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Ex. DUT-OH-016 Standing duty Primary source read

Statute (effective October 1, 1953, H.B. 1, 100th G.A.)

Powers of department when local authorities fail to act

General Assembly of Ohio (Ohio Revised Code, Chapter 3701) · Ohio (State)

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The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, sec. 1; the police power of the State
Issued
1953-10-01 Oct. 1, 1953
Effective
October 1, 1953 (read as 1953-10-01)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 1, 1953 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationWorkplace rulesStanding duty
Addressees
  • the Director of Health and the officers so appointed; through them, businesses subject to inspection
Character
statutory authority
Collection
Standing duties: Ohio DUT-OH

Operative words

When a contagious or infectious disease becomes or threatens to become epidemic in a municipal corporation or township, and the local authorities neglect or refuse to enforce efficient measures for its prevention, the director of health may appoint a medical or sanitary officer... and authorize him to enforce such orders or regulations as the director deems necessary.

Penalty

The orders enforced carry R.C. 3701.352 and 3701.99(C); the retail-compliance order added closure of the premises for up to twenty-four hours on a notice of violation (Ex. OH-037 para. 9)

What it required

Authorized the Director, in an epidemic, to appoint and empower officers to enforce the Director's orders; the section the Director invoked to designate the Bureau of Workers' Compensation Retail Compliance Unit, local health departments and local law enforcement 'to inspect and enforce this Order as representatives of ODH' (Ex. OH-037 para. 12). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).