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Rule 3701-52-05 | Exemption of retail tobacco stores.

...(A) For the purpose of this rule, the exemption year is from April first of the year in which the affidavit is submitted, to March thirty-first of the following year. The affidavits approved by the director for use in requesting an exemption under this rule are set forth as follows: (1) Appendix A - Existing retail tobacco stores requesting exemption; and (2) Appendix B - New retail tobacco ...

Rule 3701-52-05 | Exemption of retail tobacco stores.

...(A) For the purpose of this rule, the exemption year is from April first of the year in which the affidavit is submitted, to March thirty-first of the following year. (B) Retail tobacco stores as defined in section 3794.01 of the Revised Code may be granted an exemption from regulation under Chapter 3794. of the Revised Code and this chapter provided that each retail tobacco store requesting the...

Rule 3701-52-06 | Posting of signs; designation as nonsmoking place.

...(A) In accordance with section 3794.06 of the Revised Code, "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted, by either affixing to real property or posting by other means, in every public place and place of employment where smoking is prohibited by Chapter 3794....

Rule 3701-52-06 | Exemption of retail vapor stores.

...(A) For the purpose of this rule, the exemption year is from April first of the year in which the affidavit is submitted, to March thirty-first of the following year. The affidavits approved by the director for use in requesting an exemption under this rule are available online in the smoke-free workplace section of the Ohio department of health website at odh.ohio.gov. (B) Retail vapor stores, ...

Rule 3701-52-07 | Designation of authority.

...(A) As used in this rule, "board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code. (B) Pursuant to section 3794.07 of the Revised Code, the director of health designates the boards of health to enforce the provisions of Chapter 3794. of the Revised Code and this chapter. ...

Rule 3701-52-07 | Posting of signs; designation as nonsmoking place.

...(A) In accordance with section 3794.06 of the Revised Code, "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) will be conspicuously posted, by either affixing to real property or posting by other means, in every public place and place of employment where smoking is not ...

Rule 3701-52-08 | Reports of violations; investigation; findings of violations; appeals.

...(A) Reports of violations of the provisions of Chapter 3794. of the Revised Code and this chapter may be submitted to the department by any member of the public by mail, electronic mail, and telephone. A person shall not be required to disclose his or her identity in order to report a violation. An anonymous complaint, alone, shall not be sufficient evidence to support a finding of violation of Ch...

Rule 3701-52-08 | Designation of authority.

...(A) As used in this rule, "board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code. (B) Pursuant to section 3794.07 of the Revised Code, the director of health designates the boards of health to enforce the provisions of Chapter 3794. of the Revised Cod...

Rule 3701-52-09 | Civil fines and penalties.

...(A) Pursuant to section 3794.07 of the Revised Code, as it pertains to proprietors, the amount of a fine for a violation of division (A) or (B) of section 3794.02 or section 3794.06 of the Revised Code or rule 3701-52-02 or 3701-52-06 of the Administrative Code shall be determined in accordance with the following schedule: (1) First violation - warning letter; (2) Second violation - one hund...

Rule 3701-52-09 | Reports of violations; investigation; findings of violations; appeals.

...(A) Reports of violations of the provisions of Chapter 3794. of the Revised Code and this chapter may be submitted to the department by any member of the public by mail, electronic mail, online, and telephone. A person does not have to disclose his or her identity in order to report a violation. An anonymous complaint, alone, will not be sufficient evidence to support a finding of violation of Cha...

Rule 3701-52-10 | Civil fines and penalties.

...(A) Pursuant to section 3794.07 of the Revised Code, as it pertains to proprietors, the amount of a fine for a violation of division (A) or (B) of section 3794.02 or section 3794.06 of the Revised Code or rule 3701-52-02 or 3701-52-07 of the Administrative Code will be determined in accordance with the following schedule: (1) First violation - warning letter; (2) Second violation - one hundr...

Rule 3701-53-02 | Breath tests.

...(A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing ...

Rule 3701-53-03 | Breath tests.

...(A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19, and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evident...

Rule 3701-53-04 | Instrument checks, controls and certifications.

...(A) A senior operator shall perform an instrument check on approved evidential breath testing instruments listed under paragraphs (A)(1), (A)(2), and (B) of rule 3701-53-02 no less frequently than once every seven days in accordance with the appropriate instrument checklist for the instrument being used. The instrument check may be performed anytime up to one hundred and ninety-two hours after the last instrument che...

Rule 3701-53-05 | Breath instrument checks, controls and certifications.

...(A) For instruments listed under paragraphs (A)(1) and (A)(2) of rule 3701-53-03 of the Administrative Code: (1) A senior operator shall perform an instrument check no less frequently than once every seven days in accordance with the appropriate instrument checklist for the instrument being used. The instrument check may be performed anytime up to one hundred ninety-two hours after the last i...

Rule 3701-53-07 | Qualifications of personnel.

...(A) Blood, urine, and other bodily substance tests for alcohol shall be performed in a laboratory by an individual who has a laboratory director's permit or, under his or her general direction, by an individual who has a laboratory technician's permit. General direction does not mean that the laboratory director must be physically present during the performance of the test. Laboratory personnel shall not perform a te...

Rule 3701-53-08 | Qualifications of personnel.

...(A) For laboratory alcohol analysis: (1) In order to qualify for a laboratory director permit, an individual will: (a) Be employed by a laboratory that has successfully completed a proficiency examination administered by a national program for proficiency testing; (b) Possess at least two academic years of college chemistry and at least two years of experience in a clinical or chemical labo...

Rule 3701-53-09 | Permits.

...(A) Individuals desiring to function as laboratory directors or laboratory technicians shall apply to the director of health for permits on forms prescribed and provided by the director. A separate application shall be filed for a permit to perform tests to determine the amount of alcohol in a person's blood, urine or other bodily substance, and a separate permit application shall be filed to perform tests to determ...

Rule 3701-53-10 | Permits.

...(A) To function as laboratory directors or laboratory technicians, individuals will apply to the director of health for permits on forms provided by the director. A separate application will be filed for a permit to perform tests to determine the amount of alcohol in a person's blood, urine or other bodily substance, and a separate permit application shall be filed to perform tests to determine th...

Rule 3701-55-02 | Required screening; facility requirements.

...(A) All newborn children shall be screened in accordance with procedures set forth in this chapter for the presence of the following genetic, endocrine, or metabolic disorders: (1) 2-methylbutyryl-CoA dehyrogenase deficiency; (2) 3-hydroxy-3-methylglutaryl-CoA lyase deficiency; (3) 3-ketothiolase deficiency; (4) 3-methylcrotonyl-CoA carboxylase defiency; (5) Argininemia; (6) Argininosuccinic acidemia; (7) Biot...

Rule 3701-55-02 | Required screening; facility requirements.

...(A) All newborn children shall be screened in accordance with procedures set forth in this chapter for the presence of the following genetic, endocrine, or metabolic disorders: (1) 2-methylbutyryl-CoA dehydrogenase deficiency; (2) 3-hydroxy-3-methylglutaryl-CoA lyase deficiency; (3) 3-ketothiolase deficiency; (4) 3-methylcrotonyl-CoA carboxylase deficiency; (5) Argininemia; (6) Argininos...

Rule 3701-55-07 | Required further screening or diagnostic testing if specimen abnormal.

...This rule prescribes the procedures that apply if, upon screening of a specimen, the bureau of public health laboratory determines that the result indicates potential risk for one or more of the screened disorders. (A) The director will communicate the results to the following person, as applicable: (1) If a child was born in a hospital or freestanding birthing center, the director will communicate ...

Rule 3701-56-03 | Requirements for contract.

...(A) As used in this rule: (1) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. Practice-related administrative activities may not exceed eight hours per week. (2) "Part-time practice" means working a minimum of twenty hours and a maximum of thirty-nine hours per week for a minimum of forty-five weeks each service year. Practice-related adminis...

Rule 3701-56-03 | Requirements for contract.

...(A) As used in this rule: (1) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. Practice-related administrative activities and/or teaching activities may not exceed eight hours per week. (2) "Part-time practice" means working a minimum of twenty hours and a maximum of thirty-nine hours per week for a minimum of forty-five we...

Rule 3701-56-04 | Dental health resource shortage areas.

...(A) Dental health resource shortage areas shall include the following: (1) A geographic area, facility (including federally qualified health centers), or population group in this state that has been designated by the United States secretary of health and human services as a dental health professional shortage area under 42 C.F.R. in accordance with Appendix B to 42 C.F.R. Part 5 (1993). (2) A geographic area, one o...