Ohio Revised Code Search
| Section |
|---|
|
Section 5117.21 | Percentage of funds to be used for energy-related home repair.
...led with the United States secretary of health and human services under the act shall include the requirement of this section, and any such plan in effect on the effective date of this section shall promptly be revised to include the requirement of this section. |
|
Section 5117.22 | Energy oil overcharge fund.
...All petroleum violation escrow funds received by this state from the federal government shall be deposited in the state treasury to the credit of the energy oil overcharge fund, which is hereby created. The fund shall be used by the development services agency for energy conservation and assistance programs approved by the United States department of energy. All investment earnings of the fund shall be credited to th... |
|
Section 5117.99 | Penalty.
...(A) Whoever violates division (A) of section 5117.11 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates division (B), (C), or (E) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates division (D) of section 5117.11 of the Revised Code is guilty of a misdemeanor of the first degree. |
|
Section 5119.01 | Definitions.
...s use of alcohol or drugs endangers the health, safety, or welfare of the individual or others, or the individual's gambling causes psychological, financial, emotional, marital, legal, or other difficulties endangering the health, safety, or welfare of the individual or others. (2) "Addiction services" means services, including intervention, for the treatment of persons with alcohol, drug, or gambling addictions, ... |
|
Section 5119.011 | References to department or director.
...Whenever the term "department of mental health and addiction services" is used, referred to, or designated in any statute, rule, contract, grant, or other document, the use, reference, or designation shall be construed to mean the department of behavioral health. (B) Whenever the term "director of mental health and addiction services" is used, referred to, or designated in any statute, rule, contract, grant, or oth... |
|
Section 5119.04 | Compliance with standards.
...The department of behavioral health and any institutions under its supervision or jurisdiction shall, where applicable, be in substantial compliance with standards set forth for psychiatric facilities by the joint commission or medical assistance standards under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or other applicable standards. The requirements of this section ar... |
|
Section 5119.05 | Managing officer; duties.
...the rules of the director of behavioral health, each institution under the jurisdiction of the department shall be under the management and control of a managing officer to be known as a chief executive officer or by another appropriate title. Such managing officer shall be appointed by the director of behavioral health, and shall be in the unclassified service and serve at the pleasure of the director. Each managing... |
|
Section 5119.051 | Books and accounts; form and method.
...The department of behavioral health shall keep in its office a proper and complete set of books and accounts with each institution, which shall clearly show the nature and amount of every expenditure authorized and made at such institution, and which shall contain an account of all appropriations made by the general assembly and of all other funds, together with the disposition of such funds. The department shall ... |
|
Section 5119.06 | Records.
...The department of behavioral health shall keep in its office, accessible only to its employees, except by the consent of the department or the order of the judge of a court of record, a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every patient in the institutions governed by it, the date, cause, and terms of discharge and the condition of such p... |
|
Section 5119.07 | Businesses located near institutions.
...itution of the department of behavioral health is located, in which petition the desire to erect or carry on at a less distance than that prescribed in section 3767.19 of the Revised Code shall be set forth, the business prohibited, the precise point of its establishment, and the reasons and circumstances, in its opinion, why the erection or carrying on of the business would not annoy or endanger the health, convenie... |
|
Section 5119.08 | Appointing special police officers for institutions.
...mendation of the director of behavioral health, the managing officer of an institution under the jurisdiction of the department of behavioral health may designate one or more employees to be special police officers of the department. The special police officers shall take an oath of office, wear the badge of office, and give bond for the proper and faithful discharge of their duties in an amount that the director req... |
|
Section 5119.09 | Physician specialists.
...The director of mental health shall prepare, and may amend from time to time, specifications descriptive of the duties, responsibilities, requirements, and desirable qualifications of physician specialists in the department of mental health. The director shall prepare, and may amend from time to time, classifications for those physician specialists, and they shall receive a salary fixed pursuant to section 124.15 or ... |
|
Section 5119.091 | Attorney general duties.
...or against the department of behavioral health or any institution under the jurisdiction of the department and the managing officer thereof, except such institutions as are privately owned or operated under a license from the department of behavioral health, and shall represent the public hospital in proceedings under section 5122.15 of the Revised Code. The department of behavioral health shall reimburse the attorne... |
|
Section 5119.10 | Director of behavioral health powers and duties.
...(A) The director of behavioral health is the chief executive and appointing authority of the department of behavioral health. The director may organize the department for its efficient operation, including creating divisions or offices as necessary. The director may establish procedures for the governance of the department, conduct of its employees and officers, performance of its business, and custody, use, and pres... |
|
Section 5119.11 | Medical director; qualifications; duties.
...(A) The director of behavioral health shall appoint a medical director who is eligible or certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry, and has at least five years of clinical and two years of administrative experience. The medical director shall also have certification or substantial training and experience in the field of addiction medicin... |
|
Section 5119.14 | Department of behavioral health powers and duties generally.
...(A) The department of behavioral health shall maintain, operate, manage, and govern state institutions and other services for the care and treatment of persons with mental illnesses. (B)(1) The department of behavioral health may, with the approval of the governor, designate the name and purpose of any institutions under its jurisdiction and may change, with the approval of the governor, the designation and name w... |
|
Section 5119.141 | Authority of department.
...nferred on the department of behavioral health, the department may take any other action it considers necessary to carry out the purposes of this chapter and Chapters 340., 2919., 2945., and 5122. of the Revised Code. Actions authorized by this section include the authority to adopt rules pursuant to Chapter 119. of the Revised Code that may be necessary to carry out the purposes of this chapter and Chapters 340., 29... |
|
Section 5119.15 | Investigative powers.
...The department of behavioral health may make such investigations as are necessary in the performance of its duties and to that end the director of behavioral health shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of such investigations stating the time, place... |
|
Section 5119.161 | Joint state plan to improve accessibility and timeliness of alcohol and drug addiction services.
...The department of behavioral health, in conjunction with the department of job and family services, shall develop a joint state plan to improve the accessibility and timeliness of alcohol and drug addiction services for individuals identified by a public children services agency as in need of those services. The plan shall address the fact that Ohio works first participants may be among the persons receiving services... |
|
Section 5119.17 | Addicted pregnant women and their children.
...(A) The department of behavioral health, in accordance with division (B) of this section, shall give priority to developing, and promptly shall develop, with available public and private resources a program that does all of the following: (1) Provides a manner of identifying the aggregate number of pregnant women in this state who are addicted to a drug of abuse; (2) Provides for an effective means of interventio... |
|
Section 5119.171
...The department of behavioral health shall establish and administer a statewide program to prevent youth use of cannabis. The program shall do the following: (A) Use a harm reduction approach; (B) Include practices aimed at the prevention or reduction of substance use, substance abuse, substance dependence, and substance use disorders; (C) Use other evidence-based approaches selected by the department. |
|
Section 5119.18 | Classified and unclassified appointments.
...ice within the department of behavioral health to a position in the unclassified service within the department. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the person's appointment to the position in the unclassified service, pursuant to division (D) of s... |
|
Section 5119.181 | Certain convictions preclude appointments.
...service of the department of behavioral health if the person has been convicted of or pleaded guilty to a violation of the following: (1) Any felony contained in the Revised Code, if the felony bears a direct and substantial relationship to the position being filled; (2) Any crime contained in the Revised Code constituting a misdemeanor of the first degree on the first offense and a felony on subsequent offenses... |
|
Section 5119.182 | Fidelity bond.
...The department of behavioral health may require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety company bond, properly conditioned, in a sum to be fixed by the department which when approved by the department, shall be filed in the offic... |
|
Section 5119.184 | Providing educational grants or tuition reimbursement for employees.
...The department of behavioral health may provide educational grants or tuition reimbursements to upgrade the education, training, and professional achievement of its employees, whenever it determines that provision of such grants or reimbursements is essential to the achievement of its goals. The department may enter into agreements with its employees for the purposes of this section. The agreements may require, as a ... |
|
Section 3742.34 | Delegating authority to board of health.
...If the director of health determines that a board of health can satisfactorily enforce sections 3742.35 to 3742.40 of the Revised Code, the director may delegate the authority to enforce those sections to the board. The director may revoke the delegation of authority at any time by written notice delivered to the board of health by certified mail. |
|
Section 3742.35 | Investigations.
...When the director of health or a board of health authorized to enforce sections 3742.35 to 3742.40 of the Revised Code becomes aware that an individual under six years of age has lead poisoning, the director or board shall conduct an investigation to determine the source of the lead poisoning. The director or board may conduct such an investigation when the director or board becomes aware that an individual six years... |
|
Section 3742.36 | Risk assessment of residential unit, child care facility, or school.
...When the director of health or an authorized board of health determines pursuant to an investigation conducted under section 3742.35 of the Revised Code that a residential unit, child care facility, or school is a possible source of the child's lead poisoning, the director or board shall conduct a risk assessment of that property in accordance with rules adopted under section 3742.45 of the Revised Code. |
|
Section 3742.37 | Lead hazard control order.
...child's lead poisoning, the director of health or authorized board of health immediately shall issue an order to have each lead hazard in the property controlled. The areas of the unit, facility, or school that may be subject to the lead hazard control order include the following: (1) The interior and exterior surfaces and all common areas of the unit, facility, or school; (2) Every attached or unattached structure... |
|
Section 3742.38 | Owner or manager to cooperate and choose method of control.
...de shall cooperate with the director of health or board of health that issued the order in controlling each lead hazard specified in the order. The owner or manager shall choose a method of controlling each lead hazard that enables the residential unit, child care facility, or school to pass a clearance examination. The method chosen may be the owner or manager's personal preference, a proposal made by a person under... |
|
Section 3742.39 | Clearance examination.
... clearance examination, the director of health or board of health that issued the order shall provide the owner and manager of the unit, facility, or school with information on methods of maintaining control of each lead hazard specified in the order. In the case of a residential unit in which an individual who is not the owner or manager resides, the director or board also shall provide the information to the indivi... |
|
Section 3742.40 | Prohibiting use of unit, facility, or school.
...37 of the Revised Code, the director of health or board of health that issued the order shall issue an order prohibiting the owner and manager from permitting the unit, facility, or school to be used for any purpose until the unit, facility, or school passes a clearance examination. On receipt of the order, the owner or manager shall take appropriate measures to notify each occupant, in the case of a residential unit... |
|
Section 3742.41 | Presumptions relative to property constructed prior to 1-1-78; registration as lead-safe residential rental unit.
...(A) The director of health shall establish and maintain a lead-safe residential rental unit registry in accordance with rules adopted under section 3742.45 of the Revised Code. The director shall not impose a fee for registration of a residential rental unit on the registry. (B) Beginning six months after the effective date of the rules referenced in division (A) of this section, the owner of a residential rental un... |
|
Section 3742.42 | Residential rental unit lead-safe maintenance practices.
...(A) In completing residential rental unit lead-safe maintenance practices, the owner or agent of the owner of a residential rental unit shall do all of the following: (1) Successfully complete a training program in residential rental unit lead-safe maintenance practices approved by the director under section 3742.43 of the Revised Code; (2) Annually perform a visual examination for deteriorated paint, underlying da... |
|
Section 3742.43 | Approval of training programs in residential rental unit lead-safe maintenance practices.
...the training program to the director of health. The application shall be made on a form prescribed by the director and shall include the nonrefundable application fee established in division (B) of this section. The director shall approve the training program if the applicant demonstrates to the satisfaction of the director both of the following: (1) That the training program will provide written proof of completion... |
|
Section 3742.44 | [Former R.C. 3742.49, renumbered by H.B. 49, 132nd General Assembly, effective 9/29/2017] Recommendations for controlling hazards considering historic nature of property.
...The director of health, in consultation with the individual authorized by the governor to act as the state historic preservation officer, shall develop recommendations for controlling lead hazards that take into consideration the historic nature of the property in which the hazards are located. The director shall provide periodic notifications of the recommendations to all persons licensed under this chapter. All lea... |
|
Section 3742.45 | [Former R.C. 3742.50, amended and renumbered by H.B. 49, 132nd General Assembly, effective 9/29/2017] Adoption of rules regarding child lead poisoning prevention.
...(A) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following: (1) Procedures necessary for the development and operation of the child lead poisoning prevention program established under section 3742.31 of the Revised Code; (2) Standards and procedures for conducting investigations and risk assessments under sections 3742.35 and 3742.36 of the Rev... |
|
Section 3742.46 | [Former R.C. 3742.51, amended and renumbered by H.B. 49, 132nd General Assembly, effective 9/29/2017] Lead poisoning prevention fund.
...oneys appropriated to the department of health for the administration and enforcement of sections 3742.31 to 3742.45 of the Revised Code and the rules adopted under those sections. Any grants, contributions, or other moneys collected by the department for purposes of preventing lead poisoning shall be deposited in the state treasury to the credit of the fund. (B) Moneys in the fund shall be used solely for the purpo... |
|
Section 3742.50 | Lead abatement tax credit.
...xable year may apply to the director of health for a lead abatement tax credit certificate. The applicant shall list on the application the amount of lead abatement costs the applicant incurred for the eligible dwelling during the taxable year. The director, in consultation with the tax commissioner, shall prescribe the form of a lead abatement tax credit certificate, the manner by which an applicant shall apply for ... |
|
Section 3742.99 | Violator subject to criminal action.
...(A) At the request of the director of health or a board of health, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may commence a criminal action against any person who violates any provision of section 3742.02, 3742.06, or 3742.07 of the Revised Code, any rule adopted under this chapter that is directly related to any of the provisions of those sections, or any order... |
|
Section 3743.01 | Fireworks definitions.
...As used in this chapter: (A) "Beer" and "intoxicating liquor" have the same meanings as in section 4301.01 of the Revised Code. (B) "Booby trap" means a small tube that has a string protruding from both ends, that has a friction-sensitive composition, and that is ignited by pulling the ends of the string. (C) "Cigarette load" means a small wooden peg that is coated with a small quantity of explosive composition... |
|
Section 3743.02 | Application for license to manufacture fireworks.
...(A) Any person who wishes to manufacture fireworks in this state shall submit to the fire marshal an application for licensure as a manufacturer of fireworks before the first day of October of each year. The application shall be submitted prior to the operation of a fireworks plant, shall be on a form prescribed by the fire marshal, shall contain all information required by this section or requested by the fire mars... |
|
Section 3743.021 | Application for end-of-moratorium fireworks manufacturer license.
...Notwithstanding the deadline in division (A) of section 3743.02 of the Revised Code, any person who wishes to be a licensed manufacturer of fireworks in this state on January 1, 2023, and who does not already hold a license as a manufacturer of fireworks that will run through that date, may submit an application for licensure, pursuant to section 3743.02 of the Revised Code, not later than November 1, 2022. |
|
Section 3743.03 | Reviewing application of manufacturer.
...(A) If a person submits an application for licensure as a manufacturer of fireworks, together with the license fee, fingerprints, and proof of the insurance coverage, as required by section 3743.02 of the Revised Code, the state fire marshal shall review the application and accompanying matter, request the criminal records check described in division (E) of this section, inspect the premises of the fireworks plant de... |
|
Section 3743.04 | License renewal.
...(A) The license of a manufacturer of fireworks is effective for one year beginning on the first day of December, and the state fire marshal shall issue or renew a license only on that date and at no other time. If a manufacturer of fireworks wishes to continue manufacturing fireworks at the designated fireworks plant after its then effective license expires, it shall apply no later than the first day of October for a... |
|
Section 3743.041 | Issuance of end-of-moratorium fireworks manufacturer license.
...(A) Notwithstanding the requirements, contained in division (A) of section 3743.04 of the Revised Code, that the state fire marshal only issue the license of a manufacturer of fireworks on the first day of December and that the license is effective for one year, an applicant who applies for licensure pursuant to section 3743.021 of the Revised Code, and who meets the requirements for licensure contained in section 37... |
|
Section 3743.05 | Rules governing classification, manufacturing, and packaging.
...The fire marshal shall adopt rules in accordance with Chapter 119. of the Revised Code governing the classification of fireworks that are consistent with the classification of fireworks by the United States department of transportation as set forth in Title 49, Code of Federal Regulations, and the manufacture of fireworks and the storage of manufactured fireworks by licensed manufacturers of fireworks. The rules sha... |
|
Section 3743.06 | Operation of fireworks plants.
...In addition to conforming to the rules of the fire marshal adopted pursuant to section 3743.05 of the Revised Code, licensed manufacturers of fireworks shall operate their fireworks plants in accordance with the following: (A) Signs indicating that smoking is generally forbidden and trespassing is prohibited on the premises of a fireworks plant shall be posted on the premises in a manner determined by the fire mar... |
|
Section 3743.07 | Records.
...Licensed manufacturers of fireworks shall keep complete records of all fireworks in their inventory. |
|
Section 3743.08 | Inspections.
...(A) The state fire marshal may inspect the premises of a fireworks plant, and the inventory, wholesale sale, and retail sale records, of a licensed manufacturer of fireworks during the manufacturer's period of licensure to determine whether the manufacturer is in compliance with Chapter 3743. of the Revised Code and the rules adopted by the state fire marshal pursuant to section 3743.05 or 3743.22 of the Revised Code... |