130th Ohio General Assembly
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S. B. No. 237  As Passed by the Senate
As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
S. B. No. 237


Senator Schaffer 

Cosponsors: Senators Kearney, Stivers, Amstutz, Carey, Harris, Mason, Mumper, Sawyer, Seitz, Spada, Wilson, Padgett 



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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