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 |
"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 |
(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 |
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 |
(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 |
(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 |
(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 the | 258 |
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 SRO | 261 |
facility shall not be
issued to the keeper, owner, or lessee of | 262 |
any hotel or SRO
facility where
accommodations for assignation | 263 |
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 agricultural | 268 |
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 been | 273 |
constructed as, and been approved by the building official having | 274 |
jurisdiction over it and by the fire marshal as being, a separate | 275 |
building within the hotel or SRO facility structure in accordance | 276 |
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 |
(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 |
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 |
(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 |
(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 |
(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 making the necessary alterations
or
changes | 522 |
specified in the notification by the state fire marshal
is in | 523 |
violation of this section. | 524 |
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 such | 539 |
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 such | 545 |
notice proves unavailing for the correction of such matter, the | 546 |
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 |
Sec. 3731.11. In all municipal corporationspolitical | 619 |
subdivisions of this state where a system of water works and | 620 |
sewerage is maintained for public use, every hotel and SRO | 621 |
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 |
(F) Within forty-five days after the effective date of this | 673 |
amendment, a hotel shall have at least one room that the hotel | 674 |
holds out as an accessible sleeping room or suite that satisfies | 675 |
the requirements of division (E) of this section. Within five | 676 |
years after the effective date of this amendment, or upon | 677 |
completion of the next major renovation of the hotel, whichever | 678 |
occurs first, a hotel shall completely satisfy the requirements | 679 |
specified in that division. No hotel is required to comply with | 680 |
the requirements of this division or division (E) of this section | 681 |
if a federal standard for the type of bed described in division | 682 |
(E) of this section is adopted and becomes effective. | 683 |
(G) A violation of division (E) or (F) of this section is an | 684 |
unlawful discriminatory practice as described in division (G) of | 685 |
section 4112.02 of the Revised Code. A person who is injured by an | 686 |
alleged violation of division (E) or (F) of this section may file | 687 |
a complaint with the Ohio civil rights commission in accordance | 688 |
with requirements specified in section 4112.05 of the Revised | 689 |
Code. The commission shall follow the procedures specified in that | 690 |
section for complaints filed for violations of division (G) of | 691 |
section 4112.02 of the Revised Code regarding that complaint, | 692 |
except, if the commission determines after a hearing described in | 693 |
division (B) of section 4112.05 of the Revised Code, that a | 694 |
violation has occurred, the commission shall notify the state fire | 695 |
marshal. The state fire marshal, upon receipt of that notice, | 696 |
shall take the action the state fire marshal determines necessary | 697 |
against the owner, keeper, or lessee of that hotel in accordance | 698 |
with sections 3731.05 and 3731.06 of the Revised Code. | 699 |
Sec. 3731.16. The owner or manager of each hotel shall post | 700 |
in a conspicuous
place in each room thereof a card or sign stating | 701 |
the price per day of such
room, and shall file with the state fire | 702 |
marshal a diagram or list showing the price
of each room in the | 703 |
hotel and no advances shall be made in this schedule,
without | 704 |
twenty days' written notice to the state fire marshal. The posted | 705 |
hotel rate
shall reflect the maximum actual rate and include the | 706 |
maximum rate per number
of actual occupants. | 707 |
Sec. 3731.21. The(A) If a health official determines that | 711 |
an
owner, keeper, or lessee has not complied with the | 712 |
requirements
for sanitation specified in sections 3731.09, | 713 |
3731.11, 3731.12,
and 3731.13 of the Revised Code, the health | 714 |
official shall notify
the state fire marshal, and the state fire | 715 |
marshal may take any
action permitted under this chapter that the | 716 |
state fire marshal
determines is appropriate. | 717 |
(B)(1) Except as limited by division (B)(3) of this section, | 718 |
the state fire marshal, or other person representing the
state | 719 |
fire marshal, may file a complaint with the attorney general,
the | 720 |
prosecuting attorney of eachthe county
shall, uponin which the | 721 |
hotel or structure that is the subject of the complaint
of
the | 722 |
fire
marshal or other person
representing him,is located, or | 723 |
both.
Except as
otherwise provided in divisions (B)(2) and (3) | 724 |
of this
section,
upon receipt of
that complaint, the attorney | 725 |
general or
prosecuting
attorney may prosecute to
termination | 726 |
before anythe court of common pleas of the county in
which the | 727 |
hotel or
structure that is the subject of the complaint
is | 728 |
located a
proper action or proceeding against any person | 729 |
violating
sections
3731.01 to 3731.21, inclusive, of the Revised | 730 |
Codethis chapter. | 731 |
Sec. 4745.01. (A) "Standard renewal procedure," as used in | 770 |
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923., | 771 |
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742., | 772 |
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169., | 773 |
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., | 774 |
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., | 775 |
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761., | 776 |
4766.,
4773., and 4775. of the
Revised Code, means the license | 777 |
renewal
procedures specified in
this chapter. | 778 |
(B) "Licensing agency," as used in this chapter, means any | 779 |
department, division, board, section of a board, or other state | 780 |
governmental unit subject to the standard renewal procedure, as | 781 |
defined in this section, and authorized by the Revised Code to | 782 |
issue a license to engage in a specific profession, occupation,
or | 783 |
occupational activity, or to have charge of and operate
certain | 784 |
specified equipment, machinery, or premises. | 785 |
(C) "License," as used in this chapter, means a license, | 786 |
certificate, permit, card, or other authority issued or conferred | 787 |
by a licensing agency by authority of which the licensee has or | 788 |
claims the privilege to engage in the profession, occupation, or | 789 |
occupational activity, or to have control of and operate certain | 790 |
specific equipment, machinery, or premises, over which the | 791 |
licensing agency has jurisdiction. | 792 |
(E) "Renewal" and "renewed," as used in this chapter and
in | 797 |
the chapters of the Revised Code specified in division (A) of
this | 798 |
section, includes the continuing licensing procedure
provided in | 799 |
Chapter 3748. of the Revised Code and
rules adopted under it and | 800 |
in sections 1321.05
and 3921.33 of the Revised Code, and as | 801 |
applied to those
continuing
licenses any reference in this chapter | 802 |
to the date of expiration
of any license shall be construed to | 803 |
mean the due date of the
annual or other fee for the continuing | 804 |
license. | 805 |
Section 2. That existing sections 121.04, 3731.01, 3731.02, | 806 |
3731.03,
3731.04, 3731.05, 3731.06, 3731.11,
3731.12, 3731.16, | 807 |
3731.20, 3731.21, 3731.99, and 4745.01
of the
Revised Code are | 808 |
hereby repealed. | 809 |