reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.05 | Unlicensed Hospice Care Programs.

Effective:
April 16, 1993
Latest Legislation:
Senate Bill 124 - 119th General Assembly
(A) No person or public agency, other than a person or public agency licensed pursuant to section 3712.04 of the Revised Code, shall hold itself out as providing a hospice care program, or provide a hospice care program, or use the term "hospice" or any term containing "hospice" to describe or refer to a health program, facility, or agency.
A hospital, home providing nursing care, or home health agency that provides services under contract with a person or public agency providing a hospice care program licensed under section 3712.04 of the Revised Code or a terminal care facility for the homeless that has entered into an agreement under section 3712.07 of the Revised Code shall not be considered as providing a hospice care program in violation of this division.
This division does not apply to the activities of regional, state, or national nonprofit organizations of which providers of hospice care programs, individuals interested in hospice care programs, or both, are members and that do not provide or represent that they provide hospice care programs.
As used in this division, "person" does not include a member of an interdisciplinary team, as defined in section 3712.01 of the Revised Code, or any individual who is employed by a person or public agency licensed under section 3712.04 of the Revised Code.
(B) The department of health shall petition the court of common pleas of any county in which a person or public agency, without a license granted under section 3712.04 of the Revised Code, is holding itself out as providing a hospice care program, is providing a hospice care program, or is representing a health program, facility, or agency as a hospice care program, for an order enjoining that person or public agency from conducting those activities without a license. The court has jurisdiction to grant injunctive relief upon a showing that the respondent named in the petition is conducting those activities without a license.
Any person or public agency may request the department to petition the court for injunctive relief under this division, and the department shall do so if it determines that the person or public agency named in the request is violating division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.051 | Unlicensed Pediatric Respite Care Programs; Injunctions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this division, "person" does not include a member of an interdisciplinary team, as defined in section 3712.01 of the Revised Code, or any individual who is employed by a person or public agency licensed under section 3712.041 of the Revised Code.
Except as provided in division (B) of this section, no person or public agency, other than a person or public agency licensed pursuant to section 3712.041 of the Revised Code, shall hold itself out as providing a pediatric respite care program, or provide a pediatric respite care program, or use the term "pediatric respite care program" or any term containing "pediatric respite care" to describe or refer to a health program, facility, or agency.
(B) Division (A) of this section does not apply to any of the following:
(1) A hospital;
(2) A nursing home or residential care facility, as those terms are defined in section 3721.01 of the Revised Code;
(3) A home health agency, if it provides services under contract with a person or public agency providing a pediatric respite care program licensed under section 3712.041 of the Revised Code;
(4) A regional, state, or national nonprofit organization whose members are providers of pediatric respite care programs, individuals interested in pediatric respite care programs, or both, as long as the organization does not provide or represent that it provides pediatric respite care programs;
(5) A person or government entity certified under section 5123.161 of the Revised Code as a supported living provider;
(6) A residential facility licensed under section 5123.19 of the Revised Code;
(7) A respite care home certified under section 5126.05 of the Revised Code;
(8) A person providing respite care under a family support services program established under section 5126.11 of the Revised Code;
(9) A person or government entity providing respite care under a medicaid waiver component that the department of developmental disabilities administers pursuant to section 5166.21 of the Revised Code.
(C) The department of health shall petition the court of common pleas of any county in which a person or public agency, without a license granted under section 3712.041 of the Revised Code, is holding itself out as providing a pediatric respite care program, is providing a pediatric respite care program, or is representing a health program, facility, or agency as a pediatric respite care program, for an order enjoining that person or public agency from conducting those activities without a license. The court has jurisdiction to grant injunctive relief upon a showing that the respondent named in the petition is conducting those activities without a license.
Any person or public agency may request the department to petition the court for injunctive relief under this division, and the department shall do so if it determines that the person or public agency named in the request is violating division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.063 | Requirements for Pediatric Transition Care Programs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 558 - 134th General Assembly
All of the following apply to a person or public agency registered under section 3712.042 of the Revised Code to provide a pediatric transition care program:
(A) The program shall ensure that the medical care components of the program are under the direction of a physician.
(B) When a program arranges for a home health agency to furnish a component or components of the program to a pediatric transition care patient, the care shall be provided by a home health agency pursuant to a written contract that includes both of the following conditions:
(1) All care, treatment, and services furnished by the contractor are entered into the patient's medical record.
(2) The program ensures conformance with the patient's established plan of care and physician orders.
(C) Care commensurate with a pediatric transition care patient's needs shall be available twenty-four hours a day and seven days a week.
(D) The program shall maintain in the home central clinical records on all pediatric transition care patients.
(E) The program shall maintain in the home birth certificates, certified guardianship letters of authority, or other documentation related to health care decision-making, as applicable, for any pediatric transition care patient who receives care for longer than thirty days, unless, on written request by the program, this requirement is waived by the director of health.
(F) The program shall not provide pediatric transition care services to more than fifteen pediatric transition care patients at any time, unless, on written request by the program, additional patients are authorized by the director of health.
Last updated March 16, 2023 at 6:16 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.07 | Terminal Care Facilities for the Homeless.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "terminal care facility for the homeless" means a facility that provides accommodations to homeless individuals who are terminally ill.
(B) A person or public agency licensed under this chapter to provide a hospice care program may enter into an agreement with a terminal care facility for the homeless under which hospice care program services may be provided to individuals residing at the facility, if all of the following apply:
(1) Each resident of the facility has been diagnosed by a physician as having a terminal condition and an anticipated life expectancy of six months or less;
(2) No resident of the facility has a relative or other person willing or capable of providing the care necessary to cope with the resident's terminal illness or is financially capable of hiring a person to provide such care;
(3) Each resident of the facility is under the direct care of a physician;
(4) No resident of the facility requires the staff of the facility to administer medication by injection;
(5) The facility does not receive any remuneration, directly or indirectly, from the residents;
(6) The facility does not receive any remuneration, directly or indirectly, from the medicaid program or the medicare program;
(7) The facility meets all applicable state and federal health and safety standards, including standards for fire prevention, maintenance of safe and sanitary conditions, and proper preparation and storage of foods.
(C) Hospice care program services may be provided at a terminal care facility for the homeless only by the personnel of the person or public agency that has entered into an agreement with the facility under this section.
(D) A terminal care facility for the homeless that has entered into an agreement under this section may assist its residents with the self-administration of medication if the medication has been prescribed by a physician and is not administered by injection. In the event that a resident has entered the final stages of dying and is no longer mentally alert, the facility may administer medication to that resident if the medication has been prescribed by a physician and is not administered by injection. Determinations of whether an individual has entered the final stages of dying and is no longer mentally alert shall be based on directions from the personnel who provide hospice care program services at the facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.08 | No New Inpatient Hospice Care Program in Nursing Home Facility.

Effective:
April 20, 1995
Latest Legislation:
Senate Bill 50 - 121st General Assembly
The department of health shall not issue a license to conduct a new inpatient hospice care program if the program is to be conducted by a nursing home licensed under Chapter 3721. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.10 | Palliative Care in Inpatient Facilities.

Effective:
March 20, 2019
Latest Legislation:
House Bill 286 - 132nd General Assembly
(A) In addition to providing palliative care to hospice patients, a hospice care program may provide palliative care in an inpatient facility or unit operated by the program to patients who are not hospice patients, but only if the care is provided to each patient on a short-term basis and the care is medically necessary for the patient receiving the care.
Notwithstanding any provision of this chapter describing a hospice care program as being authorized to provide care and services only to hospice patients, the provision of palliative care under this division is considered a component of the activities authorized by the hospice care program's license.
(B) The director of health shall adopt rules governing the provision of palliative care under division (A) of this section to patients who are not hospice patients. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(C) Nothing in this chapter precludes an entity that holds a license for a hospice care program, including a program that exercises the authority described in division (A) of this section, from owning, being owned by, or otherwise being affiliated with an entity that provides palliative care to patients who are not hospice patients.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.11 | Construction of Chapter.

Effective:
March 20, 2019
Latest Legislation:
House Bill 286 - 132nd General Assembly
Nothing in this chapter shall be interpreted as meaning that palliative care may be provided only by or as a component of a hospice care program or pediatric respite care program.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3712 | Hospice Care › Section 3712.99 | Penalties.

Effective:
September 17, 2014
Latest Legislation:
House Bill 366 - 130th General Assembly
(A) Any person who violates division (A) of section 3712.05 or division (A) of section 3712.051 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; on each subsequent offense the person is guilty of a misdemeanor of the first degree.
(B) Any person who violates division (D) of section 3712.062 of the Revised Code is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.01 | Bedding and Stuffed Toy Definitions.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
As used in sections 3713.01 to 3713.10 of the Revised Code:
(A) "Person" has the same meaning as used in division (C) of section 1.59 of the Revised Code and also means any limited company, limited liability partnership, joint stock company, or other association.
(B) "Bedding" means any upholstered furniture, any mattress, upholstered spring, comforter, bolster, pad, cushion, pillow, mattress protector, quilt, and any other upholstered article, to be used for sleeping, resting, or reclining purposes, and any glider, hammock, or other substantially similar article that is wholly or partly upholstered.
(C) "Secondhand" means any article, or material, or portion thereof of which prior use has been made in any manner whatsoever.
(D) "Remade, repaired, or renovated articles not for sale" means any article that is remade, repaired, or renovated for and is returned to the owner for the owner's own use.
(E) "Sale," "sell," or "sold" shall, in the corresponding tense, mean sell, offer to sell, or deliver or consign in sale, or possess with intent to sell, or deliver in sale.
(F) "Upholstered furniture" means any article of furniture wholly or partly stuffed or filled with material and that is used or intended for use for sitting, resting, or reclining purposes.
(G) "Stuffed toy" means any article intended for use as a plaything or for an educational or recreational purpose that is wholly or partially stuffed with material.
(H) "Tag" or "label" means any material prescribed by the superintendent of industrial compliance to be attached to an article that contains information required under this chapter.
(I) "Crib bumper pad" means any padding material, including a roll of stuffed fabric, that is designed for placement within a crib to cushion one or more of the crib's inner sides adjacent to the crib mattress. "Crib bumper pad" excludes a mesh crib liner intended for placement between a crib mattress and one or more of the crib's inner sides, regardless of whether consumer product safety standards promulgated by the United States consumer product safety commission pursuant to section 104 of the "Consumer Product Safety Improvement Act of 2008," 15 U.S.C. 2056a, as amended, include mesh crib liners in the federal definition of "crib bumper pad."
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.02 | Registration and Labeling Requirements.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Subject to sections 3713.021 and 3713.022 of the Revised Code, all of the following apply:
(A) Except as provided in section 3713.05 of the Revised Code, no person shall import, manufacture, renovate, wholesale, or reupholster stuffed toys or articles of bedding, or sell or offer for sale any second-hand stuffed toy or any second-hand article of bedding, in this state without first registering to do so with the superintendent of industrial compliance in accordance with section 3713.05 of the Revised Code.
(B) No person shall manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering, an article of bedding or a stuffed toy that is not labeled in accordance with section 3713.08 of the Revised Code.
(C) No person shall manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering, an article of bedding or a stuffed toy that is falsely labeled.
(D) No person shall sell or offer for sale any secondhand article of bedding or any secondhand stuffed toy that has not been sanitized in accordance with section 3713.08 of the Revised Code.
(E) The possession of any article of bedding or stuffed toy in the course of business by a person required to obtain registration under this chapter, or by that person's agent or servant shall be prima-facie evidence of the person's intent to sell the article of bedding or stuffed toy.
Last updated August 18, 2021 at 3:36 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.021 | Reckless Manufacture, Sale, Delivery or Possession of Crib Bumper Pad.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) No person shall recklessly manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering a crib bumper pad.
(B) The superintendent of industrial compliance shall issue a notice of violation to any person found to have violated division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.022 | Reckless Manufacture, Sale, Delivery or Possession of Mesh Crib Liner.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) No person shall recklessly manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering a mesh crib liner intended for placement between a crib mattress and one or more of the crib's inner sides that does not comply with consumer product safety standards governing such liners that are promulgated after October 9, 2016, by the United States consumer product safety commission (pursuant to section 104 of the "Consumer Product Safety Improvement Act of 2008," 15 U.S.C. 2056a, as amended) for the purpose of ensuring sufficient permeability and breathability so as to prevent infant suffocation.
(B) In the absence of standards described in division (A) of this section, no person shall, beginning three years after the effective date of this section, recklessly manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering a mesh crib liner.
(C) The superintendent of industrial compliance shall issue a notice of violation to any person found to have violated division (A) or (B) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.03 | Superintendent to Administer and Enforce Chapter.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The superintendent of industrial compliance in the department of commerce shall administer and enforce this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.04 | Superintendent of Industrial Compliance; Powers and Duties.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the superintendent of industrial compliance shall:
(1) Adopt rules pertaining to the definition, name, and description of materials necessary to carry out this chapter;
(2) Determine the testing standards, fees, and charges to be paid for making any test or analysis required pursuant to section 3713.08 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the superintendent may adopt rules regarding the following:
(1) Establishing an initial application fee or an annual registration renewal fee not more than fifty per cent higher than the fees set forth in section 3713.05 of the Revised Code;
(2) Establishing standards, on a reciprocal basis, for the acceptance of labels and laboratory analyses from other states where the labeling requirements and laboratory analysis standards are substantially equal to the requirements of this state, provided the other state extends similar reciprocity to labels and laboratory analysis conducted under this chapter;
(3) Any other rules necessary to administer and carry out this chapter.
(C) The superintendent may do any of the following:
(1) Issue administrative orders, conduct hearings, and take all actions necessary under the authority of Chapter 119. of the Revised Code for the administration of this chapter. The authority granted under this division shall include the authority to suspend, revoke, or deny registration under this chapter.
(2) Establish and maintain facilities within the department of commerce to make tests and analysis of materials used in the manufacture of bedding and stuffed toys. The superintendent also may designate established laboratories that are qualified to make these tests. These laboratories may be used for making any test or analysis of materials used in the manufacture of bedding and stuffed toys. If the superintendent exercises this authority, the superintendent shall adopt rules to determine the fees and charges to be paid for making the tests or analyses authorized under this section.
(3) Exercise such other powers and duties as are necessary to carry out the purpose and intent of this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.05 | Application for Registration - Exemptions.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Applications to register to import, manufacture, renovate, wholesale, make, or reupholster stuffed toys or bedding in this state shall be made in writing on forms provided by the superintendent of industrial compliance. The application shall be accompanied by a registration fee of fifty dollars per person unless the applicant engages only in renovation, in which case the registration fee shall be thirty-five dollars. Upon receipt of the application and the appropriate fee, the superintendent shall register the applicant and assign a registration number to the registrant.
(B) The superintendent shall register an applicant in accordance with Chapter 4796. of the Revised Code if either of the following applies:
(1) The applicant is licensed or registered to import, manufacture, renovate, wholesale, make, or reupholster stuffed toys or bedding in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter with or for importing, manufacturing, renovating, wholesaling, making, or reupholstering stuffed toys or bedding in a state that does not issue that registration.
(C) Notwithstanding section 3713.02 of the Revised Code and division (A) of this section, the following are exempt from registration:
(1) An organization described in section 501(c)(3) of the "Internal Revenue Code of 1986," and exempt from income tax under section 501(a) of that code and that is operated exclusively to provide recreation or social services;
(2) A person who is not regularly engaged in the business of manufacturing, making, wholesaling, or importing stuffed toys but who manufactures or makes stuffed toys as a leisure pursuit and who sells one hundred or fewer stuffed toys within one calendar year;
(3) A person who is not regularly engaged in the business of manufacturing, making, wholesaling, or importing quilts, comforters, pillows, or cushions, but who manufactures or makes these items as a leisure pursuit and who sells five or fewer quilts, ten or fewer comforters, or twenty or fewer pillows or cushions within one calendar year.
(D) Notwithstanding division (C)(2) or (3) of this section, a person exempt under that division must attach a label to each stuffed toy that contains all of the following information:
(1) The person's name and address;
(2) A statement that the person is not registered by the state of Ohio;
(3) A statement that the contents of the product have not been inspected.
Last updated December 29, 2023 at 7:05 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.06 | Biannual Report by Importer or Manufacturer - Records Retention and Investigation.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Any person required to register under division (A) of section 3713.02 of the Revised Code who imports bedding or stuffed toys into this state for retail sale or use in this state and any person required to register under division (A) of section 3713.02 of the Revised Code who manufactures bedding or stuffed toys in this state for retail sale or use in this state shall submit a report to the superintendent of industrial compliance, in a form and manner prescribed by the superintendent. The form shall be submitted once per year and shall show the total number of items of bedding or stuffed toys imported into this state or manufactured in this state. Each report shall be accompanied by a fee of four cents for each item of bedding or stuffed toy imported into this state or manufactured in this state.
(B) Every importer, manufacturer, or wholesaler of stuffed toys or articles of bedding, and every mobile home and recreational vehicle dealer, conversion van dealer, secondhand dealer, and auction house shall retain records, designated by the superintendent in rule, for the time period established in rule.
(C) Every importer, manufacturer, or wholesaler of stuffed toys or articles of bedding, and every mobile home and recreational vehicle dealer, conversion van dealer, secondhand dealer, and auction house shall make sufficient investigation of its records to ensure that the information reported to the superintendent under division (A) of this section is accurate.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.07 | Renewal of Registration.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Registration obtained under this chapter expires annually on the last day of the month in the month that the registration was obtained. The superintendent of industrial compliance shall renew the registration in accordance with Chapter 4745. of the Revised Code.
(B) Failure on the part of any registrant to renew registration prior to its expiration, when notified as required in this section, shall not deprive the person of the right to renewal within the ninety days that follow expiration, but the fee to be paid for renewal after its expiration shall be one hundred dollars plus the standard registration fee for the registrant.
(C) If a registrant fails to renew registration within ninety days of the date that it expired, the former registrant shall comply with the registration requirements under section 3713.05 of the Revised Code to obtain valid registration.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.08 | Laboratory Testing and Analysis.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) All persons required to register under division (A) of section 3713.02 of the Revised Code manufacturing, making, or wholesaling bedding or stuffed toys, or both, that are sold or offered for sale shall have the material content of their products tested and analyzed at an established laboratory designated by the superintendent of industrial compliance before the bedding or stuffed toys are sold or offered for sale.
(B) Every stuffed toy or item of bedding sold or offered for sale shall have a label affixed to it that reports the contents of the stuffed toy or bedding material in conformity with requirements established by the superintendent, a registration number, and any other identifying information as required by the superintendent.
(C) The seller of any secondhand articles of bedding or stuffed toys shall sanitize all items in accordance with rules established by the superintendent prior to the sale of or the offering for sale of any secondhand articles.
(D) This section does not apply to any of the following:
(1) Persons who meet the qualifications of division (C)(2) or (3) of section 3713.05 of the Revised Code;
(2) The sale of furniture more than fifty years old;
(3) The sale of furniture from the home of the owner directly to the purchaser.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.10 | Moneys Deposited Into Industrial Compliance Operating Fund.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
All money collected under this chapter shall be deposited into the state treasury to the credit of the industrial compliance operating fund created under section 121.084 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3713 | Bedding and Stuffed Toys › Section 3713.99 | Penalties.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) Whoever violates division (A), (B), or (D) of section 3713.02 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (C) of section 3713.02 of the Revised Code is guilty of a misdemeanor of the third degree.
(C) A person who, after receiving a notice issued under division (B) of section 3713.021 of the Revised Code or division (B) or (C) of section 3713.022 of the Revised Code, continues to violate the applicable division of either of thos e sections is subject to a fine of not more than five hundred dollars. Each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.021 | Removal of Construction Wastes and Demolition Debris.

Effective:
April 15, 2005
Latest Legislation:
House Bill 432 - 125th General Assembly
(A) As used in this section, "working face" means the portion of a construction and demolition debris facility where construction and demolition debris is placed for final disposal.
(B) The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall attempt to remove all solid wastes from construction and demolition debris prior to the disposal of the construction and demolition debris on the working face of the facility. Except as otherwise provided in this division, the existence of solid wastes on the working face of a construction and demolition debris facility does not constitute a violation of this chapter and rules adopted under it if both of the following apply:
(1) The wastes constitute not more than two cubic yards per one thousand cubic yards of construction and demolition debris or four cubic yards per one thousand tons of construction and demolition debris disposed of at the construction and demolition debris facility based on the amount of construction and demolition debris disposed of at the facility on the preceding full business day as determined by using the amount of disposal fees collected under section 3714.07 of the Revised Code for wastes disposed of at the facility on that preceding full business day.
(2) The owner or operator or the employees of the facility remove the solid wastes from the working face of the facility.
The existence of solid wastes on the working face of a construction and demolition debris facility that is located within the boundaries of a sole source aquifer as described in division (B) of section 3714.03 of the Revised Code constitutes a violation of this chapter and rules adopted under it.
(C) The board of health of the health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either shall request the removal of specific, visible solid wastes that are located on the working face of a construction and demolition debris facility, and the owner or operator or the employees of the facility shall remove those solid wastes.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.04 | Granting of Exemption Where Disposal of Debris Is Unlikely to Have Adverse Effects - Exception.

Effective:
December 22, 2005
Latest Legislation:
House Bill 397 - 126th General Assembly
(A) Subject to division (B) of this section, the director of environmental protection or the board of health having territorial jurisdiction may by order exempt any person disposing of or proposing to dispose of construction and demolition debris in such quantities or under such circumstances that, in the determination of the director or board of health, are unlikely to adversely affect the public health or safety or the environment, or to create a fire hazard, from any provision of this chapter or a rule adopted or order issued under it, other than division (B)(2) of section 3714.03 or division (E) of section 3714.13 of the Revised Code. Neither the director nor any board of health shall grant an exemption under this section from division (B)(1) of section 3714.03 of the Revised Code if the director or board finds from the permit to install application that the establishment of a new construction or demolition debris facility in the one-hundred-year flood plain of a watercourse would result in an increase of more than one foot in the elevation of the flood stage of the watercourse upstream or downstream from the proposed facility. The applicant for a permit to install shall determine the increase in the flood stage resulting from the location of the proposed facility within the one-hundred-year flood plain of a watercourse based upon standard methodologies set forth in "urban hydrology for small watersheds" (soil conservation service technical release number 55) and section 4 of the "national engineering hydrology handbook" of the soil conservation service of the United States department of agriculture.
(B) Except in the event of a natural disaster or public health emergency declared by the governor or the director of health, before a board of health issues an order that exempts a person disposing of or proposing to dispose of construction and demolition debris as provided in division (A) of this section, the board shall provide written notice to the director of environmental protection of the board's intention to grant an exemption under that division. The notice shall contain a description of the facts surrounding the proposed exemption and any other information that the director may request. Not later than thirty days after receipt of the notice, the director shall provide written comment to the board of health regarding the proposed exemption. The written comment shall be considered by the board of health prior to the board's issuance of an order granting the exemption.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.05 | Program to Provide for Inspection, Licensing, and Enforcement of Standards Governing Facilities.

Effective:
December 22, 2005
Latest Legislation:
House Bill 397 - 126th General Assembly
The board of health of each health district maintaining a program on the approved list under section 3714.09 of the Revised Code shall provide for the issuance of permits to install for and the inspection of, licensing of, and enforcement of standards governing construction and demolition debris facilities under this chapter and rules adopted under it. The director of environmental protection shall provide for the issuance of permits to install for construction and demolition debris facilities, the inspection and licensing of facilities, and the enforcement of standards in health districts that are not on the approved list under that section and may provide for the inspection of the facilities and enforcement of standards in health districts that are on the approved list under that section. Further, the director may provide for the issuance of permits to install in a health district on the approved list if so requested by the applicable board of health under section 3714.051 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.053 | Public Hearing on Application for Permit to Install New Facility.

Effective:
December 22, 2005
Latest Legislation:
House Bill 397 - 126th General Assembly
Not later than sixty days after the director of environmental protection or a board of health, as applicable, receives an application for a permit to install a new construction and demolition debris facility, the applicant shall hold a public hearing in the township or municipal corporation in which the facility or proposed facility is or is to be located. At least thirty days prior to the public hearing, the applicant shall provide notice of the time, day, and location of the public hearing in a newspaper of general circulation in the locality of the facility or proposed facility and shall mail a copy of the notice to the director or the board of health, whichever is applicable. Further, at least thirty days prior to the public hearing, the applicant shall provide notification of the public hearing by certified mail to the owner of each parcel of real property that is adjacent to the facility or proposed facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.061 | Applicant for Permit to Operate Facility to Submit Plans.

Effective:
December 22, 2005
Latest Legislation:
House Bill 397 - 126th General Assembly
(A) A person who submits an application under section 3714.06 of the Revised Code for a license to operate a construction and demolition debris facility shall submit with the application the plans for the operation of the facility that are required in rules adopted under division (G) of section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the plans for the operation of the facility as required in rules adopted under that division when submitting an application under section 3714.06 of the Revised Code for an annual license for the continued operation of the facility. The plans for the operation of the facility shall include the contingency plans that are required in rules adopted under division (H) of section 3714.02 of the Revised Code.
(B) A person who submits an application under section 3714.06 of the Revised Code for a license to operate a construction and demolition debris facility shall provide, at the time that the application is submitted, to the fire department that would respond to the facility a copy of the contingency plans that are required in rules adopted under division (H) of section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the plans as required in rules adopted under that division at the time that the owner or operator submits an application under section 3714.06 of the Revised Code for an annual license for continued operation of the facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.062 | Program for Certification of Facility Operators.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) The director of environmental protection, in consultation with boards of health and a statewide association representing construction and demolition debris facilities and processing facilities, shall establish a program for the certification of operators of construction and demolition debris facilities and processing facilities and shall establish continuing education training requirements for those operators as part of the certification program.
(B) The program for the certification of operators, including the continuing education training requirements, shall include instruction in and shall emphasize, at a minimum, both of the following:
(1) The laws governing construction and demolition debris facilities, processing facilities, and disposal of construction and demolition debris;
(2) Best management practices governing construction and demolition debris facilities, processing facilities, and disposal of construction and demolition debris.
(C) The director shall accredit educational programs and approve statewide associations representing construction and demolition debris facilities and processing facilities to provide continuing education training for operators of construction and demolition debris facilities and operators of processing facilities. The educational programs and associations shall meet the standards established in rules adopted under section 3714.02 of the Revised Code. For purposes of this division, educational programs that are specific to construction and demolition debris facilities and processing facilities and are conducted by the director or the director's authorized representatives are accredited continuing education training programs.
(D) An operator shall successfully complete a minimum of ten hours of continuing education training each calendar year. No operator shall fail to comply with this division.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.072 | Ground Water Monitoring at Construction and Demolition Debris Facility.

Effective:
April 15, 2005
Latest Legislation:
House Bill 432 - 125th General Assembly
The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall allow a board of health or the director of environmental protection, as applicable, to conduct ground water monitoring at the facility to detect negative impacts to ground water quality as provided in section 3714.071 of the Revised Code unless the director determines that it is unlikely that a negative impact to the public health or the environment would occur due to the physical characteristics of the location of the facility.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.074 | Use of Funds to Abate Abandoned Accumulations of Construction and Demolition Debris.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A board of health may use money in the board's special fund created in section 3714.07 of the Revised Code for the purpose specified in division (B) of this section if both of the following apply:
(1) It is the end of the fiscal year.
(2) The board determines that it has more money in the fund than is necessary for the board to administer and enforce this chapter and rules adopted under it for the following fiscal year.
(B) A board of health may use excess money as described in division (A) of this section to abate abandoned accumulations of construction and demolition debris at a location for which a license has not been issued pursuant to section 3714.05 of the Revised Code if the board has reason to believe that there is a substantial threat to public health or safety or the environment and all of the following apply to the property on which the accumulations are located:
(1) The construction and demolition debris was placed on the property under either of the following circumstances:
(a) After the owner of the property acquired title to it;
(b) Before the owner of the property acquired title to it if the owner acquired title to the property by bequest or devise.
(2) The owner of the property did not have knowledge that the construction and demolition debris was being placed on the property, or the owner posted on the property signs prohibiting dumping or took other action to prevent the placing of construction and demolition debris on the property.
(3) The owner of the property did not participate in or consent to the placement of the construction and demolition debris on the property.
(4) The owner of the property did not receive any financial benefit from the placement of the construction and demolition debris on the property or from having the construction and demolition debris on the property.
(5) Title to the property was not transferred to the owner of that property for the purpose of avoiding liability for violations of this chapter or rules adopted under it.
(6) The person responsible for the placement of the construction and demolition debris on the property, in placing the construction and demolition debris on the property, was not acting as an agent for the owner of the property.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.081 | Pulverized Debris Not to Be Accepted.

Effective:
December 22, 2005
Latest Legislation:
House Bill 397 - 126th General Assembly
(A) A construction and demolition debris facility shall not accept pulverized debris.
(B) The board of health of a health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either may request the removal of pulverized debris that has been brought to the construction and demolition debris facility. A board, the director, or an authorized representative of either shall make such a request when the pulverized debris is at the unloading zone of the facility designated under rules adopted under section 3714.02 of the Revised Code and not after the debris has been disposed of on the working face of the facility. Upon the receipt of such a request, the owner or operator of the facility shall comply with section 3714.083 of the Revised Code and shall do one of the following:
(1) Immediately cause the pulverized debris to be removed from the facility;
(2) Store the pulverized debris at a location at the facility where construction and demolition debris is not disposed of for not more than ten days after the receipt of a request to remove the debris from the facility. Not later than the end of the ten-day period, the owner or operator shall cause the pulverized debris to be removed from the facility.
(C) As used in this section, "working face" has the same meaning as in section 3714.021 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3714 | Construction and Demolition Debris › Section 3714.082 | Certification That Transferred Material Not Ineligible.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) Except as provided in division (B) of this section, a construction and demolition debris facility may request a p rocessing facility to certify that material that is transferred from the p rocessing facility to the construction and demolition debris facility is not off-specification material; hazardous waste, solid wastes, or infectious wastes; or low-level radioactive waste whose treatment, recycling, storage, or disposal is governed under division (B) of section 3748.10 of the Revised Code. As used in this section, "hazardous waste," "solid wastes," and "infectious wastes" have the same meanings as in section 3734.01 of the Revised Code.
(B) With respect to material that is transferred to a construction and demolition debris facility by a railroad that is regulated under Title 49 of the United States Code, the facility may request the railroad to provide a bill of lading, or a copy of a bill of lading, from the shipper of the material or may request the railroad to provide written information indicating that the railroad did not process or add to the material.