Chapter 5122-31 | Recovery Housing Residences

Rule 5122-31-01 | Applicability and definitions.

• Effective: August 10, 2026
• Promulgated Under: 119.03

The provisions of this chapter apply to any structure in the state of Ohio that is a recovery housing residence, regardless of whether the structure holds itself out to be, or represents itself as, a recovery housing residence.

As used in this chapter:

(A) "Abuse" means any act or absence of action inconsistent with human rights which results or could result in physical injury to a resident unless the act is done in self defense or occurs by accident; any act which constitutes sexual activity, as defined under Chapter 2907. of the Revised Code, when such activity would constitute an offense against a resident under Chapter 2907. of the Revised Code; insulting or coarse language or gestures directed toward a resident which subjects the resident to humiliation or degradation; or depriving a resident of real or personal property by fraudulent or illegal means. For children, "abuse" is as described in section 2919.22 of the Revised Code; "abused child" has the same meaning as in section 2151.031 of the Revised Code.

(B) "Adult" means an individual aged eighteen years or older who is unrelated to the operator of a recovery housing residence.

(C) "Alcohol and drug addiction services" has the same meaning as in section 5119.01 of the Revised Code.

(D) "Board of alcohol, drug addiction, and mental health services" or "board" has the same meaning as in section 5119.90 of the Revised Code.

(E) "Certifiable services or supports" and "certifiable services and supports." depending on the context, means the alcohol and drug addiction services, mental health services, and recovery supports that the department certifies and which are specified in Chapter 5122-29 of the Administrative Code.

(F) "Certification" means the written authorization from the department for a recovery housing residence to operate in accordance with sections 5119.39 to 5119.397 of the Revised Code and the rules in this chapter.

(G) "Child" or "adolescent" means an individual under eighteen years of age or an individual with a severe mental disability under twenty-one years of age.

(H) "Child" or "adolescent" means an individual under eighteen years of age or an individual with a severe mental disability under twenty-one years of age.

(I) "Deficiencies" means violations of standards or inadequate or substandard compliance with the mandates in sections 5119.39 to 5119.397 of the Revised Code or this chapter.

(J) "Department" means the department of behavioral health.

(K) "Director" means the director of behavioral health who is appointed by the governor under section 121.03 of the Revised Code.

(L) "Emergency" means an impending or crisis situation which creates circumstances demanding immediate actions for prevention of injury to the persons or others.

(M) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.

(N) "Hospital" or "inpatient psychiatric service provider" means a psychiatric hospital or psychiatric inpatient unit administered by a general hospital, or a community mental health services provider as defined in section 5119.01 of the Revised Code that provides inpatient psychiatric services.

(O) "Inducement" means the act or process of enticing or persuading another person to take a certain course of action.

(P) "Manager" means the individual responsible for the daily operation of a recovery housing residence. The manager, operator, and owner may be the same individual.

(Q) "Mental illness" has the same meaning as in section 5119.01 of the Revised Code.

(R) "Mental health services" has the same meaning as in section 5119.01 of the Revised Code.

(S) "Neglect" means a purposeful or negligent disregard of duty by an employee or staff member. Such duty is one that is imposed on an employee or staff member by statute, rule, or professional standards and which is owed to the individual served by that employee or staff member.

(T) "Non-ambulatory" means an individual who:

(1) Is unable to get in and out of bed independently;

(2) Is unable to walk without physical assistance from another individual; or

(3) Requires a wheelchair.

(U) "Operator" means the person or government entity that is responsible for the administration and management of a recovery housing residence, who may be the applicant for a recovery housing residence certification, and who may be the approved certificate holder.

(V) "Owner" means the person or government entity who owns a recovery housing residence and to whom the operator of the residence, if different from the owner, is responsible.

(W) "Person," consistent with section 1.59 of the Revised Code, includes an individual, corporation, business trust, estate, trust, partnership, or association.

(X) "Recovery housing residence" has the same meaning as in section 5119.01 of the Revised Code.

(Y) "Recovery supports" has the same meaning as in section 5119.01 of the Revised Code.

(Z) "Resident" means an individual who resides in a recovery housing residence pursuant to a lease agreement and resident agreement with the residence's operator.

(AA) "Staff" means any individual or individuals participating in the physical operation of a recovery housing residence regardless of whether that individual is compensated for that assistance. "Staff" includes the operator when the operator is a participant in the performance of those activities.

(BB) "Substance abuse" means the use of alcohol or any drug by an individual to the extent of physical or psychological dependency on the drug or to the extent that an individual's health, safety, or welfare is endangered.

(CC) "Variance" means written permission granted by the department to a recovery housing residence to meet a modified standard of a rule in the Administrative Code.

(DD) "Waiver" means written permission granted by the department to a recovery housing residence to be exempted from a standard or specific provision of a rule in the Administrative Code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-02 | Registration form.

• Effective: August 10, 2026
• Promulgated Under: 119.03

Consistent with section 5119.391 of the Revised Code, each person or government entity that will operate a recovery housing residence is to file a recovery housing residence registration form on the form the department prescribes for this purpose. The form is to be filed in accordance with the timeframe specified in division (C) of section 5119.391 of the Revised Code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-03 | Certification application and procedures.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) This rule sets forth the procedures for a recovery housing residence to file a notice of intent to operate a recovery housing residence with the department of behavioral health, apply for initial and renewal certification from the department, and correct deficiencies and findings of non-compliance in certification applications.

(B) Notices of intent to operate a recovery housing residence

Consistent with division (B) of section 5119.391 of the Revised Code, a person or government entity that seeks to operate a recovery housing residence is to file a notice of intent to operate a recovery housing residence on the form the department prescribes for this purpose. The form is to be filed in accordance with the time frame specified in division (C) of section 5119.391 of the Revised Code and is to be completed before submission of an application for initial certification.

Thereafter, if there is any change to the information that a person or government entity has previously submitted to the department on the form described in this paragraph, the person or government entity is to file an update with the department on an update form the department prescribes for updates. The update form is to be filed as soon as practicable but not later than ten days after the change is finalized.

(C) Applications for initial certification

(1) A person or government entity that seeks to operate a recovery housing residence is to do all of the following:

(a) Submit an application to the department that consists of all of the following items:

(i) An application form that indicates, at a minimum, the maximum number of residents to live at the recovery housing residence, whether the residence allows children or adolescents of residents to live at the residence, and the maximum number of individuals (residents and household members) that may occupy the residence;

(ii) A copy of the certificate or other document that shows that the recovery housing residence possesses full accreditation in good standing, or its equivalent, from an accreditation organization specified in section 5119.39 of the Revised Code;

(iii) If mandated by applicable law, including the Ohio building code, an approved building inspection;

(iv) If mandated by applicable law, including the Ohio building code, an approved fire inspection;

(v) A non-refundable, non-waivable certification fee of fifteen dollars per bed;

(vi) A line drawing or description of the location and function of all resident and staff areas of the residence; and

(vii) Any other information or documentation requested by the department.

(b) In accordance with rule 5122-31-24 of the Administrative Code, conduct background assessments of individuals specified in that rule.

The department will not approve an applicant on a conditional basis awaiting the results of any background assessment mandated by rule 5122-31-24 of the Administrative Code. Each background assessment is to be completed prior to issuance of certification.

(c) Submit a copy of the application items specified in paragraph (C)(1)(a) of this rule, except for the certification fee, to the board whose service district includes the county in which the applicant seeks to operate the recovery housing residence.

(2) An applicant is subject to an on-site inspection by the department, prior to certification, to determine if the recovery housing residence complies with this chapter.

(D) Applications for renewal certification

An operator that seeks to renew its certification for a recovery housing residence is to take the same actions specified for initial certification in paragraphs (C)(1)(a) to (C)(1)(c) of this rule. These actions are to be completed not later than ninety days prior to the expiration date of the operator's current certification. If the department does not receive a complete application for renewal by the date the operator's certification expires, the operator is not able to receive new residents until full certification is issued. An operator seeking renewal is also subject to an on-site inspection to determine if the recovery housing residence continues to comply with this chapter.

(E) Department review of applications

(1) Following the receipt of an application under paragraph (C) or (D) of this rule, the department will review all items to determine if they are complete.

If determined to be incomplete, the department will notify the applicant of necessary corrections or additions or return the items to the applicant. Incomplete items are not considered an application for certification and return of the items or failure to issue certification does not constitute a denial of an application.

If determined to be complete, the department will review the application items for compliance with this chapter.

(2) If the department determines the application does not comply with this chapter, the department will provide the applicant with a written statement citing areas of non-compliance and, if the department determines that the areas of non-compliance are amenable or subject to correction, specify a timeframe for correction. Failure to accomplish corrections within the established timeframe may constitute grounds for denial of the application for certification. Failure to accomplish corrections within three attempts constitutes grounds for denial and bars the applicant from reapplying for a period of six months.

If the department determines the application complies with this chapter, the department may schedule and conduct an on-site survey of the recovery housing residence.

(3) If the department determines that deficiencies observed during an on-site survey are amenable to correction within a particular time period, the applicant will be provided with a written statement citing the deficiencies and given a timeframe for correction. The department may then mandate that the applicant submit a plan of correction describing how the deficiencies will be corrected in the specified timeframe. The applicant will be notified in writing of the approval or disapproval of its submitted plan of correction.

(4) The department will obtain assurance from an operator that deficiencies have been corrected within the specified timeframe, either through an on-site visit or by receipt of written documentation acceptable to the department.

(5) The department, at its discretion, may consider any other information it deems appropriate in making certification determinations.

(6) Once the department provides an applicant for renewal with a written statement citing areas of non-compliance as described in paragraph (E)(2) of this rule, or a written statement citing the deficiencies observed during an on-site survey as described in paragraph (E)(3) of this rule, the applicant is prohibited from receiving new residents until renewal certification is issued.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-04 | Issuance and conditions on certifications; denial, revocation, and termination of certification.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Issuance of full certification

The department may issue full certification to a recovery housing residence only if the department determines to its satisfaction that the residence complies with certification standards. The certification is to specify the maximum number of residents and, if applicable, household members for the residence in accordance with rule 5122-31-07 of the Administrative Code.

Full certification is valid for two years from the date of issuance.

(B) Issuance of emergency certification

The department may issue emergency certification to a recovery housing residence only in emergency situations as the department determines appropriate. A perceived need for emergency certification is to be reported immediately to the department by telephone or electronic means specified by the department.

The department is to be provided such information concerning the nature and extent of the emergency as is relevant and necessary to determine the need for emergency certification. In the event the department determines that an emergency need exists, the department may authorize, by telephone, the immediate placement of residents in the recovery housing residence to be certified. The department may conduct an on-site inspection to determine a residence's compliance with this chapter.

In the event of deficiencies, the department may do any of the following:

(1) Authorize a variance, with regard to necessary square footage standards, or require the relocation of one or more residents to reduce the degree of non-compliance with square footage standards;

(2) Mandate the immediate correction of deficiencies which are amenable to such immediate correction; and/or

(3) Mandate the immediate relocation of one or more residents if there are deficiencies that cannot be immediately corrected and which constitute a threat to the health or safety of one or more residents.

(C) Conditions on all certifications

All of the following conditions apply to full and emergency certification:

(1) A certification is not transferable to any other residence or structure;

(2) A certification is valid only for the applicant specified in the application and is not transferable or assumable by any other person or government entity;

(3) A certification is to be posted in an area visible to residents and visitors of the recovery housing residence at all times and is to be made available for inspection to any person or government entity that requests it;

(4) A certification is not to be altered, modified, or defaced in any way;

(5) The department may conduct surveys or inspections of certified recovery housing residences, as it deems necessary and appropriate, to determine initial or continued compliance with certification standards, whether deficiencies have been corrected, or upon a complaint or allegation of certification violations by any person or government entity. Inspections or surveys may be unscheduled and unannounced and may include all areas of a residence regardless of resident access. Acknowledging landlord-tenant law, the department will ensure that owners and operators are aware that failure to grant access to a recovery housing residence will result in delays to investigations or surveys and/or certification.

(6) The department will have access to all of the following pertaining to a recovery housing residence, as the department determines necessary and appropriate:

(a) The records, accounts, and other documents relating to the operation of the residence;

(b) All areas of the residence; and

(c) The operator, staff, and residents.

(7) The owner or operator is responsible for notifying the department of any of the following:

(a) Changes or proposed changes concerning the information submitted and attested to in any application for initial or renewal certification;

(b) Changes or proposed changes concerning operation of the residence that would affect the residence's certification status or continued compliance with certification standards; and

(c) Loss of accreditation from an organization specified in division (A)(2) of section 5119.39 of the Revised Code.

(D) Denial and revocation of certification

(1) The department may revoke certification or deny the issuance of any initial or renewal certification of a recovery housing residence, as applicable, if any of the following is the case:

(a) The residence is not in compliance with the standards for certification in this chapter;

(b) The residence has been cited for a pattern of serious noncompliance or repeated violations of statutes or rules during the current period of certification or previous certification periods;

(c) The owner, operator, or manager of the residence submits false or misleading information as part of any certification application or investigation;

(d) The owner, operator, or manager of the residence is or has been the owner, operator, or manager of any recovery housing residence in this state, or an individual with a financial interest in any recovery housing residence in this state, that has had a certification revoked or denied for any reason other than nonpayment of the certification fee unless any of the following is true:

(i) A minimum period of twenty-four months has passed from the date of the director's order revoking or denying renewal of the certification; and

(ii) The revocation or non-renewal was not due to any act or omission that violated the resident's right to be free from abuse, neglect, exploitation, or inducement.

(2) The denial of an application for renewal certification or the revocation of full certification is subject to proceedings under Chapter 119. of the Revised Code. The denial of initial certification or revocation of emergency certification, however, is not subject to proceedings under Chapter 119. of the Revised Code and is solely at the discretion of the department.

(3) All residents of a recovery housing residence are to be immediately notified in writing by the residence's operator if the residence loses certification and/or the residents are to be moved to another recovery housing residence. If a resident receiving such notice is receiving certifiable services or supports, the operator is to notify the resident's community behavioral health services providers and the appropriate board about the loss of certification and/or movement. If a resident receiving such notice is involved in the criminal justice system, the operator is also to notify the appropriate court about the loss of certification or movement. Any treatment provider, local ombudsperson, or other entity may assist with finding another certified recovery housing residence or other appropriate placement for a resident.

(4) A recovery housing residence that is in the process of the denial or revocation of certification remains subject to all standards and conditions of certification except that the residence may not receive any new residents during the Chapter 119. proceeding.

(5) In proceedings to deny, refuse to renew, or revoke certification, the department may deny, refuse to renew, or revoke a certification regardless of whether some or all of the deficiencies that prompted the proceedings have been corrected at the time.

(E) Submission of incomplete items for an application

The submission of incomplete items for any application for certification is considered a failure to submit an application for certification. The non-issuance of an initial or renewal certification due to an incomplete application is not considered the denial of a certification as described in paragraph (E) of rule 5122-31-03 of the Administrative Code or the revocation of certification. Any application that remains incomplete after six months will be considered abandoned and will no longer be able to be completed.

(F) Termination of certification

(1) A recovery housing residence certification is considered terminated and invalid in all of the following circumstances:

(a) The operator has discontinued involvement as an operator;

(b) The structure to which the certification attached no longer operates as a recovery housing residence, as in situations resulting from change of use, relocation, destruction, or loss of the facility, etc.; and

(c) An application for renewal has not been received by the department prior to the expiration of the certification.

(2) The termination of a certification, as specified in paragraph (F)(1) of this rule, is not considered a denial or revocation of a certification and is not subject to proceedings governed by Chapter 119. of the Revised Code. If the department determines that circumstances exist as specified in paragraph (F)(1) of this rule, the department will issue a letter to the operator and appropriate board specifying the date of termination of the certification.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-05 | Uncertified recovery housing residences.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) A residence or other structure that is subject to certification as a recovery housing residence is to apply for and receive certification in accordance with this chapter.

(B) The department may investigate any residence or other structure that has been reported to the department or that the department has reason to believe is in violation of division (A) of section 5119.392 of the Revised Code. In conducting such an investigation, the department is to have full access to all areas of the residence or other structure, as well as to all persons, records, and documents, as necessary and appropriate, to determine if the residence or other structure is a recovery housing residence subject to certification.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-06 | Waivers and variances.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) A recovery housing residence may submit a dated, written request to the department for a waiver or variance. The written request is to clearly state the rationale and need for the requested waiver or variance and the consequence of not receiving approval of the request.

(B) Upon receipt of a written request for a waiver or variance that provides a clear and valid statement of need, the department in its discretion may grant a waiver or variance for a period of time determined by the department that does not exceed the expiration date of the current certification.

(C) The department will acknowledge and respond to the waiver or variance request within thirty days of receipt by the department.

(D) The department's refusal to grant a waiver or variance, in whole or in part, is final and not subject to an adjudication under Chapter 119. of the Revised Code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-07 | Maximum resident and household capacity.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) The department is to determine the maximum number of residents and maximum number of household members for which each recovery housing residence will be certified and state the maximum number on the certification issued to the residence.

(B) The maximum number of residents and household members for which a recovery housing residence is certified is to be based on the standards in rule 5122-31-12 of the Administrative Code.

(C) A recovery housing residence is to notify the department's bureau of licensure and certification, in writing, prior to allowing any additional individuals to reside in the residence for more than forty-eight hours if the residence will exceed the maximum number of household members identified on the certification. Additional individuals may reside in a residence for no longer than fourteen days in a year, except that this limitation does not apply to any dependent child or adolescent of a resident when the resident has temporary visitation rights of their child or adolescent.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-08 | Fines.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) With respect to recovery housing residences, no person is to do any of the following:

(1) Violate division (A) of section 5119.392 or section 5119.395 or 5119.396 of the Revised Code;

(2) Violate any condition of recovery housing residence certification after having been granted certification;

(3) Interfere with a state or local official's investigation of, or regulatory authority over, a recovery housing residence; or

(4) Violate any rule of this chapter.

(B) Whoever violates paragraph (A) of this rule is liable for a civil penalty of five hundred dollars for the first offense and one thousand dollars for each subsequent offense. A person or government entity is liable for an additional civil penalty of five hundred dollars or one thousand dollars, as applicable, for each thirty-day period the original penalty remains unpaid.

(C) If the violator does not pay fines levied in accordance with this rule, the attorney general, upon the request of the director of behavioral health, is to bring a civil action to collect thefines. Fines collected pursuant to this rule will be deposited in the state treasury to the credit of the department's sale of goods and services fund.

(D) If a recovery housing residence is not certified and operating after eighteen months since its first resident began occupying the residence, the uncertified recovery housing residence is in violation of division (A) of section 5119.392 of the Revised Code and subject to paragraphs (B) and (C) of this rule.

(E) Nothing in this rule affects the director of behavioral health's authority under division (B) of section 5119.392 of the Revised Code to seek an order enjoining the operation of a recovery housing residence that is in violation of division (A) of section 5119.392 of the Revised Code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-09 | Inspections.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) A recovery housing residence may need certain inspections falling into two categories: inspections within twelve months of the date of a previous inspection and "other inspections."

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

If mandated by applicable law (including the Ohio building code (OBC)) for the type of building or structure the recovery housing residence occupies, both of the following within twelve months of the date of a previous inspection:

(a) 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 department of commerce; and

(b) A water supply and sewage disposal system inspection by the local health department.

(2) Other needed inspections

If mandated by applicable law for the type of building or structure the recovery housing residence occupies (including the OBC) and, depending on whether the residence supplies food and the food-related activities that occur at the residence, all of the following inspections:

(a) A current food service license.

(b) An inspection of electrical wiring by a licensed electrical inspector certified pursuant to Chapter 3783. of the Revised Code. In addition, another such inspection is to be obtained any time alterations or additions to the electrical wiring are made.

(c) An inspection of the residence's heating/cooling system by a licensed heating contractor. In addition, another such an inspection is to be obtained any time alterations or additions to the heating/cooling system are made.

(d) For initial inspection of a recovery housing residence for ten or more household members, a building inspection by a certified building inspector or a copy of a certificate of occupancy for the appropriate group designation issued by the local certified building department with jurisdiction over the area in which the residence is located or by the department of commerce if there is no local certified building department. The certificate is to certify compliance with the OBC and Chapters 3781. and 3791. of the Revised Code.

Following alterations to or modification of a residence, the residence is to comply with applicable law, including the OBC, and submit plans to the local building authority. Thereafter, the residence is to submit either a new certificate of occupancy or a certificate of completion to the department.

(e) An elevator inspection.

(f) A boiler inspection.

(g) Any other inspection that is mandated by a local authority or that the department determines necessary when the department has a reasonable concern about the condition of the residence.

(B) If a recovery housing residence occupies only a portion of a building or structure, the entire building or structure is to be inspected except where there is a fire wall or other fire-resistant separation between the part of the building or structure to be certified and the rest of the building or structure. In this event, the existence of the fire wall or other fire resistant separation is to be verified in writing by the building inspector or fire inspector.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-10 | Safety.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) As used in this rule:

(1) "Rules of the board of building standards" means the rules adopted by the board of building standards in accordance with Chapter 3781. of the Revised Code including the Ohio building and Ohio residential construction codes.

(2) "State fire code" means the state fire code adopted in accordance with section 3737.82 of the Revised Code.

(3) "Fire code official" has the same meaning as specified in the state fire code.

(B) Each recovery housing residence is to be constructed, occupied, altered, maintained, repaired, and used in accordance with the rules of the board of building standards and the state fire code.

(C) Each recovery housing residence is to have smoke detectors and carbon monoxide detectors that are installed, operated, and maintained in accordance with the rules of the board of board of building standards, as well as the state fire code.

(D) Each recovery housing residence is to have fire extinguishers that meet both of the following criteria:

(1) Are installed, operated, and maintained in accordance with the rules of the board of building standards and the state fire code; and

(2) Are located on each floor of the residence in areas near bedrooms and in areas specified by a fire code official.

In the event fire extinguishers are not on each floor and the time of day prohibits their purchase, staff is to remain awake and on duty twenty-four hours a day until detectors and extinguishers can be purchased and installed.

(E) Smoke detectors and fire extinguishers are to be visually inspected and manually tested by the operator as required by the state fire code.

(F) Each recovery housing residence is to have installed appropriate alarms, lights, other safety devices and supports, or emergency equipment as may be mandated by a certified state or local fire official and/or the department in order to meet the needs of residents with disabling conditions.

(G) All stairways, hallways, inclines, ramps, open porches, elevators, fire escapes, exits, and doorways are to be well-lit and free of debris and obstructions. If requested by a resident, night lights will be provided in the residence in appropriate places as determined by the operator.

(H) Windows, screens, ceilings, walls, and floors are to be in adequate repair.

(I) Each recovery housing residence will have written emergency evacuation plan drawings showing routes to exits. The evacuation plan is to be legible, explained to each resident, and posted, at a minimum, on each floor in highly visible locations.

(J) Each recovery housing residence will hold and provide documentation of an evacuation drill at least quarterly on each shift for all staff and residents. Drills are to be conducted at different and varying times of day and night and utilize different exit routes.

(K) Each recovery housing residence will establish a disaster plan appropriate to the residence's location, which includes contingencies for such items as the loss of utility service or the immediate evacuation of residents. The residence is to determine and document the obligations for training and disaster drills based on the residence's disaster plan, except fire evacuation drills, and provide training and drills accordingly.

(L) A recovery housing residence with nine or more ambulatory residents is to have a combined smoke detector and fire alarm system. The fire alarm system is to be installed in accordance with the rules of the board of building standards and the state fire code. Such systems will include approved bells, sirens, or horns, lights for hearing impaired residents, if served, and manual fire alarm boxes. All smoke detectors are to be interconnected with the fire alarm system. Smoke detection devices are to be located in the immediate vicinity but outside of all bedrooms. Two independent means of exit are to be provided for each occupied floor and occupied cellar level. The two independent means of exit are to be approved by the fire code official. The residence is to maintain and test the alarm system in accordance with state fire code and have documentation of testing.

(M) A recovery housing residence in which one or more of the residents is non-ambulatory is to have smoke detectors, a fire alarm, and two independent means of exit for each occupied floor and cellar. The two independent means of exist are to be approved by the fire code official.

(N) The telephone numbers of the fire department, police department, and other emergency numbers (e.g., 9-1-1 and 9-8-8) are to be prominently displayed within a common area of the residence.

(O) First aid supplies are to be readily available in the recovery housing residence and, in applicable, each vehicle used to transport residents. Supplies are to be accessible to all adult residents and staff.

(P) All disinfectants, poisons, pesticides, and/or other substances defined as hazardous in Chapter 3716. of the Revised Code are to be correctly labeled, placed in proper containers, and stored separately from food products.

(Q) All exterior and interior steps and floor coverings are to be kept in good repair and maintained to avoid falls and other injuries.

(R) All interior and exterior door handles and locks are to be kept in good repair so they can be readily and easily operated.

(S) Residents are not to be locked out of a recovery housing residence. If the residence is locked during any portion of the twenty-four hour day, each resident is to be provided with a working key or staff is to be immediately available on the premises to open the door for any resident.

(T) All lockable doors are to be capable of being opened without delay from the inside without the use of a key, special knowledge or effort, such as by standard operation of a door with a handle or knob, installation of panic bars, release of a dead bolt, etc. At no time may a resident be locked in any room in the residence.

(U) No explosives, pyrotechnics, firearms, chemical weapons, or other similar weapons or substances are to be maintained or available in a recovery housing residence or on its premises. No household member is to bear any firearm, chemical weapon, or other weapon or similar device while such individual is on the premises of the residence. Nothing in this paragraph may be construed as prohibiting law enforcement authorities from bearing arms in conjunction with their official capacity.

(V) Outdoor areas that are potentially hazardous to residents are to be reasonably safeguarded considering the functioning level of the residents. Such areas include water areas (e.g., lakes, ponds, swimming pools); cliffs and caves; open pits and wells; and heavily traveled roads. Playground equipment is to be anchored securely.

(W) No smoking or vaping is permitted inany interior room or other interior space of the residence.

(X) All workshop or outdoor power equipment is to be maintained and operated in a safe manner. Outdoor power equipment is to be stored in locations outside of the structure, or an attached garage, as approved by a fire code official.

(Y) A portable heater may be used if all of the following are the case:

(1) The portable heater is not the primary heat source for the recovery housing residence;

(2) The portable heater is plugged directly into a receptacle and is not plugged into an extension cord;

(3) The portable heater has been approved by the underwriter's laboratory and the fire code official; and

(4) Use of portable heaters is not barred by any local ordinance or the state fire code.

(Z) Pets or domestic animals, in or on the premises of a recovery housing residence, are to be kept in a safe and sanitary manner in accordance with state and/or local laws.

(AA) Interior and exterior stairways accessible to children are to be protected by child safety gates or doors according to the child's age and functioning level.

(BB) Any bathtub or shower in the home that is used by residents is to have bathroom surfaces appropriate to the residents, such as non-skid surfacing and handrails or grab bars.

(CC) There are to be no combustible items stored within three feet of heat sources.

(DD) All stairways, inclines, ramps, and open porches are to have hand railings installed in accordance with the rules of the board of building standards.

(EE) The recovery housing residence is not to utilize extension cords and flexible cords in the following manners: as a substitute for permanent wiring; affixed to structures; extended through walls, ceilings, floors, under doors or floor coverings; with evidence of environmental damage; with evidence of physical impact; or with the use of multiple plug adapters, such as cube adapters, unfused plug strips, or any other device that does not comply with the national fire protection association standard referenced in the state fire code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-11 | Nutrition and food safety.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) If a recovery housing residence supplies food to residents, the residence is to ensure all food is procured, stored, prepared, transported, distributed, and served in a manner that protects it against contamination and spoilage from the time of procurement to time of consumption.

(B) Each recovery housing residence is to have appropriate and adequate kitchen and kitchen equipment that is functional, in good repair, and accessible by residents.

(C) Each recovery housing residence is to ensure all equipment, utensils, kitchenware, tableware and surfaces upon which food comes in contact while in preparation, including but not limited to, counter tops, cutting boards, and thawing trays, are easily cleanable. Such items are to be cleaned after use or disposed.

(D) Each recovery housing residence is to provide safe drinking water which is to be readily accessible to residents at all times. Bottled or similarly packaged potable water is to be obtained only from appropriately-regulated sources and is to be handled, stored, and dispensed in a manner that protects it from contamination.

(E) A recovery housing residence is not to be licensed as a food service operation under Chapter 3717. of the Revised Code unless mandated to be licensed as such by local or state law. A residence that is not licensed as a food service operation is to comply with the standards of this rule for food procurement and protection.

(F) If applicable, recovery housing residence staff is to ensure that meals which are prepared in one food preparation area of the residence for transport or distribution to another area of the residence are transported in a safe and sanitary manner to prevent contamination.

(G) Meals intended for consumption on-site by residents of a recovery housing residence, but prepared off-site, are to be obtained by residence staff only by a source licensed as a food service operation under Chapter 3717. of the Revised Code.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-12 | Sleeping and living space.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each recovery housing residence is to have a minimum of seventy square feet per resident for a single occupancy bedroom and a minimum of fifty square feet per resident for a multiple occupancy bedroom. Regardless of the availability of the square footage, no more than four residents may share a bedroom in a recovery housing residence.

(B) Each resident of a recovery housing residence is to be provided with a bed that has springs or other means of support and a mattress in good and sanitary condition. Rollaway beds, hide-a-beds, inflatable beds, or cots are not to be used. Waterproof mattress covers are to be provided for residents needing them. In a residence with at least one child or adolescent household member, bunk beds may be used but are to be equipped with safety rails on the upper tier for household members under ten years of age or for any resident whose condition indicates the need for such protection. No beds are to be bunked higher than two tiers.

(C) Bedrooms for residents are not to be in areas such as cellars, basements, hallways, dining rooms, porches, or attics, except that a finished basement bedroom is permitted with appropriate egress. Each bedroom is to be adequately ventilated and have at least one screened window to the outside. Bedroom window exceptions may only be granted by local building code officials or certified fire authorities.

(D) Bedrooms for non-ambulatory individuals are to be on a floor that exits directly to the ground level.

(E) The entrance to a resident's bedroom is not to be through another bedroom or bathroom. Each resident's bedroom should have a standard door that can be securely closed. The bedroom is to have sufficient space to accommodate the unobstructed passage of wheelchairs and walkers between beds and other items of furniture.

(F) Residents may only share a bedroom with other residents; they are not to share a bedroom with staff of a recovery housing residence. Dependent children or adolescents of a resident may only share a bedroom with the resident who is their parent or guardian.

(G) Locks on bedroom doors are to meet both of the following criteria:

(1) Be capable of being opened from the inside without the use of a key, such as by pushing a panic bar, releasing a deadbolt, or using similar means. The lock is also to be capable of being opened from the outside. The residence is to provide each resident with a key to his or her bedroom if it has a keyed lock; and

(2) Have duplicate keys or a master key available and accessible to staff members on duty at all times for use in emergency situations.

(H) Adequate drawer and closet space is to be provided for each resident to store his or her own clothes and personal belongings. Residences where children or adolescents reside or visit are to have some storage space in bedrooms and may have storage in other areas of the residence that are monitored by staff.

Each recovery housing residence is to develop a policy regarding the residence's access to the resident's locked storage space and inform the resident of this policy before the lease is signed.

(I) Each bedroom is to be furnished in a manner comparable to other bedrooms in the recovery housing residence. Residents are to be permitted to personalize their bedrooms, as appropriate.

(J) Each recovery housing residence is to have a space large enough to allow all residents to convene simultaneously for gatherings and activities, such as house meetings and social events. The space is to contain enough furnishings so that all residents may have a seat during the gathering or activity.

(K) Each recovery housing residence is to have a living area where residents may engage in social, recreational, and leisure activities on a daily basis. The area is to be well-lit, adequately heated and ventilated, and have at least one working television. The living area is not to be used as a bedroom by any individual.

(L) Each recovery housing residence is to have a dining area where residents can eat meals. The dining area, table, and seating places are to be of sufficient size and number to allow residents to eat comfortably together at one time. All furniture is to be comfortable, safe, and functional.

(M) Each recovery housing residence is to have adequate indoor toilet, lavatory, and bathing areas equipped with hot and cold running water. Hot water is to be between one hundred five and one hundred twenty degrees fahrenheit.

At least one toilet and one lavatory is to be provided for each six household members in the residence. At least one bath tub or one shower is to be provided for each eight household members in the residence. Accessibility to toilets, lavatories, bathtubs, and showers for resident use is not to be through another bedroom or bathroom. Toilet, lavatory, and bathing areas are to provide individual privacy.

(N) Each recovery housing residence is to provide laundry equipment and supplies or laundry services. A residence may provide a washer and dryer or may provide residents with transportation to and from a laundromat. If laundry equipment and supplies are provided on the premises of the residence and the residence has child or adolescent household members, the laundry equipment and supplies are to be in an area of the residence readily observable by staff.

(O) Each recovery housing residence is to have at least one working refrigerator for every five residents. Each refrigerator is to always be unlocked and accessible to residents.

(P) Each recovery housing residence is to be accessible and available to residents at all times consistent with written house rules and policies and procedures concerning the comfort, security, and respect for the rights of all residents. Residents are not to be mandated to vacate the residence for any specified time period, such as when staff or the operator is absent.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-13 | Housekeeping and property maintenance.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) A recovery housing residence is to meet applicable standards of the department of health or certified local health departments regarding the proper cleaning of dishes and utensils, as well as the proper storage, preparation, and serving of food. Where mandated, the residence is to obtain a food service permit.

(B) A recovery housing residence is to utilize sufficient and appropriate garbage and refuse receptacles. Such receptacles are to be durable and, except for individual room wastebaskets, are to be kept covered with a tight-fitting lid. Trash receptacles are to be located in appropriate places throughout the residence and be emptied as necessary for hygienic purposes.

(C) A recovery housing residence is to be kept free of offensive or unpleasant odors.

(D) A recovery housing residence is to provide for the prompt, thorough, and routine cleaning of all areas of the residence, including all bathroom fixtures, kitchen appliances, refrigerators, counters, sinks, tubs, commodes, and floors. Dining areas are to be appropriately cleaned after meals and dishes washed and stored. A residence is to provide all necessary and appropriate household cleaning supplies.

(E) A recovery housing residence resident is to have access to general use items including, but not limited to, bath soap, toilet paper, sheets, pillowcases, pillows, blankets, and towels. Sufficient supplies of such items are to be stored in an area directly accessible to, and obtainable by, residents. Soap and toilet paper are always to be available in bathrooms. No resident is to be mandated to sleep on soiled sheets.

(F) A recovery housing residence is to provide at least one set, per resident, of permanent dishes, cups, glasses, and flatware. All such items are to be free of defects that create a hazard to the user.

(G) Each resident's responsibility for assisting with the cleaning and maintaining an acceptable housekeeping standard for the recovery housing residence is to be specified in the resident agreement between the operator and resident. Regardless of the resident agreement, the operator remains solely responsible for assuring a clean residence.

(H) A recovery housing residence is to make reasonable efforts to be entirely free of insects and rodents. If the department determines, in its sole discretion, that a residence needs insect or rodent removal or exterminator services, the residence is to provide for such services.

(I) A recovery housing residence is to maintain room temperatures appropriate for the comfort and health of residents but is not to have the temperature of any room of the residence be below sixty-five degrees fahrenheit or above eighty-one degrees fahrenheit.

(J) Each resident in a bedroom containing separate heating and cooling systems who is capable of controlling them may maintain the temperature of their bedroom at any level they desire except the residence is to take appropriate intervention if a resident's desired temperature level adversely affects or has the potential for adversely affecting the health and safety of the resident or the health, safety, and comfort of any other resident sharing the same bedroom.

(K) A recovery housing residence is to develop a plan for responding to temperatures outside the range specified in paragraph (I) of this rule. The plan is to include measures to be taken to ensure the health, safety, and comfort of residents.

(L) A recovery housing residence is to provide for interior and exterior repairs to promote an acceptable appearance of the residence and be free from hazards. The need for re-plastering, painting, repair or replacement of flooring, replacement of furniture, or the repair of sidewalks, steps, windows, porches, ceilings, and roofs is to be assessed by the department during routine inspections and prior to the issuance or renewal of certification. The department may mandate that a residence complete repairs before receiving certification or having certification renewed.

(M) A recovery housing residence is to provide for the proper maintenance of the exterior of the premises. The premises is to be kept free of trash. Lawns and shrubbery are to be appropriately maintained to promote an acceptable appearance.

(N) All structures of a recovery housing residence are to be maintained in a clean, safe, and sanitary condition, as well as a reasonable state of repair.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-14 | Incident notification and risk management.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) The purpose of this rule is to establish standards to ensure that recovery housing residences promptly and accurately notify the department of incidents specified in appendix A to this rule. This rule also mandates recovery housing residences to review and analyze all incidents to identify issues and implement corrective measures designed to prevent reoccurrence and manage risk.

(B) Definitions

(1) "Board of residence" means the board that is responsible for referring a resident to a recovery housing residence or paying for the resident's housing.

(2) "Incident" means an event that poses danger to the health and safety of residents and/or staff and visitors of a recovery housing residence.

(3) "Reportable incident" means an incident, specified as a reportable incident in appendix A of this rule, that is to be reported to the department by a recovery housing residence.

(C) Incident reporting system

A recovery housing residence is to develop a policy concerning its reporting of reportable incidents to the department. In addition, the residence is to develop an incident reporting system that includes a mechanism for the residence's review and analysis of reportable incidents and other incidents to ensure that activities are undertaken to identify, evaluate, and reduce risk to residents, staff, and visitors. In the policy and system, the residence is to identify what constitutes an "other incident" as referenced in this paragraph. Under the reporting system, all of the following are to be the case:

(1) The residence will maintain a log of its reportable incidents and other incidents for department review.

(2) The residence will periodically review and analyze reportable incidents and other incidents.

(3) Residence staff will submit a written incident report to the residence's operator or the operator's designee not later than twenty-four hours after the discovery of the reportable incident.

(D) Abuse or neglect reports

(1) A person who has knowledge of any instance of abuse or neglect, or alleged or suspected abuse or neglect, of a child or adolescent is to immediately notify the appropriate public children's services agency or peace officer of that knowledge in accordance with section 2151.421 of the Revised Code.

(2) A person who has knowledge of any instance of abuse or neglect, or alleged or suspected abuse or neglect, of an adult aged sixty or over is to immediately notify the appropriate county department of job and family services of that knowledge in accordance with section 5101.63 of the Revised Code.

(E) Submission of reports to the department

A recovery housing residence is to submit a report to the department regarding each occurrence of a reportable incident. If more than one category or incident is applicable per occurrence, then all are to be reported in the same report. The report is to include all of the following information:

(1) The name of the recovery housing residence;

(2) The date of the incident;

(3) The date of the discovery of the incident;

(4) The date the incident was reported to the department;

(5) The type of incident and the incident report category;

(6) Information regarding all residents and household members involved with the incident that has been deidentified with all personally identifiable information removed; and

(7) Information regarding all staff and, if applicable, visitors involved with the incident.

A recovery housing residence is to submit a report under this paragraph to the department and appropriate board of residence not later than twenty-four hours after discovery of the incident, excluding weekends and holidays. If after submitting a report a recovery housing residence learns that the incident involves an additional incident report category, the residence, within the aforementioned timeframe, is to either amend the report or submit a new incident report including only the new incident category and information.

(F) The department may initiate follow-up and further investigation of a reportable incident as the department determines necessary and may request a follow-up and further investigation by the residence itself, the board of residence, any law enforcement agency, or any professional licensing or regulatory agency of this state.

A board is authorized to inspect any recovery housing residence for which it provides funding for the community behavioral health services provided to the residence's residents.

View Appendix

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-15 | Requirements for persons with disabling conditions.

• Effective: August 10, 2026
• Promulgated Under: 119.03

Each recovery housing residence in which one or more of the residents has a physical disability will make reasonable accommodations including, but not limited to:

(A) Making the recovery housing residence readily accessible to and usable by persons with a physical disability; and

(B) Providing all communications to residents in a manner that is accessible and understandable to them, which may include the use of readers, interpreters, braille, large print, or providing appropriate telecommunication relay services (TRS).

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-16 | Administration and management.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each recovery housing residence will ensure appropriate policies and procedures regarding the administration and management of the recovery housing residence including compliance with the requirements for certification. This responsibility includes, but is not limited to:

(1) Arranging for necessary permits and inspections, and paying all fees and costs associated with inspections;

(2) Daily monitoring and supervising staff and volunteers, as applicable, to ensure acceptable performance of assigned job duties and compliance with the requirements for certification;

(3) Participating in an appropriate and cooperative working relationship with the board and the department;

(4) Reporting to the department any change regarding recovery housing residence operation or use that relates to the requirements for certification;

(5) Reporting to the department a current emergency contact telephone number for the operator and manager;

(6) Securing appropriate, alternative responsibility for the operation and staffing of the recovery housing residence for planned or unplanned staff/operator absence;

(7) Consistently maintaining the finances necessary for the stable and safe operation of the recovery housing residence;

(8) Maintaining a stable and supportive environment for residents of the recovery housing residence, through respect for the rights of residents, as well as sensitivity and responsiveness to resident's needs, preferences, and culturally competent services and care;

(9) Knowledge of and compliance with federal, state, and local laws concerning the ownership and operation of the recovery housing residence, including, but not limited to, zoning requirements or equal opportunity employment practices; and

(10) Ensuring each resident is able to choose their own treatment provider and that a resident's continued tenancy in a recovery housing residence is not dependent on their choice of treatment provider.

(B) The operator may delegate their responsibilities for the administration and management of the recovery housing residence to a specific person(s) who will be authorized in writing to implement the operator's responsibilities and sign necessary and appropriate documents for the operator, including, but not limited to, the application for certification, reportable incidents, plans of correction, etc. The written authorization will be retained in the recovery housing residence. The person(s) to whom the operator's responsibilities are delegated may also perform resident-related activities of the recovery housing residence as staff of the recovery housing residence but will be subject to staff qualifications and requirements as stated in rules 5122-31-17 and 5122-31-18 of the Administrative Code.

(C) The recovery housing residence will have proof of ownership of the residence or a signed agreement from the recovery housing residence owner indicating that the owner permits the use of the residence as a recovery housing residence.

(D) The utility services, including cable and internet, for the recovery housing residence will not be in the name of the residents.

(E) If any utility service account for the recovery housing residence is thirty days past due, the recovery housing residence receives a past due notice or disconnection notice, or utility service is disconnected, the operator is to notify the department within one business day.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-17 | Qualifications of operator and staff.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each operator and staff member will:

(1) Be at least eighteen years of age;

(2) Demonstrate adequate communication skills to perform duties and responsibilities associated with the recovery housing residence in meeting the needs of the residents; and

(3) Be able to perform required responsibilities and duties. If there is reason to doubt a staff member's ability to carry out responsibilities and duties in the recovery housing residence for health reasons, the department may require the operator to obtain a physician's statement assuring that the staff member is able to perform their required responsibilities and duties.

(B) All staff monitoring self-administration of medication will be trained according to the standards in paragraph (C) of this rule and will also receive training from a registered nurse, physician, or other department-approved entity regarding:

(1) The proper usage of medications, intended effects, and potential side effects. This will include all medication (psychotropic and otherwise) used by residents in the recovery housing residence;

(2) Identification of medication by type and dosage; and

(3) Safe procedures for monitoring of self-administration of medication in accordance with rule 5122-31-22 of the Administrative Code.

(C) Each staff member in contact with residents will have completed training in:

(1) The provision of life-safety measures, including:

(a) In-person training for:

(i) Standard first aid, or an appropriate equivalent that includes emergency management of physical injuries, respiratory distress;

(ii) CPR;

(iii) Overdose reversal medication;

(iv) Fire and other disaster procedures; and

(v) Securing medical and psychiatric emergency assistance.

(2) Resident rights and grievance procedures.

(3) Provisions of state law concerning the reporting of abuse or neglect, including but not limited to, children and the elderly.

(D) Each staff member will have written evidence of successfully completed prior training, or will successfully complete training described in paragraph (C) of this rule, within thirty days of employment. Untrained staff who are within the first thirty days of employment or who have not completed all training will only work directly with trained staff.

(E) Renewal of training will be consistent with time frames established by entities providing the training, such as an approved CPR course, or, in the absence of established time frames for renewal, annually, and will be consistent with changes or advances made in a given area of training, such as changes in provisions of law concerning abuse and neglect reporting. Documentation of training will be maintained in the personnel record.

(F) All owners and operators will complete at least six hours of continuing education relevant to business acumen and ethics during each licensure period. Training received as part of the accreditation process will meet this requirement.

(G) All owners and operators will understand that no clinical services will be provided in the recovery housing residence. All owners and operators will also acknowledge that a resident has the right to receive behavioral health services and/or medical services from a provider of the resident's choosing.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-18 | Staffing requirements.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each recovery housing residence will do all of the following:

(1) Ensure that staffing is appropriate to accreditation of the recovery housing residence and individual needs of each resident;

(2) Specify the minimum staffing pattern of the recovery housing residence in writing;

(3) Ensure that no resident will be required to vacate the residence or will not have access to the residence at any time because of the absence of available staff, unless it is a condition of the resident's recovery plan;

(4) Ensure that at least one staff member is available on or off the premises to residents twenty-four hours per day; and

(5) If the recovery housing residence is locked during any portion of the day, ensure that a staff member is immediately available on the premises to open the door or each resident will be provided with a key. An emergency contact number will also be posted at all times on the outside of the recovery housing residence in an easily accessible and viewable area, e.g.,a door or first floor window.

(B) A recovery housing residence that uses volunteers or students to perform normal staff functions will have a written policy for screening, orientation, training, supervising, and assigning volunteers and students, as appropriate, to the functions to be performed.

(C) Volunteers or students whose duties include the same general duties as staff will be trained in the mission of the recovery housing residence to which they are assigned.

(D) Volunteers or students whose duties include the same general duties as direct care staff will receive training in accordance with rule 5122-31-17 of the Administrative Code and will be appropriately supervised by provider staff.

(E) Volunteers or students for practicum experience will be given specific written job descriptions delineating the functions to be performed.

(F) A recovery housing residence that accepts students for practicum experience will have a written agreement with each school placing students. This agreement will, at a minimum, include:

(1) A statement of the students' roles and responsibilities;

(2) A description of the minimum qualifications the students willpossess; and

(3) A statement outlining the respective supervisory and evaluation responsibilities of the provider and the placing school.

(G) The operator will establish a schedule for staff coverage that includes coverage during vacations, emergency situations, and long-term absences due to illness.

The operator will designate another staff member who can be contacted immediately in case of emergency.

(H) At any time a resident is present, including non-waking hours, weekends, and holidays, with one or more of the following needs, the recovery housing residence will ensure the physical presence in the recovery housing residence of at least one staff member who is qualified in accordance with rule 5122-31-17 of the Administrative Code:

(1) The resident is non-ambulatory;

(2) The resident is prescribed one or more medications to be taken or applied on an "as required" or pro re nata (PRN) basis; or

(3) If the resident requires observation of their self-administration of any prescription medications, a staff member will be present at the time of the self-administration of the medication or medications and remain on duty for a sufficient amount of time to supervise the individual, which will be a minimum of one hour after the resident self-administers the medication, and longer if indicated by physician instructions or the individual's known history of reaction to medication, e.g., an individual with an increased risk of falling for a period of time after taking medication. If the recovery housing residence is unable to provide staffing, the recovery housing residence will assist in obtaining appropriate medical oversight.

(I) The operator will identify whether the operator or a designated manager is responsible for the day-to-day operations.

(J) No individual will work in a recovery housing residence under either of the following circumstances:

(1) During the communicable stage of a disease which may be transmitted in the performance of the individual's job responsibilities; or

(2) When the individual is under the influence of illicit drugs, is using alcohol, or is using medications to the extent that the health or safety of any resident of the recovery housing residence is jeopardized. Illicit drugs includes the use of illegal drugs and the abuse of prescription medications.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-19 | Resident rights and grievance procedure.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) The operator will be responsible for assuring the compliance by the recovery housing residence with all resident rights. Violations of resident rights will be regarded as sufficient cause to institute proceedings to deny or revoke the recovery housing residence's certification.

(B) In addition to the definitions in rule 5122-31-01 of the Administrative Code, the following definitions apply to this rule:

(1) "Grievance" means a written complaint initiated either verbally or in writing by a resident or by any other person or agency on behalf of a resident regarding denial or abuse of any resident's rights.

(2) "Reasonable" means a standard for what is fair and appropriate under usual and ordinary circumstances.

(3) "Resident rights advocate" means the designated recovery housing residence staff member with responsibility for implementing the grievance procedure.

(C) Each recovery housing residence will have all of the following:

(1) A written resident rights policy that lists all ofthe resident rights identified in this rule;

(2) A written resident grievance procedure that residents can understand and which allows for reasonable accommodation for residents with disabilities;

(3) A policy for maintaining for at least three years from resolution records of resident grievances that include, at a minimum, all of the following:

(a) A copy of the grievance;

(b) Documentation reflecting process used and resolution/remedy of the grievance; and

(c) Documentation, if applicable, of extenuating circumstances for extending the time period for resolving the grievance beyond twenty-one calendar days.

(D) Posting of resident rights

The resident rights policy, the grievance procedure, and the name of the resident rights advocate will be posted in a conspicuous location that is readily accessible to all residents.

(E) Each resident has all of the following rights:

(1) The right to be verbally informed of all resident rights in language and terms appropriate for the resident's understanding, prior to or at the time of residency, absent a crisis or emergency.

(2) The right to request a written copy of all resident rights and the grievance procedure.

(3) The right to exercise one's own rights without reprisal, except that no right extends so far as to supersede health and safety considerations.

(4) The right to file a grievance.

(5) The right to be treated at all times with courtesy and respect, and with consideration for personal dignity, autonomy and privacy.

(6) The right to receive behavioral health services and/or medical services from a provider of one's own choosing.

(7) The right to receive support in a clean, safe, comfortable, welcoming, stable, and supportive environment.

(8) The right to reasonable protection from physical,sexual and emotional abuse, exploitation, and inducement.

(9) The right to freedom from unnecessary or excessive medication and the right to decline medication.

(10) The right to be free from restraint or seclusion.

(11) The right to be advised and the right to refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, television, movies, photographs or other audio and visual technology. This right does not prohibit a residence from using closed-circuit monitoring to observe areas in the residence other than bathrooms or sleeping areas or other areas where privacy is reasonably expected.

(12) The right to confidentiality of communications and personal identifying information within the limitations and requirements for disclosure of resident information under state and federal laws and regulations.

(13) The right to have access to one's own record or documentation.

(14) The right not to be discriminated against on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental disability, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws.

(15) The right to practice a religion of one's choice or to abstain from the practice of religion.

(16) The right to be informed in writing of the rates charged by the residence as well as any additional charges and to receive at least thirty days' notice in writing of any change in the rates and charges.

(17) The right to be informed in writing of who is responsible for paying the rates and to receive thirty days' notice in writing of any changes in payer.

(18) The right to receive thirty days' prior written notice for termination of residency except in an emergency when the resident presents a documented danger to other residents, staff, visitors, or oneself.

(19) The right to exercise one's rights under Ohio landlord/tenant laws.

(20) The right not to be locked out of the residence at any time.

(21) The right not to be locked in the residence at any time for any reason.

(22) The right to consult with legal counsel at one's own expense.

(23) The right to communicate freely with and be visited at reasonable times by a personal physician, psychologist, or other health care providers, except that employees of a board or provider or the personnel of the Ohio protection and advocacy system may visit at any time when permitted by the Revised Code.

The right to communicate includes receiving written communications, which may be opened and inspected by recovery housing residence staff in the presence of the resident recipient so long as the communication is not read by the staff and given immediately to the resident.

(24) The right to meet with staff from the department of behavioral health in private.

(25) The right not to be deprived of any legal rights solely by reason of residence in the recovery housing residence.

(26) The right to personal property and possessions, unless prohibited by house policy.

(27) The right of an adult resident to manage one's own financial affairs and to possess a reasonable sum of money.

(28) The right to use the common areas of the recovery housing residence.

Adult residents will have a right to access common areas at all times.

Children and adolescent household members will have the right to access common areas during routine waking hours in accordance with recovery housing residence expectations, e.g.,school attendance, homework, implementation of natural and logical consequences, etc.

(29) The right to engage in or refrain from engaging in activities, unless required by house policy.

(30) The right to meet or communicate with family or guardians, visitors, and guests:

(a) The right of an adult:

(i) To reasonable privacy and the freedom to meet with visitors and guests at reasonable hours so long as it confirms with the house visitor policy.

(ii) To make and/or receive confidential phone calls, including free local calls.

(iii) To write or receive uncensored, unopened correspondence subject to the recovery housing residence's rules regarding contraband.

(31) The right to be free from conflicts of interest; no recovery housing residence employee may be a resident's guardian, custodian, or representative.

(F) Provision of client rights

(1) The owner or operator will explain and maintain documentation in the resident's record an explanation of rights to each person served prior to or when beginning residency.

(2) In a crisis or emergency situation, the provider may verbally advise the resident of at least the immediately pertinent rights only. Full verbal explanation of the resident rights policy will be provided at the first appropriate occasion.

(3) Explanations of rights will be in a manner appropriate for the person's understanding.

(G) All staff will be trained on and follow the resident rights policy and resident grievance procedure. There will be documentation in each employee's personnel file, including contract staff, volunteers, and student interns, that each staff member has received a copy of the resident rights policy and the resident grievance procedure and has agreed to abide by them.

(H) The resident rights advocate, or designee, will:

(1) Be promptly accessible; and

(2) Have their name, title, location, hours of availability, and telephone number included with the posting of resident rights as required by paragraph (D) of this rule.

(I) The resident grievance procedure will have provisions for at least the following:

(1) A statement to whom the resident is to give the grievance;

(2) The designation of staff who will be available to assist a resident in the filing of a grievance;

(3) A mandate that the grievance is to be in writing; the grievance may be made verbally and the resident rights advocate will be responsible for transcribing the grievance;

(4) A mandate that the written grievance is to be dated and signed by the resident, the individual filing the grievance on behalf of the resident, or have an attestation by the resident rights advocate that the written grievance is a true and accurate representation of the resident's grievance;

(5) Grievances may not be made anonymously, but a grievance procedure will provide a method for confidential submission of grievances. The resident rights advocate will keep such submissions and subsequent investigations confidential;

(6) A mandate that the grievance include, if available, the date, approximate time, description of the incident, and names of individuals involved in the incident or situation being grieved;

(7) A statement that the residence will make a resolution decision on the grievance within twenty-one business days of receipt of the grievance. Any extenuating circumstances indicating that this time period will need to be extended is to be documented in the grievance file and written notification given to the resident;

(8) A statement that a resident has the option to file a grievance with outside organizations that include, but are not limited to, the following, with the mailing address and telephone numbers for each stated:

(a) Applicable board for residents receiving behavioral health services;

(b) Department of behavioral health;

(c) Disability rights Ohio;

(d) U.S. department of health and human services office for civil rights and office of inspector general; and

(e) Office of the Ohio inspector general.

(9) A mandate that a written acknowledgment of receipt of the grievance be provided to each grievant. Such acknowledgment will be provided within three business days from receipt of the grievance. The written acknowledgment will include, but not be limited to, the following:

(a) The date the grievance was received;

(b) A summary of the grievance;

(c) An overview of the grievance investigation process;

(d) A timetable for completion of investigation and notification of resolution; and

(e) A housing residence contact name, address, and telephone number.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-20 | Facility records.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each recovery housing residence will maintain resident and staff records, including all of the following at a minimum:

(1) A roster of the names and ages of all residents and their first dates of residency. The roster will be considered part of the resident records and individual residents will be listed as to their residency status and maintained on the roster for three years after their lease agreement terminates.

(2) For each resident, all of the following:

(a) A written referral from the referring entity or individual, if applicable, that specifies:

(i) The name, address, and telephone number of the referring entity;

(ii) For individuals receiving substance use services, the name, address, and telephone number of the person or entity responsible for the continued provision of behavioral health services.

(b) Immediately accessible written emergency information, which includes the name and birth date of the resident, current medical information, medications, and the name, address, and phone number of the person(s) to be notified in the event of an emergency.

(c) A copy of the signed resident agreement,in accordance with rule 5122-31-21 of the Administrative Code.

(d) A list of current medications, including name, dosage, and schedule for the resident to take medications.

(e) A list of all current medical diagnoses and allergies, if applicable.

(f) A record of all screenings administered, if the residence administers drug screenings.

(g) A medication administration record that includes a log of prescription medications taken by the resident. The medication administration record is to be completed by the resident but staff may assist the resident with this task. The medication administration record is to include the medication name, dosage, frequency, and the date and time it was taken. Residents must make entries in the medication administration record immediately after taking their medication. Staff may conduct periodic checks to ensure accurate medication logging.

(h) A list of other entities providing services, including, but not limited to, physical or behavioral health care, social services, educational services, etc., and phone number and contact person.

(i) A recovery plan for residents.

(3) For each staff, the recovery housing residence will maintain all of the following:

(a) Records of training received.

(b) All records and reports verifying compliance with rule 5122-31-17 of the Administrative Code.

(c) All records and reports verifying compliance with rule 5122-31-24 of the Administrative Code.

(B) The recovery housing residence will also maintain:

(1) Fire and other disaster policies and procedures, including evacuation, emergency contact, etc.

(2) Copies of all reportable incidents submitted in accordance with rule 5122-31-14 of the Administrative Code.

(3) Records of fire drills.

(4) Appropriate financial records which utilize standard basic bookkeeping techniques to document recovery housing residence income and expenditure. Financial records may be kept off-site at a central business office but will be made available at the residence on request of the department.

(5) Current fire alarm system testing reports, as applicable.

(6) Current sprinkler system testing reports, as applicable.

(7) Copies of the current department certification, findings reports, and plan(s) of correction, if any.

(8) Copies of required licenses, permits, and inspections, including fire, certificate of occupancy when required, and any other permits or inspections when required by this chapter of the Administrative Code or other federal,state,or local law.

(C) Each resident's record will be stored in a locked area accessible only to staff to protect and ensure individual resident confidentiality, except that emergency information will be immediately accessible. An operator or staff will not disclose or knowingly allow the disclosure of any information regarding a resident to persons not directly involved in the resident's care and treatment without authorization from the resident or a signed release of information if required, unless authorized by section 5122.31 of the Revised Code or as otherwise permitted by law.

(D) Each staff record, if applicable, will be stored in a locked area accessible only by individuals permitted by recovery housing residence policy or state or federal law.

(E) The recovery housing residence will maintain a record for each current resident and staff. Each record is to be maintained for three years following the termination of a resident's lease or termination of an employee's employment. All other recovery housing residence records will be maintained for the current and most recent past full certification cycle.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-21 | Resident agreement.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Prior to residency, each recovery housing residence resident will enter into a written resident agreement with the residence's operator.

(B) The residence will provide the resident with a copy of the agreement and review it with them.

(C) All of the following will be in a resident agreement:

(1) Specifications of resident obligations in the recovery housing residence.

(2) A provision that no clinical services will be provided in the recovery housing residence.

(3) The recovery supports available to a resident in the recovery housing residence.

(4) Specification of the charges to the resident, any additional itemized fees, and information regarding resident rights per rule 5122-31-19 of the Administrative Code.

(5) Provisions concerning refunds of a resident's charges or fees.

(6) Specification of security deposit required, if any, and the terms for refunding same to the resident in the event of the resident's departure from the recovery housing residence.

(7) A statement that no charges, fines, or penalties will be assessed against the resident other than those stipulated in the agreement.

(8) A provision mandating thirty-day prior verbal and written notification before increasing charges or fees.

(9) The recovery housing residence policies the resident is to follow, including a smoking policy or "house rules" if applicable. The recovery housing residence may include the policy or house rules in the resident agreement or make reference in the agreement that the resident must follow the recovery housing residence's written policies or rule, which will be posted in an area accessible to all residents and readily visible. No house rule or policy, or portion there in, will conflict with resident rights established by rule 5122-31-19 of the Administrative Code.

(10) Specifications of the visitation policy for adults. The visitation policy will not conflict with resident rights established by rule 5122-31-19 of the Administrative Code.

(11) A provision that at no time will the staff or operator of a recovery housing residence assume payeeship for a resident's income, require income checks to be signed over to or be cashed by staff, nor in any manner establish controls over the handling of any resident's funds.

(12) Nothing stated herein will be construed to entitle any resident to not pay incurred costs or fees as stated in the resident agreement.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-22 | Medication record and storage.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Staff will keep as part of the resident record the medication administration record, as applicable, including date, time, and dosage.

(B) Residents will have access to a secure and locked location to store medications.

(1) All medications centrally stored by the recovery housing residence will be clearly labeled with the resident's name, the name of the medication, and instructions for use.

(2) The recovery housing residence will not remove and repackage medication from the pharmacy-dispensed container nor permit any other repackaging of medication unless done by a nurse, doctor, or pharmacist who is not the resident's family member.

(3) The recovery housing residence will develop and follow written procedures for the disposal of any prescribed medications that are no longer being used by the resident for whom they were prescribed. This will include that disposal of prescribed medications is verified and recorded by two staff members of an independent external entity.

(4) Records of medication destroyed by the recovery housing residence will be maintained for a minimum of three years or longer if mandated by law.

(C) Medications that have to be refrigerated will be stored in a locked refrigerator or inside a refrigerator in a manner that prevents the removal of the medication from the refrigerator without a key or combination.

(D) Residence in the recovery housing residence will not be contingent upon taking medications.

(E) Recovery housing residences will not require residents to keepor store medications at another facility.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-23 | Recovery supports.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) Each recovery housing residence will encourage residents to participate in recovery supports.

(B) Residents of a recovery housing residence will be encouraged to participate in community activities and social events. The recovery housing residence staff will demonstrate a reasonable effort to facilitate and support such involvement and provide transportation or information about the accessibility of transportation.

(C) Each recovery housing residence will ensure reasonable amounts of time for staff to engage in or facilitate social and recreational activity with residents through its staffing plan.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397

Rule 5122-31-24 | Background assessment.

• Effective: August 10, 2026
• Promulgated Under: 119.03

(A) The purpose of this rule is to establish procedure for conducting background assessments for owners, operators, prospective operators, managers, staff, volunteers, students, interns and other individuals employed by or seeking employment by a recovery housing residence.

(B) Definitions

(1) "Applicant" means a person who is under final consideration for employment with a recovery housing residence.

(2) "Department" means the department of behavioral health.

(3) "Disqualifying offense" means any of the offenses listed in paragraph (D) of this rule.

(4) "Employee" means a person employed by a recovery housing residence, a contract staff member, or a person working as a volunteer, student, or intern, regardless of whether the person is compensated. A contract staff member does not include an individual or company with whom the provider contracts to perform occasional maintenance such as lawn care, snow removal, painting, etc.

(5) "Individual" means a resident of a recovery housing residence.

(6) "Multiple disqualifying offenses" means two or more convictions or guilty pleas to disqualifying offenses. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, are counted as one conviction or guilty plea.

(C) Mandates for recovery housing residences

(1) All standards in this rule apply to applicants, owners, operators, managers, employees, and non-resident occupants. The recovery housing residence will maintain a file for each owner, operator, manager, and non-resident occupant containing the printed results of all standards of this rule in the same manner as is specified in this rule for employees as defined in paragraph (B) of this rule.

(2) A recovery housing residence will:

(a) Require an applicant to complete an employment application and provide the names and addresses of present and former employers; and

(b) Attempt to obtain references from the applicant's present and former employers and maintain written evidence that reference checks were attempted and/or completed.

(3) A recovery housing residence will check each of the following databases to determine if the applicant is included:

(a) The list of excluded persons and entities maintained by the office of inspector general in the United States department of health and human services pursuant to section 1128 of the Social Security Act, 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, and section 1156 of the Social Security Act, 96 Stat. 388 (1982), 42 U.S.C. 1320c-5 (available at https://exclusions.oig.hhs.gov/);

(b) The abuser registry established pursuant to section 5123.52 of the Revised Code;

(c) The nurse aide registry established pursuant to section 3721.32 of the Revised Code and whether there exists a statement detailing a finding by the director of health that the applicant or employee neglected or abused a resident of a long-term care facility or residential care facility or misappropriated property of such a resident;

(d) The United States department of justice national public website (available at https://nsopw.gov);

(e) The United States general services administration system for award management database (available at https://www.sam.gov/); and

(f) The database of incarcerated and supervised offenders established pursuant to section 5120.066 of the Revised Code (available at https://appgateway.drc.ohio.gov/OffenderSearch). The recovery housing residence will print the results of these database checks maintain them in each employee's personnel file.

(4) A recovery housing residence allowing minor household members will conduct or request from the department of job and family services an alleged perpetrator of abuse and neglect report from the Ohio statewide automated child welfare information system (SACWIS). The process can be found at: http://jfs.ohio.gov/ocf/childprotectivesevices.stm. If the applicant cannot provide proof that they have lived in Ohio for the past five years, the recovery housing residence will also request a check of the child abuse and neglect registry for any other state in which the applicant lived during that five year period before applying for employment. The process can be found at: http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf. The recovery housing residence will maintain the results of these checks in each employee's personnel file.

(5) A recovery housing residence will not hire an applicant, nor continue to employ an existing employee, if the individual is listed in any of the databases identified in paragraph (C)(3) of this rule or if the alleged-perpetrator results required under paragraph (C)(4) show a substantiated finding of abuse or neglect.

(6) A recovery housing residence will verify that an applicant has a valid motor vehicle operator's license and obtain a driving record prepared by the bureau of motor vehicles if the duties of the position for which the applicant has applied require the applicant to transport individuals or to operate the responsible entity's vehicles for any other purpose. A person having six or more points on his or her driving record is prohibited from transporting individuals.

(7) Prior to employing an applicant, a recovery housing residence will require an applicant to do both of the following:

(a) Submit a statement to the recovery housing residence owner or operator with the applicant's signature attesting that he or she has not been convicted of or pleaded guilty to a disqualifying offense. An applicant or employee will disclose to the recovery housing residence owner or operator a conviction for any offense that has been sealed; and

(b) Sign an agreement under which the applicant agrees to notify the recovery housing residence owner or operator within fourteen calendar days if, while employed by the recovery housing residence, the applicant is formally charged with, is convicted of, or pleads guilty to a disqualifying offense. The agreement will provide that failure to make the notification will result in termination of the applicant's employment.

(8) A recovery housing residence will, at a frequency of no less than once every four years, check the databases specified in paragraph (C)(3) of this rule and obtain an alleged perpetrator report specified in paragraph (C)(4) of this rule.

A recovery housing residence eligible to utilize the automated records check system (ARCS) will verify each employee's continued employment annually or at the frequency as specified by the department of medicaid in lieu of conducting checks of the databases specified in paragraph (C)(3) of this rule every four years after conducting the initial checks. The verification of continued employment will be printed and placed in each employee's personnel file. A provider using ARCs under the provisions of this paragraph is not required to conduct a separate search of the United States department of justice national public website (https://nsopw.gov) as long as the provider completed the mandated check prior to hire.

(D) Disqualifying offenses

(1) The following offenses (sections of the Revised Code) are permanently disqualifying; any equivalent federal offense or offense from another state will also be permanently disqualifying.

(a) 2903.01 (aggravated murder);

(b) 2903.02 (murder);

(c) 2905.01 (kidnapping);

(d) 2907.02 (rape);

(e) 2907.03 (sexual battery);

(f) 2907.05 (gross sexual imposition);

(g) 2907.32 (pandering obscenity);

(h) 2907.322 (pandering sexually-oriented matter involving a minor);

(i) 2907.323 (illegal use of minor in nudity-oriented material or performance);

(j) 2909.23 (making terrorist threat);

(k) 2909.24 (terrorism);

(l) 2913.40 (Medicaid fraud);

(m) 2905.32 (trafficking in persons).

(2) The following offenses (sections of the Revised Code) are disqualifying for a period of five years from the end any sanctions; any equivalent federal offense or offense from another state will also be disqualifying for a period of five years.

(a) 2903.15 (permitting child abuse);

(b) 2903.16 (failing to provide for a functionally impaired person);

(c) 2903.34 (patient abuse and neglect);

(d) 2903.341 (patient endangerment);

(e) 2905.05 (criminal child enticement) (felony level);

(f) 2905.33 (unlawful conduct with respect to documents);

(g) 2907.04 (unlawful sexual conduct with a minor, formerly corruption of a minor);

(h) 2907.06 (sexual imposition);

(i) 2907.07 (importuning);

(j) 2907.08 (voyeurism);

(k) 2907.12 (felonious sexual imposition);

(l) 2907.31(disseminating matter harmful to juveniles);

(m) 2907.321 (pandering obscenity involving a minor);

(n) 2909.22 (soliciting/providing for act of terrorism);

(o) 2919.22 (endangering children).

(3) For recovery housing residences with minor household members, the offenses listed in paragraph (D)(2) of this rule are permanently disqualifying; any equivalent federal offense or offense from another state will also be permanently disqualifying.

(E) Multiple disqualifying offenses

If an applicant or employee has been convicted of or pleaded guilty to multiple offenses listed in paragraph (D)(2) of this rule, the applicant or employee is subject to a fifteen-year exclusion period.

(F) Exceptions

A conviction of or plea of guilty to a disqualifying offense listed or described in paragraph (D)(1)of this rule will not preclude an applicant from being employed or an employee from remaining employed by a responsible entity under the following circumstances:

(1) The applicant or employee has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code;

(2) The applicant or employee has been granted an unconditional pardon for the offense pursuant to an existing or former law of this state, any other state, or the United States, if the law is substantially equivalent to Chapter 2967. of the Revised Code;

(3) The applicant's or employee's conviction or guilty plea has been overturned pursuant to law;

(4) The applicant or employee has been granted a conditional pardon for the offense pursuant to Chapter 2967. of the Revised Code and the conditions under which the pardon was granted have been satisfied;

(5) The applicant's or employee's conviction or guilty plea is not for an offense listed or described in paragraph (D)(1) of this rule and the applicant or employee has a certificate of qualification for employment issued by a court of common pleas with competent jurisdiction pursuant to section 2953.25 of the Revised Code; or

(6) The applicant's or employee's conviction or guilty plea is not for an offense listed or described in paragraph (D)(1) of this rule and the applicant or employee has a certificate of achievement and employability in a home and community-based services-related field, issued by the department of rehabilitation and correction pursuant to section 2961.22 of the Revised Code.

(G) Any report obtained pursuant to this rule is not a public record for purposes of section 149.43 of the Revised Code and will not be made available to any person other than:

(1) The applicant or employee who is the subject of the report or the applicant's, or employee's representative;

(2) The recovery housing residence owner or operator that requested the report;

(3) The department, if the department requests the recovery housing residence to provide a copy of the report to the department;

(4) A court, hearing officer, or other necessary person involved in a case dealing with the denial of employment to the applicant or employee, or a civil or criminal action regarding the Medicaid program or a program the department administers.

(H) For purposes of this rule, reports from a state or federal agency regarding a person's criminal record and records regarding a person's convictions for violations of motor vehicle laws are valid for a period of one year from the date of the report.

(I) If the recovery housing residence contracts with any person (either directly or through another company) to perform occasional maintenance such as lawn care, snow removal, painting, etc. the recovery housing residence will not permit the contract person to be left unsupervised with a minor household member.

(J) The recovery housing residence owner or operator will maintain written documentation in the employee's personnel file of completion all of the required checks and reports described in this rule and any other documentation necessary to demonstrate compliance. This includes printing the results of the database checks described in paragraph (C)(3) of this rule and all abuse and neglect perpetrator checks described in paragraph (C)(4) of this rule and placing them in the personnel file, as well as placing a copy of the results of all criminal records checks in the file.

Last updated August 12, 2026 at 3:07 PM

Supplemental Information

Authorized By: R.C. 5119.397
Amplifies: R.C. 5119.397