As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 291


Representatives Jordan, Carney 

Cosponsors: Representatives Adams, J., Adams, R., Blessing, Boose, Derickson, Gardner, Hackett, Hite, Luckie, Okey, Patten, Phillips, Stebelton, Wagner, Wachtmann, Zehringer 

A BILL
To amend section 3729.05 of the Revised Code to 1
exempt specified entities that operate a fair and 2
hold a license issued under the Vehicle Parks Law 3
from complying with the requirements of that 4
license during the time period when the 5
preparation for, operation of, and dismantling of 6
the fair occurs.7


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

       Section 1. That section 3729.05 of the Revised Code be 8
amended to read as follows:9

       Sec. 3729.05.  (A)(1) On or after the first day of April, but 10
before the first day of May of each year, every person who intends 11
to operate a recreational vehicle park, recreation camp, or 12
combined park-camp shall procure a license to operate the park or 13
camp from the licensor. If the applicable license fee prescribed14
under section 3729.07 of the Revised Code is not received by the15
licensor by the close of business on the last day of April, the16
applicant for the license shall pay a penalty equal to twenty-five 17
per cent of the applicable license fee. The penalty shall 18
accompany the license fee. If the last day of April is not a 19
business day, the penalty attaches upon the close of business on 20
the next business day.21

       (2) Every person who intends to operate a temporary park-camp 22
shall obtain a license to operate the temporary park-camp from the 23
licensor at any time before the person begins operation of the 24
temporary park-camp during the calendar year.25

       (3) No recreational vehicle park, recreation camp, combined 26
park-camp, or temporary park-camp shall be maintained or operated 27
in this state without a license. However, no person who neither 28
intends to receive nor receives anything of value arising from the 29
use of, or the sale of goods or services in connection with the 30
use of, a recreational vehicle park, recreation camp, combined 31
park-camp, or temporary park-camp is required to procure a license 32
under this division. If any health hazard exists at such an 33
unlicensed park, camp, or park-camp, the health hazard shall be 34
corrected in a manner consistent with the appropriate rule adopted 35
under division (A) or (B) of section 3729.02 of the Revised Code.36

       (4) No person who has received a license under division 37
(A)(1) of this section, upon the sale or disposition of the 38
recreational vehicle park, recreation camp, or combined park-camp, 39
may have the license transferred to the new operator. A person 40
shall obtain a separate license to operate each recreational 41
vehicle park, recreation camp, or combined park-camp. No license 42
to operate a temporary park-camp shall be transferred. A person 43
shall obtain a separate license for each temporary park-camp that 44
the person intends to operate, and the license shall be valid for 45
a period of not longer than seven consecutive days. A person who 46
operates a temporary park-camp on a tract of land for more than 47
twenty-one days or parts thereof in a calendar year shall obtain a 48
license to operate a recreational vehicle park, recreation camp, 49
or combined park-camp.50

       (B)(1) Before a license is initially issued under division 51
(A)(1) of this section and annually thereafter, or more often if 52
necessary, the licensor shall cause each recreational vehicle 53
park, recreation camp, or combined park-camp to be inspected to 54
determine compliance with this chapter and rules adopted under it. 55
A record shall be made of each inspection on a form prescribed by 56
the director of health.57

       (2) When a license is initially issued under division (A)(2) 58
of this section, and more often if necessary, the licensor shall 59
cause each temporary park-camp to be inspected to determine 60
compliance with this chapter and rules adopted under it during the 61
period that the temporary park-camp is in operation. A record 62
shall be made of each inspection on a form prescribed by the 63
director.64

       (C) Each person applying for an initial license to operate a 65
recreational vehicle park, recreation camp, combined park-camp, or 66
temporary park-camp shall provide acceptable proof to the 67
director, or to the licensor in the case of a temporary park-camp, 68
that adequate fire protection will be provided and that applicable 69
fire codes will be adhered to in the construction and operation of 70
the park, camp, or park-camp.71

       (D) Any person that operates a county or state fair or any72
independent agricultural society organized pursuant to section73
1711.02 of the Revised Code that operates a fair shall not be74
required to obtain a license under this chapter if recreational 75
vehicles, portable camping units, or any combination of them are 76
parked at the site of the fair only during the time of preparation 77
for, operation of, and dismantling of the fair and if the 78
recreational vehicles, portable camping units, or any combination 79
of them belong to participants in the fair.80

       (E) The following entities that operate a fair and that hold 81
a license issued under this chapter are not required to comply 82
with the requirements normally imposed on a licensee under this 83
chapter and rules adopted under it during the time of preparation 84
for, operation of, and dismantling of the fair:85

       (1) A county agricultural society organized pursuant to 86
section 1711.01 of the Revised Code;87

       (2) An independent agricultural society organized pursuant to 88
section 1711.02 of the Revised Code;89

       (3) The Ohio expositions commission.90

       Section 2. That existing section 3729.05 of the Revised Code 91
is hereby repealed.92