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

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

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

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

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

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

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

(b) Any.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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