reglab/housing_qa huggingface dataset:
Ohio Rev Code § 4937.01 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4937 | Utility Radiological Safety|Section 4937.01 | Utility Radiological Safety Definitions.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|As used in sections 4937.01 to 4937.05 of the Revised Code: (A) "Hazard" has the same meaning as in section 5502.21 of the Revised Code. (B) "Member agency" means the state agency of which a member of the utility radiological safety board is an officer. (C) "Nuclear electric facility" means any facility operated by a nuclear electric utility using nuclear energy to produce electricity and any facility for the storage of spent nuclear fuel arising from such production. (D) "Nuclear electric facility incident" means any hazard within the state which is associated with a nuclear electric facility and requires, pursuant to sections 5502.21 to 5502.51 of the Revised Code, emergency management to mitigate its effects. (E) "Nuclear electric utility" includes every person, their agents, assignees, or trustees, within this state engaged in the business of producing electricity using nuclear energy, or in the storage of spent nuclear fuel arising from such production. (F) "Nuclear electric utility holding company" means any company that holds an equity interest in a nuclear electric utility and is part of an electric utility holding company system exempt under section 3(a)(1) or (2) of the "Public Utility Holding Company Act of 1935," 49 Stat. 810, 15 U.S.C.A. 79c, and the regulations adopted under the act.
Ohio Rev Code § 4937.03 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4937 | Utility Radiological Safety|Section 4937.03 | Powers and Duties of Utility Radiological Safety Board.

Effective: July 1, 1989|Latest Legislation:  House Bill 111 - 118th General Assembly|(A)(1) The utility radiological safety board may request information from nuclear electric utilities or nuclear electric utility holding companies which it considers necessary to conduct investigations, examinations, and studies it may undertake, but shall not impose any undue burden on the utilities or holding companies in this regard.(2) The board may, either through its members or by persons authorized by it, examine under oath, at any reasonable time to assist the board in the performance of its duties, any officer, agent, or employee of a nuclear electric utility or nuclear electric utility holding company or any other person regarding a nuclear electric facility or utility or a nuclear electric facility incident, and may compel the attendance of such witness for the purpose of the examination. The board may examine all books, contracts, records, documents, and papers of any person and, by subpoena duces tecum, may compel the production of the books, contracts, records, documents, and papers or of verified copies.(3) If a person disobeys a subpoena of the board, or if a witness refuses to testify to any matter regarding which he may be lawfully interrogated, the court of common pleas of a county or a judge of the court, on application of a board member, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.(B) The board may procure all necessary goods and supplies for the proper administration of the board's affairs. The board shall have a seal bearing the following inscription: "The Utility Radiological Safety Board of Ohio." The seal shall be affixed to authentications of copies of records and to other instruments as the board directs.(C) The board shall coordinate its activities with those of the power siting board.(D) The board shall recognize that the federal government has exclusive jurisdiction to regulate the nuclear safety and national security aspects of the construction and operation of nuclear electric facilities, except for certain authority over air emissions. Sections 4937.01 to 4937.05 of the Revised Code do not affect the state's responsibilities for emergency preparedness and offsite safety requirements.(E) None of the powers or duties of the board under sections 4937.01 to 4937.05 of the Revised Code in any way supersede existing powers or duties of member agencies or county or other local authorities.
Ohio Rev Code § 4939.02 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.02 | State Policy.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|(A) It is the public policy of this state to do all of the following:(1) Promote the public health, safety, and welfare regarding access to and the occupancy or use of public ways, to protect public and private property, and to promote economic development in this state;(2) Promote the availability of a wide range of utility, communication, and other services to residents of this state at reasonable costs, including the rapid implementation of new technologies and innovative services;(3) Promote the rapid deployment of small cell facility infrastructure and related capital investment in this state by ensuring that municipal corporations grant or deny consent to install, operate, modify, or replace wireless facilities in a timely manner; (4) Ensure that access to and occupancy or use of public ways advances the state policies specified in sections 4927.02, 4928.02, and 4929.02 of the Revised Code; (5) Recognize the authority of a municipal corporation to manage access to and the occupancy or use of public ways to the extent necessary with regard to matters of local concern, and to receive cost recovery for the occupancy or use of public ways in accordance with law; (6) Ensure in accordance with law the recovery by a public utility of public way fees and related costs; (7) Promote coordination and standardization of municipal management of the occupancy or use of public ways, to enable efficient placement and operation of structures, appurtenances, or facilities necessary for the delivery of public utility or cable services; (8) Encourage agreement among parties regarding public way fees and regarding terms and conditions pertaining to access to and the occupancy or use of public ways, and to facilitate the resolution of disputes regarding public way fees; (9) Protect the integrity of the residential and historic locations and ensure that access to and occupancy or use of public ways in such districts is technologically and aesthetically appropriate.(B) This policy establishes fair terms and conditions for the use of public ways and does not unduly burden persons occupying or using public ways or persons that benefit from the services provided by such occupants or users.
Ohio Rev Code § 4939.03 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.03 | Prohibited Conduct Concerning Public Ways.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|(A) No person shall occupy or use a public way except in accordance with law.(B) In occupying or using a public way, no person shall unreasonably compromise the public health, safety, and welfare.(C)(1) No person shall occupy or use a public way without first obtaining, under this section or section 1332.24 or 4939.031 of the Revised Code, any requisite consent of the municipal corporation owning or controlling the public way.(2) Except as otherwise provided in division (C) (6) of this section and sections 4939.031 and 4939.036 of the Revised Code, a municipal corporation, not later than sixty days after the date of filing by a person of a completed request for consent, shall grant or deny its consent.(3) A municipal corporation shall not unreasonably withhold or deny consent.(4) If a request by a person for consent is denied, the municipal corporation shall provide to the person in writing its reasons for denying the request and such information as the person may reasonably request to obtain consent. If a request for consent is denied for an activity described in section 4939.031 of the Revised Code, the reasons required under this division shall be supported by substantial, competent evidence and the denial of consent shall not unreasonably discriminate against the entity requesting the consent.(5) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, a municipal corporation, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.(6) Initial consent for occupancy or use of a public way shall be conclusively presumed for all lines, poles, pipes, conduits, ducts, equipment, or other appurtenances, structures, or facilities of a public utility or cable operator that, on July 2, 2002, lawfully so occupy or use a public way. However, such presumed consent does not relieve the public utility or cable operator of compliance with any law related to the ongoing occupancy or use of a public way.
Ohio Rev Code § 4939.031 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.031 | Small Cell Facilities and Wireless Support Structures; Requests for Consent From Micro Wireless Facilities.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|(A) Subject to section 4939.0314 of the Revised Code and approval of an application under this section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are consistent with this chapter and adopted by a municipal corporation for construction and public safety in a public way. All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public way by the municipal corporation, the traveling public, or other public utilities.(B) A municipal corporation, not later than ninety days after the date of filing by an entity of a completed request for consent under divisions (B)(1) and (2) of this section or one hundred twenty days under division (B)(3) of this section to be done in a public way, shall, subject to this chapter, grant or deny its consent to:(1) Collocate small cell facilities on a wireless support structure;(2) Replace or modify a small cell facility on a wireless support structure, if consent is required under this section;(3) Construct, modify, or replace a wireless support structure associated with a small cell facility.(C) If a municipal corporation fails to approve or deny a request for consent under this section or a request for a relevant work permit within the required time period, provided the time period is not tolled under section 4939.036 of the Revised Code, the request shall be deemed granted upon the requesting entity providing notice to the municipal corporation that the time period for acting on the request has lapsed.(D) Except as provided in division (B) of section 4939.0311 of the Revised Code, this chapter, and any franchise, pole attachment, or other agreements between a municipal corporation and a cable operator or public utility, a municipal corporation shall not require any zoning or other approval, consent, permit, certificate, or condition for the construction, replacement, location, attachment, or operation of a small cell facility in the public way, or otherwise prohibit or restrain the activities as described in this section.(E) For purposes of submitting a request for municipal corporation consent under this section, "operator" also includes any person that, at the time of filing the request, provides the municipal corporation the person's written authorization to perform the specific work for which consent has been requested on behalf of an operator.
Ohio Rev Code § 4939.032 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.032 | Applications for Requests for Consent.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|Applications for requests for consent pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the small cell facility or wireless support structure for which consent is requested. A permit or other record of consent issued by a municipal corporation that authorizes the use of the public way pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the facility or structure.
Ohio Rev Code § 4939.033 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.033 | Request for Consent to Collocate.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|A person who is not an operator under section 4939.031 of the Revised Code shall request, pursuant to and in accordance with the requirements of section 4939.03 of the Revised Code, municipal corporation consent to collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under a public way.
Ohio Rev Code § 4939.037 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.037 | Applicability of Regulations.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure.
Ohio Rev Code § 4939.038 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.038 | Eligible Facilities Request.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001.
Ohio Rev Code § 4939.039 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.039 | Indemnification for Municipalities and Officials.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|Any operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the public way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in a public way.
Ohio Rev Code § 4939.0311 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0311 | Consent Not Required.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|(A) Consent of a municipal corporation shall not be required for either of the following activities conducted in the public way:(1) Routine maintenance of wireless facilities;(2) The replacement of wireless facilities with wireless facilities that are consistent with the municipal corporation's current design guidelines and that are either of the following:(a) Substantially similar to the existing wireless facilities;(b) The same size or smaller than the existing wireless facilities.(B) A municipal corporation may require a work permit for any activity described in division (A) of this section and for any activity for which consent is authorized under section 4939.031 of the Revised Code. Any such permit shall be subject to any applicable law in this chapter.(C) Notwithstanding the amendments and enactments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from a municipal corporation or to pay fees, with the exception of work permits and associated fees, to place, operate, maintain, or replace micro wireless facilities pursuant to an existing franchise or video service authorization under Chapter 1332. of the Revised Code; nor shall a holder of an existing franchise or video service authorization be required to obtain additional authorizations or to pay additional fees for the placement of micro wireless facilities already covered under an existing franchise or video service authorization under Chapter 1332. of the Revised Code.(D) The permitting procedures and authorizations set forth in the amendments and enactments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly shall apply only to the placement of small cell facilities and wireless support structures in the public way, and do not authorize the construction and operation of a wireline backhaul facility.
Ohio Rev Code § 4939.0312 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0312 | Consolidated Requests.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|(A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person's discretion, a consolidated application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures. However, this single application may only address multiple small cell facilities or multiple wireless support structures if they each involve substantially the same type of small cell facilities or substantially the same type of wireless support structures. A municipal corporation may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.(B) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Revised Code may be cumulative. However, a municipal corporation, at its discretion, may opt to reduce such fees in order to encourage persons to submit consolidated applications. (C) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.
Ohio Rev Code § 4939.0315 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0315 | Moratorium Prohibited.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|No municipal corporation may institute a moratorium on the filing, acceptance of filings, consideration, or approval of requests for consent described in section 4939.031 of the Revised Code.
Ohio Rev Code § 4939.0316 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0316 | Fees.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|Any fee charged by a municipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility. Beginning on the effective date of this section, a municipal corporation may adjust this fee ten per cent every five years, rounded to the nearest five dollars. During each five-year period, the adjustment may be applied incrementally or as a single adjustment.
Ohio Rev Code § 4939.0317 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0317 | Duration of Approval Term.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|A municipal corporation's approval term of an attachment to a wireless support structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the municipal corporation, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable work permit requirements and may stop paying annual charges or fees under division (B) of section 4939.0322 of the Revised Code.
Ohio Rev Code § 4939.0323 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0323 | Exclusive Agreements.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|A municipal corporation shall not enter into an exclusive arrangement with any entity for the right to attach to the municipal corporation's wireless support structures.
Ohio Rev Code § 4939.0329 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4939 | Use of Municipal Public Way|Section 4939.0329 | Construction, Modification, or Maintenance of Oversized Pole or Wireless Support Structure Under Public Way.

Effective: August 1, 2018|Latest Legislation:  House Bill 478 - 132nd General Assembly|A person may construct, modify, or maintain a utility pole or wireless support structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation's applicable regulations.