Sub. S.B. 305

126th General Assembly

(H. Commerce and Labor)

Removes the proposed requirements to have the Fire Marshal or Assistant Fire Marshal refer all suspected unsanitary conditions to the appropriate board of health and removes the proposed requirements to have that board (1) investigate those referrals, (2) take action as necessary to enforce sanitary standards, and (3) cooperate with the Fire Marshal in the enforcement of the licensing requirements of the Hotel Law (R.C. Chapter 3731.).

Removes the proposed requirement that the prosecuting attorney of each county, at the request of the Fire Marshal, board of health, or other person representing the Fire Marshal or board of health prosecute to termination a proper action or proceeding against any person specifically for violating the sanitary standards included in the Hotel Law.

Maintains that the continuing law requirements that (1) all bedding used in any of the three types of hotels (transient, extended stay, and residential) must be thoroughly aired, disinfected, and kept clean, (2) no bedding that is infested with vermin or bedbugs can be used on any bed in any hotel, and (3) all floors, carpets, and equipment in hotels, and all walls and ceilings must be kept in sanitary condition, but specifies that every transient hotel and extended hotel, but not a residential hotel as required in the Senate-passed version, must be kept in sanitary condition.

Modifies the proposed definition of "temporary residence," for purposes of the Hotel Law (R.C. Chapter 3731.), to specify that in addition to the condition that an occupant does not use the room as the occupant's permanent residence per the Senate-passed version, the occupant does not use the room as the occupant's principal residence.

Requires the Fire Marshal to include a provision in the State Fire Code that directs the Fire Marshal to issue any permit that is required for any temporary membrane structure, tent, or canopy located on state-owned property or used for an event sponsored by a state agency, unless the Fire Marshal directs the person seeking the permit to obtain the permit from the appropriate local fire code official.

Adds that boards of health of a health district and sewer purveyors, in addition to city engineer departments under current law, have complete authority to supervise and regulate the entire sewerage and drainage system in the entity's jurisdiction in accordance with the Ohio Plumbing Law.

Allows a secured facility, as defined by the bill, to restrict egress for certain patients and residents who are not capable of self-preservation by using delayed-egress doors and electronically coded doors and controlled-egress locks in accordance with the Ohio Nonresidential Building Code and State Fire Code so long as the secured facility provides continuous, 24-hour custodial care to the patients or residents of the facility and establishes a system to evacuate patients or residents in the event of a fire or other emergency.

S0305-126.doc/ar 12/14/2006