Cincinnati, OH

Ohio Rev. Code § 174.01 Definitions.
09/30/2021 – 10/24/2024
As used in this chapter:

(A) “Financial assistance” means grants, loans, loan guarantees, an equity position in a project, or loan subsidies.

(B) “Grant” means funding the department of development or the Ohio housing finance agency provides for which the relevant agency does not require repayment.

(C) “Housing” means housing for owner-occupancy and multifamily rental housing.

(D) “Housing for owner-occupancy” means housing that is intended for occupancy by an owner as a principal residence. “Housing for owner-occupancy” may be any type of structure and may be owned in any type of ownership.

(E) “Housing trust fund” means the low- and moderate-income housing trust fund created and administered pursuant to Chapter 174. of the Revised Code.

(F) “Lending institution” means any financial institution qualified to conduct business in this state, a subsidiary corporation that is wholly owned by a financial institution qualified to conduct business in this state, and a mortgage lender whose regular business is originating, servicing, or brokering real estate loans and who is qualified to do business in this state.

(G) “Loan” means any extension of credit or other form of financing or indebtedness directly or indirectly to a borrower with the expectation that it will be repaid in accordance with the terms of the underlying loan agreement or other pertinent document. “Loan” includes financing extended to lending institutions and indebtedness purchased from lending institutions.

(H) “Loan guarantee” means any agreement in favor of a lending institution or other lender in which the credit and resources of the housing trust fund are pledged to secure the payment or collection of financing extended to a borrower for the acquisition, construction, improvement, rehabilitation or preservation of housing, or to refinance any financing previously extended for those purposes by any lender.

(I) “Loan subsidy” means any deposit of funds into a lending institution with the authorization or direction that the income or revenues the deposit earns, or could have earned at competitive rates, be applied directly or indirectly to the benefit of housing assistance or financial assistance.

(J) “Low- and moderate-income persons” means individuals and families who qualify as low- and moderate-income persons pursuant to guidelines the department establishes.

(K) “Multifamily rental housing” means multiple unit housing intended for rental occupancy.

(L) “Nonprofit organization” means a nonprofit organization in good standing and qualified to conduct business in this state including any corporation whose members are members of a metropolitan housing authority.

Ohio Rev. Code § 174.02 Low- and moderate-income housing trust fund.
09/30/2021 – 10/24/2024
(A) The low- and moderate-income housing trust fund is hereby created in the state treasury. The fund consists of all appropriations made to the fund, housing trust fund fees collected by county recorders pursuant to section 317.36 of the Revised Code and deposited into the fund pursuant to section 319.63 of the Revised Code, and all grants, gifts, loan repayments, and contributions of money made from any source to the department of development for deposit in the fund. All investment earnings of the fund shall be credited to the fund. The director of development shall allocate a portion of the money in the fund to an account of the Ohio housing finance agency. The department shall administer the fund. The Ohio housing finance agency shall use money allocated to it for implementing and administering its programs and duties under sections 174.03 and 174.05 of the Revised Code, and the department shall use the remaining money in the fund for implementing and administering its programs and duties under sections 174.03 to 174.06 of the Revised Code. Use of all money drawn from the fund is subject to the following restrictions:

(1)(a) Not more than five per cent of the current year appropriation authority for the fund shall be allocated between grants to community development corporations for the community development corporation grant program and grants and loans to the Ohio community development finance fund, a private nonprofit corporation.

(b) In any year in which the amount in the fund exceeds one hundred thousand dollars and at least that much is allocated for the uses described in this section, not less than one hundred thousand dollars shall be used to provide training, technical assistance, and capacity building assistance to nonprofit development organizations.

(2) Not more than ten per cent of any current year appropriation authority for the fund shall be used for the emergency shelter housing grants program to make grants to private, nonprofit organizations and municipal corporations, counties, and townships for emergency shelter housing for the homeless and emergency shelter facilities serving unaccompanied youth seventeen years of age and younger. The grants shall be distributed pursuant to rules the director adopts and qualify as matching funds for funds obtained pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.

(3) In any fiscal year in which the amount in the fund exceeds the amount awarded pursuant to division (A)(1)(b) of this section by at least two hundred fifty thousand dollars, at least two hundred fifty thousand dollars from the fund shall be provided to the department of aging for the resident services coordinator program as established in section 173.08 of the Revised Code.

(4) Of all current year appropriation authority for the fund, not more than five per cent shall be used for administration.

(5) Not less than forty-five per cent of the funds awarded during any one fiscal year shall be for grants and loans to nonprofit organizations under section 174.03 of the Revised Code.

(6) Not less than fifty per cent of the funds awarded during any one fiscal year, excluding the amounts awarded pursuant to divisions (A)(1), (2), and (7) of this section, shall be for grants and loans for activities that provide housing and housing assistance to families and individuals in rural areas and small cities that are not eligible to participate as a participating jurisdiction under the “HOME Investment Partnerships Act,” 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.

(7) No money in the fund shall be used to pay for any legal services other than the usual and customary legal services associated with the acquisition of housing.

(8) Money in the fund may be used as matching money for federal funds received by the state, counties, municipal corporations, and townships for the activities listed in section 174.03 of the Revised Code.

(B) If, after the second quarter of any year, it appears to the director that the full amount of the money in the fund designated in that year for activities that provide housing and housing assistance to families and individuals in rural areas and small cities under division (A) of this section will not be used for that purpose, the director may reallocate all or a portion of that amount for other housing activities. In determining whether or how to reallocate money under this division, the director may consult with and shall receive advice from the housing trust fund advisory committee.

Ohio Rev. Code § 174.05 Reporting to general assembly.
07/01/2005 – 10/24/2024
(A) Annually, the department of development shall submit a report to the president of the senate and the speaker of the house of representatives describing the activities of the department under sections 174.01 to 174.07 of the Revised Code during the previous state fiscal year.

(B) Annually, the Ohio housing finance agency shall submit a report to the president of the senate and the speaker of the house of representatives describing the activities of the agency under sections 174.02, 174.03, and 174.05 of the Revised Code during the previous state fiscal year.

Ohio Rev. Code § 174.06 Housing trust fund advisory committee.
12/19/2016 – 10/24/2024
(A) There is hereby created the housing trust fund advisory committee. The committee consists of the following seven members, appointed by the governor, with advice and consent of the Senate, who possess knowledge and experience with respect to the housing needs of low- and moderate-income persons:

(1) One member to represent lenders;

(2) One member to represent affordable housing developers;

(3) One member to represent organizations working to address the housing and other needs of homeless Ohioans;

(4) Two members to represent counties or other local government entities;

(5) One member to represent real estate brokers licensed under Chapter 4735. of the Revised Code.

(6) A county recorder.

(B)(1) Terms of office are for four years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Vacancies shall be filled in the manner prescribed for the original appointment. A member appointed to fill a vacancy occurring prior to the expiration of a term shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration of a term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(2) The governor may remove a member for misfeasance, malfeasance, or willful neglect of duty.

(C)(1) The committee shall select a chairperson from among its members. The committee shall meet at least once each calendar year and upon the call of the chair. Members of the committee serve without compensation, but shall be reimbursed for reasonable and necessary expenses incurred in the discharge of duties.

(2) The department of development shall provide the committee with a meeting place, supplies, and staff assistance as the committee requests.

(D) The committee shall assist the department and the Ohio housing finance agency in defining housing needs and priorities, recommend to the department and agency at least annually how the programs developed under section 174.02 of the Revised Code should be designed to most effectively benefit low- and moderate-income persons, consider an allocation of funds for projects of fifteen units or less, and advise the director of development on whether and how to reallocate money in the low- and moderate-income housing trust fund under division (B) of section 174.02 of the Revised Code.

Ohio Rev. Code § 319.63 Payment to treasurer of housing trust fund fees.
10/17/2019 – 10/24/2024
(A) During the first thirty days of each calendar quarter, the county auditor shall pay to the treasurer of state all amounts that the county recorder collected as housing trust fund fees pursuant to section 317.36 of the Revised Code during the previous calendar quarter. If payment is made to the treasurer of state within the first thirty days of the quarter, the county auditor may retain an administrative fee of one per cent of the amount of the trust fund fees collected during the previous calendar quarter.

(B) The treasurer of state shall deposit the housing trust fund fees received each year pursuant to this section into the low- and moderate-income housing trust fund created under section 174.02 of the Revised Code.

(C) The county auditor shall deposit the administrative fee that the auditor is permitted to retain pursuant to division (A) of this section into the county general fund for the county recorder to use in administering the trust fund fee.

Ohio Admin. Code 122:6-1-05 Fund monitoring procedures.
09/02/2016 – 10/24/2024
(A) Each eligible applicant receiving funds from the housing trust fund shall report periodically on program and fiscal activities in the manner prescribed by the administering body.

(B) Prior to close-out of a grant, loan, loan guarantee or loan subsidy funded with housing trust fund monies, the administering body shall conduct a monitoring visit to assure that all provisions of the grant, loan, loan guarantee or loan subsidy have been met and to ensure compliance with division (H) of section 4112.02 of the Revised Code and nondiscrimination against families with children.

(C) The administering body shall determine and make public median income limits for low- and moderate income persons in each county, based on income available for housing, family size, the cost and condition of available housing, ability to pay the amounts the private market charges for decent, safe, and sanitary housing without federal subsidy or state assistance, and the income eligibility standards of federal programs.

(D) The administering body shall establish a reporting system to assure that division (D)(1) of section 174.03 of the Revised Code long-term affordability requirements are met.

(E) The administering body shall annually solicit public comment on the activities, programs, policies and administration of the housing trust fund.

(F) The administering body shall submit a report to, and be available to meet with, the housing trust fund advisory committee at least annually regarding the status of housing projects and housing programs funded with housing trust fund monies.

(G) ODSA will obtain controlling board approval prior to making any housing trust fund grant, loan, loan guarantee or loan subsidy greater than fifty thousand dollars.

Cincinnati, OH Ordinance No. 364-2018.
12/12/2018 – 10/24/2024

[…]

City of Cincinnati

An Ordinance No. 364-2018

ESTABLISHING new special revenue fund, Fund 439, “Affordable Housing Trust Fund,” for the purpose of receiving and disbursing funds to preserve and develop affordable housing and prevent homelessness in the City of Cincinnati and to fund any of the City of Cincinnati’s administrative costs associated therewith.

WHEREAS, City Council finds that there is an existing shortage of affordable housing units in the City of Cincinnati; and

WHEREAS, City Council may later identify revenue sources to be deposited into Fund 439; and

WHEREAS, City Council desires to establish an affordable housing trust fund to preserve and develop affordable housing and prevent homelessness in the City of Cincinnati and to fund any of the City of Cincinnati’s administrative costs associated therewith; now, therefore,

BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:

Section 1. That the Director of Finance is hereby authorized to establish a new special revenue fund, Fund 439, “Affordable Housing Trust Fund,” (the “Affordable Housing Trust Fund”) for the purpose of receiving and disbursing funds to preserve and develop affordable housing and prevent homelessness in the City of Cincinnati and any of the City of Cincinnati’s administrative costs associated therewith. All individuals or entities receiving funds from the Affordable Housing Trust Fund must use such funds to benefit households with a household income below 61% of the Area Median Income and, if applicable, have rental policies with no categorical discrimination, included but not limited to race, color, sex, nationality, religion, marital status, sexual orientation, familial composition, economic class, criminal background, homelessness or ability. Half of all such funds in the Affordable Housing Trust Fund must benefit households with a household income at or below 30% of the Area Median Income.

Section 2. That it is City Council’s intent that a separate ordinance be passed that establishes (i) a revenue source for the Affordable Housing Trust Fund and (ii) eligibility requirements for the receipt of funds from the Affordable Housing Trust Fund and an oversight board that will notify the public of existing funds available from the Affordable Housing Trust Fund, enforce funding priorities and eligibility requirements, and recommend funding recipients to City Council.

Section 3. That the proper City officials are authorized to do all things necessary and proper to carry out the terms of Sections 1 through 2 hereof.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed: December 12, 2018

/s/

John Cranley, Mayor

Attest: /s/

Clerk

[…]

Cincinnati, OH Code of Ordinances § Sec. 209-5. – Composition of Board.
03/02/2022 – 10/24/2024
The Cincinnati Housing Advisory Board shall consist of at least eleven and up to fourteen voting members, which shall be of diverse community leadership/representation.

The board shall include a balanced representation from each of the following groups located within the city as specified below and in accordance with Ohio Revised Code Section 176.01:

(a) Institutions that lend money for housing;

(b) Nonprofit builders and developers of housing;

(c) For-profit builders and developers of housing;

(d) For-profit builders and developers of rental housing;

(e) Real estate brokers licensed under Ohio Revised Code Chapter 4735;

(f) Other persons with professional knowledge regarding local housing needs and fair housing issues within the city;

(g) Residents of areas of the city served by the board that could receive housing assistance from the city;

(h) Any metropolitan housing authority operating within the city;

(i) The elected officials of the city;

(j) Such other groups or individuals that the appointing authority determines are necessary to provide balanced advice on housing plans and programs.

Cincinnati, OH Code of Ordinances § Sec. 209-7. – Duties and Responsibilities.
04/14/2021 – 10/24/2024
The Cincinnati Housing Advisory Board shall perform all the duties and responsibilities of a housing advisory board as set forth in the Ohio Revised Code, including, without limitation, (i) establishing the affordable housing policy priorities of the City of Cincinnati, and (ii) to advise the city manager on the allocation of federal, state and local resources for affordable housing development, including, without limitation, the City’s Affordable Housing Trust Fund and related capital improvement program project accounts.

Ohio Rev. Code § 317.36 Collection and amount of low- and moderate-income housing trust fund fee.
10/24/2024 – 10/24/2024
(A) The county recorder shall collect the low- and moderate-income housing trust fund fee as specified in sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, 5164.56, 5310.15, 5703.93, 5719.07, 5727.56, 5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of any housing trust fund fee the recorder is authorized to collect is equal to the amount of any base fee the recorder is authorized to collect for services. The housing trust fund fee shall be collected in addition to the base fee.

(B) The recorder shall certify the amounts collected as housing trust fund fees pursuant to division (A) of this section into the county treasury as housing trust fund fees to be paid to the treasurer of state pursuant to section 319.63 of the Revised Code.

(C) The document preservation surcharge collected under section 317.32 of the Revised Code is not a base fee under this section.

Cincinnati Department of Transportation Complete Streets Policy
Background:
Complete Streets are those streets and roadways that are planned, designed, operated, and maintained so that people of all ages and abilities can safely and comfortably move around the city street network using all modes of travel. Complete Streets approaches vary based on community context. They may address a wide range of elements such as bicycle facilities, sidewalks, traffic calming, safety improvements, streetscape treatments, and more.
Complete Streets provide many beneficial resources to residents, business owners, and communities as a whole by reimagining our city’s roadways as public, third spaces. This reframing of transportation planning and engineering that centers place making and pedestrian safety may increase citizens’ use and enjoyment of public spaces and surrounding properties and provide for economic stability and growth. Complete Streets reduce motor-vehicle-related crashes and pedestrian-safety risks, as well as bicyclist-safety risks when well-designed bicycle-specific infrastructure is included. They can also promote walking and bicycling and improve public health by providing safer places to achieve physical activity through transportation.
This policy lays out the Department of Transportation and Engineering’s overarching Complete Streets goal, the related objectives to help achieve that goal, and the metrics to measure progress.
Goal
People of all ages and abilities can safely and comfortably move around the city street network, regardless of whether they are travelling as drivers, pedestrians, bicyclists, or public transportation riders.
Objectives
This policy focuses on the following objectives in order to make quantifiable progress toward the goal outlined above.
1. Provide accommodations that increase connectivity for street users of all ages and abilities. Street design should seek to increase multimodal access throughout Cincinnati. When designing a street, City personnel will consider the needs and characteristics of all modes of travel (e.g., driving, walking, bicycling, and transit). While it may not be possible to accommodate all modes for each specific project, over time, the City’s increase in multimodal transportation will enhance livability, provide transportation choices, and encourage active living for all street users.
2. Design and construct improvements that increase street safety. The safety of all roadway users will be considered in every major project, particularly for those groups that face comparatively greater safety risks, such as pedestrians, bicyclists, children, senior citizens, and persons with disabilities.
3. Design and construct improvements that increase the comfort of street users. Introducing elements like street trees, lighting, and wayfinding can contribute to a sense of place and create a more pleasant experience for the street user.
Observed Guidelines and Standards:
The City will consider the national- and state-recognized guidelines and standards set forth below when planning, designing, constructing, resurfacing, and reconstructing streets. The below list of references is not exhaustive and City personnel may consider other relevant guidelines and standards to inform the implementation of this Complete Streets policy.
• AASHTO Green Book, by: American Association of State Highway Transportation Officials. Level of Authority: Guidelines.
• Manual on Uniform Traffic Control Devices (MUTCD), by: Federal Highway Administration (FHWA) and Ohio Department of Transportation (ODOT). Level of Authority: Standards.
• Highway Capacity Manual, by: Transportation Research Board. Level of Authority: Guidelines.
• NACTO Urban Street Design Guide, by: National Association of City Transportation Officials. Level of Authority: Guidelines.
• NACTO Transit Street Design Guide, by: National Association of City Transportation Officials. Level of Authority: Guidelines.
• NACTO Urban Bikeway Guide, by: National Association of City Transportation Officials. Level of Authority: Guidelines.
• ADAAG/PROWAG, by: U.S. Department of Justice/Access Board. Level of Authority: Guidelines.
Implementation:
This Complete Streets policy will require collaborative efforts between internal and external stakeholders. It will require integration and coordination among City staff, departments, the City Manager’s office, and elected officials, including educating and informing on needs, funding, goals, restrictions, plans, and processes. Project design, prioritization, budgeting, and maintenance of Complete Streets are responsibilities that cross departmental lines. Coordination among departments is critical for ensuring there are no missed opportunities as projects are planned, designed, and implemented.
Implementation of the Complete Streets policy will often come through routine accommodation. Among other practices, routine accommodation includes repaving, reconstruction, and new construction. Ensuring that the Complete Streets policy is considered during routine work will result in reduced costs and projects will be completed more efficiently. The City shall evaluate all privately proposed roadway improvements in accordance with this policy.
DOTE personnel will fill out a Complete Streets checklist for every impactful project (street rehabilitation, redesign, street construction, and street reconstruction on collectors and arterials). The checklist will detail which Complete Street elements are being provided with the project. If an element is not being provided, the checklist will indicate why. Reasons for not including Complete Streets elements may include, when applicable: community input; traffic volume; insufficient funding; inadequate street width; capital or grant funding restrictions etc.
Cincinnati’s neighborhood stakeholders play a vital role in informing the City of the needs of the local community. City personnel will conduct equitable and inclusive community engagement throughout all phases of an impactful project. This could include attending community council and neighborhood meetings, sending mailers, or otherwise providing opportunities for local communities to voice their opinions on projects. Community engagement will include education on the trade-offs associated with the project alternatives being proposed.
Reporting
The Department of Transportation and Engineering will provide annual reports to City Council that outline progress toward the goal of designing, building, repairing, and maintaining Complete Streets so that people of all ages and abilities can safely and comfortably move around the city street network. The report will include the following metrics:
1. Total miles of new bike facilities
2. Linear feet of new/repaired/widened sidewalk and number of new curb ramps 3. Number of traffic-calming improvements
4. Number of safety improvements
5. Number of comfort enhancements
6. Number of projects in each neighborhood
7. Number of crashes, and injuries/fatalities by mode The Complete Streets checklist appears on the following page.
[The Complete Streets checklist omitted]

–

Ohio Rev. Code § 5323.01 Residential rental property definitions.
Effective: 9/29/07 – Through: 6/1/24
As used in this chapter:
(A) “Hotel” has the same meaning as in section 3731.01 of the Revised Code.
(B) “Manufactured home” has the same meaning as in section 3781.06 of the Revised Code.
(C) “Mobile home” and “recreational vehicle” have the same meanings as in section 4501.01 of the Revised Code.
(D) “Political subdivision” means a county that has a population of more than two hundred thousand according to the most recent decennial census or a township, municipal corporation, or other body corporate and politic that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and is responsible for government activities in a geographic area smaller than that of the state.
(E) “Residential rental property” means real property that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semipermanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. “Residential rental property” does not include a hotel or a college or university dormitory.

Ohio Rev. Code § 5323.02 Filing of information by owner with county auditor.
Effective: 10/24/2024 – 10/24/2024
(A) An owner of residential rental property shall file with the county auditor of the county in which the property is located the following information:
(1) The name, address, and telephone number of the owner;
(2) If the residential rental property is owned by a trust, business trust, estate, partnership, limited partnership, limited liability company, association, corporation, or any other business entity, the name, address, and telephone number of the following:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an estate;
(c) A general partner, in the case of a partnership or a limited partnership;
(d) A member, manager, or officer, in the case of a limited liability company;
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any other business entity.
(3) The street address and permanent parcel number of the residential rental property.
(B) The information required under division (A) of this section shall be filed and maintained on the tax list or the real property record.
(C) An owner of residential rental property shall update the information required under division (A) of this section within sixty days after any change in the information occurs.
(D) The county auditor shall provide an owner of residential rental property located in a county that has a population of more than two hundred thousand according to the most recent decennial census with notice pursuant to division (B) of section 323.131 of the Revised Code of the requirement to file the information required under division (A) of this section and the requirement to update that information under division (C) of this section.
(E) The owner of residential real property shall comply with the requirements under divisions (A) and (C) of this section within sixty days after receiving the notice provided under division (D) of this section, division (D) of section 319.202, or division (B) of section 323.131 of the Revised Code.
(F) Any agent designated by the owner to manage the property on the owner’s behalf may file or update any information, or do anything otherwise required by this section, on the owner’s behalf.

Ohio Rev. Code § 5323.04 Filed information as public record.
Effective: 9/28/06 – Through: 6/1/24
(A) All information filed with a county auditor under this chapter is a public record under section 149.43 of the Revised Code.
(B) An owner of residential rental property who complies with the requirements of this chapter shall be deemed to be in full compliance with any request by the state or any political subdivision to that owner for information that is identical to the information filed with the county auditor under this chapter.

Cincinnati, OH Code of Ordinances § 874-1. Definitions.
Effective: 9/1/20 – Through: 6/1/24
For the purposes of this chapter, words and phrases shall have their ordinary meaning unless defined herein.
(a) “Director of Buildings and Inspections or Director” shall be construed to include authorized employees appointed to perform specific duties of the Department of Buildings and Inspections in the enforcement of the provisions of the Ohio Building Code and the Cincinnati Building Code.
(b) “Person in control” shall mean:
(1) The person, persons, or entity holding title to the freehold estate of the premises; or
(2) Any individual designated by the owner of a Residential Rental Property as having the duty, responsibility, and authority to operate, maintain, and manage the Residential Rental Property; or
(3) A mortgagee or vendee in possession; or
(4) A receiver; or
(5) An executor; or
(6) A trustee; or
(7) Any person, public or private entity, lessee or holder of a lesser estate in the premises, and/or its duly authorized agent(s), with the authority to bring a building or premises into compliance with the provisions of this code, including, but not limited to, any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of a mortgage agreement, until title to the premises is transferred to a third party.
(c) “Property” shall mean real property located in the city of Cincinnati improved by virtue of a dwelling having been erected on the real property.
(d) “Residential Rental Property” shall have the same meaning as Ohio Revised Code 5323.01(E). In addition, the Director may consider the following criteria in identifying whether real property constitutes residential rental property for purposes of this Chapter:
(1) The property does not receive an owner occupancy tax credit based on the records of the Hamilton County Auditor;
(2) The property contains a dwelling unit registered as a rental property with the Hamilton County Auditor pursuant to Ohio Revised Code Chapter 5323;
(3) The property is owned by a corporate entity and not individually;
(4) For single-family homes, the water records kept by greater Cincinnati water works reflect third-party billing;
(5) The Hamilton County Auditor has applied any of the following land use codes to the property:
[…]
(6) The property has been registered as a residential rental property with the Hamilton County Auditor as required by Ohio Revised Code 5323.02;
(7) Other reasonable indicators that real property has been rented to tenants for residential purposes, for example, the existence of a lease agreement.

Cincinnati, OH Code of Ordinances § 874-3. Scope.
Effective: 9/1/20 – Through: 6/1/24
(a) The provisions of this Chapter apply to all Residential Rental Properties.
(b) Real property or a portion thereof used exclusively for the following purposes shall be exempt from the requirements of this section:
(1) Hotels or motels;
(2) College or university dormitories that are state-owned and are inspected for code compliance under other procedures or licensure;
(3) Properties that are currently unoccupied because they have been ordered vacated by the director;
(4) Properties that are available to the public for rental for a period of thirty days or less;
(5) Non-residential purposes when separate and distinct from a portion used as a residential rental property, e.g. first floor retail in a multi-story mixed-use apartment building.
(c) In the event of a dispute over whether a property is subject to the application and inspection provisions of this ordinance, owners may submit evidence to the Director demonstrating that their property is not “Residential Rental Property” for purposes of this section.

Cincinnati, OH Code of Ordinances § 874-5. General Obligations of Owners and Persons in Control of Residential Rental Properties.
Effective: 9/1/20 – Through: 6/1/24
(a) The owner or person in control of a Residential Rental Property must file a Residential Rental Property registration with the director within 60 calendar days of the effective date of this ordinance or within 60 calendar days of assuming ownership, whichever is later.
(b) All Residential Rental Property registrations shall be made on forms and in the manner prescribed by the director, and shall include the following information:
(1) The name, address, and telephone number of the owner;
(2) If the Residential Rental Property is owned by a trust, business trust, estate, partnership, limited partnership, limited liability company, association, corporation, or any other business entity, the name, address, and telephone number of the following:
a. A trustee, in the case of a trust or business trust;
b. The executor or administrator, in the case of an estate;
c. A general partner, in the case of a partnership or a limited partnership;
d. A member, manager, or officer, in the case of a limited liability company;
e. An associate, in the case of an association;
f. An officer, in the case of a corporation;
g. A member, manager, or officer, in the case of any other business entity.
(3) The name, address, and telephone number for any and all persons in control of the Residential Rental Property, including, but not limited to, a professional property management company or on-site maintenance personnel, who have been designated by the owner as the party responsible for responding to emergency or maintenance issues for the Residential Rental Property and who can be reached 24 hours a day, 7 days a week, 365 days a year. At least one person in control must reside within 100 miles of the registered Residential Rental Property.
(4) The street address and permanent parcel number of the residential rental property.
(5) The monthly rent charged and the number and size of each rental unit located in each residential rental property, including the number of bedrooms, bathrooms, and approximate square footage of the unit.
(c) The owner and any designated person in control of a registered Residential Rental Property have a continuing obligation to notify the director in writing of any changes, including, but not limited to:
(1) Any change in information on the Residential Rental Property registration form.
(2) Any change in ownership.
(3) Any change in use of the Residential Rental Property, including, but not limited, to the property becoming and remaining vacant for a period of sixty days or more.
(d) All Residential Rental Registrations shall be accompanied by the applicable fee necessary to recover the cost and expense of the administering the registry, which fee shall not exceed $1.00 per registered rental unit.

Cincinnati, OH Code of Ordinances § 1127-07. Residential Rental Property Inspection Program.
Effective 12/06/2023 –10/24/2024
1127-07.1. Definitions. As used in this section, the following words and terms shall have the meanings indicated in the definition herein. Words and terms used and not specifically defined in this section, but which are defined in the Cincinnati Building Code (“CBC”), shall have the meanings defined in the CBC.

1127-07.1-A. Applicable Codes. “Applicable Codes” includes, but is not limited to, the Residential Code of Ohio (“RCO”), the Ohio Building Code (“OBC”), Chapter 3742 of the Ohio Revised Code (“ORC”), the CBC, and the following provisions of the Cincinnati Municipal Code (“CMC”): Chapter 1117 – Housing Code; Title XII – Cincinnati Fire Prevention Code; Title XIV – Zoning Code; Title XVII – Land Development Code; Chapter 761 – Chronic Nuisance Premises; Chapter 714 – Littering, and Chapter 731 – Weed Control; and any other building, housing, health and safety codes and provisions applicable to residential rental property that materially affect the public health, safety and welfare.

1127-07.1-C. Code Compliant. “Code Compliant” means a residential rental property that, upon inspection by the city under this section, is found to be compliant with all applicable code provisions. In determining whether a residential rental property is Code Compliant, the director may consider additional factors including, without limitation, whether the properties which are well maintained; have any code violations; require some routine maintenance work but not beyond responding to normal wear and use expected for the property age and type of construction; are suitable for rental occupancy and affords the occupants a decent, safe, and sanitary habitation; the maintenance and management of the property does not contribute to depreciating neighboring property values and does not adversely impact the peaceful enjoyment of surrounding properties; there is no history of ignoring substantiated housing violation-related complaints about the property within the previous twelve months.

1127-07.1-N. Non-compliant. “Non-compliant” means a residential rental property that, upon inspection by the city under this section, is found to have one or more violations of applicable codes that (1) constitute an immediate hazard or threat to the occupants of the property or (2) in their totality indicate that the rental unit is not being properly maintained. In determining whether a residential rental property is Non-compliant, the director may consider additional factors including, without limitation, whether properties are not being maintained in compliance with the applicable codes; have a number of code violations, some of which appear to be longstanding and/or could materially affect the health and safety of the occupants; have deferred maintenance and/or have evidence of lack of routine maintenance of the halls, yard, common areas or dwelling units; unless the violations are promptly corrected and the premises proactively and routinely maintained, are not suitable for rental occupancy and would not afford the occupants a decent, safe, and sanitary habitation.

1127-07.1-P. Residential Areas. “Residential Areas” are specified census tracts within the statistical neighborhood boundary maps of the neighborhoods of Avondale, Clifton-University Heights-Fairview, College Hill, East Price Hill, Madisonville, West Price Hill, and Westwood. The qualifying census tract numbers within each Residential Area are listed below:

Expand

Neighborhood

Qualifying Census Tract Numbers

Avondale

66, 68, 68, 270

East Price Hill

92, 93, 94, 95, 96

Clifton-University Heights-Fairview

25, 26, 27, 29.01, 29.02, 30

College Hill

81, 82.01, 82.02, 84, 111 (partial tract)

Madisonville

55 (partial tract), 56 (partial tract), 242 (partial tract), 244.01 (partial tract), 276

West Price Hill

97 (partial tract), 98, 99.01 (partial tract), 99.02 (partial tract), 100.05, 107 (partial tract), 214.01

Westwood

88, 100.02, 100.03, 100.04, 101, 102.01 (partial tract), 102.02, 109(partial tract), 209.01

1127-07.1-R. Residential Rental Properties. “Residential Rental Properties” shall have the same meaning as O.R.C. Section 5323.01(E).

(a) The director may consider one or more of the following criteria in identifying whether real property constitutes residential rental property for purposes of this Chapter:

(1) The property does not receive an owner occupancy tax credit based on the records of the Hamilton County Auditor;

(2) The property contains a dwelling unit registered as a rental property with the Hamilton County Auditor pursuant to O.R.C. Chapter 5323;

(3) The property is owned by a corporate entity and not individually;

(4) For single-family homes, the water records kept by greater Cincinnati water works reflect third-party billing;

(5) The Hamilton County Auditor has applied any of the following land use codes to the property:

CATEGORY

DESCRIPTION

DEPT. OF TAX EQUALIZATION

HAMILTON COUNTY

COMMERCIAL

APARTMENTS—4 TO 19 UNITS

401

401

COMMERCIAL

APARTMENTS—20 TO 39 UNITS

402

402

COMMERCIAL

APARTMENTS—40+ UNITS

403

403

COMMERCIAL

RETAIL—APARTMENTS OVER

404

COMMERCIAL

OFFICE—APARTMENTS OVER

431

RESIDENTIAL

TWO FAMILY DWELLINGS

520

520

RESIDENTIAL

THREE FAMILY DWELLINGS

530

530

RESIDENTIAL

LOW INCOME HOUSE TAX CREDIT
(residential)

569

569

RESIDENTIAL

OTHER STRUCTURES

599

599

(6) The property has been registered as a residential rental property with the Hamilton County Auditor as required by Ohio Revised Code 5323.02 and/or the city of Cincinnati;

(7) Other reasonable indicators that real property has been rented to tenants for residential purposes, for example, the existence of a lease agreement.

(b) Real property or a portion thereof used exclusively for the following purposes shall be exempt from the requirements of this section:

(1) Hotels or motels;

(2) College or university dormitories that are state-owned and are inspected for code compliance under other procedures or licensure;

(3) Two-family units where one unit is owner-occupied;

(4) Properties that are currently unoccupied because they have been ordered vacated by the director;

(5) Properties that are available to the public for rental for a period of thirty days or less;

(6) Non-residential purposes when separate and distinct from a portion used as a residential rental property, e.g., first floor retail in a multi-story mixed-use apartment building.

(c) In the event of a dispute over whether a property is subject to the application and inspection provisions of this ordinance, property owners may submit evidence to the director demonstrating that their property is not “Residential Rental Property” for purposes of this section.

1127-07.1-S. Substantially Compliant. “Substantially Compliant” means a residential rental property that, upon inspection by the city under this section, is found to have one or more violations of applicable codes that (1) do not constitute an immediate hazard or threat to the occupants of the residential rental property and (2) do not indicate in their totality that the rental unit is not being properly maintained. In determining whether a residential rental property is Substantially Compliant, the director may consider additional factors including, without limitation, whether the owner of a substantially compliant property has demonstrated a plan and capacity to abate the violations within thirty (30) days, or in a reasonable time as determined by the director; the maintenance and management of a substantially compliant property does not contribute to depreciating neighboring property values and does not adversely impact the peaceful enjoyment of surrounding properties; and based on the number of units at the property, there have been few or no substantiated complaints of code violations on the premises within the previous twelve months and there is no history of ignoring substantiated code violations.

1127-07.3. Purpose. The purpose of this section is to protect the public health, safety and welfare by authorizing the periodic evaluation of certain residential rental property businesses for compliance with applicable codes, including, but not limited to, the RCO, the OBC, ORC Chapter 3742, the CBC, and the following provisions of the CMC: Chapter 1117 – Housing Code; Title XII – Cincinnati Fire Prevention Code; Title XIV – Zoning Code; Title XVII – Land Development Code; Chapter 761 – Chronic Nuisance Premises; Chapter 714 – Littering, and Chapter 731 – Weed Control; and any other building, housing, health, and safety codes and provisions applicable to residential rental property that materially affect the public health, safety and welfare. This section incorporates provisions of CBC Chapter 1101 by reference.

This section does not preempt, supersede, cancel or set aside the requirements of any other applicable landlord-tenant laws, and building, housing, zoning or related regulations.

1127-07.5. Reserved.

1127-07.7. Applicable Properties: Residential Rental Properties.

(a) This section shall apply to any Residential Rental Property as defined in section 1127-07.1-R of this chapter that is located in the Pilot Residential Areas and that:

(1) Is currently the subject of a delinquent lead hazard control order issued by the Cincinnati health department;

(2) Has been ordered vacated in part by the Cincinnati building department pursuant to section 1101-65 of the CBC, but which remains partially occupied;

(3) Has been determined to be a public nuisance pursuant to section 1101-57 of the CBC;

(4) Has been the subject of two or more orders issued within a twelve-month period by the department of buildings and inspections, the Cincinnati fire department, and/or the board of health or its designee for building, housing, fire prevention, public health, quality of life, or health code violations;

(5) Has been the subject of four or more validated complaints received by the department of buildings and inspections of housing or zoning code violations within a twelve-month period;

(6) Has been declared by the City of Cincinnati to be a chronic nuisance as set forth in section 761-5 of the CMC;

(7) Is currently or within the past twenty-four (24) months has been the subject of civil or criminal prosecution by the City of Cincinnati for violations of the ORC, CMC, or CBC; or

(8) Is certified as tax delinquent by the Hamilton County Treasurer.

(b) This section shall also apply to any Residential Rental Property, as defined in section 1127-07.1-R of this section, that is owned entirely or in part, operated, or managed by an individual, entity, or person in control, as defined by Cincinnati Municipal Code Section 1101-03, regardless of its location in the city of Cincinnati, who owns or has an ownership interest in, operates, or manages any Residential Rental Property that qualifies for this program under subsection 1127-07.7(a), including Residential Rental Properties owned entirely or in part, managed, or operated by related entities, sister entities, parent entities, holding entities, subsidiary entities, or distinct entities where there is evidence of a common principal, board, shareholder base, or headquarters.

1127-07.9. Rental Inspection Certificate Application Process.

(a) All owners and persons in control of Residential Rental Properties as that term is defined in subsections 1127-07.1-R and 1127-07.7 of this Section in the residential areas shall apply for a rental inspection certificate under this section.

(b) Application for a rental inspection certificate shall be made on forms and instructions prescribed by the director. The application shall include:

(1) A description of the Residential Rental Property, including, but not limited to, the street address and parcel identification number;

(2) The name, street address, and telephone number of the owner or person in control;

(3) A copy of the owner’s current rental registration with the Hamilton County Auditor pursuant to Ohio Revised Code Section 5323, or in the alternative, the same information that would otherwise be provided by the owner to the Auditor on the Auditor’s rental registration form; and

(4) A written certification whether the owner or person in control of the Residential Rental Property consents to an inspection of the property.

(c) An application for a residential rental certificate shall not be construed by the city as a waiver of the owner’s Fourth Amendment rights.

1127-07.11. General Inspection Requirements.

(a) Upon receipt of a complete application and the applicable fee, the director shall perform a visual inspection of the interior and exterior of a Residential Rental Property to determine whether the property complies with all applicable codes.

(b) The director shall inspect Residential Rental Properties at a reasonable time agreed to by the owner or person in control of the Residential Rental Property.

(c) The owner or person in control of the Residential Rental Property shall be responsible for notifying the tenants of a scheduled inspection in accordance with notice requirements under applicable landlord-tenant regulations.

(d) All dwelling units in a Residential Rental Property shall be inspected.

(e) If a Residential Rental Property is inspected and found to be compliant, the director shall issue a residential rental inspection certificate to the owner or person in control of a Residential Rental Property following the inspection. The certificate shall indicate that the property is compliant and indicate the next required inspection date based upon the inspection interval for compliant properties provided for in section 1127-07.13 of this section.

(f) If a Residential Rental Property is inspected and found to be substantially complaint or non-compliant, the director shall provide the owner or person in control with a written order specifying the reasons for the designation and establishing an inspection schedule based upon the inspection intervals provided for in section 1127-07.13 of this section.

(g) A residential rental inspection certificate shall expire thirty (30) days following the required inspection date indicated on the certificate; provided, however, a residential rental inspection certificate shall expire six months following the transfer in ownership of a Residential Rental Property or the transfer of a controlling interest in any entity that owns Residential Rental Property if occurring sooner than thirty (30) days following the required inspection date indicated on the certificate.

(h) Upon the transfer in ownership of a Residential Rental Property or the transfer of a controlling interest in any entity that owns a Residential Rental Property, the owner or person in control shall notify the new owner or person in control of their obligation to maintain a residential rental inspection certificate for the property.

(i) The director is authorized to seek the assistance of personnel from the fire department, health department, police department, and other enforcement agencies concerned with the operation of residential rental property in carrying out the inspections authorized in this section.

(j) The provisions of this section shall not limit or restrict the director or any other authorized official from conducting inspections of residential rental property in administering or enforcing the laws, rules, and regulations they are charged with enforcing, e.g. responding to tenant complaints or upon probable cause that a violation is present.

1127-07.13. Inspection Intervals.

a. Residential Rental Properties shall be inspected and evaluated according to the following intervals:

(1) Code Compliant. Properties found to be code compliant shall be issued a certificate and shall be inspected again after forty-eight months.

(2) Substantially Compliant. Properties found to be substantially compliant shall be inspected at thirty-day intervals following the initial inspection, or at reasonable intervals established by the director as necessary to promote and sustain code compliance, to verify whether previously identified code violations have been cured. Once compliance is achieved, the property shall be issued a certificate and shall be inspected again after forty-eight months.

(3) Non-Compliant. Properties found to be non-compliant shall be inspected at thirty-day intervals following the initial inspection, or at reasonable intervals established by the director as necessary to promote and sustain code compliance, to verify whether previously identified code violations have been cured. Once compliance is achieved, the property shall be inspected in twelve months following the initial inspection. Based on the level of non-compliance, if any, found upon inspection, the director may change the inspection interval as determined necessary to attain compliance.

(4) Revocation. Following the issuance of a certificate, any code compliant, substantially compliant, or non-compliant property that becomes subject to one of the conditions set forth in Section 1127-07.7(a)(1)-(8) shall have its certificate revoked by the director and be subject to the application and inspection processes set forth in Sections 1127-07.9 and 1127-07.11.

1127-07.15. Appeals.

a. Administrative Ruling. Any person who has a bona fide controversy with the interpretation, application, or enforcement of the provisions of this section may petition the director for a written decision, order, or adjudication pursuant to section 1101-80.1 of the CBC.

b. Appeals. Any person adversely affected by a final, appealable decision, order, or adjudication issued by the Director of the Department of Buildings and Inspections under section 1127-07.15(a) may appeal to the Board of Housing Appeals within 30 days from the date of the mailing of the final, appealable decision, order, or adjudication.

1127-07.17. Recovery of Additional Costs Incurred in Program Administration and Enforcement. The director is authorized to charge the owner or person in control of a Residential Rental Property subject to inspection under this section for the recovery of reasonable costs incurred in its administration and enforcement of this inspection program. Additional costs may include the cost of third-party technical experts hired to assist the director of buildings and inspections in the administration and enforcement of this inspection program.

1127-07.19. Inspection Fees.

a. Initial inspections will be charged a $100 per unit inspected inspection fee. The re-inspection fee schedule for each unit re-inspected is as follows:

(1) First re-inspection …..$70.00

(2) Second re-inspection …..140.00

(3) Third re-inspection …..210.00

(4) Fourth or more re-inspection …..280.00

b. All fees and fine penalties collected under this Section shall be deposited in the building hazard abatement fund.

1127-07.21. Warrant Requirement. If an owner, person in control, or tenant refuses to provide the director with permission to inspect the private areas of the Residential Rental Property at a reasonable time, the director shall obtain an administrative search warrant from a court of competent jurisdiction as allowed by law.

1127-07.23. Rules and Regulations.

a. The city manager or the city manager’s designee is authorized to promulgate rules and regulations to effectuate the provisions and purposes of this section.

b. This section does not preempt, supersede, cancel, or set aside the requirements of any other applicable landlord-tenant laws or any building, housing, zoning, or related laws or regulations.

1127-07.99. Penalties.

a. An owner or person in control of a Residential Rental Property who fails to apply for a residential rental inspection certificate, commits a Class C1 civil offense as defined by CMC Section 1501-8(a) on the first day, and having once been notified under CMC Section 1501-13, “Notice of Civil Offense and Civil Fine; Procedures, each additional day that the owner or person in control fails to apply for a residential rental inspection certificate shall constitute a separate, subsequent Class D civil offense.

Ohio Rev. Code § 3794.01 Definitions
09/30/2021 – 06/01/2024
As used in this chapter:

(A) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” includes the use of an electronic smoking device and a vapor product. “Smoking” does not include the burning of incense in a religious ceremony.

(B) “Public place” means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.

(C) “Place of employment” means an enclosed area under the direct or indirect control of an employer that the employer’s employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.

(D) “Employee” means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation.

(E) “Employer” means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.

(F) “Enclosed Area” means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.

(G) “Proprietor” means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.

(H) “Retail tobacco store” means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of lighted or heated tobacco products and related smoking accessories and in which the sale of other products is merely incidental. “Retail tobacco store” does not include a tobacco department or section of a larger commercial establishment or of any establishment with a liquor permit or of any restaurant.

(I) “Retail vapor store” means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of vapor products, electronic smoking devices, or other electronic smoking product accessories and for which the sale of other products is merely incidental. “Retail vapor store” does not include a section of a larger commercial establishment or of an establishment with a liquor license or that is a restaurant.

(J) “Outdoor patio” means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.

(K) “Vapor product” and “electronic smoking device” have the same meanings as in section 2927.02 of the Revised Code.

Ohio Rev. Code § 3794.02 Smoking Prohibitions
12/07/2006 – 06/01/2024
(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.

(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.

(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.

(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.

(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.

Cincinnati, Ohio, Board of Health Regulations § 00083-1. – Restrictions.
01/01/1986 – 06/01/2024
Except as provided in subsection 00083-3(a) through (i), the possession of lighted smoking materials in any form, including but not limited to the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is prohibited in any of the following places used by or open to the public or serving as a place of work:

(a) Any commercial establishment, including but not limited to retail stores, restaurants, banks, office buildings, and offices;

(b) Any vehicle of public transportation, including but not limited to trains, buses, limousines for hire, taxicabs, and ferries;

(c) Elevators;

(d) Restrooms;

(e) Libraries, educational facilities, museums, auditoriums, and art galleries;

(f) Any public area of a health care facility, health clinics, or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, rest homes, doctors’ offices, and dentists’ offices;

(g) Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theatres, concert halls, bingo halls, arenas, and swimming pools;

(h) Any other enclosed area used by the public or serving as a place of work, including open office landscaping;

(i) Hospitals will accommodate nonsmokers by providing nonsmoking rooms.

Ohio Rev. Code § 3794.03 Areas where smoking is not regulated by this chapter
10/03/2023 – 06/01/2024
Areas where smoking is not regulated by this chapter.

The following shall be exempt from the provisions of this chapter:

(A) Private residences, except during the hours of operation as a child care or adult care facility for compensation, during the hours of operation as a business by a person other than a person residing in the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present.

(B) Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms; provided, however, that not more than twenty per cent of sleeping rooms may be so designated.

(C) Family-owned and operated places of employment in which all employees are related to the owner, but only if the enclosed areas of the place of employment are not open to the public, are in a freestanding structure occupied solely by the place of employment, and smoke from the place of employment does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.

(D) Any nursing home, as defined in division (A) of section 3721.10 of the Revised Code, but only to the extent necessary to comply with division (A)(18) of section 3721.13 of the Revised Code. If indoor smoking area is provided by a nursing home for residents of the nursing home, the designated indoor smoking area shall be separately enclosed and separately ventilated so that tobacco smoke does not enter, through entrances, windows, ventilation systems, or other means, any areas where smoking is otherwise prohibited under this chapter. Only residents of the nursing home may utilize the designated indoor smoking area for smoking. A nursing home may designate specific times when the indoor smoking area may be used for such purpose. No employee of a nursing home shall be required to accompany a resident into a designated indoor smoking area or perform services in such area when being used for smoking.

(E)(1) Retail tobacco stores in operation prior to December 7, 2006. The retail tobacco store shall annually file with the department of health by the thirty-first day of January an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories.

(2) Any retail tobacco store that begins operation after December 7, 2006, or any existing retail tobacco store that relocates to another location after December 7, 2006, may only qualify for the exemption authorized by division (E) of this section if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.

(3) A change in ownership of a retail tobacco store in operation prior to December 7, 2006, does not, in itself, constitute the beginning of a new operation or the relocation of an existing operation for the purposes of division (E)(2) of this section and does not, in itself, necessitate that the retail tobacco store relocate to a freestanding structure, as described in that division, in order to retain an exemption from the provisions of this chapter.

(F) Outdoor patios. All outdoor patios shall be physically separated from an enclosed area. If windows or doors form any part of the partition between an enclosed area and the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If windows or doors do not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.

(G) Private clubs as defined in division (B)(13) of section 4301.01 of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not-for-profit entity; only members of the club are present in the club’s building; no persons under the age of eighteen are present in the club’s building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.

(H) An enclosed space in a laboratory facility at an accredited college or university, when used solely and exclusively for clinical research activities by a person, organization, or other entity conducting institutional review board-approved scientific or medical research related to the health effects of smoking or the use of tobacco products. The enclosed space shall not be open to the public and shall be designed to minimize exposure of nonsmokers to smoke. The program administrator shall annually file a notice of new research with the department of health on a form prescribed by the department.

(I) A retail vapor store, insofar as the provisions of this chapter apply to smoking via vapor products and electronic smoking devices. The provisions of this chapter apply to retail vapor stores with regard to all other forms of smoking. The retail vapor store shall annually file with the department of health by the thirty-first day of January an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of vapor products, electronic smoking devices, or other electronic smoking product accessories.Effective: 12/7/06 – Through: 6/1/23
Because medical studies have conclusively shown that exposure to secondhand smoke from tobacco causes illness and disease, including lung cancer, heart disease, and respiratory illness, smoking in the workplace is a statewide concern and, therefore, it is in the best interests of public health that smoking of tobacco products be prohibited in public places and places of employment and that there be a uniform statewide minimum standard to protect workers and the public from the health hazards associated with exposure to secondhand smoke from tobacco.

The provisions of this chapter shall be liberally construed so as to further its purposes of protecting public health and the health of employees and shall prevail over any less restrictive state or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise restricted by other laws or regulations.

Ohio Rev. Code § 3794.01 Definitions
Effective: 9/30/21 – Through: 6/1/23
As used in this chapter:

(A) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” includes the use of an electronic smoking device and a vapor product. “Smoking” does not include the burning of incense in a religious ceremony.

(B) “Public place” means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.

(C) “Place of employment” means an enclosed area under the direct or indirect control of an employer that the employer’s employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.

(D) “Employee” means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation.

(E) “Employer” means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.

(F) “Enclosed Area” means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.

(G) “Proprietor” means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.

(H) “Retail tobacco store” means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of lighted or heated tobacco products and related smoking accessories and in which the sale of other products is merely incidental. “Retail tobacco store” does not include a tobacco department or section of a larger commercial establishment or of any establishment with a liquor permit or of any restaurant.

(I) “Retail vapor store” means a retail establishment that derives more than eighty per cent of its gross revenue from the sale of vapor products, electronic smoking devices, or other electronic smoking product accessories and for which the sale of other products is merely incidental. “Retail vapor store” does not include a section of a larger commercial establishment or of an establishment with a liquor license or that is a restaurant.

(J) “Outdoor patio” means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.

(K) “Vapor product” and “electronic smoking device” have the same meanings as in section 2927.02 of the Revised Code.

Ohio Rev. Code § 3794.03 Areas where smoking is not regulated by this chapter
Effective: 9/30/21 – Through: 6/1/23
Areas where smoking is not regulated by this chapter.

The following shall be exempt from the provisions of this chapter:

(A) Private residences, except during the hours of operation as a child care or adult care facility for compensation, during the hours of operation as a business by a person other than a person residing in the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present.

(B) Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms; provided, however, that not more than twenty per cent of sleeping rooms may be so designated.

(C) Family-owned and operated places of employment in which all employees are related to the owner, but only if the enclosed areas of the place of employment are not open to the public, are in a freestanding structure occupied solely by the place of employment, and smoke from the place of employment does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.

(D) Any nursing home, as defined in division (A) of section 3721.10 of the Revised Code, but only to the extent necessary to comply with division (A)(18) of section 3721.13 of the Revised Code. If indoor smoking area is provided by a nursing home for residents of the nursing home, the designated indoor smoking area shall be separately enclosed and separately ventilated so that tobacco smoke does not enter, through entrances, windows, ventilation systems, or other means, any areas where smoking is otherwise prohibited under this chapter. Only residents of the nursing home may utilize the designated indoor smoking area for smoking. A nursing home may designate specific times when the indoor smoking area may be used for such purpose. No employee of a nursing home shall be required to accompany a resident into a designated indoor smoking area or perform services in such area when being used for smoking.

(E) Retail tobacco stores in operation prior to December 7, 2006. The retail tobacco store shall annually file with the department of health by the thirty-first day of January an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after December 7, 2006, or any existing retail tobacco store that relocates to another location after December 7, 2006, may only qualify for this exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter.

(F) Outdoor patios. All outdoor patios shall be physically separated from an enclosed area. If windows or doors form any part of the partition between an enclosed area and the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If windows or doors do not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.

(G) Private clubs as defined in division (B)(13) of section 4301.01 of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not-for-profit entity; only members of the club are present in the club’s building; no persons under the age of eighteen are present in the club’s building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.

(H) An enclosed space in a laboratory facility at an accredited college or university, when used solely and exclusively for clinical research activities by a person, organization, or other entity conducting institutional review board-approved scientific or medical research related to the health effects of smoking or the use of tobacco products. The enclosed space shall not be open to the public and shall be designed to minimize exposure of nonsmokers to smoke. The program administrator shall annually file a notice of new research with the department of health on a form prescribed by the department.

(I) A retail vapor store, insofar as the provisions of this chapter apply to smoking via vapor products and electronic smoking devices. The provisions of this chapter apply to retail vapor stores with regard to all other forms of smoking. The retail vapor store shall annually file with the department of health by the thirty-first day of January an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of vapor products, electronic smoking devices, or other electronic smoking product accessories.

Ohio Rev. Code § 3794.02 Smoking Prohibitions
Effective: 12/7/06 – Through: 6/1/23
(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.

(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.

(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.

(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.

(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.

Ohio Admin. Code 3701-52-02 Responsibilities of proprietor
Effective: 7/16/18 – Through: 6/1/23
(A) Except as permitted in section 3794.03 of the Revised Code, no proprietor shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.

(B) In addition to the requirements of paragraph (A) of this rule, a proprietor shall take reasonable steps including, but not limited to, requesting individuals to cease smoking, to ensure that tobacco smoke, in an area directly or indirectly under the control of the proprietor, does not enter any area in which smoking is prohibited under Chapter 3794. of the Revised Code and this chapter through entrances, windows, ventilation systems, or other means.

(C) A proprietor shall not be deemed in violation of Chapter 3794. of the Revised Code and this chapter if any smoke inadvertently enters the public place or place of employment, including entry through entrances, windows, ventilation systems, or other means, from an area otherwise exempted by division (A) of section 3794.03 of the Revised Code and this chapter as a private residence.

(D) A proprietor shall post signs pursuant to the requirements of Chapter 3794. of the Revised Code and rule 3701-52-06 of the Administrative Code.

(E) A proprietor shall identify himself or herself upon the request of the department.

(F) A proprietor shall remove ashtrays and other receptacles used for disposing of smoking materials pursuant to Chapter 3794. of the Revised Code and this chapter. If ashtrays and other receptacles used for disposing of smoking materials are of historic or architectural value and were affixed to real property prior to December 7, 2006, such ashtrays and other receptacles may remain if they are not used for disposal of smoking materials. Division (B) of section 3794.06 of the Revised Code and this rule shall not apply to ashtrays and other receptacles within vehicles if they are not used for the disposal of smoking materials.

(1) A proprietor may provide ashtrays and other receptacles used for disposing of smoking materials in areas where smoking is not prohibited under Chapter 3794. of the Revised Code and this chapter.

(2) A proprietor may provide ashtrays and other receptacles used for disposing of smoking materials solely for the purpose of disposing smoking materials prior to entering a place of employment or public place.

(3) A proprietor may store empty and clean ashtrays and other receptacles used for disposing of smoking materials in a location within an area where smoking is prohibited if the:

(a) Location has no public access;

(b) Location is used primarily for storage purposes;

(c) Location is not in an area where food or beverages are prepared or dispensed; and

(d) Ashtrays or other receptacles are used in accordance with paragraph (F)(1) of this rule.

(G) The department or its authorized designee shall be provided immediate access by a proprietor, during hours of operation and at times when the building is occupied by the owner, proprietor, or any employee, to the following:

(1) The premises;

(2) All parts of the facilities and premises therein;

(3) Staff; and

(4) Pertinent records upon request.

(H) A proprietor’s failure to allow access to facilities, staff, and records in accordance with paragraph (G) of this rule, may result in the imposition of civil penalties and fines in accordance with paragraphs (A) and (F) of rule 3701-52-09 of the Administrative Code.

(I) No person shall discharge, refuse to hire, or in any manner retaliate against any individual for exercising any right, including reporting a violation, or performing any obligation under Chapter 3794. of the Revised Code or this chapter.

Ohio Admin. Code 3701-52-04 Areas where smoking is not regulated
Effective: 7/16/18 – Through: 6/1/23
(A) All areas set forth in section 3794.03 of the Revised Code shall be exempt from the provisions of Chapter 3794. of the Revised Code and this chapter.

(B) In accordance with division (A) of section 3794.03 of the Revised Code, a private residence, except during the hours of operation as a child care facility for compensation, is not subject to Chapter 3794. of the Revised Code or this chapter:

(1) During the hours of operation as a business by a person other than a person residing in the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present; or

(2) In which an individual is employed only on an intermittent basis. This includes, but is not limited to, situations where individuals perform services for the owner of the residence or individuals residing in the residence such as those services performed by plumbers, electricians, remodelers, and housekeepers.

(C) In accordance with division (C) of section 3794.03 of the Revised Code, a family owned place of employment, in which contractors or third parties not under the direction and control of the family owned place of employment are intermittently present, is not subject to Chapter 3794. of the Revised Code or this chapter.

(D) A private residence or portion of a private residence that is licensed or certified by the state or federal government to provide overnight accommodations and supervision or personal care services to unrelated individuals is not subject to Chapter 3794. of the Revised Code or this chapter. Notwithstanding this paragraph, smoking may be prohibited by other applicable laws or rules.

(E) Only to the extent necessary to comply with division (A)(18) of section 3721.13 of the Revised Code, an institution, residence or facility that provides for a period of more than twenty-four hours, whether for profit or not, accommodations to three or more unrelated individuals who are dependent upon the services of others, is not subject to Chapter 3794. of the Revised Code and this chapter. This includes:

(1) A nursing home as defined in section 3721.01 of the Revised Code;

(2) A residential care facility as defined in section 3721.01 of the Revised Code;

(3) The Ohio veteran’s home;

(4) Any facility or part of a facility that is defined as a skilled nursing facility under Title XVIII of the “Social Security Act” 79 Stat. 286 (1965). 42 U.S.C.A. 1395 and 1396;

(5) Any facility defined as a nursing facility as defined in section 5111.20 of the Revised Code; or

(6) A county home or district home operated pursuant to Chapter 5155. of the Revised Code

(F) In accordance with section 3794. of the Revised Code, rule 3701-17-20 of the Administrative Code, and paragraph (E) of this rule:

(1) A designated indoor smoking area, that is separately enclosed and separately ventilated, may be provided for the exclusive use of residents during specific times when the indoor area may be used for smoking. No employees shall be required to accompany a resident into a designated indoor smoking area or perform services in such an area when being used for smoking, unless they have volunteered to do so.

(2) If portions of an institution, residence, or facility are private residences, such as apartments, those private residential portions are governed by rules in this chapter applicable to private residences, unless otherwise prohibited by applicable laws or rules.

(3) Outdoor smoking by residents of institutions, residences or facilities specified in paragraph (E) of this rule is permitted to the extent necessary to comply with division (A)(18) of section 3721.13 of the Revised Code.

(G) Outdoor patios, as defined in paragraph (M) of rule 3701-52-01 of the Administrative Code, that are open to the air.

(H) In accordance with section 3794.03 of the Revised Code, an enclosed space in a laboratory facility at an accredited college or university, when used solely and exclusively for clinical research activities by a person, organization, or other entity conducting institutional review board-approved scientific or medical research related to the health effects of smoking or the use of tobacco products. The enclosed space shall not be open to the public and shall be designed to minimize exposure of nonsmokers to smoke. The program administrator shall annually file a notice of new research with the department of health on a form prescribed by the department.

Cincinnati, Ohio, Board of Health Regulations § 00083-5. – Designation of smoking areas.
Effective: 1/1/86 – Through: 6/1/23
(A) Smoking areas may be designated by proprietors or other persons in charge of places within Section 00083-1(a) through (i), except in places in which smoking is otherwise prohibited by the fire division or by other statute, ordinance, or regulation.

(B) The immediately-preceding subsection shall not be construed to require persons in charge of places within Section 00083-1(a) through (i) to provide smoking areas.

(C) Where smoking areas are designated, existing barriers and functioning ventilation systems shall be used to minimize the irritating and toxic effects of smoke in adjacent non-smoke areas.

(D) No public place within Section 00083-1(a) through (i), other than in a bar, a bar with limited food service, or a bowling establishment shall be designated as a smoking area in its entirety; provided that, if a bar or bowling establishment is designated as a smoking area in its entirety, this designation shall be conspicuously posted on all entrances normally used by the public.

Cincinnati, Ohio, Board of Health Regulations § 00083-1. – Restrictions.
Effective: 1/1/86 – Through: 6/1/23
Except as provided in subsection 00083-3(a) through (i), the possession of lighted smoking materials in any form, including but not limited to the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is prohibited in any of the following places used by or open to the public or serving as a place of work:

(a) Any commercial establishment, including but not limited to retail stores, restaurants, banks, office buildings, and offices;

(b) Any vehicle of public transportation, including but not limited to trains, buses, limousines for hire, taxicabs, and ferries;

(c) Elevators;

(d) Restrooms;

(e) Libraries, educational facilities, museums, auditoriums, and art galleries;

(f) Any public area of a health care facility, health clinics, or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, rest homes, doctors’ offices, and dentists’ offices;

(g) Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theatres, concert halls, bingo halls, arenas, and swimming pools;

(h) Any other enclosed area used by the public or serving as a place of work, including open office landscaping;

(i) Hospitals will accommodate nonsmokers by providing nonsmoking rooms.

Cincinnati, Ohio, Board of Health Regulations § 00083-3. – Exemptions.
Effective: 1/1/86 – Through: 6/1/23
The restrictions of Section 00083-1(a) through (i) shall not apply to:

(a) Areas which are specifically designated as smoking areas in accordance with Section 00083-5 of this regulation;

(b) An entire room or hall which is used for private social functions provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;

(c) Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle;

(d) A private, enclosed office occupied exclusively by smokers, even though such office may be visited by nonsmokers, provided that this exception shall not be construed to permit smoking in the reception areas of lobbies or offices;

(e) Factories, warehouses, and similar places of work not usually frequented by the general public, except that the health commissioner shall establish rules to restrict or prohibit smoking in those places of work where proximity of workers or where inadequate ventilation may cause smoke pollution detrimental to the health, comfort, or convenience of nonsmoking employees;

(f) Performers upon the stage, provided that the smoking is part of a theatrical production;

(g) Designated areas of theatre lobbies;

(h) Shopping malls;

(i) Application of variance. The health commissioner may grant a hearing to an operator and may authorize, in specific cases, such variance from the requirements of this regulation as will not be contrary to the public interest, where the operator shows that because of practical difficulties or other special conditions, their strict application will cause unusual and unnecessary hardship. However, no variance shall be granted that will defeat the spirit and general interest of this regulation or which otherwise would not be in the public interest.