4501:1-4-04 Place of business required for motor vehicle salvage dealers, salvage motor vehicle pools and salvage motor vehicle auctions.

(A) The characteristics of the facilities used by motor vehicle salvage dealers, salvage motor vehicle pools and salvage motor vehicle auctions, shall consist of the following:

(1) A minimum area of fifty thousand square feet. For those motor vehicle salvage dealers who certify on the application that the dealer's business is exclusive to motorcycles, motor scooters, and all purpose vehicles as defined in division (B) of section 4519.01 of the Revised Code, a minimum area of five thousand square feet is required. As used in this paragraph, "exclusive" means one hundred per cent of the dealer's business;

(2) Such area to be shielded by a fence meeting the following requirements, except where relieved by zoning rules:

(a) Having a minimum height of six feet with a maximum of ten feet in height.

(b) Such fencing shall shield the premises from ordinary view.

(c) Exceptions to this paragraph must be granted in writing, by the registrar of motor vehicles, provided, however, that no exception shall be granted in contravention of the relevant provisions of sections 4737.07 and 4737.09 of the Revised Code.

(3) A living hedge of equal height and sufficient density to prevent view of the premises may be substituted for the fence. A living hedge may exceed the ten-foot height limitation.

(4) Reasonable consideration shall be given to the topography of the land by enforcement personnel when inspecting premises for such fence or enclosure, provided, however, that this provision shall not be construed to permit violation of the relevant provisions of sections 4737.07 and 4737.09 of the Revised Code.

(5) All inventory of the business will be stored behind the fence or enclosure to promote and preserve a positive visual impact of the salvage yard's business on the surrounding neighborhood. All activities of the salvage yard will be conducted in a manner that will sustain a good visual image.

(6) All non-owned vehicles in storage for the general public shall be held in an area segregated and easily identifiable from the inventory of the licensee. The licensee shall maintain a separate record of all transactions concerning these vehicles.

(B) The office in which such business will be transacted will be in a building of sufficient size to conduct said business with a minimum of two hundred twenty-five square feet. This area shall consist of the following:

(1) An area devoted to sales transactions.

(2) An office to maintain records required to operate business by the licensee.

(C) The regular business hours shall be posted in plain view, and the facility shall be open and attended by someone who may reasonably assist a retail customer during the posted hours.

(D) Records of the business shall be available for inspection during reasonable business hours by board investigators.

(E) Each motor vehicle salvage dealer, salvage motor vehicle pool dealer or salvage motor vehicle auctioneer shall keep his license, or a certified copy thereof, posted in a conspicuous place in each business establishment.

(F) Each motor vehicle salvage dealer, salvage motor vehicle pool dealer, or salvage motor vehicle auction facility shall be equipped with a suitable sign, properly maintained, prominently displayed, and permanent, at or near the entrance to the facility identifying the ownership of the business in the same name in which the application is filed. Sign letters identifying the business shall be no less than six inches high unless otherwise approved by the registrar of motor vehicles.

(G) No two dealers may operate from the same location unless they agree to be jointly, severally and personally liable for all liabilities arising from their operation at the same location. Such agreement shall be filed with the bureau of motor vehicles and made a part of the articles of incorporation of each such dealer filed with the secretary of the state of Ohio. The board may revoke the license of any class of dealers referred to in this rule who operate from the same location without the agreement specified in this paragraph.

Effective: 02/01/2013
R.C. 119.032 review dates: 10/05/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4738.11
Rule Amplifies: R.C. 4738.11
Prior Effective Dates: 12/1/80, 8/10/81, 12/8/88, 1/1/99, 12/19/10