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 of motor vehicle salvage dealers, salvage motor vehicle pools and salvage motor vehicle auctions, shall consist of the following:

(1) A minimum area of a contiguous fifty thousand square feet. For a motor vehicle salvage dealer that has a salvage business that 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 a contiguous 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 shall 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 facility 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 year round to prevent view of the facility 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 the facility 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 shall be stored behind the fence or enclosure to promote and preserve a positive visual impact of the salvage facility on the surrounding neighborhood. All activities of the salvage facility shall 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 shall be in a building that is a minimum of two hundred twenty-five square feet and includes the following:.

(1) A clearly identifiable area devoted to sales transactions ;

(2) A business telephone in service at all times that shall be answered and identified exclusively for the salvage business. The business telephone number shall be legible and posted in a conspicuous place in public view. A salvage motor vehicle dealer, salvage motor vehicle pool, or salvage motor vehicle auction shall notify the registrar in writing of any change in the business telephone number.

(C) The facility shall be open during the posted business hours and attended by someone who may reasonably assist a retail customer during the posted hours. The business hours shall be legible and posted in a conspicuous place near the entrance of the place of business. A salvage motor vehicle dealer, salvage motor vehicle pool, or salvage motor vehicle auction shall notify the registrar in writing of any change in the posted business.

(D) Each motor vehicle salvage dealer, salvage motor vehicle pool dealer or salvage motor vehicle auction shall post the license in a conspicuous place in the office.

(E) Each motor vehicle salvage dealer, salvage motor vehicle pool , or salvage motor vehicle auction facility shall be equipped with a suitable sign, properly maintained, prominently displayed, and permanent, at or near the entrance of the facility identifying 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.

(F) No two salvage motor vehicle 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: 12/20/2015
Five Year Review (FYR) Dates: 10/05/2015 and 10/05/2020
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4738.11
Rule Amplifies: 4738.11
Prior Effective Dates: 12/1/80, 8/10/81, 12/8/88, 1/1/99, 12/19/10, 02/01/13