SB 264: Enact Megan's Way Out Act

Section 1.

That sections 3781.03 and 3781.99 be amended 6 and section 3781.113 of the Revised Code be enacted to read as 7 follows:

Sec. 3781.03.

(A)

The state fire marshal, the fire chief 9 of a municipal corporation that has a fire department, or the 10 fire chief of a township that has a fire department shall 11 enforce the provisions of this chapter and Chapter 3791. of the 12 Revised Code that relate to fire prevention.

(B)

The superintendent of industrial compliance, or the 14 building inspector or commissioner of buildings in a municipal 15 corporation, county, or township in which the building 16 department is certified by the board of building standards under 17 section 3781.10 of the Revised Code shall enforce in the 18 jurisdiction of each entity all the provisions in this chapter 19 and Chapter 3791. of the Revised Code and any rules adopted ..... 20 pursuant to those chapters that relate to the construction, ..... 21 arrangement, and erection of all buildings or parts of ..... 22 buildings, as defined in section 3781.06 of the Revised Code, ..... 23 including the sanitary condition of those buildings in relation ..... 24 to heating and ventilation, and the construction and design of ..... 25 drive-through lanes, as specified in section 3781.113 of the ..... 26 Revised Code.

(C)

The division of industrial compliance in the ..... 28 department of commerce, boards of health of health districts, ..... 29 certified departments of building inspection of municipal ..... 30 corporations, and county building departments that have ..... 31 authority to perform inspections pursuant to a contract under ..... 32 division (C) (1) of section 3703.01 of the Revised Code, subject ..... 33 to Chapter 3703. of the Revised Code, shall enforce this chapter ..... 34 and Chapter 3791. of the Revised Code and the rules adopted ..... 35 pursuant to those chapters that relate to plumbing. Building ..... 36 drains are considered plumbing for the purposes of enforcement ..... 37 of those chapters.

(D)

(1) In accordance with Chapter 3703. of the Revised ..... 39 Code, the department of the city engineer, in cities having such ..... 40 departments, the boards of health of health districts, or the ..... 41 sewer purveyor, as appropriate, shall have complete authority to ..... 42 supervise and regulate the entire sewerage and drainage system ..... 43 in the jurisdiction in which it is exercising the authority ..... 44 described in this division, including the building sewer and all ..... 45 laterals draining into the street sewers.

(2)

In accordance with Chapter 3703. of the Revised Code, ..... 47 the department of the city engineer, the boards of health of ..... 48 health districts, or the sewer purveyor, as appropriate, shall ..... 49 control and supervise the installation and construction of all ..... 50 drains and sewers that become a part of the sewerage system and ..... 51 shall issue all the necessary permits and licenses for the ..... 52 construction and installation of all building sewers and of all ..... 53 other lateral drains that empty into the main sewers. The ..... 54 department of the city engineer, the boards of health of health ..... 55 districts, and the sewer purveyor, as appropriate, shall keep a ..... 56 permanent record of the installation and location of every drain ..... 57 and sewer of the drainage and sewerage system of the ..... 58 jurisdiction in which it has exercised the authority described ..... 59 in this division.

(E)

This section does not exempt any officer or department ..... 61 from the obligation to enforce this chapter and Chapter 3791. of ..... 62 the Revised Code.

Sec. 3781.113.

(A)

As used in this section:

(1)

"Drive-through financial institution" means a ..... 65 financial institution that has one or more driving lanes on the ..... 66 exterior of its permanent building site that allow a customer to ..... 67 conduct financial transactions from inside the customer's ..... 68 vehicle rather than conducting those transactions inside the ..... 69 building.

(2)

"Drive-through pharmacy" means a pharmacy that has one ..... 71 or more driving lanes on the exterior of its permanent building ..... 72 site that allow a customer to drop off or pick up prescriptions ..... 73 while remaining inside the customer's vehicle rather than ..... 74 conducting those transactions inside the building.

(3)

"Drive-through restaurant" means a food service ..... 76 operation or retail food establishment, as those terms are ..... 77 defined in section 3717.01 of the Revised Code, that has one or ..... 78 more driving lanes on the exterior of its permanent building ..... 79 site that allow a customer to order, pay for, and pick up food ..... 80 or beverages while remaining inside the customer's vehicle ..... 81 rather than conducting those transactions inside the building. ..... 82

(4)

"Drive-through facility" means a drive-through ..... 83 financial institution, a drive-through pharmacy, and a drive- ..... 84 through restaurant. ..... 85

(5)

"Financial institution" has the same meaning as in ..... 86 section 122.39 of the Revised Code. ..... 87

(6)

"Pharmacy" has the same meaning as in section 4729.01 ..... 88 of the Revised Code. ..... 89

(7)

"Vehicle" and "public safety vehicle" have the same ..... 90 meanings as in section 4511.01 of the Revised Code. ..... 91

(B)

(1) Except as provided in division (D) of this section, ..... 92 on and after the effective date of this section, all new ..... 93 construction of a drive-through facility shall meet the minimum ..... 94 requirements specified in division (C) of this section. ..... 95

(2)

Except as provided in division (D) of this section, ..... 96 any business with a drive-through facility that undergoes major ..... 97 renovations, expansion, or redevelopment to either its permanent ..... 98 building or to its parking areas on and after the effective date ..... 99 of this section shall meet the minimum requirements specified in ..... 100 division (C) of this section. ..... 101

(C)

(1) In accordance with division (B) of this section, ..... 102 the owner of a drive-through facility shall ensure that any ..... 103 drive-through lane serving the facility's customers has an ..... 104 adjacent by-pass lane that allows for both of the following: ..... 105

(a)

The operator of a vehicle in the drive-through lane to ..... 106 drive the vehicle out of the drive-through lane and into the by- ..... 107 pass lane in order to exit the property;

(b)

The operator of a public safety vehicle to drive ..... 109 alongside or close to any vehicle in the drive-through lane in ..... 110 order to respond to an emergency related to an operator or ..... 111 passenger of that vehicle.

(2)

A by-pass lane shall meet the following minimum ..... 113 standards: ..... 114

(a)

Be not less than ten feet wide without obstructions; ..... 115

(b)

Contain adequate vertical and horizontal clearance for ..... 116 standard passenger vehicles and public safety vehicles; ..... 117

(c)

Include clear, visible signage to alert vehicle ..... 118 operators to the presence and direction of the by-pass lane; ..... 119

(d)

Be designed so as to not obstruct pedestrian pathways, ..... 120 fire lanes, public safety vehicle access to the permanent ..... 121 building, or accessible parking spaces or routes for persons ..... 122 with disabilities.

(D)

Divisions (B) and (C) of this section do not apply to ..... 124 either of the following:

(1)

A drive-through facility built prior to the effective ..... 126 date of this section to which either of the following apply: ..... 127

(a)

There is insufficient space adjacent to the drive- ..... 128 through lane to create a by-pass lane on the property on which ..... 129 the drive-through facility is located. ..... 130

(b)

Compliance with this section would force the owner of ..... 131 the drive-through facility to close or relocate the business at ..... 132 which the drive-through facility is located. ..... 133

(2)

A drive-through facility where the drive-through lane ..... 134 passes through the physical permanent structure, including a ..... 135 facility that has been issued either a C-1, C-2, or C-2x permit ..... 136 under Chapter 4303. of the Revised Code. ..... 137

(E)

Nothing in this section shall be interpreted as an ..... 138 exemption from the requirements of the "Americans with ..... 139 Disabilities Act of 1990," 42 U.S.C.A. 12101. ..... 140

Sec. 3781.99.

(A)

Whoever violates division (E) of section ..... 141 3781.111 of the Revised Code shall be issued a warning for a ..... 142 first offense. On each subsequent offense, the person shall be ..... 143 fined twenty-five dollars for each parking location that is not ..... 144 properly marked or whose markings are not properly maintained. ..... 145

(B)

Whoever violates this chapter or any rule adopted or ..... 146 order issued pursuant to it that relates to the construction, ..... 147 alteration, or repair of any building or the construction and ..... 148 design of drive-through lanes under section 3781.113 of the ..... 149 Revised Code, and the violation is not detrimental to the ..... 150 health, safety, or welfare of any person shall be fined not more ..... 151 than one hundred dollars. ..... 152

(C)

Whoever violates this chapter or any rule adopted or ..... 153 order issued pursuant to it that relates to the construction, ..... 154 alteration, or repair of any building or the construction and ..... 155 design of drive-through lanes under section 3781.113 of the ..... 156 Revised Code, and the violation is detrimental to the health, ..... 157 safety, or welfare of any person, is guilty of a minor ..... 158 misdemeanor. ..... 159

S. B. No. 264

As Introduced

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