As used in this section and section 3737.842 of the Revised Code:
(A) "Public occupancy" means all of the following:
(1) Any state correctional institution as defined in section 2967.01 of the Revised Code and any county, multicounty, municipal, or municipal-county jail or workhouse;
(2) Any hospital as defined in section 3727.01 of the Revised Code, any hospital licensed by the department of mental health under section 5119.20 of the Revised Code, and any institution, hospital, or other place established, controlled, or supervised by the department of mental health under Chapter 5119. of the Revised Code;
(3) Any nursing home, residential care facility, or home for the aging as defined in section 3721.01 of the Revised Code and any residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults;
(4) Any child day-care center and any type A family day-care home as defined in section 5104.01 of the Revised Code;
(5) Any public auditorium or stadium;
(6) Public assembly areas of hotels and motels containing more than ten articles of seating furniture.
(B) "Sell" includes sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess for sale, or dispose of in any other commercial manner.
(C) Except as provided in division (D) of this section, "seating furniture" means any article of furniture, including children's furniture, that can be used as a support for an individual, or an individual's limbs or feet, when sitting or resting in an upright or reclining position and that either:
(1) Is made with loose or attached cushions or pillows;
(2) Is stuffed or filled in whole or in part with any filling material;
(3) Is or can be stuffed or filled in whole or in part with any substance or material, concealed by fabric or any other covering.
"Seating furniture" includes the cushions or pillows belonging to or forming a part of the furniture, the structural unit, and the filling material and its container or covering.
(D) "Seating furniture" does not include, except if intended for use by children or in facilities designed for the care or treatment of humans, any of the following:
(1) Cushions or pads intended solely for outdoor use;
(2) Any article with a smooth surface that contains no more than one-half inch of filling material, if that article does not have an upholstered horizontal surface meeting an upholstered vertical surface;
(3) Any article manufactured solely for recreational use or physical fitness purposes, including weight-lifting benches, gymnasium mats or pads, and sidehorses.
(E) "Filling material" means cotton, wool, kapok, feathers, down, hair, liquid, or any other natural or artificial material or substance that is used or can be used as stuffing in seating furniture.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Effective Date: 09-29-1995