CHAPTER 1737
Residential Homes for the Elderly
1737.01   Definitions.
1737.02   Rules for licensing and regulating homes.
1737.03   Inspection of homes; fees; cooperation; prohibition; cease and desist order.
1737.04   Keeping and maintaining records and reports.
1737.05   License required; application; procedure.
1737.06   Temporary license.
1737.07   Provisional license.
1737.08   Regular license.
1737.09   Approval from Fire Prevention Bureau; compliance denial; appeal.
1737.10   Denial, revocation, suspension, refusal to renew, or modification of a license; grounds; notice; hearing.
1737.11   Appeals.
1737.12   Injunction.
1737.13   Conflict of law.
1737.99   Penalty.
   CROSS REFERENCES
   Residential care homes for the elderly - see P. & Z. 1167.01(a)(2B)
1737.01. Definitions.
   The following definitions shall apply in the enforcement and interpretation of this chapter.
   (a)   "Board of Health" means the City of Toledo Department of Health and Environment.
(Ord. 687-91. Passed 9-3-91.)
   (b)   "Licensee" means any person who is required to possess a license for a residential home for the elderly pursuant to this chapter.
(Ord. 735-89. Passed 8-1-89.)
   (c)   "Commissioner of Health" means the Director of Health and Environment of the City of Toledo Department of Health and Environment, or his/her authorized representatives, officers, employees and persons employed as sanitarians.
(Ord. 687-91. Passed 9-3-91.)
   (d)   "Ombudsman" means any paid staff or volunteer of the Ohio Department of Aging/Area Office on Aging or Designated Regional Long Term Care Facilities Ombudsman Program representative, provided that person has received appropriate certification from the State Long Term Care Facilities Ombudsman Program, as provided by Ohio R.C. 173.01(M) and Section 307 (a) (12) (A) of the "Older Americans Act of 1965," as amended, 42 U.S.C.
   (e)   "Administrator" means the person who manages, controls and is otherwise responsible for the twenty-four hour daily operation of a residential home for the elderly.
   (f)   "Person" means any individual, partnership, association, syndicate, company, firm, trust corporation, government corporation, department, bureau, agency or any other entity recognized by law.
   (g)   "Personal service" means services including, but not limited to, the following:
      (1)   Services associated with activities of daily living, such as reminding residents to engage in personal hygiene and other self-care activities, and, when necessary, observing or providing residents guidance while they attend to such activities to ensure their health, safety and welfare.
      (2)   Services associated with the maintenance of a medication schedule.
   Personal service does not mean personal assistance as defined in Ohio R.C. 3721.01(E).
   (h)   "Resident" means an adult whose chronological age is sixty years of age or older or whose biological age, determined by a physician, is sixty years of age or older.
   (i)   "Residential home for the elderly" means a residence or facility located in the City that provides room, board and personal services to three to sixteen residents unrelated to the administrator. (Hereinafter referred to as "home").
   A home does not include the following:
      (1)   A "home" licensed pursuant to Ohio R.C. Chapter 3721.
      (2)   A "nursing home" licensed pursuant to Ohio R.C. Chapter 3721.
      (3)   A "rest home" licensed pursuant to Ohio R.C. Chapter 3721.
      (4)   A "home for the aging" licensed pursuant to Ohio R.C. Chapter 3721.
      (5)   An "adult foster care facility" licensed pursuant to Ohio R.C. Chapter 5103.
   (j)   "Unrelated" means a person who is not related as a parent, grandparent, child, grandchild, brother, sister, niece, nephew, aunt, uncle or as the child of an aunt or uncle.
(Ord. 735-89. Passed 8-1-89.)
1737.02. Rules for licensing and regulating homes.
   The Board of Health shall adopt rules including, but not limited to, the establishment of standards for the operation of homes, procedures for the issuance, renewal, suspension and revocation of licenses, procedures for inspections, fees, number and qualifications of personnel, rules for the provision of personal service and requirements for reports, business records and records of residents.
(Ord. 735-89. Passed 8-1-89.)
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