3701-26-04 Licensing.

(A) On or after the first day of April, but before the first day of May of each year, every person who intends to operate a recreational vehicle park, recreation camp or combined park-camp shall procure a license to operate such park or camp for said year from the licensor. If the applicable fee prescribed under section 3729.07 of the Revised Code is not received by the licensor by the close of business on the last day of April, the applicant for the license shall pay a penalty equal to twenty-five per cent of the applicable license fee. The penalty shall accompany the license fee. If the last day of April is not a business day, the penalty attaches upon the close of business on the next business day.

(1) A person who intends to open a new recreational vehicle park, recreation camp or combined park-camp shall apply for a license at any time after receiving written approval of the plans for the park or camp from the director under rule 701-26-02 of the Administrative Code, but not less than thirty days prior to the date the person intends to open the park or camp for business.

(2) The proposed licensee of a recreational vehicle park, recreation camp or combined park-camp shall make a written application for the license to the licensor on a form prescribed by the director.

(B) Every person who intends to operate a temporary park-camp shall obtain a license to operate the temporary park-camp from the licensor at any time before the person begins operation of the temporary park-camp during the calendar year. The person shall make written application for the license not less than seven days prior to the date the person intends to open the temporary park-camp for business.

(C) No recreational vehicle park, recreation camp or combined park-camp shall be maintained or operated in this state without a license. However, no person who neither intends to nor receives anything of value arising from the use of, or the sale of goods or services in connection with the use of, a recreational vehicle park, recreation camp, combined park-camp or temporary park-camp, shall be required to procure a license under this rule. In the event that any health hazard exists at such an unlicensed park, camp or park-camp, such health hazard shall be corrected in a manner consistent with the appropriate rule of rules 3701-26-01 to 3701-26-24 of the Administrative Code.

(D) No person who has received a license, upon the sale or disposition of the recreational vehicle park, recreation camp or combined park-camp may have the license transferred to the new operator. A person shall obtain a separate license to operate each recreational vehicle park, recreation camp or combined park-camp. No license to operate a temporary park-camp shall be transferred.

(E) A person shall obtain a separate license for each temporary park-camp the person intends to operate and such license shall be valid for a period of no longer than seven consecutive days. A person who operates a park-camp on a tract of land for more than twenty-one days or parts thereof in a calendar year shall obtain a license to operate a recreational vehicle park, recreation camp or combined park-camp.

(F) Any person who operates a county or state fair or any independent agricultural society organized pursuant to section 1711.02 of the Revised Code that operates a fair shall not be required to obtain a license for a recreational vehicle park, recreation camp or combined park-camp if recreational vehicles are parked at the site of the fair only during the time of preparation for, operation of, and dismantling of the fair and if such recreational vehicles belong to participants in the fair.

(G) The licensor shall conduct inspections of parks and camps as follows:

(1) Before a license is initially issued and annually thereafter, or more often if necessary, the licensor shall cause each recreational vehicle park, recreation camp or combined park-camp to be inspected relative to compliance with sections 3729.01 to 3729.13 of the Revised Code and rules 3701-26-01 to 3701-26-24 of the Administrative Code. A record shall be made of each inspection on a form provided or approved by the director.

(2) When a license is initially issued, and more often if necessary, the licensor shall cause each temporary park-camp to be inspected relative to compliance with sections 3729.01 to 3729.13 of the Revised Code and the applicable provisions of rules 3701-26-01 to 3701-26-24 of the Administrative Code, during the period that the temporary park-camp is in operation. A record shall be made of each inspection on a form provided or approved by the director.

(H) The licensor shall determine the licensed capacity of a park or camp based upon the number of sites that the director or the licensor, as applicable, has verified as complying with the approved plans.

(I) The licensor of a recreational vehicle park, recreation camp, combined park-camp or temporary park-camp may charge an annual fee determined in accordance with section 3709.09 of the Revised Code for the right to operate the park, camp or park-camp. The fee shall include the cost of licensing and all inspections

(1) In determining the amount of the annual fee, the licensor shall use the categories established by rule 3701-26-05 of the Administrative Code and the cost methodology established by rule 3701-26-06 of the Administrative Code.

(2) Except for the fee for a temporary park-camp license, the annual fee shall include amounts as specified in this rule. The amount required to be included as part of the annual fee under this paragraph shall be collected and transmitted by the board of health to the treasurer of state within thirty days of receipt to be credited to the general operations fund created in section 3701.83 of the Revised Code and used only for administering and enforcing sections 3729.01 to 3729.13 of the Revised Code and this chapter. The licensor is not required to provide notice or hold public hearings regarding the amounts to be collected and transmitted pursuant to this paragraph.

(a) For licenses issued on and after January 1, 2007, seventy-five dollars for recreational vehicle parks, recreation camps and combined park-camps with fifty or fewer sites and eighty-five dollars for recreational vehicle parks, recreation camps and combined park-camps with more than fifty sites.

(b) For licenses issued on and after January 1, 2008, eighty dollars for recreational vehicle parks, recreation camps and combined park-camps with fifty or fewer sites and one hundred dollars for recreational vehicle parks, recreation camps and combined park-camps with more than fifty sites.

(c) For licenses issued on and after January 1, 2009, eighty-five dollars for recreational vehicle parks, recreation camps and combined park-camps with fifty or fewer sites and one hundred ten dollars for recreational vehicle parks, recreation camps and combined park-camps with more than fifty sites.

(d) For licenses issued on and after January 1, 2010, ninety dollars for recreational vehicle parks, recreation camps and combined park-camps with fifty or fewer sites and one hundred thirty dollars for recreational vehicle parks, recreation camps and combined park-camps with more than fifty sites.

(3) Fees authorized or charged at the rate determined under paragraph (I) of this rule are in lieu of all license and inspection fees on or with respect to operation, ownership or placement of recreational vehicles in recreational vehicle parks, recreation camps, combined park-camps or temporary park-camps within this state except that the licensor may charge additional reasonable fees for the collection and bacteriological examinations of any necessary water samples taken from such a park, camp or park-camp.

(J) The licensor of the district in which a recreational vehicle park, recreation camp, combined park-camp or temporary park-camp is located or to be located, in accordance with Chapter 119. of the Revised Code, may refuse to grant, may suspend or may revoke any license granted to any person for failure to comply with any rule of rules 3701-26-01 to 3701-26-24 of the Administrative Code.

Replaces: 3701-25-54

R.C. 119.032 review dates: 04/30/2013 and 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3729.02 , 3709.09
Rule Amplifies: 3729.02 , 3709.09
Prior Effective Dates: 4/3/1980, 8/31/90 (Emer.), 12/7/90, 5/24/92, 10/31/93, 3/22/97, 1/08/98, 9/24/04, 5/14/07