As Introduced

132nd General Assembly

Regular Session H. B. No. 490

2017-2018

A BILL

To amend sections 3733.41, 3733.42, 3733.43, 3733.44, 3733.45, 3733.47, 3733.48, and 3781.06 and to enact section 3733.461 of the Revised Code to exempt certain residential buildings from agricultural labor camp licensing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3733.41, 3733.42, 3733.43, 3733.44, 3733.45, 3733.47, 3733.48, and 3781.06 be amended and section 3733.461 of the Revised Code be enacted to read as follows:

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the Revised Code:

(A) "Agricultural labor camp" means one or more buildings or structures, trailers, tents, or vehicles, together with any land appertaining thereto, established, operated, or used as temporary living quarters for two or more families or five or more persons intending to engage in or engaged in agriculture or related food processing, whether occupancy is by rent, lease, or mutual agreement. "Agricultural labor camp" does not include a hotel or motel, or a manufactured home park regulated pursuant to sections 4781.26 to 4781.52 of the Revised Code, and rules adopted thereunder.

(B) "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code or an authorized representative of the board of health.

(C) "Certificate of exemption" means a certificate of exemption issued to an agricultural labor camp operator for a residential building in accordance with division (A)(4) of section 3744.43 of the Revised Code.

(D) "Director" means the director of health or the authorized representative of the director of health.

~~(D) "Licensor" means the director of health.~~

(E) "Person" means the state, any political subdivision, public or private corporation, partnership, association, trust, individual, or other entity.

(F) "Residential building" means a one-family, two-family, or three-family dwelling house, and any accessory structure incidental to that dwelling house, either owned or leased by an agricultural labor camp operator who is using the building as an agricultural labor camp.

Sec. 3733.42. (A) The director of health, subject to sections 119.01 to 119.13 of the Revised Code, shall adopt rules having a uniform application throughout the state, governing the issuance of licenses, location, layout, construction, approval of plans, sanitation, safety, operation, use, and maintenance of agricultural labor camps. The rules shall establish minimum standards of habitability with which a licensee shall comply in operating an agricultural labor camp. The rules shall establish, beyond minimum standards of habitability, additional standards of habitability for those camps and shall establish priorities for those additional standards with which a licensee may voluntarily comply.

(B) The director of health, subject to Chapter 119. of the Revised Code, shall adopt rules relating to the inspection of residential buildings.

(C) In addition to meeting the requirements of section 119.03 of the Revised Code, the director of health shall mail a notice of the date, time, and place of any hearing on the adoption, amendment, or rescission of such rules and the full text of the proposed rule, amendment, or rule to be rescinded, at least thirty days prior to the hearing date, to all persons currently authorized or licensed to operate camps by the department of health, or authorized or licensed to operate camps in the previous calendar year, or who hold a certificate of exemption issued under division (A)(4) of section 3733.43 of the Revised Code, either currently or in the previous calendar year.

Sec. 3733.43. (A)(1) Except as provided in division (A)(2) of this section or otherwise provided in this division, prior to the fifteenth day of April in each year, every person who intends to operate an agricultural labor camp shall make application to the ~~licensor~~ director of health for a license to operate such camp, effective for the calendar year in which it is issued. The ~~licensor~~ director of health may accept an application on or after the fifteenth day of April. The license fees specified in this division shall be submitted to the ~~licensor~~ director of health with the application for a license. No agricultural labor camp shall be operated in this state without a license. Any person operating an agricultural labor camp without a current and valid agricultural labor camp license is not excepted from compliance with sections 3733.41 to 3733.49 of the Revised Code by holding a valid and current hotel license. Each person proposing to open an agricultural labor camp shall submit with the application for a license any plans required by any rule adopted under section 3733.42 of the Revised Code. For any license issued on or after July 1, 2009, the annual license fee is one hundred fifty dollars, unless the application for a license is made on or after the fifteenth day of April in any given year, in which case the annual license fee is one hundred sixty-six dollars. For any license issued on or after July 1, 2009, an additional fee of twenty dollars per housing unit per year shall be assessed to defray the costs of enforcing sections 3733.41 to 3733.49 of the Revised Code, unless the application for a license is made on or after the fifteenth day of April in any given year, in which case an additional fee of forty-two dollars and fifty cents per housing unit shall be assessed. All fees collected under this division shall be deposited in the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code and shall be used for the administration and enforcement of sections 3733.41 to 3733.49 of the Revised Code and rules adopted thereunder.

(2) Division (A)(1) of this section does not apply to a person who provides housing in a residential building that is available to the general public and who provides housing to persons intending to engage in or engaged in agriculture or related food processing of the same character and on the same or comparable terms and conditions as is provided to the general public, provided that the housing complies with both of the following:

(a) Either of the following:

(i) The state residential building code adopted by the board of building standards under section 3781.10 of the Revised Code;

(ii) The local residential building code adopted by a local governing authority as described in section 3781.01 of the Revised Code.

(b) The minimum occupational safety and health administration standards for temporary labor camps set forth in 29 C.F.R. part 1910.142.

(3) If there is any conflict between division (A)(2)(a) and (b) of this section, compliance with division (A)(2)(b) of this section shall control.

(4) A residential building shall be inspected in accordance with section 3733.45 of the Revised Code and any rules adopted by the director pursuant to division (B) of section 3733.42 of the Revised Code. If the director finds the residential building is in compliance with the requirements established under division (A)(2) of this section and related rules, the director shall issue the operator a certificate of exemption.

(5) Chapter 5321. of the Revised Code shall not apply to living quarters provided in accordance with this section.

(B) Any license or certificate of exemption under this section may be denied, suspended, or revoked by the ~~licensor~~ director of health for violation of sections 3733.41 to 3733.49 of the Revised Code or the rules adopted thereunder. Unless there is an immediate serious public health hazard, no denial, suspension, or revocation of a license or certificate of exemption shall be made effective until the person operating the agricultural labor camp has been given notice in writing of the specific violations and a reasonable time to make corrections. When the ~~licensor~~ director of health determines that an immediate serious public health hazard exists, the ~~licensor~~ director shall issue an order denying or suspending the license without a prior hearing.

(C) All proceedings under this section are subject to Chapter 119. of the Revised Code except as provided in section 3733.431 of the Revised Code.

(D) Every occupant of an agricultural labor camp shall keep that part of the dwelling unit, and premises thereof, that the occupant occupies and controls in a clean and sanitary condition.

Sec. 3733.44. Application for an agricultural labor camp license shall be made to the ~~licensor~~ director of health on forms prescribed and furnished by the director.

Sec. 3733.45. (A) The ~~licensor~~ director of health shall inspect all agricultural labor camps and shall require compliance with sections 3733.41 to 3733.49 of the Revised Code and the rules adopted thereunder prior to the issuance of a license or certificate of exemption. Upon receipt of a complaint from the migrant agricultural ombudsperson or upon the basis of ~~a licensor's~~ the director's own information that an agricultural labor camp is operating without a license or certificate of exemption, the ~~licensor~~ director shall inspect the camp. If the camp is operating without a license or certificate of exemption, the ~~licensor~~ director shall require the camp to comply with sections 3733.41 to 3733.49 of the Revised Code and the rules adopted under those sections. No license shall be issued unless results of water supply tests indicate that the water supply meets required standards or if any violations exist concerning sanitation, drainage, or habitability of housing units.

(B) The ~~licensor~~ director of health shall, upon issuance of each license and certificate of exemption, distribute posters containing the toll-free telephone number of the migrant agricultural ombudsperson established in section 3733.49 of the Revised Code and information in English and Spanish describing the purpose of the ombudsperson's office, as provided in that section. The ~~licensor~~ director shall provide at least two posters to the licensee or person who holds the certificate of exemption, one for ~~the licensee's~~ personal use and at least one that shall be posted in a conspicuous place within the camp.

(C) The ~~licensor~~ director of health may, upon proper identification to the operator or the operator's agent, enter on any property or into any structure at any reasonable time for the purpose of making inspections required by this section.

The ~~licensor~~ director shall make at least one inspection prior to licensing or issuing a certificate of exemption. The ~~licensor~~ director shall make such other inspections as the ~~licensor~~ director considers necessary to enforce sections 3733.41 to 3733.49 of the Revised Code adequately.

(D) Any plans submitted to the ~~licensor~~ director of health shall be in compliance with rules adopted pursuant to section 3733.42 of the Revised Code and shall be approved or disapproved within thirty days after they are filed.

(E) The ~~licensor~~ director of health shall issue an annual report that shall accurately reflect the results of that year's inspections, including, but not limited to, numbers of inspections, number of violations found, and action taken in regard to violations. The report shall also include an assessment of any problems found in that year and proposed solutions for them.

Sec. 3733.461. (A) A person providing housing in a residential building shall provide a notice to each occupant in each residential building regarding the terms and conditions of occupancy, which shall include all the following information:

(1) The rent or any other financial obligation required of the occupant, including whether the residential building is provided for free;

(2) The method in which the rent or financial obligation will be collected;

(3) Whether a damage deposit is required, and if so, how much, and the conditions in which the deposit will be returned or forfeited;

(4) The rules for living in the residential building;

(5) The occupancy limits of the residential building;

(6) The requirements for cleaning care of the residential building;

(7) In the event of an eviction, a statement regarding how much notice an occupant shall receive before being evicted.

(B) The notice required under division (A) of this section shall be written in both English and in a language the occupants living in the residential building understand, if the occupants' native language is not English. The person providing the housing shall cause the notice to be either posted in a conspicuous place in the residential building or given to the occupant on or before the first day of occupancy.

Sec. 3733.47. The attorney general, or the prosecuting attorney of the county, or the city director of law shall upon complaint of the ~~licensor~~ director of health prosecute to termination or bring an action for a temporary restraining order or preliminary or permanent injunction against any person violating sections 3733.41 to 3733.49 of the Revised Code or the rules adopted thereunder. The common pleas court in which an action for a temporary restraining order or preliminary or permanent injunction is filed has the jurisdiction to grant such relief upon a showing that the respondent named in the complaint is in violation of sections 3733.41 to 3733.49 of the Revised Code or the rules adopted thereunder.

Sec. 3733.48. No person shall recklessly violate sections 3733.41 to 3733.471 of the Revised Code or the rules adopted thereunder.

Sec. 3781.06. (A)(1) Any building that may be used as a place of resort, assembly, education, entertainment, lodging, dwelling, trade, manufacture, repair, storage, traffic, or occupancy by the public, any residential building, and all other buildings or parts and appurtenances of those buildings erected within this state, shall be so constructed, erected, equipped, and maintained that they shall be safe and sanitary for their intended use and occupancy.

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the Revised Code shall be construed to limit the power of the division of industrial compliance of the department of commerce to adopt rules of uniform application governing manufactured home parks pursuant to section 4781.26 of the Revised Code.

(B) ~~Sections~~ Except as provided under division (A)(2) of section 3733.43 of the Revised Code, sections 3781.06 to 3781.18 and 3791.04 of the Revised Code do not apply to either of the following:

(1) Buildings or structures that are incident to the use for agricultural purposes of the land on which the buildings or structures are located, provided those buildings or structures are not used in the business of retail trade. For purposes of this division, a building or structure is not considered used in the business of retail trade if fifty per cent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller.

(2) Existing single-family, two-family, and three-family detached dwelling houses for which applications have been submitted to the director of job and family services pursuant to section 5104.03 of the Revised Code for the purposes of operating type A family day-care homes as defined in section 5104.01 of the Revised Code.

(1) "Agricultural purposes" include agriculture, farming, dairying, pasturage, apiculture, algaculture meaning the farming of algae, horticulture, floriculture, viticulture, ornamental horticulture, olericulture, pomiculture, and animal and poultry husbandry.

(2) "Building" means any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.

(3) "Industrialized unit" means a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. "Industrialized unit" includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. "Industrialized unit" does not include a manufactured home as defined by division (C)(4) of this section or a mobile home as defined by division (O) of section 4501.01 of the Revised Code.

(4) "Manufactured home" means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.

(5) "Permanent foundation" means permanent masonry, concrete, or a footing or foundation approved by the division of industrial compliance of the department of commerce pursuant to Chapter 4781. of the Revised Code, to which a manufactured or mobile home may be affixed.

(6) "Permanently sited manufactured home" means a manufactured home that meets all of the following criteria:

(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities;

(b) The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred square feet;

(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;

(d) The structure was manufactured after January 1, 1995;

(e) The structure is not located in a manufactured home park as defined by section 4781.01 of the Revised Code.

(7) "Safe," with respect to a building, means it is free from danger or hazard to the life, safety, health, or welfare of persons occupying or frequenting it, or of the public and from danger of settlement, movement, disintegration, or collapse, whether such danger arises from the methods or materials of its construction or from equipment installed therein, for the purpose of lighting, heating, the transmission or utilization of electric current, or from its location or otherwise.

(8) "Sanitary," with respect to a building, means it is free from danger or hazard to the health of persons occupying or frequenting it or to that of the public, if such danger arises from the method or materials of its construction or from any equipment installed therein, for the purpose of lighting, heating, ventilating, or plumbing.

(9) "Residential building" means a one-family, two-family, or three-family dwelling house, and any accessory structure incidental to that dwelling house. "Residential building" includes a one-family, two-family, or three-family dwelling house that is used as a model to promote the sale of a similar dwelling house. "Residential building" does not include an industrialized unit as defined by division (C)(3) of this section, a manufactured home as defined by division (C)(4) of this section, or a mobile home as defined by division (O) of section 4501.01 of the Revised Code.

(10) "Nonresidential building" means any building that is not a residential building or a manufactured or mobile home.

(11) "Accessory structure" means a structure that is attached to a residential building and serves the principal use of the residential building. "Accessory structure" includes, but is not limited to, a garage, porch, or screened-in patio.

Section 2. That existing sections 3733.41, 3733.42, 3733.43, 3733.44, 3733.45, 3733.47, 3733.48, and 3781.06 of the Revised Code are hereby repealed.