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OPERATION SAFE STAY GUIDANCE DOCUMENT
For all licensed Ohio Hotel Facilities
Ohio Department of Commerce Division of State Fire Marshal
State Fire Marshal Jeff A. Hussey Code Enforcement Bureau
May 2019
i
Ohio Business Compliance Incentive
Operation Safe Stay
Guidance Document
Written by:
Ohio Department of Commerce Division of State Fire Marshal
Division Counsel / Code Enforcement Bureau
8895 E. Main Street Reynoldsburg, OH 43068
PH: (888) 276-0303 / (614) 728-5460 Fax: (614) 728-5168
[email protected] (SFM Code Enforcement) [email protected] (SFM)
Published May 2019, Second Edition
ii
Dedication Page
This manual is dedicated to the citizens of Ohio, guests of Ohio, and all members of the
Hotel industry who conduct business within the State of Ohio and diligently work to
make Ohio a safe and comfortable place to visit.
This manual is also dedicated to the field inspectors of the State Fire Marshal’s Code
Enforcement Bureau who annually conduct thousands of hotel inspections in response
to licensure applications and citizen complaints. These inspectors work tirelessly not
only to inform and educate regarding fire safety and sanitary standards, but also to
ensure compliance with those standards so that the citizens of and visitors to the State
of Ohio can safely experience all Ohio has to offer its citizens and guests.
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Table of Contents
Preface ...................................................................................................................................... v
Introduction ................................................................................................................................ vi
Operation Safe Stay ................................................................................................................... 1
Qualification and Designation as an Ohio Safe Stay Hotel ..................................................... 2
Disqualification and Revocation as an Ohio Safe Stay Hotel ................................................. 4
Compliance with Operation Safe Stay Requirements ............................................................. 5
Hotel License and License Transfer ........................................................................................... 6
Topical Reference Guide to relevant Laws and Rules ................................................................ 8
Arson Laws - Posting .............................................................................................................. 8
Construction / Renovation ...................................................................................................... 8
Corridor Walls / Fire Walls / Smoke Walls .............................................................................. 8
Curtains, Draperies, Furnishings and Decorations .................................................................. 9
Doors ....................................................................................................................................10
Electrical ................................................................................................................................10
Elevators and Dumbwaiters ...................................................................................................11
Emergency Lighting and Exit Signs .......................................................................................11
Exits ......................................................................................................................................12
Fire Alarm System .................................................................................................................12
Fire Evacuation Drills .............................................................................................................13
Fire Evacuation Plan .............................................................................................................13
Fire Extinguishers ..................................................................................................................14
Fire Safety Plan .....................................................................................................................15
Fire Watch .............................................................................................................................16
Generators ............................................................................................................................17
Guest Register ......................................................................................................................17
Heating, Ventilation, Air Conditioning & Cooling (HVAC) .......................................................18
Hood Suppression System ...................................................................................................18
Laundry .................................................................................................................................19
License - Posting ...................................................................................................................19
Premises Identification ..........................................................................................................19
Posting ..................................................................................................................................19
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Property Maintenance ...........................................................................................................20
Responsible Person on Duty .................................................................................................21
Room Rates - Posting ...........................................................................................................21
Sanitary Requirements ..........................................................................................................21
Sleeping and Bath Area - Cooking Facilities ..........................................................................21
Smoke Detectors ...................................................................................................................22
Smoking Regulations .............................................................................................................22
Sprinkler System ...................................................................................................................23
Stairwells ...............................................................................................................................24
Ventilation ..............................................................................................................................24
Developing a Property Maintenance Program ...........................................................................25
Appendix A - Maintnance Schedules and Required Documents ................................................26
Appendix B - Definitions ............................................................................................................28
Appendix C - Hotel Laws and Rules ..........................................................................................31
Ohio Revised Code Chapter 3731: Hotels. ....................................................................................... 31
Ohio Fire Code Section 118: Hotel and SRO facility license ......................................................... 40
Operation Safe Stay Regulations .................................................................................................... 46
Ohio Revised Code Chapter 2909 (part): Arson and Related Offenses……….…...…………..49
Appendix D – NFPA Testing Frequencies .................................................................................51
Appendix E – Forms .................................................................................................................73
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Preface
On June 16, 2014, then Ohio Governor John R. Kasich signed House Bill 486 (of the 130th
Ohio General Assembly) (hereinafter, “HB 486”) into law. HB 486 included the creation of the
Ohio Business Compliance Incentive (hereinafter, “OBCI”) program which is a transformative
approach to regulation. This program encourages compliance with regulations while safeguarding
Ohioans and Ohio visitors. “This is a program that will continue to allow the Department of
Commerce to hold businesses accountable, but will recognize and incentivize those who are
consistently compliant,” said Andre T. Porter, then Director of the Ohio Department of Commerce.
“By recognizing and rewarding compliant businesses, we can achieve the goal of getting
government out of the way of successful and responsible businesses and we can shift our
resources to focus on the fringe actors who are not compliant.”
One of the programs included in the OBCI initiative is called the “Ohio Safe Stay Hotel”
program, or “Operation Safe Stay.” Operation Safe Stay publically designates as a “Safe Stay
hotel” those hotel facilities in Ohio that consistently meet the highest level of Ohio Fire Code-
based fire and life safety standards and Ohio Revised Code-based sanitary standards. With
objectives to protect the public, to prevent fires from occurring, and to ensure safety when fires
and other emergencies do happen, the Ohio Fire Code is routinely updated to the latest and most
effective technology in fire protection. The Ohio Fire Code is the minimum standard for fire safety
requirements in new and existing buildings and contains references to rules and regulations
established by the National Fire Protection Association, a private, non-profit organization
dedicated to reducing fire related fatalities.
Operation Safe Stay is designed to make Ohio even safer for those who travel through
and within Ohio. Only those hotel facilities that meet or exceed the requirements of the Operation
Safe Stay program will be designated as a Safe Stay hotel. This means that any hotel so
designated will have consistently been in compliance (for a period of at least two years) with,
amongst other things, fire safety standards and sanitary standards established in the State of
Ohio. Facilities will be able to advertise that they are a Safe Stay hotel and the public will be
able to readily identify those establishments that are in compliance with safety and sanitary
standards and make an informed decision on which establishments to patronize.
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Introduction
All hotels in the State of Ohio are required to be licensed prior to opening for business and
must thereafter renew their license to operate annually. Hotel licenses (and renewals) are
obtained through the Ohio Department of Commerce, Division of State Fire Marshal (SFM)
Bureau of Testing and Registration. Prior to any hotel license being issued or renewed, however,
Fire Safety Inspectors of the SFM’s Code Enforcement Bureau conduct an inspection of the
facility to ensure that it is in compliance with fire safety standards and sanitary requirements set
forth in the Ohio Fire Code and the Ohio Revised Code. Inspections may also be conducted
subsequent to a complaint filed by members of the public regarding conditions at a hotel.
Many hotels in Ohio are routinely in compliance with Ohio Fire Code safety measures and
applicable sanitary standards. Operation Safe Stay was designed not only to acknowledge those
hotels that are compliant, but to also provide a mechanism whereby the public can readily identify
those hotels. When a hotel meets the qualifications of the Operation Safe Stay program and is
designated as a Safe Stay Hotel by the State Fire Marshal, it will be issued a decal for display at
its facility and use in its literature and advertising campaigns. Use and display of the decal will
allow the public to make an informed decision about staying at a facility and will be a readily
identifiable symbol letting the public know that any facility legally displaying the decal is
consistently operated within all applicable Ohio Fire Code provisions and all applicable sanitary
requirements. In addition, the SFM maintains on its website a list of all hotels that are designated
as a Safe Stay Hotel. The list is updated daily so that the most current and up to date information
possible is available to the public.
This “Operation Safe Stay Guidance Document” was developed as an educational tool
only and is intended for use by personnel of the Ohio hotel industry to help them achieve and
maintain compliance with Ohio Fire Code fire safety standards. Likewise, this manual is intended
to provide an overview of applicable sanitary standards that each facility must meet in order to be
in compliance with applicable Ohio Revised Code requirements. This manual can be used by
those in the industry as a starting point and as a quick reference tool regarding some of the most
basic requirements necessary to maintain and improve fire safety conditions and to qualify for
and participate in the Operation Safe Stay program.
This document is intended to provide general guidance and direction only. It does
not contain all rules and standards that must be followed and is not intended to be fully
inclusive of all applicable provisions of the Ohio Revised Code, the Ohio Fire Code, the
Ohio Building Code, or other applicable National Fire Protection Association standards.
Determinations of compliance with applicable standards are made at the time of inspection.
However, this manual should provide a comprehensive overview of safety procedures that, if
followed, will help ensure compliance, safety, and qualification for the Operation Safe Stay
program. Any questions regarding specific requirements or their applicability should be
addressed to either the SFM’s Code Enforcement Bureau or to the facilities’ legal counsel.
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Operation Safe Stay
Operation Safe Stay is an incentive program established by then Governor John R.
Kasich as a part of the 2014 “Ohio Business Compliance Initiative” (OBCI). The OBCI program
was a transformative approach to business regulation designed to encourage business owners
to comply with applicable law and rules and to publicly recognize those that routinely do so, while
at the same time continuing to safeguarding Ohioans and Ohio’s visitors.
The Operation Safe Stay portion of the OBCI program is directly targeted towards Ohio’s
hotel industry. Many hotel facilities routinely operate in a code-compliant manner; Operation
Safe Stay is a way to recognize those hotel facilities that are consistently in compliance with
applicable Ohio Fire Code (OFC)-based fire and life safety standards and Ohio Revised Code
(R.C.)-based sanitary standards. The program is also designed to incentivize fringe actors to
bring their facilities into compliance and to thereafter continually maintain them in a compliant
manner.
Any licensed hotel facility that meets the qualifications for the Operation Safe Stay
program will be designated by the SFM as an “Ohio Safe Stay Hotel.” The first “Operation
Safe Stay” hotel designations were awarded in January 2017. All hotels that qualify as an Ohio
Safe Stay Hotel are awarded Safe Stay status by the SFM and receive a letter notifying them of
their designation. The facility also receives a window decal that can be used in the facility’s
lobby, much like a “Better Business Bureau” or “AAA” decal. The facility can also use a digital
copy of the logo in its advertising campaigns.
Although a hotel cannot use the Safe Stay logo or advertise itself as a Safe Stay hotel
if it has not been designated as such by the SFM, once a facility does qualify for the program
and is awarded Safe Stay status, the facility may choose to participate or to not participate in
the program. However, the use of the logo by qualifying Ohio hotels will allow the public to readily
identify those facilities that consistently meet the applicable fire and life safety standards or, in
other words, that consistently operate their business in a fire code compliant manner.
The SFM also maintains a list on its website (website) of all licensed hotels in the State
of Ohio that qualify as a Safe Stay hotel and identifies which ones are participating in the
program. Visitors to the site can see a list of all qualifying hotels or search for any Ohio hotel by
name or location. The information on the website is updated daily and serves as the most up to
date information regarding the status of every licensed hotel in the State.
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Qualification and Designation as an Ohio Safe Stay Hotel
The SFM licenses all hotels in the State of Ohio. All hotels are inspected annually upon
application for licensure renewal, or at any time throughout the year if the SFM’s Code
Enforcement Bureau (CEB) receives a complaint regarding the facility. When conducting their
inspections, CEB Fire Safety Inspectors are looking to ensure that each facility is in compliance
with both the sanitary standards that hotel facilities are required to follow pursuant to the R.C.
and with all applicable safety provisions of the OFC.
The specific requirements of the Operation Safe Stay program are set forth in the OFC
at sections 118.8.3 and 118.8.4. Those provisions are as follows:
OFC 118.8.3 Qualifications for "Ohio Safe Stay Hotel" designation. In order to be designated as an "Ohio Safe Stay Hotel" by the state fire marshal, a hotel must meet all of the following:
(i) The hotel must have been issued a valid license to operate a hotel by the state fire marshal for the applicable calendar year; and
(ii) The state fire marshal must receive from a hotel a hotel license renewal application to operate a hotel in a timely manner and the application shall contain true and accurate information; and
(a) For the purposes of qualifying for an "Ohio Safe Stay Hotel" designation, a hotel license renewal application is considered timely if the application, all required paperwork, and all associated fees are received by the division of state fire marshal on or before October 1 of each calendar year. The state fire marshal may change or extend this deadline in the state fire marshal's sole discretion. Notice of any change or extension of the deadline for timely submission of a hotel license renewal application shall be given as set forth in paragraph (R)(8)(i)( 118.8 9) of this rule.
(iii) The hotel must not be in violation of any provision of this code, paragraph (R)(118) of this rule, or of the sanitary compliance standards set forth in chapter 3731. of the Revised Code or any rules adopted pursuant thereto; and
Exception: A hotel having only minor violations of this code at the time of inspection may qualify for the "Ohio Safe Stay Hotel" designation if all minor violations are immediately corrected during the course of the inspection and before the state fire marshal concludes the inspection as documented in an inspection report and said minor violations do not result in the issuance of a citation pursuant to section 3737.41 or section 3737.42 of the Revised Code.
(iv) No finding of nuisance shall have been issued by a court of competent jurisdiction against the hotel, hotel owner, operator, or responsible person, or against the property upon which the hotel is located; and
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(v) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of chapter 2925. or chapter 3719. of the Revised Code shall have been entered by a court of competent jurisdiction against any hotel owner, operator, or responsible person, wherein the offense or conviction relate to conduct that occurred at any structure licensed under, subject to the licensure requirements of, or previously licensed under chapter 3731. of the Revised Code; and
(vi) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of chapter 2925. or chapter 3719. of the Revised Code shall have been entered by a court of competent jurisdiction against any person wherein the conduct that is the basis for such finding or conviction was engaged in on the premises of the hotel seeking a designation under this section and it is demonstrated that the hotel owner, operator or responsible person knew or should have known of such conduct prior to its occurrence.
OFC 118.8.4 "Ohio Safe Stay Hotel" designation. Commencing with the licensure period after the effective date of this rule and upon submission of an application to renew a license to operate a hotel, the state fire marshal may designate the hotel as an "Ohio Safe Stay Hotel" if both of the following are met:
(i) The hotel is in compliance with the qualifications set forth in paragraph (R)(8)(c)(i)(118.8.3) to (R)(8)(c)(iii)(118.8.3) of this rule for a period of twenty four consecutive months immediately preceding the licensure period to which the application applies; and
(ii) The hotel is in compliance with the qualifications set forth in paragraph
(R)(8)(c)(iv)(118.8.3) to (R)(8)(c)(vi)(118.8.3) of this rule for a period of sixty
consecutive months preceding the licensure period to which the application
applies.
Summary of Qualifications
Essentially, if – for a period of 24 consecutive months – a hotel has maintained a valid
license to operate, has submitted its’ renewal application in a timely manner (on or before October
1 of each calendar year), and has been in compliance with all applicable R.C. and OFC
requirements, and if – for a period of 60 consecutive months – there has not been a finding of
nuisance or a conviction for lewdness, assignation or prostitution, or felony drug activity against
the facility (or in some cases, against the owner or operator of the hotel), the hotel may qualify for
participation in the Operation Safe Stay program and for designation as an Ohio Safe Stay
Hotel.
However, if the hotel has been subject to a citation for non-compliance with applicable
OFC or sanitary standards – for any violation that is not a minor violation – the hotel may be
disqualified from participation in the program until such time as it has been in compliance for a
period of 24 consecutive months. For the purposes of the Operation Safe Stay program, a minor
violation is a violation that does not pose an immediate threat to life or property and that can be
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and is corrected during the course of the inspection. Therefore, if violations are found that cannot
be corrected or are not corrected immediately, the facility will not qualify for designation or
continued designation as a Safe Stay Hotel, and any designation that has previously been issued
will be revoked or not renewed.
Additionally, if there has been a finding of nuisance activity or felony drug or prostitution
activity at the hotel facility that leads to a conviction, the hotel may be disqualified for participation
in the program until such time as it has been free of such activity for a period of 60 consecutive
months and meets the other program requirements as set forth above.
Hotels that do qualify for the Safe Stay designation will receive their designation in
conjunction with or just after their annual license renewal. Those hotels that meet the above
qualifications and submit their annual hotel license renewal application to the State Fire Marshal
on or before October 1 of each calendar year will be issued a Safe Stay Hotel decal.
Hotels that are designated as a Safe Stay Hotel and are issued a Safe Stay decal will be
able to reproduce the decal for use in print and digital advertising campaigns. Hotels may display
the decal in their facility, on their literature, on their website, and on any other media campaigns
they may have (digital or otherwise). The decal may be used at any and all times during which
the facility does in fact hold the designation. However, if the designation is revoked the facility
must immediately cease using the decal in any and all manners, including but not limited to all
advertising and media formats.
In addition to use of the decal or Safe Stay Hotel designation, all qualifying hotels are
listed as qualifying participants in the Operation Safe Stay program on the SFM’s website
(website). The SFM publishes and maintains a current list on its website of all licensed hotels in
the state which qualify for the Operation Safe Stay program. The SFM’s website also sets forth
the requirements for qualification in the program and offers many other resources regarding not
only hotels, but all SFM functions.
Disqualification and Revocation of Designation as an Ohio Safe Stay Hotel
No hotel may misrepresent itself as a Safe Stay Hotel if, in fact, it does not hold the
designation and/or the designation has been revoked or not renewed by the SFM. The
designation may be revoked by the SFM for any of the following reasons, as set forth in OFC
section 118.8.8:
OFC 118.8.8 Revocation or non-renewal of designation. The state fire marshal may revoke or deny renewal of the designation of a hotel as an "Ohio Safe Stay Hotel" in the event of any of the following:
(i) Upon a determination by the state fire marshal that the hotel is not in compliance with any of the provisions of paragraph (R)(8)(c)( 118.8 3) or (R)(8)(d)( 118.8 4) of this rule; or
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(ii) An alteration or modification of the hotel that is not approved and/or permitted in conformance with the provisions of this rule and/or the building code as listed in rule 1301:7-7-80 of the Administrative Code; or
(iii) Misuse of the "Ohio Safe Stay Hotel" logo, decal, or designation or misrepresentation of a hotel as a designated "Ohio Safe Stay Hotel" at any time within sixty consecutive months immediately preceding the licensure period during which the state fire marshal becomes aware of the misuse or misrepresentation.
If a hotel's designation is revoked or not renewed by the state fire marshal, the logo, decal, or designation shall be immediately removed from the hotel facility and from all of its literature and marketing and advertising campaigns in any format or medium, the hotel's designation as an "Ohio Safe Stay Hotel" in the registry of hotels shall be removed, and the hotel shall immediately cease all use and/or reproduction of the logo, decal, or designation in any manner.
If a hotel’s designation as a Safe Stay Hotel is revoked or not-renewed upon submission
of a renewal application for a license to operate a hotel, the SFM will notify the hotel owner,
operator and/or responsible person via the issuance of letter to the owner, operator, and/or
responsible person informing them that the hotel’s designation has been revoked or not-renewed.
The letter shall set forth the reasons the hotel’s designation has been revoked or not-renewed.
Upon receipt of the letter, the facility must immediately stop using the Ohio Safe Stay Hotel logo,
decal and designation in any and all manners in which the facility has used the logo, decal or
designation.
If a hotel’s designation as a Safe Stay hotel is revoked pursuant to an inspection that
results in the issuance of a citation for violations of or non-compliance with applicable OFC and
R.C. provisions, the receipt of the citation constitutes notice to the facility that its qualification for
participation in the Operation Safe Stay program has been revoked. At that time, the facility
must immediately stop using the Ohio Safe Stay Hotel logo, decal and designation in any and
all manners in which the facility has used the logo, decal or designation.
Compliance with Operation Safe Stay Requirements
Because participation in Operation Safe Stay is largely dependent on a facility’s
compliance with applicable OFC and R.C. safety and sanitary standards, the following pages
contain multiple tools that can be utilized by a facility to help ensure compliance with Operation
Safe Stay requirements. This manual addresses hotel licensure requirements and contains a
topical reference guide of applicable OFC and R.C. standards which outlines various code
requirements and provides a quick reference regarding specified topics. This manual also
discusses the importance of developing a preventative maintenance program and how such a
program can be an invaluable mechanism for achieving facility compliance and optimum
efficiency. Finally, checklists for required documents and maintenance schedules and applicable
OFC and R.C. standards are also provided.
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Hotel Licensure and License Transfer
Licensure R.C. § 3731.03; OFC § 118.7
o All hotel licenses expire on December 31 of each year.
o No hotel facility shall be maintained, conducted or advertised without a license.
o No person shall fail or refuse to comply with R.C. Chapter 3731. or the OFC.
o A license to maintain and operate a hotel facility shall not be issued to the keeper, owner
or lessee of any hotel facility where accommodations for assignation (prostitution)
purposes are furnished.
o A license to maintain and operate a hotel facility shall not be issued to any keeper, owner,
or lessee who has been convicted of keeping a place in violation of the law relating to
houses of assignation or places of public nuisance.
o To obtain or renew a license to operate a hotel, the hotel owner, operator, manager or
other responsible person shall submit to the SFM all of the following:
❖ an application with the appropriate fee payment
❖ any information required by R.C. Chapter 3731. including, but not limited to, the
following:
▪ The appropriate licensure category for the facility and applicable
documentation as follows:
Transient stay hotel
• A valid certificate of occupancy demonstrating approval of
sleeping accommodations for transient guests for a period
of thirty days or less.
• A list of which rooms, identified by room number, are offered
for occupancy for periods of 30 days or less.
Extended stay hotel
• A valid certificate of occupancy demonstrating that each unit
the licensee intends to use as an extended stay guestroom
has been specifically approved as a dwelling unit or
efficiency containing provisions for living, eating, cooking,
sanitation and sleeping.
• A list of which rooms, identified by room number, are offered
for occupancy for periods exceeding 30 days.
7
270 stay hotel
• Plans indicating that the fire alarm system meets the
requirements of R.C. section 3731.041.
• A list of which rooms, identified by room number, are offered
for occupancy for periods exceeding 30 days but less than
270 days.
Residential hotel
• A valid certificate of occupancy demonstrating that the
facility has been constructed and approved as having both
dwelling unit features for non-transient residence purposes
and all of the transient residential occupancy features of a
transient hotel in accordance with the residential group R-1
use and occupancy classification.
Transfer and Information Changes R.C. § 3731.03; OFC § 118.7
o If the ownership of a hotel facility is transferred from one person or entity to another, the
new owner must request a transfer of the license from the State Fire Marshal.
o A transfer request must be made upon the sale or disposition of the facility or upon
its removal to a new location.
o No license shall be transferred without the consent of the State Fire Marshal.
o The transfer of a hotel license is contingent upon an inspection verifying
compliance with the Ohio Revised Code and Ohio Administrative Code.
o The State Fire Marshal may refuse to permit a license already issued to be transferred to
a different owner if the approval of the proposed transfer would be contrary to applicable
law or code.
For more information regarding hotel licensure and applicable laws and rules,
please contact the SFM’s Bureau of Testing and Registration
8895 E. Main Street
Reynoldsburg, OH 43068
(877) 264-0023
(614) 752-7126
Fax: (614) 995-4206
Email: [email protected]
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Topical Reference Guide to Applicable Ohio Revised Code and Ohio Fire Code
Rules and Requirements for Hotel Facilities
Many rules and standards contained within the R.C. and/or the OFC are applicable to the
safe operation of hotel facilities. The following is an alphabetical topical list intended to be used
as a quick reference guide to aid in the basic, minimum standards for the given topic. For
complete information regarding each topic, the applicable R.C and OFC provision(s) are
referenced so interested persons can review the full text of the applicable law or rule. The full
text of some relevant R.C. and OFC provisions specific to hotels is provided in Appendix C. In
addition, certain OFC specific definitions can be found in Appendix B and testing frequencies for
fire protection equipment can be found in Appendix D. This topical reference is intended as a
quick reference guide only, and should not be used as a substitute for review of the full
text of all applicable R.C. and OFC provisions.
Please note: The following information is not intended to imply or require that a hotel have any
particular equipment. Not all of the following information will apply to every hotel. For example,
if a particular hotel does not have elevators or dumbwaiters or a fire alarm system, then the OFC
provisions regarding that particular systems will not apply to that particular hotel, unless such
system is later required or installed.
Arson Laws - Posting OFC § 118.3.10
o Each hotel is required to post the arson laws as set forth in R.C. sections 2909.02 and
2909.03. Arson laws must be posted in a conspicuous place in each guest room, sleeping
room, and dwelling unit in the facility.
Construction/Renovation OFC §§ 102.3 (see also 901.3)
o A Building Code permit is usually required where major renovations, alterations or
modernizations are made, such as structural, electrical, HVAC or plumbing changes,
and/or changes or alterations to fire protection systems. The most current applicable
codes will be referenced and enforced.
o Cosmetic changes such as painting and wallpapering do not constitute a “major” renovation or alteration regardless of the size of the affected area.
Corridor Walls/Fire Walls/Smoke Walls OFC §§ 703
o All penetrations, of all corridor walls, fire walls, smoke walls, etc., must be sealed with
rated materials. Expanding foams shall not be used to seal penetrations unless they are
fire rated.
o Damaged fire rated ceiling tiles must be replaced with the same type of fire rated tiles.
9
Curtains, Draperies, Furnishings and Decorations OFC §§ 803, 807, 1031.6
o Interior finish that is an approved existing installation of materials applied directly to the
surface of walls and ceilings in a total thickness of less than 1/28 inch shall be permitted
to remain in use.
o Facilities are required to maintain documentation regarding the flame and smoke spread
ratings of all interior finishes that have been replaced and/or updated.
o Corridor finishes must be Class A or B.
o Interior finishes for non-corridor areas may be Class A, B or C if the building is fully
sprinklered.
o All means of egress must be continuously maintained free of all obstructions or
impediments to full instant use in the case of fire or other emergency. No furnishings,
decorations or other objects are allowed to obstruct exits, access thereto, egress
therefrom or visibility thereof. Facilities should be regularly monitored to ensure
compliance.
o No signs or decorations can be attached to sprinkler heads or exit signs. Facilities should
be regularly monitored to ensure compliance.
o Inspect curtains for flammability, review labels or tags. The OFC requires these materials
to be flame resistant as demonstrated by testing in accordance with NFPA 701, Standard
Methods of Fire Tests for Flame Propagation of Textiles and Films.
o Combustible decorations must be flame-retardant.
Exception: Combustible decorations, such as photographs and paintings, that are
not flame retardant can be used as long as they are used in a manner and in such
quantities that they do not create a hazard of fire development or spread.
o The use of outdoor decorations that can create a hazard (i.e., hay bales, etc.), and that
are placed near the building should be limited. Consider alternatives to mulch in outside
bedding areas to reduce the risk of fire.
o Furnishings or decorations of an explosive or highly flammable character must not be used. Examples of explosive or highly flammable decorations include live or cut Christmas trees and pine branches/roping/garland; not effectively flame-retardant treated crepe paper decorations; finely divided tinsel-like material, garland; pyrozylin plastic decorations.
10
Doors OFC §§ 703, 1010
o Doors must be inspected and maintained (and, if necessary, repaired) to ensure that they
are in good operating condition.
o Automatic- or self-closing devices must be properly installed and functioning.
o Smoke doors and doors opening into the corridor must close properly and resist the
passage of smoke.
o Doors must close and latch into the frame (positive latching hardware) and must be free
from all impediments.
o Doors must be unobstructed and not blocked in any manner.
o Fire rated doors must be self-closing.
o In order to prevent them from hitting, smoke barrier doors that swing in the same direction
may be required to have a coordinator to ensure doors close properly and which allow one
door to close first.
o Doors with magnetic locking devices must release upon activation of the fire alarm system.
o Doors must be equipped with latching mechanisms that do not require more than one
action to open.
o Doors from individual dwelling or sleeping units with an occupant load of 10 or less
can have a night latch, deadbolt, or security chain as long as such devices are
openable from the inside without the use of a key or tool.
o Required permits must be obtained before changes are made to the door system. Permits
are obtained from the local building department, and the local fire code official or the state
fire marshal.
o Provisions of the International Property Maintenance Code may also apply to the
maintenance of doors.
Electrical OFC §§ 601, 605
o Power strips with surge protection are permissible but must be used appropriately.
Extension cords may not be used as fixed permanent wiring.
o Power strips with surge protection may be used to plug-in equipment such as
televisions, DVD players and clocks.
11
o Power strips may not be used to plug in equipment that can produce heat (such
as hair dryers or heating units) or equipment that is used for cooling (such as
refrigerators or A/C units).
o Power strips may not be used in wet or damp areas.
o Routine mopping does not constitute a wet area.
o Power strips cannot be plugged into extension cords or other power strips; extension
cords cannot be plugged into power strips or other extension cords. Where additional
outlets are needed, they must be installed in accordance with NFPA 70, National Electrical
Code.
o Power strips cannot be covered with rugs or other materials.
o Power strips cannot extend through walls, ceilings, floors, under doors or floor coverings,
or be subject to environmental or physical damage.
o All electrical equipment must be maintained in good repair; electrical cords and plugs shall
not have frayed or exposed wires.
o Electrical motors (such as dryers and vent fans) must be maintained free from excessive
accumulation of oil, dirt, lint, waste, and debris.
o A minimum of a 3-foot clearance must be maintained around all electrical panels and heat
producing equipment (such as a gas furnace).
Elevators and Dumbwaiters OFC § 607
o Keys for the elevator car doors and fire-fighter service keys must be kept in an approved location for immediate use by the fire department.
Emergency Lighting and Exit Signs OFC §§ 604, 1013, 1031, 1104.3, 1104.4, 1104.5
o Functional tests on all battery-operated exit signs and emergency lighting systems must
be conducted:
o at 30 day intervals for not less than 30 seconds.
o annually for every required battery-powered emergency lighting system for not less
than 90 minutes.
o Equipment must be fully operational for the duration of the test.
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o All emergency lighting and exit signs must have an alternate power source (such as a
battery back-up or a generator) that will automatically supply power in the event of a failure
of the primary power source.
o Written records of visual inspections and tests must generally be kept by the facility for a minimum of 3 years, unless a specific law or rule requires a different time period.
Exits OFC §§ 1013, 1031.2
o Exit and exit directional signs must display the correct egress pathway or direction of travel
with continuous illumination and must be served by the emergency lighting system.
o Exit access must be arranged so that exits are readily accessible at all times; means of
egress must be continuously maintained free of all obstructions or impediments to full
instant use.
o Exit pathways leading from a building to a public way must be maintained in a usable
manner and without impediment to full instant use in the case of a fire or other emergency.
The accumulation of snow and ice can constitute an impediment to full instant use and
should be cleared by responsible persons in a timely manner.
o Exit discharges outside of the building must be illuminated along the path to the public
way. (A minimum of one-foot candle of illumination must be maintained at floor level.)
Fire Alarm System OFC §§ 901.2, 901.6.2, 903.4.1
o The fire alarm system must be installed and maintained in accordance with NFPA 72,
National Fire Alarm Code; maintenance records must be maintained on the premises for
a minimum of three years.
o The fire alarm system, including water flow devices, must be tested if the sprinkler system
is connected to the alarm system. Activation of the sprinkler system must cause the fire
alarm to sound.
o For fire alarm systems that are required to be monitored, the fire alarm system must, when
activated, transmit an alarm to the local fire department or a central monitoring station.
o The fire alarm system must be provided with an alternative power supply in accordance
with NFPA 72.
o Self-monitoring fire alarm systems must maintain and provide a record of all required
maintenance and testing as required by NFPA 72, § 14.6.2.1 and Table 14.4.3.2.
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o Permits are required before any changes are made to the fire alarm system. Permits must be obtained from the building department having jurisdiction. Plan review may be required by the local fire code official and/or the state fire marshal.
Fire Evacuation Drills OFC §§ 404, 405
o All hotels and motels must conduct emergency evacuation drills quarterly on each shift.
o All hotels and motels must conduct emergency evacuation drills at unexpected times, and
under varying conditions to simulate the unusual conditions that occur in case of fire.
o Records of required emergency evacuation drills must be kept and maintained and must
include the following information:
o Identity of the person conducting the drill. (There must be a specifically identified
person designated to exercise leadership and that person must be competent to
do so.)
o Date and time of the drill.
o Notification method used.
o Staff members on duty and participating.
o Number of occupants evacuated.
o Special conditions simulated.
o Problems encountered.
o Weather conditions when occupants were evacuated.
o Time required to accomplish complete evacuation.
Fire Evacuation Plan OFC §§ 118.3.11, 404, 406, 403
o All hotels must have an approved fire evacuation plan prepared and it must be maintained.
o Fire evacuation plans must include all of the following components:
o Emergency egress or escape routes and whether evacuation of the building is to
be complete or, where approved, by selected floors or areas only.
o Procedures for employees who must remain to operate critical equipment before
evacuating.
o Procedures for assisted rescue of persons unable to use the general means of
egress unassisted.
o Procedures for accounting for employees and occupants after evacuation has
been completed.
o Identification and assignment for personnel responsible for rescue or emergency
medical aid.
o The preferred and any alternative means of notifying occupants of a fire or
emergency.
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o The preferred and any alternative means of reporting fires and other emergencies
to the fire department or designated emergency response organization.
o Identification and assignment of personnel who can be contacted for further
information or explanation of duties under the plan.
o A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
o Information to allow guests to decide whether to evacuate to the outside, evacuate
to an area of refuge, remain in place or any combination of the three.
o Emergency egress routes or escape routes must be posted in a conspicuous place in
each guestroom, sleeping room or dwelling unit in the facility.
o Evacuation diagrams depicting two evacuation routes shall be posted on or immediately
adjacent to every required egress door from each hotel sleeping unit.
o Fire evacuation plans must be reviewed or updated annually or as necessitated by
changes in staff assignments, occupancy or the physical arrangement of the building.
o Fire evacuation plans must be available in the workplace for reference and review by
employees; copies must be furnished to the fire code official for review upon request.
o Hotel owners (or their agent) must distribute fire evacuation plans to building tenants and
to building service employees. Tenants must distribute to their employees applicable parts
of the fire safety plan affecting the employees’ actions in the event of a fire or other
emergency.
o Fire evacuation plans must be distributed to all staff; the plans must provide for the
protection of all persons in the event of fire, for their evacuation to areas of refuge, and for
their evacuation from the building when necessary.
o Hotel employees must be trained in the contents of fire evacuation plans and their duties
as part of new employee orientation and at least annually thereafter. Records shall be
kept and made available to the fire code official upon request.
o Employees shall be familiarized with the fire alarm and evacuation signals, their
assigned duties in the event of an alarm or emergency, evacuation routes, areas
of refuge, exterior assembly areas and procedures for evacuation.
Fire Extinguishers OFC §§ 901, 906; NFPA 10
o All hotels must have fire extinguishers that are selected, installed, and maintained in
accordance with OFC 906 and NFPA 10. (A list of referenced standards indicating the
version which is applicable is set forth in the OFC.)
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o Fire extinguishers must be inspected on a monthly basis and have maintenance
performed annually. Inspection records must be maintained on the hotel premises and
must be made available upon request.
o Chemicals in dry chemical fire extinguishers must be changed every six years.
o All extinguishers must be tested in accordance with NFPA 10 and all applicable
manufacturer specifications.
o Fire extinguishers that weigh (gross weight) 40 lbs. (18.14 kg) or less must be installed so
that the top of the fire extinguisher is not more than 5 feet (or 60 inches) above the floor.
o Fire extinguishers that weigh (gross weight) more than 40 lbs. (18.14 kg) must be installed so that the top of the fire extinguisher is not more than 3.5 feet (42 inches) above the floor.
o In no case shall clearance between the bottom of the fire extinguisher and the floor be less than 4 inches.
o Fire extinguishers must be easily identifiable and accessible at all times and may not be obstructed or obscured from view.
Fire Safety Plan OFC §§ 403, 404, 405.1
o All hotels must have an approved fire safety plan prepared and it must be maintained.
o Fire safety plans shall include the following:
o The procedure for reporting a fire or other emergency.
o The life safety strategy and procedures for notifying, relocating or evacuating
occupants, including occupants who need assistance.
o Site plans indicating the following:
o The occupancy assembly point.
o The locations of fire hydrants.
o The normal routes of fire department vehicle access.
o Floor plans identifying the locations of the following:
o Exits.
o Primary evacuation routes.
o Secondary evacuation routes.
o Accessible egress routes.
o Areas of refuge.
o Exterior areas for assisted rescue.
o Manual fire alarm boxes.
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o Portable fire extinguishers.
o Occupant-use hose stations.
o Fire alarm annunciators and controls.
o A list of major fire hazards associated with the normal use and occupancy of the
premises, including maintenance and housekeeping procedures.
o Identification and assignment of personnel responsible for maintenance of
systems and equipment installed to prevent or control fires.
o Identification and assignment of personnel responsible for maintenance,
housekeeping and controlling fuel hazard sources.
o Information to allow guests to decide whether to evacuate to the outside, evacuate
to an area of refuge, remain in place or any combination of the three.
o Fire safety plans must be reviewed or updated annually or as necessitated by changes in
staff assignments, occupancy or the physical arrangement of the building.
o Fire safety plans must be available in the workplace for reference and review by
employees; copies must be furnished to the fire code official for review upon request.
o Hotel owners (or their agent) must distribute fire safety plans to building tenants and to
building service employees. Tenants must distribute to their employees applicable parts
of the fire safety plan affecting the employees’ actions in the event of a fire or other
emergency.
o Hotel employees must be trained in the contents of fire safety plans and their duties as
part of new employee orientation and at least annually thereafter. Records shall be kept
and made available to the fire code official upon request.
o Employees assigned firefighting duties must be trained to know the locations and
proper use of portable fire extinguishers or other manual firefighting equipment and
the protective clothing or equipment required for its safe and proper use.
Fire Watch OFC §§ 403, 901
o Where a required fire protection system is out of service, the local fire department and the
fire code official shall be notified immediately, and where required by the fire code official,
the building shall either be evacuated or an approved fire watch shall be provided for all
occupants left unprotected by the shut down until the fire protection system has been
returned to service.
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o If a fire watch is provided, the person conducting the fire watch must perform constant
patrols of the protected premises to keep watch for fires and shall not have any other
duties; such individual must be provided with at least one approved means for notification
of the fire department.
o In addition, it is a good practice for facilities to have a fire watch policy which includes
notification of the local fire department and the State Fire Marshal when a fire watch has
been instituted, a written log or documentation of fire watch rounds, and procedure for
notification of building occupants in case of an emergency.
o A fire code official may also require a fire watch because of the number of persons
assembled, or the nature of an event, exhibition, display, contest or activity. In this
instance, fire watch personnel shall keep diligent watch for fires, obstructions to egress
and other hazards and shall take immediate action to remediate the condition and/or to
assist in the extinguishment of fire and the evacuation of the public from the structure.
Generators OFC § 604; NFPA 110; NFPA 111
o If installed, generators must be inspected weekly and exercised under load for 30 minutes
per month (not including startup and/or cool down times) in accordance with NFPA 110
and NFPA 111 and all applicable manufacturer specifications. Example maintenance
and testing logs can be found in Appendix E.
o Records of inspections and load tests that are performed must be maintained and
available for inspection upon request. Records should include at least:
o Date of inspection.
o Time of inspection.
o Generator’s general condition (leaks, hoses, fuel supply, oil, belts, battery, cooling
system, transfer switch).
o Start and end times of the load test including start up time and cool down time.
o Generator output readings during load test.
o Individual conducting inspection, testing and/or repair.
o Electrical power must be transferred from primary to emergency systems within a maximum of 10 seconds of interruption when using a generator.
Guest Register OFC § 118.3.5
o Each hotel facility must maintain on the premises, a guest register, guest information
records, or written occupancy agreements for each guest for a period of 2 years; such
information must be provided to the fire code official or the state fire marshal upon request.
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o Each guest register, guest information record and/or written occupancy agreement
must clearly indicate the date of arrival and date of departure for occupants in each
guestroom.
Heating, Ventilation, Air Conditioning & Cooling (HVAC) OFC §§ 603, 606
o All HVAC units must be installed and maintained in accordance with the International Fuel
Gas Code, the Ohio Mechanical Code, and the above referenced sections of the Ohio Fire
Code.
Hood Suppression System OFC §§ 609, 901, 904
o Hood suppression systems must be inspected and maintained in accordance with NFPA
17A.
o Suppression systems must be inspected semi-annually.
o Hood and exhaust ducts must be cleaned in accordance with OFC Table 609.3.3.1.
Table 609.3.3.1 Commercial Cooking System Inspection Frequency
Type of Cooking Operations Frequency of Inspection
High-volume cooking operations such as 24-hour cooking, charbroiling or wok cooking
3 months
Low-volume cooking operations such as places of religious worship, seasonal businesses and senior centers
12 months
Cooking operations utilizing solid-fuel burning cooking appliances
1 month
All other cooking operations 6 months
o Fuel sources must automatically disconnect when the extinguishing system or hood
suppression system is activated.
o Extinguishing system activators must be clearly marked and must be located in the path
of egress from the kitchen.
o The activation of the extinguishing system must activate the fire alarm system.
o All cooking appliances must be properly aligned and positioned under the hood
suppression system.
o Staff must be trained in the operation of any range hood extinguishing system.
o Food warming locations not designed or intended for commercial cooking must be
monitored to avoid the creation or production of grease laden vapors.
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o Class K fire extinguishers must be installed in kitchen areas.
o All written records of visual inspections and tests must generally be kept by the facility for a minimum of 3 years, unless a specific law or rule requires a different time period. Records must be made available to the fire code official upon request.
Laundry/Trash OFC §§ 304, 318
o Trash containers that exceed 40 gallons must have lids; the containers and their lids must
be constructed of noncombustible materials or of combustible materials with a peak rate
of heat release not exceeding 300 kW/m².
o Combustible waste material creating a fire hazard shall not be allowed to accumulate in
buildings or structures or upon premises.
o Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable
waste or rubbish of any type are not permitted to remain on a roof or in any court, yard,
vacant lot, alley, parking lot or open space.
o Laundry carts with an individual capacity of 200 gallons or more must be constructed of noncombustible materials (or combustible materials as specified in the OFC) unless an approved automatic sprinkler system is installed in the laundry.
License – Posting OFC § 118.3.4
o The most current license issued to a hotel facility must either be kept in the office of such
hotel facility and produced for review when requested by the fire code official, or must be
displayed in a conspicuous and public manner.
Premises Identification OFC § 505
o New and existing buildings must have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.
Posting R.C. §§ 2909.01, 2909.02; 2909.03; OFC § 118.3
o All of the following shall be posted within the hotel facility as indicated:
o Arson Laws, as set forth in Sections 2909.02 and 2909.03 of the Ohio Revised
Code, must be posted in a conspicuous place in each guest room.
o The most current license to operate issued to a hotel facility must either be kept in
the office of the hotel facility and produced for review when requested by the fire
code official, or must be displayed in a conspicuous and public manner.
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o Room rates must be posted in a conspicuous place in each guestroom. The
posting must be on a sign or card which states the price per day of the room and
must reflect the maximum actual rate and include the maximum rate per number
of actual occupants.
o Emergency egress routes or escape routes must be posted in a conspicuous place
in each guestroom.
Property Maintenance OFC § 118.3.8; International Property Maintenance Code
o The responsible person for a hotel facility must safely and properly maintain the building,
structure, premises or lot at all times in accordance with the Ohio Fire Code, other
jurisdictional codes and ordinances, and the International Property Maintenance Code.
o Requirements of the International Property Maintenance Code that are applicable to hotel
facilities and properties include, but are not limited to, the following:
o All exterior property and premises must be maintained in a clean, safe and sanitary
condition.
o All sidewalks, walkways, stairs, driveways, parking spaces and similar areas must
be kept in a proper state of repair and maintained free from hazardous conditions.
o All premises and exterior property must be maintained free from weeds.
o All exterior property and premises, and the interior of every structure, must be free
from any accumulation of rubbish or garbage.
o All structures and exterior property must be kept free from insect and rodent
harborage and infestation. Where insects and/or rodents are found they shall be
promptly and effectively exterminated.
o No inoperative or unlicensed motor vehicle must be parked, kept or stored on any
premises.
o All exterior walls must be free from holes, breaks, and loose or rotting materials,
shall be maintained in a watertight and weatherproof condition, and where required
shall be properly surface coated to prevent deterioration.
o All roofs and flashing must be sound, tight and not have defects that admit rain.
Roof drains, gutters and downspouts must be maintained in good repair and free
from obstructions.
o Every exterior stairway, deck, porch and balcony, and all appurtenances attached
thereto, must be maintained structurally sound, in good repair, with proper
anchorage and in a manner capable of supporting the imposed loads.
o Every window, skylight, door and frame must be kept in sound condition, good
repair and in a weather tight manner.
▪ All glazing materials shall be maintained free from cracks and holes.
o All interior surfaces must be maintained in good, clean and sanitary condition.
▪ Peeling, chipping, flaking or abraded paint must be repaired, removed or
covered.
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▪ Cracked or loose plaster, decayed wood and other defective surface
conditions must be corrected.
o Every stair, ramp, landing, balcony, porch, deck or other walking surface must be
maintained in sound condition and good repair.
o All plumbing fixtures must be properly installed and maintained in good working
order, and must be kept free from obstructions, leaks and defects, and shall be
capable of performing the function for which they are designed.
Responsible Person on Duty OFC § 118.3.6
o Each licensed hotel must have a responsible person on duty on the premises at all times,
or must provide appropriate notification information posted in a conspicuous place visible
from the exterior.
Room Rates – Posting OFC § 118.3.9
o The room rate must be posted in each guestroom of a hotel. The posting must state the
hotel room rate and indicate the maximum actual rate for the room and the maximum rate
per number of actual occupants.
Sanitary Requirements R.C. §§ 3731.13, 3731.14
o All floors, carpets, equipment, walls, ceilings and premises of the hotel must be maintained
in a clean and sanitary condition.
o Clean or replace the carpets as necessary.
o Clean and/or paint walls and ceilings as necessary.
o Clean and/or replace the furniture and equipment as necessary.
o All bedding used in any hotel must be kept clean and must be thoroughly aired and
disinfected.
o No bedding which is infested with vermin or bed bugs shall be used on any bed in
any hotel.
o When any room has been occupied by a person having an infectious or contagious
disease, such room shall not be used again until it is thoroughly fumigated and the bedding
disinfected.
Sleeping and Bath Areas - Cooking Facilities R.C. § 3731.15
o Each sleeping room of a hotel shall include a separate sleeping and bath area.
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o No sleeping room of a hotel facility shall include cooking facilities unless the facilities have been approved by the state, municipal, township or county building department having jurisdiction.
o Personal cooking devices are strictly prohibited. (i.e. hot plates, crock pots, and skillets)
Please note: microwaves are not considered personal cooking devices and are permitted. Likewise, coffee pots and mini-refrigerators are also permitted.
Smoke Detectors OFC §§ 901, 907; NFPA 72
o Smoke detector systems must be maintained and calibrated in accordance with NFPA 72.
o All smoke detectors must be tested at least annually to ensure that each detector is
operative and produces the intended response.
o Smoke detector sensitivity must be checked within 1 year of installation and every 2 years
thereafter.
o Smoke detectors must be installed at appropriate distances from intake and exhaust ventilation.
o All smoke detectors must be replaced in accordance with manufacturer specifications.
This is usually every 10 years.
o Single- and multiple-station smoke alarms must be tested in accordance with the manufacturers published instructions (this is typically weekly).
o Battery operated smoke detectors must be tested weekly.
o Hardwired smoke detectors must be tested monthly.
o All written records of visual inspections and tests must generally be kept by the facility for
a minimum of 3 years, unless a specific law or rule requires a different time period. Records must be made available to the fire code official upon request.
Smoking Regulations OFC § 310
o Ashtrays must be provided in all indoor and outdoor areas where smoking is permitted;
ashtrays must be of noncombustible material and of a safe design.
o Smoking is prohibited in areas where flammable or combustible materials are stored or
handled and in other areas where combustible or hazardous conditions exist.
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Sprinkler System OFC §§ 315, 901, 903, 913; NFPA 13; NFPA 25
o Sprinkler systems must be installed, inspected and maintained in accordance with the
Ohio Fire Code, NFPA 13 and NFPA 25. Different systems require different tests and
testing timeframes; NFPA 13 and NFPA 25 contain helpful check lists for the varying
systems. In addition, hotel owners and operators should consult with their fire protection
company to ensure all requirements are met.
o Sprinkler system maintenance and inspection records must be maintained for a period of
3 years and must be available for review upon request.
o Gauges must be replaced every 5 years or tested every 5 years by comparison with a
calibrated gauge. Gauges not accurate to within 3 percent of the full scale must be
recalibrated or replaced.
o Water flow alarm devices must be tested quarterly. Water flow alarm devices include, but
are not limited to, mechanical water motor gongs, vane type water flow devices, and
pressure switches that provide audible or visual signals.
o Water flow alarms on wet pipe systems must be tested; the test must include the opening
of the inspector’s test connection.
o Fire pumps shall not be turned off during testing unless all impairment procedures
contained in NFPA 25, Chapter 11 are followed.
o Fire pumps must be tested annually under minimum, rated and peak flows of the fire pump.
This is to be done by controlling the quantity of water discharged through approved testing
devices in accordance with NFPA 25.
o A weekly test of electric motor-driven fire pump assemblies must be conducted without
flowing water. This test must be conducted by starting the pump automatically. The pump
must run for a minimum of 10 minutes.
o Diesel engine-driven fire pump assemblies must be tested weekly without flowing water.
This test must be conducted by starting the pump automatically and the pump must run
for a minimum of 30 minutes.
o Sprinkler trim rings (escutcheons) must be present and properly installed around sprinkler
heads.
o Storage must be kept a minimum of 18 inches below and away from any sprinkler head.
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o A supply of at least two spare sprinkler heads for each type of sprinkler head installed
must be maintained on site at all times. (Note: More than two spare sprinkler heads may
be required depending on the number of heads used in a facility).
o A sprinkler wrench must be kept with the spare sprinkler heads.
o The same type of sprinkler head must be used throughout each compartment. (Note:
There are exceptions for special areas, such as boiler rooms, which may have higher than
normal temperatures).
o Sprinkler heads must be kept clean and maintained free of dust and paint.
Stairwells OFC Chapter 7; OFC § 315
o Door closing hardware and panic devices must be maintained as originally approved.
o Except in very specific circumstances, stairwells may not be used for storage of any kind.
Ventilation R.C. §§ 3731.10, 3731.11
o Every hotel and SRO facility shall have proper plumbing, lighting and ventilation installed
and maintained in accordance with the Ohio Building Code, Ohio Plumbing Code and Ohio
Mechanical Code.
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Developing a Preventative Maintenance Program
Preventative maintenance is an important aspect of maintaining safe and efficient building
operations in a licensed hotel facility. The development and implementation of a “preventative
maintenance program” for a facility can and should be developed and utilized to track
maintenance of important building systems. Such a program can be a highly effective tool for
keeping such systems operating at optimal performance and will aid owners, operators and
managers in the effective tracking of maintenance schedules and system operations. An effective
preventative maintenance program will include such information as system installation – including
the date of installation and the name of the company/individual conducting the installation –
service records of completed routine maintenance and any issues, and upcoming routine or
preventative maintenance to be conducted, etc. The following are some reasons why owners,
operators and managers should develop a preventative maintenance program for each facility.
Preventative Maintenance Provides Safety
Properly working equipment and other safe practices create safe conditions for Ohio
residents, guests and visitors, and create a safe working environment for facility staff.
Preventative Maintenance Improves Performance
Buildings and facilities degrade over time. Preventative maintenance helps extend the life
of the building systems within the facility and keeps them working in the most safe and
efficient manner possible, for the longest time possible. Increased performance leads to
increased safety.
Preventative Maintenance Saves Time
Taking the necessary time monthly to perform routine maintenance saves time. It helps
prevent system failures and data loss, and ultimately increases productivity – allowing staff
to perform other duties, rather than dealing with the hassle of unexpected system failures.
Most preventative maintenance procedures are quite simple compared to troubleshooting
and repair procedures.
Preventative Maintenance Saves Money
The old adage “an ounce of prevention is worth a pound of cure” is trite, but true. Avoiding
problems with physical plant operations saves money in the long run by minimizing the
need for costly repairs and/or new systems.
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Appendix A
Maintenance Schedules and Required Documents
Throughout the preceding document, many references are made to documentation that
must be maintained at each hotel facility. These include the most recent license to operate, guest
registers, and facility diagrams (which should demonstrate the hotel layout, room designations,
emergency evacuation routes, and exits). In addition, fire safety inspectors may require
inspection and testing records demonstrating maintenance of various facility systems. The
following provides a general listing of various systems and routine maintenance that must be
conducted on those systems. The maintenance indicated should be documented and recorded;
the maintenance records should be maintained and readily available for inspection and review by
the fire code official upon request. Generally, maintenance and service records for all of the
following should be maintained at the facility and retained for at least 3 years.
o Facility Diagram
o Hotel layout, room designation, emergency evacuation routes and exits.
o Emergency Lighting (battery operated)
o Test monthly for 30 seconds.
o Test annually for 90 minutes.
o Fire Alarm
o Monthly, quarterly, semi-annual and annual testing.
o Batteries every 5 years.
o Fire Dampers
o Test and lube every 4 years.
o Fire Drills
o One per shift, per quarter.
o Extended stay facilities – one per quarter which includes occupant participation.
o Fire Pump (if applicable)
o Weekly.
o Monthly.
o Annually.
o Generator
o Weekly inspection.
o Monthly exercising.
o Annual load bank test (if applicable).
o Annual inspection report.
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o Hood Suppression
o Semi-annual (inspectors will need to see the last 3 years).
o Follow up repairs and corrections completed from semi-annual inspection.
o Cleaning reports.
o Sprinkler System
o Dry System: check pressure gauges weekly.
o Wet System: check pressure gauges monthly.
o Quarterly inspection.
o Annual inspection.
o 5 year internal inspection (if required).
o 5 year standpipe hydrostatic test.
o Smoke Detectors
o Test functionality annually.
o Test sensitivity within one year after installation.
o Test sensitivity every 2 years thereafter.
o Miscellaneous Items (if necessary)
o Elevator maintenance, state certificate and state inspection.
o Boiler certificate (annual).
o Hotel Policies
o Fire safety and evacuation plan.
o Fire alarm.
o Fire drill.
o Fire procedures.
o Fire watch.
o Smoking.
o Generator use, maintenance and malfunction.
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Appendix B
Definitions
Agricultural labor camp: Means camps as defined in section 3733.41 of the Revised Code.
Apartment house: Means occupancies subject to Chapter 5321. of the Revised Code.
Approved: Accepted by the fire code official as being in compliance with this code and as evidenced by
documentation.
Automatic sprinkler system: An automatic sprinkler system, for fire protection purposes, is an integrated
system of underground and overhead piping designed in accordance with fire protection engineering
standards. The system includes a suitable water supply. The portion of the system above the ground is a
network or specially sized or hydraulically designed piping installed in a structure or area, generally
overhead, and to which automatic sprinklers are connected in a systematic pattern. The system is usually
activated by heat from a fire and discharges water over the fire area.
Boarding, lodging, rooming house: A building arranged or used (for stays) where rooms are offered for
compensation, with or without meals, and not occupied as a single-family unit.
Constantly attended location: As used in paragraph (R)(118) of rule 1301:7-7-01 of the Administrative
Code, a location within a licensed hotel/SRO facility that is manned/occupied by hotel/SRO facility staff on
a 24 hour basis. An example of such a location would be the registration desk. A designated location at a
facility staffed by trained personnel on a continuous basis where alarm or supervisory signals are monitored
and facilities are provided for notification of the fire department or other emergency services.
Cooking devices: Any cooking appliance other than those listed as safe for residential use as defined
below.
Cooking device listed as safe for residential use: Microwave oven or coffee pot or similar item as
established by the state fire marshal.
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation. The dwelling unit may
include any accessory space intended for the exclusive use of the occupants of an individual dwelling unit
such as a private garage, greenhouse, etc.
Dwelling unit features: Provisions for living, sleeping, eating, cooking and sanitation.
Efficiency unit: A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
Emergency egress routes/Escape routes: As used in paragraph (R)(118) of rule 1301:7-7-01 of the
Administrative Code, a floor plan with arrows indicating the primary and secondary path to an exit.
Emergency evacuation drill: An exercise performed to train staff and occupants and to evaluate their
efficiency and effectiveness in carrying out emergency evacuation procedures. Emergency evacuation
drills include, but are not limited to, fire drills and drills or rapid dismissals as referenced in section 3737.73
of the Revised Code.
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Extended stay hotel: Any structure consisting of one or more buildings, with more than five sleeping
rooms, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be
a place where temporary residence is offered for pay to persons, including, but not limited to, an extended
stay hotel or extended stay motel that is specifically constructed, and approved by the building official
having jurisdiction over it and by the state fire marshal, for extended stay temporary residence by persons,
and that contains six or more dwelling units with provision for living, eating, cooking, sanitation, and
sleeping. The licensure category shall also include a hotel that contains both transient and extended stay
rooms where the use of all such rooms is identified and approved in accordance with rule 1301:7-7-01 of
the Administrative Code.
Fire alarm system: A system or portion of a combination system consisting of components and circuits
arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to
initiate the appropriate response to those signals.
Flame spread: The propagation of flame over a surface.
Guestroom: A room offered to the public for a fee that contains, at a minimum, provisions for sleeping.
Hood: An air-intake device used to capture by entrapment, impingement, adhesion or similar means,
grease and similar contaminants before they enter a duct system.
Type I: A kitchen hood for collecting and removing grease vapors and smoke.
[Hospital/college] Dormitory: A space in a building where group sleeping accommodations are provided
in one room, or in a series of closely associated rooms, for persons not members of the same family group,
under joint occupancy and single management, as in college dormitories or fraternity houses.
Hotel: A "hotel" means a transient, extended stay hotel, or residential hotel. "Hotel" includes any structure
consisting of one or more buildings containing any combination of more than five guestrooms that are each
approved by the building code official having jurisdiction and the state fire marshal as meeting the
requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as
having features of such sleeping rooms and dwelling units within the same room, and such structure is
specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where
transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure
does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this
paragraph. "Hotel" includes a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn.
"Hotel" does not include agricultural labor camps, apartments houses, apartments or other similar places
of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.
Light hazard occupancy: Occupancies or portions of other occupancies where the quantity and/or
combustibility of contents is low and fires with relatively low rates of heat release are expected as
determined by the fire code official.
Multiple-station alarm device: Two or more single-station alarm devices that can be interconnected such
that actuation of one causes all integral or separate audible alarms to operate. A multiple-station alarm
device can consist of one single-station alarm device having connections to other detectors or to a manual
fire alarm box.
Residential hotel: A structure or structures consisting of one or more buildings, with more than five dwelling
units, that are specifically constructed and approved through a valid certificate of occupancy issued by the
building official having jurisdiction, as having both dwelling unit features for non-transient residence
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purposes and all of the transient residential group R-1 use and occupancy classification adopted by the
board of building standards pursuant to Chapter 3781. of the Revised Code, and that are kept, used,
maintained, advertised, operated as, or held out to the public to be a place where non-transient dwelling
units are offered for pay to persons for a minimum stay of more than thirty days.
Residential premises: Has the same meaning as the term is defined in section 5321.01 of the Revised
Code.
Responsible person: The person responsible for compliance with the state fire code, including but not
limited to, the owner, lessee, agent, operator, or occupant of a building, premises or vehicle. Responsible
persons can include individuals, heirs, executors, administrators or assigns, business associations,
partnerships or corporations, its or their successors or assigns or the agent of any of the aforesaid.
Single room occupancy: One occupant per room.
Single-station smoke alarm: An assembly incorporating the detector, the control equipment and the
alarm-sounding device in one unit, operated from a power supply either in the unit or obtained at the point
of installation.
Sleeping room: A room that provides at a minimum adequate sleeping accommodations for each guest
such as a bed, bunk, cot or other furniture designed for sleeping and accompanying bedding, mattress, box
spring, pillow(s), sheets and pillow cases.
SRO facility: A facility with more than five sleeping rooms that is kept, used, maintained, advertised, or
held out to the public as a place where sleeping rooms are offered on a single room occupancy (SRO) basis
and intended for use as a primary residence for residential guests for a period of more than thirty days.
"SRO facility" does not include agricultural labor camps, apartment houses, lodging houses, rooming
houses, or hospital or college dormitories. "Single room occupancy (SRO) basis" means one occupant per
room.
Temporary residence: Means six or more dwelling unit accommodations within a single structure, except
apartment buildings and other structures or portions thereof that are either residential premises subject to
Title LIII. of the Revised Code or a similar residential occupancy, offered for pay to persons for a period of
one year or less.
Transient: Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
Transient hotel: Any structure consisting of one or more buildings, with more than five sleeping rooms,
that, through a valid certificate of occupancy, is specifically constructed, kept, used, maintained, advertised,
or held out to the public to be a place where sleeping accommodations are offered for pay to transient
guests for a period of thirty days or less, including, but not limited to, such a structure denoted as a hotel,
motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn.
Transient 270 day stay hotel room: A specifically designated sleeping room, in a licensed transient hotel
meeting all the requirements contained in section 3731.041 of the Revised Code.
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Appendix C
Hotel Laws and Rules
Ohio Revised Code
Chapter 3731: HOTELS
3731.01 Hotel definitions.
(A) As used in this chapter:
(1) "Hotel" means a transient hotel, extended stay hotel, or residential hotel.
"Hotel" includes any structure consisting of one or more buildings containing any combination of more than five guestrooms that are each approved by the building code official having jurisdiction and the state fire marshal as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this section. "Hotel" does not include agricultural labor camps, apartment houses, apartments or other similar places of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.
(2) "Transient hotel" means any structure consisting of one or more buildings, with more than five sleeping rooms, that is specifically constructed, kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less, including, but not limited to, such a structure denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn.
(3) "Extended stay hotel" means any structure consisting of one or more buildings, with more than five dwelling units, and to which all of the following apply:
(a) The dwelling units in the structure are specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to persons.
(b) The structure is approved pursuant to a valid certificate of occupancy issued by the building official having jurisdiction as having dwelling units that have both of the following types of features:
(i) The required dwelling unit features for non-transient residence purposes in accordance with the residential group R-2 use and occupancy classification adopted by the board of building standards pursuant to section 3781.10 of the Revised Code, or any subsequent classification established by the board that is substantially similar to that classification;
(ii) All of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board pursuant to that section, or any subsequent classification established by the board that is substantially similar to that classification.
(c) The valid certificate of occupancy indicates the specific rooms within the structure that can be used as dwelling units.
(d) The structure is approved by the state fire marshal for extended stay temporary residence purposes.
(4) "Residential hotel" means any structure or structures consisting of one or more buildings, with more than five dwelling units, that are specifically constructed and approved through a valid certificate of occupancy issued by the building official having jurisdiction, as having both dwelling unit features for non-transient residence purposes and all of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, and that are kept, used, maintained, advertised, operated as, or held out to the public to be a place where non-transient dwelling units are offered for pay to persons for a minimum stay of more than thirty days.
(5) "Temporary residence" means a dwelling unit accommodation room within a hotel that is used by its occupants but is not used as the permanent or principal residence of its occupants.
(6) "Transient" means not more than thirty days.
(7) "Dwelling unit" means an accommodation room within a hotel that contains independent provisions for living, eating, cooking, sleeping, and sanitation.
(8) "SRO facility" means a facility with more than five sleeping rooms that is kept, used, maintained, advertised, or held out to the public as a place where sleeping rooms are offered on a single room occupancy (SRO) basis and that is intended for use
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as a primary residence for residential guests for a period of more than thirty days.
"SRO facility" does not include agricultural labor camps, apartment houses, lodging houses, rooming houses, or hospital or college dormitories.
(9) "Single room occupancy (SRO) basis" means one occupant per room.
(B) This chapter does not apply to apartment buildings and other structures in which all of the units are residential premises.
Effective Date: 04-09-2003; 04-04-2007; 2008 SB237 09-12-2008
3731.02 Fire marshal rules and enforcement - building code standards for SRO facilities.
(A) The state fire marshal shall make such rules as are necessary to carry out this chapter, which shall include, but are not limited to, rules establishing requirements to renew a license issued under this chapter and fees for licensure and renewal and for inspections of hotels. Except as provided in division (G) of section 3731.12 of the Revised Code, the state fire marshal and the assistant state fire marshals shall enforce this chapter.
(B) Except as otherwise provided in this division and divisions (C) and (D) of this section, the board of building standards shall adopt, pursuant to section 3781.10 of the Revised Code, rules that specify that the building code standards for SRO facilities shall be use group R-2. Any facility operating prior to October 16, 1996, in the nature of an SRO facility that met the building code standards for an SRO facility prior to that date, whether previously licensed as a hotel or not, and after October 16, 1996, licensed as an SRO facility under section 3731.03 of the Revised Code, shall be permitted under the rules to have a building code standard of either use group R-1 or use group R-2 if the facility meets the requirements for those use groups as specified in the Ohio building code adopted pursuant to section 3781.10 of the Revised Code. The requirements of this division apply to an SRO facility that holds a license as an SRO facility on September 12, 2008, unless any of the following events occur on or after September 12, 2008:
(1) The owner of the SRO facility constructs or alters the facility.
(2) The owner of the SRO facility surrenders the license issued to that facility.
(3) The owner of the SRO facility changes the use or occupancy of that facility.
(4) The license issued to that SRO facility under this chapter is revoked or is not renewed.
(C) If any of the events described in divisions (B)(1) to (4) of this section occur, the owner of the structure shall comply with division (D) of this section to obtain a new license to operate as an SRO facility.
(D) Beginning on September 12, 2008, the state fire marshal shall not issue a new license to operate a
facility as an SRO facility, and shall not renew such a license issued under this division, unless the SRO facility is constructed providing individual sleeping rooms for each guest; has, on a per-room or a communal basis within each building to be licensed as an SRO facility, permanent provisions for living, eating, cooking, and sanitation; and is constructed in accordance with the requirements specified for SRO facilities and is approved by the building official having jurisdiction over that facility to be an SRO facility. An SRO facility subject to this division shall only operate with, and shall properly maintain, individual sleeping rooms for each guest and shall only operate with, and shall properly maintain, on a per-room or communal basis, permanent provisions available to all guests for living, eating, cooking, and sanitation.
(E) The state fire marshal may, pursuant to division (A) of this section, adopt rules establishing a fire code and sanitary standards compliance incentive program for persons required to procure a license for a hotel under section 3731.03 of the Revised Code. The rules may include provisions for the creation of a "Safe Stay Hotel" designation by the state fire marshal, the standards a licensed hotel must meet to achieve and maintain that designation, the procedures the state fire marshal shall use to publish and maintain a registry of hotels receiving that designation, and any monetary incentives offered by the state fire marshal to encourage a licensed hotel to achieve and maintain that designation. At a minimum, no hotel may be designated as a "Safe Stay Hotel" or maintain such a designation unless it meets the fire code and sanitary compliance standards established pursuant to this section for a continuous period of at least twenty-four months.
Nothing in this division shall be construed to limit the power of this state, the department of commerce, the state fire marshal, or any other political subdivision of the state to administer and enforce any other sections of this chapter or any other applicable laws, rules, and regulations. Nothing in this division shall be construed to require the state fire marshal to designate a hotel as a "Safe Stay Hotel" or require the state fire marshal to award a monetary incentive to a hotel in any manner that is inconsistent or in conflict with the rules adopted under this section or any other applicable laws, rules, or regulations.
Amended by 130th General Assembly File No. TBD, HB 486, §1, eff. 9/16/2014.
Effective Date: 10-16-1996; 04-04-2007; 2008 SB237 09-12-2008
3731.03 License required for hotel or SRO facility.
(A) Every person in the business of conducting a hotel or an SRO facility shall procure, in accordance with the requirements specified in this chapter and the rules adopted pursuant to it, a license for each hotel or SRO facility conducted or proposed to be conducted.
(B) No hotel or SRO facility shall be maintained, conducted, or advertised without a license. No person shall advertise, conduct, maintain, or operate any
33
structure as a hotel or as an SRO facility without a license, and no person shall operate such a structure that is not equipped in the manner and conditions as required under this chapter. No person shall advertise, conduct, maintain, or operate a licensed hotel or licensed SRO facility in a manner that is inconsistent with the requirements of this chapter or any rules adopted pursuant to it.
(C)(1) A structure licensed as an extended stay hotel on the effective date of this amendment may maintain that license by continuing to satisfy the requirements that were applicable to that extended stay hotel at the time the license was issued, unless any of the following events occur regarding that extended stay hotel:
(a) The owner of the extended stay hotel constructs or alters the hotel.
(b) The owner of the extended stay hotel surrenders the license issued to that hotel.
(c) The owner of the extended stay hotel changes the use or occupancy of that hotel.
(d) The license issued to that extended stay hotel under this chapter is revoked or is not renewed.
(2) If any of the events described in divisions (C)(1)(a) to (d) of this section occur, the owner of the structure shall comply with division (C)(3) of this section to obtain a new license to operate as an extended stay hotel.
(3) Beginning on the effective date of this amendment, the state fire marshal shall not issue a new license to operate a facility as an extended stay hotel, and shall not renew such a license issued under division (C)(3) of this section, unless the facility satisfies the requirements to be an extended stay hotel as specified in division (A)(3) of section 3731.01 of the Revised Code.
(D) All licenses shall expire on the last day of December of each year and be renewed in accordance with the requirements for renewal established in rules adopted by the state fire marshal pursuant to division (A) of section 3731.02 of the Revised Code.
(E) A person who has received a license, upon the sale or disposition of the hotel or SRO facility or its removal to a new location, may, upon obtaining consent of the state fire marshal, have the license transferred. No license shall be transferred without both an inspection conducted by and the consent of the state fire marshal, and the state fire marshal shall not unreasonably withhold consent.
(F) A license to maintain and operate a hotel or an SRO facility shall not be issued to the keeper, owner, or lessee of any hotel or SRO facility where accommodations for assignation purposes are furnished, or to any keeper, owner, or lessee who has been convicted of keeping a place in violation of the
law relating to houses of assignation or places of public nuisance.
(G)(1) No person licensed to maintain and operate a hotel or SRO facility shall also maintain and operate an agricultural labor camp, apartment house, apartment, lodging house, rooming house, or hospital or college dormitory in the same structure as is located the licensed hotel or SRO facility, unless the agricultural labor camp, apartment house, apartment, lodging house, rooming house, or hospital or college dormitory has been constructed as, and been approved by the building official having jurisdiction as being, a separate building within the hotel or SRO facility structure in accordance with the requirements specified in the state nonresidential building code adopted pursuant to section 3781.10 of the Revised Code or is separated in a manner that satisfies the requirements for occupancy separation specified in that code.
(2) All hotel and SRO facility uses shall continue in accordance with their approval under the license issued by the state fire marshal unless a change in use or occupancy has been approved by the building official having jurisdiction over the hotel or SRO facility and the license has been revised by the state fire marshal.
(H) If an extended stay hotel license is revoked by the state fire marshal in accordance with section 3731.06 of the Revised Code, the owner of that structure shall not operate that structure in accordance with the use and occupancy classification for which the structure was approved or in accordance with the license issued under this chapter by the state fire marshal and shall not open that structure for use by the public until and unless the state fire marshal determines, in accordance with the requirements specified in the state nonresidential building code adopted pursuant to section 3781.10 of the Revised Code and the state fire code adopted pursuant to section 3737.82 of the Revised Code, that it is safe for the structure to be operated. If, after the license is revoked, the owner wishes to operate that structure as a hotel, the owner shall comply with division (D) of section 3731.06 of the Revised Code.
(I) A license to maintain and operate an SRO facility shall permit the facility to offer rooms for thirty days or less if less than fifty per cent of its rooms are occupied for a period of thirty days or less.
Effective Date: 04-09-2003; 2008 SB237 09-12-2008
3731.04 Types of accommodations offered by hotels.
(A) Transient hotels may offer extended stay temporary residence guest accommodations within any dwelling units or transient sleeping room with dwelling unit features within the structure if such units or sleeping rooms are specifically constructed and approved as also being dwelling units with provisions for living, eating, cooking, sanitation, and sleeping. A transient or
34
extended stay guestroom shall be approved through a valid certificate of occupancy issued by the building official having jurisdiction. The certificate shall indicate the specific guestrooms within the structure that can be used as dwelling units and such dwelling units shall be approved by the state fire marshal for extended stay temporary residence purposes. A transient hotel also may allow a guest to stay in a transient sleeping room for a continuous period of two hundred seventy days or less if the transient hotel satisfies the requirements specified in section 3731.041 of the Revised Code.
(B) Extended stay hotels may offer transient guest accommodations for less than thirty days within any dwelling units or other rooms within the structure if such dwelling units or rooms are specifically constructed and approved as also being transient sleeping rooms. Such transient sleeping rooms shall be approved, through a valid certificate of occupancy issued by the building official having jurisdiction, that indicates the specific rooms within the structure that can be used as transient sleeping rooms and such transient sleeping rooms shall be approved by the state fire marshal for transient stay purposes.
(C) All of the requirements for the construction and operation of transient hotels and extended stay hotels, including the provisions applicable to transient sleeping rooms and temporary residence dwelling units, apply to hotels as defined in division (A)(1) of section 3731.01 of the Revised Code with a total number of guestrooms, including transient sleeping rooms or extended stay dwelling units, that is greater than five, but do not apply to residential hotels as defined in division (A)(4) of that section.
Effective Date: 04-04-2007; 2008 SB237 09-12-2008
3731.041 Extended stay in transient hotel - fire alarm and detection system.
(A) Notwithstanding division (A)(2) of section 3731.01 of the Revised Code, a transient hotel may allow a guest to stay in a transient sleeping room in the hotel for a continuous period of two hundred seventy days or less if all of the following conditions are satisfied:
(1) The transient hotel satisfies the requirements of divisions (C) and (D) of this section, as applicable.
(2) Not more than forty per cent of the transient sleeping rooms in the hotel are used for guests to stay for a continuous period of two hundred seventy days or less.
(3) The transient hotel designates a group of transient sleeping rooms, by room number, that will be used during the time period a license is valid for guests to stay for a continuous period of two hundred seventy days or less, and submits a list of the rooms the transient hotel so designates to the state fire marshal within thirty days prior to the first day that any guest is allowed to stay in any of those rooms for that extended period of time,
and every year with the transient hotel's application to renew the transient hotel's license under section 3731.03 of the Revised Code.
(4) A quantity of combustible materials stored or used in the transient sleeping room does not exceed the amount of combustible materials acceptable for a light hazard occupancy area as defined and used by the state fire marshal in rules the state fire marshal adopts pursuant to section 3737.82 of the Revised Code.
(5) No cooking devices, except for a coffee maker, a microwave oven, or other similar cooking device that is listed as safe for residential use as defined and used by the state fire marshal in rules the state fire marshal adopts pursuant to section 3737.82 of the Revised Code and approved by the fire code official having jurisdiction, are stored or used in the transient sleeping room.
(B) No transient hotel shall change the designation of the transient sleeping rooms included in the list the transient hotel submits to the state fire marshal pursuant to division (A)(3) of this section during a license year. If the transient hotel submits a list of designated rooms with the transient hotel's application for renewal in accordance with division (A)(3) of this section and does not change the designation of any rooms included on the previous list the transient hotel submitted pursuant to that division, the transient hotel may continue to allow guests to stay in the designated rooms for a continuous period of two hundred seventy days or less without having to obtain approval from the state fire marshal.
(C) A transient hotel that permits transient occupancy for a continuous period of two hundred seventy days or less under division (A) of this section shall install, for all portions of the hotel structure that are subject to the requirements of this chapter, and properly maintain, a fire alarm and detection system. The system shall be installed in accordance with requirements specified in the state nonresidential building code established under rules adopted by the board of building standards pursuant to section 3781.10 of the Revised Code and shall be approved by the building official having jurisdiction, and shall be installed in accordance with rules the state fire marshal adopts pursuant to section 3737.82 of the Revised Code and shall be approved by the state fire marshal.
At a minimum, a fire alarm and detection system required by this section, as described in the state fire code adopted pursuant to section 3737.82 of the Revised Code, shall include the annunciation of any activated initiating device at a constantly attended location from which the structure's fire alarm system is capable of being manually activated. All other fire alarm and detection system components shall be installed in accordance with the building and fire code provisions in existence and applicable to such
35
installations at the time the owner receives approval for the plans submitted pursuant to this division.
The owner of the transient hotel shall submit plans or drawings, specifications, and data prepared for the installation of that system to the building code official having jurisdiction over the transient hotel and the state fire marshal for approval. If the owner of the transient hotel is required to install a system or, if the owner of a transient hotel had installed a system that was approved by the building official having jurisdiction prior to the effective date of this section and is required to alter that system to comply with this division, the owner shall submit those plans or drawings, specifications, and data prior to installing or altering the system. No owner of a transient hotel who is required to install or alter a fire alarm and detection system shall install or alter that system until the plans are approved pursuant to this division. If the owner of the transient hotel wishes to allow guest stays for a continuous period of two hundred seventy days or less and the owner previously has installed a fire alarm and detection system in that transient hotel that satisfies the requirements of this section, the owner shall submit those plans prior to allowing guests to stay in the rooms designated under division (A)(3) of this section. Such an owner shall not permit guests to stay in transient sleeping rooms for a continuous period of two hundred seventy days or less until the plans or drawings, specifications, and data are approved pursuant to this division.
The state fire marshal shall conduct a review of the plans for all of the fire alarm and detection systems installed in accordance with this section concurrently with the review conducted by the building code official having jurisdiction and shall conduct that review in accordance with the provisions for such plan reviews as described in the state fire code adopted in accordance with section 3737.82 of the Revised Code. The state fire marshal shall approve or disapprove any plans submitted under this division within thirty days after the date the plans are submitted.
If the state fire marshal determines that such plans and systems meet the requirements of this chapter and the fire code adopted in accordance with section 3737.82 of the Revised Code, the state fire marshal, or a designee of the state fire marshal, shall provide written approval of the submitted plans and, if the system is installed in accordance with the state nonresidential building code and the state fire code, shall sign the certificate of occupancy for the structure incorporating the fire alarm and detection system installed in accordance with this section. Such approvals shall be the exclusive method permitted by the state fire code or any other regulations or codes adopted pursuant to section 535.373 or 737.21 of the Revised Code for approval of the fire alarm and detection system required by this section.
(D) A transient hotel that is constructed or altered on or after the effective date of this section and that wishes to allow transient occupancy under division (A) of this section shall do all of the following:
(1) Satisfy any electrical system requirements for transient occupancy in the transient sleeping rooms to be used under this section;
(2) With respect to the installation and maintenance of electrical power and lighting circuits in the transient sleeping rooms to be used under this section, install and maintain only twenty amp or greater electrical power and lighting circuits that satisfy the requirements of the state nonresidential building code;
(3) Comply with all other requirements of this section.
(E) The provisions of this section apply to all transient hotels electing to allow the extended stays under division (A) of this section in addition to all other nonresidential building and fire code provisions applicable to these structures. Nothing in this section shall be construed to require a hotel in existence on the effective date of this section to install an automatic sprinkler system unless otherwise required by law.
Effective Date: 2008 SB237 09-12-2008
3731.05 Inspections by fire marshal - alterations or changes to achieve compliance.
(A)(1) The state fire marshal shall inspect, prior to issuance or renewal of a license and at any other time necessary, every hotel and SRO facility which comes within sections 3731.01 to 3731.21 of the Revised Code.
(2) The state fire marshal shall have the right of entry into such hotels and SRO facilities at any reasonable time.
(3) Whenever, upon inspection, it is found that such business and property is not being conducted, or is not equipped in the manner and condition required by such sections, the rules adopted pursuant to them, or the state fire code adopted pursuant to section 3737.82 of the Revised Code, the state fire marshal shall notify the owner, proprietor, or agent in charge of such business, or the owner or agent of the building so occupied, of such violations and of any changes or alterations as may be necessary to effect a complete compliance with sections 3731.01 to 3731.21 of the Revised Code, the rules adopted pursuant to those sections, or the state fire code adopted pursuant to section 3737.82 of the Revised Code.
(B)(1) Upon receipt of a notice from the state fire marshal under section 3731.06 of the Revised Code or a citation issued by the state fire marshal pursuant to section 3737.41 or 3737.42 of the Revised Code, the owner, proprietor, or agent in charge of such business shall bring the hotel or SRO facility into
36
compliance with the requirements of this chapter, the rules adopted pursuant to it, or the state fire code adopted pursuant to section 3737.82 of the Revised Code, by making such alterations or changes as may be necessary to put such building and premises in a condition of complete compliance within a reasonable time set by the state fire marshal after being notified by the state fire marshal. An owner, proprietor, or agent in charge of a hotel or SRO facility may request the state fire marshal to extend the time period the state fire marshal establishes to allow the owner, proprietor, or agent to accomplish such alterations or changes. The state fire marshal may grant that request if the owner, proprietor, or agent is able to demonstrate that a longer time is necessary to make such alterations or changes to put such building and premises in a condition of complete compliance and that such an extension does not conflict with any conditions imposed by the board of building appeals after a hearing conducted under section 3737.43 or 3781.19 of the Revised Code.
(2) Any owner, proprietor, or agent, who knowingly fails to bring the hotel or SRO facility into compliance with the requirements of this chapter, the rules adopted pursuant to it, or the state fire code adopted pursuant to section 3737.82 of the Revised Code, by not making the necessary alterations or changes specified in the notification by the state fire marshal is in violation of this section.
(C) Nothing in this chapter shall be construed to limit the authority of the state fire marshal to take any action permitted under sections 3737.41 to 3737.51 of the Revised Code against a hotel or SRO facility in addition to or instead of taking action against the hotel or SRO facility, or the license issued to the hotel or SRO facility under this chapter.
Effective Date: 10-16-1996; 2008 SB237 09-12-2008
3731.06 Suspension or revocation of license upon notice and hearing - appeal.
(A) Upon notice and hearing, the state fire marshal may suspend or revoke any license or impose a fine against an owner, proprietor, or agent of a hotel or SRO facility licensed under this chapter for violation of sections 3731.01 to 3731.21 of the Revised Code, the rules adopted pursuant to those sections, or the state fire code adopted pursuant to section 3737.82 of the Revised Code. The state fire marshal shall impose fines in accordance with the requirements specified in division (E) of this section. The state fire marshal shall not impose a fine, and such suspension or revocation shall not take place, until the state fire marshal first notifies such licensee in writing, calling specific attention to the infractions and until, pursuant to section 3731.05 of the Revised Code, a reasonable time and opportunity is given to reform and correct the matter complained of. Except as provided in division (E) of this section, if such notice proves unavailing for the correction of such matter, the state fire marshal shall
then fix a time and place for hearing in accordance with Chapter 119. of the Revised Code. Upon the conclusion of such hearing the state fire marshal may suspend or revoke the license in question, impose a fine against an owner, proprietor, or agent of a hotel or SRO facility licensed under this chapter, or dismiss the proceedings against such licensee.
(B) If the state fire marshal proposes to deny or otherwise refuse to grant a license to any person or to permit a license already issued to be transferred, as provided in section 3731.03 of the Revised Code, or proposes to revoke a license, the party aggrieved by such decision or refusal shall be heard upon the question as to the right of the party aggrieved to such license or to a transfer of the same, which hearing shall be had in accordance with Chapter 119. of the Revised Code. An appeal may be taken from the action of the state fire marshal in failing to issue said license or permit said transfer in accordance with section 119.12 of the Revised Code.
(C) If the state fire marshal suspends a hotel or SRO facility license in accordance with this section and Chapter 119. of the Revised Code, the state fire marshal shall suspend that license for a reasonable period of time as may be necessary to allow the owner, proprietor, or agent of the licensed hotel or SRO facility to reform and correct the violation for which the state fire marshal suspended the license, not to exceed one hundred eighty days. The owner, proprietor, or agent of the hotel or SRO facility whose license is suspended shall not operate the facility as a hotel or SRO facility and shall not open that structure for use by the public during the time period that the license is suspended. If, at the expiration of the suspension period the violation has not been reformed or corrected, the license automatically shall be revoked without the taking of any action by the state fire marshal.
(D) An operator, proprietor, or agent of a hotel or SRO facility whose license has been revoked by the state fire marshal in accordance with this section and Chapter 119. of the Revised Code may apply for a license in accordance with section 3731.03 of the Revised Code. The state fire marshal shall not issue that operator, proprietor, or agent a new license for a period of one year after the date of revocation, unless the state fire marshal determines that it is appropriate to issue that license at an earlier date. The state fire marshal shall issue that hotel or SRO facility a new license only if the hotel or SRO facility satisfies the applicable requirements for licensure specified in this chapter and in the rules adopted pursuant to it and the operator, proprietor, or agent has corrected the violation for which the state fire marshal revoked the license.
(E) If the state fire marshal elects to impose a fine against an owner, proprietor, or agent of a licensed hotel or SRO facility in accordance with this section and Chapter 119. of the Revised Code, the state fire marshal shall not impose that fine until thirty days after the state fire marshal sends the written notice in
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accordance with division (A) of this section or, if the state fire marshal has given the owner, proprietor, or agent more than thirty days to reform or correct the violation, the expiration of that time period. The state fire marshal may impose a fine against an owner, proprietor, or agent in the following amounts:
(1) If, in the opinion of the state fire marshal, the violation is a fire safety issue, two hundred fifty dollars per violation, except that the amount of the fine shall not exceed one thousand dollars per day, regardless of the number of violations.
(2) For all other violations of section 3731.08 of the Revised Code, a fine of ten dollars for each violation.
The state fire marshal shall deposit all fines the state fire marshal collects under this division into the state fire marshal fund created in section 3737.71 of the Revised Code.
(F) If the state fire marshal takes any action against an owner, proprietor, or agent of a licensed hotel or SRO facility pursuant to sections 3737.41 to 3737.51 of the Revised Code, the state fire marshal may take action against the license issued to that hotel or SRO facility that is prompted by or is a result of action taken under sections 3737.41 to 3737.51 of the Revised Code.
Effective Date: 07-01-1992; 2008 SB237 09-12-2008
3731.07 Enforcement actions - citations.
All enforcement actions pursued and citations issued with respect to state fire code violations shall comply with sections 3737.41 to 3737.51 of the Revised Code.
Effective Date: 07-01-1992
3731.08 Failure or refusal to comply.
No person shall fail or refuse to comply with sections 3731.01 to 3731.21 of the Revised Code or the state fire code adopted pursuant to section 3737.82 of the Revised Code. Each day of violation of such sections constitutes a separate offense.
Effective Date: 07-01-1992
3731.09 Sanitary requirements.
In every transient hotel and extended stay hotel and SRO facility in which the person, firm, or corporation operating it is required to have a license, the premises shall be kept in a sanitary condition.
Effective Date: 10-16-1996; 04-04-2007
3731.10 Plumbing, lighting, and ventilation.
Every hotel and SRO facility shall have proper plumbing, lighting, and ventilation which shall conform to Chapters 3781. and 3791. of the Revised Code.
Effective Date: 10-16-1996
3731.11 Bathroom and restroom facilities.
In all political subdivisions of this state where a system of water works and sewerage is maintained for public use, every hotel and SRO facility shall be equipped
with a sufficient number of suitable water closets for the accommodation of its guests, which water closets shall be ventilated and connected by proper plumbing with such sewerage system. All lavatories, bathtubs, sinks, drains, closets, and urinals in such hotels and SRO facilities shall be properly constructed and shall be kept clean and well ventilated at all times. Separate compartments shall be furnished for different sexes, each being properly designated.
Effective Date: 10-16-1996; 2008 SB237 09-12-2008
3731.12 Beds and bedding.
(A) Every transient hotel and extended stay hotel shall provide in each sleeping room or extended stay temporary residence a bed, bunk, cot, or other furniture designed for sleeping for each guest occupying such accommodations. Every hotel shall provide each bed, bunk, cot, or other sleeping place for the use of transient or extended stay guests with pillow slips and under and top sheets. All sheets and pillow slips used on any furniture designed for sleeping shall be white or off-white in color and shall be washed daily if requested by a guest, and all such sheets and pillow slips, after being used by one guest, shall be washed before being used by another guest.
(B) All extended stay hotels shall provide furniture adequate for living, eating, cooking, sanitation, and sleeping within each dwelling unit.
(C) Except as otherwise specified in division (D) of this section, all residential hotels may, but are not required to, provide furniture adequate for living, eating, cooking, sanitation, and sleeping within each dwelling unit.
(D) All residential hotels, upon request of the dwelling unit guest, shall provide furniture adequate for living, eating, cooking, sanitation, and sleeping within each dwelling unit. Residential hotels may charge appropriate additional fees for the provision of any furniture pursuant to this section.
(E) A hotel shall provide at least one bed of a type that is suitable for use with a portable lift that the guest provides in twenty-five per cent of the total number of rooms that the hotel is required to hold out as accessible sleeping rooms or suites, rounded up to the next whole number. The hotel shall satisfy all of the following requirements with respect to that bed:
(1) The space between the underside of at least one of the longest sides of the bed frame and the finished floor shall be at least six and one-half inches, shall extend a depth of at least thirty inches from the edge of that side of the bed toward the center line of the bed, and shall be clear of any obstructions, to provide for clearance for the use of a portable lift.
Notwithstanding the requirement that the total depth of space described in this division be clear of any obstructions, the legs of the bed may protrude into that space.
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(2) The side of the bed described in division (E)(1) of this division shall be separated by at least forty-five inches of space between that side and any obstacle or other major elements of the room, to allow for maneuverability.
(F) Within forty-five days after the effective date of this amendment, a hotel shall have at least one room that the hotel holds out as an accessible sleeping room or suite that satisfies the requirements of division (E) of this section. Within five years after the effective date of this amendment, or upon completion of the next major renovation of the hotel, whichever occurs first, a hotel shall completely satisfy the requirements specified in that division. No hotel is required to comply with the requirements of this division or division (E) of this section if a federal standard for the type of bed described in division (E) of this section is adopted and becomes effective.
(G) A violation of division (E) or (F) of this section is an unlawful discriminatory practice as described in division (G) of section 4112.02 of the Revised Code. A person who is injured by an alleged violation of division (E) or (F) of this section may file a complaint with the Ohio civil rights commission in accordance with requirements specified in section 4112.05 of the Revised Code. The commission shall follow the procedures specified in that section for complaints filed for violations of division (G) of section 4112.02 of the Revised Code regarding that complaint, except, if the commission determines after a hearing described in division (B) of section 4112.05 of the Revised Code, that a violation has occurred, the commission shall notify the state fire marshal. The state fire marshal, upon receipt of that notice, shall take the action the state fire marshal determines necessary against the owner, keeper, or lessee of that hotel in accordance with sections 3731.05 and 3731.06 of the Revised Code.
Effective Date: 07-01-1992; 04-04-2007; 2008 SB237 09-12-2008
3731.13 Bedding, floors, and carpets must be kept sanitary.
All bedding used in any hotel must be thoroughly aired, disinfected, and kept clean. No bedding which is infested with vermin or bedbugs shall be used on any bed in any hotel. All floors, carpets, and equipment in hotels, and all walls and ceilings shall be kept in sanitary condition.
Effective Date: 07-01-1992
3731.14 Fumigation.
When any room has been occupied by a person having an infectious or contagious disease, such room shall not be used again until it is thoroughly fumigated and the bedding disinfected.
Effective Date: 10-01-1953
3731.15 Separate sleeping and bath areas - cooking facilities.
(A) Each sleeping room of a hotel shall include a separate sleeping and bath area.
(B) No sleeping room of a hotel or an SRO facility shall include cooking facilities unless the facilities have been approved by the state, municipal, township, or county building department having jurisdiction over the hotel or SRO facility.
Effective Date: 10-16-1996
3731.16 Posting of hotel rates.
The owner or manager of each hotel shall post in a conspicuous place in each room thereof a card or sign stating the price per day of such room, and shall file with the state fire marshal a diagram or list showing the price of each room in the hotel and no advances shall be made in this schedule, without twenty days' written notice to the state fire marshal. The posted hotel rate shall reflect the maximum actual rate and include the maximum rate per number of actual occupants.
Effective Date: 07-01-1992; 2008 SB237 09-12-2008
3731.17, 3731.18 [Repealed].
Effective Date: 07-01-1996
3731.19 [Repealed].
Effective Date: 10-29-1953
3731.20 Gifts to officials prohibited.
The state fire marshal or the state fire marshal's assistants shall accept no gift or gratuity in any form from any hotel or SRO facility under penalty of summary dismissal.
Effective Date: 10-16-1996; 2008 SB237 09-12-2008
3731.21 Enforcement.
(A) If a health official determines that an owner, keeper, or lessee has not complied with the requirements for sanitation specified in sections 3731.09, 3731.11, 3731.12, and 3731.13 of the Revised Code, the health official shall notify the state fire marshal, and the state fire marshal may take any action permitted under this chapter that the state fire marshal determines is appropriate.
(B)(1) Except as limited by division (B)(3) of this section, the state fire marshal, or other person representing the state fire marshal, may file a complaint with the attorney general, the prosecuting attorney of the county in which the hotel or structure that is the subject of the complaint is located, or both. Except as otherwise provided in divisions (B)(2) and (3) of this section, upon receipt of that complaint, the attorney general or prosecuting attorney may prosecute to termination before the court of common pleas of the county in which the hotel or structure that is the subject of the complaint is located a proper action or proceeding against any person violating this chapter.
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(2) If the state fire marshal elects to file a complaint with both the attorney general and a county prosecutor, the following circumstances apply, as applicable:
(a) If both the attorney general and the county prosecutor determine that the complaint should be prosecuted, the state fire marshal shall do both of the following:
(i) Determine which one of those two entities should proceed with the complaint and request that entity to proceed;
(ii) Notify the entity not chosen pursuant to division (B)(2)(a)(i) of this section of the state fire marshal's determination and request that entity not to proceed with the complaint.
(b) If one of the entities determines, on the merits of the complaint, not to prosecute the complaint, the state fire marshal shall request the other entity not to proceed with the complaint.
(c) If one of the entities determines, for reasons other than the merits of the complaint, not to prosecute the complaint, the state fire marshal may request the other entity to proceed with the complaint.
(3) If the state fire marshal elects to file a complaint with either the attorney general or a county prosecutor, but not both, the following circumstances apply, as applicable:
(a) If the entity with which the state fire marshal files the complaint determines, for reasons other than the merits of the complaint, not to prosecute the complaint, the state fire marshal may file the complaint with the other entity.
(b) If the entity with which the state fire marshal files the complaint determines, on the merits of the complaint, not to prosecute the complaint, the state fire marshal shall not file the complaint with the other entity.
(C) Nothing in this section shall be construed to prevent the attorney general and prosecuting attorney from collaborating on a prosecution.
Effective Date: 10-01-1953; 2008 SB237 09-12-2008
3731.99 Penalty.
Whoever violates section 3731.03 or 3731.05 of the Revised Code is guilty of a misdemeanor of the first degree.
Effective Date: 07-01-1996; 2008 SB237 09-12-2008
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Ohio Fire Code Section 118 Hotel and SRO facility license
[OAC 1301:7-7-01(R)]
(1) 118.1 License to operate a hotel or SRO facility. For those facilities defined as a hotel or SRO facility in section 3731.01 of the Revised Code, the issuance of a license shall be contingent upon compliance with Chapter 3731. of the Revised Code and rules adopted pursuant to section 3731.02 of the Revised Code.
(a) 118.1.1. As required by division (D) of section 3731.03 of the Revised Code, all hotel and SRO licenses shall expire on the last day of December of each year. All applications to renew a license to operate a hotel shall be submitted to the state fire marshal in accordance with this paragraph.
(b) 118.1.2. If any owner, operator, lessee, or responsible person in control of a hotel or SRO facility licensed pursuant to Chapter 3731. of the Revised Code and this paragraph maintains or operates a hotel or SRO facility where accommodations for assignation purposes are furnished, or if any owner, operator, or responsible person in control of such a hotel or SRO facility has been convicted of keeping a place in violation of the law relating to houses of assignation or places of public nuisance the owner, operator, or responsible person shall notify the state fire marshal of the conviction or finding in writing by submitting a copy of the judgement entry or other court termination or of the operation in writing by submitting other documentation notifying the state fire marshal of the activity. The notification to the state fire marshal shall be made within 60 days of the activity, the conviction or the finding, or upon submission of a license renewal application, whichever is earlier.
(2) 118.2 Definitions. The following terms are defined in rule 1301:7-7-02 of the Administrative Code.
"Agricultural labor camp."
"Apartment house."
"Approved."
"Boarding, lodging, rooming house."
"Constantly attended location."
"Cooking devices."
"Cooking device listed as safe for residential use."
"Dwelling unit."
"Dwelling unit features."
"Efficiency unit."
"Emergency egress routes/Escape routes."
"Extended stay hotel."
"Guestroom."
"[Hospital/college] Dormitory." "Hotel."
"Light hazard occupancy."
"Person/responsible person."
"Residential hotel."
"Residential premises."
"Single room occupancy."
"Sleeping room."
"SRO facility."
"Temporary residence."
"Transient."
"Transient hotel."
"Transient 270 day stay hotel room."
(3) 118.3 Hotel and SRO facilities.
(a) 118.3.1 "Hotel" does not include agricultural labor camps, apartment houses, lodging houses, rooming houses, or hospital or college dormitories.
(b) 118.3.2 A SRO facility shall include, at a minimum, a sleeping area with adequate sleeping accommodations for the guest such as a bed, bunk, cot or other furniture designed for sleeping.
(c) 118.3.3 No person licensed to maintain and operate a hotel or SRO facility shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located the licensed hotel, unless the agricultural labor camp, apartment house, lodging house, rooming house or hospital or college dormitory has been constructed as, and been approved by the building official having jurisdiction over it as being a separate building within the hotel structure in accordance with approved building rated separation assemblies.
(i) 118.3.3.1 Upon initial application for licensure or upon request of the state fire marshal, a hotel or SRO facility seeking approval of separated uses as described in paragraph (R)(3)(c)(118.3.2) of this rule, must submit to the state fire marshal a valid certificate of occupancy that clearly indicates the separation of such uses as issued by the building official having jurisdiction and any other documentation requested by the state fire marshal.
(ii) 118.3.3.2 The state fire marshal shall not issue more than one hotel or SRO license for any structure.
(d) 118.3.4 The most current license issued to a hotel or SRO facility shall be kept in the office of such hotel or SRO facility and produced for review when requested by the fire code official or displayed in a conspicuous and public manner therein.
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(e) 118.3.5 For purposes of determining compliance with administrative licensure requirements, each hotel or SRO facility shall maintain on the premises, a register or guest information records or written occupancy agreement for a period of two years and provide such information upon request of the state fire marshal or fire code official. The register, guest information records or written occupancy agreements shall clearly indicate the dates of arrival and departure for occupants in such guestroom.
(f) 118.3.6 Each licensed hotel or SRO facility shall maintain a responsible person on duty on the premises or provide appropriate notification information posted in a conspicuous place visible from the exterior.
(g) 118.3.7 Every hotel and SRO facility shall have proper plumbing, lighting and ventilation installed and maintained in accordance with the building code, plumbing code and mechanical code as listed in rule 1301:7-7-80 of the Administrative Code and this code.
(h) 118.3.8 The responsible person for the hotel or SRO facility must safely and properly maintain the building, structure, premises or lot at all times in accordance with this code, other jurisdictional codes and ordinances and the International Property Maintenance Code as listed in rule 1301:7-7-80 of the Administrative Code.
(i) 118.3.9 The responsible person of a licensed hotel shall post in each guestroom the hotel room rate indicating the maximum actual rate and include the maximum rate per number of actual occupants.
(j) 118.3.10 The responsible person or licensee of a hotel or SRO facility shall post the arson laws, as set forth in sections 2909.02 and 2909.03 of the Revised Code, in a conspicuous place in each guestroom, sleeping room, or dwelling unit in the facility.
(k) 118.3.11 The responsible person or licensee of a hotel or SRO facility shall post emergency egress routes or escape routes in a conspicuous place in each guestroom, sleeping room, or dwelling unit in the facility.
(4) 118.4 Transient hotels.
(a) 118.4.1 The requirements of this paragraph are specific to licensed transient hotels but the responsible person and licensee of the licensed transient hotel is not exempt from the requirements of paragraph (R)(3)(118.3) of this rule.
(b) 118.4.2 No person licensed to operate a transient hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed transient hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i) (118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.
(c) 118.4.3 The responsible person or licensee of a transient hotel licensed pursuant to division (A)(2) of section 3731.01 of the Revised Code shall not permit guests to stay in guestrooms or sleeping rooms for periods in excess of thirty (30) days.
Exception: Guests are permitted to stay up to 270 days in transient hotel guestrooms and sleeping rooms when all of the following conditions are met:
1. Not more than 40 per cent of the total transient guestrooms and sleeping rooms in the facility are transient 270 day stay hotel rooms.
2. The designation of specific guestrooms or sleeping rooms on the license application or change of status application as 270 day stay hotel rooms does not change to another category or type during the annual hotel license period.
3. The responsible person or licensee of the licensed transient hotel submits the list of 270 day stay hotel room numbers to the state fire marshal not less than 30 days prior to the first day any guest is allowed to stay in any 270 day stay hotel room.
4. The responsible person or licensee of the transient hotel designates each specific 270 day stay hotel room by room number.
5. The building official having jurisdiction and the state fire marshal have approved the existing fire alarm system.
6. 270 day stay hotel room guests do not accumulate combustible materials within the 270 day stay hotel rooms to the point that the hazard classification of the hotel room would no longer be light hazard in the opinion of the fire code official.
7. No cooking devices except for those listed as safe for residential use as the terms are defined in rule 1301:7-7-02 of the Administrative Code are stored or used within the 270 day stay hotel room.
8. Smoke detectors, which shall be properly installed in all guestrooms and sleeping rooms of a transient hotel that provides 270 day stay hotel rooms to guests, annunciate at a constantly attended location from which the structure's fire alarm system can be manually activated.
9. A means to manually activate the structure's fire alarm system is provided at the constantly attended location where the guestroom or sleeping room smoke detectors are annunciated.
(5) 118.5 Extended stay hotels.
(a) 118.5.1 The requirements of this paragraph are specific to licensed extended stay hotels but the
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responsible person and licensee of the licensed extended stay hotel is not exempt from the requirements of paragraph (R)(3)(118.3) of this rule.
(b) 118.5.2 No person licensed to operate an extended stay hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed extended stay hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i) (118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.
(c) 118.5.3 No person shall operate an extended stay hotel as defined in rule 1301:7-7-02 of the Administrative Code without first obtaining a license from the state fire marshal for the extended stay hotel licensure category pursuant to paragraph (R)(1)(118.1) of this rule.
(d) 118.5.4 The responsible person or licensee of the licensed extended stay hotel may permit stays of less than thirty (30) days within dwelling units or other rooms within the structure only if such dwelling units or rooms are specifically constructed and approved as also being transient sleeping rooms.
(i) 118.5.4.1 The building official having jurisdiction shall approve through a valid certificate of occupancy and the state fire marshal shall approve any dwelling unit or other room that is to be used for stays of less than thirty (30) days. This certificate of occupancy shall indicate the specific rooms within the structure that are approved for use as transient sleeping rooms.
(e) 118.5.5 The state fire marshal shall not issue an extended stay hotel license for a facility and no person shall operate a facility as an extended stay hotel as defined in rule 1301:7-7-02 of the Administrative Code unless a valid certificate of occupancy has been obtained for the facility.
(f) 118.5.6 Provisions for cooking, as approved by the building official having jurisdiction, shall be provided in each dwelling unit and consist of a space for food preparation, one cooking appliance, and a properly plumbed kitchen sink separate from the bathroom lavatory.
(g) 118.5.7 Provisions for eating within the dwelling unit shall be provided and shall consist of appropriate furnishings for the consumption of food.
(h) 118.5.8 Provisions for living within the dwelling unit shall be provided and shall consist of a bath area for personal hygiene that is separated from other areas in the dwelling unit and is equipped with a properly plumbed water closet, lavatory and tub/shower
(i) 118.5.9 Provisions for sleeping within the dwelling unit shall be provided and, at a minimum, consist of a sleeping area with adequate sleeping accommodations for each guest such as a bed,
bunk, cot or other furniture designed for sleeping and accompanying bedding, mattress, box spring, pillow(s), sheets and pillow cases.
(6) 118.6 Residential hotel.
(a) 118.6.1 The requirements of this paragraph are specific to licensed residential hotels but the responsible person and licensee of the licensed residential hotel is not exempt from the requirements of paragraph (R)(3)(118.3) of this rule.
(b) 118.6.2 No person licensed to operate a residential hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed residential hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i) (118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.
(c) 118.6.3 No person shall operate a residential hotel as defined in rule 1301:7-7-02 of the Administrative Code without first obtaining a license from the state fire marshal for the residential hotel licensure category pursuant to paragraph (R)(1)(118.1) of this rule.
(d) 118.6.4 Residential hotels shall only be kept, used, maintained, advertised, and held out to the public for minimum stays of more than thirty (30) days.
(e) 118.6.5 Responsible persons and licensees of licensed residential hotels shall, upon request of the dwelling unit guest, provide furniture adequate for living, eating, cooking, sanitation and sleeping within the dwelling unit. Furniture or furnishings provided for sleeping and sanitation shall include bed, blankets, sheets and pillow cases, towels and washcloths. The residential hotel may charge appropriate additional fees for the provision of any furniture or provisions pursuant to this paragraph.
(7) 118.7 Licensure.
(a) 118.7.1 To obtain a new or renewal hotel or SRO facility license, the applicant shall submit to the state fire marshal an application with the appropriate fee payment as set forth in paragraph (R)(7)(c)(118.7.3) of this rule. The application shall be in a form as prescribed by the state fire marshal and shall include all information required by Chapter 3731. of the Revised Code, by this paragraph and by the state fire marshal.
(b) 118.7.2 Each applicant for a hotel facility license shall specify on the application provided by the state fire marshal the appropriate licensure category, indicating whether the facility is a transient hotel (including those that contain transient 270 day stay hotel rooms), extended stay hotel, or a residential hotel as those terms are defined in rule 1301:7-7-02 of the Administrative Code.
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(i) 118.7.2.1 Each applicant for a transient hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal, such documentation shall include a valid certificate of occupancy demonstrating approval of sleeping accommodations for transient guests for a period of thirty days or less.
(a) 118.7.2.1.1 Each applicant for a transient hotel facility license shall specify on the application provided by the state fire marshal which rooms, meeting the requirements of section 3731.041 of the Revised Code, by room number, are offered for a period of more than 30 days but less than 270 days.
(ii) 118.7.2.2 Each applicant for an extended stay hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal such documentation shall include a valid certificate of occupancy demonstrating that each unit the licensee intends to use as an extended stay guestroom has been specifically approved as a dwelling unit or efficiency containing provisions for living, eating, cooking, sanitation and sleeping.
(a) 118.7.2.2.1 Each applicant for an extended stay hotel facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods exceeding 30 days.
(b) 118.7.2.2.2. The valid certificate of occupancy shall list the specific rooms by room number that are approved as dwelling units. In addition, the valid certificate of occupancy shall demonstrate that the dwelling units have both of the following types of features:
(i) The required dwelling unit features for non-transient residence purposes in accordance with the residential group R-2 use and occupancy classification adopted by the board of building standards pursuant to section 3781.10 of the Revised Code, or any subsequent classification established by the board that is substantially similar to that classification;
(ii) All of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board pursuant to that paragraph, or any subsequent classification established by the board that is substantially similar to that classification.
(iii) 118.7.2.3 Each applicant for a SRO facility license shall complete the application provided by the state fire marshal.
(a) 118.7.2.3.1 Upon initial application or request of the state fire marshal, each applicant for an SRO facility license shall provide a valid certificate of occupancy demonstrating a use group classification for the SRO facility of R-2 as approved and issued by the building official having jurisdiction. Any facility operating prior to October 16, 1996, in the nature of a SRO facility, whether previously licensed as a hotel or not, shall be permitted to provide documentation of a use group classification of either R-1 or R-2 as approved and issued by the building official having jurisdiction.
(b) 118.7.2.3.2 Each applicant for an SRO facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods of 30 days or less.
(iv) 118.7.2.4. Each applicant for a residential hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal such documentation shall include a valid certificate of occupancy demonstrating that each unit the licensee intends to use as a residential stay guestroom has been specifically approved as a dwelling unit or efficiency containing provisions for living, eating, cooking, sanitation and sleeping. In addition, the certificate of occupancy shall demonstrate that the hotel has all of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board of building standards pursuant to chapter 3781. of the Revised Code.
(a) 118.7.2.4.1. Each applicant for a residential hotel facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods exceeding 30 days.
(v) 118.7.2.5. Transfer and information changes. If the ownership of a hotel or SRO facility is transferred from one person to another person, upon the sale or disposition of the hotel or SRO facility or its removal to a new location, the new owner shall request a transfer of the license from the state fire marshal. No license shall be transferred without the consent of the state fire marshal. A completed application as prescribed by the state fire marshal for transfer shall be received by the state fire marshal no later than the earlier of the following:
1. The end of the calendar year in which the transfer occurred; or
2. 90 days from the date of the transfer; or
3. Upon submission of an application to renew a hotel license.
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Exception: Transfers of a license occurring before the effective date of this code shall be submitted to the state fire marshal within ninety (90) days from the effective date of this code.
Transfer fees shall be assessed in accordance with paragraph (R)(7)(c)(iv) (118.7.3.4) of this rule.
The transfer of a hotel license shall be contingent upon an inspection verifying compliance with Chapter 3731. of the Revised Code and rules adopted pursuant to section 3731.02 of the Revised Code.
(a) 118.7.2.5.1. If the approval of the proposed transfer would be contrary to applicable law or this code, the state fire marshal may refuse to permit a license already issued to be transferred to a different owner or may refuse to grant any license to operate a hotel or to permit a license already issued to be transferred. Pursuant to and in accordance with Chapter 119. of the Revised Code, the aggrieved party may request a hearing on the denial of transfer. Such hearing shall be in accordance with Chapter 119. of the Revised Code.
(c) 118.7.3 License fees.
(i) 118.7.3.1 License fees. The initial licensure fee for a new hotel or SRO facility shall be:
(a) For all hotels or SRO facilities with exterior corridor rooms only, two thousand dollars;
(b) For all hotels or SRO facilities with interior corridor rooms only, three thousand dollars;
(c) For all hotels or SRO facilities with exterior or interior corridor rooms and places of assembly, such as restaurant, lounge, banquet facility, etc., four thousand dollars.
(ii) 118.7.3.2 Renewal, reactivation and re-application fees. On or before December first of each year a renewal application as prescribed by the state fire marshal shall be submitted with the appropriate renewal fee. The renewal fee for each hotel or SRO facility license shall be a minimum of one hundred ten dollars or one dollar per room, whichever is greater. Beginning with the renewal application process for the licensing year commencing January 1, 2019, renewal applications received after the last day of December of each year shall be made inactive and require reactivation. The reactivation fee shall be three hundred dollars which shall be paid in addition to the renewal fee. Beginning with the renewal application process for the licensing year commencing January 1, 2019, renewal applications received on or after March 1stshall be considered a new application in accordance with paragraph (R)(7)( 118.7 ) of this rule and shall pay fees in accordance with paragraphs (R)(7)(c)(i)(118.7.3.1) to (R)(7)(c)(i)(c)(118.7.3.1) of this rule. Hotel or SRO facilities that fail to timely
renew their licenses on or before December 31st, shall cease to operate as a hotel or SRO facility until a valid license to operate is issued to the facility by the state fire marshal.
(iii) 118.7.3.3 Change of license information. Changes to license information shall require a twenty-five-dollar fee.
(iv) 118.7.3.4 Transfer of license. The fee for the transfer of a license shall be five hundred dollars and a completed application for transfer shall be accompanied by documentation evidencing the sale or transfer as required by the state fire marshal. Any transfer application that is not received in a timely manner as set forth in paragraph (R)(7)(b)(v)(118.7.2.5) of this rule shall be accompanied by a late fee of two hundred and fifty dollars in addition to the five-hundred-dollar transfer fee.
(v) 118.7.3.5 Adding newly constructed portions. The fee shall be five hundred dollars for one to twenty guestroom additions, one thousand dollars for more than twenty guestroom additions, and fifteen hundred dollars for the addition of guestrooms and/or places of assembly such as restaurants, lounges, banquet facilities, mercantile or office space.
(vi) 118.7.3.6 Adding a previously licensed portion. The fee shall be two hundred dollars for one to twenty guestroom additions, four hundred dollars for more than twenty guestroom additions, and five hundred dollars for the addition of guestrooms and/or places of assembly such as restaurants, lounges, banquet facilities, mercantile or office space.
(vii) 118.7.3.7 Duplicate license. An application for a duplicate hotel or SRO license shall be made in writing to the state fire marshal and shall be accompanied by a ten-dollar fee.
(d) 118.7.4 Removal, transfer and licensing of a portion of a facility.
(i) 118.7.4.1 If a licensee seeks to remove or transfer a portion of a currently licensed hotel or SRO facility, the licensee shall notify the state fire marshal in writing of such portions of the licensed hotel or SRO facility premises that are to be affected by the change to license information and pay the fee set forth in paragraph (R)(7)(c)(iii)(118.7.3.3) of this rule.
(ii) 118.7.4.2 To add a previously licensed portion of a licensed premises to a current hotel or SRO facility license, the licensee shall apply to the state fire marshal to change the license information. Such application shall include documentation as required by the state fire marshal including, but not limited to, a valid certificate of occupancy in accordance with paragraphs (R)(7)(b)(i)(118.7.2.1) to (R)(7)(b)(iv)(a)
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(118.7.2.4.1) of this rule. This application shall reflect the entire hotel or SRO facility.
(iii) 118.7.4.3 To add a newly constructed portion that would change the total number of guestrooms, sleeping rooms and/or dwelling units to an existing licensed hotel or SRO facility, the licensee shall apply to the state fire marshal to change the license information. Such application shall include documentation as requested by the state fire marshal including, but not limited to, a valid certificate of occupancy in accordance with paragraphs (R)(7)(b)(i)(118.7.2.1) to (R)(7)(b)(iv)(a) (118.7.2.4.1) of this rule. This application shall reflect the entire hotel or SRO facility.
(iv) 118.7.4.4 The state fire marshal shall not issue more than one hotel or SRO facility license for a hotel or SRO facility or portion thereof as licensed under this paragraph.
(e) 118.7.5 Compliance.
(i) 118.7.5.1 The owner, proprietor, or agent in charge of any business or property or any business or property subject to licensure in accordance with Chapter 3731. of the Revised Code shall comply with the following:
(a) 118.7.5.1.1 No hotel or SRO facility shall be maintained, conducted, or advertised without a license.
(b) 118.7.5.1.2 No person shall advertise, conduct, maintain or operate any structure as a hotel or as an SRO facility, or any business or property meeting the definition of a hotel or SRO facility, without a license.
(c) 118.7.5.1.3 No person shall operate a structure subject to licensure in accordance with Chapter 3731. of the Revised Code that is not equipped in the manner and conditions as required under Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.
(d) 118.7.5.1.4 No person shall advertise, conduct, maintain, or operate a licensed hotel or licensed SRO facility in a manner that is inconsistent with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.
(e) 118.7.5.1.5 No person shall fail or refuse to comply with sections 3731.01 to 3731.21 of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.
(f) 118.7.5.1.6 Each day of violation of paragraphs (R)(7)(e)(i)(a)(118.7.5.1.1) to
(R)(7)(e)(i)(e)(118.7.5.1.5) of this rule constitutes a separate offense.
(ii) 118.7.5.2 Inspection. The state fire marshal may inspect any business or property subject to Chapter 3731. of the Revised Code at any reasonable time. Such inspections may be conducted, upon a complaint received by the state fire marshal, for licensure purposes or for any other reason, to determine if a business or property is in compliance with Chapter 3731. of the Revised Code, this paragraph or any other applicable laws, rules or regulations.
(iii) 118.7.5.3 Notice of violation. Whenever, upon inspection, it is found that a business or property is not being conducted, or is not equipped in the manner and condition required by Chapter 3731. of the Revised Code, this paragraph, or the state fire code adopted pursuant to section 3737.82 of the Revised Code, the state fire marshal shall notify the owner, proprietor, or agent in charge of such business, or the owner or agent of the building so occupied, of such violations and of any changes or alterations as may be necessary to effect complete compliance with sections 3731.01 to 3731.21 of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.
(iv) 118.7.5.4 Compliance. The owner, proprietor, or agent in charge of any business or property receiving a notice of violation in accordance with paragraph (R)(7)(e)(iii)(118.7.5.3) of this rule shall bring the business or property into compliance with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code within a reasonable time set by the state fire marshal.
(v) 118.7.5.5 Methods of enforcement. If an owner, proprietor, or agent in charge of any business or property receiving a notice of violation in accordance with paragraph (R)(7)(e)(iii)(118.7.5.3) of this rule does not bring the business or property into compliance with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code within a reasonable time set by the state fire marshal, the state fire marshal may take any enforcement actions permitted by law including, but not limited to, issuance of a notice of opportunity for hearing to deny, suspend or revoke licensure, issuance of a citation pursuant to section 3737.41 and/or 3737.42 of the Revised Code, injunctive relief pursuant to sections 3731.05, 3731.21 and 3737.44 to 3737.46 of the Revised Code and/or criminal prosecution pursuant to sections 3731.03, 3731.05 and 3731.99 of the Revised Code.
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(a) 118.7.5.5.1 Nothing in this paragraph shall be construed to limit the authority of the state fire marshal to take any action permitted under sections 3737.41 to 3737.51 of the Revised Code against a hotel or SRO facility in addition to or instead of taking action against the hotel or SRO facility, or the license issued to the hotel or SRO facility under Chapter 3731. of the Revised Code or this rule.
(vi) 118.7.5.6 For any denial, revocation or suspension of licensure actions taken by the state fire marshal, such actions shall be taken in accordance with applicable law, including Chapter 119. of the Revised Code and sections 3731.05 and 3731.06 of the Revised Code.
(f) 118.7.6 Licensure limitations.
(i) 118.7.6.1 Each applicant for a hotel or SRO facility license shall specify on the application provided by the state fire marshal which rooms are offered for occupancy for a period of thirty days or less and which rooms are offered for occupancy for a period of 270 days or less.
OPERATION SAFE STAY
(8) 118.8 "Ohio Safe Stay Hotel" designation. There is hereby created within the state of Ohio the "Safe Stay Hotel" designation. The "Ohio Safe Stay Hotel" program is designed to incentivize and encourage hotel owners and operators within the state of Ohio to work with the state fire marshal to establish and maintain compliance with applicable provisions of this paragraph, the Administrative Code, and the sanitary compliance standards set forth in Chapter 3731. of the Revised Code. The purpose of this designation is to provide to the citizens of and visitors to the state of Ohio information regarding what hotel facilities within the state of Ohio are operating within those applicable standards and in conformance with the criteria set forth herein.
(a) 118.8.1 Scope. The provisions of this paragraph govern the implementation of the "Ohio Safe Stay Hotel" program and set forth the requirements and criteria for participation in the program.
(b) 118.8.2 Terms used for paragraph (R)(8)(118.8) of this rule. The following words take on exclusive meaning as used in paragraph (R)(8)(118.8) of this rule and for the purposes of this paragraph have the following meaning:
"Hotel." A hotel as defined in section 3731.01 of the Revised Code.
"Minor violation." A violation of the Ohio Fire Code that in the discretion of the state fire marshal is of such character and nature that it does not pose an immediate threat to life or property and that can be corrected immediately and without
delay, and that is corrected during the course of an inspection.
"Safe Stay Hotel." A hotel that meets all of the qualifications and criteria set forth in paragraph (R)(8)(c)(118.8.3) of this rule and that is designated as an "Ohio Safe Stay Hotel" by the state fire marshal.
(c) 118.8.3 Qualifications for "Ohio Safe Stay Hotel" designation. In order to be designated as an "Ohio Safe Stay Hotel" by the state fire marshal, a hotel must meet all of the following:
(i) The hotel must have been issued a valid license to operate a hotel by the state fire marshal for the applicable calendar year; and
(ii) The state fire marshal must receive from a hotel a hotel license renewal application to operate a hotel in a timely manner and the application shall contain true and accurate information; and
(a) For the purposes of qualifying for an "Ohio Safe Stay Hotel" designation, a hotel license renewal application is considered timely if the application, all required paperwork, and all associated fees are received by the division of state fire marshal on or before October 1 of each calendar year. The state fire marshal may change or extend this deadline in the state fire marshal's sole discretion. Notice of any change or extension of the deadline for timely submission of a hotel license renewal application shall be given as set forth in paragraph (R)(8)(i)(118.8.9) of this rule.
(iii) The hotel must not be in violation of any provision of this code, paragraph (R)(118) of this rule, or of the sanitary compliance standards set forth in Chapter 3731. of the Revised Code or any rules adopted pursuant thereto; and
Exception: A hotel having only minor violations of this code at the time of inspection may qualify for the "Ohio Safe Stay Hotel" designation if all minor violations are immediately corrected during the course of the inspection and before the state fire marshal concludes the inspection as documented in an inspection report and said minor violations do not result in the issuance of a citation pursuant to section 3737.41 or section 3737.42 of the Revised Code.
(iv) No finding of nuisance shall have been issued by a court of competent jurisdiction against the hotel, hotel owner, operator, or responsible person, or against the property upon which the hotel is located; and
(v) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of Chapter 2925. or Chapter 3719. of the Revised Code shall have
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been entered by a court of competent jurisdiction against any hotel owner, operator, or responsible person, wherein the offense or conviction relate to conduct that occurred at any structure licensed under, subject to the licensure requirements of or previously licensed under Chapter 3731. of the Revised Code; and
(vi) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of Chapter 2925. or Chapter 3719. of the Revised Code shall have been entered by a court of competent jurisdiction against any person wherein the conduct that is the basis for such finding or conviction was engaged in on the premises of the hotel seeking a designation under this section and it is demonstrated that the hotel owner, operator or responsible person knew or should have known of such conduct prior to its occurrence.
(d) 118.8.4 "Ohio Safe Stay Hotel" designation. Commencing with the licensure period after the effective date of this rule and upon submission of an application to renew a license to operate a hotel, the state fire marshal may designate the hotel as an "Ohio Safe Stay Hotel" if both of the following are met:
(i) The hotel is in compliance with the qualifications set forth in paragraphs (R)(8)(c)(i)(118.8.3) to (R)(8)(c)(iii) (118.8.3) of this rule for a period of twenty-four consecutive months immediately preceding the licensure period to which the application applies; and
(ii) The hotel is in compliance with the qualifications set forth in paragraphs (R)(8)(c)(iv)(118.8.3) to (R)(8)(c)(vi) (118.8.3) of this rule for a period of sixty consecutive months preceding the licensure period to which the application applies.
(e) 118.8.5 Documentation. Each qualifying "Ohio Safe Stay Hotel" shall receive documentation from the state fire marshal verifying that the hotel is an "Ohio Safe Stay Hotel." Such documented designation shall be in a format that is capable of display by the hotel and that is uniform and readily identifiable to the public.
(f) 118.8.6 Publication. The state fire marshal shall create and maintain a current registry of all licensed hotels in the state of Ohio that have been designated as an "Ohio Safe Stay Hotel." The list shall be readily available to the public and shall be published in electronic format on the division's website.
(g) 118.8.7 Use of qualifying "Ohio Safe Stay Hotel" designation. Any hotel that is designated as an "Ohio Safe Stay Hotel" may represent itself as such in any publication or marketing tools used by the hotel for promotion and may utilize the logo, decal, or designation issued to it by the state fire marshal for such purposes. Such logo, decal, or
designation may be reproduced by the hotel for use under this rule at any time during which the hotel is designated as an "Ohio Safe Stay Hotel" as determined by the state fire marshal. The logo, decal or designation may be used and reproduced by the facility for marketing, promotional, or other similar purposes in digital, print or other media formats, including hardcopy reproduction for use in literature or promotional materials and display in the licensed facility, and electronic reproduction for use in digital marketing campaigns.
(i) No person or entity shall use the "Ohio Safe Stay Hotel" logo, decal, or designation unless and until such logo, decal, or designation is issued to it by the state fire marshal. Any hotel that has previously been issued an "Ohio Safe Stay Hotel" logo, decal, or designation shall immediately cease the use of the logo, decal, or designation if such logo, decal or designation has been revoked or not renewed by the state fire marshal. No person or entity shall misuse the logo, decal, or designation or misrepresent to the public that a hotel is or has been designated by the state fire marshal as an "Ohio Safe Stay Hotel."
(h) 118.8.8 Revocation or non-renewal of designation. The state fire marshal may revoke or deny renewal of the designation of a hotel as an "Ohio Safe Stay Hotel" in the event of any of the following:
(i) Upon a determination by the state fire marshal that the hotel is not in compliance with any of the provisions of paragraph (R)(8)(c)(118.8.3) or (R)(8)(d) (118.8.4) of this rule; or
(ii) An alteration or modification of the hotel that is not approved and/or permitted in conformance with the provisions of this rule and/or the building code as listed in rule 1301:7-7-80 of the Administrative Code; or
(iii) Misuse of the "Ohio Safe Stay Hotel" logo, decal, or designation or misrepresentation of a hotel as a designated "Ohio Safe Stay Hotel" at any time within sixty consecutive months immediately preceding the licensure period during which the state fire marshal becomes aware of the misuse or misrepresentation.
If a hotel's designation is revoked or not renewed by the state fire marshal, the logo, decal, or designation shall be immediately removed from the hotel facility and from all of its literature and marketing and advertising campaigns in any format or medium, the hotel's designation as an "Ohio Safe Stay Hotel" in the registry of hotels shall be removed, and the hotel shall immediately cease all use and/or reproduction of the logo, decal or designation in any manner.
(i) 118.8.9 Notification. The state fire marshal shall publish on its website a written policy describing how affected persons or entities shall be notified of any revocations or non-renewals of any designations
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under paragraph (R)(8)(h) (118.8.8) of this rule and any extensions of application deadlines described in paragraph (R)(8)(c)(ii)(a)(118.8.3) of this rule. A facility having its designation revoked or not renewed or facilities affected by a deadline extension shall be provided notice of such actions per the policy published on the division's website.
(j) 118.8.10 Effective date. The provisions of this paragraph shall become effective September 1, 2015.
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Ohio Revised Code
Chapter 2909: ARSON AND OTHER
RELATED OFFENSES (in part) 2909.01 Arson and related offenses definitions.
As used in sections 2909.01 to 2909.07 of the Revised Code:
(A) To "create a substantial risk of serious physical harm to any person" includes the creation of a substantial risk of serious physical harm to any emergency personnel.
(B) "Emergency personnel" means any of the following persons:
(1) A peace officer, as defined in section 2935.01 of the Revised Code;
(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;
(3) A member of a private fire company, as defined in section 9.60 of the Revised Code, or a volunteer firefighter;
(4) A member of a joint ambulance district or joint emergency medical services district;
(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned or operated by a political subdivision or a private entity;
(6) The state fire marshal, the chief deputy state fire marshal, or an assistant state fire marshal;
(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.
(C) "Occupied structure" means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:
(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present.
(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present.
(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present.
(4) At the time, any person is present or likely to be present in it.
(D) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.
(E) "Computer," "computer hacking," "computer network," "computer program," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(F) "Computer contaminant" means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section:
(1) A group of computer programs commonly known as "viruses" and "worms" that are self-replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(2) A group of computer programs commonly known as "Trojans" or "Trojan horses" that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(3) A group of computer programs commonly known as "zombies" that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as "Denial of Service" or "Distributed Denial of Service" attacks;
(4) A group of computer programs commonly known as "trap doors," "back doors," or "root kits" that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.
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(G) "Internet" has the same meaning as in section 341.42 of the Revised Code.
Effective Date: 03-19-2003; 09-23-2004
2909.02 Aggravated arson.
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Create a substantial risk of serious physical harm to any person other than the offender;
(2) Cause physical harm to any occupied structure;
(3) Create, through the offer or acceptance of an agreement for hire or other consideration, a substantial risk of physical harm to any occupied structure.
(B)(1) Whoever violates this section is guilty of aggravated arson.
(2) A violation of division (A)(1) or (3) of this section is a felony of the first degree.
(3) A violation of division (A)(2) of this section is a felony of the second degree.
Effective Date: 07-01-1996
2909.03 Arson.
(A) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person's consent;
(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person's consent or to any property of the offender or another with purpose to defraud;
(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or
a political subdivision without the consent of the other person, the state, or the political subdivision;
(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
(B) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure;
(2) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure;
(3) Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut- over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.
(C)(1) It is an affirmative defense to a charge under division (B) (1) or (2) of this section that the defendant acted with the consent of the other person.
(2) It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
(D)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) or (B) (1) of this section is one of the following:
(a) Except as otherwise provided in division (D)(2)(b) of this section, a misdemeanor of the first degree;
(b) If the value of the property or the amount of the physical harm involved is one thousand dollars or more, a felony of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) or (B) (3) of this section is a felony of the fourth degree.
(4) A violation of division (A)(4) or (B) (2) of this section is a felony of the third degree.
Amended by 131st General Assembly File No. TBD, HB 185, §1, eff. 3/21/2017.
Amended by 129th General Assembly File No.29, HB 86, §1, eff. 9/30/2011.
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Please note: The information contained in Appendix D is not intended to imply or require
that a hotel have any particular equipment. Not all of the following will apply to every hotel.
Appendix D
NFPA Testing Frequencies
Summary of Sprinkler System Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Gauges (dry, preaction and deluge systems) Weekly/quarterly
Control valves Weekly/monthly
Waterflow devices Quarterly
Valve supervisory devices Quarterly
Supervisory signal devices (except valve supervisory switches)
Quarterly
Gauges (wet pipe systems) Quarterly
Hydraulic nameplate Quarterly
Buildings Annually (prior to freezing weather)
Hanger/seismic bracing Annually
Pipe and fittings Annually
Sprinklers Annually
Spare sprinklers Annually
Information signs Annually
Fire department connections Quarterly
Obstruction, internal inspection of Piping 5 years
Test
Waterflow devices Quarterly/semiannually
Valves supervisory devices Semiannually
Supervisory signal devices (except valve supervisory switches)
Semiannually
Main drain Semiannually
Antifreeze solution Annually
Gauges 5 years
Sprinklers-extra-high temperature 5 years
Sprinklers-fast response At 20 years and every 10 years thereafter
Sprinklers At 50 years and every 10 years thereafter
Sprinklers (dry) At 10 years and every 10 years thereafter
Sprinklers (in harsh environments) 5 years
Maintenance
Valves (all types) Annually or as needed
Obstruction investigation 5 years or as needed
Low-point drains (dry pipe system) Annually prior to freezing and as needed
Investigation
Obstruction As needed
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Summary of Standpipe and Hose Systems Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Control valves Weekly/monthly
Pressure regulating devices Annually
Piping Annually
Hose connections Annually
Cabinet Annually
Gauges Weekly / Quarterly
Hose Annually
Hose storage device Annually
Hose nozzle Annually and after each use
Hydraulic design information sign Annually
Test
Waterflow devices Quarterly/semiannually
Valve supervisory devices Semiannually
Supervisory signal devices (except valve supervisory switches)
Semiannually
Hose storage device Annually
Hose 5 years/3 years
Pressure control valve Annually
Pressure relief valve Annually
Hydrostatic test 5 years
Flow test 5 years
Main drain test Annually / Quarterly
Maintenance
Hose connections Annually
Valves (all types) Annually/as needed
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Summary of Private Fire Service Main Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Hose houses Quarterly
Hydrants (dry barrel and wall) Annually and after each operation
Monitor nozzles Semiannually
Hydrants (wet barrel) Annually and after each operation
Mainline strainers Annually and after each significant flow
Piping (exposed) Annually
Piping (underground) See NFPA 25 Section 7.2.2.2
Test
Monitor nozzles Flow, annually (range and operation)
Hydrants Flow, annually
Piping (exposed and underground) (flow test) 5 years
Maintenance
Mainline strainers Annually and after each operation
Hose houses Annually
Hydrants Annually
Monitor nozzles Annually
Summary of Fire Pump Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Pump house, heating ventilating louvers Weekly
Fire pump system Weekly
Test
Pump operation
No-flow condition
(a) Diesel engine-driven fire pump Weekly
(b) Electric engine-driven fire pump See NFPA 25 Section 8.3.1.2
Flow condition Annually
Fire Pump Alarm Signals Annually
Maintenance
Hydraulic Annually
Mechanical transmission Annually
Electrical system Varies
Controller, various components Varies
Motor Annually
Diesel engine system, various components Varies
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Summary of Water Storage Tank Inspection, Testing and Maintenance (NFPA 25-2014 edition)
Item Frequency
Inspection
Water temperature Daily/weekly*
Heating system Daily/weekly*
Control valves Weekly/monthly
Water-level Monthly/quarterly
Air pressure Monthly/quarterly
Tank-exterior Quarterly
Support structure Quarterly
Catwalks and ladders Quarterly
Surrounding area Quarterly
Hoops and grillage Annually
Painted/coated surfaces Annually
Expansion joints Annually
Interior 5 years/3 years
Check valves 5 years
Test
Heating System Prior to heating season
Temperature alarms Monthly*
High temperature limit switches Monthly*
Water level alarms Semiannually
Level indicators 5 years
Pressure gauges 5 years
Maintenance
Water level As needed
Control valves Annually
Embankment-supported coated fabric (ESCF) See NFPA 25 Section 9.4.6
Check valves As needed
*Cold weather/heating season only.
Summary of Automatic Tank Fill Valve Inspection and Testing (NFPA 25-2014 Edition)
Item Frequency
Inspection
Strainers, filters, orifices (inspect/clean) 5 years
Enclosure (during cold weather) Daily/weekly
Exterior Monthly
Interior Annually/5 years
Test
Automatic tank fill valve Annually
55
Summary of Water Spray Fixed System Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Backflow preventer See NFPA 25 Chapter 13
Check valves See NFPA 25 Chapter 13
Control valves Weekly (sealed)
Deluge valve See NFPA 25 Section 10.2.2 and Chapter 13
Detection systems See NFPA 72
Detector check valves See NFPA 25 Chapter 13
Drainage Quarterly
Electric motor See NFPA 25 Section 10.2.9 and Chapter 8
Engine drive See NFPA 25 Section 10.2.9 and Chapter 8
Fire pump See NFPA 25 Section 10.2.9 and Chapter 8
Fittings Quarterly
Fittings (rubber-gasketed) Quarterly
Gravity tanks See NFPA 25 Section 10.2.10 and Chapter 9
Hangers Annually and after each system activation
Heat (deluge valve house) Daily/weekly
Nozzles Annually and after each system activation
Pipe Annually and after each system activation
Pressure tank See NFPA 25 Section 10.2.10 and Chapter 9
Steam driver See NFPA 25 Section 10.2.9 and Chapter 8
Strainers Mfg. instruction
Suction tanks See NFPA 25 Section 10.2.10 and Chapter 9
Supports Quarterly
Water supply piping See NFPA 25 Section 10.2.6.1 and 10.2.6.2
UHSWSS-detectors Monthly
UHSWSS-controllers Each shift
UHSWSS-valves Each shift
Operational Test
Backflow preventer See NFPA 25 Chapter 13
Check valves See NFPA 25 Chapter 13
Control valves Annually
Deluge valve See NFPA 25 Section 10.2.2 and Chapter 13
Detection Systems See NFPA 72
Detector check valve See NFPA 25 Chapter 13
Electric motor See NFPA 25 Section 10.2.9 and Chapter 8
Engine drive See NFPA 25 Section 10.2.9 and Chapter 8
Fire pump See NFPA 25 Section 10.2.9 and Chapter 8
Flushing Annually
Gravity tanks See NFPA 10 Section 10.2.10 and Chapter 9
Main drain test Annually
Manual release Annually
Nozzles Annually
Pressure tank See NFPA 25 Section 10.2 and Chapter 9
Steam driver See NFPA 25 Section 10.2.9 and Chapter 8
Strainers Annually
Suction tanks See NFPA 25 Section 10.2.10 and Chapter 9
Water-flow alarm Quarterly
Water spray system test Annually
Water supply flow test See NFPA 25 Section 7.3.2
56
Item Frequency
UHSWSS Annually
Maintenance
Backflow preventer See NFPA 25 Chapter 13
Check valves See NFPA 25 Chapter 13
Control valves Annually
Deluge valve See NFPA 25 Section 10.2.2 and Chapter 13
Detection systems See NFPA 72
Detector check valve See NFPA 25 Chapter 13
Electric motor See NFPA 25 Section 10.2.9 and Chapter 8
Engine drive See NFPA 25 Section 10.2.9 and Chapter 8
Fire pump See NFPA 25 Section 10.2.9 and Chapter 8
Gravity tanks See NFPA 25 Section 10.2.10 and Chapter 9
Pressure tank See NFPA Section 10.2.6 and Chapter 9
Steam driver See NFPA Section 10.2.9 and Chapter 9
Strainers Annually
Strainers (baskets/screen) 5 years
Suction tanks See NFPA 25 Section 10.2.10 and Chapter 9
Water spray system Annually
57
Summary of Foam-Water Sprinkler System Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Discharge device location (sprinkler) Annually
Discharge device location (spray nozzle) Monthly
Discharge device position (sprinkler) Annually
Discharge device position (spray nozzle) Monthly
Foam concentrate strainer(s) Quarterly
Drainage in system area Quarterly
Proportioning system(s)-all Monthly
Pipe corrosion Annually
Pipe damage Annually
Hangers/supports Annually
Waterflow devices Quarterly
Water supply tank(s) See NFPA 25 Chapter 9
Fire pump(s) See NFPA 25 Chapter 8
Water supply piping See NFPA 25 Section 11.2.6.1
Control valve(s) Weekly/monthly
Deluge/preaction valve(s) See NFPA 25 Section 11.2.1 and Chapter 13
Detection system See NFPA 72
Test
Discharge device location Annually
Discharge device position Annually
Discharge device obstruction Annually
Foam concentrate strainer(s) Annually
Proportioning system(s)-all Annually
Complete foam-water system(s) Annually
Foam-water solution Annually
Manual actuation device(s) Annually
Backflow preventer(s) Annually
Fire pump(s) See NFPA 25 Chapter 8
Waterflow devices Quarterly/semiannually
Water supply piping Annually
Control valve(s) See NFPA 25 Chapter 13
Strainer(s)-mainline See NFPA 25 Chapter 10
Deluge/preaction valve(s) See NFPA 25 Chapter 13
Detection system See NFPA 72
Backflow preventer(s) See NFPA 25 Chapter 13
Water supply tank(s) See NFPA 25 Chapter 9
Water supply flow test See NFPA 25 Chapter 4
Maintenance
Foam concentrate pump operation Monthly
Foam concentrate strainer(s) Quarterly
Foam concentrate samples Annually
Proportioning system(s) standard pressure type
Ball drip (automatic type) drain valves 5 years
Foam concentrate tank-drain and flush 10 years
Corrosion and hydrostatic test 10 years
Bladder tank type
Sight glass 10 years
58
Item Frequency
Foam concentrate tank-hydrostatic test 10 years
Line type
Foam concentrate tank-corrosion and pickup pies
10 years
Foam concentrate tank-drain and flush 10 years
Standard balanced pressure type
Foam concentrate pump(s) 5 years (See Note)
Balancing valve diaphragm 5 years
Foam concentrate tank 10 years
In-line balanced pressure type
Foam concentrate pump(s) 5 years (See Note)
Balancing valve diaphragm 5 years
Foam concentrate tank 10 years
Pressure vacuum vents 5 years
Water supply tank(s) See NFPA 25 Chapter 9
Fire pump(s) See NFPA 25 Chapter 8
Water supply Annually
Backflow preventer(s) See NFPA 25 Chapter 13
Detector check valve(s) See NFPA 25 Chapter 13
Check valve(s) See NFPA 25 Chapter 13
Control valve(s) See NFPA 25 Chapter 13
Deluge/preaction valves See NFPA 25 Chapter 13
Strainer(s)-mainline See NFPA 25 Chapter 10
Detection system See NFPA 72
Note: Also refer to manufacturer’s instructions and frequency. Maintenance intervals other than preventative maintenance are not provided, as they depend on the results of the visual inspections and operational tests. For foam-water systems in aircraft hangars, refer to the inspection, test and maintenance requirements of NFPA 409, Standard for Aircraft Hangars, Table 11.1.1.
59
Maintenance of Water Mist Systems (NFPA 25-2014 Edition)
Item Task Weekly Monthly Quarterly Semi-
Annually Annually Other
Water supply (general)
Check source pressure X
Check source quality (*first year) X* X
Test source pressure, flow, quantity, duration
X
Water storage tanks
Check water level (unsupervised) X
Check water level (supervised) X
Check sight glass valves are open X
Check tank gauges, pressure X
Check all valves, appurtenances X
Drain tank, inspect interior and refill X
Inspect tank condition (corrosion) X
Check water quality X
Check water temperature
Extreme weather
Water storage cylinder (high
pressure)
Check water level (load cells) X
Check water level (unsupervised) X
Check support frame/restraints X
Check vent plugs at refilling X
Check cylinder pressure on discharge X
Inspect filters on refill connection X
Additive storage cylinders
Inspect general condition, corrosion X
Check quantity of additive agent X
Test quality of additive agent X
Test additive injection, full discharge test X
Water recirculation tank
Check water level (unsupervised) X
Check water level (supervised) X
Inspect supports, attachments X
Test low water level alarm X
Check water quality, drain, flush and refill X
Test operation of float operated valve X
Test pressure at outlet during discharge X
Test backflow prevention device (if present) X
60
Item Task Weekly Monthly Quarterly Semi-
Annually Annually Other
Water recirculation tank (cont)
Inspect and clean filters, strainers, cyclone separator
X
Compressed gas cylinders
Inspect support frame and cylinder restraints X
Check cylinder pressure (unsupervised) X
Check cylinder pressure (supervised) X
Check cylinder control valve is open X
Check cylinder capacity and pressure rating X
Check cylinder compliance specification X
Confirm compressed gas meets specifications (moisture, cylinder pressure)
X
Hydrostatic test cylinders
5-12 years
Plant air, compressors and
receivers
Check air pressure (unsupervised) X
Check air pressure (supervised) X
Start compressor X
Check compressor/receiver capacity, changes
X
Check compressed air moisture content X
Clean filters, moisture traps X
Test full capacity, duration and any changes in other demands
X
Pumps and drivers
Inspection, testing and maintenance shall be in accordance with the requirements of NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection, and NFPA 25.
X X X X
X
Standby pump
Inspect moisture trap, oil injection (pneumatic)
X
Check compressed gas supply, inlet air pressure
X
Check outlet water (standby) pressure X
Test start/stop pressure setting for standby pressure
X
Pneumatic valves
Check cylinder valves, master release valves
X
Inspect all tubing associated with release valves
X
61
Item Task Weekly Monthly Quarterly Semi-
Annually Annually Other
Pneumatic valves (cont)
Test solenoid release of master release valve
X
Test manual release of master release valve X
Test operation of slave valves X
Reset all pneumatic cylinder release valves X
Test on-off cycling of valves intended to cycle
X
System control valves
Inspection, testing and maintenance shall be in accordance with the requirements of NFPA 25
X X X X X
Control equipment Inspection, testing and maintenance shall be in accordance with the requirements of NFPA 72, National Fire Alarm Code
Water mist system piping and nozzles
Inspection, testing and maintenance shall be in accordance with NFPA 25. Inspect sample of nozzle screens and strainers
X X X X X After
discharge
Enclosure features, interlocks
Inspect enclosure integrity X
Ventilation
Test interlocked systems (e.g., ventilation shutdown)
X
Test shutdown of fuel/lubrication systems X
62
Summary of Valves, Valve Components and Trim Inspection, Testing and Maintenance (NFPA 25-2014 Edition)
Item Frequency
Inspection
Control Valves
Sealed Weekly
Locked or electronically supervised Monthly
Valve supervisory signal initiating devices Quarterly
Alarm Valves
Exterior Monthly
Interior 5 years
Strainers, filters, orifices 5 years
Check Valves
Interior 5 years
Preaction/Deluge Valves
Enclosure (during cold weather) Daily/weekly
Exterior Monthly
Interior Annually/5 years
Strainers, filters, orifices 5 years
Dry Pipe Valves/Quick-Opening Devices
Gauges Weekly/monthly
Enclosure (during cold weather) Daily/weekly
Exterior Monthly
Interior Annually
Strainers, filters, orifices 5 years
Pressure Reducing and Relief Valves
Sprinkler systems Quarterly
Hose connections Annually
Hose racks Annually
Fire pumps
Casing relief valves Weekly
Pressure relief valves Weekly
Backflow Prevention Assemblies
Reduced pressure Weekly/monthly
Reduced pressure detectors Weekly/monthly
Fire Department Connections Quarterly
Test
Main Drains Annually/quarterly
Gauges 5 years
Waterflow Alarms Quarterly/semiannually
Control Valves
Position Annually
Operation Annually
Supervisory Semiannually
Preaction/Deluge Valves
Priming water Quarterly
Low air pressure alarms Quarterly/annually
Full flow Annually
Air Leakage 3 years
Dry Pipe Valves/Quick-Opening Devices
Air Leakage 3 years
Priming water Quarterly
63
Item Frequency
Low air pressure alarm Quarterly
Quick-opening devices Quarterly
Trip test Annually
Full flow trip test 3 years
Pressure Reducing and Relief Valves
Sprinkler systems 5 years
Circulation relief Annually
Pressure relief valves Annually
Hose connections 5 years
Hose racks 5 years
Backflow Prevention Assemblies Annually
Maintenance
Control Valves Annually
Preaction/Deluge Valves Annually
Dry Pipe Valves/Quick-Opening Devices Annually
64
Visual Inspection Frequencies (NFPA 72-2016 Edition)
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
1. Control equipment: fire alarm systems monitored for alarm, supervisory and trouble signals
(a) Fuses X X (b) Interfaced equipment X X (c) Lamps and LEDs X X (d) Primary (main) power supply X X
(e) Trouble signals X X
2. Control equipment: fire alarm systems unmonitored for alarm, supervisory and trouble signals
(a) Fuses X (weekly) (b) Interfaced equipment X (weekly) (c) Lamps and LEDs X (weekly) (d) Primary (main) power supply X (weekly)
(e) Trouble signals X (weekly)
3. Batteries (a) Lead-acid X X (b) Nickel-cadmium X X (c) Primary (dry cell) X X (d) Sealed lead-acid X X
4. Transient suppressors X X
5. Fiber-optic cable connections X X
6. In-building fire emergency voice/alarm communications equipment
X X
7. Remote annunciators X X
8. Initiating devices (a) Air sampling X X (b) Duct detectors X X (c) Electromechanical releasing devices X X (d) Fire extinguishing system(s) or
suppression system(s) switches X X
(e) Manual fire alarm boxes X X (f) Heat detectors X X
65
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
8. Initiating devices (cont.) (g) Radiant energy fire detectors X X (h) Smoke detectors (excluding one- and
two-family dwellings) X X
(i) Supervisory signal devices X X (j) Waterflow devices X X (k) Projected Beam Smoke Detector X X
9. Guard’s tour equipment X X
10. Combination systems (a) Fire extinguisher electronic monitoring
device/systems X X
(b) Carbon monoxide detectors/systems X X
11. Interface equipment X X
12. Alarm notification appliances-supervised X X
13. Exit marking audible notification appliances X X
14. Supervising station alarm systems-transmitters (a) DACT X X (b) DART X X (c) McCulloh X X (d) RAT X X (e) All other types X
15. Special procedures X X
16. Supervising station alarm systems-receivers*
(a) Signal Receipt X (daily)
(b) Receivers X X
17. Public emergency alarm reporting system transmission equipment
(a) Publicly accessible alarm box X X (b) Auxiliary box X X (c) Master box
(1) Manual operation X X (2) Auxiliary operation X X
18. Mass notification system, supervised (a) Control equipment
(1) Fuses X X (2) Interfaces X X (3) Lamps/LED X X (4) Primary (main) power supply X X
66
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
18. Mass notification system, supervised (cont.) (b) Secondary power batteries
(1) Lead-acid X X (2) Nickel-cadmium X X (3) Primary (dry-cell) X X (4) Sealed lead-acid X X
(c) Initiating devices X X (d) Notification appliances X X
19. Mass notification system, non-supervised systems installed prior to adoption of this edition
(a) Control equipment (1) Fuses X X (2) Interfaces X X (3) Lamps/LED X X (4) Primary (main) power supply X X
(b) Secondary power batteries (1) Lead-acid X X (2) Nickel-cadmium X X (3) Primary (dry cell) X X (4) Sealed lead-acid X X
(c) Initiating devices X X (d) Notification appliances X X
20. Mass notification system-Antenna X X
21. Mass notification system-Transceivers X X
67
Testing Frequencies (NFPA 72-2016 Edition)
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
1. Control equipment and transponder (a) Functions X X (b) Fuses X X (c) Interfaced equipment X X (d) Lamps and LEDs X X (e) Primary (main) power supply X X
2. Engine-driven generator-central station facilities and fire alarm systems
X X
3. Battery tests (a) Lead-acid type
(1) Charger test (Replace battery as needed)
X X
(2) Discharge test X X (3) Load voltage test X X (4) Specific gravity X X
(b) Nickel-cadmium type (1) Charger test (Replace battery as needed)
X X
(2) Discharge test X X (3) Load voltage test X X
(c) Sealed lead-acid type (1) Charger test X X (2) Discharge test (30 minutes) X X (3) Load voltage test X X
(d) Wired system-voltage tests X (daily)
4. Fiber-optic cable power X X
5. Control unit trouble signals X X
6. Conductors-metallic X X
7. Conductors-nonmetallic X X
8. In-building fire emergency voice/alarm communications equipment
X X
9. Retransmission equipment (The requirements of NFPA 72 Section 14.4.10 shall apply)
X
10. Remote annunciators X X
68
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
11. Initiating devices* (a) Duct detectors X X (b) Electromechanical releasing device X X (c) Fire extinguishing system(s) or
suppression system(s) switches X X
(d) Fire-gas and other detectors X X (e) Heat detectors (The requirements of
NFPA 72 Section 14.4.4.5 shall apply) X X
(f) Manual fire alarm boxes X X (g) Radiant energy fire detectors X X (h) System smoke detectors-functional test X X (i) Smoke detectors-sensitivity testing in
other than one- and two-family dwellings (The requirements of NFPA 72 Section 14.4.4.3 shall also apply)
(j) Single- and multiple-station smoke alarms (The requirements for monthly testing in accordance with NFPA 72 Section 14.4.6 shall also apply)
X X
(k) Single- and multiple-station heat alarms X X (l) Supervisory signal devices X X
(1) Valve supervisory switches X X (2) Pressure supervisory indicating
devices X X
(3) Water level supervisory indicating devices
X X
(4) Water temperature supervisory indicating devices
X X
(5) Room temperature supervisory indicating devices
X X
(m) Waterflow devices X X
12. Guard’s tour equipment X X
13. Combination systems (a) Fire extinguisher electronic monitoring
device/systems X X
(b) Carbon monoxide detectors/systems X X
14. Interface equipment and emergency control functions (See NFPA 72 Section 14.4.4.4)
X X
15. Special hazard equipment X X
69
Component Initial/Reacceptance Monthly Quarterly Semi-Annually Annually
16. Alarm notification appliances (a) Audible devices X X (b) Audible textual notification appliances X X (c) Visible devices X X
17. Exit marking notification appliances X X
18. Supervising station alarm systems-transmitters X X
19. Special procedures X X
20. Supervising station alarm systems-receivers (a) DACR X X (b) DARR X X (c) McCulloh systems X X (d) Two-way RF multiplex X X (e) RASSR X X (f) RARSR X X (g) Private microwave X X
21. Public emergency alarm reporting system transmission equipment
(a) Publicly accessible alarm box X X (b) Auxiliary box X X (c) Master box
(1) Manual operation X X (2) Auxiliary operation X X
22. Mass notification system (a) Control unit functions and no diagnostic
failures are indicated X X
(b) Audible/visible functional test X X (c) Secondary power X X (d) Verify content of prerecorded messages X X (e) Verify activation of correct prerecorded
messages X X
(f) Verify activation of correct prerecorded message based on a targeted area
X X
(g) Verify control unit security mechanism is functional
X X
70
Emergency Power Standby System (EPSS) Maintenance Schedule (NFPA 110-2016 Edition)
Procedure Frequency X-Action
R-Replace, if needed W-Weekly M-Monthly Q-Quarterly
S-Semiannually A-Annually Nos. indicate hours
Component (as applicable) Visual Inspection
Check Change Clean Test Level 1 Level 2
1. Fuel
(a) Main supply tank level X W M
(b) Day tank level X X W M
(c) Day tank float switch X X W Q
(d) Supply or transfer pump operation
X X W Q
(e) Solenoid valve operation X X W Q
(f) Strainer, filter, dirt leg, or combination
X Q Q
(g) Water in system X X W Q
(h) Flexible hose and connectors X R W M
(i) Tank vents and overflow piping unobstructed
X X A A
(j) Piping X A A
(k) Gasoline in main tank (when used)
R A A
2. Lubrication System
(a) Oil level X X W M
(b) Oil change R 50 or A 50 or A
(c) Oil filter(s) R 50 or A 50 or A
(d) Lube oil heater X W M
(e) Crankcase breather X R X Q S
3. Cooling System
(a) Level X X W M
(b) Antifreeze protection level X S A
(c) Antifreeze R A A
(d) Adequate cooling water to heat exchanger
X W M
(e) Rod out heat exchanger X A A
(f) Adequate fresh air through radiator
X W M
(g) Clean exterior of radiator X A A
(h) Fan and alternator belt X X M Q
(i) Water pump(s) X W Q
(j) Condition of flexible hoses and connection
X X W M
(k) Jacket water heater X W M
(l) Inspect duct work, clean louvers
X X X A A
(m) Louver motors and controls X X X A A
4. Exhaust System
(a) Leakage X X W M
71
Procedure Frequency X-Action
R-Replace, if needed W-Weekly M-Monthly Q-Quarterly
S-Semiannually A-Annually Nos. indicate hours
Component (as applicable) Visual Inspection
Check Change Clean Test Level 1 Level 2
4. Exhaust System (cont.)
(b) Drain condensate trap X W M
(c) Insulation and fire hazards X Q Q
(d) Excessive backpressure X A A
(e) Exhaust system hangers and supports
X A A
(f) Flexible exhaust section X S S
5. Battery System
(a) Electrolyte level X W M
(b) Terminals clean and tight X X Q Q
(c) Remove corrosion, case exterior clean and dry
X X M M
(d) Specific gravity or state of charge
X M M
(e) Charger and charge rate X M M
(f) Equalize charge X M M
6. Electrical System
(a) General inspection X W M
(b) Tighten control and power wiring connections
X A A
(c) Wire chafing where subject to movement
X X Q S
(d) Operation of safeties and alarms
X X S S
(e) Boxes, panels, and cabinets X S S
(f) Circuit breakers, fuses Note: Do not break manufacturer’s seals or perform internal inspection on these devices
X X R X X M A
(g) Transfer switch main contacts X X A A
(h) Calibration of voltage-sensing relays/devices
X X A A
(i) Wire insulation breakdown X 5/500a 3/500b
7. Prime Mover
(a) General inspection X W M
(b) Service air cleaner R X S S
(c) Governor oil level and linkage X X M M
(d) Governor oil R A A
(e) Ignition system-plugs, points, coil, cap, rotor, secondary wire insulation
X X R X X A A
(f) Choke setting and carburetor adjustment
X S S
72
Procedure Frequency X-Action
R-Replace, if needed W-Weekly M-Monthly Q-Quarterly
S-Semiannually A-Annually Nos. indicate hours
Component (as applicable) Visual Inspection
Check Change Clean Test Level 1 Level 2
7. Prime Mover (cont.)
(g) Injector pump and injectors for flow rate pressure and/or spray pattern
X A A
(h) EPS at minimum of 30% nameplate rating
X 3/4c 3/4c
(i) Valve clearance X 3/500b 3/500b
(j) Torque bolts X 3/500b 3/500b
8. Generator
(a) Brush length, appearance, free to move in holder
X X X S S
(b) Commutator and slip rings X X A A
(c) Rotor and stator X X A A
(d) Bearing(s) X R A A
(e) Bearing grease X R A A
(f) Exciter X X X A A
(g) Voltage regulator X X X A A
(h) Measure and record resistance readings of windings with insulation tester (Megger)
X A A
9.
(a) General condition of EPSS, any unusual condition of vibration, leakage, noise, temperature, or deterioration
X X W M
(b) Service room or housing housekeeping
X X W M
10. Restore system to automatic operation condition
X W M
a Every 5 years or 500 hours b Every 3 years or 500 hours c Every 3 years for 4 hours
73
Please note: The information contained in Appendix E is not intended to imply or require
that a hotel have any particular equipment. Not all of the following will apply to every hotel.
Appendix E
Forms
Emergency Power Standby System (EPSS) Maintenance Log
Performed by
Component
Service Frequency
Date
Level 1
Level 2
Fill in Appropriate Readings
1. Fuel
(a) Main supply tank level W M
(b) Day tank level W M
(c) Day tank float switch W Q
(d) Supply or transfer pump operation
W Q
(e) Solenoid valve operation W Q
(f) Strainer, filter, dirt leg, or combination
Q Q
(g) Water in system W Q
(h) Flexible hose and connectors A A
(i) Tank vents and overflow piping unobstructed
A A
(j) Piping A A
(k) Gasoline in main tank (when used)
A A
2. Lubrication System
(a) Oil level W M
(b) Oil change 50 or A 50 or A
(c) Oil filter(s) 50 or A 50 or A
(d) Lube oil heater W M
(e) Crankcase breather Q S
3. Cooling System
(a) Level W M
(b) Antifreeze protection level S A
(c) Antifreeze A A
(d) Adequate cooling water to heat exchanger
W M
(e) Rod out heat exchanger A A
(f) Adequate fresh air through radiator
W M
(g) Clean exterior of radiator A A
(h) Fan and alternator belt M Q
(i) Water pump(s) W Q
Frequency W-Weekly S-Semiannually M-Monthly A-Annually Q-Quarterly Nos. indicate hours
74
(j) Condition of flexible hoses and connection
W M
(k) Jacket water heater W M
(l) Inspect duct work, clean louvers A A
(m) Louver motors and controls A A
4. Exhaust System
(a) Leakage W M
(b) Drain condensate trap W M
(c) Insulation and fire hazards Q Q
(d) Excessive backpressure A A
(e) Exhaust system hangers and supports
A A
(f) Flexible exhaust section S S
5. Battery System
(a) Electrolyte level W M
(b) Terminals clean and tight Q Q
(c) Remove corrosion, case exterior clean and dry
M M
(d) Specific gravity or state of charge
M M
(e) Charger and charge rate M M
(f) Equalize charge M M
6. Electrical System
(a) General inspection W M
(b) Tighten control and power wiring connections
A A
(c) Wire chafing where subject to movement
Q S
(d) Operation of safeties and alarms S S
(e) Boxes, panels and cabinets S S
(f) Circuit breakers, fuses Note: Do not break manufacturer’s seals or perform internal inspection on these devices
2 or M 2 or A
(g) Transfer switch main contacts A A
(h) Calibration of voltage-sensing relays/devices
5 or A 5 or A
(i) Wire insulation breakdown 5/500a 3/500b
7. Prime Mover
(a) General inspection W M
(b) Service air cleaner S S
(c) Governor oil level and linkage M M
(d) Governor oil A A
(e) Ignition system-plugs, points, coil, cap, rotor, secondary wire insulation
A A
(f) Choke setting and carburetor adjustment
S S
(g) Injector pump and injectors for flow rate pressure and/or spray pattern
A A
(h) EPS at minimum of 30% nameplate rating
3/4c 3/4c
(i) Valve clearance 3/500b 3/500b
75
(j) Torque bolts 3/500b 3/500b
8. Generator
(a) Brush length, appearance, free to move in holder
W M
(b) Commutator and slip rings S S
(c) Rotor and stator A A
(d) Bearing(s) A A
(e) Bearing grease A A
(f) Exciter A A
(g) Voltage regulator A A
(h) Measure and record resistance readings of windings with insulation tester (Megger)
A A
9.
(a) General condition of EPSS, any unusual condition of vibration, leakage, noise, temperature or deterioration
W M
(b) Service room or housing housekeeping
W M
10. Restore system to automatic operation condition
W M
a Every 5 years or 500 hours b Every 3 years or 500 hours c Every 3 years for 4 hours
76
EPSS Operation and Testing Log
Item*
Performed by
Date
Fill in Appropriate Readings
1. Maintenance schedule
2. RTM
3. Power fail
4. T/D start
5. Crank time
6. Transfer
7. (a) ac voltage
(b) Hz
(c) ac amperage
8. (a) Oil pressure
(b) dc amperage
9. (a) Oil pressure
(b) dc amperage
(c) W/A temp.
10. Restore normal
11. (a) Oil pressure
(b) dc amperage
(c) W/A temp.
(d) ac voltage
(e) Hz
(f) ac amperage
12. T/D retransfer
13. T/D stop
14. Auto mode
Comments
*See Suggested Operation and Testing Procedures for explanation of items.
