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(127th General Assembly)
(Amended Substitute Senate Bill Number 237)
AN ACT
To amend sections 121.04, 3731.01, 3731.02, 3731.03,
3731.04,
3731.05, 3731.06, 3731.11, 3731.12,
3731.16, 3731.20, 3731.21, 3731.99, and 4745.01
and to enact sections 1.601 and 3731.041 of
the
Revised
Code to allow
transient hotels to
permit guests to
stay longer
than thirty days,
to allow extended
stay
hotels to permit
guests
to stay longer than
one
year, to make changes to
the law governing SRO facilities, and to make
other changes to the Hotel Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.04, 3731.01, 3731.02, 3731.03,
3731.04,
3731.05, 3731.06, 3731.11, 3731.12, 3731.16, 3731.20,
3731.21, 3731.99, and 4745.01 be
amended and sections 1.601 and
3731.041 of the
Revised Code be enacted to
read as follows:
Sec. 1.601. If a statute uses the term "fire marshal" it is
referring to the state fire marshal.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
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Superintendent of real estate and professional licensing; |
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Superintendent of financial institutions; |
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Fire State fire marshal; |
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Superintendent of labor and worker safety; |
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Superintendent of liquor control; |
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Superintendent of industrial compliance; |
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Superintendent of unclaimed funds. |
In the department of administrative services:
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State architect and engineer; |
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Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry; |
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Dairy; |
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Food safety; |
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Plant industry; |
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Markets; |
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Meat inspection; |
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Consumer analytical laboratory; |
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Amusement ride safety; |
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Enforcement; |
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Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
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Water; |
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Mineral resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Soil and water conservation; |
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Real estate and land management; |
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Engineering. |
In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance,
administrative; |
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Assistant superintendent of insurance, research. |
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 state 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.
(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 and to which all of the following apply:
(a) The dwelling units in the structure are 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.
(b) The structure is approved
pursuant to a valid
certificate of occupancy issued by the
building official having
jurisdiction as having all dwelling units that have both of the
following types of features:
(i) The required dwelling unit features, and for which such
for non-transient residence purposes in accordance with the
residential group R-2 use and occupancy classification adopted by
the board of building standards pursuant to section 3781.10 of the
Revised Code, or any subsequent classification established by the
board that is substantially similar to that classification;
(ii) 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 pursuant to that
section, or any subsequent classification established by the board
that is substantially similar to that classification.
(c) The valid
certificate of occupancy indicates the
specific rooms within the
structure that can be used as dwelling
units, and that.
(d) The structure is approved
by the state 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 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. 3731.02. (A) The state fire marshal shall make such
rules as are
necessary to
carry out this chapter, which shall
include, but are not limited to, rules establishing requirements
to renew a license issued under this chapter and fees for
licensure and renewal and for inspections of hotels. The Except as
provided in division (G) of section 3731.12 of the Revised Code,
the state fire marshal
and the assistant state fire marshals shall
enforce this chapter.
(B) Except as otherwise provided in this division and
divisions (C) and (D) of this section, 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
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 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. The requirements of this
division
apply to an SRO facility that holds a license as an SRO
facility
on the effective date of this amendment, unless any of
the
following events occur on or after the effective date of this
amendment:
(1) The owner of the SRO facility constructs or alters the
facility.
(2) The owner of the SRO facility surrenders the license
issued to that facility.
(3) The owner of the SRO facility changes the use or
occupancy of that facility.
(4) The license issued to that SRO facility under this
chapter is revoked or is not renewed.
(C) If any of the events described in divisions (B)(1) to (4)
of this section occur, the owner of the structure shall comply
with division (D) of this section to obtain a new license to
operate as an SRO facility.
(D) Beginning on the effective date of this amendment, the
state fire marshal shall not issue a new license to operate a
facility as an SRO facility, and shall not renew such a license
issued under this division, unless the SRO facility is constructed
providing individual
sleeping rooms for each guest; has, on a
per-room or a communal
basis within each building to be licensed
as an SRO facility,
permanent provisions for living, eating,
cooking, and sanitation;
and is constructed in accordance with
the requirements specified for SRO facilities and is approved by
the building official having jurisdiction over that facility to be
an SRO facility. An SRO facility subject to this division shall
only operate with, and shall properly maintain,
individual
sleeping rooms for each guest and shall only operate
with, and
shall properly maintain, on a per-room or communal basis,
permanent
provisions available to all guests for living, eating,
cooking,
and sanitation.
Sec. 3731.03. (A) Every person in the business of
conducting
a
hotel or an SRO facility shall procure, in accordance with the
requirements specified in this chapter and the rules adopted
pursuant to it, a license for
each
hotel or SRO facility conducted
or
proposed to be conducted.
No
(B) No hotel or SRO facility shall be
maintained,
conducted,
or
advertised without a license, and all such. No person shall
advertise, conduct, maintain, or operate any structure as a hotel
or as an SRO facility without a license, and no person shall
operate such a structure that is not equipped in the manner and
conditions as required under this chapter. No person shall
advertise, conduct, maintain, or operate a licensed hotel or
licensed SRO facility in a manner that is inconsistent with the
requirements of this chapter or any rules adopted pursuant to it.
(C)(1) A structure licensed as an extended stay hotel on the
effective date of this amendment may maintain that license by
continuing to satisfy the requirements that were applicable to
that extended stay hotel at the time the license was issued,
unless any of the following events occur regarding that extended
stay hotel:
(a) The owner of the extended stay hotel constructs or
alters the hotel.
(b) The owner of the extended stay hotel surrenders the
license issued to that hotel.
(c) The owner of the extended stay hotel changes the use or
occupancy of that hotel.
(d) The license issued to that extended stay hotel under this
chapter is revoked or is not renewed.
(2) If any of the events described in divisions (C)(1)(a) to
(d) of this section occur, the owner of the structure shall comply
with division (C)(3) of this section to obtain a new license to
operate as an extended stay hotel.
(3) Beginning on the effective date of this amendment, the
state
fire marshal shall not issue a new license to operate a
facility
as an extended stay hotel, and shall not renew such a
license
issued under division (C)(3) of this section, unless the
facility
satisfies the requirements to be an extended stay hotel
as
specified in division (A)(3) of section 3731.01 of the Revised
Code.
(D) All licenses
shall expire
on the last day of December of
each year and
be renewed
according to in accordance with the
standard requirements for renewal procedure of
sections 4745.01 to
4745.03
established in rules adopted by the state
fire marshal
pursuant to division (A) of section 3731.02 of the
Revised Code.
A
(E) A person who
has received a license,
upon the sale or
disposition of the hotel or
SRO facility
or
its removal to a new
location, may, upon obtaining consent of
the
state fire marshal,
have the license transferred. No license shall
be
transferred
without both an inspection conducted by and the consent of the
state
fire marshal, and the state fire marshal shall not
unreasonably
withhold consent.
(B)(F) A license to maintain and operate a hotel or an SRO
facility shall not be
issued to the keeper, owner, or lessee of
any hotel or SRO
facility where
accommodations for assignation
purposes are furnished,
or to any
keeper, owner, or lessee who
has
been convicted of keeping a
place in violation of the law
relating
to houses of assignation
or places of public nuisance.
(C)(G)(1) No person licensed to maintain and operate a hotel
or
SRO facility
shall
also maintain and operate
an agricultural
labor
camp, apartment
house, apartment, lodging
house,
rooming
house, or hospital or college
dormitory
in the same
structure as
is located
the licensed
hotel or SRO facility, unless
the
agricultural labor camp, apartment house, apartment, lodging
house,
rooming house, or hospital or college dormitory has been
constructed as, and been approved by the building official having
jurisdiction over it and by the fire marshal as being, a separate
building within the hotel or SRO facility structure in accordance
with approved the requirements specified in the state
nonresidential building separation rated assemblies code adopted
pursuant to section 3781.10 of the Revised Code or is separated in
a manner that satisfies the requirements for occupancy separation
specified in that code.
(2) All hotel and SRO facility uses shall continue in
accordance with their approval under the license issued by the
state fire marshal unless a change in use or occupancy has been
approved by the
building official having jurisdiction over the
hotel or SRO
facility and the license has been revised by the
state fire marshal.
(D)(H) If an extended stay hotel license is revoked by the
state fire
marshal in accordance with section 3731.06 of the
Revised Code,
the owner of that structure shall not operate that
structure in
accordance with the use and occupancy classification
for which the
structure was approved or in accordance with the
license issued under this chapter by the state fire marshal and
shall not open that structure for use
by the public until and
unless the state fire marshal
determines, in
accordance with the
requirements specified in the state
nonresidential building code
adopted pursuant to section 3781.10
of the Revised Code and the
state fire code adopted pursuant to
section 3737.82 of the
Revised Code, that it is safe for the
structure to be operated.
If, after the license
is revoked, the owner wishes
to operate
that structure as a
hotel, the owner shall comply with
division
(D) of section
3731.06 of the Revised Code.
(I) A license to maintain and operate an SRO facility
shall
permit the facility to offer rooms for thirty days or less if less
than
fifty per cent of its rooms are occupied for a period of
thirty days or less.
Sec. 3731.04. (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 state fire marshal for extended stay
temporary residence
purposes. A transient hotel also may allow a guest to stay in a
transient sleeping room for a continuous period of two hundred
seventy days or less if the transient hotel satisfies the
requirements specified in section 3731.041 of the Revised Code.
(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
state
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. 3731.041. (A) Notwithstanding division (A)(2) of section
3731.01 of the Revised Code, a transient
hotel may allow a guest
to stay in a transient sleeping room in
the hotel for a
continuous period of two hundred seventy days or less if all of
the following conditions are satisfied:
(1) The transient hotel satisfies the requirements of
divisions (C) and (D) of this section, as applicable.
(2) Not more than forty per cent of the transient sleeping
rooms in the hotel are used for guests to stay for a continuous
period of two hundred seventy days or less.
(3) The transient hotel designates a group of transient
sleeping rooms, by room number, that will be used during the time
period a license is valid for guests to stay for a continuous
period of two hundred seventy days or less, and submits a list of
the rooms the transient hotel so designates to the state fire
marshal within thirty days prior to the first day that any guest
is
allowed to stay in any of those rooms for that extended period
of
time, and every year with the transient hotel's application to
renew the transient hotel's license under section 3731.03 of the
Revised Code.
(4) A quantity of combustible materials stored or used in the
transient sleeping room does not exceed the
amount of combustible
materials acceptable for a light hazard
occupancy area as defined
and used by the state fire marshal in rules the state fire
marshal
adopts pursuant to section 3737.82 of the
Revised Code.
(5) No cooking devices, except for a coffee maker, a
microwave oven, or other similar cooking device that is listed as
safe for residential use as defined and used by the state fire
marshal in rules the state fire marshal adopts pursuant to section
3737.82 of the
Revised Code and approved by the fire code
official having jurisdiction, are stored or used in the transient
sleeping room.
(B) No transient hotel shall change the designation of the
transient sleeping rooms included in the list the transient hotel
submits to the state fire marshal pursuant to division (A)(3) of
this section during a license year. If the transient hotel submits
a list of designated rooms with the transient hotel's application
for renewal in accordance with division (A)(3) of this section and
does not change the designation of any rooms included on the
previous list the transient hotel submitted pursuant to that
division, the transient hotel may continue to allow guests to stay
in the designated rooms for a continuous period of two hundred
seventy days or less without having to obtain approval from the
state fire marshal.
(C) A transient hotel that permits transient occupancy for a
continuous period of two hundred seventy days or less under
division (A) of this section shall install, for all portions of
the hotel structure that are subject to the requirements of this
chapter, and properly maintain, a fire alarm and detection system.
The system shall be installed in accordance with requirements
specified in the state nonresidential building code established
under rules adopted by the board of building standards pursuant to
section 3781.10 of the Revised Code and shall be approved by the
building official having jurisdiction, and shall be installed in
accordance with rules the state fire marshal adopts pursuant to
section 3737.82 of the Revised Code and shall be approved by the
state fire marshal.
At a minimum, a fire alarm and detection system required by
this section, as described in the state fire code adopted pursuant
to section 3737.82 of the Revised Code, shall include the
annunciation of any activated initiating device at a
constantly
attended location from which the structure's fire alarm
system is
capable of being manually activated. All other fire
alarm and
detection system components shall be installed in
accordance with
the building and fire code provisions in existence
and applicable
to such installations at the time the owner
receives approval for
the plans submitted pursuant to this
division.
The owner of the transient hotel shall submit plans or
drawings, specifications, and data prepared for the installation
of that system to the building code official having jurisdiction
over the transient hotel and the state fire marshal for approval.
If the owner of the transient hotel is required to install a
system or, if the owner of a transient hotel had installed a
system that was
approved by the building official having
jurisdiction prior to the
effective date of this section and is
required to alter that system to comply with this division, the
owner shall submit those plans
or drawings, specifications, and
data prior to installing or
altering the system. No owner of a
transient hotel who is required to install or alter a fire alarm
and detection system shall install or alter that system until the
plans are approved pursuant to this division. If the owner of the
transient
hotel wishes to allow guest stays for a continuous
period of two hundred seventy days or less and the owner
previously has installed a fire alarm and
detection system in
that transient hotel that satisfies the
requirements of this
section,
the owner shall submit those plans
prior to allowing
guests to
stay in the rooms designated under
division (A)(3) of
this
section. Such an owner shall not permit guests to stay in
transient sleeping rooms for a continuous period of two hundred
seventy days or less until the plans or drawings, specifications,
and data are approved pursuant to this division.
The state fire
marshal shall
conduct a review of the
plans
for all of the fire
alarm and
detection systems installed in
accordance with this
section concurrently
with the review
conducted by the building
code official having
jurisdiction and
shall conduct that review
in
accordance with the
provisions for
such plan reviews as
described
in the state fire
code adopted
in accordance with
section 3737.82
of the Revised
Code. The
state fire marshal
shall approve or disapprove any plans
submitted under this
division within thirty days after the date
the plans are
submitted.
If the state fire marshal determines that
such plans and
systems meet the requirements of this chapter and
the fire code
adopted in accordance with section 3737.82 of the
Revised Code,
the state fire marshal, or a designee of the state
fire marshal,
shall provide written approval of the submitted
plans and, if the
system is installed in accordance with the state nonresidential
building code and the state fire code, shall
sign the certificate
of occupancy for the
structure incorporating
the fire alarm and
detection system
installed in accordance with
this section. Such
approvals shall be
the exclusive method
permitted by the state
fire code or any other
regulations or
codes adopted pursuant to
section 535.373 or 737.21
of the
Revised Code for approval of
the fire alarm and detection
system
required by this section.
(D) A transient hotel that is constructed or altered on or
after
the effective date of this section and that wishes to allow
transient occupancy under division (A) of this section shall do
all of the following:
(1) Satisfy any electrical system requirements for transient
occupancy in the transient sleeping rooms to be used under this
section;
(2) With respect to the installation and maintenance of
electrical power and lighting circuits in the transient sleeping
rooms to be used under this section, install and maintain only
twenty amp or greater electrical power and lighting circuits that
satisfy the
requirements of the state nonresidential building
code;
(3) Comply with all other requirements of this section.
(E) The provisions of this section apply to all transient
hotels electing to allow the extended stays under division (A) of
this section in addition to all other nonresidential building and
fire code provisions applicable to these structures. Nothing in
this section shall be construed to require a hotel in existence on
the effective date of this section to install an automatic
sprinkler system unless otherwise required by law.
Sec. 3731.05. (A)(1) The state fire marshal shall inspect,
prior to
issuance or renewal of a license and at any other time
necessary,
every hotel and SRO facility which comes within
sections
3731.01 to 3731.21 of the
Revised Code.
(2) The state fire marshal shall have the right of entry into
such hotels and SRO facilities at any reasonable time.
(3) Whenever, upon inspection,
it is found that such business
and property is not being
conducted, or is not equipped in the
manner and condition
required by such sections, the rules
adopted
pursuant to them, or the state fire code adopted pursuant
to
section 3737.82 of the Revised Code, the state fire marshal
shall
notify
the owner, proprietor, or agent in charge of such
business, or
the owner or agent of the building so occupied, of
such violations and of any changes
or alterations as may be
necessary to effect a complete
compliance with sections 3731.01 to
3731.21 of the Revised Code, the rules adopted pursuant to
those
sections,
or the state fire code adopted pursuant to section
3737.82 of the
Revised Code.
(B)(1) The Upon receipt of a notice from the state fire
marshal under section 3731.06 of the Revised Code or a citation
issued by the state fire marshal pursuant to section 3737.41 or
3737.42 of the Revised Code, the owner, proprietor, or agent in
charge of such
business shall make bring the hotel or SRO facility
into compliance with the requirements of this chapter, the
rules
adopted pursuant to it, or the state fire code adopted
pursuant
to section 3737.82 of the Revised Code, by making such
alterations or changes as may be
necessary to put such building
and premises in a condition of
complete compliance within a
reasonable time set by the state fire marshal
after being notified
by the state fire marshal. An owner, proprietor, or agent in
charge of a hotel or SRO facility may request the state fire
marshal to extend the time period the state fire marshal
establishes to allow the owner, proprietor, or agent to accomplish
such alterations or changes. The state fire marshal may grant that
request if the owner, proprietor, or agent is able to demonstrate
that a longer time is necessary to make such alterations or
changes to put such building and premises in a condition of
complete compliance and that such an extension does not conflict
with any conditions imposed by the board of building appeals after
a hearing conducted under section 3737.43 or 3781.19 of the
Revised Code.
(2) Any owner, proprietor, or
agent, who knowingly fails to
make bring the hotel or SRO facility into compliance
with the
requirements of this chapter, the rules adopted
pursuant to it,
or the state fire code adopted pursuant to section
3737.82 of the
Revised Code, by not making the necessary alterations
or
changes
specified in the notification by the state fire marshal
is in
violation of this section.
(C) Nothing in this chapter shall be construed to limit the
authority of the state fire marshal to take any action permitted
under sections 3737.41 to 3737.51 of the Revised Code against a
hotel or SRO facility in addition to or instead of taking action
against the hotel or SRO facility, or the license issued to the
hotel or SRO facility under this chapter.
Sec. 3731.06. (A) Upon notice and hearing, the state fire
marshal
may suspend or revoke any license or impose a fine against
an owner, proprietor, or agent of a hotel or SRO facility licensed
under this chapter for violation of sections
3731.01 to 3731.21 of
the Revised Code, the rules adopted pursuant to those sections, or
the state fire code
adopted pursuant to section 3737.82 of the
Revised Code. Such The state fire marshal shall impose fines in
accordance with the requirements specified in division (E) of this
section. The state fire marshal shall not impose a fine, and such
suspension or revocation shall not take place, until the state
fire marshal
first notifies such licensee in writing, calling
specific
attention to the infractions and until, pursuant to
section
3731.05 of the Revised Code, a reasonable time and
opportunity is
given to reform and correct the matter complained
of. If Except as provided in division (E) of this section, if such
notice proves unavailing for the correction of such matter, the
state fire marshal shall then fix a time and place for hearing in
accordance
with Chapter 119. of the Revised Code. Upon the
conclusion of
such hearing the state fire marshal may suspend or
revoke the license in
question, impose a fine against an owner,
proprietor, or agent of a hotel or SRO facility licensed under
this chapter, or dismiss the proceedings against such licensee.
(B) If the state fire marshal refuses proposes to deny or
otherwise refuse to grant a license to any person or
to permit a
license already issued to be transferred, as provided
in section
3731.03 of the Revised Code, or proposes to revoke a license, the
party aggrieved by
such decision or refusal shall be heard upon
the question as to
his the right of the party aggrieved to such
license or
to a transfer of the same, which
hearing shall be had
in accordance with Chapter 119. of the
Revised Code. An appeal may
be taken from the action of the
state fire marshal in failing to
issue said license or permit said transfer
in accordance with
section 119.12 of the Revised Code.
(C) If the state fire marshal suspends a hotel or SRO
facility license in accordance with this section and Chapter 119.
of the Revised Code, the state fire marshal shall suspend that
license for a reasonable period of time as may be necessary to
allow the owner, proprietor, or agent of the licensed hotel or SRO
facility to reform and correct the violation for which the state
fire marshal suspended the license, not to exceed one hundred
eighty days. The owner, proprietor, or agent of the hotel or SRO
facility whose license is suspended shall not operate the facility
as a hotel or SRO facility and shall not open that structure for
use by the public during the time period that the license
is
suspended. If, at the expiration of the suspension period the
violation has not been reformed or corrected, the license
automatically shall be revoked without the taking of any action by
the state fire marshal.
(D) An operator, proprietor, or agent of a hotel or SRO
facility whose license has been revoked by the state fire marshal
in accordance with this section and Chapter 119. of the Revised
Code may apply for a license in accordance with section 3731.03 of
the Revised Code. The state fire marshal shall not issue that
operator, proprietor, or agent a new license for a period of one
year after the date of revocation, unless the state fire marshal
determines that it is appropriate to issue that license at an
earlier date. The state fire marshal shall issue that hotel or SRO
facility a new license only if the hotel or SRO facility satisfies
the applicable requirements for licensure specified in this
chapter and in the rules adopted pursuant to it and the operator,
proprietor, or agent has corrected the violation for which the
state fire marshal revoked the license.
(E) If the state fire marshal elects to impose a fine against
an owner, proprietor, or agent of a licensed hotel or SRO facility
in accordance with this section and Chapter 119. of the Revised
Code, the state fire marshal shall not impose that fine until
thirty days after the state fire marshal sends the written notice
in accordance with division (A) of this section or, if the state
fire marshal has given the owner, proprietor, or agent more than
thirty days to reform or correct the violation, the expiration of
that time period. The state fire marshal may impose a fine against
an owner,
proprietor, or agent in the following amounts:
(1) If, in the opinion of the state fire marshal, the
violation is a fire safety issue, two hundred fifty dollars per
violation, except that the amount of the fine shall not exceed one
thousand dollars per day, regardless of the number of violations.
(2) For all other violations of section 3731.08 of the
Revised Code, a fine of ten dollars for each violation.
The state fire marshal shall deposit all fines the state fire
marshal collects under this division into the state fire marshal
fund created in section 3737.71 of the Revised Code.
(F) If the state fire marshal takes any action against an
owner, proprietor, or agent of a licensed hotel or SRO facility
pursuant to sections 3737.41 to 3737.51 of the Revised
Code, the
state fire marshal may take action against the license issued to
that hotel or SRO facility that is prompted by or is a result of
action taken under sections 3737.41 to 3737.51 of the Revised
Code.
Sec. 3731.11. In all municipal corporations political
subdivisions of this state where a system of water works and
sewerage is maintained for public use, every hotel and SRO
facility shall be equipped with a
sufficient number of suitable
water closets for the accommodation of its
guests, which water
closets shall be ventilated and connected by proper
plumbing with
such sewerage system. All lavatories, bathtubs, sinks, drains,
closets, and urinals in such hotels and SRO facilities shall
be
properly constructed and shall be
kept clean and well ventilated
at all times. Separate compartments shall be
furnished for
different sexes, each being properly designated.
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. All
sheets and pillow slips used on any
furniture designed for sleeping shall be white or 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.
(E) A hotel shall provide at least one bed of a type that is
suitable for use with a portable lift that the guest provides in
twenty-five per cent of the total number of rooms that the hotel
is required to hold out as accessible sleeping rooms or suites,
rounded up to the next whole number. The
hotel shall satisfy all
of the following requirements with respect
to that bed:
(1) The space between the underside of at least one of the
longest sides of the bed frame and the finished floor shall be at
least six and one-half inches, shall extend a depth of at least
thirty inches from the edge of that side of the bed toward the
center line of the bed, and shall be clear of any obstructions, to
provide for clearance for the use of a portable lift.
Notwithstanding the requirement that the total depth of space
described in this division be clear of any obstructions, the legs
of the bed may protrude into that space.
(2) The side of the bed described in division (E)(1) of this
division shall be separated by at least forty-five inches of space
between that side and any obstacle or other major elements of the
room, to allow for maneuverability.
(F) Within forty-five days after the effective date of this
amendment, a hotel shall have at least one room that the hotel
holds out as an accessible sleeping room or suite that satisfies
the requirements of division (E) of this section. Within five
years after the effective date of this amendment, or upon
completion of the next major renovation of the hotel, whichever
occurs first, a hotel shall completely satisfy the requirements
specified in that division. No hotel is required to comply with
the requirements of this division or division (E) of this section
if a federal standard for the type of bed described in division
(E) of this section is adopted and becomes effective.
(G) A violation of division (E) or (F) of this section is an
unlawful discriminatory practice as described in division (G) of
section 4112.02 of the Revised Code. A person who is injured by an
alleged violation of division (E) or (F) of this section may file
a complaint with the Ohio civil rights commission in accordance
with requirements specified in section 4112.05 of the Revised
Code. The commission shall follow the procedures specified in that
section for complaints filed for violations of division (G) of
section 4112.02 of the Revised Code regarding that complaint,
except, if the commission determines after a hearing described in
division (B) of section 4112.05 of the Revised Code, that a
violation has occurred, the commission shall notify the state fire
marshal. The state fire marshal, upon receipt of that notice,
shall take the action the state fire marshal determines necessary
against the owner, keeper, or lessee of that hotel in accordance
with sections 3731.05 and 3731.06 of the Revised Code.
Sec. 3731.16. The owner or manager of each hotel shall post
in a conspicuous
place in each room thereof a card or sign stating
the price per day of such
room, and shall file with the state fire
marshal a diagram or list showing the price
of each room in the
hotel and no advances shall be made in this schedule,
without
twenty days' written notice to the state fire marshal. The posted
hotel rate
shall reflect the maximum actual rate and include the
maximum rate per number
of actual occupants.
Sec. 3731.20. The state fire marshal or the state fire
marshal's assistants shall accept
no gift or
gratuity in any form
from any hotel or SRO facility under penalty of
summary dismissal.
Sec. 3731.21. The (A) If a health official determines that
an
owner, keeper, or lessee has not complied with the
requirements
for sanitation specified in sections 3731.09,
3731.11, 3731.12,
and 3731.13 of the Revised Code, the health
official shall notify
the state fire marshal, and the state fire
marshal may take any
action permitted under this chapter that the
state fire marshal
determines is appropriate.
(B)(1) Except as limited by division (B)(3) of this section,
the state fire marshal, or other person representing the
state
fire marshal, may file a complaint with the attorney general,
the
prosecuting attorney of each the county
shall, upon in which the
hotel or structure that is the subject of the complaint
of
the
fire
marshal or other person
representing him, is located, or
both.
Except as
otherwise provided in divisions (B)(2) and (3)
of this
section,
upon receipt of
that complaint, the attorney
general or
prosecuting
attorney may prosecute to
termination
before any
the court of common pleas of the county in
which the
hotel or
structure that is the subject of the complaint
is
located a
proper action or proceeding against any person
violating
sections
3731.01 to 3731.21, inclusive, of the Revised
Code this chapter.
(2) If the state fire marshal elects to file a complaint with
both the attorney general and a county prosecutor, the following
circumstances apply, as applicable:
(a) If both the attorney general and the county prosecutor
determine that the complaint should be prosecuted, the state fire
marshal shall do both of the following:
(i) Determine which one of those two entities should proceed
with the complaint and request that entity to proceed;
(ii) Notify the entity not chosen pursuant to division
(B)(2)(a)(i) of this section of the state fire marshal's
determination and request that entity not to proceed with the
complaint.
(b) If one of the entities determines, on the merits of the
complaint, not to prosecute the complaint, the state fire marshal
shall request the other entity not to proceed with the complaint.
(c) If one of the entities determines, for reasons other than
the merits of the complaint, not to prosecute the complaint, the
state fire marshal may request the other entity to proceed with
the complaint.
(3) If the state fire marshal elects to file a complaint with
either the attorney general or a county prosecutor, but not both,
the following circumstances apply, as applicable:
(a) If the entity with which the state fire marshal files the
complaint determines, for reasons other than the merits of the
complaint, not to prosecute the complaint, the state fire marshal
may file the complaint with the other entity.
(b) If the entity with which the state fire marshal files the
complaint determines, on the merits of the complaint, not to
prosecute the complaint, the state fire marshal shall not file the
complaint with the other entity.
(C) Nothing in this
section shall be construed to prevent
the
attorney general and
prosecuting attorney from collaborating
on a
prosecution.
Sec. 3731.99. (A) Except as provided in division (B) of this
section, whoever violates section 3731.08 of the Revised Code
shall be fined
ten dollars.
(B) Whoever violates section 3731.03 or 3731.05 of the
Revised Code is
guilty of a misdemeanor of the first degree.
Sec. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742.,
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169.,
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761.,
4766.,
4773., and 4775. of the
Revised Code, means the license
renewal
procedures specified in
this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or
occupational activity, or to have charge of and operate
certain
specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in
the chapters of the Revised Code specified in division (A) of
this
section, includes the continuing licensing procedure
provided in
Chapter 3748. of the Revised Code and
rules adopted under it and
in sections 1321.05
and 3921.33 of the Revised Code, and as
applied to those
continuing
licenses any reference in this chapter
to the date of expiration
of any license shall be construed to
mean the due date of the
annual or other fee for the continuing
license.
SECTION 2. That existing sections 121.04, 3731.01, 3731.02,
3731.03,
3731.04, 3731.05, 3731.06, 3731.11,
3731.12, 3731.16,
3731.20, 3731.21, 3731.99, and 4745.01
of the
Revised Code are
hereby repealed.
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