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H. B. No. 349 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Hughes, Goyal
Cosponsors:
Representatives Brown, Letson, Huffman, Fende, Driehaus, Distel, Budish, Williams, S., Sayre, Oelslager
A BILL
To amend sections 3731.01 and 3731.04 and to enact
section 3731.17 of the Revised
Code to allow
transient hotels to permit guests to
stay longer
than thirty days and to allow extended
stay
hotels to permit guests to stay longer than
one
year.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3731.01 and 3731.04 be amended and
section 3731.17 of the Revised
Code be enacted to read as
follows:
Sec. 3731.01. (A) As used in this chapter:
(1) "Hotel" means
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 whose stay is primarily transient in nature,
including, but not
limited to, such a structure denoted as a
hotel, motel, motor
hotel, lodge, motor lodge, bed and breakfast,
or inn.
(3) "Extended stay hotel" means any structure consisting of
one or
more buildings, with more than five 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 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 that is used by its occupants for a minimum
period of thirty-one days and a maximum period of one year but is
not used as the permanent or principal residence of its occupants.
(6) "Transient" means not more less 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.
(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. 3731.04. (A)(1) Transient hotels may offer sleeping
accommodations for pay to guests whose stay is primarily transient
in nature, and also allow guests to stay in not more than
thirty-three per cent of the transient sleeping rooms in the hotel
for thirty days or more. In addition,
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.
(2) Notwithstanding division (A)(1) of this section, the
legislative authority of a municipal corporation may adopt an
ordinance or resolution, or a board of township trustees may adopt
a resolution, that prohibits a guest from staying for thirty days
or more in a transient sleeping room that does not have dwelling
unit features included in a transient hotel.
(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. 3731.17. An owner or manager of a hotel shall maintain
a daily register listing each guest and describing the length of
each guest's stay. An owner or manager shall maintain the register
in a manner so that it can be used to determine the number of
consecutive days each guest stays in a room in the hotel. The
owner or manager shall make the register available to the fire
marshal during any inspection of the hotel conducted by the fire
marshal. The owner or manager shall maintain each register for a
period of one year beginning on the first date listed in the
register. At the expiration of that one-year period, the owner or
manager shall begin and maintain a new daily register that
satisfies the requirements described in this section.
Section 2. That existing sections 3731.01 and 3731.04 of the
Revised Code are hereby repealed.
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