Bill Text: OH HB43 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To eliminate duplicative fees for inspections of the facility layout and equipment of relocated food service operations.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2009-02-24 - To Local Government/Public Administration [HB43 Detail]

Download: Ohio-2009-HB43-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 43

Representative Evans 

Cosponsors: Representatives Huffman, Wagner, Mecklenborg, Stebelton, Fende 

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A BILL

To amend sections 3717.05, 3717.45, 3717.47, and

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3781.10 of the Revised Code to eliminate

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duplicative fees for inspections of the facility

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layout and equipment of relocated food service

4

operations.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3717.05, 3717.45, 3717.47, and	6
3781.10 of the Revised Code be amended to read as follows:	7

Sec. 3717.05.  (A) The director of agriculture and the public	8
health council shall adopt rules establishing standards for safe	9
food handling and sanitation in retail food establishments and	10
food service operations. The rules shall be compiled as the Ohio	11
uniform food safety code, which shall be used by the licensors of	12
retail food establishments and food service operations in ensuring	13
the safe handling of food in this state. All scientific provisions	14
of the Ohio uniform food safety code that are relevant to both	15
retail food establishments and food service operations shall be	16
adopted by the director of agriculture and the public health	17
council with each other's concurrence.	18

The Ohio uniform food safety code shall include the	19
following:	20

(1) Criteria for sanitation in retail food establishments and	21
food service operations;	22

(2) Criteria for equipment in retail food establishments and	23
food service operations;	24

(3) Criteria for reviewing the facility layout and equipment	25
specifications of retail food establishments and food service	26
operations, but the criteria shall not be used to disapprove the	27
facility layout and equipment of a food service operation	28
described in division (A)(2) of section 3717.47 of the Revised	29
Code;	30

(4) A definition of "potentially hazardous" as it pertains to	31
food in retail food establishments and to food in food service	32
operations;	33

(5) Criteria to be used in evaluating the primary business of	34
a person or government entity for purposes of determining whether	35
the person or entity should be licensed as a retail food	36
establishment or food service operation.	37

(B)(1) Except as provided in division (B)(2) of this section,	38
if a model food code is established by the United States food and	39
drug administration, the Ohio uniform food safety code shall be	40
based on the most current version of the food and drug	41
administration's model food code. If the food and drug	42
administration adopts, modifies, or rescinds a provision in the	43
model food code, not later than twelve months after the	44
administration's action, the director of agriculture and public	45
health council shall adopt, amend, or rescind provisions in the	46
Ohio uniform food safety code to ensure that it continues to	47
conform with the model food code.	48

(2) The Ohio uniform food safety code may contain or omit	49
provisions that do not correspond to the food and drug	50
administration's model food code if the director of agriculture or	51
the public health council, with each other's concurrence,	52
determines either of the following:	53

(a) That rules can be adopted under this chapter that provide	54
protection at least as effective as that which would be provided	55
by basing the rules on the model food code;	56

(b) That local conditions warrant the adoption of standards	57
that are different from the model food code.	58

Sec. 3717.45.  (A) A licensor may charge fees for issuing and	59
renewing food service operation licenses. Any licensing fee	60
charged shall be used solely for the administration and	61
enforcement of the provisions of this chapter and the rules	62
adopted under it applicable to food service operations.	63

Any licensing fee charged under this section shall be based	64
on the licensor's costs of regulating food service operations, as	65
determined according to the uniform methodologies established	66
under section 3717.07 of the Revised Code. If the licensor is a	67
board of health, a fee may be disapproved by the district advisory	68
council in the case of a general health district or the	69
legislative authority of the city in the case of a city health	70
district. A disapproved fee shall not be charged by the board of	71
health.	72

At least thirty days prior to establishing a licensing fee,	73
the licensor shall hold a public hearing regarding the proposed	74
fee. At least thirty days prior to the public hearing, the	75
licensor shall give written notice of the hearing to each person	76
or government entity holding a food service operation license that	77
may be affected by the proposed fee. The notice shall be mailed to	78
the last known address of the licensee and shall specify the date,	79
time, and place of the hearing and the amount of the proposed fee.	80
On request, the licensor shall provide the completed uniform	81
methodology used in the calculation of the licensor's costs and	82
the proposed fee.	83

(B) In addition to licensing fees, a licensor may charge fees	84
for the following:	85

(1) Review of facility layout and equipment specifications	86
pertaining to food service operations, other than mobile and	87
temporary food service operations, or similar reviews conducted	88
for vending machine locations, but a licensor may not charge a fee	89
for inspecting or reviewing the facility layout and equipment of a	90
food service operation described in division (A)(2) of section	91
3717.47 of the Revised Code;	92

(2) Any necessary collection and bacteriological examination	93
of samples from food service operations, or similar services	94
specified in rules adopted under this chapter by the public health	95
council;	96

(3) Attendance at a course of study offered by the licensor	97
in food protection as it pertains to food service operations, if	98
the course is approved under section 3717.09 of the Revised Code.	99

(C) The public health council may determine by rule an amount	100
to be collected from applicants for food service operation	101
licenses for use by the director of health in administering and	102
enforcing the provisions of this chapter and the rules adopted	103
under it applicable to food service operations. Licensors shall	104
collect the amount prior to issuing an applicant's new or renewed	105
license. If a licensing fee is charged under this section, the	106
licensor shall collect the amount at the same time the fee is	107
collected. Licensors are not required to provide notice or hold	108
public hearings regarding amounts collected under this division.	109

Not later than sixty days after the last day of the month in	110
which a license is issued, the licensor shall certify the amount	111
collected under this division and transmit the amount to the	112
treasurer of state. All amounts received shall be deposited into	113
the general operations fund created in section 3701.83 of the	114
Revised Code. The director shall use the amounts solely for the	115
administration and enforcement of the provisions of this chapter	116
and the rules adopted under it applicable to food service	117
operations.	118

The director may submit recommendations to the public health	119
council regarding the amounts collected under this division. When	120
making recommendations, the director shall submit a report stating	121
the current and projected expenses of administering and enforcing	122
the provisions of this chapter and the rules adopted under it	123
applicable to food service operations and the total of all amounts	124
that have been deposited in the general operations fund pursuant	125
to this division. The director may include in the report any	126
recommendations for modifying the department's administration and	127
enforcement of the provisions of this chapter and the rules	128
adopted under it applicable to food service operations.	129

Sec. 3717.47.  (A)(1) All inspections of food service	130
operations conducted by a licensor under this chapter shall be	131
conducted according to the procedures and schedule of frequency	132
specified in rules adopted under section 3717.51 of the Revised	133
Code. An inspection may be performed only by an individual	134
registered as a sanitarian or sanitarian-in-training under Chapter	135
4736. of the Revised Code. Each inspection shall be recorded on a	136
form prescribed and furnished by the director of health or a form	137
approved by the director that has been prescribed by a board of	138
health acting as licensor. With the assistance of the director, a	139
board acting as licensor, to the extent practicable, shall	140
computerize the inspection process and shall standardize the	141
manner in which its inspections are conducted.	142

(2) If a licensor inspects the facility layout and equipment	143
of a food service operation that has been relocated, the food	144
service operation license of which has been transferred and the	145
business objectives of which at the new location are not different	146
from the business objectives of which at the former location, the	147
licensor shall do so in accordance with the rules adopted under	148
division (A)(1) of section 3781.10 of the Revised Code, and may	149
not charge a fee for the inspection.	150

(B) A person or government entity holding a food service	151
operation license shall permit the licensor to inspect the food	152
service operation for purposes of determining compliance with this	153
chapter and the rules adopted under it or investigating a	154
complaint regarding foodborne disease. On request of the licensor,	155
the license holder shall permit the licensor to examine the	156
records of the food service operation to obtain information about	157
the purchase, receipt, or use of food, supplies, and equipment.	158

A licensor may inspect any mobile food service operation or	159
catering food service operation being operated within the	160
licensor's district. If an inspection of a mobile or catering food	161
service operation is conducted by a licensor other than the	162
licensor that issued the license for the operation, a report of	163
the inspection shall be sent to the issuing licensor. The issuing	164
licensor may use the inspection report to suspend or revoke the	165
license under section 3717.49 of the Revised Code.	166

(C) An inspection may include an investigation to determine	167
the identity and source of a particular food.	168

Sec. 3781.10. (A)(1) The board of building standards shall	169
formulate and adopt rules governing the erection, construction,	170
repair, alteration, and maintenance of all buildings or classes of	171
buildings specified in section 3781.06 of the Revised Code,	172
including land area incidental to those buildings, the	173
construction of industrialized units, the installation of	174
equipment, the inspection of the facility layout and equipment of	175
food service operations described in division (A)(2) of section	176
3717.47 of the Revised Code, and the standards or requirements for	177
materials used in connection with those buildings. The board	178
shall incorporate those rules into separate residential and	179
nonresidential building codes. The standards shall relate to the	180
conservation of energy and the safety and sanitation of those	181
buildings.	182

(2) The rules governing nonresidential buildings are the	183
lawful minimum requirements specified for those buildings and	184
industrialized units, except that no rule other than as provided	185
in division (C) of section 3781.108 of the Revised Code that	186
specifies a higher requirement than is imposed by any section of	187
the Revised Code is enforceable. The rules governing residential	188
buildings are uniform requirements for residential buildings in	189
any area with a building department certified to enforce the state	190
residential building code. In no case shall any local code or	191
regulation differ from the state residential building code unless	192
that code or regulation addresses subject matter not addressed by	193
the state residential building code or is adopted pursuant to	194
section 3781.01 of the Revised Code.	195

(3) The rules adopted pursuant to this section are complete,	196
lawful alternatives to any requirements specified for buildings	197
or industrialized units in any section of the Revised Code. The	198
board shall, on its own motion or on application made under	199
sections 3781.12 and 3781.13 of the Revised Code, formulate,	200
propose, adopt, modify, amend, or repeal the rules to the extent	201
necessary or desirable to effectuate the purposes of sections	202
3781.06 to 3781.18 of the Revised Code.	203

(B) The board shall report to the general assembly proposals	204
for amendments to existing statutes relating to the purposes	205
declared in section 3781.06 of the Revised Code that public health	206
and safety and the development of the arts require and shall	207
recommend any additional legislation to assist in carrying out	208
fully, in statutory form, the purposes declared in that section.	209
The board shall prepare and submit to the general assembly a	210
summary report of the number, nature, and disposition of the	211
petitions filed under sections 3781.13 and 3781.14 of the Revised	212
Code.	213

(C) On its own motion or on application made under sections	214
3781.12 and 3781.13 of the Revised Code, and after thorough	215
testing and evaluation, the board shall determine by rule that any	216
particular fixture, device, material, process of manufacture,	217
manufactured unit or component, method of manufacture, system, or	218
method of construction complies with performance standards adopted	219
pursuant to section 3781.11 of the Revised Code. The board shall	220
make its determination with regard to adaptability for safe and	221
sanitary erection, use, or construction, to that described in any	222
section of the Revised Code, wherever the use of a fixture,	223
device, material, method of manufacture, system, or method of	224
construction described in that section of the Revised Code is	225
permitted by law. The board shall amend or annul any rule or issue	226
an authorization for the use of a new material or manufactured	227
unit on any like application. No department, officer, board, or	228
commission of the state other than the board of building standards	229
or the board of building appeals shall permit the use of any	230
fixture, device, material, method of manufacture, newly designed	231
product, system, or method of construction at variance with what	232
is described in any rule the board of building standards adopts or	233
issues or that is authorized by any section of the Revised Code.	234
Nothing in this section shall be construed as requiring approval,	235
by rule, of plans for an industrialized unit that conforms with	236
the rules the board of building standards adopts pursuant to	237
section 3781.11 of the Revised Code.	238

(D) The board shall recommend rules, codes, and standards to	239
help carry out the purposes of section 3781.06 of the Revised Code	240
and to help secure uniformity of state administrative rulings and	241
local legislation and administrative action to the bureau of	242
workers' compensation, the director of commerce, any other	243
department, officer, board, or commission of the state, and to	244
legislative authorities and building departments of counties,	245
townships, and municipal corporations, and shall recommend that	246
they audit those recommended rules, codes, and standards by any	247
appropriate action that they are allowed pursuant to law or the	248
constitution.	249

(E)(1) The board shall certify municipal, township, and	250
county building departments and the personnel of those building	251
departments, and persons and employees of individuals, firms, or	252
corporations as described in division (E)(7) of this section to	253
exercise enforcement authority, to accept and approve plans and	254
specifications, and to make inspections, pursuant to sections	255
3781.03, 3791.04, and 4104.43 of the Revised Code. Those certified	256
to make inspections shall inspect the facility layout and	257
equipment of food service operations described in division (A)(2)	258
of section 3717.47 of the Revised Code.	259

(2) The board shall certify departments, personnel, and	260
persons to enforce the state residential building code, to enforce	261
the nonresidential building code, or to enforce both the	262
residential and the nonresidential building codes. Any department,	263
personnel, or person may enforce only the type of building code	264
for which certified.	265

(3) The board shall not require a building department, its	266
personnel, or any persons that it employs to be certified for	267
residential building code enforcement if that building department	268
does not enforce the state residential building code. The board	269
shall specify, in rules adopted pursuant to Chapter 119. of the	270
Revised Code, the requirements for certification for residential	271
and nonresidential building code enforcement, which shall be	272
consistent with this division. The requirements for residential	273
and nonresidential certification may differ. Except as otherwise	274
provided in this division, the requirements shall include, but are	275
not limited to, the satisfactory completion of an initial	276
examination and, to remain certified, the completion of a	277
specified number of hours of continuing building code education	278
within each three-year period following the date of certification	279
which shall be not less than thirty hours. The rules shall provide	280
that continuing education credits and certification issued by the	281
council of American building officials, national model code	282
organizations, and agencies or entities the board recognizes are	283
acceptable for purposes of this division. The rules shall specify	284
requirements that are compatible, to the extent possible, with	285
requirements the council of American building officials and	286
national model code organizations establish.	287

(4) The board shall establish and collect a certification and	288
renewal fee for building department personnel, and persons and	289
employees of persons, firms, or corporations as described in this	290
section, who are certified pursuant to this division.	291

(5) Any individual certified pursuant to this division shall	292
complete the number of hours of continuing building code education	293
that the board requires or, for failure to do so, forfeit	294
certification.	295

(6) This division does not require or authorize the board to	296
certify personnel of municipal, township, and county building	297
departments, and persons and employees of persons, firms, or	298
corporations as described in this section, whose responsibilities	299
do not include the exercise of enforcement authority, the approval	300
of plans and specifications, or making inspections under the state	301
residential and nonresidential building codes.	302

(7) Enforcement authority for approval of plans and	303
specifications and enforcement authority for inspections may be	304
exercised, and plans and specifications may be approved and	305
inspections may be made on behalf of a municipal corporation,	306
township, or county, by any of the following who the board of	307
building standards certifies:	308

(a) Officers or employees of the municipal corporation,	309
township, or county;	310

(b) Persons, or employees of persons, firms, or corporations,	311
pursuant to a contract to furnish architectural, engineering, or	312
other services to the municipal corporation, township, or county;	313

(c) Officers or employees of, and persons under contract	314
with, a municipal corporation, township, county, health district,	315
or other political subdivision, pursuant to a contract to furnish	316
architectural, engineering, or other services.	317

(8) Municipal, township, and county building departments have	318
jurisdiction within the meaning of sections 3781.03, 3791.04, and	319
4104.43 of the Revised Code, only with respect to the types of	320
buildings and subject matters for which they are certified under	321
this section.	322

(9) Certification shall be granted upon application by the	323
municipal corporation, the board of township trustees, or the	324
board of county commissioners and approval of that application by	325
the board of building standards. The application shall set forth:	326

(a) Whether the certification is requested for residential or	327
nonresidential buildings, or both;	328

(b) The number and qualifications of the staff composing the	329
building department;	330

(c) The names, addresses, and qualifications of persons,	331
firms, or corporations contracting to furnish work or services	332
pursuant to division (E)(7)(b) of this section;	333

(d) The names of any other municipal corporation, township,	334
county, health district, or political subdivision under contract	335
to furnish work or services pursuant to division (E)(7) of this	336
section;	337

(e) The proposed budget for the operation of the building	338
department.	339

(10) The board of building standards shall adopt rules	340
governing all of the following:	341

(a) The certification of building department personnel and	342
persons and employees of persons, firms, or corporations	343
exercising authority pursuant to division (E)(7) of this section.	344
The rules shall disqualify any employee of the department or	345
person who contracts for services with the department from	346
performing services for the department when that employee or	347
person would have to pass upon, inspect, or otherwise exercise	348
authority over any labor, material, or equipment the employee or	349
person furnishes for the construction, alteration, or maintenance	350
of a building or the preparation of working drawings or	351
specifications for work within the jurisdictional area of the	352
department. The department shall provide other similarly qualified	353
personnel to enforce the residential and nonresidential building	354
codes as they pertain to that work.	355

(b) The minimum services to be provided by a certified	356
building department.	357

(11) The board of building standards may revoke or suspend	358
certification to enforce the residential and nonresidential	359
building codes, on petition to the board by any person affected by	360
that enforcement or approval of plans, or by the board on its own	361
motion. Hearings shall be held and appeals permitted on any	362
proceedings for certification or revocation or suspension of	363
certification in the same manner as provided in section 3781.101	364
of the Revised Code for other proceedings of the board of building	365
standards.	366

(12) Upon certification, and until that authority is revoked,	367
any county or township building department shall enforce the	368
residential and nonresidential building codes for which it is	369
certified without regard to limitation upon the authority of	370
boards of county commissioners under Chapter 307. of the Revised	371
Code or boards of township trustees under Chapter 505. of the	372
Revised Code.	373

(F) In addition to hearings sections 3781.06 to 3781.18 and	374
3791.04 of the Revised Code require, the board of building	375
standards shall make investigations and tests, and require from	376
other state departments, officers, boards, and commissions	377
information the board considers necessary or desirable to assist	378
it in the discharge of any duty or the exercise of any power	379
mentioned in this section or in sections 3781.06 to 3781.18,	380
3791.04, and 4104.43 of the Revised Code.	381

(G) The board shall adopt rules and establish reasonable fees	382
for the review of all applications submitted where the applicant	383
applies for authority to use a new material, assembly, or product	384
of a manufacturing process. The fee shall bear some reasonable	385
relationship to the cost of the review or testing of the	386
materials, assembly, or products and for the notification of	387
approval or disapproval as provided in section 3781.12 of the	388
Revised Code.	389

(H) The residential construction advisory committee shall	390
provide the board with a proposal for a state residential building	391
code that the committee recommends pursuant to division (C)(1) of	392
section 4740.14 of the Revised Code. Upon receiving a	393
recommendation from the committee that is acceptable to the board,	394
the board shall adopt rules establishing that code as the state	395
residential building code.	396

(I) The board shall cooperate with the director of job and	397
family services when the director promulgates rules pursuant to	398
section 5104.05 of the Revised Code regarding safety and	399
sanitation in type A family day-care homes.	400

(J) The board shall adopt rules to implement the requirements	401
of section 3781.108 of the Revised Code.	402

Section 2. That existing sections 3717.05, 3717.45, 3717.47,	403
and 3781.10 of the Revised Code are hereby repealed.	404