is allowed to stay in any of those rooms for that extended period 358
of time, and every year with the transient hotel's application to 359
renew the transient hotel's license under section 3731.03 of the 360
Revised Code.361

       (4) A quantity of combustible materials stored or used in the 362
transient sleeping room does not exceed the amount of combustible 363
materials acceptable for a light hazard occupancy area as defined 364
and used by the state fire marshal in rules the state fire 365
marshal adopts pursuant to section 3737.82 of the Revised Code.366

       (5) No cooking devices, except for a coffee maker, a 367
microwave oven, or other similar cooking device that is listed as 368
safe for residential use as defined and used by the state fire 369
marshal in rules the state fire marshal adopts pursuant to section 370
3737.82 of the Revised Code and approved by the fire code 371
official having jurisdiction, are stored or used in the transient 372
sleeping room.373

       (B) No transient hotel shall change the designation of the 374
transient sleeping rooms included in the list the transient hotel 375
submits to the state fire marshal pursuant to division (A)(3) of 376
this section during a license year. If the transient hotel submits 377
a list of designated rooms with the transient hotel's application 378
for renewal in accordance with division (A)(3) of this section and 379
does not change the designation of any rooms included on the 380
previous list the transient hotel submitted pursuant to that 381
division, the transient hotel may continue to allow guests to stay 382
in the designated rooms for a continuous period of two hundred 383
seventy days or less without having to obtain approval from the 384
state fire marshal.385

       (C) A transient hotel that permits transient occupancy for a 386
continuous period of two hundred seventy days or less under 387
division (A) of this section shall install, for all portions of 388
the hotel structure that are subject to the requirements of this 389
chapter, and properly maintain, a fire alarm and detection system. 390
The system shall be installed in accordance with requirements 391
specified in the state nonresidential building code established 392
under rules adopted by the board of building standards pursuant to 393
section 3781.10 of the Revised Code and shall be approved by the 394
building official having jurisdiction, and shall be installed in 395
accordance with rules the state fire marshal adopts pursuant to 396
section 3737.82 of the Revised Code and shall be approved by the 397
state fire marshal.398

       At a minimum, a fire alarm and detection system required by 399
this section, as described in the state fire code adopted pursuant 400
to section 3737.82 of the Revised Code, shall include the 401
annunciation of any activated initiating device at a constantly 402
attended location from which the structure's fire alarm system is 403
capable of being manually activated. All other fire alarm and 404
detection system components shall be installed in accordance with 405
the building and fire code provisions in existence and applicable 406
to such installations at the time the owner receives approval for 407
the plans submitted pursuant to this division.408

       The owner of the transient hotel shall submit plans or 409
drawings, specifications, and data prepared for the installation 410
of that system to the building code official having jurisdiction 411
over the transient hotel and the state fire marshal for approval. 412
If the owner of the transient hotel is required to install a 413
system or, if the owner of a transient hotel had installed a 414
system that was approved by the building official having 415
jurisdiction prior to the effective date of this section and is 416
required to alter that system to comply with this division, the 417
owner shall submit those plans or drawings, specifications, and 418
data prior to installing or altering the system. No owner of a 419
transient hotel who is required to install or alter a fire alarm 420
and detection system shall install or alter that system until the 421
plans are approved pursuant to this division. If the owner of the 422
transient hotel wishes to allow guest stays for a continuous 423
period of two hundred seventy days or less and the owner 424
previously has installed a fire alarm and detection system in 425
that transient hotel that satisfies the requirements of this 426
section, the owner shall submit those plans prior to allowing 427
guests to stay in the rooms designated under division (A)(3) of 428
this section. Such an owner shall not permit guests to stay in 429
transient sleeping rooms for a continuous period of two hundred 430
seventy days or less until the plans or drawings, specifications, 431
and data are approved pursuant to this division.432

       The state fire marshal shall conduct a review of the plans 433
for all of the fire alarm and detection systems installed in 434
accordance with this section concurrently with the review 435
conducted by the building code official having jurisdiction and 436
shall conduct that review in accordance with the provisions for 437
such plan reviews as described in the state fire code adopted 438
in accordance with section 3737.82 of the Revised Code. The 439
state fire marshal shall approve or disapprove any plans 440
submitted under this division within thirty days after the date 441
the plans are submitted.442

       If the state fire marshal determines that such plans and 443
systems meet the requirements of this chapter and the fire code 444
adopted in accordance with section 3737.82 of the Revised Code, 445
the state fire marshal, or a designee of the state fire marshal, 446
shall provide written approval of the submitted plans and, if the 447
system is installed in accordance with the state nonresidential 448
building code and the state fire code, shall sign the certificate 449
of occupancy for the structure incorporating the fire alarm and 450
detection system installed in accordance with this section. Such 451
approvals shall be the exclusive method permitted by the state 452
fire code or any other regulations or codes adopted pursuant to 453
section 535.373 or 737.21 of the Revised Code for approval of 454
the fire alarm and detection system required by this section.455

       (D) A transient hotel that is constructed or altered on or 456
after the effective date of this section and that wishes to allow 457
transient occupancy under division (A) of this section shall do 458
all of the following:459

       (1) Satisfy any electrical system requirements for transient 460
occupancy in the transient sleeping rooms to be used under this 461
section;462

       (2) With respect to the installation and maintenance of 463
electrical power and lighting circuits in the transient sleeping 464
rooms to be used under this section, install and maintain only 465
twenty amp or greater electrical power and lighting circuits that 466
satisfy the requirements of the state nonresidential building 467
code;468

       (3) Comply with all other requirements of this section.469

       (E) The provisions of this section apply to all transient 470
hotels electing to allow the extended stays under division (A) of 471
this section in addition to all other nonresidential building and 472
fire code provisions applicable to these structures. Nothing in 473
this section shall be construed to require a hotel in existence on 474
the effective date of this section to install an automatic 475
sprinkler system unless otherwise required by law.476

       Sec. 3731.05.  (A)(1) The state fire marshal shall inspect, 477
prior to issuance or renewal of a license and at any other time 478
necessary, every hotel and SRO facility which comes within 479
sections 3731.01 to 3731.21 of the Revised Code.480

       (2) The state fire marshal shall have the right of entry into481
such hotels and SRO facilities at any reasonable time.482

       (3) Whenever, upon inspection, it is found that such business 483
and property is not being conducted, or is not equipped in the 484
manner and condition required by such sections, the rules adopted 485
pursuant to them, or the state fire code adopted pursuant to 486
section 3737.82 of the Revised Code, the state fire marshal shall 487
notify the owner, proprietor, or agent in charge of such 488
business, or the owner or agent of the building so occupied, of 489
such violations and of any changes or alterations as may be 490
necessary to effect a complete compliance with sections 3731.01 to 491
3731.21 of the Revised Code, the rules adopted pursuant to those 492
sections, or the state fire code adopted pursuant to section 493
3737.82 of the Revised Code.494

       (B)(1) TheUpon receipt of a notice from the state fire 495
marshal under section 3731.06 of the Revised Code or a citation 496
issued by the state fire marshal pursuant to section 3737.41 or 497
3737.42 of the Revised Code, the owner, proprietor, or agent in 498
charge of such business shall makebring the hotel or SRO facility 499
into compliance with the requirements of this chapter, the rules 500
adopted pursuant to it, or the state fire code adopted pursuant 501
to section 3737.82 of the Revised Code, by making such 502
alterations or changes as may be necessary to put such building 503
and premises in a condition of complete compliance within a 504
reasonable time set by the state fire marshal after being notified 505
by the state fire marshal. An owner, proprietor, or agent in 506
charge of a hotel or SRO facility may request the state fire 507
marshal to extend the time period the state fire marshal 508
establishes to allow the owner, proprietor, or agent to accomplish 509
such alterations or changes. The state fire marshal may grant that 510
request if the owner, proprietor, or agent is able to demonstrate 511
that a longer time is necessary to make such alterations or 512
changes to put such building and premises in a condition of 513
complete compliance and that such an extension does not conflict 514
with any conditions imposed by the board of building appeals after 515
a hearing conducted under section 3737.43 or 3781.19 of the 516
Revised Code.517

       (2) Any owner, proprietor, or agent, who knowingly fails to 518
makebring the hotel or SRO facility into compliance with the 519
requirements of this chapter, the rules adopted pursuant to it, 520
or the state fire code adopted pursuant to section 3737.82 of the 521
Revised Code, by not making the necessary alterations or changes 522
specified in the notification by the state fire marshal is in523
violation of this section.524

       (C) Nothing in this chapter shall be construed to limit the 525
authority of the state fire marshal to take any action permitted 526
under sections 3737.41 to 3737.51 of the Revised Code against a 527
hotel or SRO facility in addition to or instead of taking action 528
against the hotel or SRO facility, or the license issued to the 529
hotel or SRO facility under this chapter.530

       Sec. 3731.06. (A) Upon notice and hearing, the state fire 531
marshal may suspend or revoke any license or impose a fine against 532
an owner, proprietor, or agent of a hotel or SRO facility licensed 533
under this chapter for violation of sections 3731.01 to 3731.21 of 534
the Revised Code, the rules adopted pursuant to those sections, or 535
the state fire code adopted pursuant to section 3737.82 of the 536
Revised Code. SuchThe state fire marshal shall impose fines in 537
accordance with the requirements specified in division (E) of this 538
section. The state fire marshal shall not impose a fine, and such539
suspension or revocation shall not take place, until the state 540
fire marshal first notifies such licensee in writing, calling 541
specific attention to the infractions and until, pursuant to 542
section 3731.05 of the Revised Code, a reasonable time and 543
opportunity is given to reform and correct the matter complained 544
of. IfExcept as provided in division (E) of this section, if such545
notice proves unavailing for the correction of such matter, the546
state fire marshal shall then fix a time and place for hearing in 547
accordance with Chapter 119. of the Revised Code. Upon the 548
conclusion of such hearing the state fire marshal may suspend or 549
revoke the license in question, impose a fine against an owner, 550
proprietor, or agent of a hotel or SRO facility licensed under 551
this chapter, or dismiss the proceedings against such licensee.552

       (B) If the state fire marshal refusesproposes to deny or 553
otherwise refuse to grant a license to any person or to permit a 554
license already issued to be transferred, as provided in section 555
3731.03 of the Revised Code, or proposes to revoke a license, the 556
party aggrieved by such decision or refusal shall be heard upon 557
the question as to histhe right of the party aggrieved to such 558
license or to a transfer of the same, which hearing shall be had 559
in accordance with Chapter 119. of the Revised Code. An appeal may 560
be taken from the action of the state fire marshal in failing to 561
issue said license or permit said transfer in accordance with 562
section 119.12 of the Revised Code.563

       (C) If the state fire marshal suspends a hotel or SRO 564
facility license in accordance with this section and Chapter 119. 565
of the Revised Code, the state fire marshal shall suspend that 566
license for a reasonable period of time as may be necessary to 567
allow the owner, proprietor, or agent of the licensed hotel or SRO 568
facility to reform and correct the violation for which the state 569
fire marshal suspended the license, not to exceed one hundred 570
eighty days. The owner, proprietor, or agent of the hotel or SRO 571
facility whose license is suspended shall not operate the facility 572
as a hotel or SRO facility and shall not open that structure for 573
use by the public during the time period that the license is 574
suspended. If, at the expiration of the suspension period the 575
violation has not been reformed or corrected, the license 576
automatically shall be revoked without the taking of any action by 577
the state fire marshal.578

       (D) An operator, proprietor, or agent of a hotel or SRO 579
facility whose license has been revoked by the state fire marshal 580
in accordance with this section and Chapter 119. of the Revised 581
Code may apply for a license in accordance with section 3731.03 of 582
the Revised Code. The state fire marshal shall not issue that 583
operator, proprietor, or agent a new license for a period of one 584
year after the date of revocation, unless the state fire marshal 585
determines that it is appropriate to issue that license at an 586
earlier date. The state fire marshal shall issue that hotel or SRO 587
facility a new license only if the hotel or SRO facility satisfies 588
the applicable requirements for licensure specified in this 589
chapter and in the rules adopted pursuant to it and the operator, 590
proprietor, or agent has corrected the violation for which the 591
state fire marshal revoked the license.592

       (E) If the state fire marshal elects to impose a fine against 593
an owner, proprietor, or agent of a licensed hotel or SRO facility 594
in accordance with this section and Chapter 119. of the Revised 595
Code, the state fire marshal shall not impose that fine until 596
thirty days after the state fire marshal sends the written notice 597
in accordance with division (A) of this section or, if the state 598
fire marshal has given the owner, proprietor, or agent more than 599
thirty days to reform or correct the violation, the expiration of 600
that time period. The state fire marshal may impose a fine against 601
an owner, proprietor, or agent in the following amounts:602

       (1) If, in the opinion of the state fire marshal, the 603
violation is a fire safety issue, two hundred fifty dollars per 604
violation, except that the amount of the fine shall not exceed one 605
thousand dollars per day, regardless of the number of violations.606

       (2) For all other violations of section 3731.08 of the 607
Revised Code, a fine of ten dollars for each violation.608

       The state fire marshal shall deposit all fines the state fire 609
marshal collects under this division into the state fire marshal 610
fund created in section 3737.71 of the Revised Code.611

       (F) If the state fire marshal takes any action against an 612
owner, proprietor, or agent of a licensed hotel or SRO facility 613
pursuant to sections 3737.41 to 3737.51 of the Revised Code, the 614
state fire marshal may take action against the license issued to 615
that hotel or SRO facility that is prompted by or is a result of 616
action taken under sections 3737.41 to 3737.51 of the Revised 617
Code.618

       Sec. 3731.11.  In all municipal corporationspolitical 619
subdivisions of this state where a system of water works and620
sewerage is maintained for public use, every hotel and SRO621
facility shall be equipped with a sufficient number of suitable 622
water closets for the accommodation of its guests, which water 623
closets shall be ventilated and connected by proper plumbing with 624
such sewerage system. All lavatories, bathtubs, sinks, drains,625
closets, and urinals in such hotels and SRO facilities shall be 626
properly constructed and shall be kept clean and well ventilated 627
at all times. Separate compartments shall be furnished for 628
different sexes, each being properly designated.629

       Sec. 3731.12.  (A) Every transient hotel and extended stay 630
hotel shall provide in each sleeping room or extended stay 631
temporary residence a bed, bunk, cot, or other furniture designed 632
for sleeping for each guest occupying such accommodations. Every 633
hotel shall provide each bed, bunk, cot, or other sleeping place 634
for the use of transient or extended stay guests with pillow slips 635
and under and top sheets. All sheets and pillow slips used on any 636
furniture designed for sleeping shall be white or off-white in 637
color and shall be washed daily if requested by a guest, and all 638
such sheets and pillow slips, after being used by one guest, shall 639
be washed before being used by another guest.640

       (B) All extended stay hotels shall provide furniture adequate 641
for living, eating, cooking, sanitation, and sleeping within each 642
dwelling unit.643

        (C) Except as otherwise specified in division (D) of this 644
section, all residential hotels may, but are not required to, 645
provide furniture adequate for living, eating, cooking, 646
sanitation, and sleeping within each dwelling unit.647

       (D) All residential hotels, upon request of the dwelling 648
unit guest, shall provide furniture adequate for living, eating, 649
cooking, sanitation, and sleeping within each dwelling unit. 650
Residential hotels may charge appropriate additional fees for the 651
provision of any furniture pursuant to this section.652

       (E) A hotel shall provide at least one bed of a type that is 653
suitable for use with a portable lift that the guest provides in 654
twenty-five per cent of the total number of rooms that the hotel 655
is required to hold out as accessible sleeping rooms or suites, 656
rounded up to the next whole number. The hotel shall satisfy all 657
of the following requirements with respect to that bed:658

       (1) The space between the underside of at least one of the 659
longest sides of the bed frame and the finished floor shall be at 660
least six and one-half inches, shall extend a depth of at least 661
thirty inches from the edge of that side of the bed toward the 662
center line of the bed, and shall be clear of any obstructions, to 663
provide for clearance for the use of a portable lift.664

       Notwithstanding the requirement that the total depth of space 665
described in this division be clear of any obstructions, the legs 666
of the bed may protrude into that space.667

       (2) The side of the bed described in division (E)(1) of this 668
division shall be separated by at least forty-five inches of space 669
between that side and any obstacle or other major elements of the 670
room, to allow for maneuverability.671

       (F) Within forty-five days after the effective date of this 672
amendment, a hotel shall have at least one room that the hotel 673
holds out as an accessible sleeping room or suite that satisfies 674
the requirements of division (E) of this section. Within five 675
years after the effective date of this amendment, or upon 676
completion of the next major renovation of the hotel, whichever 677
occurs first, a hotel shall completely satisfy the requirements 678
specified in that division. No hotel is required to comply with 679
the requirements of this division or division (E) of this section 680
if a federal standard for the type of bed described in division 681
(E) of this section is adopted and becomes effective.682

       (G) A violation of division (E) or (F) of this section is an 683
unlawful discriminatory practice as described in division (G) of 684
section 4112.02 of the Revised Code. A person who is injured by an 685
alleged violation of division (E) or (F) of this section may file 686
a complaint with the Ohio civil rights commission in accordance 687
with requirements specified in section 4112.05 of the Revised 688
Code. The commission shall follow the procedures specified in that 689
section for complaints filed for violations of division (G) of 690
section 4112.02 of the Revised Code regarding that complaint, 691
except, if the commission determines after a hearing described in 692
division (B) of section 4112.05 of the Revised Code, that a 693
violation has occurred, the commission shall notify the state fire 694
marshal. The state fire marshal, upon receipt of that notice, 695
shall take the action the state fire marshal determines necessary 696
against the owner, keeper, or lessee of that hotel in accordance 697
with sections 3731.05 and 3731.06 of the Revised Code.698

       Sec. 3731.16.  The owner or manager of each hotel shall post 699
in a conspicuous place in each room thereof a card or sign stating 700
the price per day of such room, and shall file with the state fire 701
marshal a diagram or list showing the price of each room in the 702
hotel and no advances shall be made in this schedule, without 703
twenty days' written notice to the state fire marshal. The posted 704
hotel rate shall reflect the maximum actual rate and include the 705
maximum rate per number of actual occupants.706

       Sec. 3731.20.  The state fire marshal or the state fire 707
marshal's assistants shall accept no gift or gratuity in any form 708
from any hotel or SRO facility under penalty of summary dismissal.709

       Sec. 3731.21. The(A) If a health official determines that 710
an owner, keeper, or lessee has not complied with the 711
requirements for sanitation specified in sections 3731.09, 712
3731.11, 3731.12, and 3731.13 of the Revised Code, the health 713
official shall notify the state fire marshal, and the state fire 714
marshal may take any action permitted under this chapter that the 715
state fire marshal determines is appropriate.716

       (B)(1) Except as limited by division (B)(3) of this section, 717
the state fire marshal, or other person representing the state 718
fire marshal, may file a complaint with the attorney general, the719
prosecuting attorney of eachthe county shall, uponin which the 720
hotel or structure that is the subject of the complaint of the 721
fire marshal or other person representing him,is located, or 722
both. Except as otherwise provided in divisions (B)(2) and (3) 723
of this section, upon receipt of that complaint, the attorney 724
general or prosecuting attorney may prosecute to termination725
before anythe court of common pleas of the county in which the 726
hotel or structure that is the subject of the complaint is 727
located a proper action or proceeding against any person 728
violating sections 3731.01 to 3731.21, inclusive, of the Revised 729
Codethis chapter.730

       (2) If the state fire marshal elects to file a complaint with 731
both the attorney general and a county prosecutor, the following 732
circumstances apply, as applicable:733

       (a) If both the attorney general and the county prosecutor 734
determine that the complaint should be prosecuted, the state fire 735
marshal shall do both of the following:736

       (i) Determine which one of those two entities should proceed 737
with the complaint and request that entity to proceed;738

       (ii) Notify the entity not chosen pursuant to division 739
(B)(2)(a)(i) of this section of the state fire marshal's 740
determination and request that entity not to proceed with the 741
complaint.742

       (b) If one of the entities determines, on the merits of the 743
complaint, not to prosecute the complaint, the state fire marshal 744
shall request the other entity not to proceed with the complaint.745

       (c) If one of the entities determines, for reasons other than 746
the merits of the complaint, not to prosecute the complaint, the 747
state fire marshal may request the other entity to proceed with 748
the complaint.749

       (3) If the state fire marshal elects to file a complaint with 750
either the attorney general or a county prosecutor, but not both, 751
the following circumstances apply, as applicable:752

       (a) If the entity with which the state fire marshal files the 753
complaint determines, for reasons other than the merits of the 754
complaint, not to prosecute the complaint, the state fire marshal 755
may file the complaint with the other entity.756

       (b) If the entity with which the state fire marshal files the 757
complaint determines, on the merits of the complaint, not to 758
prosecute the complaint, the state fire marshal shall not file the 759
complaint with the other entity.760

       (C) Nothing in this section shall be construed to prevent 761
the attorney general and prosecuting attorney from collaborating 762
on a prosecution.763

       Sec. 3731.99. (A) Except as provided in division (B) of this764
section, whoever violates section 3731.08 of the Revised Code 765
shall be fined ten dollars.766

       (B) Whoever violates section 3731.03 or 3731.05 of the 767
Revised Code is guilty of a misdemeanor of the first degree.768

       Sec. 4745.01.  (A) "Standard renewal procedure," as used in769
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,770
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742.,771
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169.,772
4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,773
4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,774
4747., 4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 775
4766., 4773., and 4775. of the Revised Code, means the license 776
renewal procedures specified in this chapter.777

       (B) "Licensing agency," as used in this chapter, means any778
department, division, board, section of a board, or other state779
governmental unit subject to the standard renewal procedure, as780
defined in this section, and authorized by the Revised Code to781
issue a license to engage in a specific profession, occupation, or782
occupational activity, or to have charge of and operate certain783
specified equipment, machinery, or premises.784

       (C) "License," as used in this chapter, means a license,785
certificate, permit, card, or other authority issued or conferred786
by a licensing agency by authority of which the licensee has or787
claims the privilege to engage in the profession, occupation, or788
occupational activity, or to have control of and operate certain789
specific equipment, machinery, or premises, over which the790
licensing agency has jurisdiction.791

       (D) "Licensee," as used in this chapter, means either the792
person to whom the license is issued or renewed by a licensing793
agency, or the person, partnership, or corporation at whose794
request the license is issued or renewed.795

       (E) "Renewal" and "renewed," as used in this chapter and in796
the chapters of the Revised Code specified in division (A) of this797
section, includes the continuing licensing procedure provided in798
Chapter 3748. of the Revised Code and rules adopted under it and799
in sections 1321.05 and 3921.33 of the Revised Code, and as800
applied to those continuing licenses any reference in this chapter801
to the date of expiration of any license shall be construed to802
mean the due date of the annual or other fee for the continuing803
license.804

       Section 2. That existing sections 121.04, 3731.01, 3731.02, 805
3731.03, 3731.04, 3731.05, 3731.06, 3731.11, 3731.12, 3731.16, 806
3731.20, 3731.21, 3731.99, and 4745.01 of the Revised Code are 807
hereby repealed.808