2006 Ohio Revised Code - 3724.03. License to operate home; temporary license.

§ 3724.03. License to operate home; temporary license.
 

(A)  Application for a license to operate a community alternative home shall be made by the operator to the director of health on forms provided by the director. After investigating the application and inspecting the home, the director shall issue a license if the director determines that the following requirements have been met: 

(1) The home is in compliance with this chapter and rules adopted by the public health council under section 3724.05 of the Revised Code. 

(2) The home meets the fire safety standards established by rules adopted under section 3724.05 of the Revised Code and has been inspected and approved by a certified electrical safety inspector. 

(3) The home complies with local zoning regulations. 

(4) If applicable, the home has a valid food service license issued under Chapter 3717. of the Revised Code. 

(5) The operator has not been convicted of a felony or a crime involving moral turpitude. 

(6) The operator has provided all documentation requested by the director. 

(7) The operator has developed policies for infection control and for educating caregivers about acquired immunodeficiency syndrome. 

(8) The operator has paid the license fee established by rule of the public health council under section 3724.05 of the Revised Code. 

At the request of the operator on a form furnished by the director, the director, in accordance with rules adopted by the public health council, may waive any licensing requirement established by rule of the council if the director determines that strict application of the requirement would cause undue hardship to the home and that the grant of a waiver would not jeopardize the health and safety of any resident of the home. The waiver may be granted at the time of initial licensing or renewal or during a licensing period and may be temporary or permanent. 

The license shall contain the name and address of the home for which it is issued, the date of expiration of the license, and the maximum number of residents that may be accommodated by the home. A license is valid for two years from the date of issuance. 

Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code and building standards adopted pursuant to those sections do not apply to any structure for which application is made for licensure as a community alternative home unless the license is denied. 

(B)  The director may issue a temporary license pending completion of the licensing inspection if the application and documentation meet the requirements of this chapter and the rules adopted by the public health council. A temporary license is valid for ninety days and may be renewed for an additional ninety days. The director also may renew a temporary license for the duration of proceedings under Chapter 119. of the Revised Code regarding the denial of a license if the director determines that the continued operation of the home will not jeopardize the health or safety of the residents. 

(C)  Application for renewal of a license to operate a community alternative home shall be made by the operator to the director of health on forms provided by the director. In addition to submitting the application and a fee in the amount established by rules of the public health council, the operator shall inform the director of any changes in the ownership or structure of the buildings housing the home. If the electrical wiring has been altered, the operator shall submit proof that the alteration has been inspected and approved by a certified electrical safety inspector. The director shall inspect the facility and shall renew the license if the director determines that the home complies with the requirements of this chapter and the rules adopted by the public health council. 

(D)  In accordance with Chapter 119. of the Revised Code, the director may deny, revoke, or refuse to issue or renew a license or a temporary license for any community alternative home that fails to comply with any requirement of this chapter or with any rules adopted by the public health council. 
 

HISTORY: 143 v S 2 (Eff 11-1-89); 148 v H 223. Eff 11-3-99.