(a) An adult family home is a permitted use in one- and two-family districts provided that all of the requirements set forth in this section are met. An adult family home or an adult group home is a permitted use in multi-family districts provided that all of the requirements set forth in this section are met.
(b) The terms "adult family home", "adult group home", "adult care facility", "personal care services", "unrelated", "owner", and "manager" shall have the same meanings as provided in Ohio R.C. 3722.01. The term "adult" means an individual fifty-five years of age or older.
(c) Every person desiring to operate an adult family home or an adult group home shall apply for licensing of the facility to the Director of Health of the State of Ohio.
(d) Each individual, group or agency operating an adult family home or an adult group home, approved as provided in this section, shall inform the Building Commissioner and the Clerk of Council of the renewal, expiration, termination or revocation of any license, approval or certification issued by any county, state or Federal agency and shall inform the Building Commissioner and the Clerk of Council of any change in the identity of the individual, group or agency operating such adult family home or adult group home, of the manager of such adult family home or adult group home, of the owner of such adult family home or adult group home, and of the sponsor, if any, of such adult family home or adult group home not less than thirty days prior to such change. The Building Commissioner shall verify not less than annually that any license, approval or certification issued by any county, state or Federal agency remains in full force and effect.
(e) No caregiver, family member of a caregiver residing in the home, or any person employed by the caregiver in the home whether for compensation or otherwise shall:
(1) Have a felony criminal record.
(2) Have a communicable disease.
(3) Have been found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(4) Constitute a reasonably foreseeable danger to the community or themselves.
(5) Be addicted to a controlled substance or a drug of abuse or abuse alcohol.
(f) No person unrelated to the caregiver shall be admitted or remain as a resident of an adult family home or an adult group home if:
(1) Such person is not capable of self-administering all medication as required by Ohio R.C. 3722.011.
(2) The mental, emotional or physical condition of the person requires a level of care that the facility is unable to provide.
(3) The person has a communicable disease.
(4) The person has been found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(5) The person is addicted to a controlled substance or drug of abuse, or abuses alcohol.
(g) The following conditions shall apply to adult family homes and adult group homes in the City:
(1) Such home shall conform to and shall be maintained in accordance with all applicable City, County and State codes, including, but not limited to, health, safety and fire prevention regulations. The adult family home or adult group home shall provide not less than the minimum floor area per person as required by the Housing and Building Codes of the City.
(2) Such homes shall strictly adhere to and comply with the basic requirements, the bedroom requirements, bath and shower requirements, homemaker services, personal care and medical requirements, and the social, recreational and religious activities as set forth in the Ohio Administrative Code regardless of whether such homes receive State or County assistance and which are not otherwise in conflict with another provision of this section.
(3) In addition to the automatic sprinkler system required by Ohio R.C. 3722.041, such homes shall contain smoke detectors and fire extinguishers on each floor, to be placed as prescribed by the Chief of the Fire Prevention Bureau of the City.
(4) Signs or other means of identification as an adult family home or an adult group home shall not be permitted.
(5) Central kitchen and dining facilities shall be provided.
(6) Except as otherwise provided in this section, any adult family home or adult group home shall conform to and shall be maintained in accordance with the area, height, yard, fence, sign and off-street parking requirements and regulations of the Zoning District in which the adult family home or adult group home is located.
(7) No adult family home or adult group home shall be located within one thousand feet of any other adult family home or adult group home.
(8) Any person designated in Ohio R.C. 3722.15 may enter any adult care facility during reasonable hours.
(h) Each adult family home and adult group home shall be inspected semiannually by the Division of Building and the Fire Department of the City.
(i) Upon notice from the State of Ohio or Cuyahoga County of the proposed issuance of a license for an adult family home or an adult group home, an information application shall be filed with the Division of Building and the Clerk of Council by the individual, group or agency intending to operate the home. Such application shall include the following information:
(1) A copy of the statement of ownership submitted to the Director of Health pursuant to Ohio R.C. 3722.02;
(2) The name, address and telephone number of the manager;
(3) The name, address and telephone number of the manager's sponsoring individual, group or agency;
(4) The address of the home;
(5) The projected capacity of the home;
(6) The timing of any certificate or license renewal process and dates;
(7) The experience of the manager, of the sponsoring individual, group or agency of the manager, and of the supervisory personnel, including references;
(8) The number and type of personnel to be employed at the home;
(9) A description of the admissions policy, procedures, and committee membership to be utilized for persons desiring to reside in the home; and
(10) Any other information required by the Building Commissioner or the Fire Chief necessary to assure public health, safety and welfare or the health, safety and welfare of the residents of the home.
(j) Occupancy as an adult family home or an adult group home shall not be considered a change of use of a building which had been used for residential purposes immediately prior to its use as an adult family home or an adult group home. The owner, lessee, licensing agency or manager may not change the use permitted by this section without review and approval by the appropriate boards and commissions as otherwise required by law.
(Ord. 91-99. Passed 11-4-91.)