(a) A person shall not establish or maintain a home unless licensed by the Commissioner of Health.
(b) Application for a license shall be made on forms provided and in the manner prescribed by the Board of Health. The application shall be accompanied by a reasonable license fee. The Board shall establish a license fee schedule providing for fees based on the number of residents and type of license issued.
(c) Before issuing a provisional or regular license, the Commissioner and/or the Ombudsman shall investigate the activities and proposed standards of care of the applicant and shall make an on-site evaluation of the proposed home. The Commissioner shall issue or renew a license if satisfied as to all of the following:
(1) The financial stability of the facility.
(2) The applicant's compliance with this chapter and rules promulgated under this chapter.
(3) The good moral character of the applicant, owners, partners or directors of the facility, if other than an individual. Each of these persons shall be not less than eighteen years of age.
(4) The physical and emotional ability of the applicant and the person responsible for the daily operation of the facility to operate a residential home for the elderly.
(5) The good moral character of the person responsible for the daily operations of the facility. The person responsible for the daily operation of the facility shall be not less than eighteen years of age.
(6) The home has been found to be in compliance with the applicable laws and rules on fire safety, housing and zoning, as evidenced by an approval upon inspection by the Fire Prevention Bureau and a certificate of occupancy, issued by the Division of Inspection.
(d) The Board of Health shall require an applicant or a licensee to disclose the names, addresses and official positions of all persons who have an ownership interest in the home. If the home is located on or in real estate which is leased, the applicant or licensee shall disclose the name of the lessor of the real estate and any direct or indirect interest that the applicant or licensee has in the lease other than as lessee.
(e) Each license shall state the maximum number of persons to be received for personal service.
(f) A license shall be issued to a specific person for a facility at a specific location, shall be nontransferable and shall remain the property of the Toledo District Board of Health.
(g) An applicant or licensee proposing a sale of a home to another owner shall provide the Commissioner with advance notice of the proposed sale in writing. The applicant or licensee and other parties to the sale shall arrange to meet with the Commissioner or his representatives and shall obtain before the sale a determination of the items of noncompliance with applicable laws and rules which shall be corrected. The Commissioner shall notify the respective parties of the items of noncompliance before the change of ownership, shall indicate that the items of noncompliance shall be corrected as a condition of issuance of a license to the new owner and shall notify the prospective purchaser of all licensure requirements.
(Ord. 735-89. Passed 8-1-89.)