Box v. City of Cleveland Board of Building Standards & Building Appeals

Cuyahoga County Common Pleas Court

Box v. City of Cleveland Board of Building Standards & Building Appeals

238 N.E.2d 578, 15 Ohio Misc. 17, 43 Ohio Op. 2d 143, 1968 Ohio Misc. LEXIS 279

CourtCuyahoga County Common Pleas Court

DecidedJanuary 19, 1968

DocketNos. 822796, 828803, 843622

StatusPublished

This text of 238 N.E.2d 578 (Box v. City of Cleveland Board of Building Standards & Building Appeals) is published on Counsel Stack Legal Research, covering Cuyahoga County Common Pleas Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Box v. City of Cleveland Board of Building Standards & Building Appeals, 238 N.E.2d 578, 15 Ohio Misc. 17, 43 Ohio Op. 2d 143, 1968 Ohio Misc. LEXIS 279 (Ohio Super. Ct. 1968).

Pincite

Opinion

McMonagle, J.

The above caption appeals have been heretofore ordered tried together. At the first hearing in this court it was agreed by counsel for all parties, that the decision of the court in case No. 822796, Ernest C. Box, et al., etc., appellant, v. the City of Cleveland, Board of Building Standards and Building Appeals, appellee, shall be dispositive of all three appeals. The appellant will be referred to as Box, the appellee City of Cleveland, Board of Building Standards and Building Appeals as the Board, and the Director and/or the Department of Health of the state of Ohio, appellee, as State.

Each of the appeals is concerned with or related to the efforts of Box to procure the approval and/or licensing of its two buildings located at 8909-9007 Detroit Avenue, Cleveland, Ohio, for their continued use as a “home” under the provisions of Chapter 3721, Revised Code, and as defined in Section 3721.01, Revised Code.

Box has operated a so-called nursing home at 8909-9007 Detroit Avenue since about 1941. The record indicates that this operation was conducted with the approval of the city of Cleveland and under licenses issued by State.

Practically all of the persons cared for by Box have been placed with it by the Division of Aid for the Aged of the Welfare Department of the state of Ohio or by the Welfare Department of Cuyahoga County. Females are housed in the building on 8909 Detroit Avenue, and males are housed at 9007 Detroit Avenue.

Portions of the following statutes of the Revised Code of Ohio are pertinent to the within actions:

Chapter 3721: Rest Homes; Nursing Homes.

3721.01 Definitions and classification.

[19]*19As used in Sections 3721.01 to 3721.09, inclusive, and 3721.99 of the Revised Code, “home” means an institution, residence, facility, or other place, part, or unit thereof, however named, in this state which is advertised, offered, maintained, or operated by the ownership, or management, for a period of more than twenty-four hours, whether for a consideration or not, for the express or implied purpose of providing accommodations and personal assistance, or which does in fact provide accommodations and personal assistance, to three or more persons, who are dependent upon the services of others, or which provides skilled nursing and dietary care for persons who are ill or otherwise incapacitated, or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation, and which is not a “hospital” as defined under Section 3701.07 of the Revised Code nor a public hospital or hospital as defined in Section 5122.01 of the Revised Code. Individuals who are related to the owner or operator by blood or marriage within the third degree of consanguinity are excepted from the provisions of this section.

Such homes are classified as follows:

(A) A nursing home is any home used for the reception and care, for a consideration or not, of three or more persons who by reason of illness, physical or mental impairment require skilled nursing care. A nursing home is licensed to provide personal assistance as required and skilled nursing care. Skilled nursing care means those procedures commonly employed in providing for the physical, emotional, and rehabilitation needs of the ill or otherwise incapacitated which require technical skills and knowledge beyond that which the untrained person possesses, including without limitation procedures such as: irrigations, catheterizations, application of dressings, and supervision of special diets; objective observation of changes in patient condition as a means of analyzing and determining nursing care required and the need for further medical diagnosis and treatment; special procedures contributing to rehabilitation ; administration of medication by any method ordered by a physician such as hypodermically, rectally, or [20]*20orally; and carrying out other treatments prescribed by the physician which involve a like level of complexity and skill in administration.

A nursing home may admit persons not requiring skilled nursing care.

(B) A rest home is any home which provides personal assistance, for a consideration or not, for three or more persons who are dependent on the services of others by reason of age or physical or mental impairment but who do not require skilled nursing care. A rest home is licensed to provide accommodations and personal services which may include any of the following: help in walking, in bathing, in dressing, in feeding, or in getting in or out of bed, or supervision required because of the age or mental impairment of the residents. Mental impairment excludes mental illness as defined in Section 5122.01 of the Revised Code and mental retardation as defined in Section 5125.011 of the Revised Code. A rest home may not admit or keep residents requiring skilled nursing care.

(C) A home for the aging is any home which provides personal assistance, for a consideration or not, for three or more persons who are dependent on the services of others by reason of age and physical or mental impairment, but do not require skilled nursing care, and which also provides skilled nursing care, for a consideration or not, for three or more persons who by reason of age and either illness, physical or mental impairment require skilled nursing care. That facility, part, or unit thereof, that provides personal assistance is licensed as a rest home pursuant to Sections 3721.01 to 3721.09, inclusive, and Section 3721.99 of the Revised Code. That facility, part, or unit thereof, that provides skilled nursing care is licensed as a nursing home pursuant to Sections 3721.01 to 3721.09, inclusive, and Section 3721.99 of the Revised Code.

(D) The public health council may further classify such homes.

Nothing contained in Sections 3721.01 to 3721.09, inclusive, of the Revised Code, or the rules and regulations adopted pursuant thereto, shall be construed as authorizing the supervision, regulation, or control of the spiritual care [21]*21or treatment of residents or patients in any home who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious denomination.

3721.02 Licensing by director of health; delegation of licensing authority; inspection; distribution of fees.

The director of health shall license homes defined in Section 3721.01 of the Revised Code and shall establish procedures to be followed in inspecting and licensing such homes. Each home shall be inspected by the director at least once in each calendar year commencing in the first full calendar year after the date of the issuance of a license. The department of industrial relations, a certified municipal or county building department, or the state fire marshal shall also inspect a home when requested by the director. The director of health may delegate his authority and duties under Chapter 3721. of the Revised Code to any division, bureau, agency, or official of the department of health or to the board of health or other health authority of a city or general health district. All fees collected by the director for the issuance or renewal of licenses are to be deposited in the state treasury to the credit of the nursing and rest home license fee rotary fund created by this section. The moneys credited to this fund are to be distributed in the following maimer:

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