Lawriter - OAC - 5122-30-11 Inspections.

5122-30-11 Inspections.

(A) Residential facilities shall obtain the following approved inspections:

(1) Inspections required within twelve months of the date of the previous inspection:

(a) Fire inspection by a certified fire authority, the state fire marshal, or a township, municipal, or other legally constituted fire department approved by the chief of the division of state fire marshal of the Ohio department of commerce, unless the facility has been issued a new certificate of use and occupancy within twelve months of the date of initial licensure for initial applications, or previous fire inspection for renewal applications when the facility underwent remodeling necessitating obtaining a new certificate of use and occupancy.

(b) Water supply and sewage disposal system inspection by the local health department for facilities in which these systems are not connected with public services.

(2) Other required inspections

(a) Current food service license, if required by local law.

(b) For initial licensure of facilities licensed for five or fewer household members, an inspection of electrical wiring by a licensed electrical inspector certified pursuant to Chapter 3783. of the Revised Code. Such inspections shall be obtained thereafter if alterations or additions to the electrical wiring are made.

(c) For initial licensure, inspection of the facility heating/cooling system by a licensed heating contractor. For renewal licensure, inspection of the facility heating/cooling system by a licensed heating contractor within twelve months prior to the filing of renewal application. Inspections by licensed heating contractor of the facility heating/cooling system shall be obtained if alterations or additions to the heating/cooling system are made.

(d) Initial licensure of facilities licensed for six or more household members shall obtain building inspection by a certified building inspector or a copy of a certificate of occupancy, for the appropriate use group designation issued by the local certified building department with jurisdiction over the area in which the building or buildings are located or by the department of commerce if there is no local certified building department. The certificate shall certify compliance with the Ohio building code ( OBC), Chapters 3781. and 3791. of the Revised Code. The certificate is required for initial licensure. Following alterations to or modification of the facility, the facility shall submit either a new certificate of occupancy or a certificate of completion. Alterations, additions, or changes in the way the building or structure is approved to be used subsequent to the initial approval shall require submission of plans to the local building authority and approval in accordance with the OBC.

(e) If a facility of any size has obtained the inspection or occupancy certificate as set forth in paragraph (A)(2)(d) of this rule, the facility is exempt from the inspections in paragraphs (A)(2)(b) and (A)(2)(c) of this rule.

(f) The facility shall ensure that it obtains inspections or maintains current permits for the following, as required by law, if applicable:

(i) Elevator inspection.

(ii) Boiler inspection.

(B) Notwithstanding the provisions of paragraph (A) of this rule the department may require, at its discretion, that a facility obtain other inspections if there is reasonable concern about the condition of the facility.

(C) Where the residential facility to be licensed occupies only a portion of the building or structure, the entire building or structure shall be inspected except where there is a fire wall or other fire resistant separation between the part of the building to be licensed and the rest of the building. In this event, the existence of the fire wall or other fire resistant separation shall be verified in writing by the building inspector or fire inspector.

(D) The facility shall obtain any additional inspections, permits, or licenses as may be required by local authorities.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 1/20/2017 and 01/01/2023
Promulgated Under: 119.03
Statutory Authority: 5119.34
Rule Amplifies: 5119.34
Prior Effective Dates: 5-10-1979, 5-1-1981, 1-1-2000