OHIO 
PUBLIC HEALTH MANUAL 
Part I 
OHIO GENERAL CODE SECTIONS 
Affecting or of Interest to Health Officials 
Part II 
OHIO SANITARY CODE REGULATIONS 
Adopted by the Ohio Public Health Council 
Published and Distributed by the 
OHIO DEPARTMENT OF HEALTH 
R. H. MARKWITH, M.D. 
Director of Health 
Columbus, Ohio THE HEER PRINTING COMPANY 
COLUMBUS, OHIO 
1944 
Bound at the State Bindery OHIO PUBLIC HEALTH MANUAL 
FOREWORD 
Publication of a Public Health Manual, containing the statutory 
law relating to the powers and duties of the Ohio Department of 
Health and the boards of health and officials of city and general 
health districts and the regulations constituting the Ohio Sanitary 
Code as adopted by the Public Health Council, is required by Sections 
154-66 and 1236-1, of the Ohio General Code. 
This Manual is divided into two parts: 
Part I, contains the sections of the General Code known as the 
Administrative Procedure Act and statutes providing for the creation 
and organization of a state department of health and of city and 
general health districts and prescribing their powers and duties; also 
such other sections of the statutes as relate, directly or indirectly, to 
public health and sanitation of which health officials should have 
knowledge, as their work brings them into contact with the subject 
matter of the statutes and with the state or local agencies whose 
responsibility it is to administer these laws. 
Part II, contains the regulations adopted by the Public Health 
Council of the Department of Health under the rule-making power 
granted generally by Section 1235, paragraph (a), General Code, as 
follows; 
“It shall be the duty of the public health council and it 
shall have the power: 
(a) To make and amend sanitary regulations to be of 
general application throughout the state. Such sanitary 
regulations shall be known as the sanitary code.” 
Authority is also given in other sections of the statutes to adopt 
regulations concerning particular matters affecting the administra- 
tion of public health procedures. Regulations adopted by the Public 
Health Council have the force and effect of statutory law, and a 
penalty, fixed by law, can be invoked for failure or refusal to comply 
with the provisions of such regulations. 
The arrangement and content of this Manual is quite different 
from any previous edition and omissions and errors are to be 
expected. The director of health will be grateful if such omissions 
and errors are brought to his attention so that corrections may be 
made in future editions. 
Previous editions of the Public Health Manual have been distrib- 
uted without cost to health officials, libraries, and to other persons 
evidencing a need for its use. However, for the present volume, a 
charge must be made, as Section 154-66, of the General Code, pro- 
vides : “Such book or pamphlet shall be furnished to any person who 
requests it upon payment of a charge not to exceed the actual cost 
of printing said book or pamphlet.” 
r* 
0 OHIO PUBLIC HEALTH MANUAL 
Part 1 
GENERAL CODE SECTIONS 
Sec. 154-1. (Powers of governor; powers of other officers.) 
In order that the governor may exercise the supreme executive 
power of the state vested in him by the constitution and adequately 
perform his constitutional duty to see that the laws are faithfully 
executed, the administrative functions of the state are organized as 
provided in this chapter. 
All powers vested in and duties imposed upon the lieutenant 
governor, the secretary of state, the auditor of state, the treasurer 
of state and the attorney general by the constitution and the laws 
shall continue except as otherwise provided by this chapter. (109 
v. 105.) 
Sec. 154-2. (Definition of terms.) As used in this chapter: 
“Department” means the several departments of state adminis-' 
tration enumerated in section 154-3 of the General Code. 
“Division” means a part of a department established as provided 
in section 154-8 of the General Code, for the convenient performance 
of one or more of the functions committed to a department by this 
chapter. 
The phrase “departments, offices and institutions” includes every 
organized body, office and agency established by the constitution and 
laws of the state for the exercise of any function of the state gov- 
ernment, and every institution or organization which receives any 
support from the state. (109 v. 105). 
Sec. 154-3. (Administrative departments created.) The follow- 
ing administrative departments are created: 
The department of health, which shall be administered by the 
director of health, hereby created; 
The director of each department shall, subject to the provisions 
of this act, exercise the powers and perform the duties vested by 
law in such department. (116 v. 511.) 
7 8 
Sec. 154-4. (Appointment of directors.) Each director whose 
office is created by section 154-3 of the General Code shall be 
appointed by the governor by and with the advice and consent of the 
senate, and shall hold his office during the pleasure of the governor; 
except the director of health who shall be appointed by the governor, 
by and with the advice and consent of the senate, from a list giving 
the names and qualifications of not less than six physicians, which 
list has been certified to him by the public health council. (118 v. 387.) 
Sec. 154-5. (Assistant directors; vacancies.) In each depart- 
ment there shall be an assistant director, who shall be designated 
by the director to fill one of the offices within such department, 
enumerated in section 154-6 of the General Code, or as the head of 
one of the divisions created within such department as authorized by 
section 154-8 of the General Code. When a vacancy occurs in the 
office of director of any department, the assistant director thereof 
shall act as director of the department until such vacancy is filled. 
(109 v. 106.) 
Sec. 154-7. (Appointment of officers; term.) The officers men- 
tioned in sections 154-5 and 154-6 of the General Code shall be 
appointed by the director of the department in which their offices 
are respectively created, and shall hold office during the pleasure of 
such director. (109 v. 107.) 
Sec. 154-8. (Supervision and control of officers; establishment 
of divisions; consolidation or creation of new offices authorized; 
regulations may be prescribed.) The officers mentioned in sections 
154-5 and 154-6 of the General Code shall be under the direction, 
supervision and control of the directors of their respective depart- 
ments, and shall perform such duties as such directors shall prescribe. 
With the approval of the governor, the director of each depart- 
ment shall establish divisions within his department, and distribute 
the work of the department among such divisions. (*) Each officer 
created by section 154-6 of the General Code shall be the head of 
such a division. 
With the approval of the governor, the director of each depart- 
ment shall have authority to consolidate any two or more of the 
offices created in his department by section 154-6 of the General 
Code, or to reduce the number of or create new divisions therein. 
The director of each department may prescribe regulations, not 
inconsistent with law, for the government of his department, the 
conduct of its employes, the performance of its business and the 
(*) See paragraph (d), Sec. 1235 G. C. (118 v. 388). 9 
custody, use and preservation of the records, papers, books, docu- 
ments and property pertaining thereto. (109 v. 107.) 
Sec. 154-12. Director of health, qualifications.) The director 
of health shall be a physician holding a degree of doctor of medicine 
from a medical college approved by the state medical board and 
who, before assuming his duties, shall have been licensed to practice 
medicine in the state of Ohio. He shall have had experience in 
pursuing some phase of medical practice, and additional experience 
in public health administration. The term of office of the director of 
health shall be five years and he shall be removed only for incom- 
petence or gross neglect of duty. (118 v. 387.) 
Sec. 154-14. (Bond and oath of office; bond may be required of 
employe.) Each officer whose office is created by sections 154-3, 154-5 
and 154-6 of the General Code shall, before entering upon the duties 
of his office, take and subscribe an oath of office as provided by law 
and give bond, conditioned according to law, with security to be 
approved by the governor in such penal sum as shall be fixed by the 
governor, not less in any case than ten thousand dollars. Such bond 
and oath shall be filed in the office of the secretary of state. 
The director of each department may, with the approval of the 
governor, require any chief of a division created under the authority 
of this chapter, or any officer or employe in his department, to give 
like bond in such amount as the governor may' prescribe. The 
premium, if any, on any bond required or authorized by this section 
may be paid from the state treasury. (120 v. H. 217. Eff. September 
16, 1943O 
Sec. 154-15. (Advisory boards may be provided.) The director 
of each department may, with the approval of the governor, establish 
and appoint advisory boards to aid in the conduct of the work of his 
department or any division or divisions thereof. Such advisory 
boards shall exercise no administrative function, and their members 
shall receive no compensation, but may receive their actual and 
necessary expenses. (109 v. 108.) 
Sec. 154-16. (Officers shall devote entire time and hold no other 
office.) Each officer whose office is created by sections 154-3, 154-5 
and 154-6 of the General Code, shall devote his entire time to the 
duties of his office, and shall hold no other office or position of profit. 
In addition to his salary provided by law, each such officer and each 
member of the boards and commissions in the departments created 
by this chapter shall be entitled to his actual and necessary expenses 
incurred in the performance of his official duties. (109 v. 109.) 10 
Sec. 154-17. (Central office shall be in Columbus.) Each depart- 
ment shall maintain a central office in the city of Columbus. The 
director of each department may, in his discretion and with the 
approval of the governor, establish and maintain, at places other 
than the seat of government, branch offices for the conduct of any 
one or more functions of his department. (109 v. 109.) 
Sec. 154-18. (Seal for each department; specifications; journals 
and records.) Each department shall adopt and keep an official seal, 
which shall have engraved thereon the coat of arms of the state as 
described in section thirty of the General Code, shall be one and 
three-fourths inches in diameter, and shall be surrounded by the 
proper name of the department, to which may be added the title of 
any division, board or commission within the department, if the 
director of the department shall so prescribe. Such seal may be 
affixed to any writs and authentications of copies of records and 
official papers, and to such other instruments as may be authorized 
by law or prescribed by the proper authority in any department to 
be executed. When so authenticated, any copy of such record, official 
paper, or other instrument shall be received in evidence in any court 
in lieu of the original. 
Each department shall provide for the keeping, within such 
department, of such records and journals as may be necessary to 
exhibit its official actions and proceedings. (109 v. 109.) 
Sec. 154-19. (Employment subject to civil service laws.) Each 
department is empowered to employ, subject to the civil service laws 
in force at the time the employment is made, the necessary em- 
ployes, and, if the rate of compensation is not otherwise fixed by 
law, to fix their compensation. Nothing in this chapter shall be 
construed to amend, modify or repeal the civil service laws of the 
state except as herein expressly provided. 
All offices created by sections 154-5 and 154-6 of the General 
Code shall be in the unclassified civil service of the state. (109 v. 
109.) 
Sec. 154-20. (Daily hours of service by employes; two weeks’ 
absence, on pay, each year.) All employes in the several departments 
except the state highway department shall render not less than eight 
hours of labor each day. Saturday afternoons, Sunday and days 
declared by law to be holidays excluded, except in cases in which, in 
the judgment of the director, the public service will thereby be 
impaired. Each employe in the several departments shall be entitled 
during each calendar year to fourteen days leave of absence with full 
pay. In special and meritorious cases where to limit the annual leave II 
to fourteen days in any one calendar year would work peculiar hard- 
ship, it may, in the discretion of the director of the department, be 
extended. No employe in the several departments, employed at a 
fixed compensation, shall be paid for any extra services, unless 
expressly authorized by law. (117 v. 906.) 
Sec. 154-21. (Cooperation and coordination of work under 
direction of governor.) Under the direction of the governor, the 
directors of departments shall devise a practical and working basis 
for cooperation and coordination of work and for the elimination of 
duplication and overlapping functions. They shall, so far as practi- 
cable, cooperate with each other in the employment of services and 
the use of quarters and equipment. The director of any department 
may empower or require an employe of another department, subject 
to the consent of the superior officer of the employe, to perform any 
duty which he might require of his own subordinates. (109 v. no.) 
Sec. 154-22. (Report by each department.) Each department 
shall make and file a report of its transactions and procedings at the 
time and in the manner prescribed by section 2264-1 of the General 
Code. (109 v. no.) 
Sec. 154-23. (Power to inspect, examine, etc.) Whenever power 
is vested in any of the departments created by this chapter, or in any 
other state department, board or commission, to inspect, examine, 
secure data or information, or to procure assistance from another 
department, office or institution, a duty is hereby imposed upon the 
department, office or institution, upon which demand is made, whether 
created by this chapter or otherwise, to make such power effective. 
(109 v. no.) 
Sec. 154-24. (Rights, powers and duties heretofore vested or 
exercised by board, officer, commission, etc., transferred. Rights, 
powers, duties, etc., of persons, firms, corporations, etc.) Whenever 
rights, powers or duties which have heretofore been vested in or 
exercised by any officer, board, commission, institution or depart- 
ment, or any deputy, inspector or subordinate officer thereof, are, by 
this chapter, transferred, either in whole or in part, to or vested in a 
department created by this chapter, or any other department, office 
or institution, such rights, powers and duties shall be vested in, and 
shall be exercised by the department, office or institution to which 
the same are hereby transferred, and not otherwise; and every act 
done in the exercise of such rights, powers and duties shall have the 
same legal effect as if done by the former officer, board, commission, 
institution or department, or any deputy, inspector, or subordinate 12 
officer thereof. Every person, firm and corporation shall be subject 
to the same obligations and duties and shall have the same rights 
arising from the exercise of such rights, powers and duties as if such 
rights, powers and duties were exercised by the officer, board, com- 
mission, department or institution, or deputy, inspector or sub- 
ordinate thereof, designated in the respective laws which are to be 
administered by departments created by this chapter. Every person, 
firm and corporation shall be subject to the same penalty or pen- 
alties, civil or criminal, for failure to perform any such obligation or 
duty, or for doing a prohibited act, as if such obligation or duty arose 
from, or such act were prohibited in, the exercise of such right, power 
or duty by the officer, board, commission or institution, or deputy, 
inspector or subordinate thereof, designated in the respective laws 
which are to be administered by departments created by this chap- 
ter. Every officer and employe shall, for any offense, be subject to 
the same penalty or penalties, civil or criminal, as are prescribed by 
existing law for the same offense by any officer or employe whose 
powers or duties devolve upon him under this chapter. (109 v. no.) 
Sec. 154-25. (Service of notice and making reports.) Wherever 
reports or notices are now required to be made or given, or papers 
or documents furnished or served by any person to or upon any 
officer, board, commission or institution, or deputy, inspector or sub- 
ordinate thereof, abolished by this chapter, the same shall be made, 
given, furnished, or served in the same manner to or upon the depart- 
ment, office or institution upon which are devolved by this chapter 
the rights, powers and duties now exercised or discharged by such 
officer, board, commission or institution, or deputy, inspector or sub- 
ordinate thereof; and every penalty for failure so to do shall continue 
in effect. (109 v. m.) 
Sec. 154-43. (Department of health, powers and duties.) The 
department of health shall have all powers and perform all duties 
vested by law in the state department of health, the commissioner of 
health, the public health council, or in the commissioner of health 
and the public health council acting- jointly or otherwise, and the 
state inspector of plumbing; and also those vested in the secretary 
of state and the state registrar of vital statistics with respect to the 
registration of vital statistics as provided in sections one hundred 
and ninety-seven to two hundred and thirty-four, both inclusive,* 
of the General Code. (109 v. 120.) 
(*) These sections repealed, 119 v. 126. Substituted therefor are G. C. sections 
1261-44 to 1261-68, both inclusive, 119 v. 116. Effective April 30, 1941. 13 
Sec. 154-44. (Public health council.) The public health council 
provided for by section 1234 of the General Code shall continue to 
exist in the department of health as hereby created, and shall exer- 
cise all powers vested in it by law. (118 v. 387.) 
Sec. 154-61. (Administrative procedure act.) This act, com- 
prising- sections 154-61 to 154-73 of the General Code, shall be known 
and may be cited as the administrative procedure act. (120 v. S. 36. 
Eff. September 3, 1943.) 
Sec. 154-62. (Definitions.) The following words when used in 
this act shall have the meanings respectively ascribed to them in this 
section: 
“Agency” means and includes any administrative or executive 
officer, department, division, bureau, board or commission of the 
government of the state of Ohio having the authority or respon- 
sibility of issuing, suspending, revoking or cancelling licenses. It 
shall not mean and include the public utilities commission of Ohio. 
Any function of an office, department, division, bureau, board or 
commission which does not pertain to the issuing, suspending, revok- 
ing or cancelling of licenses, shall not be subject to the provisions of 
this act. This act shall not apply to actions of the superintendent of 
banks, the superintendent of building and loan associations and the 
superintendent of insurance in the taking possession and liquidation 
of banks, building and loan associations, and insurance companies 
and associations, nor to any action that may be taken by the superin- 
tendent of banks under the provisions of sections 710-19, 7io-88a and 
/lo-io/a of the General Code. 
“License” means and includes any license, permit, certificate, 
commission or charter issued by any agency. 
“Rule” means and includes any rule, regulation and standard 
concerning the licensing of, issuing of licenses to applicants, re- 
registering of or the conduct of licensees and the revocation or 
suspension of licenses of licensees, having a general and uniform 
operation, adopted, promulgated and enforced by any agency under 
the authority of the laws governing such agency, but it does not 
include regulations concerning internal management of the agency 
which do not affect private rights. 
“Hearing” means a public hearing by any agency in compliance 
with procedural safeguards afforded by the provisions of this act. 
“Person” means and includes person, firm, corporation, associa- 
tion or partnership. 
“Appeal” means and includes the procedure by which a person 14 
aggrieved by an order of any agency, invokes the jurisdiction of the 
court of common pleas. (120 v. S. 36. Eff. September 3, 1943.) 
Sec. 154-63. (Adoption, amendment and recission of rules.) 
Every agency authorized by law to adopt, amend or rescind rules 
shall comply with the procedure prescribed in this act for the adop- 
tion, amendment or rescission of rules. Unless otherwise specifically 
provided by law, the failure of any agency to comply with such 
procedure shall invalidate any such rule or amendment hereafter 
adopted, or the rescission of any rule. No agency shall adopt any rule 
which is inconsistent with the constitution of the United States, the 
constitution of the state of Ohio or any law of this state. (120 v. S. 
36. Eff. September 3, 1943.) 
Sec. 154-64. (Procedure; emergency rules.) In the adoption, 
amendment or rescission of any rule the agency shall comply with the 
following procedure: 
(a) Reasonable public notice pursuant to rule adopted by such 
agency as hereinafter provided, shall be given at least thirty days 
prior to the date set for a hearing, in such manner and form and for 
such length of time as the agency shall determine and shall include: 
A statement of the agency’s intention to consider adopting, amending 
or rescinding a rule; a synopsis of the proposed rule, amendment, or 
rule to be rescinded; and the date, time and place of a hearing on 
said proposed action. In addition to such public notice the agency 
may give whatever other notice it deems necessary. Within ninety 
days after the effective date of this act each agency shall adopt a rule 
setting forth in detail the method which such agency shall thereafter 
follow in giving public notice as to the adoption, amendment or 
rescission of rules. 
(b) The full text of the proposed rule, amendment or rule to be 
rescinded shall be filed with the secretary of state at least thirty 
days prior to the date set for the hearing and shall be available at 
the office of the agency in printed or other legible form without 
charge to any person affected by such proposal. Failure to furnish 
such text to any person requesting it, shall not invalidate any action 
of the agency in connection therewith. 
(c) On the date and at the time and place designated in the 
notice the agency shall conduct a public hearing at which any person 
affected by the proposed action of the agency may appear and be 
heard. 
(d) After complying with the foregoing provisions as to any 
proposed rule, amendment or rescission, the agency may issue an 
order adopting such proposed rule, amendment or rescission, and at i5 
that time shall designate the effective date thereof which shall be not 
earlier than the tenth day after said rule, amendment or rescission 
shall have been filed in its final form with the secretary of state as 
hereinafter provided. No rule shall be amended after the effective 
date of this act except by a new rule which shall contain the entire 
rule as amended, and shall repeal the rule amended. 
(e) Prior to the effective date of a rule, amendment or rescission 
thereof the agency shall make such effort as it deems reasonable to 
inform those affected thereby and to have available for distribution 
to those requesting it the full text of the rule as adopted or as 
amended. 
(f) If the governor, upon request of an agency, determines that 
an emergency requires the immediate adoption, amendment or 
rescission of a rule, he shall issue a written order, a copy of which 
shall be filed with the secretary of state, that the procedure herein 
prescribed with respect to the adoption, amendment or rescission of 
a specified rule be suspended and the agency may then adopt im- 
mediately said emergency rule, amendment or rescission and the 
same may be made to become effective on the date it is certified to 
and filed with the secretary of state as hereinafter provided. How- 
ever, any such emergency rule, amendment or rescission shall become 
invalid at the end of the sixtieth day after the filing thereof with 
the secretary of state unless prior to that date the agency shall have 
complied with the procedure herein prescribed for the adoption, 
amendment and rescission of rules. If said agency fails to adopt said 
rule, amendment or rescission in conformity with the procedure 
herein prescribed within the said sixty day period the emergency 
rule shall become inoperative forthwith. (120 v. S. 36. Eff. September 
3> I943-) 
Sec. 154-65. (Effective date of rules.) Rules on file with the 
secretary of state when this act becomes effective shall continue in 
effect, and any rule which is not on file with that officer shall cease 
to be effective. 
No rule adopted by an agency after the effective date of this act 
shall be effective before the tenth day after a certified copy thereof 
in final form shall have been filed with the secretary of state. The 
amendment or the rescission of any rule shall likewise be ineffective 
unless promulgated in the same manner. An emergency rule, amend- 
ment or rescission adopted as authorized in the next preceding 
section may become effective on the date of filing with the secretary 
of state; otherwise a rule, amendment or rescission of a rule shall 
become effective the tenth day after filing with the secretary of i6 
state unless the agency in the adoption thereof has designated a 
later date. 
It shall be the duty of the secretary of state to maintain 
currently and preserve in an accessible manner all rules filed by the 
various agencies. The files wherein such rules are kept shall be 
properly indexed and open for public inspection. (120 v. S. 36. Eff. 
September 3, 1943.) 
Sec. 154 66. (Duty to compile and publish rules.) It shall be 
the duty of each agency to compile currently, publish, and at all 
times have available for distribution in book or pamphlet form all 
laws administered by it, all rules of general and uniform operation 
promulgated by it, and those sections of the General Code compris- 
ing the administrative procedure act with which the agency is 
required to comply. Such book or pamphlet shall be furnished to 
any person who requests it upon payment of a charge not to exceed 
the actual cost of printing said book or pamphlet. Failure to furnish 
such book or pamphlet shall not invalidate any action of the agency. 
(120 v. S. 36. Eff. September 3, 1943.) 
Sec. 154 67. (Admission to examination; issuance, renewal or 
denial of license.) Any order of an agency denying an applicant 
admission to an examination or denying the issuance or renewal of a 
license, registration of a license, or revoking or suspending a license, 
shall be ineffective unless said agency is specifically authorized by 
law to make such order and unless a hearing has been afforded as 
required by this act or other law. 
Each agency, where it claims that a person is required by statute 
to obtain a license shall afford that person a hearing if he claims 
that the law does not impose such requirement. 
Every agency shall afford a hearing prior to the revocation of 
any license unless the right to a hearing is waived by the licensee 
or the agency is required by statute to revoke a license pursuant to 
the judgment of a court. 
Every agency shall afford a hearing prior to the suspension of 
any license unless a statute specifically provides that the hearing 
may be after such suspension or the right to a hearing is waived by 
the licensee or a statute requires the agency to suspend a license 
pursuant to the judgment of a court. 
Every agency shall afford a hearing upon the request of any 
person who has been refused admission to an examination where 
such examination is a prerequisite to the issuance of a license unless 
a hearing was held prior to such refusal. 
Every agency shall afford a hearing upon the request of a person 17 
whose application for a license has been rejected and to whom the 
agency has refused to issue a license, whether the same be a renewal 
or a new license, unless a hearing was held prior to the refusal to 
issue such license. 
Where periodic registration of licensees is required by law the 
agency shall afford a hearing upon the request of any licensee whose 
registration has been denied, unless a hearing was held prior to 
such denial. 
No licensee shall be required to discontinue the operation of a 
business or profession because of the failure of an agency to accept 
or reject said licensee’s application for a new license of the same 
type or class, or renewal of an existing license, or application for 
registration, prior to the expiration of the license held by said 
licensee at the time said application was made where said application 
was filed with the agency within the time and in the manner pro- 
vided by statute or rule of the agency. (120 v. S. 36. Eff. September 
3> I943-) 
Sec. 154-68. (Hearings.) Except in a case where a statute 
specifically permits a hearing after a suspension and in a case where 
a statute provides for an automatic termination of a license, an 
agency shall give notice to the licensee or applicant of a hearing 
prior to the revocation, suspension, refusal to issue or renew a 
license, register a licensee, or refusal to admit to an examination. 
Such notice shall be given by registered mail, return receipt re- 
quested, at least fifteen days before the date of such hearing and 
shall include: the charges against said licensee or applicant or other 
reasons for such proposed action; the law or rule of the agency the 
licensee or applicant is alleged to have violated, if any; the date, 
time and place of the hearing; and the statement that said licensee 
or applicant may be present thereat in person, by his attorney, or 
both, or may present his position, arguments or contentions in writ- 
ing and at said hearing may present evidence and examine witnesses 
appearing for and against him. 
Where the statutes specifically permit a hearing subsequent to a 
suspension of a license, notice of the agency’s order in suspending 
the license shall be sent to such licensee by registered mail, return 
receipt requested, not later than the business day next succeeding 
such order. Such notice shall state the reasons for the agency’s 
action, cite the law or rule of the agency the licensee is alleged to 
have violated, and state that said licensee will be afforded a hearing 
upon request. If within ten days after receipt of said notice the 
licensee requests a hearing the agency shall immediately set the i8 
date, time and place for such hearing and forthwith notify the 
licensee thereof. The date set for such hearing shall be within 
fifteen days, but not earlier than seven days, after the licensee has 
requested a hearing, unless otherwise agreed to by both the agency 
and the licensee. In the notice giving the date, time and place of 
hearing the agency shall inform said licensee that he may be. present 
at said hearing in person, by his attorney, or both, and may present 
evidence and examine witnesses appearing for and against him. 
When any notice required by this act to be sent by registered 
mail, shall be returned because of inability to deliver, the notice 
required shall be published once a week for three consecutive weeks 
in a newspaper of general circulation in the county, where the last 
known place of residence or business of the licensee is located. A 
copy of the newspaper with the first publication of said notice 
marked shall be mailed to the licensee at such address and the 
notice shall be deemed received as of the date of the last publication. 
Where a statute provides for an automatic termination of a 
license such termination shall be effective without a hearing. 
The failure of an agency to give the notices for any hearing it 
is required to afford by this act in the manner provided in this section 
shall invalidate any order of the agency in revoking, suspending, 
refusing to issue, renew or register a license or admit an applicant to 
an examination. (120 v. S. 36. Eff. September 3, 1943.) 
Sec. 154-69. (Date, time and place of hearing.) The date, time 
and place of each hearing required by this act shall be determined 
by the agency. However, if requested by the applicant or licensee, 
in writing, the agency may in its discretion designate as the place of 
hearing either the county seat of the county wherein such person 
resides or a place within fifty miles of such person’s residence. 
In addition to the licensee or applicant, any person having an 
interest in or likely to be afifected by the result of any hearing 
required by this act, shall be entitled to be present, in person, by his 
attorney, or both, and upon leave of the agency to present evidence 
and examine witnesses and to be heard. (120 v. S. 36. Eff. September 
3- I943-) 
Sec. 154-70. (Conduct of hearing; witnesses; subpoenas; fees; 
referee; reports; journal entry.) For the purpose of conducting any 
hearing required by this act the agency shall have the power to 
require the attendance of such witnesses and the production of such 
books, records and papers as it may desire, and further to take the 
depositions of witnesses residing within or without the state in the 
same manner as is prescribed by law for the taking of depositions in 19 
civil actions in the common pleas court, and for that purpose the 
agency may, and upon the request of any person receiving notice 
of said hearing as required by section 154-68 of the General Code 
shall, issue a subpoena for any witness or a subpoena duces tecum 
to compel the production of any books, records or papers, directed 
to the sheriff of the county where such witness resides or is found, 
which shall be served and returned in the same manner as a subpoena 
in criminal case is served and returned. The fees and mileage of the 
sheriff and witnesses shall be the same as that allowed in the com- 
mon pleas court in criminal cases. Fees and mileage shall be paid 
from the fund in the state treasury for the use of the agency in the 
same manner as other expenses of the agency are paid. 
In any case of disobedience or neglect of any subpoena served 
on any person or the refusal of any witness to testify to any matter 
regarding which he may lawfully be interrogated, it shall be the duty 
of the common pleas court of any county where such disobedience, 
neglect or refusal occurs, or any judge thereof, on application by the 
agency to compel obedience by attachment proceedings for contempt, 
as in the case of disobedience of the requirements of a subpoena 
issued from such court, or a refusal to testify therein. 
Such hearing shall be had and the evidence for and against the 
revocation, suspension, issuance, renewal or registration of a license, 
or examination of an applicant for a license or the refusal to admit 
an applicant to an examination, shall be submitted as in the trial of 
civil actions. 
At any hearing required by this act a stenographic report of the 
testimony and other evidence submitted shall be taken at the expense 
of the agency. Such report shall include all of the testimony and 
other evidence presented at the hearing. 
The agency shall pass upon the admissibility of evidence, but a 
party may at the time make objection to the rulings of the agency 
thereon, and if the agency refuses to admit evidence, the party 
offering the same shall state the nature of such evidence and the 
facts which such party proposed to prove thereby, and such statement 
shall be made a part of the record of such hearing. 
In any hearing required by this act the agency shall have the 
power to call the applicant or licensee, as the case may be, to testify 
under oath as upon cross-examination. 
The agency, or any one delegated by it to conduct a hearing, 
shall have the authority to administer oaths or affirmations. 
In any hearing required by this act the agency may appoint a 
referee or examiner to conduct said hearing who shall have the same 
powers and authority in conducting said hearing as granted hereto- 20 
fore to the agency. Such referee or examiner shall have been 
admitted to the practice of law in the state of Ohio and be possessed 
of such additional qualifications as the agency may require. The 
referee or examiner shall submit to the agency written reports 
setting forth his findings of fact and conclusions of law and a recom- 
mendation of the action to be taken by the agency. A copy of such 
written report and recommendation of the referee or examiner shall 
within five days of the date of filing thereof, be served upon each 
interested party or the attorney of record of each interested party 
by registered mail. Each interested party may, within ten days of 
receipt of such copy of such written report and recommendation, file 
with the agency written objections to the report and recommenda- 
tion, which objections shall be considered by the agency before 
approving, modifying or disapproving the recommendation. The 
agency may grant extensions of time to any interested party within 
which to file such objections. No recommendation of the referee or 
examiner shall be approved, modified or disapproved by the agency 
until after ten days after service of such report and recommendation 
as herein provided. The agency may order additional testimony to 
be taken or permit the introduction of further documentary evidence. 
The recommendation of the referee or examiner may be approved, 
modified or disapproved by the agency, and the order of the agency 
based on such report, recommendation, transcript of testimony and 
evidence, objections of interested parties, if any, and additional 
testimony and evidence, if any, shall have the same force and effect 
as if such hearing or hearings had been conducted by the agency. No 
such recommendation shall be final until confirmed and approved by 
the agency as indicated by the order entered on its record of 
proceedings. 
After such order is entered on its journal the agency shall serve 
by registered mail, return receipt requested, upon the person or 
persons affected thereby a certified copy of the order revoking, sus- 
pending, refusing or denying a license, or refusing to register a 
licensee or refusing to admit an applicant to an examination. (120 v. 
S. 36. Eff. September 3, 1943.) 
Sec. 154-71. (Attorney general to represent agency.) At any 
hearing required by this act and in all proceedings in the courts of 
this state or of the United States to which any agency is a party, the 
attorney general or any one or more of his assistants or special 
counsel who have been designated by him to act as attorney for the 
agency shall represent the agency. (120 v. S. 36. Eft'. September 
3- I943-) 21 
Sec. 154-72. (Appeal to common pleas court on rules; pro- 
cedure.) Any person adversely affected by an order of an agency in 
adopting, amending or rescinding a rule may appeal to the court of 
common pleas of Franklin county on the ground that said agency 
failed to comply with the law in adopting, amending, rescinding, 
publishing or distributing said rule, or that the rule as adopted or 
amended by the agency is unreasonable or unlawful or that the 
rescission of the rule was unreasonable or unlawful. 
Any person desiring to appeal shall file a notice of appeal with 
the agency setting forth the order appealed from and the grounds of 
his appeal. Such notice of appeal shall be filed within ten days after 
the order of said agency and prior to the effective date of such rule, 
amendment or order of rescission and such notice shall operate as a 
stay of the effective date thereof unless the appeal shall have been 
heard and determined prior to such effective date. A copy of said 
notice of appeal forthwith shall be filed by appellant with the said 
court. 
Within ten days after a notice of appeal is filed the agency shall 
transmit to the clerk of the court of common pleas of Franklin 
county a transcript of its record of proceedings relating to said rule. 
Within three days after receiving the transcript of the record the 
court shall set the date, time and place for a hearing and immediately 
notify the appellant and the agency thereof. Such hearing shall be 
held within twenty days after receiving the transcript of the record 
and the decision of the court shall be rendered within thirty days 
after the conclusion of said hearing and upon consideration of any 
testimony and evidence adduced at said hearing, the arguments, and 
briefs of counsel, and the transcript of the record of proceedings as 
transmitted by the agency. 
If the court decides that the procedural requirements in adopting, 
amending or rescinding a rule have been complied with by the agency 
and that the rule as adopted or amended by the agency is reasonable 
and lawful or that the rescission of the rule was reasonable and 
lawful it shall affirm the order of the agency. If the court decides 
that the procedural requirements in adopting, amending or rescind- 
ing a rule have not been complied with by the agency or that the 
rule as adopted or amended by the agency is unreasonable or 
unlawful or that the rescission of the rule was unreasonable or 
unlawful it shall declare invalid such order by said agency. 
Any order of the court in reviewing on appeal an order of any 
agency in adopting, amending or rescinding a rule shall be final 
unless an appeal is taken therefrom but no person affected thereby 
shall be thereafter precluded from attacking the reasonableness or 22 
legality of any rule in its application to a particular set of facts or 
circumstances. (120 v. S. 36. Eff. September 3, 1943.) 
Sec. 154-73. (Appeal on revocation or denial of license; pro- 
cedure; court order.) Any person whose license has been revoked 
or suspended, or whose application for a license, renewal of a license, 
registration as a licensee, or admission to an examination for a 
license, has been rejected by any agency and any person granted 
leave by an agency to intervene may appeal to the common pleas 
court of the county in which the place of business of the licensee is 
located or the county in which the licensee is a resident from the 
order of said agency, provided, however, that appeals from decisions 
of the department of liquor control or the board of liquor control 
shall be to the court of common pleas of Franklin county only. 
Any such person desiring to appeal shall file a notice of appeal 
with the agency setting forth the order appealed from and the 
grounds of his appeal. A copy of such notice of appeal shall also be 
filed by appellant with the court. Such notices of appeal shall be filed 
within fifteen days after the mailing of the notice of the agency’s 
order as herein provided. 
The filing of a notice of appeal shall not automatically operate 
as a suspension of the order of an agency. However, if it appears 
to the court that an unusual hardship to the appellant will result 
from the execution of the agency’s order pending determination of 
the appeal the court may grant a suspension and fix its terms and 
conditions. 
Within ten days after receipt of notice of appeal from an order 
in any case wherein a hearing is required by this act the agency shall 
prepare and certify to the court a complete record of the proceedings 
in said case. Such record shall include: the application filed with 
such agency whether the same be for a license, renewal, registration 
thereof, or for admission to an examination; a copy of the license if 
a license was issued or if not issued then a copy of the letter reject- 
ing said application; a copy of the notice of hearing as required by 
section 154-68, General Code, and the receipt showing service thereof; 
the stenographic report of the testimony ofifered, the evidence sub- 
mitted at said hearing, and the order of the agency in such case as 
entered in its journal. Such record shall be prepared and transcribed 
and the expense thereof shall be taxed as a part of the costs on the 
appeal. The appellant must provide security for costs satisfactory 
to the court of common pleas. Upon demand by any interested party 
the agency shall furnish at the cost of the party requesting same a 23 
copy of the stenographic report of testimony offered and evidence 
submitted at any hearing. 
In the hearing of the appeal the court shall be confined to the 
record as certified to it by the agency, provided, however, the court 
may grant a request for the admission of additional evidence when 
satisfied that such additional evidence is newly discovered and could 
not with reasonable diligence have been ascertained prior to the 
hearing before the agency. 
The court shall conduct a hearing on such appeal and shall give 
preference to all proceedings under this act over all other civil cases, 
irrespective of the position of any such proceedings on the calendar 
of the court. The hearing in the court of common pleas shall proceed 
as in the trial of a civil action, and the court shall determine the 
rights of the parties in accordance with the statutes applicable to 
such action. At such hearing counsel may be heard on oral argu- 
ment, briefs may be submitted, and evidence introduced if the court 
has granted a request for the presentation of additional evidence. 
The court may affirm, reverse, vacate or modify the order of the 
agency complained of in the appeal and its order shall be final and 
conclusive unless reversed, vacated or modified on appeal to the court 
of appeals. 
The court shall certify its judgment to such agency or take such 
other action in connection therewith as may be required to give its 
judgment effect. (120 v. S. 36. Eff. September 3, 1943.) 
Sec. 161-1. (Certified copy of rules and regulations adopted by 
state departments, boards, etc., to be filed with secretary of state; 
effective date; recorded by secretary of state; amendment; repeal.) 
No rule or regulation heretofore or hereafter adopted by any board, 
commission, department, division or bureau of the government of 
the state of Ohio shall be effective until the tenth day after it shall 
have been promulgated by the filing of a certified copy thereof in 
the office of the secretary of state of the state of Ohio, except a rule 
or regulation of an emergency nature necessary for the immediate 
preservation of the public peace, health or safety, which rule or 
regulation shall state the reason for such necessity and shall become 
effective immediately upon being promulgated as herein provided; 
provided, however, that the rules, regulations and amendments 
thereto, adopted by any board, commission, department, division or 
bureau of the government of the state of Ohio prior to the effective 
date of this act shall continue in full force and effect for a period of 
thirty days after the effective date of this act unless previously 
repealed. 24 
No rule or regulation of any board, commission, department, 
division or bureau of the government of the state of Ohio shall be 
effective on and after the fifteenth day of October, 1941, unless 
expressly promulgated as provided herein. 
All rules and regulations filed in the office of the secretary of 
state pursuant to the provisions of this section shall be recorded by 
the secretary of state under the title of the board, commission, 
department, division or bureau adopting such rule or regulation and 
shall be numbered consecutively under such title. Such rules and 
regulations shall be public records open to public inspection. 
No rule or regulation filed in the office of the secretary of state, 
pursuant to the provisions of this section, shall be amended except 
by a new rule, which new rule shall contain the entire rule as 
amended and shall repeal the rule amended. Such amendatory rules 
and regulations shall be adopted and promulgated in the same man- 
ner as herein provided for the adoption and promulgation of the 
rules and regulations which are thereby amended. 
No repeal of any rule or regulation shall be effective until the 
tenth day after the filing with the secretary of state of a certified 
copy of the order of repeal of such rule or regulation. 
Provided, however, that the provisions of this section shall not 
apply to any orders respecting the duties of employees, or to any 
finding, or to any determination of a question of law or fact in a 
matter presented to such board, commission, department, division 
or bureau. 
Provided, further, that the provisions of this section shall not 
apply to a rule as defined in section 154-62, General Code, in the 
administrative procedure act. (120 v. S. 36. Eff. September 3, 1943.) 
NOTE: See also G. C. 1236. 
Sec. 375. (Ohio water supply board created; membership.) The 
Ohio water supply board is hereby created, consisting of the director 
of agriculture, the director of commerce, the director of health, the 
director of public works, the dean of the college of engineering of 
the Ohio state university and the state geologist, who shall convene 
within thirty days from the effective date of this act for the purpose 
of organization. The director of agriculture, the director of com- 
merce, the director of health and the director of public works, may 
each, from time to time, designate an officer or employee of his 
department as his deputy to serve in his absence for the purpose of 
this section. (119 v. 168.) 
Sec. 375-1. (Compensation; expenses; employment of secretary» 
assistants, etc.) The members of the Ohio water supply board shall 25 
serve without compensation as such but shall be entitled to their 
actual and necessary expenses incurred in the performance of their 
duties as such members, payable from the appropriations for the 
board. Subject to such appropriations, the board may employ a sec- 
retary and such number of technical and administrative assistants 
as may be deemed necessary, and fix their respective compensations 
which, together with their actual and necessary expenses incurred 
in the performance of their duties, shall be paid in like manner. 
(119 v. 169.) 
Sec. 375-2. (Duties and powers of board.) The Ohio water 
supply board shall collect, study and interpret all available informa- 
tion and statistics pertaining to the supply, use, conservation and 
replenishment of the consumable underground and surface water in 
the state. 
To this end, it shall have power to require of any state depart- 
ment, officer, board or commission, the director of any conservancy 
district, and any county, township or municipal department, officer, 
board or commission in this state, any and all information and 
statistics which any such public authority may have available and 
which the Ohio water supply board may deem pertinent. Such 
requisition shall be in writing and shall specify the general nature 
of the information or statistics desired. The public authority to 
which such requisition is addressed shall within two weeks after 
receipt thereof ascertain whether or not such information or statis- 
tics or the basis thereof are contained in its records and files, and, 
if not, shall promptly notify the board to that effect; and, if so, shall 
determine whether the desired information or statistics, in the form 
indicated by the board’s requisition, can be furnished within such 
time as the public authority may estimate, without undue expense 
to such public authority and undue interruption of its public service, 
in which event such public authority shall accept the board’s requisi- 
tion and notify the board, in writing, as to the estimated time within 
which such information or statistics will be furnished. If the public 
authority finds that the desired information or statistics, or the 
basis thereof, are contained in its records and files, but that such 
information or statistics in the form indicated by the board’s requisi- 
tion, cannot be furnished without undue expense to such public 
authority or without undue interruption of its public service, it shall 
in writing notify the board to that effect, in which event the board 
shall have access to the files and records of such public authority and 
through its own employees may make copies or compilations from 
any documents or records therein containing pertinent information 26 
or statistics or the basis thereof, but-subject to such reasonable 
restrictions and conditions as may be imposed by such public 
authority. Nothing in this act shall be so construed as to authorize 
the board to investigate the subject of transportation by water. 
(119 v. 169.) 
Sec. 375-3. (Cooperation by public authorities.) Within the 
scope of his or its authority, as prescribed by law, each public 
authority mentioned or described in section 375-2 hereof shall co- 
operate with the Ohio water supply board in securing information 
and statistics which may be requested by the board and pertinent to 
the performance of its duties. (119 v. 170.) 
Sec. 375-4. (Gifts, bequests, etc.) The Ohio water supply board 
may accept gifts, contributions, devises and bequests of money or 
property and use or expend the same, or their proceeds, in carrying 
on its work, without conveyance to the state or payment to the state 
treasurer; but in the event of any such gift, devise or bequest, the 
board shall appoint a treasurer and require of him an appropriate 
bond, which shall be filed in the office of the secretary of state. Any 
political subdivision in this state shall have power to make 
contributions to the board. (119 v. 170.) 
Sec. 375-5. (Board shall meet, when; rules and regulations.) 
The Ohio water supply board shall meet at the call of the chairman 
and may adopt rules and regulations for the holding of regular 
meetings and all other necessary and proper details of its organiza- 
tion and business. (119 v. 170.) 
Sec. 375-6. (Advisory committee; membership; organization; 
compensation.) There shall be an advisory committee to the Ohio 
water supply board, consisting of five members, not more than three 
of whom shall be of the same political party, to be appointed by the 
governor. One such member shall represent commerce and industry; 
one, agriculture; one, labor; one, municipal cooperations, and one, the 
general public interest. One of the members first appointed shall 
serve for a term of five years, one for four years, one for three years, 
one for two years and one for one year. Thereafter, each member of 
such advisory committee shall serve for a term of five years. 
Vacancies shall be filled by appointment for the unexpired term. 
The advisory committee shall be convened by the chairman of 
the Ohio water supply board and shall at its first meeting elect from 
its membership a chairman and a secretary who shall serve for one 
year and until their successors are elected. The advisory committee 
may, by a majority vote, adopt, and, from time to time, amend such 27 
rules of procedure as in its judgment are necessary and proper for 
its own government. The members of the advisory committee shall 
serve without compensation, but shall be reimbursed for their actual 
and necessary expenses incurred in attendance upon the meetings of 
the committee, payable from appropriations to the water supply 
board. (119 v. 170.) 
Sec. 375-7. (Meetings; recommendations to board.) The advis- 
ory committee shall meet with the Ohio water supply board at the 
call of the chairman of the board, not fewer than four times in each 
year. The committee shall advise with and may make recommenda- 
tions to the Ohio water supply board relative to any matter or thing 
pertinent to the powers and duties of the board. (119 v. 171.) 
Sec. 375-8. (Power to solicit and obtain information and 
statistics; agreements with federal agencies.) The Ohio water supply 
board shall have power to solicit and obtain pertinent information 
and statistics voluntarily furnished by any person, firm or corpora- 
tion engaged in an activity which would occasion the acquisition of 
such information, of the compilation of such statistics or by any 
college, university or scientific society or person engaged in scientific 
research. The board may, on its own initiative or otherwise, make 
and enter into such cooperative or contractual arrangements with 
the United States geological survey or other agency of the federal 
government as may effectuate the purpose of this act as indicated 
by section 375-2 hereof. (119 v. 171.) 
Sec. 375-9. (Annual report.) The Ohio water supply board 
shall make an annual report to the governor and the general 
assembly, showing the progress of its work and containing such 
findings of fact as it may have made and such recommendations for 
legislation as it may deem necessary or appropriate. (119 v. 171.) 
Sec. 469. (State reservoirs dedicated to use of public for parks 
and pleasure resorts. Names of lakes.) The body of water and 
adjacent state lands in Licking-, Fairfield and Perry counties, known 
as the Licking reservoir or Buckeye Lake; the body of water and 
adjacent state lands in the northwestern part of Logan county, 
known as the Lewistown reservoir or Indian Lake; the body of water 
and adjacent lands owned by the state, in the county of Mercer, 
known as the Lake St. Marys; the bodies of water and adjacent lands 
owned by the state consisting of the Summit county lakes and reser- 
voirs of the Ohio canal, known as the Portage-Summit reservoirs, 
together with the Summit lake and sufficient of the Summit level 
of the Ohio canal to maintain the present water level of Summit 28 
and Nesmith lakes, and the body of water and exterior lands adjacent 
thereto that are included in the reservoir constructed by the board 
of public works in Coventry township for the purpose of supplying 
water for the Ohio canal, known as “North reservoir,” all situated 
in Summit county; likewise the body of water and adjacent lands 
owned by tbe state in Shelby and Auglaize counties, and known as 
the Loramie reservoir, are hereby dedicated and set apart forever 
for the use of the public, as public parks or pleasure resorts. The 
bodies of water mentioned in this section shall, in the order in which 
they are described be named and designated as follows: “Buckeye 
Lake,” “Indian Lake,” “Lake St. Mary’s,” “The Portage Lakes,” and 
“Lake Loramie.” (107 v. 183.) 
Sec. i. (*) (Purchase of certain lands in Columbiana County 
for state park and pleasure resort. Deed.) The director of highways 
and public works is authorized to purchase the site of the abandoned 
lake and reservoir of the Sandy and Beaver canal, located m Hanover 
township, Columbiana county, Ohio, commonly known as the “Guil- 
ford dam” and such additional lands contiguous to such lake site to 
constitute not more than a total of five hundred acres, including the 
lake and additional lands, and when so purchased to be a state park 
and pleasure resort to be known as “Guilford lake.” A part of such 
additional lands to such lake site shall constitute a berm of at least 
fifty feet in width entirely surrounding such lake. 
The attorney general shall prepare the forms of such deeds 
necessary to pass title to the state of Ohio, for such site and lands 
and approve the title and transfer before acceptance and payment, 
(m v. IOO.) 
Sec. 2. (*) (When set aside as a public park and pleasure 
resort; laws applying. Repairs and improvements.) When such lands 
are acquired by the state they are hereby dedicated and forever set 
aside as a public park and pleasure resort for the free use of the 
public and all the laws applying to state parks and pleasure resorts 
shall apply to Guilford lake after the purchase has been completed. 
It shall be the duty of the director of highways and public works to 
make such repairs and improvements as are necessary to place such 
lake site and park in a proper condition for use by the general public 
as a public resort for fishing, boating, bathing, shooting and other 
outdoor recreations, (m v. 100.) 
Sec. 4. (*) (Special sanitary district created; jurisdiction, con- 
trol and management. Pymatuning Lake.) The territory of the state 
(*) This section was n<jk given a General Code section number. 29 
of Ohio within the area of lands to be flooded, inundated and sub- 
merged as the result of the construction of said dam and extending 
back one mile therefrom, shall, on the effective date of this act and 
thereafter, be a special sanitary district under the jurisdiction, 
control and management of the state department of health for sani- 
tary purposes; and the refusal or failure of any person to comply 
with the regulations or orders of the department of health relating 
to sanitary conditions in said special sanitary district shall be deemed 
to be a violation thereof, subject to the penalties otherwise provided 
by law for the violation of lawful regulations and orders of said 
department of health. (113 v. 545.) 
Sec. 479. (Rules for guidance of conservation commissioner 
and police patrolmen.) The following rules are hereby adopted for 
the guidance of the conservation commissioner and of the police 
patrolmen appointed by said conservation commissioner in the 
discharge of their official duties: 
Rule 19. (Information for convenience of public; serving 
notices.) Patrolmen shall at all times hold themselves ready to 
furnish information regarding parks, train service and location of 
hotels, cottages, boats, etc., as will promote the convenience and 
interests of the public; such information shall always be given in a 
cheerful, courteous manner and without charge. They shall also 
serve notices furnished them by the state board of health, and carry 
out its instructions in all matters relating to sanitation at state 
reservoir parks. (113 v. 559.) 
Rule 40. (Disposal of garbage.) No lessee of a state lot, cottage 
owner, or other occupant of a cottage located upon state or adjacent 
lands shall deposit garbage upon the rear of such lot or throw the 
same into the lake, but such garbage shall be burned or removed 
from the premises so as not to be a nuisance to the cottage owners 
either on or off the state land. (113 v. 563.) 
Rule 89. (Special sanitary district; control and management.) 
The territory included within any state park or pleasure resort and 
surrounding lands extending back one mile therefrom, is hereby 
designated a special sanitary district, to be under the control and 
management of the state board of health for sanitary purposes, and 
any failure to comply with the notices of said department relating 30 
to sanitary conditions, shall be deemed a violation of the terms of 
this act. (113 v. 572.) 
Rule 90. (Powers and duties of state board of health.) The 
state board of health shall have power to make and enforce rules and 
regulations relating to the location, construction and repair of stock- 
yards, hog-pens, stables, privies, cesspools, sinks, plumbing, drains 
and all other places where offensive substances or liquids may 
accumulate within such sanitary district and said board of health 
shall have power to abate all such nuisances, and may remove or 
correct all unsanitary conditions detrimental to the health and well- 
being of the community included in such sanitary district, and may, 
when necessary, certify the costs and expenses thereof to the county 
auditor, to be assessed against the property of the offending party, 
and thereby made a lien upon it and collected as other taxes. 
(113 v. 572.) 
Rule 91. (Arrest and prosecution on violation of order.) When 
any specific order of the state board of health is neglected or dis- 
regarded by parties, after due notice, said board may cause the 
arrest and prosecution of all persons so offending in accordance with 
the terms of this act. Notice by the state board of health to abate or 
correct a nuisance shall be served upon parties offending in accord- 
ance with the terms of section 4422 of the General Code. (113 v. 573.) 
Rule 92. (Drainage into reservoir prohibited.) No sewer, drain 
or other connection with closets, cesspools, sinks, privies or other 
places where offensive or unsanitary matter accumulates, shall be 
drained or discharged into any state reservoir, and no garbage, offal 
or filth of any kind shall be thrown or discharged, in any manner, 
into any such reservoir or immediate tributary thereto, and this rule 
shall apply to all houseboats and buildings erected over the waters 
of any state reservoir. (113 v. 573.) 
Sec. 479-1. (Penalty.) Any person convicted of violation of any 
of the foregoing rules shall be fined not less than ten dollars, nor 
more than one hundred dollars. (106 v. 380.) 
Sec. 486-19. (Municipal civil service commission; appointment; 
term; powers and duties; vacancies; removals; appeal; public health 
employes; suspension of chief of police or chief of fire department.) 
The mayor or other chief appointing authority of each city in the 
state shall appoint three persons, one for a term of two years, one 
for four years, and one for six years, who shall constitute the 
municipal civil service commission of such city and of the city school 
district and city health district in which such city is located, provided, 3i 
however, that members of existing municipal commissions shall 
continue in office for the terms for which they have been appointed 
and until their successors are appointed and have qualified. Each 
alternate year thereafter the mayor or other chief appointing 
authority shall appoint one person, as successor of the member whose 
term expires, to serve six years and until his successor is appointed 
and qualified. A vacancy shall be filled by the mayor or other chief 
appointing authority of a city for the unexpired term. At the time 
of any appointment not more than two commissioners shall be 
adherents of the same political party. Such municipal commission 
shall prescribe, amend and enforce rules not inconsistent with the 
provisions of this act for the classification of positions in the civil 
service of such city, city school district, and all the positions in the 
city health district; for examinations and registrations therefor; and 
for appointments, promotions, removals, transfers, layoffs, suspen- 
sions, reductions and reinstatements therein; and for standardizing 
positions and maintaining efficiency therein. Said municipal com- 
mission shall have and exercise all other powers and perform all 
other duties with respect to the civil service of such city, city school 
district and city health district, as herein prescribed and conferred 
upon the state civil service commission with respect to the civil 
service of the state; and all authority granted to the state commis- 
sion with respect to the service under its jurisdiction shall, except as 
otherwise provided in this act, be held to grant the same authority 
to the municipal commission with respect to the service under its 
jurisdiction. The procedure applicable to reductions, suspensions and 
removals, as provided for in sections 486-17 and 486-iya of the 
General Code, shall govern the civil service of municipalities. The 
expense and salaries of any such municipal commission shall be 
determined by the council of such city and a sufficient sum of money 
shall be appropriated each year to carry out the provisions of this 
act in such city. 
Present employees of city health districts and city health depart- 
ments shall continue to hold their positions until removed in 
accordance with the civil service laws. 
If the appointing authority of any such city fails to appoint a 
civil service commission or commissioner, as provided by law, within 
sixty days after he has the power to so appoint, or after a vacancy 
exists, the state commission shall make the appointment, and such 
appointee shall hold office until the expiration of the term of the 
appointing authority of such city and until the successor of such 
appointee is appointed and qualified. If any such municipal commis- 
sion fails to prepare and submit such rules and regulations in pur- 32 
suance of the provisions of this act within six months after this act 
goes into effect, the state commission shall forthwith make such 
rules. The provisions of this act shall in all other respects, except as 
provided in this section, be in full force and effect in such cities. 
It shall be the duty of each municipal commission to make 
reports from time to time, as the state commission may require, of 
the manner in which the law and the rules and regulations there- 
under have been and are being administered, and the results of their 
administration in such city, city school district and city health 
district. A copy of the annual report of each such municipal com- 
mission shall be filed in the office of the state commission as a public 
record. 
Whenever the state commission shall have reason to believe that 
a civil service commission of any city is violating or is failing to 
perform the duties imposed upon it by law, or that any member of 
such municipal commission is wilfully or through culpable negli- 
gence violating the provisions of the law or failing to perform his 
duties as a member of such commission, it shall institute an investi- 
gation, and if in the judgment of the state commission, it shall find 
any such violation or failure to perform the duties imposed by law, 
it shall make a report of such violation in writing to the chief 
executive authority of such city, which report shall be a public 
record. 
Upon the receipt of such report from the state civil service 
commission, charging a municipal civil service commissioner with 
violating or failing to perform the duties imposed by law, or wilfully 
or through culpable negligence violating the provisions of the law by 
failure to perform his duties as a member of such municipal civil 
service commission along with the evidence on which such report is 
based, the chief executive officer of such municipality shall forthwith 
remove such municipal civil service commissioner. In all cases of 
removal of a municipal civil service commissioner by the chief execu- 
tive authority of any such city, an appeal may be had to the court of 
common pleas in the county in which such municipality is situated 
to determine the sufficiency of the cause of removal. Such appeal 
shall be taken within ten days from the decision of the chief execu- 
tive authority of such city. Should the common pleas court disaffirm 
the judgment of the chief executive authority, such commissioner 
shall be reinstated to his former position in the municipal civil 
service commission. The chief executive authority of such city may 
at any time remove any municipal civil service commissioner for 
inefficiency, neglect of duty, or malfeasance in office, having first 
given to such commissioner a copy of the charges against him and 33 
an opportunity to be publicly heard in person or by counsel in his 
own defense. 
The mayor shall have the exclusive right to suspend the chief of 
the police department or the chief of the fire department for incom- 
petence, gross neglect of duty, gross immorality, habitual drunken- 
ness, failure to obey orders given him by the proper authority or for 
any other reasonable and just cause. If either the chief of police or 
chief of the fire department is so suspended, the mayor forthwith 
shall certify such fact, together with the cause of such suspension, 
to the municipal civil service commission, who within five days from 
the date of receipt of such notice shall proceed to hear such charges 
and render judgment thereon, which judgment may affirm, disaffirm 
or modify the judgment of the appointing officer, and an appeal may 
be had from the decision of the commission to the court of common 
pleas as is provided for in section 486-173 of the General Code to 
determine the sufficiency of the cause of removal. (119 v. 543.) 
Sec. 486-33. (Public employes’ retirement system; membership 
compulsory; exemptions.) A state employes retirement system is 
hereby created for the employes of the state of Ohio. Membership 
in the state employes retirement system shall be compulsory and shall 
consist of all state employes, either as original members or as new 
members upon being regularly appointed. Provided, however, that 
any original member may be exempted from membership by filing 
written application for such exemption with the retirement board 
within three months after this act goes into effect. And provided 
further, that the board shall have authority to exempt from compul- 
sory membership in the retirement system, classes or groups of 
employes engaged in work of a temporary, casual, or exceptional 
nature, but individuals in any such class or group so exempted may 
become members by making application therefore, subject to the 
approval of the retirement board, provided, however, that any 
employe who is, or who becomes, a member must continue such 
membership as long as he is a state employe, even though he may 
be in or transferred to an exempted class or group. (120 v. S. 89. 
Eff. June 30, 1943.) 
Sec. 486-333. (Public employes’ retirement system; retirement 
board; contracts and agreements; exemptions.) The state employes 
retirement system created by section 486-33, General Code, shall 
hereafter be known as the public employes retirement system, and 
the state employes retirement board shall hereafter be known as the 
public employes retirement board. Provided, however, that all legal, 
valid and authorized contracts and agreements entered into by the 34 
state employes retirement board shall be binding on the public 
employes retirement board. Beginning July 1st, 1938, in addition to 
the present membership of said retirement system, there shall be 
included therein all county, municipal, park district, conservancy, 
health, and public library and beginning October 1, 1943, there shall 
be included therein all township employes as defined herein, and such 
county, municipal, park district, conservancy, health, township and 
public library employes, except as otherwise provided herein, shall 
have all the rights and privileges and be charged with all the duties 
and liabilities provided for in the laws relating to said retirement 
system as are applicable to state employes. Provided, however, that 
any member may be extempted from membership by filing written 
application for such exemption with the retirement board within 
three months after this act goes into efifect. 
Any employee who so exempted himself shall have the right to 
withdraw such exemption at any time prior to December 31, 1943, 
and to make such payments, with regular interest thereon, as he 
would have made if he had been a member continuously. The retire- 
ment board shall have full power to determine the amount and 
manner of such payments. (120 v. H. 419. Efif. September 16, 1943.) 
Sec. 486 33b. (Prior service; credit for service; how secured; 
refund.) The service of all such county, municipal, park district, 
conservancy, and township, health, public library, and/or state 
employes prior to January 1, 1935, shall be included as prior service, 
provided such persons are present county, municipal, park district, 
conservancy, health, township or public library employes. Provided, 
however, that if the public retirement board shall determine that a 
position as such employe in any one calendar year was a part time 
position, the retirement board shall have the authority to determine 
what fractional part of a year’s credit shall be given. Credit for 
service between January 1, 1935, and June 30, 1938, may be secured 
by any such county, municipal, park district, conservancy, health or 
public library employe, provided he or she shall pay into the em- 
ployes’ savings fund an amount equal to the full additional liability 
assumed by such fund on account of the crediting of such years of 
service. Credit for service between January 1, 1935, and October 1, 
1943, may be secured by any township employe, provided he or she 
shall pay into the employes’ savings fund an amount equal to the 
amount he or she would have paid if he or she had been continuously 
a member of the retirement system since January 1, 1935, or since 
his or her date of employment, subject to such rules and regulations 
relative to the amount and manner of payment as may be adopted 35 
by the retirement board. The retirement board shall have final 
authority to determine and fix the amount and manner of payment 
that any such county, municipal, park district, conservancy, health, 
or public library employe shall pay on account of such service be- 
tween January i, 1935, and June 30, 1938, who desires to claim credit 
therefor. Such payment together with the regular interest as defined 
by section 486-32, General Code, shall be refunded in the event of the 
death or withdrawal from service of the member prior to retirement 
under the same conditions and in the same manner as refunds are 
made under sections 486-65 and 486-66, General Code, from the 
employes’ savings fund. (120 v. H. 419. Efif. September 16, 1943.) 
Sec. 486 33c. (Definitions; exemptions by board from compul- 
sory membership.) For the purposes of this act, “county or municipal 
employes” shall mean any person holding a county or municipal 
office, not elective, in the state of Ohio, and/or paid in full or in part 
by any county or municipality in any capacity whatsoever. “Park 
district employe” shall mean any person holding a park district office 
not elective in the state of Ohio or any person in the employ of a 
park district and/or paid in full or in part by a park district created 
by law. “Conservancy employe” shall mean any person holding a 
conservancy office not elective in the state of Ohio and/or paid in 
full or in part by a conservancy district. For the purposes of this act 
a sanitary district shall be considered a conservancy district and 
employes of any such sanitary district shall be considered as conserv- 
ancy employes, and the retirement board shall have authority to 
grant to any such employes who were employes of any such sanitary 
district between the dates of April 18, 1938, and June 30, 1938, both 
dates inclusive, all rights and privileges of original membership, 
including a period of three months after the effective date of this 
act during which such employes may be permitted to claim exemp- 
tion from participation in the retirement system. “Ffealth employe” 
shall mean any person holding a health office not elective in the state 
of Ohio and/or paid in full or in part by any county, municipal or 
other health district created by law. “Public library employe” shall 
mean any person holding a position in a public library, in the state 
of Ohio, and paid in full or in part by the board of trustees of a 
public library. 
“Township employee” shall mean any person holding a position 
in a township in the state of Ohio, and/or paid in full or in part by 
such township. But said term shall not include those persons who 
come within the provisions of any other retirement system estab- 
lished under the provisions of the laws of this state or of any charter, 36 
nor shall the provisions of this act in any manner apply to a police 
relief fund or a firemen’s pension fund established under provisions 
of law. No employe except an employe who comes within the 
provisions of a police relief fund or a firemen’s pension fund shall be 
excluded from membership in the retirement system because of 
membership in any other retirement system established under the 
provisions of the laws of this state or of any charter unless such 
employe is contributing to such other retirement system on the basis 
of two thousand dollars per annum or is receiving a disability allow- 
ance from such other retirement system. The board shall have 
authority to exempt from compulsory membership in the retirement 
system classes or groups of employes engaged in work of a tem- 
porary, casual or exceptional nature, but individuals in any such class 
or group may become members by making application therefor, 
subject to the approval of the retirement board; provided, however, 
that any county, municipal, park district, conservancy, health, town- 
ship or public library employe who is, or who becomes a member 
must continue such membership as long as he is such employe, even 
though he may be in or transferred to an exempted class or group. 
In all cases of doubt the retirement board shall determine whether 
any person is a county, municipal, park district, conservancy, health, 
township or public library employe as defined herein, and its decision 
shall be final. 
“The head of the department” as applied to county, municipal, 
park district, conservancy, health, township or public library em- 
ployes shall mean the elective or appointive head, as the case may 
be, of the several administrative, legislative and judicial departments, 
institutions, boards and commissions of the county or municipal 
government, as the same are created and defined by the General 
Code, or in case of a charter government by such charter. (120 v. 
H. 419. Efif. September 16, 1943.) 
Sec. 486~33d. (Duties of counties, municipalities, etc.) Counties, 
municipalities, park districts, conservancy districts, health districts, 
townships and public libraries and the heads of the departments 
thereof shall, except as otherwise provided herein, perform the same 
duties as are required of the state and heads of departments thereof 
under the laws relating to said retirement system. (120 v. H. 419. 
Eff. September 16, 1943.) 
Sec. 486-330. (Contribution of employe; deduction.) Beginning 
July I, 1938, each county, municipal, park district, conservancy, 
health, or public library employe, and beginning October 1, 1943, each 
township employe, who is a member of said system shall contribute 37 
to the employes savings fund the same rate per centum of his earn- 
able salary or compensation, not exceeding two thousand dollars per 
annum, as is required for each state employe member by section 
486-68, General Code, and the head of the department shall deduct 
the same from his compensation in the same manner as is required 
of heads of state departments and the same additional amount shall 
be deducted from compensation of such employe to defray the 
expenses of administration as shall be required of each state employe 
member under the provisions of section 486-69, General Code. (120 v. 
H. 419. Eff. September 16, 1943.) 
Sec. 486-33f. Repealed (120 v. H 419. Eff. September 16, 1943.) 
Sec. 486~33g. (Statement of retirement board to fiscal officers; 
contents; copy to budget commission; appropriation.) The retire- 
ment board shall prepare and submit to the commissioners of each 
county and to the executive head of each municipality, park district, 
conservancy district, health district and to the board of trustees of 
each township and each public library, prior to July 15 of each year, 
an itemized statement of the amounts necessary to pay the obliga- 
tion of each county, municipality, park district, conservancy district, 
health district, township or public library accruing during the year 
beginning January 1 of the following year, and shall submit to the 
budget commission of each county a copy of such statement for said 
county and for each municipality, township and public library within 
such county. The amount so certified to each county, township, 
public library and municipality shall be included in its budget and 
allowed by the budget commission. 
The commissioners of each county, the legislative body of each 
municipality, the board of commissioners of any park district, the 
board of directors of any conservancy district, the fiscal officers of 
any health district and the board of trustees of each township and 
public library shall appropriate sufficient funds to provide for such 
obligations. 
The commissioners of each county, the legislative body of each 
municipality, the board of commissioners of any park district, the 
board of directors of any conservancy district, the fiscal officers of 
any health district and the board of trustees of each township and 
public library may reimburse the fund from which such appropria- 
tion is made by transferring to such fund from any other fund or 
funds of such subdivision, the proportionate amount of such appro- 
priation that should be chargeable to such fund or funds whether 
such fund or funds be derived from taxation or otherwise. 
Provided, however, that, any other provision of the law to the 38 
contrary notwithstanding, such payment may be made directly out 
of any funds, whether derived from taxation or otherwise, from 
which the salaries or compensation of employes, on account of whom 
such payments are to be made, are payable. (120 v. H. 419. Eff. Sep- 
tember 16, 1943.) • 
Sec. 486-34. (Administration and management of retirement 
board; membership of board.) The general administration and man- 
agement of the public employes retirement system and the making 
efifective of the provisions of this act are hereby vested in a board to 
be known as the “public employes retirement board,” which shall 
consist of seven members as follows; The attorney general, the 
auditor of state, the chairman of the state civil service commission, 
and four other members known as employe members, one of whom 
shall be a state employe member of the retirement system and who 
shall be elected by ballot by the state employe members of the retire- 
ment system from among their number, another of whom shall be a 
county employe member of the retirement system and who shall be 
elected by ballot by the county employe members of the retirement 
system from among their number, another of whom shall be a munici- 
pal employe member of the retirement system and who shall be 
elected by ballot by the municipal employe members of the retire- 
ment system from among their number, and another of whom shall 
be a park district or a conservancy or health or a public library or a 
township employe member of the retirement system and who shall 
be elected by ballot by the park district, conservancy, health, town- 
ship and public library employe members of the retirement system 
from among their number, in a manner to be approved by the 
retirement board. (120 v. H. 419. Efif. September 16, 1943.) 
Sec. 486-35. (Election of employe members; term.) The first 
election of employe members of the retirement board shall be con- 
ducted by and under the supervision of the attorney general, the 
auditor of state and the chairman of the civil service commission, 
acting as a canvassing board, within thirty days after this act 
becomes efifective. At the first election each state employe shall have 
the right to vote for two candidates for membership on the retire- 
ment board. One for a term of two years and one for a term of one 
year, the candidate receiving the greater number of votes shall be 
deemed elected for the two year term. Their successors shall be 
elected for terms of two years each. (115 v. 616.) 
Sec. 486-36. (Vacancies; how filled.) Any vacancy occurring in 
the term of any employe member of the retirement board shall be 
filled by the remaining members of the board for the unexpired term 39 
of such member and the appointee shall serve until his successor is 
elected and qualified. 
Any employe member of the retirement board who fails to 
attend the meetings of the board for three months or longer, without 
valid excuse, shall be considered as having resigned and the board 
shall declare his office vacated as of the date of the adoption of a 
proper resolution. (117 v. 57.) 
Sec. 486-37. (Election for member of board; term of office; 
eligibility; nomination by petition.) The election for the state em- 
ploye member of the retirement board shall be held on the first 
Monday in October in each even numbered year, beginning- in 1938, 
for a term of two years starting on the first day of January follow- 
ing such election. The first election for the county employe member 
of the retirement board shall be held immediately following the 
passage of this act for a term ending December 31, 1939, and there- 
after the elections for the county employe member of the retirement 
board shall be held on the first Monday in October in each odd 
numbered year, for a term of two years starting on the first day of 
January following such election. The term of office of the second 
and most recently elected state employe member of the state em- 
ployes retirement board shall terminate upon the election of the 
county employe member of the public employes retirement board. 
The first election for the municipal employe member of the retire- 
ment board shall be held immediately after the passage of this act, 
for a term to end December 31, 1938. Thereafter the election for the 
municipal employe member shall be held on the first Monday in 
October in each even numbered year, beginning in 1938, for a term 
of two years starting on the first day of January following such 
election. The first election of the employe member of the retirement 
board to represent the park district, conservancy, health, and public 
library employes shall be held on the first Monday in October in each 
odd numbered year, beginning in 1939, for a term of two years start- 
ing on the first day of January following such election; provided 
that, for the period from the effective date of this act to the date of 
such election, the present members of the retirement board shall 
appoint a person to act as a representative of the park district, 
conservancy, health, and public library employes as a member of the 
retirement board. The present employe members of said board and 
each succeeding employe member shall hold office until their 
successors are elected and qualified. 
Any member of the retirement system shall be eligible for 
election as a member of the retirement board and the name of any 40 
state employe membex who shall be nominated by a petition signed 
by at least one hundred state employe members of the retirement 
system and any county employe member who shall be nominated by 
a petition signed by at least one hundred county employe members 
of the retirement system and any municipal employe member who 
shall be nominated by a petition signed by at least one hundred 
municipal employe members of the retirement system, and any 
employe member of a park district, conservancy district, health dis- 
trict, township, or public library who shall be nominated by a petition 
signed by at least one hundred park district, conservancy, health, 
township, and public library employe members of the retirement 
system shall be placed upon the ballots by the retirement board as 
a regular candidate. Names of other eligible candidates may at any 
election be substituted for the regular candidates by writing such 
names upon the ballots. The candidate receiving the highest number 
of votes for any term as a member of the retirement board shall be 
elected a member of the retirement board for the term for which he 
was elected. (120 v. H. 419. Eft. September 16, 1943.) 
Sec. 486 47. (Prior service credit; status of public employe in 
armed services, or defense work.) Any other provisions of law not- 
withstanding-, one year of contributing membership in the retirement 
system shall entitle a member to receive prior service credit for 
services prior to January 1, 1935, in any capacity which comes within 
the provisions of the public employes retirement act, provided that 
such member has not lost membership at any time by the with- 
drawal of his accumulated contributions upon separation. 
Upon presentation of an honorable discharge and subject to such 
rules and regulations as may be adopted by the retirement board, 
any member of the retirement system who was or is out of active 
service as a state, county, municipal, park district, conservancy 
district, health district, township, or public library employe by reason 
of having become a member of the land or naval forces of the United 
States on active duty or service shall have such service considered 
as the equivalent of prior service. Average prior service salary for 
new members shall be the salary received by the employee for the 
fiscal year preceding his call to active duty or service into the land 
or naval forces of the United States, provided such salary credit does 
not exceed $2,000.00. Any member of the retirement system or any- 
one who becomes a new member who is employed for essential 
national defense work by any employer as defined in this act shall 
have the right to make regular contributions to the retirement 
system even though his salary is paid from federal funds, provided, 4i 
however, that his salary is disbursed by an employer as defined in 
this act. (120 v. H. 419. Efif. September 16, 1943.) 
Sec. 486-49. (Individual accounts shah ue kept; other data.) 
The retirement board shall provide for the maintenance of an in- 
dividual account with each member showing the amount of the 
member’s contributions and the interest accumulations thereon. It 
shall collect and keep in convenient form such data as shall be neces- 
sary for the preparation of the required mortality and service tables, 
and for the compilation of such other information as shall be required 
for the actuarial valuation of the assets and liabilities of the various 
funds created by this act. Upon the basis of the mortality and service 
experience of the members and beneficiaries of the system, the 
retirement board from time to time shall adopt such tables as may 
be deemed necessary for valuation purposes and for determining the 
amount of annuities to be allowed on the basis of the contributions 
of members. (115 v. 620.) 
Sec. 486-59. (Members may retire, when; members retired by 
board; service extension; pension not forfeited by elective official.) 
On and after January 1, 1939, any member, except a new member 
with less than five years of service, who has attained sixty years of 
age, may retire by filing with the retirement board an application for 
retirement. The filing of such application shall retire such member 
as of the end of the quarter of the calendar year then current. 
On June 30 following the date upon which he becomes a member 
the retirement board shall retire any employe who was over seventy 
years of age at the time he became a member and shall retire all 
other members, except elective officers, on the June 30 following the 
date upon which the age of seventy is attained. Provided, that until 
June 30, 1945, any member having reached the age of seventy years 
may, upon written application approved by the head of his depart- 
ment or institution, be continued in service for a period of one year, 
or any part thereof, such applications to expire on the June 30 
following the date upon which they were filed unless renewed on or 
before the expiration date. On and after June 30, 1945* no such 
applications for continuation in service shall be approved, and any 
member who accepts an allowance under sections 486-59, 486-60, or 
486-61 of the General Code, or who is compelled to retire at the age 
of seventy years and who withdraws his accumulated contributions 
in lieu of accepting a retirement allowance shall be ineligible for 
regular re-employment in any capacity which comes within the 
provisions of the public employes retirement act. 
In the event any retired pensioner, after such retirement, is 42 
elected to a full-time salaried office by the electors of the state or 
any political subdivision thereof at any election, such pensioner, by 
the acceptance of any such office shall not forfeit his pension but the 
same shall be held in abeyance during the period such pensioner so 
holds such office and receives the salary therefor. (120 v. S. 89. Eff. 
June 30, 1943.) 
Sec. 486-60. (Allowance upon superannuation retirement.) Upon 
superannuation retirement, a state employe shall be granted a retire- 
ment allowance consisting of: 
(a) An annuity having a reserve equal to the amount of the 
employes accumulated contributions at that time, and, provided such 
employe shall not hold any renumerative office or employment in any 
federal, state, county ot local government. 
(b) A pension of equivalent amount, and 
(c) An additional pension, if such employe is an original mem- 
ber, equal to one and one-third per centum of his average prior 
service salary multiplied by the number of years of service in his 
prior-service certificate. (117 v. 57.) 
Sec. 486-61. (Commuted superannuation allowance. Any state 
employe who has completed thirty-six years of total service may 
retire, if a member, on a commuted superannuation allowance by 
filing with the retirement board an application for such form of 
allowance. The filing of such application shall retire such member 
as of the end of the year then current. Upon retirement on a com- 
muted superannuation allowance, a state employe shall be granted a 
retirement allowance consisting of: 
(a) An annuity having a reserve equal to the amount of the 
state employe’s accumulated contributions at that time, and 
(b) A pension of equivalent amount, and 
(c) An additional pension, if such state employe is an original 
member, having a reserve equal to the amount of the total liability 
of the employer’s accumulation fund for the payment of the pension 
allowable on superannuation retirement by reason of prior-service 
as certified in such employe’s prior-service certificate. Provided, 
however, that no state employe retiring after thirty-six years of 
service shall receive less than forty-five dollars per month as a total 
retirement allowance. Except that if an employe also shall have 
attained the age of sixty at retirement his total retirement allowance 
shall not be less than fifty dollars per month. A year of service for 
the purpose of applying the minimum retirement allowance is defined 
as a complete year of full-time employment, or the equivalent 
thereof. The retirement board shall be the final authority in deter- 43 
mining the eligibility of an employe for such minimum allowance. 
(120 v. S. 89. Eff. June 30, 1943.) 
Sec. 486-62. (Medical examination for disability.) Medical ex- 
amination of a member for disability retirement shall be made upon 
the application of the head of department or upon the application of 
the member or of a person acting in his behalf stating that said 
member is physically or mentally incapacitated for the performance 
of duty and ought to be retired, provided that the said member was 
a state employe as defined in this act for not less than ten years 
preceding his retirement and was a member in each of such ten 
years which were subsequent to the year 1935. If such medical 
examination, conducted by a competent disinterested physician, or 
physicians, selected by the retirement board, shows that the said 
member is physicially or mentally incapacitated for the performance 
of duty and ought to be retired, the examining physician, or 
physicians, shall so report to the retirement board and it shall retire 
the said member on a disability allowance forthwith if he is under the 
superannuation retirement age, or on a superannuation allowance if 
he has attained or passed such age, except that no retirements for 
disability shall be made prior to January 1, 1938. (117 v. 57.) 
Sec. 486-63. (Disability retirement allowance.) Upon disability 
retirement, a member shall receive a retirement allowance which 
shall consist of: 
(a) An annuity having- a reserve equal to the amount of the 
employe’s accumulated contributions at that time; and 
(b) A pension which, together with his annuity, shall provide a 
retirement allowance of one and one-fifth per centum of his average 
salary during the last ten years or fraction thereof immediately 
preceding retirement, multiplied by the number of his years of total- 
service, but not less than thirty per centum of said average salary, 
with the exception that in no case shall the retirement allowance 
exceed nine-tenths of the allowance to which he probably would have 
been entitled had retirement been deferred to the age of sixty. 
The allowances of any members on disability retirement on July 
1, 1943, shall be re-computed as of that date on the basis provided 
in this section. 
No member of the retirement system who served in any branch 
of the land, air, or naval forces of the United States shall receive a 
disability allowance, if the probable cause of such disability is the 
result of military service, unless the Veterans Administration, of 
other qualified agency, shall certify to the retirement board that no 44 
pension or allowance would be payable to any person on the basis of 
such disability. (120 v. S. 89. Eff. June 30, 1943.) 
Sec. 486-63a. (Method of computing allowance for service 
where retiring member is also member of state teachers or school! 
employes retirement system.) Any other provisions of law to the 
contrary notwithstanding: (a) A member of the public employes 
retirement system who has ceased to be an employe as defined in this 
act, and who is also a member of either the state teachers retirement 
system or the school employes retirement system, or both, hereafter 
referred to as the state retirement systems, shall not be entitled to 
withdraw his accumulated contributions. 
(b) The total service credited in all state retirement systems 
shall be used in determining the service requirement of a member for 
the purpose of disability retirement. The amount of the disability 
retirement allowance shall be determined upon the assumed basis that 
such total service was rendered and all accumulated contributions 
deposited in this system. The retirement board shall retire such 
member provided the greatest number of years is in this system and 
each of the other retirement systems shall pay to this system at 
least annually its proper proportionate share of such allowance 
based upon the ratio that the service credit in either or both of the 
other systems is to the total service credit in all systems. 
(c) The total service credited in all state retirement systems may 
be used in determining the eligibility and the total retirement allow- 
ance of a member for the purpose of superannuation retirement as 
provided in sections 486-59, 486-60, and 486-61 of the General Code. 
The retirement board shall retire such member provided the largest 
retirement allowance is payable by this system. The total retirement 
allowance shall equal the combined retirement allowances payable 
by all of the state retirement systems. At least annually each state 
retirement system shall pay to this system its share of such total 
allowance. 
(d) The retirement board shall grant credit for all prior service 
as now defined by this act which was not granted to members who 
retired prior to June 30, 1938. Allowances to such persons shall be 
recomputed efifective as of July 1, 1943. (120 v. S. 89. Efif. June 30, 
1943-) 
Sec. 486-63!). (Employment during an emergency of persons 
receiving retirement allowances; declaration and notice of employ- 
ment; procedure where declaration not made; suspension and 
resumption of retirement allowance; procedure in case of death.) 
Until July 1, 1945, any employer, as defined by this act, may employ 45 
any person or persons receiving retirement allowances under the 
provisions of sections 486-59, 486-60, and 486-61 of the General Code, 
such retired persons hereinafter to be referred to as superannuates, 
provided such employer shall formally declare that an emergency 
exists, and shall file with the retirement board a copy of such 
declaration, together with the name or names of the superannuates 
who are to be employed. In any case of employment of such super- 
annuates without having filed the aforesaid declaration and notice of 
employment, such employer shall pay to the retirement board an 
amount equal to the portion of the retirement allowance paid to such 
superannuates subsequent to the date of employment from funds 
provided by the employer. The retirement allowances being paid 
to such superannuates shall cease within a maximum period of 
thirty days following such acceptance of re-employment. In case 
of the death of a superannuate during a period of re-employment, 
the retirement board shall pay to the estate or beneficiary of such 
deceased superannuate the total of all suspended annuity payments 
to which such superannuate was entitled from his accumulated con- 
tributions, with interest on such deferred amount at such rate as 
the retirement board shall determine. 
When a superannuate is re-employed as provided herein, he shall 
become a new member of the retirement system and shall have all 
rights and privileges and be charged with all obligations of such 
membership. 
If a superannuate thus re-employed again ceases to be an 
employe, the retirement board shall resume within thirty days of 
such separation the exact retirement allowance to which such person 
was formerly entitled. In addition thereto, the retirement board shall 
pay in one sum the total of all suspended annuity payments to which 
such superannuate was entitled from his accumulated contributions, 
with interest on such deferred amount at such rate as the retirement 
board shall determine. 
The retirement board shall have authority to make rules and 
regulations, not inconsistent with the provisions of this section, to 
carry into effect the provisions thereof and to prevent abuse of the 
rights granted. (120 v. S. 89. Eff. June 30, 1943.) 
Sec. 486-64. (Disability beneficiary considered on leave of ab- 
sence; annual medical examination; restoration to position and sal- 
ary, when; allowance ceases, when; refusal to submit to medical 
examination.) A disability beneficiary, notwithstanding; the pro- 
visions of this act, shall be considered on leave of absence during- his 
first five years on the retired list and shall retain his membership in 46 
the retirement system. Once each year during said period, the 
retirement board shall require any disability beneficiary under the 
minimum age for superannuation retirement to undergo medical 
examination, said examination to be made at the place designated by 
the retirement board. Upon completion of such examination by an 
examining physician, or physicians, selected by the retirement 
board, the examiner shall report and certify to the board whether 
said beneficiary is physically and mentally capable of resuming service 
similar to that from which he was retired. If the retirement board 
concur in a report by the examining physician, or physicians, that 
the said disability beneficiary is capable of resuming service similar 
to that from which he was retired, the board shall so certify to the 
civil service commission, in case he is employed in the classified 
service, and if not, to his last employer before retirement and said 
civil service commission or employer, by the first day of the next 
succeeding year shall restore said beneficiary to his previous position 
and salary or to a position and salary similar thereto. Should any 
disability beneficiary die during such leave of absence aforesaid his 
estate shall be paid the balance of his accumulated contribution, if 
any, which remains to his credit at his death. Should a disability 
beneficiary be restored to active service his retirement allowance 
shall cease and the annuity and pension reserves on his allowance at 
that time in the annuity and pension reserve fund shall be transferred 
from the annuity and pension reserve fund to the employes’ savings 
fund and the employer’s accumulation fund respectively. Should any 
disability beneficiary, during his first five years on the retired list 
and while under the age of sixty years, refuse to submit to a medical 
examination as required by this act, his retirement allowance shall 
be discontinued until his withdrawal of such refusal, and should such 
refusal continue for one year, all his right in and to such retirement 
allowance shall be forfeited. After a disability beneficiary has been 
on the retired list for a period of five years he shall not be required 
to submit to further disability examination. (117 v. 57.) 
Sec. 486 65. (Payment to contributor who ceases to be a state 
employe.) A contributor who ceases to be a state employe for any 
cause other than death or retirement, upon demand, within ten years 
after such cessation of service, shall be paid the accumulated con- 
tributions standing to the credit of his individual account in the state 
employes’ savings fund. Ten years after such cessation gf service, 
if no previous demand has been made, any accumulated contributions 
of a contributor shall be returned to him or to his legal representative. 
If the contributor or his legal representatives cannot then be found, 47 
his accumulated contributions shall be forfeited to the retirement 
system and credited to the guarantee fund. (115 v. 625.) 
Sec. 486-65a. (Membership shall cease, when; exception; leave 
of absence.) Membership shall cease upon refund of accumulated 
contributions or upon retirement except as provided in section 486-64 
of the General Code, relative to disability retirement. A member 
who separates from his service as a public employe for any reason 
other than death or retirement may leave his accumulated con- 
tributions, if any, on deposit with the retirement board and, for the 
purposes of the retirement system, be considered on a leave of 
absence for a period of five years, at the end of which period, if 
such member has not returned to active service as a public employe, 
the retirement board may, upon application, grant such additional 
leave as the retirement board may deem proper, providing that such 
additional leave shall not exceed a period of five years. A member 
who ceases to be a state, county, municipal, park district, conserv- 
ancy, health, township, or public library employe and who does not 
withdraw the accumulated contributions standing to his credit in the 
employes savings fund and who subsequently becomes eligible and 
accepts membership in any other retirement system established under 
the provisions of the laws of this state or of any charter shall be 
considered for retirement purposes as being on an indefinite leave 
of absence as long as such member retains membership in such other 
retirement system. Members on such leaves of absence shall retain 
all rights and privileges of membership in the retirement system. 
Members who separated from the state service subsequent to Octo- 
ber 20, 1933, and prior to January 1, 1935, shall be considered upon 
such leave. (120 v. H. 419. Efif. September 16, 1943.) 
Sec. 486-66. (Payment on death of contributor.) Should a con- 
tributor die before retirement, his accumulated contributions shall 
be paid to his estate or to such person as he shall have nominated 
by written designation duly executed and filed with the retirement 
board. If no legal representatives can be found, his accumulated 
contributions shall be forfeited to the retirement system and credited 
to the guarantee fund. (115 v. 625.) 
Sec. 486-67. (Beneficiary may elect manner of payment; 
options.) Until the first payment on account of any benefit is made, 
the beneficiary may elect to receive such benefit in a retirement 
allowance payable throughout life, or the beneficiary may then elect 
to receive the actuarial equivalent at that time of his annuity, his 
pension, or his retirement allowance, in a lesser annuity, or lesser 48 
pension, or a lesser retirement allowance, payable throughout life, 
with the provision that, 
Option 1. Upon his death, his annuity, his pension, or his retire- 
ment allowance shall be continued through the life of and paid to 
such person, having an insurable interest in his life, as he shall 
nominate by written designation duly acknowledged and filed with 
the retirement board at the time of his retirement. 
Option 2. Upon his death, one-half of his annuity, his pension, 
or his retirement allowance, shall be continued through the life of 
such person, having an insurable interest in his life, as he shall nom- 
inate by written designation duly acknowledged and filed with the 
retirement board at the time of his retirement. 
Option 3. Some other benefit or benefits shall be paid to the 
beneficiary or to such other person or persons as he shall nominate, 
provided such other benefit or benefits, together with such lesser 
annuity or lesser pension, or lesser retirement alowance, shall be 
certified by the actuary engaged by the retirement board to be of 
equivalent actuarial value to his annuity, his pension, or his retire- 
ment allowance, and shall be approved by the retirement board, 
(n7 v. 57.) 
Sec. 486-68. (Per centum of compensation required as contribu- 
tion; deduction.) Beginning- January 1st, 1935, each state employe 
who is a member of the state employes retirement system shall 
contribute four per centum of his earnable salary or compensation, 
not exceeding two thousand dollars per annum, to the employes 
savings fund. The head of the department shall deduct from the 
compensation of each contributor on each and every pay-roll of such 
contributor for each and every pay-roll period subsequent to the 
date upon which such contributor became a member, an amount equal 
to four per centum of such contributor’s earnable salary or compen- 
sation, provided that the amount of a contributor’s earnable salary 
or compensation in excess of two thousand dollars per annum shall 
not be considered. The retirement board may accept contributions 
provided for in this act on any salary or salaries earned during any 
pay-roll period or periods without regard to the maximum salary 
provisions, provided deductions cease entirely for the remainder of 
the calendar year if and when the total contribution’s deducted from 
the member’s salary for the employes savings fund for such calendar 
year equal four per centum of two thousand dollars. In determining 
the amount earnable by a contributor in a pay-roll period, the retire- 
ment board and the head of the department may consider the rate of 
compensation payable to such contributor on the first day of the pay- 49 
roll period, and deductions may be omitted from such compensation 
for any period less than a full pay-roll period, if an employee was not 
a contributor on the first day of the pay-roll period. (118 v. 112.) 
Sec. 486-68a. (Payment to “normal contribution” and “defi- 
ciency contribution” funds; rates of contributions.) Beginning Janu- 
ary 1, 1939, each county, municipality, park district, conservancy 
district, health district, and public library as employers, and beginning 
Janary 1, 1945, the state of Ohio as employer, and beginning October 
1, 1943, each township as employer, shall pay to the employer’s 
accumulation fund a certain per centum of the compensation of each 
employe member, to be known as the “normal contribution,” and a 
further per centum of the earnable compensation of each such mem- 
ber to be known as the “deficiency contribution.” The rates per 
centum of such contribution shall be fixed on the basis of the liabil- 
ities of the retirement system and shall be certified to the director of 
finance, and to the heads of the various departments, by the retire- 
ment board after each actuarial valuation. Beginning January 1, 
1938, and until January 1, 1939, each county, municipality, park 
district, conservancy district, health district and public library, shall 
pay to the retirement board into such funds as the board may desig- 
nate, an amount not exceeding one and twenty-five hundredths per 
centum of the earnable salary or compensation of each employe 
member, as may be certified by the retirement board. In computing 
the contributions of each county, municipality, park district, con- 
servancy district, health district, township and public library, as 
herein provided, the amount of a contributor’s earnable salary or 
compensation in excess of two thousand dollars per annum shall not 
be considered. Beginning January 1, 1938, and until January 1, 1945, 
the state shall pay to the retirement board into such funds as the 
board may designate, the amount necessary to pay the state’s share 
of the retirement allowance of such state employes who may be 
retired during that period, and any unexpended balance in such appro- 
priation existing on December 31, 1944, shall lapse into the fund 
from which such moneys are appropriated. (120 v. H. 419. Eff. Sep- 
tember 16. 1943.) 
Sec. 486-68I3. (“Normal contribution" rate, how determined) 
On, the basis of such mortality and other tables as shall be adopted 
by the retirement board, the actuary engaged by the retirement board 
to make each valuation required by this act during the period over 
which the deficiency contribution is payable, immediately after mak- 
ing such valuation, shall determine uniform and constant percentage 
of the earnable compensation of the average new member who is a 5° 
contributor, which, if contributed on the basis of the compensation of 
such contributor throughout his entire period of active service, would 
be sufficient to provide at the time of his retirement the total amount 
of his pension reserve. The rate per centum so determined shall be 
known as the “normal contribution” rate. After the deficiency con- 
tribution has ceased to be payable, the normal contribution shall be 
at the rate per centum of the earnable salary of all contributors 
obtained by deducting from the total liabilities of the employer’s 
accumulation1 fund of the amount of the funds in hand to the credit 
of that fund and dividing the remainder by one per centum of the 
present value of the prospective future salary of all contributors as 
computed on the basis of the mortality and service tables adopted by 
the retirement board and shall be certified to the director of finance 
by the retirement board and shall continue in force until a new 
valuation and certification. (117 v. 57.) 
Sec. 486-68c. (“Deficiency contribution.”) Immediately suc- 
ceeding the first valuation, the actuary engaged by the retirement 
board shall compute the percentage of the total compensation of all 
contributions during the preceding year which is equivalent to four 
per centum of the amount of the total pension liability to all con- 
tributors not dischargeable during the remainder of the active service 
of all contributors by the aforesaid normal contribution. The con- 
tributions derived by deductions at the rate per centum so determined 
shall be known as the “deficiency contribution.” (117 v. 57.) 
Sec. 486-68CI. (Payments into employer’s accumulation fund by 
state; purpose.) On and after January i, 1939, each county, munic- 
ipality, park district, conservancy district, health district and public 
library, and on or after January 1, 1945, the state and on or after 
October 1, 1943, each township, shall pay into the employer’s accumu- 
lation fund, in such monthly or less frequent' installments as the 
retirement board shall require an amount certified by the retirement 
board which shall equal the per centum of the total compensation, 
earnable by all contributors during the preceding year, which is the 
sum of the two rates per centum hereinbefore described and required 
to be computed, to wit, the sum of the normal contribution rate plus 
the deficiency contribution rate. The aggregate of all such payments 
by the state shall be sufficient, when combined with the amount in 
the employer’s accumulation fund, to provide the pensions payable 
out of the fund during the year then current, and if not, the additional 
amount so required shall be collected by means of an increased rate 
per centum of the deficiency contribution which shall be certified to 5i 
the state by the retirement board and shall continue in force for the 
period of one year. (120 v. H. 419. Eff. September 16, 1943.) 
Sec. 843-1. (What deemed to be a hotel.) Every building or 
other structure kept, used, maintained, advertised or held out to the 
public to be a place where food is served and sleeping accommo- 
dations are offered for pay to transient guests, in which five or more 
rooms are used for the accommodation of such guests, and having 
one or more dining rooms or cafes where meals or lunches are served 
to such transient guests, such sleeping accommodations and dining- 
rooms being conducted in the same building or in buildings in con- 
nection therewith, and every building or other structure kept, used, 
maintained, advertised or held out to the public to be a place where 
sleeping accommodations are offered for pay to transient guests, in 
which five or more rooms are used for the accommodation of such 
guests, shall, for the purpose of this act, be deemed a hotel. (108 v. 
288.) 
Sec. 843-2. (Term restaurant defined.) Every building or other 
structure kept, used, maintained, advertised or held out to the public 
to be a place where meals or lunches are served for consideration, 
without sleeping accommodations, shall, for the purpose of this act, 
be defined to be a restaurant. (108 v. 288.) 
Sec. 843-3. (Who shall procure license; transfer, when.) On or 
before May first, nineteen hundred and twenty, and the first day of 
January in each year thereafter, every person, firm or corporation 
now engaged in the business of conducting a hotel or restaurant, or 
both in this state and who shall hereafter engage in conducting such 
business in this state, shall procure a license for each hotel or 
restaurant so conducted or proposed to be conducted; provided, that 
one license shall be sufficient for each combined hotel and restaurant 
where both are conducted in the same building and under the same 
management. No hotel or restaurant shall be maintained and con- 
ducted in this state after the taking effect of this act without a 
license. A person, firm or corporation who has received a license as 
aforesaid, upon the sale or disposition of said hotel or restaurant or 
the removal to a new location may, upon obtaining consent of the 
state fire marshal, have said license transferred but no license shall 
be transferred without his consent. 
Provided, however, that a license to maintain and operate a hotel 
shall not be issued to the keeper, owner or lessee of any hotel, nor 
the keeper or owner of a rooming or boarding house, where accom- 
modations for assignation purposes are furnished, nor to any keeper, 52 
owner, or lessee who has been convicted of keeping a place in 
violation of the law relating to houses of assignation or places of 
public nuisance. 
Nothing in this act shall be construed to apply to family hotels, 
apartment houses, lodging houses, rooming houses, or dining or 
sleeping cars, hospital or college dormitories, but a license shall be 
issued for any such hotel or house, upon application, in the manner 
and form provided with respect to hotels, and upon the payment of a 
like license fee, and thereupon such licensee shall be deemed and held 
to be subject to the provisions of this act, and entitled to all the 
benefits and privileges and subject to all the obligations and penalties 
thereof. (119 v. 32.) 
Note: Report violation to State Fire Marshal. 
Sec. 843-5. (Sanitary provisions.) In every hotel or restaurant 
the person, firm or corporation operating which is required to have 
a license by the provisions of this act, the kitchen, dining room, cellar, 
office, ice boxes, refrigerators and all places where foods are pre- 
pared, kept or stored, shall be kept clean and in a sanitary condition. 
The toilets and outclosets shall, at all times be kept in a clean and 
sanitary condition in such restaurants and hotels. All garbage, tin 
cans and kitchen refuse must be kept in a tight, metal can with a lid 
encircling the top of the can and said contents must be removed once 
daily. The dining rooms, kitchens and pantries where food is kept, 
stored or served, must be thoroughly screened from flies and insects. 
Serving tables, trucks, trays, boxes, buckets, knives, saws, cleavers 
and other utensils and machinery used in moving, handling, cutting, 
chopping, mixing or serving foods are required to be thoroughly steri- 
lized daily by hot water or steam, and thoroughly cleaned and the 
clothes and hands of cooks, stewards, waiters and persons handling 
food must be clean and sanitary. 
In all restaurants and hotels where food is on display the same 
shall have full protection from dust, dirt, flies and vermin by being 
kept under a glass case. (108 v. 289.) 
Sec. 843-6. (Employees must be free from certain diseases.) 
No person suffering from or afflicted with tuberculosis, a venereal 
or a contagious disease shall be employed in or about any part of a 
restaurant or its kitchen, or handle food stuffs or products used 
therein, and the state fire marshal or his deputies shall have the 
power to compel a person handling food stuffs in any restaurant 
or hotel to present a certificate from a reputable physician showing 
him or her to l>e free from any infectious or contagious disease. 
(108 v. 290.) Sec. 843-9. (Plumbing, lighting and ventilation.) Every hotel 
and restaurant in this state shall have proper plumbing, lighting and 
ventilation which shall conform to the provisions of the building code 
so far as they apply. (108 v. 290.) 
Sec. 843-10. (Lavatories, sinks, drains, closets, etc.) In all 
cities and villages where a system of waterworks and sewerage is 
maintained for public use, every hotel and restaurant coming under 
this act shall within six months after the taking effect of this act be 
equipped with a sufficient number of suitable water-closets for the 
accommodation of its guests, which water-closets shall be ventilated 
and connected by proper plumbing with such sewerage system. All 
lavatories, bathtubs, sinks, drains, closets and urinals in such hotels 
or restaurants shall be properly constructed and shall be kept clean 
and well ventilated at all times. Separate apartments shall be 
furnished for different sexes, each being properly designated. (108 
v. 291.) 
Sec. 843-11. (Beds and bedding.) All hotels shall provide each 
bed, bunk, cot or other sleeping place for the use of guests with 
pillow slips and under and top sheets. Such top sheets shall be at 
least ninety inches in length. Such sheets and pillow slips shall be 
made of white cotton or linen, and all such sheets and pillow slips, 
after being used by one guest, shall be washed and ironed before 
being used by another guest. (108 v. 291.) 
Sec. 843-12. (Bedding, floors, carpets, etc., must be kept sani- 
tary.) All bedding, including mattresses, quilts, blankets, pillows, 
sheets and comforts used in any hotel or rooming house in this state 
must be thoroughly aired, disinfected and kept clean; and no bedding 
which is infested with vermin or bedbugs shall be used on any bed 
in any hotel or rooming house. All floors, carpets and equipment in 
hotels and restaurants, and all walls and ceilings shall be kept in a 
clean and sanitary condition at all times. (108 v. 291.) 
Sec. 843-13. (When fumigation required.) When any room has 
been occupied by a person having an infectious or contagious disease, 
such room shall not be used again until thoroughly fumigated and 
the bedding and pillows therein disinfected. (108 v. 291.) 
Sec. 843-14. (Bed in cook room prohibited.) No cot, bed or 
bunk may be kept or used for sleeping purposes in any room in which 
foodstuffs are prepared or cooked. 
(Notice, how served.) All notices to be served by the state fire 
marshal, provided for in this act, shall be in writing and shall be 
either delivered personally or by United States mail addressed to 54 
the owner, agent, lessee or manager of such building and premises, 
or the owner, lessee, agent or manager of such hotel or restaurant. 
(108 v. 291.) 
Sec. 1009. (Providing toilets, dressing rooms, etc.) The owner 
or person having charge of the building wherein any female is em- 
ployed shall provide in each establishment on the same floor or the 
floor immediately above or immediately below the floor where such 
employe works, suitable and separate toilet and dressing rooms and 
water-closets, properly ventilated, for the exclusive use of such em- 
ployes. Such toilet and dressing rooms and water closets shall be 
situated together, with one water-closet for every twenty-five 
females or less, and where there are more than twenty-five females 
employed, additional water-closets shall be provided in the same 
ratio; no toilet or dressing room or water-closet shall be placed in 
the basement or cellar unless females are actually and regularly em- 
ployed therein, and unless such basement or cellar is properly ven- 
tilated. (102 v. 488.) 
Sec. 1010. Closets in towns without sewerage.) In cities, towns 
and villages not provided with water works and sewerage, closets 
in the same ratio as above mentioned in section 1009 shall be placed 
on the outside of such building, at a distance not to exceed fifty and 
not less than twenty feet from such building, with suitable and 
separate toilet and dressing rooms in such building, or such building 
may be provided with a dry closet system at the same ratio provided 
in section 1009, closets to be supplied with disinfectants and kept 
in good sanitary condition at all times. (102 v. 489.) 
Sec. ion. (Penalty; enforcement.) Any person, partnership or 
corporation or agent thereof, who shall violate any of the provisions 
of this act, shall upon conviction be fined not less than twenty-five 
dollars, nor more than two hundred dollars. It shall be the duty of 
the chief inspector of workshops and factories to see that the pro- 
visions of this act are enforced, and in all prosecutions brought by or 
under the direction of the chief inspector for the violation of this 
act, the complainant shall not be held to give security for costs or 
adjudged to pay any costs, but in all cases where the accused is 
acquitted, the costs shall be paid out of the county treasury of the 
county in which proceedings have been brought; any justice of the 
peace, police judge or mayor of any city or village shall have the same 
jurisdiction provided in sections 13423, 13432, 13433, 13434, 13435, 
13436,* 13437, 13438 and 13439 of the general code in all cases of 
(*) This section repealed. prosecution for the violation of any of the provisions of this act. 
(l02 V. 489.) 
Sec. ioii-i. (Sanitary wasb rags; penalty.) No person, ffrm, 
co-partnership, or corporation, operating a workshop or factory, shall 
furnish or deliver to any employee, any cloth or other material to be 
used as wiping rags by employes in such workshops or factory, 
unless such cloth or other material shall first be thoroughly washed 
with soap and alkali soda, sterilized with chemical preparations and 
dried with an average heat of 212 degrees. Whoever violates any of 
the provisions of this act, for a first offense shall be fined not less 
than twenty-five dollars nor more than one hundred dollars; for a 
second offense shall be fined not less than two hundred dollars nor 
more than three hundred dollars; and for a third and each subsequent 
offense, shall be imprisoned in the workhouse for not less than thirty 
days nor more than ninety days, (no v. 314) 
Sec. 1012. (Plumbing and ventilation of bakeries; use of cellar 
or basement.) All bakeries shall be drained and plumbed in a sanitary 
manner and provided with such air-shafts, windows or ventilating 
pipes, as the chief inspector of workshops and factories or a district 
inspector directs. No cellar or basement shall be used as a bakery, 
except that the foregoing provision as to the prohibition of the use 
of a cellar or basement as a bakery shall not apply to establishments 
in which the sale of bakery products is not the primary business 
and which were doing business under the laws of Ohio on and before 
the effective date of this act. (120 v. H. 411. Eff. May 28, 1943.) 
Sec. 1013. (Wash rooms, etc., apart from bakery.) Each bakery 
shall be provided with a suitable wash room and water-closet apart 
from the bake room where manufacturing of food products is con- 
ducted. No water-closet, earth-closet, privy or ash-pit shall be in or 
communicate directly with a bake shop or any bakery for a hotel or 
public restaurant. (93 v. 160.) 
Sec. 1014. (Height of room; side walls and ceiling.) Each room 
used for the manufacture of flour and meal food products shall be at 
least eight feet in height. Side-walls of such a room shall be plastered 
or wainscoted and the ceiling plastered or ceiled with lumber or 
metal. If recpiired by the inspector of workshops and factories, such 
side-walls and ceilings must be whitewashed or painted at least once 
in three months. The furniture, utensils and machinery of each rdom 
shall be so arranged as to be easily moved and the furniture and 
floor kept thoroughly cleaned and in a sanitary condition. (93 v. 160.) 
Sec. 1015. (Storage of manufactured products.) Manufactured 56 
flour or meal food products shall be kept in dry and airy rooms so 
arranged that the floors, shelves and other facilities for storing them 
can be easily and thoroughly cleaned. (93 v. 160,) 
Sec. 1016. (Sleeping places.) The sleeping places for persons 
employed in a bakery shall be kept separate from a room in which 
flour and meal products are manufactured or stored. The chief 
inspector of workshops and factories or a district inspector may 
inspect such sleeping places, if they are on the same premises as the 
bakery, and order them cleaned and changed in compliance with 
sanitary principles. (93 v. 160.) 
Sec. 1020. (Rooms used for manufacture of wearing apparel or 
tobacco goods.) No dwelling or building or room or apartment 
thereof in or connected with a tenement, dwelling or other building 
shall be used, except by the immediate members of the family living 
therein, for carrying on any process of making wearing apparel or 
goods for wear, use or adornment, or for manufacturing cigars, 
cigarettes or tobacco goods in any form, if such wearing apparel or 
other goods are to be exposed for sale or sold by a manufacturer, 
wholesaler or jobber or by a retailer, unless such room or apartment 
is made to conform to the requirements and regulations herein 
provided. (92 v. 317.) 
Sec. 1021. (Entrances required for such room.) Each room or 
apartment used for the purposes named in the preceding section, 
except by the immediate members of the family living therein, shall 
be regarded as a shop or factory and shall be separate from and have 
no door, window or otjrer opening into a living or sleeping room of a 
tenement or dwelling. No such shop or factory shall be used for 
living or sleeping purposes or contain any bed, bedding or cooking 
utensils, or other utensils, except those required to carry on the work 
therein. Each such shop or factory shall have a direct entrance 
from the outside, and, if above the first floor, have a separate and 
distinct stairway leading thereto, and be well and sufficiently lighted, 
heated and ventilated. (92 v. 317.) 
Sec. 1022. (Water-closets for such rooms.) A shop or factory 
used for the purposes named in the preceding two sections shall have 
suitable closet arrangements for each sex employed therein. When 
there are ten or more persons and three or more to the number of 
twenty-five are of either sex, a separate and distinct water-closet, 
either inside the building with adequate plumbing and connections, 
or on the outside at least twenty feet from the building, shall be pro- 
vided for each sex. When the number employed is more than twenty- five of either sex, there shall be provided an additional water-closet 
for each sex up to the number of fifty persons and above that number 
in the same ratio. Such closets shall be kept exclusively for the use 
of employes or employers in such shop or factory. (92 v. 317.) 
Sec. 1031. Inspection of school-houses and other buildings.) The 
department of industrial relations shall cause to be inspected all 
school-houses, colleges, opera houses, halls, theaters, churches, 
infirmaries, children’s homes, hospitals, medical institutes, asylums, 
and other buildings used for the assemblage or betterment of people 
in the state. Such inspection shall be made with special reference to 
precautions for the prevention of fires, the provision of fire escapes, 
exits, emergency exits, hallways, air space, and such other matters 
which relate to the health and safety of those occupying, or assembled 
in, such structures, (no v. 280.) 
Sec. 1038-25. (Definitions.) The words, terms and phrases as 
used in this act shall have the following meaning: 
“Department” rpeans the department of industrial relations as 
provided for in section 154-3 of the General Code. 
“Division” means the division of factory inspection as provided 
for in section 154-6 of the General Code. 
“Director” means the director of the department of industrial 
relations as provided for in section 154-3 of the General Code. 
“Chief of division” means the chief of the division of factory 
inspection and chief inspector of workshops and factories as provided 
for in sections 154-6 and 980 of the General Code. 
“Person” means an individual, group of individuals, partnership, 
corporation or association. 
“Bedding” means and shall include any mattress, upholstered 
spring, comforter, bolster, pad, cushion, pillow, mattress protector, 
quilt and any other upholstered article, to be used for sleeping pur- 
poses. 
“Material” means any article, substance or substances or portions 
thereof used in the manufacture, repair or renovation of bedding. 
“New material” means any material which has not been used in 
the manufacture of another article or used for any other purpose. 
“New material” also includes by-products of machines at mills using 
only new raw material. 
“Reprocessed material” means any material reclaimed from any 
new fabric or product which has never been used. 
“Secondhand material” means any material which is not “new” 
or “reprocessed” as herein defined. 
“Secondhand article of bedding” means any article of bedding 58 
which has been put to bodily use by, on or about any person or 
animal and is sold or offered for sale “as is”. 
“Remade” or “renovated” articles of bedding not for sale shall 
mean any article of bedding that is remade or renovated for and is 
returned to the owner for his own use. 
“Sale”, “sell” or “sold” shall, in the corresponding tense, mean 
sell, offer to sell, or deliver or consign in sale, or possess with intent 
to sell, deliver or consign in sale. 
All words, terms and phrases used in this act shall include the 
plural and singular, masculine and feminine as the case demands. 
(120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-26. (Tag or label with adhesive stamp attached to bed- 
ding; tag contents and requirements.) Every article of bedding 
manufactured for sale, delivered, consigned or possessed for sale, 
sold or offered for sale, remade or renovated for return to the owner, 
in this state shall have securely attached thereto a cloth tag or label, 
or a tag or label made of such other material as the director, with 
the advice of the advisory board, may prescribe, bearing the adhesive 
stamp hereinafter provided for. Such tag or label shall contain in 
plain print in the English language: 
(a) The name and address of the manufacturer, maker, distrib- 
utor or vendor of the bedding article ; 
(b) The manufacturer’s registry number required under section 
1038-27 of this act; 
(c) The name of the material or materials used in such article 
of bedding; and 
(d) In type, not less than one-eighth inch high, the words 
“MADE OF NEW MATERIAL” if such article of bedding contains 
only new material; or 
In type, not less than one-fourth inch high, the words “MADE 
OF REPROCESSED MATERIAL” if such article of bedding con- 
tains any reprocessed material as defined in this act; or 
In type, not less than one-fourth inch high, the words “MADE 
OF SECONDHAND MATERIAL” if such article of bedding con- 
tains any secondhand material as defined in this act. 
The tag or label reading “MADE OF NEW MATERIAL” shall 
be not less than two (2) by three (3) inches in size. 
The tag or label reading “MADE OF REPROCESSED MATE- 
RIAL” shall be a white tag or label not less than three (3) by six (6) 
inches in size and shall have an amber border at least inch wide 
and the printing required on such tag or label shall be in amber ink. 
The tag or label reading “MADE OF SECONDHAND MATE- 59 
RIAL” shall be a white tag or label not less than four (4) by eight 
(8) inches in size and shall have a red border at least inch wide 
and the printing required on such tag or label shall be in red ink. 
Provided, however, that on pillows made of “secondhand materials” 
or “reprocessed materials” such tag or label shall be not less than 
three (3) by four (4) inches in size and the type not less than one- 
quarter inch high. 
Any person selling, offering for sale or having in his possession 
for sale any “secondhand article of bedding”, as defined in this act, 
shall, immediately upon receiving such secondhand article of bedding, 
remove the original tag or label and securely attach thereto a red 
tag or label, not less than four (4) by eight (8) inches in size, on 
which shall be legibly written or printed in black the words: 
“SECONDHAND 
PREVIOUSLY USED 
CONTENTS UNKNOWN” 
Such tag or label shall have affixed thereto the stamp required under 
the provisions of section 1038-27 of this act. Provided, however, 
that this provision shall not apply to the sale of antique furniture or 
to the sale from the home of the owner direct to the purchaser. 
Nothing likely to mislead or tending to mislead or deceive shall 
be used on any tag or label and every tag or label shall contain all 
statements required by this act and shall be securely sewed to the 
outside covering of such bedding before the filling material has been 
inserted; provided, however, that on pillows, mattress protectors, 
quilts, bolsters and comforters such tag or label may be attached 
thereto after the filling material has been inserted. 
When an article of bedding is manufactured or made of “re- 
processed material” or “secondhand material”, as herein defined, each 
such article shall have the tag or label required by this act securely 
sewed by each of its four edges to each sleeping surface of the bed- 
ding article, except that on comforters, mattress protectors, quilts, 
cushions and pillows, only one such tag shall be used, which shall be 
sewed by one of its ends to an outside seam thereof. 
Material known in the cotton waste trade as “sweeps”, “oily 
sweeps”, or “oily card” shall be designated as “mill sweepings” on 
such tag or label. 
The name “felt” shall not be used unless the material has been 
carded in layers by a garnett or card machine. 
Any person who receives an article of bedding for remaking or 
renovation shall, while such article is in his possession for remaking or renovation, keep attached thereto a tag or label showing the date 
of receipt and the name and address of the owner. 
No person, other than a purchaser for his own use, shall remove 
from any article of bedding or alter or deface the tag, label or stamp 
required under the provisions of this act, except as herein otherwise 
provided. (120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-27. (Administration and enforcement of act; applica- 
tion for registration number; certificate of registration; sale of ad- 
hesive stamps by department; purpose.) The department of indus- 
trial relations shall administer and enforce the provisions of this act. 
All persons manufacturing or making bedding which is sold, consigned 
or delivered for sale, or offered for sale, or remaking or renovating 
bedding, in the state of Ohio shall make application for, in such form 
as the director shall prescribe, and obtain from the director a regis- 
tration number which shall be printed on each tag or label required 
to be attached to all bedding articles manufactured, made, remade or 
renovated by such person for sale or use in this state. Upon receipt 
of any such application the director shall issue to the applicant a cer- 
tificate of registration showing such person’s name and address, 
registration number and such other pertinent information as the 
director deems necessary. For the purpose of providing funds for 
the administration and enforcement of the provisions of this act, the 
director shall prescribe and make available to any registered person 
manufacturing or making bedding for sale in this state, or any person 
selling or offering for sale “secondhand articles of bedding”, specially 
designed adhesive stamps, one of which shall be securely affixed to 
one of the tags or labels required to be sewed or attached to each 
article of bedding under the provisions of section 1038-26 of this act. 
The stamps herein provided for shall be sold by the department in 
amounts of not less than one thousand, or multiples thereof, at the 
rate of ten dollars per thousand stamps. The funds derived from the 
sale of said stamps and all fees, fines and penalties collected here- 
under shall be paid into the state treasury to the credit of a rotary 
fund to be used and appropriated for the administration and enforce- 
ment of this act. Whenever the funds accumulated in said fund in 
any biennial period, exceed the amount required for the enforcement 
of the provisions of this act, such excess funds shall be transferred 
to the general revenue fund. (120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-28. (Appointment of inspectors; salaries; qualifica- 
tions; duties and powers; findings and recommendations; written 
reports.) For the purpose of enforcing and carrying out the provi- 
sions of this act, the director is hereby authorized and empowered to 61 
appoint two (2) inspectors, and to fix their salaries and compensation, 
in accordance with the salary schedule for inspectors provided for in 
the general appropriation act. The director, with the advice of the 
bedding advisory board, shall determine the qualifications of the in- 
spectors so appointed. The director, with the advice and consent of 
the bedding advisory board, may appoint such additional inspectors, 
not to exceed two, as the work under the provisions of this act re- 
quires. 
It shall be the duty of the inspectors appointed under the pro- 
visions of this act to inspect periodically every establishment where 
bedding is manufactured, made, remade, renovated, sterilized, sold 
or offered for sale, or where previously used material is processed 
for use in the manufacture of bedding regulated under this act. 
When an inspector has cause to believe that any bedding is not 
tagged or labeled as required by this act, he shall have authority to 
open a seam or seams of such bedding to examine the material used 
and to take a reasonable amount of such material for testing and 
analysis and, if necessary, to examine any and all purchase records, 
in order to determine the kind of material used in such bedding. 
Such inspector shall have power to seize and hold for evidence any 
article of bedding or material manufactured, made, possessed, sold or 
offered for sale contrary to the provisions of this act; and upon so 
doing shall immediately report such fact to the director of industrial 
relations who shall forthwith conduct a hearing or make a ruling in 
the matter, and upon finding that such article of bedding or material 
is not in violation of the provisions of this act shall order the same 
returned to the owner thereof. 
Any inspector who, after examination and inspection of any 
article of bedding, material used in bedding, or of any establishment 
where bedding is manufactured, made, remade, renovated, sterilized, 
sold or offered for sale, has found that there has been a violation 
of the provisions of this act shall immediately make a full and com- 
plete report to the director of his findings and recommendations. 
The director, after consideration of such report, may order a further 
examination and inspection, and in either event when he has cause 
to believe that such a person has violated any of the provisions of 
this act, shall cause prosecution of such person therefor. 
Each inspector shall make a written report to the department of 
each and every examination and inspection and of his findings and 
recommendations. Such inspectors shall perform such other duties 
relating to the inspection and examination of such establishments as 
the director may prescribe. (120 v. H. 42. Eff. August 31, 1943). 6 2 
Sec. 1038-29. (Designation of laboratories for tests and analy- 
ses; charges.) The director, with the advice of the bedding advisory 
board hereinafter created, shall designate established laboratories in 
various sections of the state that are qualified to make tests and 
analyses of articles of material used in the manufacture of bedding. 
When any inspector finds it necessary to have a test or analysis of 
material used in the manufacture of bedding, he shall have such test 
or analysis made at the most conveniently located approved labora- 
tory. The director, with the advice of the bedding advisory board 
hereinafter created, shall determine the fees and charges to be paid 
for making any such test or analysis. 
If the director determines that it is advisable to establish and 
maintain facilities within the department to make such tests and 
analyses of materials used in the manufacture of bedding, he is hereby 
authorized and empowered to do so. (120 v. H. 42. Efif. August 31, 
1943)- 
Sec. 1038-30. (Registration number required; suspension, revo- 
cation, etc., for violation; special inspection fee for reinstatement.) 
No person, except for his own use, shall manufacture, make, remake, 
renovate or deliver for sale any article of bedding until he has ap- 
plied for and received from the director a registration number as 
provided for in section 1038-27 of this act. The registration number 
so issued shall be valid until revoked or voided by the director for 
violation of this act. 
The director may suspend, revoke and void the registration num- 
ber of any person convicted of violating the provisions of this act. 
Such person shall not thereafter engage in the manufacture, making, 
remaking, renovating or delivering for sale in this state of articles 
of bedding until he has paid a special inspection fee of one hundred 
dollars and the director has determined that such person is comply- 
ing with the provisions of this act; whereupon he shall reinstate or 
reissue the registration number of such person. (120 v. H. 42. Eff. 
August 31, 1943.) 
Sec. 1038-31. (“Bedding advisory board” created; membership; 
qualifications; term; expenses; powers of board; variation of rules 
or regulations.) There is hereby created in the department of indus- 
trial relations a “bedding advisory board” which shall consist of eight 
members. The director of industrial relations shall be a member of 
said board and its chairman. The other seven members shall be 
appointed by the governor by and with the advice and consent of the 
senate. Five of such members so appointed shall be persons who 
on account of their vocations, employment or affiliations represent 63 
the manufacturing interests of the various products or branches of 
the bedding industry. The other two members shall be persons quali- 
fied to represent the retail business and the public. The term of office 
of each member shall be for a period of seven years; except that 
the terms of office of the members first appointed after the effective 
date of this act shall expire, as designated by the governor at the 
time of appointment, one at the end of one year, one at the end of 
two years, and one at the end of each succeeding year after the 
effective date of this act. The governor is hereby empowered and 
authorized to fill vacancies occurring in the membership of the board. 
Any member so appointed shall be appointed to serve during the 
unexpired term for which his predecessor was appointed. Each mem- 
ber of the “bedding advisory board” shall serve without salary, but 
shall receive actual and necessary travel and other expenses while 
engaged upon the work of the board. Such board shall meet quar- 
terly and at other necessary times at the call of the chairman. The 
governor may remove any member of the board when he ceases to 
represent the interest in whose behalf he was appointed. The board 
shall have full powers: 
(a) To consider all matters submitted to it by the director. 
(b) To propose and promulgate such rules and regulations per- 
taining to the definition, name and description of materials necessary 
to carry out and enforce the provisions of this act. 
(c) To make recommendations to the civil service commission 
relative to the qualifications and duties of the inspectors provided 
for in this act. 
(d) To exercise such other powers and duties as are necessary 
to carry out the purpose and intent of this act. 
If there shall be practical difficulty or undue hardship in carrying 
out the provisions of this act or of any rule or regulation adopted 
by the board, the director shall have power to make a variation from 
the provisions of such rule or regulation if the spirit of such rule or 
regulation is being observed. Whenever the director makes any such 
variation of a rule or regulation, he shall forthwith notify the mem- 
bers of the advisory board of such variation and set a date for the 
advisory board to meet and consider the reasons and causes necessary 
for making such variation in the rules or regulations. 
Such variation shall be effective for a period not to exceed thirty 
days during which time the board shall meet and approve, amend, 
modify or rescind the rule or regulation governing the condition or 
conditions requiring the variation of such rule or regulation. (120 
v. H. 42. Eff. August 31, 1943.) 64 
Sec. 1038-32. (Material prohibited for use.) No person shall use, 
in the manufacture or making of any article of bedding for sale or 
offered for sale in this state, any material that has been used by a 
person having an infectious or contagious disease or any material 
which has been a part of a bedding article so used. 
No person shall sell or offer for sale any article of bedding that 
has been used by a person having an infectious or contagious disease. 
(120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-33. (Penalty for violations; separate offense.) Who- 
ever manufactures or makes for sale, offers for sale, sells, delivers 
or has in his possession, for such purpose or purposes, an article of 
bedding which is not tagged or labeled as provided for in this act, 
or which does not have the stamp provided for by this act affixed to 
said tag or label, or which is falsely tagged or labeled, or whoever 
uses, in the making, manufacture, remaking or renovating of any 
article of bedding, material which has been used or formed a part 
of any article of bedding, that has been used by or about any person 
having an infectious or contagious disease, or whoever dealing in 
bedding articles has such an article in his possession for the purpose 
of sale or offers it for sale without the tag or label recpiired by this 
act, or removes, conceals, alters or defaces the tag or label thereon 
except as provided in this act, or whoever counterfeits the stamps 
provided for in section 1038-27 of this act, shall be fined not less than 
twenty-five ($25.00) dollars nor more than five hundred ($500.00) 
dollars, or be imprisoned in the county jail for not more than six 
(6) months, or both such fine and imprisonment. Each stamp conn- 
terfieited and each article of bedding manufactured, made, remade, 
renovated, delivered for sale, offered for sale or sold in violation of 
the provisions of this act shall be a separate offense. (120 v. H. 42. 
Eff. August 31, 1943.) 
Sec. 1038-34. (Prosecutions.) It shall be the duty of any city 
prosecutor, city attorney or the county prosecuting attorney, in the 
city or county where the alleged violation occurred, upon affidavit 
filed by the department, or upon affidavit and complaint of any person 
submitting reasonable proof of violation of any of the provisions of 
this act, to prosecute the person against whom such affidavit or 
complaint has been filed. (120 v. H. 42. Eff. August 31, 1943.) 
Sec, 1038-35. (Provisions of “Administrative Procedure Act” ap- 
plicable.) All provisions of this act relating to the issuing, suspen- 
sion, revocation and voiding of registration number, the holding and 
conducting of hearings and the making and issuing of rules and regu- 
lations shall be governed and be in accordance with the provisions of 65 
Substitute Senate Bill No. 36, enacted by the 95th General Assembly, 
known as the “Administrative Procedure Act”. (120 v. H. 42. Eff. 
August 31, 1943.) 
Sec. 1038-36. (Provisions applicable, when.) The provisions of 
this act shall apply to all bedding manufactured after the effective 
date of this act or which is in the process of manufacture at the time 
this act goes into effect. Articles of bedding in the possession of or 
having been delivered to a retail merchant for sale prior to the ef- 
fective date of this act shall be tagged or labeled in accordance with 
the provisions of existing sections 12798-1, 12798-2, 12798-3 and 
12798-4, and the repeal of said sections of the General Code herein 
made shall not affect pending proceedings and causes of action under 
said sections. (120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-37. (Repeal.) That existing sections 12798-1, 12798-2, 
12798-3 and 12798-4 of the General Code be, and the same are hereby 
repealed. (120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1038-38. (Constitutionality.) If any provision of this act is 
declared unconstitutional, the remaining provisions shall remain in 
full force and effect. All acts or parts of acts heretofore enacted 
which are inconsistent with any provision of this act, are hereby 
repealed. (120 v. H. 42. Eff. August 31, 1943.) 
Sec. 1081-21. (Unlawful practices in barber shops.) It shall be 
unlawful; 
(a) For any barber or apprentice to knowingly continue the 
practice of barbering, or for any student knowingly to continue as 
a student in any school or college of barbering, while such person 
has an infectious, contagious or communicable disease ; 
(b) To own, manage, operate or control any barber shop unless 
continuously hot and cold running water be provided for therein, 
when same is available; 
(c) To own, manage, operate or control any barber school or 
college or part or portion thereof whether connected therewith or in 
a separate building wherein the practice of barbering, as hereinbe- 
fore defined, is engaged in or carried on unless all entrances to the 
place wherein the practice of barbering is so engaged in or carried 
on shall display a sign indicating that the work therein is done by 
students exclusively; 
(d) To own, manage, control or operate any barber shop, as 
hereinbefore defined, unless the same display a recognizable sign in- 
dicating that it is a barber shop, which said sign shall be clearly 
visible at the main entrance to said shop; 66 
(e) To use a towel that is used on one patron, on another patron 
unless the same has been relaundered; 
(f) Not to provide the head rest on each chair with a relaundered 
towel or a sheet of clean paper for each patron; 
(g) Not to place around the patron’s neck a strip of cotton, 
towel or neck band so that the hair cloth does not come in contact 
with the neck or skin of the patron’s body; 
(h) To possess in the practice of barbering as hereinbefore de- 
fined, any styptic pencils, finger bowls, sponges, lump alum, or powder 
puff in a barber shop is prima facie evidence that the same is being- 
used therein in the practice of barbering; 
(i) To use on any patron any razors, scissors, tweezers, combs, 
rubber discs or part of vibrators, used on another person, unless the 
same be kept in closed compartment and immersed in boiling water 
or in a solution of two per cent, carbolic acid, or its equivalent, before 
each such use. 
The state board of barber examiners shall have power to make 
other rules and regulations and prescribe other sanitary requirements 
in addition to the foregoing in aid or furtherance of the provisions 
of this act. (115 v. 319.) 
Sec. 1082-20. (Refusal to issue or renew license for beauty shop, 
when; revocation or suspension; notice; hearing.) The board shall 
not issue, or having issued, shall not renew, or may revoke or sus- 
pend at any time any license as required by the provisions of section 
1082-2 hereof, in any one of the following cases: 
(a) Failure of a person, firm or corporation, operating a beauty 
parlor or school of cosmetology to comply with the requirements of 
this act. 
(b) Failure to comply with the sanitary rules, adopted by the 
board or by the state department of health for the regulations of 
beauty parlors, schools of cosmetology, or the practice of cosme- 
tology. 
(c) Continued practice by a person knowingly having an in- 
fectious or contagious disease. 
(d) Habitual drunkenness or habitual addiction to the use of 
any habit-forming drug. 
(e) Willful false and fraudulent or deceptive advertising. 
Provided, however, that the board shall not refuse to issue or 
renew any license as required by the provisions of section 1082-2 
hereof, or revoke, or suspend any such license already issued, except 
in accordance with the provisions of the administrative procedure 
act. (120 v. S. 36. Efif. September 3, 1943.) 6 7 
Sec. 1089-12. (Sterilizing containers and apparatus.) All bottles 
except siphons used in the manufacture of soft drinks, before being 
filled, shall be sterilized by soaking in a hot caustic solution of not 
less temperature than one hundred and twenty degrees Fahrenheit, 
that shall contain not less than three per cent, caustic or alkali ex- 
pressed in terms of sodium hydrate for a period of not less than five 
minutes, then thoroughly rinsed in clean water until free from alkali 
or sodium hydrate. Each and every bottle so sterilized, when filled 
with a soft drink, must be distinctly labeled with the true name 
thereof in the manner above provided. (108 v. Pt. 1, 329.) 
Sec. 1089-13. (Ventilation of building.) All buildings, stores, 
factories or other places where such soft drinks are manufactured or 
bottled shall be well lighted and ventilated and shall be kept at all 
times in a clean and sanitary condition. All machines, bottles, jars 
or other utensils used in the manufacture of soft drinks shall be 
kept at all times in a clean and sanitary place and in a sanitary con- 
dition. (108 v. Pt. 1, 329.) 
Sec. 1090-5. (Location must be in sanitary place.) No commer- 
cial cannery shall be located in an insanitary place or one which can- 
not be made sanitary or maintained in a sanitary condition, or where 
it is impossible to receive the raw material in a cleanly manner with- 
out danger of damage or contamination ; or where sewage, garbage 
and other refuse cannot be quickly and effectively removed. (108 v. 
Pt. 1, 331.) 
Sec. 1090-6. (Removal of garbage and waste daily.) All gar- 
bage and waste material shall be removed daily to a distance of not 
less than one hundred feet from any building used in preparing or 
handling fruits and vegetables intended for canning, provided, how- 
ever, that this section does not apply to the storage upon the premises 
of a cannery of by-products in silos or other structures or containers 
or in sacks, if such storage is made in an approved manner and is 
not a direct menace to proper sanitation. (108 v. Pt. 1, 331.) 
Sec. 1090-7. (Keeping live stock near cannery.) Horses, cattle 
or other livestock shall not be kept or fed within seventy-five feet 
of any building, shed, room or place while used for the preparation 
of canned fruits or vegetables or for the storage of raw materials 
intended for canning. (108 v. Pt. 1, 331.) 
Sec. 1090-8. (Ventilation and light; floor construction.) Any 
building used in the preparation or handling of fruits or vegetables 
intended for canning shall be suitably ventilated and lighted either 
by artificial or natural means. All floors in such buildings shall be 68 
so constructed as to permit proper washing or cleaning, and sufficient 
drains, gutters or sewers, provided to insure the proper removal of 
water and liquid waste. First floors shall be waterproofed in such 
manner as will prevent the ground below from becoming wet, sloppy 
or insanitary. (108 v. Pt. i, 331.) 
Sec. 1090-9. (Provisions as to toilets.) Separate toilet rooms 
for each sex shall be provided upon the premises of all canneries, said 
toilets to be completely separated from work rooms by tight parti- 
tions and properly lighted and having an opening to the outside air. 
When outdoor toilets without modern plumbing and sewerage sys- 
tems are used, such toilets shall be located at least 75 feet from any 
building, room or place used in the preparation or canning of fruits 
and vegetables. All doors, windows and other openings in toilets, 
whether same be located within building or out of doors shall be 
screened against flies. (108 v. Pt. 1, 332.) 
Sec. 1090-10. (Wash rooms, lavatories, etc.) Wash rooms, wash 
stations or lavatories for employes shall be provided in or adjacent 
to rooms or places used for the preparation or canning of fruits and 
vegetables, and such rooms or stations must be properly lighted and 
ventilated and provided with facilities necessary for keeping them in 
a sanitary condition. (108 v. Pt. 1, 332.) 
Sec. 1090-11. (Smoking or spitting.) It shall be unlawful for 
any person to smoke or to spit on floors or walls in any room or 
building where fruit or vegetables intended for canning are being- 
prepared or handled. (108 v. Pt. 1, 332.) 
Sec. 1090-12. (Employment of diseased persons prohibited.) Per- 
sons affected with tuberculosis or other communicable or infectious 
disease shall not be employed in or about any commercial cannery. 
(108 v. Pt. 1, 332.) 
Sec. 1090-13. (Clean garments.) All employes who assist in 
preparing or handling fruit and vegetables intended for canning shall 
wear clean garments of washable fabrics and all female employes 
engaged in the same work shall wear clean washable caps covering 
the hair. (108 v. Pt. 1, 332.) 
Sec. 1090-14. (Utensils and equipment must be kept in sanitary 
condition.) All machinery, belts, chains, conveyors, utensils, and 
other equipment used in the preparation or handling of food or mate- 
rials intended for food in commercial canneries shall be thoroughly 
cleaned daily and kept in a clean and sanitary condition. All cans 
and other containers intended for the hermetic sealing of such food products shall be washed, steamed or sterilized before filling. (108 
v. Pt. i, 332.) 
Sec. 1090-15. (Fruits, etc., must be washed and cleaned.) All 
fruits and vegetables in preparation for canning shall be thoroughly 
washed or cleaned before being scalded, blanched, cooked or filled into 
containers. (108 v. Pt. I, 332.) 
Sec. 1090-16. (Syrups, brine, etc.) Only potable water shall be 
used for making syrups or brine for canned fruits or vegetables or 
for washing equipment coming in contact with such material intended 
for canning. ‘(108 v. Pt. I, 332.) 
Sec. 1090-22. (Bakery defined.) The word bakery is defined, for 
the purpose of this act, as a building or part of a building wherein is 
carried on the production, preparation, packing, storing, display or 
sale of bread, cake, pies or other bakery products, including any 
separate room or rooms used for the convenience or accommodation 
of the workers; Provided, that sections three, four, six, seven, eight 
and twenty (*) shall not apply to retail stores where bakery products 
are sold but not produced. (109 v. 604.) 
Sec. 1090-23. (Standards prescribed by secretary of agriculture.) 
The standards and requirements hereinafter prescribed shall conform 
to such rules as may be adopted by the secretary of agriculture. (109 
v. 604.) 
Sec. 1090-24. (Specifications as to construction of bakeries.) 
Every bakery shall be constructed, drained, lighted, ventilated and 
maintained in a clean and sanitary condition, and when and where 
necessary screened against flies, shall have plumbing and drainage 
facilities together with suitable wash basins, wash sinks and toilets 
or water closets, which shall be kept in a clean and sanitary condi- 
tion. The said toilets or water closets shall be in rooms having no 
direct connection with any room in which bakery products or ingre- 
dients are prepared, stored, handled, or displayed. (109 v. 604.) 
Sec. 1090-25. (Room for changing apparel.) In connection with 
every bakery a suitable room or rooms shall be provided for the 
changing and hanging of the wearing apparel of the workers or em- 
ployes, which shall be separate and apart from the work, storage and 
sales rooms, and shall be kept in a clean and sanitary condition. 
(109 v. 605.) 
Sec. 1090-26. (Sitting on tables, shelves, etc., prohibited.) No 
(*) Sections 8, 4, 6, 7, 8, and 20 are G. C. sections 1090-24, 1090-25, 1090-27, 
1090-28, 1090-29, 1090-41. person shall sit, lie or lounge or be permitted to sit, lie or lounge 
upon any of the tables, shelves, boxes or other equipment or acces- 
sories used in connection with the production, preparation, packing, 
storing, display or sale of bakery products. No animals or fowls 
shall be kept in or permitted to enter any bakery. (109 v. 605.) 
Sec. 1090-27. (Washing before handling ingredients.) Before 
beginning work of preparing, mixing or handling any ingredients 
used in the production of bakery products, every person engaged in 
such work shall wash the hands and arms, and after using toilets or 
water closets, every person therein engaged shall wash the hands 
and arms thoroughly and then rinse in clean water; and for this 
purpose the owner or operator of the bakery shall provide sufficient 
facilities. (109 v. 605.) 
Sec. 1090-28. (Employment of person having contagious or in- 
fectious disease prohibited.) No owner or operator of a bakery shall 
require or permit any person affected with any contagious, infectious 
or other disease or physical ailment which may render such employ- 
ment detrimental to the public health, or any person who refuses to 
submit to the examination required in section eight (*) to work 
therein. (109 v. 605.) 
Sec. 1090-29. (Examination of employee may be required.) The 
state department of health or commissioner of health or the chief 
health officer in the several cities and towns, or the secretary of agri- 
culture may require any person intending to work or working in a 
bakery to submit to a thorough examination for the purpose of ascer- 
taining whether or not he is afflicted with any contagious, infectious 
or other disease or physical ailment. All such examinations shall be 
made by the district health commissiofler. (109 v. 605.) 
Sec. 1090-30. (Building, receptacles, etc., must be kept in sani- 
tary condition.) The floors, walls and ceilings of each bakery, the 
equipment used in the handling or preparation of bakery products or 
their ingredients, and the boxes, baskets, and the interior of the ve- 
hicles and other receptacles in which bakery products are transported 
shall be kept by the owner or operator of the bakery or the carrier 
or distributor of said product in a clean and sanitary condition and 
at all times free from dirt, dust, flies, insects and other contaminat- 
ing matter. Shipping baskets and other containers for transporting 
bakery products shall be kept clean and shall not be used for any 
other than bakery products by any person or concern. (109 v. 605.) 
Sec. 1090-31. (Show cases must be covered and ventilated.) All 
(*) Section 8 is G. C. section 1090-29. 71 
show cases, shelves and other places where unwrapped bakery prod- 
ucts are sold or exposed for sale shall be kept by the dealer well 
covered, properly ventilated, adequately protected from dust, flies 
and other contaminating matter, and shall at all times be maintained 
in a sweet, clean and wholesome condition. (109 v. 605.) 
Sec. 1090-32. (Products kept beyond reach of contamination.) 
Boxes or other permanent receptacles or containers for the storing, 
receiving or handling of bakery products shall be so placed and con- 
structed as to be beyond the reach of contamination from streets, 
alleys and sidewalks, or from animals, and shall be kept by the dealer 
clean and sanitary. (109 v. 606.) 
Sec. 1090-33. (Storing and handling must be sanitary.) All 
bakery products and their ingredients shall be stored, handled, trans- 
ported and kept in such manner as to protect them from spoilage, 
vermin, contamination, disease and unwholesomeness. No ingredient, 
or material, including water, shall be used therein which is spoiled 
or contaminated or which may render the product unwholesome, unfit 
for food, or injurious to health. (109 v. 606.) 
Sec. 1090-34. (Ingredients used must be labeled, etc.) No ingre- 
dient shall be used in any bakery product likely to deceive the con- 
sumer or which lessens its nutritive value without being plainly 
labeled, branded or tagged, or having a sign making plain to the 
purchaser or consumer the actual ingredients; provided, however, 
that in case of unwrapped bread to be sold by the loaf, such labeling, 
branding or tagging shall be placed upon the same label, as herein- 
after provided, which shows the name of the manufacturer, and the 
net weight of the loaf. Said ingredients and the sale or offering for 
sale of said products shall otherwise comply with the existing pro- 
visions of law regulating the sale of foods and not inconsistent here- 
with. (109 v. 606.) 
Sec. 1112. (Duty of owner of diseased animal; examination and 
order.) If a person owns or has in charge an animal which he knows 
or has reason to believe is affected with a dangerously contagious 
or infectious disease, he shall give notice of such fact immediately 
to the secretary of agriculture or to the sheriff or a constable, of the 
proper county. Upon receipt of such notice such secretary shall at 
once cause a proper examination to be made by a competent veteri- 
narian of the diseased or infected animals, and, if the disease affecting- 
such animals is found to be dangerously contagious or infectious the 
secretary shall order the diseased animals or those which have been 
exposed to the contagion to be strictly quarantined, in charge of such 72 
person as the secretary shall designate, and order any premises or 
farms where diseased animals are found or have been recently kept 
to be put in quarantine. No domestic animals shall be brought to 
or removed from the premises so quarantined. (107 v. 460.) 
Sec. 1113. (Quarantine expenses, how paid.) All proper and nec- 
essary expenses incurred by the board or the secretary of agriculture 
in the quarantine of animals, under the provisions herein, shall be 
paid by the state. But such proper and necessary expenses shall not 
be construed to include the maintenance, feeding and quarantining of 
such animals while in quarantine. (107 v. 460.) 
Sec. 1114. (Disposition of animals having infectious malady.) 
If, in order to prevent the spread of any dangerously contagious or 
infectious disease among the live stock of the state the secretary of 
agriculture deems it necessary to destroy animals affected with or 
which have been exposed to dangerously contagious or infectious 
disease, he shall determine what animals shall be killed and cause 
them to be appraised by three disinterested citizens, one to be selected 
by the owner of the animals to be destroyed, one to be selected by 
the secretary of agriculture and those two so selected shall select the 
third. The three so selected shall meet and appraise said animals 
and shall make an award which award shall be final. After being so 
appraised, the secretary shall cause such animals to be killed and 
their carcasses disposed of in such a manner as he directs, but no 
animal shall be killed under the provisions of this section until it 
has been examined by a competent veterinarian in the employ of the 
board and the disease with which it is affected or to which it has 
been exposed adjudged a dangerous and contagious malady. (107 
v. 460.) 
Sec. 1155-1. (“Cold storage” defined.) The term “cold storage,” 
as used in this act, shall mean the storage of food, at or below a tem- 
perature of forty degrees Fahrenheit, in a cold storage warehouse. 
(107 v. 594.) 
Sec. 1155-2. (“Cold storage warehouse” defined.) The term 
“cold storage warehouse,” as used in this act, shall mean a place arti- 
ficially cooled by the employment of refrigerating machinery or ice 
or other means, in which articles of food are stored, for thirty days 
or more, at a temperature of forty degrees Fahrenheit, or lower. 
(107 v. 594.) 
Sec. 1155-3. (“Food” defined.) The term “food” as used in this 
act, shall mean the fresh flesh of animals, and fresh products there- 73 
from, the fresh flesh of fowls, fish, eggs and butter, which have been 
stored in a cold storage warehouse. (107 v. 594.) 
Sec. 1155-4. (“Container” defined.) The word “container” as 
used in this act, shall be taken to mean any bag, barrel, basket, bottle, 
box, caddy can, canister, carton, crate, firkin, hogshead, jar, jug, keg, 
stopper, vessel, wrapper, frozen bulk, or any similar or analogous 
utensil, receptacle, band or wrapper in which food may be kept, 
stored, sold or offered for sale. (107 v. 594.) 
Sec. 1155-5. (“Marked” defined.) The word “marked” as used 
in this act, shall be taken to mean written, printed, stamped or 
painted, or any other means whereby words or figures may be indi- 
cated in or on a container, or any cover attached thereto. (107 
v. 594-) 
Sec. 1155-6. (“Wholesome” defined.) The term “wholesome” as 
used in this act, shall mean fit for human food. (107 v. 594.) 
Sec. 1155-7. (License to operate cold storage warehouse; exami- 
nation.) No person, firm, or corporation shall operate a cold storage 
warehouse without a license issued by the director of agriculture of 
Ohio. Such license shall be issued only on written application stating 
the location of such warehouse. Upon receipt of the application the 
director of agriculture shall cause an examination to be made into 
the sanitary conditions of such warehouse. If it be found to be in a 
sanitary condition and properly equipped for the purpose of cold 
storage, the director of agriculture shall cause a license to be issued 
authorizing the applicant to operate a cold storage warehouse. No 
license shall be issued until the applicant therefor shall have paid to 
the director of agriculture the sum of fifty dollars. Such license shall 
be issued and shall run for one year, and shall be thereafter renewed 
annually upon the same conditions and payment. A license shall be 
required for each separate warehouse building within the state, (iro 
v. 402.) 
Sec. 1155-8. (When warehouse shall be closed.) Whenever any 
warehouse licensed under the provisions of this act, or any portion 
of such warehouse, shall be deemed by the secretary of agriculture 
to be in an unsanitary condition, it shall be the duty of the secretary 
to cause such warehouse, or portion thereof, to be closed. (107 
v. 594-) 
Sec. 1155-9. (Record of receipts and withdrawals of food re- 
quired; quarterly statement of kinds and quantities of food products 
held.) It shall be the duty of every person, firm, or corporation that 
shall be licensed to operate a cold storage warehouse to keep an 74 
accurate record of the receipts and withdrawals of food therefrom. 
The agents of the secretary of agriculture shall have free access to 
such records at all times. It shall be the duty of each person, firm, 
or corporation licensed to operate a cold storage warehouse to file 
in the office of the secretary of agriculture on or before the sixth day 
of January, April, July and October, of each year, a report setting 
forth in itemized form the kind and quantities of food products held 
in cold storage in such warehouse. The report shall be made on 
printed forms prepared and supplied by the secretary of agriculture. 
The secretary of agriculture may cause such other reports to be filed 
and at such times as it may deem advisable. (107 v. 594.) 
Sec. 1155-10. (Unlawful to place unwholesome food in cold stor- 
age.) It shall be unlawful for any person, firm or corporation to 
place in any cold storage warehouse, to keep therein, or to sell, offer 
or expose for sale, any diseased, tainted, or otherwise unwholesome 
food, or to place in cold storage any slaughtered animals or parts 
thereof unless the entrails and other offensive parts have first been 
properly removed. (107 v. 594.) 
Sec. 1155-11. (Date of deposit and removal stamped on cold 
storage food; exception.) All food shall at the time it is deposited 
in any cold storage warehouse bear the date of such deposit plainly 
stamped thereon. Such food shall also bear a stamp indicating the 
date of removal. The marking of food as provided in this section 
shall be under such further regulations as may be prescribed by the 
director of agriculture. The provisions of this section and of sec- 
tions 1155-9 and 1155-10 of the General Code shall not be construed 
to apply to any food placed in a locker rented or leased by a con- 
sumer, which food is for the use of such consumer and not for sale. 
(119 v. 234.) 
Sec. 1155-12. (Cold storage foods for sale must be plainly 
marked; rules and regulations for sale of “frozen”, “frosted”, etc., 
foods.) It shall be unlawful for any person, firm or corporation, or 
any agent thereof to sell, or offer or expose for sale, or have in 
possession with intent to sell at wholesale, any cold storage food, 
unless there shall be placed on each container thereof, in a conspicu- 
ous place in full view of the purchaser, a placard with the word 
“wholesome cold storage food” printed thereon, in plain uncondensed 
gothic letters not less than one-half inch in length. In addition, all 
such food shall be marked with the date when it is withdrawn from 
such cold storage warehouse. There shall also be displayed upon 
every open container containing such food in the same manner, in a 
conspicuous position, in full view of the purchaser, a placard with the words “wholesome cold storage food” printed thereon in the same 
form as above described in this section, when such food is sold from 
such container or otherwise at retail. 
The director of agriculture may devise such rules and regula- 
tions as may be proper for the sale of fish, meats or poultry, when 
labeled “quick-frozen”, “frozen” or “frosted”, in lieu of the label 
“wholesome cold storage food”. (119 v. 234.) 
Sec. 1155-13. (Length of time certain foods may be kept in cold 
storage.) No person, firm or corporation shall sell, or offer, or expose 
for sale, any of the following foods which have been held for a longer 
period of time than herein specified in a cold storage warehouse: 
Whole carcasses of beef, or any parts thereof, twelve months ; whole 
carcasses of pork, or any parts thereof, twelve months; whole car- 
casses of sheep, or any parts thereof, twelve months; whole car- 
casses of lamb, or any parts thereof, twelve months; whole carcasses 
of veal, or any parts thereof, twelve months; dressed fowl, twelve 
months; eggs, twelve months; butter, twelve months; and fresh fish, 
twelve months, (no v. 402.) 
Sec. 1155-14. (Food withdrawn may not be returned to storage.) 
After food has been withdrawn from any cold storage warehouse for 
the purpose of placing it on the market for sale, it shall be unlawful 
for any person, firm, or corporation to return such food, or any por- 
tion thereof, to such warehouse, or any other similar warehouse. 
Food may be transferred from one cold storage warehouse to an- 
other ; provided, that the total length of time such food shall remain 
in cold storage, for the purpose of sale, shall not exceed the time 
specified in section thirteen* of this act. (107 v. 594.) 
Sec. 1155-15. (Sale of food kept in storage outside of state.) 
No food shall be sold, or offered or exposed for sale, in this state, 
which shall have been placed or stored in any cold storage warehouse 
outside of this state, unless it first shall have been marked as provided 
for in section twelve* of this act; provided, however, that no such 
food shall be sold, or offered or exposed for sale, in this state, if the 
total length of time that such food has remained in cold storage 
shall exceed the time specified in section 1155-13 of this act. (107 
v. 594-) 
*Section 13 is Section 1155-13. 
*Section 12 is Section 1155-12. 
Sec. 1155-16. (Transactions to which act does not apply.) Noth- 
ing in this act shall be construed to prohibit the shipping, consigning or transporting of fresh food in properly refrigerated cars within 
this state to points of destination; nor to prohibit such food when 
received from being held in a cooling room for a period of forty- 
eight hours; nor to prohibit the keeping of fresh food in ice boxes 
or refrigerators in retail stores while the same is offered or exposed 
for sale. (107 v. 594.) 
Sec. 1155-17. (Enforcement of act.) It shall be the duty of the 
secretary of agriculture to enforce all the provisions of this act and 
to make all rules and regulations, not otherwise herein provided, 
necessary for the enforcement of the same. (107 v. 594.) 
Sec. 1155-18. (Application of fees and fines.) That all license 
fees, fines and penalties imposed and recovered for the violation of 
any of the provisions of this act shall be paid into the state treasury 
to the credit of the general revenue fund. (107 v. 594.) 
Sec. 1155-19. (Penalty.) Whoever violates any of the provisions 
of this act shall be guilty of a misdemeanor and upon conyiction 
thereof shall for the first offense be fined not more than five hundred 
dollars, and for the second and each subsequent offense not more 
than one thousand dollars, and in addition thereto imprisoned in the 
jail of the proper county not less than thirty nor more than ninety 
days, or both. (107 v. 594.) 
Sec. 1155-20. (Definitions.) When used in this act, unless the 
context otherwise requires 
“Food” means all articles used for food, drink, confectionery or 
condiment by man, whether simple, mixed or compound, and any 
substance used as a constituent in the manufacture thereof. 
“Locker” means the individual section or compartment of a 
capacity of not to exceed twenty-five cubic feet, in the locker room 
of a locker plant or branch locker plant, which is rented by a person, 
firm or corporation for the purpose of storing food for their own use. 
“Locker plant” means a location or establishment in which space 
in individual lockers is rented for the cold storage of food. 
“Branch locker plant” means any location or establishment in 
which space in individual lockers is rented for the storage of food at 
or below a temperature of forty degrees above zero Fahrenheit after 
preparation for storage at a central plant. 
“Sharp frozen” means the freezing of food in a room in which 
the temperature is zero minus ten degrees Fahrenheit or lower. 
“Operator” means any person, firm or corporation operating or 
maintaining a locker plant or branch locker plant. “Department” means the department of agriculture. (120 v. H. 
206. Eft’. August 14, 1943.) 
Sec. 1153-21. (License required; application.) On and after the 
effective date of this act, it shall be unlawful for any person, firm 
or corporation to operate a locker plant or branch locker plant in 
this state unless such person has secured a license therefor from the 
department as hereinafter provided and has otherwise complied with 
the provisions of this act. A separate license shall be secured for 
each locker plant or branch locker plant. The application for such 
license shall be in writing, on forms prescribed and furnished by the 
department. 
Such application shall be accompanied by the required license 
fee. (120 v. H. 206. Efif. August 14, 1943.) 
Sec. t 155-22. (License fee; status of present licensees; form and 
term of licenses; renewals.) The license fee for a locker plant or 
branch locker plant shall be fifteen dollars for a plant having two 
hundred individual lockers or less and an additional two dollars for 
each one hundred lockers or fraction thereof in excess of two hun- 
dred, except that in no case shall such fee exceed twenty-five dollars. 
Any applicant for a license under this act who now holds a license 
under section 1155-7 of the General Code shall be permitted to oper- 
ate for the balance of the year for which his license is paid. Any 
operator operating in connection with a cold storage warehouse, 
holding a license under section 1155-7 of the General Code shall not 
be required to secure an additional license under this act so long as 
he continues to be licensed as a cold storage warehouse under'said 
section 1155-7 of the General Code, but shall comply with the pro- 
visions of this act and all rules and regulations promulgated there- 
under. The license issued hereunder shall be in such form as the 
department shall prescribe. Licenses shall be for a term of one year 
and shall be renewed annually upon like application and the payment 
of a like fee as in the case of the original license. The original license 
or a certified copy thereof shall be conspicuously displayed by the 
operator in the locker plant. (120 v. H. 206. Efif. August 14, 1943.) 
Sec. 1155-23- (License issued, when; qualifications of inspectors; 
inspection of plants.) Upon receipt of the application for a license 
accompanied by the required fee, the department shall inspect the 
plant to be licensed and if it finds that such plant, its equipment, 
facilities and the surrounding premises and its operations comply 
with the provisions of law and the rules and regulations of the de- 
partment applicable thereto, the department shall issue such license. 
The persons designated by the department to make such inspection 78 
shall be persons having practical knowledge of the operation of cold 
storage plants and the storage of food therein, and shall be thor- 
oughly familiar with the provisions of law applicable to locker plants 
and branch locker plants and the applicable rules and regulations of 
the department. The department shall inspect all locker plants and 
branch locker plants licensed under this act at least once each six 
months, and may make such additional inspections as the department 
deems necessary. The department and its representatives shall have 
access to locker plants and branch locker plants at all reasonable 
times for the purpose of making such inspections. (120 v. H. 206. 
Efif. August 14, 1943.) 
Sec. 1155-24. (Refrigeration system; temperatures.) The refrig- 
eration system for a locker plant or branch locker plant shall be 
equipped with accurate and reliable controls for the automatic main- 
tenance of uniform temperatures as required in the various refrig- 
erated rooms and shall be of adequate capacity to provide under ex- 
treme conditions of outside temperatures and under peak load con- 
ditions in the normal operations of the plant, the following tempera- 
tures in the several rooms, respectively: 
(a) Chill room temperatures within two degrees of Fahrenheit 
plus or minus of thirty-eight degrees above zero Fahrenheit with a 
tolerance of ten degrees Fahrenheit for a reasonable time after fresh 
food is put in for chilling. 
(b) Sharp freeze room—sharp freezing compartments—temper- 
atures of ten degrees below zero Fahrenheit or lower or temperatures 
of zero degrees Fahrenheit or lower when forced air circulation is 
employed with a tolerance of ten degrees Fahrenheit for either type 
of installation for a reasonable time after fresh food is put in for 
freezing. 
(c) Locker room—temperatures of not to exceed plus five de- 
grees Fahrenheit with a tolerance of five degrees Fahrenheit higher. 
(d) All locker plants shall operate below a temperature of forty 
degrees above zero Fahrenheit and have a chill room, and sharp freez- 
ing facilities and facilities for cutting, preparing, wrapping and pack- 
aging meats and meat products, or fruits and vegetables. 
The foregoing temperatures shall not be construed as prohibit- 
ing such variations therefrom as may occur during short periods of 
time incidental to defrosting. For experimental purposes, the de- 
partment, upon application in writing, may authorize for a limited 
and prescribed period, the installation and use of refrigeration sys- 
tems or methods which in the opinion of the department will result 79 
in improvement over present methods. (120 v. H. 206. Eff. August 
14, I943-) 
Sec. 1155-25. (Food for other than human consumption inspected 
and approved.) Food for other than human consumption shall not be 
stored in the chill room, aging room, sharp freeze room or locker 
room of any locker plant or branch locker planf, except such items of 
animal or vegetable matter as may have been inspected and approved 
by representatives of the bureau of animal industry of the United 
States department of agriculture or representatives of the depart- 
ment of agriculture of this state. Foods not intended for human 
consumption shall bear a label or tag bearing plainly and conspicu- 
ously in letters not less than three-eighths of an inch in height the 
words “not for human consumption.” (120 v. H. 206. Eff. August 
14, 19430 
Sec. 1155-26. (Records.) Every operator of a locker plant or 
branch locker plant shall keep an accurate and correct record setting 
forth: 
(a) The name and address of each patron renting a locker or 
storing food. 
(b) The rental period for each locker rented, the charge there- 
for and the payments thereon. 
(c) All persons renting lockers who are directly or indirectly 
engaged in the selling of food stuffs for human consumption must 
declare this fact to the management and an entry shall be made on 
the records of the operator. 
(d) Articles of food which are intended for trade channels must 
be handled as provided under sections 1155-9, 1155"11 and 1155"12 of 
the General Code, and the rules and regulations promulgated there- 
under. (120 v. H. 206. Eff. August 14, 1943.) 
Sec. 1155-27. (Rules and regulations.) The department of agri- 
culture may make, and enforce reasonable rules and regulations nec- 
essary to carry out the provisions of this act. (120 v. H. 206. Eff. 
August 14, 1943.) 
Sec. 1155-28. (Revocation of licenses.) The department, after 
notice and hearing, may revoke the license issued for any locker plant 
or branch locker plant, for failure to comply with the provisions of 
this act or any lawful rule or regulation of the department here- 
under. Before revoking any license the department shall send the 
licensee notice of such hearing by registered mail not less than ten 
days before the hearing and shall afford such licensee an opportunity 
to be heard with respect thereto at a time and place specified in such 
notice. In the event any license is revoked, the department may permit 
the continued operation of the plant involved upon such conditions 
or under such supervision as the department may prescribe for a 
period of not to exceed six months, in order to enable patrons to 
remove any food stored therein but during such period no additional 
food shall be received or stored in such plant. (120 v. H. 206. Eft". 
August 14, 1943.) 
Sec. 1177-12. (Adoption of standards and enforcement of laws; 
inspections and prosecutions.) The secretary of agriculture shall 
establish standards of quality, purity and strength of foods, when 
such standards are not otherwise established by any law of this state. 
Such standard shall conform to the standards for foods adopted by 
the United States department of agriculture. The secretary of agri- 
culture shall make such uniform rules and regulations as may be 
necessary for the enforcement of the food, drug, dairy and sanitary 
laws of this state. Such rules and regulations shall, where applicable, 
conform to and be the same as the rules and regulations adopted 
from time to time for the enforcement of the act of congress, ap- 
proved June 30, 1906, and amended March 3, 1913, and known as “the 
food and drug act.” The secretary of agriculture shall inspect drugs, 
butter, cheese, lard, syrup and other articles of food or drink, made 
or offered for sale in the state and prosecute or cause to be prose- 
cuted each person, firm or corporation engaged in the manufacture 
or sale of an adulterated drug or article of food or drink, in violation 
of law, and shall enforce all laws against fraud, adulteration or im- 
purities in foods, drinks, or drugs, and unlawful labeling within the 
state. (107 v. 460.) 
Sec. 1177-13. (Right of entry to make examinations.) The sec- 
retary of agriculture in the performance of his duties may enter a 
creamery, factory, store salesroom, drug store, laboratory or other 
place where he believes or has reason to believe drugs, food, drink, 
or linseed oil, is made, prepared, dispensed, sold or offered for sale, 
examine the books therein, and open a cask, tub, jar, bottle or other 
package containing or supposed to contain a drug or an article of 
food or drink and examine or cause to be examined and analyzed the 
contents thereof. (107 v. 460.) 
Sec. 1177-166. (Revocation of certificate; enumeration of causes 
for revocation; notice; hearing.) The certificate of a veterinarian 
may be revoked after proper notice and hearing by the state board 
of veterinary examiners in accordance with the provisions of the 
administrative procedure act and for the following reasons: (1) For failing to report to the department of agriculture dan- 
gerously infectious and contagious diseases that are prescribed as 
such by said department. 
(2) For dishonesty in applying a tuberculin test on cattle or 
making false record of such test. 
(3) For the procuring of a license by fraudulent means. 
(4) For the employing directly or indirectly of a capper, solici- 
tor, or drummer to secure patients or obtaining a fee on the assur- 
ance that an incurable disease can be cured. 
(5) For false advertising of medical practice intended or having 
a tendency to deceive and defraud the public. 
(6) For having professional connection with or lending one’s 
name to any illegal practitioner of veterinary medicine and the vari- 
ous branches thereof. 
(7) For any division of fees or charges or any agreement or 
arrangement to share fees or charges. 
(8) For the sale of virus or any biologic, containing living, dead 
sensitized organisms, or the products of such organisms to any per- 
son other than a licensed veterinarian. (120 v. S. 36. Eft’. Septem- 
ber 3, 1943.) 
Sec. 1177-60. (License required to dispose of bodies of dead ani- 
mals.) That any person, firm or corporation desiring to engage in 
the business of disposing of the bodies of dead animals, by burying, 
burning or cooking; and any person, firm or corporation in such 
business and desiring to continue same, shall first procure from the 
secretary of agriculture a license to do so, which license shall be for 
a period of one year and no longer. No license shall be required 
under the provisions of this act prior to January 1, 1920. (108 v. 
Pt. 1, 164.) 
Sec. 1177-61. (Who deemed engaged in the business. To whom 
act does not apply.) Any person, firm or corporation who shall ob- 
tain from any other person, firm or corporation, by purchase or 
otherwise, the body of an animal for the purpose of obtaining the 
hide, skin or grease from such dead animal or for the purpose of 
disposing of the carcass of such dead animal in any way whatsoever, 
shall be deemed to have engaged in the business of disposing of the 
bodies of dead animals and shall be subject to all the provisions and 
penalties of this act. This act shall not apply to any person, firm or 
corporation engaged in the business of gathering up and disposing 
of the bodies of dead fowls, cats, dogs, and other small animals in 
cities and villages under contract with such cities and villages to 
dispose of such dead bodies as garbage, nor to any person in such 82 
city or village who may employ another person to lawfully and legally 
dispose of the body of any animal which may have died in such city 
or village. Nothing- in this act shall apply to the original owner dis- 
posing of carcasses of dead animals on his own premises. (108 v. 
Pt. I, 164.) 
Sec. 1177 67. (Transportation of animals; regulations.) Any 
person, firm or corporation holding license under the provisions of 
this act may haul and transport hogs which are afflicted with and 
carcasses of hogs that have died of disease in a covered wagon bed 
or tank which is water tight and is so constructed that no drippings 
or seepage can escape from such wagon bed or tank. Provided, how- 
ever, such wagon bed or tank shall be so constructed as to conform 
to the rules and regulations that may be established by the secretary 
of agriculture and said carcasses shall not be removed from said 
wagon bed or tank except at the place of final disposal. (108 v. Pt. 
1. 165.) 
Sec. 1177-74. (License may be refused or revoked; enumeration 
of causes for refusal or revocation; notice; hearing.) The depart- 
ment may refuse to grant or may revoke a license when it is satisfied 
of the existence of the following reasons and after due hearing in 
accordance with the provisions of the administrative procedure act; 
(a) When the applicant or licensee has violated the laws of the 
state or official regulations governing the inter-state or intra-state 
movement, shipment or transportation of animals. 
(b) Where there have been false or misleading statements as 
to the health or physical condition of the animal or animals with 
regard to official tests or quantity of animals, or the practice of fraud 
or misrepresentation in connection therewith or in the buying or 
receiving of animals or receiving, selling, exchanging, soliciting, or 
negotiating the sale, resale, exchange, weighing or shipment of 
animals. 
(c) Where there has been a continual course of dealings of such 
nature as to satisfy the department of the inability or unwillingness 
of the licensee properly to conduct the business of a dealer or broker. 
(d) Where the licensee engages in buying or receiving animals, 
or receiving, selling, exchanging, soliciting, or negotiating the sale, 
resale, exchange of animals that are known to be diseased or are 
known to have been exposed to communicable diseases that are likely 
to be transmitted to other animals or human beings. 
(e) Where the licensee fails to practice measures of sanitation, 
disinfection and inspection as included in this act or prescribed by 83 
the department, of premises or vehicles used for the stabling, yard- 
ing, housing, holding, or transporting of animals. 
(f) Where there has been a continual or persistent failure to 
keep records required by the department or where there is a refusal 
on the part of the licensee to produce records of transactions in the 
carrying on of the business for which such license is granted. 
(g) Where the licensee providing weighing facilities used for or 
in connection with, or incident to, the purchase or sale of livestock, 
for the account of the licensee or others, fails to maintain and operate 
such weighing facilities in accordance with the provisions of section 
1177-76a. 
(h) Where the licensee in the conduct of the business covered 
by the license, persistently or frequently, fails to use weighing facili- 
ties maintained and operated in accordance with section H77~76a or 
fails to cause its livestock to be weighed by licensed weighers as 
provided for in section ii77-76a. 
(i) Where the licensee fails to maintain a bond or refuses or 
neglects to pay the fees or inspection charges required to be paid 
under the sanitary and other provisions of this act. (120 v. S. 36. 
Eff. September 3, 1943.) 
Sec. 1177 76. (Inspection and disinfection of yards, premises and 
vehicles; cost; exemption; sanitary requirements adopted.) Each 
dealer, broker, person, firm or corporation, his or its agent, leasing, 
renting, operating or owning livestock yards, pens, premises or ve- 
hicles in which animals are quartered, fed, held, or transported shall 
be recpiired to have a veterinarian approved by the department 
inspect all such yards, premises and vehicles and to thoroughly and 
completely disinfect all such yards, pens, premises, and vehicles under 
the direction of the veterinarian and as prescribed by the depart- 
ment. The cost of such inspection and disinfection shall be borne by 
such dealer, broker, person, firm or corporation. 
The department shall not require such veterinary inspection of 
yards, pens, premises or other facilities where veterinary inspection 
is regularly maintained by the United States bureau of animal in- 
dustry, or by the municipality in which the same are located, or 
where livestock is transported to markets where such inspection 
is maintained. 
The department is authorized to adopt and promulgate adequate 
sanitary requirements covering the construction and maintenance of 
buildings, pens and chutes on all premises regularly used for the 
purpose of assembling, receiving, handling, feeding, watering, hold- 
ing, buying or selling of livestock, and to prescribe and enforce rules 84 
and regulations for the purpose of carrying into effect the provisions 
of this act, but nothing herein shall apply to railroads subject to 
the interstate commerce act. (119 v. 599). 
Sec. 1177-77. (Inspection and treatment of animals sold, ex- 
changed, etc.; fees.) The department shall require an inspection and 
such treatments necessary to prevent the spread of diseases of all 
animals sold, resold, exchanged or transferred from pens, yards, 
premises or vehicles by brokers or dealers when such animals are 
sold for purposes other than immediate slaughter. Such inspection 
and treatments shall be made by a veterinarian approved by the 
department. The fees for such inspection and treatments shall be 
paid by the broker or dealer and a certificate of inspection provided 
by the department shall be issued to the purchaser by the inspecting 
veterinarian. This section shall not apply to a person, firm, or cor- 
poration operating a slaughtering establishment or establishments 
at which ante-mortem veterinary inspection is regularly maintained 
by the bureau of animal industry of the United States department of 
agriculture. (119 v. 601). 
Sec. 1232. (State department of health; powers and duties.) 
There is hereby created a state department of health, which shall 
exercise all the powers and perform all the duties now conferred 
and imposed by law upon the state board of health and all such 
powers, duties, procedure and penalties for violation of its sanitary 
regulations shall be construed to have been transferred to the state 
department of health by this act. The state department of health 
shall exercise such further powers and perform such other duties 
as are herein conferred. The state department of health shall consist 
of a commissioner of health and a public health council. (107 v. 522). 
NOTE: See also G. C. 154-24. 
NOTE; The director of health, created by Sec. 154-3, General Code, succeeds 
to the powers and duties of the commissioner of health. 
Sec. 1233. (Director of health; appointment, qualifications, term, 
duties.) The director of health shall perform all executive ditties now 
required by law of the state board of health and the secretary of the 
state board of health, and such other duties as are incident to his 
position as chief executive officer. He shall administer the laws relat- 
ing to health and sanitation and the regulations of the state depart- 
ment of health. He shall prepare sanitary and public health regula- 
tions for consideration by the public health council and shall submit 
to said council recommendations for new legislation. The director 85 
of health shall sit at meetings of the public health council but shall 
have no vote. (118 v. 387). 
Sec. 1234. (Public health council; appointment, qualifications, 
terms, meetings.) There shall be a public health council to consist 
of six members to be appointed by the governor. Not less than three 
of such members shall be physicians who are licensed to practice 
medicine in the state of Ohio. Of the members first appointed 
one shall hold office until July 1st. 1940, one until July 1st, 1941, 
one until July 1st, 1942, one until July 1st, 1943, one until July 
1st, 1944, and one until July 1st, 1945, and the term of office of 
members thereafter appointed, except to fill vacancies, shall be for 
six years. Vacancies shall be filled by appointment by the governor 
for the unexpired term. No two members of the public health coun- 
cil shall be appointed from the same congressional district. At the 
time when this law becomes effective the terms of office of the mem- 
bers of the present public health council shall automatically expire 
and a new public health council shall be appointed by the governor. 
The public health council shall meet four times each year and may 
meet at such other times as the business of the council may require. 
The time and place for holding regular meetings shall be fixed in the 
by-laws of the council. Special meetings may be called upon the re- 
quest of any four members of the council or upon request of the 
director of health, and may be held at any place deemed advisable 
by the council or director. Four members of the public health coun- 
cil shall constitute a quorum for the transaction of business. The 
public health council shall, on or before July 1st of each year, desig- 
nate the member who shall act as its chairman for the ensuing year. 
The director of health shall upon request of the public health council, 
detail an officer or employe of the state department of health to act 
as secretary of the public health council, and shall detail from time 
to time other such employes as the public health council may require. 
The members of the council shall receive ten dollars a day while in 
conference and shall be reimbursed their necessary and reasonable 
traveling and other expenses incurred in the performance of their 
regular duties. (118 v. 388). 
Sec. 1234-1. (Power to administer oath.) The commissioner of 
health and the secretary of the public health council shall have power 
to administer oaths in all parts of the state so far as the exercise 
of such power is incidental to the performance of the duties of the 
commissioner of health or the public health council. (108 v. Pt. 1, 
148). 86 
Sec. 1235. (Powers and duties.) It shall be the duty of the public 
health council and it shall have the power: 
(a) To make and amend sanitary regulations to be of general 
application throughout the state. Such sanitary regulations shall be 
known as the sanitary code. 
(b) To take evidence in appeals from the decision of the director 
of health in a matter relative to the approval or disapproval of plans, 
locations, estimates of cost or other matters coming before the di- 
rector of health for official action. In the hearing of such appeals the 
director of health may be represented in person or by the attorney 
general. 
(c) To conduct hearings in cases where the law requires that 
the state department of health shall give such hearings; to reach 
decisions on the evidence presented, which shall govern subsequent 
actions of the director of health with reference thereto; 
(d) To prescribe by regulations the number and functions of 
divisions and bureaus and the qualifications of chiefs of divisions and 
bureaus within the state department of health; 
(e) To enact and amend by-laws in relation to its meetings and 
the transaction of its business; 
(f) To consider any matter relating to the preservation and 
improvement of the public health and to advise the state director of 
health thereon with such recommendations as it may deem wise. 
The public health council shall not have nor exercise executive 
or administrative duties. (118 v. 388). 
Sec. 1236. (Regulations shall be dated, signed and filed with 
secretary of state; publication.) Every regulation adopted by the 
public health council shall state the date on which it takes effect, and 
a copy thereof, duly signed by the secretary of the public health 
council, shall be filed in the office of the secretary of state, and a 
copy thereof shall be sent by the commissioner of health to each 
local board of health, health officer or person performing the duties 
of health officer, within the state, and shall be published in such 
manner as the public health council may from time to time determine. 
Every provision of the sanitary code shall apply to and be effective 
in all portions of the state. (107 v. 524). 
Sec. 1236-1. (Public health manual.) The director of health shall 
publish and distribute, at least every five years and commencing with 
the passage of this act, to every health commissioner in the state a 
public health manual which shall contain all laws relating to the 
powers and duties of health officials, the sanitary regulations adopted 
by the public health council, and such other information and instruc- tions as he may deem advisable. He shall keep the public health 
council, health officials and the general public fully informed in a 
printed annual report in regard to the work of the state department 
of health and on the progress that is being made in studying the 
cause and prevention of disease and such kindred subjects as may 
contribute to the welfare of the people of the state. (118 v. 389). 
Sec. 1236-2. Repealed. (109 v. 132.) 
Sec. 1236-3. (Right of entry to investigate violations.) The 
commissioner of health and any person authorized by him so to do 
may, without fee or hindrance, enter, examine and survey all grounds, 
vehicles, apartments, buildings and places within the state in further- 
ance of any duty laid upon the state department of health or where 
he has reason to believe there exists a violation of any health law of 
this state or of any provision of the sanitary code. (107 v. 524). 
Sec. 1236 (Removal; procedure.) The director of health may be 
removed from office by the governor, only upon recommendation of 
the public health council; provided, that charges against him have 
been submitted in writing, and, after hearing, the public health coun- 
cil shall find, by a majority vote of the entire council, such charges 
to be true in fact, and their nature such that, in its opinion, the 
best interests of the state shall demand such removal. A member 
of the public health council may be removed by the governor for 
incompetence or gross neglect of duty. (118 v. 389). 
Sec. 1236-5. (Rooms provided.) Suitable rooms for conducting 
the business of the state department of health shall be provided and 
maintained by the state. (107 v. 524). 
Sec. 1236-6. (Hospitals and dispensaries; classification; registra- 
tion; reports.) The commissioner of health shall have power to define 
and classify hospitals and dispensaries. Within thirty days after the 
taking effect of this act, and annually thereafter, every hospital and 
dispensary, public or private, shall register with, and report to, 
the state department of health, on forms furnished by the commis- 
sioner of health, such information as he may prescribe. (108 v. 
Pt. 1, 46). 
NOTE: October 31, 1941, the director of health, in accordance with the pro- 
visions of section 1236-6 of the General Code, defined and classified hospitals and 
dispensaries as follows : 
Hospital—Any institution or establishment, public or private, 
for the reception, care and treatment of bed patients as it relates to 
the physical or mental health of such persons, for a continuous period 
longer than twenty-four hours, and open to the public twenty-four 88 
hours a day for emergency care if they have a minimum of five beds 
and one thousand or more patient days per annum shall be considered 
a hospital. 
Hospital Dispensary—Any institution or establishment, public or 
private, operated in connection with a hospital as defined above, 
whose medical stafif gives advice, diagnosis, or treatment bearing 
upon the physical or mental health of an individual, shall be consid- 
ered a dispensary, and this shall also be considered to include out- 
patient, clinic and ambulatory departments. The term “Dispensary” 
shall not include private ambulatory patients referred to the hospital 
for specialized services, or the patients of a licensed practitioner of 
medicine with quarters in a hospital used for his private practice. 
NOTE: For certification of per diem hospital rates, see G. C. 0308-8. 
Sec. 1237. (General powers and duties.) The state board of 
health shall have supervision of all matters relating to the preserva- 
tion of the life and health of the people and have supreme authority 
in matters of quarantine, which it may declare and enforce, when none 
exists, and modify, relax or abolish, when it has been established. 
It may make special or standing orders or regulations for preventing 
the spread of contagious or infectious diseases, for governing the 
receipt and conveyance of remains of deceased persons, and for such 
other sanitary matters as it deems best to control by a general rule. 
It may make and enforce orders in local matters when emergency 
exists, or when the local board of health has neglected or refused to 
act with sufficient promptness or efficiency, or when such board has 
not been established as provided by law. In such cases the neces- 
sary expense incurred shall be paid by the city, village or township 
for which the services are rendered. (99 v. 493). 
Sec. 1237-1. (Hygiene of maternity.) The state of Ohio through 
the legislative authority thereof does hereby accept the provisions 
of an act of congress entitled “An act for the promotion of the wel- 
fare and hygiene of maternity and infancy and for other purposes,” 
approved November twenty-third, one thousand nine hundred and 
twenty-one, and does hereby designate the state department of health, 
through its division of child hygiene, as the state agency to co- 
operate with the children’s bureau referred to in said act, and said 
department of health and the division of child hygiene thereof, shall 
be vested with all powers necessary for the accomplishment of such 
purposes, (no v. 331). 
Sec. 1237 2. (Submission of plans to federal board.) The de- 
partment of health is hereby directed to submit through its division 89 
of child hygiene to the federal children’s bureau, detailed plans for 
carrying out the provisions of this act of congress aforesaid, within 
this state, which plans shall be subject to the approval of the federal 
board of maternity and child hygiene, provided that the plans sub- 
mitted shall provide that no official, or agent, or representative, in 
carrying out the provisions of this act shall enter any home or take 
charge of any child over the objection of the parents, or either of 
them, or the person standing in loco parentis or having custody of 
such child, (no v. 331). 
Sec. 1237-3. (Authority to receive funds.) The treasurer of the 
state of Ohio is hereby authorized to receive all funds from the 
treasury of the United States, granted to the state of Ohio and ap- 
portioned for the purposes of said act, and said treasurer of the state 
of Ohio is hereby authorized and directed to pay over such funds 
to the state department of health to be expended in accordance with 
the terms of the aforesaid act of congress, (no v. 331). 
Sec. 1237-4. (Medical and nursing service.) Nothing in this act 
shall be construed as authorizing, or permitting, the expenditure of 
any public moneys to provide medical or nursing attendance or serv- 
ice. (no v. 331). 
Sec. 1238. (Enforcement of rules and regulations.) Local boards 
of health, health authorities and officials, officers of state institutions, 
police officers, sheriffs, constables and other officers and employes of 
the state or any county, city or township, shall enforce the quarantine 
and sanitary rules and regulations adopted by the state board of 
health. (99 v. 493). 
Sec. 1239. (Special duties of the board.) The state board of 
health shall make careful inquiry as to the cause of disease, especially 
when contagious, infectious, epidemic or endemic, and take prompt 
action to control and suppress it. The reports of births and deaths, 
the sanitary conditions and effects of localities and employments, the 
personal and business habits of the people and the relation of the 
diseases of man and beast, shall be subjects of careful study by the 
board. It may make and execute orders necessary to protect the 
people against diseases of lower animals, and shall collect and pre- 
serve information in respect to such matters and kindred subjects as 
may be useful in the discharge of its duties, and for dissemination 
among the people. When called upon by the state or local govern- 
ments, or municipal or township boards of health it shall promptly 
investigate and report upon the water supply, sewerage, disposal of 90 
excreta of any locality and the heating, plumbing and ventilation of 
a public building. (99 v. 494). 
Sec. 1240. (Approval of plans for water supply or sewerage.) 
No city, village, county, public institution, corporation or officer or 
employe thereof or other person shall provide or install a water sup- 
ply or sewerage, or purification or treatment works for water supply 
or sewage disposal, or make a change in any water supply, water 
works intake, water purification works, sewerage or sewage treat- 
ment works until the plans therefor have been submitted to and 
approved by the state department of health. This act shall apply 
to water supply, sewerage, and purification or treatment works for 
water or sewage of a municipality or part thereof, an unincorporated 
community, a county sewer district or other land outside of a munici- 
pal corporation or any publicly or privately owned building or group 
of buildings or place, used for the assemblage, entertainment, recre- 
ation, education, correction, hospitalization, housing or employment 
of persons, but shall not apply to water supply or sewerage or puri- 
fication or treatment works for water or sewage installed or to be 
installed for the use of a private residence or dwelling, or to water 
supply for industrial purposes and not intended for human consump- 
tion. In granting an approval authorized by this section the state de- 
partment of health may stipulate such modifications, conditions and 
regulations as the public health may require. Any action taken by 
the director of health shall be a matter of public record and shall 
be entered in his journal. Whoever violates any provision of this 
section shall upon conviction thereof, be fined not less than one 
hundred dollars nor more than five hundred dollars for each offense, 
and a separate offense shall be deemed to have been committed for 
each period of thirty days such violation shall continue after such 
conviction, (m v. 24). 
Sec. 1240-1. (Plans for the disposal of waste must be approved 
by the department of health.) No city, village, county, public insti- 
tution, corporation or officer or employe thereof or other person shall 
establish as proprietor, agent, employe, lessee, or tenant, any garbage 
disposal plant, shop, factory, mill, industrial establishment, process, 
trade or business, in the operation of which an industrial waste is 
produced, or make a change in or enlargement of a garbage disposal 
plant, shop, factory, mill, industrial establishment, process, trade or 
business, whereby an industrial waste is produced or materially in- 
creased or changed in character, or install works for the treatment 
or disposal of any such waste until the plans for the disposal of such 
waste have been submitted to and approved by the state department of health. For the purposes of this act industrial waste shall .be 
construed to mean a water-carried or a liquid waste resulting from 
any process of industry, manufacture, trade or business, or develop- 
ment of any natural resource. In granting an approval authorized by 
this section the state department of health may stipulate such modifi- 
cations, conditions and regulations as the public health may require. 
The state department of health shall not exercise any authority under 
the provisions of this section in any municipal corporation wherein 
ordinances or resolutions have been adopted and are being enforced 
by the proper authorities to make effective the provisions of this 
section. Any action taken by the director of health shall be a matter 
of public record and shall be entered in his journal. Whoever violates 
any provision of this section shall upon conviction thereof be fined not 
less than one hundred dollars nor more than five hundred dollars for 
each offense and a separate offense shall be deemed to have been 
committed for each period of thirty days such violation shall continue 
after such conviction, (m v. 24). 
Sec. 1240-2. (State department of health shall exercise general 
supervision of the disposal of sewage and industrial wastes.) The 
state department of health shall exercise general supervision of the 
disposal of sewage and industrial wastes and the operation and 
maintenance of works or means installed for the collection, treatment 
or disposal of sewage and industrial wastes. Such general super- 
vision shall apply to all features of construction, operation and main- 
tenance of such works or means which do or may affect the proper 
treatment or disposal of such sewage and industrial wastes. For 
the purpose of exercising such general supervision the state de- 
partment of health shall investigate the works or means employed in 
the collection, treatment and disposal of sewage and industrial wastes 
whenever deemed necessary by the department and whenever re- 
quested to do so by local health officials; and may adopt and enforce 
orders and regulations governing the operation and maintenance of 
such works or means and may require the submission of records and 
data of construction, operation and maintenance, including plans and 
descriptions of existing works or means of disposal of such sewage 
or wastes. When the state department of health shall require the 
submission of such records or information the public officials or 
person, firm or corporation having the works in charge shall promptly 
comply with such order. 
The provisions of this section shall not apply to acid mine drain- 
age and silt from coal mines until such time as, in the opinion of the 
state department of health, practical means for the removal of the 92 
polluting properties of such drainage shall become known. (118 v. 
500). 
Sec. 1240-3. (Studying and investigating the streams, lakes, and 
other bodies of water of the state, etc.) The state department of 
health shall study and investigate the streams, lakes and other bodies 
of water of the state and waters forming the boundaries thereof, for 
the purpose of determining the uses of such waters, the causes con- 
tributing to their pollution and the efifects of the same, and the prac- 
ticability of preventing and correcting their pollution and of main- 
taining such streams, lakes and other bodies of water in such condi- 
tion as to prevent damage to public health and welfare. For the 
purpose of providing effective control of the discharge of sewage and 
industrial wastes into the various streams, lakes and other bodies of 
water and for preventing the undue pollution thereof the state de- 
partment of health may adopt and enforce such special or general 
regulations as it may deem necessary for the protection of the public 
health and welfare, (m v. 25). 
Sec. 1241. (Chemical and bacteriological laboratory.) The state 
board of health may establish and maintain a chemical and bac- 
teriological laboratory for the examination of public water supplies, 
and the effluent of sewage purification works, for the diagnosis of 
diphtheria, typhoid fever, hydrophobia, glanders and such other 
diseases as it deems necessary, and for the examination of food 
suspected to be the cause of disease. The board shall examine and 
report each year the condition of all public water supplies. (99 v. 494.) 
Sec. 1242. (Secretary to have charge of laboratory.) The secre- 
tary of the state board of health shall have charge of the laboratory 
authorized by the preceding section. The board may employ an 
assistant for the laboratory who shall be a person skilled in chemistry 
and bacteriology, and receive for his services such compensation as 
the board may allow. All expenses of such laboratory shall be paid 
from appropriations made for the board. (99 v. 495.) 
Sec. 1243. (Report as to contagious or infectious diseases.) 
Boards of health, health authorities or officials, and physicians in 
localities where there are no health authorities or officials, shall 
report to the state board of health promptly upon the discovery 
thereof, the existence of any one of the following diseases: asiatic 
cholera, yellow fever, smallpox, scarlet fever, diphtheria, membranous 
croup, typhus or typhoid fever, and such other contagious or infec- 
tious diseases as the state board specifies. (99 v. 495.) 
Sec. 1243-1. (Reports of occupational diseases and ailments; 93 
when and by whom made.) Every physician in this state attending 
on or called in to visit a patient whom he believes to be suffering 
from poisoning from lead, phosphorus, arsenic, brass, wood alcohol, 
mercury or their compounds, or from anthrax or from compressed 
air illness and such other occupational diseases and ailments as the 
state department of health shall require to be reported, shall within 
forty-eight hours from the time of first attending such patient send 
to the state commissioner of health a report stating: 
(a) Name, address and occupation of patient. 
(b) Name, address and business of employed. (*) 
(c) Nature of disease. 
(d) Such other information as may be reasonably required by 
the state department of health. 
The reports herein required shall be made on, or in conformity 
with the standard schedule blanks hereinafter provided for. The 
mailing of the report, within the time required, in a stamped envelope 
addressed to the office of the state commissioner of health, shall be 
a compliance with this section. (108 v. Pt. 2, 1129.) 
(*) Should this read “employer” 
Sec. 1243-2. Blanks for reports.) The state department of 
health shall prepare and furnish, free of cost, to the physicians 
included in the preceding section, standard schedule blanks for the 
reports required under this act. The form and contents of such 
blanks shall be determined by the state department of health. (108 
v. Pt. 2, 1129.) 
Sec. 1243-3. (Such reports not evidence.) Reports made under 
this act shall not be evidence of the facts therein stated in any action 
arising out of the disease therein reported. (103 v. 185.) 
Sec. 1243-4. (Reports to be made by state department of health 
to department of industrial relations.) It shall furthermore be the 
duty of the state department of health to transmit a copy of all such 
reports of occupational disease to the proper official having charge 
of factory inspection. (108 v. Pt. 2, 1130.) 
Sec. 1243-5. (Penalty.) Whoever being a physician practicing 
in the state of Ohio, neglects or refuses to make and transmit to the 
state commissioner of health any report provided for in section 
1243-1 of the General Code shall be fined not to exceed one hundred 
dollars or imprisoned for not to exceed ninety days, or both, but no 
person shall be imprisoned under this section for a first offense and 
the prosecution shall always be as and for a first offense unless the 94 
affidavit upon which the prosecution is instituted contains the alle- 
gation that the offense is a second or repeated offense. (108 v. Pt. 2, 
1130.) 
Sec. 1244. (Powers of board when local authorities fail to act.) 
When a contagious or infectious disease becomes or threatens to 
become epidemic in a city, village or township, and the local author- 
ities neglect or refuse to enforce efficient measures for its prevention, 
the state board of health or its secretary, on the order of its presi- 
dent, may appoint a medical or sanitary officer and such assistants as 
he may require, and authorize him to enforce such orders or regu- 
lations as the board or its secretary deems necessary. (99 v. 495.) 
NOTE: For authority of director of health to appoint city and general health 
district health commissioners, see G. C. 1261-25 and 4406. 
Sec. 1245. (Annual conference; expenses.) The state department 
of health shall make provision for annual conferences of district 
health commissioners for the consideration of the cause and pre- 
vention of dangerous communicable diseases and other measures to 
protect and improve the public health. Each board of health or other 
body or person appointed or acting in place of a board of health shall 
appoint its health commissioner or health officer a delegate to such 
annual conferences. The district board of health shall pay the neces- 
sary expenses of such delegate upon presentation of a certificate from 
the state commissioner of health that the delegate attended the 
sessions of such conference. (108 v. Pt. 1, 247.) 
Sec. 1246. (School of instruction for health commissioners.) 
The state commissioner of health may require any district health 
commissioner to attend immediately after his appointment, a school 
of instruction to be conducted by the state department of health at 
Columbus. The course at such school of instruction shall not exceed 
four weeks in duration, and the necessary expenses of the district 
health commissioner in attending such school shall be paid by the 
district board of health upon certification from the state commis- 
sioner of health that such officer has attended the school of instruc- 
tion. (108 v. Pt. 1, 247.) 
Sec. 1247. Prosecution and proceedings.) All prosecutions and 
proceedings by the state board of health for the violation of a pro- 
vision of this chapter which the board is required to enforce, or for 
the violation of any of the orders or regulations of the board, shall 
be instituted by its secretary on the order of the president of the 
board. The laws prescribing the modes of procedure, courts, practice, 
penalties or judgments applicable to local boards of health, shall apply 
to the state board of health and the violation of its rules and orders. 95 
All fines or judgments collected by the board shall be paid into the 
state treasury to the credit of such board. (99 v. 495.) 
NOTE: For penalty, procedure, etc., see G. C. 4414 et seq. 
1248. (Annual report.) Each year, the state board of 
health shall make a report to the governor, which must include so 
much of the proceedings of the board, such information concerning 
vital statistics and diseases, such instructions on the subject of 
hygiene for dissemination among the people and such suggestions as 
to legislation as it deems proper. The board shall include in its 
annual report a full statement of all examinations made in its chem- 
ical and bacteriological laboratory, with a detailed account of all 
expenses so incurred. (99 v. 496.) 
Sec. 1248-1. (Definitions; inflammation of eyes of newborn; 
gonorrheal ophthalmia.) Any inflammation, swelling or redness in 
either one or both eyes of any infant, either apart from or together 
with any unnatural discharge from the eye or eyes of such infant, 
independent of the nature of the infection, if any, occurring any 
time within two weeks after the birth of such infant shall be known 
as “inflammation of the eyes of the new born.” Any inflammation of 
the conjunctiva or cornea, either apart from or together with any 
unnatural discharge from the eye or eyes, occurring at any time after 
two weeks after birth, if caused by the gonococcus, shall be known 
as “gonorrheal ophthalmia.” (119 v. 608.) 
Sec. 1248-2. (Duty of physicians and others to report.) It shall 
be the duty of any physician, surgeon, obstetrician, midwife, nurse, 
maternity home or hospital of any nature; parent, relative or any 
other attendant on any person with inflammation of the eyes, know- 
ing either condition, hereinabove defined, to exist, within six hours 
thereafter, to report such facts, as the state department of health 
shall direct, to the health commissioner of the city or general health 
district within which such person may reside. (119 v. 608.) 
Sec. 1248-3. (Duties of health commissioner.) It shall be the 
duty of the health commissioner: 
1. To investigate or to have investigated, each case as filed with 
him in pursuance with the law, and any other such case as may come 
to his attention. 
2. To report all cases of inflammation of the eyes of the new 
born and gonorrheal ophthalmia, as hereinbefore defined, and the 
result of all such investigation as the state department of health 
shall direct. 96 
3. To conform to such other rules and regulations as the state 
department of health shall promulgate for his further guidance. 
4. To determine the nature of the inflammation of the eyes in 
any case reported to him, and to refer immediately to the Ohio com- 
mission for the blind any inflammation of the eyes as hereinbefore 
defined, for such treatment as the commission may deem necessary. 
(119 v. 608.) 
Sec. 1248-4. (Duties state department of health.) It shall be the 
duty of the state department of health: 
1. To enforce the provisions of this act. 
2. To promulgate such rules and regulations as shall be necessary 
for the purpose of this act, and such as the state department of 
health may deem necessary for the further and proper guidance of 
health commissioners. 
3. To provide for the gratuitous distribution of a scientific 
prophylactic for inflammation of the eyes of the new born, together 
with proper directions for the use and administration thereof, to all 
physicians and midwives as may be engaged in the practice of obstet- 
rics or assisting at childbirth. 
4. To publish and promulgate such further advice and infor- 
mation concerning the dangers of inflammation of the eyes of the 
new born, and of gonorrheal ophthalmia, and the necessity for prompt 
and effective treatment. 
5. To furnish copies of this law to all physicians and all persons 
engaged in services relating to the public health. 
6. To keep a proper record of any and all cases of inflammation 
of the eyes of the new born and gonorrheal ophthalmia, as herein- 
before defined, as shall be filed in the office of the state department 
of health, in pursuance with this law and as may come to its attention 
in any way. 
7. To report any and all violations of this act as may come to 
its attention, to the state medical board and also to the prosecuting 
attorney of the county wherein said misdemeanor may have been 
committed, and to assist said officials in every way possible, such as 
by securing necessary evidence. (119 v. 609.) 
Sec. 1248-5. (Duty of physician or attendant to use prophy- 
lactic.) It shall be the duty of the physician, midwife or other person 
in attendance upon a case of childbirth in every infant immediately 
after birth, to use some prophylactic against inflammation of the 
eyes of the new born, and to make a record of the prophylactic used. 
(119 v. 609.) 97 
Sec. 1248-6. (Penalty for failure to report or use prophylactic.) 
Whoever being a physician, surgeon, midwife, obstetrician, nurse, 
manager or person in charge of a maternity home or hospital, parent, 
relative or person attendant upon or assisting at the birth of any in- 
fant violates any of the provisions of this act, shall be deemed guilty 
of a misdemeanor and upon conviction thereof be fined in a sum not 
less than fifty dollars nor more than one hundred dollars and for each 
second or subsequent offense shall be fined not less than one hundred 
dollars nor more than three hundred dollars. It shall be the duty 
of the prosecuting attorney to prosecute all violations of this act. 
(119 v. 610.) 
Sec. 1249. (Complaint of stream pollution nuisance; investi- 
gation.) Whenever the council or board of health, or the officer or 
officers performing the duties of a council or board of health, of a 
city or village, the commissioners of a county, the trustees of a 
township or fifty of the qualified electors of any city, village or 
township, or the managing officer or officers of a public institution 
set forth in writing to the state department of health that a city, 
village, public institution, corporation, partnership or person is dis- 
charging or is permitting to be discharged sewage or other wastes 
into a stream, water course, canal, lake or pond, and is hereby (*) 
creating a public nuisance detrimental to health or comfort, or is 
polluting the source of any public water supply, the commissioner of 
health shall forthwith inquire into and investigate the conditions 
complained of. (108 v. Pt. 1, 297.) 
Sec. 1250. (Notice of findings and hearing; how given.) If the 
commissioner of health finds that the discharge of sewage or other 
wastes from a city, village or public institution, or by a corporation, 
partnership or person, has so corrupted a stream, water course, 
canal, lake or pond, as to give rise to foul and noxious odors or to 
conditions detrimental to health or comfort, the source of public 
water supply of a city, village, community or public institution is 
subject to contamination, or has been rendered impure by such dis- 
charge of sewage or other wastes, he shall notify the mayor or 
managing officer or officers of such city, village, public institution or 
corporation, partnership or person of his findings and of the time and 
place when and where a hearing may be had before the public health 
council. The notice herein provided shall be by personal service or 
by registered letter. (108 v. Pt. 1, 298.) 
(*) Should this read “thereby”? 
Sec. 1251. (Order by commissioner to make improvement; 98 
approval by council.) After such hearing if the public health council 
shall determine that improvements or changes are necessary and 
should be made, the commissioner of health shall notify the mayor 
or managing officer or officers of such city, village, public institution, 
or corporation, partnership or person to install works or means, 
satisfactory to the commissioner of health, for purifying or otherwise 
disposing of such sewage or other wastes, or to change or enlarge 
existing works, in a manner satisfactory to the commissioner of 
health. Such works or means must be completed and put into opera- 
tion within the time fixed in the order. The order of the commissioner 
of health and the time fixed for making the improvements or changes 
shall be approved by the public health council, and notification shall 
be had by personal service upon or by registered letter to the mayor 
or managing officer or officers of the city, village, public institution 
or corporation, partnership or person to whom said order shall apply. 
But no city or village discharging sewage into a river which separates 
the state of Ohio from another state shall be required to install 
sewage purification works so long as the unpurified sewage of cities 
or villages of another state is discharged into such river above such 
city or village of this state. (108 v. Pt. i, 298.) 
Sec. 1252. (Complaint of impure water supply; investigation.) 
Whenever the board of health, or officer or officers performing the 
duties of a board of health of a city or village or ten per cent of the 
electors thereof or the managing officer or officers of a public insti- 
tution, shall file with the state department of health a complaint, in 
writing, setting forth that it is believed that the public water supply 
of such city or village, or public institution, is impure and dangerous 
to health, the state commissioner of health shall forthwith inquire 
into and investigate the conditions complained of. (108 v. Pt. 1, 298.) 
Sec. 1252-1. (Supervisory control of public water supplies by 
state department of health. Investigation of water supplies; orders 
and regulations.) The state department of health shall exercise gen- 
eral supervision of the operation and maintenance of the public water 
supply and water works systems throughout the state. For the pur- 
poses of this act a public water supply and water works system shall 
include any such system publicly or privately owned which is of a 
public or quasi-public nature installed for a municipality or part 
thereof, an unincorporated community, a county sewer district or 
other land outside a municipality, a state, county, district or municipal 
public institution, a privately owned institution, university, college, 
seminary or school, club, church, factory or other place of employ- 
ment, or other public, quasi-public or privately owned institution, 99 
building or place used for the assemblage or employment of persons. 
Such general supervision shall include all features of construction, 
operation and maintenance of systems for supply, treatment, storage 
and distribution, which do or may affect the sanitary quality of the 
water supply. For the purpose of exercising such general super- 
vision the state department of health shall investigate the public 
water supplies throughout the state as frequently as is deemed neces- 
sary by the department, and whenever requested to do so by the local 
health officials; and may adopt and enforce orders and regulations 
governing the construction, operation and maintenance of such public 
water supply and water works systems, and may require the submis- 
sion of records of construction, operation and maintenance including 
plans and descriptions of existing works. When the state department 
of health shall have required the submission of such records or infor- 
mation the public officials or person, firm or corporation having the 
works in charge shall promptly comply with such request. (109 v. 
3I9-) 
Sec. 1252-2. (Analyses of water required at intervals; records.) 
For the purpose of controlling the sanitary quality of public water 
supplies, every city, village or other subdivision or district, public 
institution, or person, firm or corporation owning or operating a 
public water supply or water works system shall have analyses of 
the water made at such intervals and in such manner as may be 
ordered by the state department of health; and records of the results 
of such analyses shall be maintained and reported as required by the 
said department. (109 v. 320.) 
Sec. 1252-3. (Connections with private auxiliary or emergency 
water supply, prohibited.) It shall be unlawful for any official, officer, 
or employe having in charge or being employed in the maintenance 
and operation of a public water supply and water works system or 
for any other person, firm or corporation to establish or permit to 
be established any connection whereby a private, auxiliary or emer- 
gency water supply other than the regular public water supply may 
enter the supply or distributing system, unless such private, auxi- 
liary or emergency water supply, and the method of connection and 
use of such supply shall have been approved by the state department 
of health. (109 v. 320.) 
Sec. 1252-4. (Notice when danger of contamination or inade- 
quate supply; investigation.) When the commissioner of health finds 
upon investigation that a public water supply is subject to the danger 
of contamination by reason of unsatisfactory location, protection, construction, operation, or maintenance of the system, or by reason 
of the existence of an unsafe emergency supply or connection to an 
unsafe private or auxiliary supply, or if the commissioner of health 
finds upon investigation that the public health is endangered by 
reason of the existence of an inadequate public water supply or water 
works system, he shall notify the city, village, county, public insti- 
tution, corporation, partnership or person owning or operating such 
public water supply or water works system of his findings and of the 
time and place, when and where a hearing may be had before the 
public health council. Such notice shall be by personal service, or 
shall be sent by registered letter to the mayor or managing officer or 
officers of the city, village, county or public institution or to the 
corporation, partnership or person owning or operating such supply. 
Investigations made in accordance with this section may be at the 
initiative of the commissioner of health. (109 v. 320.) 
Sec. 1252 5. (Corrections and changes may be ordered; notice; 
procedure.) After such hearing, if the public health council shall de- 
termine that improvements or changes are necessary and should be 
made, the commissioner of health shall notify the mayor or managing 
officer or officers of the city, village, county, or public institution or 
the corporation, partnership or person owning or operating such 
water supply or water works system to make improvements, correc- 
tions and changes in the location, protection, construction, operation 
or maintenance of the water supply or water works system satisfac- 
tory to the commissioner of health, so as to prevent the contamina- 
tion of the water supply or to provide a water supply not subject to 
the danger of contamination, or to provide a water supply and water 
works system adequate to avoid endangering the public health. The 
order of the commissioner of health and the time fixed for making the 
improvements or changes shall be approved by the public health 
council and the notification shall be made by personal service upon or 
by registered letter to the mayor or managing officer or officers of 
the city, village, county or public institution or to the officials, cor- 
poration, partnership or person to whom said order shall apply. When 
such order is issued subsequent procedures shall be in accordance 
with and governed by the provisions of sections 1257, 1258, 1258-1, 
1258-2, 1258-3, 1258-4, 1258-5, 1258-6, 1258-7, 1258-8, 1259, 1259-1, 
1260 and 1261 of the General Code. (109 v. 321.) 
Sec. 1252-6. (Penalty for violation of law.) Whoever violates 
any of the provisions of sections 1, 2 or 3 of this act (G. C. 1252-1, 
1252-2 and 1252-3) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding five hun- 
dred dollars ($500.) (109 v. 321.) 
Sec. 1253. (Notice of findings; hearing by public health council.) 
If the commissioner of health finds that the public water supply of a 
city, village or public institution is impure and dangerous to health 
and that it is not practicable to sufficiently improve the character of 
such supply by removing the source or sources of pollution affecting 
it, or if the commissioner of health finds that such water supply is 
being rendered impure and dangerous to health by reason of improper 
construction or inadequate size of existing water purification works, 
he shall notify such city, village, or public institution, corporation, 
partnership or person owning or operating such water supply or 
water works of his findings and of the time and place when and 
where a hearing may be had before the public health council. Such 
notice shall be by personal service or shall be sent by registered 
letter to the mayor or managing officer or officers of the city, village, 
public institution, or corporation, partnership or person owning or 
operating such water supply or water works. (108 v. Pt. 1, 299.) 
Sec. 1254. (Order of commissioner; approval of public health 
council.) After such hearing, if the public health council shall de- 
termine that improvements or changes are necessary and should be 
made, the commissioner of health shall notify the mayor or manag- 
ing officer or officers of the city, village, public institution or corpora- 
tion, partnership or person owning or operating such water supply 
or water works to change the source of supply or to install and place 
in operation water purification works or device satisfactory to the 
commissioner of health, or to change or enlarge existing water puri- 
fication works in a manner satisfactory to said commissioner. The 
order of the commissioner of health and the time fixed for making 
the improvements or changes shall be approved by the public health 
council and notification shall be had by personal service upon or by 
registered letter to the mayor or managing officer or officers of the 
city, village, public institution or corporation, partnership or person 
to whom said order shall apply. (108 v. Pt. 1, 299). 
Sec. 1255. (Order for improvement of water purification or 
sewage treatment works.) When the commissioner of health finds 
upon investigation, that any water purification or sewage treatment 
works, on account of incompetent supervision or inefficient operation 
is not producing an effluent of such quality as might be reasonably 
obtained from such water purification or sewage treatment works, 
and by reason of such neglect the public water supply has become 
impure and dangerous to health, or that a stream, water course, 102 
canal, lake, pond or body of water has become offensively polluted 
or has become a public nuisance or that a public water supply taken 
from such stream, water course, canal, lake, pond or body of water 
has been rendered impure and dangerous to health, the commissioner 
of health shall issue an order to the mayor or managing officer or 
officers of the city, village, public institution, or corporation, part- 
nership or person having charge of or owning such water purifica- 
tion or sewage treatment works, to secure an effluent of such quality 
as might be reasonably expected from such works and satisfactory 
to the commissioner of health. (108 v. Pt. i, 299). 
Sec. 1256. (Order to appoint and pay competent person; ap- 
proval by commissioner.) If the managing officer or officers of such 
city, village, public institution, or corporation, partnership or person 
fails, for a period of five days after receiving such order, to secure 
an effluent satisfactoiy to the commissioner of health, the commis- 
sioner of health shall report the fact to the public health council and 
upon its approval may order such managing officer or officers or per- 
son owning such works to appoint within ten days, and pay the salary 
of a competent person to be approved by the commissioner of health, 
to take charge of and operate such works as to secure the results de- 
manded by the commissioner of health. (108 v. Pt. 1, 300). 
Sec. 1257. (Right of appeal; procedure.) If the findings or order 
of the commissioner of health, when approved by the public health 
council and made in pursuance of the provisions of this chapter 
relating to stream pollution and public water supply, are not accept- 
able to any city, village, public institution, corporation or owner ef- 
fected thereby, such city, village, public institution, corporation or 
owner shall have the right to appeal as follows; Two reputable and 
experienced sanitary engineers shall be chosen, one by the city, vil- 
lage, public institution, corporation or owner and the other by the 
commissioner of health, who shall not be a regular employe of the 
state department of health. Such persons shall act as referees. If 
the referees so chosen are unable to agree, they shall choose a third 
engineer of like standing and the vote of the majority shall be final. 
As soon as such referees are chosen, the commissioners (*) of health 
shall file with them a certified copy of the complaint and the findings 
and order of the state department of health, and it shall be the duty 
of such referees to investigate the conditions complained of and to 
determine if such findings are correct and if the order provides a 
proper remedy for such conditions. The appeal provided for in this 
section shall be made within thirty days from the date of service 
(*) Should this read “commissioner”? of the order upon the mayor or managing officer or officers of the 
city, village, public institution or corporation or owner, and notice 
thereof in writing shall be served upon the commissioner of health 
by personal service for which there shall be acknowledgment, or sent 
by registered letter. (108 v. Pt. i, 300). 
Sec. 1258. (Powers of referees; fees and expenses, how paid.) 
Such referees may affirm or reject the findings or order of the com- 
missioner of health or may modify such order as to the time within 
which improvements or changes shall be made, and their decision, 
which must be in writing and be made within a reasonable time, 
shall be reported to the commissioner of health and to the city, vil- 
lage, public institution, corporation or owner and shall be final except 
as hereinafter provided. If said findings and order shall be approved 
or modified by said referees, the order shall be enforced by the com- 
missioner of health in the manner provided for in this chapter. The 
fees and expenses of the referee appointed by the commissioner of 
health shall be paid from funds appropriated to the state department 
of health for such purpose. The fees and expenses of the referee 
appointed by the city, village, public institution, corporation or 
owner shall be paid by the city, village, public institution, corporation 
or owner making such appeal. The fees and expenses of the third 
referee shall be equally divided between the state department of 
health and the city, village, public institution, corporation or owner 
making appeal. (108 v. Pt. 1, 300). 
Sec. 1258-1. (When and how additional charges for supply ob- 
tained.) Where an order of the commissioner of health to a corpora- 
tion, partnership or person owning and operating a water works is 
approved or modified by the referees provided for in sections 1257 
and 1258 of the General Code, or if such corporation, partnership 
or person shall accept such order without appeal to such referees 
and it shall be claimed by such corporation, partnership or person 
that the revenues derived from the operation of such water works 
are not sufficient to warrant the expense of making the improvements 
or changes so ordered, an application may be made to the public 
utilities commission of Ohio for authority to make and collect addi- 
tional charges from the water consumers and user (*) of the utility’s 
service. Upon the filing of such application the commission shall fix 
a time for the hearing thereof and give notice thereof to the mayor 
of the municipality and the state commissioner of health and if upon 
hearing the public utilities commission shall determine and find that 
the rates theretofore authorized to be charged will not provide 
(*) Should this read “users”? 104 
revenue sufficient to operate said water works and make a reason- 
able return upon the investment after such improvements and changes 
are made, it shall by order authorize the collection of such additional 
charges and compensation as may under all the circumstances be 
just and reasonable. (108 v. Pt. i, 301). 
Sec. 1258-2. (Order, how reversed, vacated or modified.) An 
order as made by the commissioner or director of health or as ap- 
proved or modified by the referees as herein provided, shall be re- 
versed, vacated or modified by the supreme court on appeal, if upon 
consideration of the record such court is of the opinion that such 
order was unlawful and unreasonable. (116 v. 104). 
Sec. 1258-3. (Proceeding instituted by notice of appeal; service 
of notice.) The proceeding to obtain such reversal, vacation or modi- 
fication shall be instituted by notice of appeal, filed with the commis- 
sioner or director by the municipal corporation, managing board of 
(*) officer of a public institution, corporation, partnership or person 
to which such order of the commissioner or director of health shall 
apply, setting forth the order appealed from and the errors com- 
plained of. The notice of appeal shall be served unless waived, upon 
the commissioner or director of health, or in his absence by leaving 
a copy at his office in the city of Columbus. (116 v. 104). 
(*) Should this read “or”? 
Sec. 1258-4. (Transcript to supreme court.) Upon service or 
waiver of notice of appeal the commissioner or director of health shall 
forthwith transmit to the clerk of the supreme court a transcript of 
his journal entries, original papers or transcripts thereof and a certi- 
fied copy of all evidence adduced upon the hearing before the public 
health council in the proceeding complained of, which shall be filed 
in said court. (116 v. 104). 
Sec. 1258-5. (Proceeding deemed commenced, when.) No pro- 
ceeding to reverse, vacate or modify an order of the commissioner 
or director of health shall be deemed commenced unless the notice of 
appeal therefor is filed within thirty days after service of the order 
upon the mayor or managing officer or officers of the municipal cor- 
poration, public institution, or corporation, partnership or person to 
whom such order shall apply. Or if there has been an appeal to 
referees then such notice of appeal shall be filed within two weeks 
after the determination of such appeal and due notice thereof. A 
proceeding to reverse, vacate or modify an order of the commissioner 
or director of health shall operate to stay execution thereof until 
the supreme court shall render a decision thereon. (116 v. 104). 105 
Sec. 1258-6. (Supreme court only has power to suspend order.) 
No court other than the supreme court shall have the power to re- 
view, suspend or delay any order of the commissioner of health, or 
enjoin, restrain or interfere with the commissioner of health or public 
health council in the performance of official duties required or power 
exercised under the provisions of this act. (108 v. Pt. 1, 302). 
Sec. 1258-7. (Former orders shall continue in full force.) All 
orders heretofore issued or promulgated by the state board of health 
or by the state department of health shall continue in full force and 
have the same effect as though they had been lawfully made, issued 
or promulgated under the provisions of this act. (108 v. Pt. 1, 302). 
Sec. 1258-8. (Section or part held void does not affect others.) 
Each section of this act and every part thereof is hereby declared to 
be an independent section, and part of a section, and the holding of 
a section or part of a section thereof to be void or ineffective for any 
cause shall not be deemed to affect any other section or part thereof. 
(108 v. Pt. 1, 302). 
Sec. 1259. (How funds provided.) Each municipal council, de- 
partment or officer having jurisdiction to provide for the raising of 
revenue by tax levies, sale of bonds, or otherwise shall take all steps 
necessary to secure the funds for any such purpose or purposes. 
When the funds are secured, or the bonds therefore have been sold 
in accordance with law such funds shall be considered as in the 
treasury and appropriated for such particular purpose or purposes, 
and shall not be used for any other purpose. Contracts for expendi- 
ture from such funds shall not be valid unless approved by the 
director of health. (112 v. 384). 
Sec. 1259-1. (Duty of state tax commission. Duty of taxing 
authority. Exemption from limitations.) If the tax commission of 
Ohio certifies to the director of health that the municipal corporation 
is unable to comply with the provisions of the foregoing section with- 
out a vote of the electors by reason of existing debt and tax limita- 
tions, the director of health may find that an emergency exists re- 
quiring the immediate issue of bonds. When such finding approved 
by the governor is certified to the taxing authority of the municipal- 
ity, it shall, first, provide such funds as can be provided without a 
vote of the electors; second, issue bonds without such vote which 
bonds shall be outside of the 1% limitation provided by section 
2293-14 of the General Code but within the limitation of 5% provided 
thereby, but nothing herein shall prevent the application to such 
bonds of the provisions of sub-section (d) of section 2293-14 to the 
extent that the income from the improvement made under order of the director of health is sufficient to cover the cost of all operating 
expenses and debt charges on said bonds or part thereof; third, if 
sufficient funds cannot be produced by the first and second method, 
issue bonds without vote of the electors outside of the 5% limita- 
tion provided by such section in the amount required to provide the 
balance necessary. The certificate of the tax commission of Ohio 
as to the amount of such balance necessary shall be final. The debt 
charges on bonds issued under order of the director of health outside 
of the 1% or 5% limitations prescribed by section 2293-14 of the Gen- 
eral Code shall be outside of the fifteen mill limitation prescribed by 
law, but the net indebtedness on bonds heretofore issued under au- 
thority of section 1259 of the General Code and hereafter issued under 
the authority of this section shall never exceed 3% of the total value 
of all property in such municipality as listed and assessed for taxa- 
tion. (112 v. 384). 
NOTE: Bonds heretofore issued under authority of G. C. 1259 and hereafter 
issued under order of the director of health, in accordance with the provisions of 
G. C. 1259-1 are not to be considered in computing the “net indebtedness” of 
municipal corporations. (G. C. 2293-14.) 
Sec. 1260. (Forfeiture for failure to obey orders.) If a council, 
department or officer of a municipality, or person, partnership or 
private corporation fails or refuses for a period of thirty days, after 
notice given him or them by the commissioner of health of his find- 
ings and order and the approval thereof by the public health council, 
to perform any act or acts required of him or them by this chapter 
relating to stream pollution and public water supply, the members of 
such council or department, or such officer or officers, person, partner- 
ship or private corporation shall be personally liable for such default, 
and shall forfeit and pay to the state of Ohio five hundred dollars 
to be paid into the state treasury to the credit of the general revenue 
fund. (108 v. Pt. 1, 303). 
Sec. 1261. (Action for recovery.) An action may be begun for 
the recovery of such penalty by the prosecuting attorney of a county 
in the name of the state in the court of common pleas of such county 
having jurisdiction of any such party or parties, or it may be begun 
by the attorney general in such county or the county of Franklin, 
as provided by law. The court of common pleas, upon good cause 
shown, may, at its discretion, remit such penalty or any part thereof. 
(108 v. Pt. 1, 303). 
Sec. 1261-1. Repealed. (109 v. 132). 
Sec. 1261-2. (Plumbing inspectors; qualifications. Rules and 
regulations. Plans and specifications.) In the department of health 107 
there shall be such number of plumbing inspectors as the necessities 
of the work shall require and the appropriations for such inspections 
will permit. Such inspectors shall be practical plumbers with at least 
seven years’ experience, and skilled and well trained in matters per- 
taining to sanitary regulations concerning plumbing work. The de- 
partment of health shall have the power to make and enforce rules 
and regulations governing plumbing and register those persons en- 
gaged in or at the plumbing business to carry out the provisions of 
this act. Plans and specifications for all sanitary equipment or drain- 
age to be installed in or for buildings coming within the provisions 
of this act shall be submitted to and approved by the department of 
health before the contract for installation of the sanitary equipment 
or drainage shall be let. (109 v. 127). 
Sec. 1261-3. (Duties of inspector.) It shall be the duty of said 
inspector of plumbing, as often as instructed by the state board of 
health, to inspect any and all public or private institutions, sanitari- 
ums, hospitals, schools, prisons, factories, workshops, or places where 
men, women or children are or might be employed, and to condemn 
any and all unsanitary or defective plumbing that may be found in 
connection therewith, and to order such changes in the method of 
construction of the drainage and ventilation, as well as the arrange- 
ment of the plumbing appliances, as may be necessary to insure the 
safety of the public health. 
Such inspector shall not exercise any authority in municipalities 
or other political subdivisions wherein ordinances or resolutions have 
been adopted and are being enforced by the proper authorities regu- 
lating plumbing or prescribing the character thereof. (107 v. 609). 
Sec. 1261-4. (Subject to orders of state board of health.) He 
shall hold himself in readiness at any and all times to go to any part 
of the state if so directed by the executive officer of the state board 
of health, for the purpose of making a sanitary inspection of any 
building or other place that he has reason to believe is in such a con- 
dition as to be a menace to the public health. (107 v. 609). 
Sec. 1261-5. (Inspector’s certificate; posting required.) When 
any building is found to be in a sanitary condition or when changes 
which are ordered in the plumbing, drainage or ventilation have been 
made, and after a thorough inspection on approval by said inspector 
of plumbing, he shall issue a certificate signed by himself and counter- 
signed by the executive officer of the state board of health, which 
must be posted in a conspicuous place for the benefit of the public at 
large. Upon notification by said inspector, said certificate shall be 
revoked for any violation of this act. (107 v. 609). Sec. 1261-6. (Permit from state board of health; application, 
fee.) No plumbing work shall be done in this state in any building 
or place coming within the jurisdiction of the state inspector of 
plumbing, except in cases of repairs or leaks in existing plumbing, 
until a permit has been issued by the state inspector of plumbing 
and the executive officer of the state board of health. Before granting 
such permit, an application shall be made by the owner of the prop- 
erty or by the person, firm or corporation who is to do the work. 
Such application shall be made on blanks prepared for the purpose, 
and each application shall be accompanied by a fee of one (1) dollar, 
and an additional fee of fifty (50) cents for each trap or vented fix- 
ture up to and including ten fixtures, and for each trap or vented 
fixtures over ten a fee of twenty-five (25) cents. The fees so col- 
lected shall be paid into the state treasury and credited to the general 
revenue fund. Whenever a re-inspection is made necessary by the 
failure of the plumbing contractor to have the work ready for in- 
spection when so reported, or by reason of faulty or improper in- 
stallation, he shall pay a fee of ten (10) dollars for each such in- 
spection. (107 v. 609). 
Sec. 1261-7. (Bond of inspector, where bled.) Within ten days 
after his appointment the said inspector shall give a bond, payable 
to the state of Ohio, for the faithful performance of his duties in the 
sura of five thousand dollars. Said bond when approved by the at- 
torney general shall be deposited with the secretary of state and 
kept in his office. (103 v. 532). 
Sec. 1261-8. (Inspector shall not engage in plumbing business.) 
No inspector so appointed shall, during his term of office, be engaged 
or interested in the plumbing business or the sale of any plumbing 
supplies, nor shall he act as agent, directly or indirectly, for any 
person or persons so engaged. (107 v. 610). 
Sec. 1261-9. (Salary of inspector and deputies.) The state in- 
spector of plumbing and the deputy state inspectors shall receive 
such salaries as are fixed by the state board of health. The neces- 
sary traveling and other expenses of inspectors while in the per- 
formance of their official duties, shall be paid from tbe fund provided 
for that purpose. (107 v. 610). 
Sec. 1261-10. (Powers of inspectors.) State inspectors of 
plumbing shall have the power between sunrise and sunset to enter 
any building where there is good and sufficient reason to believe that 
the sanitary condition of such premises is such as to endanger the 109 
public health, for the purpose of making such inspection as may be 
necessary to ascertain the condition of the same. (107 v. 610). 
Sec. 1261-11. (Reports.) The state inspector of plumbing shall 
report promptly to the state hoard of health the condition of all prem- 
ises inspected by him or by his deputies; also the number of in- 
spections and changes ordered, as well as any other information 
concerning his office that they may require. (107 y. 610). 
Sec. 1261-12. (Office and apparatus.) The state inspector of 
plumbing shall he provided with a suitable office in the city of Colum- 
bus, as well as with all necessary apparatus for making tests, and 
such furniture, stationery and supplies as the business of his office 
may require. (107 v. 610). 
Sec. 1261-13. (Duty of owner to comply with notice.) It shall 
be the duty of any owner, agent or manager, of any building where 
an inspection is made by said inspector of plumbing, to cause or have 
the entire system of drainage and ventilation repaired, as he may 
direct. After due notice to repair such work, it shall be the duty of 
said owner, agent or manager to notify said inspector of plumbing 
that such work is ready for his inspection. Failing to have the work 
ready for inspection at the time specified in such notice, he shall be 
subject to such penalty as hereinafter provided. (107 v. 610). 
Sec. 1261-14. (Penalty.) Any person or persons, owner, agent 
or manager refusing, failing or. neglecting to comply with any of the 
provisions of this act, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be subject to a fine of not less than ten nor more 
than one hundred dollars, or imprisoned for not less than ten nor more 
than ninety days or both ; but no person shall be imprisoned under 
this section for the first offense, and the prosecution shall always be 
as and for a first offense, unless the affidavit upon which the prose- 
cution is instituted contains the allegation that the offense is a second 
or repeated offense. (101 v. 396). 
Sec. 1261-15. (Prosecutions.) It shall be the duty of said in- 
spector of plumbing upon receipt of the knowledge that any part 
of this act has been violated, to go before any justice of the peace 
within the county, or a justice of the peace, mayor or police judge 
of the municipality where the offense was committed or the offending- 
person resides, and cause the arrest and prosecution of all persons of 
whom he has reason to believe are guilty of such violations. (107 v. 
610). 
Sec. 1261-16. (Health districts, city and general.) For the pur- 
poses of local health administration the state shall be divided into health districts. Each city shall constitute a health district and for 
the purposes of this act shall be known as and hereinafter referred 
to as a city health district. The townships and villages in each county 
shall be combined into a health district and for the purposes of this 
act shall be known as and hereinafter referred to as a general health 
district. As hereinafter provided for, there may be a union of two 
general health districts or a union of a general health district and a 
city health district located within such district. (108 v. Pt. 2, 1085.) 
Sec. 1261-17. (General district board of health; appointment; 
vacancies; how filled; compensation.) In each general health district, 
except in a district formed by the union of a general health district 
and a city health district, there shall be a district board of health 
consisting of five members to be appointed as hereinafter provided 
and as provided in section 4406 of the General Code. Each member of 
the board of health of a general health district shall be paid three 
dollars a day and mileage at the rate of five cents a mile to and from 
the place of meeting to cover the actual and necessary expenses 
incurred during his attendance upon any meeting of the board not 
exceeding twelve meetings in any one year. A vacancy in the mem- 
bership of the board of health of a general health district shall be 
filled in like manner as an original appointment and shall be for the 
unexpired term. Provided, that when a vacancy shall occur more 
than ninety days prior to the annual meeting of the district advisory 
council the remaining members of the district board of health may 
select a resident of the district to fill such vacancy until such meeting. 
A majority of the members of the district board of health shall con- 
stitute a quorum. (119 v. 747.) 
Sec. 1261-18. (District advisory council; how constituted; to 
appoint board of health; annual meeting; duty of secretary; special 
meetings; expenses.) Within sixty days after this act shall take effect 
the mayor of each municipality not constituting' a city health district 
and the chairman of the trustees of each township in a general health 
district shall meet at the county seat and shall organize by selecting 
a chairman and a secretary. Such organization shall be known as the 
district advisory council. The district advisory council shall proceed 
to select and appoint a district board of health as hereinbefore pro- 
vided, having due regard to the equal representation of all parts of 
the district. Where the population of any municipality represented 
on such district advisory council exceeds one-fifth of the total popu- 
lation of the district, as determined by the last preceding federal 
census such municipality shall be entitled to one representative on the 
district board of health for each fifth of the population of such municipality (*). Of the members of the district board of health, 
one shall be a physician. Annually thereafter the district advisory 
council shall meet on the first Monday in May for the purpose of 
electing its officers and a member of the district board of health and 
shall also receive and consider the annual or special reports of the 
district board of health and make recommendation to the district 
board of health or to the state department of health in regard to 
matters for the betterment of health and sanitation within the district 
or for needed legislation. It shall be the duty of the secretary of the 
district advisory council to notify the district health commissioner 
and the state commissioner of health of the proceedings of such 
meeting. Special meetings of the district advisory council shall be 
held on request of the district board of health or on the order of the 
state commissioner of health. On certification of the chairman and 
secretary the necessary expenses of each delegate to an annual or 
special meeting shall be paid by the village or township he represents. 
The district health commissioner shall attend all meetings of the 
district advisory council. (108 v. Pt. 2, 1086.) 
(*) Should this read “district”? 
Sec. 1261-19. (Organization of board; health commissioner; 
qualifications, term; duties.) Within thirty days after the appoint- 
ment of the members of the district board of health in a general 
health district, they shall organize by selecting one of the members 
as president and another member as president pro tempore. The 
district board of health shall appoint a district health commissioner 
upon such terms, and for such period of time, not exceeding two 
years, as may be prescribed by the district board. Said appointee 
shall be a licensed physician and shall be secretary of the board and 
shall devote such time to the duties of his office as may be fixed by 
contract with the district board of health. Notice of such appoint- 
ment shall be filed with the state commissioner of health. The district 
health commissioner shall be the executive officer of the district 
board of health and shall carry out all orders of the district board of 
health and of the state department of health. He shall be charged 
with the enforcement of all sanitary laws and regulations in the 
district, and shall have within the general health district all the 
powers now conferred by law upon health officers of municipalities. 
It shall be the duty of the district health commissioner to keep the 
public informed in regard to all matters affecting the health of the 
district. (108 v. Pt. 2, 1086.) Sec. 1261-20. (Union of city with general health district; vote 
on question; contract for service; contract with another city; sub- 
sidy.) When it is proposed that a city health district unite with a 
general health district in the formation of a single district, the district 
advisory council of the general health district shall meet and vote 
on the question of union and it shall require a majority vote of the 
total number of townships and villages entitled to representation 
voting affirmatively to carry the question. The council or body 
performing the duties of council of the city shall likewise vote on 
the question and a majority voting affirmatively shall be required 
for approval. When the majority of the district advisory council and 
the council of the city have voted affirmatively, the chairman of the 
district advisory council and the mayor or chief executive of the 
city shall enter into a contract for the administration of health 
affairs in the combined district. Such contract shall state the pro- 
portion of the expenses of the board of health or health department 
of the combined district to be paid by the city and by that part of the 
district lying outside of the city; the contract may provide that the 
administration of the combined health district shall be taken over by 
either the board of health or health department of the city or by the 
board of health of the general health district and shall prescribe the 
date on which such change of administration shall be made. A copy 
of such contract shall be filed with the state director of health. 
The combined health district hereinbefore provided for shall 
constitute a general health district, and the board of health or health 
department of the city or the board of health of the original health 
district as may be agreed in the contract, shall have within the com- 
bined district all the powers hereinafter granted to, and perform all 
the duties herein or hereafter required of the board of health of a 
general district. 
If the contract shall provide that the administration of the com- 
bined health district shall be taken over by the board of health of 
the original general health district, upon the occurrence of the first 
vacancy in such board, whether by expiration of the term of a mem- 
ber or otherwise, the vacancy shall be filled by the election of a resi- 
dent of the city health district. Such election shall be made by the 
district advisory council of the combined general health district, 
which shall consist of the members of the district advisory council of 
the original general health district and the mayor of the city con- 
stituting the city health district, each member having one vote; or 
the vacancy may be filled by the hoard of the original general health 
district until an election shall be made by the district advisory council 
as hereinbefore provided. A city constituting a city health district may enter into a contract 
for public health service with the council or managing officer or 
officers of another city. Such proposal shall be made by the city 
seeking health service and shall be approved by a majority of the 
members of the city council. Such a contract shall state the amount of 
money to be paid by the city for such service and how it is to be 
paid; shall provide for the amount and character of health service to 
be given by the city health district; shall state the date on which 
such service shall begin and the length of time such contract shall 
be in effect. No such contract shall be in effect until the state depart- 
ment of health shall determine that the health department of the city 
providing such service is organized and equipped to provide adequate 
health service. After such contract has been approved by the state 
department of health the board of health or health department of the 
city providing such service shall have within the city health district 
receiving such service all the powers and shall perform all the duties 
heretofore or hereinafter granted to or required of the board of 
health of a city health district. 
Any city health district which enters into any such contract, as 
set forth in this act, shall be entitled to a subsidy, as provided in 
section 1261-39 of the General Code, from the state of Ohio, equal 
to one-half of the amount paid yearly as the city’s proportion of the 
total cost. The amount of the subsidy, however, shall not exceed 
($1,000) one thousand dollars for any six months period. (114 v. 114.) 
Sec. 1261-21. (Combination of two general health districts; 
procedure.) Where it is proposed that two general health districts 
shall unite in the formation of one general health district, the district 
advisory council of each general health district shall meet and vote 
on the question of union and an affirmative majority vote of the total 
number of townships and villages entitled to representation on the 
district advisory council shall be required for approval. When the 
two district advisory councils have voted affirmatively on the ques- 
tion, they shall meet in joint session and shall elect a district board 
of health for the combined districts and not more than three members 
shall be from any one original district. 
When such union is completed such district shall constitute a 
general health district and shall be governed in the manner herein 
provided for general health districts. Where two general health 
districts unite to form one district, the office of the district board of 
health shall be located at the county seat of the most populous county, 
except that for good cause such office may, with the approval of the 
state commissioner of health, be located in the municipality most accessible by usual means of transportation to the whole of the 
district, (108 v. Pt. 2, 1087.) 
Sec. 1261-22. (Public health nurse, clerk and other employes; 
appointment; removal; clinics; detention hospital.) In any general 
health district the district board of health may upon the recom- 
mendation of the health commissioner appoint for whole or part time 
service a public health nurse and a clerk and such additional public 
health nurses, physicians and other persons, as may be necessary for 
the proper conduct of its work. Such number of public health nurses 
may be employed as is necessary to provide adequate public health 
nursing service to all parts of the district. The district health com- 
missioner and other employes of the district board of health may be 
removed for cause by a majority of the board. The board of health 
of each district may provide such infant welfare stations, pre-natal 
clinics and other measures for the protection of children as it may 
deem necessary. It may also provide for the prevention and treat- 
ment of trachoma and may establish clinics or detention hospitals 
and provide the necessary medical and nursing service therefor. 
(108 v. Pt. 2, 1088.) 
Sec. 1261-23. Repealed. (108 v. Pt. 2, 1093.) 
Sec. 1261-24. (State commissioner of health may appoint dis- 
trict board.) If in any general health district the district advisory 
council shall fail to meet or to select a district board of health, within 
ninety days after this act shall take effect, the state commissioner 
of health may, with the consent of the public health council, appoint 
a district board of health for such district which shall have and 
exercise all powers conferred by this act on district boards of health. 
(108 v. Pt. 1, 240.) 
Sec. 1261-25. (Public health council may remove health com- 
missioner or members of board; vacancies, how filled.) If the state 
commissioner of health shall find that the district health commis- 
sioner or the members of the board of health of a general or city 
health district, or any member thereof, has failed to perform any or 
all the duties required by this act, he shall prefer charges against 
such district health commissioner or such members of the board or 
such member before the public health council and shall notify such 
commissioner or the members of the board or such member as to the 
time and place at which such charges will be heard. If the public 
health council shall, after hearing, find the district health commis- 
sioner or members of such board or such member guilty of the charge 
or charges, it may remove such distict health commissioner, members of the board, or such member from office. When all, or a majority 
of the members of the board of health of a general or city health 
district are so removed from office, the district advisory council or 
the mayor of the city, upon notice of such removal, shall within thirty 
days after receipt of such notice select a new board of health or 
members to fill the vacancies caused by removal, and if the district 
advisory council or mayor fails within sixty days to select such board 
or such member or members, the state commissioner of health with 
the approval of the public health council, may appoint a board of 
health for such general or city health district or fill the vacancies 
caused by removal (108 v. Pt. 2, 1088.) 
Sec. 1261-26. (Duties of boards of health; medical supervision 
of school children.) In addition to the duties now required of boards 
of health, it shall be the duty of each district board of health to study 
and record the prevalence of disease within its district and provide 
for the prompt diagnosis and control of communicable diseases. The 
district board of health may also provide for the medical and dental 
supervision of school children, for the free treatment of cases of 
venereal diseases, for the inspection of schools, public institutions, 
jails, workhouses, children’s homes, infirmaries, and other charitable, 
benevolent, correctional institutions. The district board of health may 
also provide for the inspection of dairies, stores, restaurants, hotels 
and other places where food is manufactured, handled, stored, sold 
or offered for sale, and for the medical inspection of persons employed 
therein. The district board of health may also provide for the inspec- 
tion and abatement of nuisances dangerous to public health or 
comfort, and may take such steps as are necessary to protect the 
public health and to prevent disease. 
Provided that in the medical supervision of school children as 
herein provided, no medical or surgical treatment shall be admin- 
istered to any minor school child except upon the written request of 
a parent or guardian of such child; and provided further, that any 
information regarding any diseased condition or defect found as a 
result of any medical school examination shall be communicated 
only to the parent or guardian of such child and if in writing shall 
be in a sealed envelope addressed to such parent or guardian. (108 
v. Pt. 2, 1088.) 
Sec. 1261-27. (Laboratories; state institutions maintaining lab- 
oratories; approved by commissioner of health.) Each district board 
of health may provide for the carrying on of such laboratory work 
as is necessary for the proper conduct of its work. It may establish 
a district laboratory or may contract with any existing laboratory within or convenient to the district for the performance of such work, 
or may unite with another district in the establishment of a joint 
laboratory. It shall be the duty of all state institutions supported in 
whole or in part by public funds to furnish such laboratory service 
as may be required by any district board of health under terms to be 
agreed upon. Any contract for the furnishing of laboratory service 
to a district board of health and any proposal for the establishment 
of a joint laboratory, shall be subject to the approval of the state 
commissioner of health. In the operation of such laboratories stand- 
ard methods approved by the state commissioner of health shall be 
used. (108 v. Pt. 2, 1089.) 
Sec. 1261-28. (Venereal diseases.) Each district board of health 
may provide for the free treatment of cases of gonorrhea, syphilis 
and chancroid. It may establish and maintain one or more clinics for 
such purpose and may provide for the necessary medical and nursing- 
service therefor. The district board of health may provide for the 
quarantine of such carriers of syphilis, gonorrhea, or chancroid, as 
the state commissioner of health shall order to be quarantined. It 
shall use due diligence in the prevention of such venereal diseases 
and shall carry out all orders and regulations of the state department 
of health in connection therewith. (108 v. Pt. 2, 1089.) 
Sec. 1261-29. (Diphtheria antitoxin.) Each district board of 
health shall provide for the free distribution of antitoxin for the 
treatment of cases of diphtheria and shall establish sufficient distrib- 
uting stations to render such antitoxin readily available in all parts 
of the district. (108 v. Pt. 1, 241.) 
Sec. 1261-30. (District boards of health to have same powers 
and duties as municipal boards of health.) The district board of health 
hereby created shall exercise all the powers and perform all the 
duties now conferred and imposed by law upon the board of health 
of a municipality, and-all such powers, duties, procedure and penalties 
for violation of the sanitary regulations of a board of health shall be 
construed to have been transferred to the district board of health by 
this act. The district board of health shall exercise such further 
powers and perform such other duties as are herein conferred or 
imposed. (108 v. Pt. 1, 241.) 
Sec. 1261-31. (Inspection of infirmaries, children’s homes and 
other public institutions.) The district health commissioner may make 
or cause to be made frequent inspection of all county infirmaries, 
children’s homes, workhouses, jails, or other charitable, benevolent 
or penal institutions in the district, including physical examination 117 
of the inmates whenever necessary, and may make or cause to be 
made such laboratory examinations of such inmates as may be 
requested by any state or county official having jurisdiction over such 
institution. (108 v. Pt. 2, 1090.) 
Sec. 1261-32. Repealed. (119 v. 126.) (For analogous sections 
see G. C. 1261-44 et seq.) 
NOTE: See also G. C. 2497. 
Sec. 1261-33. (Detention hospitals for communicable diseases.) 
The district board of health may establish detention hospitals for 
cases of communicable diseases and provide for the support and 
maintenance thereof. It may collect from persons committed to 
such hospitals the cost of the care and treatment of such persons 
while inmates therein. The expenses of such indigent persons as are 
committed to such detention hospitals shall be a proper charge 
against and shall be collected from the township or municipality from 
which such person was sent to the hospital. (108 v. Pt. 1, 242.) 
Sec. 1261-34. Repealed. (108 v. Pt. 2, 1093.) 
Sec. 1261-35. Repealed. (108 v. Pt. 2, 1093.) 
Sec. 1261-36. (County commissioners may furnish quarters.) 
Thei county commissioners of any county or the council of any city 
may furnish suitable quarters for any board of health or health de- 
partment having jurisdiction over all or a major part of such county 
or city in accordance with the provisions of this act. (108 v. Pt. 2, 
1090.) 
Sec. 1261-37. (Prosecuting attorney to act as legal advisor.) In 
general health districts the prosecuting attorney of the county consti- 
tuting all or a major part of such district shall act as the legal 
advisor of the district board of health. In a proceeding in which the 
board of health of any general health district is a party the prosecut- 
ing attorney of the county in which such proceeding is instituted 
shall act as the legal representative of the district board of health. 
(108 v. Pt. 1, 243.) 
Sec. 1261-38. (Treasurer to be custodian of health fund; duty 
of auditor; expenses, how paid.) The treasurer of a city which con- 
stitutes a health district shall be the custodian of the health fund 
of such city health district. The county treasurer of a county which 
constitutes all or the major portion of a general health district shall 
be the custodian of the health fund of that health district. The auditor 
of a county which constitutes all or a major portion of a general 
health district shall act as the auditor of the general health district. 118 
The auditor of a city which constitutes a city health district shall 
act as the auditor of a city health district. Expenses of the district 
board of health of a general health district shall be paid on the war- 
rant of the county auditor issued on vouchers approved by the district 
board of health and signed by the district health commissioner. 
Expenses of a board of health or health department of a city health 
district shall be paid on the warrant of the auditor of the city issued 
on vouchers approved by the board of health or health department of 
a city health district and signed by the city health commissioner. (108 
v. Pt. 2, 1090.) 
Sec. 1261-39. (State subsidy; how determined and paid.) When 
any general or city health district has been duly organized as pro- 
vided by this act and has employed for whole or part time service a 
health commissioner, the chairman of the board of health, or the 
principal executive officer of the department of health as the case may 
be shall semi-annually, on the first day of January and of July, certify 
such fact to the state commissioner of health, stating the salary paid 
such health commissioner, and to the public health nurse and clerk, 
if any, during the preceding six months. If such board of health or 
health department has complied with the orders and regulations of 
the state department of health and has truly and faithfully complied 
with the provisions of this act, the state commissioner of health shall 
endorse such facts on the certificate and shall transmit the certificate 
to the auditor of state, who shall thereupon draw a voucher on the 
treasurer of state to the order of the custodian of the funds of such 
health district, payable out of the general revenue fund, in amount 
equal to one-half of the amount paid by the district board of health 
or health department to such health commissioner, public health 
nurse, and clerk, during such semi-annual period. Provided, that if 
the amount paid by such district board of health or health department 
during any six months is in excess of two thousand dollars, the 
amount to be paid by the auditor of state shall be one thousand 
dollars and no more, and no payment shall be made unless the certif- 
icate of the district board of health or health department shall have 
been endorsed by the state commissioner of health as herein pro- 
vided. (108 v. Pt. 2, 1090.) 
Sec. 1261-40. (Annual budget; county auditor to apportion and 
hold funds; board of health to certify amount due from state; “dis- 
trict health fund;” health funds in combined districts.) The board' 
of health of a general health district shall annually, on or before the 
first Monday of April, estimate in itemized form the amounts needed 
for the current expenses of such district for the fiscal year beginning on the first day of January next ensuing. Such estimate shall be 
certified to the county auditor and by him submitted to the budget 
commissioners which may reduce any item or items in such estimate 
but may not increase any item or the aggregate of all items. The 
aggregate amount as fixed by the budget commissioners shall be 
apportioned by the county auditor among the townships and munic- 
ipalities composing the health district on the basis of taxable 
valuations in such townships and municipalities. The district board 
of health shall certify to the county auditor the amount due from the 
state as its share of the salaries of the district health commissioner 
and public health nurse and clerk, if employed, for the next fiscal year 
which shall be deducted from the total of such estimate before an 
apportionment is made. The county auditor, when making his semi- 
annual apportionment of funds shall retain at each such semi-annual 
apportionment one-half the amount so apportioned to each township 
and municipality. Such monies shall be placed in a separate fund, to 
be known as the “district health fund.” When a general health dis- 
trict is composed of townships and municipalities in two or more 
counties, the county auditor making the original apportionment shall 
certify to the auditor of each county concerned the amount appor- 
tioned to each township and municipality in such county. Each auditor 
shall withhold from the semi-annual apportionment to each such 
township or municipality the amount so certified, and shall pay the 
amounts so withheld to the custodian of the funds of the health dis- 
trict concerned, to be credited to the district health fund. Where any 
general health district has been united with a city health district 
located therein, the mayor of the city shall annually on or before 
the first day of June certify to the county auditor the total amount 
due for the ensuing fiscal year from the municipalities and townships 
in the district as provided in the contract between such city and the 
district advisory council of the original health district. The county 
auditor shall thereupon apportion the amount so certified to the 
townships and municipalities, and withhold the sums so apportioned 
as herein provided. (108 v. Pt. 2, 1091.) 
Sec. 1261-41. (Emergency funds for epidemics; how raised and 
expended; enforced by mandamus proceedings.) In case of epidemic 
or threatened epidemic or during the unusual prevalence of a dan- 
gerous communicable disease, if the moneys in the district health fund 
of a general health district are not sufficient, in the judgment of the 
board of health of such district, to defray the expenses necessary to 
prevent the spread of such disease, such board of health shall estimate 
the amount required for such purpose and apportion it among the 120 
townships and municipalities in which the condition herein described 
exists, on the basis provided for in section 25 (G. C. 1261-40) of this 
act. Such estimate and apportionment shall be certified to the county 
auditor of the proper county or counties, who shall draw an order 
on the clerk, auditor or other similar officer of each township or 
municipality affected thereby, for the amount to it apportioned. Such 
clerk, auditor or other similar officer shall forthwith draw his war- 
rant on the treasurer of such township or municipality for the amount 
of such certification, which shall be honored by the treasurer from 
any general treasury balances subject to his control, regardless of 
funds. The clerk, auditor or other similar officer shall thereupon set 
up an account to be designated “emergency health account,” showing 
a deficit therein, and certify the action taken to the trustees or coun- 
cil or other body having the power to borrow money. Thereupon the 
trustees or council or other similar body may exercise the powers 
provided for in sections 4450 (G. C. 2293-7) and 4451 of the General 
Code. Tax levies made for the purpose set forth in this section shall 
be subject to the provisions of section 5649-4 of the General Code. 
Moneys raised under the authority herein conferred shall be placed 
in the treasury of the borrowing subdivision and credited to the 
“emergency health account”, which shall thereupon be closed; so 
that the moneys taken from general cash balances shall be restored 
thereto and the regular funds of the subdivision shall be restored 
thereby. 
If there is not sufficient money in the general cash balances of 
such subdivisions to satisfy the warrant so drawn by the clerk, 
auditor or other similar officer, the treasurer thereof shall honor the 
same to the extent of the cash in such treasury and the balance shall 
be certified by the clerk, auditor or other officer and the treasurer, 
jointly, to the trustees, council or other borrowing authority, which 
shall immediately exercise the powers provided for in this section, 
to raise the amount of the warrant. The proceeds of such action 
shall be paid into the general cash balance in the treasury of the 
subdivision, and the balance due on the warrant shall then be paid. 
The warrants provided for in this section shall be drawn in 
favor of the county treasurer, as treasurer of the district health 
fund, and the proceeds shall go into such fund. A separate account 
shall be kept of expenditures under this section. If a greater amount 
is expended in any township or municipality than the amount drawn 
therefrom by action hereunder, the excess shall be charged against 
such subdivision at the next annual apportionment in addition to the 
amount apportionable to such subdivision under section 25 (G. C. 121 
1261-40) of this act. If the amount drawn under this section is not 
wholly expended in any subdivision, the unexpended remainder shall 
be credited to the next annual apportionment to such subdivision. 
Performance of the official duties by this section imposed on 
officers, boards and legislative bodies, may be enforced by mandamus 
on the relation of the district board of health, which is hereby given 
special capacity to sue in such action. In any such case the return 
day of the alternative writ shall not be more than three days after 
the filing of the petition. (108 v. Pt. 1, 245.) 
Sec. 1261-42. (Orders and regulations; how published; emer- 
gency orders and regulations.) The board of health of a general 
health district may make such orders and regulations as it deems 
necessary for its own government, for the public health, the pre- 
vention or restriction of disease, and the prevention, abatement or 
suppression of nuisances. All orders and regulations not for the gov- 
ernment of the board, but intended for the general public, shall be 
adopted, recorded and certified as are ordinances of municipalities 
and record thereof shall be given in all courts of the state the same 
force and effect as is given such ordinances, but the advertisements 
of such orders and regulations shall be by publication in one news- 
paper published and of general circulation within the general health 
district. Publication shall be made once a week for two consecutive 
weeks and such orders and regulations shall take effect and be in 
force ten days from date of first publication. Provided, however, that 
in cases of emergency caused by epidemics of contagious or infectious 
diseases, or conditions or events endangering the public health, such 
boards may declare such orders and regulations to be emergency 
measures, and such orders and regulations shall become immediately 
effective without such advertising, recording and certifying. (to8 v. 
Pt. 1, 246.) 
Sec. 1261-43. (Section or part not to be affected by invalidity of 
other section or part.) In case any section or sections or part of 
any section or sections of this act shall be found unconstitutional, 
the remainder of the act shall not thereby be invalidated, but shall 
remain in full force and effect. (108 v. Pt. 1, 247.) 
Sec. 1261-44. (System of registration of births, deaths, and 
other vital statistics established; location; duties of director of health, 
public health council and director of public works.) A state system/ 
of registration of births, deaths and other vital statistics is hereby 
established, which shall consist of a central division of vital statistics 
in the department of health and primary registration districts. The 122 
central division of vital statistics shall be maintained at the capital 
of the state. The director of health shall have charge of such system, 
enforce the provisions of this act and prepare and issue instructions 
necessary to secure its uniform observance. The public health coun- 
cil of the department of health is hereby authorized to adopt such 
regulations as it deems necessary to insure that this state shall have 
a complete and accurate registration of vital statistics. No system 
of registration of births, deaths and other vital statistics shall be 
maintained in any political subdivision of the state in conflict with 
this act. The director of public works shall provide the division of 
vital statistics with suitable cpiarters which shall be properly ecpiipped 
with fireproof vault and filing cases for the permanent preservation 
of all records made and received as provided by law or under regula- 
tions adopted by the public health council. (119 v. 116). 
Sec. 1261-45. (Methods, forms, blanks, etc., prescribed by direc- 
tor of health.) The director of health shall prescribe methods, forms 
and blanks and furnish necessary postage, forms and blanks for ob- 
taining registration of births, deaths and other vital statistics in each 
registration district, and for preserving the records of the central 
division, and no forms or blanks shall be used other than those pre- 
scribed by the director of health. (119 v. 117). 
Sec. 1261-46. (Registration districts.) The state shall be divided 
into registration districts as follows; Each city, each incorporated 
village, and all the area of each township which is not included in 
an incorporated municipality, shall constitute' a primary registration 
district, provided that the director of health may combine two or 
more primary registration districts, and may establish any state 
hospital, or other public institution, as a primary registration district. 
(119 v. 117). 
Sec. 1261-47. (Local registrars; deputy registrars; records, 
where kept.) In villages the village clerk, and in townships the town- 
ship clerk, shall be the local registrar. In cities the board of health 
of the city health district, on the recommendation of the health com- 
missioner, shall appoint the local registrar. When a state hospital or 
other public institution has been made a primary registration district, 
the superintendent, or other person in charge thereof, shall be the 
local registrar of such district. When two or more primary registra- 
tion districts have been combined into one district, the director of 
health shall designate the local registrar who is to act as registrar of 
the combined district. 
With the approval of the director of health each local registrar 
shall appoint a deputy registrar or deputy registrars who, in case 123 
of the absence, illness or disability of the local registrar, shall act in 
his stead. Acceptance of appointment as deputy registrar shall be in 
writing and shall be filed with the director of health. No funeral 
director or embalmer shall serve either as a local registrar or as a 
deputy registrar. 
In a city registration district all the records of vital statistics 
shall be kept in the office of the board of health of the city health 
district. In a general health district all the records of vital statistics 
shall be kept at the office of the board of health. (119 v. 117). 
Sec. 1261-48. (Local registrar to supply forms, instructions, 
etc.) The local registrar shall supply blank forms of certificates, 
stamped and addressed envelopes and instructions to such persons 
as require them, and shall require each certificate of birth, stillbirth 
or death, when presented for record, to be made out in accordance 
with law, the regulations adopted by the public health council, and 
the instructions of the director of health. If a certificate of birth, 
stillbirth or death is incomplete or unsatisfactory, the local registrar 
shall indicate the defects therein and withhold registering the certif- 
icate or issuing a burial permit until corrected. ((119 v. 118.) 
Sec. 1261-49. (Separate series for certificates; local record; dis- 
position of original certificates; copy of certificate filed with probate 
judge; fee.) The local registrar shall number consecutively the cer- 
tificates of birth, stillbirth and death, in three separate series, be- 
ginning with “number one” for the first birth, the first stillbirth, 
and the first death in each calendar year, and sign his name as local 
registrar in attest of the date of filing in his office. He shall make 
a complete and accurate copy of each birth, stillbirth, and death cer- 
tificate registered by him which shall be filed and permanently pre- 
served as the local record of such birth, stillbirth, or death. On or 
before the fifth day of each month, the local registrar shall transmit 
to the health commissioner having jurisdiction of the registration 
district all original certificates of births, stillbirths, and deaths re- 
ceived by him during the preceding month. The health commissioner 
shall, within five days, transmit all such original certificates to the 
department of health. The local registrar shall immediately notify 
the health commissioner of the receipt of a certificate of a death 
from any communicable disease. 
On the request of the probate judge of any county each local 
registrar within such county shall file with the probate court a copy 
of all certificates of births, stillbirths and deaths received by said 
local registrar. The copy of the certificate shall be made from the 
original certificate while in the possession of the local registrar. Upon receipt of such copies each probate judge shall make a record thereof 
as he shall determine, and from which he shall issue certificates of 
births and deaths to any person applying therefor. For filing such 
copy with the probate court each local registrar shall receive semi- 
annually from the county treasury, upon certificate of the probate 
judge, the sum of ten cents for each copy so filed. (119 v. 118). 
Sec. 1261-50. (Examination of certificates; permanent index; 
report to adjutant general and county recorders.) The department of 
health shall carefully examine the certificates received from local 
registrars and shall secure such further information as may be neces- 
sary to make each record complete and satisfactory. It shall arrange, 
bind and permanently preserve the certificates in a systematic manner 
and shall maintain a permanent index of all births, stillbirths, and 
deaths registered, which shall show the name of the child or deceased 
person, place and date of birth or death, number of certificate, and 
the volume in which it is contained. At intervals of not to exceed 
three months the department of health shall forward to the adjutant 
general of Ohio and the county recorders a summary of information 
concerning deceased veterans, including the name, date of birth, 
service, date of burial, place of burial, and location of grave. (119 
v. 118). 
Sec. 1261-51. (Fees; annual certification by director of health to 
county treasurers.) Each local registrar shall be entitled to a fee for 
each birth, stillbirth or death certihcate properly and completely 
made out and registered with him, correctly copied and forwarded by 
him to the health commissioner and the department of health in ac- 
cordance with the population of the primary registration district 
at the last federal census. The fee for each birth, stillbirth, or death 
certificate shall be as follows ; In primary registration districts over 
two hundred and fifty thousand, five cents; over one hundred and 
twenty-five thousand and less than two hundred and fifty thousand, 
fifteen cents; over fifty thousand and less than one hundred and 
twenty-five thousand, twenty cents; less than fifty thousand, twenty- 
five cents. The director of health shall annually certify to the treas- 
urers of the several counties the number of births, stillbirths and 
deaths registered from their respective counties with the name of the 
local registrars and the amounts due each at the rates fixed herein. 
Such amounts so certified shall be paid by the treasurer of the county 
in which the registration districts are located. No fees shall be 
charged or collected by registrars except as provided by this act. 
(119 v. 119). 125 
Sec. 1261-52. (Births, where registered; contents of certificate.) 
Each birth which occurs in this state shall be registered in the regis- 
tration district in which it occurs. The certificate of birth shall con- 
tain such items and information as may be required by the United 
States bureau of the census and such additional items and information 
as the public health council, by regulation, may prescribe. A child 
born to an unwed mother shall be registered by the surname of the 
mother. The attending physician or midwife shall file, within ten 
days after every birth, with the registrar of the district a certificate 
of birth giving all the particulars therein required. If there be no 
physician or midwife in attendance, the father or mother of the child, 
the householder, or the manager or superintendent of the public 
or private institution in which the birth occurred, shall immediately 
notify the local registrar of such birth having occurred. The local 
registrar shall within ten days secure such information from compe- 
tent informants which will enable him to file a birth certificate as 
herein provided. Birth certificates shall not be deemed invalid be- 
cause of delayed filing. (119 v. 119). 
Sec. I26i-52a. (Legitimation of illegitimate child, when; new 
certificate of birth; original certificate not public record.) When an 
illegitimate child has become a legitimate child, according to law, by 
the intermarriage of such mother with the natural father of the 
child and his acknowledgment of the child as his child, and docu- 
mentary evidence of such facts is submitted to the department of 
health in such form as the department may require, a new birth cer- 
tificate shall be issued by the department which shall be the same 
As the certificate which would have been issued hereunder if such 
marriage had occurred before the birth of such child. The original 
certificate of birth shall cease to be a public record and shall be sub- 
ject to inspection only upon court order. (120 v. S. 153. Efif. Septem- 
ber 16, 1943). 
Sec. 1261-53. (Birth certificate for foundling child.) Whoever 
finds a living infant of unknown parentage shall immediately report 
such finding to the local registrar of the registration district in which 
the child is found, on a prescribed form which shall state; (a) Date 
of finding; (b) place of finding; (c) sex of child; (d) color or race of 
the child; (e) approximate age of the child; and (f) name and ad- 
dress of the person or institution with whom the child has been placed 
for care. The place where the child was found shall be known as the 
place of birth, and the date of birth shall be determined by approxi- 
mation. 
The person, superintendent, or manager of the institution, with whom a foundling child is placed for care, shall give such child a name 
within ten days and shall promptly report the name given to the local 
registrar of the registration district in which the child was found. 
The foundling report shall constitute the certificate of birth for such 
foundling child and the provisions of this act relating to certificates 
of birth shall apply in the same manner and with the same effect to 
such report. If a foundling child shall later be identified and a regu- 
lar certificate of birth be found or obtained the foundling report shall 
be attached to the certificate of birth by the department of health. 
(119 v. 119). 
Sec. 1261-54. (Supplemental report for given name.) When a 
certificate of birth of a living child is presented without a given name, 
the local registrar shall make out and deliver to the parent of the 
child a blank for the supplemental report of such given name, which 
shall be filled out as directed, and returned to the local registrar 
as soon as the child shall have been named. If the supplemental 
report is not returned within a reasonable time, the local registrar 
shall investigate the cause of delay. (119 v. 120). 
Sec. 1261-55. (Decree of adoption; decree and certificate not 
open to inspection.) A certified copy of each decree of adoption shall 
be sent by the court having jurisdiction to the department of health. 
Such decree of adoption shall be accompanied by a certified copy of 
the original certificate of birth of the child adopted. The decree of 
adoption and the certified copy of the certificate of birth shall be 
properly indexed and filed by the department of health and shall not 
be open to inspection or be copied except upon request of the adopting 
parents, the adopted child, or upon order of a court of competent 
jurisdiction. A certification of birth containing the name, by adoption, 
sex, color, date of birth and place of birth of the child shall be issued 
upon request. When such certification of birth is properly authen- 
ticated by a person authorized to issue the same, it shall be prima 
facie evidence in all courts and places of the facts herein stated. A fee 
of twenty-five cents shall accompany each application for a certifica- 
tion of birth. (119 v. 120). 
Sec. 1261-56. (Certificate to be recorded in district where 
mother has legal residence; monthly report by director of health.) 
When a woman who is a legal resident of this state has given birth 
to a child outside the state, the birth of such child may be recorded 
in the registration district where she has a legal residence by filing 
with the local registrar a certified copy of the certificate of birth of 
record where the child was born. Where the birth occurred in a 
foreign country, the certified copy of the certificate of birth shall be attested by a United States consul. If the birth occurred in a state 
or territory of the United States, or in a foreign country, not provided 
with a system of registration of vital statistics, a birth certificate may 
be filed in the department of health on evidence satisfactory to the 
director of health. 
Where a birth occurs outside of the county of the residence of 
the mother and where a death occurs outside of the county of the 
residence of the deceased, the director of health shall transmit within 
thirty days after the close of each month a copy of the record of such 
birth or death to the health commissioner of the county of residence 
of the mother or of the deceased, as the case may be. (119 v. 120). 
Sec. 1261-57. (Registration of unrecorded birth; correction of 
birth record.) Whoever claims to have been born in the state of Ohio 
and whose registration of birth is not recorded, or has been lost or 
destroyed, or has not been properly and accurately recorded, may 
fde an application for registration of his birth, or correction of his 
birth record, in the probate court of the county of his birth, the county 
of his residence, or the county in which his mother resided at the 
time of his birth. 
(a) An application to correct a birth record shall set forth all 
of the available facts required on a certificate of birth and the reasons 
for making said application, and shall be duly verified by the applicant. 
Upon the filing of such application the court, in its discretion, may 
fix a date for hearing thereon which date shall not be less than seven 
days after the filing date. The court in its discretion may require one 
publication of notice of the hearing in a newspaper of general cir- 
culation in the county at least seven days prior to the date of the 
hearing. Said application shall be supported by the affidavit of the 
physician in attendance, if available; if such affidavit is not available 
the application shall be supported by the affidavits of at least two 
persons having knowledge of the facts stated therein, or by docu- 
mentary evidence, or such other evidence as the court may deem 
sufficient. If the probate judge is satisfied that the facts are as stated, 
he shall make an order correcting such birth record. If the birth 
of the applicant is incorrectly recorded in an office other than the 
probate court in which the application is filed, the probate judge shall 
transmit a certified copy of the order to such office, where it shall 
be filed and recorded in the same manner as other birth records ; a 
cross-reference shall be made on the original and on the corrected 
record. 
(b) An application of a person whose registration of birth is 
not recorded, or has been lost or destroyed, must comply with all of 128 
the requirements of subdivision (a) of this section. Upon the filing 
of such application the court, in its discretion, may fix a date for 
hearing thereon which date shall not be less than seven days after 
the filing date. The court in its discretion may require one publica- 
tion of notice of the hearing in a newspaper of general circulation 
in the county at least seven days prior to the date of the hearing. 
The probate judge, or a special master commissioner, shall personally 
examine the applicant in open court and shall take sworn testimony 
on said application which shall include the testimony of at least two 
credible witnesses, or clear and convincing documentary evidence. 
The probate court may conduct such investigation as it deems neces- 
sary, and shall permit the applicant and all witnesses presented to be 
cross examined by any interested person, or by the prosecuting at- 
torney of the county. When a witness or the applicant is unable to 
appear in open court, the court may authorize the taking of his de- 
position as provided by law. The court in its discretion may cause a 
complete record to be taken of the hearing, and shall file the same 
with the other papers in the case, and in its discretion may order the 
transcript of the testimony to be filed and made a matter of record in 
said court. Upon being satisfied that notice of the hearing on said 
application has been given by publication as hereinabove set forth, 
if required, and upon being convinced that the claim of the applicant is 
true, the court shall make a finding upon all the facts required on a 
certificate of birth, and shall order the registration of the birth of said 
applicant. The court shall forthwith transmit to the state director of 
health a summary duly certified of the finding and order of the court, 
on a form prescribed by the state director of health, who shall file 
it in the records of the central division. 
(c) The state director of health may forward a copy of the order 
of the court correcting a birth record on file in his office, or a copy 
of such summary for the registration of a birth in his office, to the 
appropriate local registrar. 
A certified copy of the birth record so corrected or registered by 
court order as provided herein, shall have the same legal effect for all 
purposes as a certificate of an original birth record. 
The application, affidavits, findings and orders of the court, to- 
gether with a transcript of the testimony if ordered by the court, for 
the correction of a birth record or for the registration of a birth, 
shall be recorded in a book kept for that purpose and shall be properly 
indexed; such book shall become a part of the records of the probate 
court. 
An application to correct a birth record shall be accompanied 
by a filing fee of $2.00, and an application for registration of a birth shall be accompanied by a filing fee of $3.00. All costs in connection 
with such applications and any hearings thereon shall be assessed 
against the applicant. (119 v. 121.) 
Sec. 1261-58. (Certificate of stillbirth; burial permit; “stillbirth” 
defined.) A stillborn child, or one dead at birth, shall be registered 
on a standard certificate of stillbirth. The certificate of stillbirth 
shall contain such items and information as may be required by the 
United States bureau of the census and such additional items and 
information as the public health council by regulation ma'y prescribe. 
A stillbirth which occurs in Ohio shall not be interred, deposited in 
a vault or tomb, cremated, or otherwise disposed of until a burial 
permit shall have been issued by the local registrar of the regis- 
tration district in which the stillbirth occurs, or the body is found. 
For the purposes of this act a stillbirth is an infant of at least four 
and one-half months of uterogestation whose sex can be determined, 
which after complete expulsion does not give evidence of heart 
action, breathing, or movement of voluntary muscles. The depart- 
ment of health and the local registrar shall keep a separate record, 
file, and index of certificates of stillbirth. (119 v. 122.) 
Sec. 1261-59. (Burial permit.) The body of a person whose death 
occurs in Ohio shall not be interred, deposited in a vault or tomb, 
cremated, or otherwise disposed of. until a burial permit shall have 
been issued by the local registrar of the registration district in which 
the death occurs. No such burial permit shall be issued by the local 
registrar until a satisfactory certificate of death or stillbirth has been 
filed with him. Provided, however, in cases where death has occurred 
from a communicable disease, the body shall not be removed until 
written permission has been secured from the health commissioner 
of the health district in which the death occurred. In cases where 
death has resulted from violence or external cause the body shall 
not be removed without the consent of the coroner. A body removed 
from this state shall be accompanied by a burial and transit permit 
issued in accordance with this act. (119 v. 123.) 
Sec. 1261-60. (Burial or removal permit and transit permit.) 
When a death occurs outside the state and the body is transported 
into a registration district in this state for burial or other disposition, 
the body must be accompanied by a burial or removal permit and a 
transit permit issued in accordance with the laws and health regu- 
lations of the place where death occurred. The local registrar shall 
issue a burial permit as provided for in this act, and when this burial 
permit is returned to the local registrar by the sexton or other person 
in charge of any premises in which the interment or other disposition 130 
is made, it shall be filed with the burial or removal permit and 
transit permit which accompanied the body. (119 v. 123.) 
Sec. 1261-61. (Certificate of death.) The certificate of death 
shall contain such items and information as may be required by the 
United States Bureau of the census, such additional items and infor- 
mation as the public health council, by regulation, may prescribe, 
including a statement of the service, if any, of the deceased in the 
armed services of the United States, the date of entry into service, 
the date of honorable discharge from such service, and information 
to show the name and location of the cemetery where the deceased 
was buried, and the location, lot and grave number pertaining thereto. 
If the body is to be disposed of in any other manner than by burial, 
such manner and place shall be stated. (119 v. 123.) 
Sec. 1261-62. (Statement of facts, certificates, etc., by whom 
signed.) The personal and statistical particulars in the certificate of 
death or stillbirth shall be signed by the informant, who may be 
any competent person acquainted with the facts. The statement of 
facts relating to the disposition of the body and information relative 
to the armed services referred to in the preceding section shall be 
signed by the funeral director. The medical certificate of death shall 
be made and signed by the physician who attended the deceased or by 
the coroner. If there is reason to believe that the death was caused 
by unlawful or suspicious means the funeral director shall refer the 
case to the coroner who shall hold an inquest as provided by law on 
the body of the deceased person and make the medical certificate 
of death or stillbirth required for a burial permit. (119 v. 123.) 
Sec. 1261-63. (Burial permit required; endorsement on permit; 
record to be kept by sexton.) No sexton, or person in charge of any 
premises in which interments or cremations are made shall inter or 
cremate, or permit the interment, cremation, or other disposition of 
a body, unless it is accompanied by a burial permit, as herein provided. 
Each sexton, or person in charge of a cemetery, crematory, or other 
place of disposal, shall indorse upon the burial permit the date of 
interment, cremation, or other disposal and sign his name thereto. 
All burial permits so indorsed shall be returned to the local registrar 
issuing the same, within ten days from the date of interment, or other 
disposal. The sexton, or person in charge, shall keep an accurate 
record of all internments, cremations, or other disposal of dead bodies, 
made in the premises under his charge, stating the name of the 
deceased person, place of death, date of burial, cremation, or other 
disposal, and name and address of the funeral director. Such record 
shall at all times be open to public inspection. (119 v. 124.) Sec. 1261-64. (Certificates to be printed or typewritten.) All 
certificates, either of birth, stillbirth or death, shall be printed legibly 
or typewritten, in unfading ink, and signed. A signature required on 
a birth, stillbirth or death certificate shall be written by the person 
required to sign. A facsimile signature shall not be used. (119 v. 124.) 
Sec. 1261-65. (Amended certificates.) Whenever it is alleged 
that the facts stated in any certificate of birth, stillbirth or death 
filed in the department of health are not true, the director of health 
shall require satisfactory evidence to be presented in the form of 
affidavits or otherwise as he may deem necessary to establish the 
alleged facts. When so established, the original record shall be 
supplemented by attaching thereto the amended certificate. 
The amended certificate of birth and stillbirth shall be signed 
by the person who made the original report, or by either of the 
parents of the child, or shall be established by the sworn statement 
of any other person having personal knowledge of the matters sought 
to be corrected. 
The amended certificate of death shall be signed by the physician 
or coroner, funeral director and informants whose names appear on 
the original certificate or shall be established by the sworn statement 
of any other person having personal knowledge of the matters sought 
to be corrected. Funeral directors and informants shall not have 
authority to correct or amend the causes or duration of causes of 
death. The director of health may refuse to accept an amended cer- 
tificate which appears to be submitted for the purpose of falsifying 
the record. A certified copy issued by the department of health shall 
show the information as originally given and the corrected data. 
(119 v. 124.) 
Sec. 1261-66. (Certified copy of original certificate; fee; certifi- 
cation of birth; fee; certificates, etc., issued without charge, when.) 
The director of health, or person authorized by him, shall upon 
request and upon the payment of a fee of fifty cents supply to any 
applicant a certified copy of the original certificate of any birth, 
death, or stillbirth, registered according to law. Unless a certified 
copy of an original certificate of birth is specifically requested, the 
director of health or person authorized by him, or any local registrar 
of vital statistics, or local commissioner of health, or the probate 
judge, shall upon request and upon the payment of a fee of twenty- 
five cents, issue a certification of birth which shall contain only the 
name, sex, color, date of birth and place of birth of the person to 
whom it relates and further shall attest the fact that such person’s 
birth has been registered according to law. Such certification of birth shall be prima facie evidence in all courts and places of the 
facts therein stated. For a search of the files and records when no 
certified copy is made, or certification of birth issued, the director 
of health, or person authorized to act for him, shall receive a fee 
of fifty cents from the applicant for each hour or fractional part of 
an hour required for such search. The United States bureau of the 
census, the United States social security board, and other federal 
agencies may obtain, without expense to the state, transcripts of, or 
information from, birth, stillbirth and death certificates without pay- 
ment of fees herein prescribed. The director of health shall keep a 
correct account of all fees received by the department of health under 
the provisions of this act and shall pay the same into the state treas- 
ury as provided by law. 
The local registrar shall, upon request, supply to any applicant 
an exact copy of any record of birth, death, or stillbirth, which he 
may have in his possession, for which he may receive a fee of fifty 
cents from the applicant. Provided, however, that where the local 
registrar is a regular salaried employee of a city health district, said 
fee shall go to the general fund of the city. (119 v. 125.) 
Sec. 1261-66a. (Transcripts of certificates.) The industrial com- 
mission of Ohio may obtain without cost to the state, transcripts of, 
or information from, birth and death certificates without payment of 
the fees herein prescribed. (119 v. 565.) 
Sec. 1261-67. (Removal of local or deputy registrar; appeal; 
appointment.) A local registrar or deputy registrar who fails to dis- 
charge the duties of his office shall forthwith be removed from his 
office by the director of health. Any person so removed shall have 
the right to appeal to the public health council. When a township 
clerk or village clerk is removed from the office of local registrar, 
the director of health may appoint a person to serve as local registrar 
for the balance of the term of office of said clerk. (119 v. 125.) 
Sec. 1261-68. (Violation of provisions, regulations, etc.; pen- 
alty.) Whoever violates any provision of this act or any regulation 
adopted by the public health council under authority granted therein, 
or fails, neglects or refuses to do and perform any duty required of 
him, or shall wilfully and knowingly make a false statement in a 
certificate, report or statement required by this act, or shall wilfully 
alter any such certificate except in the manner provided in this act, 
or shall refuse to furnish any information in his possession, or shall 
wilfully furnish false information, or fail or refuse to comply with 
any instructions of the director of health with respect to the regis- 
tration of vital statistics, shall be fined not less than five dollars nor more than one hundred dollars or imprisoned for a period of not to 
exceed ninety days, or both. The penalties herein provided shall 
be in addition to those provided in section 12842 of the General Code 
of Ohio, (119 v. 125.) 
Sec. 1335-7. (Board may refuse to grant, may suspend or revoke 
license, when; notice; hearing; penalty for violation.) The board 
may refuse to grant, may suspend, or may revoke any license granted 
to a person in accordance with the provisions of the administrative 
procedure act and for any of the following reasons: 
(a) If the applicant therefor or holder thereof obtained said 
license by fraud or misrepresentation either in the application for 
said license or in passing the examination therefor; 
(b) If the applicant therefor or holder thereof has been convicted 
of a felony or crime involving moral turpitude; 
(c) If the applicant therefor or holder thereof has been guilty 
of wilfully violating any section of this act or any rule or regulation 
of the state, district, or local board of health governing the disposition 
of dead human bodies; 
(d) If the applicant therefor or holder thereof has been guilty 
of immoral or unprofessional conduct; 
(e) If the applicant therefor or holder thereof knowingly permits 
an unlicensed person to engage in the profession or business of 
embalming or funeral directing under his supervision; 
(f) If the applicant therefor or holder thereof has been guilty 
of habitual drunkenness or is addicted to the use of morphine, 
cocaine or other habit forming drugs; 
(g) If the applicant therefor or holder thereof has been guilty of 
refusing to promptly submit the custody of a dead human body upon 
the expressed order of the person legally entitled to such body; 
(h) The loaning, borrowing or using the license of another or 
the knowingly aiding or abetting in any way the granting of an im- 
proper license. 
No person shall engage in the profession or business of em- 
balming or funeral directing as defined in this act unless he is duly 
licensed as an embalmer or funeral director within the meaning of 
this act, and any person who shall engage in either business or pro- 
fession or both without having first complied with the provisions of 
this act shall be guilty of a misdemeanor and upon conviction thereof 
in any court of competent jurisdiction shall be fined not less than fifty 
($50.00) dollars nor more than two hundred and fifty ($250.00) dol- 
lars. (120 v. S. 36. Efif. September 3, 1943.) 
Sec. 1344. (License necessary to practice embalming; penalty for violation of law.) No person shall embalm, either by arterial or 
cavity treatment or prepare for burial, cremation or transportation 
any dead human body unless he or she is a duly licensed embalmer 
within the meaning of this chapter. Any person who shall practice 
in this state the science of embalming, either by arterial or cavity 
treatment of any dead human body, or prepare for burial, cremation 
or transportation any dead human body, without having complied 
with the provisions of this act, shall be guilty of a misdemeanor, and 
upon conviction thereof in any court of competent jurisdiction, shall 
be fined not less than forty dollars nor more than seventy-five dollars 
for the first ofifense, and for the second and each repeated offense 
shall be fined not less than fifty dollars nor more than one hundred 
dollars, or imprisoned for six months or both, at the discretion of 
the court. All such fines shall be paid into the common school fund. 
(107 v. 659.) 
Sec. i359-33a. (Health services for dependent children.) Subject 
to the regulations of the state department of public welfare, the 
county administration shall have the power to provide the necessary 
medical, surgical, dental, optical or mental examination and corrective 
or preventive treatment for any family receiving aid under this act. 
The county administration for aid to dependent children may 
include in the annual budget an estimate of the health needs of the 
persons eligible for assistance. The compensation of the persons 
performing the health services herein indicated and other expenses 
incident to such examinations and treatments shall be paid by the 
county treasurer upon the warrant of the county auditor from the 
special funds set aside for aid to dependent children. (119 v. 665.) 
Sec. 1465-53. (Classification of occupations or industries.) The 
industrial commission of Ohio shall classify occupations or industries 
with respect to their degree of hazard, and determine the risks of the 
different classes and fix the rates of premium of the risks of the same, 
based upon the total payroll in each of said classes of occupation 
or industry sufficiently large to provide an adequate fund for the 
compensation provided for in this act, and to maintain a state insur- 
ance fund from year to year, provided, however, that where the 
payroll cannot be obtained or, in the opinion of the commission, is 
not an adequate measure for determining the premium to be paid 
for the degree of hazard, the commission may determine the rates 
of premium upon such other basis, consistent with insurance prin- 
ciples, as shall be equitable in view of the degree of hazard, and 
whenever in this sub-chapter reference is made to payroll or expendi- 
ture of wages with reference to fixing premiums such reference shall be construed to have been made also to such other basis for fixing 
the rates of premium as the commission may in the foregoing 
instances determine. (120 v. S. 159. Eff. June 15, 1943.) 
Sec. I465~53a. (Rates of premium; rating system.) The indus- 
trial commission of Ohio shall classify occupations or industries with 
respect to their degree of hazard and determine the risks of the 
different classes and fix the rates of premium of the risks of the 
same based upon the total payroll in each of said classes of occupation 
and industry which rates shall in the case of each classification pro- 
duce a premium of at least two cents per hundred dollars of the 
agffreffate payroll of each such classificatipn and the total premium 
so produced from all occupations and industries shall be no greater 
than an amount sufficient to provide an adequate fund for the com- 
pensation provided by law on account of occupational disease, and 
maintain a state occupational disease fund from year to year. 
The industrial commission of Ohio shall have the power to apply 
that form of rating system which, in its judgment, is best calculated 
to merit or individually rate the risk most equitably, predicated upon 
the basis qf its individual occupational disease experience after 
January 1, 1942, and to encourage and stimulate the prevention of 
occupational diseases ; shall develop fixed and equitable rules controll- 
ing the same, which rules, however, shall conserve to each risk the 
basic principles of workmen’s compensation insurance, (119 v. 565.) 
Sec. I465~68a. (Compensation of disabled employes or depend- 
ents; compensable occupational diseases; schedule; silicosis referees.) 
Every employe who is disabled because of the contraction of an 
occupational disease as herein defined, or the dependent of an 
employe whose death is caused by an occupational disease as herein 
defined, shall be entitled to the compensation provided by sections 
1465-78 to 1465-82, inclusive, and section 1465-89 of the General Code, 
subject to the modifications hereinafter mentioned. 
The following diseases shall be considered occupational diseases 
and compensable as such, when contracted by an employe in the 
course of his employment in which such employe was engaged at any 
time within twelve months previous to the date of his disablement 
and due to the nature of any process described herein. SCHEDULE 
Description of disease 
or injury Description of process 
1. Anthrax Handling of wool, hair, bristles, hides 
and skins. 
2. Glanders Care of any equine animal suffering from 
glanders; handling carcass of such 
animal. 
3. Lead poisoning Any industrial process involving the use 
of lead or its preparation or com- 
pounds. 
4. Mercury poisoning Any industrial process involving the use 
of mercury or its preparation or com- 
pounds. 
5. Phosphorus poisoning Any industrial process involving the use 
of phosphorus or its preparations or 
compounds. 
G. Arsenic poisoning Any industrial process involving the use 
of arsenic or its preparations or 
compounds. 
7. Poisoning by benzol or by nitro and 
amido-derivatives of benzol (dinitro- 
benzol, anilin and others) Any industrial process involving the use 
of benzol or nitro- or amido-derivative 
of benzol or its preparations or com- 
pounds. 
8. Poisoning by gasoline, benzine, naph- 
tha, or other volatile petroleum 
products Any industrial process involving the use 
of gasoline, benzine, naphtha, or other 
volatile petroleum products. 
9. Poisoning by carbon bisulphide Any industrial process involving the use 
of carbon bisulphide or its preparations 
or compounds. 
10. Poisoning by wood alcohol Any industrial process involving the use 
of wood alcohol or its preparations. 
11. Infection or inflammation of the skin 
on contact surfaces due to oils, cut- 
ting compounds or lubricants, dust, 
liquids, fumes, gases or vapors Any industrial process involving the 
handling or use of oils, cutting com- 
pounds or lubricants, or involving con- 
tact with dust, liquids, fumes, gases or 
vapors. 
12. Epithelioma cancer or ulceration of 
the skin or of the corneal surface of 
the eye due to carbon, pitch, tar or 
tarry compounds Handling or industrial use of carbon, 
pitch or tarry compounds. 137 
Description of disease 
or injury Description of process 
13. Compressed air illness Any industrial process carried on in 
compressed air. 
14. Carbon dioxide poisoning Any process involving the evolution or 
resulting in the escape of carbon 
dioxide. 
15. Brass or zinc poisoning Any process involving the manufacture, 
founding or refining of brass or the 
melting or smelting of zinc. 
16. Manganese dioxide poisoning Any process involving the grinding or 
milling of manganese dioxide or the 
escape of manganese dioxide dust. 
17. Radium poisoning Any industrial process involving the use 
of radium and other radio active sub- 
stances, in luminous paint. 
18. Tenosynovitis and prepatellar bursitis Primary tenosynovitis characterized by a 
passive effusion or crepitus into the 
tendon sheath of the flexor or extensor 
muscles of the hand, due to frequently 
repetitive motions or vibrations, or 
prepatellar bursitis due to continued 
pressure. 
19. Chrome ulceration of the skin or 
nasal passages Any industrial process involving the use 
of or direct contact with chromic acid 
or bichromates of ammonium, potas- 
sium or sodium or their preparations. 
20. Potassium cyanide poisoning Any industrial process involving the use 
of or direct contact with potassium 
cyanide. 
21. Sulphur dioxide poisoning Any industrial process in which sulphur 
dioxide gas is evolved by the expan- 
sion of liquid sulphur dioxide. 
22. Silicosis (Silicosis shall mean a disease of the 
lungs caused by breathing silica dust 
(silicon dioxide) producing fibrous 
nodules, distributed through the lungs 
and demonstrated by x-ray examina- 
tion or by autopsy.) 
Nothing in this act shall entitle an employe or his dependents 
to compensation, medical treatment, or payment of funeral expenses 
for disability or death from silicosis, unless the employe has been 
subject to injurious exposure to silica dust (silicon dioxide) in his 
employment in Ohio preceding his disablement, for periods amounting 
in all to at least three years, some portion of which shall have been 
after the effective date of this act, except as provided in the last 
paragraph of section 1465-80, General Code. 
Compensation, medical, hospital and nursing expenses on account 138 
of silicosis shall be payable only in the event of temporary total 
disability, permanent total disability, or death, in accordance with 
the provisions of sections 1465-79, 1465-81 and 1465-82 of the General 
Code, and only in the event of such disability or death resulting 
within two years after the last injurious exposure; provided that in 
the event of death following continuous total disability commencing 
within two years after the last injurious exposure, the requirement 
of death within two years after the last injurious exposure shall 
not apply. 
Claims for compensation on account of silicosis shall be forever 
barred unless application shall have been made to the industrial 
commission within one year after total disability began or within 
six months after death. 
Nothing in this act shall entitle an employee or his dependents 
to compensation, medical, hospital and nursing expenses or payment 
of funeral expenses for disability or death due to silicosis in the 
event of the failure or omission on the part of the employe truthfully 
to state, when seeking employment, the place, duration and nature of 
previous employment in answer to an inquiry made by the employer. 
The industrial commission shall appoint three referees to be 
known as “silicosis referees” who shall be licensed physicians in good 
professional standing who have by special duty, or experience, or 
both, acquired special knowledge of pulmonary diseases and at least 
one of said physicians shall be a roentgenologist. Before awarding 
compensation for disability or death due to silicosis, the industrial 
commission shall refer the claim to the silicosis referees for exam- 
ination and recommendation with regard to the diagnosis, the extent 
of disability and other medical questions connected with the claim. 
An employe shall submit to such examinations, including clinical and 
x-ray examinations, as the commission may require. The commission 
may designate a duly licensed physician, a pathologist, or such other 
specialists as may be deemed necessary, to make an autopsy exam- 
ination and tests to determine the cause of death and certify written 
findings to the silicosis referees. In the event that an employe 
refuses to submit to examinations, including clinical and x-ray exam- 
inations, after notice from the commission, or in the event that a 
claimant for compensation for death due to silicosis fails to produce 
necessary consents and permits, after notice from the commission, 
so that such autopsy examination and tests may be performed, then 
all rights for compensation shall thereupon be forfeited. The reason- 
able compensation of said silicosis referees and of such specialists 
and the expenses of examinations and tests shall be paid, if the claim 139 
is allowed, as part of the expenses of the claim, and otherwise from 
the surplus fund. 
23. All other occupational diseases (A disease peculiar to a particular indus- 
trial process, trade or occupation and 
to which an employe is not ordinarily 
subjected or exposed outside of or 
away from his employment.) 
All conditions, restrictions, limitations and other provisions of 
this section, with reference to the payment of compensation or bene- 
fits on account of silicosis, shall be applicable to the payment of 
compensation or benefits on account of any other occupational disease 
of the respiratory tract resulting from injurious exposure to dusts. 
(120 v. S. 159. Eff. June 15, 1943.) 
Sec. 1465-68(1. (Medical boards of review; physicians, how 
selected; powers; fees and expenses; application for review; finding.) 
The dean of the medical school of Ohio state university, the director 
of the department of health and the industrial commission are hereby 
constituted as an appointing body and empowered to select and 
establish a list of licensed physicians in good professional standing, 
who may or may not be residents of the state of Ohio, whom said 
appointing body shall find to have acquired expert knowledge of 
occupational diseases by training and experience and to be sufficient 
in number for the discharge of the duties hereinafter provided. In 
the actions of said appointing body the industrial commission shall 
have one vote and said dean and said director shall each have one 
vote. Said appointing body shall certify to the industrial commission 
the names of the persons selected for registration on said list of 
physicians, from which list shall be selected physicians to serve on 
the medical boards of review as provided in this section; and the 
commission shall thereupon notify such persons of their appointments 
and upon their respective acceptance of such appointments such 
appointees shall be registered on said list of physicians. 
In the exercise' of their duties, the members of the medical 
boards of review as herein provided shall have all of the powers 
accorded to referees by section iq65-47a and may require performance 
of all things which may be required by the provisions of this section. 
The fees to be paid to a member of the medical board of review and 
the expenses which shall be allowed to them shall be such as may be 
provided by the industrial commission and approved by the aforesaid 
appointing body. The fees of the members of the medical board of 
review shall be paid from the occupational disease fund. The costs 
and expenses incurred in the performance of any duty of the medical 140 
board of review or any member thereof in respecf of any claim shall 
be paid as a part of the expense of the claim if the claim is allowed 
and otherwise from the general occupational disease fund. 
Any claimant who is not satisfied with the order of the industrial 
commission in an occupational disease claim may file an application 
for review within thirty days after receiving notice of said order. 
Upon the filing of such application for review, the aforesaid appoint- 
ing body shall select three physicians from said list of physicians 
and such three physicians shall constitute a medical board of review 
to hear and pass upon the medical questions involved in said claim, 
and if a majority of such board shall find in favor of the claimant on 
the medical questions, such findings shall be binding upon the indus- 
trial commission. 
In case an application for review is filed in a claim which has 
not been referred to the silicosis referees and which is based upon 
the alleged contracting of silicosis or any other occupational disease 
of the respiratory tract resulting from injurious exposure to dust, the 
industrial commission shall refer the claim to such referees and their 
recommendation shall be transmitted to the medical board of review. 
(119 v. 568.) 
Sec. i465-72a. (Claims barred after two years; notice posted by 
employers.) In all cases of injury or death, claims for compensation 
shall be forever barred, unless, within two years after the injury or 
death, written application shall have been made to the industrial 
commission of Ohio or, in the event the employer has elected to pay 
compensation direct written notice of injury shall have been given 
to the industrial commission or compensation shall have been paid 
under sections 1465-79, 1465-80, 1465-81 within two years after the 
injury or written notice of death shall have been given to the indus- 
trial commission or benefits shall have been paid under section 1465- 
82 within two years after the death. 
The industrial commission of Ohio shall provide printed notices 
quoting in full the last preceding paragraph and each and every 
employer who is authorized to pay compensation direct to injured 
employees or dependents of killed employees shall be required to post 
and maintain at all times one or more of such notices in conspicuous 
places in the workshop or places of employment. (119 v. 569.) 
Sec. 1465-72b. (Claims for compensation in cases of occupa- 
tional diseases.) In all cases of occupational disease, or death result- 
ing from occupational disease, claims for compensation shall be 
forever barred, unless, within four months after the disability due to 
the disease began, or within six months after death occurred, appli- cation shall be made to the industrial commission of Ohio, or to the 
employer in the event such employer has elected to pay compensation 
direct, except in such cases as are provided for in section 1465-82, 
subdivision 4, General Code. (117 v. 475.) 
Sec. 1465-893. (Employment of superintendent, experts, engi- 
neers, and other employes; payment of salaries of superintendent and 
other employes; how provided; annual report; superintendent; quali- 
fications.) The industrial commission of Ohio having, by virtue of 
the provisions of section 35 of article II of the constitution of Ohio, 
the expenditure of the fund therein created for the investigation and 
prevention of industrial accidents and diseases, shall, in the exercise 
of such authority and in the performance of such duty, employ a 
superintendent and such experts, engineers, investigators, clerks and 
stenographers as, in its opinion, may be deemed necessary and proper 
for the efficient operation of a bureau for the prevention of indus- 
trial accidents and diseases, hereby created, and, subject to the ap- 
proval of the governor, fix the schedule of compensation for such 
employes. 
The commission shall set aside such portion of the contributions 
paid by employers, not to exceed one per centum thereof in any year, 
as in its judgment may be necessary for the payment of the salaries 
of such superintendent and the compensation of the other employes 
of such bureau, and the expenses of such investigations and researches 
for the prevention of industrial accidents and diseases, as the com- 
mission shall deem proper. The superintendent, under the direction 
of the commission, shall conduct investigations and researches for 
the prevention of industrial accidents and diseases, and shall, from 
time to time, print and distribute such information as may be of 
benefit to employers and employes. The salary of the superintendent 
and the compensation of the other employes of such bureau, the 
expenses necessary or incidental to such investigations and researches 
for the prevention of industrial accidents and diseases, and the cost 
of printing and distributing such information, shall be paid by the 
commission from such prevention fund. 
The superintendent, under the direction of the commission, shall 
prepare an annual report, addressed to the governor, of the expend- 
iture of such fund, the purposes for which such expenditures have 
been made, and the results of such investigations and researches. 
The superintendent of the bureau for the prevention of industrial 
accidents and diseases shall be a competent person with at least five 
years’ experience in industrial accident or disease prevention work. 
Such superintendent and experts and technical assistants in such 142 
bureau, who are designated as such by the industrial commission at 
the time of their employment, shall be in the unclassified civil service 
of the state, and shall hold office during the pleasure of the com- 
mission. 
The powers and duties herein devolved and imposed upon the 
industrial commission shall be exercised independently and without 
regard to the department of industrial relations, (m v. 218.) 
Sec. iqbs-qqa. (Report by physician to commission within 48 
hours.) Every physician in this state attending on or called in to 
visit a patient whom he believes to be suffering from an occupational 
disease as defined in this act shall, within forty-eight hours from 
the time of making such diagnosis, send to the industrial commission 
of Ohio a report stating: (a) name, address and occupation of patient; 
(b) name and address of business in which employed; (c) nature of 
disease; (d) name and address of employer of patient; (e) such other 
information as may be reasonably required by the industrial com- 
mission of Ohio. 
(Blank forms for report.) The reports herein required shall be 
made on blanks to be furnished by the industrial commission of Ohio. 
The mailing of the report within the time stated in a stamped envel- 
ope addressed to the office of the industrial commission of Ohio shall 
be a compliance with this section. 
Reports made under this section shall not be evidence of the facts 
therein stated in any action arising out of a disease therein reported. 
(Copy of report sent to employer.) It shall be the duty of the 
industrial commission of Ohio within twenty-four hours after the 
receipt of such report to send a copy thereof to the employer of the 
patient named in the report. 
(Penalty for neglect or failure of physician to make report.) 
Whoever being a physician practicing in the state of Ohio neglects 
or refuses to make and transmit to the industrial commission of 
Ohio the report provided for in this section shall be fined not to 
exceed one hundred dollars or imprisoned for not to exceed ninety 
days, or both, but no person shall be imprisoned under this section 
for a first offense, and the prosecution shall always be as and for a 
first offense unless the affidavit upon which the prosecution is insti- 
tuted contains the allegation that the offense is a second or repeated 
offense. The industrial commission of Ohio is directed to enforce the 
penal provisions of this section. (109 v. 187.) 
Sec. 1465-100. (Attorney general or prosecuting attorney shall 
institute and prosecute actions and defend suits against the board.) 143 
Upon the request of the board, the attorney general, or under his 
direction, the prosecuting attorney of any county shall institute and 
prosecute the necessary actions or proceedings for the enforcement 
of any of the provisions of this act, or for the recovery of any money 
due the state insurance fund, or any penalty herein provided for, 
arising within the county in which he was elected, and shall defend 
in like manner all suits, actions or proceedings brought against the 
board or the members thereof in their official capacity. (103 v. 91.) 
Sec. 1815-13. (Support of patients at state sanatorium; investi- 
gation by department of public welfare.) It shall be the duty of the 
department of public welfare to make collections for the support of 
patients at the Ohio state sanatorium. When the superintendent of 
the Ohio state sanatorium shall report to the department of public 
welfare that an applicant for admission to or an inmate of that insti- 
tution or any person legally responsible for his support is not finan- 
cially able to pay the minimum amount fixed by section 2068 of the 
General Code, it shall be the duty of the department of public welfare 
by its authorized agents to make a thorough investigation as is pro- 
vided by law for such investigations in other institutions. (120 v. H. 
383. Eff. August 25, 1943.) 
Sec. 1815-14. (Department of public welfare to determine what 
part, if any, of expense to be paid by patient; county expense paid 
from poor fund.) If after the investigation provided in the next pre- 
ceding section it shall be found that an applicant for admission to or 
inmate of the Ohio state sanatorium or any person legally responsible 
for his support is unable to pay the minimum amount fixed by law, 
said department of public welfare shall determine what amount, if 
any, said applicant or inmate or any person legally responsible for 
his support shall pay. The difference between the amount so deter- 
mined and the minimum amount fixed by section 2068 of the General 
Code shall be paid by the county in which said applicant or patient 
has a legal residence. The amount so determined to be paid by the 
county shall be paid from the poor fund on the order of the county 
commissioners. (120 v. H. 383. Eff. August 25, 1943.) 
Sec. 1815-15. (Support of patients.) No county that is main- 
taining a county tuberculosis hospital or has joined in the erection 
or maintenance of a district tuberculosis hospital or has contracted 
with the proper authorities of a county, district or municipal tuber- 
culosis hospital for the care and treatment of residents of that county 
suffering from tuberculosis shall be compelled to support patients in 
the Ohio state sanatorium, but the county commissioners of any such county may agree to support or aid in the support of a resident of 
that county in the Ohio state sanatorium. (106 v. 559.) 
Sec. 1816. (State sanatorium to pay expense, when; certified 
to county auditor for payment.) In case of failure of patients of the 
Ohio state sanatorium or their responsible relatives or guardian to 
pay incidental expenses, or furnish necessary clothing, which expense 
is not included in the sanatorium fee prescribed by section 2068 of 
the General Code, the chief clerk or other financial officer of the 
institution may pay such expenses, and furnish the requisite clothing, 
and pay therefor from the appropriation for the current expenses of 
the institution, keeping and reporting a separate account thereof. 
The account so drawn signed by such officer, countersigned by the 
superintendent shall be forwarded by such officer to the auditor of 
the county, from which the person came; and such auditor shall issue 
his warrant, payable to the treasurer of state for the amount of such 
bill. (120 v. H. 383. Eff. August 25, 1943.) 
Sec. 1841. (Admission and discharge of patients. The board 
shall have power to regulate the admission and discharge of the 
pupils and inmates in said several institutions, as provided by law. 
Provided, that subject to the approval of the Ohio board of adminis- 
tration, the admission and discharge of patients in the Ohio state 
sanatorium shall be governed by rules and regulations adopted by 
the state board of health. (106 v. 558.) 
Sec. 1850. (Cooperation of department and institutions in mak- 
ing tests.) The secretary of agriculture, the state board of health, 
and the Ohio State University respectively, shall co-operate with the 
board and managing officer of each institution in making such co-op- 
erative tests as are necessary to determine the quality, strength and 
purity of supplies, of the value and use of farm lands, or condition 
and needs of mechanical equipment. (107 v. 490.) 
Sec. 189020. (License required for private hospitals, etc.; 
license granted, when; revocation of license; notice; hearing.) Except 
as otherwise provided, no hospital, home or institution, privately 
owned or operated, will be permitted to receive for care or treatment 
either at public or private expense, any person who is or appears to 
be mentally ill whether or not so adjudicated unless such private 
hospital, home or institution shall have received a license from the 
division of mental diseases authorizing such private institution to 
receive for care or treatment persons who are mentally ill. 
The division may annually license a private hospital, home or 
institution, established or used for the care or treatment of persons mentally ill. No such license shall be granted to a hospital, home or 
institution for the treatment of the mentally ill unless the division is 
satisfied, after investigation, that such hospital, home or institution 
used for the treatment of the mentally ill has on its staff a duly 
qualified physician, who is responsible for the medical care of the 
patients confined therein. Such physician shall have had at least three 
years practical experience in the treatment of persons mentally ill, 
and his standing, character and professional knowledge shall meet 
the standards prescribed by the division. No license shall be granted 
to any private hospital, home or institution established or used for 
the care of persons mentally ill unless such hospital, home or insti- 
tution shall have met the standards fixed by the division of mental 
diseases. Licenses granted hereunder shall be for one year from date 
of issue, but may be renewed. The division may fix reasonable fees 
for said license and for renewals thereof. Such institutions, homes or 
hospitals, licensed hereunder shall be subject to inspection, and 
visitation by said division at any time. 
It is the intent and purpose of this- section to require all private 
homes, hospitals or institutions attempting to or giving care or 
treatment to the mentally ill, to have a license therefor from 
the division of mental diseases whether the patient is in such private 
place at either public or private expense. 
Except as otherwise provided in this chapter, neither the com- 
missioner, an employee of the division, the probate judge, nor any 
other public official shall commit to or place any mentally ill person 
in any private hospital, home or institution for either care or treat- 
ment, that is not licensed in accordance with this section. 
Any license issued by the division as provided in this section 
may be revoked at any time by the division for any of the following 
reasons: 
ist. That the licensee is no longer a suitable place for the care 
or treatment of the mentally ill. 
2nd. That the licensee refuses to be subject to general super- 
vision, inspection or visitation by said division at all times. 
3rd. That the licensee has failed to continue and maintain the 
required standards upon which said license was issued. Any person, 
persons, firm, partnership or corporation operating a private hospital, 
home or institution for the care or treatment of the mentally ill 
which is aggrieved by any action refusing an application for license 
or renewal thereof, or suspending or revoking a license, or otherwise, 
may appeal in accordance with the provisions of the administrative 
procedure act. (120 v. S. 36, Eff. September 3, 1943.) 146 
Sec. 1890-24. (Warrant of detention.) When such affidavit is 
filed the probate judge shall issue a warrant of detention to any 
police officer, or member or employee of any county, municipal or 
township board of health, or to any suitable person commanding him 
to take such person to the place designated by the probate judge in 
said warrant of detention. The officer or person authorized to serve 
said warrant of detention may call upon any person near to aid and 
assist in the serving of said warrant. Each of said persons so called 
refusing to render immediate assistance, or any person interfering 
with or obstructing the service of said warrant or detention there- 
under shall be fined not more than fifty dollars. 
The officer or person serving the warrant of detention shall 
forthwith make proper return of the service thereof and in no case 
later than the first law after its service. 
The person so apprehended shall be detained at the place desig- 
nated in the warrant until the time of hearing, unless the probate 
judge orders otherwise. The probate judge may make any order for 
the detention of such person until hearing that he deems advisable, 
having in mind the welfare of the person and the protection of 
society. 
When a mentally ill person is detained in the county jail either 
on a warrant or without a warrant, the county commissioners shall 
provide proper facilities in the jail for the care of such persons as 
shall meet the approval of the division of mental diseases so that 
such persons may be kept completely separate and apart from persons 
accused of crime. Facilities for such detention or for care before or 
after commitment by the probate court may be provided by the 
county commissioners either at or in connection with the county 
home. (119 v. 622.) 
Sec. 1890-26. (Detention without warrant.) Any member of the 
family of a person believed to be mentally ill, or any police officer, 
or member or employee of any county, municipal or township board 
of health may, without the warrant provided for in section 1890-24 
of this chapter detain any person whom he has reasonable cause to 
believe to be mentally ill, and who is violent or dangerous, or has 
suicidal or homicidal tendencies, and without unnecessary delay take 
the person detained to a receiving hospital, if available, and if the 
patient’s condition will permit his care in such a hospital; and if a 
receiving hospital is not available then to a county, city or village 
jail. If such person is taken to jail an affidavit must be filed or caused 
to be filed in the probate court by the apprehending officer or the 
officer in charge of the jail the next succeeding law day. When a 147 
person mentally ill is apprehended without a warrant and placed in 
jail, he shall forthwith be examined by a physician and shall be 
furnished medical care and nursing at the expense of the village or 
city as long as he remains an inmate of such village or city jail and 
at the expense of the county as long as he is an inmate of the county 
jail and until the liability of the state of Ohio to maintain and care 
for such person begins. 
A person so detained may be held by the superintendent of a 
receiving hospital or a sheriff, without a warrant, for a reasonable 
period of time, not exceeding five days. Such person may be detained 
in a village or city jail for a period of not to exceed twelve hours 
within which period of time * and said person must be transferred to a 
receiving hospital, if available, and if a receiving hospital is not 
available, to the county jail. Such person shall be received by the 
superintendent of the receiving hospital if there are facilities for his 
accommodation therein, otherwise he must be detained in the county 
jail or at such other suitable place of detention as may be fegally 
provided by the county commissioners. 
All persons acting in good faith either upon actual knowledge 
or information thought by them to be reliable in executing the affi- 
davit provided for in section 1890-23 of this chapter, or who appre- 
hends and detains or assists in apprehending and detaining any 
person without a warrant under the provisions of this chapter, shall 
be free from any and all liability to the person detained or any other 
person or persons by reason of such arrest, imprisonment or re- 
straint. It being the intention to expedite all matters pertaining to 
the treatment of persons alleged to be mentally ill and to protect all 
persons acting in good faith from liability for damages in so doing. 
(119 v. 623.) 
* So in enrolled bill. 
Sec. 2054. (Name and purpose.) Such sanatorium shall be 
known and designated as the Ohio state sanatorium and shall be 
maintained for the treatment of persons residents of this state 
suffering from incipient pulmonary tuberculosis, and persons under 
twelve years of age suffering from tuberculosis in any of its forms 
or predisposed thereto, and shall be an experimental school of instruc- 
tion for the ultimate purpose of discovering and disseminating 
throughout the state the best means for the treatment of patients 
afflicted with tuberculosis, (m v. 60.) 
Sec. 2055. (Admissions; apportionment by counties.) The ad- 
mission of patients to the sanatorium must be limited to those in 
the incipient stage of the disease, and they shall be apportioned 
among the several counties of the state in proportion to population 148 
as shown by the next preceding federal census, but at all times each 
county shall be entitled to at least one patient therein. The state 
board of health shall prescribe how such patients may be selected 
and admitted from the several counties. (97 v. 559.) 
Sec. 2068. (Who entitled to admission; payment for support.) 
Any citizen of this state suffering from pulmonary tuberculosis in 
the incipient or early stage and any citizen of this state under twelve 
years of age who has tuberculosis in any of its forms or who is pre- 
disposed thereto, as determined by the superintendent, may be ad- 
mitted to the sanatorium upon payment in advance of a sum to be 
fixed by the superintendent, said sum to be not less than five dollars 
nor more than twenty-five dollars each week, according to the finan- 
cial condition and ability to pay of the person applying for admit- 
tance or any other person legally liable for the care and support of 
said applicant. Said sum, so fixed, shall fully cover all expenses for 
medical treatment, medicine, nursing, board, lodging and laundry. 
The superintendent shall make such investigation as is necessary 
to determine such financial condition and ability to pay, and may at 
any time increase or decrease the amount within the limits herein 
prescribed upon the approval of the department of public welfare. 
Payment for the support of patients in the sanatorium shall be made 
in accordance with the provisions of sections 1815-13, 1815-14 and 
1815-15 of the General Code, (m v. 61.) 
Sec. 2o68-i. (Care, treatment and education of children.) Pro- 
visions may be made for the care and treatment of children in a 
building or buildings separate and apart from the buildings used 
for adult patients. The superintendent shall provide for the educa- 
tion of children of school age admitted to the sanatorium. The 
instruction so provided shall be directed by and be under the super- 
vision of the county superintendent of schools in cooperation with 
the superintendent. The expense of such instruction shall be paid 
from the appropriations for the sanatorium, and the director of 
public welfare shall include in his budget such amounts as may be 
required to cover such expense, (m v. 61.) 
Sec. 2069. (Probation period.) All patients admitted to the 
sanatorium shall be received upon probation for a period of four 
weeks. If at the end of this time they are by the superintendent, 
deemed suitable cases for sanatorium treatment, they shall be regu- 
larly admitted, and if not, be discharged. The superintendent, with 
the approval of the trustees, may provide suitable out-door employ- 
ment for patients and allow such compensation for work done as 
they deem proper, not to exceed five dollars per week, in any case 149 
to be deducted from the weekly charge for residence in the sana 
torium. (99 v. 236.) 
Sec. 2070. (Out-door labor.) The trustees may provide for the 
production of milk and eggs upon the sanatorium farm, and such 
vegetables and other products as they deem advisable, having regard, 
so far as practicable, to furnishing light out-door labor to patients. 
They may erect buildings, employ labor, and make purchases as they 
deem necessary therefor, within appropriations provided by the 
legislature for such purposes. (99 v. 237.) 
Sec. 2071. (Gifts, legacies, etc.) The board of trustees may for 
the use of such institution receive gifts, legacies, contract endow- 
ments, demises and conveyances of property, real or personal, made, 
given or granted to them for the state sanatorium, or in its name, or 
in the name of said board. (99 v. 237.) 
Sec. 2072. (Disposition of receipts; monthly reports.) For the 
maintenance of the sanatorium the board of trustees may receive 
and expend all money paid to it by patients for treatment therein, 
or money received from other sources, but compensation for work 
done by patients in accordance with this chapter shall be paid from 
such moneys, if any part thereof is unexpended. The superintendent 
shall make monthly reports in detail to the auditor of state of all 
money received and expended under this provision. (99 v. 237.) 
Sec. 2293-7. (May borrow money in case of epidemic, threatened 
epidemic, special election, e;tc.) If it is determined by the tax com- 
mission of Ohio that funds are not otherwise available, the taxing 
authorities may borrow money and issue notes: 
(a) In case of epidemic or threatened epidemic, or during an 
unusual prevalence of a dangerous communicable disease, to defray 
those expenses which the local board of health deems necessary to 
prevent the spread of such disease. 
(b) In case of the destruction of any bridge, road, school or 
public building, by fire, flood, or extraordinary catastrophe, to pro- 
vide temporary facilities for bridge, road, school or building purposes. 
(c) In case of a special election called after the adoption of the 
annual appropriation measure, to defray the expenses of such election. 
Such notes shall mature one half on March first next following 
the next February tax settlement at which, in accordance with the 
ordinary budget procedure, a tax to pay such notes can be included 
in the budget and one half on the following September first, and a 
tax shall be levied to pay such notes, which tax shall be outside of all 
limitations of law. (113 v. 666). 150 
Sec. 2480. (Regulation of construcution, etc., of building in un- 
incorporated portion of county.) The board of county commissioners 
of any county, in addition to the powers already granted by law, may 
adopt, administer and enforce regulations pertaining to the erection, 
construction, repair, alteration and maintenance of residential build- 
ings within the unincorporated portion of any county. In no case 
shall said regulations go beyond the scope of regulating the safety, 
health and sanitary conditions of such residential buildings. 
Regulations adopted by resolution of the county commissioners 
shall not afifect existing buildings or those being built until one year 
after said regulations take effect. (119 v. 673). 
Sec. 2481. (Position of county building inspector established; 
duties of inspector.) For the purposes of administering and enforcing 
said regulations the county commissioners may create, establish, fill 
and fix the compensation of the position of county building inspector. 
Said position shall be deemed to be in the competitive classified serv- 
ice, and appointment, promotion and removal shall be governed by 
the state civil service statutes. In lieu of the creation of any such 
position, the county commissioners may assign the duties of the 
office to an existing county officer. The duties of such county build- 
ing inspector shall be the administration and enforcement of the 
building regulations as adopted by the county commissioners. 
The county commissioners may contract with any municipality in 
the county for the administration and enforcement of said building 
regulations and any municipality may contract with the county com- 
missioners for the administration and enforcement of the building 
regulations of said municipality. (119 v. 673). 
Sec. 2482. (Publication of building regulations.) Building regu- 
lations as adopted, amended or changed by said county commission- 
ers shall be published and made available to the public at the office 
of the county commissioners. (119 v. 674). 
Sec. 2483. (Unlawful construction may be enjoined; “farmer” 
defined.) It shall be unlawful to erect, construct, alter, repair or 
maintain any residential building* within the unincorporated portion 
of any county, wherein the county commissioners have enacted resi- 
dential building* regulations as provided in section 1 [G. C. 2480] of 
this act, unless said building regulations are fully complied with. In 
the event any residential building is being erected, constructed, altered, 
repaired or maintained in violation of the regulations adopted by 
resolution under the authority granted by this act, the county com- 
missioners, the prosecuting attorney or the county building inspector 
of such county or any adjacent, contiguous or neighboring property owner who would be especially damaged by such violation, in addi- 
tion to the remedies provided by law, may institute a suit for injunc- 
tion, abatement or other appropriate action to prevent such violation 
of the regulations relating to the erection, construction, alteration, re- 
pair or maintenance of such residential building. Provided, however, 
this act shall not apply to residential buildings owned, used or occu- 
pied by farmers. For the purpose of this act the term “farmer” in- 
cludes not only an individual who is primarily bona fide personally en- 
gaged in producing products of the soil, but also any individual who is 
primarily bona fide personally engaged in dairy farming, the pro- 
duction of poultry or livestock, or the production of poultry products 
or livestock products in their unmanufactured state, or the principal 
part of whose income is derived from any one or more of the fore- 
going operations and includes the personal representative of a de- 
ceased farmer. (119 v. 674). 
Sec. 2497. (Inspection by commissioners or board of health.) 
Each public or private hospital, reformatory home, house of detention, 
private asylum, reformatory and correctional institution shall be open 
at any and all times to the inspection of the commissioners of the 
county or the board of health of the township or other municipality, 
in which such institution is situated. (92 v. 212). 
Sec. 2498. (Semi-annual visit.) Each and every county commis- 
sioner shall visit, unannounced, at least once in every six months, each 
private or public hospital, reformatory home, house of detention, 
private asylum, or any institution exercising or pretending to exer- 
cise a reformatory or correctional influence over individuals, situated 
in his county, and note its sanitary condition, and the condition and 
treatment of the inmates thereof. (92 v. 212). 
Sec. 2499. (Report of investigation.) Such county commission- 
ers shall file with the prosecuting attorney of the county a full and 
complete report of the investigations of such institutions, which 
report shall be open to the examination of the public. (92 v. 212). 
Sec. 2500. (Application to health commissioner for antitoxin.) 
When a physician regularly authorized to practice medicine under 
the laws of this state, is called upon to treat a person sufifering from 
diphtheria who is in indigent circumstances, or a child sufifering from 
diphtheria whose parents are in indigent circumstances, and he is 
of the opinion that antitoxin should be administered to such person 
or child or to others who may have been exposed to the contagion 
of such disease, he may make application to any health commissioner 
w’ithin the county therefor. (109 v. 214). 152 
Sec. 2501. (When antitoxin shall be paid for by county.) When 
satisfied of the indigent circumstances of the persons to be treated, 
such health commissioner may certify the fact to the county com- 
missioners and immediately authorize the attending physician or any 
druggist to furnish such antitoxin for the persons so to be treated 
when such antitoxin is not available, as provided in section 1261-29 
of the General Code. The antitoxin so furnished shall be paid for 
upon the allowance of the county commissioners from the general 
fund of the county. (109 v. 214). 
Sec. 2511-1. (County department of welfare, when established 
and effective; county director of welfare, assistants, etc.; bonds.) 
The county commissioners of any county may by a resolution which 
has been unanimously adopted, establish a county department of wel- 
fare which, when so established, shall be governed by the provisions 
of this act. Such department shall function from and after the date 
fixed in such resolution, which date shall be not less than thirty days 
nor more than ninety days after the adoption of such resolution, but 
not before the first day of January, 1944. The county department 
of welfare shall consist of a county director of welfare appointed by 
the board of county commissioners, and such assistants and other 
employees as may be deemed necessary for the efficient performance 
of the welfare service of the county. Before entering upon the dis- 
charge of his duties, the county director of welfare shall give a bond 
conditioned for the faithful performance of his duties in such sum 
as shall be fixed by the county commissioners. The county director 
of welfare may require any assistant or employee under his jurisdic- 
tion to give a bond in such sum as may be determined by the county 
commissioners. All bonds given under this section shall be with a 
surety or bonding company authorized to do business in this state, 
conditioned for the faithful performance of the duties of such director, 
assistant or employee. The expense or premium for any bond re- 
quired by this section shall be paid from the appropriation for ad- 
ministrative expenses of the department. Such bond shall be de- 
posited with the county treasurer and kept in his office.’ (120 v. H. 
140. Efif. January 1, 1944). 
Sec. 2511-2. (Powers and duties of director; civil service status; 
residence requirement; coordination of operations.) Under the direc- 
tion of the board of county commissioners, the county director of 
welfare shall have full charge and control of the county department 
of welfare. He shall prepare the annual budget estimate of the de- 
partment and submit it to the board of county commissioners. Be- 
fore submitting the budget estimate to the county commissioners, the county director of welfare shall consider the recommendations 
of the welfare advisory board relative thereto, if there be such a 
board in the county. The director, with the approval of the board of 
county commissioners, shall appoint all necessary assistants, super- 
intendents of institutions, if any, under the jurisdiction of the de- 
partment, and all other employees of the department, excepting that 
the superintendent of each such institution shall appoint all em- 
ployees therein. The assistants and other employees of the county 
department of welfare shall be in the classified civil service, and may 
not be placed in or removed to the unclassified service. The 
county director of welfare and such assistants and other employees 
under civil service must be residents of the county in which they are 
appointed at the time of such appointment. If no eligible list is 
available, provisional appointments shall be made until such eligible 
list is available. 
The county commissioners, except as provided in this act, may 
provide by resolution for the coordination of the operations of the 
county department of welfare and those of any county institution 
whose board or managing officer is appointed by them. (120 v. H. 140. 
Eff. January 1, 1944). 
Sec. 2511-3. (Compensation of director, assistants and em- 
ployees.) The county department of welfare shall be subject to the 
county commissioners in regard to all provisions of the uniform tax 
levy law. The salary of the county director of welfare shall be 
fixed by the board of county commissioners. The compensation of all 
assistants and employees within or under the jurisdiction of the 
county department of welfare shall be fixed by the county director 
of welfare within the appropriation made by the board of county 
commissioners. No salary or compensation herein provided for shall 
be less than the minimum nor more than the maximum established by 
the state civil service commission for such positions. The state de- 
partment of public welfare shall cooperate with the civil service 
commission in establishing the classification and rates of compensa- 
tion of positions required for the administration of this act and the 
qualifications of persons to be employed in such positions. (120 v. H. 
140. Efif. January 1, 1944). 
Sec. 2511-4. (Powers and duties of department.) The county 
department of welfare shall have the following- powers and duties: 
(a) To be the “county administration” for all the purposes of 
sections 1359-31 to 1359-45, both inclusive, of the General Code as now 
existing or as hereafter amended or supplemented. 
(b) To administer aid to the needy blind as provided by sections 2965 to 2970, both inclusive, of the General Code, as now existing or 
as hereafter amended or supplemented. 
(c) To administer poor relief and burials in so far as the admin- 
istration of such relief and burials was heretofore imposed upon the 
board of county commissioners. 
(d) To cooperate with state and federal authorities in any mat- 
ter relating to public welfare and to act as the agent of such au- 
thorities if and to the extent and in the manner designated. 
(e) To submit an annual account of its work and expenses to 
the county commissioners and to the state department of public wel- 
fare at the close of each fiscal year. 
(f) To exercise such powers and duties relating to public wel- 
fare as may be imposed upon the department by law, by resolution 
of the county commissioners, or by order of the governor when au- 
thorized by law to meet emergencies during war or peace. The 
county commissioners shall have authority to designate the county 
department of welfare to exercise and perform any additional wel- 
fare powers and duties which the commissioners may have, except 
as provided in this act. (120 v. H. 140. Eft'. January 1, 1944). 
Sec. 2511-5. (Department may administer other state or local 
public welfare activities; agreement; revocation of agreement; pro- 
visions not applicable, when.) The county department of welfare 
shall also have authority to administer or assist in administering any 
other state or local public welfare activity supported wholly or in 
part by public funds from any source if and to the extent so pro- 
vided by agreement between the county commissioners and the officer, 
department, board or agency in which the administration of such 
activity is vested by law. Every such other officer, department, board 
or agency is hereby authorized to enter into such agreement and 
thereby to confer upon the county department of welfare to the ex- 
tent and in particulars therein specified, the performance of any or 
all duties and the exercise of any or all powers imposed upon or 
vested in such officer, board, department or agency by law, with re- 
spect to the administration of such activity. Such agreement shall 
be in the form of a resolution of the county commissioners accepted 
in writing by the other party thereto and filed in the office of the 
county auditor; and when so filed, shall have the effect of transferring 
the exercise of the powers and duties to which the same relates and 
shall exempt the other party from all further responsibility for the 
exercise of the powers and duties so transferred, during the life of 
the agreement. 
Such agreement may be revoked at the option of either party thereto by a resolution or order of the revoking party filed in the 
office of the county auditor. Such revocation shall become effective 
at the end of the fiscal year occurring at least six months following 
the filing of the resolution or order. In the absence of such an ex- 
press revocation so filed, such agreement shall continue indefinitely. 
The provisions of this act shall not be applicable to permit a 
county department of welfare to manage or control county or dis- 
trict tuberculosis or other hospitals, humane societies, detention 
homes, jails or probation departments of courts, or soldiers’ relie'f 
commissions. (120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-6. (Powers and duties of certain boards, etc., trans- 
ferred to county department of welfare.) All powers and duties con- 
ferred by this act upon the county department of welfare, and by 
law imposed upon or vested in any board, agency or department are 
hereby transferred to and vested in the county department of wel- 
fare, when established. (120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-7. (County welfare advisory board; membership; 
term; compensation.) The county commissioners of any county in 
which a county department of welfare shall have been established 
may appoint a county welfare advisory board of not less than five 
nor more than nine persons familiar with welfare problems, one of 
which members shall be the juvenile judge or the judge of the court 
exercising juvenile jurisdiction in the county. The remaining mem- 
bers shall be appointed by the board of county commissioners in such 
manner that the term of at least one member shall expire annually. 
Each person so appointed shall serve until his successor is appointed 
and qualified. Any vacancy shall be filled for the unexpired term in 
the same manner as an original appointment. Members of the county 
welfare advisory board shall serve as such without compensation. 
(120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-8. (Duties of county welfare advisory board.) The 
county welfare advisory board shall suggest rules and regulations to 
the county director of welfare with respect to the organization of 
the county department of welfare, and shall advise the county direc- 
tor of welfare and the board of county commissioners with respect 
to budget estimates, policies, and other problems of welfare activi- 
ties. (120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-9. (Civil service status of employes.) In so far as 
practicable, all employees now holding positions in the classified 
civil service, who have been appointed on the basis of a competitive 
examination and whose duties are transferred or may be transferred 156 
to the county department of welfare shall be utilized for duties of a 
similar character by the appointing authority before making other 
appointments, and nothing in this act shall be construed as affecting 
the civil service status of any such employee. When certified by a 
municipal civil service commission to the state civil service com- 
mission, employees in the municipal classified service who are or may 
be transferred to the county department of welfare shall be placed 
in the state classified service. Provided that nothing in this section 
shall be construed as compelling the appointment of more employees 
than are deemed necessary to properly perform the duties of the 
county department of welfare. (120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-10. (Moneys received deemed appropriated for pur- 
poses specified.) All moneys received by each county from the state, 
or from the federal government under the provisions of the social 
security act, or any act of congress of the United States, amendatory 
thereof or in substitution therefor, for aid to the blind, for aid to 
dependent children, or for any other welfare activity, shall be deemed 
appropriated for the purposes for which such moneys were received. 
(120 v. H. 140. Eff. January 1, 1944). 
Sec. 2511-11. (Property, records, etc., transferred to county de- 
partment of welfare.) All the property, records, files and other docu- 
ments and papers used in and necessary for the performance of the 
functions transferred pursuant to this act and belonging to or in the 
possession of any board, agency or department, the powers and duties 
of which are transferred to the county department of welfare, and 
the proceeds of all tax levies in process of collection for the use of 
such boards, agencies or departments shall be transferred to the 
county department of welfare, when established. At the time when 
the exercise of any powers and duties of any other board, agency or 
department are transferred to the county department of welfare, or 
to any other board, agency or department, all the property, records, 
files and other documents and papers, and the unexpended balances 
of all current appropriations, and the unappropriated proceeds of all 
tax levies then in process of collection for the use of such board, 
agency or department shall be deemed transferred to the board, 
agency or department to which such duties have been transferred. 
(120 v. H. 140. Eff. January 1, 1944). 
Sec. 2543. (Admission when afflicted with contagious disease.) 
When a child is an applicant for admission to the children’s home, 
and a regular practicing physician, upon examination, declares that 
such child is afflicted with a contagious or infectious disease and no 
means are provided at the children’s home for its separation from the other children, it shall be cared for by the superintendent of the 
infirmary until it becomes eligible to the children’s home. (102 v. 436). 
Sec. 2544. (Admission through township trustees.) In any 
county having an infirmary, when the trustees of a township or the 
proper officers of a corporation, after making the inquiry provided 
by law, are of the opinion that the person complained of is entitled 
to admission to the county infirmary, they shall forthwith transmit 
a statement of the facts to the superintendent of the infirmary, and 
if it appears that such person is legally settled in the township or 
has no legal settlement in this state, or that such settlement is un- 
known, and the superintendent of the infirmary is satisfied that such 
person should become a county charge he shall account such person 
as a county charge and shall receive and provide for him in such 
institution forthwith or as soon as his physical condition will so per- 
mit. The county shall not be liable for any relief furnished, or ex- 
penses incurred by the township trustees. (108 v. Pt. 1, 269). 
Sec. 2546. (Employment of physicians; quarterly report.) The 
county commissioners may contract with one or more competent 
physicians to furnish medical relief and medicines necessary for the 
inmates of the infirmary, but no contract shall extend beyond one 
year. Medical statistics shall be kept by said physician, who shall 
report same to the county commissioners quarterly showing the 
nature and extent of the services rendered, to whom, and the char- 
acter of the diseases treated. The commissioners may discharge any 
such physician for proper cause. No medical relief for persons in 
their homes shall be furnished by the county, except for persons who 
are not residents of the state or county for one year, or residents of 
a township or city for three months, and except under provisions of 
section 2544. (108 v. Pt. I, 269.) 
Sec. 2555. (Penalty for bringing indigent person into city, town- 
ship or county; conveyance out of the state.) Any person who pur- 
posely transports, removes or brings, or purposely causes to be trans- 
ported, removed, or brought, a poor or indigent person with knowl- 
edge of such poor or indigent condition into a city, township or 
county in this state without lawful authority, and there leaves such 
poor or indigent person, knowing that such city, township, or county 
will probably become chargeable with his support, shall be guilty of 
3 misdemeanor, and upon conviction thereof shall be fined not less 
than ten dollars nor more than one hundred dollars, or imprisoned in 
the county jail not more than thirty days, or both, and shall be 
obligated to convey such person out of the state. Such fine shall be 
for the use of the poor of the city, township or county in which the 158 
indigent person is left. The court shall require satisfactory security 
from such person that he will convey the destitute person out of the 
state within the time fixed by the court, or will indemnify the city, 
township or county for all charges and expenses incurred for the 
support or transportation of such destitute person. If such person 
refuses to give security when so required the court may commit him 
to jail for not more than thirty days. When a public official furnishes 
transportation to an indigent person, it shall be done only after 
investigation and satisfaction that such transportation will make it 
possible for such person to be cared for by responsible persons; and 
the transportation furnished shall be to the final destination in this 
state or elsewhere. (117 v. 806.) 
Sec. 2829. (Vacancy in office of coroner; acting coroner; ap- 
pointment; qualifications; fees; justice of peace may act in emer- 
gency.) When the office of coroner becomes vacant by death, resig- 
nation, expiration of the term of office or otherwise, the county 
commissioners shall appoint a suitable person to fill the vacancy. 
When, for thirty days or more, the coroner is to be absent from the 
county, is in military service, or unable from sickness or other causes 
to discharge the duties of his office, the county commissioners shall 
appoint a suitable person as acting coroner. Such appointees shall 
have the qualifications required of coroners and shall give bond and 
take the oath of office as prescribed for the coroner. When such 
person is temporarily acting in the capacity of coroner he shall receive 
the compensation equivalent to that allowed by law to coroners in 
such cases. The health commissioner of a general health district may 
be appointed as acting coroner when the coroner is temporarily 
absent from the county and in such capacity shall be entitled to the 
fees provided by law. 
When both the coroner and the acting coroner are absent from 
the county, or unable from sickness or other cause to discharge the 
duties of his office, a justice of the peace of the county shall have the 
powers and duties of the coroner to hold inquest in the presence of 
the county sheriff or deputy sheriff. When acting in the capacity of 
coroner, a justice of the peace may receive the fees allowed by law 
to coroners in such cases. (120 v. H. 150. Eff. August 27, 1943.) 
Sec. 3139. (Supervision of tuberculosis hospitals; approval of 
location and plans; formation of district.) The state department of 
health shall have general supervision of all sanatoria, hospitals and 
other institutions engaged in the maintenance, care and treatment of 
persons suffering from tuberculosis, and shall formulate and .enforce 
such rules and regulations for their government as it may deem 159 
necessary. By maintenance, care and treatment is meant proper 
housing and nutrition, the use of approved and modern medical and 
surgical methods of treatment, skilled nursing attention, and such 
educational and pre-vocational rehabilitation, or other services, as the 
medical superintendent of each tuberculosis institution may pre- 
scribe. The location, plans and estimates of cost for all municipal, 
county and district hospitals for tuberculosis, and additions thereto, 
shall be submitted to and shall be approved by the state department 
of health. The formation of a district for the purpose of providing 
a hospital for the care and treatment of tuberculosis, for additions 
thereto, or for withdrawals therefrom, shall be submitted to and be 
approved by the state department of health. (119 v. 721.) 
Sec. 3139-1. (Commissioners of two or more counties may es- 
tablish district tuberculosis hospital; procedure.) The commissioners 
of any two or more contiguous counties, not to exceed five, may, and 
upon the favorable vote of the electors thereof in the manner here- 
inafter provided, shall form themselves into a joint board for the 
purpose of constructing, equipping and maintaining a district hospital 
for the care and treatment of persons having tuberculosis, provided, 
that no county in which there is a municipal or county tuberculosis 
hospital shall be included in any such district. Provided, however, 
that districts now existing containing more than five counties may 
continue in existence under all the provisions of this act. If the 
boards of county commissioners fail to provide for the care of the 
tuberculous, two per cent of the electors of any proposed joint dis- 
trict may file a petition with the board of deputy state supervisors of 
elections of the most populous county in such proposed district, desig- 
nating the counties in such district. Such board shall at once certify 
such fact to the election boards of the counties comprising such pro- 
posed district and such proposition shall be placed on the ballot at 
the next special or general election occurring more than sixty days 
after the filing of such petition. If a majority of the electors voting 
on the proposition in each county of the proposed district vote in 
favor thereof, such district shall be established. After the establish- 
ment of such joint district, either by voluntary action of the com- 
missioners or as the result of such election, such joint board of 
county commissioners shall provide a site or the necessary funds for 
the purchase of a site, and also shall provide the necessary funds for 
the acquisition, erection and equipment of the necessary buildings 
thereon. Such expenses as may be incurred by the county commis- 
sioners in meeting with the commissioners of other counties for con- 
sideration of the proposal to establish a district tuberculosis hospital shall be paid from the general fund of the county. After the organi- 
zation of the joint board such expenses shall be paid from the fund 
provided for the erection and maintenance of such hospitals. (119 v. 
721.) 
Sec. 3139-2. (Facilities available to patienfs residing within and 
without the district.) The district hospital for tuberculosis shall be 
devoted to the care and treatment of those persons afflicted with 
tuberculosis who are residents of the district and who are in need of 
hospital care and treatment, provided that if facilities are available 
and not used by such residents, trustees of such hospital may contract 
for the care of patients from counties not included in the district. 
(119 v. 722.) 
Sec. 3139-3. (Management and control vested in board of trus- 
tees; appointment; term; removal; organization; meetings; annual 
report.) As soon as possible after organization, the joint board of 
county commissioners shall appoint a board of trustees in whom shall 
be vested the management and control of such district tuberculosis 
hospital, said board to consist of one member from each county in the 
district. Each trustee shall serve for a term of office equal to the 
number of counties in the district, provided, however, the term of 
office of the members first appointed shall be so fixed that the term 
of office of one member will expire each year. Annually thereafter, 
except to fill vacancies, the joint board of county commissioners shall 
appoint one member to the board of trustees upon the expiration of 
each term. A trustee shall hold his office until his successor has been 
appointed and has qualified. Any vacancy shall be filled by an appoint- 
ment in like manner for the unexpired term of the original appoint- 
ment. The joint board of county commissioners may remove any 
trustee for good and sufficient cause after a hearing upon written 
charges. As soon as the board of trustees has been appointed it shall 
meet and organize by electing one of its members as chairman and 
another member as chairman pro tern. Annually, thereafter, at the 
regular monthly meeting in January a chairman and chairman pro 
tern shall be elected. The board shall also select a secretary who shall 
serve during the pleasure of the board. Such board of trustees shall 
meet monthly, and at such other times as they deem necessary. On 
the third Monday of March in each year such board of trustees shall 
file with the joint board of county commissioners, and with the state 
department of health, an annual report of the operation of such dis- 
trict hospital, including a statement of all receipts and expenditures 
during the preceding calendar year. The trustees shall serve without compensation, but their necessary expenses when engaged in the 
business of the board shall be paid. (119 v. 722.) 
Sec. 3139-4. (Selection of site, plans, etc.; gifts, bequests, etc.) 
Subject to the provisions of this act, such board of trustees shall 
select a site, prepare plans and specifications and proceed to acquire 
or erect and equip the necessary buildings for a district tuberculosis 
hospital. In the selection and acquirement of a site for a district 
tuberculosis hospital the board of trustees shall have the same powers 
in the appropriation of lands as are conferred upon boards of county 
commissioners. They may receive and hold in trust for the use and 
benefit of such institution any grant or devise of land, and any dona- 
tion or bequest of money or other personal property that may be 
made for the establishment or support thereof. (119 v. 723.) 
Sec. 3139-5. (Apportionment of cost of construction, etc.; 
county commissioners may borrow money; interest; annual state- 
ment,) The first cost of the hospital, and the cost of all betterments, 
repairs and additions thereto, as determined by the board of trustees, 
shall be paid by the counties comprising- the district, in proportion to 
the taxable property of each county as shown by their respective 
duplicates. To meet the expense incurred in the purchase of a site or 
enlargement thereof, and for the erection and equipment of buildings, 
or for the purpose of enlarging, improving or rebuilding thereof, or 
for purchasing an interest in a district tuberculosis hospital, the 
commissioners may borrow such sum or sums of money as may be 
apportioned to the county, at a rate of interest not to exceed five per 
cent per annum, and issue and sell the bonds of the county to secure 
the payment of the principal and interest thereof. Such principal and 
interest shall be paid as provided in section 2293-8 of the General 
Code. A statement shall be prepared annually showing the per capita 
daily cost for the current expenses of maintaining such hospital, 
including the cost of ordinary repairs, and each county in the district 
shall pay its share of such cost as determined by the number of days 
the total number of patients from such county have spent in the hos- 
pital during the year, but any sums paid by the patients from such 
county for their treatment therein shall be deducted from this 
amount. The boards of county commissioners of counties jointly 
maintaining a district hospital for tuberculosis shall make annually 
an appropriation or otherwise provide sufficient funds to support, and 
to defray the necessary expense, of maintenance of such hospital. 
(119 v. 723.) 
Sec. 3139-6. (Taxes collected, when and where deposited; dis- 
bursement and use of funds; bond of trustees.) All taxes levied by 162 
the comity commissioners of any county under the provisions of sec- 
tion 6 [G. C. 3139-5] of this act shall, when collected, be paid over to 
the trustees of the district tuberculosis hospital upon the warrant of 
the county auditor, at the same time that school and township moneys 
are paid to the respective treasurers; and the board of trustees shall 
receipt therefor and deposit said funds to its credit in banks or trust 
companies to be designated by it and said banks or trust companies 
shall give to said board, a bond therefor in an amount at least equal 
to the amount as so aforesaid deposited; and thereupon said funds 
may be disbursed by said board of trustees for the uses and purposes 
of said district tuberculosis hospital, and accounted for as provided in 
the foregoing sections. Each trustee shall give bond for the faithful 
performance of his duties in such sum as may be fixed by the joint 
board of county commissioners. The expense of such bond shall be 
paid out of the fund for the maintenance of the hospital. The bond of 
each trustee, after having been approved by the joint board of county 
commissioners, shall be filed with the auditor of the county which he 
represents. (119 v, 724.) 
Sec. 3139-7. (Admission of additional counties to district; limi- 
tation; procedure for admission.) After a tuberculosis hospital has 
been established additional counties may be admitted to the district, 
but the total number of counties in any such district shall not exceed 
five. Such addition may be made on the recommendation of the board 
of trustess and by a majority vote of the joint board of county com- 
missioners. Before a county is admitted to the district the county 
commissioners of such county and the joint board of county commis- 
sioners shall agree upon the terms and conditions by which such 
county is to be admitted to the district. Such agreement shall be in 
writing and shall be entered in full in the minutes of the county 
commissioners and of the joint board. Any county so admitted to a 
district shall be represented by one member on the board of trustees 
and shall have the same powers, duties and obligations as a county 
joining the original district. (119 v. 724.) 
Sec. 3139-8. (Withdrawal of county from district; procedure.) 
Any county within a tuberculosis hospital district which desires to 
withdraw from said district may, with the consent of the state depart- 
ment of health, dispose of its interest in said district hospital by 
selling same to any county or counties in said district at a price fixed 
by a board of appraisers composed of the county auditors of the 
counties of the district and said auditors shall, upon application made 
to them by the board of county commissioners of any county which 
desires to so withdraw from the hospital district, constitute them- 163 
selves as such board of appraisers for determining the price to be 
paid said county for its interest. (119 v. 724.) 
Sec. 3139-9. (Equitable apportionment of expense for new site, 
hospital, etc.; petition; hearing.) Whenever, after any district tuber- 
culosis hospital has been destroyed or become inadequate for the 
needs of the district or has been established and operated for a con- 
tinuous period of five or more years, and the board of trustees of 
such hospital decides that a new site, a new hospital building or build- 
ings, betterments and additions to an existing building or buildings, 
or new equipment has or have become necessary, any county in the 
district may complain by proper petition to the court of common 
pleas of the county in which said district tuberculosis hospital is 
located, stating that it is unjust and inequitable that such complaining 
county should pay for the said expense incurred or to be incurred in 
proportion to its taxable property, as provided for in foregoing sec- 
tions of this act. In such petition the complaining county shall be the 
plaintiff and all other counties of said district shall be defendants, 
and each county shall be required to answer said petition within the 
ordinary answer day required in civil actions. Upon answer or in 
default thereof, the matter shall come up for hearing before said 
court of common pleas, and upon full hearing said court of common 
pleas may make such order of apportionment of said expense between 
the counties as may be just, proper and equitable, and thereupon 
such order shall be binding as between the counties, and in lieu of 
the apportionment prescribed by foregoing sections of this act. 
(119 v. 725-) 
Sec. 3139-10. (Appointment of medical superintendent, physi- 
cians, nurses, etc.; compensation; duties of superintendent; payment 
of cost of care and treatment of patients.) The board of trustees of 
a district tuberculosis hospital shall appoint a qualified physician as 
a medical superintendent, who shall not be removed except for cause. 
Said superintendent or a qualified medical assistant shall serve on a 
full time basis, except in such hospitals having less than fifty beds. 
Upon the recommendation of said medical superintendent, said board 
of trustees shall appoint other physicians and nurses for service 
within and without the hospital, and such other employees as may be 
necessary for the proper operation of the hospital. Such trustees 
shall fix the compensation of the medical superintendent, physicians, 
nurses and all other employees. Subject to the rules and regulations 
prescribed by the state department of health and the board of trus- 
tees, the medical superintendent shall have entire charge and control 
of the hospital. The medical superintendent shall investigate all applicants for admission to the hospital for tuberculosis and may 
require satisfactory proof that they have tuberculosis and are in need 
of hospital care. The board of trustees may require from any appli- 
cant admitted from the county or counties maintaining the hospital, 
payment not exceeding the actual cost of care and treatment, includ- 
ing the cost of transportation, if any. If, after investigation, it shall 
be found that any such applicant or patient or any person legally 
responsible for his support is unable to pay the full cost of his care 
and treatment in the district hospital, the board of trustees shall 
determine the amount, if any, said applicant, or patient or any such 
person legally responsible for his support, shall pay. The difference 
between such amount, if any, and the actual cost of care and treat- 
ment shall be paid by the county in which such applicant or patient 
has a legal residence. The amount so determined shall be paid on the 
order of the county commissioners. An accurate account shall be 
kept of moneys received from patients, or from other sources, which 
shall be applied toward the payment of maintaining the district tuber- 
culosis hospital. (119 v. 725.) 
Sec. 3139-11. (County tuberculosis hospital established, when 
and how; gifts, bequests, etc.) The county commissioners of any 
county having more than 50,000 population as shown by the last 
federal census may, with the consent of the state department of 
health, provide the necessary funds for the purchase of a site or sites 
and the erection and equipment of the necessary buildings thereon, 
for the operation and maintenance of one or more county hospitals 
for the care and treatment of persons suffering from tuberculosis, 
and for the purchase or lease of one or more municipal tuberculosis 
hospitals located in said county. The county commissioners main- 
taining a county tuberculosis hospital may receive for the use of such 
hospital, and in its name, gifts, legacies, devises and conveyances of 
real or personal property or money. (119 v. 726.) 
Sec. 3139-12. (Annual appropriation for maintenance; repairs.) 
In any county where a county hospital for tuberculosis has been 
purchased, leased or erected, such county hospital for tuberculosis 
shall be maintained by the county commissioners, and for the purpose 
of maintaining such hospital the county commissioners shall annually 
appropriate and set aside the sum necessary for such maintenance. 
Such sum shall not be used for any other purpose. When it shall 
become necessary to enlarge, repair or improve a county hospital for tuberculosis, the county commissioners shall proceed in the same 
manner as provided for other county buildings. (119 v. 726.) 
NOTE: Supplemental section 5625-loa, of the General Code, effective July 9, 
1941, authorizes the county commissioners to provide additional funds for tuberculosis 
hospitals by the levy of a special tax outside the ten mill tax limitation when 
sufficient funds cannot be appropriated from the county general fund. The levy may 
not exceed sixty-five hundredths of a mill and requires a majority vote of the electors. 
(119 v. 55.) 
Sec. 3139-13. (Management and control vested in board of trus- 
tees; appointment; powers; hospital funds disbursed by trustees; 
bond; annual report.) The management and control of such county 
tuberculosis hospital shall be vested in a board of trustees consisting 
of three members who shall be appointed by the county commis- 
sioners for a term of three years, provided that of the appointments 
first made, one shall be for one year, one for two years, and one for 
three years, and thereafter one shall be appointed annually on the 
first day of April for a term of three years. All vacancies shall be 
filled by the county commissioners for the unexpired term. Such 
board of trustees shall have all the powers conferred by law upon the 
board of trustees of a district hospital for the care of persons suffer- 
ing from tuberculosis. Provided that in hospitals of less than fifty 
beds the board of county commissioners may serve as a board of 
trustees. All laws applicable to the levy of taxes for the purchase, 
lease, erection, maintenance, betterments, repairs and operation of a 
district hospital shall apply to the leasing, erection, operation, main- 
tenance, betterments and repairs of said county hospital for the care 
and treatment of persons suffering from tuberculosis, and all taxes 
collected pursuant to levy made for such purpose, and all appropria- 
tions made for the maintenance and operation of such hospital may 
be paid over to the trustees of the county hospital and deposited and 
expended by them in the same manner as is provided by section 
3139-6, as to taxes levied and collected for the use of the trustees of 
a district hospital. The provisions of section 3139-6 requiring trustees 
of district hospitals to give bond for the faithful performance of their 
duties and providing the manner in which such bond shall be given, 
shall be applicable to trustees of a county hospital. An accurate 
account shall be kept of all moneys received from patients or from 
other sources, which shall be applied toward the payment of main- 
taining the tuberculosis hospital. The board of trustees shall, on the 
first Monday in February of each year, file with the county commis- 
sioners and with the state department of health an annual report of 
the operation of the county tuberculosis hospital including a state- 
ment of receipts and disbursements during the past calendar year. 
(120 v. S. 112. Efif. August 19, 1943.) 166 
Sec. 3139-14. (County joined in erection of district hospital may 
erect and maintain county tuberculosis hospital, when; issuance of 
bonds; repairs.) In any county having a population of 50,000 or over 
at the last federal census which has joined in the erection of a district 
tuberculosis hospital and if in such hospital there is not sufficient 
capacity to afford suitable accommodations for all cases of tubercu- 
losis that should be hospitalized, and if the trustees of such district 
tuberculosis hospital or the joint board of county commissioners fail 
or refuse to provide additional accommodations in such hospital, the 
county commissioners of such a county may, with the consent of the 
state department of health, erect and maintain a county tuberculosis 
hospital. The county commissioners may issue bonds for the purpose 
of constructing such county hospital and shall annually appropriate 
and set aside the funds necessary for its maintenance. Such funds 
shall not be used for any other purpose. When it shall become neces- 
sary to enlarge, repair, or improve any such county hospital for 
tuberculosis, the county commissioners shall proceed in the same 
manner as provided for other county buildings and subject to the 
provisions of section 1 (*), of this act. (119 v. 727.) 
(*) Section 1 is G. C. section 3139. 
Sec. 3139-15. (Use of funds; management and control of hos- 
pital.) When bonds have been authorized, or funds secured, for the 
purpose of erecting- or maintaining a county hospital for tuberculosis 
as provided for in section 15 (*) of this act, such funds may be used 
in purchasing the right, title and interest of any or all counties that 
may have joined in the erection and maintenance of a district hospital 
for the care and treatment of tuberculosis. The management and 
control of such tuberculosis hospital shall be vested in a board of 
trustees as provided for in section 14 (**) of this act. Such board of 
trustees shall have all the powers conferred by law upon the board of 
trustees of a district hospital for tuberculosis, and all laws applicable 
to the appointment of employees and to the levy of taxes for the 
erection, operation and maintenance of a district hospital for tuber- 
culosis, shall apply to said county hospital. (119 v. 727.) 
(*) Section 15 is G. C. section 3139-14. 
(**) Section 14 is G. C. section 3139-13. 
Sec. 3139-16. (Tuberculosis clinics.) The board of trustees of a 
district hospital for tuberculosis or the board of trustees of a county 
hospital for tuberculosis, may, with the consent of the state depart- 
ment of health, establish and maintain one or more tuberculosis 
clinics, and employ such persons as are necessary properly to operate 167 
same. Such clinics may be under the supervision of a city or general 
district board of health within the county. (119 v. 728.) 
Sec. 3139-17. (Employees may attend conferences, etc.; ex- 
penses.) The board of trustees or officer in charge of such hospital 
or clinic may authorize any employees of any municipal, county or 
district hospital for tuberculosis or of a tuberculosis clinic to attend 
conferences where the care, treatment or prevention of tuberculosis 
are subjects for consideration and which are of such nature as to add 
to the technical skill and knowledge of such employees. The neces- 
sary expenses incurred in attendance at such conferences shall be 
paid from the maintenance fund of such hospital or clinic. (119 v. 
728.) 
Sec. 3139-18. (County commissioners may contract for care, 
etc., of patients, when.) Where a county has not provided a county 
hospital for tuberculosis or has not joined in a tuberculosis hospital 
district, or where a county tuberculosis hospital is not sufficiently 
large to provide proper care for all patients who should be hos- 
pitalized, the county commissioners may contract with the board of 
trustees of a county or district tuberculosis hospital, or with the 
proper officer of a municipal tuberculosis hospital, for the care, treat- 
ment and maintenance of residents of the county who are suffering 
from tuberculosis. The commissioners of the county in which such 
patients reside shall pay to the board of trustees of such county 
or district hosptial, or into the proper fund of the municipality 
caring for such patients, the amount provided for in the contract. 
They shall also pay for the transportation of patients and attendants. 
The county commissioners of such county may also contract for the 
care and treatment of residents of the county suffering from tuber- 
culosis with a general hospital properly equipped both as to personnel 
and facilities for the care and treatment of the tuberculous, or with 
a person, firm, association or corporation operating a hospital exclu- 
sively for the care and treatment of the tuberculous; but no contract 
shall be made unless such general hospital or private hospital has 
been inspected and approved by the state department of health. Such 
approval may be withdrawn and such contract shall be cancelled, if, 
in the judgment of the state department of health, such general hos- 
pital or private hospital is not properly managed. If such approval is 
withdrawn, the person, firm, association, or corporation operating 
such institution shall have the right to appeal to the public health 
council for a decision. (119 v. 728.) 
Sec. 3139-19. (Tuberculosis clinics established, etc., by county 
commissioners, when; control and supervision.) In such counties as do not operate a county hospital for tuberculosis, or in such counties 
as have joined in the construction of a district tuberculosis 
hospital and in which district the joint board of county commissioners 
shall fail or refuse to maintain tuberculosis clinics as provided in 
section 17 (*) of this act, the county commissioners of any such 
county may establish and maintain one or more tuberculosis clinics 
in the county and may employ physicians, public health nurses and 
other persons for the operation of such clinics or other means pro- 
vided for the prevention, cure and treatment of tuberculosis and may 
provide by tax levies, or otherwise, the necessary funds for their 
establishment, maintenance, and operation. Clinics so established 
shall be under the control of the board of county commissioners and 
shall be supervised by a board of three trustees similar in all respects 
to and with all the powers enjoyed by a board of trustees of a county 
tuberculosis hospital; or by a city or general district board of health 
within the county as the board of county commissioners may desig- 
nate. (119 V. 728.) 
(*) Section 17 is G. C. section 3139-16. 
Sec. 3139-20. (Removal when menace to public, how made; 
notice to other state; expense of removal and maintenance, how 
paid.) The board of health, upon a proper presentation of the facts, 
and upon the recommendation of the health commissioner of a city or 
general health district, shall have authority to order removed to a 
municipal, county or district hospital for tuberculosis, any person 
suffering from pulmonary tuberculosis, when in its opinion such per- 
son is a menace to the public health, and cannot receive suitable care 
and treatment at home; provided, however, that such person shall 
have the right to remove from the state. Tf such person shall remove 
from the state it shall be the duty of the health commissioner to 
notify immediately the health authorities of the state to which re- 
moval was made. The expense of removal of such person to a tuber- 
culosis hospital and for his care, treatment and maintenance therein 
shall be paid by such person or by those legally responsible for the 
cost of his care, treatment and maintenance. The expense of removal, 
care, treatment and maintenance shall be paid by the county in which 
he has legal residence, if such person is unable to provide therefor. 
(120 v. H. 151. Eff. August 20, 1943.) 
Sec. 3139-21. (Tubercular cases may not be kept in county 
home; removal; expense.) No person suffering from active tuber- 
culosis shall be kept in any county home. Whenever complaint is 
made that a person is being kept or maintained in any county home in 169 
violation of the requirements of this section, the state department of 
health shall make arrangements for the care, treatment and main- 
tenance of such person in a tuberculosis hospital which has been 
approved by the state department of health. The cost of removal of 
such person to, and the cost of care, treatment and maintenance of 
such person in such hospital or institution shall become a legal charge 
against, and shall be paid by the county in which such person has a 
legal residence. If such person is not a legal resident of this state, 
then such expense shall be paid by the county maintaining the county 
home. Such patient shall be transferred to his legal domicile as soon 
as he is able to be removed, as determined by the medical superintend- 
ent of the hospital. Provided that such removal shall not be made 
without the consent of the inmate unless a suitable place outside the 
county home, approved by the state department of health, is provided 
for his care and treatment, or proper arrangements are made for his 
transfer to the state of his residence. (119 v. 729.) 
Sec. 3139-22. (Board of trustees may establish record bureau; 
cases of tuberculosis to be reported.) The board of trustees of each 
district hospital and of each county hospital may establish a record 
bureau and appoint a director thereof and appoint such assistants as 
may be required to keep and maintain adequate records with respect 
to all known cases of tuberculosis within the county. It shall be the 
duty of all tuberculosis hospitals, tuberculosis clinics, general and 
private hospitals within the county, and all boards of health within 
the county to immediately report all cases of tuberculosis, which are 
or have become known to them, to such county record bureau and to 
supply it with such data with respect to such cases and with respect 
to the persons who live or work in close contact with such cases as it 
may request. (120 v. S. 112. Eff. August 19, 1943.) 
Sec. 3282. (Acquisition, maintenance, and operation of sanitary 
dumps; approval of site.) The township trustees of any township are 
hereby authorized to secure, maintain and provide for sanitary dumps 
within their respective townships, if within their opinion such dumps 
are necessary and for this purpose the aforesaid trustees are hereby 
authorized to purchase, rent, lease or otherwise acquire such land as 
they deem suitable for dumping purposes. It is provided, however, 
that the selection of any site must have the approval of the local 
health department and the aforesaid dumps shall be maintained in a 
manner which meets the approval of the local health department. 
(119 v. 683.) 
Sec. 3295-1. (Township trustees may contract for collection and 
disposal of garbage and refuse.) Township trustees of any township 170 
or townships, either severally or jointly, may enter into written con- 
tracts with the proper municipal authorities or with independent con- 
tractors for the collection and disposal of garbage and refuse in what- 
ever part of said township territory may be created by them as here- 
inafter provided into a waste disposal district or districts. (120 v. 
H. 322. Eff. August 20, 1943.) 
Sec. 3295-2. (Creation of waste disposal districts; protests; 
compulsory, when.) The trustees may create a district under this act 
by a unanimous vote of the board and give notice thereof by a pub- 
lication in two newspapers of general circulation in the township, 
provided, however, that if within thirty days after such publication, 
a protest petition be filed with the board, signed by at least fifty 
per cent of the electors residing in said district, then the act of the 
board in creating such district shall be null and void; provided, how- 
ever, that if a petition be filed with the board asking for the creation 
of a district in said township, accompanied by a map clearly showing 
its boundaries, and signed by at least sixty-five per cent of the elec- 
tors residing therein, with their addresses, then the trustees shall 
within sixty days create such district. 
The territory to be created into a waste disposal district shall 
consist of at least two-thirds of same platted into lots. Each district 
shall be given a name, and the entire cost of any necessary equipment 
and labor shall be apportioned against each district by the respective 
trustees. (120 v. H. 322. Efif. August 20, 1943.) 
Sec. 3295-3. (Levy of tax for maintenance.) The trustees of a 
township are authorized to levy in any year or years a sufficient tax 
within the ten mill limitation, upon all taxable property in the district 
or districts to provide and maintain such waste disposal service. 
In the alternative the board of trustees of any township which 
has contracted for the collection or disposal of garbage or refuse on 
behalf of any district or districts may by resolution establish just and 
equitable rates or charges of rents to be paid to such township for 
the use and benefit of such service by every person, firm or corpora- 
tion whose premises are served by same. Such charges shall consti- 
tute a lien upon the property served and if not paid when due, shall 
be collected in the same manner as other township taxes. (120 v. 
H. 322. Eff. August 20, 1943.) 
Sec. 3295-4. (Township officers not liable for damages.) The 
township or its officers shall not be liable for damages from any 
cause whatsoever in performing this service. Private parties or firms 
entering a contract to perform said service shall carry public liability and property damage insurance of an amount acceptable to the town- 
ship trustees, and present proper evidence thereof to the township 
trustees. (120 v. H. 322. Eff. August 20, 1943.) 
Sec. 3295-5. (Duties of township clerk-treasurer; how funds 
used.) The township clerk-treasurer shall be charged with the duty 
of collecting the service charges and of administering same under 
rules and regulations to be established by the board of trustees. All 
such funds shall be kept in a separate fund to be designated as the 
waste collection fund and shall be appropriated and administered by 
the trustees. The funds shall be used for the payment of costs of the 
management, maintenance and operation of the garbage and refuse 
collection and disposal system in the several districts. Funds col- 
lected from a district cannot be used for any other district. If a 
district be abandoned or discontinued, any balance remaining in the 
fund for that district shall be paid into the general fund of the town- 
ship. (120 v. H. 322. Efif. August 20, 1943.) 
Sec. 3295-6. (Compensation of clerk-treasurer; bond; supplies.) 
For the services in each fiscal year arising under this act, the clerk- 
treasurer shall be allowed such compensation as shall be fixed by the 
board of trustees, which shall be paid semi-annually and shall be 
charged back pro rata against each district as part of its operating 
cost. Any increase in the bond of the clerk-treasurer, which the 
trustees may require, and the costs of any necessary supplies shall 
also be pro-rated and charged back to each district. (120 v. H. 322. 
Efif. August 20, 1943.) 
Sec. 3295-7. (Collection of delinquent accounts.) Annually, be- 
fore October 1, the clerk-treasurer shall certify to the county auditor 
the names of the property owners and the description of their lands 
which are delinquent so far as the service charges are concerned, 
whereupon the auditor shall place same for collection upon the tax 
duplicate for the ensuing December installment of taxes. (120 v. 
H. 322. Efif. August 20, 1943.) 
Sec. 3299-1. (Deputy township clerk appointed, when and how; 
term; bond; compensation.) When for any reason a township clerk 
is unable to carry out the duties of such office, on account of illness 
or because he has entered into the military service of the United 
States or is otherwise incapacitated or disqualified, the township 
trustees shall appoint a deputy clerk who shall have full power to 
discharge the duties of such office. Such deputy clerk shall serve dur- 
ing such period of time as the clerk is absent or incapacitated, or 
until a successor is elected and qualified. Before entering on the dis- 172 
charge of his duties the deputy clerk appointed in accordance with 
this section shall give bond for the faithful discharge of his duties as 
required of the clerk in section 3300 of the General Code. The town- 
ship trustees shall by resolution adjust and determine the compensa- 
tion of the clerk and deputy clerk, provided that the total compensa- 
tion of both clerk and any deputy clerk shall not exceed the amounts 
fixed by section 3308 of the General Code in any one year. (119 v. 
226.) 
Sec. 3391. (Definitions.) For the purposes of this act: 
“Poor relief” means food, clothing, shelter, and other commodi- 
ties and services necessary for subsistence, or the means of securing 
such commodities and services, furnished at public expense to per- 
sons in their homes, or, in the case of homeless persons, in lodging 
houses or other suitable quarters. Payments for shelter shall not 
exceed the average rental for comparable types of shelter in the area 
in which such shelter is provided. Average rentals shall be deter- 
mined by local relief authorities subject to the approval of the state 
director. Poor relief may take the form of “work relief,” “direct 
relief” or “medical care” as herein defined. “Poor relief,” as herein 
used, shall be synonymous with “poor relief” as used in Amended 
Senate Bill No. 4, entitled, “An act to provide for submitting the 
question of levying additional taxes to the electors of the subdivision 
at a special election in the years 1939 and 1940, to authorize the mak- 
ing of such levy, and to amend section 5625-17a of the General Code, 
and to declare an emergency,” passed May 17, 1939, approved May 22, 
1939, and filed in the office of the secretary of state May 22, 1939, and 
in Amended Substitute Senate Bill No. 40, entitled, “An act to amend 
sections 6291 and 6309-2 of the General Code, relative to the levy and 
distribution of the motor vehicle license tax, and to declare an emer- 
gency,” passed May 22, 1939, approved May 29, 1939, and filed in the 
office of the secretary of state May 29, 1939, and in other acts here- 
tofore passed providing poor relief to needy persons. 
The term “work relief” means poor relief given in exchange for 
labor or services. 
The term “direct relief” means poor relief without the perform- 
ance of work therefor. 
“Medical care” means medicines and the services, wherever ren- 
dered, of a physician or surgeon or the emergency services of a den- 
tist, furnished at public expense. 
“State director” means the state director of public welfare. 
“Public assistance” includes poor relief and also the following: 
aid for the aged as provided in sections 1359-2 to i359-i5b, both 173 
inclusive, of the General Code; aid to dependent children, as provided 
by sections 1359-31 to 1359-45, both inclusive, of the General Code; 
support of children placed in boarding homes, as provided by sections 
I352"3 and 1352-4 °f the General Code; treatment and care of crippled 
children as provided by sections 1352-8 to 1352-9, both inclusive, of 
the General Code; aid to needy blind, as provided by sections 2965-1 
to 2968-3, both inclusive, of the General Code; soldiers’ relief, as 
provided by sections 2934 to 2941, both inclusive, of the General Code; 
care and support of persons in county homes or children in county 
children’s homes; unemployment compensation, as provided by sec- 
tions 1345-1 to 1345-33, both inclusive, of the General Code; work- 
men’s compensation, as provided by sections 1465-37 to 1465-112, both 
inclusive, of the General Code, and all other forms of aid to recipients 
from public funds. 
“Local relief authority” means the board or officer required by 
law or charter to administer or carry on'poor relief in a local relief 
area. 
“Local relief area” means the taxing district within and for which 
poor relief funds are expended. (118 v. 710.) 
Sec. 3391-1. (Local relief areas and authorities.) Commencing 
on the first day of July, 1939, the territory in each county outside the 
corporate limits of cities therein shall be a local relief area here- 
inafter referred to as the “county local relief area,” the local relief 
authority for which shall be the board of county commissioners of 
the county; and each city shall be a local relief area, the local relief 
authority for which shall be the proper board or officer of the city; 
provided, however, that any board of county commissioners, upon 
request of the township trustees of any township in the county, shall, 
by resolution adopted at any time after this act becomes effective, 
designate such township trustees to act as its agents in the adminis- 
tration of poor relief within such township to the extent provided in 
such resolution; provided, further, that the legislative authority of a 
city, on the one part, and board of county commissioners of the 
county in which the city or any part thereof is located, on the other 
part, may, under the provision of sections 2450-1 to 2450-6 of the 
General Code, and with the effect therein specified, enter into an 
agreement whereby such board of county commissioners is author- 
ized to act as the local relief authority for and in behalf of the city; 
or the legislative authorities of two or more cities in a county may, 
under section 3615-1 of the General Code, enter into an agreement 
for the joint administration of poor relief within such cities; pro- 
vided further that the legislative authority of any city within the 174 
county may, by agreement with all other cities and the county act as 
the local relief authority for such cities and county upon such terms 
as may be agreed upon. 
Such an agreement whereby the board of county commissioners 
is authorized to act as the local relief authority for and in behalf of a 
city, if entered into prior to the first day of July in any year, may 
provide that, for the purpose of tax levies for poor relief and the 
appropriation and expenditure thereof for one or more next ensuing 
fiscal years, the city shall be a part of the county local relief area, 
anything to the contrary in section 2450-2 of the General Code not- 
withstanding; in which event such city shall not, for the duration of 
such contract, have power to levy taxes for poor relief. 
If the county local relief area is not coextensive with the county, 
it shall constitute a special taxing unit on the taxable property within 
which the county commissioners of the county shall have authority 
to levy a tax for poor relief and to the electors within which the 
county commissioners shall have authority to submit the question of 
a special levy outside of the ten mill limitation for such purpose in 
the manner provided by sections 5625-15 to 5625-18, both inclusive, of 
the General Code. The county treasurer shall be the treasurer of such 
county local relief area and all expenditures from the treasury of 
such county local relief area shall be governed by the appropriate 
provisions of law relative to the expenditure of moneys in the county 
treasury and by the provisions of this act. (118 v. 711.) 
Sec. 3391-2. (Administration of poor relief by local relief au- 
thorities.) Local relief authorities shall administer poor relief in 
accordance with the following powers and duties: 
1. In each local relief area, subject to the provisions of law, poor 
relief shall be furnished by the local relief authority to all persons 
therein in need of such poor relief. As required by the condition of 
the applicant, such poor relief may afford either partial or total, 
temporary or continuing support. Poor relief shall be dispensed on a 
budgetary basis, and may be furnished either in the form of cash, or 
commodities and services, or both. Poor relief shall be granted only 
after sworn application therefor and proper home investigation to 
ascertain facts of need and available means of support. Thereafter, 
so long as poor relief is continued, there shall be re-application at 
intervals within three months and such further investigation and 
visitation from time to time as may be necessary to secure prompt 
information of any changes in the condition of recipients affecting 
their need of poor relief. Reasonable effort shall be made to secure support from persons responsible by law and from other sources as 
a means of preventing or reducing relief at public expense. 
2. No person shall be eligible for poor relief if, being able and 
competent to perform labor, he shall refuse work relief or shall refuse 
employment, if available, except at a place where there is a labor 
dispute, when offered at reasonable wages and under reasonable con- 
ditions as determined by the local relief authority; or if, for the 
purpose of rendering himself eligible for poor relief, he has made an 
assignment or transfer of property within the two years immediately 
preceding his application for such poor relief. Except in case of 
emergency, every employable person applying for poor relief, before 
receiving poor relief, shall register with the free public employment 
service. Any person receiving poor relief may engage in temporary 
or partial employment and while so employed, his poor relief shall be 
adjusted accordingly. 
3. No person who has illegally entered the United States shall 
be eligible for poor relief under this act; provided, however, that 
when the applicant claims legal entry, poor relief may be granted 
pending the investigation thereof. Every alien applicant shall submit 
for inspection his immigrant identification card or furnish informa- 
tion relative to his entry into the United States. No alien shall be 
eligible for poor relief until he shall have declared his intention of 
becoming a citizen of the United States of America as provided by 
law or until he satisfies the local relief authority that he will apply 
for his naturalization papers within sixty days from the date of mak- 
ing application for poor relief. 
4. The following persons shall not be deemed eligible for poor 
relief in this state: 
a. Those who have removed or departed from the state of Ohio 
and have obtained a legal settlement for poor relief purposes in 
another state. 
b. Those who have removed or departed from the state of Ohio, 
not maintaining a residence therein, and have resided or sojourned 
in another state for such period of time as under the laws of that 
state, under like circumstances, would operate to terminate a like 
settlement in that state of one previously resident therein. 
c. Those who have removed or departed from the state of Ohio 
and have sojourned outside the state of Ohio for a period of more 
than four years. 
5. If and when any local relief authority in consultation with the 
recipient shall deem it to be in the general public interest and for 
the benefit of persons receiving poor relief, the costs of transporta- tion of such persons and their property to other places may be paid 
by such authority, subject to rules prescribed by the state director. 
6. Poor relief shall be inalienable whether by way of assign- 
ment, charge, or otherwise, and exempt from execution, attachment, 
garnishment, or other like process. 
7. There shall be created in each county a central clearing office 
for the purpose of keeping records of all persons in the county receiv- 
ing public assistance after the effective date of this act. Such records 
shall set forth the kind of public assistance granted to each person 
as well as any other information required by the state director; pro- 
vided, however, that the state director may dispense with the estab- 
lishment of a central clearing office in a county wherein records, in 
his judgment sufficient for the purpose, are maintained by either a 
public or a private agency. The board of county commissioners shall 
have authority to appoint the necessary assistants in the central clear- 
ing office. Such assistants shall be exempt from the provisions of 
sections 486-1 to 486-30, both inclusive, of the General Code. 
8. Except as modified by the provisions of this act, section 3476 
and other sections of the General Code of like purport shall remain 
in full force and effect and nothing in this act shall be construed as 
altering, amending, or repealing the provisions of section 3476 of the 
General Code, relative to the obligation of the county to provide or 
grant relief to those persons who do not have the necessary residence 
requirements and to those who are permanently disabled or have 
become paupers and to such other persons whose peculiar condition is 
such that they cannot be satisfactorily cared for except at the county 
infirmary or under county control. 
9. The moneys received by a county under any law other than 
this act providing for the distribution of state funds to counties for 
poor relief shall be paid into the county treasury to the credit of the 
proper funds therein; but in counties containing two or more local 
relief areas, or part or parts thereof, the proportional share of the 
county relief area as determined by the provisions of this act shall be 
paid into the treasury of the county relief area, and the proportional 
shares of the cities shall be distributed and paid by the county 
treasurer on the order of the county auditor to the treasurer of each 
city entitled thereto. Such distribution shall be made in proportion to 
the obligations incurred for poor relief in the respective local relief 
areas, and part or parts thereof in the county, during the calendar 
month next preceding the receipt of such moneys. 
Nothing herein shall be construed to repeal any law authorizing 
the county commissioners to issue bonds for poor relief purposes; but 177 
the proceeds of any such bonds shall, in a county containing two or 
more local relief areas, or part or parts thereof, be distributed be- 
tween said local relief areas in proportion to the obligations incurred 
for poor relief in such respective poor relief areas, and part or parts 
thereof, during the calendar month next preceding the adoption of 
the resolution providing for the issuance of such bonds. A like appor- 
tionment shall be made whenever, and as of the date when a contract 
whereby a city surrenders its power to levy taxes for poor relief shall 
expire, unless such contract shall have been renewed or extended. 
Local relief authorities shall not disburse any funds through any 
private organization. 
10. Whenever poor relief shall have been furnished to a recipi- 
ent for whose support another person is by law responsible, such 
other person shall, in addition to the liability otherwise imposed by 
law as a consequence of failure to support such recipient, be liable 
for all poor relief furnished to such recipient; and the value of the 
poor relief so furnished may be recovered in a civil action brought in 
the name of the state on the relation of the local relief authority in 
any court of competent jurisdiction. 
11. Any person who receives poor relief as a result of mis- 
representation or withholding information as to his needs or re- 
sources, or who continues to accept such poor relief when no longer 
in need of such poor relief, shall be guilty of a misdemeanor, and 
shall upon conviction be fined not more than twenty-five dollars and 
costs or imprisoned for not more than thirty days or both. In such 
case the local relief authorities may institute a civil action for the 
recovery of the value of such relief so received. 
12. All poor relief orders or payments shall be given to the 
recipient in person upon his appearance at the office of the local relief 
authority or at sub-stations approved by the state director, unless the 
recipient can show to the local relief authority good cause why he 
cannot appear in person. (118 v. 712.) 
Sec. 3391-3. (Powers and duties of state director.) The state 
director shall have the following powers and perform the following 
duties: 
1. To study problems of poor relief; to approve budgetary stand- 
ards for poor relief; to develop plans and procedures for the more 
effective administration of poor relief, and to advise with local relief 
authorities as to the conduct of such services; to adopt and promul- 
gate rules governing the administration of poor relief b}r local relief 
authorities. Unless otherwise provided by law, all such rules shall be 
promulgated by mailing a certified copy thereof to each local relief authority and filing a certified copy thereof in the office of the secre- 
tary of state. 
2. To request and receive advice, assistance and information 
from any federal, state or local governmental agency and to furnish, 
upon request, to the United States department of labor, bureau of 
immigration and naturalization, the names of all alien applicants for 
poor relief and information relative to their entry into the United 
States. 
3. To cooperate with agencies of the federal, state and local 
governments, and with private organizations engaged in the admin- 
istration or financial support of activities pertaining either directly 
or indirectly to poor relief, and to coordinate his efforts therewith so 
far as it seems practicable and advisable. 
4. To require such reports as he may deem necessary from local 
relief authorities, either directly, or through any county officer or 
board, and from such officer or board, in such form as he shall pre- 
scribe. 
5. To examine from time to time the administration of poor 
relief by local relief authorities and to issue written notice to any 
such authority relative to changes he may deem necessary for the 
improvement of local poor relief administration or relative to the 
violation of the poor relief laws of the state or the rules and regula- 
tions of the state director, and calling upon such authority to appear 
at a time and place specified in such notice and show cause why such 
changes should not be effected or such violations should not cease. 
After the hearing to show cause the state director shall make a 
written order and forthwith serve a copy thereof upon the local relief 
authority, and until such order is complied with no further contribu- 
tion of funds shall be made under section 12 (*) of this act. 
6. To establish a procedure under which a thorough cooperation 
is maintained between local relief authorities and federal agencies. 
7. To investigate the eligibility of recipients of poor relief. He 
may purchase credit reports and services to establish the eligibility of 
recipients of poor relief. He shall order copies of all such reports and 
services to be furnished to the proper local relief authority. In- 
eligibles shall be denied poor relief as soon as the state director shall 
inform the local relief authority of such ineligibility. 
8. To appoint the employees necessary in the administration of 
his powers and duties under this act, and to fix their compensation 
and prescribe their duties. (118 v. 715.) 
(*) Section 12 is G. C. section 8391-11. Sec. 3465. (Abandoned burial ground; removal of bodies and 
stones.) When any burial ground, public or private, has been aban- 
doned, or when the trustees of a township, or the trustees or direc- 
tors of a cemetery association, are of the opinion that the further use 
for burial purposes of any cemetery or burial ground will be detri- 
mental to public welfare or health, and a cemetery or burial ground 
in the near vicinity thereof is open for public use, such township 
trustees in every such case, or, in case of a cemetery association, the 
trustees or directors thereof, may order such cemetery or burial 
ground to be discontinued, and provide for the removal of all bodies 
therein buried, and for the removal of all stones and monuments 
marking the graves thereof, and for the re-interment of such bodies 
and the re-erection of such stones and monuments in suitable and 
public ground in the near vicinity, and pay therefor from the town- 
ship treasury. They shall before providing for any such removal, first 
cause notice to be given to the family, friends or kindred of the 
deceased, if known to them of such order and of the time within 
which, not less than thirty days, such removal must be made, and 
that it is desired that such removal be made by the friends or kindred 
of the dead. If at the expiration of such time such removals have not 
been made, the trustees or the board, as the case may be, may cause 
them to be made as hereinbefore provided. (101 v. 201.) 
Sec. 3466. (May sell burial grounds at public sale.) After due 
notice thereof has been first given in two newspapers of the county, 
of general circulation, township trustees and trustees and boards of 
directors of cemetery associations may dispose of, at public sale, and 
make conveyance of any burial grounds under their control that they 
have determined to discontinue as burial grounds, but possession 
thereof shall not be given to a grantee until after the dead therein 
buried, together with stones and monuments, have been removed as 
hereinbefore provided. (73 v. 33.) 
Sec. 3467. (Disinterment of body buried in cemetery.) The 
trustees or board of any cemetery association, or other officers hav- 
ing control and management of a cemetery, shall disinter or issue a 
permit for disinterment, and deliver any body buried in such ceme- 
tery, on application of the next of kin of the deceased, being of full 
age and sound mind, to such next of kin, on payment of the reason- 
able cost and expense of disinterment. No such disinterment shall be 
made during the months of April, May, June, July, August and Sep- 
tember, and in no event if the deceased died of a contagious or 
infectious disease, until a permit has been issued by the local health 
department. (91 v. 231.) Sec. 3468. (Form of application.) Such application shall be in 
writing and shall state the relation of the applicants to the deceased, 
that the applicants are the next of kin of the deceased, of full age and 
sound mind, the disease of which the deceased died, where the body 
shall be reinterred, and shall be subscribed and verified by oath. 
(91 v. 231.) 
Sec. 3469. (Writ of mandamus.) If such trustees or board or 
other officers in charge of the cemetery refuse to issue a permit for 
disinterment, there shall be issued by the court of common pleas of 
the county wherein the cemetery is situated, a writ of mandamus 
requiring such trustees or board or other officers to issue such permit. 
(91 v. 231.) 
Sec. 3470. (When dead may be removed.) When the dead laid 
in any vault or other receptacle becomes offensive, on complaint of 
any householder of the township, the trustees shall issue an order 
forthwith to the sexton or other person in charge, to have such body 
immediately interred. If such interment is neglected for three days 
after the complaint, any justice of the peace of the township may 
issue his written order to any householder of the township to inter 
the dead at the expense of the trustees, and shall allow a reasonable 
charge for such service. (R. S. Sec. 1471.) 
Sec. 3471. (Certain burying grounds may be transferred to 
township trustees.) When a public burying ground in a township is 
not under the control of a municipal corporation and the title or 
control thereof is vested in an association or trustees thereof, or is 
vested in a religious society, whether incorporated or not, or the 
trustees thereof, and such burying ground is used exclusively for 
cemetery purposes, such association, society, or the trustees thereof 
may convey such grounds to the trustees of the township and their 
successors in office. Subject to the rights of the original grantor, his 
heirs or assigns, the trustees of such township shall accept and take 
possession of such grounds, and take care of, keep in repair, hold, 
treat and manage them in all respects as required by law relating to 
public burying grounds in and belonging to such township. (106 v. 
305 •) 
Sec. 3472. (Abandonment of cemetery owned by city or village.) 
Where a graveyard, burial ground or cemetery is located without the 
corporate limits of a city or village, and not further therefrom than 
one mile, and the title to and possession thereof is in such city or 
village, or is under the control of any of the authorities of a city or 
village, and such city or village has failed to protect or keep it enclosed with fences for two years, any five freeholders whose prop- 
erty is in the vicinity of such graveyard, burial-ground or cemetery, 
may apply by petition to the probate court of such county, stating in 
their petition that such city or village has failed to protect such 
graveyard, burial-ground or cemetery, and asking for its abandon- 
ment or removal. In such action such city or village shall be made 
defendant, and served with summons as in other actions. Upon final 
hearing, if it appears to the court to be to the public interest to have 
such graveyard, burial-ground or cemetery abandoned and removed, 
it shall so order, (R. S. Sec. 1473a.) 
Sec. 3473. (Proceedings if city or village neglects order.) Should 
such city or village fail to remove such graveyard, burial-ground or 
cemetery for a period of six months after it has been so ordered by 
the court, the court shall order such premises sold as upon execution. 
Such sale or other transfer of such land shall not operate to give a 
purchaser possession until the bodies therein interred shall have been 
removed, as provided by law for the abandonment of cemeteries in 
cities and villages. (R. S. Sec. 1473a.) 
Sec. 3476. (Trustees and municipal officers shall afford relief.) 
Subject to the conditions, provisions and limitations herein, the trus- 
tees of each township or the proper officers of each city therein, 
respectively, shall afford at the expense of such township or munici- 
pal corporation public support or relief to all persons therein who are 
in condition requiring it. It is the intent of this act that townships 
and cities shall furnish relief in their homes to all persons needing 
temporary or partial relief who are residents of the state, county and 
township or city as described in sections 3477 and 3479. Relief to be 
granted by the county shall be given to those persons who do not have 
the necessary residence requirements, and to those who are per- 
manently disabled or have become paupers and to such other persons 
whose peculiar condition is such they cannot be satisfactorily cared 
for except at the county infirmary or under county control. When a 
city is located within one or more townships, such temporary relief 
shall be given only by the proper municipal officers, and in such cases 
the jurisdiction of the township trustees shall be limited to persons 
who reside outside of such a city. (108 v. Pt. 1, 272.) 
Sec. 3477. (“Legal settlement” defined.) Each person shall be 
considered to have obtained a legal settlement in any county in this 
state in which he or she has continuously resided and supported him- 
self or herself for twelve consecutive months, without relief under 
the provisions of law for the relief of the poor, or relief from any 
charitable organization or other benevolent association which inves- 182 
tigates and keeps a record of facts relating to persons who receive 
or apply for relief. No adult person coming into this state and having 
dependents residing in another state, shall obtain a legal settlement 
in this state so long as such dependents are receiving public relief, 
care or support at the expense of the state, or any of its civil divi- 
sions, in which such dependents reside. (117 v. 806.) 
Sec. 3478. (Defense of trustees in action for non-support of 
pauper.) In an action to compel the support or relief of a pauper, or 
in an action based upon the refusal of such officers to afford support 
or relief to any person, it shall be a sufficient defense for the town- 
ship trustees, or proper municipal officers to show that such person, 
during the period necessary to obtain a legal settlement therein has 
been supported in whole or in part by others with the intention to 
thereby make such person a charge upon such township or municipal 
corporation. The fact that such person, during the period necessary 
to obtain a legal settlement therein, has been supported in whole or 
in part by others shall be prima facie evidence of such intention. 
(R. S. Sec. 1492a.) 
Sec. 3479. (Who considered having legal settlement.) A person 
having a legal settlement in any county in the state shall be con- 
sidered as having a legal settlement in the township, or municipal 
corporation therein, in which he has last resided continuously and 
supported himself for three consecutive months without relief, under 
the provisions of law for the relief of the poor, or from any charitable 
organization or other benevolent association which investigates and 
keeps a record of facts relating to persons who receive or apply for 
relief. When a person has for a period of more than one year not 
secured a legal settlement in any county, township or city in the 
state, he shall be deemed to have a legal settlement in the county, 
township or city where he last has such settlement. (112 v. 157.) 
Sec. 3480. (Relief, medical and hospital service, how obtained; 
notice to trustees or officers.) When a person in a township or munic- 
ipal corporation requires public relief, or the services of a physician 
or surgeon, complaint thereof shall be forthwith made by a person 
having knowledge of the fact to the township trustees, or proper 
municipal officer. If medical services are required, and no physician 
or surgeon is regularly employed by contract to furnish medical 
attendance to such poor, the physician called or attending shall im- 
mediately notify such trustees or officer, in writing, that he is attend- 
ing such person, and thereupon the township or municipal corporation 
shall be liable for relief and services thereafter rendered such person. 
If such services consist of hospital care rendered such person, such hospital shall be paid such amount as may be agreed upon by such 
trustees or proper officers and such hospital, or if no such agreement 
is made, then such hospital shall be paid the established ward rate for 
such care in such hospital. If such notice be not given within three 
days after such relief is afforded or services begin, the township or 
municipal corporation shall be liable only for relief or services ren- 
dered after notice has been given. Such trustees or officer, at any 
time may order the discontinuance of such services, and shall not be 
liable for services or relief thereafter rendered. (120 v. H. 327. Eff. 
September 16, 1943.) 
Sec. 3480-1. (Municipality or township of legal settlement of 
indigent person liable for medical services.) When an indigent person 
requiring medical services or the services of a hospital, in cases other 
than contagious, has a legal settlement in a municipality or township 
within the same county but other than that in which the service is 
rendered, and such person is unable to pay the expenses of such serv- 
ice, the county, municipality or township rendering such service shall 
notify, in writing, the proper officials of the municipality or town- 
ship of legal settlement of such person that services are being ren- 
dered. Such written notice shall be sent within three days if the fact 
of non-residence is disclosed upon the beginning of such service or 
admission to such hospital, or within three days after discovery of 
such fact if the same be not disclosed as above. Thereupon the 
municipality or township of legal settlement shall be liable for such 
services at the established rate of the county, municipality or town- 
ship rendering such service and shall pay for the same within thirty 
days after date of the sworn statement covering such expenses, which 
sworn statement shall be sent to the proper officials of the municipal- 
ity or township of legal settlement within twenty days after the 
discharge of such person. If the notice of such service be not sent to 
the municipality or township of legal settlement within three days 
after the disclosure of such person or the discovery of such non- 
residence, such municipality or township shall be liable only after the 
receipt of such notice. Nothing herein contained shall prevent the 
removal of such person, or the assumption of care of such person, by 
the municipality or township of legal settlement, at its expense, but 
such removal or assumption shall not relieve such municipality or 
township from liability for the expenses theretofore incurred by the 
county, municipality or township rendering such service. The munici- 
pality or township of legal settlement is hereby subrogated to all the 
rights of the county, municipality or township rendering such serv- 
ice to such person. (118 v. 431.) 184 
Sec. 3481. (Proper officers shall visit persons requiring relief; 
examination and report.) When complaint is made to the township 
trustees or to the proper officers of the municipal corporation that a 
person therein requires public relief or support, one or more of such 
officers, or some other duly authorized person, shall visit the person 
needing relief, forthwith, to ascertain his name, age, sex, color, 
nativity, length of residence in the county, previous habits and present 
condition and in what township and county in this state he is legally 
settled. The information so ascertained shall be transmitted to the 
township clerk, or proper officer of the municipal corporation, and 
recorded on the proper records. No relief or support shall be given to 
a person without such visitation or investigation, except that within 
counties, where there is maintained a public charity organization, or 
other benevolent association, which investigates and keeps a record of 
facts relating to persons who receive or apply for relief, the infirmary 
superintendents, township trustees or officers of a city shall accept 
such investigation and information and may grant relief upon the 
approval and recommendation of such organization. Every reason- 
able effort shall be made by the township trustees and municipal 
officers to secure aid from relatives and interested organizations 
before granting relief from public funds. (108 v. Pt. 1, 272.) 
Sec. 3482. (Removal of foreign paupers to their own county; 
removal expenses.) When it has been so ascertained that a person 
requiring relief has a legal settlement in some other county of the 
state, such trustees or officers shall immediately notify the infirmary 
superintendent of the county in which the person is found, who, if 
his health permits, shall immediately remove the person to the 
infirmary of the county of his legal settlement. If such person 
refuses to be removed, on the complaint being made by the infirmary 
superintendent, the probate judge of the county in which the person 
is found shall issue a warrant for such removal, and the county 
wherein the legal settlement of the person is, shall pay all expenses 
of such removal and the necessary charges for relief and in case of 
death the expense of burial if a written notice is given the county 
commissioners thereof within twenty days after such legal settle- 
ment has been ascertained. (108 v. Pt. 1, 273.) 
Sec. 3483. (Notice to other county; action for recovery.) Upon 
refusal or failure to pay such expenses, such board of county com- 
missioners may be compelled so to do by a civil action against them 
by the board of county commissioners of the county from which such 
person is removed, in the court of common pleas of the county to 
which such removal is made. If such notice is not given within twenty days after such board of county commissioners ascertain such 
person’s residence, and within ninety days after such relief has been 
afforded, the board of county commissioners where such person be- 
longs shall not be liable for charges or expenditures accruing prior 
to such notice. (108 v. Pt. i, 273.) 
Sec. 3484. (Removal of indigent persons to their own counties.) 
When the trustees of a township, or proper officers of a municipal 
corporation in a county in the state in which there is no county 
infirmary ascertain that any person, requiring relief, in such town- 
ship or municipal corporation has a legal settlement in another county 
of the state, they shall immediately notify the board of county com- 
missioners thereof to remove such person to the infirmary of such 
county. Should his health permit, such board of county commissioners 
shall immediately remove such person to their infirmary, and, if 
within twenty days after such legal settlement is ascertained, a 
written notice is given them, to pay all expenses theretofore incurred 
for his relief in the township or municipal corporation in which such 
person is found. Upon their refusal or failure to so remove such 
person, the trustees of such township, or proper officers of a munici- 
pal corporation, may furnish him the necessary relief and collect the 
amount thereof from such board of county commissioners by a civil 
action, in the name of such township trustees, or of such municipal 
officers in the court of common pleas of the county in which such 
infirmary is situated. (112 v. 157.) 
Sec. 3484-1. (Action when indigent persons refuse to be re- 
moved to their own counties.) If a person requiring relief whose 
legal settlement has been ascertained to be in some other county of 
the state refuses to be removed thereto, pursuant to G. C. section 3482 
or to G. C. section 3484, on complaint being made by the officer whose 
duty it is to remove him, the probate judge of the county in which 
the person is found shall issue a warrant for such removal. In addi- 
tion to all other proceedings for the removal of a person requiring 
relief to another county of the state wherein his legal settlement 
may be, the township trustees or the proper officers of the municipal 
corporation in which a person requiring public relief is found or 
resident taxpayer of the county may institute proceedings in the 
probate court of such county to determine the legal settlement of 
such person and procure his removal thereto. Such proceedings shall 
be by petition which shall be sufficient if it states the facts required 
by G. C. section 3481 to be ascertained. The county commissioners of 
the county in which such person is alleged to have a legal settlement 
shall be made parties and summons issued to them as in civil actions. 186 
The proceedings may be set down for hearing at any time after the 
return day of the summons and shall be deemed at issue without 
further pleading. If upon the evidence the person is found to require 
public relief or support and that he is legally settled in the township 
and county alleged in the petition a warrant for his removal to said 
county shall be issued by the probate judge and judgment shall be 
rendered for costs and all charges and expenditures for which the 
commissioners of said county shall be liable by virtue of notice 
similar to that provided for in G. C. sections 3482 and 3483 which 
notice for the purpose of action herein provided for may be given by 
a board, officer or person authorized to bring such action. (112 v. 
158.) 
Sec. 3484-2. (Proceedings when indigent person furnished with 
medical services in county other than county of legal settlement.) 
When a person requiring- medical services or the services of a hos- 
pital, in cases other than contagious, has a legal settlement in a 
county other than the one in which such service is rendered, and is 
unable to pay the expenses of such service, and such service is ren- 
dered by a county, municipality or township, the county, municipality 
or township rendering such service shall notify in writing the county 
commissioners of the county of legal settlement that such service is 
being rendered. Such written notice shall be sent within three days 
If the fact of non-residence is disclosed upon the beginning of such 
service, or admission to such hospital, or within three days after the 
discovery of such fact, if the same be not disclosed as above. Within 
twenty days after the discharge of such person, or the rendering of 
the last service, the county, municipality or township rendering such 
service shall send a notice thereof, and a sworn statement of its 
expenses, at the established rate of the county, municipality or town- 
ship therefor, to the county commissioners of the county of legal 
settlement. Thereupon the county of legal settlement shall be liable 
to the county, municipality or township rendering such service for 
the expenses of such service, including hospital service, at the estab- 
lished rate of the county, municipality or township therefor, and shall 
pay for the same within thirty days after date of the sworn statement 
of expenses. If the notice of the rendering of such service, required 
to be sent by' the county, municipality or township rendering the 
same, be not sent within three days after the disclosure by such 
person or the discovery of such non-residence, the county of legal 
settlement shall be liable only after the receipt of such notice. Noth- 
ing herein contained shall prevent the removal or assumption of care 
of such person by the county of legal settlement, at its expense, but 18 7 
such removal or assumption shall not relieve such county of liability 
for the expenses theretofore incurred by the county, municipality or 
township rendering such service. The county of legal settlement is 
hereby subrogated to all the rights of the county, municipality or 
township rendering such service to such person. (118 v. 432.) 
Sec, 3495. (Burial of dead in certain cases.) When the dead 
body of a person is found in a township or municipal corporation, and 
such person was not an inmate of a penal, reformatory, benevolent or 
charitable institution, in this state, and whose body is not claimed by 
any person for private interment at his own expense, or delivered for 
the purpose of medical or surgical study or dissection in accordance 
with the provisions of section 9984, it shall be disposed of as follows: 
If he were a legal resident of the county, the proper officers of the 
township or corporation in which his body was found shall cause it to 
be buried at the expense of the township or corporation in which he 
had a legal residence at the time of his death; if he had a legal resi- 
dence in any other county of the state at the time of his death, the 
infirmary superintendent of the county in which his dead body was 
found shall cause it to be buried at the expense of the township or 
corporation in which he had a legal residence at the time of his death, 
but if he had no legal residence in the state, or his legal residence is 
unknown, such infirmary superintendent shall cause him to be buried 
at the expense of the county. 
(Marker at grave.) It shall be the duty of such officials to pro- 
vide at the grave of such person, a stone or concrete marker on 
which shall be inscribed the name and age of such person, if known, 
and the date of death. (108 v. Pt. 1, 274.) 
Sec. 3496. (Pauper dying in benevolent institution; burial of by 
county.) In a county in which is located a state benevolent institu- 
tion, the board in control of said institution shall pay all expenses of 
the burial of a pauper that dies in such institution, except when the 
body is delivered in accordance with the provisions of section 9984 of 
the General Code, and send an itemized bill of the expenses thereof 
to the county commissioners of the county from which the pauper 
was sent to the institution. Such county commissioners shall im- 
mediately pay the bill to such board in control. (103 v. 58.) 
Sec. 3615. (General powers of municipalities.) Each municipal 
corporation shall be a body politic and corporate, which shall have 
perpetual succession, may use a common seal, sue and be sued, and 
acquire property by purchase, gift, devise, appropriation, lease, or 
lease with the privilege of purchase, for any municipal purpose 188 
authorized by law, and hold, manage and control it and make any 
and all rules and regulations, by ordinance or resolution, that may be 
required to carry out fully all the provisions of any conveyance, deed 
or will, in relation to any gift or bequest, or the provisions of any 
lease by which it may acquire property. (102 v. 40.) 
Sec. 3615-1. (Joint construction or management of inter- 
municipal improvement; provisions; issue of bonds.) Two or more 
municipalities may enter into an agreement for the joint construc- 
tion or management, or construction and management, of any public 
work, utility or improvement, benefiting each municipality, or for the 
joint exercise of any power conferred on municipalities by the consti- 
tution or laws of Ohio, in which each of such municipalities is inter- 
ested. Any such agreement shall be approved by ordinance passed by 
the legislative body of each municipality party thereto, which ordi- 
nance shall set forth the agreement in full, and when so approved 
shall be a binding contract between such municipalities. Any agree- 
ment so entered into, shall provide (a) for the method by which the 
work, utility or improvement specified therein shall be jointly con- 
structed or managed; (b) for the method by which any specified 
power or powers shall be jointly exercised; and (c) for apportioning 
among the contracting municipalities any cost or expense of jointly 
constructing, maintaining or managing any work, utility or improve- 
ment or jointly exercising any power; and any such agreement may 
provide, (a) for assessing the cost, or any specified part of the cost, 
of the joint construction, maintenance or management of any public 
work, utility or improvement upon abutting property specially bene- 
fited thereby, or (b) for assessing the cost, or any specified part of 
the cost, of constructing, maintaining or managing any such public 
work, utility or improvement upon the property within any district 
clearly specified in such agreement, in proportion to benefits derived 
by such property from such work, utility or improvement. Each 
such municipality may issue bonds for its portion of the cost of any 
such public work, utility or improvement, where the provisions of 
the general law would authorize the issuance of such bonds in the 
event such municipality alone were undertaking the construction of 
such public work, utility or improvement, and, subject to the same 
conditions and restrictions which would then apply to such munici- 
pality. (m v. 508.) 
Sec. 3616. (Powers of ordinance or resolution.) All municipal 
corporations shall have the general powers menticfned in this chapter, 
and council may provide by ordinance or resolution for the exercise 
and enforcement of them. (99 v. 5.) 189 
Sec. 3619. (Water supply.) To provide for a supply of water, by 
the construction of wells, pumps, cisterns, aqueducts, water pipes, 
reservoirs, and water-works, for the protection thereof, and to pre- 
vent unnecessary waste of water, and the pollution thereof. To apply 
moneys received as charges for water to the maintenance, construc- 
tion, enlargement and extension of the works, and to the extinguish- 
ment of any indebtedness created therefor. (99 v. 34.) 
Sec. 3621. (Hospitals.) To provide for the rent and compensa- 
tion for the use of any existing free public hospital established and 
managed by a private corporation or association organized for that 
purpose. (99 v. 9.) 
Sec. 3622. (Cemeteries and crematories.) To provide public 
cemeteries and crematories for the burial or incineration of the dead 
and to regulate public and private cemeteries and crematories. (99 
v. 7.) 
Sec. 3628. (Misdemeanor.) To make the violation of ordinances 
a misdemeanor, and to provide for the punishment thereof by fine or 
imprisonment, or both, but such fine shall not exceed five hundred 
dollars and such imprisonment shall not exceed six months. (99 v. 9.) 
Sec. 3629. (Establish and care for streets.) To lay ofif, establish, 
plat, grade, open, widen, narrow, straighten, extend, improve, keep 
in order and repair, light, clean and sprinkle, streets, alleys, public 
grounds, places and buildings, wharves, landings, docks, bridges, via- 
ducts, and market places, within the corporation, including any por- 
tion of any turnpike or plank road therein, surrendered to or con- 
demned by the corporation. (99 v. 7.) 
Sec. 3631. (Power to acquire, hold and lease lands, with power 
to sell or donate.) To hold and improve public grounds, parks, park 
entrances, free recreation centers and boulevards, and to protect and 
preserve them. To acquire by purchase, lease, or lease with privilege 
of purchase, gift, devise, condemnation or otherwise and to hold real 
estate or any interest therein and other property for the use of the 
corporation and to sell or lease it, or to donate the same by deed in 
fee simple to the state of Ohio as a site for the erection of an armory. 
(102 v. 153.) 
Sec. 3632. (Vehicles, and use of streets.) To regulate the use 
of carts, drays, wagons, hackney coaches, omnibuses, automobiles, 
and every description of carriages kept for hire or livery stable pur- 
poses ; to license and regulate the use of the streets by persons who 
use vehicles, or solicit or transact business thereon; to prevent and 190 
punish fast driving or riding of animals, or fast driving or propelling 
of vehicles through the public highways; to regulate the transporta- 
tion of articles through such highways and to prevent injury to such 
highways from overloaded vehicles, and to regulate the speed of 
interurban, traction and street railway cars within the corporation. 
(99 v- 6.) 
Sec. 3633. (Impounding animals.) To regulate, restrain and pro- 
hibit the running at large, within the corporation, of cattle, horses, 
swine, sheep, goats, geese, chickens and other fowls and animals, 
and to impound and hold them, and on notice to the owners, to 
authorize the sale of them for the penalty imposed by any ordinance, 
and the cost and expenses of the proceedings; to regulate or prohibit 
the running at large of dogs, and provide against injury and annoy- 
ance therefrom, and to authorize the disposition of them when run- 
ning at large contrary to the provisions of any ordinance. (99 v. 6.) 
Sec. 3634. (Auctioneering.) To regulate auctioneering; to 
regulate, license or prohibit the sale at auction of goods, wares and 
merchandise or of live domestic animals at public places within the 
corporation; and to regulate, license or prohibit the selling of goods, 
merchandise or medicines on the streets. (99 v. 6.) 
Sec. 3636. (Erection of buildings.) To regulate the erection of 
buildings and the sanitary condition thereof, the repair of, alteration 
in and addition to buildings, and to provide for the inspection of 
buildings or other structures and for the removal and repair of in- 
secure buildings; to require, regulate and provide for the numbering 
and renumbering of buildings either by the owners or occupants 
thereof or at the expense of the municipality; to provide for the 
construction, erection, operation of and placing of elevators, stair- 
ways and fire escapes in and upon buildings. (103 v. 263.) 
Sec. 3637. (Erection of fences, signs; construction and repair of 
wires, poles, plants; licensing, house movers, electrical contractors, 
plumbers, etc.) To regulate the erection of fences, billboards, signs 
and other structures, within the corporate limits, and to provide for 
the removal and repair of, insecure billboards, signs and other struc- 
tures; to regulate the construction and repair of wires, poles, plants 
and all equipment to be used for the generation and application of 
electricity; to provide for the licensing of house movers, electrical 
contractors, plumbers and sewer tappers and vault cleaners. (103 v. 
93-) 
Sec. 3638. (Market places.) To establish, erect, maintain, pro- 
tect and regulate public halls, public buildings and market houses and by and with the consent of the abutting property owner or owners, or 
their lessee or lessees, to establish, maintain, protect and regulate, a 
market place or places, upon or on any street, square or public 
grounds or part thereof, within the municipality. (99 v. 8.) 
Sec. 3639. (Sanitation.) To regulate by ordinance, the use, con- 
trol, repair and maintenance of buildings used for human occupancy 
or habitation, the number of occupants, and the mode and manner of 
occupancy, for the purpose of insuring the healthful, safe and sani- 
tary environment of the occupants thereof; to compel the owners of 
such buildings to alter, re-construct or modify them, or any room, 
store, compartment or part thereof, for the purpose of insuring the 
healthful, safe and sanitary environment of the occupants thereof, 
and to prohibit the use and occupancy of such building or buildings 
until such rules, regulations and provisions have been complied with. 
(99 v. 124.) 
Sec. 3646. (Contagious diseases.) To provide for the public 
health, to secure the inhabitants of the corporation from the evils of 
contagious, malignant and infectious diseases, and to purchase or 
lease property or buildings for pest houses and to erect, maintain and 
regulate pest houses, hospitals and infirmaries. (99 v. 7.) 
Sec. 3646-1. (Council of municipality may provide for mainte- 
nance of physician, when; tax levy; election; anticipatory notes.) The 
council of a municipality that is inaccessible from the mainland at 
some time of the year for any reason, may provide for the mainte- 
nance of a physician when in the opinion of a majority of the mem- 
bers of council it is necessary for the preservation of the public 
health and welfare. To provide for such maintenance an additional 
tax may be levied upon all the taxable property in the municipality, in 
such amount as the council may determine. The question of levying 
such tax, and the amount thereof, shall be separately submitted to 
the qualified electors of the municipality at a general or special elec- 
tion. Twenty days’ notice thereof shall be previously given by posting 
in at least three public places in the municipality. Such notice shall 
state specifically the amount to be raised and the purpose thereof. 
If a majority of all votes cast at such election upon the proposition 
are in favor thereof, the tax provided for shall be authorized. 
Upon authorization of the tax levy herein the members of coun- 
cil are hereby authorized to issue notes in anticipation of such rev- 
enues to mature in not more than two years from the date of issue 
and to bear interest at not more than four per cent per annum. (119 
v. 12.) 192 
Sec. 3647. (Water-courses and sewers.) To open, construct and 
keep in repair sewage disposal works, sewers, drains and ditches, and 
to establish, repair and regulate water-closets and privies. (99 v. 8.) 
Sec. 3647-1. (Drainage, in municipal corporations.) To cause 
any lot or land within the corporate limits on which water at any 
time accumulates and becomes stagnant, in a way prejudicial to the 
public health, convenience or welfare, by reason of not having natural 
drainage outlet, or which can not be drained by natural channels, to 
be drained by artificial means at the expense of the corporation. In 
case such drainage is beneficial to the owner of any lot or land so 
drained, then the owner of said lot or land shall bear that part of the 
expense of said drainage in proportion to the benefits which may 
result from the improvement in accordance with the provision for 
assessment as contained in section thirty-eight hundred and twelve of 
the General Code. (101 v. 241.) 
Sec. 3648. (Public conveniences.) To establish, maintain and 
regulate public baths and bath houses, drinking fountains, water 
troughs, and public toilet stations, and municipal lodging houses. 
(100 v. 53.) 
Sec. 3649. (Garbage.) To provide for the collection and dispo- 
sition of sewage, garbage, ashes, animal and vegetable refuse, dead 
animals and animal offal and to establish, maintain and regulate 
plants for the disposal thereof. (99 v. 9.) 
Sec. 3650. (Power to abate nuisance and prevent injury.) To 
cause any nuisance to be abated, to prosecute in any court of com- 
petent jurisdiction, any person or persons who shall create, continue, 
contribute to or suffer such nuisance to exist; to regulate and pre- 
vent the emission of dense smoke, to prohibit the careless or 
negligent emission of dense smoke from locomotive engines, to 
declare each of the foregoing acts a nuisance, and to prescribe and 
enforce regulations for the prevention thereof; to prevent injury and 
annoyance from the same, to regulate and prohibit the use of steam 
whistles, and to provide for the regulation of the installation and 
inspection of steam boilers and steam boiler plants. (102 v. 62.) 
Sec. 3652. (Inspection.) To provide for the inspection of spirits, 
oils, milk, breadstuffs, meats, fish, cattle, milk cows, sheep, hogs, 
goats, poultry, game, vegetable and all food products. (99 v. 8.) 
Sec. 3653. (Powers to fill lots and remove obstructions.) To 
cause any lot or land within its limits on which water at any time 
becomes stagnant, to be filled up or drained, all putrid substances to be removed from any lot, and the removal of all obstructions from 
all culverts or covered drains or private property, laid in any natural 
water-course, creek, brook or branch, where they obstruct the water 
naturally flowing therein, causing it to flow back or become stagnant, 
in a way prejudicial to the health, comfort, or convenience of any of 
the citizens of the neighborhood, and if such culverts or drains be of 
insufficient capacity, to cause them to be made of such capacity as 
reasonably to accommodate the flow of such water at all times 
therein. The council may direct, by resolution, the owner to fill up or 
drain such lot, remove such putrid substance, or remove such ob- 
structions, and if necessary enlarge such culverts or covered drains 
to meet the requirements thereof. (66 v. 225.) 
Sec. 3654. (Duty of owner to comply with direction.) After 
service of a copy of such resolution, or after a publication thereof in 
a newspaper of general circulation in such corporation for two con- 
secutive weeks, such owner, or his agent or attorney shall comply 
with the directions of the resolution within the time therein speci- 
fied. (66 v. 225.) 
Sec. 3655. (May be done at the owner’s expense in case of 
refusal or neglect.) In case of failure or refusal to comply with the 
resolution, the work required thereby may be done at the expense 
of the corporation, and the amount of money so expended shall be 
recovered from the owner before a justice of the peace, or any court 
of competent judisdiction. Such expense from the time of the adop- 
tion of the resolution shall be a lien on such lot, which may be 
enforced by suit in the court of common pleas of the proper county, 
and like proceedings may be had as directed in relation to the im- 
provement of streets. (66 v. 225.) 
Sec. 3656. (Health officers shall enforce provisions.) The offi- 
cers connected with the health department of every such municipal 
corporation shall see that the provisions of the preceding three 
sections are strictly and promptly enforced. (66 v. 225.) 
Sec. 3658. (Preserve peace and protect property.) To prevent 
riot, gambling, noise and disturbance, indecent and disorderly con- 
duct or assemblages, and to preserve the peace and good order, and 
to protect the property of the corporation and its inhabitants. (99 
v. 50 
Sec. 3658-1. (Police and sanitary regulations for lands outside 
municipality.) A municipal corporation owning and using lands be- 
yond its corporate limits for a municipal purpose shall have the 
power to provide by ordinance or resolution all needful police or 194 
sanitary regulations for the protection of such property and to 
prosecute violations thereof in the municipal or police court of such 
municipality. (120 v. S. 136. Eff. August 7, 1943.) 
Sec. 3660. (Houses of ill-fame.) To suppress and restrain dis- 
orderly houses and houses of ill-fame, and to provide for the punish- 
ment of all lewd and lascivious behavior in the streets and other 
public places. (99 v. 5.) 
Sec. 3664. (Punishment for disturbance of public peace.) To 
provide for the punishment of persons disturbing the good order and 
quiet of the corporation by clamors and noise in the night season, by 
intoxication, drunkenness, fighting, committing assault, assault and 
battery, using obscene or profane language in the streets and other 
public places to the annoyance of the citizens, or otherwise violating 
the public peace by indecent and disorderly conduct, or by lewd and 
lascivious behavior. In like manner to provide for the punishment of 
any vagrant, common street beggar, common prostitute, habitual 
disturber of the peace, known pickpocket, gambler, burglar, thief, 
watch stuffer, ball game player, a person who practices any trick, 
game or device with intent to swindle, a person who abuses his 
family, and any suspicious person who can not give a reasonable 
account of himself. (103 v. 168.) 
Sec. 3665. (Punishment of breaches of peace.) Such punish- 
ment may be by imposing and collecting fines, or by imprisonment in 
the proper jail or work house at hard labor, or both, at the discretion 
of the court, but no such person shall be fined for a single offense to 
exceed fifty dollars. Such imprisonment and hard labor shall not, for 
the first offense, exceed thirty days, for the second offense, ninety 
days, for the third offense, six months, and for the fourth or any 
further repetition of the offense, one year. (66 v. 183.) 
Sec. 3666. (Imprisonment when fine and costs not paid.) The 
council may provide that any person who refuses or neglects to pay 
the fine imposed on conviction of any such offense, and the costs of 
prosecution, shall be imprisoned and kept at hard labor until such 
fine and costs are paid or secured to be paid, or he is otherwise legally 
discharged, provided that the person so imprisoned shall receive credit 
upon such fine and costs, at the rate of three dollars per day for each 
day’s imprisonment. (120 v. H. 139. Eff. August 27, 1943.) 
Sec. 3667. (Regulations as to labor.) The council may make 
suitable regulations to conduct such labor to the best advantage, and 
in a manner consistent with the age, sex, and health of the prisoners, 
and such labor may be done at the corporation prison, work-house, or 195 
elsewhere, and under the charge of such officers or other persons as 
the council may select. (67 v. 75.) 
Sec. 3668. (Hospitals for diseased prisoners.) The council may 
provide suitable hospitals for the reception and care of such prisoners 
as may be diseased or disabled, to be under such regulations, and 
under the charge of such persons as the council may direct. (66 v. 
183.) 
Sec. 3672. (License power; exception.) To license exhibitors of 
shows or performances of any kind, not prohibited by law, hawkers, 
peddlers, auctioneers of horses and other animals on the highways or 
public grounds of the corporation, vendors of gun powder and other 
explosives, taverns and houses of public entertainment, and hucksters 
in the public streets or markets, and, in granting such license, may 
exact and receive such sum of money as it may think reasonable, 
but no municipal corporation may require of the owner of any prod- 
uct of his own raising, or the manufacturer of any article manufac- 
tured by him, license to vend or sell ip any way, by himself, or agent, 
any such article or product. Such council may confer upon, vest in 
and delegate to the mayor of the corporation, authority to grant, 
issue and revoke licenses (101 v. 37.) 
Sec. 3673. (Further licensing powers of council.) To license 
transient dealers, persons who temporarily open stores or places for 
the sale of goods, wares or merchandise, and each person who, on the 
streets, or traveling from place to place about such municipality, 
sells, bargains to sell, or solicits orders for goods, wares or merchan- 
dise by retail. The granting of such license shall be controlled by the 
provisions of the next preceding section. (90 v. 311.) 
Sec. 3677. (Appropriation of property; street improvements, 
etc.; canal improvements; water supply; change of venue.) Appro- 
priation of property; street improvements; etc.; canal improvements; 
water supply; change of venue. 
Municipal corporations shall have special power to appropriate, 
enter upon and hold real estate within their corporate limits. Such 
power shall be exercised for the purposes, and in the manner pro- 
vided in this chapter. 
1. For opening, widening, straightening, changing the grade of, 
and extending streets, and all other public places, and for this pur- 
pose, the corporation may appropriate the right of way across rail- 
way tracks and lands held by railway companies, where such 
appropriation will not unnecessarily interfere with the reasonable 
use of the property so crossed by such improvement, and for obtain- 196 
ing material for the improvement of streets and other public places; 
2. For parks, park entrances, boulevards, market places and 
children’s playgrounds; 
3. For public halls and offices, and for all buildings and struc- 
tures required for the use of any department; 
4. For prisons, workhouses, houses of refuge and correction, 
and farm schools; 
5. For hospitals, pesthouses, reformatories, crematories and 
cemeteries; 
6. For levees, wharves and landings; 
7. For bridges, aqueducts, viaducts, and approaches thereto; 
8. For libraries, university sites and grounds therefor; 
9. For constructing, opening, excavating, improving or extend- 
ing any canal, or watercourse, located in whole or in part within the 
limits of the corporation or adjacent and contiguous thereto, and 
which is not owned in whole or in part by the state, or by a company 
or individual authorized by law to make such improvement; 
10. For sewers, drains, ditches, public urinals, bath-houses, 
water-closets and sewage and garbage disposal plants and farms; 
11. For natural and artificial gas, electric lighting, heating and 
power plants, and for supplying the product thereof; 
12. For establishing esplanades, boulevards, parkways, park 
grounds, and public reservations in, around and leading to public 
buildings, and for the purpose of reselling such land with reserva- 
tions in the deeds of such resale as to the future use of such lands, 
so as to protect public buildings and their environs, and to preserve 
the view, appearance, light, air and usefulness of public grounds oc- 
cupied by public buildings and esplanades and parkways leading 
thereto; 
13. For providing for a supply of water for itself and its inhabi- 
tants by the construction of wells, pumps, cisterns, aqueducts, water 
pipes, dams, reservoirs, reservoir sites and water-works, and for the 
protection thereof; and to provide for a supply of water for itself 
and its inhabitants, any municipal corporation may appropriate prop- 
erty within or without the limits of the corporation; and for this 
purpose any such municipal corporation may appropriate in the man- 
ner provided in this chapter, any property or right or interest therein, 
theretofore acquired by any private corporation for any purpose by 
appropriation proceedings or otherwise. Either party to such appro- 
priation proceedings shall have the same right to change of venue as 
is now given by law in the trial of civil actions; 
14. For the construction or operation of street, interurban, sub- urban or other railways or terminals and the necessary tracks, way 
stations, depots, terminals, workshops, conduits, elevated structures, 
subways, tunnels, offices, side tracks, turnouts, machine shops, 
bridges, and other appurtenances for the transportation of persons, 
packages, express matter, freight and other matter, in, from, into or 
through the municipal corporation; and for such purpose or pur- 
poses any municipal corporation may appropriate any property within 
or without its corporate limits; any municipal corporation may appro- 
priate any property or right or interest therein theretofore acquired 
by any private or public utility corporation for any purpose by 
appropriate proceedings, as well as the right to cross on, over or 
under any street, avenue, alley, way or public place or part thereof 
of any other municipality, township or county; 
15. For establishing landing fields either within or without the 
limits of a municipality for aircraft and transportation terminals, with 
power to impose restrictions on all or any part thereof and leasing 
such part thereof as may be desired for purposes associated with or 
incident to such aircraft landing and transportation terminals, includ- 
ing the right to appropriate a right of way for highways, electric, 
steam and interurban railroads leading from said landing field to the 
main highways or the main line of such steam, electric or interurban 
railroads, as may be desired; all of which are hereby declared to be 
public purposes, (m v. 47.) 
Sec. 3678. (Appropriation of real estate; cemeteries, damages.) 
In the appropriation of property for any of the purposes named in 
the preceding section, the corporation may, when reasonably neces- 
sary, acquire property outside the limits of the corporation. No land 
shall be purchased for public cemeteries within two hundred yards of 
a dwelling house without the consent, in writing, of the owner of the 
tract of land on which such dwelling house is situated. But any 
municipal corporation shall have the right to appropriate land, for 
the establishment of a cemetery or for the enlargement of any exist- 
ing cemetery, within two hundred yards of any dwelling house, when 
such consent in writing cannot be obtained, by making the owner of 
such dwelling house a party to all proceedings and actions for such 
appropriations; such appropriation shall be made in all respects 
according to the provisions of this chapter, and the amount of dam- 
ages to which such owner will be entitled by reason of locating said 
cemetery within two hundred yards of such dwelling, shall be deter- 
mined by such appropriation proceedings. In such appropriation pro- 
ceedings the damage to the remainder of the land of such owner 
shall be determined and included in the amount of damages, provided, 198 
however, that for the purpose of making a necessary enlargement of 
an existing cemetery, any municipal corporation which shall own, or 
shall acquire by purchase, any lands suitable for such enlargement, 
may devote and use the same for cemetery purposes as such enlarge- 
ment of such existing cemetery, if the said land shall be distant from 
any dwelling house not less than one hundred feet or the width of an 
existing street or alley intervening. The addition of any land across 
a street or public road, as now located or which shall be hereafter 
established, shall not be considered an enlargement of an existing 
cemetery under the provisions of this section. (103 v. 550.) 
Sec. 3679. (Resolution shall be passed.) When it is deemed 
necessary to appropriate property, council shall pass a resolution, 
declaring such intent, defining the purpose of the appropriation, set- 
ting forth a pertinent description of the land, and the estate or 
interest therein desired to be appropriated. For water works pur- 
poses and for the purpose of creating reservoirs to provide for a 
supply of water, the council may appropriate such property as it may 
determine to be necessary. (99 v. 208.) 
Sec. 3698. (Lease or sale of corporate property.) Municipal 
corporations shall have special power to sell or lease real estate or 
to sell personal property belonging to the corporation, when such 
real estate or personal property is not needed for any municipal 
purpose. Such power shall be exercised in the manner provided in 
this chapter. (96 v. 26.) 
Sec. 3714. (Council to have care, supervision and control.) 
Municipal corporations shall have special power to regulate the use 
of the streets, to be exercised in the manner provided by law. The 
council shall have the care, supervision and control of public high- 
ways, streets, avenues, alleys, sidewalks, public grounds, bridges, 
aqueducts, and viaducts, within the corporation, and shall cause them 
to be kept open, in repair, and free from nuisance. (96 v. 26.) 
Sec. 3785. (Maximum of municipal taxes allowable.) The ag- 
gregate of all taxes levied by a municipal corporation, exclusive of 
the levy for county and state purposes, for schools and schoolhouse 
purposes, for free public libraries and library buildings, for university 
and observatory purposes, for hospitals, and for sinking fund and 
interest, on each dollar of valuation of taxable property in the cor- 
poration on the tax list, shall not exceed in any one year ten mills. 
(96 v. 33.) 
Sec. 3812. (Special assessments, how made.) Each municipal 
corporation shall have special power to levy and collect special assess- ments, to be exercised in the manner provided by law. The council of 
any municipal corporation may assess upon the abutting, adjacent 
and contiguous or other specially benefited lots or lands in the 
corporation, any part of the entire cost and expense connected with 
the improvement of qny street, alley, dock, wharf, pier, public road, 
or place by grading, draining, curbing, paving, repaving, repairing, 
constructing sidewalks, piers, wharves, docks, retaining walls, sewers, 
drains, watercourses, water mains or laying of water pipe and any 
part of the cost of lighting, sprinkling, sweeping, cleaning or plant- 
ing shade trees thereupon, and any part of the cost and expense con- 
nected with or made for changing the channel of, or narrowing*, 
widening, dredging, deepening or improving any stream or water- 
course, and for constructing or improving any levee or levees, or 
boulevards thereon, or along or about the same, together with any 
retaining wall, or riprap protection, bulkhead, culverts, approaches, 
flood gates, or waterways or drains incidental thereto, or making 
any other improvement of any river, front or lake front (whether 
such river front or lake front be privately or publicly owned), which 
the council may declare conducive to the public health, convenience or 
welfare, by any of the following methods. 
First: By a percentage of the tax value of the property assessed. 
Second: In proportion to the benefits which may result from 
the improvement, or 
Third: By the foot front of the property bounding and abutting 
upon the improvement. (107 v. 629.) 
Sec. 3812-1. (Service connections; service of notice; penalty.) 
The director of public service in cities and council in villages shall 
have authority to compel the making of sewer and water connections 
as hereinafter provided. Whenever said director in cities or council in 
villages deems it necessary in view of contemplated street paving or 
as a sanitary regulation that sewer or water connections or both be 
constructed, said director in cities or council in villages shall cause 
written notice thereof to be given to the owner of each lot or parcel 
of land to which such connections are to be made, which notice shall 
state the number and character of connections required. The director 
of public service in cities and council in villages shall appoint some 
competent person to serve said notice in the manner provided for the 
service of summons in civil actions and the report of the person 
serving said notice or a certified copy thereof shall be prima facie 
evidence of the service of the notice as therein stated; provided that 
if any of said owners be non-residents of the corporation or can not 
be found, such notice may be given publication twice in one or more 200 
newspapers of general circulation in the municipality. If said con- 
nections are not constructed within twenty days of such service of 
notice or day of first publication thereof, as the case may be, the 
same may be done by the city and the cost thereof, together with a 
penalty of five per cent. (5%), assessed against the lots and lands 
for which such connections are made and said assessments shall be 
certified and collected as other assessments for street improvements. 
No property owner shall be recpiired to construct such connections 
further from the street main or sewer than the inner line of the 
curb. Assessments for such connections, whether levied under au- 
thority of this act or section thirty-eight hundred and twelve of the 
General Code shall not be subject to the limitations prescribed in 
sections thirty-eight hundred and nineteen, thirty-eight hundred and 
twenty, thirty-eight hundred and twenty-one (*) and thirty-eight 
hundred and twenty-two. (101 v. 242.) 
(*) Repealed. 
Sec. 3853. (Construction and care of sidewalks.) The council of 
municipal corporations may provide by ordinance for the construc- 
tion and repair of necessary sidewalks, curbing, or gutters, or parts 
thereof, within the limits of the corporation, and may require by 
imposition of suitable penalties or otherwise, the owners and occu- 
pants of abutting lots and lands to keep the sidewalks, curbing and 
gutters in repair, free from snow or any nuisance. (97 v. 123.) 
Sec. 3871. (City engineer to devise plan of sewerage.) In addi- 
tion to the power herein conferred to construct sewers and levy 
assessments therefor, council of a municipal corporation may provide 
a system of sewerage for such municipal corporation or any part 
thereof. The engineer of such corporation, or some person employed 
by the municipality, shall devise and form, or cause to be devised and 
formed, a plan of the sewerage of the whole corporation, or such 
part thereof as may be designated by the council. Such plan shall be 
devised with regard to the present and prospective needs and inter- 
ests of the whole corporation, and shall be by him reported to the 
council for its confirmation. (96 v. 47.) 
Sec. 3939. (Powers of a municipal corporation.) Each municipal 
corporation in addition to other powers conferred hy law shall have 
power: 
(1) To acquire by purchase or condemnation real estate with 
or without buildings thereon, and easements or interests therein, for 
any lawful purpose; 
(2) To extend, enlarge, reconstruct, repair, equip, furnish or 201 
improve a building or improvement which it is authorized to acquire 
or construct; 
(3) To erect a crematory or provide other means for disposing 
of garbage or refuse, and erect public comfort stations; 
(4) To purchase turnpike roads and make them free; 
(5) To construct wharves and landings on navigable waters; 
(6) To construct infirmaries, workhouses, prisons, police sta- 
tions, houses of refuge and correction, market houses, public halls, 
public offices, municipal garages, repair shops, storage houses and 
warehouses; 
(7) To construct or acquire waterworks for supplying water to 
the corporation and the inhabitants thereof and to extend the water- 
works system outside of the corporation limits; 
(8) To construct or purchase gas works or works for the genera- 
tion and transmission of electricity, for the supplying of gas or elec- 
tricity to the corporation and the inhabitants thereof; 
(9) To provide grounds for cemeteries or crematories, to enclose 
and embelish (*) them, and to construct vaults or crematories; 
(10) To construct sewers, sewage disposal works, flushing tun- 
nels, drains and ditches; 
(11) To construct free public libraries and reading rooms, and 
free recreation centers; 
(12) To establish free public baths and municipal lodging houses; 
(13) To construct monuments or memorial buildings to com- 
memorate the services of soldiers, sailors and marines of the state 
and nation; 
(14) To provide land for and improve parks, boulevards and 
public playgrounds; 
(15) To construct hospitals and pest houses; 
(16) To open, construct, widen, extend, improve, resurface or 
change the line of any street or public highway; 
(17) To construct and improve levees, dams, wasteways, water- 
fronts and embankments and improve any water course passing 
through the corporation; 
(18) To construct or improve viaducts, bridges and culverts; 
(19) To construct any building necessary for the police or fire 
department, purchase fire engines or fire boats, to construct water 
towers or fire cisterns and to place underground the wires or signal 
apparatus of any police or fire department; 
(20) To construct any municipal ice plant for the purpose of 
manufacturing ice for the citizens of a municipality; 
(*) Should this read “embellish”? 202 
(21) To construct subways under any street or boulevard or else- 
where ; 
(22) To purchase, lease or condemn land and/or air rights neces- 
sary for landing fields, either within or without the limits of a munic- 
ipality, for aircraft and transportation terminals and uses associated 
therewith or incident thereto, and the right of way for connections 
with highways, waterways, electric, steam and interurban railroads, 
and to improve and equip the same with structures necessary or 
appropriate for such purposes. 
(23) To acquire by gift, purchase, lease or condemnation, land and 
forest and water rights necessary for conservation of forest reserves and 
water parks or reservoirs, either within or without the limits of the 
municipality, and to improve and equip the forest and water parks 
with structures, equipment and reforestation necessary or appropriate 
for any purpose whatsoever for the utilization of any or all the for- 
est and water benefits that may properly accrue therefrom to said 
municipality. (115 v. 187.) 
Sec. 3955. (General powers of council.) The council of a 
municipality may take possession of any land obtained for the construction 
or extension of water works, reservoirs, or the laying down of pipe, and 
also any water rights or easements connected with the use of water. Any 
land, water right, or easement so taken possession of for water works 
purposes shall not be used for any other purpose, except by authority of 
the director of public service and consent of the council. (R. S. Sec. 
2407.) 
Sec. 3959. (Disposition of surplus; how taxes applied.) After 
paying the expenses of conducting and managing the water works, any 
surplus therefrom may be applied to the repairs, enlargement or extension 
of the works or of the reservoirs, the payment of the interest of any loan 
made for their construction or for the creation of a sinking fund for the 
liquidation of the debt. Provided, however, that in those cities where 
water works and, sewerage systems are conducted as a single unit under 
one operating management a sum not to exceed ten per centum of the 
gross revenue of the water works for the preceding year may be taken 
from any surplus remaining after all of the preceding purposes have been 
cared for and may be used for the payment of the cost of maintenance, 
operation and repair of the sewerage system and sewage pumping, treat- 
ment and disposal works and for the enlargement or replacement of the 
same, provided, however, that each year a sum equal to five per centum 
of the gross revenue of the preceding year be first retained from said 
surplus as a reserve for water works purposes. 
The amount authorized to be levied and assessed for water works 203 
purposes shall be applied by the council to the creation of the sinking 
fund for the payment of the indebtedness incurred for the construction 
and extension of water works and for no other purpose whatever. 
(120 v. H. 86. Eff. August 14, 1943.) 
Sec. 3982. (Council may regulate price of electric light, gas and 
water.) The council of a municipality in which electric lighting 
companies, natural or artificial gas companies, gas light or coke companies, 
or companies for supplying water for public or private consumption, are 
established, or into which their wires, mains or pipes are conducted, may 
regulate from time to time the price which such companies may charge 
for electric light, or for gas for lighting or fuel purposes, or for water 
for public or private consumption, furnished by such companies to the 
citizens, public grounds, and buildings, streets, lanes, alleys, avenues, 
wharves, and landing places, or for fire protection. Such companies shall 
in no event charge more for electric light, natural or artificial gas, or 
water, furnished to such corporation or individuals, than the price speci- 
fied by ordinance of council. The council may regulate and fix the price 
which such companies shall charge for the rent of their meters, and such 
ordinance may provide that such price shall include the use of meters 
to be furnished by such companies, and in such case meters shall be 
furnished and kept in repair by such companies and no separate charge 
shall be made, either directly or indirectly, for the use or repair of 
them. (R. S. Sec. 2478.) 
Sec. 4021. (Council may levy tax to compensate free public 
hospital.) The council of each municipality, annually, may levy and 
collect a tax not to exceed one mill on each dollar of the taxable 
property of the municipality and pay the amount to a private cor- 
poration or association which maintains and furnishes a free public 
hospital for the benefit of the inhabitants of the municipality, or not 
free except to such inhabitants of the municipality as in the opinion 
of a majority of the trustees of such hospital are unable to pay. Such 
payment shall be as and for compensation for the use and mainte- 
nance of such hospital. Without change or interference in the or- 
ganization of such corporation or association, the council shall re- 
quire the treasurer thereof, annually to make a financial report set- 
ting forth all of the money and property which has come into its 
hands during the preceding year and the disposition thereof, together 
with any recommendations as to its future necessities. (98 v. 123.) 
Sec. 4065-1. (Cities, villages and counties may maintain and 
operate playgrounds, gymnasiums, public baths, recreation centers.) 
That the council or other legislative authority of any city, or village, 
or the county commissioners of any county, may designate and set 204 
apart for use as playgrounds, playfields, gymnasiums, public baths, 
swimming pools, or indoor recreation centers, any lands or buildings 
owned by such city, village or county, and not dedicated or devoted 
to other public use. Such city, village or county may, in such man- 
ner as may be authorized or provided by law for the acquisition of 
land or buildings for public purposes in such city, village or county, 
acquire lands or buildings therein for use as playgrounds, playfields, 
gymnasiums, public baths, swimming pools, or indoor recreation 
centers. (109 v. 609.) 
Sec. 4154. (Council to provide cemeteries.) The council may 
provide places for the interment of the dead outside of the cor- 
porate limits, and the police powers of the corporation shall extend 
to those places. (66 v. 210.) 
Sec. 4155. (Powers of council as to cemeteries.) The council 
of a municipality owning a public burial ground or cemetery, whether 
within or without the corporation, may pass and provide for the en- 
forcement of ordinances necessary to carry into effect the provisions 
of this chapter, and regulate such public burial grounds and ceme- 
teries, the improvement thereof, the burial of the dead therein, define 
the tenure and conditions on which lots therein shall be held and pro- 
tect such burial grounds and cemeteries and all fixtures thereon. 
(70 v. 274.) 
Sec. 4157. (Burials may be prohibited within corporate limits.) 
Council may prohibit the interment of the dead within the corpora- 
tion limits, and, for the purpose of making such prohibition effec- 
tive, may not only impose proper fines and penalties, but shall also 
have power to cause any body, interred contrary thereto, to be taken 
up and buried without the limits of the corporation. (66 v. 214.) 
Sec. 4224. (Ordinances and resolutions; how adopted.) The 
action of council shall be by ordinance or resolution, and on the 
passage of each ordinance or resolution the vote shall be taken by 
“yeas” and “nays” and entered upon the journal, but this shall not 
apply to the ordering of an election, or direction by council to any 
board or officer to furnish council with information as to the affairs 
of any department or office. No by-law, ordinance or resolution of 
a general or permanent nature, or granting a franchise, or creating 
a right, or involving the expenditure of money, or the levying of a 
tax, or for the purchase, lease, sale, or transfer of property, shall be 
passed, unless it has been fully and distinctly read on three different 
days, and with respect to any such by-law, ordinance or resolution, 
there shall be no authority to dispense with this rule, except by a 205 
three-fourths vote of all members elected thereto, taken by yeas and 
nays, on each by-law, resolution or ordinance, and entered on the 
journal. No ordinance shall be passed by council without the con- 
currence of a majority of all members elected thereto. (96 v. 82.) 
Sec. 4225. (Style of ordinances.) The style of all ordinances 
shall be, “Be it ordained by the council of the city (or village, as the 
case may be) of , state of Ohio,” (filling the 
blank with the name of the city or village), (96 v. 61.) 
Sec. 4226. (Subject and amendment of by-laws, ordinances and 
resolutions.) No ordinance, resolution or by-law shall contain more 
than one subject, which shall be clearly expressed in its title. No 
by-law or ordinance, or section thereof, shall be revived or amended, 
unless the new by-law or ordinance contains the entire by-law or 
ordinance, or section revived or amended, and the by-law or ordi- 
nance, section or sections so amended shall be repealed. Each such 
by-law, resolution and ordinance shall be adopted or passed by a 
separate vote of the council and the yeas and nays shall be entered 
upon the journal. (96 v. 82.) 
Sec. 4227. (Authentication and recording; when to take effect.) 
Ordinances, resolutions and by-laws shall be authenticated by the 
signature of the presiding officer and clerk of the council. Ordinances 
of a general nature, or providing for improvements shall be pub- 
lished as hereinafter provided before going into operation. No ordi- 
nance shall take effect until the expiration of ten days after the first 
publication of such notice. As soon as a by-law, resolution or ordi- 
nance is passed and signed, it shall be recorded by the clerk in a 
book to be furnished by the council for the purpose. (96 v. 82.) 
Sec. 4228. (Publication of ordinances, resolutions, etc.; proof 
of publication and circulation.) Unless otherwise specifically directed 
by statute, all municipal ordinances, resolutions, statements, orders, 
proclamations, notices and reports, required by law or ordinance to 
be published, shall be published as follows: In two English news- 
papers of opposite politics published and of general circulation in such 
municipality, if there be such newspapers; if two English newspapers 
of opposite politics are not published and of general circulation in 
such municipality, then in one such political newspaper and one other 
English newspaper published and of general circulation therein; if no 
English newspaper is published and of general circulation in such 
municipality, then in any English newspaper of general circulation 
therein or by posting as provided in section forty-two hundred thirty- 
two of the General Code; at the option of council. Proof of the pub- 206 
lication and required circulation of any newspaper used as a medium 
of publication hereunder shall be made by affidavit of the proprietor 
of either of such newspapers, and shall be filed with the clerk of 
council, (112 v. 159.) 
Sec. 4229. (Times of publication required.) The publication re- 
quired in section forty-two hundred and twenty-eight of the Gen- 
eral Code, shall be for the following times: Ordinances, resolutions 
and proclamations of elections, once a week for two consecutive 
weeks; notices not less than two nor more than four consecutive 
weeks; all other matters shall be published once. (106 v. 494.) 
Sec. 4230. (When publication in book form sufficient.) When 
ordinances are revised, codified, rearranged and published in book 
form and certified as correct by the clerk of council and the mayor, 
such publication shall be a sufficient publication, and the ordinance 
or several ordinances so published in book form, under appropriate 
titles, chapters and sections, shall be held the same in law as though 
they had been published in a newspaper or newspapers. A new ordi- 
nance so published in book form, which has not been published ac- 
cording to law, and which contains entirely new matter shall be 
published as heretofore required by law, provided however, that 
prior to the thirty-first day of December, 1944, if such revision or 
codification is made by a village, and the same contains new matter, 
it shall be a sufficient publication of such codification, including such 
new matter, to publish, in the manner required by law as to the 
enactment of ordinances, a notice of the enactment of such codifying 
ordinance, containing the title of such ordinance and a summary of 
the new matters covered by the same. Such revision and codification 
may be made under appropriate titles, chapters and sections and in 
one ordinance containing one or more subjects. 
Except as herein provided, all ordinances shall be published ac- 
cording to law. (120 v. H. 430. Eff. September 16, 1943.) 
Sec. 4231. (Certificate of clerk as to publication.) Immediately 
after the expiration of the period of such publication, the clerk shall 
enter on the record of ordinances, in a blank to be left for such pur- 
pose, under the recorded ordinance, a certificate stating in which 
newspaper and of what dates such publication was made, and sign 
his name thereto officially, and such certificate shall be prima facie 
evidence that legal publication of such ordinance has been made. 
(R. S. 1696.) 
Sec. 4233. (Effect of not making publication.) It shall be deemed 
a sufficient defense to any suit or prosecution under an ordinance, to 207 
show that no such publication or posting as herein required was 
made. (R. S. 1698.) 
Sec. 4235. (How by-laws and ordinances received as evidence.) 
The printed copies of the by-laws or ordinances of a corporation, 
published under its authority, and transcripts of any by-laws, resolu- 
tions, or ordinances, or of any act or proceeding of a municipal cor- 
poration, recorded in any book, or entered on any minutes or journal, 
kept under the direction of such corporation, and certified by its clerk, 
shall be received in evidence, through the state, for any purpose for 
which the original books, ordinances, minutes, or journals would be 
received. (R. S. 1699.) 
Sec. 4245-1. (Notice to owner to cut noxious weeds; service.) 
Upon written information that noxious weeds are growing on lands 
in a municipality, and are about to spread or mature seeds, the coun- 
cil of such municipality shall cause a written notice to be served upon 
the owner, lessee, agent or tenant having charge of such land notify- 
ing him that said noxious weeds are growing on such lands and that 
they must be cut and destroyed within five days after the service of 
such notice. If such owner or other person having charge of such 
lands is a non-resident whose address is known, such notice shall be 
sent to his address by registered mail; if the address of such owner 
is unknown, it shall be sufficient to publish such notice once in a 
newspaper of general circulation in the county. (109 v. 355.) 
Sec. 4245-2. (Fees for service and return.) A marshal, or any 
police officer, clerk of council or clerk of a city or village, or his 
deputy, may make service and return of the notice provided for in 
the next preceding section and the fees therefor shall be the same as 
are allowed for service and return of summons in civil cases before 
a magistrate. (109 v. 355.) 
Sec. 4245-3. (Procedure when owner fails to comply with no- 
tice.) If the owner, lessee, agent or tenant having charge of the 
lands mentioned in section 1 herein, fails to comply with such notice, 
the council of such municipality shall cause said noxious weeds to 
be cut and destroyed and may employ the necessary labor to carry 
out the provisions of this section. All expenses incurred shall, when 
approved by the council, be paid out of any money in the treasury 
of the municipality not otherwise appropriated. (109 v. 355-) 
Sec. 4245 4. (Written return to county auditor; amount a lien 
upon property.) The council of a municipality shall make a written 
return to the county auditor of their county of their action under 
the next three preceding sections with a statement of the charges 208 
for their services, the amount paid for the performing of such labor 
and the fees of the officers who made the service of the notice and 
return and a proper description of the premises. Such amounts, 
when allowed, shall be entered upon the tax duplicate and be a lien 
upon such lands from and after the date of the entry and be col- 
lected as other taxes and returned to the municipality with the gen- 
eral fund. (109 v. 356.) 
Sec. 4404. (Board of health established, etc., in cities; mem- 
bers.) Unless an administration of public health different from that 
specificially provided in this section has been established and main- 
tained under authority of its charter prior to the effective date of 
this act, the council of each city constituting a city health district, 
shall establish a board of health, composed of five members to be 
appointed by the mayor and confirmed by the council, to serve with- 
out compensation, and a majority of whom shall be a quorum. The 
mayor shall be president by virtue of his office. (119 v. 551.) 
NOTE: By the provisions of G. C. 1261-30 a district board of health shall 
exercise all the powers and perform all the duties now conferred and imposed by 
law upon the board of health of a municipality. 
Sec. 4405. (If council fails to establish board of health, com- 
missioner of health may appoint health commissioner.) If any such 
city fails or refuses to establish a board of health the state com- 
missioner of health, with the approval of the public health council, 
may appoint a health commissioner therefor, and fix his salary and 
term of office. Such health commissioner shall have the same powers 
and perform the duties granted to or imposed upon boards of health, 
except that rules, regulations or orders of a general character and 
required to be published made by such health commissioner shall be 
approved by the state commissioner of health. The salary of the 
health commissioner so appointed, and all necessary expenses in- 
curred by him in performing the duties of the board of health shall 
be paid by and be a valid claim against such municipality. (108 v. 
Pt. 2, 1092.) 
Sec. 4406. (Term of office of members.) The term of office 
of the members of the board shall be five years from the date of 
appointment, and until their successors are appointed and qualified, 
except that those first appointed shall be classified as follows: One 
to serve for five years, one for four years, one for three years, one 
for two years, and one for one year, and thereafter one shall be 
appointed each year. (95 v. 643.) 
Sec. 4407. (President pro tem; meetings.) The board of health 
in municipalities shall elect one of their number president pro tem 209 
who shall preside in the absence of the mayor, and shall do and 
perform all duties incumbent upon the president. The board shall 
meet for the transaction of business at least once in each calendar 
month, and as much oftener as is necessary for the prompt and 
thorough transaction of its business. Special meetings of the board 
shall be called by the president or three members thereof. (95 v. 423.) 
Sec. 4408. (Appointment of health commissioner and other em- 
ployes.) In any city health district, the board of health or person or 
persons performing the duties of a board of health shall appoint for 
whole or part time service a health commissioner and may appoint 
such public health nurses, clerks, physicians, and other persons as 
they deem necessary. (108 v. Pt. 2, 1092.) 
NOTE: For civil service provisions see G. C. 486-19. 
Sec. 4409. (Duties of secretary and board in keeping records.) 
The secretary of the board shall keep a full and accurate record of 
the proceedings of the board together with a record of diseases re- 
ported to the health commissioner and on termination of his office 
shall turn over to his successor, books, records, papers and other 
matter belonging to the board. Each board of "health, or person or 
persons performing the duties of the board of health shall procure 
suitable books, blanks, and other things necessary to the transaction 
of its business. Such records shall be kept as are required by the 
state commissioner of health and such forms shall be used as he may 
prescribe. (108 v. Pt. 1, 248.) 
Sec. 4410. (Medical care of sick poor.) The board of health 
shall care for the sick poor and each person quarantined when such 
person is unable to pay for care and treatment, and for all persons 
sent to the municipal detention hospital when such persons are un- 
able to pay for care and treatment. (108 v. Pt. 1, 248.) 
Sec. 44ii. (Appointment of sanitary officers and public health 
nurses.) The board may also appoint as many persons for sanitary 
duty as in its opinion the public health and sanitary conditions of the 
health district require, and such persons shall have general police 
powers and be known as sanitary police. The board may also appoint 
as many persons for public health nurse duty as in its opinion the 
public health and sanitary conditions of the health district require, 
and such persons shall be registered nurses and shall be known as 
public health nurses. The council may determine the maximum num- 
ber of sanitary police and public health nurses so to be appointed. 
(n6 v. 173.) 
Sec. 4411-1. (Salaries.) The board shall determine the duties 210 
and fix the salaries of its employes; but no member of the board of 
health shall be appointed as health officer or ward physician. (103 
v. 436.) 
Sec. 4412. Repealed. (103 v. 713.) 
Sec. 4413. Orders and regulations; how published; emergency 
orders and regulations.) The board of health of a city may make 
such orders and regulations as it deems necessary for its own gov- 
ernment, for the public health, the prevention or restriction of dis- 
ease, and the prevention, abatement or suppression of nuisances. 
Orders and regulations not for the government of the board, but in- 
tended for the general public shall be adopted, advertised, recorded 
and certified as are ordinances of municipalities and the record there- 
of shall be given, in all courts of the state, the same force and effect 
as is given such ordinances. Provided, however, that in cases of 
emergency caused by epidemic of contagious or infectious diseases, 
or conditions or events endangering the public health, such boards 
may declare such orders and regulations to be emergency measures, 
and such orders and regulations shall become immediately effective 
without such advertising, recording and certifying. (108 v. Pt. 2, 
1092.) 
Sec. 4414. (Penalty for violations.) Whoever violates any pro- 
vision of this chapter, or any order or regulation of the board of 
health made in pursuance thereof, or obstructs or interferes with 
the execution of such order, or wilfully or illegally omits to obey 
such order, shall be fined not to exceed one hundred dollars or im- 
prisoned for not to exceed ninety days, or both, but no person shall 
be imprisoned under this section for the first offense, and the prosecu- 
tion shall always be as and for a first offense, unless the affidavit 
upon which the prosecution is instituted, contains the allegation that 
the offense is a second or repeated offense. (95 v. 424.) 
NOTE: For penalty for exposing another person to communicable disease see 
G. C. 12785 and 12786. 
Sec. 4415. (Violation by a corporation.) If such violation, ob- 
struction, interference or omission be by a corporation, it shall for- 
feit and pay to the proper municipality a sum not to exceed three 
hundred dollars, to be collected in a civil action brought in the name 
of the municipality. Any officer of such corporation having authority 
over the matter, and permitting such violation, shall be subject to 
fine or imprisonment, or both, as heretofore provided. The judgment 
herein authorized being in the nature of a penalty, or exemplary 
damage, no proof of actual damages shall be required, but the court 
or jury, finding other facts to justify recovery, shall determine the 211 
amount by reference to all the facts, culpatory, exculpatory, or ex- 
tenuating, adduced upon the trial. (95 v. 424.) 
Sec. 4416. (Prosecution; how instituted.) Prosecutions under 
this chapter and the civil action provided for in the preceding section, 
shall be instituted before a justice of the peace within the county, 
or justice of the peace, mayor or police judge of the municipality 
where the offense was committed, or the offending person resides. 
(95 v. 425-) 
Sec. 4417. (Trial by jury.) If imprisonment is or may be a 
primary penalty, the court shall, after plea of not guilty, unless a 
trial by jury is waived, issue a venire to any constable of the county, 
containing the names of sixteen electors residing within the county, 
to serve as jurors to try such cause. Each party shall be entitled to 
two peremptory challenges, and challenges for cause in all particu- 
lars, as in criminal cases in the court of common pleas. If the six- 
teen names are exhausted without obtaining a panel of twelve, the 
court may direct the constable to summon any of the bystanders to 
fill the panel to twelve, or on demand shall issue other venires for 
four electors at a time, until the panel of twelve is full. (95 v. 425.) 
Sec. 4418. (Fines and costs.) In prosecutions under this chap- 
ter, no deposit for costs shall be recpiired. A judgment or verdict 
of guilty shall be immediately followed by sentence and execution 
thereof, unless suspended pending the preparation and allowance of 
a bill of exceptions. All fines collected under this chapter shall be 
paid to the treasurer of the municipality and credited to the sanitary 
fund of the board of health instituting the prosecution. No fine im- 
posed in any prosecution under this section shall be remitted by the 
magistrate before whom the complaint is made. (95 v. 425.) 
Sec. 4419. (Vital statistics.) The board of health may create a 
complete and accurate system of registration of births, marriages, 
deaths, and interments occurring within its jurisdiction for the pur- 
pose of legal and genealogical investigations, and to furnish facts 
for statistical, scientific or sanitary inquiries. (95 v. 425.) 
NOTE: For statutes relating to the registration of vital statistics see G. C. 
1261-4-1 to 1261-68, both inclusive. 
Sec. 4420. (Abatement of nuisances.) The board of health shall 
abate and remove all nuisances within its jurisdiction. It may by 
order therefor compel the owners, agents, assignees, occupants, or 
tenants of any lot, property, building or structure to abate and re- 
move any nuisance therein, and prosecute them for neglect or refusal 
to obey such orders. Except in cities having a building department, 212 
or otherwise exercising the power to regulate the erection of build- 
ings, the board of health may fegulate the location, construction and 
repair of water-closets, privies, cesspools, sinks, plumbing and drains. 
In cities having such departments or exercising such power, the 
council by ordinance shall prescribe such rules and regulations as are 
approved by the board of health, and shall provide for their enforce- 
ment. (98 v. 188.) 
NOTE: See also G. C. 12646. 
Sec. 4421. (Other powers of the board.) The board of health 
may also regulate the location, construction and repair of yards, 
pens and stables, and the use, emptying and cleaning thereof, and of 
water-closets, privies, cesspools, sinks, plumbing, drains, or other 
places where offensive or dangerous substances or liquids are or may 
accumulate. When a building, erection, excavation, premises busi- 
ness, pursuit, matter or thing, or the sewerage, drainage, plumbing, 
or ventilation thereof is, in the opinion of the board of health, in a 
condition dangerous to life or health, and when a building or struc- 
ture is occupied or rented for living or business purposes and sanitary 
plumbing and sewerage are feasible and necessary, but neglected or 
refused, the board of health may declare it a public nuisance and 
order it to be removed, abated, suspended, altered, or otherwise im- 
proved or purified by the owner, agent or other person having control 
thereof, or responsible for such condition, and may prosecute them 
for the refusal or neglect to obey such order. The board may also, 
by its officers and employes, remove, abate, suspend, alter, or other- 
wise improve or purify them and Certify the costs and expense 
thereof to the county auditor, to be assessed against the property, 
and thereby made a lien upon it and collected as other taxes. (98 
v. 188.) 
Sec. 4422. (Proceedings where order of board is neglected or 
disregarded.) When such order of the board of health is neglected 
or disregarded, in whole or in part, the board may elect to cause 
the arrest and prosecution of all persons offending, or may elect to 
do and perform, by its officers and employes, what the offending 
party should have done. If the latter course is chosen, before the 
execution of the order of the board is begun, it shall cause a citation 
to issue, and be served upon the persons responsible, if residing 
within the jurisdiction of the board, but if not, shall cause it to be 
mailed by registered letter to such person, if the address is known 
or can be found by ordinary diligence. If the address cannot be 
found, the board shall cause the citation to be left upon the premises, 
in charge of any person residing thereon, otherwise it shall be posted conspicuously thereon. The citation shall briefly recite the cause of 
complaint, and require the owner or other person or persons respon- 
sible to appear before the board at a time and place stated, or as 
soon thereafter as a hearing can be had, and show cause, if any, why 
the board should not proceed and furnish the material and labor 
necessary to, and remove the cause of complaint. (95 v. 426.) 
Sec. 4423. (Further proceedings.) If the person or persons 
cited appear, he or they shall be fully apprised of the cause of com- 
plaint and given a fair hearing. The board shall then make such 
order as it deems proper, and if material or labor is necessary to 
satisfy the order, and the person or persons cited promise, within a 
definite and reasonable time, to furnish them the board shall grant 
such time. If no promise is made, or kept, the board shall furnish 
the material and labor, cause the work to be done, and certify the 
cost and expense to the auditor of the county. If the material and 
labor are itemized, and the statement is accompanied by the cer- 
tificate of the president of the board, attested by the clerk, reciting 
the order of the board, and that the amount is correct, the auditor 
shall have no discretion, but shall place the sum against the property 
upon which the material and labor were expended, which shall, from 
the date of entry, be a lien upon the property, and be paid as other 
taxes are paid. (95 v. 426.) 
Sec. 4424. (Nuisance or insanitary conditions on school prop- 
erty may be corrected.) The board of health shall abate all nuisances 
and may remove or correct all conditions detrimental to health or 
well-being found upon school property by serving an order upon the 
board of education, school board or other person responsible for such 
property, for the abatement of such nuisance or condition within a 
reasonable but fixed time. A person failing to comply with such 
order, unless good and sufficient reason therefor is shown, shall be 
fined not to exceed one hundred dollars. The board may appoint such 
number of inspectors of schools and school buildings as it deems 
necessary to properly carry out these provisions. (95 v. 433.) 
Sec. 4425. (Quarantine regulations.) In time of epidemic or 
threatened epidemic, or when a dangerous communicable disease is 
unusually prevalent, the board of health after a personal investiga- 
tion by the members or executive officer thereof to establish the 
facts in the case, and not otherwise, may impose a quarantine on 
vessels, railroads, stages, or other public or private vehicles convey- 
ing persons, baggage or freight, or used for such purpose. It may 
make and enforce such rules and regulations as such board deems 
wise and necessary for the protection of the health of the people of 214 
the community or state, but the running of any train or car on any 
steam or electric railroad, or of steamboats, vessels or other public 
conveyances shall not be prohibited. A true copy of such quarantine 
rules and regulations adopted by such board of health, shall be im- 
mediately furnished by it to the state board of health, and there- 
after no change shall be made except by the order of the state board 
of health or by the local board to meet a new and sudden emergency. 
(96 v. 80.) 
Sec. 4426. (When approval of state board necessary.) The 
board of health shall not close public highways, prohibit travel there- 
on, interfere with public officers in the discharge of their official 
duties not afflicted with or directly exposed to a contagious or in- 
fectious disease, nor establish a quarantine of, one city, village or 
township against another city, village or township, as such, without 
permission first obtained from the state board of health and under 
regulations established by the state board. (96 v. 80.) 
Sec. 4427. (Duty to give notice of prevalence of infectious 
diseases.) Each physician or other person called to attend a person 
suffering from smallpox, cholera, plague, yellow fever, typhus fever, 
diphtheria, membranous croup, scarlet fever, or typhoid fever, or any 
other disease dangerous to the public health, or required by the state 
board of health to be reported, shall report to the health officer 
within whose jurisdiction such person is found, the name, age, sex 
and color of the patient, and the house and place in which such per- 
son may be found. In like manner, the owner or agent of the 
owner of a building in which a person resides who has any of the 
diseases herein named or provided against, or in which are the re- 
mains of a person having died of any such disease, and the head of 
the family, immediately after becoming aware of the fact, shall give 
notice thereof to the health officer. (95 v. 427.) 
NOTE; For reports of occupational diseases see G. C. 1243-1 et seq. 
NOTE: For reports of inflammation of the eyes see G. C. 1248-1 et seq., also 
G. C. 12787. 
Sec. 4428. (Duty of board thereafter.) When complaint is made 
or a reasonable belief exists that an infectious or contagious disease 
prevails in a house or other locality which has not been so reported, 
the board shall cause such house or locality to be inspected by its 
health officer, and on discovering that such infectious or contagious 
disease exists, the board may, as it deems best, send the person so 
diseased to a quarantine hospital or other place provided for such 
persons, or may restrain them and others exposed within such house 215 
or locality from intercourse with other persons, and prohibit ingress 
and egress to or from such premises. (95 v. 427.) 
NOTE: For penalty for appearance in a public place of person suffering with 
a contagious disease, and for unlawful disposal of infected property, see sections 
12785 and 12786. 
Sec. 4429. (Communicable diseases to be quarantined.) When 
a case of smallpox, cholera, plague, yellow fever, typhus fever, diph- 
theria, membranous croup, scarlet fever or other communicable dis- 
eases declared by the board of health or state department of health 
to be quarantinable is reported within its jurisdiction, the board of 
health shall at once cause to be placed in a conspicuous position on 
the house wherein such disease occurs a quarantine card having 
printed on it in large letters the name of the disease within, and pro- 
hibit entrance to or exit from such house without written permission 
from the board of health, or shall enforce such restrictive measures 
as may be prescribed by the state department of health. No person 
shall remove, mar, deface, or destroy such quarantine card, which 
shall remain in place until after the patient has been removed from 
such house, or has recovered and is no longer capable of communicat- 
ing the disease, and the house and the contents thereof have been 
properly purified and disinfected by the board of health or treated 
in such manner as may be prescribed by the state department of 
health. (108 v. Pt. 1, 249.) 
Sec. 4430. (Physicians to use precautionary measures; quaran- 
tine regulations, to whom they apply.) Each physician attending a 
person affected with any such disease shall use such precautionary 
measures to prevent the spread of the disease as is required by the 
board of health. No person quarantined by a board of health on 
account of having a contagious disease or for having been exposed 
thereto, shall leave such quarantined house or place without the 
written permission of the board of health, and where other inmates 
of such house have been exposed to and are liable to become ill of 
any such diseases, for such period thereafter as may be prescribed in 
the rules and regulations of the state department of health. (108 v. 
Pt. 1, 249.) 
Sec. 4431. (Board may employ guards.) The board of health 
may employ as many persons as it deems necessary to execute its 
orders and properly guard any house or place containing any person 
or persons affected with any of the diseases named herein, or who 
have been exposed thereto, and such persons shall be sworn in as 
quarantine guards, shall have police powers, and may use all neces- 
sary means to enforce the provisions of this chapter for the preven- 216 
tion of contagious or infectious disease, or the orders of any board 
of health made in pursuance thereof. (95 v. 427.) 
Sec. 4432. (Disinfection of house in which has been contagious 
disease.) When a person affected with smallpox, yellow fever, typhus 
fever, diphtheria, membranous croup, or scarlet fever, has recovered 
and is no longer liable to communicate the disease to others, or has 
died, the physician shall furnish to the proper board of health a 
certificate of such recovery or death, and as soon thereafter as the 
board deems it advisable, its health officer or other person appointed 
for the purpose shall thoroughly disinfect and purify the house and 
contents thereof in which such person has been ill or has died, which 
disinfection and purification shall be done in accordance with the 
rules and regulations adopted and promulgated by the state board 
of health. (97 v. 540.) 
Sec. 4433. (Disinfection upon request; expenses.) Upon the 
report of the owner or occupant of a dwelling house, or the head 
of a family, the board of health shall purify and disinfect any room 
which has been occupied by any person suffering from pulmonary 
tuberculosis, commonly called consumption, or room in which any 
person has died from such disease. The local board of health may 
purchase such disinfecting apparatus and supplies as it deems neces- 
sary for such purpose. The expenses of disinfection shall be paid 
by the local board of health. (97 v. 540.) 
Sec. 4434. (Destruction of infected property.) Such board may 
destroy any infected clothing, bedding, or other article which cannot 
be made safe by disinfection, and shall furnish to the owner thereof 
a receipt, of which it shall keep a full and accurate copy, for articles 
so destroyed, which receipt shall show the number, character, condi- 
tion and estimated value of the articles destroyed. When a building, 
hut, or other structure has become infected with smallpox or other 
dangerous communicable disease, and cannot, in the opinion of the 
board of health, be made safe by disinfection the board may have such 
building, hut. or other structure appraised and destroyed. (97 v. 54°-) 
Sec. 4435. (Compensation for property destroyed.) The council 
of the municipality, upon the presentation of the original receipt or 
written statement of the appraisers for articles or houses so de- 
stroyed, shall pay to the owner thereof, or other person authorized 
by the owner to receive it. the estimated value of such destroyed 
articles, or such sum as the council deems just compensation there- 
for, and in the event the owner is not satisfied with the amount so 
allowed he may sue for the value thereof. (97 v. 540.) 217 
Sec. 4436. (Board of health to provide for persons quarantined; 
expenses, by whom paid.) When a house or other place is quaran- 
tined on account of contagious diseases, the board of health having 
jurisdiction shall provide for all persons confined in such house or 
place, food, fuel, and all other necessaries of life, including medical 
attendance, medicine and nurses when necessary. The expenses so 
incurred, except those for disinfection, quarantine or other measures 
strictly for the protection of the public health, when properly certi- 
fied by the president and clerk of the board of health, or health officer 
where there is no board of health, shall be paid by the person or per- 
sons quarantined, when able to make such payment, and when not, 
by the municipality or township in which quarantined. (108 v. Pt. 1, 
249.) 
Sec. 4436-1. (Contagious or infectious disease in work camp.) 
That any person, partnership, or corporation, that maintains any 
work camp, shall pay to any city, village, township or county in 
which said work camp is maintained, any and all expenses caused by 
any contagious or infectious disease which shall originate or exist 
in said work camp. (101 v. 260.) 
Sec. 4437. (Persons from quarantined house not to attend 
school.) No person residing in or occupying a house in which a per- 
son is suffering from smallpox, cholera, plague, typhus fever, diph- 
theria, membranous croup, scarlet fever or other dangerous con- 
tagious disease, shall be permitted to attend any public, private or 
parochial school or college or Sunday school, or any other public 
gathering, until the quarantine provided in such diseases has been 
removed by the board of health. All school principals, Sunday school 
superintendents, or other persons in charge of such schools, are here- 
by required to exclude any and all such persons until they present a 
written permit of the board of health to attend or re-enter such 
schools. (108 v. Pt. 1, 250.) 
NOTE: For penalty for exposing another person to communicable disease see 
G. C. 12785 and 12786. 
Sec. 4438. (Proceedings when indigent person quarantined in 
county when other than county of legal settlement.) When a person 
with a contagions disease, quarantined in a county by a city or gen- 
eral health district has a legal settlement in another county of the 
state, and such person is unable to pay the expenses of such service, 
the city or general health district rendering such service shall notify 
in writing the county commissioners of the county of legal settle- 
ment that such services are being rendered. Such written notice shall be sent within three days if the fact of non-residence is dis- 
closed upon the beginning of such service or admission to a hospital 
or other institution of quarantine, or within three days after the dis- 
covery of such fact if the same be not disclosed as above. Within 
twenty days after the discharge of such quarantined person, the 
health commissioner of the city or general health district shall send 
a notice of such discharge and a sworn statement of the expenses, 
either actual or at the established rate of the hospital or other insti- 
tution of quarantine, to the commissioners of the county of legal 
settlement. Thereupon the county of legal settlement shall be liable 
to the city or general health district rendering such service, and shall 
pay for the same within thirty days after date of the sworn state- 
ment of expenses. If the notice of the rendering of such service, re- 
quired to be sent by the health commissioner, be not sent within 
three days after the disclosure by the person quarantined, or the dis- 
covery of such non-residence, the county of legal settlement shall be 
liable only after the receipt of such notice. Nothing herein contained 
shall prevent the removal of such quarantined person by the county 
of legal settlement, at its expense, but such removal shall not relieve 
the county of legal settlement for the expenses theretofore incurred 
by the city or general health district in which such person has been 
quarantined. Any such person who does not, upon discharge, pay 
the expenses of such quarantine, shall, for the purposes of this act, 
be deemed indigent insofar as the city or general health district is 
concerned. The county of legal settlement is hereby subrogated to 
all the rights of the city or general health district in which such 
service was rendered. (113 v. 270.) 
Sec. 4438-1. (Proceedings when indigent person quarantined in 
city or district other than city of legal settlement.) When a person 
with a contagious disease, quarantined by a city or general health 
district has a legal settlement in a municipality or township within 
the same county but other than that in which quarantined, and such 
person is unable to pay the expenses of such service, the city or gen- 
eral health district rendering such service shall notify, in writing, the 
proper officials of the municipality or township of legal settlement of 
such person that such services are being rendered. Such written 
notice shall be sent within three days if the fact of non-residence is 
disclosed upon the beginning of such service or admission to a hos- 
pital or other institution of quarantine, or within three days after 
discovery of such fact if the same be not disclosed as above. There- 
upon the municipality or township of legal settlement shall be liable 
for such expenses, either actual or at the established rate of the 219 
hospital or other institution of quarantine, and shall pay the same 
within thirty days after date of the sworn statement covering the 
expenses of such quarantine, which sworn statement shall be sent 
to the proper officials of the municipality or township of legal settle- 
ment within twenty days after the discharge of such quarantined 
person. If the notice of such service be not sent to the municipality 
or township of legal settlement within three days after the disclosure 
by the person quarantined or the discovery of such non-residence, 
the municipality or township of legal settlement shall be liable only 
after the receipt of such proper notice. Nothing herein contained 
shall prevent the removal of such quarantined person by the munici- 
pality or township of legal settlement, at its expense, but such re- 
moval shall not relieve such municipality or township from liability 
for the expenses theretofore incurred by the city or general health 
district in which such person has been quarantined. Any such person 
who does not, upon discharge, pay the expenses of such quarantine 
shall, for the purposes of this act, be deemed indigent insofar as the 
city or general health district is concerned. The municipality or town- 
ship of legal settlement is hereby subrogated to all the rights of the 
city or general health district in which such service was rendered. 
(113 v. 271.) 
Sec. 4439. (Expense of quarantining county infirmary.) The 
expenses for quarantining a county infirmary or other county public 
institution, shall be paid by the county when properly certified by 
the president and clerk of the board of health or health officer, where 
there is no board of health of the municipality in which such institu- 
tion is located. (97 v. 540.) 
Sec. 4440. (Disposal of bodies of persons dying of contagious 
diseases.) Bodies of persons who have died of smallpox, cholera, 
plague, yellow fever, typhus fever, diphtheria, membranous croup, 
scarlet fever or other dangerous contagious or infectious disease, 
shall be buried or cremated within twenty-four hours after death, 
unless permission to do otherwise is given in writing by the board 
of health. No public or church funeral shall be held in connection 
with the burial of such person, and such body shall not be taken into 
any church, chapel or other public place. Only adult members of 
the family and such other persons as are actually necessary may be 
present at its burial or cremation. (95 v. 430.) 
Sec. 4441. (Admission of persons suffering from contagious dis- 
ease to certain institutions.) No person suffering from, who has 
been exposed to, or is liable to become ill of, smallpox or other con- 220 
tagious disease or infectious disease may be sent to or admitted into 
a prison, jail, workhouse, infirmary, children’s or orphans’ home, state 
hospital or institution for the insane, epileptic, blind, feeble-minded 
or deaf and dumb or other state or county benevolent institution 
without first making known the facts concerning such illness or ex- 
posure to the superintendent, or other person in charge thereof. 
When smallpox or other dangerous contagious or infectious disease 
is in a jail or prison and a prisoner therein exposed to such disease 
is sentenced to the penitentiary, such prisoner shall be confined and 
isolated in such jail or prison or other proper place, upon the order 
of the proper court, for such time as is necessary to establish the 
fact that he has not contracted such disease. (95 v. 431.) 
Sec. 4442. (Contagious disease in public institution.) When 
smallpox, cholera, yellow fever, diphtheria, scarlet fever or other 
dangerous contagious or infectious disease appears in any state, 
county or municipal, benevolent, correctional or penal institution, the 
superintendent or manager thereof shall at once isolate the person 
or persons so affected and enforce the provisions of this chapter for 
the prevention of contagious diseases, so far as they may apply, and 
the rules, regulations and orders of the state board of health to that 
effect. (95 v. 431.) 
Sec. 4443. (Temporary buildings.) The trustees or managers 
of any such institution may erect any necessary temporary building 
for the reception of such affected persons or for the detention of per- 
sons exposed to such diseases and may remove such persons to and 
confine them in such buildings. (95 v. 431.) 
Sec. 4444. (Removal of affected or exposed persons to hospital.) 
Such trustees or managers may contract for the care, treatment or 
detention of any such persons with any corporation having a hospital 
or other proper place for the isolation or care of persons suffering 
from or exposed to contagious disease and may remove such persons 
to such hospital or place. In case of persons detained in an institu- 
tion as punishment for crime, an order for such removal shall be 
obtained from the court which imposed such punishment. In an order 
for such removal, the court may require such provisions to be made 
for safely guarding the prisoner while in such hospital or place as it 
deems necessary. (95 v. 431.) 
Sec. 4445. (Effect of quarantine as to common carriers.) When 
quarantine is declared, all railroads, steamboats, or other common 
carriers, and the owners, consignees or assignees of any railroad, 
steamboat, stage or other vehicle used for the transportation of 221 
passengers, baggage or freight, shall submit to any rules or regula- 
tions imposed and any examination required by a board of health or 
health officer. They shall submit to any examination required by 
the health authorities respecting any circumstance or event touching 
the health of the crew, operatives, or passengers and the sanitary 
condition of the baggage and freight. (95 v. 432.) 
Sec. 4446. (Penalty.) Whoever, being an owner, consignee or 
assignee or other persons interested in any manner set forth in the 
preceding section, makes an unfounded statement or declaration re- 
specting the points under such examination shall be subjected to the 
penalties provided by law for violations of the requirements of this 
chapter and the orders of the state or local boards of health. (95 
v. 432.) 
Sec. 4447. (How quarantine rules shall apply.) All rules and 
regulations passed by the board of health or health officer shall apply 
to all persons, goods or effects arriving by railroad, steamboat or 
other vehicle of transportation, after quarantine is declared. (95 v. 
432.) 
Sec. 4448. (Board shall inspect schools and may close them and 
prohibit public gatherings.) Semi-annually, and oftener if in its 
judgment necessary, the board of health shall inspect the sanitary 
condition of all schools and school buildings within its jurisdiction, 
and may disinfect any school building. During an epidemic or 
threatened epidemic, or when a dangerous communicable disease is 
unusually prevalent, the board may close any school and prohibit 
public gatherings for such time as it deems necessary. (95 v. 433.) 
Sec. 4449. (Gratuitous vaccination.) The board of health may 
take measures and supply agents and afford inducements and facili- 
ties for gratuitous vaccination. (95 v. 433.) 
Sec. 4450. Repealed. (112 v. 385.) For analogous section see 
G. C. 2293-7. 
Sec. 4451. (Duty of council to make levy.) When expenses 
are incurred by the board of health under the provisions of this chap- 
ter, upon application and certificate from such board, the council 
shall pass the necessary appropriation ordinances to pay the expenses 
so incurred and certified. The council may levy and set apart the 
necessary sum to pay such expenses and to carry into effect the pro- 
visions of this chapter. Such levy shall, however, be subject to the 
restrictions contained in this title. (95 v. 433.) 
Sec. 4452. (Hospital for dangerous contagious disease.) The 222 
council of a municipality may purchase land within or without its 
boundaries and erect thereon suitable hospital buildings for the isola- 
tion, care or treatment of persons suffering from dangerous con- 
tagious disease, and provide for the maintenance thereof. The plans 
and specifications for such buildings shall be approved by the board 
of health. (95 v. 430.) 
Sec. 4453. (Expense of such buildings; bond issue.) If, at an 
election held for that purpose, two-thirds of the votes cast are in 
favor thereof, the council may issue bonds and apply the proceeds 
thereof to such purposes. Such bonds may not exceed in amount 
twenty-five thousand dollars, with a rate of interest not to exceed 
five per cent per annum and the principal shall be paid within ten 
years. After the erection of such buildings, the council each year 
may make such appropriations for their care, use and maintenance 
as in its judgment are necessary. (95 v. 430.) 
Sec. 4454. (Board of health shall have charge and control.) Such 
buildings shall be under the care and control of the board of health. 
The board shall appoint all employes or other persons necessary to 
the use, care and maintenance thereof and regulate the entrance of 
patients thereto and their care and treatment. (95 v. 430.) 
Sec. 4455. (Who may be removed to such hospital.) When a 
person, suffering from a dangerous contagious disease, is found in a 
hotel, lodging house, boarding house, tenement house or other public 
place in the municipality, the hoard of health, if it deems it necessary 
for the protection of the public health, may remove such person to 
such hospital, where all needful provisions shall be made for his 
care and treatment, and, if aide, the expense so incurred shall be 
paid by him. (95 v. 430.) 
Sec. 4456. (Quarantine hospital.) A municipality may establish 
a quarantine hospital within or without its limits. If without its 
limits, the consent of the municipality or township shall be first 
obtained, but such consent shall not be necessary if the hospital is 
more than eight hundred feet from any occupied house or public 
highway. When great emergency exists, the board of health may 
seize, occupy and temporarily use for a quarantine hospital, a suit- 
able vacant house or building within its jurisdiction. The board of 
health of a municipality having a quarantine hospital, shall have ex- 
clusive control thereof. (95 v. 430.) 
Sec. 4457. (Erection of buildings, destruction of property.) The 
board of health may erect temporary wooden buildings or field hos- 
pitals deemed necessary for the isolation or protection of persons or 22 3 
freight supposed to be infected, and may employ nurses, physicians 
and laborers sufficient to operate them and sufficient police to guard 
them. Such board may cause the disinfection, renovation or destruc- 
tion of bedding, clothing or other property belonging to corporations 
or individuals when such action is deemed necessary by the board 
or a reasonable precaution against the spread of contagious or in- 
fectious diseases. (95 v. 432.) 
Sec. 4458. (Inspectors, appointments and duties.) The board of 
health may appoint, define their duties and fix the compensation of, 
such number of inspectors of dairies, slaughter houses, shops, 
wagons, appliances, food and water supplies for animals, milk, meat, 
butter, cheese, and substances purporting to be butter or cheese, or 
having the semblance of butter or cheese, and such other persons 
as is necessary to carry out the provisions of this chapter, and such 
inspectors for such purposes may enter any house, vehicle or yard. 
The board may appoint and authorize the health officer to perform 
the duties of such inspectors. (95 v. 433.) 
Sec. 4459. (Record of meat and milk dealers; permit from 
board.) The board of health shall keep for public inspection a record 
of the names, residences and places of business of all persons engaged 
in the sale of milk or meat, and may require permits, after inspec- 
tion, to vend either milk or meat to be renewed semi-annually, for 
which a charge of not more than fifty cents may be made. If, upon 
the inspection, the cows, or milk are found to be kept in an unsanitary 
condition, the board may refuse to grant such permit or revoke one 
already given. The board may require a certificate from a licensed 
veterinarian that the cows furnishing milk brought for sale within its 
jurisdiction are free from tuberculosis or other dangerous disease. 
(95 v. 433-) 
Sec. 4460. (Duty of dairyman or vender of milk in case of cer- 
tain diseases.) In case scarlet fever, typhoid or other dangerous con- 
tagious or infectious disease should occur in the family of a dairy- 
man or among his employes, or in a house in which milk is kept for 
sale, such dairyman or vender of such milk shall immediately notify 
the health officer of the municipality in which such milk is sold or 
offered for sale of the facts of the case, and the health officer may 
order the sale of such milk stopped pending an investigation and for 
such time thereafter as the board of health may require. The in- 
vestigation shall be made without delay, and the board of health may 
make and enforce such orders as it deems necessary to prevent the 
sale of impure, adulterated and unwholesome milk or milk liable to 
carry disease. (95 v. 433.) 224 
Sec. 4461. (Inspection of dairies and places where dairy products 
are made.) All dairies, including the cows, cow stables, milk houses 
and milk vessels, the owners of which offer for sale within the limits 
of the corporation any milk or butter manufactured by such owners, 
and any manufactory of butter or cheese or place where such sub- 
stances, or either of them, are sold shall be subject to inspection by 
the inspectors. Such inspectors may enter any place where milk is 
sold or kept for sale and any vehicles used for the conveyance of 
milk within the corporate limits. They may also enter any manu- 
factory or place where butter or cheese, or substances having the 
semblance of butter or cheese, are manufactured, or any place where 
such substances are sold or kept for sale within the corporate limits. 
(95 v. 434-) 
Sec. 4462. (Test or analysis of dairy products.) When an in- 
spector has reason to believe that milk found in such municipality is 
impure or adulterated, or that any butter or cheese, or substance 
having the semblance of butter or cheese, found therein contains any 
impure, unwholesome or deleterious substance; or is being sold or 
offered for sale under a false or deceptive name or designation, or 
that any butter or cheese is not made from pure cream or milk, or 
that any substance having the semblance of butter or cheese is being 
sold or offered for sale without being branded or stamped, as re- 
quired by law, he shall take specimens thereof and subject them to 
satisfactory tests, or, if the board of health so direct, to chemical 
analysis. The result of such test or analysis shall be recorded and 
preserved as evidence by such inspector and a certificate, sworn to 
by the analyst shall be admissible in evidence in prosecutions under 
this chapter or any law of the state. (95 v. 434.) 
Sec. 4463. (Employment of scavengers.) The council may em- 
power the board of health to employ such number of scavengers for 
the removal of swill, garbage and offal from the houses, buildings, 
yards and lots within the municipality, as it deems necessary. In 
such case the board may make contracts therefor, subject to the 
approval of council, to be signed by the proper officers of the council, 
and may regulate the work to be done. Upon the request of the 
board of health, it shall be the duty of council to lease or purchase 
suitable lands, the location of which shall be approved by the board 
of health to be used as a dump ground for such and other noxious 
substances removed from the municipality. (95 v. 435-) 
Sec. 4464. (Board may regulate the sale of ice for domestic 
use.) No ice shall be cut to be sold or used for domestic purposes 225 
in a municipality from a pond, lake, creek or fiver within the limits 
of such municipality unless a permit therefor is first obtained from 
the board of health thereof. No person shall sell or deliver ice in 
a municipality for domestic purposes unless a permit therefor is 
first obtained from the board of health thereof. Such board may 
refuse a permit or revoke a permit theretofore granted when, in its 
judgment, such ice would be detrimental to public health. (95 v. 330.) 
Sec. 4465. (Board may prohibit sale of ice for domestic pur- 
poses.) The board of health may prohibit the sale or use of any 
ice for domestic purposes within the limits of the municipality when, 
in its judgment, it is unfit for use and the use thereof would be detri- 
mental to public health. The board may prohibit, and, through its 
officers, stop, detain and prevent the bringing of any such ice for the 
purpose of sale or use for domestic purposes into the limits of the 
municipality and in the same manner stop, detain and prevent the 
sale of such ice for domestic purposes within the limits of the 
municipality when, in its judgment, the use thereof would be detri- 
mental to the public health. (95 v. 330.) 
Sec. 4466. (Penalty.) Whoever violates any provision of the 
preceding two sections or an order or regulation of the board of 
health made in pursuance thereof, shall be fined not to exceed one 
hundred dollars. (95 v. 330.) 
Sec. 4467. (Term “sanitary plant” defined.) The term “sanitary 
plant,” as used herein, shall mean a structure with necessary land, 
necessary fixtures, appliances and appurtenances required for the 
treatment, purification and disposal in a sanitary manner of either or 
both the liquid or solid wastes of the municipality. (95 v. 435.) 
Sec. 4468. (Municipality may obtain plans and real estate for 
sanitary plant.) Upon the recommendation of the board of health of 
a municipality, or, if the powers of such board have been vested in 
any other officer or board, upon the recommendation of such officer 
or board, the council may cause plans and estimates to be prepared 
and acquire by condemnation or otherwise such land or lands within 
or without the corporate limits as are necessary to provide for the 
proper disposal in a sanitary manner of the sewage, garbage and 
waste matters, and either or any of them, of the municipality. (95 
v. 435-) 
Sec. 4469. (Approval of state board of health necessary.) Upon 
obtaining the approval of the state board of health, the council may 
contract for, erect and maintain a sanitary'plant or plants on the 
lands so acquired with all necessary buildings, machinery, appliances 226 
and appurtenances for the treatment, purification and disposal in a 
sanitary and economic manner of the sewage or garbage, nightsoil, 
dead animals, ofifal, spoiled meats and fish or other putrid substances 
or any liquid or solid wastes or any substance injurious to the health 
of the municipality. (95 v. 435.) 
Sec. 4470. (Council may contract for removal of waste sub- 
stances; expense thereof.) The council may contract for a period 
of not to exceed five years for the collection and removal of such 
garbage, nightsoil, dead animals, and other solid waste substances 
at the expense of the municipality or at the expense of persons re- 
sponsible for the existence of such waste substances. (95 v. 436.) 
Sec. 4471. Repealed. (112 v. 364.) 
Sec. 4472. (Apppointment of a sanitary board.) Before sub- 
mitting such proposition to a vote of the people, the council by reso- 
lution may determine to have all the work in connection with the 
erection and maintenance of such sanitary plant and the acquisition 
of the necessary real estate therefor put under the control of a 
sanitary board, which shall be appointed before such vote is taken. 
(95 v- 436.) 
Sec. 4473. (How sanitary board chosen.) The sanitary board 
shall consist of two citizens from each of the two political parties 
casting the highest vote at the last preceding municipal election, who 
shall be appointed by the mayor, with the consent and approval of 
the council, and shall serve for a term of two years and until their 
successors are duly appointed. (95 v. 436.) 
Sec. 4474. (Compensation and powers of sanitary board.) The 
sanitary board shall have such reasonable compensation as the coun- 
cil of the municipality prescribes. It shall have entire control of the 
erection and maintenance of the sanitary plant and the purchase of 
the necessary real estate therefor on behalf of the municipality. In 
its discretion it may modify the orginal plans and specifications, 
subject to the approval of the state board of health, but the total 
cost thereof shall not exceed the original estimate. (95 v. 436.) 
Sec. 4475. Repealed. (112 v. 391.) 
Sec. 4476. (Annual and special reports.) On or before the 
fifteenth day of January of each year, the board of health or health 
department shall make a report in writing for the preceding calendar 
year to the council of the municipality and to the state commissioner 
of health. Such report shall be on the sanitary condition and pros- 
pects of such municipality, and shall contain the statistics of deaths, 227 
the action of the board and its officers and agents and the names 
thereof. It shall contain other useful information, and the board 
shall suggest therein any further legislative action deemed proper 
for the better protection of life and health. Such board of health 
and health departments shall promptly furnish any special report 
called for by the state commissioner of health. (108 v. Pt. i, 250.) 
Sec. 4577. (Jurisdiction.) The police court shall have jurisdic- 
tion of, and to hear, finally determine, and to impose the prescribed 
penalty for, any offense under any ordinance of the city, and of any 
misdemeanor committed within the limits of the city, within four 
miles thereof, or within the boundaries of lands situated beyond the 
city’s corporate limits, which are owned by said municipality and are 
being used for a municipal purpose. 
The jurisdiction of such court to make inquiry in criminal cases 
shall be the same as that of a justice of peace. Cases in which the 
accused is entitled to a jury trial, shall be so tried, unless a jury be 
waived. (120 v. S. 136. Eff. August 7, 1943.) 
Sec. 4665. (Right of visitation.) The general assembly of the 
state, by a committee, the governor of the state, the council of the 
corporation, by a committee, the mayor or police judge of a corpora- 
tion, the board of health of the corporation, the judge of any court 
of this state, and the grand jury of the county, may at any time visit 
and inspect any of the benevolent or correctional institutions estab- 
lished by any municipal corporation, and examine the books and 
accounts thereof. (R. S. 1544.) 
Sec. 4785-46. (Monthly report of deaths, convictions, change of 
name, etc.) The chief health officer of each political subdvision con- 
taining any registration precincts shall file with the board, at least 
once each month, the names and residences of all persons, over 
twenty-one years of age, who have died within any registration pre- 
cincts within such subdivision within such month, and the board shall 
cause all such names as appear upon the registration lists to be re- 
moved therefrom. At least once each month the judge of the pro- 
bate court shall file with the board the names and residence addresses 
of all persons over twenty-one years of age who have been com- 
mitted to any hospital for the insane, epileptic, or feeble-minded, and 
shall also file with the board the names of all persons over twenty- 
one years of age who may have changed their names by marriage, 
or otherwise. At least once each month the county clerk of courts 
shall file with the board the names and residence addresses of all per- 
sons over twenty-one years of age whose names have been changed 228 
by order of court, or who have been convicted during the previous 
month of crimes which would disfranchise such persons under exist- 
ing laws of the state. The board shall cause the registration forms 
of ineligible registrants to be removed from the files and cancelled. 
All clergymen authorized to perform marriages, which are not re- 
ported to public authorities, shall file with the board the names of all 
women over twenty-one years of age, who have changed their names 
by such marriage. (119 v. 269.) 
Sec. 4830. (School districts classified.) The school districts of 
the state shall be styled, respectively, city school districts, local 
school districts, exempted village school districts, county school dis- 
tricts, joint high school districts and joint vocational school districts. 
(120 v. H. 217. Eff. September 16, 1943.) 
Sec. 4830-1. (City school district defined.) The territory within 
the corporate limits of each city, excluding the territory detached 
therefrom for school purposes and including the territory attached 
thereto for school purposes, shall constitute a city school district. 
When a city is reduced to a village, the city school district shall 
thereupon become a local school district. (120 v. H. 217. Eff. Septem- 
ber 16, 1943.) 
Sec. 4830-2. (Local school district defined.) Each school dis- 
trict, other than a city school district, exempted village school dis- 
trict, county school district, joint high school district or joint voca- 
tional school district, in existence on the effective date of this act, 
shall be known and styled as a local school district and shall continue 
to be known and styled as a local school district until it has lost its 
identity as a separate school district or has acquired a different 
styling as provided by law. All school districts created after the 
effective date of this act, other than city school districts, exempted 
village school districts, county school districts or joint vocational 
school districts, shall be known and styled as local school districts. 
(120 v. H. 217. Eff. September 16, 1943.) 
Sec. 4830-3. (Exempted village school district defined.) Each 
school district known and styled as an exempted village school dis- 
trict on the effective date of this act shall, after the effective date 
of this act, be known and styled as an exempted village school dis- 
trict and shall continue to be known and styled as an exempted vil- 
lage school district until it has lost its identity as a separate school 
district or has acquired a different styling as provided by law. (120 
v. H. 217. Eff.September 16, 1943.) 
Sec. 4830-4. (County school district defined.) The territory 229 
within the territorial limits of a county, exclusive of the territory 
embraced in any city school district, exempted village school dis- 
trict, and excluding the territory detached therefrom for school pur- 
poses and including the territory attached thereto for school pur- 
poses shall constitute a county school district. (120 v. H. 217. Eff. 
September 16, 1943.) 
Sec. 4830-5. (Territory must be contiguous.) The territory in- 
cluded within the boundaries of a city, local, exempted village or 
joint vocational school district shall be contiguous except where a 
natural island or islands forms an integral part of the district. 
When territory is annexed to a city or village, such territory 
thereby becomes a part of the city school district or the school dis- 
trict of which the village is a part, and the legal title to school prop- 
erty in such territory for school purposes shall be vested in the board 
of education of the city or village school district. Provided, how- 
ever, that an equitable division of the funds and indebtedness be- 
tween the districts involved shall be made under the supervision of 
the superintendent of public instruction, whose decision shall be final. 
(120 v. H. 217. Efif. September 16, 1943.) 
Sec. 4834-11. (Appropriation of land for school purposes.) When 
necessary in the opinion of any board of education to procure or 
enlarge any site for a building to be used for public school pur- 
poses whether as class rooms, auditorium or for technical training, 
administrative, storage or other educational purposes; or to procure 
or enlarge grounds to be used for agricultural purposes, athletic 
field or playground for children; or for the purpose of erecting and 
maintaining buildings to be used as homes or houses for public school 
teachers when the cost of such erection has been contributed by 
private donations or for the purpose of providing an outlet to dis- 
pose of sewage for a school building or grounds, and the board of 
education and the owner of the property needed for such purposes, 
are unable to agree upon the sale and purchase thereof, the board 
shall make an accurate plat and description of the parcel of land 
which it desires for such purposes, and file them with the probate 
judge, or to the court of common pleas, or to a judge thereof in 
vacation, in the county in which the land sought to be taken is 
located. Thereupon the same proceedings of appropriation shall be 
had which are provided for the appropriation of private property by 
municipal corporations. (120 v. H. 217. Eff. September 16, 1943.) 
Sec. 4836-6. (Schools for tubercular pupils.) The board of edu- 
cation of any city school district may establish such special schools 
as it deems necessary for youth of school age who are afflicted with 2 30 
tuberculosis, and may cause all youth, within such district, so af- 
flicted, to be excluded from the regular schools, and may provide for 
and pay from the school funds, the expense of transportation of such 
youth to and from such special schools. (120 v. H. 217. Eff. Sep- 
tember 16, 1943.) 
Sec. 4836-7. (Instruction provided for tubercular children; ex- 
penses.) The board of trustees of each district hospital for tuber- 
culosis, the board of trustees of each county maintaining a county 
hospital for tuberculosis, and the managing officer or officers of 
each municipal hospital for tuberculosis, shall provide for the educa- 
tion of children of school age admitted to such hospital. The instruc- 
tion so provided shall be directed by and be under the supervision of 
the county or city superintendent of schools in cooperation with the 
superintendent of the hospital. The expense incurred for salaries of 
teachers in a municipal tuberculosis hospital may be paid by the city 
board of education; that in a county tuberculosis hospital may be 
provided from the funds of the tuberculosis hospital or may be pro- 
rated, according to the number of children taught, to the county, 
city and exempted village boards of education of the county. The 
amount charged against a county school district shall be divided 
equally between the local school districts within the county school 
district, and the county auditor shall deduct from the tax funds in 
the county treasury due to such districts the amounts certified by 
the county board of education, which amounts shall be transferred 
to the county board of education fund. The amounts pro-rated to 
the city and exempted village district shall be deducted by the county 
auditor from the tax fund in the county treasury due such districts, 
and the amount so deducted together with the amount pro-rated to 
the county board of education and transferred to the county board 
of education fund shall be paid to the county hospital authorities. 
The expense of such instruction in the case of a district tuberculosis 
hospital shall be pro-rated at the end of each month to the boards of 
education of the various districts from which children have been re- 
ceived, according to the number of days the children were instructed, 
and bills for the respective amounts shall be paid by such local boards 
of education promptly upon presentation. (120 v. H. 217. Effi Sep- 
tember 16, 1943.) 
Sec. 4838-5. (Vaccination and immunization of pupils.) The 
board of education of each city, exempted village or local school dis- 
trict may make and enforce such rules and regulations to secure the 
vaccination and immunization of, and to prevent the spread of com- 
municable diseases among the pupils attending or eligible to attend 231 
the schools of the district, as in its opinion the safety and interest of 
the public require. Boards of health, councils of municipal corpora- 
tions, and trustees of townships, on application of the board of edu- 
cation of the district, at the public expense, without delay, shall pro- 
vide the means of vaccination and immunization to such pupils as are 
not provided therewith by their parents or guardians. (120 v. H. 217. 
Eff. September 16, 1943.) 
Sec. 4838-6. (Appointment of physician, dentist, and nurse.) The 
board of education of each city, exempted village or local school dis- 
trict may appoint one or more school physicians and one or more 
school dentists; provided two or more school districts may unite 
and employ one such physician and at least one such dentist whose 
duties shall be such as are prescribed by law. Said school physician 
shall hold a license to practice medicine in Ohio, and each such school 
dentist shall be duly licensed to practice in this state. School physi- 
cians and dentists may be discharged at any time by the appointing 
power whether the same be a board of education or board of health 
or health commissioner, as herein provided. School physicians and 
dentists shall serve one year and until their successors are appointed 
and shall receive such compensation as the appointing board may de- 
termine. Such boards may also employ trained nurses to aid in such 
inspection in such ways as may be prescribed by the board. The 
school dentists shall make such examinations and diagnoses and ren- 
der such remedial or corrective treatment for the school children as 
may be prescribed by the board of education; provided that all such 
remedial or corrective treatment shall be limited to the children 
whose parents cannot otherwise provide for same, and then only with 
the written consent of the parents or guardians of such children. 
School dentists may also conduct such oral hygiene educational work 
as may be authorized by the board of education. 
Such board may delegate the duties and powers, herein provided 
for, to the board of health or officer performing the functions of a 
board of health within the school district, if such board or officer is 
willing to assume the same. Boards of education shall cooperate 
with boards of health in the prevention and control of epidemics. 
(120 v. H. 217. Eff. September 16, 1943.) 
Sec. 4838-7. (Member of board can not be school physician, den- 
tist, or nurse.) No member of the board of education in any district 
in this state shall be eligible to the appointment of school physician, 
school dentist or school nurse during the period for which he or she 
is elected. (120 v. H. 217. Eff. September 16, 1943.) 232 
Sec. 4838-8. (Physical examinations and diagnoses of children, 
teachers, etc.; records.) School physicians may make examinations 
which shall include tests to determine the existent hearing de- 
fects and diagnoses of all children referred to them. They may 
make such examination of teachers and other school employees and 
inspection of school buildings as in their opinion the protection of 
health of the pupils, teachers and other school employees may re- 
quire. Whenever a pupil, teacher or other school employee is found 
to be ill or suffering from positive open pulmonary tuberculosis or 
other communicable disease, the school physician shall promptly send 
such pupil, teacher or other school employee home, with a statement, 
in the case of a pupil, to its parents or guardian, briefly setting forth 
the discovered facts, and advising that the family physician be con- 
sulted. School physicians shall keep accurate card-index records of 
all examinations, and said records, that they may be uniform through- 
out the state, shall be according to the form prescribed by the super- 
intendent of public instruction, and the reports shall be made accord- 
ing to the method of said form; provided, however, that if the parent 
or guardian of any pupils or any teacher or other school employee 
after notice from the board of education shall within two weeks 
thereafter furnish the written certificate of any reputable physician 
that the pupil, teacher or other school employee has been examined, 
in such cases the service of the medical inspector herein provided 
for shall be dispensed with, and such certificate shall be furnished by 
such parent or guardian from time to time, as required by the board 
of education. Such individual records shall not be open to the public 
and shall be solely for the use of the boards of education and health 
or other health officer. If any teacher or other school employee is 
found to have positive open pulmonary tuberculosis or other com- 
municable disease, his or her employment shall be discontinued, or, 
at the option of the board, suspended upon such terms as to salary 
as the board may deem just until the school physician shall have 
certified to a recovery from such disease. (120 v. H. 217. Eff. Sep- 
tember 16, 1943.) 
Sec. 4838-9. (Cooperation with district board of health in em- 
ployment of physician or dentist.) The board of education of any 
school district or when two or more boards of education choose to 
combine their efforts or funds for the purpose of employing a school 
physician or a school dentist, in cooperation with the general health 
district board of health, such board or boards of education, may pro- 
vide for and pay compensation for such physician, dentist or nurse 
directly to said board of health in addition to that provided by the 233 
county, township or other political subdivisions. (120 v. H. 217. Eff 
September 16, 1943.) 
Sec. 4838-10. (Board of health to make examination; report.) 
Where the board of education of a city, exempted village or local 
school district has not employed a school physician, the board of 
health shall conduct the health examination of all school children in 
the health district and shall report the findings of such examination 
and make such recommendations to the parents or guardians as are 
deemed necessary for the correction of such defects as may need 
correction. It is provided that this authorization shall not be con- 
strued to require any school child to receive a medical examination 
or receive medical treatment whose parent or guardian objects there- 
to. (120 v. H. 217. Eff. September 16, 1943.) 
Sec. 4838-11. (Certain institutions not permitted near schools.) 
No person, firm, partnership or corporation shall hereafter establish 
any institution to house or care for the following persons within two 
thousand feet of any public, private or parochial school operating 
under the standards set by the school laws of Ohio or school land 
used for recreational purposes in connection with school activities: 
1. Persons suffering from a communicable disease as defined by 
the director of the department of health of the state of Ohio. 
2. Persons adjudged, pursuant to law, to be mentally ill, feeble- 
minded, epileptic or insane. 
This section shall not apply to members of an established house- 
hold suffering from the above ailments. (120 v. H. 217. Eff. Sep- 
tember 16, 1943.) 
Sec. 4839-6. (Operation of lunch rooms; school supplies; free 
lunches.) The board of education of any city, exempted village or 
local school district may provide facilities in the schools under its 
control for the preparation and serving of lunches, and other meals 
or refreshments to the pupils, the teachers, and to other employees 
therein, and to other persons taking part in or patronizing any 
activity in connection with the schools, and may provide the manage- 
ment of such lunchrooms, which facilities shall not be operated for 
profit; provided that the privileges and facilities granted hereunder 
by any board of education shall apply to all pupils and teachers and 
no restrictions or limitations shall operate against any such pupil or 
teacher in the use of such facilities except for reasons applicable to 
all alike. 
No board of education, the principal or teacher of any school 
room, or class organization of any school district will be permitted 234 
to sell or offer for sale, or supervise the sale of uniform school sup- 
plies, foods, candies, or like supplies for profit on the school premises 
except when the profit derived from such sale is to be used for school 
purposes or for any activity in connection with the school on whose 
premises such uniform school supplies, food, candies or supplies are 
sold or offered for sale. No individual student or class of students, 
acting as an agent for any person or group of persons directly con- 
nected with the school will be permitted to sell or offer for sale for 
profit outside the school building, any of the above mentioned and de- 
scribed articles, except when the profit derived from such sale is to 
be used for school purposes or for any activity in connection with 
the school. 
Uniform school supplies shall be those adopted by the board of 
education for use in the schools of the district. 
The enforcement of this law will be under the jurisdiction of the 
state department of education. 
A board of education shall provide rotary funds for the operation 
of lunch rooms and for the purchase and sale of uniform school sup- 
plies either by appropriations from the general fund or accumulation 
from sales or receipts. Each such fund shall be kept separate from 
other transactions of the board. 
The board of education may also make provision by appropria- 
tions out of the general fund of the district or otherwise for serving 
free lunches to such children as it may determine are in need thereof. 
(120 v. H. 217. Efif. September 16, 1943.) 
Sec. 4851. (Age and schooling certificates may be issued by 
superintendent.) An age and schooling certificate may be issued only 
by the superintendent of schools of the district of residence of the 
child in whose name such certificate shall be issued and only upon 
satisfactory proof that the child to whom the certificate is issued is 
over sixteen years of age and has satisfactorily passed a test for the 
completion of the work of the seventh grade, provided that residents 
of other states who work in Ohio must qualify as aforesaid with the 
proper school authority in the school district in which the establish- 
ment is located, as a condition of employment or service. 
Any such age and schooling certificate may be issued only upon 
satisfactory proof that the employment contemplated by the child is 
not prohibited by any law regulating the employment of such chil- 
dren ; and when the employer of any minor for whom such age and 
schooling certificate shall have been issued shall keep such age and 
schooling certificate on file as provided by law, the provisions of sec- 
tion 6245-2 of the General Code, shall not apply to such employer in 235 
respect to such child while engaged in an employment legal for a 
child of the given sex and of the age stated therein. 
Age and schooling certificate forms shall be formulated by the 
superintendent of public instruction, and except in cases otherwise 
specified by law must be printed on white paper. Every such cer- 
tificate must be signed in the presence of the officer issuing it by the 
child in whose name it is issued. Blank certificates shall be furnished 
by the superintendent of public instruction upon request. (120 v. H. 
217. Eff. September 16, 1943.) 
Sec. 4851-1. (Requirements before issuing certificate.) The 
superintendent of schools shall not issue such certificate until he has 
received, examined, approved and filed the following papers duly 
executed: (1) The written pledge or promise of the person, part- 
nership or corporation to legally employ the child, to permit him to 
attend school as provided in section 4849-7 of the General Code, and 
to return to the superintendent of schools the age and schooling cer- 
tificate of the child or give notice of the non-use thereof within two 
days from the date of the child’s withdrawal or dismissal from the 
service of that person, partnership or corporation, giving the reasons 
for such withdrawal or dismissal. 
(2) The school record of the child, properly filled out and signed 
by the person in charge of the school which the child last attended; 
giving the recorded age of the child, his address, standing in studies, 
rating in conduct, and attendance in days during the school year of 
his last attendance, and if that was not a full year, during the pre- 
ceding school year. 
(3) Evidence of the age of the child as follows : 
(a) A certified copy of an original certificate of birth or a cer- 
tification of birth, issued in accordance with section 1261-66 of the 
General Code, or by an officer charged with the duty of recording 
births in another state or country, shall be conclusive evidence of the 
age of the child. 
(b) In the absence of such certificate, a passport (or duly at- 
tested transcript thereof) showing the date and place of birth of the 
child, filed with a register of passports at a port of entry of the 
United States; or a duly attested transcript of the certificate of birth 
or baptism or other religious record, showing the date and place of 
birth of the child, shall be conclusive evidence of the age of the child. 
(c) In case no one of the above proofs of age can be produced, 
other documentary evidence (except the affidavit of the parent, 
guardian or custodian) satisfactory to the superintendent of schools 
may be accepted in lieu thereof. 236 
(d) In case no documentary proof of age can be procured, the 
superintendent may receive and file an application signed by the 
parent, guardian or custodian of the child that a physician’s certificate 
be secured to establish the sufficiency of the age of the child. Such 
application shall state the alleged age of the child, the place and date 
of birth, his present residence, and such further facts as may be of 
assistance in determining the age of the child, and shall certify that 
the person signing the application is unable to obtain any of the docu- 
mentary proofs specified in (a), (b) and (c) above. 
If the superintendent of schools is satisfied that a reasonable 
effort to procure such documentary proof has been without success 
such application shall be granted and the certificate of the school 
physician or if there be none, of a physician employed by the board 
of education, that said physician is satisfied that the child is above 
the age required for an age and schooling certificate as stated in 
section 4851 of the General Code, shall be accepted as sufficient evi- 
dence of age. 
(4) A certificate from the school physician or physician desig- 
nated by him, or if there be no school physician from the district 
health commission* or physician designated by him, showing after a 
thorough examination that the child is physically fit to be employed 
in such occupations as are not prohibited by law for a boy or girl, as 
the case may be, under eighteen years of age. 
But a certificate with the word limited written, printed or 
stamped diagonally across its face may be furnished by the school 
physician or other person indicated in the above sentence, and ac- 
cepted by the superintendent of schools in issuing a “limited” age 
and schooling certificate provided in section 4851-5 of the General 
Code, showing that the child is physically fit to be employed in some 
particular occupation not prohibited by law for a boy or girl as the 
case may be of the child’s age which the child contemplates entering 
even if the child’s complete physical ability to engage in any occu- 
pation as required in the preceding sentence cannot be vouched for. 
(120 v. H. 217. Eff. September 16, 1943.) 
* Should read commissioner. 
Sec. 4853-9. (Abstract of enumeration returns; duplicate tran- 
scripts.) On or before the third Saturday of August the auditor of 
each county shall transmit to the superintendent of public instruction 
on blanks furnished by him a duly certified abstract of the enumer- 
ation returns made to him ; and at the same time such auditor shall 
transmit to the juvenile judge of the county, duplicate transcripts of 
the list of crippled children residing in each school district of the 237 
county, as shown by said school enumeration reports, and, if upon 
examination and investigation of such reports, the juvenile judge has 
reason to believe the report is incomplete or inaccurate, he shall 
transmit a written order to the county auditor, directing him to pro- 
cure an enumeration of all the crippled children, as provided in sec- 
tion 4853-12 of the General Code. (120 v. H. 217. Eff. September 
16, 1943.) 
Sec. 4853-10. (Copy of duplicate transcripts to health commis- 
sioner; examination of crippled children.) Within thirty days after 
receiving such duplicate transcripts of the list of crippled children 
from the auditor, each juvenile judge shall transmit a copy thereof 
to the health commissioner of each health district in his county, so 
far as the same contains the names of crippled children residing in 
the district of the respective health commissioners; and each health 
commissioner shall, within sixty days thereafter, provide examination 
of each crippled child on such list, and transmit to the juvenile judge 
and the Ohio department of health a report, on a form prescribed by 
the director of health, which shall be complete in describing such 
disability. Whenever such health commissioner is so directed by the 
state director of health, he shall make application in the juvenile 
court for the proper care, treatment, and education for such crippled 
child or children, as provided in section 1352-8 of the General Code, 
for the purpose of obtaining treatment and care for all crippled chil- 
dren in his health district. (120 v. H. 217. Efif. September 16, 1943.) 
Sec. 4855. (Board shall provide transportation, when.) In all 
city, exempted village and local school districts where resident ele- 
mentary school pupils live more than two miles from the school to 
which they are assigned the board of education shall provide trans- 
portation for such pupils to and from school except when in the 
judgment of such board of education, confirmed, in the case of a local 
school district, by the county board of education, or, in the case of a 
city or exempted village school district, by the judge of the probate 
court, that such transportation is unnecessary. 
In all city, exempted village and local school districts the board 
of education may provide transportation for resident high school 
pupils to the high school to which they are assigned. 
In all city, exempted village and local school districts the board 
of education shall provide transportation for all children who are so 
crippled that they are unable to walk to the school to which they are 
assigned. In case of dispute whether the child is able to walk to the 
school or not, the district health commissioner shall be judge of such 
ability. 238 
When transportation of pupils is provided the conveyance shall 
be run on a time schedule that shall be adopted and put in force by 
the board of education not later than ten days after the beginning of 
the school term. (120 v. H. 217. Eff. September 16, 1943.) 
Sec. 5625-15a. (Tax levy for tuberculosis hospital.) The board 
of county commissioners of any county, at any time prior to Sep- 
tember 15 in any year, after providing the normal and customary 
percentage of the total general fund appropriations for the support 
of tuberculosis hospitals, by vote of two-thirds of all the members of 
said board may declare by resolution that the amount of taxes which 
may be raised within the ten-mill limitation will be insufficient to 
provide an adequate amount for the support of tuberculosis hospitals, 
and that it is necessary to levy a tax in excess of the ten-mill limi- 
tation to supplement such general fund appropriations for such pur- 
pose, but the total levy for this purpose shall not exceed sixty-five 
one hundredths of a mill. 
Such resolution shall conform to the requirements of section 
5625-15 of the General Code and be certified and submitted in the 
manner provided in section 5625-17 of the General Code. 
If the majority of electors voting on a levy to supplement gen- 
eral fund appropriations for the support of tuberculosis hospitals vote 
in favor thereof, the board of county commissioners of said county 
may levy a tax within such county at the additional rate outside the 
ten-mill limitation during the period and for the purpose stated in 
the resolution or at any less rate or for any of the said years. (119 
v. 55-) 
Sec. 5625-20. (Adoption of tax budget; preparation; contents; 
procedure for participation by public library; library services to in- 
habitants of county; branch libraries.) On or before the 15th day of 
July in each year, the taxing authority of each sub-division or other 
taxing unit shall adopt a tax budget for the next succeeding fiscal 
year. To assist in its preparation, the head of each department, board 
or commission, and each district authority entitled to participate in 
any appropriation or revenue of a sub-division shall file with the 
taxing authority thereof, or in the case of a municipality with its 
chief executive officer, before the first of June in each year, an esti- 
mate of contemplated revenue and expenditures for the ensuing fiscal 
year in such form as shall be prescribed by the taxing authority of the 
sub-division or by the bureau. The taxing authority shall include in 
its budget of expenditures the full amounts requested therefrom by 
district authorities, not to exceed the amount authorized by the law 
applicable thereto, if such law gives such authorities the right to 239 
fix the amount of revenue they are to receive from the subdivision. 
In a city in which a special levy for a municipal university has been, 
authorized to be levied outside of the ten mill limitation, or is required 
by the charter of the municipality, the taxing authority shall include 
an amount not less than the estimated yield of such levy, if such 
amount be requested by the board of directors of the municipal uni- 
versity. 
The board of trustees of any public library, desiring to participate 
in the proceeds of classified property taxes collected in the county, 
shall adopt appropriate rules and regulations extending the benefits of 
the library service of such library to all the inhabitants of the county 
(excepting to the inhabitants of subdivisions maintaining a public 
library participating in the proceeds of classified property taxes) on 
equal terms, unless such library service is by law available to all such 
inhabitants, and shall certify a copy of such rules and regulations 
to the taxing authority with its estimate of contemplated revenue 
and expenditures. In all cases in which such rules and regulations 
have been so certified and in which the adoption of such rules and 
regulations is not required, the taxing authority shall include in its 
budget of receipts such amounts as shall have been specified by such 
library trustees as contemplated revenue from classified property 
taxes, and in its budget of expenditures the full amounts requested 
therefrom by such board of library trustees. The board of trustees 
of any public library participating in the proceeds of classified prop- 
erty taxes may supply library services to the inhabitants of the county 
on the same basis that said board is empowered to supply library 
services to the inhabitants of the sub-division maintaining said library. 
The board of trustees of a public library may establish branch 
libraries, library stations, and may provide traveling book service, and 
may do any and all other things necessary to provide county wide 
library service as it is empowered to do in rendering service to the 
residents of the subdivision maintaining said library, except in another 
sub-division maintaining a public library participating in the proceeds 
of classified property taxes. (119 v. 222.) 
Sec. 5625-25. (Certification of budget; revision.) When the 
budget commission has completed its work it shall forthwith certify 
its action to the taxing authority of each subdivision and other taxing 
unit within the county, together with an estimate by the county 
auditor of the rate of each tax necessary to be levied by each taxing 
authority within its subdivision or taxing unit, and what part thereof 
is without, and what part within the ten mill tax limitation. Each 
taxing authority by ordinance or resolution, shall authorize the neces- 240 
sary tax levies and certify them to the county auditor before the first 
day of October in such year, or at such later date as may be approved 
by the tax commission of Ohio. If the proposition of levying a tax 
to be placed on the duplicate of the current year is approved by the 
electors of the subdivision under the provisions of this act, or refund- 
ing bonds to refund all or parts of the principal of bonds payable 
from a tax levy for the ensuing fiscal year are issued or are sold and 
are in the process of delivery, the budget commission shall reconsider 
and revise its action on the’budget of the subdivision for whose bene- 
fit the tax is to be levied after the returns of such election are fully 
canvassed, or after the issuance or sale of such refunding bonds have 
been certified to it. (116 v. 377.) 
Sec. 5652. (Application for registration; fee; penalty.) Every 
person who owns, keeps or harbors a dog more than three months of 
age, annually, before the first day of January of each year, shall file 
together with a registration fee of one dollar for each male or spayed 
female dog, and a registration fee of three dollars for each female 
dog unspayed, in the office of the county auditor of the county in 
which such dog is kept or harbored, an application for registration 
for the following year beginning the first day of J anuary of such year, 
stating the age, sex, color, character of hair, whether short or long, 
and breed, if known, of such dog, also the name and address of the 
owner of such dog. Provided that an affidavit shall be made to the 
county auditor and filed with application for registration of each 
spayed female dog, stating that said female dog has been effectively 
spayed. And provided further that if such application for registration 
is not filed and said fee paid on or before the twentieth day of January 
of each year, the county auditor shall assess a penalty of one dollar 
upon such owner, keeper or harborer, which must be paid with the 
registration fee. Provided, however, no person shall be charged a 
penalty where the dog is bought from outside of the state of Ohio 
or becomes three months of age after January twentieth of any year, 
and provided said license shall be applied for within thirty days after 
said dog is bought or becomes three months of age. (112 v. 347.) 
Sec. 5652-1. (Registration and fee for kennel.) Every owner 
of a kennel of dogs bred or kept for sale shall in like manner as in G. 
C. Sec. 5652 provided, make application for the registration of such 
kennel, and pay therewith to the county auditor a registration fee 
of $10 for such kennel. Provided, however, that the payment of such 
kennel license fee shall entitle the holder thereof to not more than 
five tags to bear consecutive numbers and to be issued in like man- 
ner and have like effect when worn by any dog owned in good faith 241 
by such licensee, with the tags provided for in G. C. Sec. 5652-4 
(112 v. 347.) 
Sec. 5652-1 a. (Kennel owner defined.) A kennel owner is hereby 
defined as being a person, persons, partnership, firm, company or 
corporation professionally engaged in the business of breeding dogs 
for hunting or for sale. (108 v. Pt. 1, 534.) 
Sec. 5652-2. (Requirements of persons becoming the owner of a 
dog or dog kennel.) Every person immediately upon becoming the 
owner, keeper or harbourer of any dog more than three months of age 
or becoming the owner of a dog kennel, during any year, shall file like 
applications, with fees, as required by sections 5652 and 5652-1 for 
registration for the year beginning' January first prior to the date 
of becoming the owner, keeper or harbourer of such dog or owner 
of such dog kennel. (107 v. 534.) 
Sec. 5652-3. (Duty of county auditor upon payment of fee; 
record.) Upon the filing of such application for registration and the 
payment of such registration fee, the county auditor shall assign a 
distinctive number to every dog or dog-kennel described in such ap- 
plication, and deliver a certificate of registration bearing such number 
to the owner thereof. A permanent record of all certificates of regis- 
tration issued, together with the applications therefor, shall be kept 
by such county auditor in a dog and kennel register, which shall be 
open to the inspection of any person during reasonable business 
hours. (107 v. 534.) 
Sec. 5652-4. (Metal tag; form, character and lettering; dupli- 
cates.) In addition to the certificate of registration provided for by 
section 5652-3, the county auditor shall issue to every person making 
application for the registration of a dog and paying the required fee 
therefor, a metal tag for each dog so registered. The form, character 
and lettering of such tag shall be prescribed by the state bureau of 
inspection and supervision of public offices. If any such tags be lost, 
duplicate shall be furnished by the county auditor upon proper proof 
of loss and the payment of twenty-five cents for each duplicate tag 
so issued. [108 v. Pt. 1, 534-) 
Sec. 5652-5. (Certificates and tags valid for one year.) Certifi- 
cates of registration and registration tags shall be valid only during 
the year for which they are issued. (107 v. 535-) 
Sec. 5652-6. (Registered dog to wear tag; when dog shall be 
impounded.) Every registered dog, except dogs constantly confined 
to registered kennels, shall at all times wear a valid tag issued in 
connection with the certificate evidencing such registration. Failure 24 2 
at any time to wear such valid tag shall be prima facie evidence of 
lack of registration and shall subject any dog found not wearing 
such valid tag to impounding, sale or destruction, as hereinafter pro- 
vided. (107 v. 535.) 
Sec. 5652-7. (Appointment of county dog warden and deputies; 
bond; powers and duties. Stealing of dog; penalty.) County com- 
missioners shall appoint or employ a county dog warden and deputies 
to such number, for such periods of time, and at such compensation, 
as such county commissioners shall deem necessary to enforce the 
provisions of the General Code relative to the licensing of dogs, the 
impounding and destruction of unlicensed dogs, and the payment of 
compensation for damages to live stock inflicted by dogs. 
Such county dog warden and deputies shall each give bond in a 
sum not less than five hundred dollars and not more than two thou- 
sand dollars conditioned for the faithful performance of their duties. 
Such bonds to be filed with the county auditor of their respective 
counties. Such county dog warden and deputies shall make a record 
of all dogs owned, kept and harbored in their respective counties. 
They shall patrol their respective counties, seize and impound on 
sight all dogs more than three months of age, found not wearing a 
valid registration tag, except dogs kept constantly confined in a reg- 
istered dog kennel. They shall also investigate all claims for damages 
to live stock inflicted by dogs. They shall make weekly reports, in 
writing, to the county commissioners of their respective counties of 
all dogs seized, impounded, redeemed and destroyed, also, all claims 
for damage to live stock inflicted by dogs. County dog wardens and 
deputies shall have the same police powers as are conferred upon 
sheriffs and police officers in the performance of their duties as pre- 
scribed by this act. They shall, likewise, have power to summon the 
assistance of bystanders in performing their duties and may serve 
writs and other legal processes issued by any court in their respective 
counties with reference to enforcing the provisions of this act. 
County auditors may deputize such county dog wardens or deputies 
to issue dog licenses as provided in G. C. Secs. 5652 and 5652-73. 
Whenever any person shall file an affidavit in a court of competent 
jurisdiction that there is a dog more than three months of age, run- 
ning at large that is not kept constantly confined in a registered dog 
kennel, and not wearing a valid registration tag, or is kept or har- 
bored in his jurisdiction, such court shall forthwith order the county 
dog warden to seize and impound such animal. Thereupon such dog 
warden shall immediately seize and impound such dog so complained 
of. Such officer shall forthwith give notice to the owner of such 243 
dog, if such owner be known to the officer, that such dog has been 
impounded, and that the same will be sold or destroyed if not re- 
deemed within three days. If the owner of such dog be not known 
to the dog warden, he shall post a notice in the county court house 
describing the dog and place where seized and advising the unknown 
owner that such dog will be sold or destroyed if not redeemed within 
three days. 
Whoever steals a dog which has been registered under the pro- 
vision of this chapter shall be fined not less than $50.00 nor more 
than $500.00 or be sentenced to not less than ten days nor more 
than thirty days in the county jail. (112 v. 348.) 
Sec. 5652~7a. (Action of county commissioners when there is 
insufficient money in the dog and kennel fund to pay claims.) If in 
any year there should not be sufficient money in the dog and kennel 
fund, after paying the expenses of administration, to pay the claims 
allowed for live stock injured or destroyed by dogs, the county com- 
missioners between December 1st and December 15th shall ascertain 
the number of claims entered and the amount of money allowed for 
live stock injured and destroyed, and, also the total expense incurred 
by the administration of the dog law, such commissioners shall also 
ascertain the amount received for dog and kennel licenses. The 
license fees for the ensuing year shall then be fixed at such an amount 
that when multiplied by the number of licenses issued during the 
previous year the product will equal the aggregate of the claims for 
injured and destroyed live stock allowed by said county commis- 
sioners, plus the balance of said allowed claims remaining unpaid, 
plus the expense of administration. The increase in said license fee 
shall always be in the ratio of one dollar for male or spayed female 
dogs, three dollars for unspayed female dogs and ten dollars for a 
dog kennel license. (112 v. 349.) 
Sec. 5652-713. (License fee of any dog becoming three months of 
age and dog purchased outside state.) The license fee for any dog, 
becoming three months of age, after July 1st of any year and the 
license fee of any dog purchased from outside of the state of Ohio 
after July 1st of any year, shall be one-half of the original fee. 
(112 v. 349.) 
Sec. 5652-7C. (Transfer of ownership certificate; fee.) Upon the 
transfer of ownership of a dog the person selling such dog shall give 
the buyer a transfer of ownership certificate which shall be signed 
by the seller, such certificate shall contain the licensed number of 
such dog, the name of the person selling the dog and a brief descrip- 
tion of the dog sold. Blank forms of such certificate may be obtained 244 
from the county auditor, a transfer of ownership shall be recorded 
by the county auditor upon presenting a transfer of ownership cer- 
tificate signed by the former owner and accompanied by a fee of 
twenty-five cents. Whoever fails to comply with the provisions of 
this section upon conviction shall be fined not less than five dollars, 
nor more than twenty-five dollars. (112 v. 349.) 
Sec. 5652-8. (Duties of commissioners relative to impounding 
dogs.) County commissioners shall provide nets and other suitable 
devices for the taking of dogs in a humane manner, and except as 
hereinafter provided, also provide a suitable place for impounding 
dogs, and make proper provision for feeding and caring for the same, 
and shall also provide humane devices and methods for destroying 
dogs. Provided, however, that in any county in which there is a 
society for the prevention of cruelty to children and animals, incor- 
porated and organized as provided by law, and having one or more 
agents appointed in pursuance to law, and maintaining an animal 
shelter suitable for a dog pound and devices for humanely destroying 
dogs, the county commissioners shall not be required to furnish a 
dog pound, but the county dog warden shall deliver all dogs seized 
by him and his deputies to such society for the prevention of cruelty 
to children and animals at its animal shelter, there to be dealt with 
in accordance with the law, and the county commissioners shall pro- 
vide for the payment of reasonable compensation to such society for 
its services so performed out of the dog and kennel fund. Provided, 
further, that the county commissioners may designate and appoint 
any officer or officers regularly employed by any society organized 
as provided by G. C. Secs. 10062 to 10067, inclusive, to act as county 
dog warden or deputies for the purpose of carrying out the provisions 
of this act, if such society whose agent or agents are so employed, 
owns or controls a suitable place for keeping and destroying dogs. 
(112 v. 349.) 
Sec. 5652-9. (Housing and feeding; disposition of dogs.) Dogs 
not wearing valid registration tags which have been seized by the 
county dog warden and impounded as hereinbefore provided, shall be 
kept, housed and fed for three days, at expiration of which time, 
unless previously redeemed by the owners thereof, such animals shall 
either be sold or be humanely destroyed; provided, however, that no 
dogs so sold shall be discharged from said pound until such animal 
shall have been registered and furnished with a valid registration tag 
as hereinbefore provided. A record of all dogs impounded, the disposi- 
tion of the same, the owner’s name and address where known, and a 
statement of costs assessed against such dog, as hereinafter provided, 245 
shall be kept by the pound keeper and a transcript thereof by him fur- 
nished to the county treasurer quarterly. (112 v. 350.) 
Sec. 5652-10. (Costs assessed.) Costs shall be assessed against 
every dog seized and impounded under the provisions of this act as 
follows: 
Filing affidavit and issuing order to seize dog $0.50 
Seizing dog and delivering to pound 2.00 
Serving or posting of notice to owner 25 
Housing and feeding dog per day 50 
Selling or destroying dog 50 
Such costs shall be a valid claim in favor of the county against 
the owner, keeper or harborer of a dog seized and impounded under 
the provisions of this act and not redeemed or sold as hereinafter 
provided, and such costs shall be recovered by the county treasurer 
in a civil action against the owner, keeper or harborer. (112 v. 350.) 
Sec. 5652-11. (When dog may be redeemed.) The owner, keeper 
oi harborer of any dog not wearing a valid registration tag, seized 
and impounded under the provisions of this act, at any time prior to 
the expiration of three days from the time such animal is impounded, 
may redeem the same by paying to the dog warden or pound keeper 
all of the costs assessed against such animal and providing such 
animal with a valid registration tag. (112 v. 350.) 
Sec. 5652-12. (Moneys deposited to credit of dog and kennel 
fund.) All funds received by the dog warden or pound keeper in 
connection with the administration of this act shall be deposited in 
the county treasury and placed to the credit of the dog and kennel 
fund. (112 v. 351.) 
Sec. 5652-13. (Uses and purposes of the dog and kennel fund.) 
The registration fees provided for in this act shall constitute a special 
fund known as the dog and kennel fund which shall be deposited by 
the county auditor in the county treasury daily as collected and be 
used for the purpose of defraying the cost of furnishing all blanks, 
records, tags, nets and other equipment, also paying the compensation 
of county dog wardens, deputies, pound keeper and other employees 
necessary to carry out and enforce the provisions of the laws relating 
to the registration of dogs, and for the payment of animal claims as 
provided in G. C. Secs. 5840 to 5849, both inclusive, and in accordance 
with the provisions of G. C. Sec. 5653. Provided, however, that the 
county commissioners by resolution shall appropriate sufficient funds 
out of the dog and kennel fund, said funds so appropriated not to 246 
exceed 50% of the gross receipts of said dog and kennel fund in any 
calendar year, not more than three-tenths of which shall be expended 
by the county auditor for registration tags, blanks, records and clerk 
hire for the purpose of defraying the necessary expenses of regis- 
tering, seizing, impounding and destroying dogs in accordance with 
the provisions of G. C. Sec. 5652 and, supplemental sections. (112 v. 
351-) 
Sec. 5652-14. Penalty for failure to file application.) Whoever, 
being the owner, keeper or harborer of a dog more than three months 
of age or being the owner of a dog kennel fails to file the application 
for registration required by law, or to pay the legal fee therefor, shall 
be fined not less than ten nor more than twenty-five dollars, and the 
costs of prosecution. Whoever obstructs or interferes with anyone 
lawfully engaged in capturing an unlicensed dog or making examina- 
tion of a dog wearing a tag shall be fined not less than ten dollars 
nor more than one hundred dollars. (112 v. 351.) 
Sec. 5652-14a. (Confinement of female dogs when in heat; and 
all dogs between sunset and sunrise; penalty.) It shall be unlawful 
for the owner, keeper or harborer of any female dog to permit such 
female dog to go beyond the premises of such owner or keeper at 
any time such dog is in heat, unless such female dog is properly in 
leash. 
The owner or keeper of every dog shall at all times between the 
hours of sunset and sunrise of each day keep such dog either confined 
upon the premises of the owner or firmly secured by means of a collar 
and chain or other device so that it cannot stray beyond the premises 
of the owner or keeper, or under reasonable control of some person 
or when lawfully engaged in hunting accompanied by an owner or 
handler. 
Whoever fails to keep any dog in their possession lawfully under 
control as provided in this act shall be liable to a fine of not less than 
ten dollars, nor more than twenty-five dollars. (112 v. 351.) 
Sec. 5652-14b. (Failure of county dog warden to perform duties; 
penalty.) The county dog warden of any county who wilfully fails 
to perform his duties under Sec. 5652-7 or other duties required of 
dog wardens by law shall upon conviction thereof be fined not less 
than twenty-five dollars nor more than fifty dollars. (112 v. 352.) 
Sec. 5652-15. (Wearing fictitious or altered tag unlawful.) Who- 
ever owns, keeps or harbors a dog wearing a fictitious, altered or 
invalid registration tag or a registration tag not issued by the county 
auditor in connection with the registration of such animal, shall be fined not more than one hundred dollars, and the costs of prosecution. 
All fines collected under the provisions of Secs. 5652-7C, 5652-14, 
5652-143, 5652-146 and 5652-15 shall be deposited in the county treas- 
ury to the credit of the dog and kennel fund. (112 v. 352.) 
Sec. 5652-16. (Declaring quarantine when rabies are prevalent; 
duty of dog warden.) Whenever in the judgment of any city or 
general health district board of health, or person or persons per- 
forming the duties of a board of health, rabies shall be declared to 
be prevalent, such board of health, or person or persons performing 
the duties of such board of health, shall declare a quarantine of all 
dogs in such health district, or part thereof. The quarantine so de- 
clared shall consist of the confinement of any dog or dogs on the 
premises of the owner or in a suitable pound or kennel if a pound 
or kennel is provided by the city or county; provided, a dog may be 
permitted to leave the premises of the owner if under leash or under 
the control of the owner or other responsible person. The quarantine 
order herein authorized shall be considered an emergency and need 
not be published. 
When a quarantine of dogs has been declared in any health dis- 
trict, or part thereof, it shall be the duty of the dog warden and all 
other persons having the authority of police officers to assist the 
health authorities in enforcing the provisions of the quarantine order. 
The penalty for the violation of the rabies quarantine order shall 
be the same as provided for the violation of other orders or regula- 
tions of the board of health. (112 v. 352.) 
Sec. 5653. (Disposition of surplus fund.) After paying' all of 
the necessary expenses of administering- the sections of the General 
Code relating to the registration, licensing, seizing, impounding and 
destroying of dogs and making compensation for injuries to live 
stock inflicted by dogs, also after paying all horse, sheep, cattle, 
swine, mule and goat claims, at the December session of the county 
commissioners, if there remain more than one thousand dollars of 
the dog and kennel fund arising from the registration of dogs and 
dog kennels for such year in a county in which there is a society for 
the prevention of cruelty to children and animals, incorporated and 
organized by law, and having one or more agents appointed in pur- 
suance to law, or any other society organized as provided in G. C. 
Secs. 10062 to 10067, inclusive, that owns or controls a suitable dog 
kennel or a place for the keeping and destroying of dogs which has 
one or more agents appointed and employed in pursuance to law, all 
such excess as the county commissioners deem necessary for the 
uses and purposes of such society by order of the county commission- 248 
ers and upon the warrant of the county auditor shall be paid to the 
treasurer of such society. 
Provided that in a county in which there is such society organ- 
ized by law, after the county commissioners have paid such society 
such excess as they deem necessary; or in any county in which there 
is no such society organized as provided by law, if there should 
remain in such fund a sum in excess of five thousand dollars, after 
all legitimate expenses chargeable to such fund have been paid, any 
sum in excess of such five thousand dollars shall be transferred to 
the county general fund. (112 v. 352.) 
Sec. 5777. (Drug adulteration defined.) A drug is adulterated 
within the meaning of this chapter (1) if, when sold under or by a 
name recognized in the official United States Pharmacopoeia or in 
the official national formulary, or in any supplement to either of them, 
it differs from the standard of strength, quality or purity laid down 
therein; (2) if, when sold under or by a name not recognized in the 
official United States Pharmacopoeia or in the official National For- 
mulary, or in any supplement to either of them, but which is found 
in some other pharmacopoeia, or other standard work on materia 
medica, it differs materially from the standard strength, quality or 
purity laid down in such work; (3) if its strength, quality or purity 
falls below the professed standard under which it is sold; (4) if it is an 
imitation of, or offered for sale under the name of another article; (5) 
if the contents of the package as originally put up shall have been 
removed, in whole or in part, and other contents shall have been 
placed in such package; (6) if it contains any methyl or wood alcohol. 
(120 v. S. 243. Eff. August 19, 1943.) 
Sec. 5778. (Food, drink, confectionery, or condiment adultera- 
tion defined.) Food, drink, confectionery or condiments are adulter- 
ated within the meaning of this chapter (1) if any substance or sub- 
stances have been mixed with it', so as to lower or depreciate or 
injuriously affect its quality, strength or purity; (2) if any inferior 
or cheaper substance or substances have been substituted wholly, or in 
part, for it; (3) if any valuable or necessary constituent or ingredient 
has been wholly, or in part, abstracted from it; (4) if it is an imita- 
tion of, or is sold under the name of another article; (5) if it con- 
sists wholly, or in part, of a diseased, decomposed, putrid, infected, 
tainted or rotten animal or vegetable substance or article, whether 
manufactured or not, or in the case of milk, if it is the product of a 
diseased animal; (6) if it is colored, coated, polished or powdered, 
whereby damage or inferiority is concealed, or if by any means it is 
made to appear better or of greater value than it really is; (7) if it 249 
contains any added substance or ingredient which is poisonous or 
injurious to health; (8) if, when sold under or by name recognized 
in the official United States Pharmacopoeia or in the official National 
Formulary, or in any supplement to either of them, it differs from the 
standard of strength, quality or purity laid down therein; (9) if, 
when sold under or by a name not recognized in the official United 
States Pharmacopoeia or in the official National Formulary, or in any 
supplement to either of them, but if found in some other pharma- 
copoeia, or other standard work on materia medica, it differs mate- 
rially from the standard of strength, quality or purity, laid down in 
such work; (10) if the strength, quality or purity falls below the 
professed standard under which it is sold; (11) if it contains any 
methyl or wood alcohol; (12) if water or any other substance has 
been added for the purpose of increasing its weight. (120 v. S. 243. 
Eff. August 19, 1943.) 
Sec. 5784. (Misbranding of drugs defined.) A drug shall be 
misbranded within the meaning of this chapter: (1) if the package 
fails to bear a statement on the label of the quantity or proportion 
of grain or ethyl alcohol, morphine, opium, cocaine, heroin, alpha or 
beta eucaine, chloroform, cannabis, chloral hydrate, acetanalid or any 
derivative or preparation of such substances contained therein, pro- 
vided, that the provisions of this section shall not apply to the pre- 
scriptions of regular licensed physicians, dentists and doctors of 
veterinary medicine, nor to such drugs and preparations as are 
officially recognized in the official United States Pharmacopoeia or in 
the official National Formulary, or in any supplement to either of 
them, and which are sold under the name by which they are so recog- 
nized ; (2) if the package containing it or any label thereon bears a 
statement, design or device regarding it or the ingredients or sub- 
stances contained therein, which is false or misleading in any par- 
ticular; (3) if the package containing it or any label thereon bears or 
contains any statement, design or device regarding the curative or 
the therapeutic effect of such article or any of the ingredients or 
substances contained therein, which is false and fraudulent. (120 v. 
S. 243. Eff. August 19, 1943.) 
Sec. 5837. (When dog may be considered property.) A dog 
which has been listed and valued for taxation as personal property, 
and the tax upon such valuation and per capita tax upon such dog 
having been paid, if due, shall be considered as personal property 
and have all the rights and privileges and be subject to like lawful 
restraints as other live stock. A recovery shall not be had for the 250 
malicious and unlawful killing of such dog in excess of double the 
amount for which it is so listed. (94 v. 118.) 
Sec. 5838. (When dog may be killed; owner liable for damages.) 
A dog that chases, worries, injures or kills a sheep, lamb, goat, kid, 
domestic fowl, domestic animal or person, can be killed at any time 
or place; and, if in attempting to kill such dog running at large a 
person wounds it, he shall not be liable to prosecution under the 
penal laws which punish cruelty to animals. The owner or harborer 
of such dog shall be liable to a person damaged for the injury done. 
(94 v. 118). 
Sec. 5839. (When dog is a nuisance.) The court or justice, be- 
fore which the recovery is had for such injury, shall declare such dog 
to be a common nuisance and order the defendant to kill it or cause 
it to be killed within twenty-four hours thereafter, or order a con- 
stable, marshal or sheriff to kill it. (94 v. 118.) 
Sec. 5840. (Loss or injury to animals by dogs.) Any owner of 
horses, sheep, cattle, swine, mules, goats and domestic fowls or poul- 
try having an aggregate value of ten dollars or more which have 
been injured or killed by a dog not belonging to him or harbored on 
his premises, in order to be entitled to enter a claim for damages 
must notify a county commissioner in person or by registered mail 
within forty-eight hours after such loss or injury has been discovered, 
and such commissioner shall immediately notify the dog warden or 
other enforcing officer of such loss or* injury, whose duty it shall be 
to have the facts of such loss or injury investigated at once. The 
owner of such horses, sheep, cattle, swine, mules, goats, or domestic 
fowls or poultry having a value of ten dollars or more, may present 
to the township trustees of the township in which such loss or injury 
occurred, within sixty days a detailed statement of such loss or 
injury done, supported by his affidavit that it is a true account of 
such loss or injury. A duplicate of such statement shall be presented 
to the county commissioners of the county in which such loss or in- 
jury occurred. If such statements are not filed within sixty days after 
the discovery of such loss and injury no compensation shall be made 
therefor. Such statement shall set forth the kind, grade, quality, 
and value of the horses, sheep, cattle, swine, mules, goats and do- 
mestic fowls or poultry having a value of ten dollars or more so killed 
or injured, and the nature and amount of the loss or injury com- 
plained of, the place where such loss or injury occurred, and all other 
facts in the possession of the claimant which would enable the dog 
warden to fix the responsibility for such loss or injury. Statements 
of the nature and amount of the loss or injury complained of shall 251 
be supported by the testimony of at least two freeholders who viewed 
the results of the killing or injury and who can testify thereto. (120 
v. H. 171. Eff. September 16, 1943.) 
Sec. 5&41- (Proof required of owner.J Before any claim shall 
be allowed by the trustees to the owner of such horses, sheep, cattle, 
swine, mules, goats or domestic fowls or poultry having a value of 
ten dollars or more, it shall be proved to the satisfaction of the 
trustees: 
(1) That the loss or injury complained of was not caused in 
whole or in part by a dog or dogs kept or harbored on the owner’s 
premises, or; 
(2) If the dog or dogs causing such loss or injury were kept 
or harbored on such owner’s premises, that such dog or dogs were 
duly registered and that they were destroyed within forty-eight 
hours from the time of the discovery of the fact that the injury was 
so caused. 
If the owner of the dog or dogs causing such loss or injury is 
known, it shall be the duty of the trustees to bring an action to 
recover such damage from the owner of said dog or dogs, if in 
their judgment said damage could be collected, unless it is shown 
to said trustees that said dog or dogs were duly registered and that 
they were destroyed within forty-eight hours after discovery of the 
fact that the loss was so caused. (120 v. H. 171. Eff. September 16, 
1943-) 
Sec. 5842. (Trustees shall receive ether information.) The 
township trustees shall receive any other information or testimony 
that will enable them to determine the value of the horses, sheep, 
cattle, swine, mules, goats and domestic fowls or poultry having 
a value of ten dollars or more so killed or injured. (120 v. H. 171. 
Eff. September 16, 1943.) 
Sec. 5843. (Registered stock; requirements relative thereto.) 
If the horses, sheep, cattle, swine, mules, goats and domestic fowls 
or poultry having a value of ten dollars or more whose killing or 
injury is complained of are registered in any accepted association 
of registry, the registration papers shall be filed with the trustees 
showing the lines of breeding, age and other matters therein con- 
tained. If such animals killed or injured are the offspring of regis- 
tered stock and eligible to register, the registry papers showing the 
breeding of such offspring shall be filed with the trustees, who shall 
allow the actual value of such offspring for breeding purposes and 
may receive affidavits or any other evidence bearing on the subject, 
that will assist them in determining the true value thereof. Such 252 
trustees shall determine from all the testimony, affidavits, or other 
evidence at their disposal, the amount of the damage to same. (120 
v. H. 171. Eff. September 16, 1943.) 
Sec. 5844. (Trustees shall hear claims in their order of filing; 
other duties.) The township trustees shall hear such claims in the 
order of their filing and may allow them in full or such parts thereof 
as the testimony shows to be just. They shall endorse the amount 
allowed on each claim and transmit their findings with the testimony 
so taken and the fees due witnesses in each case over their official 
signatures, to the county commissioners in care of the county auditor, 
who shall enter each claim so reported upon a book to be kept for 
that purpose in the order of their receipt. (107 v. 538.) 
Sec. 5845. (Witness fees and mileage; affidavit by tenant or em- 
ploye; when.) Witnesses not exceeding four in number, as provided 
in the next preceding section, shall be allowed fifty cents each and 
mileage at the rate of five cents per mile, going and returning, in 
each case. The trustees shall administer an oath or affirmation to 
each claimant or witness. 
If the horses, sheep, cattle, swine, mules, goats and domestic 
fowls or poultry having a value of ten dollars or more killed or 
injured, are in the care of an employe or tenant of the owner thereof, 
the affidavit provided in section 5840, may be made by such employe 
or tenant, whose testimony may be received in regard to all matters 
relating thereto to which said owner would be competent to testify. 
(120 v. H. 171. Efif. September 16, 1943.) 
Sec. 5846. (Payments out of dog and kennel fund.) The county 
commissioners at the next regular meeting after such claims have 
been submitted as provided in the preceding sections shall examine 
same and may hear additional testimony or receive additional affi- 
davits in regard thereto and may allow the amount previously deter- 
mined by the township trustees or a part thereof, or any amount in 
addition thereto as they may find to be just, to be paid out of the 
fund created by the registration of dogs and dog kennels and known 
as the dog and kennel fund. Such claims as are allowed in whole 
or in part shall be paid by voucher issued by the county auditor at 
the close of the following calendar month, after such claims have 
been finally allowed. If the funds are insufficient to pay said claims, 
they shall be paid in the order allowed at the close of the next calen- 
dar month in which there is sufficient funds available in said dog and 
kennel fund. (112 v. 353.) 
Sec. 5847. (Who shall furnish blanks.) All accounts against the 253 
dog and kennel fund and all accompanying affidavits and testimony 
shall be upon blanks furnished by the county commissioners, the 
form for which shall be prepared by the secretary of state. (107 v. 
539-) 
Sec. 5848. (Owner of killed or injured animals may appeal to 
probate court, when.) An owner of horses, sheep, cattle, swine, 
mules, goats and domestic fowls or poultry having a value of ten 
dollars or more so killed or injured, not being satisfied with a final 
allowance made by the commissioners, as provided in section fifty- 
eight hundred and forty-six, within thirty days thereafter may take 
an appeal from such finding to the probate court of the county by 
filing, as party plaintiff, a petition in such court setting out the facts 
in the case as contended for by the owner. Proceedings shall be had 
thereon as provided by law in civil cases and the county commission- 
ers shall be made party defendant. (120 v. H. 171. Eff. September 
16, 1943.) 
Sec. 5849. (Number of witnesses allowed; how costs paid.) The 
probate court shall hear such proceedings as in equity and determine 
the value of the horses, sheep, cattle, swine, mules, goats and domestic 
fowls or poultry killed or injured, but not more than three witnesses 
shall be called by each party. The amount found by such court shall 
be final and the judge thereof shall certify it to the county commis- 
sioners when like proceedings shall be had as to payment thereof, as 
If such amount had been found by the commissioners in the first 
instance. 
If an increased allowance is made by such court, the costs shall be 
paid equally by the parties, and if no increase is made, the plaintiff 
shall pay all the costs. (120 v. H. 171. Eff. September 16, 1943.) 
Sec. 5850. (Limit of amount.) No amount shall be so allowed 
by the county commissioners or probate court for a head of regis- 
tered sheep or lambs, eligible for registry, in excess of thirty dollars. 
(R. S. 4215-) 
Sec. 5851. (Reimbursement of person injured by a mad dog or 
other animal.) A person bitten or injured by a dog, cat or other 
animal afflicted with rabies, if such injury has caused him to employ 
medical or surgical treatment or required the expenditure of money, 
within four months after such injury and at a regular meeting of the 
county commissioners of the county where such injury was received, 
may present an itemized account of the expenses incurred and amount 
paid by him for medical and surgical attendance, verified by his own 
affidavit and that of his attending physician; or the administrator 01- 254 
executor of a deceased person may present such claim and make such 
affidavit. If the person so bitten or injured is a minor such affidavit 
may be made by his parent or guardian. (112 v. 354.) 
Sec. 5852. (Duty of county commissioners.) The county com- 
missioners not later than the third regular meeting, after it is so 
presented, shall examine such account, and, if found in whole or in 
part correct and just, shall order the payment thereof in whole or 
in part to the patient and to the physician who rendered such" treat- 
ment, in accordance with their respective claims, but a person shall 
not receive for one injury a sum exceeding two hundred dollars. (112 
v. 3540 
Sec. 6212-1. (Definition of terms.) For the purpose of all sec- 
tions of the General Code relating to nuisances the term place, person 
and nuisance are defined as follows: place shall include any building, 
erection, or place or any separate part or portion thereof or the 
ground itself; person shall include any individual, corporation, asso- 
ciation, partnership, trustee, lessee, agent, or assignee; nuisance shall 
mean that which is defined and declared by statute to be such and 
shall also mean any place as above defined in or upon which lewdness, 
assignation, or prostitution is conducted, permitted, continued, or 
exists, or any place, in or upon which lewd, indecent, lascivious or 
obscene films or plate negatives, film or plate positives, films designed 
to be projected on a screen for exhibition films or glass slides either 
in negative or positive form designed for exhibition by projection on 
a screen, are photographed, manufactured, developed, screened, ex- 
hibited or otherwise prepared or shown, and the personal property and 
contents used in conducting and maintaining any such place for any 
such purpose. Provided, however, that nothing in this act shall be 
construed to effect any motion picture film which has been approved 
by the division of film censorship nor to any newspaper, magazine, 
or other publication entered as second class matter by the United 
States post office department. (120 v. S. 138. Eff. August 18, 1943.) 
Sec. 6212-2. (Who guilty of maintaining a nuisance.) Any per- 
son who shall use, occupy, establish or conduct a nuisance as defined 
in section 6212-1, or aid or abet therein, and the owner, agent, or 
lessee of any interest in any such nuisance together with the persons 
employed in or in control of any such nuisance by any such owner, 
agent, or lessee shall be guilty of maintaining a nuisance and shall be 
enjoined as hereinafter provided. (107 v. 514.) 
Sec. 6212-3. (Who may bring action to abate nuisance; bond in 
certain cases.) Whenever a nuisance exists the attorney general of the state, the prosecuting attorney of the county, or any person who 
is a citizen of the county may bring an action in equity in the name 
of the state of Ohio, upon the relation of such attorney general, prose- 
cuting attorney, or person, to abate such nuisance and to perpetually 
enjoin the person or persons maintaining the same from further 
maintenance thereof. If such action is instituted by a person other 
than the prosecuting attorney, or attorney general, the complainant 
shall execute a bond to the person against whom complaint is made, 
with good and sufficient surety to be approved by the court or clerk 
thereof, in the sum of not less than five hundred dollars, to secure to 
the party enjoined the damages he may sustain if such action is 
wrongfully brought, not prosecuted to final judgment, or is dismissed, 
or is not maintained, or if it be finally decided that the injunction 
ought not to have been granted. The party thereby aggrieved by 
the issuance of such injunction shall have recourse against said 
bond for all damages suffered, including damage to his property, 
person or character and including reasonable attorney’s fees incurred 
by him in making defense to said action. (107 v. 514.) 
Sec. 6212-4. (Court in which action shall be brought; filing of 
petition; temporary injunction; restraining order; service of copy of 
complaint and notice of hearing; order of court; final decision.) Such 
action shall be brought in the common pleas court of the county in 
which the property is located. At the commencement of the action a 
verified petition alleging the facts constituting the nuisance shall be 
filed in the office of the clerk of the court. After the filing of the 
petition, application for a temporary injunction may be made to the 
court or a judge thereof who shall grant a hearing thereon within 
ten days thereafter. Where such application for a temporary injunc- 
tion has been made, the court or judge thereof may, on application 
of the complainant, issue an ex parte restraining order restraining 
the defendant and all other persons from removing or in any manner 
interfering with the personal property and contents of the place where 
such nuisance is alleged to exist until the decision of the court or 
judge granting or refusing such temporary injunction and until the 
further order of the court thereon. The restraining order may be 
served by handing to and leaving a copy of said order with any person 
in charge of such place or residing therein, or by posting a copy 
thereof in a conspicuous place at or upon one or more of the principal 
doors or entrances to such place, or by both such delivery and posting. 
The officer serving such restraining order shall forthwith make and 
return into court an inventory of the personal property and contents 
situated in and used in conducting or maintaining such nuisance. 256 
Any violation of such restraining order shall be a contempt of court, 
and where such order is so posted mutilation or removal thereof, 
while the same remains in force, shall be a contempt of court, pro- 
vided such posted order contains thereon or therein a notice to that 
effect. A copy of the complaint together with a notice of the time 
and place of the hearing of the application for a temporary injunction 
shall be served upon the defendant at least five days before such 
hearing. If the hearing be then continued at the instance of any 
defendant, the temporary writ as prayed shall be granted as a matter 
of course. If upon hearing the allegations of the petition be sustained 
to the satisfaction of the court or judge, the court or judge shall 
issue a temporary injunction without additional bond restraining the 
defendant and any other person or persons from continuing the nui- 
sance. If at the time of granting a temporary injunction, it shall 
further appear that the person owning, in control, or in charge of 
the nuisance so enjoined had received five days’ notice of the hearing 
and unless such person shall show to the satisfaction of the court or 
judge that the nuisance complained of has been abated, or that such 
person proceeded forthwith to enforce his rights under the provisions 
of section 12 (*) of this act, the court or judge shall forthwith issue 
an order closing the place against its use for any purpose of lewdness, 
assignation or prostitution until final decision shall he rendered on the 
application for a permanent injunction. Such order shall also con- 
tinue in effect for such further period the restraining order above 
provided if already issued, or, if not so issued, shall include such 
an order restraining for such period the removal or interference with 
the personal property and contents located thereat or therein as here- 
inbefore provided, and such restraining order shall be served and 
the inventory of such property shall be made and filed as hereinbefore 
provided; provided, however, that the owner or owners of any real 
or personal property so closed or restrained or to be closed or re- 
strained may appear at any time between the filing of the petition 
and the hearing on the application for a permanent injunction and, 
upon payment of all costs incurred and upon the filing of a bond by 
the owner of the real property with sureties to be approved by the 
clerk in the full value of the property to be ascertained by the court, 
or, in vacation, by the judge, conditioned that such owner or owners 
will immediately abate the nuisance and prevent the same from being 
established or kept until the decision of the court or judge shall have 
been rendered on the application for a permanent injunction, then 
and in that case, the court, or judge in vacation, if satisfied of the 
(*) Section 12 is G. C. section 6212-12. good faith of the owner of the real property and of innocence on the 
part of any owner of the personal property of any knowledge of the 
use of such personal property as a nuisance and that, with reasonable 
care and diligence, such owner could not have known thereof, shall 
deliver such real or personal property or both to the respective owners 
thereof, and discharge or refrain from issuing at the time of the 
hearing on the application for the temporary injunction, as the case 
may be, any order or orders closing such real property or restraining 
the removal or interference with such personal property. The release 
of any real or personal property under the provisions of this section 
shall not release it from any judgment, lien, penalty, or liability to 
which it may be subjected by law. (107 v. 514.) 
Sec. 6212-5. (Such actions shall have precedence over other 
cases; admissible evidence; dismissal; costs.) The action when 
brought shall be noticed for trial at the first term of the court and 
shall have precedence over all other cases except crimes, election 
contests, or injunctions. In such action evidence of the general 
reputation of the place or an admission or finding of guilt of any 
person under the criminal laws against prostitution, lewdness, or 
assignation at any such place shall be admissible for the purpose of 
proving the existence of said nuisance and shall be prima facie evi- 
dence of such nuisance and of knowledge of and of acquiescence and 
participation therein on the part of the person or persons charged 
with maintaining said nuisance as herein defined. If the complaint is 
filed by a person who is a citizen of the county it shall not be dis- 
missed except upon a sworn statement by the complainant and his or 
its attorney, setting forth the reasons why the action should be dis- 
missed and the dismissal approval by the prosecuting attorney in 
writing or in open court. If the court or judge is of the opinion that 
the action ought not to be dismissed, he may direct the prosecuting 
attorney to prosecute said action to judgment at the expense of the 
county, and if the action is continued more than one term of court, 
any person who is a citizen of the county, or has an office therein, 
or the attorney general or the prosecuting attorney, may be sub- 
stituted for the complainant and prosecute said action to judgment. 
If the action is brought by a person who is a citizen of the county 
and the court finds that there were no reasonable grounds or cause 
for said action, the costs may be taxed to such person. If the exist- 
ence of the nuisance be established upon the trial, a judgment shall 
be entered which shall perpetually enjoin the defendants and any 
other person or persons from further maintaining the nuisance at 258 
the place complained of and the defendants from maintaining such 
nuisance elsewhere. (107 v. 516.) 
Sec. 6212-6. (What judgment and order shall include.) If the 
existence of the nuisance be admitted or established in an action as 
provided in this act, or in a criminal proceeding, an order of abate- 
ment shall be entered as a part of the judgment in the case, which 
order shall direct the removal from the place of all personal property 
and contents used in conducting the nuisance, and not already re- 
leased under authority of the court as provided in section 4, (*) and 
shall direct the sale of such thereof as belong to the defendants noti- 
fied or appearing, in the manner provided for the sale of chattels 
under execution. Such order shall also require the renewal for one 
year of any bond furnished by the owner of the real property as pro- 
vided in section 4, (*) or, if not so furnished, shall continue for one 
year any closing order issued at the time of granting the temporary 
injunction, or, if no such closing order was then issued, shall include 
an order directing the effectual closing of the place against its use 
for any purpose, and so keeping it closed for a period of one year 
unless sooner released; provided, however, that the owner of any 
place so closed and not released under bond as hereinbefore provided 
may now appear and obtain such release in the manner and upon ful- 
filling the requirements as hereinbefore provided. The release of the 
property under the provisions of this section shall not release it from 
any judgment, lien, penalty, or liability to which it may be subject 
by law. Owners of unsold personal property and contents so seized 
must appear and claim same within ten days after such order of abate- 
ment is made and prove innocence, to the satisfaction of the court, 
of any knowledge of said use thereof and that with reasonable care 
and diligence they could not have known thereof. Every defendant 
in the action shall be presumed to have had knowledge of the general 
reputation of the place. If such innocence be so established, such un- 
sold personal property and contents shall be delivered to the owner, 
otherwise it shall be sold as hereinbefore provided. For removing 
and selling the personal property and contents, the officer shall be en- 
titled to charge and receive the same fees as he would for levying 
upon and selling like property on execution; and for closing the 
place and keeping it closed, a reasonable sum shall be allowed by the 
court. (107 v. 517.) 
(*) Section 4 is G. C. section 6212-4. 
Sec. 6212-7. (Duties of prosecuting attorney.) In case the 
existence of such nuisance is established in a criminal proceeding, it 259 
shall be the duty of the prosecuting attorney to proceed promptly 
under this act to enforce the provisions and penalties thereof, and 
the finding of the defendant guilty in such criminal proceedings, un- 
less reversed or set aside, shall be conclusive as against such de- 
fendant as to the existence of the nuisance. All moneys collected 
under this act shall be paid to the county treasurer. The proceeds 
of the sale of the personal property, as provided in the preceding 
section, shall be applied in payment of the costs of the action and 
abatement including the complainant’s costs or so much of such pro- 
ceeds as may be necessary, except as hereinafter provided. (107 v. 
5I7-) 
Sec. 6212-8. (Court shall punish offender for violation of injunc- 
tion or order.) In case of the violation of any injunction or closing 
order granted under provisions of this act, or of a restraining order 
or the commission of any contempt of court in proceedings under this 
act, the court or, in vacation, a judge thereof, may summarily try and 
punish the offender. The trial may be had upon affidavits or either 
party may demand the production and oral examination of the wit- 
nesses. A party found guilty of contempt under the provisions of 
this act shall be punished by a fine of not more than one thousand 
dollars or by imprisonment in the county jail not more than six 
months, or by both such fine and imprisonment. ((107 v. 518.) 
Sec. 6212-9. (Tax when permanent injunction issues; payment.) 
Whenever a permanent injunction issues against any person or per- 
sons for maintaining a nuisance as herein defined, there shall be im- 
posed upon said nuisance and against the person or persons main- 
taining the same a tax of three hundred dollars; provided, however, 
that such tax may not be imposed upon the personal property or 
against the owner or owners thereof who have proven innocence as 
hereinbefore provided, or upon the real property or against the 
owner or owners thereof who shall show to the satisfaction of the 
court or judge thereof at the time of the granting of the permanent 
injunction, that he or they have in good faith permanently abated 
the nuisance complained of. The imposition of said tax shall be made 
by the court as a part of the proceeding and the clerk of said court 
shall make and certify a return of the imposition of said tax thereon 
to the county auditor, who shall enter the same as a tax upon the 
property and against the persons upon which or whom the lien was 
imposed as and when other taxes are entered, and the same shall be 
and remain a perpetual lien upon all property, both personal and real, 
used for the purpose of maintaining said nuisance except as herein 
excepted until fully paid: provided that any such lien imposed while the tax books are in the hands of the auditor shall be immediately 
entered therein. The payment of said tax shall not relieve the per- 
sons or property from any other taxes provided by law. The pro- 
visions of the laws relating to the collection of taxes in this state, the 
delinquency thereof, and sale of property for taxes shall govern in 
the collection of the tax herein prescribed in so far as the same are 
applicable, and the said tax collected shall be applied in payment of 
any deficiency in the costs of the action and abatement on behalf of 
the state to the extent of such deficiency after the application thereto 
of the proceeds of the sale of personal property as hereinbefore pro- 
vided, and the remainder of said tax together with the unexpended 
portion of the proceeds of the sale of personal property shall be dis- 
tributed in the same manner as fines collected for the keeping of 
houses of ill fame. (107 v. 518.) 
Sec. 6212-10. (When tax shall be imposed against the person 
served and property.) When such nuisance has been found to exist 
under any proceeding as in this act provided, and the owner or agent 
of such place whereon the same has been found to exist was not a 
party to such proceeding, nor appeared therein, the said tax of three 
hundred dollars shall, nevertheless, be imposed against the persons 
served or appearing and against the property as in this act set forth. 
But before such tax shall be enforced against such property, the 
owner or agent thereof shall have appeared therein or shall be served 
with summons therein, and the provisions of existing laws regard- 
ing the service of process shall apply to service in proceedings under 
this act. The person in whose name the real estate affected by the 
action stands on the books of the county auditor for purposes of 
taxation shall be presumed to be the owner thereof, and in case of 
unknown persons having or claiming any ownership, right, title, or 
interest in property affected by the action, such may be made parties 
to the action by designating them in the petition as “all other persons 
unknown claiming any ownership, right, title, or interest in the 
property affected by the action” and service thereon may be had by 
publication in the manner prescribed by law. Any person having or 
claiming such ownership, right, title, or interest, and any owner or 
agent in behalf of himself and such owner may make defense thereto 
and have trial of his rights in the premises by the court; and if said 
cause has already proceeded to trial or to findings and judgment, the 
court shall by order fix the time and place of such further trial and 
shall modify, add to, or confirm such findings and judgment as the 
case may require. Other parties to said action shall not be affected 
thereby. (107 v. 519.) 261 
Sec. 6212-11. (Any provision held unconstitutional shall not 
affect others.) Should any provision or item of this act be held un- 
constitutional, such fact shall not be held to invalidate the other pro- 
visions and items thereof. (107 v. 519.) 
Sec. 6212-12. (Lease void when tenant uses building for lewd 
purposes.) If a tenant or occupant of a building or tenement, under 
a lawful title uses such place for the purposes of lewdness, assigna- 
tion, or prostitution such use shall annul and make void the lease 
or other title under which he holds at the option of the owner and. 
without any act of the owner, shall cause the right of possession to 
revert and vest in him. and he may without process of law make im- 
mediate entry upon the premises. (107 v. 519.) 
Sec. 6259. (Licenses.) The commissioner of health may grant 
licenses to maintain maternity hospitals or homes, lying-in hopsitals, 
or places where women are received and cared for during parturition. 
An application therefor shall first be approved by the board of health 
of the city, village or township in which such maternity hospital or 
home, lying-in hospital, or place where women are received and cared 
for during parturition is to be maintained A record of the license 
so issued shall be kept by the state department of health, which shall 
forthwith give notice to the board of health of the city, village or 
township, in which the licensee resides, of the granting of such license 
and of the terms thereof. (108 v. Pt. 1, 47.) 
Sec. 6260. (Term and content of license.) Such license shall 
be granted for a term not exceeding one year and shall state the 
name of the licensee, the particular premises in which the business 
may be carried on, the number of women and infants that may be 
boarded, treated or maintained there at any one time, and, if required 
by the board of health of the city, village or township in which such 
maternity boarding house or lying-in hospital is located, it shall be 
posted in a conspicuous place on the licensed premises. (99 v. 13.) 
Sec. 6261. (Limitation of women and children.) No greater 
number of women and infants shall be kept at one time on such 
premises than is authorized by the license and no woman or infants 
shall be kept in a building or place not designated in the license. 
(99 v- I3-) 
Sec. 6262. (Inspection.) The commissioner of health and the 
boards of health of cities, villages or townships shall annually, and 
may, at any time, visit and inspect, or designate a person to visit 
and inspect the system, condition and management of the instiutions 
and premises so licensed. (108 v. Pt. 1, 47.) 262 
Sec. 6263. (Revocation of license.) The state board of health 
may revoke such license when a provision of this chapter is violated, 
or when, in the opinion of such board, such maternity boarding house 
or lying-in hospital is maintained without regard to the health, com- 
fort or morality of the inmates thereof, or without due regard to 
sanitation and hygiene. (99 v. 14.) 
Sec. 6264. (Record of revocation.) Such board shall note such 
revocation upon the face of the record thereof and give written 
notice of the revocation to the licensee by delivering the notice to 
him in person or leaving it on the licensed premises, and shall forth- 
with notify the board of health of such city, village, or township 
in which the maternity boarding house or lying-in hospital is situated. 
(99 v. 14.) 
Sec. 6265. (Reporting births.) A birth which takes place in a 
maternity boarding house or lying-in hospital shall be attended by a 
legally qualified physician who shall forthwith report it to the board 
of health of the city, village or township in which the maternity 
boarding house or lying-in hospital is located. (99 v. 14.) 
Sec. 6266. (Adopting children.) A person holding such license 
shall keep a record, in a form to be prescribed by the state board of 
health, wherein he shall enter the name and address of the physician 
who attended at the birth taking place in such house or hospital of 
any infant who may be sick, the name, age and sex of children born 
on the premises or brought thereto, and age of a child who is given 
out, adopted or taken away to or by any person, together with the 
name and residence of the person so adopting or taking away such 
child. (99 v. 14.) 
Sec. 6267. (Copy of record.) Within twenty-four hours after 
such child is given out or taken away, the person licensed as afore- 
said shall cause a correct copy of the record relating thereto to be 
sent to the board of health of the city, village or township wherein 
such house or hospital is located. (99 v. 14.) 
Sec. 6268. (Notice to board of health.) A person licensed as 
aforesaid, immediately after the death of an inmate of such boarding 
house or lying-in hospital, whether a woman or an infant born therein 
or brought thereto, shall cause notice thereof to be given to the board 
of health of the city, village or township in which such house or 
hospital is located. (99 v. 14.) 
Sec. 6269. (Coroner’s inquest.) Such board of health shall 
forthwith call the coroner of the county in which said person died 
to hold an inquest on the body of the person, unless a certificate 263 
under the hand of a legally qualified physician is exhibited to said 
board by the licensee that such physician had personally attended and 
examined the person so dying, and specifying the cause of death, and 
the board of health is satisfied that there is no ground for holding an 
inquest. (99 v. 14.) 
Sec. 6270. (Book of forms.) A license, shall be entitled to re- 
ceive gratuitously from the state board of health a book of forms for 
the registration and record of persons received into such home or 
hospital. Such book shall contain a printed copy of this chapter. 
(99 v- ISO 
Sec. 6271. (Inspection.) The officers and authorized agents of 
the state board of health and the boards of health of the cities, 
villages or townships in which such licensed premises are located may 
inspect such house or hospital at any time and examine every part 
thereof, call for and examine the records which are required to be 
kept by the provisions of this chapter, and inquire into all matters 
concerning such house or hospital and the inmates thereof. The li- 
censee shall give all reasonable information to such persons so in- 
specting and afford them every reasonable facility for viewing and 
inspecting the premises and seeing the inmates thereof. And when 
complaint is made or a reasonable belief exists that a maternity 
boarding house or lying-in hospital is being conducted without 
license, the board of health may cause such house to be inspected by 
its health officer or the state board of health may designate a person 
to visit and inspect such premises. (101 v. 122.) 
Secs. 6272 and 6273. Repealed, (no v. 265.) 
Sec. 6274. (Secrecy of records.) No officer or authorized agent 
of the state board of health or the boards of health of the cities, 
villages or townships where such licensed homes or hospitals are 
located, or a keeper of such house or hospital, shall divulge or dis- 
close the contents of the records or of the particulars entered therein, 
except upon inquiry before a court of law, at a coroner’s inquest or 
before some other competent tribunal, or for the information of the 
state board of health or the board of health of the city, village or 
township in which said house or hospital is located. (99 v. 15.) 
Sec. 6275. Repealed, (no v. 265.) 
Sec. 6276. (License.) A person shall not maintain a maternity 
boarding house or lying-in hospital, as defined in this chapter, unless 
licensed thereto by the state board of health. (99 v. 16.) 
Sec. 6277. (Relationship.) In a prosecution under the provisions 264 
of this chapter or a penal law relating thereto, a defendant who relies 
for defense upon the relationship of any of said women or infants to 
himself, shall have the burden of proof thereof. (99 v. 16.) 
Sec. 6289-1. (“Rest home”, “convalescent home” or “boarding 
home” defined.) A rest home or convalescent home or boarding 
home for the aged or mentally or physically infirm is defined as any 
place of abode, building, institution, residence or home used for the 
reception and care, for a consideration, of three or more persons who, 
by reason of age or mental or physical infirmities are not capable of 
properly caring for themselves, or who are sixty-five years of age 
or upwards. 
Wherever, in this act, the word “home” is used, it shall be con- 
trued to mean rest home or convalescent home or boarding home for 
the aged or mentally or physically infirm as herein defined. (119 v. 
384-) 
Sec. 6289-2. (Annual license required.) On and after January 
1, 1942, it shall be unlawful for any person, persons, firm, partner- 
ship, association or corporation to open, conduct, manage or main- 
tain any home as defined in this act unless such home be licensed 
annually as hereinafter provided. (119 v. 384.) 
Sec. 6289 3. (Application for license or renewal; fee.) Applica- 
tion for a license or for renewal of a license to operate a home shall 
be made to the department of public welfare of Ohio, in accordance 
with such rules and regulations as may be prescribed by the direc- 
tor of public welfare, and shall be accompanied by a fee of $5.00, 
which fee shall be paid into the general revenue fund of this state. 
(119 v. 385-) 
Sec. 6289 4. (Inspection of home; report to department of public 
welfare; building requirements, etc.; character and financial responsi- 
bility of applicants.) The department of industrial relations of the 
state of Ohio, the department of health and the division of state fire 
marshal, shall, upon the request of the department of public welfare 
of the state of Ohio, make such inspection of such home as may be 
deemed necessary and shall report in writing to the department of 
public welfare whether the building or buildings used or intended to 
be used for such home are substantially safe for the purpose in- 
tended, and in compliance with the building code of the state, and 
such other findings and recommendations as may be requested by 
the department of public welfare or deemed necessary by the depart- 
ment making such reports 
No license shall be granted unless the director of public welfare 265 
shall be satisfied that such home is satisfactory in construction, fire 
prevention and protection, heating, water supply and sanitation, and 
that it is adequately equipped and maintains a personnel sufficient in 
number and training to care properly for inmates of such home. 
The department of public welfare shall have further authority to 
investigate the character and financial responsibility of applicants for 
license, and may prescribe standards of character and financial re- 
sponsibility as a condition precedent to the granting of licenses. (119 
v. 385-) 
Sec. 6289-5. (License issued when application approved; term; 
application for renewal.) If the application for license shall be ap- 
proved by the department of public welfare in accordance with its 
rules and regulations, it shall issue a license for such home to be 
operated for a period of one year from the date of issuance of such 
license. Applications for renewal of licenses granted under this act 
shall be made and acted upon in such manner and at such time as 
the department of public welfare may, by rule and regulation, pre- 
scribe. (119 V. 385.) 
Sec. 6289-6. (Records and reports.) Every home licensed under 
this act shall keep such records and make such reports as the depart- 
ment of public welfare shall prescribe and all records kept shall be 
open to inspection by duly authorized representatives of the depart- 
ment of public welfare. (119 v. 385.) 
Sec. 6289-7. (Homes to be open for inspection; license revoked 
or suspended, when; appeal.) Every home conducted, maintained or 
managed by any person or persons, firm, partnership, association or 
corporation licensed as provided in this act or for which an applica- 
tion for such license has been filed, shall be open at all times to in- 
spection by the department of public welfare and other departments, 
agencies and officers of the government of the state which may be 
called upon by the department of public welfare for such inspection or 
authorized by law to make such inspections. 
Any licensed home which is conducted, maintained or managed 
in violation of any of the provisions of this act or of any laws of the 
state of Ohio or the municipality in which such home is situated, or 
of the rules and regulations of the department of public welfare made 
under the authority of this act, may have such license suspended or 
revoked, as determined by the department of public welfare. 
Any person, persons, firm, partnership, association or corporation 
aggrieved by any action refusing an application for license or renewal 
thereof, or suspending or revoking a license, or otherwise, may appeal 266 
in accordance with the provisions of the administrative procedure act. 
(120 v. S. 36. Eft. September 3, 1943.) 
Sec. 6289-8. (Certificate; display.) When a license is issued 
under this act, the director of the department of public welfare shall 
sign and furnish to the applicant a certificate showing that such 
license has been duly granted and for what period of time. Such cer- 
tificate must be prominently displayed in the hall or near the main 
entrance inside such home. (119 v. 386.) 
Sec. 6289-9. (Power of director of public welfare.) The director 
of the department of public welfare shall have the power to make 
and enforce all such reasonable rules and regulations, not inconsistent 
with this act, as he may deem necessary or desirable to carry out the 
provisions of this act. The director of the department of public wel- 
fare may, by order, designate any one of the several divisions, bureaus 
or agencies of such department to carry out the provisions of this 
act; and when so designated, such division, bureau or other agency 
shall have all the powers, duties and responsibilities herein conferred 
upon the department of public welfare and the executive head of 
such division, bureau or other agency shall have all the powers, duties 
and responsibilities herein conferred upon the director of the depart- 
ment of public welfare. (119 v. 386.) 
Sec. 6289-10. (Operation without license; penalty.) Any person, 
persons, firm, partnership, association or corporation opening-, con- 
ducting, managing or maintaining a home for the aged or mentally 
or physically infirm as herein defined, without first obtaining and 
having a license therefor as provided in this act, or in violation of 
any of the provisions of this act. shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined not more than $25.00 for 
each offense, and a separate and distinct offense shall be considered 
as having been committed for each and every day on which any such 
violation shall occur. (119 v. 387.) 
Sec. 6289-11. (Validity.) The several sections and provisions 
of this act are declared to be separate and independent sections and 
provisions and the holding of any section or part thereof to be un- 
constitutional or void shall not affect the validity of the remainder 
of this act. (119 v. 387.) 
Sec. 6308-7. (Definitions.) “Motor vehicle injury” means any 
personal injury suffered by a human being and caused by the opera- 
tion of a motor vehicle, on a public way, street or highway of the 
state of Ohio, whether the injured person be the operator of such 
motor vehicle, a passenger in the same or in another vehicle, a 267 
pedestrian, or whatever be the relation of such injured person to the 
operation of such vehicle; and whether or not such motor vehicle 
is under the control of a human being at the time of such injury. 
“Hospital” means any institution, not organized and/or operated 
for profit, and registered with the state of Ohio, department of health, 
which receives and cares for patients suffering from motor vehicle 
injuries, the per diem cost of which care shall be ascertained and 
certified in the manner provided in this act. 
“Per diem cost" means the per diem cost of caring for a patient 
in a hospital as determined by the uniform annual report submitted 
to the state of Ohio, department of health. The rate certified shall 
not exceed the sum of six dollars per day. If no annual report has 
been filed with the state department of health as required by section 
1236-6 of the General Code no rate shall be certified. 
“Indigent patient” means a person who has suffered a motor 
vehicle injury, is received and cared for in a hospital, is unable to 
pay for the cost of such care and whose account therefor remains 
unpaid at the expiration of ninety days after the termination of such 
care; it excludes an employee suffering from a motor vehicle injury 
with respect to which he is entitled to the benefits of the workmen’s 
compensation act of this or any other state or country. A person 
injured by the operation of a motor vehicle shall be deemed unable 
to pay such charges if it shall appear that, should an action be 
brought and judgment secured for the amount thereof against him 
or against any other person legally responsible for his care, execu- 
tion thereon would be unavailing. (116 v. 18.) 
Sec. 6308-8. (Director of health shall certify name, address and 
per diem cost of hospitals in state.) Within thirty days after this act 
shall take effect the director of health shall certify in duplicate to the 
registrar of motor vehicles and the auditor of state, respectively, the 
name, address and per diem cost of all hospitals in the state as de- 
termined by uniform annual report. Thereafter from time to time 
said director of health shall in like manner certify any additions to 
or subtractions from said list or any changes in such per diem costs 
which may occur. All claims made under this act shall be audited 
and paid in accordance with the per diem costs so certified and in 
effect at the time the charge shall have been incurred. (116 v. 18.) 
Sec. 6330-1. (General duties of employers.) Every employer 
shall, without cost to the employes, provide such reasonably effec- 
tive devices, means and methods as shall be prescribed by the indus- 
trial commission of Ohio, to prevent the contraction by his employes 268 
of illness or disease incident to the work or process in which such 
employes are engaged. (109 v. 181.) 
Sec. 6330-2. (Especially dangerous works or processes.) Every 
work or process in the manufacture of white lead, red lead, litharge, 
sugar of lead, arsenate of lead, lead chromate, lead sulphate, lead 
nitrate or fluosilicate, is hereby declared to be especially dangerous 
to the health of the employes, who, while engaged in such work or 
process, are exposed to lead dusts, lead fumes or lead solutions. (103 
v. 819.) 
Sec. 6330 3. (Duties of employers to provide safety applicances 
for the protection of employes in especially dangerous works or proc- 
esses.) Every employer shall, without cost to the employes, pro- 
vide the following devices, means and methods for the protection of 
his employes who while engaged in any work or process included in 
section 2, (*) are exposed to lead dusts, lead fumes or lead solutions: 
(a) (Working rooms.) Working rooms, hoods and air exhausts 
for the protection of employes engaged in any work or process which 
produces lead dusts or lead fumes. The employer shall provide and 
maintain work rooms adequately lighted and ventilated, and so ar- 
ranged that there is a continuous and sufficient change of air, and 
all such rooms shall be fully ventilated and separated by partition 
walls from all departments in which the work or process is of a non- 
dusty character; and all such rooms shall be provided with a floor 
permitting an easy removal of dust by wet methods or vacuum clean- 
ing, and all such floors shall be so cleaned daily. 
Every work or process referred to in section 2, (*) including the 
corroding or oxidizing of lead, and the crushing, mixing, sifting, 
grinding and packing of all lead salts or other compounds referred 
to in section 2, (*) shall be so conducted and such adequate devices 
provided and maintained by the employer as to protect the employe, 
as far as possible, from contact with lead dust or lead fumes. Every 
kettle, vessel, receptacle or furnace in which lead in any form re- 
ferred to in section 2 (*) is being melted or treated, and any place 
where the contents of such kettles, receptacles or furnaces are dis- 
charged, shall be provided with a hood connected with an efficient 
air exhaust; all vessels or containers in which dry lead in any chem- 
ical form or combination referred to in section 2, (*) is being con- 
veyed from one place to another within the factory shall be equipped, 
at the place where the same are filled or discharged, with hoods 
having connection with an efficient air-exhaust; and all hoppers, 
chutes, conveyors, elevators, separators, vents from separators, 
dumps, pulverizers, chasers, dry-pans or other apparatus for drying 269 
pulp lead, dry-pans dump, and all barrel packers and cars or other 
receptacles into which corrosions are at the time being emptied shall 
be connected with an efficient dust-collecting system; such system 
to be regulated by the discharge of air from a fan, pump or other 
apparatus, either through a cloth dust-collector having an area of 
not less than one-half square foot of cloth to every cubic foot of air 
passing through it per minute, the dust-collector to be placed in a 
separate room which no employe shall be required or allowed to 
enter, except for essential repairs, while the works are in operation ; 
or such other apparatus as will efficiently remove the lead dusts from 
the air before it is discharged into the outer air. 
(b) (Washing facilities.) The employer shall provide a wash 
room or rooms which shall be separate from the work rooms, be 
kept clean, and be equipped with; (i) lavatory basins fitted with 
waste pipes and two spigots conveying hot and cold water, or 
(2) Basins placed in roughs [troughs] fitted with waste pipes 
and for each basin two spigots conveying hot and cold water, or 
(3) (Basins.) Troughs of enamel or similar smooth impervious 
material fitted with waste pipes, and for every two feet of trough 
length two spigots conveying hot and cold water. 
Where basins are provided there shall be at least one basin for 
every five employes, and where troughs are provided, at least two 
feet of trough for every five such employes. The employer shall also 
furnish nail brushes and soap, and shall provide at least three clean 
towels per week for each such employe. A time allowed of not less 
than ten minutes, at the employer’s expense, shall be made to each 
such employe for the use of said wash-room before the lunch hour 
and at the close of the day’s work. 
(Shower bath.) The employer shall also provide at least one 
shower bath for every five such employes. The baths shall be ap- 
proached by wooden runways, be provided with movable wooden 
gratings, be supplied with controlled hot and cold water, and be kept 
clean. The employers shall furnish soap, and shall provide at least 
two clean bath towels per week for each such employe. An additional 
time allowance of not less than ten minutes, at the employer’s ex- 
pense, shall be made to each such employe for the use of said baths 
at least twice a week at the close of the day’s work. The employer 
shall keep a record of each time that such baths are used by each 
employe, which record shall be open to inspection at all reasonable 
times by the (state department of factory inspection) and also by 
the (state board of health). 
(c) (Dressing Rooms.) The employer shall provide a dressing 270 
room or rooms which shall be separate from the work rooms, be 
furnished with a double sanitary locker or two single sanitary lockers 
for each such employe and be kept clean. 
(d) (Eating Rooms.) The employer shall provide an eating 
room or eating rooms which shall be separate from the work rooms, 
be furnished with a sufficient number of tables and seats, and be kept 
clean. No employe shall take or be allowed to take any food or drink 
of any kind into any work room, nor shall any employe remain or 
be allowed to remain in any work room during the time allowed for 
his meals. 
(e) (Drinking Fountains.) The employer shall provide and 
maintain a sufficient number of sanitary drinking fountains readily 
accessible for the use of the employes. 
(f) (Clothing.) T he employer shall provide at least two pairs 
of overalls and two jumpers for each employe, and repair or renew 
such clothing when necessary, and wash the same weekly. Such 
clothing shall be kept exclusively for the use of that employe. 
(g) (Respirators.) The employer shall provide, and renew 
when necessary, at least two reasonably effective respirators for each 
employe who is engaged in any work or process which produces lead 
dusts. (103 v. 819.) 
(*) Section 2 is G. C. section 6830-2. 
Sec. 6330-4. (Duties of employes in especially dangerous works 
or processes to use the safety appliances provided by the employers.) 
Every employe who, while engaged in any work or process included 
in section 2, (*) is exposed to lead dusts, lead fumes or lead solutions, 
shall: 
(a) Use the washing facilities provided by the employer in 
accord with section 3 (b), (**) and wash himself at least as often 
as a time allowance is therein granted for such use. 
(b) Use the eating room provided by the employer in accord 
with section 3 (d), (**) unless the employe goes off the premises 
for his meals. 
(c) Put on, and wear at all times while engaged in accord with 
section 3 (f) (**) and remove the same before leaving at the close 
of the day’s work; and keep his street clothes and his working 
clothes, when not in use, in separate lockers or separate parts of 
the locker provided by the employer in accord with section 3 (c) (**). 
(d) Keep clean the respirators provided by the employer in 
accord with section 3 (g), (**) and use one at all times while he is 271 
engaged in any work or process which produces lead dusts. (103 v. 
822.) 
(*) Section 2 is G. C. section 6330-2. 
(**) Section 3 is G. C. section 6330-3. 
Sec. 6330-5. (Notices, printing, posting and explaining same.) 
The employer shall post in a conspicious place in every work room 
where any work or process included in section 2 (*) is carried 
on, room where washing facilities are provided, dressing rooms and 
eating room. A notice of the known dangers arising from such work 
or process, and simple instructions for avoiding, as far as possible, 
such dangers. The (chief state factory inspector) shall prepare a 
notice containing the provision of this act, and shall furnish, free 
of cost, a reasonable number of copies thereof to every employer 
included in section 2, (*) and the employer shall post copies thereof 
in the manner hereinabove stated. The notices required in this sec- 
tion shall be printed in plain type on cardboard, and shall be in Eng- 
lish and in such other languages as the circumstances may reason- 
ably require. The contents of such notices shall be explained to 
every employe by the employer when the said employe enters em- 
ployment in such work or process, and in addition shall be read to 
all employes at least once a month, interpreters being provided by 
the employer when necessary to carry out the above requirements. 
(103 v. 822.) 
(*) Section 2 is G. C. section 6330-2. 
Sec. 6330-6. (Medical examination of employes.) The employer 
shall cause every employe who, while engaged in any work or pro- 
cess included in section 2, (*) is exposed to lead dusts, lead fumes 
or lead solutions, to be examined at least once a month for the pur- 
pose of ascertaining if symptoms of lead poisoning appear in any 
employe. The employe shall submit himself to the monthly examina- 
tion and to examination at such other times and places as he may 
reasonably be requested by the employer, and he shall fully and 
truly answer all questions bearing on lead poisoning asked him by 
the examining physician. The examinations shall be made by a li- 
censed physician, designated and paid by the employer, and shall be 
made during the working hours, a time allowance therefor, at the 
employer’s expense, being made to each employe so examined. (103 
v. 822.) 
(*) Section 2 is G. C. section 6330-2. 272 
Sec. 6330-7. (Record and reports of medical examination.) 
Every physician making any examination under section 6 (*) and 
finding what he believes to be symptoms of lead poisoning shall 
enter, in a book to be kept for that purpose in the office of the 
employer, a record of such examination containing the names and 
address of the employe so examined, the particular work or process 
in which he is engaged, the date, place and finding of such examina- 
tion, and the directions given in each case by the physician. The 
record shall be open to inspection at all reasonable times by the 
(state department of factory inspection) and by the (state board 
of health). 
(What reports shall state.) Within forty-eight hours after such 
examination and finding, the examining physician shall send a report 
thereof in duplicate, one copy to the (state department of factory 
inspection) and one to the (state board of health). The report shall 
be open or in conformity with blanks to be prepared and furnished 
by the (state board of health), free of cost, to every employer in- 
cluded in section 2, (**) and shall state: 
(a) Name, occupation and address of employe. 
(b) Name, business and address of employer. 
(c) Nature and probable extent [of] disease. 
(d) Such other information as may be reasonably required by 
the (state board of health). 
The examining physician shall also, within the said forty-eight 
hours, report such examination and finding to the employer, and 
after five days from such report the employer shall not continue the 
said employe in any work or process where he will be exposed to 
lead dusts, lead fumes or lead solutions, nor return the said employe 
to such work or process without a written permit from a licensed 
physician. (103 v. 823.) 
(*) Section 6 is G. C. section 63B0-6. 
(**) Section 2 is G. C. section 6380-2 
Sec. 6330-8. (Enforcement.) The (state department of factory 
inspection) shall enforce this act and prosecute all violations of the 
same. The officers, or their agents, of the said (department) shall 
be allowed at all reasonable times to inspect any place of employment 
included in this act. (103 v. 823.) 
Sec. 6330-9. (Penalties for violations by employer or employe.) 
Every employer, who either personally or through any agent vio- 
lates or fails to comply with any provision of section 1 (*) or section 
3 (**) shall be guilty of a misdemeanor, and on conviction for the first offense shall be fined not less than one hundred dollars nor 
more than two hundred dollars, and on conviction for the second 
offense, not less than two hundred dollars nor more than five hundred 
dollars, and on conviction for each subsequent offense, not less than 
three hundred dollars nor more than one thousand dollars, and in 
each case he shall stand committed until such fine and the costs are 
paid, or until he is otherwise discharged by due process of law. 
Every employe who violates or fails to comply with any provi- 
sion of section 4, (***) shall be guilty of a misdemeanor, and on 
conviction for the first offense shall be fined not less than ten dollars 
nor more than twenty-five dollars, and on conviction for the second 
offense, not less than twenty dollars nor more than fifty dollars, and 
on conviction for each subsequent offense not less than thirty dol- 
lars nor more than one hundred dollars, and in each case he shall 
stand committed until such fine and the costs are paid, or until he 
is otherwise discharged by due process of law. 
Every employer who. either personally or through any agent, 
violates or fails to comply with any provision of sections 5. 6, or 
7, (#) relating to him, and every employe who violates or fails to 
comply with the provision of section 6 relating to him shall be guilty 
of a misdemeanor, and on conviction thereof shall be fined not less 
than ten dollars nor more than one hundred dollars. (103 v. 823.) 
(*) Section 1 is G. C. section 6330-1. 
(**) Section 3 is G. C. section 6330-3. 
(***) Section 4 is G. C. section 6330-4. 
(#) Sections 5, 6, and 7, are G. C. sections 6330-5, 6330-6 and 6330-7 
Sec. 6330-10. (“Employer” defined.) In this act, unless the 
context otherwise requires, “employer” includes persons, partnerships 
and corporations. (103 v. 824.) 
Sec. 6330-11. (Each section independent.) For the purpose of 
determining the constitutionality of any provision of this act, sec- 
tion 1, (*) hereof is declared to be independent of and separable from 
the remaining sections. (103 v. 824.) 
Sec. 6330-12. (Time of taking effect.) This act shall take effect 
on the first day of October, 1913, except as to subdivisions (a), (b), 
(c) and (d) of section 3 (*) which subdivision shall take effect as 
follows: 
Subdivision (b), (c) and (d) of section 3 (*) on the first day 
of October, 1914. 
(*) Section 1 is G. C. section 6330-1. 274 
Subdivision (a) of section 3 (*) on the first day of October, 1915. 
(103 v. 824.) 
(*) Section 3 is G. C. section 6330-3. 
Sec. 66o2-8d. (State department of health may order improve- 
ment; complaint; finding; duty of commissioners.) Whenever the 
council or board of health, or the officer or officers performing the 
duties of a council or board of health of a city or village, the board 
of health of a general health district, the trustees of a township shall 
make complaint, in writing, to the state department of health that 
unsanitary conditions exist in any county or counties, the director of 
health shall forthwith inquire into and investigate the conditions com- 
plained of and if upon investigation of such complaint the state 
department of health shall find that it is necessary for the public 
health and welfare, that sewer improvements or sewage treatment 
or disposal works shall be constructed, maintained and operated 
for the service of any territory outside of municipalities in any 
county or counties, said department of health shall notify the board 
or boards of county commissioners of such county or counties of 
their finding and shall proceed as provided in sections 1250 and 1251 
of the General Code, and the commissioners shall obey such order 
and proceed, as provided in sections 6602-1 to 6602-14, inclusive, of 
the General Code, to establish such district or districts, provide 
necessary funds, and construct such sewers or treatment works, or 
maintain, repair or operate the same, as may be required by such 
order and in such manner as may be satisfactory to the state depart- 
ment of health. Any or all of the cost of such improvement or 
maintenance may be assessed upon the property benefited as pro- 
vided in sections 6602-1 to 6602-14, inclusive, of the General Code. 
(112 v. 290.) 
Sec. 66o2-8e. (Appeal when order not acceptable.) If any order, 
made by the director of health in such manner and approved by the 
public health council, shall not be acceptable to such board or boards 
of county commissioners, such board or boards shall have the right 
of appeal and reference provided for in sections 1257, 1258-2 and 
1258-3 of the General Code and the procedure in such cases shall be 
as provided in sections 1257, 1258 and 1258-6, inclusive, of 
the General Code. Provided, that on petition, in writing, of ten or 
more owners of real estate affected by such order of the director of 
health the board or boards of county commissioners shall make such 
appeal as is provided in this section. (112 v. 290.) 
Sec. 66o2-8f. (Procedure when order not complied with.) If the members of the board of county commissioners fail or refuse, 
after a period of thirty days, after the notice and order given them 
by the state department of health, to perform any act or acts re- 
quired of them by this act and by any such order and notice of the 
state department of health, such order of the state department of 
health may be enforced by a writ of mandamus issued by any court 
authorized to issue such writs. (112 v. 290.) 
Sec. 66o2-8g. (Prosecution.) An action may be commenced and 
prosecuted for the recovery of any fine, forfeiture or penalty, men- 
tioned in this act, from any person or persons liable therefor, by 
the prosecuting attorney of the proper county in the name of the 
state, in the court of common pleas of such county, or such action 
may be commenced and prosecuted by the attorney general of the 
state in such county or in the county of Franklin, as provided by law. 
(107 v. 447.) 
Sec. 6602-28. (State department of health may order water sup- 
plies installed; complaints; findings; duty of commissioners.) When- 
ever the council or board of health, or the officer or officers per- 
forming the duties of a council or board of health of a city or 
village, the board of health of a general health district, the trustees 
of a township shall make complaint, in writing, to the state depart- 
ment of health that unsafe water supply conditions exist in any 
county or counties, the director of health shall forthwith inquire 
into and investigate the conditions complained of and if upon in- 
vestigation of such complaint the state department of health shall 
find that it is necessary for the public health and welfare, that any 
improvement mentioned in section 6602-17 of the General Code, shall 
be constructed, maintained and operated for the service of any 
territory outside of municipalities in any county or counties, said 
department of health shall notify the board or boards of county 
commissioners of such county or counties of their finding and shall 
proceed as provided in sections 1250 and 1251 of the General Code, 
and the commissioners shall obey such order and proceed, as pro- 
vided in section 6602-1 and sections 6602-17 to 6602-33 of the General 
Code, inclusive, to establish such district or districts, provide neces- 
sary funds, and construct such public water supplies, or maintain, 
repair or operate the same, as may be required by such order and 
in such manner as may be satisfactory to the state department of 
health. Any or all of the costs of such improvement or maintenance 
may be assessed upon the property benefited as provided in said 
sections. (112 v. 302.) 
Sec. 6602-29. (Appeal where order not acceptable.) If any 276 
order made by the director of health in such manner and approved 
by the public health council, shall not be acceptable to such board 
or boards of county commissioners such board or boards shall have 
the right of appeal and reference provided for in sections 1257, 1258-2 
and 1258-3, of the General Code and the procedure in such cases shall 
be as provided in sections 1257, 1258 and 1258-2 to 1258-6, inclusive, 
of the General Code. Provided, that on petition, in writing, of ten 
or more owners of real estate affected by such order of the director 
of health the board or boards of county commissioners shall make 
such appeal as is provided for in this section. (112 v. 302.) 
Sec. 6602-30. (Procedure where order net complied with.) If 
the members of the board of county commissioners fail or refuse, 
after a period of thirty days, after the notice and order given them 
by the state department of health, to perform any act or acts re- 
quired of them by this act and by any such order and notice of the 
state department of health, such order of the state department of 
health may be enforced by a writ of mandamus issued by any court 
authorized to issue such writs. (112 v. 302.) 
Sec. 6602-31. (Prosecution.) An action may be commenced and 
prosecuted for the recovery of any fine, forfeiture or penalty, men- 
tioned in this act, from any person or persons liable therefor, by 
the prosecuting attorney of the proper county in the name of the 
state, in the court of common pleas of such county, or such action 
ma}r be commenced and prosecuted by the attorney general of the 
state in such county or in the county of Franklin, as provided by law. 
(107 v. 439.) 
Sec. 6602-35. (Establishment of sanitary districts; purposes.) 
The court of common pleas of any county in this state, is hereby 
vested with jurisdiction, power and authority, when the conditions 
stated in the third section (*) of this act are found to exist, to 
establish sanitary districts, within the county in which said court is 
located. Districts partly within and partly without such county may 
also be established by a court comprising one common pleas judge 
from each county having area within the district, as hereinafter pro- 
vided. 
In the event there are but two common pleas judges, who sit as 
court under the provisions of section 2 (**), and the said judges find 
themselves unable to agree as to the establishment of such sanitary 
district, or upon any other question left for their decision, then, and 
in such event a third common pleas judge from a disinterested county 
shall be appointed by the chief justice of the supreme court of the 
state of Ohio, which said judge shall sit with the other two judges, and the decisions of a majority of said judges shall be final. Com- 
pensation for said judge shall be fixed by the appointing judge. Such 
sanitary districts may be established for all or any of these purposes: 
(a) To prevent and correct the pollution of streams; 
(b) To clean and improve stream channels for sanitary pur- 
poses ; 
(c) To regulate the flow of streams for sanitary purposes; 
(d) To provide for the collection and disposal of sewage and 
other liquid wastes produced within the district; 
(e) To provide a water supply for domestic, municipal and pub- 
lic use within the district, and incident to such purposes and to enable 
their accomplishment, to construct reservoirs, trunk sewers, inter- 
cepting sewers, siphons, pumping stations, wells, intakes, pipe lines, 
purification works, treatment and disposal works; to maintain, oper- 
ate and repair the same, and do all other things necessary for the 
fulfillment of the purposes of this act; 
(f) To exterminate or prevent mosquitoes, flies, and other in- 
sects and abate their breeding places; and incident to such purposes 
to purchase supplies, materials and equipment, employ technicians 
and laborers, and build, construct, maintain and repair such structures, 
devices and improvements, and do such other things, as may be neces- 
sary or proper to accomplish said purpose. (119 v. 582.) 
(*) Section 3 is G. C. section 6602-36. 
(**) Section 2 is G. C. section 6602-35. 
Sec. 6602-46. (Plan for improvement; contents; use of data of 
former survey; plan submitted to department of health for approval; 
procedure upon approval. Upon their qualification, the board shall 
prepare or cause to be prepared a plan for the imrovement for which 
the district was created. Such plan shall include such maps, profiles, 
plans and other data and descriptions as may be necessary to set forth 
properly the location and character of the work, and of the property 
benefited or taken or damaged, with estimates of cost. In the case 
of a district organized wholly or partly for the purpose of the exter- 
mination or prevention of mosquitoes, flies and other insects, the 
plan shall be deemed sufficient if it shall include a description, in 
general terms, of the methods of extermination or prevention to be 
utilized, and it shall nqt be necessary to indicate in the plan the par- 
ticular parcels of land in the district wherein or whereon the physical 
structures, devices or improvements incident to the extermination or 
prevention of mosquitoes, flies and other insects are to be constructed 
or wherein or whereon the labor incident to such extermination or 
prevention shall be from time to time employed. 278 
In the preparation of the plan, the board may recognize the neces- 
sity of future extensions and enlargements which may result from 
enlargements of the area of the district, in order that the district 
improvements may be designed to meet properly such increased de- 
mands. The plan for a water supply for domestic, municipal and 
public use shall be prepared with recognition of an equitable appor- 
tionment of the available supply to each political subdivision within 
the district. In case the purposes for which the district was estab- 
lished include both improved sanitation and improved water supply 
a plan shall be prepared for each purpose. 
In case the board of directors finds that any former survey made 
by any other district or in any other manner is useful for the pur- 
poses of the district, the board of directors may take over the data 
secured by such survey, or such other proceedings as may be useful 
to it, and may pay therefor an amount equal to the value of such 
data to said district. 
Upon the completion of such plan the board shall submit it to the 
state department of health for approval. If the state department 
of health should reject such plan, the said board shall proceed as in 
the first instance under this section to prepare another plan. If the 
state department of health should refer back said plan for amendment, 
the board shall prepare and submit to the state department of health 
an amended plan. If the state department of health should approve 
said plan, a copy of the action of said state department of health shall 
l)e filed with the secretary of the board of directors and by him incor- 
porated into the records of the district. 
Upon the approval of such plan by the state department of health, 
the board shall cause notice by publication to be given as provided 
in section i (*) herein in each county of said district, of such com- 
pletion of said plan, and shall permit the inspection thereof at their 
office by all persons interested. Said notice shall fix the time and 
place for the hearing of all objections to said plan not less than 
twenty days nor more than thirty days after the last publication of 
said notice. All objections to said plan shall be in writing and filed 
with the secretary of said board at his office not more than ten 
days after the last publication of said notice. After said hearing 
before the board of directors, the said board shall adopt the plan as 
the official plan of the said district. If, however, any person or persons 
object to said official plan, so adopted, then such person or persons 
may, within ten days, from the adoption of said official plan, file their 
objections in writing, specifying the features of the plan to which 
they object, in the original case establishing the district in the office 
of the clerk of said court, and he shall fix a day for the hearing there- 279 
of before the court, not less than twenty clays nor more than thirty 
days after the time fixed for filing objections, at which time the 
judges, sitting as a court as provided for in section 6 (**) herein, for 
the organization of the district, shall meet at the court house of the 
county where said original case is pending, and hear said objections 
and adopt, reject or refer back said plan to said board of directors. 
A majority of the judges shall control. If said court should reject 
said plan, then said board shall proceed as in the first instance under 
this section to prepare another plan. If the court should refer back 
said plan to said board for amendment, then the court shall continue 
the hearing to a day certain without publication of notice. If the 
said court should approve said plan as the official plan of said district, 
then a certified copy of said journal of said court shall be filed with 
the secretary of the board of directors, and by him incorporated into 
the records of the district. The official plan may be altered in detail 
from time to time until the assessment roll is filed, and of all such 
alterations the appraisers shall take notice. But after the assess- 
ment roll has been filed in court no alterations of the official plan 
shall be made except as in section 36 (***) hereof provided. (119 v. 
5830 
(*) Section 1 is G. C. section 6602-34. 
(**) Section 6 is G. C. section >6602-39. 
(***) Section 36 is G. C. section 6602-69 
Sec. 6828-12. (Preparation of plan for improvements; comple- 
tion; objections; adoption.) Upon their qualification, the board shall 
prepare or cause to be prepared a plan for the improvements for 
which the district was created; but no plan or portion of a plan 
shall be prepared providing a water supply for domestic, industrial, 
or public use, or providing for the collection and disposal of sewage 
and other liquid wastes, for any municipality, unless the governing 
body of such municipality has petitioned the board to provide a water 
supply or a system for the collection and disposal of sewage and 
other liquid wastes, as the case may be, or. has signed the petition 
initiating the proceeding by which the district acquired authority to 
undertake such improvements. Such plan shall include such maps, 
profiles, plans and other data and descriptions as may be necessary 
to set forth properly the location and character of the work, and of 
the property benefited or taken or damaged, with estimates of cost 
for doing the work. 
In case the board of directors finds that any former survey made 
by any other district or in any other manner is useful for the pur- 
poses of the district, the board of directors may take over the data 
secured by such survey, or such other proceedings as may be useful to it, and may pay therefor an amount equal to the value of such data 
to said district. No construction shall be made under the authority 
of this chapter which will cause the flooding of any village or city 
or which will cause the water to back up into any village or city, 
unless the board of directors shall have, acquired and paid for the 
right to use the land affected for such purpose, and shall have paid 
all damages incident thereto. No railroad shall be required to be 
constructed with a grade in excess of the maximum ruling grade 
then existing upon that division of said railroad whereon said change 
is required. 
Upon the completion of the plan the board shall file a copy 
thereof with the state department of health which shall have author- 
ity to approve or reject any provisions thereof relating to the supply- 
ing of water for domestic, industrial and public use or to the collec- 
tion and disposal of sewage and other liquid wastes. If the state 
department of health rejects such provisions or refers them back 
for amendment, the board shall prepare other or amended provisions 
relating thereto. If the state department of health approves the 
provisions, it shall certify a copy of its action to the board of direc- 
tors, who shall cause it to be filed as a record of the district. 
Upon the completion of the plan and the approval by the state 
department of health of such provisions thereof as above prescribed, 
the board shall cause notice of the completion of such plan to be 
given by publication in accordance with section 6828-1 of the General 
Code, and shall permit the inspection of such plan by all persons, 
public corporations and agencies of the state government interested. 
Said notice shall fix the time and place for the hearing of all objec- 
tions to said plan not less than twenty days nor more than thirty 
days after the last publication of said notice. All objections to said 
plan shall be in writing and filed with the secretary of said board at 
his office not more than ten days after the last publication of said 
notice. After said "hearing before the board of directors, the said 
board shall adopt the plan with or without modifications as the 
official plan of the said district. If. however, any person, public cor- 
poration or agency of the state government objects to said official 
plan, so adopted, then such person, public corporation or agency of 
the state government may, within ten days from the adoption of 
said official plan, file their objections in writing, specifying the 
features of the plan to which they object, in the original case estab- 
lishing the district in the office of the clerk of said court, and he shall 
fix a day for the hearing thereof before the court, not less than 
twenty days nor more than thirty days after the time fixed for filing 
objections at which time the court shall hear said objections and 281 
approve, reject or refer back said plan to said board of directors. If 
said court should reject said plan, then said board shall proceed as in 
the first instance under this section to prepare another plan. If the 
court should refer back said plan to said board for amendment, then 
the said court shall continue the hearing to a day certain without 
publication of notice. If the said court should approve said plan as 
the official plan of said district, then a certified copy of the journal 
entry of said court shall be filed with the secretary of the board of 
directors, and by him incorporated into the records of the district. 
The board of directors, with the approval of the court, may alter 
the official plan from time to time until the appraisal record is filed, 
and of all such alterations the appraisers shall take notice; but if in 
the judgment of the court any such alteration is material in char- 
acter, the procedure thereon shall be the same as on the adoption of 
the plan. After the appraisal record has been filed in court no 
alterations of the official plan shall be made except as provided in 
section 6828-37 of the General Code. (117 v. 179.) 
Sec. 8926. (Waiting rooms must be maintained; toilet rooms in 
connection therewith.) Every person, firm or corporation operating 
a steam railroad wholly or in part within this state, shall provide a 
suitable waiting room for the use of the traveling public, at each 
station where a passenger train of the road is regularly scheduled 
to stop. Such rooms shall be so maintained and kept, as to be con- 
ducive to the comfort, and health of the patrons of the road. Where 
any such waiting room is located within a municipality within reason- 
able connecting distance of a water supply and sewerage system, there 
shall be provided in connection therewith suitable and separate toilet 
rooms and water closets for the use of male and female persons. 
Each such toilet room or water closet compartment shall be properly 
heated, lighted and ventilated and shall contain sufficient floor space 
and a sufficient number of water closets, urinals, lavatories and toilet 
accessories to properly and suitably accommodate the patrons of 
the road. The location, construction and installation of such toilet 
rooms and water closets shall be in accordance with the provisions 
of the state building code. (107 v. 178.) 
Sec. 8927. (Duty of railroad commission.) Upon the written 
complaint of ten or more citizens of this state being- filed with the 
state railroad commission that any provision of the next preceding 
section is being violated, at such station, the commission shall forth- 
with make investigation thereof. If upon such investigation it be 
found that such violation exists, it shall issue an order to the person, 
firm or corporation guilty thereof, setting forth the nature of the 282 
improvement required and directing that it be completed within a 
time to be specified therein. (94 v. 231.) 
Sec. 8928. (Forfeiture.) Any person, firm or corporation fail- 
ing to comply with an order of such commission, or any of the pro- 
visions of the two next preceding sections, upon conviction therefor 
before a court of common pleas of the county in which such violation 
occurs, shall forfeit and pay any sum not less than one hundred 
dollars. Such forfeiture shall be recovered in a civil action in the 
name of the state, for the benefit of the county in which the failure 
or violation occurs, and such action shall be brought by the prose- 
cuting attorney of the county, at the instance of such commission, 
as provided in other cases for the recovery of forfeitures against 
railroad companies. (94 v. 231.) 
Sec. 9984. (Medical colleges or embalming board may receive 
bodies for study, or dissection; procedure.) Superintendents of city 
hospitals, directors or superintendents of city or county infirmaries, 
or other charitable institutions, directors or superintendents of work- 
houses, founded and supported in whole or in part at public expense, 
superintendents or managing officers of state benevolent, correc- 
tional, penal and reformatory institutions, township trustees, sheriffs, 
or coroners, in possession of bodies not claimed or identified, or 
which must be buried at the expense of the state, county or town- 
ship, before burial, shall notify the professor of anatomy in a college 
which by its charter is empowered to teach anatomy, or the secretary 
of the board of embalmers and funeral directors of Ohio, of the fact 
that such bodies are being so held. If after a period of thirty-six 
hours the body has not been accepted by friends or relatives for 
burial at their expense, such superintendent, director, or other officer, 
on the written application of such professor of anatomy, or the secre- 
tary of the board of embalmers and funeral directors of Ohio, shall 
deliver to such professor or secretary, for the purpose of medical or 
surgical study or dissection or for the study of embalming, the 
body of any such person who died in either of such institutions, from 
any disease, not infectious. The expense of the delivery of the body 
shall be borne by the party or parties in whose keeping the corpse 
was placed. (120 v. H. 383. Eff. August 25, 1943.) 
Sec. 9985. (Body to be delivered to claimant.) If the body of a 
deceased person so delivered, be subsequently claimed, in writing, 
by a relative or other person for private interment, at his own 
expense, it shall be given up to such claimant. (R. S. Sec. 3763.) 
Sec. 9986. (Interment of body after study or dissection.) After 
such bodies have been subjected to medical or surgical examination 283 
or dissection or for the studv of embalming, the remains thereof 
shall be interred in some suitable place at the expense of the party 
or parties in whose keeping the corpse was placed. (120 v. S. 56. 
Efif. August 14, 1943.) 
Sec. 9987. (Notification of relatives.) In all cases the officer 
having such body under his control, must notify or cause to be noti- 
fied, in writing, the relatives or friends of the deceased person. 
(R. S. Sec. 3763.) 
Sec. 9988. (Body of strangers or travelers.) The bodies of 
strangers or travelers, who die in any of the institutions above 
named, shall not be delivered for the purpose of dissection unless 
the stranger or traveler belongs to that class commonly known as 
tramps. Bodies delivered as herein provided shall be used for medi- 
cal, surgical and anatomical study only, and within this state. (R. 
S. Sec. 3763.) 
Sec. 9989. (Liability for having unlawful possession of body.) 
A person, association, or company, having unlawful possession of 
the body of a deceased person shall be jointly and severally liable 
with any other persons, associations, and companies that had or 
have had unlawful possession of such corpse, in any sum not less 
than five hundred nor more than five thousand dollars, to lie re- 
covered at the suit of the personal representative of the deceased 
in any court of competent jurisdiction, for the benefit of the next 
of kin of deceased. (R. S. Sec. 3764.) 
Sec. 10512-9. “Adoption code”; definitions.) This act shall be 
known and may be cited as the “adoption code”. 
As used in this “adoption code”, unless otherwise indicated: 
(a) The term “child” shall mean any person under twenty-one 
years of age. 
(b) The term “organization” shall mean any institution, public 
or private, and any private association, society, agency, person or 
persons located or operating in the state of Ohio, incorporated or 
unincorporated having among its functions the furnishing of pro- 
tective services or care for, or the placement of children in foster 
homes or elsewhere; and the term “certified organization” shall mean 
any such organization holding a certificate in full force and effect, 
issued pursuant to section 1352-1 of the General Code, authorizing 
such organization to place children for adoption. 
(c) The term “permanent custody” shall mean custody which 
by the terms of the commitment or agreement, shall not terminate 
on or before a definite date prior to the majority of the child, or 284 
which is not subject to termination at any time by the committing 
court, or by the parent, division, county department or certified or- 
ganization transferring such custody. 
(d) The term “division” shall mean the division of social admin- 
istration of the department of public welfare of the state of Ohio 
and any unit or bureau thereof. 
(e) The term “county department” shall mean a county welfare 
department. 
(f) The singular number shall include the plural, and the mas- 
culine gender shall include the feminine. (120 v. H. 279. Efif. 
January 1, 1944.) 
Sec. 10512-10. (Who may petition for leave to adopt a child.) A 
husband and wife jointly or a step-parent married to one of the 
natural or legal parents of the child sought to be adopted, or any 
other proper person, may petition the probate court of the county 
in which the petitioner resides or of the county in which the child 
was born or has a legal settlement or residence or has become a 
public charge, for leave to adopt a child and for a change of the 
name of such child. (120 v. H. 279. EfF. January 1. 1944.) 
Sec. 10512-11. (Petition for adoption.) The petition for adop- 
tion shall be verified by each petitioner. It shall contain: 
(a) The name, date and place of birth, and place of residence 
of each petitioner; 
(b) The name, date and place of birth, and place of residence 
of the child sought to be adopted ; 
(c) The relationship, if any, of the child to the petitioner: 
(d) The full name by which the child shall he known after 
adoption; 
(e) A full description of the property, if any, of the child; 
(f) The names of the parents of the child, and the address of 
each living parent; provided that if the child is in the permanent 
custody of the division, a county department or a certified organiza- 
tion, the names and addresses of parents may be omitted; 
(g) The name and address of the legal guardian of the child 
if any has been appointed; 
(h) Any further facts necessary for a determination of the per- 
son or persons whose consent to the adoption is required to be ob- 
tained pursuant to section 7 (*) or who are required to be notified 
pursuant to section 8 (**) of this act. 
(i) If the child is living in the home of the petitioner, the name 
of the person, county, department, organization or division who 
placed the child in such home and the date of placement; when the 285 
child enters the home of the petitioner after the filing of the petition 
such information respecting the placement shall forthwith be fur- 
nished to the court by a supplemental petition. 
A certified copy of the child’s birth certificate shall be filed with 
the petition if one is obtainable. (120 v. H. 279. Eff. January 1, 
1944.) 
(*) Section 7 is G. C. section 10512-15. 
(**) Section 8 is G. C. section 10512-16. 
Sec. 10512-12. (Time of hearing; appointment of next friend; 
notice.) Upon the filing of the petition, or, if the child entered the 
home of the petitioner after the filing of the petition, then upon the 
filing of such supplemental petition, the court shall fix a day for- 
hearing which shall be not less than thirty nor more than sixty days 
after the filing of the petition or such supplemental petition, shall 
appoint a next friend to the child, and shall cause notice to be given 
to the parents or parent of the child, if required, as hereinafter 
provided. (120 v. H. 279. Eff. January 1, 1944.) 
Sec. 10512-13. (Who shall be next friend; investigation; report; 
expenses.) The next friend shall be a representative of a county 
department or certified organization or the division, or some other 
person qualified by training and experience to perform the functions 
hereinafter described. If the child sought to be adopted is in the 
permanent custody of the division, a county department or a certi- 
fied organization, a representative of the division or of such depart- 
ment or organization shall be appointed as the next friend. The next 
friend so appointed shall proceed to make a thorough investigation 
into the suitability of the adoption. Such investigation shall include, 
in addition to any other information the court may require in the 
particular case, inquiries as to: 
(1) The physical and mental health, emotional stability and per- 
sonal integrity of the petitioner and the ability of the petitioner to 
promote the welfare of the child ; 
(2) The physical and mental condition of the child; 
(3) The child’s family background, including names and identi- 
fying data regarding the parents; 
(4) Reasons for the child’s placement away from his parents, 
their attitude toward the proposed adoption, and the circumstances 
under which the child came into the home of the petitioner; 
(5) The suitability of the adoption of this child by this peti- 
tioner, taking into account their respective racial, religious and cul- 
tural backgrounds, and the child’s own attitude toward the adoption 
in anv case in which the child’s age makes this feasible. 286 
At least three days prior to the date set for hearing, the next 
friend shall submit to the court a full report in writing on a form 
prescribed by the department, with a recommendation as to the 
proposed adoption and any other information concerning such child 
or the proposed home which the court may require. 
If the next friend is not a public employee the court may include 
in the costs of the proceeding to be paid by the petitioner, a rea- 
sonable sum for the services and necessary expenses of the next 
friend. (120 v. H. 279. Eff. January 1, 1944.) 
Sec. 10512-14. (Written consents to the adoption required.) 
No final decree or interlocutory order of adoption shall be entered by 
the court unless there shall be filed with the court written consents 
to the adoption, witnessed and acknowledged, as follows: 
(1) By the child if over twelve years of age. 
(2) By each of the living parents, adult or minor, except as 
follows: 
(a) The mother of an illegtimate child shall be considered for 
purposes of this section to be the sole parent and may give such 
consent alone, in which case the consent shall state that it is given 
by the mother by virtue of the fact that she is the sole parent. 
(b) The consent of a parent shall not be required if the child 
is in the permanent custody of the division, a county department or 
a certified organization, or if such parent’s place of residence is 
unknown and cannot with reasonable diligence be ascertained, or 
if such parent has been adjudged incompetent by reason of mental 
disability, provided, however, that the court shall have appointed a 
guardian ad litem for such parent who has been adjudged incom- 
petent by reason of mental disability. The court may allow such 
guardian ad litem a reasonable fee for his services which shall be 
taxed as a part of the costs of the proceeding to be paid by the 
petitioner. 
(c) If it is alleged in the petition that one or both of the par- 
ents have wilfully neglected the child for a period of more than two 
years, immediately preceding the filing of the petition, the court shall, 
upon application of the petitioner, certify a copy of the petition to the 
juvenile court of the county where the child is residing; thereupon the 
juvenile court after due notice to such parent or parents and hearing 
shall determine the facts as to such neglect and shall certify a copy 
of its finding to the probate court wherein the petition was filed. The 
consent of a parent so found by the juvenile court to have wilfully 
neglected the child for such period shall not be required. (3) If a guardian of the person of the child has been appointed 
and is acting as such, then by such guardian. 
(4) If the child is in the permanent custody of the division, a 
county department or a certified organization, then by the division 
or such department or organization. 
Such consents shall be applicable only to the specific adoption 
proposed by the petition. Such consents may not be withdrawn 
after the entry of an interlocutory order of adoption. 
No final decree or interlocutory order of adoption shall be entered 
with respect to any child in the custody of the juvenile court or con- 
cerning whose custody or disposition proceedings are pending in 
such court until such custody or proceedings have been suspended 
or terminated by or in such court. 
The consent of any parent awarded custody by a court of this 
state shall be subject to the approval of such court, and upon the 
filing in the adoption proceedings of the consent of such parent so 
approved the jurisdiction of such court over such child shall termi- 
nate. (120 v. H. 279. Eft. January 1, 1944.) 
Sec. 10512-15. (Notice to parent required, when.) Unless the 
child is in the permanent custody of the division, a county depart- 
ment or a certified organization, the court shall cause notice of the 
filing of the petition and the time and place of the hearing to be sent 
by registered mail to any parent whose consent to the adoption is 
not required to be obtained under the next preceding section. If 
the address of any such parent is unknown and cannot with rea- 
sonable diligence be ascertained, the court shall cause such notice 
to be mailed to the last known address of such parent, and shall 
cause notice by publication to be made by advertising once each 
week for two consecutive weeks in a newspaper of general circula- 
tion in the county. (120 v. H. 279. Eft. January 1, 1944.) 
Sec. 10512-16. (Approval or disapproval of placement; jurisdic- 
tion.) If the probate court finds that a child sought to be adopted 
was placed in the home of the petitioner in violation of the laws 
relating to the placement of children in foster homes, it shall certify 
a copy of such finding to the juvenile court of the county where the 
child is living with the petitioner and shall suspend further action 
on the petition. Thereupon the juvenile court, after due notice and 
hearing, shall determine whether such placement is for the best 
interest of the child, shall either approve or disapprove such place- 
ment and shall certify a copy of its finding to the probate court 
wherein the petition is filed. If the placement is disapproved the 
juvenile court shall retain jurisdiction, shall order the child removed 288 
from the home of the petitioner and shall determine the custody and 
disposition of the child. If the placement is approved the adoption 
proceedings shall go forward in the probate court. (120 v. H. 279. 
Eff. January I, 1944.) 
Sec. 10512-17. (Readoptlon.) In proceedings for the adoption 
of a child previously adopted, the written consent of the preceding 
adopting parent or parents shall be required in the same manner 
and to the same extent as the written consent of the natural parent 
or parents in a first adoption is required. In the event an adopted 
child is subsequently adopted by its natural parents or parent, its 
status as a natural child of such parent or parents shall be restored 
as fully as though such child had never been adopted by anyone else. 
The adoption of a previously adopted child shall not deprive him 
of any property rights acquired by law from any deceased natural 
parent or parents or from any deceased former adopting parent or 
parents. (120 v. H. 279. Etf. January 1, 1944.) 
Sec. 10512-17. (Hearing; examination of petitioner, child, etc.; 
husband and wife to be examined separately; interlocutory order; 
court may dispense with probationary period.) Upon the date set, 
the court shall proceed to a full hearing on the petition, shall examine 
under oath the petitioner, the child if over twelve years of age, the 
next friend and all other persons in interest who are present and to 
whom lawful notice has been given; and may also examine any other 
person having information or knowledge pertinent to the adoption. 
When the petition is filed by a husband and wife, the court shall 
examine each separate and apart from the other and refuse leave 
of such adoption unless satisfied from the examination that each 
petitioner of his or her own free will and accord desires it. Any 
parent to whom notice is required to be given by the provisions of 
section 7 (*) of this act whose consent to the adoption is not re- 
quired to be obtained shall be given an opportunity to be heard. The 
court may adjourn the hearing from time to time. 
If after such hearing the court is satisfied that the requirements 
of this adoption code have been complied with, that the petitioner 
is suitably qualified to care for and rear the child and that the best 
interests of the child will be promoted by the adoption, it shall enter 
an interlocutory order of adoption declaring that henceforth, subject 
to the final decree of the court, the child shall have the status of the 
adopted child of the petitioner; provided that property rights shall 
not be affected bv such interlocutory order. 
(*) Section 7 is G. C. section 10512-15. 289 
Pro\ ided that the court may dispense with the probationary 
period provided for in such interlocutory order and may, after such 
hearing, enter a final decree of adoption: 
(a) If the child is legally the child by birth or adoption of the 
spouse of the petitioner and is living in the home of the petitioner 
and his spouse, or 
(b) If the child has been placed in the home of the petitioner 
by the division, a county department or a certified organization, has 
lived in the home of the petitioner continuously for the six months 
next preceding the filing of the petition, has been visited by a repre- 
sentative of the division, the county department or organization at 
reasonable intervals during such period, and the division or the 
county organization recommends the adoption. (120 v. H. 279. 
Eff. January 1, 1944.) 
Sec. 10512-19. (Visits and report by next friend.) After the 
entry of an interlocutory order of adoption the next friend shall visit 
the child in the home of the petitioner at reasonable intervals and 
within the sixth month following the interlocutory order shall submit 
to the court a further written report in a form prescribed by the 
division of his findings relative to the suitability of the adoption. 
Provided that if the petitioners are residing or move during such 
period outside the county and such visitation by the next friend is 
impracticable the court may arrange for such visitation and report 
by or through the division. (120 v. H. 279. Eff. January 1, 1944.) 
Sec. 10512-20. (Interlocutory order may be revoked, when; final 
decree of adoption.) Upon a hearing, after cine notice by registered 
mail or otherwise, to the petitioner and the next friend and to any 
other person, organization or public agency which has consented to 
the adoption, the court may, by order duly entered, revoke its inter- 
locutory order of adoption at any time prior to the entry of the final 
decree, if it finds that the adoption will not be in the best interests 
of the child or for any good cause shown. Such action may be taken 
by the court on its own motion, or on motion of any interested paity. 
Upon application of the petitioner and the payment of costs 
the interlocutory order shall be revoked and the petition dismissed 
at any time prior to the entry of the final decree. 
After the expiration of six months from the date upon which 
the interlocutory order is entered if such order has not been revoked, 
the court shall enter a final decree of adoption, unless the court finds 
that it would be to the best interests of the child to extend the period 
of the interlocutory order. Upon entry of the final decree the court 
shall forward to the state department of health, division of vital 290 
statistics, a certified copy of the final decree of adoption together 
with the copy of the child’s birth certificate, if any, filed with the 
petition. (120 v. H. 279. Efif. January 1, 1944.) 
Sec. 10512-21. (Disposition of child if petition dismissed.) If 
for any reason whatsoever the petition shall be dismissed or the 
court shall deny or revoke its interlocutory order of adoption or 
deny a final decree of adoption, the following disposition shall be 
made of the child: 
(a) If the child is, or was prior to the interlocutory order, in the 
permanent custody of the division or a county department or cer- 
tified organization, then the child shall be returned to the division 
or such department or organization. 
(b) Otherwise the cause shall be certified to the juvenile court 
of the county where the child is then residing for appropriate action 
and disposition by such court. (120 v. H. 279. Eff. January 1, 1944.) 
Sec. 10512-22. (Record of petition, interlocutory order, decree, 
etc.) The petition, the interlocutory order, the final decree of adop- 
tion and proceedings shall be recorded in a book kept for such pur- 
poses and separately indexed; such book shall be a part of the rec- 
ords of the probate court and all consents, affidavits and other papers 
shall be properly filed. Such papers, records and books shall not 
be open to inspection or copy by a person other than the parties of 
record and their attorneys, except upon order of the court for good 
cause shown. (120 v. H. 279. Eff. January 1, 1944.) 
Sec. 10512-23. (Legal rights, etc., of adopting parent and adopted 
child.) Except as hereinafter provided in the case of adoption by a 
step-father or step-mother, the natural parents, if living, shall be 
divested of all legal rights and obligations due from them to the 
child or from the child to them, and the child shall be free from all 
legal obligations of obedience or otherwise to such parents; and the 
adopting parent or parents of the child shall be invested with every 
legal right in respect to obedience and maintenance on the part of 
the child as if said child had been born to them in lawful wedlock; 
and the child shall be invested with every legal right, privilege, 
obligation and relation in respect to education, maintenance and the 
rights of inheritance to real estate, or to the distribution of per- 
sonal estate on the death of such adopting parent or parents as if 
born to them in lawful wedlock; provided, such child shall not be 
capable of inheriting property expressly limited to heirs of the body 
of the adopting parent or parents: but shall be capable of inheriting 
property expressly limited by will or by operation of law to the child 
or children, heir or heirs at law, or next of kin, of the adopting parent 291 
or parents, or to a class including any of the foregoing and provided, 
also, if such adopting parent or parents shall have other child or 
children, then the children by birth and adoption shall, respectively, 
inherit from and through each other as if all had been children of 
the same parents born in lawful wedlock. Nothing in this act shall 
be construed as debarring a legally adopted child from inheriting 
property of its natural parents or other kin. Provided, howrever, that 
in case of adoptions by a step-father or step-mother the rights and 
obligations of the natural parent who is the spouse of the adopting 
step-parent shall not in any way be affected by such decree. (120 
v. H. 279. Eff. January 1, 1944.) 
Sec. 11186. (Banns, how published; physician’s statement; li- 
cense to be procured, when.) Previous to persons being joined in 
marriage, notice thereof shall be published in the presence of the 
congregation on two different days of public worship: the first 
publication to be at least ten days before marriage, within the county 
where the female resides; provided, however, that before the first 
publication of the banns, the clergyman or spiritual head of the 
church in which the banns are to be published shall secure from the 
persons desiring to be married evidence of the fact that there has 
been filed with the clerk of the probate court of the county in which 
the female resides the statement, signed by a duly licensed physician 
of the state of Ohio, that in his opinion neither of the applicants is 
infected with syphilis in a form that is communicable, or likely to 
become communicable, together with a laboratory statement as 
required by the provisions of section 11188 of the General Code or 
in the event either or both of the persons desiring to be married is a 
resident of a foreign state which has a similar law requiring a 
serological test and a physician’s examination before marriage, a 
certificate from such state as provided for in section 11188 of the 
General Code; or, a license must be obtained for that purpose from 
the probate judge in the county where such female resides, provided 
that it shall be the duty of the probate judge of any county to issue 
such license to any soldier or sailor of the United States who may 
be stationed for duty in his county, and to the prospective bride 
of any such soldier or sailor, upon compliance with the requirements 
of section 11188, regardless of the non-residence of said bride. (119 
v. 300.) 
Sec. 11187. (Conditions under which license shall not be granted.) 
No license shall be granted when either of the parties, applicants 
therefor, is an habitual drunkard, epileptic, imbecile, or insane per- 
son, or, when either of such parties is under the influence of an intoxicating liquor, or narcotic drug, or is infected with syphilis in 
a form that is communicable, or likely to become communicable, 
(i 19 v. 300.) 
Sec. 11188. (Application for marriage license; physician’s state- 
ment required; standard serological test for syphilis; appeal; penalty 
for violation; license granted, when.) Application for marriage li- 
cense must be made by the parties to the marriage not less than five 
days and not more than thirty days before a license shall be issued; 
each oi the persons seeking a marriage license, shall personally ap- 
pear in the probate court of the proper county and make application 
therefor, and shall state upon their oaths, the name, age, residence, 
place of birth, occupation, father’s name, and mother’s maiden name, 
if known, of each of the parties to such contemplated marriage, and 
also state the number of times either party has been previously 
married. In case the bride is a widow, or a divorced woman, her 
married name also must be stated, and in addition the name of the 
person who is expected to solemnize the marriage. 
Provided, however, no license to marry shall be issued until there 
shall be in the possession of the clerk of the probate court a state- 
ment or statements, signed by a duly licensed physician of the state 
of Ohio, within thirty days of such examination, that each applicant, 
within thirty days of the filing of the application for the statement 
or statements, has submitted to an examination to determine the 
existence or nonexistence of syphilis, which examination has included 
a standard serological test or tests for syphilis, and that in the opinion 
of the examining physician the applicant is not infected with syphilis, 
or. if so infected, is not in a stage of that disease which is communi- 
cable or likely to become communicable ; or in the event either or 
both of the persons desiring to be married is a'resident of a foreign 
state which has a similar law requiring a serological test and a phy- 
sician’s examination before marriage, a certificate from an officer 
empowered to issue marriage licenses in that state certifying that 
the laws of said state have been complied with and that the appli- 
cant’s physical condition is such that he or she could be married in 
that foreign state. The physician’s statement shall be accompanied 
by a statement from the person in charge of the laboratory making 
the test setting forth the name of the test, the date it was made, 
the name and address of the physician to whom a report was sent, 
and the exact name and address of the person whose blood was 
tested, but not setting forth the result of the test. 
For the purpose of this act, a standard serological test for 
syphilis shall be a test approved by the state department of health 
and shall be made at a laboratory approved to make such tests by 293 
the state department of health. A report of such test shall be for- 
warded to the examining physician who has submitted the blood 
sample. 
Such laboratory tests as are required to be made by this act 
shall, on request of the physician submitting the sample and on his 
certificate that the applicant is unable to pay, be made without charge 
by the state department of health. Where the test is made in a 
laboratory other than the laboratory of the state department of 
health, a copy of the report of the test shall be forwarded to the 
state department of health. 
Any applicant for a marriage license having been denied a phy- 
sician’s statement as required by this act, shall have the right of 
appeal to the department of health of the state of Ohio for a review 
of the case, and the said department shall, after appropriate investi- 
gation, issue or refuse to issue a statement in lieu of the physician’s 
statement required by this section. 
The statements of the physician who examined the applicant 
and the laboratory which made the serological test, shall be uniform 
throughout the state and shall be upon forms provided therefor 
by the state department of health. These forms shall be filed by the 
clerk of the probate court separately from the application for mar- 
riage license and shall be required held and considered as absolutely 
confidential by any and every peison whose duty it may be to obtain, 
make, transmit, or receive such information or report. 
Any applicant for a marriage license, physician or representative 
of a laboratory who shall misrepresent any of the facts prescribed 
by this act or any licensing officer, having failed to receive the state- 
ments prescribed by this act, or having reason to believe that any of 
the facts therein have been misrepresented and who shall nevertheless 
issue a marriage license, or any person who shall disregard the con- 
fidential character of the information or reports required by this act, 
shall upon conviction thereof in the county wherein such offense 
was committed, be fined not more than one hundred dollars ($100) 
to be paid to the use of said county and the costs of prosecution. 
Immediately upon receipt of an application for a license the said 
court shall place the parties’ record in a book kept for that purpose 
and after the expiration of five days and not more than thirty days 
from the date of the said application, if the judge is satisfied that 
there is no legal impediment thereto, and one or both of the parties 
are present, he shall grant such marriage license. Provided, that if 
the judge shall be satisfied from the affidavit of a reputable physician 
in active practice and residing in said county, that either of said 
parties is unable to appear in probate court, by reason of illness or 294 
other physical disability, then a marriage license may be granted 
upon the application and oath as aforesaid, of one of the parties to 
said contemplated marriage; but in such case the person unable to 
appear in court by reason of such illness or other physical disability 
shall, at the time of making such application for marriage license 
make and cause to be filed in said probate court, an affidavit setting 
forth the information required herein of applicants for a marriage 
license; and provided further, that for good cause shown the probate 
judge may waive the provisions of this section with respect to the 
period between the application for and issuance of a marriage 
license, and may grant such license any time after the application 
therefor, provided that the physician’s statement and the statement 
of the laboratory required herein shall not be waived except in those 
cases provided for in section m8i-i of the General Code where a 
minor female is involved. (119 v. 301.) 
Sec. 12646. (Various nuisances.) Whoever erects, continues, 
uses or maintains a building, structure or place for the exercise of 
a trade, employment or business, or for the keeping or feeding of an 
animal which, by occasioning noxious exhalations or noisome or of- 
fensive smells, becomes injurious to the health, comfort or property 
of individuals or of the public, or causes or suffers offal, filth or 
noisome substances to be collected or remain in any place to the 
damage or prejudice or [of] others or of the public, or unlawfully 
obstructs or impedes the passage of a navigable river, harbor or 
collection of water, or corrupts or renders unwholesome or impure, 
a watercourse, stream or water, or unlawfully diverts such water- 
course from its natural course or state to the injury or prejudice of 
others, shall be fined not more than five hundred dollars. (72 v. 112.) 
Sec. 12647. (Throwing refuse, oil or filth into lakes, streams or 
drains.) Whoever intentionally throws, deposits or permits to be 
thrown or deposited, coal dirt, coal slack, coal screenings or coal 
refuse from coal mines, refuse or filth from a coal oil refinery or gas 
works, or whey or filthy drainage from a cheese factory, into a 
river, lake, pond or stream, or a place from which it may wash 
therein, or causes or permits petroleum, crude oil, refined oil, or a 
compound, mixture, residuum of oil or filth from an oil well, oil 
tank, oil vat or place of deposit of crude or refined oil, to run into or 
be poured, emptied or thrown into a river, ditch, drain or water- 
course, or into a place from which it may run or wash therein, upon 
conviction in the county in which such coal mine, coal oil refinery, 
gas works, cheese factory, oil well, oil tank, oil vat or place of de- 295 
posit of crude or refined oil is situated, shall be fined not less than 
fifty dollars nor more than one thousand dollars. (92 v. 287.) 
Sec. 12648. (Fines and costs are a lien.) Such fine and costs 
shall be a Hen on such oil well, oil tank, oil refinery, oil vat or place 
of deposit and the contents thereof, until paid, and such oil well, oil 
tank, oil refinery, oil vat or place of deposit and the contents thereof, 
may be sold for the payment of such fine and costs upon execution 
duly issued for that purpose. (92 v. 287.) 
Sec. 12649. (Deposits of dead animals, offal, etc., upon land or 
water.) Whoever puts the carcass of a dead animal or the offal from 
a slaughter house, butcher’s establishment, packing house or fish 
house, or spoiled meat, spoiled fish, or other putrid substance or the 
contents of a privy vault, upon or into a lake, river, bay, creek, pond, 
canal, road, street, alley, lot, field, meadow, public ground, market 
space, or common, or, being the owner or occupant of such place 
knowingly permits such thing to remain therein to the annoyance 
of any citizen or neglects to remove or abate the nuisance occa- 
sioned thereby within twenty-four hours after knowledge of the 
existence thereof, or after notice thereof in writing from a road 
superintendent, constable, trustee or health officer of a municipal 
corporation or township in which such nuisance exists or from a 
county commissioner of such county, shall be fined not less than ten 
dollars nor more than fifty dollars, and in default of the payment of 
such fine and costs, shall be imprisoned not more than thirty days. 
(98 v. 339.) 
Sec. 12650. (Contents of vault deposited.) The next preceding- 
section shall not prohibit the deposit of the contents of privy vaults 
and catch basins into trenches or pits not less than three feet deep 
excavated in a lot, field or meadow, the owner thereof consenting, 
outside of the limits of a municipal corporation and not less than 
thirty rods distant from a dwelling, well or spring of water, lake, 
bay, pond, canal, run, creek, brook or stream of water, public road 
or highway, provided that such contents so deposited are forthwith 
covered with at least twelve inches of dry earth; nor prohibit the 
deposit of such contents in furrows, as specified for such trenches 
or pits, to be forthwith covered with dry earth by plowing or other- 
wise, and with the consent of the owner or occupant of the land in 
which such furrows are plowed. (98 v. 339.) 
Sec. 12651. (Board of health.) The board of health of a munici- 
pal corporation may allow such contents to be deposited within cor- 
porate limits into such trenches, pits or furrows. (98 v. 339.) 296 
Sec. r2652. Repealed. (117 v. 490.) 
Sec. 12653. (Obstructing ditch or drain constructed by taxa- 
tion.) Whoever willfully obstructs a ditch, drain or watercourse 
constructed by order of a board of county commissioners or town- 
ship trustees, or diverts the water therefrom, shall be fined not less 
than ten dollars nor more than one hundred dollars. (72 v. 150.) 
Sec. 12654. (Defiling spring or well.) Whoever maliciously puts 
a dead animal, carcass or part thereof, or other putrid, nauseous or 
offensive substance into, or befouls a well, spring, brook or branch 
of running water, or a reservoir of a waterworks, of which use is 
or may be made for domestic purposes, shall be fined not less than 
five dollars nor more than fifty dollars or imprisoned not more than 
sixty days, or both. (70 v. 12.) 
Sec. 12655. (Nuisances when near state institutions.) Whoever 
carries on the business of slaughtering, tallow chandlery or manu- 
facturing glue, soap, starch or other article, the manufacture of 
which is productive of unwholesome or noxious odors in a building 
or place within one mile of a benevolent, penal or reformatory in- 
stitution supported wholly or in part by the state, or erects or oper - 
ates within one hundred and twenty rods of such benevolent institu- 
tion or within four hundred feet of the administration department 
of such penal or reformatory institution, a rolling mill, blast furnace, 
nail factory, copper smelting works, petroleum oil refinery or other 
works which may generate unwholesome or noxious odors or make 
loud noises, or which may annoy or endanger the health or prevent 
the recovery of the inmates of such institution, shall be fined not 
less than one hundred dollars nor more than five hundred dollars, and 
each week such business is so conducted, or works so operated, shall 
constitute a separate offense. (95 v. 592.) 
Sec. 12656. (Property liable for fines, etc.) All property, real 
or personal, which is used with the knowledge of the owner thereof 
in violation of the next preceding section, shall be liable, without 
exemption, for the fines and costs assessed for such violation. (95 v. 
592.) 
Sec. 12657. (Corporations may be prosecuted for nuisance.) 
Corporations may be prosecuted by indictment for violation of any 
provision of this subdivision of this chapter, and in every case of 
conviction under such provisions, the court shall adjudge that the 
nuisance described in the indictment be abated or removed within a 
time fixed, and, if it is of a recurring character, the defendant shall 
keep such nuisance abated. (97 v. 310.) 297 
Sec. 12658. (Proceedings in contempt.) If the defendant, con- 
victed of a violation of any provision of this subdivision of this 
chapter, fails, neglects or refuses to abate the nuisance described in 
the indictment, as ordered by the court, or, if the nuisance is of a 
recurring character, fails, neglects or refuses to keep it abated, pro- 
ceedings in contempt of court may be instituted against him and all 
others assisting in or conniving at the violation of such order, and 
the court may direct the sheriff to execute the order of abatement 
at the cost and expense of the defendant. (97 v. 310.) 
Sec. 12659. (Venue under preceding sections.) An offense 
charged under any of the sections of this subdivision of this chapter 
shall be held to have been committed in any county whose inhabitants 
are, or have been aggrieved thereby. The continuance of such 
nuisance for five days after the prosecution thereof is begun shall 
be an additional offense. (63 v. 102.) 
Sec. 12660. (Judgment for fine and costs.) A judgment for fine 
and costs rendered against a person or corporation for the violation 
of any of the provisions of this subdivision of this chapter, when the 
defendant has no property or not a sufficient amount within the 
county upon which to levy to satisfy such judgment and costs, may 
be enforced and collected in the manner judgments are collected in 
civil cases. (87 v, 351.) 
Sec. 12661. (Inspector of nuisances.) The county commis- 
sioners, whenever there is a violation of any of the provisions of 
this subdivision of this chapter, are authorized to employ and rea- 
sonably compensate one inspector of nuisances who shall be vested 
with police powers and authorized to examine all cases of violation 
of such provisions. (87 v. 350.) 
Sec. 12662. (His powers and duties.) For such purpose, and for 
obtaining evidence thereof, the inspector of nuisances may enter upon 
any premises in any county, and shall make or cause to be made a 
complaint, and institute prosecution, against anyone violating any 
provision of this subdivision of this chapter. He shall not be required 
to give security for costs. The prosecuting attorney shall be the 
legal advisor of such inspector and the attorney in all such prosecu- 
tions. (87 v. 350.) 
Sec. 12663. (Depositing poison on thoroughfares.) Whoever 
leaves or deposits poison or a substance containing poison in a com- 
mon, street, alley, lane or thoroughfare, or a yard or enclosure oc- 
cupied by another, shall be fined not less than five dollars nor more 
than fifty dollars or imprisoned not less than five days nor more 298 
than thirty days, or both, and be liable to the person injured for all 
damages sustained thereby. (R. S. Sec. 6958.) 
Sec. 12664. (Prohibiting careless distribution of samples con- 
taining drug or poison; penalty.) Whoever leaves, throws or de- 
posits upon the doorstep or premises owned or occupied by another 
or hands, gives or delivers or causes the same to be done to any per- 
son, except in a place where it is kepi for sale, a patent or pro- 
prietary medicine, preparation, pill, tablet, powder, cosmetic, dis- 
infectant or antiseptic, or a drug or medicine that contains poison or 
any ingredient that is deleterious to health, as a sample, or for the 
purpose of advertising, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars or imprisoned not less 
than thirty days nor more than one hundred days, or both. (102 
v. 87.) 
Sec. 12665. (Terms defined.) The terms drug,, medicine, patent 
or proprietary medicine, pill, tablet, powder, cosmetic, disinfectant 
or antiseptic, as used in the next preceding section, shall include all 
remedies for internal or external use. (95 v. 146.) 
Sec. 12666. (Regulating the sale of poisons.) Whoever, know- 
ingly sells or delivers to any person otherwise than in the manner 
prescribed by law, or sells or delivers in the manner prescribed by 
law but without the written order of an adult, to a minor under 
sixteen years of age, any of the following described substances or 
any poisonous compounds, combinations or preparations thereof, 
to-wit: the compounds and salts of antimony, arsenic, chromium, 
copper, lead, mercury, zinc, the concentrated mineral acids, oxalic 
and hydrocyanic acids and their salts, yellow phosphorus, carbolic 
acid, the essential oils of almonds, pennyroyal, tansy and savin, 
croton oil, creosote, chloroform, chloral hydrate, cantharides, aconite, 
belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, 
conium, cannabis indica, digitalis, hyoscyamus, ignatia, lobelia, nux 
vomica, opium, physostigma, phytolacca, stronphantus, stramonium, 
veratum viride, or any of the poisonous alkaloids or alkaloidal salts 
or other poisonous principles derived from the foregoing, or other 
poisonous alkaloids or their salts or other virulent poison, shall be 
fined not less than ten dollars nor more than fifty dollars for each 
offense. (95 v. 280.) 
Sec. 12667. (Further regulations.) Whoever sells or delivers to 
any person a substance named in the next preceding section without 
having first learned by due inquiry that such person is aware of the 
poisonous character thereof and that it is desired for a lawful pur- 
pose or without plainly labeling the word “poison,” and the names 299 
of two or more antidotes therefor, upon the box, bottle or package 
containing it or delivers such substance without recording in a book 
kept for the purpose, the name thereof, the quantity delivered, the 
purpose for which it is alleged to be used, the date of its delivery, 
and the name and address of the purchaser and the name of the 
dispenser or fails to preserve said book for five years and submit it 
at all times for inspection to proper officers of the law, shall be fined 
not less than ten dollars nor more than fifty dollars. (95 v. 280.) 
Sec. 12668. (Exceptions to two preceding sections.) The provi- 
sions of the next two preceding sections shall not apply to substances 
dispensed to or upon the order or prescription of persons believed by 
the dispenser to be lawfully authorized practitioners of medicine or 
dentistry, and the record of sale and delivery therein mentioned 
shall not be required of manufacturers and wholesalers selling any 
of such substances at wholesale, if the box, bottle or package con- 
taining such substance when sold at wholesale, is labeled with the 
name of the substance, the word “Poison,” and the name and address 
of the manufacturer or wholesaler. (95 v. 281.) 
Sec. 12669. (Same.) It shall not be necessary to place a poison 
label upon, nor record the delivery of preparations containing sub- 
stances named in section twelve thousand six hundred and sixty-six, 
when a single box, bottle or other package of the bulk of one-half 
fluid ounce or the weight of one-half avoirdupois ounce does not 
contain more than an adult medicinal close of such poisonous sub- 
stance. (95 v. 281.) 
Sec. 12670, (Further exceptions.) It shall not be necessary to 
place a poison label upon, nor record the delivery of, the sulphide of 
antimony, the oxide or carbonate of zinc, or colors ground in oil and 
intended for use as piants, nor of calomel, paregoric or other prepa- 
rations of opium containing less than two grains of opium to the 
fluid ounce. (95 v. 281.) 
Sec. 12671. (Same.) It shall not be necessary to place a poison 
label upon, nor record the delivery of preparations recommended in 
good faith for diarrhoea or cholera, when each bottle or package is 
accompanied by specific directions for use and a caution against the 
habitual use thereof, nor of liniments or ointments when plainly 
labeled “for external use only,” nor preparations put up and sold in 
the form of pills, tablets, or lozenges and intended for internal use, 
when the dose recommended does not contain more than one-fourth 
of an adult medicinal dose of such poisonous substance. (95 v. 281.) 
Sec. 12671-1. (Enforcement relating to poison.) The state board 300 
of pharmacy or anyone acting in its behalf shall enforce, or cause to 
be enforced, the laws relating to the labeling, recording, sale or 
delivery of poisons as provided in sections 12663, 12664, 12665, 12666, 
12667, 12668, 12669, 12670 and 12671 of the General Code. If it has 
information that any provision of the law has been violated, it shall 
investigate the same, and upon probable cause appearing, shall file 
a complaint and prosecute the offender. Fines assessed and col- 
lected under prosecutions commenced or caused to be commenced 
by the state board of pharmacy shall be paid into the state treasury 
to the credit of the general revenue fund. (109 v. 100.) 
Sec. 12672-13. (Narcotic drugs forfeited, when; disposal.) All 
narcotic drugs, the lawful possession of which is not established or 
the title to which cannot he ascertained, which have come into the 
custody of a peace officer, shall be forfeited, and disposed of as 
follows: 
(a) Except as in this section otheiwise provided, the court or 
magistrate having jurisdiction shall order such narcotic drugs for- 
feited and destroyed. A record of the place where said drugs were 
seized, of the kinds and quantities of drugs so destroyed, and of the 
time, place, and manner of destruction, shall be kept, and a return 
under oath, reporting said destruction, shall be made to the court or 
magistrate and to the United States commissioner of narcotics, by 
the officer who destroys them. 
(b) Upon written application by the state department of health, 
the court or magistrate by whom the forfeiture of narcotic drugs 
has been decreed may order the delivery of any of them, except 
heroin and its salts and derivatives, to said state department of 
health, for distribution or destruction, as hereinafter provided. 
(c) Upon application by any hospital within this state, not 
operated for private gain, the state department of health may in its 
discretion deliver any narcotic drugs that have come into its cus- 
tody by authority of this section to the applicant for medicinal use. 
The state department of health may from time to time deliver excess 
stocks of such narcotic drugs to the United States commissioner of 
narcotics or may destroy the same. 
(d) The state department of health shall keep a full and com- 
plete record of all drugs received and of all drugs disposed of, show- 
ing the exact kinds, quantities, and forms of such drugs ; the persons 
from whom received and to whom delivered; by whose authority re- 
ceived, delivered, and destroyed; and the dates of the receipt, dis- 
posal, or destruction, which record shall be open to inspection by all 
federal or state officers charged with the enforcement of federal and 
state narcotic laws. (116 v. 491.) 301 
Sec. 12684. (Corpse nuisance.) Whoever, being in charge of a 
township or other cemetery, permits a dead body to remain in a 
vault or other receptacle until it becomes offensive shall be fined 
not more than twenty dollars, and an additional fine of five dollars 
for each day that the nuisance is continued. Justices of the peace 
shall have jurisdiction under this section on complaint of any person. 
(R. S. Sec. 1470.) 
Sec. 12689. (Refusal to deliver corpse.) Whoever, being a 
superintendent of a city hospital, city or county infirmary, work- 
house, asylum for the insane, or other charitable institution founded 
and supported in whole or in part at public expense, coroner, in- 
firmary director, sheriff, or township trustee, fails to deliver a body 
of a deceased person when applied for, in conformity to law, or 
charges, receives or accepts money or other valuable consideration 
for such delivery, shall be fined not less than twenty-five dollars nor 
more than one hundred dollars or imprisoned not more than six 
months. (R. S. Sec. 3763.) 
Sec. 12690. (Body may be retained twenty-four hours.) The 
next preceding section shall not require the delivery of such body 
until twenty-four hours after death. (R. S. Sec. 3763.) 
Sec. 12691. (Unlawful possession of corpse.) Whoever is in 
possession of a corpse for the purpose of medical, surgical and ana- 
tomical study, except in conformity to the provisions of law, shall 
be fined not less than twenty-five dollars nor more than one hundred 
dollars or imprisoned not more than six months. (R. S. Sec. 3763.) 
Sec. 12692. (Detention of corpse.) Whoever detains a corpse, 
claimed by relatives or friends for interment at their expense, shall 
be fined not less than twenty-five dollars nor more than one hundred 
dollars or imprisoned not more than six months. (R. S. Sec. 3763.) 
Sec. 12693. (Unlawful use of corpse.) Whoever, being lawfully 
possessed of a corpse for medical or surgical study, uses it for any 
other purpose, removes it beyond the limits of this state, traffics 
therein, or transports or attempts to transport it by railroad or other 
public conveyance, without it is securely enclosed in a box or case 
suitable for transportation, shall be imprisoned in jail not more than 
one year. (R. S. Sec. 7035.) 
Sec. 12716. (Definition of adulterated milk.) In all prosecutions 
under this chapter, if milk is shown upon analysis to contain more 
than eighty-eight per cent of watery fluid, or to contain less than 
twelve per cent of solids or three per cent of fats, it shall be deemed 
to be adulterated. (97 v. 119.) 302 
Sec. 12716-1. (Per cent of milk fat cream shall contain.) Cream 
shall consist of that portion of milk, rich in milk fat, which rises to 
the surface of milk on standing, or is separated from it by centrifugal 
force. It shall contain eighteen per cent of milk fat. Whipping cream is 
cream which contains not less than thirty per cent of milk fat. The 
word cream or any combination or association of the word cream, 
shall not be used as a name or part of a name or any imitation of, or 
substitute for cream or milk or skim-milk mixture of less than eigh- 
teen per cent milk fat in connection with the sale of such imitation 
or substitute, or in any hotel, restaurant or place where cream is sold, 
delivered or served. (109 v. 359.) 
Sec. 12716-2. (Sale or exchange of cream which does not con- 
form with requirements, unlawful; penalty.) Whosoever sells, ex- 
changes, delivers or has in his custody or possession with intent to 
sell or exchange, or exposes or offers for sale or exchange cream 
or whipping cream which does not conform with the requirements 
in section 1 (*) of this act, and whoever uses the word cream or any 
combination or association of the word cream in violation of the pro- 
visions of section 1 (*) of this act shall be fined not less than fifty 
dollars nor more than two hundred dollars; and for a second offense 
shall be fined not less than one hundred dollars nor more than three 
hundred dollars, or imprisoned in the jail or workhouse not less than 
thirty days nor more than sixty days. (109 v. 359.) 
Sec. 12717. (Sale of adulterated milk.) Whoever sells, ex- 
changes, or delivers, or has in his custody or possession with intent 
to sell or exchange, or exposes or offers for sale or exchange, adul- 
terated milk, or milk to which water or any foreign substance has 
been added, or milk from cows fed on wet distillery waste or starch 
waste, or from cows kept in a dairy or place which has been declared 
to be in an unclean or unsanitary condition by certificate of any duly 
constituted board of health or duly qualified health officer within the 
county in which said dairy is located, or from diseased or sick cows, 
shall be fined not less than fifty dollars nor more than two hundred 
dollars; and, for a second offense, shall be fined not less than one 
hundred dollars nor more than three hundred dollars, or imprisoned 
in the jail or workhouse not less than thirty days nor more than 
sixty days. (99 v. 239.) 
(*) Section 1 is G. C. section 12710-1. 
Sec. 12718. (Penalty for subsequent offense.) For a subsequent 
offense, a person violating the next preceding section shall be fined 303 
fifty dollars and imprisoned in the jail or workhouse not less than 
sixty days nor more than ninety days. (99 v. 239.) 
Sec. 12719. (Misrepresentation as to pure milk.) Whoever 
sells, exchanges, delivers or has in his custody or possession with 
intent to sell or exchange, or exposes or offers for sale as pure milk, 
any milk from which the cream or part thereof has been removed, 
shall be fined not less than fifty dollars nor more than two hundred 
dollars. For a second offense he shall be fined not less than one hun- 
dred dollars nor more than three hundred dollars or imprisoned in 
the jail or workhouse not less than thirty days nor more than sixty 
days, and, for a subsequent offense, shall be fined fifty dollars and 
imprisoned in the jail or workhouse not less than sixty days nor more 
than ninety days. 
(Standardized milk not prohibited, when labeled.) The provi- 
sions of this chapter shall not be construed to prohibit the sale, ex- 
change or delivery or having in custody or possession with intent 
to sell, exchange or deliver, standardized milk, which is milk of which 
the original fat content has been changed by partial skimming or by 
the addition of skimmed milk, cream or milk rich in fat, and which 
contains not less than three and one-half per cent of milk fats and 
twelve per cent total solids, if the can or vessel containing such milk 
be labeled standardized milk and the percentage of butter fat con- 
tained in such milk or in unstandardized milk sold at retail be 
plainly stated on the label permitting a two-tenths of one per cent 
tolerance on one or more bottles, cans or vessels, but an average of 
twenty-five bottles, vessels or cans shall contain the required stipu- 
lated percentage of fat. (109 v. 550.) 
Sec. 12720. (“Skimmed milk” must be so labeled.) Whoever 
sells, exchanges, delivers or has in his custody or possession with in- 
tent to sell, exchange or deliver, milk from which the cream or part 
thereof has been removed, except standardized milk complying with 
the provisions of section 12719, unless in a conspicuous place above 
the center and upon the outside of each vessel, can or package, from 
which or in which such milk is sold, the words ‘‘skimmed milk” are 
distinctly marked in uncondensed Gothic letters not less than one 
inch in length, shall be fined not less than fifty dollars nor more than 
two hundred dollars. (109 v. 551.) 
Sec. 12720-1. (Price paid producers based upon percentage of 
butter fat.) The price paid to the producers of milk by the dealers 
or manufacturers shall be based upon milk containing 3.5 per cent 
butter fat; and a differential may be paid which should be greater 304 
for milk containing more than 3.5 per cent butter fat and less for milk 
containing less than 3.5 per cent butter fat. And whoever is guilty 
of a violation of this provision shall be fined not less than fifty dol- 
lars nor more than two hundred dollars. (109 v. 551.) 
Sec. 12721. (Subsequent offense.) For a second offense, a per- 
son violating the next preceding section shall be fined not less than 
one hundred dollars nor more than three hundred dollars or im- 
prisoned in the jail or workhouse not less than thirty days nor more 
than sixty days, and, for a subsequent offense, shall be fined fifty dol- 
lars and so imprisoned not less than sixty days nor more than ninety 
days. (86 v. 229.) 
Sec. 12722. (Standard milk measure or pipette.) Whoever uses 
a standard measure of milk or cream other than that which is defined 
in this section, where milk or cream is purchased by or furnished 
to creameries or cheese factories and where the value of such milk 
or cream is determined by the per cent of butter fat contained 
therein by the Babcock test, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars. In the use of the Babcock 
test the standard milk measures or pipettes shall have a capacity of 
17.6 cubic centimeters and the standard test tubes or bottles for milk 
shall have a capacity of two cubic centimeters for each ten per cent 
marked on the necks thereof. The standard unit of cream for testing 
shall be eighteen grams. (97 v. 285.) 
Sec. 12723. (Selling or offering incorrectly marked measures.) 
Whoever offers for sale or sells a milk pipette or measure, test tube 
or bottle which is not correctly marked or graduated as provided in 
the next preceding section, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars. (97 v. 286.) 
Sec. 12724. (Penalty for manipulating, etc., the Babcock test; 
butterfat samples to be retained.) Whoever, at a cheese factory, 
creamery, condensed milk factory or other place where milk is tested 
for quality or value, manipulates, underreads or overreads the Bab- 
cock test or any other contrivance used for determining- the quality 
or value of milk or cream, or makes a false determination by the 
Babcock test or otherwise, or whoever, being the purchaser of milk, 
fails to retain the sample, from which the butterfat content has been 
determined as a basis for computing price to the producer, for a 
period of forty-eight hours, or in the case of cream, twenty-four 
hours, following such test, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars. (119 v. 89.) Sec. 12725. (Condensed milk.) Whoever manufactures, sells, 
exchanges, exposes or offers for sale or exchange, condensed milk 
unless it has been made from pure, clean, fresh, healthy, unadulterated 
and wholesome milk, from which the cream has not been removed 
and in which the proportion of milk solids shall be the equivalent 
of twelve per cent of milk solids in crude milk, twenty-five per cent 
of such solids being fat, and unless the package, can or vessel con- 
taining it is distinctly labeled, stamped or marked with its true name, 
brand, and by whom and under what name made, shall be fined not 
less than fifty dollars nor more than two hundred dollars, and, for 
each subsequent offense, shall be fined not less than one hundred dol- 
lars nor more than five hundred dollars and imprisoned not less than 
ten days nor more than ninety days. (83 v. 180.) 
Sec. 12726. (Delivery of adulterated milk to cheese and butter 
factories.) Whoever, with intent to defraud, sells, delivers, or 
causes to be delivered, to a cheese or butter factory, milk which is 
adulterated or diluted within the meaning of the law, or from which 
any cream has been taken, or from which the part known as “strip- 
ping” has been withheld, or keeps or renders a false account of the 
quantity or weight of milk furnished at or to a factory or sold to a 
manufacturer, shall be fined not less than fifty dollars nor more than 
two hundred dollars, and, for each subsequent offense, shall be fined 
not less than one hundred dollars nor more than five hundred dollars 
and imprisoned not less than ten days nor more than ninety days. 
(83 v. 180.) 
Sec. 12727. (Impure or unhealthy milk.) Whoever sells, ex- 
changes, or offers for sale or exchange, unclean, impure, unhealthy 
or unwholesome milk shall be fined not less than fifty dollars nor 
more than two hundred dollars, and for each subsequent offense shall 
be fined not less than one hundred dollars nor more than five hun- 
dred dollars and imprisoned not less than ten days nor more than 
ninety days. (83 v. 180.) 
Sec. 12728. (Milk, falsely branded or labeled.) Whoever 
sells, exchanges, exposes, offers for sale or exchange, has in his 
possession or disposes of milk which is falsely branded, labeled, 
marked or represented as to grade, quantity or place where pro- 
duced or procured, shall be fined not less than fifty dollars nor 
more than two hundred dollars, and for each subsequent offense 
shall be fined not less than one hundred dollars nor more than 
five hundred dollars and imprisoned not less than ten days noi 
more than ninety days. (83 v. 180.) Sec. 12729. (Keeping unhealthy cow.) Whoever keeps a cow 
for the production of milk in a cramped or unhealthy condition, or 
feeds it on unhealthy food, or on food which produces impure, un- 
healthy or unwholesome milk, shall be fined not less than fifty dol- 
lars nor more than two hundred dollars, and for each subsequent of- 
fense, shall be fined not less than one hundred dollars nor more than 
five hundred dollars and imprisoned not less than ten days nor more 
than ninety days. (83 v. 180.) 
Sec. 12730. (Refilling milk and cream bottle[s].) Whoever fills 
or refills with milk, cream or other milk products a glass jar or bottle, 
with intent to sell such milk, cream or other milk product, unless 
such glass jar or bottle is first thoroughly cleansed or sterilized, shall 
be fined not more than one hundred dollars. (99 v. 454.) 
Sec. 12730-1. (Definitions.) For the purpose and within the 
meaning of this act the following definitions shall obtain: 
(1) “Frozen desserts” means ice cream, frozen custard, milk 
sherbet, ice or ice sherbet and imitation ice cream as defined in this 
act. 
(2) “Milk products” means pure, clean and wholesome cream, 
pure milk fat, butter, milk, evaporated milk, skimmed milk, con- 
densed milk, sweetened condensed milk, and condensed skimmed 
milk, sweetened condensed skimmed milk, dried milk, dried skimmed 
milk. 
(3) “Ice cream” means the pure, clean, frozen product made 
from a combination of two or more of the following ingredients: 
milk products, eggs, water, and sugar with harmless flavoring and 
with or without harmless coloring, and with or without added stabi- 
lizer composed of wholesome edible material. It contains not more 
than one-half of one per centum by weight of stabilizer, not less than 
ten per centum by weight of milk fat, and not less than eighteen per 
centum by weight of total milk solids; except when fruit, nuts, cocoa 
or chocolate, maple syrup, cakes or confections are used for the pur- 
pose of flavoring; then it shall contain not less than ten per centum 
by weight of milk fat and not less than eighteen per centum by 
weight of total milk solids, except for such reduction in milk fat 
and in total milk solids, as is due to the addition of such flavoring, 
but in no such case shall it contain less than eight per centum by 
weight of milk fat nor less than fourteen per centum by weight of 
total milk solids. In no case shall any ice cream weigh less than 
four and one-quarter pounds (4%) per gallon. 
(4) “Frozen custard” means custard ice cream, ice custard, 
parfaits and similar frozen products. Frozen custard is a clean, whole- 307 
some product made from a combination of two or more of the fol- 
lowing ingredients; Milk products, eggs, water and sugar with harm- 
less flavoring and with or without harmless coloring and with or 
without added stabilizer composed of wholesome, edible material. It 
contains not more than one-half of one per centum by weight of 
stabilizer, not less than ten per centum by weight of milk fat, and 
not less than eighteen per centum by weight of total milk solids. 
Frozen custard shall contain not less than five dozens of clean whole- 
some egg yolks, or one and five-tenths pounds of wholesome, dry egg 
yolk containing not to exceed seven per centum by weight of mois- 
ture, or three pounds of wholesome, frozen egg yolk, containing not 
to exceed fifty-five per centum by weight of moisture, or the equiv- 
alent of egg yolk in any other form, for each ninety pounds of frozen 
custard. In no case shall any frozen custard weigh less than four and 
one-quarter pounds (4/4) per gallon. 
(5) “Milk sherbet” means the pure, clean, frozen product made 
from milk products, water and sugar, with harmless fruit or fruit 
juice flavoring and with or without harmless coloring, with not less 
than 0.35 of one per centum of acid as determined by titrating with 
standard alkali and expressed as lactic acid, and with or without 
added stabilizer composed of wholesome edible material. It shall 
contain not less than four per centum by weight of milk solids. 
(6) “Ice or ice sherbet” means the pure, clean, frozen product 
made from water and sugar with harmless fruit or fruit juice flavor- 
ing with or without harmless coloring, with not less than 0.35 of one 
per centum of acid, as determined by titrating with standard alkali 
and expressed as lactic acid, and with or without added stabilizer 
composed of wholesome edible material. 
(7) “Imitation ice cream” means any frozen substance, mixture, 
or compound, regardless of the name under which it is represented, 
which is made in imitation or semblance of ice cream, or is prepared 
or frozen as ice cream is customarily prepared or frozen, and which 
is not ice cream, frozen custard, milk sherbet, ice or ice sherbet as 
defined in this act. 
(8) “Person” means any person, partnership, corporation or 
association. (115 v. 498.) 
Sec. 12730-ia. (License required; fees; restrictions, etc.) 
(1) No person shall sell, advertise or offer or expose for sale 
any frozen dessert manufactured in this state unless the manufac- 
turer thereof is a licensee under the provisions of this article. 
(2) No person shall sell or offer for sale or have in his posses- 
sion with intent to sell at retail any frozen dessert from a fountain, cabinet, container, or counter unless there is conspicuously displayed 
at, on or over the fountain, cabinet, container or counter where such 
product is dispensed, a sign of such size and form as may be pre- 
scribed by regulations made by the director of agriculture, and which 
sign shall be legible to the purchaser and shall state the name of the 
manufacturer of such products. 
(3) No person shall sell, or offer or expose for sale imitation 
ice cream unless a sign containing the words “imitation ice cream 
sold here” appears in a prominent place where it can be easily read 
by purchasers. If curb service is given, the sign must appear both 
inside and outside the building. The size of said sign shall be desig- 
nated by the director of agriculture. 
(4) No person shall be regularly engaged in the business of op- 
erating one or more ice cream freezers for the purpose of manufac- 
turing any frozen dessert to be sold at wholesale or retail without 
first obtaining a license for the operation of all freezers from the di- 
rector of agriculture. Application for such license shall be made to 
the director of agriculture in such manner as he may prescribe and 
shall be accompanied by a fee according to the following schedule: 
(a) For manufacturers selling at wholesale and/or retail and 
using continuous freezers the fee shall be one-fourth (%) of the 
rated capacity in gallons per hour, designated by the manufacturer 
of the freezer or freezers, multiplied by two dollars ($2.00) per gallon, 
but in no case shall the fee be less than ten dollars ($10.00) for any 
freezer or freezers used. 
(b) For manufacturers selling at wholesale and/or retail and 
using other types of freezers the fee shall be two dollars ($2.00) per 
gallon capacity of the freezer or freezers used, but in no case shall 
the fee be less than ten dollars ($10.00) for any freezer or freezers 
used, except any farmer who manufactures and sells only the product 
of his own cows. 
The director of agriculture shall thereupon cause an investiga- 
tion to be made and if it be found that the applicant is supplied with 
the facilities necessary to operate a sanitary plant or place for the 
manufacture of frozen desserts and the plant or place is in a sanitary 
condition, the director of agriculture shall cause a license to be issued 
which shall be in effect for one year and may be renewed upon the 
same conditions and payment of the same fee, annually thereafter. 
(5) No person shall sell, advertise or offer or expose for sale 
a frozen dessert if it contains any fat, (*) oils or paraffin other than 
milk fats, except such fats, oils or paraffin as are naturally contained 
in the flavors used. (115 v. 499.) 
(*) Should this read “fats”? 309 
Sec. 12730-ib. (Pasteurized mixtures shall be used; exceptions.) 
Whoever regularly manufactures for sale any frozen desserts shall 
use in such manufacturing only mixtures in which the milk products 
have been pasteurized in accordance with the regulations governing 
pasteurization adopted by the director of agriculture; unless the 
cream, milk, or other milk products contained therein shall be pro- 
duced from disease-free cows, as determined by such tests as are pro- 
vided by law, and unless such cream and milk contain less than one 
hundred thousand bacteria per cubic centimeter. (115 v. 500.) 
Sec. 12730-ic. (Labeling, misrepresentation, use of containers, 
etc.) 
(1) No person shall sell or offer or expose for sale frozen 
desserts in any container which is labeled with the name of a person 
other than the manufacturer of such frozen desserts. 
(2) No person shall misrepresent in any manner the name of the 
manufacturer of frozen desserts. 
(3) No person shall use or cause or permit to be used, for the 
purpose of preserving or holding frozen desserts, any cabinet, can, 
container, or other equipment owned by any other person without 
the written consent of such owner. 
(4) No person shall place any frozen desserts of one manufac- 
turer in the cabinet, can, container or other equipment belonging to 
another manufacturer without the written consent of the owner 
thereof. 
(5) No person other than the owner shall remove, erase, oblit- 
erate, cover or conceal the owner’s name or any distinguishing mark 
or device which may appear or be placed on any cabinet, can, con- 
tainer or other equipment. (115 v. 501.) 
Sec. 12730-id. (Penalty for violation.) Any person found guilty 
of violating any of the provisions of this act shall be guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than 
one hundred nor more than five hundred dollars. (115 v. 501.) 
Secs. 12730-3. Repealed. (115 v. 501.) 
Sec. 12730-4. (Suspension of license; notice of hearing.) I he 
secretary of agriculture may suspend any such license temporarily 
for failure to comply with the provisions of this act, or any regula- 
tions or order made by him hereunder, and shall have the power 
finally to revoke the same for such cause. Before any such suspension 
or revocation of a license is made, the secretary of agriculture shall 
give written notice to the licensee that he contemplates the suspension 
or revocation of the same and giving his reasons therefor. Such notice shall appoint a time for hearing before said secretary of agri- 
culture and may be sent by registered mail to the licensee. On the 
day of the hearing, the licensee may present such evidence as he de- 
sires, and after hearing the evidence, the secretary of agriculture 
shall decide the matter in such manner as to him appears just and 
right. (109 v. 324.) 
Sec. 12731. (Placards to be displayed by dealers.) Whoever 
sells, deals in, keeps for sale, exposes or offers for sale or exchange, 
a substance other than butter or cheese made wholly from pure milk 
or cream, salt and harmless coloring matter, which appears to be, 
resembles or is made in imitation of, or as a substitute for, butter or 
cheese, without keeping a card, not less than ten by fourteen inches 
in size in a conspicuous place where it may be easily seen and read 
in the store, room, stand, booth, wagon or place where such substance 
is, on which is printed upon a white ground in black Roman letters, 
not less in size than twelve line pica, the words “oleomargarine sold 
here,” or “imitation cheese sold here,” and no other words, or sells 
oleomargarine, suine, imitation cheese or other dairy product at retail 
or in any quantity less than the original package, tub or firkin, unless 
he shall first inform the purchaser that the substance is not butter 
or cheese, but an imitation thereof, shall be fined not less than fifty 
dollars nor more than two hundred dollars, and for each subsequent 
offense shall be fined not less than one hundred dollars nor more than 
five hundred dollars and imprisoned not less than ten days nor more 
than ninety days. (83 v. 180.) 
Sec. 12732. (Placards to be displayed by hotel proprietors, etc.). 
Whoever, being- a proprietor, keeper, manager, or person in charge of 
a hotel, boarding house, restaurant, eating house, lunch counter, 
lunch room, boat, railroad car or other place, therein sells, uses, dis- 
poses of, furnishes, serves, or uses in cooking, a substance which ap- 
pears to be, resembles, or is made in, or as an imitation of, or a sub- 
stitute for butter or cheese which is not wholly made from pure milk 
or cream, salt, and harmless coloring matter, without keeping a card 
in a conspicuous place therein, which shall be white and not less than 
ten by fourteen inches in size, upon which shall be printed in plain, 
black Roman letters, not less than twelve line pica, the words “oleo- 
margarine sold and used here,” or “imitation cheese sold and used 
here,” and no other words, or sells, furnishes or disposes of such sub- 
stance as and for butter or cheese made from pure milk or cream, salt 
and harmless coloring matter, when butter or cheese is asked for, 
shall be fined not less than fifty dollars nor more than two hundred 
dollars, and for each subsequent offense shall be fined not less than one hundred dollars nor more than five hundred dollars and impris- 
oned not less than ten days nor more than ninety days. (83 v. 180.) 
Sec. 12733. (Unhealthy dyes in oleomargarine.) Whoever manu- 
factures oleomargarine which contains methyl, [-] orange, butter- 
yellow, annatto, aniline dyes or other coloring matter, shall be fined 
not less than one hundred dollars nor more than five hundred dollars, 
and, for each subsequent offense, in addition to the above fine, may 
be imprisoned not more than ninety days. (91 v. 274.) 
Sec. 12734. (Oleomargarine, sale of is illegal, when; penalty.) 
Whoever offers or exposes for sale, sells or delivers, or has in his 
possession with intent to sell or deliver for consumption in Ohio, 
yellow oleomargarine which has a tint or shade of more than one and 
six-tenths degrees of yellow, or of yellow and red collectively, but 
with an excess of yellow over red, measured in the terms of the Lovi- 
bond tintometer scale or its equivalent, such measurements to be 
made under regulations prescribed by the director of agriculture, 
shall be fined not less than one hundred dollars nor more than five 
hundred dollars, and, for each subsequent offense, in addition to the 
above fine may be imprisoned not more than ninety days. (114 v. 84.) 
Sec. 12735. (Oleomargarine defined.) The word “oleomarga- 
rine” as used in the next two preceding sections means any sub- 
stance, not pure butter of not less than eighty per cent of butter-fats, 
which is made as a substitute for, in imitation of, or to be used as 
butter. (91 v. 275.) 
Sec. 12736. (Definitions.) (a) For the purpose of this section— 
1. The word “milk” means cow’s milk and may be adjusted by 
the separation of part of the fat therefrom or the addition thereto 
of cream or skim milk. 
2. The word “process” means the manufacturing method and 
procedure established by order of the federal food and drug adminis- 
tration under authority of the federal food, drug and cosmetic act. 
3. The words “vendible portion” as used in section 12746 shall 
be understood to mean a portion of large styles of cheese, not ex- 
ceeding one pound in weight, usually or customarily sold to custom- 
ers in segments or slices. 
4. The words “date of manufacture” mean the date the rennet 
or enzymes was added to the milk. 
(b) The definitions and standards of cheese made in Ohio shall 
be as follows: 
(1) Cheese. The product made from the separated curd ob- 
tained by coagulating the casein of milk, skimmed milk, or milk en- 312 
riched with cream by means of rennet or other suitable enzyme, lac- 
tic fermentation, or a combination of the two, with or without the 
addition of seasoning or harmless coloring matter. 
(2) Cheddar cheese, American cheese, American cheddar cheese. 
The cheese made by the cheddar process from heated and pressed 
curd obtained by action of rennet on milk, and containing not more 
than 39 per cent of water, and, in the water-free substance, not less 
than 50 per cent of milk fat. 
(3) Washed curd cheese. The cheese made by the washed curd 
process from heated and pressed curd obtained by the action of rennet 
on milk, and containing not more than 42 per cent of water, and, in 
the water-free substance, not less than 50 per cent of milk fat. 
(4) Colby cheese. The cheese made by the colby process from 
heated and pressed curd obtained by the action of rennet on milk, 
and containing not more than 40 per cent of moisture, and, in the 
water-free substance, not less than 50 per cent of milk fat. 
(5) The date of manufacture shall be legibly and plainly stamped 
or marked on each original cheddar cheese, washed curd cheese, colby 
cheese and swiss cheese. (119 v. 548.) 
Sec. 12737. (Selling or offering imitation or substitute when 
cheese called for.) Whoever sells or ofifers for sale, to a person ask- 
ing, sending or inquiring for cheese, an article, substance or com- 
pound made in imitation or semblance of or as a substitute for 
cheese, not made entirely from milk or cream, with salt, rennet and 
harmless coloring matter, and containing not less than ten per cent 
pure butter fats, shall be fined not less than fifty dollars nor more 
than one hundred dollars or imprisoned in the county jail not less 
than ten days nor more than thirty days, and, for each subsequent 
offense, shall be fined not less than one hundred dollars nor more 
than two hundred dollars or imprisoned in the county jail not less 
than twenty days nor more than sixty days, or both. (97 v. 253.) 
Sec. 12738. (Failure to placard sides of vehicle.) Whoever 
peddles, sells, solicits orders for the future delivery of or delivers 
from a cart, wagon or other vehicle, upon the public streets or ways, 
“filled cheese,” “skimmed cheese” or a substance made in imitation 
or semblance of cheese or as a substitute for cheese, not made en- 
tirely from milk or cream, with salt, rennet and harmless coloring- 
matter, not having on both sides of such cart, wagon or other vehicle 
a placard in uncondensed gothic letters not less than three inches in 
length containing the ycords “filled cheese” or “skimmed cheese” and 
no other words, shall be fined not less than fifty dollars nor more 
than one hundred dollars or imprisoned in the county jail not less 313 
than ten days nor more than thirty days, and, for each subsequent 
offense, shall be fined not less than one hundred dollars nor more than 
two hundred dollars or imprisoned in the county jail not less than 
twenty days nor more than sixty days, or both. (92 v. 52.) 
Sec. 12739. (Posting of placard at place of business.) Whoever 
sells “filled cheese,” “skimmed cheese” or a substance made in imita- 
tion or semblance of cheese, or as a substitute for cheese, not made 
entirely from milk or cream, with salt, rennet and harmless coloring 
matter, from a dwelling, store, office or public mart, without having 
conspicuously posted thereon a placard or sign in letters not less than 
four inches in length “filled cheese sold here,” or “skimmed cheese 
sold here,” and no other words, shall be fined one hundred dollars 
and one hundred dollars for each day’s failure thereafter to conform 
to such provision of law. (92 v. 52.) 
Sec. 12740. (Restrictions on manufacture of artificial dairy 
products.) Whoever manufactures out of any oleaginous substance, 
or a compound thereof, other than that produced from unadulterated 
milk or cream, salt and harmless coloring matter, an article designed 
to be sold as butter or cheese made from pure milk or cream, salt 
or harmless coloring matter, shall be fined not less than fifty dollars 
nor more than two hundred dollars, and, for each subsequent offense, 
shall be fined not less than one hundred dollars nor more than five 
hundred dollars and imprisoned not less than ten days nor more than 
ninety days. This section shall not prevent the use of pure skimmed 
milk in the manufacture of cheese. (83 v. 178.) 
Sec. 12741. (Restrictions on sale of artificial dairy products.) 
Whoever sells, exposes or offers for sale or exchange, a substance 
purporting, appearing or represented to be butter or cheese, or having 
the semblance thereof, which is not made wholly from pure milk or 
cream, salt and harmless coloring matter, unless it is done under its 
true name and each vessel, package, roll or parcel of such substance 
has distinctly and durably painted, stamped, stenciled or marked 
thereon its true name and the name of each article or ingredient used 
or entering the composition thereof in ordinary bold faced letters, not 
less than five line pica in size, or sells or disposes of such substance 
without delivering with each amount sold or disposed of a label so 
marked, shall be fined not less than fifty dollars nor more than two 
hundred dollars, and, for each subsequent offense, shall be fined not 
less than one hundred dollars nor more than five hundred dollars and 
imprisoned not less than ten days nor more than ninety days. (84 
v, 182.) Sec. 12742. (Selling or offering immitation or substitute with- 
out proper brands and placard.) Whoever sells or offers for sale, an 
article, substance or compound made in imitation or semblance of 
cheese, or as a substitute for cheese, not made entirely from milk or 
cream, with salt, rennet and harmless coloring matter, not marked 
and distinguished by all the marks, words and stamps required by law, 
and not having in addition thereto upon the exposed contents of 
every opened tub, box or parcel thereof, a conspicuous placard with 
the words “filled cheese” or skimmed cheese,” as the case may be, 
printed thereon in plain, uncondensed letters not less than one inch 
long, shall be fined not less than fifty dollars nor more than one hun- 
dred dollars or imprisoned in the county jail not less than ten days 
nor more than thirty days, and, for each subsequent offense, shall be 
fined not less than one hundred dollars nor more than two hundred 
dollars or imprisoned in the county jail not less than twenty days nor 
more than sixty days, or both. (92 v. 52.) 
Sec. 12746. (“Skimmed cheese” must be so labeled; penalty.) 
Whoever sells, exposes for sale or has in his possession with intent 
to sell, cheese made in semblance of a style or styles usual and cus- 
tomary in the manufacture and sale of the types defined in section 
12736 as “cheddar cheese”, or “washed curd cheese” or “colby cheese” 
containing less than fifty per cent of butterfat in the water-free sub- 
stance, without having the words “skimmed cheese” legibly stamped, 
labeled or marked upon each vendible portion of such cheese in 
printed letters of plain, uncondensed type not less than one inch in 
length so that the words cannot easily be defaced, shall be fined not 
less than twenty-five dollars nor more than one hundred dollars or 
imprisoned in the county jail not less than ten days nor more than 
thirty days, and, for each subsequent offense, shall be fined not less 
than fifty dollars nor more than two hundred dollars or imprisoned 
in the county jail not less than twenty days nor more than sixty days, 
or both. (119 v. 549.) 
Sec. 12746-1. (Direct sale to consumers permitted.) Producers 
of cheese on their own farms are not prohibited by this act from pro- 
ducing cheese from their own products and selling direct to con- 
sumers. (119 v. 549.) 
Sec. 12747. (Same not in original package.) Whoever retails 
“filled cheese” or “skimmed cheese,” as provided in the next two pre- 
ceding sections, not in the original package, without attaching to each 
piece or package sold and delivered, a wrapper or label bearing in a 
conspicuous place on the outside of the package the words “filled cheese” or “skimmed cheese” in printed letters of plain, uncondensed 
gothic type not less than one inch in length, shall be fined not less 
than fifty dollars nor more than one hundred dollars or imprisoned 
in the county jail not less than ten days nor more than thirty days, 
and, for each subsequent offense, shall be fined not less than one hun- 
dred dollars nor more than two hundred dollars or imprisoned in the 
county jail not less than twenty days nor more than sixty days, or 
both. (97 v. 253.) 
Sec. 12748. (Erasing or cancelling label on filled or skimmed 
cheese.) Whoever sells, exposes for sale or has in his possession 
with intent to sell, an article substance or compound made in imita- 
tion or semblance of cheese, or as a substitute for cheese, except as 
provided in the next three preceding sections, or with intent to de- 
ceive, defaces, erases, cancels or removes a mark, stamp, brand, label 
or wrapper provided for in such sections, or falsely labels, stamps or 
marks a tub, box, article or package so marked, stamped or labeled, 
shall be fined not less than fifty dollars nor more than one hundred 
dollars or imprisoned in the county jail not less than ten days nor 
more than thirty days, and, for each subsequent offense, shall be fined 
not less than one hundred dollars nor more than two hundred dollars, 
or imprisoned in the county jail not less than twenty days nor more 
than sixty days, or both. (92 v. 51.) 
Sec. 12749. (Fraudulent shipments of dairy products.) Who- 
ever packs, boxes, incloses, ships or consigns a substance as butter or 
cheese made from pure milk or cream, salt and harmless coloring 
matter in such a manner as to conceal an inferior article by placing 
a finer grade of butter or cheese upon the surface of it, shall be fined 
not less than fifty dollars nor more than two hundred dollars, and, 
for each subsequent offense, shall be fined not less than one hundred 
dollars nor more than five hundred dollars and imprisoned not less 
than ten days nor more than ninety days. (83 v. 180.) 
Sec. 12750. (Falsely marked imitation dairy products.) Who- 
ever sells, exchanges, exposes or offers for sale or exchange, disposes 
of or has in his possession a substance made in imitation or re- 
semblance of, or as a substitute for a dairy product which is falsely 
branded, stenciled, labeled or marked as to the place where made, the 
name or cream value thereof, its composition or ingredients or in any 
other respect, shall be fined not less than fifty dollars nor more than 
two hundred dollars, and, for each subsequent offense, shall be fined 
not less than one hundred dollars nor more than five hundred dollars 
and imprisoned not less than ten days nor more than ninety days. 
(83 v. 179.) Sec. 12751. (Selling falsely branded dairy products.) Whoever 
sells, exchanges, exposes or offers for sale or exchange, disposes of 
or has in his possession a dairy product which is falsely branded, 
stenciled, labeled or marked as to the place where made, date of 
manufacture, name or cream value thereof, composition, ingredients 
or in any other respect, or cheese wholly made from skimmed milk 
not having on the box or can containing it the words, “made from 
skimmed milk,” shall be fined not less than fifty dollars nor more than 
two hundred dollars, and, for each subsequent offense, shall be fined 
not less than one hundred dollars nor more than five hundred dollars 
and imprisoned not less than ten days nor more than ninety days. 
(83 v. 179.) 
Sec. 12752. (Mixing improper articles with butter or cheese.) 
Whoever manufactures, mixes, compounds with or adds to pure milk, 
cream, butter or cheese, animal fat, animal, mineral or vegetable oils, 
acids or other deleterious ingredients, or manufactures an oleaginous 
or other substance not produced from pure milk or cream, salt and 
harmless coloring matter, or has in his possession or sells, offers or 
exposes it for sale or exchange with intent to sell or dispdse of it as 
and for butter or cheese made from unadulterated milk or cream, 
salt and harmless coloring matter, shall be fined not less than fifty 
dollars nor more than two hundred dollars, and, for each subsequent 
offense, shall be fined not less than one hundred dollars nor more 
than five hundred dollars and imprisoned not less than ten days nor 
more than ninety days. (83 v. 179.) 
Sec. 12753. (Improper use of words “butter,” etc.) Whoever 
places on a package, roll, parcel or vessel containing an imitation 
dairy product not made wholly from pure milk or cream, salt and 
harmless coloring matter the words “butter,” “creamery” or “dairy” 
or any word or combination of words embracing them, shall be fined 
not less than fifty dollars nor more than two hundred dollars, and, 
for each subsequent offense, shall be fined not less than one hundred 
dollars nor more than five hundred dollars and imprisoned not less 
than ten days nor more than ninety days. (84 v. 182.) 
Sec. 12754. (Use of imitation butter or cheese at public institu- 
tions.) Whoever, in a charitable or penal institution of the state, 
having charge of the purchase of butter or cheese, knowingly pur- 
chases any butter or cheese which is not made wholly from pure milk 
or cream, salt and harmless coloring matter, and permits it to be used 
in such institution, shall be fined not less than fifty dollars nor more 
than two hundred dollars, and, for each subsequent offense, shall be fined not less than one hundred dollars nor more than five hundred 
dollars and imprisoned not less than ten days nor more than ninety 
days. (83 v. 180.) 
Sec. 12755. (Manufacturing or selling “renovated butter” or 
“process butter”.) Whoever manufactures for sale, offers or exposes 
for sale, sells, exchanges, delivers or has in his possession with intent 
to sell, exchange or deliver, butter that is produced by taking original 
packing stock butter or other butter, or both, melting such butter so 
that the butter fat can be drawn off or extracted, mixing such butter 
fat with milk, cream, skimmed milk or other milk product and re- 
working or rechurning such mixture, or manufactures for sale, offers 
or exposes for sale, sells, exchanges, delivers or has in his possession 
for any of such purposes butter which has been subjected to any proc- 
ess by which it is melted, clarified or refined, and made to resemble 
butter, and is commonly known as boiled, or cold extracted process 
or renovated butter, and which is hereby designated as “renovated 
butter” or “process butter,” unless it is branded or marked as pro- 
vided in the next succeeding section, shall be fined not less than fifty 
dollars nor more than two hundred dollars, and, for each subsequent 
offense shall be fined not less than one hundred dollars nor more than 
three hundred dollars or imprisoned in the county jail or workhouse 
not less than thirty days nor more than sixty days, or both. (99 v. 
243-) 
Sec. 12756. (Labeling and packing such butter.) Whoever sells, 
exposes for sale or has in his custody or possession with intent to 
sell, “renovated butter” or “process butter,” as defined in the next 
preceding section, unless the words “renovated butter” or “process 
lutter” are conspicuously stamped, labeled or marked in one or two 
lines and in plain gothic letters, at least three-eighths of an inch 
square, so that such words can not easily be defaced, upon two sides 
of each tub, fifkin [firkin], box or package containing it or exposes 
such butter for sale uncovered or not in a case or package, unless a 
placard containing such words in the form above described, is at- 
tached to the mass in such manner as to be easily seen and read by 
the purchaser; or sells such butter from such package or otherwise 
at retail, in print, roll or other form, unless before delivering to the 
purchaser thereof, it is contained in wrappers upon the outside of 
which is plainly printed or stamped the words “renovated butter” 
or “process butter” in one or two lines in plain gothic letters at least 
three-eighths of an inch square without other words or printing 
thereon and in plain view of said purchaser and not concealed, shall 
be fined not less than fifty dollars nor more than one hundred dollars, and, for each subsequent offense, shall be hned not less than one 
hundred dollars nor more than three hundred dollars or imprisoned 
in the county jail or workhouse not less than thirty days nor more 
than sixty days, or both. (99 v. 244.) 
Sec. 12757. (Refusing secretary of agriculture entrance to fac- 
tory, etc.; penalty.) Whoever refuses to allow the secretary of ag- 
riculture, his inspectors or agents, to enter a creamery, factory, 
store, salesroom, drug store, laboratory, booth, vehicle, steam or 
electric car or place which he or such inspector or agent desires to 
enter in the discharge of his official duty, or interferes with such 
secretary or his inspector or agent in such discharge, or refuses to 
deliver to him or his inspector or agent a sample of food, drug or 
linseed oil made, sold, offered for sale by such person, upon request 
therefor and tender of the value thereof, shall be fined not less than 
fifty dollars nor more than two hundred dollars, and, for each sub- 
sequent offense, shall be fined not less than one hundred dollars nor 
more than three hundred dollars or imprisoned in jail not less than 
thirty days nor more than one hundred days, or both. (107 v. 494.) 
Sec. 12758. (Selling adulterated and misbranded food or drug.) 
Whoever manufactures for sale, offers for sale or sells a drug, article 
of food, or flavoring extract which is adulterated or misbranded as 
the terms “drugs,” “food,” “flavoring extract,” “adulterated” and 
“misbranded” are defined and described by law, or manufactures, 
offers or exposes for sale or delivers a drug or article of food and 
fails, upon demand and tender of its value, to furnish a sample thereof 
for analysis, shall be fined not less than twenty-five dollars nor more 
than one hundred dollars, and, for each subsequent offense, shall be 
fined not less than one hundred dollars nor more than two hundred 
dollars or imprisoned in the county jail not less than thirty days nor 
more than one hundred days, or both. (81 v. 67.) 
Sec. 12758-1. (Confiscation and destruction of machinery, etc., 
used in adulteration of foods, etc.) Whenever anyone has been taken 
into custody for the violation of the provisions of section 5778 of the 
General Code, any apparatus or machinery used in such violation shall 
be confiscated by the arresting officer and shall be used as evidence 
against the alleged violator. After the trial and conviction of the 
alleged violator such apparatus or machinery shall be destroyed. 
(119 v. 670.) 
Sec. 12759. (Additional penalty.) A person found guilty of manu- 
facturing, offering for sale or selling an adulterated article of food 
or drug, as described in the next preceding section, shall pay all necessary costs and expenses incurred in inspecting and analyzing 
such adulterated article. (99 v. 259.) 
Sec. 12760. (Selling, etc., unwholesome provisions.) Whoever 
sells, offers for sale or has in possession with intent to sell, diseased, 
corrupted, adulterated or unwholesome provisions without making 
the condition thereof known to the buyer, shall be fined not more than 
fifty dollars or imprisoned twenty days, or both. (99 v. 259.) 
Sec. 12761. (Penalty for slaughter, sale, etc., for human con- 
sumption of calf less than four weeks old; confiscation of carcass.) 
Whoever being a dealer, slaughterer or processor of meat or meat 
products for human consumption, kills or has in his possession for the 
purpose of killing, a calf less than four weeks old or has in his pos- 
session the carcass of a calf not sufficiently mature to be fit for human 
consumption, shall be fined not more than fifty dollars or imprisoned 
not more than twenty days, or both. The carcass of such calf may be 
confiscated by a duly authorized agent of the United States Depart- 
ment of agriculture, the department of agriculture of Ohio, or by a 
duly authorized agent of the department of health of the state of 
Ohio or any of its political subdivisions. (120 v. S. 185. Eft'. May 
24, I943-) 
Sec. 12762. (Manufacture and sale of adulterated candy; sam- 
ples.) Whoever manufactures for sale, sells or offers for sale, candy 
with an admixture of terra alba, barytes, talc or other mineral sub- 
stance, or with poisonous colors or flavors or other ingredients de- 
leterious or detrimental to health, or, being a manufacturer of or 
dealer in candy, refuses, upon demand and a tender of payment there- 
for, to furnish a sample thereof for analysis, shall be fined not less 
than twenty-five dollars nor more than one hundred dollars or im- 
prisoned not less than thirty days nor more than one hundred days, 
or both, and shall pay all costs and expenses incurred in inspecting 
and analyzing such adulterated candy which shall be forfeited and 
destroyed under the direction of the court. (83 v. 119.) 
Sec. 12763. (Maple sugar and syrup defined.) Maple sugar or 
pure maple sugar and maple syrup or pure maple syrup are the un- 
adulterated product by the evaporation of pure sap from the maple 
tree. The standard of weight of a gallon of maple syrup of two hun- 
dred and thirty-one cubic inches shall be eleven pounds. A substance 
purporting to be maple syrup or maple sugar not made in compliance 
with this section shall be an adulteration of maple syrup or maple 
sugar, and maple syrup of less weight than herein required shall be 
an adulteration of maple syrup. (97 v. 46.) 320 
Sec. 12764. (Adulterated maple sugar or syrup.) Whoever manu- 
factures for sale, offers for sale, has in his possession with intent to 
sell, or sells or delivers, as and for maple syrup or maple sugar, an 
adulteration thereof shall be fined not less than fifty dollars nor more 
than two hundred dollars. (97 v. 46.) 
Sec. 12765. (Fraudulent use of word “maple”.) Whoever offers 
for sale, has in his possession with intent to sell, sells or delivers an 
adulteration of maple syrup or maple sugar in a box, can, bottle or 
other package having the word “maple,” or a compound thereof, as 
the name or part of the name of the contents thereof or a device 
or illustration suggestive of maple syrup or sugar or the manufac- 
ture thereof, shall be fined not less than fifty dollars nor more than 
two hundred dollars. (97 v. 47.) 
Sec. 12766. (Package must bear label of packer.) Whoever 
offers for sale, has in his possession with intent to sell, sells or 
delivers as and for maple syrup or maple sugar, an article which does 
not bear the name and address of the packer and also the state, 
territory or country in which it was produced, in plain legible type 
upon the label, shall be fined not less than fifty dollars nor more than 
two hundred dollars. (97 v. 47.) 
Sec. 12774. (Vinegar.) Whoever manufactures for sale, sells, de- 
livers, offers or exposes for sale, or has in possession with intent 
to sell or deliver, vinegar not made in compliance with law, or con- 
tained in packages not branded in compliance with law, or violates 
any provision of law relating to vinegar, adulterated vinegar, or 
“fermented” or “distilled” vinegar, shall be fined not less than fifty 
dollars nor more than one hundred dollars or imprisoned not less than 
thirty days nor more than one hundred days, or both, and pay all 
necessary costs and expenses incurred in inspecting and analyzing- 
such vinegar. (93 v. 185.) 
Sec. 12775. (Unlabeled canned fruits and vegetables.) Whoever, 
being a packer or dealer in preserved or canned fruits, vegetables or 
other articles of food, offers them for sale unless they bear a mark to 
indicate the grade or quality, and the name and address of the person, 
firm or corporation packing or dealing therein, except such as are 
brought from foreign countries, shall be fined not less than fifty 
dollars if a vendor, nor more than one thousand dollars if a manu- 
facturer or packer. (82 v. 163.) 
Sec. 12776. (Falsely stamping fruit or vegetable packages.) 
Whoever falsely stamps or labels cans or jars containing preserved 
fruit, vegetables or other articles of food or knowingly permits such 321 
false stamping or labeling, shall be fined not less than five hundred 
dollars nor more than one thousand dollars; and whoever sells or 
ofifers to sell such cans or jars shall be fined not less than fifty dollars. 
(82 v. 163.) 
Sec. 12777. (Label of '‘soaked” goods.) Whoever manufactures, 
sells or ofifers to sell “soaked” good[s] or goods put up from products 
dried before canning, without plainly marking them with an adhesive 
label having on its face the word “soaked,” in letters not less in size 
than two line pica of solid and legible type, shall be fined not less than 
fifty dollars, if a vendor, and not less than five hundred dollars nor 
more than one thousand dollars, if a manufacturer or packer. (83 v. 
73-) 
Sec. 12778. (Board of health to prosecute under three preceding 
sections.) Every board of health shall prosecute a person, firm or 
corporation which it has reason to believe has violated any provision 
of the next three preceding sections; and, after deducting the costs 
of triql, retain the residue of fines recovered for the use of such 
board. (82 v. 163.) 
Sec. 12779. (Feeding unwholesome offal or flesh to swine, etc.) 
Whoever feeds to animals, used for human food, the flesh of an animal 
which has become old, decrepit, infirm or sick, or which has died from 
such cause, or offal or flesh that is putrid or unwholesome, shall be 
fined not less than fifty dollars nor more than two hundred dollars or 
imprisoned not more than thirty days, or both, and, for each sub- 
sequent offense, shall be fined not less than fifty dollars nor more 
than two hundred dollars or imprisoned not more than six months, 
or both. (R. S. Sec. 6928.) 
Sec. 12780. (Animals dying from contagious diseases.) Who- 
ever, being the owner of an animal dying of a contagious disease, 
within twenty-four hours after knowledge thereof or after notice in 
writing from the township trustees, fails to burn the body of such 
animal, or bury it not less than four feet below the surface of the 
ground or remove it in a water tight tank to a fertilizing establish- 
ment, shall be fined not less than five dollars nor more than twenty 
dollars and pay all necessary expenses incurred in disposing of such 
animals. (R. S. Sec. 6923a.) 
Sec. 12781. (Duty of township trustees.) In event of failure to 
comply with the next preceding section the township trustees shall 
have such body burned or buried and bring an action before a justice 
of the peace to recover fines, costs and expenses. (R. S. Sec. 6923a.) 
Sec. 12782. (Fish offal.) Whoever takes one or more barrels of fish from any of the waters of this state and fails to bury the offals 
thereof at least two and a half feet beneath the surface of the earth, 
or burn them, within one day after such fish are taken and cleaned, 
shall be fined not less than five dollars nor more than fifty dollars 
before any justice of the peace of the county in which the offense was 
committed. (R. S. Sec. 4307.) 
Sec. 12783. (Putting dead animals in canals.) Whoever wil- 
fully places, or causes to be placed, a dead animal in a canal or slack 
water pool belonging to the state, shall be fined not less than five 
dollars nor more than twenty dollars. Such offender may be prose- 
cuted before any justice of the peace in any county where he may 
be found. (38 v. 87.) 
Sec. 12784. (Jurisdiction of municipality to prevent water pol- 
lution.) Whoever pollutes a running stream, the water of which is 
used for domestic purposes by a municipality, by putting therein a 
putrid or offensive substance, injurious to health, shall be fined not 
less than five dollars nor more than five hundred dollars. The direc- 
tor of public service or board of trustees of public affairs of a munic- 
ipal corporation shall enforce the provisions of this section. The 
jurisdiction of a municipal corporation to prevent the pollution of its 
water supply and to provide penalty therefor, shall extend twenty 
miles beyond the cororation limits. (R. S. Sec. 2433.) 
Sec. 12785. (Exposure in public, having contagious disease; giv- 
ing or selling articles in charge of such person; penalty.) Whoever, 
while suffering from smallpox, cholera, plague, yellow fever, diph- 
theria, membranous croup, scarlet fever or other dangerous con- 
tagious disease, wilfully or unlawfully exposes himself in a street, 
shop, inn, theater or other public place or public conveyance, or, being 
in charge of a person so suffering, so exposes such sufferer, or gives, 
lends, sells, transmits or exposes without previous disinfection by 
the board of health bedding, clothing, rags, or other thing, which has 
been exposed to infection from such disease, or knowingly lets for 
hire a house, room or part of a house in which a person has been 
suffering from such disease, prior to the disinfection thereof by the 
board of health, shall be fined not more than one hundred dollars 
or imprisoned not more than ninety days, or both. (108 v. Pt. 1, 250.) 
Sec. 12786. (First offense.) A person violating the next preced- 
ing section shall not be imprisoned for the first offense, and the prose- 
cution shall always be as and for the first offense unless the affidavit 
on which it is instituted contains a contrary allegation. (95 v. 428.) 
Sec. 12787. (Failure to report infant with diseased eyes.) Who- 323 
ever, being a midwife, nurse or relative in charge of an infant less 
than ten clays old, fails within six hours after the appearance thereof, 
to report in writing to the physician in attendance upon the family, 
or if there be no such physician, to a health officer of the city, village 
or township in which such infant is living, or, in case there be no such 
officer, to a practitioner of medicine legally qualified to practice, that 
such infant’s eye is inflamed or swollen or shows an unnatural dis- 
charge, if that be the fact, shall be fined not less than five dollars 
nor more than one hundred dollars or imprisoned not less than thirty 
days nor more than six months, or both. (91 v. 75.) 
Sec. 12789. (Penalty for violating law relating to maternity 
boarding houses and lying-in hospitals.) Whoever violates any pro- 
visions of law relating to the establishment, maintenance and in- 
spection of maternity boarding houses and lying-in hospitals, shall be 
fined not more than three hundred dollars. (101 v, 122.) 
Sec. 12797. (Unsanitary bakery, creamery, dairy, packing house, 
etc.; penalty.) Whoever, being the proprietor, owner or manager of 
a bakery, confectionery, creamery, dairy, dairy barn, milk depot, 
laboratory, hotel, restaurant, eating house, packing house, slaughter 
house, ice cream factory, canning factory or place where a food 
product is manufactured, packed, stored, deposited, collected, pre- 
pared, produced or sold for any purpose, fails to place it in a clean 
and sanitary condition within ten days after being duly notified in 
writing or by posting the notice provided for in the next succeeding 
section, or fails to keep it in such condition thereafter, shall be fined 
not less than fifty dollars nor more than two hundred dollars, and, 
for each subsequent offense, shall be fined not less than one hundred 
dollars nor more than three hundred dollars or imprisoned in the 
county jail not less than thirty days nor more than one hundred days, 
or both. (107 v. 505.) 
Sec. 12798. (Posting notices by secretary of agriculture.) It 
shall be the duty of the inspectors of the secretary of agriculture of 
the state of Ohio to post in a conspicuous place in such of the places 
mentioned in the preceding section under their respective jurisdic- 
tions as directed by said secretary of agriculture a copy of the sani- 
tary code adopted by it printed in plain, legible type at any time 
after the taking effect of this act. Upon said notice shall be stamped 
or written the date of such posting and such inspector shall make a 
record of such date in a book provided for that purpose. A certified 
copy of the record of such posting shall be received as prima facie 
evidence of such fact in the trial of any cause in any court of this 
state. (107 v. 505.) 324 
Sec. 12798-6. (Unlawful to use burners giving off obnoxious 
gases, when; penalty.) Whoever uses or causes or permits to be 
used an open salamander or coke burner or other outfit or receptacle 
of any kind in which charcoal, coke, coal, or any other fuel or com- 
bustible substance is burned or in process of combustion so as to 
give ofif obnoxious gases or gases detrimental to health, in any en- 
closed residence or enclosed building under construction while a per- 
son or persons work or are employed therein without providing a 
proper pipe, chimney or enclosure to carry said gases from said open 
salamander, coke burner, outfit or receptacle to the outside of said 
enclosed building or residence, shall be guilty of a misdemeanor, and 
on conviction for the first ofifense shall be fined not more than one 
hundred dollars, and for a second or subsequent ofifense shall be fined 
not less than one hundred dollars nor more than two hundred dollars, 
and in each case he shall stand committed until such fine and the 
costs are paid or until he is otherwise discharged by due process of 
law. (108 v. Pt. 1, 419.) 
Sec. 12933. (Refusing to permit inspection of certain institu- 
tions.) Whoever refuses to permit, or interferes with the inspection 
of a public or private hospital, reformatory, house of detention, pri- 
vate asylum, or institution exercising or pretending to exercise a 
reformatory or correctional influence over its inmates, by the county 
commissioners of the county in which such institution is situated or 
the board of health of the municipality in which it is situated, shall 
be fined not less than twenty-five dollars or imprisoned for six 
months, or both, and for each subsequent ofifense shall be fined not 
less than one hundred dollars and imprisoned for six months. (92 v. 
212.) 
Sec. 12993. (Regulating the employment of minors in factories, 
etc.) Unless he either is employed in irregular service as defined by 
section 7765-2 (*), General Code, or is the holder of an age and school- 
ing certificate issued under section 7766-3 (**), section 7766-4 (***), 
or section 7766-9 (#), General Code, no child under sixteen years of 
age shall be employed, permitted or sufifered to work in or about any 
(1) mill, (2) factory, (3) workshop, (4) oil-well or pumping-station, 
(5) cannery or bottling or preserving establishment, (6) mercantile or 
mechanical establishment, (7) tenement house, (8) garment making 
or dress making or millinery establishment or working room, (9) 
store, (10) office, (11) office building, (12) laboratory, (13) restau- 
rant, (14) hotel, boarding house, or apartment house, (15) bakery, 
(16) barber shop, (17) bootblack stand or establishment, (18) public 
stable, (19) garage, (20) laundry, (21) place of amusement, (22) club. 325 
(23) or as a driver or chauffeur, (24) or in any coal yard or brick, 
lumber, or building material yard, (25) or in the construction or 
repair of buildings, (26) or in the transportation of merchandise; 
nor if a boy in the personal delivery of messages. No female under 
twenty-one years of age shall be employed in the personal delivery of 
messages.* 
No child under sixteen years of age shall be engaged in school 
and employed more than nine hours altogether in any one day and 
no child under fourteen years of age shall be employed more than 
four hours in any one day, (in v. 63.) 
(*) Section 7765-2 Repealed. See G. C. section 12993-3. 
(**) Section 7766-3 Repealed. See G. C. section 4851-5. 
(***) Section 7766-4 Repealed. See G. C. section 4851-2. 
(#) Section 7766-9 Repealed. See G. C. section 4851-4. 
* Provisions of last sentence of first paragraph suspended until April 1, 1945. 
See “Temporary Legislation,” S. B. 126 and S. B. 280. 
Sec. 12993-1. (Employment of child during school hours, un- 
lawful, when.) It shall be unlawful for any person, firm or corpora- 
tion to employ, permit, or suffer to work any child who is required 
by law to be in attendance at school in any business or occupation 
whatever during the hours when the public schools of the district in 
which the child resides, including the school or class to which the 
child is assigned, are in session. (109 v. 399.) 
Sec. 12993-2. (Age and school certificates required of minors.) 
Except as provided in section 12993-3 of the General Code, no minor 
of compulsory school age shall be employed or be in the employment 
of any person, firm or corporation in any of the occupations men- 
tioned in section 12993 of the General Code, unless such minor pre- 
sents to such person, firm or corporation, a proper age and schooling 
certificate, as a condition of employment. No minor of compulsory 
school age shall be employed or be in the employment of any person, 
firm or corporation in any other occupation during hours when the 
public schools of the district in which he resides are in session, unless 
such minor presents to such person, firm or corporation such age and 
schooling certificate as a condition of employment. Such employer 
shall keep the same on file in the establishment where such minor is 
employed or in the office of the business or in the residence in or 
about which such minor is employed for inspection by attendance 
officers, probation officers, the superintendent of schools, or inspec- 
tors or other employees of the industrial commission or the depart- 
ment of public welfare of Ohio, or representatives of the district 
board of health or state department of health. 
Such certificate or an over age certificate shall be conclusive 326 
evidence for such employer of the age of such minor and so long as 
in force of the employer’s right to employ such minor and the minor’s 
right to engage in such occupations as are not denied by law to minors 
of the age and sex stated in such certificate, except that a limited or 
special certificate is confined to particular employments. 
Notice to the school authorities that the child has left the employ 
of an employer shall render void from that date the age and schooling 
certificate filed with such employer, in so far as it shall permit the 
further employment of such child. (120 v. H. 217. Eff. September 
16, 1943.) 
Sec. 12993-3. (Employment in irregular service not forbidden.) 
Notwithstanding the provisions of sections 12993 and 12993-2 of the 
General Code, a child may be employed in irregular service not for- 
bidden by sections 13001, 13002 or 13003 of the General Code with- 
out holding an age and schooling certificate. 
Irregular service shall be interpreted to mean service not for- 
bidden by federal child labor laws which (a) does not involve con- 
finement, (b) does not require continuous physical strain, (c) is in- 
terrupted with rest or recreation periods and (d) does not require 
more than four hours of work in any day or twenty-four hours in 
any week. The health commissioner of the district in which employ- 
ment is afforded to any child shall determine whether the employ- 
ment involves confinement or requires continuous physical strain so 
that it cannot be deemed irregular service within the meaning of 
this section. (120 v. H. 217. Eff. September 16, 1943.) 
Sec. 13003. (Board shall determine whether particular employ- 
ment of minors shall be prohibited.) The state board of health may, 
from time to time, after a hearing duly had, determine whether or 
not any particular trade, process of manufacture or occupation in 
which the employment of children under the age of sixteen years is 
not already forbidden by law, or any particular method of carrying 
on such trade, process of manufacture or occupation, is sufficiently 
dangerous to the lives or limbs or injurious to the health or morals 
of children under sixteen years of age to justify their exclusion there- 
from. No child under sixteen years of age shall be employed, per- 
mitted or suffered to work in any occupation thus determined to be 
dangerous or injurious to such children. There shall be a right of 
appeal to the common pleas court from any such determination. (103 
v. 910.) 
Sec. 13007 4. (Board may determine whether employment of 
children shall be prohibited in certain occupations.) The state board 
of health may, from time to time, after hearing duly had, determine 327 
whether or not any particular trade, process of manufacture or occu- 
pation, in which the employment of children under eighteen years 
of age is not already forbidden by law, or any particular method of 
carrying' on such trade, process of manufacture or occupation, is 
sufficiently dangerous to the lives or limbs or injurious to the health 
or morals of children under eighteen years of age to justify their 
exclusion therefrom. 
No child under eighteen years of age shall be employed, permitted 
or suffered to work in any occupation thus determined to be dan- 
gerous or injurious to such children. There shall be a right of appeal 
to the common pleas court from any such determination. (103 v. 
911.) (*) 
(*) Provisions of this section suspended until April 1, 1945, See “Temporary 
Legislation,” S. B. 126 and S. B. 280. 
Sec. 13031. (Keeping house of ill-fame or harboring child 
therein; nuisance.) Whoever keeps a house or place of ill-fame or 
assignation for the purpose of prostitution or lewdness, or a house 
or place for persons to visit for unlawful sexual intercourse or for 
any other lewd, obscene or indecent purpose, or a disorderly house 
or place, or a place of public resort by which the peace, comfort or 
decency of a neighborhood is disturbed, or, as agent or owner, lets 
a place, building or portion thereof knowing that it is intended to be 
used for a purpose specified in this section, or, being the owner or 
agent, of such building or portion thereof, or the keeper of such house 
of ill-fame, prostitution or assignation where lewdness exists, keeps, 
harbors or employs a person over four and under sixteen years of 
age or allows such person to remain in or about such place of assig- 
nation or house of ill-fame, or knowingly permits a place, building 
or portion of a building to be so used, shall be fined not less than one 
hundred dollars nor more than three hundred dollars or imprisoned 
in the workhouse or jail not less than ninety days nor more than six 
months, or both. The houses, buildings, portions of buildings, and 
places mentioned in this section are public nuisances, and the court 
shall order them abated. (R, S. Sec. 7025.) 
Sec. 13031-1. (Pandering defined; penalty.) Any person who 
either by threats, or intimidation or by force or violence, or by any 
deception, device or scheme takes, places, or causes to be taken or 
placed any female into a house of ill-fame for the purpose of prosti- 
tution, or any person who by force, violence, threats, intimidation or 
deception, or menace or duress takes or detains a female unlawfully 
with the intent to compel her to marry him or marry any other per- 
son or to be defiled; or any person who, being parent, guardian or 328 
having legal charge of the person of a female, consents to her taking 
or detention by any person for the purpose of prostitution, shall be 
guilty of pandering, and upon conviction thereof shall be punished 
by imprisonment in the penitentiary for a term of not less than two, 
nor more than twelve years and by a fine not more than five thou- 
sand dollars ($5,000). (103 v. 188.) 
Sec. 13031-2. (Penalty). Any person who shall place any female 
in the charge or custody of any person or persons for immoral pur- 
poses or in a house of prostitution with the intent that she shall lead 
a life of prostitution, or any person who shall compel any female to 
reside with him or with any other person for immoral purposes, or 
for the purpose of prostitution, or compel her to live a life of prosti- 
tution, is guilty of pandering, and upon conviction thereof shall be 
punished by imprisonment in the penitentiary not less than one year 
nor more than ten years and by a fine not more than one thousand 
dollars. (103 v. 188.) 
Sec. 13031-3. (Penalty). Any person who shall receive any 
money or other valuable thing for, or on account of, procuring for, 
or placing in, a house of prostitution or elsewhere, any female for 
the purpose of causing her to cohabit with any male person or per- 
sons, shall be guilty of a felony and upon conviction thereof shall be 
imprisoned in the penitentiary not less than three years nor more 
than ten years and fined not more than one thousand dollars. (103 
v. 188.) 
Sec. 13031-4. (Penalty.) Any person who places or leaves, or 
procures any other person or persons to place or leave, his wife in 
a house of prostitution or procures her to lead a life of prostitution 
shall be guilty of a felony and upon conviction thereof shall be im- 
prisoned in the penitentiary not less than three years nor more than 
ten years and fined not more than one thousand dollars. (103 v. 189.) 
Sec. 13031-5. (Penalty.) Any person or persons who detains or 
attempts to detain any female in a disorderly house or house of pros- 
titution or keeps or detains the personal effects of any female in 
any such house, or fails upon demand to deliver to any female her 
personal effects situated in a disorderly house or house of prostitu- 
tion, shall be guilty of a felony and on conviction thereof shall be 
imprisoned in the penitentiary not less than three years nor more 
than ten years and fined not more than one thousand dollars. (103 
v. 189.) 
Sec. 13031-6. (“White slave” traffic; penalty for.) Any person 
who shall knowingly transport or cause to be transported, or aids or 329 
assists in obtaining transportation for, by any means of conveyance, 
through or across this state, any female with the intent or purpose 
to induce, entice, or compel such female to become a prostitute, or 
to reside in a disorderly house for the purpose of prostitution, shall 
be guilty of a felony and upon conviction thereof be imprisoned in 
the penitentiary not less than three years nor more than ten years. 
Any persons who shall commit the crime in this section mentioned 
may be prosecuted, indicted, tried and convicted in any county into 
or through which he shall have so transported any female as afore- 
said. (103 v. 189.) 
Sec. 13031-7. (Witness, competency of.) Any such female re- 
ferred to in this act shall be a competent witness in any prosecution 
under this act to testify to any and all matters, including conversa- 
tions with the accused or by him with third persons in her presence, 
notwithstanding her having married the accused either before or 
after the violation of any of the provisions of this act, whether called 
as a witness during the existence of the marriage or after its disso- 
lution. (101 v. 52.) 
Sec. 13031-8. (Search warrant.) Any court of competent juris- 
diction may, upon affidavit, issue a search warrant to the proper offi- 
cer, particularly describing the building or place to be searched, the 
person to be seized, and the things to be searched for, and alleging 
substantially the offense in relation thereto, for the purpose of secur- 
ing evidence, in any case of any suspected violation of this act. (101 
v. 52.) 
Sec. 13031-9. (Penalty.) Any person who by force, fraud, in- 
timidation or threats places, or leaves any female of previous chaste 
life and character in a house of prostitution or house of assignation, 
or to lead a life of prostitution, shall be guilty of a felony and upon 
conviction thereof shall be imprisoned in the penitentiary not less 
than one year nor more than ten years and fined not more than one 
thousand dollars, (103 v. 189.) 
Sec. 13031-10. (Search warrant to secure evidence.) Any court 
of competent jurisdiction may upon affidavit issue a search warrant 
for the purpose of securing documentary or other evidence of the 
violation of this act. (103 v. 189.) 
Sec. 13031-11. (Competent evidence.) Evidence as to the gen- 
eral reputation of a house as a house of prostitution or assignation 
shall be competent evidence to prove that it is such a house. (103 
v. 189.) 
Sec. 13031-12. (Unconstitutionality of sections.) The adjudica- 330 
tion by a court of competent jurisdiction of any section of this act 
or part thereof to be unconstitutional, shall not invalidate any other 
section or part thereof. (103 v. 189.) 
Sec. 13031-13. (Keeping, maintaining, occupying, permitting, 
etc., a place for prostitution, prohibited.) From and after the pas- 
sage of this act it shall be unlawful to keep, set up, maintain or 
operate any place, structure, building or conveyance for the purpose 
of prostitution, lewdness or assignation; or to occupy any place, 
structure, building or conveyance for the purpose of prostitution, 
lewdness or assignation or for any person to permit any place, struc- 
ture, building or conveyance owned by him or under his control to 
be used for the purpose of prostitution, lewdness or assignation, with 
knowledge or reasonable cause to know that the same is, or is to be, 
used for such purpose; or to receive or to offer or agree to receive 
any person into any place, structure, building or conveyance for the 
purpose of prostitution, lewdness or assignation or to permit any 
person to remain there for such purpose; or to direct, take or trans- 
port, or to offer or agree to take or transport, any person to any 
place, structure or building or to any other person with knowledge 
or reasonable cause to know that the purpose of such directing, 
taking or transporting is prostitution, lewdness or assignation; or 
to procure or to solicit or to offer to procure or solicit for the pur- 
pose of prostitution, lewdness or assignation; or to reside in, enter 
or remain in any place, structure or building, or to enter or remain 
in any conveyance, for the purpose of prostitution, lewdness or as- 
signation ; or to engage in prostitution, lewdness or assignation or 
to aid or abet prostitution, lewdness or assignation by any means 
whatsoever. (108 v. Pt. 1, 730.) 
Sec. 13031-14. (Terms “prostitution,” “lewdness” and “assigna- 
tion” defined.) The term “prostitution” shall be construed to in- 
clude the offering or receiving of the body for sexual intercourse for 
hire, and, shall also be construed to include the offering or receiving 
of the body for indiscriminate sexual intercourse without hire. The 
term “lewdness” shall be construed to include any indecent or ob- 
scene act. The term “assignation” shall be construed to include the 
making of any appointment or engagement for prostitution or lewd- 
ness or any act in furtherance of such appointment or engagement. 
(108 v. Pt. 1, 731.) 
Sec. 13031-15. (Prior conviction and testimony admissible evi- 
dence.) In the trial of any person, charged with a violation of any 
of the provisions of section 13031-13 of the General Code, testimony 
of a prior conviction, or testimony concerning the reputation of any 331 
place, structure or building and of the person or persons who reside 
in or frequent the same and of the defendant shall be admissible in 
evidence in support of the charge. (108 v. Pt. i, 731.) 
Sec. 13031-16. (First and second degree guilt, defined.) Who- 
ever shall be found to have committed two or more violations of any 
of the provisions of section 13031-13 of the General Code within a 
period of one year next preceding the date named in an indictment, 
information or charge of violating any of the provisions of section 
13031-13 of the General Code, shall be deemed guilty in the first de- 
gree. Whoever shall be found to have committed a single violation 
of any of the provisions of this act shall be deemed guilty in the 
second degree. (108 v. Pt, 1, 731.) 
Sec. 13031-17. (a) (Penalty for guilt in first degree.) 
Whoever shall be found guilty in the first degree, as set forth in 
section 13031-16, shall be subject to imprisonment in, or commitment 
to, any state penal or reformatory institution for not less than one 
nor more than three years; provided, that in case of a commitment 
to a reformatory institution the commitment shall be made for an 
indeterminate period of time of not less than one nor more than 
three years in duration, and the pardon and parole commission shall 
have authority to discharge or to place on parole any person so 
committed after the service of the minimum term, or any part 
thereof, and to require the return to the said institution for the 
balance of the maximum term of any person who shall violate the 
terms or conditions of the parole. 
(b) (Penalty for guilt in second degree.) 
Whoever shall be found guilty in the second degree, as set forth 
in section 13031-16, shall be subject to imprisonment for not more 
than one year; provided, that the sentence imposed, or any part 
thereof, may be suspended, and provided further that the defendant 
may be placed on probation in the care of a probation officer desig- 
nated by law or theretofore appointed by the court upon the recom- 
mendation of five responsible citizens. 
(c) (Medical examination required, when; treatment.) 
Any person charged with a violation of section 13031-13 of the 
General Code, shall, upon the order of the court having jurisdiction 
of such case, be subjected to examination to determine if such person 
is infected with a venereal disease. Such examination shall be made 
by the physician employed to render medical service to persons con- 
fined or detained by the municipality or county, or by some physician 
designated by the court or by the board of health to make such exami- 332 
nation. Any such person found to have a venereal disease in the 
infective stage shall receive medical treatment therefor and shall pay 
for such treatment if able to do so. If not able to pay, such medical 
treatment shall be at the expense of the municipality or county. No 
person charged with a violation of section 13031-13 of the General 
Code shall be discharged from custody, paroled or placed on proba- 
tion if he or she has a venereal disease in an infective stage unless 
the court having jurisdiction shall be assured that such person will 
continue medical treatment until cured or rendered non-infectious. 
(d) (Woman probation officer.) 
No girl or woman who shall be convicted under this act shall be 
placed on probation or on parole in the care or charge of any person 
except a woman probation officer. (118 v. 301.) 
Sec. 13031-18. (Any provision held void shall not affect others.) 
The declaration by the courts of any of the provisions of this act as 
being in violation of the constitution of this state shall not invalidate 
the remaining provisions. (108 v. Pt. 1, 732.) 
Sec. 13364. (Selling diseased animals, allowing them at large or 
with other animals.) Whoever, being the owner or having charge 
of a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, 
heifer, or an ass, ox, or swine, knowing it to have an infectious or 
contagious disease, other than foot-rot or scab in sheep, or to have 
been recently exposed thereto, sells, barters or disposes of it without 
first disclosing to the person to whom it was sold, bartered or dis- 
posed of that it is so diseased or has been so exposed, or knowingly 
permits it to run at large, or, knowing such animal to be so diseased, 
permits it to come in contact with such animal of another without 
his knowledge or permission, shall be fined not less than twenty 
dollars nor more than five hundred dollars or imprisoned not more 
than thirty days, or both. (R. S. Sec. 6855.) 
Sec. 13365. (Selling or permitting diseased sheep at large.) 
Whoever, owning or having charge of a sheep afifected with foot-rot 
or scab, permits it to run upon a highway, common or uninclosed 
ground or sells it, having reason to believe it is so diseased, without 
disclosing the fact to the purchaser, shall be fined not more than one 
hundred dollars and be liable for all damages sustained thereby, (85 
v. 336.) 
Sec. 13373. (Transporting a hog with cholera.) Whoever trans- 
ports a hog- within this state, infected with cholera, shall be fined 
not more than five hundred dollars or imprisoned in jail not more 
than six months, or both, and be liable for all damages resulting from 333 
such disease thereby. This section shall not affect common carriers 
or their employes. (92 v. 388.) 
Sec. 13374. (Importing cattle with “Spanish fever.”) Whoever, 
except common carriers not the owners of cattle transported by them, 
brings into this state cattle infected with the disease commonly 
known as the “Texas fever” or “Spanish fever” or cattle liable to 
infect others therewith, shall be fined not less than fifty dollars nor 
more than five hundred dollars. (R. S. Sec. 7003.) 
Sec. 13376. (Failure to treat animals properly; penalty; dispo- 
sition of fines.) Whoever overworks, overdrives, overloads, tortures, 
deprives of necessary sustenance, unnecessarily or cruelly beats, need- 
lessly mutilates or kills, or impounds or confines an animal and fails 
to supply it during such confinement with a sufficient quantity of 
good, wholesome food and water, or carries or conveys it in a cruel 
or inhuman manner or keeps cows or other animals in an enclosure 
without wholesome exercise and change of air, or feeds cows on food 
that produces impure or unwholesome milk, or abandons to die an 
old, maimed, sick, infirm or diseased animal or works it, or being a 
person or corporation engaged in transporting live stock, detains such 
stock in railroad cars or compartments longer than twenty-eight 
hours after they are so placed without supplying them with necessary 
food, water and attention, or permits such stock to be so crowded 
as to overlie, crush, wound or kill each other, shall be fined not less 
than two dollars nor more than two hundred dollars for the first 
ofifense, and for each subsequent ofifense such person shall be fined 
not less than ten dollars nor more than two hundred dollars or im- 
prisoned not more than sixty days or both. Provided, that upon the 
written request of the owner or person in custody of any particular 
shipment of live stock, which written request shall be separate and 
apart from any printed bill of lading or other railroad form, the 
length of time in which such live stock may be detained in any cars 
or compartments without food, water and attention, may be extended 
to thirty-six hours without penalty therefor. Nothing herein shall 
prevent the dehorning of cattle. All fines collected for violations of 
this section shall be paid to the society or association for the pre- 
vention of cruelty to animals, if there be such in the county, town- 
ship, village or city where such violation occurred. (109 v. 152.) 
Sec. f3391-1. (Mutilation or destruction of a dead human body.) 
Any person, not being lawfully authorized so to do, who shall muti- 
late or destroy any portion of the dead body of any person shall be 
guilty of a felony, punishable by imprisonment in the state peniten- 
tiary not more than ten years, or by fine of not more than ten thou- 
sand dollars. (120 v. S. 46. Efif. July 26, 1943.) TEMPORARY LEGISLATION 
SUBMISSION OF QUESTION OF ADDITIONAL TAX LEVY 
(Am. S. B. No. 69) 
AN ACT: To provide for submitting the question of levying 
additional taxes to the electors of a subdivision at a special or primary 
election in the years 1943 and 1944, to authorize the making of such 
levy, and to declare an emergency. 
Be it enacted by the General Assembly of the State of Ohio: 
Section I. (Submission of question of additional tax levy; special 
election; procedure; anticipation notes; definitions.) At any time 
prior to the thirty-first day of December, 1944, the taxing authority 
of any subdivision, by a vote of two-thirds of all its members, may 
declare by resolution that the amount of taxes which may be raised 
within the ten mill limitation by levies on the current tax duplicate 
will be insufficient to provide an adequate amount for the necessary 
requirements of the subdivision, and that it is necessary to levy a 
tax in excess of such limitation for any of the purposes in section 
5625-15 of the General Code, or to supplement general fund appro- 
priations for one or more of the following purposes: relief, welfare, 
hospitalization, health, and support of general or tuberculosis hos- 
pitals, and that the question of such additional tax levy shall be sub- 
mitted to the electors of the subdivision at a special or primary 
election to be held at a time therein specified, however no more than 
one such special election shall be held in any one year. Such reso- 
lution shall conform to the requirements of section 5625-15 of the 
General Code, excepting that such levy may not be for a longer 
period than two years and such resolution shall specify the date of 
holding such special or primary election, which shall not be earlier 
than twenty-five days after the adoption and certification of such 
resolution nor later than one hundred and twenty days thereafter. 
Said resolution shall go into immediate effect upon its passage and 
no publication of the same shall be necessary other than that pro- 
vided for in the notice of election. A copy of such resolution shall, 
immediately after its passage, be certified to the board of elections 
of the proper county or counties in the manner provided by section 
5625-17 of the General Code, and the provisions of said section shall 
govern the arrangements for the submission of such question and 335 
other matters and things with respect to such election, to which said 
section 5625-17 of the General Code refers, excepting that such elec- 
tion shall be held on the date specified in the resolution, provided, 
however, that no special election shall be held during the ten days 
preceding Easter Sunday, Thanksgiving day or Christmas day in any 
year. Publication of notice of such election shall be required to be 
made in one or more newspapers of general circulation in the county 
once a week for four consecutive weeks. If the majority of the elec- 
tors voting on the question so submitted vote in favor of such levy, 
in case such levy is for school district purposes, or if sixty-five per 
centum of the electors voting on a proposal submitted by any other 
subdivision vote in favor thereof, the taxing authority of the sub- 
division may forthwith make the necessary levy within such sub- 
division at the additional rate or at any lesser rate outside the ten 
mill limitation on the tax list for the purpose stated in the resolution, 
and in such event the levy shall be certified in the manner provided 
by section 5625-17a of the General Code, and may be extended on the 
current tax list duplicate for collection, with the taxes for the first 
half or the second half of the fiscal year in which it was voted, or 
both, and in all years after the first year the tax levy shall be included 
in the annual tax budget that is certified to the county budget com- 
mission. 
After the approval of such levy vote and in the fiscal year prior 
to that for which the first tax collection from such levy can be made, 
the taxing authority of the subdivision may anticipate a fraction of 
the proceeds of such levy and issue anticipation notes in an amount 
not more than 90 percent of the total estimated proceeds of the levy 
throughout its life. 
Such notes shall be sold as provided in the uniform bond act. In 
case such anticipation notes are issued, they shall mature serially 
and in substantially equal amounts during each year of the life of 
the levy; and if such notes have been issued, the amount necessary 
to pay the interest and principal as they mature shall be deemed 
appropriated for such purposes from such levy and appropriations 
from such levy by the taxing authority shall be limited each year 
to the balance available in excess of such amount. 
All provisions of the General Code in so far as they conflict with 
the provisions of this act are suspended for the period ending De- 
cember 31, 1944, otherwise they shall in no manner be impaired by 
the passage of this act. 
The terms “taxing authority” and “subdivision” shall have the 
meanings assigned to them respectively by section 5625-1 of the 
General Code. 336 
Section 2. This act is hereby declared to be an emergency meas- 
ure necessary for the immediate preservation of the public peace, 
health and safety. The reason for such necessity lies in the fact 
that it is necessary that opportunity be afforded the political sub- 
divisions of this state to submit questions of levying additional taxes 
at special elections to be held in 1943 and 1944. Therefore this act 
shall go into immediate effect. 
(Not of a general and permanent nature. Effective April 2, 1943.) 
EMPLOYMENT OF FEMALES AND MINORS 
(Am. Sub. S. B. No. 126) 
AN ACT: To regulate the hours of employment and the occu- 
pations of females and minors in time of war, and to declare an 
emergency. 
Be it enacted by the General Assembly of the State of Ohio: 
Section i. (Prohibited occupations for women.) The provisions of 
sections 1008-1, 1008-2, ioo8-2a, 1008-3, the last sentence of sub- 
section 15 of section 1027, the last sentence of the first paragraph of 
section 12993, sections 12996, 12996-1, 13005, 13007-3 and 13007-4 of 
the General Code shall not apply to the employment of females and 
minors for the period during which the provisions of the following 
sections shall be in effect. 
Section 2. The employment of females in the following occupa- 
tions or capacities is hereby prohibited, to-wit: as metal moulder, 
bell hop, as workers in mines, quarries, except in the offices thereof, 
poolrooms, barrooms and saloons or public drinking places which 
cater to male customers exclusively, or in employments requiring 
frequent or repeated lifting of weights over thirty-five pounds, or 
in the personal delivery of messages if the female is under eighteen 
years of age. 
Section 3. Except as hereinafter provided, no employer shall em- 
ploy a female for more than fifty hours in any one week or ten 
hours in any one day, or on more than six days in any week, 
A female may be employed in more than one place of employ- 
ment provided the aggregate number of hours such female is em- 
ployed does not exceed fifty hours in any one week or ten hours in 
any one day, or on more than six days in any week. 
Nothing in this act or in any provision of the act of April 28, 
1937, vol. 117 Ohio laws, page 539 shall apply to the employment of 
females in agricultural field occupations or in domestic service in 337 
private homes or to the employment of females by a communications 
company, or railroads as defined in section 501 of the General Code, 
during the periods of emergency caused by fire, flood, war, epidemic, 
or other public disaster or to the work of females over twenty-one 
years of age earning at least thirty-five dollars a week in bona fide 
executive positions, where real supervision and managerial authority 
are exercised with duties and discretion entirely different from that 
of regular salaried employees or to the employment of women in 
the professions of medicine, pharmacy, law, teaching and social work 
or to the employment of females over twenty-one years of age in 
mercantile establishments and communications companies except in 
cities of 5000 population and over; or to the work of professional 
employees in hospitals, such as graduate and student nurses, anes- 
thetists, technicians, graduate and student dietitians and internes; 
provided, however, that no restrictions as to hours of labor of persons 
sixteen years of age or over shall apply to canneries or establish- 
ments engaged in preparing for use, agricultural or horticultural 
perishable foods during the growers’ harvest season when they are 
engaged in canning or preserving the farmers’ perishable products. 
No employer engaged in the furnishing of goods or services to 
the United States or any instrumentality thereof, or to any contractor 
or subcontractor so engaged shall employ any female in excess of 
fifty hours in any one week, or ten hours in any one day, or on more 
than six days in -any week, unless, and then to the extent only, that 
such excess hours may be necessary to meet production schedules,, 
orders or requirements, the failure to meet which would hinder or 
obstruct the war effort; and every such employer shall report to the 
director of industrial relations the facts respecting such excess hours 
within forty-eight hours thereafter; in case of continuing operation 
for excess hours such further reports shall be made as the director 
of industrial relations shall prescribe. If, in the opinion of the direc- 
tor of industrial relations the continuation of employment of such 
females during such excess hours is unnecessary or is injurious to 
the health of such females, he shall forthwith certify the facts and 
his conclusions to the director of health. The director of industrial 
relations shall keep a complete record of all notices received here- 
under and all cases certified by him to the director of health, which 
record shall be a public record. 
If the director of health shall find that the continuation of em- 
ployment of such females during such excess hours is unnecessary 
or is injurious to the health of such females he shall order such em- 
ployer to discontinue such employment in excess, of the maximum 
hours permitted hereunder or make such other less restrictive order with respect to the time during which such females may be employed, 
as said director of health shall deem appropriate in the circumstances. 
Within ten days after receipt of a certified copy of such order any 
person afifected thereby may appeal on questions of law and fact to 
the common pleas court of the county wherein the place of employ- 
ment is located. Such appeals shall be advanced for trial and heard 
at the earliest possible date. Pending the determination of said 
appeal, said order shall remain in full force and efifect. No employer 
may employ a female in violation of the final order in such proceed- 
ing. The director of health shall keep a record of all actions taken 
by him hereunder which shall be a public record. 
No employer shall employ a female for a period of more than 
five hours of continuous labor unless such period is broken by a meal 
period of at least one-half hour, and for the purpose of this section 
no period of less than thirty minutes shall be deemed to interrupt 
a continuous period of work, provided, however, that in the case of 
a female employed by a public transportation company to operate 
street cars, trackless trolleys or motor coaches or in the case of a 
female employed by a glass manufacturing company such meal period 
shall be of at least twelve minutes and such period of at least twelve 
minutes shall be deemed to interrupt any continuous period of work; 
provided further, that any female exclusively employed in any estab- 
lishment commonly and commercially known as a gasoline service 
station, the majority in volume and amount of whose transactions 
shall consist of retail sales of petroleum products and automobile 
accessories and the servicing of motor vehicles, may be continuously 
employed for the daily maximum number of hours permitted under 
this act without interruption for a meal period. 
Notwithstanding the provisions of this section, a female em- 
ployed by a communications company may be employed more than 
six days in any period of seven consecutive days but not more than 
six days in any week. 
Section 4. The provisions of section 3 of this act shall not apply 
to the employment of females by financial institutions as defined by 
section 5407 of the General Code, including federal reserve banks 
and home loan banks, during any period of the year that such em- 
ployers are required to prepare and make a report or reports of their 
financial conditions to any state department, or to the federal gov- 
ernment, or any division, bureau or commission thereof as provided 
by law. Provided, however, that in such business establishments, 
during such period or periods females shall not be employed more 
than six days nor more than fifty hours in any one week. 339 
The provisions of this section shall apply only during such periods 
of time that an extraordinary condition exists, which said condition 
is caused by the preparation of reports to any state department or 
to the federal government, or any division, bureau or commission 
thereof as provided by law, provided further that the provisions 
hereof shall apply only to those employees who are actually engaged 
in making out such reports. 
No employer shall employ a female for a period of more than 
six hours of continuous labor unless such period is broken by a meal 
period of at least one-half hour and for the purpose of this section 
no period of less than thirty minutes shall be deemed to interrupt a 
continuous period of work. 
It is further provided that the requirement of section 1008 as 
to a one-hour lunch period shall not apply to female employees of 
financial institutions as enumerated in this section. 
Section 5. Whenever used in this act; 
(a) “Employ” includes permit or suffer to work. 
(b) “Employer” includes every person, firm, corporation, part- 
nership, stock association, agent, manager, representative, or fore- 
man, or other person having control or custody of any employment, 
place of employment or of any employee. 
. (c) “Day” includes a calendar day from midnight to midnight; 
provided, however, that anything in this section or section 3 of this 
act to the contrary, at least nine hours must elapse between the end 
of one day’s work and the beginning of the next day’s work, except 
that when the total hours of work during any forty-eight hour period 
does not exceed sixteen hours, then at least eight hours must elapse 
between the end of one day’s work and the beginning of the next 
day’s work; provided that except as otherwise provided in section 3 
the work during any one day does not exceed ten hours and the work 
during any one calendar week does not exceed fifty hours. 
Section 6. No minor under the age of sixteen years shall be 
employed, permitted or suffered to work in, about or in connection 
with any establishment or occupation named in section 12993 (1) 
for more than six days in any one week, (2) nor more than forty-eight 
hours in any one week, (3) nor more than eight hours in any one 
day, (4) or before the hour of seven o’clock in the morning or after 
the hour of six o’clock in the evening. No female under the age of 
eighteen years shall be employed in any such establishment or occupa- 
tion before the hour of six A. M. or after the hour of 11 P. M. The 
presence of such minor in any establishment during working hours 
shall be prima facie evidence of his employment therein. In estimat- 340 
ing such periods the time spent at different employments or under 
different employers shall be considered as a whole and not separately. 
Section 7. No person having charge or management of a tele- 
phone, telegraph or messenger office or company shall employ a boy 
under the age of sixteen years to work as a messenger in connection 
with such office or company before the hour of six o’clock in the 
morning or after the hour of nine o’clock in the evening of any day. 
Section 8. Amended. See Am. S. B. No. 280. 
Section 9. The director of health may, from time to time, after 
hearing duly had, determine whether or not any particular trade, 
process of manufacture or occupation, in which the employment of 
females, or of minors under eighteen years of age, is not already 
forbidden by law, or any particular method of carrying on such trade, 
process of manufacture or occupation is sufficiently dangerous to the 
lives or limbs or injurious to the health or morals of females, or of 
minors under eighteen years of age, to justify their exclusion there- 
from. 
No female, or minor under eighteen years of age, shall be em- 
ployed, permitted or suffered to work in any occupation thus deter- 
mined to be dangerous or injurious to such females or minors. There 
shall be a right of appeal to the common pleas court from any such 
determination. 
Section 10. Employment of females or minors in violation of 
any of the provisions of this act shall be punished as provided in 
section ion of the General Code. All prosecutions hereunder shall 
be commenced upon affidavit of the director of industrial relations. 
Section n. The provisions of this act shall cease to be in effect 
and shall terminate on the first day of April, 1945, or on such earlier 
date as the governor shall by proclamation determine to be the end 
of the emergency created by the present war. 
Section 12. This act is hereby declared to be an emergency 
measure necessary for the immediate preservation of the public peace, 
health and safety of the inhabitants of the state of Ohio. The reason 
for this emergency is that this legislation is necessary for the effec- 
tive prosecution of the war. Therefore this act shall go into imme- 
diate effect. 
(Not of a general and permanent nature. Eff. May 14, 1943.) EMPLOYMENT OF FEMALES AND MINORS 
(Am. S. B. No. 280) 
AN ACT: To amend section 8 of Am. Sub. S. B. No. 126, passed 
May 12, 1943, approved May 15, 1943, and filed in the office of the 
secretary of state May 15, 1943, relative to the employment of 
females and minors, and to declare an emergency. 
Be it enacted by the General Assembly of the State of Ohio: 
Section 1. That section 8 of Am. Sub. S. B. No. 126, passed May 
12, 1943, approved May 15, 1943, and filed in the office of the secretary 
of state May 15, 1943, be amended to read as follows: 
Section 8. No child under the age of eighteen years shall be em- 
ployed, permitted or suffered to work (1) in, about or in connection 
with blast furnaces, docks, or wharves; (2) in the outside erection 
and repair of electric wires ; (3) in the running or management of 
elevators, lifts or hoisting machines or dynamos; (4) in oiling or 
cleaning machinery in motion; (5) in the operation of emory wheels 
or any abrasive, polishing or buffing wheel where articles of the 
baser metals or iridium are manufactured; (6) at switch tending; 
(7) gate tending; (8) track repairing; (9) or as brakemen, firemen, 
engineers, motormen or conductors upon railroads; (10) or as rail- 
road telegraph operators; (n) as pilots, firemen or engineers upon 
boats and vessels; (12) or in or about establishments wherein nitro- 
glycerine, dynamite, dualin, guncotton, gunpowder, or other high or 
dangerous explosives are manufactured, compounded or stored; (13) 
or in the manufacture of white or yellow phosphorus or phosphorous 
matches; (14) or in any distillery, brewery, or any other establish- 
ment where malt or alcoholic liquors are manufactured, packed, 
wrapped or bottled; (15) or in any hotel, theatre, concert hall, place of 
amusement, or other establishment where intoxicating liquors are 
sold for consumption on the premises, or where sale of intoxicating 
liquors is the primary business (this provision 15 shall be carried out 
in conformity with section 6064-22 of the General Code); (16) nor 
any child under the age of sixteen years in any theatre or other place 
of amusement except on the stage thereof when not otherwise pro- 
hibited by law. 
Section 2. That existing section 8 of Am. Sub. S. B. No. 126, 
passed May 12, 1943, approved May 15, 1943* filed in tl16 °ffice °f 
the secretary of state May 15, 1943, is hereby repealed. 
Section 3. This act is hereby declared to be an emergency meas- 
ure necessary for the immediate preservation of the public peace, 
health and safety. The reason for such necessity lies in the fact 342 
that this legislation is necessary for the correction of an omisson in 
Am. Sub. S. B. No. 126, passed May 12, 1943, approved May 15, 1943, 
and filed in the office of the secretary of state May 15, 1943. There- 
fore this act shall go into immediate effect. 
(Not of a general and permanent nature. Eff. June 8, 1943.) INDEX 
Part I 
GENERAL CODE SECTIONS 
(References are to Section numbers) 
Abatement—See “Nuisance” 
Adhesive Stamps 
For bedding tags and labels 1038-27 
Adjutant-General 
Information concerning deceased veterans 1261-50 
Administrative Code 
Definition of terms 154-2 
Department created 154-3 
Powers of governor 154-1 
Administrative Procedure Act 
Adoption of rules by state agencies 154-68 
Appeal on denial or revocation of license 154-73 
Appeal to common pleas court 154-72 
Attorney-general to represent state agencies 154-71 
Definitions 154-62 
Effective date of rules 154-64 
Emergency rules 154-64 
Examination, admission to 154-67 
Hearings, how conducted 154-70 
License, issuance, renewal or denial of 154-67 
Provisions of, applies to bedding law 1038-35 
Publication of laws and rules 154-66 
Revocation of barbers license 1081-21 
Revocation of beauty shop license 1082-20 
Validity of rules 154-65 
Adoption 
Appointment of next friend 10512-12 
Certification of birth issued 1261-55 
Content of petition 10512-11 
Consents required 10512-14 
Decree of, filed with department of health 1261-55 
Definition of code terms 10512-9 
Disposition of child, if petition dismissed 10512-21 
Examination of petitioner 10512-18 
Final decree 10512-20 
Hearing of petition 10512-12 
Interlocutory order 10512-18 
Investigation by next friend 10512-13 344 
ADOPTION—Continued. 
Legal rights of adopted child and adopting parents .10512-23 
Notice to parent required ; 10512-15 
Original birth certficate, not public record 1261-55 
Petition for leave to adopt 10512-10 
Placement in foster home 10512-16 
Readoption procedure 10512-17 
Record of proceedings in probate court 10512-22 
Revocation of interlocutory order 10512-20 
Visits and report by next friend 10512-19 
Advisory Boards 
Directors of departments may appoint . 154-15 
Age and Schooling Certificate—See “Schools” 
Agency 
Attorney-general to represent 154-71 
Definition of 154-62 
Effect of appeal 154-72 
Examinations, admission to 154-67 
Hearings, notice of 154-68 
May administer oath or affirmation 154-70 
May appoint referee or examiner 154-70 
Order, how served 154-70 
Order may be appealed 154-72 
Rules may be appealed 154-72 
Agreements 
For poor relief 3391-1 
Animals 
Appraisal of infected 1114 
Certificate to practice veterinary medicine 1177-16e 
Contagious or infectious disease to be reported 1112 
Dead 
License to dispose of .1177-60 
Revocation of license to dispose of 1177-74 
Transportation of 1177-67 
Who engaged in business of disposal 1177-61 
Depositing dead, upon land or in water; penalty 12649 
Disposal of, dead from contagious disease; penalty 12780 
Disposition of infected 1114 
Dogs 
Animal shelter 5652-8 
Appointment of dog warden 5652-7 
Care of impounded 5652-8 
Certificate and tag valid during year of issue 5652-5 
Claims for loss of animals 5840 et seq 
Confinement of females 5652-I4a 
Costs, assessed against owner 5652-10 
Definition of “kennel” 5652-la 
Disposal of 5652-9 
Disposition of surplus dog and kennel fund 5653 
Dog and kennel fund 5652-12, 5652-13 
Duties of dog warden and deputies 5652-7 
Duty of county auditor 5652-3 345 
ANIMALS; DOGS—Continued. 
Fees for registration 5652 
Housing and feeding 5652-9 
Humane society may provide animal shelter 5652-8 
Impounding 5652-7 
Increase of license fees 5652-7a 
Loss or injury to animals by 5840 
Metal tags to be issued and worn 5652-4, '5652-6 
Owner liable for damages 5888 
Owner to make application for registration 5652-2 
Penalty for failure of dog warden to perform duties 5652-14b 
Penalty for failure to file application 5652-14 
Penalty for not registering 5652 
Penalty for stealing registered 5652-7 
Penalty for wearing fictitious or altered tag 5652-15 
Proof of loss required 5841 
Quarantine for rabies 3652-16 
Redeeming 5652-11 
Registration of.. 5652 
Registration of kennel 5652-1 
Reimbursement of person injured by rabid dog 5851 
Transfer of ownership certificate 5652-7c 
When considered property 5837 
When may be declared a nuisance 5839 
When may be killed 5838 
Expense of quarantine, how paid 1113 
Failure to treat properly; penalty 13376 
Feeding unwholesome offal or flesh to; penalty 12779 
Importing cattle with Spanish fever; penalty 13374 
Inspection and treatment, in stockyards 1177-77 
Municipal corporation may impound 3633 
Permitting diseased, to run at large ; penalty 13364 
Permitting sheep with foot-rot to run at large; penalty 13365 
Preparation of carcass for storage 1155-10 
Putting dead, in canal; penalty 12783 
Quarantine of diseased 1112 
Selling diseased carcass of; penalty 13364 
Stockyard sanitation 1177-76 
Township trustees to dispose of, dead from contagious disease 12781 
Transporting hog with cholera; penalty 13373 
Transportation of sick or dead 1177-07 
Annual Report 
Director of health to make and distribute 1236-1 
Anthrax 
Description of, as occupational disease 1465-68a 
Antitoxin 
Diphtheria, shall be provided 1261-29 
Apartment Houses 
Licensed on request 843-3 
Appeal 
Definition of 154-62 
Denial or revocation of license 154-73 346 
APPEAL—Continued. 
Orders of director of health 1258-3 
Orders of state agencies may be appealed 154-72 
Procedure, from orders of director of health 1257 
Rules of state agencies may be appealed 154-72 
Appraisers 
Infected animals 1114 
Appropriation of Property 
Authority of municipal corporation; purposes 3677 
Municipalities may appropriate land outside 3678 
Procedure by municipal corporation... 3679 
Arsenic Poisoning 
Description of, as occupational disease 1465-68a 
Assessments 
Special, in municipalities 3812 
Assignation—See also “Nuisance”; “Prostitution” 
Abatement and injunction, as related to place of 6212 et seq 
Place where conducted, defined as a nuisance 6212-1 
Assignation House 
License not to be issued to hotel used as 843-3 
Assistant Director 
Appointment of 154-7 
Duties of 154-8 
Office created 154-5 
Asylums 
Inspection by department of industrial relations 1031 
Attorney-General 
.Action to abate certain nuisances 6212-3 
Member, retirement board 486-34 
Prosecution of actions for industrial commission 1465-100 
To represent state agencies 154-71 
Auctioneering 
Municipal corporation may regulate 3634 
Auditor of State 
Member, retirement board 486-34 
Bakery 
Definition of 1090-22 
Employment of person with communicable disease, prohibited 1090-28 
Height, sidewalls, etc 1014 
Ingredients, to be labeled 1090-34 
Insanitary condition in; penalty 12797 
May be located in basement 1012 
Physical examination of employes 1090-29 
Plumbing and ventilation of 1012 
Protection against contamination of products 1090-32 
Room for wearing apparel 1090-25 
Rooms to be painted 1014 
Sanitation of 1014, 1090-30 
Show cases 1090-31 
Sitting on tables, etc., prohibited 1090-27 
Sleeping places, prohibited 1016 
Specifications for construction 1090-24 347 
BAKERY—Continued. 
Standards prescribed 1090-23 
Storage of manufactured products 1013 
Storing and handling of products 1090-33 
Washing of hands, etc., required 1090-27 
Wash room apart from 1013 
Barber Shop 
Unlawful practices in 1081-21 
Baths 
Council may maintain and operate public 4065-1 
Municipal corporation may provide and regulate 3648 
Beauty Shop 
Revocation of license 1082-20 
Bed 
Prohibited in cook room of hotel or restaurant 843-14 
Bedding—See also “Bedding Advisory Board” 
Adhesive stamps for sale by department of industrial 
relations 1038-27 
Adhesive stamps to be attached to 1038-27 
Administration of law 1038-27 
Administrative procedure act applies 1038-35 
Advisory board created 1038-31 
Advisory board selects laboratories 1038-29 
Application for registration 1038-27 
Communicable disease 1038-32 
Constitutionality 1038-38 
Definition of terms 1038-25 
Effective date of law 1038-36 
Excess funds, transferred to general revenue fund 1038-27 
Fees and charges for laboratory service 1038-29 
Fumigation of, in hotels and rooming houses 843-13 
Information on tag or label 1038-26 
In hotels 843-11 
Inspectors 
Appointment of 1038-28 
Duties of 1038-28 
Qualifications of 1038-28 
Reports 1038-28 
Salaries of 1038-28 
Use of approved laboratories 1038-29 
Laboratories to test material 1038-29 
Material, how designated 1038-26 
Material, prohibited 1038-32 
Moneys received to be paid into state treasury 1038-27 
Penalty for violation of act.'. 1038-33 
Prosecutions 1038-34 
Registration number may be revoked, etc 1038-30 
Registration of manufacturers 1038-27 
Repeal of “mattress law” 1038-37 
Reprocessed material 1038-26 
Secondhand material 1038-26 
Size of tag or label 1038-26 
Tag or label to be attached 1038-26 348 
Bedding Advisory Board 
Approval of laboratories 1038-29 
Membership of 1038-31 
Powers and duties 1038-31 
Qualifications of members 1038-31 
Rules and regulations 1038-31 
Variation of rules , 1038-31 
Benevolent Institution—See also “Public Institution” 
Disposal of dead bodies 3496 
Inspection by health commissioner 1261-31 
Physical examination of inmates 1261-31 
B'ense Act 1249 
Benzine Poisoning 
Description of, as occupational disease 1465-68a 
Benzol Poisoning 
Description of, as occupational disease 1465-68a 
Birth—See “Vital Statistics” 
Birth Record 
How established, when unrecorded, lost or destroyed 1261—57 
Boarding Home—See “Rest Home” 
Board of Education—See also “Schools” 
Cooperation with board of health in school inspection 4838-9 
May appoint school physician, dentist and nurse 4838-6 
May delegate school inspection to board of health 4838-6 
May provide lunch rooms in school buildings 4839-6 
May provide schools for tubercular pupils 4836-6 
May require vaccination and immunization of pupils 4838-5 
Member, cannot be appointed school physician, dentist or 
nurse 4838-7 
Nuisance on school property 4424 
Transportation of crippled children 4855 
Board of Health 
Admission to prisons, etc., of persons suffering from 
communicable disease 4441 
Annual and special reports 4476 
Approval, location of sanitary dumps 3282 
City Health District 
Abatement of nuisances 4420, 4421 
Administration in charter city 4404 
Appointment of health commissioner and other employes 4408 
Appointment of health commissioner, when board not 
established 4405 
Appointment of public health nurses 4411 
Appointment of sanitary officers 4411 
Bond issue for communicable disease hospital 4453 
City auditor is auditor of district 1261-38 
City treasurer is custodian of health funds 1261-38 
Control of communicable disease hospital 4454 
Council may erect and maintain hospital for communicable 
disease 4452 
Council may furnish quarters 1261-36 349 
BOARD OF HEALTH; CITY HEALTH DISTRICT—Continued. 
Council shall establish 4494 
Council shall provide for expenses of 4451 
Disposal, contents of vaults and catch basins 12651 
Duties of secretary 4409 
Emergency regulations 4413 
Expenses, how paid 1261-38 
Fines and costs, how paid 4418 
Forms to be prescribed by director of health 4409 
May establish clinics and detention hospitals ; 1261-22 
May establish infant welfare stations 1261-22 
May establish prenatal clinics 1261-22 
Mayor shall be president 4404 
Medical care of sick poor 4410 
Meetings 4406 
Member of, cannot be appointed health commissioner 4411-1 
Members, how appointed 4404 
Members, to serve without compensation 4404 
Nuisance on school property 4424 
Orders and regulations, how adopted 4413 
Penalty for violation of orders or regulations 4414 
President pro tern 4406 
Procedure in abatement of nuisance 4421-4423 
Procedure in prosecutions 4417 
Prosecutions, how instituted 4416 
Quarantine of transportation facilities 4425 
Records to be kept 4409 
Registration of vital statistics 4419 
Regulation of sanitary conveniences, exception 4420, 4421 
Salaries of employes 4411-1 
Terms of office of members 4406 
Violation of orders or regulation by a corporation 4415 
Civil service for city health districts 486-19 
Communicable disease, dairyman to report 4460 
Communicable disease, in public institution 4442 
Communicable disease, to be reported by 1243 
Compensation for property destroyed 4435 
Complaint of impure water supply..... 1252 
Complaint of stream pollution 1249 
Contract for laboratory service 4438 
County of legal settlement to pay for indigent quarantined 1261-27 
Delegate to annual conference 1245 
Destruction of infected property 4434 
Detention hospital for communicable disease 1261-33 
Detention of mental case without warrant 1890-26 
Disinfecting apparatus and supplies 4433 
Disinfection after recovery from communicable disease 4432 
Disinfection following tuberculosis 4433 
Disinfection or destruction of infected property 4457 
Disposal of bodies dead from communicable disease 4440 
District, to have same powers and duties as muncipal board 1261-30 BOARD OF HEALTH; CITY HEALTH DISTRICT—Continued. 
Duties 
Enforce rules and regulations of state department of health 1238 
Free treatment of venereal disease 1261-26 
Inspection and abatement of nuisances 1261-26 
Inspection of dairies, stores, restaurants, etc 1261-26 
Inspection of food 1261-26 
Inspection of schools, public institutions, etc 1261-26 
Medical and dental supervision of school children 1261-26 
Study and record communicable diseases 1261-26 
Restriction on medical supervision of school children 1261-26 
Effect of quarantine on common carriers 4445 
Enforcement of law governing sale of “soaked” goods 12778 
Enforce orders for drainage 3656 
Examination of pupils, etc., when school physician not 
appointed 4838-10 
Exclusive control of municipal quarantine hospital 4456 
Exemption from medical examination in schools 4838-10 
Expense of quarantine, how paid 4436 
Expense of quarantine of county public institution 4439 
Food 
Appointment of inspectors 4458 
Duty of dairy inspector 4461 
Inspection of dairies 4459 
Inspection of slaughter houses 4459 
Orders to prevent sale of impure milk 4460 
Permits to sell meat or milk 4459 
Record of meat and milk dealers 4459 
Test of dairy products 4462 
General Health District 
Abatement of nuisances 4420, 4421 
Appointment of health commissioner 1261-19 
Appointment of members 1261-18 
Appointment of nurse, clerk, etc 1261-22 
Cooperation with boards of education in school inspection 4838-9 
County auditor is auditor of district 1261-38 
County commissioners may furnish quarters 1261-36 
County treasurer is custodian of health funds 1261-38 
Creation of 1261-17 
Disposal, contents of vaults and catch basins 12651 
Distribution of members 1261-18 
Expenses, how paid 1261-38 
Fines and costs, how paid 4418 
General duties of health commissioner 1261-19 
May establish clinics and detention hospitals 1261-22 
May establish infant welfare stations 1261-22 
May establish prenatal clinics 1261-22 
Notice of appointment of health commissioner to director 
of health 1261-19 
Nuisance on school property 4424 
Orders and regulations, how adopted 1261-42 
Organization 1261-19 BOARD OF HEALTH; GENERAL HEALTH DISTRICT—Continued. 
Penalty for violation of orders or regulations 4414 
Per diem of members 1261-17 
Procedure in abatement of nuisance 4421-4423 
Procedure in prosecutions 4417 
Procedure regarding tax budget 5625-20 
Prosecuting attorney, legal advisor 1261-37 
Prosecutions, how instituted 4416 
Qualifications of health commissioner 1261-19 
Quarantine of transportation facilities 4425 
Removal of employes 1261-22 
Report to district advisory council 1261-18 
Vacancies, how filled 1261-17 
Violation of orders or regulations by corporation 4415 
Guards to enforce quarantine 4431 
Ice for domestic use 4464 
Inmates of quarantined house not to attend school 4437 
Inspection of hospitals, homes, etc 2497 
Inspection of school children may be delegated to 4838-6 
Inspection of schools semi-annually 4448 
Maternity Hospital 
Adoptions to be reported to 6267 
Application for license to be approved by 6259 
Births to be reported to 6265 
Coroner to investigate, when death certificate not filed 6269 
Deaths to be reported to 6268 
Inspection by „ 6262,6271 
Notice of revocation of license 6264 
Secrecy of records... 6274 
May be removed by public health council 1261-25 
May close schools, when 4448 
May declare diseases quarantinable 4429 
May employ scavengers 4463 
May erect temporary buildings or field hospitals 4457 
May establish laboratory 1261-27 
May hospitalize cases of tuberculosis, when menace to public 3139-20 
May prohibit public gatherings 4448 
May prohibit sale of ice for domestic use 4465 
May provide vaccination for smallpox 4449 
May seize building for hospital purposes 4456 
Medical care of quarantined persons 4436 
Monthly report of deaths to election board 4785-46 
Municipality or township of legal settlement to pay for in- 
digents quarantined 4438-1 
Pays cost of disinfection 4433 
Permit to leave quarantined house 4430 
Permit to sell ice for domestic use 4464 
Powers, duties, procedure, penalties 1261-30 
Procedure to effect quarantine 4429 
Quarantine because of prevalence of rabies 5652-16 
Quarantine regulations affecting common carriers. 4447 
Quarantine regulations to be enforced 4430 352 
BOARD OF HEALTH; GENERAL HEALTH DISTRICT—Continued. 
Recommendation of necessity for sanitary plant 44158 
Removal of infected person from public institution 4444 
Right of visitation, municipal public institutions 4665 
Shall provide antitoxin for diphtheria 1261-29 
State subsidy for health districts 1261-39 
Stipport of quarantined persons 4436 
Taxing authority may borrow money to control epidemics 2293-7 
Venereal Disease 
Clinics for treatment of 1261-28 
Duty to enforce regulations 1261-28 
Free treatment of cases of 1261-28 
Quarantine of carriers 1261-28 
Warrant for detention of mental case 1890-24 
Who may be removed to quarantine hospital 4455 
Board of Trustees—See “Tuberculosis Hospitals” 
Boards (State) 
Rights, powers and duties transferred... '. 154-24 
Bolster—See “Bedding” 
Bond 
Filed with secretary of state 154-14 
For officers of state departments 154-14 
State inspector of plumbing 1261-7 
Branch Locker Plant 
Definition 1155-20 
Brass Poisoning 
Description of, as occupational disease .1465-68a 
Buckeye Lake 
Designated as “state park” 469 
Budget 
Apportionment, by auditor 1261-40 
Certification by county auditor 5625-20 
Certification to county auditor 1261-40 
Duty of board of health to estimate needs 1261-40 
Duty of budget commissioners 1261-40 
General health district 1261-40 
Procedure regarding making of, in general health district 5625-20 
Procedure, when district composed of two counties 1261-40 
Subsidy, deducted before apportionment 1261-40 
Building Code 
Provisions of, apply to hotels and restaurants 843-9 
Building Department 
Regulation of sanitary conveniences in cities 4420 
Building Inspector 
Appointment, by county commissioners 2481 
In classified civil service ; 2481 
Buildings 
County regulations to be published 2482 
Municipal corporation may regulate erection of 3636 
Municipal corporation may regulate use and sanitation of 3639 
Regulations for unincorporated communities 2480 
Unlawful construction, may be enjoined 2483 
Used in manufacture of soft drinks ...1089-13 353 
Bureau of the Census 
Standard certificate of birth 1261-52 
Standard certificate of death 1261-61 
Standard certificate of stillbirth 1261-58 
Bureau, Prevention of Industrial Accidents 
Contributions for support of 1465-893 
Creation of 1465-89a 
Duties of 1465-89a 
Superintendent, experts, etc • 1465-89a 
Burial 
Persons dead from communicable disease 4440 
Burial Grounds—See also “Cemetery” 
Abandonment of 3465 
Abandonment of municipal 3472 
Disinterment of bodies 3467 
May sell at public sale 3466 
Procedure, where order to abandon not obeyed 3473 
Transfer to township trustees 3471 
Burial Permit—See “Vital Statistics” 
Burners 
Giving off obnoxious gases prohibited; penalty 12798-6 
Butter—See “Dairy Products” 
By-law—See “Ordinance” 
Canal 
Putting dead animal in; penalty 12783 
Candy 
Manufacture and sale of adulterated; penalty 12762 
Cannery 
Cleaning of utensils and equipment 1090-14 
Disposal of wastes 1090-8 
Employment of person with communicable disease, prohibited 1090-12 
Fruits to be washed - 1090-15 
Garments for workers 1090-13 
Insanitary condition in; penalty 12797 
Keeping live stock near .1090-7 
Located in sanitary place 1090-5 
Preparation of syrup and brine 1090-16 
Removal of garbage, etc 1090-6 
Sanitation of 1090-8 
Screens for 1090-9 
Smoking in 1090-11 
Spitting on floor 1090-11 
Sterilization of containers 1090-14 
Toilet rooms for both sexes 1090-9 
Ventilation and light 1090-8 
Wash rooms, lavatories, etc 1090-10 
Water supply of 1090-16 
Carbon Bisulphide Poisoning 
Description of, as occupational disease 1465-68a 
Carbon Dioxide Poisoning 
Description of, as occupational disease 1463-68a 354 
Catch Basins 
How contents to be disposed of 12650 
Cemetery—See also “Burial Grounds” 
Abandonment of municipal 3472 
Appropriation of land by municipality 3678 
Council may pass ordinance regulating 4155 
Disinterment of bodies 3467 
Municipal corporation may provide 3622 
Municipality may provide, outside of limits 4154 
Procedure, where order to abandon not obeyed 3473 
Transfer to township trustees 3471 
Certification of Birth 
For adopted child 1261-55 
How and when issued 1261-66 
Certified Copy 
Original certificates of birth or death 1261-66 
Cesspools 
Regulation by board of health or building department 4420, 4421 
Chancroid—See “Venereal Disease” 
Charitable Institutions 
Inspection by health commissioner 1261-31 
Physical examination of inmates 1261-31 
Cheese—See also “Dairy Products” 
Definition 12736 
Direct sales to consumers 12746-1 
Erasing or cancelling label on skimmed or filled; penalty 12748 
Imitation, to be sold in wrapper bearing true name; penalty 12747 
Posting placard, where imitation sold; penalty 12739 
Selling imitation or substitute; penalty 12737 
Skimmed, must be so labeled; penalty 12746 
Child—See also “Adoption”; “Minor”; “Vital Statistics” 
Birth record of foundling 1261-53 
Decree of adoption filed with department of health 1261-55 
Supplemental report of name 1261-54 
Children’s Home 
Communicable disease in 2543 
Inspection by board of health 1261-26 
Inspection by department of industrial relations 1031 
Inspection by health commissioner 1261-31 
Physical examination of inmates 1261-31 
Cholera—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Control of, in public institution 4442 
Disposal of body, dead from 4440 
Chrome Ulceration 
Description of, as occupational disease 1465-68a 
Churches 
Inspection by department of industrial relations . 1031 
City—See also “Municipal Corporation” 
Constitutes local relief area 3391-1 
Primary registration district for vital statistics 1261-46 355 
CITY—Continued. 
City Auditor 
Auditor of city health district 1261-38 
City Health District 
Board of Health 
Appoints local registrar 1261-47 
May establish clinics and detention hospitals 1261-22 
May establish infant welfare stations 1261-22 
May establish prenatal clinics 1261-22 
May establish trachoma clinics 1261-22 
Public health council may remove members 12*61-25 
Civil service for employes 486-19 
Contract with another city for public health service 1261-20 
Creation of 1261-16 
Department of health to determine adequacy of service 1261-20 
Effect of union with general health district 1261-20 
Employes, members of retirement system 486-33a 
Health Commissioner 
Appointment 4408 
Appointment, when board not established 4405 
Duty of, when appointed by director of health 4405 
Procedure to effect union with general health district 1261-20 
Public health nurse, appointment of 4408 
Subsidy 
Certification by board of health 1261-39 
From state 1261-39 
Procedure in payment of 1261-39 
When contract for service with another health district 1261-20 
Terms of contract for public health services 1261-20 
Union with general health district 1261-20 
Vital statistics, records kept at board of health office 1261-47 
City Officers 
Duty to enforce state health regulations 1238 
City Treasurer 
Custodian of health funds 1261-38 
Civil Service 
Certain offices unclassified 154-19 
County building inspector in classified service 2481 
County welfare employes in classified service 2511-2 
Departments governed by 154-19 
Employes, county department of welfare 2511-9 
For cities 486-19 
Municipal commission 486-19 
Public health employes 486-19 
Civil Service Commission 
Secretary, member of retirement board 486-34 
Clerk 
Appointment, in general health district 1261-22 
Clinics 
Board of health may establish 1261-22 
Board of trustees may establish 3139-16, 3139-19 
Coal Mines 
Acid mine drainage 1240-2 356 
Cold Storage 
Act does not apply, when 1155-16 
Definition 1155-1 
Enforcement of act 1155-17 
Fees and fines . 1155-18 
Food, from outside of state 1155-15 
Food, how marked 1155-12 
Food, in refrigerated cars 1155-16 
Food withdrawn, not to be returned 1155-14 
Length of time food may be kept 1155-13 
Locker Plant 
Definitions .... 1155-20 
Food, not for human consumption 1155-25 
Inspection of . 1155-23 
License fee 1155-22 
License required 1155-21 
Qualifications of inspectors 1155-23 
Records to be kept 1155-26 
Refrigeration system 1155-24 
Requirements for license 1155-23 
Revocation of license 1155-27 
Rules and regulations 1155-27 
Penalty for violation of act 1155-19 
Transfer of food to another warehouse 1155-14 
Cold Storage Warehouse 
Date of deposit and removal to be stamped 1155-11 
Definition ,....1155-2 
Inspection of records 1155-9 
License for 1155-7 
Quarterly report to director of agriculture 1155-9 
Record of receipts 1155-9 
Record of withdrawals 1155-9 
Unwholesome food not to be stored in 1155-10 
When, may be closed 1155-8 
Colleges 
Inspection by department of industrial relations 1031 
Comforter—See “Bedding” 
Commercial Cannery—See “Cannery” 
Commissioner of Health—See “Director of Health” 
Commissions 
Rights, powers and duties transferred.. 154-24 
Common Carrier 
Effect of quarantine on 4445 
Penalty for misstatement relative to quarantine order 4446 
Protection of freight after infection 4457 
Quarantine of .' 4425 
Common Pleas Court 
Appeal on denial or revocation of license 154-73 
Approval, creation of sanitary district 6602-35 
Orders of state agencies may be appealed 154-72 
Rules adopted by state agencies may be appealed 154-72 357 
Communicable Disease 
Admission to prisons, etc., of persons suffering from 441! 
Animals, reports of 1112 
Bedding used by, prohibited 1038-32 
Board of health may close schools 4448 
Board of health may prohibit public gatherings 4448 
Board of health to have control of hospital 4454 
Bond issue for hospital 4453 
Certificate of physician may be required 843-6 
Compensation for property destroyed 4435 
Consent to remove body required 1261-59 
Council may erect and maintain detention hospital 4452 
County of legal settlement to pay expense 4438 
Dairyman to report 4460 
Destruction of infected property 4434 
Detention hospital for 1261-33 
Disinfection of property 4432 
Disposal of bodies dead from 4440 
Disposition of, in children’s home 2343 
Duty of board of health 1261-26 
Duty of health commissioner, when case reported 4428 
Effect of quarantine on common carriers 4445 
Emergency action in epidemic 1244 
Emergency funds for epidemic 1261-41 
Employes in hotels and restaurants to be free of 843-6 
Employment in cannery prohibited 1090-12 
Employment prohibited in bakery 1090-28 
Examination of bakery employes 1090-29 
Expense of quarantine, how paid 4436 
Exposing another person to; penalty 12785 
Guards to enforce quarantine 4431 
Immunization of pupils in public schools 4838-5 
Inmates of quarantined house not to attend school 4437 
In public institution 4442 
Institution for care of, not to be located near school 4838-11 
In work camp, procedure 4436-1 
Medical care of quarantined persons 4436 
Municipal corporation may protect against 3646 
Municipality or township of legal settlement to pay for 
indigents quarantined 4438-1 
Orders or regulations concerning 1237 
Permit to leave quarantine 4430 
Physician to give certificate of recovery from 4432 
Precautionary measures by physicians 4430 
Quarantine hospitals for 4456 
Quarantine of cases 4429 
Quarantine of county public institution 4439 
Registrar to give immediate notice of death from 1261-49 
Regulations affecting common carriers 4447 
Regulations to control 1261-42 
Removal of infected person from public institution to 
hospital 4444 358 
COMMUNICABLE DISEASE—Continued. 
Reports to department of health 1243 
Reports to health commissioner 4427 
Service of teacher or employe having, to be discontinued 4838-8 
Support of quarantined persons 4436 
Taxing authority may borrow money 2293-7 
Temporary buildings for infected persons at public 
institutions 4443 
Temporary buildings or field hospitals 4457 
Vaccination of pupils in public schools 4838-5 
Who may be removed to quarantine hospital 4455 
Compressed Air Illness 
Description of, as occupational disease 1465-68a 
Condiments 
Adulteration defined 5778 
Confectionery 
Adulteration of confections defined 5778 
Insanitary condition in, penalty 12797 
Conference 
Annual, of health commissioners 1245 
Conservancy District 
Contribution to retirement fund 486-33f 
Department of health to approve plans 6828-12 
Employes are members of retirement system 486-33a 
Employes contribution to retirement fund 486-38e 
Hearing of objections to plan 6828-12 
Preparation of plan of improvement 6828-12 
Statement of retirement board 486-33g 
Constables 
Duty to enforce state health regulations 1238 
Contagious Disease—See “Communicable Disease” 
Container 
Definition 1155-4 
Contract 
Collection and disposal of garbage and refuse 3295-1 
For union of health districts 1261-20 
Terms of, for public health services 1261-20 
Convalescent Home—See “Rest Home” 
Coroner 
Appointment, of acting 2829 
Consent required to remove body, when 1261-59 
To investigate deaths in maternity hospitals 6269 
Vacancy in office, how filled 2829 
When, to sign certificate of death 1261-62 
Corporation 
Prosecuted for maintaining nuisance 1415, 12657 
Corpse—See “Dead Bodies” 
Correctional Institution—See also “Public Institution” 
Refusing entrance of public official, penalty 12933 
Cosmetologist 
Revocation of license 1082-20 359 
Council (Municipal) 
Complaint of stream pollution 1249 
Procedure in union of health districts 1261-20 
Quarters for board of health 1261-36 
County- 
Contribution to retirement fund 486-33d, 486-33f 
Employes members of retirement system 486-33a 
Employes retirement contribution 486-33e 
Statement of retirement board 486-33g 
County Auditor 
Auditor of general health district 1261-38 
Cost of cutting weeds collected as tax 4245-4 
Duty to collect delinquent accounts in waste disposal 
district 3296-7 
Enumeration of crippled children 4853-9 
Registration of dogs 5652 
County Commissioners 
Appointment of dog warden and deputies 6652-7 
Appropriation, for current expense of tuberculosis hospital 3139-5 
Appropriation, for maintenance of tuberculosis hospital 3139-12 
Building regulations for unincorporated communities 2480 
Building regulations to be published 2482 
Civil action to recover cost of removal of pauper 3483 
Complaint of stream pollution 1249 
Contract for enforcement of building regulations 2481 
County building inspector 2481 
County local relief area 3391-1 
County of legal settlement to pay expense of indigents 
quarantined 4438 
Disposition, surplus dog and kennel fund 5653 
Employment of physician for county home 2516 
Increase of dog license fee 5652-7a 
Inspection of hospitals, homes, etc 2497 
Inspector of nuisances 12661 
May contract for care of tuberculosis cases , 3139-18 
May designate and set apart county land as playgrounds, etc 4065-1 
May establish county department of welfare 2511-1 
May establish tuberculosis hospital 3139-11 
May lease municipal tuberculosis hospital 3139-11 
May provide tuberculosis hospital, although in district 3139-14 
May purchase district tuberculosis hospital 3139-15 
Medical and hospital service for indigent. . 3484-2 
Notice of removal of indigent person 3484 
Pay for diphtheria antitoxin for indigents 2501 
Payments from dog and kennel fund 5846 et seq 
Procedure, in case of injury by rabid dog 5852 
Quarters for board of health 1261-36 
Reimbursement of person injured by rabid dog 5851 
Report of investigation of hospitals, homes, etc 2499 
Semi-annual visit to institutions 2498 360 
COUNTY COMMISSIONERS—Continued. 
Sewer District 
Appeal from order to install water supply in 6602-29 
Appeal, when order not acceptable 6602-8e 
Complaint of insanitary conditions . 6602-8d 
Complaint of unsafe water supply in 6602-28 
Investigation and finding 6602-8d 
Order to establish.. 6602-8d 
Order to install water supply in 6602-28 
Procedure, when order not complied with 6602-8f 
Procedure, where order to install water supply not 
complied with 6602-30 
Prosecution for failure to comply with order 6602-8g 
Prosecution for failure to install water supply 6602-31 
To pay expense of removal of pauper 3482 
Tuberculosis hospital district, how established 3139-1 
Unlawful construction of buildings may be enjoined 2483 
Vacancy in office of coroner 2829 
County Department of Welfare 
Advisory board 2511-7 
Agreements to administer welfare activities... 2511-5 
Appointment of director 2511-1 
Appropriation of funds 2511-10 
Civil service status of employes 2511-9 
Classified civil service 2511-2 
Compensation of director 2511-3 
Duties of advisory board 2511-8 
Funds transferred to 2511-11 
How established 2511-1 
Powers and duties of department 2511-4 
Powers and duties of director 2511-2 
Powers and duties transferred to 2511-6, 2511-11 
Transfer of records, files, etc 2511-11 
County Elome 
Admissions to 2544 
Expense of quarantine, how paid 4439 
Inspection by board of health 1261-26 
Inspection by health commissioner 1261-31 
Medical service for.... 2546 
Physical examination of inmates 1261-31 
Removal of tuberculosis cases from 3189-21 
Superintendent to govern admissions 2544 
Tuberculosis cases not to be kept in 3139-21 
County Infirmary—See “County Home’’ 
County Officers 
Duty to enforce state health regulations 1238 
County Recorder 
Information concerning deceased veterans 1261-50 
County Sewer District—See “Sewer District” 
County Treasurer 
Custodian of health funds 1261-38 
To pay fees of local registrars 1261-51 
Cream—See “Milk” Creamery 
Insanitary condition in, penalty 12797 
Crematory 
Burial permit required 1261-68 
Disposition of burial permit ‘ 1261-63 
Endorsement of burial permit 1261-63 
Municipal corporation may provide 3622 
Record of cremations 1261-63 
Crippled Children 
Care, treatment and education of 4853-10 
Enumeration of 4853-9 
Health commissioner to provide for examination of ...4853-10 
Health commissioner to receive list of 4853-10 
Report of examination to juvenile judge and depart- 
ment of health 4853-10 
Transportation of 4855 
Qr'oss-Connection 
In water distribution system, prohibited 1252-3 
Dairy 
Certificate, cows free of tuberculosis 4459 
Duties of dairy inspector 4461 
Insanitary condition in, penalty 12797 
Inspection by board of health 1261-26, 4459 
Test of dairy products. 4462 
Dairy Barn 
Insanitary condition in, penalty 12797 
Dairy Products—See also “Milk” 
Definitions 12736 
Falsely marked imitations of; penalty 12750 
Fraudulent shipment of; penalty 12749 
Imitation cheese; penalty 12731 
Improper use of word “butter”; penalty 12753 
Labeling and packing renovated or processed butter; 
penalty ....12756 
Manufacturing or selling renovated or processed but- 
ter; penalty 12755 
Mixing improper articles with butter or cheese; penalty 12752 
Placards displayed by dealers 12731 
Restrictions on sale of artificial; penalty 12740, 12741 
Selling falsely branded; penalty 12751 
Selling imitation or substitute for cheese; penalty 12737 
Selling imitation or substitute without proper brand or 
label; penalty 12742 
Substitutes for 12731 
Use of imitation butter or cheese at public institution; 
penalty 12754 
Vehicles peddling imitation cheese to be placarded; penalty 12738 
Dead Animals—See “Animals” 
Dead Bodies 
Abandonment of burial ground 3465 
Burials may be prohibited in municipality 4157 362 
DEAD BODIES—Continued. 
Burials of unclaimed 3495 
Cemeteries outside municipality 4154 
Council may regulate burial of 4155 
Detention of corpse 12692 
Disinterment of 3467 
Disposal of, at benevolent institution 3496 
Disposal of, dead from communicable disease 4440 
May be retained twenty-four hours . 12690 
Mutilation or destruction of; penalty 13391-1 
Nuisance caused by 12684 
Orders or regulations concerning 1237 
Penalty for refusal to deliver 12689 
Penalty for unlawful possession 9989 
Removal on complaint 3470 
Removal, when cemetery abandoned 3465 
Unclaimed 
Disposal of 9984 
Interment after study or dissection 9986 
Notification of relatives 9987 
Procedure, if subsequently claimed 9985 
Strangers or travelers 9988 
Unlawful possession of 12691 
Unlawful use of 12693 
Deaths—See “Vital Statistics’’ 
Department 
Definition of term 154-2 
Department of Agriculture 
Adoption of food standards 1177-12 
Approval of food for storage 1155-25 
Cold storage warehouse license 1155-7 
Cold storage warehouse may be closed by 1155-8 
Contagious or infectious diseases of animals to be reported 1112 
Cooperative tests for state institutions 1850 
Disposition of infected animals 1114 
Duty regarding stockyards 1177-76 
Duty to enforce cold storage act 1155-17 
Inspection of cold storage warehouses 1155-9 
Inspection of locker plants 1155-23 
License fee for locker plant 1155-22 
License for cold storage warehouse 1155-7 
License for locker plant 1155-21 
License to dispose of dead animals 1177-60 
License to manufacturers of frozen desserts 12730-la 
May require examination of bakery employe 1990-29 
Refusing entrance of, to factory, etc.; penalty 12757 
Revocation of license of locker plant 1155-27 
Revocation of license to dispose of dead animals 1177-74 
Right of entry for food inspection 1177-13 
Rules and regulations for cold storage plants 1155-12 
Rules and regulations for locker plants 1155-27 
Rules for marking cold storage food 1155-11 
Sanitary code of, to be posted in bakeries, etc 12798 363 
DEPARTMENT OF AGRICULTURE—Continued. 
Standards prescribed for bakery 1090-23 
Suspension or revocation of license of frozen dessert 
manufacturer 12730-4 
Department of Health—See also “Director of Health”; 
“Public Health Council” 
Annual report to governor 1248 
Approval of closing highways 4426 
Approval of plans for garbage disposal 1240-1 
Approval of plans for improvements in conservancy 
district 6828-12 
Approval of plans for industrial waste disposal 1240-1 
Approval of plans for purification or treatment of water 1240 
Approval of plans for sanitary plant 4469 
Approval of plans for sewage disposal 1240 
Approval of plans for sewerage 1240 
Approval of plans for water supply 1240 
Certification of births and deaths occurring outside 
county of residence 1261-56 
Complaint of impure water supply 1252 
Complaint of stream pollution nuisance 1249 
Conference of health officials 1243 
Consent required to establish tuberculosis clinic 3139-16 
Cooperative tests for state institutions 1850 
County Sewer District 
Appeal from order to install water supply 6602-29 
Appeal, when order not acceptable G602-8e 
Complaint of insanitary conditions 6602-8d 
Complaint of unsafe water supply in 6602-28 
Investigation and finding 6602-8d 
Order to establish 6602-8d 
Order to install water supply 6602-28 
Procedure, when order not complied with 6602-8f 
Procedure, where order to install water supply not 
complied with 6602-30 
Prosecution for failure to comply with order 6602-8g 
Prosecution for failure to install water supply 6602-31 
Creation of 154-3 
Diseases to be reported to 1243 
Emergency action —1237 
Emergency action in epidemic 1244 
Enforcement of rules and regulations 1238 
General powers and duties 1237 
General supervision of industrial waste disposal 1240-2 
General supervision of sewage disposal 1240-2 
Gonorrheal ophthalmia 1248-4 
Inflammation of eyes of newborn 1248-4 
Inspection of rest homes 6289-4 
Investigation of complaints of stream pollution 1249 
Investigation of uses and pollution of waters 1240-3 
Investigation of methods of sewage disposal 1240-2 
Investigation of methods of waste disposal 1240-2 364 
DEPARTMENT OF HEALTH—Continued. 
Laboratory 
Director of health to have charge 1242 
Examinations to be made in 1241 
May establish 1241 
Water supplies to be examined and reported annually 1241 
License for maternity hospitals 6259 
Marriage 
Approval of laboratories 11188 
Blood test of applicants for 11188 
Forms for certifying blood test and examination ..11188 
Maternity and infancy act 1237-1 
Maternity Hospital 
Book of forms to be furnished 6270 
Inspection of 6262, 6271 
License for 6259 
Record of revocation of license 6264 
Revocation of license 6263 
Secrecy of records * 6274 
To prescribe records to be kept 6266 
Unlawful to maintain without license 6276 
May declare diseases quarantinable 4429 
May require examination of bakery employe 1090-29 
May requisition forfeited narcotic drugs 12672-13 
May specify diseases to be reported 4427 
Occupational Diseases 
. Report forms 1243-2 
Reports, by physicians 1243-1 
Reports, not used as evidence 1243-3 
Reports, to department of industrial relations 1243-4 
Penalty for failure to report 1243-5 
Penalty for failure to secure approval of plans > 1240-1 
Penalty for failure to submit plans 1240 
Penalty for violation of orders and regulations 1247 
Plumbing 
Approval of plans and specifications 1261-2 
Bond of inspector 1261-7 
Certificate of approval .' 1261-5 
Duty of owner to comply with notice 1261-13 
Fees for permit and fixtures installed 1261-6 
Inspection of 1261-2 
Inspector not to engage in plumbing business 1261-8 
Jurisdiction in municipal corporations 1261-3 
Office and apparatus for inspectors 1261-12 
Penalty for violation 1261-14 
Permit to install, required 1261-6 
Prosecutions 1261-15 
Reports of inspectors 1261-11 
Revocation of certificate of approval 1261-5 
Right of entry 1261-10 
Salary and expenses of inspectors 1261-9 
Powers and duties in state parks 479 
Powers and duties transferred to 154-43 365 
DEPARTMENT OF HEALTH—Continued. 
Prophylactic for eyes of newborn 1248-4 
Prosecutions and proceedings 1247 
Prosecutions in state parks 479 
Quarantine of common carriers 4425 
Registration of births occurring outside state 1261-56 
Regulations for control of gonorrheal ophthalmia 1248-4 
Regulations for control of inflammation of eyes of 
newborn 1248-4 
Regulations governing waste disposal 1240-2 
Regulations to prevent pollution of waters 1240-3 
Reports of boards of health 4476 
Rooms to be provided 1236-5 
Rules and regulations for state sanatorium 1811 
Rules and regulations for tuberculosis hospitals 3139-10 
Sanitary district plans to be approved by 6602-46 
School of instruction for health commissioners 1246 
Shall determine if particular employment of children 
shall be prohibited 13003, 18007-4 
Special duties 1239 
Special orders and regulations 1237 
State park sanitary districts 479 
State subsidy for health districts, how paid 1261-39 
To determine adequacy of service 1261-20 
Transfer of powers and duties to 1232 
Tuberculosis Hospitals 
Approval of location, plans, etc 3139 
Formation of district to be approved 3139 
General supervision 3139 
Vital Statistics 
Adjutant general to receive information concerning 
deceased veterans .• 1201-50 
B'irth certificate, when illegitimate child becomes legitimate 1261-52a 
Central division created 1201-44 
Examination and filing of certificates 1261-50 
Index of certificates 1261-50 
Original certificates sent to 1261-49 
Water Supply 
Approval, cross-connections 1252-3 
Investigation of 1252-1 
Records of construction, etc 1252-1 
Regulations governing construction, etc 1252-1 
Shall require analyses and records 1252-2 
Department of Industrial Relations 
Adhesive stamps for bedding 1038-27 
Appointment of bedding inspectors 1038-28 
Bedding advisory board 1038-31 
Director may revoke, etc., registration number 1088-80 
Duties regarding bedding law 1038-25 
Duties relative to bedding inspectors’ reports 1038-28 
Duty to inspect school houses and other buildings 1031 
Enforcement of lead law 6330-8 
Inspection of rest homes 6289-4 
Laboratories to test bedding material 1038-29 366 
Department of Public Welfare 
Administration of rest home law 6289-1 
Admission and discharge of patients, state sanatorium 1841 
Adoptions, supervision of 10512-9 et seq 
Division of mental diseases 1890-20 
Health services for dependent children l359-33a 
Investigate financial status of patients 1815-13 
Support of patients, how determined 1815-14 
Departments 
Annual reports 154-22 
Authority to examine, inspect, etc 154-23 
Bond required of officers 154-14 
Central office in Columbus 154-17 
Certification of rules and regulations 161-1 
Civil service for employes 154-19 
Cooperation and coordination of work 154-21 
Director may prescribe regulations 154-8 
Employes not paid for extra services L54-20 
Hours of service 154-20 
May establish branch offices 154-17 
Oath of office for officers 154-14 
Officers shall serve full time 154-16 
Service of notice 154-25 
Shall adopt official seal 154-18 
Shall keep records and journal 154-18 
Shall make and file reports 154-22 
Transfer of rights, powers and duties 154-24 
Vacation periods for employes 154-20 
Dependent Children 
Health services for 1359-33a 
Detention Hospital 
Board of health may establish 1261-22, 1261-33 
Diphtheria—See also “Communicable Disease” 
Board of health shall provide antitoxin 1261-29 
Cases to be quarantined 4429 
Cases to be reported 4427 
Control of, in public institution 4442 
Disposal of body dead from 4440 
Laboratory examination for 1241 
Physician may apply for antitoxin 2500 
Director of Health ; 
Administrative duties 1233 
Annual report 1236-1 
Appeal from orders of 1257 
Appointment of 154-4 
Approval of contract for laboratory service 1261-27 
Authority to administer oath 1234-1 
Certification of birth 1261-66 
Certification of per diem cost of hospitals 6308-8 
Certified copy of certificate of birth or death 1261-66 
Charge of laboratory 1242 
Contract for union of health districts to be sent to 1261-20 367 
DIRECTOR OF HEALTH—Continued. 
Duty regarding hospitals and dispensaries 1236-6 
Duty respecting crippled children 4853-10 
Forms for maternity hospital records 6270 
Forms of registration and report of hospitals 1236-6 
Forms for registration of vital statistics 1261-45 
Forms to be prescribed for boards of health.. 4409 
May appoint board of health in general health district 1261-24 
May appoint health commissioner, when board of health 
not established 4405 
May license maternity hospitals 6259 
May order quarantine of earners of venereal disease 1269-28 
May prefer charges against health commissioner or 
board of health 1261-25 
May remove local or deputy registrar 1261-67 
Member, water supply board 375 
Notice of appointment of health commissioner 1261-19 
Public health manual to be published and distributed 154-66, 1236-1 
Public record of actions 1240-1 
Qualifications 154-12 
Record of actions to be public 1240 
Removal of 1236-4 
Report of district advisory council 1261-18 
Right of entry 1236-3 
Sewage Treatment Works 
Order to appoint operator of 1256 
Order to improve operation 1255 
Stream Pollution 
Action for recovery of penalty 1261 
Appeal to supreme court 1258-3 
Finding and hearing 1250 
How funds secured to comply with order 1259 
Investigation of complaint 1249 
Notice to mayor and council - 1251 
Order for abatement 1251 
Order may be reversed, vacated or modified 1258-2 
Penalty, failure to comply with order 1260 
Procedure for abatement 1250 
Procedure on appeal 1258-5 
Term of office 154-12 
To administer department of health 154-3 
Transfer of powers and duties to 1233 
Vital Statistics 
Approves deputy registrars 1261-47 
Charge of registration system 1261-44 
Combination of primary registration districts 1261-46 
Designates registrar for combined district 1261-47 
Fees of registrars to be certified 1261-51 
May accept amended certificates 1261-65 
Methods, forms, blanks, etc 1261-45 
Supervision of registration system 1261-44 
Water Purification Works 
Order to appoint operator 1256 
Order to improve operation 1255 368 
DIRECTOR OF HEALTH—Continued. 
Water Supply 
Action for recovery of penalty 1261 
Additional rates for water service 1258-1 
Appeal to supreme court 1258-3 
Finding and hearing 1250 
Finding of pollution 1253 
How funds secured to comply with order 1259 
Investigation of complaint of pollution 1249 
Notice of contamination or inadequate supply 1252-4 
Notice of hearing on pollution of 1253 
Notice to mayor and council 1251 
Order may be reversed, vacated or modified 1258-2 
Order to correct contaminated or inadequate 1252-5 
Order to remove source of pollution 1251 
Penalty for failure to comply with order 1252-6, 1260 
Procedure on appeal 1258-5 
Procedure to abate pollution 1250 
Procedure when, contaminated or inadequate 1252-4 
Director of Industrial Relations 
Chairman, bedding advisory board 1038-31 
Director of Public Welfare 
Duties regarding poor relief 3391-3 
Duties regarding rest homes 6289-3 
Director of Public Works 
Quarters and vault for vital statistics records 1261-44 
Director of Welfare—See “County Department of Welfare”. 
Disinfection 
After recovery from communicable disease 4432 
Board of health may purchase apparatus and supplies 4433 
Foard of health pays cost 4433 
Disinterment 
Application for 3468 
Of dead bodies 3467 
Writ of mandamus to issue permit 3469 
Dispensary 
Classification and definition 1236-6 
Forms for registration and report 1236-6 
Registration and report 1236-6 
Dissection 
Unclaimed dead bodies used in study of 9984 
District Advisory Council 
Appointment, board of health 1261-18 
Appointment, members of board of health after union of dis- 
tricts 1261-20 
Appointment, members of board of health removed by public 
health council 1261-25 
Effect of refusal to appoint board of health 1261-24 
Expenses of members .1261-18 
How constituted 1261-18 
Meetings 1261-18 
Organization 1261-18 
Procedure in combination of districts 1261-21 DISTRICT ADVISORY COUNCIL—Continued. 
Procedure in union of health districts 1261-20 
Report to director of health 1261-18 
Report to health commissioner 1261-18 
Ditch 
Penalty for obstructing 12653 
Division 
Definition of term 2 .154-2 
Establishment of 154-8 
Dogs—See “Animals” 
Dog Warden—See “Animals” 
Drain 
Penalty for obstructing 12653 
Drainage 
Board of health to enforce 3656 
Done at owners expense, when order neglected 3655 
Into state reservoirs, prohibited 479 
Land owner to comply with order 3654 
Municipal corporation may require 3647-1 
Municipal corporation to correct 3653 
Dressing Rooms 
Where females employed 1009 
Drink 
Adulteration defined 5778 
Drugs—See also “Poison” 
Adulteration defined 5777 
Confiscation and destruction of machinery, etc., used in adul- 
teration of; penalty 12758-1 
Disposal of forfeited narcotics 12762-13 
Manufacturer or seller of adulterated, to pay for analysis 12759 
Misbranding ..... 5784 
Refusing entrance to factory, etc.; penalty 12757 
Selling adulterated or misbranded; penalty 12758 
Dry Closets 
For workshops and factories 1010 
Dump Grounds 
Council shall provide 4463 
Duties 
Transferred by administrative code ...... 154-24 
Electors 
Complaint of impure water supply 1252 
Embalmers 
License of 1344 
May not be registrar of vital statistics 1261-47 
Penalty for practicing without license 1344 
Revocation of license 1335-7 
Embalming Schools 
Use of unclaimed dead bodies 9984 
Emergency Fund 
For epidemics in general health districts 1261-41 
Emergency Health Account 
How raised 1261-41 370 
Employes 
Appointment of in general health district 1261-22 
Employes Retirement—See “Public Employes Retirement 
System” 
Employment—See “Females”; “Minors” 
Epidemic 
Emergency action by department of health 1244 
Emergency funds to control 1261-41 
Taxing authority may borrow money 2293-7 
Epithelioma Cancer 
Description of, as occupational disease 1465-68a 
Examinations 
Admission to 154-67 
Exhibitions 
When a nuisance 6212-1 
Expenses 
City health district, how paid 1261-38 
General health district, how paid 1261-38 
Officers and members of departments, board, etc., to be 
reimbursed for 154-16 
Eyes—See “Gonorrheal Ophthalmia”; “Inflammation of 
the Eyes of the Newborn” 
Factory—See “Workshops and Factories” 
Family Hotels 
Licensed on request 843-3 
Federal Agency 
Transcript of certificates, how secured 1261-66 
Fees 
Certification of birth 1261-66 
Certification of birth of adopted child 1261-55 
Certified copy of birth or death certificate 1261-66 
For certificates of births, deaths and stillbirths furnished 
probate judge 1261-49 
For correction of birth record 1261-57 
For establishing birth record 1261-57 
Registrars of vital statistics 1261-51 
Females—See also “Temporary Legislation” Page 336 
Employment of, in factories, etc 12993 
Fish 
Disposal of offal; penalty 12782 
Food 
Adulteration defined 5778 
Adulteration of vinegar; penalty 12774 
Board of health may appoint inspectors 4458 
Cold storage act does not apply, when 1155-16 
Cold storage, from outside state 1155-15 
Cold storage, how to be marked 1155-12 
Cold storage, to be stamped 1155-11 
Confiscation and destruction of machinery, etc., used in 
adulteration of; penalty 12758-1 
Dairyman to report communicable diseases 4460 FOOD—Continued. 
Definition 1155-20 
Definition of “cold storage” 1155-3 
Definition of “wholesome” 1155-6 
Duty of dairy inspector 4461 
Fruits and vegetables 
Falsely stamping packages; penalty 12776 
Labeling “soaked goods”; penalty 12777 
Selling unlabeled cans of 12775 
To be washed in cannery 1090-15 
Insanitary condition in place where manufactured, etc.; 
penalty 12797 
Inspection by board of health 1261-26 
Inspection of dairies 4459 
Inspection of slaughter houses 4459 
Length of time in cold storage 1155-18 
Manufacturer or seller of adulterated, to pay for analysis 12759 
Maple sugar or syrup 
Adulteration ; penalty 12764 
Definition 12763 
Fraudulent use of word “maple”; penalty 12765 
Package must bear label of packer 12766 
Municipal corporation to provide inspection 3652 
Orders to prevent sale of impure milk 4460 
Permit to sell meat and milk 4459 
Quarterly reports of, in storage 1155-9 
Record of meat and milk dealers 4459 
Refusing entrance to factory, etc 12757 
Right of entry for inspection 1177-13 
Selling adulterated or misbranded; penalty 12758 
Selling unwholesome provisions 12760 
Shipped in refrigerated cars 1155-16 
Slaughter of calf for human consumption; penalty 12761 
Standards of 1177-12 
Storage in locker plant 1155-25 
Test of dairy products 4462 
Unwholesome, not to be stored 1155-10 
Withdrawn from storage, not to be returned 1155-14 
Food Handlers 
Medical inspection of 1261-26 
Food Products 
Municipal corporation to provide inspection 3652 
Foot-rot 
Permitting sheep affected with, to run at large; penalty 13365 
Foundling Child 
Procedure to secure birth record 1261-53 
Forms 
For maternity hopsital records 6270 
For registration and report of hospitals 1236-6 
For registration of vital statistics 1261-45 
Report of occupational disease 1465-99a 
To be prescribed for boards of health 4409 
Frozen Custard—See “Frozen Desserts” 372 
Frozen Desserts 
Definitions r 12730-1 
Fees for manufacturer’s license 12780-1 a 
Imitation ice cream 12730-la 
Investigation of manufacturing plants 12730-la 
License required to manufacture 12730-la 
Pasteurized milk products to be used 12730-lb 
Penalty for violation of law 12730-ld 
Sign giving name of manufacturer to be displayed 12730-la 
Suspension or revocation of license 12730-4 
Use of container other than that of the manufacturer, 
prohibited 12730-lc 
Use of fats other than milk fats 12730-la 
Fumigation 
In hotel and rooming house 843-13 
Funeral Director 
License of 1335-7 
May not be registrar of vital statistics 1261-47 
Penalty for practicing without license 1335-7 
Garbage—See also “Waste Disposal District” 
Contracts for removal of 4463 
Disposed of at sanitary plant 4469 
Hotels and restaurants 843-5 
Municipal corporation to provide for collection and dis- 
posal 8640 
Removed daily from cannery 1090-6 
Garbage Disposal 
Plans for, to be approved 1240-1 
Garments—See “Wearing Apparel” 
Gases 
Burners giving off obnoxious, prohibited; penalty 12798-6 
Gasoline Poisoning 
Description of, as occupational disease 1465-G8a 
General Health District—See also “Foard of Health”; 
“District Advisory Council” 
Appointment, board of health by district advisory 
council 1261-18 
Board of Health 
Appointment, nurse, clerk, etc 1261-22 
Appointment of 1261-17 
Appointment, health commissioner 1261-19 
Combination of two districts 1261-21 
Effect of union of districts 1261-20 
General duties of health commissioner 1261-19 
May establish clinics or detention hospitals 1261-22 
May establish infant welfare stations 1261-22 
May establish prenatal clinics 1261-22 
May establish trachoma clinics 1261-22 
Notice of appointment of health commissioner to 
director of health 1261-19 
Orders and regulations 1261-42 373 
GENERAL HEALTH DISTRICT; BOARD OF HEALTH—Continued. 
Organization 1261-19 
Public health council may remove members 1261-25 
Qualifications of health commissioner 1261-19 
Removal of employes 1261-22 
Budget 
Apportionment by auditor 1261-40 
Certification to county auditor 1261-40 
Duty of board of health to estimate needs 1261-40 
Duty of budget commissioners 1261-40 
Subsidy deducted before apportionment 1261-40 
Where district composed of two counties 1261-40 
Combination of two districts; procedure 1261-21 
Creation of 1261-16 
Director of health may appoint board of health 1261-24 
Effect of union with city health district 1261-20 
Emergency funds for epidemics 1261-41 
Employes, members of retirement system 486-B3a 
Procedure to effect union with city health district 1261-20 
Regulations, publication of 1261-42 
Subsidy 
Certification by board of health 1261-39 
From state 1261-39 
Procedure, in payment of 1261-39 
Union with city health district 1261-20 
Glanders 
Description of, as occupational disease 1465-68a 
Laboratory examination for 1241 
Gonorrhea—See “Venereal Disease’’ 
Gonorrheal Ophthalmia 
Cases to be reported 1248-2 
Definition 1248-1 
Duty of department of health 1248-4 
Duty of health commissioner 1248-3 
Regulations for control of 1248-4 
Governor 
Annual report of department of health 1248 
Appointment, bedding advisory board 1038-31 
Appointment, directors of departments ..154-4 
Appointment, public health council 1234 
Approval of branch offices 154-17 
Approval of emergency rules 154-64 
Consolidation of offices 154-8 
May order cooperation of departments 154-21 
May require and fix amount of bond 154-14 
Powers of, under administrative code 154-1 
Removal of director of health * 1236-4 
Removal of member of public health council 1236-4 
Guilford Lake 
Designated as state park 469 
Gymnasium 
Council may maintain and operate 4065-1 374 
Halls 
Inspection by department of industrial relations 1031 
Health Commissioner 
Annual conference of 1245 
Application for diphtheria antitoxin 2500 
Certification of birth ..1261-66 
Communicable disease to be reported to 4427 
Consent to remove body required, when 1261-59 
Detention of mental case without warrant 1890-26 
Duty of, in hospitalizing cases of tuberculosis 3139-20 
Duty when communicable disease reported 4428 
Enumeration of crippled children sent to 4853-10 
General Health District 
Appointment 1261-19 
General duties of 1261-19 
Notice of appointment to director of health 1261-19 
Qualifications 1261-19 
Report of district advisory council 1261-18 
Term of office 1261-19 
Gonorrheal ophthalmia 1248-3 
Inflammation of eyes of newborn 1248-3 
Inspection of children’s home 1261-31 
Inspection of county home 1261-31 
Inspection of jails 1261-31 
Inspection of workhouse 1261-31 
Investigation, employment of minors 12993-3 
May be appointed acting coroner 2829 
May require examination of bakery employe 1090-29 
Original certificates of births, deaths and stillbirths 
sent to , 1261-49 
Public health council may remove 1261-26 
Report of deaths to election board 4785-46 
Reports to Ohio commission for blind 1248-3 
School of instruction for 1246 
To determine if transportation of crippled child necessary 4855 
To provide for examination of crippled children 4853-10 
Warrant for detention of mental case 4890-24 
Health District 
Creation of 1261-16 
Contribution to retirement fund 486-33f 
Employes, members of retirement system . 486-33a 
Employes, retirement contribution 486-33e 
Statement of retirement board 486-33g 
Hearing 
Date, time and place, how fixed 154-69 
Definition of 154-62 
Failure to notify, invalidates order 154-68 
How conducted 154-70 
Notice to licensee 154-68 
Order, how served 154-70 
State agency to conduct ..154-67 375 
Highways 
Closing by quarantine order 442(3 
Hog Cholera 
Transporting animal infected with; penalty 13373 
Hogs 
Feeding unwholesome offal and flesh to 12779 
Homes for Aged—See “Rest Home” 
Hospital—See also “Tuberculosis Hospital” 
Board of health to have control of communicable disease 4454 
Bond issue for communicable disease 4433 
Classification and definition 1236-6 
Contracts for care of tuberculosis cases 3139-18 
Council may erect and maintain, for communicable disease 4452 
For diseased prisoners 3668 
For mental diseases, to be licensed 1890-20 
Forms for registration and report 1236-6 
Inspection by department of industrial relations 1031 
Liability of municipality or township for hospital service 3480-1 
Maternity 
Adoptions to be reported 6267 
Births to be attended by qualified physician 6265 
Births to be reported 6265 
Burden of proof as to relationship 6277 
Coroner to investigate deaths, when certificate not filed 6269 
Deaths to be reported 6268 
Department of health to furnish forms for records 6270 
Inspection by health officials 6262, 6271 
License to operate 6259 
Limitation as to number of women and children 6261 
Record of birth, sickness and adoption 6266 
Record of revocation of license 6264 
Revocation of license 6263 
Secrecy of records 6274 
Terms and content of license 6260 
Unlawful to maintain without license 6276 
Motor Vehicle Injury 
Certification of per diem cost 6308-8 
Definitions 6308-7 
Municipal corporation may provide 3621 
Penalty for failure to use prophylactic in eyes of newborn 1248-6 
Quarantine 
Building may be seized in emergency 4456 
Municipality may establish 4456 
Person with communicable disease may be sent to 4428 
Who may be removed to 4455 
Record of prophylactic used. 1248-5 
Recovery for services to indigent 3484-2 
Refusing entrance of public officials; penalty 12933 
Registration and report 1236-6 
Removal of infected person from public institution 4444 
Report cases of gonorrheal ophthalmia 1248-2 
Report cases of inflammation of eyes of newborn 1248-2 HOSPITAL—Continued. 
Service for indigents; notice 3480 
Tax levy to compensate free public 4021 
Hotel 
Beds and bedding .843-11 
Bed in cook room, prohibited 843-14 
Cause for refusal to license 843-3 
Certificate of physician may be required 843-G 
Cleanliness of employes 843-5 
Containers for garbage 843-5 
Definition of ....843-1 
Employes to be free of contagious disease 843-6 
Food protected against flies, etc 843-5 
Fumigation, when required 843-13 
Insanitary condition in; penalty 12797 
Inspection by board of health 1261-26 
License for 843-3 
Plumbing, lighting and ventilation of 843-9 
Sanitation of 843-5 
Sanitation of bedding, etc 843-12 
Sterilization of cooking utensils 843-5 
Transfer of license 843-3 
Vermin in 843-12 
Wash room apart from bakery .....1013 
Water closet apart from bakery - 1013 
Water supply and sewerage for 843-10 
Humane Society 
Disposition of surplus dog and kennel fund 5653 
Hydrophobia 
Laboratory examination for 1241 
Ice 
Board of health may prohibit sale of domestic use 4465 
Board of health may regulate cutting and sale 4464 
Penalty for sale without permit.. 4466 
Permit to sell for domestic use 4464 
Ice Cream—See “Frozen Desserts” 
Ice Cream Factory 
Insanitary condition in; penalty .' 12797 
Ice Sherbet—See “Frozen Desserts” 
Illegitimate Child 
How made legitimate 1261-52a 
Name of 1261-52 
New birth certificate when, becomes legitimate 1261-52a 
Original certificate of birth not public record 1261-52a 
III Fame—See “Prostitution” 
Immunization 
Of pupils in public schools 4838-5 
Indian Lake 
Designated as state park 469 
Indigent Person—See “Indigents”; “Poor Relief” 3 77 
Indigents 
Admission to county home 9545 
County of legal settlement to pay expense of quarantine 4438 
Diphtheria antitoxin for 2500 
Medical care of, by board of health 4410 
Municipality or township of legal settlement to pay ex- 
pense of quarantine 4438-1 
Penalty for transporting 2555 
Removal of, when illegally transported 2555 
Industrial Commission of Ohio 
Administration of “lead” law 6330-1 
Bureau For Prevention of Industrial Accidents 
Creation of 1465-89a 
Claims barred after two years 1465-72a 
Medical boards of review 1465-68d 
Occupational Disease 
Attorney-general to prosecute actions 1465-100 
Claims barred, when 1465-72b 
Classification of occupations and industries 1465-53 
Compensation of disabled employes or dependents 14G5-68a 
Forms for reports 1465-99a 
Insurance fund 1465-53 
Premium according to risk 1465-53 
Prosecuting attorney to prosecute actions 1465-100 
Rates of premium 1465-53a 
Rating system 1465-53a 
Reports to employer 1465-99a 
Reports by physicians 1465-99a 
Schedule of - 1465-68a 
Silicosis referees to be appointed 1465-68a 
Transcript of birth and death certificates 1261-66a 
Industrial Waste 
Definition of 1240-1 
Department of health to have supervision of 1240-2 
Plans for disposal of, to be approved 1240-i 
Records to be kept and reported 1240-2 
Infant—See “Inflammation of Eyes of Newborn” 
Infant Welfare Stations 
Board of health may establish 1261-22 
Infectious Disease—See “Communicable Disease” 
Infirmaries—See also “County Home” 
Inspection by department of industrial relations 1031 
Inflammation of Eyes of Newborn 
Cases to be reported - 1248-2 
Definition 1248-1 
Duty of department of health 1248-4 
Duty of health commissioner 1248-3 
Penalty for failure to report 12787 
Regulations for control of •* 1248-4 
Injunction—See “Nuisance” 
Insects 
Sanitary district to provide for extermination and prevention 6602-35 Inspector of Nuisances 
Appointment 12661 
Duties and powers 12662 
Prosecuting attorney is legal advisor 12662 
Inter-Municipal Improvements 
Municipalities may join in 3615-1 
Procedure to effect 8615-1 
Jails 
Inspection by board of health 1261-26 
Inspection by health commissioner 1261-31 
Physical examination of inmates 1261-31 
Journal 
Each department shall keep 154-18 
Justice of the Peace 
When may act as coroner 2829 
Juvenile Court 
Approval, placing child in foster home 10512-16 
Care, treatment and education of crippled children 4853-10 
Juvenile Judge 
Enumeration of crippled children 4853-9 
Label 
For bedding 1038-26 
Ingredients in bakery 1090-34 
Soft drink bottles 1089-12 
Laboratory- 
Blood test of applicants for marriage license 11188 
Board of health may establish 1261-27 
Department of health may establish 1241 
Director of health to have charge 1242 
Examinations to be made in 1241 
Insanitary condition in; penalty 12797 
Testing, bedding material 1038-29 
Lake 
Investigation of uses and pollution 1240-3 
Penalty for depositing refuse in 12647 
Lake Loramie 
Designated as state park 469 
Lake St. Marys 
Designated as state park 469 
Lands 
Municipal corporation may acquire, lease, etc 3631 
Lead—See "Occupational Disease” 
Lead Poisoning 
Description of, as occupational disease 1465-68a 
Legal Settlement 
County commissioners to pay for medical and hospital 
service for indigents 3484-2 
Definition 3477 
Municipality of, liable for medical and hospital service 3480-1 379 
LEGAL SETTLEMENT—Continued. 
Removal of indigent person to county of 3484 
Removal of pauper to county of 3482 
Who considered as having 3479 
Lewdness—See also “Nuisance”; “Prostitution” 
Abatement and injunction, as related to place of 6212-1 et seq 
Place where conducted, defined as a nuisance 6212-1 
License 
Appeal, on denial or revocation of 154-73 
Authority of municipal corporation 3672 
Definition of 154-62 
Denial of registration 154-67 
Disposal of dead animals 1177-60 
For cold storage warehouse 1155-7 
For combined hotel and restaurant 843-3 
For hotel 843-3 
For maternity hospital 6259 
For mental disease hospital 1890-20 
For restaurant 843-3 
For transient dealer 3673 
Issuance, renewal or denial of, by state agency 154-67 
Locker and branch locker plant 1155-21 
Plumbers, sewer tappers, vault cleaners 3637 
Revocation of, for locker plant 1155-27 
Revocation of, to dispose of dead animals 1177-74 
Licensee 
Right to continue business, when 154-67 
Lighting 
Hotels and restaurants 848-9 
Of cannery 1090-8 
Live Stock 
Not to be kept near cannery 1090-7 
Locker 
Definition 1155-20 
Locker Plant—See “Cold Storage” 
Lodging Houses 
Licensed on request 848-3 
Lunch Rooms 
In school buildings 4839-6 
Manganese Dioxide Poisoning 
Description of, as occupational disease 1465-68a 
Maple Sugar—See “Food” 
Marriage 
Banns 
Evidence of examination and blood test filed in 
probate court 11186 
Physical examination and serological test required 11186 
Physician’s statement as to communicable syphilis 11186 
Publication of 11186 
Confidential character of records 11188 
License 
Application for, how made 11188 
Issuance of, prohibited in certain cases 11187 380 
MARRIAGE; LICENSE—Continued 
Laboratory statement as to blood test 11188 
Physician’s statement relative to syphilis 11188 
Probate judge to issue 11186 
Waiver of waiting period 11188 
Penalty for violation of license law 11188 
Physical examination by physician 11188 
Serological Blood Test 
Approval of laboratories to make 11188 
Laboratory statement 11188 
Required of applicants ,*■ 11188 
Market Places 
Municipal corporation may establish 3638 
Maternity—See “Hospital” 
Maternity and Infancy 
Acceptance of federal act 1237-1 
Authorized to receive funds for 1237-3 
Division of child hygiene to administer 1237-1 
Medical and nursing service 1237-4 
Plans to be approved 1237-2 
Restrictions on operation 1237-2 
Maternity Homes—See “Hospital, Maternity” 
Maternity Hospital—See also “Hospital, Maternity” 
Penalty for failure to use prophylactic in eyes of newborn 1248-6 
Penalty for violation of law relating to 12789 
Record of prophylactic used 1248-5 
Report cases of gonorrheal ophthalmia 1248-2 
Report cases of inflammation of eyes of newborn 1248-2 
Mattress—See “Bedding” 
Mattress Protector—See “Bedding” 
Mayor 
Appointment of members of board of health removed 
by public health council 1261-25 
Appointment of member of city board of health 4404 
President of city board of health 4404 
Meat—See “Food” 
Medical Boards of Review 
Appointment and duties 1465-68d 
Medical College 
Use of unclaimed dead bodies 9984 
Medical Institutes 
Inspection by department of industrial relations 1031 
Medical Relief 
When furnished by county commissioners 2546 
Medicine 
Definition 12665 
Distribution of, containing poison 12664 
Membranous Croup—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Disposal of body dead from 4440 381 
Mental Diseases 
Detention without warrant .1890-26 
Division of, created 1890-20 
Care of mental cases under detention 1890-24 
License for institutions accepting cases 1890-20 
Warrant of detention 1890-24 
Mercury Poisoning 
Description of, as occupational disease 1465-68a 
Midwife 
Report of birth of child. 1261-52 
Milk—See also “Dairy Products” ; “Food” 
Analysis of dairy products 4462 
Babcock test 12722 
Board of health to issue permit 4459 
Condensed, to be made of pure, clean, etc 12725 
Cream under required standard; penalty 12716-2 
Dairyman to report communicable diseases 4460 
Definition 12736 
Definition of “adulterated” 12716 
Delivery of adulterated, to cheese or butter factory 12726 
Inspection of dairies 4461 
Keeping unhealthy cow for production of 12729 
Manipulating tests 12724 
Misrepresentation as to pure; penalty 12719 
Per cent of milk fat cream shall contain 12716-1 
Price paid producer on basis of butter-fat 12720-1, 12721 
Record of dealers 4459 
Refilling bottles 12730 
Retention of samples tested 12724 
Sale of adulterated; penalty 12717, 12718 
Sale of standardized, not prohibited when labeled 12719 
Selling falsely branded or labeled 12728 
Selling impure or unhealthy 12727 
Selling incorrectly marked measure 12723 
Skimmed, must be labeled if sold 12720 
“Standard measure” or “pipette” defined 12723 
Milk Depot 
Insanitary condition in; penalty 12797 
Milk Products—See “Frozen Desserts” 
Milk Sherbet—See “Frozen Desserts” 
Minors—See also “Temporary Legislation” Page 336 
Age and schooling certificate required 12993-2 
Department of health to determine if particular employ- 
ment of, should be prohibited 13003, 13007-4 
Employment of, during school hours 12993-1 
Employment of, in factories, etc 12993 
Employment of, in irregular service 12993-3 
Inspection of place of employment 12993-2 
Penalty for sale of compounds containing poison to 12666 
Misdemeanors 
Municipal corporation may provide punishment for 3628 382 
Mosquitoes 
Sanitary district to provide for extermination and pre- 
vention 6602-35 
Motor Vehicle Injury 
Definition 6308-7 
Municipal Corporations 
Abandonment of cemetery 3472 
Acquire, lease and hold lands 3631 
Action for recovery of penalty 1261 
Additional powers 3039 
Additional rates for water service 1258-1 
Appointment of sanitary board 4472 
Appropriation of land outside municipality 3678 
Appropriation of property, procedure 3679 
Appropriation of property, purpose 3677 
Auctioneering 3634 
Bond issue for communicable disease hospital 4453 
Burials may be prohibited in 4157 
Burials of unclaimed bodies 3495 
Cemeteries and crematories 3622 
City engineer to devise plan of sewerage 3871 
Communicable diseases 3646 
Complaint of impure water supply 1252 
Complaint of pollution of water supply 1249 
Complaint of stream pollution 1249 
Construction and care of sidewalks 3853 
Contaminated or inadequate water supply 1252-4 
Contract for the enforcement of building regulations 2481 
Contribution to retirement fund 486-33f 
Council may contract for disposal of waste substances 4470 
Council may erect and maintain hospital for communi- 
cable disease 4452 
Council may provide a water supply 3955 
Council may regulate price of electric light, gas and water 3982 
Council shall provide dump grounds 4463 
Council shall provide for expenses of board of healtth 4451 
Defense for non-support of pauper 3478 
Disposition of surplus water funds 3959 
Drainage of stagnant water 3647-1 
Emergency funds, how secured 1259-1 
Employes, members of retirement system 486-33a 
Employes, retirement contribution 486-33e 
Enforcement of ordinance regulating cemeteries 4155 
Erection of buildings 3636 
Erection of fences, etc 3637 
Establish and care for streets, etc 3629 
Fill lots and remove obstructions 3653 
Food and food products 3652 
Funds to comply with order of director of health 1259 
Garbage 3649 
General powers of 3615 
Hospitals 3621 383 
MUNICIPAL CORPORATIONS—Continued. 
Hospitals for diseased prisoners 3668 
Impounding animals 3633 
Imprisonment, when fine and costs not paid 3666 
Inter-municipal improvements 3615-1 
Jurisdiction of police court 4577 
Jurisdiction of property used for municipal purpose 4577 
Jurisdiction; state plumbing inspector 1261-3 
Jurisdiction, to prevent water pollution 12784 
Labor in prison 3667 
Lease or sale of corporate property 3698 
Liability for medical and hospital service for indigents 3480-1 
License for transient dealers 3673 
License of plumbers, sewer tappers and vault cleaners 3637 
Licensing power 3672 
Maintain and operate playgrounds, etc 4065-1 
Maintenance of physician 3646-1 
Market places 3638 
May authorize employment of scavengers 4463 
May establish quarantine hospital 4456 
May provide cemeteries outside limits 4154 
Medical and hospital service, as poor relief 3480 
Misdemeanors 3628 
Notice to cut noxious weeds 4245 
Nuisances 3650 
Officers to visit persons requiring relief 3481 
Order to appoint operator of water purification and 
sewage treatment works 1256 
Order to correct pollution of water supply 1254 
Order to improve sewage treatment works 1255 
Order to improve water purification works 1255 
Ordinances and resolutions, how adopted 4227 
Plans and real estate for sanitary plant 4468 
Police regulations effective outside municipality 3658-1 
Pollution of public water supply 1253 
Poor relief 3476 
Powers expressed by ordinance or resolution 3616 
Preserve peace and protect property 3658 
Primary registration district for vital statistics 1261-46 
Procedure to secure removal of non-resident indigents 3484-1 
Public baths, bath houses, etc 3648 
Punishment for breach of the peace 3665 
Punishment for disturbance of the public peace 3664 
Regulate use of vehicles and streets 3632 
Regulation of water closets, plumbing, etc 4420 
Removal of indigent person to county of legal settlement 3484 
Right of visitation of public institutions 4665 
Sanitary regulations effective outside municipalty 3658-1 
Sanitary requirements for workshops and factories 1010 
Sanitation of buildings 3639 
Service connections - 3812-1 
Sewage disposal works - 3647 
Sewers 3647 384 
MUNICIPAL CORPORATIONS—Continued. 
Special assessments, how made 3812 
Statement of retirement board 486-33g 
Supervision and control of streets, etc 3714 
Suppress disorderly conduct 3660 
Tax limitation 3785 
Tax to compensate free public hospital 4021 
To pay expense of indigent quarantined in another 
city or township 4438-1 
Water closets and privies 3647 
Water supply 3610 
Who considered as having legal settlement 3470 
Naphtha Poisoning 
Description of, as occupational disease 1465-68a 
Narcotic Drugs 
Disposal of forfeited 12672-13 
North Reservoir 
Designated as state park 469 
Notice 
Of hearing by state agency 154-68 
Required by administrative code 154-25 
State fire marshal, how served 843-14 
Nuisance—See also “Prostitution” 
Actions to have precedence 6212-5 
Approved motion picture film excepted 6212-1 
Bond may be required of complainant 6212-3 
Certain businesses prohibited near state institutions 12655 
Contents of judgment and order 6212-6 
Contents of privy vaults 12650 
Corporations may be prosecuted for maintaining 4415, 12657 
Court to punish offender for violation of injunction or order 6212-8 
Criminal proceedings, where existence is established 6212-7 
Dead human bodies 12684 
Defiling well or spring 12654 
Definition of 1 12646 
Depositing dead animal, offal, etc., upon land or in water 12649 
Depositing wastes into lakes, streams, etc 12647 
Duties of prosecuting attorney 6212-7 
Effect of court order to abate 6212-4 
Fine and costs, lien on property 12648 
Injunction proceeding, where brought 6212-4 
Inspection and abatement, by board of health 1261-26 
Inspector 
Appointment of 12661 
Duties of 12662 
Judgment for fine and costs, how collected 12660 
Lease void, if building used for lewd purposes 6212-12 
Municipal corporation to abate 3650 
Obstructing ditch or drain 12653 
Parties to action 6212-10 
Penalty for maintaining 12646 
Penalty for refusing to obey order to abate 4414 N UISANCE—Continued. 
Penalty for violating injunction or order 6212-8 
Place where prostitution is conducted 6212-1 
Procedure in abatement 4421, 4422 
Proceedings in contempt 12658 
Property liable for fine and costs 12656 
Public officer may be substituted for complainant 6212-5 
Regulations to prevent and abate 1261-42, 4413 
Special tax against owner of real property 6212-9 
Venue of action to abate 12659 
What constitutes 12646 
Who guilty of maintaining 6212-2 
Who may bring action to abate 6212-3 
Oath 
Director of health may administer 1234-1 
Oath of Office 
Filed with secretary of state 154-14 
For officers of departments 154-14 
Occupational Disease 
Claims barred, when 1465-721) 
Classification of occupations and industries 1465-53 
Compensation of disabled employes or dependents 1465-68a 
Copy of report sent to department of industrial relations 1243-4 
Definition of 1465-68a 
Forms for reporting 1243-2, 1465-99a 
Insurance fund 1465-53 
Investigation of 1465-89a 
Lead 
Constitutionality of act 0330-11 
Duties of employes 6330-4 
Effective date of act 6330-12 
“Employer” defined 6330-10 
Employers to furnish safety appliances 6330-3 
Enforcement of law 6330-8 
Industrial commission to prescribe devices, etc., to 
prevent 6330-1 
Manufacturing and handling, declared dangerous to 
health 6330-2 
Medical examination of employes 6330-6 
Notices to be posted and explained 6330-5 
Penalty for violation by employer or employe 6830-9 
Records and reports of medical examination 6330-7 
Sanitary equipment 6330-3 
Working rooms 6330-3 
Medical boards of review 1465-68d 
Penalty for not reporting 1243-5, l465-99a 
Physicians to report 146o-99a 
Prosecution of actions 1465-100 
Rating system 1465-53a 
Rates of premium 
Reported to department of health 1243-1 
Reports not used as evidence 1243-3 386 
OCCUPATIONAL DISEASE—Continued. 
Reports to employer 1465-99a 
Schedule of 1465-68a 
Offal 
Depositing upon land or in water; penalty 12649 
Failure to bury or burn, of fish; penalty 12782 
Feeding unwholesome, to hogs; penalty 12779 
Ohio Commission for the Blind 
Cases of inflammation of eyes to be referred to 1248-3 
Ohio State Sanatorium 
Admission and discharge of patients... 1841, 2035 
Apportionment of patients to counties 20-"5 
Care, education and treatment of children 2068-1 
County having tuberculosis hospital not compelled to 
pay for patients 1815-15 
Disposition of receipts 2072 
Duty of department of public welfare 1815-13 
Duty of superintendent 2068 
Expense to be paid by county 1816 
Gifts, legacies, etc 2071 
Monthly reports to state auditor 2072 
Out-door labor for patients 2070 
Probation period for patients 2069 
Purpose of institution 2054 
Rates for care, treatment, etc 2068 
Support of patients, how determined 1815-14 
Support of patients in 1815-13 
Who entitled to admission 2068 
Ohio Water Supply Board 
Advisory committee 375-6 
Annual report to governor 375-9 
Compensation and expenses of members 375-1 
Cooperation by public authorities 375-3 
Creation of 375 
Gifts, contributions, etc 375-4 
Information and statistics, how secured 373-8 
Meetings 375-5 
Meetings of advisory committee 375-7 
Membership of 375 
Powers and duties of 375-2 
Secretary and technical assistants 375-1 
Oil Wastes 
Fine and costs, lien on property 12648 
Penalty for depositing into lake, stream, etc 12647 
Oleomargarine 
Definition * 12735 
Placard to be displayed by dealers; penalty 12731 
Placard to be displayed by hotel, etc.; penalty... 12732 
Use of excess degree of color; penalty 12734 
Using dyes in; penalty 12733 
Opera Houses 
Inspection by department of industrial relations 1031 387 
Ophthalmia Neonatorum—See “Inflammation of Eyes 
of Newborn” 
Orders—See also “Regulations” 
Action for recovery of penalty 1261 
Appeal to supreme court 1258-8 
Appointment of referees 1257 
Contaminated water supply 1254 
How funds secured to comply with 1259 
Improvement of sewage treatment works 1255 
Improvement of water purification works 1255 
May be reversed, vacated or modified by supreme court 1258-2 
Penalty for failure to comply with 1269 
Penalty for violation of 4414 
Procedure on appeal 1258-4 
Report of referees 1258 
Stream pollution nuisance 1251 
Supreme court only has jurisdiction 1258-6 
To appoint competent operator for treatment plant 1256 
Transcript of record to supreme court 1258-4 
Validity of 1258-7 
Water rates may be increased, when 1258-1 
Ordinance 
Amendment of 4226 
Authentication of 4227 
Certificate of clerk as to publication 4231 
Effective date of 4227 
Effect of failure to publish 4238 
How received as evidence ..,..4235 
Procedure in adopting 4227 
Proof of publication of 4228 
Publication in book form 4230 
Publication of 4228 
Recording of 4227 
Repeal of 4226 
Style of 4225 
Times of publication required 4229 
Title, what to contain 4226 
Packing House 
Insanitary condition in; penalty 12797 
Pad—See “Bedding” 
Pandering 
Definition; penalty 13031-1 
Park District 
Contribution to retirement fund 486-33f 
Employes retirement contribution 486-33e 
Statement of retirement board 486-33g 
Park District Employes 
Members of retirement system 486-33a 
Pauper—See “Poor Relief” 
Penal Institution—See also “Public Institution” 
Inspection by health commissioner 1261-31 388 
PENAL INSTITUTION—Continued. 
Physical examination of inmates 1261-31 
Penalty 
Animals 
111 treatment of 13376 
Permitting sheep with foot-rot to run at large 13365 
Selling carcass of diseased 13361 
Transporting hog with cholera 13373 
Burners giving off obnoxious gases 12798-6 
Careless distribution, samples of medicine containing poison 12664 
Cheese 
Erasing or cancelling label on filled or skimmed 12748 
Placard of vehicle selling imitation 12738 
Posting placard where imitation sold 12739 
Selling imitation or substitute 12737 
Selling imitation without proper wrapper or label 12747 
Selling skimmed, without label 12746 
Corpse nuisance 12684 
Creating or maintaining nuisance 12646 
Dairy Products 
Falsely marked imitation of 12730 
Fraudulent shipment of 12749 
Improper use of word “butter” 12753 
Labeling and packing renovated or processed butter 12756 
Mixing improper articles with butter or cheese 12752 
Restrictions on sale of artificial 12740, 12741 
Selling imitation or substitute, without proper brand 
or label 12742 
Unlawful manufacture or sale of renovated or proc- 
essed butter 12755 
Use of imitation, at public institutions 12754 
Defiling well or spring 12654 
Depositing dead animal or offal upon land or in water 12649 
Depositing poison on thoroughfare 12663 
Depositing wastes into lake, stream, etc 12647 
Detention of dead body 12692 
Dog wearing fictitious or altered tag 5652-15 
Exposing a person to contagious disease 12785 
Failure of dog warden to perform duties 5652-14b 
Failure to apply for registration of dog 5652-14 
Failure to comply with order of director of health 1252-6, 1260 
Failure to dispose of fish offal 12782 
Failure to properly dispose of animal dead from con- 
tagious disease 12780 
Failure to provide toilet room at railroad station 8928 
Failure to register dog 5652 
Failure to report inflammation of eyes of newborn infant 12787 
Failure to report occupational disease 1465-99a 
Failure to secure approval of plans for garbage disposal 1240-1 
Failure to secure approval of plans for industrial waste 
disposal 1240-1 
Failure to submit plans for water supply or sewerage 1240 389 
PENALTY—Continued. 
Failure to use prophylactic in eyes of newborn 1248-6 
Feeding unwholesome offal or flesh to hogs 12779 
Food 
Adulteration of maple sugar or syrup 12764 
Adulteration of vinegar 12774 
Failure to label package containing maple sugar or 
syrup 12766 
Fraudulent use of word “maple” 12765 
Labeling “soaked” goods 12777 
Manufacture and sale of adulterated candy 12762 
Selling unwholesome provisions 12760 
Slaughter of calf for human consumption 12761 
Unlabeled fruits and vegetables 12775 
Food and Drug 
Confiscation and destruction of machinery, etc., used 
in adulterating 12758-1 
Selling adulterated or misbranded 12758 
Insanitary conditions in workshops and factories 1011 
Maintaining certain businesses near state institutions 12655 
Milk 
Delivering adulterated, to cheese or butter factory 12726 
Failure to retain samples tested 12724 
Keeping unhealthy cow for production of 12729 
Manipulating Babcock or other tests 12724 
Misrepresentation as to pure 12719 
Not paying producer on basis of butter-fat content 12720-1, 12721 
Refilling bottles 12730 
Selling adulterated 12717, 12718 
Selling condensed, not made from pure, clean, etc 12725 
Selling cream under required standard 12716-2 
Selling falsely branded or labeled 12728 
Selling impure or unhealthy 12727 
Selling incorrectly marked measure 12723 
Selling unlabeled skimmed 12720 
Using other than standard measure or pipette 12722 
Misstatement by common carrier 4446 
Mutilation or destruction of dead human body 13391-1 
Obstructing ditch or drain 12653 
Oleomargarine 
Failure of dealer to display placard 12731 
Failure of hotel, etc., to display placard 12732 
Use of excessive degree of color 12734 
Use of unhealthy dyes • • 12733 
Operating rest home without license 6289-10 
Permitting diseased animal to run at large 13364 
Practicing as funeral director without license 1335-7 
Practicing embalming without license 1344 
Prostitution 
Causing wife to be a prostitute 13031-4 
Detention of female in house of 13031-5 
First and second degree of guilt 13031-17 390 
PENALTY; PROSTITUTION—Continued 
Maintaining a place for prostitution 13031 
Pandering 13031-1 
Placing a female for immoral purposes 13031-2 
Receiving money for placing female in house of 13031-3 
Using force, fraud, etc., to induce female to be- 
come prostitute 13031-9 
“White slave” traffic 13031-6 
Putting dead animal in canal 12783 
Refusing entrance of public officials to public or private 
institutions 12993 
Refusing entrance to representative of department of 
agriculture 12737 
Refusing to deliver corpse 12689 
Selling compounds containing poison to minors 12666 
Selling compounds containing poison without labeling 12667 
Selling ice for domestic use without permit 4466 
Stealing registered dog 5652-T 
Transfer of, by administrative code 154-24 
Tranporting indigents 2555 
Unlawful possession of dead body 9989, 12691 
Unlawful use of dead body 12693 
Using bedding material in contact with communicable disease 1038-33 
Violation of bedding law 1038-33 
Violation of cold storage law 1155-19 
Violation of frozen desserts law 12730-Id 
Violation of injunction or order to abate nuisance 6212-8 
Violation of law relating to maternity hospitals 12789 
Violation of lead law 6330-9 
Violation of marriage license law 11188 
Violation of orders or regulations by corporation 4415 
Violation of orders or regulations of board of health 4414 
Violation of orders or regulations of department of health 1247 
Violation of plumbing inspection law 1261-14 
Violation of rules governing state parks 479-1 
Violation of vital statistics law 1261-68 
Permit 
To sell meat and milk 4459 
Person 
Definition of 154-62 
Petroleum Products Poisoning 
Description of, as occupational disease 1465-68a 
Phosphorus Poisoning 
Description of, as occupational disease 1465-68a 
Physician 
Certificate from, of recovery from communicable disease 4432 
Duty to report communicable diseases 1243, 4427 
Duty to report occupational diseases 1243-1, 1465-99a 
Examination of applicants for marriage license 11188 
For county home ...2546 
Liability of municipality or township for medical service 3480-1 
May apply for diphtheria antitoxin .2500 PENALTY—PHYSICIAN—Continued. 
Medical statement on certificate of death 1261-62 
Municipal corporation may provide maintenance, when 3646-1 
Notice of medical service to indigents 3480 
Penalty for failure to report occupational diseases 1243-5 
Penalty for failure to use prophylatic in eyes of newborn 1248-6 
Precautionary measures in communicable disease 4430 
Record of prophylactic used 1248-5 
Recovery for services to indigent 3484-2 
Report cases of gonorrheal ophthalmia 1248-2 
Report cases of inflammation of eyes of newborn 1248-2 
Report of birth of child 1261-52 
Pillow—See “Bedding” 
Plague—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Disposal of body dead from 4440 
Playground 
Council may maintain and operate 4065-1 
Pleasure Resort—See “State Parks” 
Plumbers 
Municipal corporation may license * 3637 
Plumbing 
In bakeries 1012 
In hotels and restaurants 843-10 
Regulation by board of health or building department 4420 
State Inspector 
Appointment of 1261-2 
Approval of plans and specifications 1261-2 
Bond 1261-7 
Certificate of approval 1261-5 
Duties of 1261-3 
Duty of owner to comply with notice 1261-13 
Fees for permit and fixtures installed 1261-6 
Jurisdiction in municipal corporations 1261-3 
Not to engage in plumbing business 1261-8 
Penalty for violation of law 1261-14 
Permit to install plumbing required 1261-6 
Prosecutions 1261-15 
Qualifications 1261-2 
Reports 1261-10 
Revocation of certificate of approval 1261-5 
Right of entry 1261-10 
Salary and traveling expenses 1261-9 
Subject to orders of director of health 1261-4 
Poison 
Definition 1266-) 
Distribution of samples of medicine containing 12664 
Exceptions to requirement for label 12668, 12671 
Labeling compounds containing 12667 
Penalty depositing on thoroughfare 12663 
Regulation of sale of 12666, 1266/ 
State board of pharmacy to enforce law 12671-1 392 
Police Court 
Jurisdiction of property used for municipal purposes 4577 
Police Officer 
Duty to enforce state health regulations 1288 
Poor Relief 
Administration of 3391-2 
Alien applicants for relief 3391-2 
Central clearing office for purpose of records 3391-2 
City constitutes local relief area, when 3391-1 
Civil action to recover cost of removal of pauper 3483 
Cost of removal of pauper, how paid 3482 
County constitutes local relief area 3391-1 
Defense for non-support of pauper 3478 
Definitions 3391 
Duties of director of public welfare 3391-3 
How paid 3391-2 
Legal settlement defined 3477 
Liability for medical and hospital service 3460-1 
Medical and hospital service 3480 
Medical and hospital service for indigent 3484-2 
Officers to visit persons requiring relief 3481 
Order for removal of indigent person 3484-1 
Removal of indigent person to county of legal settlement 3482, 3484 
Rules governing administration 3391-3 
Tax levy for 3391-1 
Township trustees may act, when .....3391-1 
Trustees and municipal officers shall afford 3476 
Who considered having legal settlement 3479 
Who eligible for 3391-2 
Who not eligible for 3391-2 
Portage Lakes 
Designated as state park 469 
Potassium Cyanide Poisoning 
Description of, as occupational disease 1465-68a 
Premarital Examination—See “Marriage” 
Prenatal Clinics 
Board of health may establish 1261-22 
Prepatellar Bursitis 
Description of, as occupational disease.... 1465-68a 
Privy Vaults 
For workshops and factories 1010 
How contents to be disposed of 12650 
Municipal corporation may regulate use of 3647 
Regulation of, by board of health or building department 4420, 4421 
Probate Court 
Certification of birth 1261-66 
Correction of birth record..... 1261-57 
Decree of adoption filed with department of health 1261-55 
Marriage License 
How and when issued 11186, 11188 
Issue of, prohibited in certain cases 11187 393 
PROBATE COURT; MARRIAGE LICENSE—Continued. 
Issued to soliders, etc 11186 
Waiver of waiting period 11188 
Order for removal of indigent person 3484-1 
Procedure in adoption 10512-10 et seq 
Procedure to establish record of birth 1361-57 
Procedure to replace lost or destroyed record of birth 1361-57 
Probate Judge 
Certificates of births, deaths and stillbirths 1261-49 
Order for removal of pauper 3482 
Record of births, deaths and stillbirths .1261-49 
Procedure 
Abatement of nuisances 4421, 4422 
Appeal from orders of director of health 1257 
Combination of general health districts 1261-21 
Contracts of cities for health services 1261-20 
Correction of birth record 1261-57 
Fines and costs, how paid 4418 
On charge of contaminated or inadequate water supply 1252-5 
Prosecution by board of health 4417 
Prosecution by department of health 1247 
Registration of birth occurring outside of state 1261-56 
To establish birth record 1261-57 
To replace lost or destroyed birth record 1261-57 
To secure payment for quarantine of indigents 4438, 4438-1 
Union of general and city health districts 1261-20 
When health commissioner or members of board of 
health removed 1261-25 
Property 
Compensation for destroyed 4435 
Destruction of infected 4434 
Prophylactic 
Department of health to provide 1248-4 
Penalty for failure to use 1248-6 
Physician must use in eyes of newborn 1248-5 
Record of use to be made 1248-5 
Use of, in eyes of newborn 1248-4 
Prosecuting Attorney 
Action to abate certain nuisances .6212-3 
Legal advisor of board of health 1261-37 
Legal advisor of inspector of nuisances 12662 
Prosecution of actions for industrial commission 1465-100 
Prosecutions 
By department of health 1247 
Fines and costs, how paid 4418 
How instituted by board of health 4416 
Procedure 4417 
Prostitution—See also “Nuisance” 
Abatement and injunction as related to place of 6212-1 et seq 
Competency of evidence 13031-11 
Competency of witness 13031-7 
Constitutionality of act 13031-18 394 
PROSTITUTION—Continued. 
Definition of terms 6212-1, 13031-14 
First and second degree guilt defined 13031-16 
Keeping a child in a place of; penalty 13031 
Maintaining a place for, prohibited 13031-13 
Medical examination required i 13031-17 
Municipal corporation to suppress 3660 
“Pandering” defined; penalty 13031-1 
Place where conducted, defined as nuisance 6212-1 
Placing a female for immoral purposes; penalty 13031-2 
Prior conviction and testimony admissible as evidence 13031-15 
Search warrant 13031-8, 13031-10 
Unlawful to keep a place for; penalty 13031 
Woman probation officer 13031-17 
Public Employes Retirement System 
Amount and manner of payment 486-33b 
Beneficiary elects manner of payment 486-67 
Composition of retirement board 486-34 
Contribution by employers 486-33f 
Contribution of employes 486-33e 
Created 486-33 
Credit for service 486-33b 
Deficiency contribution fund 486-68a 
Deficiency contribution rate 486-68c 
Definitions 486-33c 
Disability beneficiaries 486-64 
Disability retirement allowance 486-63 
Election of employe members 486-35 
Emergency employment of retired persons 486-63b 
Exemptions from membership 486-33 
Individual accounts of members 486-49 
Leave of absence 486-65a 
Medical examination for disability 486-62 
Membership compulsory 486-33 
Membership in .486-33 
Membership shall cease, when 486-65a 
Method of computing allowance 486-63a 
Military service, effect of 486-47 
Normal contribution fund 486-68a 
Normal contribution rate 486-68b 
Payment on death of contributor 486-66 
Payments by state to accumulation fund 486-68d 
Prior service 486-33b 
Prior service credit 486-47 
Rate of contribution 486-68 
Refund of payments 486-33b 
Retirement of members ..486-59 
Statement of retirement board 486-33g 
Superannuation allowance 486-61 
Superannuation retirement 486-60 
Withdrawal of contributions 486-65 395 
Public Gatherings 
Board of health may prohibit 4448 
Public Health Council 
Advisory to director of health 1235 
Appeals to 1235 
Appointment of 1234 
Approval of finding and order of director of health 1251 
Approval of order to correct pollution of water supply 1254 
Chairman, how selected 1234 
Consent to appoint board of health required 1261-24 
Create divisions and bureaus 1235 
Duties relative to vital statistics 1261-44 
Hearing on findings and order of director of health 1251 
Hearing on pollution of public water supply 1253 
Hearings to be given, when 1235 
May prescribe items for certificates of birth, deaths 
and stillbirths 1261-52 
May remove health commissioner 1261-25 
May remove members of board of health 1261-25 
Meetings of 1234 
Not to exercise administrative or executive duties 1235 
Per diem of 1234 
Powers and duties of 1235 
Procedure on charge of contaminated or inadequate 
water supply 1252-5 
Publication of regulations 1236 
Qualification of members 1234 
Quorum , 1234 
Regulations, how adopted 1236 
Removal of director of health 1236-4 
Removal of member of 1236-4 
Rule-making power 1235 
Secretary, how designated 1234 
Term of office 1234 
Vacancies, how filled 1234 
Public Health Manual 
Director of health to publish and distribute 154-66, 1236-1 
Contents of 154-66, 1236-1 
Public Health Nurse 
Appointment in city health district 4411 
Appointment in general health district 1261-22 
Qualifications 4411 
Public Institutions 
Admission of persons suffering from communicable disease 4441 
Expense of quarantining 4439 
Inspection by board of health 1261-26 
May be registration district 1261-46 
Refusing entrance of public officials; penalty 12933 
Removal of infected persons to hospital 4444 
Right of visitation 4665 
Superintendent to be registrar of vital statistics 1261-47 PUBLIC INSTITUTIONS—Continued. 
Temporary buildings for infected persons 444°) 
Use of imitation butter or cheese at 12754 
Public Library 
Contribution to retirement fund ■. 486-33f 
Employes of, members of retirement system 486-33a 
Employes retirement contribution 486-33e 
Statement of retirement board 486-33g 
Public Utilities Commission 
Application for increase in water rates 1258-1 
Investigation of failure to provide toilet room at rail- 
road station 8927 
Penalty for failure to provide toilet rooms at railroad 
station 8928 
Public Water Supply—See “Water Supply” 
Pymatuning Lake 
Designated as state park 469 
Quarantine 
Board of health may adopt and enforce regulations 4425 
Board of health to support quarantined persons 4436 
Cases of communicable diseases 4429 
County public institution 4439 
Effect on common carriers 4445 
Expense of, how paid 4436 
Guards may be employed 4431 
How effected 4429 
How removed 4429 
Medical care of quarantined persons 4436 
Municipality or township of legal settlement to pay 
for indigents quarantined 4488-1 
Penalty for common carrier making misstatement rela- 
tive to 4446 
Persons quarantined not to attend school 4437 
Regulations affecting common carriers 4447 
Regulations to be approved by department of health 4426 
Transportation facilities 4425 
When approval of department of health necessary 4426 
Quarantine Hospital—:See “Hospital” 
Quilt—See “Bedding” 
Rabies—See also “Dogs” 
Proceedings by county commissioners 5852 
Quarantine of dogs 5652-16 
Reimbursement of person injured by rabid dog 585] 
Radium Poisoning 
Description of, as occupational disease 1465-68a 
Railroad 
Toilet room at station required 8926 
Real Property 
Abatement and injunction, if used for lewd purposes 6212-1 et seq 397 
Record Bureau 
Trustees of county or district tuberculosis hospital may 
establish 8139-22 
Records 
Construction, etc., water supply, filed with department 
of health 1252-1 
Each department shall keep 151-18 
Food in locker plant 1155-26 
Kept by board of health 4409 
Recreation Center 
Council may maintain and operate 4065-1 
Referees , 
Appointment of 1257 
Fees and expenses 1258 
For silicosis cases 1465-68a 
Powers of 1258 
Report of 1258 
State agency may appoint 154-70 
Reformatory 
Refusing entrance of public officials; penalty 12933 
Refrigeration 
Locker plant system 1155-24 
Refuse—See “Waste Disposal District” 
Registration District—See “Vital Statistics” 
Regulations 
Adopted by public health council 1236 
Board of health, how adopted 1261-42, 4413 
Buildings in unincorporated communities 2480 
Certification to secretary of state 161-1 
Control of gonorrheal ophthalmia 1248-4 
Control of inflammation of eyes of newborn 1248-4 
County building regulations to be published 2482 
Emergency, how adopted 1261-42, 4413 
Governing construction, etc., of public water supply 1252-1 
Governing rest homes 6289-9 
Penalty for violation, of board of health 4414 
Police and sanitary, for lands outside municipality 3658-1 
Procedure in adoption of 1261-42, 4413 
Registration of vital statistics 1261-44 
Subject matter of 1261-42, 4413 
Report 
Annual and special of board of health 4476 
Annual, by department of health 1248 
Annual, by state departments 154-22 
Resolution—See “Ordinance” 
Restaurant 
Bed in cook room prohibited 843-14 
Certificate of physician may be required 843-6 
Cleanliness of employes 843-5 
Containers for garbage 843-5 
Definition of ••• 843-2 398 
RESTAURANT—Continued. 
Employes to be free of contagious disease 84B-6 
Food protected against flies, etc 843-5 
Insanity conditions in; penalty 12797 
Inspection by board of health 1261-26 
License for 843-3 
Plumbing, lighting, ventilation of 843-9 
Sanitation of 843-5 
Sanitation of floors, etc 843-12 
Sterilization of cooking utensils 843-5 
Transfer of license 843-3 
Wash room apart from bakery 1013 
Water closet apart from bakery 1013 
Water supply and sewerage for 843-10 
Rest Home 
Appeal from revocation of license 6289-7 
Application for license 6289-3 
Building requirements 6289-4 
Certificate to be displayed 6289-8 
Character and financial responsibility of applicant 6289-4 
Constitutionality of provisions 6289-11 
Definition 6289-1 
Inspection and report 6289-4 
License fee 6289-3 
License issued upon approval 6289-5 
License required 6289-2 
Penalty for operating without license 6289-10 
Records and reports 6289-6 
Revocation or suspension of license .6289-7 
Rules and regulations for 6289-9 
Retirement—See “Public Employes Retirement System” 
Right of Entry 
Public officials 12933 
Representative of department of agriculture 12757 
Representative of department of health 1236-3 
State inspectors of plumbing 1261-10 
Rivers 
Investigation of uses and pollution of 1240-3 
Rooming House 
Fumigation of 843-13 
Licensed on request 843-3 
Vermin in 843-12 
Rule 
Definition of 154-62 
Rules 
Adoption of, by state agencies 154-64 
Book of, to be sold at cost 154-66 
Certification to secretary of state 161-1 
Effect of appeal 154-72 
Emergency, adoption 154-64 
Governing poor relief 3391-3 
Procedure, in adoption of 154-63 399 
RULES—Continued. 
Publication of, by state agencies 154-66 
Request for published rules 154-66 
Sanitation, for state parks 479 
Validity of 154-65 
Rules and Regulations 
Amendment of 161-1 
Cold storage foods 1155-12 
Duty of officials to enforce 1238 
Effective date of . ••• 161-1 
Effect of-repeal 161-1 
Food standards 1177-12 
For boards of health 1261-42, 4413 
For locker plants 1155-27 
For tuberculosis hospitals 3139-10 
For waste disposal districts 3295-5 
Salamander 
Giving off obnoxious gases prohibited; penalty 12798-6 
Sanatoria—See “Tuberculosis Hospitals” 
Sanitary Board 
Appointment of 4472 
Compensation and powers 4474 
Members, how chosen 4473 
Sanitary Code 
Application of provisions 4236 
Public health council to adopt 4235 
Sanitary District 
Board of directors to prepare plans 6602-46 
Employes, members of retirement system 486-33c 
Establishment of 6602-35 
Objections to plans to be heard by judges 6602-46 
Plans for improvements, etc., to be approved by de- 
partment of health 6602-46 
Publication of notice 6602-46 
Purposes for which established 6602-35 
Sanitary Dumps 
Board of health to approve location 
ooon 
Township trustees may provide 0£>°~ 
Sanitary Officers 
Board of health may appoint 441 
Sanitary Plant • 
Appointment of sanitary board 
Approval of department of health required 44^ 
Council may contract for or construct 4 
Definition 
Plans and real estate for 
Wastes to be disposed of at 
Requirements for bakeries 1090-24, 1090-30 
Requirements for barber shops 
Requirements for beauty shops . 
Requirements for workshops and factories Scarlet Fever—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Control of, in public institution 4442 
Disposal of body dead from 4440 
Scavengers 
Board of health may employ : 4463 
School Children—See also “Schools” 
Medical and dental supervision 1261-26 
School Property 
Abatement of nuisance on 4424 
Schools 
Age and Schooling Certificate 
Duty of employer 4851 
Examination by health commissioner, when 4851-1 
Minors required to have 12993-2 
Requirements before issue 4851-1 
School physician to examine applicants 4851-1 
Superintendent only may issue 4851 
Appropriation of land for school purposes 4834-11 
Board of health may close 4448 
Classification of school districts 4830 
Definitions 
City school district 4830-1 
County school district 4830-4 
Exempted village school district 4830-3 
Local school district 4830-2 
Enumeration 
Crippled children to be separately listed 4853-9 
County auditor to certify 4853-9 
Expenses of schools for tubercular pupils, how paid 4836-7 
For tubercular pupils 4836-6 
Inmates of quarantined house not to attend 4437 
Inspection 
Appointment of school dentist 4838-6 
Appointment of school physician 4838-6 
Appointment of trained nurse 4838-6 
Board of health to make examinations, when inspec- 
tion not provided 4838-10 
By board of health 1261-26, 4448 
By department of industrial relations 1031 
Compensation of physician, dentist and nurse 4838-6, 4838-9 
Cooperation with general health district 4838-9 
Duties of school dentist 4838-6 
Duties of school physician 4838-8 
Examination by private physician 4838-8 
Examination of pupils, teachers and employes .... . 4838-8 
Exemption from medical examination 4838-10 
Power may be delegated to board of health 4838-6 
Qualifications of physician, dentist and nurse 4838-6 
Record of examinations to be kept by physician 4838-8 401 
SCHOOLS; INSPECTION—Continued. 
Superintendent of public instruction to prescribe form 
of records 4838-8 
Two or more school districts may combine 4838-9 
Institutions not to be located near 4838-11 
Instruction provided for tubercular pupils 4836-7 
Lunch rooms 4839-6 
Territory in district shall be contiguous 4830-5 
Transportation of crippled children 4855 
Vaccination and immunization of pupils 4838-5 
Seal 
Departments shall adopt 154-18 
Use of, on official documents .154-18 
Secretary of State 
Bond and oath of office filed with 154-14 
Rules and regulations to be certified to 154-64, 161-1, 1236 
Rules to be filed, indexed and recorded 154-65, 101-1 
Service Connections 
How made in municipalities 3812-1 
Sewage 
Disposed of, at sanitary plant 4469 
Pollution of streams by 1249 
Sanitary districts to collect and dispose of 6602-35 
Sewage Disposal 
Appropriation of land for 4834-11 
Approval of plans for 1240 
Department of health to have general supervision 1240-2 
For conservancy district 6828-12 
For sanitary district 6602-35 
Laboratory examination of effluents 1241 
Records to be kept and reported 1240-2 
Sewage Disposal Works 
Municipal corporation may provide 3647 
Sewage Treatment Works 
Appointment of operator of 1256 
Approval of plans for 1240 
Supervision and operation inadequate 1255 
Sewerage 
Approval of plans for 1240 
City engineer to devise plan 3871 
Sewer District 
County 
Appeal from order to install water supply 6602-29 
Appeal when order not acceptable 6602-8e 
Complaint of insanitary conditions 6602-8d 
Complaint of unsafe water supply in 6602-28 
Investigation and finding 6602-8d 
Order to establish district 6602-8d 
Order to install water supply 6602-28 
Procedure when order to establish district not com- 
plied with 6602-8f 402 
SEWER DISTRICT; COUNTY—Continued. 
Procedure where order to install water supply is not 
complied with 6602-30 
Prosecution for failure to comply with order to estab- 
lish district 6602-8g 
Prosecution for failure to install water supply 6602-31 
Sewers 
Municipal corporation may provide 3647 
Service connections 3812-1 
Sewer Tappers 
Municipal corporation may license 3637 
Sexton 
Burial permit required 1261-63 
Disposition of burial permit 1261-63 
Endorsement of burial permit 1261-63 
Record of interments 1261-63 
Sheriff 
Duty to enforce state health regulations 1238 
Show Cases 
In bakery 1090-31 
Sidewalks 
Construction and care 3853 
Silicosis 
Claims for compensation 1465-68a 
Compensation for disability or death 14G5-68a 
Description of, as occupational disease 1465-68a 
Referees 1465-68a 
Skin Inflammation 
Description of, as occupational disease 1465-08a 
Slaughter House 
Insanitary condition in; penalty 12797 
Inspection by board of health 4459 
Sleeping Room 
Prohibited in bakery 1016 
Smallpox—See also “Communicable Disease” 
Admission of person afflicted with into prison, etc 4441 
Cases to be quarantined 4429 
Cases to be reported 4427 
Control of, in public institution 4442 
Disposal of body dead from 4440 
Vaccination for 4449 
Vaccination of pupils in public schools 4838-5 
Smoking 
Prohibited in cannery 1090-11 
Social Security Act 
Funds appropriated to county welfare department 2511-10 
Soft Drinks 
Labeling bottles 1089-12 
Lighting and ventilation of buildings 1089-13 
Solution for cleaning containers 1089-12 
Sterilizing containers and 1089-12 
Spanish Fever 
Permitting cattle affected with, to run at large 13374 403 
Spitting 
On floors in cannery 1090-11 
Spring 
Penalty for defiling 12654 
State Board of Barber Examiners 
See “Barber Shops” 1081-21 
State Board of Cosmetology- 
Revocation of licenses 1082-20 
State Board of Health—See “Department of Health” 
State Board of Pharmacy 
Duty to enforce laws relating to sale of poisons 12671-1 
State Commissioner of Health—See “Director of Health” 
State Department of Health—See “Department of Health” 
State Employes Retirement System—See “Public Em- 
ployes Retirement system” 
State Fire Marshal 
Inspection of hotels and restaurants 843-3 
Inspection of rest homes 6289-4 
License for hotels and restaurants 843-3 
Notices, how served 843-14 
State Hospital 
May be registration district 1261-46 
Superintendent to be registrar of vital statistics 1261-47 
State Inspector of Plumbing—See also “Plumbing” 
Duties transferred to department of health 154-43 
State Institutions 
Cooperative tests for 1850 
Duty of officials to enforce health regulations 1238 
Penalty for maintaining certain businesses near 12655 
State Insurance Fund—See “Industrial Commission of Ohio” 
State Parks 
Drainage into reservoir prohibited 479 
Duties of conservation commissioner 479 
Duties of patrolmen 470 
Garbage disposal i 479 
Penalty for violation ot rules 479-1 
Powers and duties of department of health 479 
Prosecutions 479 
Sanitation rules for 479 
Special sanitary districts 479 
State reservoirs designated as. 469 
State Tax Commission 
Review of application for emergency funds 1259-1 
Sterilization 
Containers in cannery 1090-14 
Stillbirths—See “Vital Statistics” 
Stockyards 
Sanitation of 1177-76 
Stores 
Inspection by board of health 1261-26 
Stream Channels 
Sanitary districts to clean and improve 6602-35 404 
Stream Flow 
Sanitary districts to regulate 6602-35 
Stream Pollution 
Appointment of referees 1257 
Finding and hearing 1250 
Investigation of complaint 1249 
Nuisance resulting from 1249 
Order for abatement 1251 
Penalty for failure to comply with order of director 
of health 1260 
Procedure to abate 1249 
Sanitary district to prevent and correct 6602-85 
Supreme court may reverse, vacate or modify order of 
director of health 1258-2 
Streams 
Investigation of uses and pollution 1240-3 
Penalty for depositing refuse in 12647 
Streets 
Municipal corporation may establish and care for 3629 
Supervision and control by council 3714 
Subsidy 
Certification by board of health 1261-39 
City health districts contracting for services 1261-20 
Deducted from approved budget ...1261-40 
Procedure in payment of 1261-39 
State, for health districts . 1261-39 
When city contracts for health services 1261-20 
Sulphur Dioxide Poisoning 
Description of, as occupational disease 1465-68a 
Supreme Court 
Appeal on orders of director of health 1258-3 
May reverse, vacate or modify order of director of health... 1258-2 
No other court can review, suspend or delay order 1258-6 
Procedure on appeal on orders 1258-5 
Transcript of record to be certified 1258-4 
Sweat Shops 
Regulation of 1020 
Water closets for each sex 1022 
Work rooms separate from sleeping rooms 1021 
Syphilis—See “Venereal Disease” 
Tankage Plant 
License to operate 1177-60 
Tax 
Against owner or real property used as place of pros- 
titution, etc 6212-9 
Maximum of municipal 3785 
Tax Commission of Ohio 
Approval required to borrow money during epidemic 2293-7 
Tax Levy—See also “Temporary Legislation” Page 334 
For poor relief 3391-1 
For support of tuberculosis hospital.. 5625-15 405 
TAX LEVY—Continued. 
For waste disposal district 3:293-3 
To compensate free public hospital 4021 
Tenosynovitis 
Description of, as occupational disease 1465-68a 
Theaters 
Inspection by department of industrial relations 1031 
Tobacco Factory 
Regulation of places where manufactured 1020 
Water closets for each sex 1022 
Work rooms separate from sleeping rooms 1021 
Toilet Room 
Investigation of failure to provide at railroad station 8927 
In waiting room at railroad station 8926 
Penalty for failure to provide at railroad station 8928 
Toilets 
For cannery 1090-9 
Where females employed 1009 
Township 
Contribution to retirement fund 486-33 f 
Employes, members of retirement system 486-33a 
Employes retirement contribution 486-33e 
Primary registration district for vital statistics 1261-46 
Statement of retirement board 486-33g 
Township Clerk 
Administrator of waste disposal district 3295-5 
Bond of, in waste disposal district 3295-6 
Compensation of, in waste disposal district 3295-6 
Registrar of vital statistics 1261-47 
Trustees may appoint deputy 3299-1 
Township Officers 
Duty to enforce state health regulations 1238 
Township Trustees 
Burial grounds may be transferred to 3471 
Burial of unclaimed bodies 3495 
Claims for loss of animals 5840 et seq 
Complaint of stream pollution 1249 
Contract for collection and disposal of garbage and 
refuse 3295-1 
Defense for non-support of pauper 3478 
Disposal of animals dead from contagious disease 12781 
Liability for medical and hospital service for indigents 3480-1 
May appoint deputy clerk 3299-1 
May create waste disposal districts 3495-2 
May provide sanitary dumps 3282 
Medical and hospital service as poor relief 3480 
Not liable for damages in waste disposal 3295-4 
Officers to visit persons requiring relief 3481 
Poor relief 3476 
Procedure to secure removal of indigent person 3484-1 
Rates for service in waste disposal district 3295-3 
Removal of indigent person to county of legal settlement 3484 406 
TOWNSHIP TRUSTEES—Continued. 
Rules and regulations for waste disposal districts 3295-5 
Tax levy for waste disposal district 3295-3 
To pay expense of indigent quarantined in another city 
or township 4438-1 
Who considered as having legal settlement 3479 
Trachoma Clinics 
Board of health may establish 1261-22 
Tuberculosis—See also “Ohio State Sanatorium”; “Tu- 
berculosis Hospital” 
Board of health may hospitalize cases, when menace 
to public 3139-20 
Cases of, not to be kept in county home 3139-21 
Contract for care of tuberculosis cases 3139-18 
Disinfection 4433 
Employes of hotel or restaurant. 843-6 
Expenses of schools for tubercular pupils, how paid 4836-7 
Instruction for tubercular pupils 4836-7 
Record bureau for cases 3139-22 
Removal of cases of, from county home 3139-21 
Report of cases to record bureau 3139-22 
Schools for tubercular pupils 4836-6 
Service of teacher or employe having, to be discontinued 4838-8 
Tuberculosis Clinics 
Board of health may have charge of 3139-16, 3139-19 
Board of trustees for 3139-19 
County commissioners may establish, when 3139-19 
Employes may attend conferences 3139-17 
How established and conducted in connection with hospitals 3139-16 
Physicians, nurses, etc., for 3139-19 
Tuberculosis Hospital—See also “Temporary Legislation,” Page 334 
County 
Annual report of trustees 3139-13 
Appropriation for maintenance 3139-12 
Board of trustees for 3139-13 
Bond of trustees 3139-18 
County commissioners may establish 3139-11 
Depository for hospital funds 3139-13 
Disposition of moneys paid by patients 3139-13 
District hospital may be purchased by commissioners 3139-15 
Enlargement, repairs and improvements 3139-12 
Employes may attend conferences 3139-17 
Funds for site and buildings 3139-11 
Gifts, legacies, devises, etc 3139-11 
In county in hospital district 3139-14 
Instruction for tubercular children 4836-7 
Law, applicable to district hospitals shall apply 3139-13 
Location, plans, etc., to be approved 3139 
May contract for care of tuberculosis cases 3139-18 
May establish tuberculosis clinic 3139-36 
Powers and duties of trustees 3139-13 
Support of patients at state sanitorium 1815-15 TUBERCULOSIS HOSPITALS; COUNTY—Continued. 
Tax levy for support of 5625-15 
Trustees may establish record bureau 3139-22 
Definition “Maintenance, care and treatment” 3139 
Department of health has general supervision. 3139 
District 1 
Admission of additional county.... 3139-7 
Annual report of trustees 3139-3 
Appointment of medical superintendent 3139-10 
Appointment of physicians, nurses, etc 3139-10 
Appointment of trustees < 3139-3 
Apportionment of cost of construction 3139-5 
Apportionment of current expense .* 3139-5 
Appropriation for current expenses 3139-5 
Appropriation of land 3139-4 
Approval of formation of 3139 
Board of trustees 3139-3 
Bond of trustees 3139-6 
Commissioners may borrow money and sell bonds 3139-5 
Contract for patients outside of district 3139-2 
Cost of care and treatment, how paid 3139-10 
Counties excluded" from district 3139-1 
Depository for hospital funds 3139-6 
Duties of medical superintendent 3139-10 
Electors may petition for 3139-1 
Employes may attend conferences 3139-17 
Expenses of county commissioners 3139-1 
Funds for site and construction 3139-1 
Grants, devises, bequests, etc 3139-4 
Instruction for tubercular children 4836-7 
Joint board of county commissioners 3139-1 
Location, plans, etc., to be approved 3139 
May contract for care of tuberculosis cases 3139-18 
May establish tuberculosis clinic 3139-16 
Organization of board of trustees 3139-3 
Procedure to establish 3139-1 
Procedure, when necessary to secure new site, buildings, 
etc 3189-9 
Purchase by county commissioners 3139-15 
Purpose of hospital 3139-2 
Rules and regulations for 3139-10 
Selection of site, plans, etc 3139-4 
Support of patients at state sanatorium 1815-15 
Tax levy for support of 5625-15 
Trustees may establish record bureau 3139-22 
Trustees to disburse funds 3139-6 
Withdrawal of county from district 3139-8 
Formation of district to be approved 3139 
Municipal 
Employes may attend conferences 3139-17 
Location, plans, etc., to be approved 3139 
May contract for care of tuberculosis cases 3139-18 408 
TUBERCULOSIS HOSPITALS; COUNTY—Continued. 
Ohio State Sanatorium 
Admission and discharge of patients 1841, 2055 
Apportionment of patients to counties 2055 
Care, education and treatment of children 2068-1 
Dispostion of receipts 2072 
Duty of superintendent 2068 
Expense to be paid by county 1816 
Gifts, legacies, etc 2071 
Monthly reports to state auditor 2072 
Out-door labor for patients 2070 
Probation period for patients 2069 
Purpose of institution 2054 
Rates for care, treatment, etc 2068 
Support of patients 1815-13 
Support of patients, how determined ...1815-14 
Who entitled to admission 2068 
Plans for, to be approved 3139 
Private 
Approval of, by department of health 3139-18 
Contract for care of tuberculosis cases 3139-18 
Typhoid Fever—See also “Communicable Disease” 
Cases to be reported 4427 
Laboratory examinations for 1241 
Typhus Fever—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Disposal of body dead from 4440 
Upholstered Article—See “Bedding” 
Upholstered Spring—See “Bedding” 
Utensils 
Care of in cannery 1090-14 
Vacancy 
Board of health, how filled 1261-17, 4406 
Members, board of health removed by public health 
council 1261-25 
Public health council, how filled 1284 
Vacation 
State employes entitled to 154-20 
Vaccination 
Board of health may provide 4449 
Of pupils in public schools 4838-5 
Vault Cleaners 
Municipal corporation may license 3637 
Vehicles 
Municipal corporation may regulate use of 3632 
Venereal Disease 
Foard of health may provide treatment 1261-28 
Clinics for treatment of 1261-28 
Duty of board of health 1261-28 
Employe in hotel or restaurant 843-6 409 
VENEREAL DISEASE—Continued. 
Free treatment of cases 1261-26 
Quarantine of carriers 1261-28 
Ventilation 
Hotels and restaurants 843-10 
Of bakeries 1012 
Of canneries ' 1090-8 
V ermin 
In hotel or restaurant 843-12 
V eterans 
Information of, required in certificate of death 1261-61 
Veterinarian 
Certificate of, cows free from tuberculosis 4459 
Certificate to practice 1177-16e 
Duty of, as to infected animals 1114 
Inspection of stockyards 1177-76 
Revocation of certificate 1177-16e 
Village—See also “Municipal Corporation’’ 
Primary registration district for vital statistics 1261-46 
Vital Statistics 
Adoptions 
Certification of birth issued 1261-55 
Decree of, filed with department of health 1261-55 
Original birth certificate not public record 1261-55 
Births 
Certification of 1261-66 
Certified copy of certificate 1261-66 
Content of certificate . 1261-52 
Correction of birth certificate 1261-57 
Foundlings 1261-53 
How and by whom reported 1261-52 
Illegitimate 
How recorded 1261-52 
Legitimation of 1261-52a 
Name of child 1261-52 
In maternity hospitals to be reported 6265 
Record of, in maternity hospital 6266 
Registrar to secure information 1261-52 
Registration of, occurring outside of state 1261-56 
Registration of unrecorded 1261-57 
Where registered 1261-52 
Board of health may create system 4419 
Burial Permit 
Not issued until certificate completed 1261-48 
Certificates 
Amended certificate may be accepted 1261-65 
Certified copies, how and when made 1261-66 
Copies for local record 1261-49 
Correction of statements 1261-65 
Facsimile signatures prohibited 1261-64 
Of birth 1261-52 
Of death 1261-61 
Of foundling child 1261-53 VITAL STATISTICS; CERTIFICATES—Continued. 
Of illegitimate child 1261-52 
Of stillbirth 1261-58 
Original, sent to department of health 1261-49 
Printed or typewritten 1261-64 
Separate series for births, deaths and stillbirths 1261-49 
Signatures written in unfading ink 1261-64 
To be completed before filing 1261-48 
Transmitted to health commissioner 1261-49 
Certification of births and deaths occurring outside of 
county of residence 1261-56 
City Health District 
Records kept at board of health office 1261-47 
Deaths 
Bodies from outside of state; procedure 1261-60 
Burial permit required 1261-59 
Certificate of death 1261-61 
Certified copy of certificate 1261-66 
Content of certificate 1261-61 
Coroner to sign certificate, when 1261-62 
Duty of funeral director 1261-62 
Informant’s signature on certificate 1261-62 
Information regarding veterans 1261-61 
Inquest by coroner when certificate not filed 6269 
Of veterans certified to adjutant general and county 
recorder 1261-50 
Physician to sign certificate 1261-62 
Report of, in maternity hospital 6268 
Sexton to require burial permit 1261-63 
Transit permit to accompany body 1261-60 
Transportation of dead bodies 1261-60 
Deputy registrars 1261-47 
Director of health to prescribe forms, blanks, etc 1261-45 
Duties regarding, transferred to department of health 154-43 
Foundling Child 
Procedure to secure record of 1261-53 
Forms prescribed by state to be used 1261-45 
Illegitimate Child 
Procedure to legitimate 1261-52a 
Index of certificates of birth, deaths and stillbirths 1261-50 
Penalty for violation 1261-68 
Probate judge to receive copies of certificates, when 1261-49 
Quarters and vault for records 1261-44 
Registrars 
Appointment of deputy 1261-47 
Appointment of local 1261-47 
Deaths from communicable disease 1261-49 
Detail for handling certificates 1261-49 
Distribution of forms, etc - 1261-48 
Duty to require completion of certificates before filing 1261-48 
Duty to secure information concerning births 1261-52 
Fees, how paid 1261-51 VITAL STATISTICS; REGISTRARS—Continued. 
For combined districts 1261-47 
Funeral director or embalmer may not be 1261-17 
May issue certification of birth 1261-66 
Original certificates sent to health commissioner 1261-49 
Removal of 1261-67 
Supplemental report of name of child 1261-54 
To issue burial permit 1261-59 
Registration Districts 
Combination of primary 1261-46 
Primary districts established 1261-46 
State hospital or public institution may be 1261-46 
Registration system in conflict prohibited 1261-44 
Regulations to be adopted 1261-44 
Report of deaths to election board 4785-46 
State registration of 1261-44 
Stillbirths 
Burial permit required 1261-58 
Certified copy of certificate 1261-66 
Content of certificate 1261-58 
Definition 1261-58 
How recorded 1261-58 
Transcripts, how secured 1261-66 
Waiting Room 
Required at railroad stations 8926 
Toilets required in S926 
Wash Room 
Apart from bakery 
In plants manufacturing lead 6330-3 
Waste Disposal 
Township trustees may contract for 3295-1 
Waste Disposal District 
Bond of clerk-treasurer 3293-6 
Collection of delinquent accounts 3295-7 
Compensation of clerk 3295-6 
Creation of, by township trustees 3295-2 
Funds, how handled 3295-5 
Maintenance of 3295-3 
Rules and regulations for 3295-5 
Township clerk to administer 3295-5 
Trustees may fix rates for service 3295-3 
Trustees may levy tax 3295-3 
Trustees not liable for damages 3295-4 
Wastes 
Council may contract for disposal of 4470 
Depositing into lake, stream, etc.; penalty 12647 
Disposal of, at sanitary plant 4469 
Removed daily from cannery 1090-6 
Water 
Council may regulate price of 3982 
Service connections 3812-1 412 
Water Closets 
Apart from bakery 1013 
Municipal corporation may regulate use of 3647 
Regulation by board of health or building department 4420, 4421 
Where females employed 1069 
Water Company 
Additional rates for water service 1258-1 
Watercourse 
Municipal corporation may maintain .3647 
Water Purification Works 
Appointment of operator of 1256 
Approval of plans for 1240 
Supervision and operation where inadequate 1255 
Water Rates 
May be increased if necessary to comply with order 1258-1 
Waters 
Investigation of uses and pollution 1240-3 
Water Supply—See also “Ohio Water Supply Board” 
Additional rates for water service. 1258-1 
Analyses required at intervals 1252-2 
Appointment of referees 1257 
Approval of plans for 1240 
Complaint of impure 1252 
Conservancy district may provide 6828-12 
Council of municipality may provide 3955 
Cross-connections prohibited 1252-3 
Definition 1252-1 
Department of health to have supervisory control 1252-1 
Finding and hearing on pollution 1253 
In county sewer district 6602-28 
Investigation by department of health 1252-1 
Jurisdiction of municipality to prevent pollution 12784 
Laboratory examination of public 1241 
Municipal corporation may provide 3619 
Notice from director of health when contaminated or 
inadequate 1252-4 
Notice of hearing on pollution of 1253 
Order to correct pollution 1254 
Order to remove source of pollution 1251 
Penalty for failure to comply with order of director of 
health . 1252-6 
Pollution of, by sewage 1249 
Procedure when contaminated or inadequate 1252-4 
Records of analyses required 1252-2 
Records of construction, etc., filed with department of 
health 1252-1 
Regulations governing construction, etc 1252-1 
Sanitary districts may provide 6602-35 
Supreme court may reverse, vacate or modify order of 
director of health 1258-2 Water Works Fund 
Disposition of surplus 3959 
Water Works Intake 
Approval of plans for ■ 1240 
Water Works System—See also “Water Supply” 
Definition 1232-1 
Wearing Apparel 
For bakery employes 1000-25 
For cannery employes 1090-13 
Regulation of places where made 1020 
Work rooms separate from sleeping rooms 1021 
Weeds 
County auditor to collect cost as tax 4245-4 
Fee for service of notice 4245-2 
Notice to cut in municipality 4245-1 
Procedure when owner fails to comply with notice 4245-3 
Welfare—See “County Department of Welfare” 
Welfare Advisory Board—See “County Department 
of Welfare” 
Wells 
Penalty for defiling 12634 
Wholesome Food 
Definition 1155-6 
Wiping Rags 
For workshops and factories 1011-1 
Penalty for not providing 1011-1 
Wood Alcohol Poisoning 
Description of, as occupational disease 146o-68a 
Work Camp 
Control of communicable disease in 4436-1 
Workhouse 
Inspection by board of health 1261-26 
Inspection by health commissioner 1261-31 
Physical examination of inmates 1261-31 
Workshops and Factories 
Bakeries 1012 
Dressing rooms where females employed 1009 
Duties of chief inspector 1011 
Penalty for insanitary conditions 1011 
Penalty for not providing wiping rags 1011-1 
Sanitary requirements when water supply and sewerage 
absent 1010 
Sanitary wiping rags 1011-1 
Sanitation of 1009 
Tobacco goods 1020 
Toilets where females employed 1009 
Water closets for each sex 1022 
Water closets where females employed 1009 
Wearing apparel 1020 414 
Yellow Fever—See also “Communicable Disease” 
Cases to be quarantined 4429 
Cases to be reported 4427 
Control of, in public institution 4442 
Disposal of body dead from 4440 
Zinc Poisoning 
Description of, as occupational disease 1465-68a OHIO PUBLIC HEALTH MANUAL 
Part II 
OHIO SANITARY CODE 
Regulation 1. (Declaration of adoption of sanitary code and 
repeal of existing rules and regulations.) The public health council 
of the state department of health of Ohio hereby adopts this and the 
following regulations and declares the same, with such additions and 
amendments as may hereafter be made, to be the Ohio sanitary code. 
The regulations herein set forth shall take effect and be in force 
on and after July 1, 1920,'and on that date all rules and regulations 
heretofore adopted by the state board of health or by the public 
health council shall be, and the same are hereby repealed. 
Adopted May 14, 1920; effective July 1, 1920. 
MORBIDITY REPORTS 
Regulation 2. (Diseases, disabilities and infestations to be re- 
ported.) The diseases, disabilities and infestations herein named and 
classified as “Class A” and “Class B” are declared to be dangerous to 
the public health, are made notifiable, and the occurrence of cases or 
suspected cases in Ohio shall be reported as provided in the following 
regulations. The diseases, disabilities and infestations herein named 
and classified as “Class C” are only required to be reported when they 
occur in unusual prevalence in a health district. 
CLASS A 
Actinomycosis 
Anthrax 
Botulism 
Chickenpox (varicella) 
Chancroid 
Cholera 
Dengue 
Diphtheria 
Dysentery, amebic (amebiasis) 
Dysentery, bacillary 
Encephalitis infectious (lethargic 
and nonlethargic) 
Epidemic diarrhea of the newborn 
Erysipelas 
Favus 
Food infections and poisonings 
Foot and mouth disease (in man) 
German measles (rubella) 416 
Glanders 
Gonorrhea 
Gonorrheal ophthalmia 
Hookworm disease (ancylosto- 
miasis) 
Inflammation of the eyes of new- 
born (ophthalmia neonatorum) 
Influenza 
Leprosy 
Lymphogranuloma venereum, 
granuloma inguinale, and cli- 
matic bubo 
Malaria 
Measles (rubeola) 
Meningococcus meningitis 
(cerebro-spinal fever) 
Milk sickness 
Mumps (infectious parotitis) 
Paratyphoid fever 
Pellagra 
Plague, bubonic, septicemic, 
pneumonic 
Pneumonia, acute lobar 
Poliomyelitis 
Psittacosis 
Puerperal infection (puerperal 
septicemia) 
Rabies (in man) 
Rocky Mountain spotted (or tick) 
fever 
Scarlet fever (scarlatina) 
Septic sore throat 
Smallpox (variola) 
Syphilis 
Tetanus 
Trachoma 
Trichinosis 
Tuberculosis, pulmonary 
Tuberculosis, other than 
pulmonary 
Tularemia 
Typhoid fever 
Typhus fever 
Undulant fever (brucellosis) 
Whooping cough (pertussis) 
Yaws (frambesia) 
Yellow fever 
CLASS B 
Occupational Diseases 
(G. C. 1243-1) 
Aniline poisoning 
Arsenic poisoning 
Benzine (gasoline) poisoning 
Benzol poisoning 
Brass poisoning 
Carbon monoxide poisoning 
Compressed-air illness 
Dinitrobenzine poisoning 
Lead poisoning 
Mercury poisoning 
Naphtha poisoning 
Natural gas poisoning 
Phosphorus poisoning 
Turpentine poisoning 
Wood alcohol poisoning 
CLASS C 
Ascariasis 
Coccidioidomycosis 
Common cold 
Filariasis 
Hemorrhagic jaundice (spiroche- 
tosis icterohemorrhagic, WHTs 
disease) 
Impetigo contagiosa 417 
Pediculosis (lousiness) 
Rat-bite fever (sodoku) 
Relapsing fever 
Ringworm (dermatophytosis) 
Scabies (the itch) 
Schistosomiasis 
Vincent’s infection (Vincent’s an- 
gina, ulcerative or necrotic 
stomatitis trench mouth) 
Adopted May 14, 1920; amended June 20, 1943; effective August 
1, 1943- 
Regulation 2a. (Reports of diseases, disabilities and infestations.) 
In reporting diseases, disabilities and infestations required by law or 
by regulation of the state department of health or by regulation of 
a local board of health to be reported, physicians, health commis- 
sioners and other persons whose duty it is to make such reports 
shall conform to the nomenclature of the international list of causes 
of death in so far as possible. When report of a disease, disability 
or infestation is received by a health commissioner which does not 
conform to the aforesaid list said health commissioner shall bring 
the matter to the attention of the person making the report and shall 
have the report changed to conform to the approved nomenclature. 
When a report contains the names of two or more distinct diseases, 
disabilities or infestations, no matter what their inter-relation in the 
patient may be, a separate report shall be made for each disease 
affecting the patient during the period of illness covered by the 
report. 
Adopted August 14, 1925; amended June 21, 1942; effective 
August 15, 1942. 
Regulation 2b. (Report of bite or injury by dog or other ani- 
mal.) Whenever a person is bitten or injured by a dog, cat or 
other animal, prompt report of such bite or injury shall be made to 
the health commissioner of the health district in which such bite or 
injury occurred. The report herein required shall be made by the 
physician called to treat such bite or injury when medical care and 
treatment were necessary, or, if such injured person is received at a 
hospital or dispensary for treatment, the report herein required shall 
be made by the superintendent or person in charge of such hospital 
or dispensary. Where a physician is not consulted or the person is 
not taken to a hospital or dispensary, the report shall be made by 
the person bitten or injured or by any other person who has knowl- 
edge of the facts. 
Adopted January 14, 1940; effective February 15, 1940. 
Regulation 2c. (Report by veterinarian.) Whenever a veteri- 
narian shall be called upon to examine a dog, cat or other animal 
that has bitten or injured a person, he shall promptly report the 418 
result of his examination to the health commissioner within whose 
jurisdiction the dog, cat, or other animal is found. Any dog, cat or 
other animal inflicting a bite or injury shall be confined in the county 
dog pound or be placed under the care and supervision of a veteri- 
narian until it shall be determined that the animal is not addicted 
with rabies. The isolation period hereby required shall not be less 
than ten (10) days from the date the person was bitten or injured. 
Adopted January 14, 1940; effective February 15, 1940. 
Regulation 3. (Who shall report.) Every physician practicing 
in the state of Ohio shall be primarily responsible for submitting the 
report of a case of notifiable disease, disability or infestation in any 
person attended by him. If no physician is in attendance, a nurse, 
midwife or other person is hereby made responsible for submitting 
the report of any suspected or recognized case of notifiable disease, 
disability or infestation, the head of the household, the proprietor, 
lessee or other person in charge of the hotel, rooming house, lodging 
house, camp, or place of similar character, the superintendent or 
other person in charge of any public, private or parochial school, 
public, semi-public or private institution, shall be responsible for 
immediately submitting a report of such case in any person who is a 
member of the household, a guest, boarder, roomer, lodger, or em- 
ploye of the hotel, rooming house, lodging house, or place of similar 
character; or a pupil, attendant, employe or inmate of any public, 
private or parochial school, public, semi-public or private institution. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15. 1942. 
Regulation 4. (Reports from dispensaries, clinics, hospitals, etc.) 
A physician attending patients at a dispensary, clinic, hospital, asy- 
lum, or other public, semi-public or private institution may in writing 
authorize the superintendent or other officer or person in charge to 
submit the reports of cases of notifiable diseases, disabilities or in- 
festations in persons attended by him at the dispensary, clinic, hos- 
pital, asylum or other public, semi-public or private institution, but 
under no other circumstances shall a physician be relieved of the 
primary responsibility of reporting cases of notifiable diseases, dis- 
abilities or infestations in persons attended by him. The reports of 
cases of notifiable diseases, disabilities or infestations authorized to 
be submitted by the superintendent or other officer or person in 
charge of a dispensary, clinic, hospital, asylum, or other public, semi- 
public or private institution shall be submitted in writing on the standard report blanks within the same time limitations as required 
for reports from physicians. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 5. (Information to be given; time limit.) Each 
report of a case of notifiable disease, disability or infestation shall 
state the disease, disability or infestation and the name, address, age, 
sex, and color of the patient. Each report, if made by a physician, 
nurse, midwife or other person shall be submitted in writing to the 
health commissioner within whose jurisdiction such case occurs, 
within twelve hours after the existence of the case of notifiable 
disease, disability or infestation is known or reasonably suspected, 
except that reports of cases of inflammation of the eyes of the new- 
born and gonorrheal ophthalmia shall be submitted within six hours, 
as required by section 1248-2 of the General Code. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 6. (Telephone reports.) In lieu of the written re- 
ports from physicians required in regulation 5, the state director of 
health may, upon request from a health commissioner, authorize him 
to accept from physicians within his district verbal reports by tele- 
phone or otherwise, within the same time limitations as required for 
written reports, except that all reports of cases of venereal diseases 
shall be in writing. No approval of a request for the exemption of 
physicians from the requirement of submitting written reports shall 
be given until the health commissioner has filed with the state direc- 
tor of health an agreement to fill in on standard report blanks the 
information from each and every verbal report received by such 
commissioner, and to forward such reports to the state department 
of health in the same manner as prescribed for written reports from 
physicians. 
Adopted May 14, 1920; amended June 21, 1942; efifective August 
15, 1942. 
Regulation 7. (Health commissioner to forward reports on 
standard form.) It shall be the duty of each health commissioner 
to have filled in on standard report blanks and forwarded to the 
state department of health the information from all reports of sus- 
pected or recognized cases of notifiable diseases, disabilities or in- 
festations from persons not required to submit reports in writing, 420 
provicbed such cases are actual cases of notifiable diseases, disabilities 
or infestations. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 8. (Reports from death certificates.) Each health 
commissioner shall ascertain from the reports of deaths from con- 
tagious or communicable diseases submitted by local registrars of 
vital statistics and from the examination of all death certificates sub- 
mitted to him any unreported cases of notifiable diseases, disabilities 
or infestations, and shall fill in standard report blanks for such un- 
reported cases and forward such reports to the state department of 
health in the same manner as other reports of cases of notifiable 
diseases, disabilities or infestations, except that the health commis- 
sioner shall record on such reports “First report by death notice.” 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 9. (Time for forwarding reports.) On Monday of 
every week each health commissioner shall forward to the state 
department of health all reports of cases of notifiable diseases, dis- 
abilities and infestations received during preceding days, accurate 
records having been made from such reports and duplication of 
reports having been eliminated as far as possible. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 10. (Special reports.) Each health commissioner 
shall submit promptly to the state department of health such special 
reports on the prevalence and control of notifiable diseases as may 
be required by the state director of health. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation n. (Definitions.) Carrier. A person who, without 
symptoms of a communicable disease, harbors and disseminates the specific 
micro-organisms. As distinct from a carrier, the term “infected person” 
is used to mean a person in whose tissues the etiological agent of a com- 
municable disease is lodged and produces symptoms. 
Cleaning. This term signifies the removal by scrubbing and washing, 
as with hot water, soap, and washing soda, of organic matter on which 
and in which bacteria may find favorable conditions for prolonging life 
and virulence; also the removal by the same means of bacteria adherent 
to surfaces. 
Contact. A “contact” is any person or animal known to have been suf- 421 
ficiently near an infected person or animal to have been presumably ex- 
posed to transfer of infectious material directly, or by articles freshly 
soiled with such material. 
Ddousing. By delousing is meant the process by which a person 
and his personal apparel are treated so that neither the adults nor the 
eggs of Pediculus corporis or Pediculus capitis survive. 
Disinfection. By this is meant the destroying of the vitality of patho- 
genic micro-organisms by chemical or physical means. 
When the word “concurrent” is used as qualifying disinfection, it 
indicates the application of disinfection immediately after the discharge 
of infectious material from the body of an infected person, or after the 
soiling of articles with such infectious discharges, all personal contacts 
with such discharges or articles being prevented prior to their disinfection. 
When the word “terminal” is used as qualifying disinfection, it indi- 
cates the process of rendering the personal clothing and immediate physical 
environment of the patient free from the possibility of conveying the 
infection to others, at the time when the patient is no longer a source of 
infection. 
Disinfesting. By disinfesting is meant any process, such as the use 
of dry or moist heat, gaseous agents, poisoned food, trapping, etc., by 
which insects and animals known to be capable of conveying or trans- 
mitting infection may be destroyed. 
Education in personal cleanliness. This phrase is intended to include 
all the various means available to impress upon all members of the com- 
munity, young and old, and especially when communicable disease is 
prevalent or during epidemics, by spoken and printed word, and by illus- 
tration and suggestion, the necessity of : 
(1) Keeping the body clean by sufficiently frequent soap and water 
baths. 
(2) Washing hands in soap and water after voiding bowels or 
bladder and always before eating. 
(3) Keeping hands and unclean articles, or articles which have been 
used for toilet purposes by others, away from mouth, nose, eyes, ears, 
and genitalia. 
(4) Avoiding the use of common or unclean eating, drinking, or 
toilet articles of any kind, such as towels, handkerchiefs, hairbrushes, 
drinking cups, pipes, etc. 
(5) Avoiding close exposure of persons to spray from the nose 
and mouth, as in coughing, sneezing, laughing, or talking. 
Fumigation. By fumigation is meant a process by which the de- 
struction of insects, as mosquitoes, fleas, bedbugs, and body lice, and ani- 
mals, as rats, is accomplished by the employment of gaseous agents. 422 
Isolation. By isolation is meant the separating of persons suffering 
from a communicable disease, or carriers of the infecting micro-organism, 
from other persons, in such places and under such conditions as will pre- 
vent the direct or indirect conveyance of the infectious agent to sus- 
ceptible persons. 
Quarantine. By quarantine is meant the limitation of freedom of 
movement of persons or animals who have been exposed to communicable 
disease for a period of time equal to the longest usual incubation period 
of the disease to which they have been exposed. 
It is still considered necessary to require strict isolation of the patient 
for the period of communicability, and quarantine or immunization of con- 
tacts in certain diseases, notably smallpox. However, in some other dis- 
eases, such as poliomyelitis and encephalitis, isolation of the patient has 
but little apparent effect in limiting the spread of the disease, and the 
period of communicability is not known with reasonable accuracy in any 
given case. 
Case-to-case infection is relatively infrequent in these latter two dis- 
eases ; and yet the patient must be regarded as a potential source of in- 
fection and suitable precautions must be taken, even if these barriers to 
transmission of the disease are but partially effective. Uncertainty as to 
the exact duration of the period of communicability does not justify neg- 
lect of reasonable isolation measures but rather adds to our obligation to 
educate patients, the family, and the attending physician in the advan- 
tages to be had from separating the sick from the well, and in taking 
precautionary measures voluntarily when the presence of a communicable 
disease is suspected and before a diagnosis is established, after the official 
period of isolation is past, and generally during the epidemic prevalence 
of such diseases in the community. 
The five specific objectives of personal cleanliness as defined above, 
if conscientiously attempted, will materially aid in reducing the amount of 
frequency of infection. 
Isolation of a patient with a communicable disease from visitors is 
often of benefit to the patient by reducing the likelihood of additional and 
complicating infections, as well as a protection to others; quiet, freedom 
from excitement and fatigue of visits, and complete rest are important 
factors in the medical and nursing management of such patients and 
directly contribute to recovery. 
Renovation. By renovation is meant, in addition to cleansing, such 
treatment of the walls, floors, and ceilings of rooms or houses as may be 
necessary to place the premises in a satisfactory sanitary condition. 
Report of a disease. By a report of a disease is meant the notifica- 
tion to the health department and, in the case of communicable disease 423 
in animals, also to the respective department of agriculture which has 
immediate jurisdiction, that a case of communicable disease exists or is 
suspected of existing in a specified person or animal at a given address. 
Each administrative health jurisdiction will ordinarily determine what 
diseases should be reportable, according to their prevalence or their prac- 
tical importance from the points of view of the administrator, the epi- 
demiologist, and the statistician. It is expected that local or state regu- 
lation will require the reporting of any unusual or group expression of 
illness which may be of public concern whether or not known to be or 
suspected of being communicable in nature, regardless of its inclusion in 
the list of diseases, disabilities and infestations named in regulation 2. 
Susceptible. A “susceptible” is a person or animal who is not known 
to have become immune to the particular disease in question by natural or 
artificial process. 
Virus, filterable. The term “filterable virus” as defining the etio- 
logical agent of certain diseases is used in the sense of a causal agent 
diflferentiated from other kinds of infectious agents such as bacteria, 
protozoa, etc. Many of these filterable viruses can be grown in vitro in 
the presence of living susceptible cells and such cultures will produce 
regularly typical diseases in animals and in man. The term “filterable 
virus” has a significance comparable to that of bacterium, spirochete, or 
protozoon. The term “filterable virus” is as definite a description of an 
etiological agent as is the statement that the typhoid bacillus causes typhoid 
fever. The idea conveyed by the statement that filterable virus is the 
etiological agent is that the cause of this disease is known, even though 
present knowledge does not permit further precision in distinguishing 
among filterable viruses except by reference to the name of the disease 
produced by each. 
Immune person. This term signifies a person who is known to have 
become immune to the disease to which he has been exposed, by reason of 
age, a previous attack, or other natural or artificial process. 
Vaccination. Vaccination for the prevention of smallpox signifies an 
inoculation by incision, puncture, scarification or injection beneath or into 
the epidermis of a vaccine which produces with some constitutional dis- 
turbance, the typical vaccine vesicle, and which leaves, after the pock has 
healed, a characteristic scar. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 12. (Placarding). Immediately upon the receipt of 
a report of a case of smallpox, diphtheria, scarlet fever, meningo- 
coccus meningitis, poliomyelitis, or any other disease required by 
law or by the state department of health to be quarantined, the 424 
health commissioner or a person authorized by him shall quarantine 
the house or place where the patient is found and shall place thereon 
a placard having printed on it in letters not less than two inches 
high the name of the disease within. The health commissioner or 
person authorized by him shall at the time the house is placarded 
explain the quarantine regulations and provide the head of the family 
or the person having charge of the patient with instructions for pre- 
venting the spread of the disease. No quarantine placard shall be 
removed except by direction of the health commissioner. 
Adopted May 14, 1920; amended June 21, 1942; efifective August 
US, 1942. 
Regulation 13. (Investigation of reported case.) Immediately 
upon receipt of a report of any disease in which restrictive or pre- 
ventive measures are required by the district board of health or the 
state department of health, the health commissioner shall determine 
the source of infection, the number of exposures, and secure such 
other information as may be necessary to prevent the spread of the 
disease. The reports of such investigations shall be kept on file in 
the office of the health commissioner. 
Adopted May 14, 1920; amended June 21, 1942; efifective August 
15, 1942. 
Regulation 13a. (Duties regarding children attending school.) 
When a case of communicable disease is reported it shall be the duty 
of the health commissioner having jurisdiction to ascertain the school 
attended by any child or children from the infected premises and to 
serve notice upon those in charge of such school, requiring that all 
persons from such infected premises be excluded from the school 
until a medical certificate with a written permit from the health com- 
missioner is presented. 
Adopted October 10, 1930; amended June 21, 1942; efifective Au- 
gust 15, 1942. 
Regulation 14. (Investigation of unreported cases.) Upon re- 
ceipt of information that a quarantinable disease exists in any house 
or place within the district, when such case has not been reported by 
a physician, the health commissioner or some physician appointed 
by him shall immediately investigate the case for the purpose of 
making a diagnosis. If such investigation reveals the presence of a 
quarantinable disease the health commissioner shall immediately in- 
stitute the proper quarantine. 
Adopted May 14, 1920; efifective July 1, 1920. 
Regulation 14a. (Sale of food forbidden in certain cases.) When a case of diphtheria, lethargic encephalitis, epidemic or septic sore 
throat, amebic or bacillary dysentery, meningococcus meningitis, 
paratyphoid fever, scarlet fever, smallpox, poliomyelitis (infantile 
paralysis), typhoid fever, or tuberculosis in a communicable stage 
exists on any farm or dairy producing milk, cream, butter, cheese, 
or other foods likely to be consumed raw, no such food shall be sold 
or delivered from such farm or dairy, except under the following- 
conditions ; 
(a) That such foods are not brought into the house where any 
such case exists; that all persons coming in contact with such foods 
remain entirely away from the house during the existence of any 
such case; that such food handlers do not come in close contact with 
any occupant of the house during the period of quarantine ; 
(b) That a permit to dispose of these foods be issued by the 
local board of health or by the director of health or his authorized 
representative. 
Adopted August 14, 1925; amended June 21, 1942; effective Au- 
gust 15, 1942. 
Regulation 15. (Permission required to remove patient from one 
health district to another.) Whenever it is necessary for any person 
with a communicable disease, or any susceptible person exposed to 
a communicable disease, to remove from one health district to an- 
other, it shall be the duty of such person or their parent or guardian, 
to request their local health commissioner to secure written permis- 
sion from the health commissioner of the district to which they 
desire to remove. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 16. (Methods of control.) These methods of control 
shall be enforced by all local health officials in the state of Ohio and 
shall be observed by any person afflicted with any of the following 
named diseases or conditions and by their attendants and associates. 
The definition of terms found in Regulation 11, Ohio Sanitary Code, 
shall apply when such terms are used in this regulation: 426 
CLASS A 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
confirmed by microscopic examination of discharges from the 
lesions. 
2. Isolation: None, provided the patient is under adequate medical 
supervision. 
3. Concurrent disinfection: Of discharges from lesions and articles 
soiled therewith. 
4. Terminal disinfection : By thorough cleansing. 
5. Quarantine; None. 
6. Immunization; None. 
7. Investigation of source of infection: In some cases exposure to 
infected cattle may be important. 
B. General measures: 
1. Observance of hygiene of oral cavity. 
2. Inspection of meat, with condemnation of carcasses or infected 
parts of carcasses of infected animals. 
3. Destruction of known animal sources of infection. 
Actinomycosis 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical and bacteri- 
ological. 
2. Isolation of the infected individual until the lesions have healed. 
3. Concurrent disinfection: Of the discharges from lesions and 
articles soiled therewith. Spores can be killed only by special 
measures such as steam under pressure or burning. 
4. Terminal disinfection : Thorough cleaning. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Search for the product of 
the infected animal, and trace to origin for discovery of disease 
in sporadic or epidemic form in domestic animals, where it will 
be found in all but rare instances. 
B. General measures: 
1. Animals ill with disease presumably anthrax should be isolated 
immediately in the care of a veterinarian. Animals proved to 
have the disease should be killed and promptly destroyed, pref- 
erably by incineration. 
Anthrax 427 
2. Immunization of exposed animals under direction of the United 
States Department of Agriculture or the Division of Animal In- 
dustry, Ohio Department of Agriculture. 
3. Post-mortem examination should be made only by a veterinarian 
or in the presence of one. 
4. Milk from an infected animal should not be used during the febrile 
period. 
5. Control and disinfection of effluents and trade wastes and of 
areas of land polluted by such effluents and wastes from factories 
or premises, where spore-infected hides or other infected hide anr 
hair products are known to have been worked up into manufac- 
tured articles. 
6. Every shipment of raw hides, wool, hair, or bristles from sources 
which are not known to be free from anthrax infection should be 
examined by an expert bacteriologist. 
7. A physician should be constantly employed by every company han- 
dling raw hides, or such companies should operate under the direct 
supervision of a medical representative of the health department. 
8. Every employee handling raw hides, hair, or bristles who has an 
abrasion of the skin should immediately report to a physician. 
9. Special instruction should be given to all employees handling raw 
hides in regard to the necessity of personal cleanliness. 
10. Tanneries and woolen mills should be provided with proper venti- 
lating apparatus so that dust is promptly removed before reach- 
ing the respiratory tract of human beings. 
11. Disinfection of hair, wool, and bristles from sources known to be 
or suspected to be infected, before they are used or sorted. 
12. The sale of hide from an animal infected with anthrax should be 
prohibited. A violation of this regulation should be immediately 
reported to the Division of Animal Industry, Ohio Department 
of Agriculture, by telegram, stating the time, place and purchaser 
to whom the hide was sold. The report should also be sent to the 
person purchasing the hide. Carcasses should be disposed of un- 
der the supervision of the Division of Animal Industry, Ohio 
Department of Agriculture. Imported hides are subject to regu- 
lations administered by the United States Bureau of Animal In- 
dustry. In the event that infection is introduced, the Division of 
Animal Industry, Ohio Department of Agriculture, has jurisdic- 
tion over infected animals and the local or state health authorities 
have jurisdiction over infected persons. 428 
Methods of control: 
1. Governmental control by regulation and inspection of commercial 
processing of canned and preserved foods. 
2. Education of housewives and others concerned with home canning 
of foods in the essentials of safe processing, as to time, pressure, 
and temperature factors. 
3. Education in value of boiling with a small amount of soda, home- 
canned green and leafy vegetables before serving, and the thor- 
ough cooking of sausage and other meats and fish products held 
for later consumption. 
Botulism 
Chickenpox (Varicella) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: The chief public health 
importance of this disease is that cases thought to be chickenpox 
in persons over 15 years of age, or at any age during an epidemic 
of smallpox, are to be investigated to eliminate the possibility of 
their being smallpox. 
2. Isolation: For 10 days from the onset of the disease and until 
all crusts have disappeared from the skin. Avoidance of contact 
with non-immune persons should be made effective. 
3. Concurrent disinfection: Articles soiled by discharges from 
lesions. 
4. Terminal disinfection : Thorough cleaning. 
5. Quarantine: None. 
6. Immunization; Passive immunization of susceptible children may 
be of value in institutions when exposure is feared, or under excep- 
tional conditions in individual cases. 
7. Investigation of source of infection: Of no importance unless in 
persons over 15 years of age or when smallpox is suspected or is 
locally prevalent. 
B. General measures: None. 
Cholera 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms 
confirmed by bacteriological examination of stools. 
2. Isolation of patient in hospital or screened room during com- 
municable period. 
3. Concurrent disinfection: Prompt and thorough disinfection of 429 
the stools and vomited matter. Articles used by and in connection 
with the patient must be disinfected. Food left by the patient 
should be burned. 
4. Terminal disinfection: The room in which a sick patient was 
isolated should be thoroughly cleaned. 
5. Quarantine: Contacts for 5 days from last exposure, or longer 
if stools are found to contain the cholera vibrio. 
6. Immunization: Prophylactic immunization of contacts is useful 
and advisable. 
7. Investigation of source of infection: Search for unreported cases 
and carriers. Investigate possibility of infection from polluted 
drinking water or from contaminated uncooked foods. 
B. General 'measures: 
1. Rigid personal prophylaxis of attendants by scrupulous cleanli- 
ness, disinfection of hands each time after handling patient or 
touching articles contaminated by dejecta, the avoidance of eating 
or drinking anything in the room of the patient, and the prohi- 
bition of those attendant on the sick from entering the kitchen. 
2. The bacteriological examination of the stools of all contacts to 
determine carriers. Isolation of carriers. 
3. Water should be boiled, if used for drinking or toilet purposes, 
or if used in washing dishes or food containers, unless the water 
supply is adecpiately protected against contamination or is so 
treated, as by chlorination, that the cholera vibrio cannot sur- 
vive in it. 
4. Careful supervision of food and drink; Where cholera is preva- 
lent, only cooked foods should be used. Food and drink after 
cooking or boiling should be protected against contamination, 
as by flies and human handling. 
C. Epidemic measures: Inspection service for early detection and 
isolation of cases; examination of persons exposed in infected 
centers for detection of carriers, with isolation or control of car- 
riers ; cleaning of rooms occupied by the sick, and the detention, 
in suitable camps for 5 days, of those desirous of leaving for 
another locality. Those so detained should be examined for de- 
tection of carriers. 430 
Conjunctivitis, Acute Infectious 
(Inflammation of the Eyes of the Newborn and 
Gonorrheal Ophthalmia) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease: Clinical symptoms, confirmed where 
possible by bacteriological examination. 
2. Isolation: None, provided the patient is under adequate medi- 
cal supervision. 
3. Concurrent disinfection; Disinfection of conjunctival dis- 
charges and articles soiled therewith. 
4. Terminal disinfection : Thorough cleaning. 
5. Quarantine: None. 
6. Immunization; None. 
7. Investigation of source of infection—among persons recently 
in contact with the patient; The disease in the newborn is 
almost always due to infection from the genital tract of the 
mother. 
B. General measures: 
1. Use of silver nitrate solution in the eyes of the newborn; 
antepartum treatment of mother if gonorrhea is suspected. 
2. Systemic treatment with an appropriate chemotherapeutic 
agent, such as sulfapyridine or sulfathiazole. 
3. Education as to personal cleanliness and as to the danger of 
the use of common towels and toilet articles. 
4. Carrying out of the measures indicated in methods for control 
of gonorrhea. 
Dengue 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting. 
2. Isolation: The patient must be kept in a screened room. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection; Search for unreported 
or undiagnosed cases and for the Aedes aegypti mosquito and 
its breeding places. 
B. General measures: Measures directed toward elimination of mos- 
quitoes (Aedes aegypti). Screening of rooms. Diphtheria 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: By clinical symptoms, 
with confirmation by bacteriological examination of dis- 
charges. 
2. Isolation: Until 2 cultures from the throat and 2 from the 
nose, taken not less than 24 hours apart, fail to show the 
presence of diphtheria bacilli. The first release culture shall 
not be taken earlier than the ninth day of the disease. Iso- 
lation may be terminated if the microorganism reported as 
morphologically “positive,” although persistently present, 
proves to be an avirulent form. Where termination by cul- 
ture is impracticable, cases may be terminated with fair safety 
as a rule 16 days after onset of the disease. A virulence test 
may be made where positive throat cultures are reported 3 
weeks or longer after onset of the disease. 
3. Concurrent disinfection of all articles which have been in con- 
tact with the patient, and all articles soiled by discharges of 
the patient. 
4. Terminal disinfection; At the end of the illness, thorough 
airing and sunning of the sick room, with cleaning or reno- 
vation. 
5. Quarantine: All intimate child contacts, and adult contacts 
whose occupation involves handling of foods or close asso- 
ciation with children, until shown by bacteriological exami- 
nation not to be carriers. 
6. Immunization: Passive immunization with antitoxin is rarely 
necessary for exposed persons over 5 years of age, for whose 
protection daily examination by a physician or nurse suffices. 
Infants and young children exposed to diphtheria in the family 
should receive a prophylactic dose of antitoxin without prior 
Schick testing, unless they are known to have been immu- 
nized. 
7. Investigation of source of infection : In unreported cases, in 
carriers, and milk. 
B. General measures: 
i. All children should be immunized against diphtheria. The 
following procedure is recommended: At 6 to 9 months of 
age either two doses of diphtheria toxoid, alum precipitated, 
or three doses of fluid diphtheria toxoid, at one month inter- 
vals. This same procedure should be applied to all children 
at or below 6 years of age if immunization has been neglected 432 
in infancy. Children given an immunizing treatment during 
infancy should receive a single reinforcing dose on entrance 
to school. 
2. Older children, and adults especially exposed, including teach- 
ers, nurses, and physicians, found to be Schick-positive should 
be actively immunized. In order to minimize local and con- 
stitutional reactions in members of these groups, it is desir- 
able to carry out a preliminary “toxoid reaction test,” non- 
reactors to receive toxoid and reactors multiple small doses 
of suitably diluted toxoid. 
3. Pasteurization of milk supply. 
4. Educational measures to inform the public, and particularly the 
parents of little children, of the advantages of toxoid immuni- 
zation in infancy. 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
confirmed by microscopic examination of stools. 
2. Isolation: None. 
3. Concurrent disinfection : Sanitary disposal of the bowel dis- 
charges. Hand washing after use of toilet. 
4. Terminal disinfection: Cleaning. 
5. Quarantine: None. 
6. Immunization; None. 
7. Investigation of source of infection: Microscopic examina- 
tion of stools of inmates of the household, or of work asso- 
ciates of the infected person, and of other suspected contacts, 
should be supplemented by search for direct contamination of 
water and foods by human feces. 
B. General measures: 
1. Sanitary disposal of human feces. 
2. Protection of potable water supplies against fecal contami- 
nation, and boiling drinking water where necessary. Chlori- 
nation of water supplies as generally used has been found 
inadequate for the destruction of cysts. 
3. Supervision of the general cleanliness, of the personal health 
and sanitary practices of persons preparing and serving food 
in public eating places, especially moist foods eaten raw. The 
routine examination of food handlers to eliminate carriers 
from such occupations is of little or no practical value. 
Dysentery, Amebic (Amebiasis) 433 
4. Education in personal cleanliness, particularly washing hands 
with soap and water after evacuation of the bowels. 
5. Control of fly breeding and protection of foods against fly 
contamination by screening. 
6. Avoidance of cross-connections between public and private 
auxiliary water supplies and of back-flow connections in 
plumbing systems. 
7. Instruction of convalescent and chronic carriers in personal 
hygiene, particularly as to sanitary disposal of fecal waste, 
and hand washing after use of toilet. 
C. Epidemic measures: In case of epidemics due to relatively mas- 
sive doses of infectious material, active measures should be em- 
ployed to discover the source of infection, and to advise the 
public and the medical profession of the early and charac- 
teristic symptoms, of the serious immediate and remote re- 
sults of such infection, and of the good results of treatment 
if instituted early. 
Dysentery, Bacillary 
A, The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
confirmed by bacteriological tests. 
2. Isolation: Infected individuals during the communicable pe- 
riod of the disease, particularly rigid personal precautions by 
attendants. 
3. Concurrent disinfection : Bowel discharges. 
4. Terminal disinfection: Cleaning. 
5. Quarantine: None. 
6. Immunization; No method of immunization is satisfactory. 
Vaccines contain only a few of the many antigens and in ad- 
dition reactions from their use may be severe. 
7. Investigation of source of infection : Important in epidemics; 
investigation of food, water, and milk supplies, general sani- 
tation, and search for carriers may serve to detect the source 
and prevent further spread. For sporadic cases such investi- 
gation is time-consuming and gives meager results. 
B. General measures: 
1. Protection and purification of public water supplies, together 
with prevention of subsequent contamination. 
2. Pasteurization of public milk supplies; use of boiled milk for 
infant feeding. 434 
3. Supervision of preparation and handling of other foods, par- 
ticularly those which are moist and eaten raw. 
4. Hand washing, by food handlers in particular, following use 
of toilet. 
5. Prevention of fly-breeding; screening. 
6. Sanitary disposal of human excreta. 
7. Persons known to be infected, and their attendants, should be 
excluded from handling food for public consumption, and from 
handling the family food supply if possible. 
8. The exercise of rigid precautions in known cases of bacillary 
dysentery is requisite but is inadequate as a safeguard against 
the ever-present risk of infection from concealed sources. 
Reduction of high infant mortality rates is dependent upon 
prevention of diarrhea and enteritis. Infant hygiene, includ- 
ing breast feeding, scrupulous cleanliness at all times in the 
preparation and handling of food for children, and continuous 
attention to diet in order to avoid minor digestive disturb- 
ances that may low'er resistance to the infection will do much 
toward accomplishing this aim. As a precautionary measure, 
all cases of infantile diarrhea should be regarded as bacillary 
dysentery. Prevention of epidemics of bacillary dysentery by 
guarding against massive dissemination of infection should 
be a major concern, particularly in prisons, camps, and in- 
stitutions. 
Encephalitis, Infectious (Lethargic and Nonlethargic) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; Clinical symptoms, 
assisted by microscopical and chemical examination of the spinal 
fluid if lumbar puncture is performed. Virus has been isolated 
from the brain tissue of fatal cases of all types except the Vienna 
type. Development of specific neutralizing power in the blood 
serum of patients may be an aid to identification of the type if 
suitable laboratory facilities are available. 
2. Isolation: Isolation until recovery from the acute manifestations 
of the disease, but no case shall be released until fourteen days 
from the onset of the disease. 
3. Concurrent disinfection: Discharges from the nose, throat, and 
bowel, and articles soiled therewith. 
4: Terminal disinfection; None. 
5. Quarantine: None. 
6. Immunization: None. 435 
7. Investigation of source of infection: Search for prior cases in 
the community and for unreported cases among the associates of 
the patient may develop useful epidemiological information, but 
so far has been of no practical value in control of the different 
types of this disease. 
B. General measures: Mosquito control if practicable. Aedes vexans, 
which has been suspected in the spread of the Eastern equine virus 
to human cases, would usually be difficult to control. 
Favus 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms 
confirmed by microscopic examination of crusts, and cultures on 
Sabouraud’s medium. 
2. Isolation: Exclusion of patient from school and other public 
places until lesions are healed. Patient should wear a light, tight- 
fitting cotton skull cap constantly. This must be changed fre- 
quently and boiled. 
3. Concurrent disinfection; Toilet articles of patient. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection; Search for unreported and 
unsuspected cases among immediate home or play or work asso- 
ciates of the patient. 
B. General measures: 
1. Elimination of common utensils, such as hair brushes and combs. 
2. Provision for adequate and intensive treatment and cure of cases 
of favus at hospitals and dispensaries, to abbreviate the period of 
infectivity of the patient. 
Food Infections and Poisonings 
Methods of control: 
1. All group outbreaks of infections and poisonings attributed to 
foods should be at once reported to the department of health. 
2. Specimens of the foods suspected should be secured and used for 
laboratory examination. 
3. The vomitus and feces of patients should be collected for bac- 
teriological and chemical examination. 
4. Persons concerned with the preparation and serving of foods 436 
should be brought under observation for medical and bacterio- 
logical examination to determine the possible origin, whether from 
bowel discharges or infections of the skin. 
5. Epidemiological inquiries should include particular study of water 
and milk used by the persons affected. 
Isolation, quarantine, concurrent and terminal disinfection are not 
applicable in such cases. 
German Measles (Rubella) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: The reason for noti- 
fication of this disease is that it may be confused with scarlet 
fever during its early stages; each person having symptoms of 
the disease should therefore be placed under the care of a physi- 
cian and the case should be reported to the local department of 
health. 
2. Isolation: Isolation until recovery is complete providing such iso- 
lation shall not cease before seven days from the appearance of 
the rash. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Of no importance except 
to clarify doubts created by clinical difficulty in distinguishing 
this disease from scarlet fever in its early stages. 
B. General Measures: None. 
Glanders 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting. 
2. Isolation: Human case at home or hospital; for infected horses 
destruction rather than isolation is advised. Skin contact with the 
lesions in the living or dead body is to be scrupulously avoided. 
3. Concurrent disinfection : Discharges from human cases and ar- 
ticles soiled therewith. 
4. Terminal disinfection; Stables and contents where infected horses 
are found. 
5. Quarantine of all horses in an infected stable until all have been 
tested by specific reaction, and the removal of infected horses and 
terminal disinfection of stable have been accomplished. 437 
6. Immunization: None of established value or generally accepted. 
7. Investigation of source of infection: Carriers not known in 
humans. Search for infected horses especially in sales stables, 
by observation and specific laboratory tests. 
B. General measures: 
1. The abolition of the common drinking trough for horses. 
2. Sanitary supervision of stables and blacksmith shops. 
3. Semi-annual testing of all horses by a specific reaction where the 
disease is common. 
4. Testing of all horses offered for sale where the disease is common. 
Gonorrhea 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
confirmed by the bacteriological examination or serum reaction. 
2. Isolation; When the lesions are in the genitourinary tract, ex- 
clusion from sexual contact. 
3. Concurrent disinfection: Discharges from lesions and articles 
soiled therewith. 
4. Terminal disinfection: None. 
5. Quarantine: None, if under continuous and approved treatment. 
6. Immunization: None. 
7. Investigation of source of infection: Each acute case should be 
traced to probable source of infection and appropriate control and 
treatment of this spreader of disease instituted. 
Infected persons may become carriers for periods not yet deter- 
mined with certainty, but occasionally for a year or more. 
B. General measures: 
1. Provision of accurate and early diagnosis and careful treatment 
of infected persons with an appropriate chemotherapeutic agent 
such as sulfapyridine or sulfathiazole. Search should be made for 
all recent contacts with infected patients and provision made for 
following all cases until acute manifestations have subsided. 
2. Education in matters of sexual hygiene, particularly as to the fact 
that continence in both sexes at all ages is compatible with health 
and normal development. 
3. Repression of commercialized prostitution, and associated use of 
alcoholic beverages, by police or other competent authority. 
4. Restriction of advertising of services or medicines for the self- 
treatment of sex diseases, etc. 438 
5. Elimination of common towels and toilet articles from public 
places. 
6. Use of prophylactic silver solution in the eyes of the newborn. 
7. Personal prophylaxis should be advised and made available for 
use before or immediately after sexual intercourse to those who 
expose themselves to infection. 
8. Exclusion of persons in the communicable stage of the disease 
from occupations involving contact with children. 
Gonorrheal Ophthalmia 
(See Conjunctivitis, Acute Infectious) 
Hookworm Disease (Ancylostomiasis) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; Microscopic examina- 
tion of bowel discharges. 
2. Isolation: None. 
3. Concurrent disinfection; Sanitary disposal of bowel discharges to 
prevent contamination of soil and water, 
4. Terminal disinfection: None, 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Each case and carrier is a 
potential or actual spreader of the disease. All family contacts 
should be examined. 
8. Treatment: For the removal of worms from the intestinal tract 
appropriate treatment of clinical cases with tetrachlorethylene, 
hexylresorcinol, or carbon tetrachloride, with preference in the 
order named. 
B. General measures: 
1. Education as to dangers of soil pollution and methods of pre- 
vention. 
2. Prevention of soil pollution by installation of sanitary disposal 
systems for human discharges, especially sanitary privies in 
rural areas, and education of the public in the use of such facili- 
ties. 
3. Personal prophylaxis by cleanliness and the wearing of shoes. 
Inflammation of the Eyes of the Newborn 
(See Conjunctivitis, Acute Infectious) 439 
Influenza 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; By clinical symptoms 
only. Uncertain in interepidemic periods. 
2. Isolation: During acute stage of the disease, especially in severe 
cases and those complicated by pneumonia. 
3. Concurrent disinfection: Discharges from the nose and throat of 
patient. 
4. Terminal disinfection: None. 
5. Quarantine; None, but visiting the patient should be discouraged. 
6. Immunization: None. 
7. Investigation of source of infection: Of no practical value. 
B. General measures: 
1. During epidemic efforts should be made to reduce opportunities 
for direct contact infection, as in crowded halls, stores, and street 
cars. Kissing, the use of common towels, glasses, eating utensils, 
or toilet articles should be avoided. In isolated towns and insti- 
tutions infection has been delayed and sometimes avoided by strict 
exclusion of visitors from already infected communities. The 
closing of the public, parochial, and private schools has not been 
effective in checking the spread of infection. The judicious use 
of masks by nurses and other attendants may prove of value in 
preventing infection in hospitals. Scrupulous cleanliness of dishes 
and utensils used in preparing and serving food in public eating 
places should be required, including the subjection of such articles 
to disinfection in hot soapsuds. In groups which can be brought 
under daily professional inspection, the isolation of early and 
suspicious cases of respiratory tract inflammation, particularly 
when accompanied by a rise in temperature, may delay the spread 
of the disease. To minimize the severity of the disease, and to 
protect the patient from secondary infections and thus reduce 
mortality, patients should go to bed at the beginning of an at- 
tack, and not return to work without the approval of their physi- 
cian. Appropriate chemotherapy should be instituted at once if 
evidence of secondary pneumonia appears. 
2. Large aggregations of young adults unaccustomed to such associa- 
tion create a danger of spread of influenza when it is prevalent, 
especially when the individuals are subjected to chilling, much 
fatigue, or deprivation of customary bodily comforts. 
3. Crowding of beds in hospitals and institutions to accommodate 
increased numbers of patients and other inmates is to be espe- 440 
dally avoided. Increased spacing between beds in wards and 
dormitories should be carried out to reduce the risk of attack, 
and of the occurrence of pneumonia. 
Leprosy 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms con- 
firmed by microscopic examination where possible. 
2. Isolation: Isolation of bacteriologically positive cases occurring 
in endemic form in national leprosarium until a condition of 
apparent arrest has been present for at least 6 months, as deter- 
mined by clinical observation and absence of acid-fast bacilli on 
repeated examinations. Paroled and other negative patients should 
be reexamined periodically, the suggested interval being 6 months. 
3. Concurrent disinfection; Discharges and articles soiled with dis- 
charges. 
4. Terminal disinfection: Thorough cleaning of living premises of 
patient. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: This should be undertaken 
especially in cases of apparently recent origin. The long and 
uncertain period of incubation, and the length of intimate contact 
believed to be necessary, make the discovery of the source of 
infection a matter of great difficulty. 
B. General measures: 
1. In endemic areas leprosy is usually contracted in childhood but 
it may be acquired in adult life. Infants should be separated 
from leprous parents at birth, and in educational efforts stress 
should be placed upon the greater risk of exposure in early life. 
2. Lack of information as to the determining factors in the spread 
and communication of the disease makes any but general advice in 
matters of personal hygiene of no value. 
3. As a temporary expedient, patients may be properly cared for in 
general hospitals, or if conditions of the patient and his environ- 
ment warrant, he may be allowed to remain on his own premises 
under suitable regulations. 
4. In those parts of the United States in the temperate zone farther 
north where the disease shows no tendency to spread, suitable 
medical and nursing care of infected persons is sufficient. Lymphogranuloma Venereum, Granuloma Inguinale and 
Climatic Bubo 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms. 
2. Isolation: Exclusion of infected persons from sexual contacts and 
from preparation and serving of food during period of communica- 
bility. 
3. Concurrent disinfection; Discharges and articles soiled therewith. 
4. Terminal disinfection: None. 
5. Quarantine; None. 
6. Immunization; None. 
7. Investigation of source of infection: Search should be made for 
case of origin, particularly among prostitutes and among persons 
of Negro race, and among former residents of tropical and sub- 
tropical areas. 
K. General measures: 
1. Education in matters of sexual hygiene, particularly as to the 
fact that continence in both sexes and at all ages is compatible 
with health and normal development. 
2. Repression of commercial prostitution and associated use of 
alcoholic beverages by use of police and other competent authority 
and control of living premises. 
3. Elimination of the use of common towels, cups, toilet articles, 
and eating utensils. 
4. Personal prophylaxis should be advised and made available for 
use immediately after sexual intercourse to those who expose 
themselves to opportunity for infection. 
Malaria 
A. The infected individual and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
always to be confirmed by microscopical examination of the blood. 
Repeated examination of blood films may be necessary. 
2. Isolation: The individual with malarial parasites in his blood 
should be protected from the bites of mosquitoes. With the 
exception of this simple precaution, isolation and quarantine are 
of no avail. 
3. Concurrent disinfection: None. Destruction of Anopheles mos- 
quitoes in the dwelling. 
4. Terminal disinfection: None. Destruction of Anopheles mos- 
quitoes in the dwelling. 442 
5. Quarantine: None. 
6. Immunization: None. The administration of prophylactic doses 
of quinine or atabrine should he insisted on for visitors con- 
stantly exposed to infection and unable to protect themselves 
against Anopheles mosquitoes. This is not in an exact sense 
prophylaxis but early therapeusis. 
7. Specific therapy: Quinine sulfate is preferred for routine treat- 
ment and atabrine is found by some to be equally reliable. Small 
daily doses of plasmochin appear to lower the relapse rate. 
8. Investigation of source of infection: Breeding places and house 
infestation by Anopheles mosquitoes should be sought for and 
larvae and mosquitoes destroyed when and where possible. Dis- 
section of house-caught mosquitoes reveals which of the species 
found is the important vector. The breeding places of this par- 
ticular species should be located and its reproduction prevented. 
B. General measures: 
1. Employment of known measures for destroying larvae of ano- 
phelines and the eradication of breeding places of such mos- 
quitoes. 
2. Blood examination of persons living in infected centers to deter- 
mine the incidence of infection. 
3. Screening sleeping and living quarters; use of mosquito nets. 
4. Killing mosquitoes in living quarters. 
5. Education of the public as to the mode of spread and methods of 
prevention of malaria. 
6. Adequate curative treatment of persons with clinical attacks of 
malaria. 
Measles (Rubeola) 
A. The infected individual, contacts, and environment : 
1. Recognition of the disease and reporting: Clinical symptoms. 
Special attention to rise of temperature, Koplik spots and catarrhal 
symptoms in exposed individuals. 
2. Isolation: Isolation until recovery is complete providing such 
isolation shall not cease before seven days from the appearance 
of the rash. 
3. Concurrent disinfection: All articles soiled with the secretions of 
the nose and throat. 
4. Terminal disinfection: Thorough cleaning. 
5. Quarantine: When the disease is very prevalent and in large 
communities, quarantine of exposed susceptible children is im- 
practicable and of no value. Exclusion of exposed susceptible school children and teachers from school until 14 days from last 
exposure may be justifiable under sparsely settled rural conditions. 
This applies to exposure in the household. Exclusion of exposed 
susceptible children from all public gatherings under the same 
conditions for the same period. If the date of only exposure is 
reasonably certain, an exposed susceptible child of school age may 
be allowed to attend school for the first 7 days of the incubation 
period. Quarantining of institutions of young children and of 
wards or dormitories where exposure is suspected is of value. 
Strict quarantine of wards of infants if a case occurs in an in- 
stitution is important. 
6. Immunization: By the use of the serum or whole blood of con- 
valescent patients, or of any healthy adults who have had measles, 
or by the use of immune globulin, given within 5 days after first 
exposure to a known case of measles, the attack in the exposed 
person may be averted in a considerable percentage of instances; 
if not averted, the disease may be modified. Given later, but at a 
time prior to the clinical onset of the disease, convalescent serum 
usually modifies the severity of the attack and the patient probably 
acquires the usual lasting immunity to the disease. 
7. Investigation of source of infection: Search of exposed suscep- 
tible children under 3 years of age is profitable. Carriers are 
not known to occur. Every effort should be made to have all 
cases reported early in the disease by the physician, or, if there 
is none in attendance, by parent or guardian. The chief object 
of discovering cases is to give all possible protection to the very 
young or debilitated against infection, to administer passive im- 
munization if practicable, and to secure adequate medical care 
for those infected. 
B. General measures: 
1. Daily examination of exposed children and of other possibly 
exposed persons. This examination should include record of the 
body temperature. A non-immune exposed individual exhibiting 
a rise of temperature of 0.50 C. or more should be promptly 
isolated pending diagnosis. 
2. Schools should not be closed or classes discontinued, but daily 
observation of the children by physician and nurse should be pro- 
vided for. 
3. Education as to special danger of exposing young children to 
those exhibiting fever and acute catarrhal symptoms of any kind 
particularly during years and seasons of epidemic prevalence of 
measles. 444 
4. In institutional outbreaks, immunization and convalescent serum 
of all minor inmates who have not had measles is a value in 
checking the spread of infection and in reducing mortality. No 
new admissions and no visitors under t6 years of age should be 
permitted in an institution for children, during a measles outbreak 
in the community or in the institution. 
5. The immunization of infants and children under 3 years of age 
with convalescent serum or whole adult blood in families where 
cases of measles occur in older children or adults should be en- 
couraged by the department of health and by private physicians. 
Meningococcus Meningitis (Cerebrospinal Fever) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; Clinical symptoms 
confirmed by the microscopic and bacteriological examination of the 
spinal fluid, and by the bacteriological examination of nasal and 
pharyngeal secretions. 
2. Isolation: Isolation of the patient until all signs of the disease 
have disappeared. No person shall be released less than fourteen 
days after the onset of the disease. 
3. Concurrent disinfection: Of discharges from the nose and mouth 
or articles soiled therewith. 
4. Terminal disinfection: Cleaning. 
5. Quarantine: Children under 16 years of age for a period of 10 
days from date of last exposure. 
6. Immunization: None. 
7. Investigation of source of infection: Impracticable. 
8. Prompt treatment with an appropriate chemotherapeutic agent 
such as sulfathiazole or sulfanilamide, or a combination of sero- 
therapy and chemotherapy, may be useful in limiting communica- 
bility. 
B. General measures: 
1. Education as to personal cleanliness and necessity of avoiding 
contact and droplet infection. 
2. Prevention of overcrowding such as is common in living quarters, 
transportation conveyances, working places, and especially in 
barracks, camps, and ships. 
C. Epidemic measures: 
i. Increase the separation of individuals and the ventilation in 
living and sleeping quarters for such groups of people as are 
especially exposed to infection because of their occupation or 445 
some necessity of living conditions. Chilling, bodily fatigue, and 
strain should be minimized for those especially exposed to in- 
fection. 
Mumps (Infectious Parotitis) 
A. The infected individual, contacts and environment: The following 
procedures are in common use but cannot be relied upon as a means of 
effective control of the disease. 
1. Recognition of the disease and reporting: The diagnosis is usually 
made on swelling of the parotid gland. 
2. Isolation; Separation of the patient from non-immune children 
and adults and exclusion of the patient from school and public 
places until swelling of salivary glands has entirely disappeared. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. Exposed susceptible persons should be 
regularly inspected for the presence of initial symptoms of the 
disease, such as fever, or swelling or pain of the parotid or sub- 
maxillary glands, for 3 weeks from the date of last exposure. 
Exposed children medically certified as having had the disease 
should not be excluded from school as susceptibles. 
6. Immunization: None. Passive temporary immunity by convales- 
cent serum or blood still in experimental stage. 
7. Investigation of source of infection: Search for unreported or 
recent cases among associates of the patient in school or family 
or other groups of young people. Carriers are not known to 
occur. 
B. General measures: None. 
Paratyphoid Fever 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms con- 
firmed by specific agglutination test, or by bacteriological examina- 
tion of blood, bowel discharges, or urine. 
2. Isolation: In fiyproof room, preferably under hospital conditions, 
of such cases as cannot command adequate sanitary environment 
and nursing care in their homes. Release from isolation should 
be determined by two successive negative cultures of stool and 
urine specimens collected not less than 24 hours apart. 
3. Concurrent disinfection: Disinfection of all bowel and urinary 
discharges and articles soiled with them. 
4. Terminal disinfection: Cleaning. 446 
5. Quarantine: None. 
6. Immunization: Of exposed susceptibles. 
7. Investigation of source of infection: Search for common source 
in polluted water, milk, shellfish or other food, and individual 
sources as unreported cases and carriers. 
B. General measures: 
1. Protection and purification of public water supplies. 
2. Pasteurization of public milk supplies. 
3. Limitation of collection and marketing of shellfish to those from 
approved sources. 
4. Supervision of other food and water supplies, and of food handlers. 
5. Prevention of fly breeding. 
6. Sanitary disposal of human excreta. 
7. Extension of immunization by vaccination to persons especially 
subject to exposure by reason of occupation and travel, to those 
living in areas of high endemic incidence of typhoid fever, and 
to those for whom the procedure can be systematically and eco- 
nomically applied, as military forces and institutional populations, 
depending on prevalence of the disease. 
8. Discovery and supervision of paratyphoid carriers and their ex- 
clusion from the handling of foods. 
9. Exclusion of suspected milk supplies on epidemiological evidence 
pending discovery and elimination of the personal or other cause 
of contamination of the milk. 
10. Exclusion of suspected water supplies until adequate protection 
or purification is provided unless all water used for toilet, cooking, 
and drinking purposes is boiled before use. 
Pellagra 
Methods of control: 
1. Education in the use of pellagra-preventive articles of diet, par- 
ticularly liver, lean meats, leafy green vegetables, and milk. 
2. Provision of dried brewer’s yeast containing specific pellagra-pre- 
ventive substance, to be distributed by the health or other public 
authority among persons economically unable to provide pellagra- 
preventive substance by usual table food. 
3. Specific therapy: Nicotinic acid and its nicotinamide are specific. 447 
Plague, Bubonic, Septicemic, Pneumonic 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, con- 
firmed by bacteriological examination of blood, pus from glandular 
lesions, or sputum. Animal inoculation of material from sus- 
pected cases. Investigation of all. deaths during epidemics with 
autopsy and laboratory examination when indicated. 
2. Isolation; Patient in hospital if practicable; if not, in a screened 
room which is free from vermin. 
3. Concurrent disinfection: Sputum and articles soiled therewith, 
in pneumonic type of the disease. 
4. Terminal disinfection: Thorough cleaning followed by fumiga- 
tion to destroy rats and fleas. Handling of the bodies of persons 
dying of plague under strict antiseptic precautions. 
5. Quarantine: Contacts of pneumonic cases for 7 days. 
6. Immunization; Ordinarily not practicable. 
7. Investigation of source o'f infection: Search for human (in 
pneumonic), and rodent (in bubonic) sources to which patient is 
known to have been exposed, among wild rodents, and particularly 
the rat. 
B. General measures: 
1. Extermination of rats and vermin by use of known methods for 
their destruction; destruction of rats on ships arriving from in- 
fected ports; examination of rats, ground squirrels, etc., in areas 
where the infection persists, for evidence of endemic or epidemic 
prevalence of the disease among them. 
2. Ratproofing of buildings and elimination of breeding places and 
opportunities for the harboring and feeding of rats as a funda- 
mental sanitary measure. 
3. Ratproofing of ships. 
Pneumonia, Acute Lobar 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms. 
Specific infecting organisms may be determined by serological and 
bacteriological tests early in the course of the disease, which may 
give basis for epidemiological studies and for specific therapy. 
2. Isolation: Medical aseptic technique. 
3. Concurrent disinfection: Discharges from the nose and throat 
of the patient. 
4. Terminal disinfection: Thorough cleaning and airing. 5. Quarantine; None. 
6. Immunization: None. 
7. Prompt treatment with an appropriate chemotherapeutic agent 
such as sulfapyridine or sulfathiazole, or a combination sero- 
therapy and chemotherapy, may be useful in limiting communica- 
bility. 
B. General measures: 
1. Whenever practicable and particularly in institutions, barracks, 
and on shipboard, crowding in living and sleeping places should 
be avoided. The general resistance should be conserved by good 
food, fresh air, sufficient sleep, temperance in the use of alcoholic 
beverages, and other hygienic measures. 
Poliomyelitis 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
assisted by microscopical and chemical examination of the spinal 
fluid if lumbar puncture is performed. 
2. Isolation: Isolation until recovery from the acute manifestations 
of the disease, hut no case shall he released until fourteen days 
from the onset of the disease. 
3. Concurrent disinfection: Nose, throat, and bowel discharges, 
and articles soiled therewith. 
4. Terminal disinfection: None. 
5. Quarantine: Exposed children of the household of school age 
are to be kept from school, and adults of the household whose 
vocations bring them into contact with children or with food 
to be eaten uncooked are to be kept from such vocation for 14 
days from last exposure to recognized case. 
6. Immunization: None. 
7. Investigation of source of infection: Search for and expert 
diagnosis of sick children to locate unrecognized and unreported 
cases of the disease. 
B. General measures during epidemics: 
1. General warning to physicians and the laity of the prevalence or 
increase of incidence of the disease, description of usual character- 
istics of onset, and necessity for diagnosis and medical care, par- 
ticularly for bed rest of patients and protection of their muscles. 
2. All children with fever should be isolated pending diagnosis. 
3. Education in such technique of bedside nursing as will prevent 
distribution of infected discharges to others from cases isolated at 
home. 449 
4. Protection of children so far as practicable against unnecessary 
contact with other persons, especially those outside their own 
homes, during epidemic prevalence of the disease. 
5. Postponement of nose and throat operations on children in the 
presence of an epidemic, 
6. Avoidance of unnecessary physical strain in children during an 
epidemic or in case of known exposure. 
Psittacosis 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting. 
2. Isolation; Important during the febrile and acute clinical stage 
of the disease. When actually handling patients with a cough, 
nurses should wear gauze masks, 8 layers of 40 to 48 threads per 
inch, or 16 layers 20 to 24 threads per inch. 
3. Concurrent disinfection: Of all discharges. 
4. Terminal disinfection; Incriminated birds should be killed and 
their bodies immersed in 2 percent cresol. The spleens then should 
be aseptically removed, part placed in equal parts of sterile glycerin 
and standard phosphate buffer solution of pH 7.5, and part in 
suitable fixative, and both specimens sent to the nearest available 
laboratory for examination. Carcasses should be burned before 
feathers dry. 
5. Quarantine: Buildings which housed birds should be quarantined 
until thoroughly cleaned and disinfected. 
6. Immunization: No demonstrated method yet fully accepted. 
7. Investigation of source of infection; Important, in order to trace 
infected lots of birds. Though apparently healthy birds occa- 
sionally convey the disease, healthy human carriers are unknown. 
B. General measures: 
1. Strict regulation of traffic in birds of parrot family based on 
quarantine and laboratory examination, but prohibition of such 
traffic is preferable. 
2. Quarantine of homes and pet shops known to have harbored in- 
fected birds, until thoroughly cleaned. 
3. Education of community in the danger of making house pets of 
birds of the parrot family, particularly when the birds have been 
recently imported or are of doubtful history as to contact with 
other and especially with sick birds of tropical origin. 450 
Puerperal Infection (Puerperal Septicemia) 
A. Methods of control: 
1. Better education of physicians, nurses, and midwives in the science 
and art of midwifery. 
2. Strict asepsis in midwifery with especial attention to possibility 
of contamination by invisible spray from mouth and nose. 
3. Licensing and supervision of midwives where better attendance 
at childbirth cannot be provided. 
4. Official supervision or licensing of all institutions offering mater- 
nity services. 
5. Education of women in the hazards of self-interruption of preg- 
nancy. 
A. The infected individual, contacts, and environment: 
i. Recognition of the disease and reporting: Clinical symptoms, con- 
firmed by the presence of Negri bodies in the brain of the animal 
which has caused the injury, and by animal inoculations with ma- 
terial from the brain of such animal. 
2. Isolation: None if the patient is under adequate medical super- 
vision, and the immediate attendants are warned of possibility 
of inoculation by human virus. 
3. Concurrent disinfection of saliva of patient and articles soiled 
therewith, 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: Therapeutic vaccination of the patient, after ex- 
posure to infection by actual inoculation with saliva. The pos- 
sible chance of infection is to be weighed against the real but 
very small chance of developing paralysis due to the treatment, 
which may be fatal. 
7. Investigation of source of infection: Search for the rabid animal 
and for any animals bitten by it. Carriers in animals are not 
known to occur. 
Rabies 
B. General measures: 
1. Detention and examination of dogs suspected of having rabies. 
2. Immediate antirabic treatment of people bitten by dogs or by other 
animals suspected or known to have rabies, unless the animal is 
proved not to be rabid by subsequent observation or by micro- 
scopic examination of the brain and cord. The wound caused by 
any bite of a rabid animal should be treated at once to the depths 
with fuming nitric acid, with complete protection of the eye in 
the case of face bites. 451 
3. Education in the care of dogs, especially directed to dog owners 
and the police, including advice against shooting of rabid or sus- 
pected animals in the head lest the laboratory examination of the 
brain be rendered difficult or impossible. Dog owners should be 
impressed with the serious implications of keeping dogs in densely 
built up cities. 
4. Control of dog population by requiring annual license, provision 
for the impounding and the humane destruction of all unlicensed 
dogs, quarantine of all dogs in areas where rabid animals have 
run at large. 
5. Preventive vaccination of dogs is still in the experimental stage. 
Rocky Mountain Spotted (or Tick) Fever 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: All cases of the disease 
should be reported to the health authorities. 
2. Isolation; None. 
3. Concurrent disinfection: All ticks on the patient should be de- 
stroyed. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Investigation of source of infection; Determination of areas where 
there are infected ticks should be attempted wherever practicable. 
B. General measures: 
1. Personal prophylaxis by avoidance of tick-infested areas when 
feasible, by careful removal of ticks from the person as promptly 
as possible, and by protection of the hands when removing ticks 
from animals. 
2. The destruction of ticks by clearing and burning vegetation, and 
the destruction of small mammalian hosts of ticks in infested 
zones have been suggested. 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: By clinical symptoms. 
2. Isolation: In home or hospital, maintained in each case until the 
end of the period of communicability. No case will be released 
in less than 21 days from the date of onset of the disease. 
3. Concurrent disinfection: Of all articles which have been in con- 
tact with a patient and all articles soiled with discharges of the 
patient. 
Scarlet Fever (Scarlatina) 452 
4. Terminal disinfection: Thorough cleaning. 
5. Quarantine: Exclusion of exposed children and teachers from 
association with children, and food handlers from their work, 
until 7 days have elapsed since last exposure to a recognized case. 
6. Immunization: Passive immunization by the injection of human 
convalescent serum or scarlet fever antitoxin affords protection 
for about 12 days but such treatment of exposed persons is not 
warranted except under special circumstances and then only after 
making a Dick test to determine actual need. It is better to 
observe closely the exposed individual and reserve specific treat- 
ment until clinical signs develop. Active immunization of Dick- 
positive persons may be desired on a private basis but is generally 
impracticable as a public health measure. 
7. Investigation of source of infection: The responsible authority 
should determine definitely whether some food is the common 
source (such as raw milk or milk products). In rural areas 
efforts to discover human sources of infection may be of value. 
Beyond this little can he done since present means are not prac- 
ticable for the identification of infected persons and carriers of 
hemolytic streptococci capable of causing scarlet fever. 
B. General measures: 
1. Daily examination of exposed children and of other possibly 
exposed persons for a week after last exposure. Encourage re- 
moval of young susceptible contacts in the family to homes of 
adult friends for duration of communicable stage in the patient. 
2. Schools should not be closed but rather daily inspection of the 
children and teachers by a physician or nurse should be provided. 
3. In school and institutional outbreaks immunization of all exposed 
children with scarlet fever toxin may be advisable. 
4. In the presence of a sharp outbreak, modified isolation of persons 
with sore throat or upper respiratory tract infection, at least 
through the clinically active stage, particularly if exposure to 
scarlet fever patients be determined. 
5. Education as to special danger of exposing young children to 
those exhibiting acute catarrhal symptoms of any kind. 
6. Pasteurization of milk supply. 
Septic Sore Throat 
A. The infected individual, contacts, and environment: 
i. Recognition of the disease and reporting: Clinical symptoms. 
Bacteriological examination of the lesions or discharges from the 
tonsils and nasopharynx may be useful. 453 
2. Isolation: During the clinical course of the disease and con- 
valescence, and particularly exclusion of the patient from par- 
ticipation in the production or handling of milk or milk products. 
3. Concurrent disinfection: Articles soiled with discharges from 
the nose and throat of the patient. 
4. Terminal disinfection: Cleaning. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection; Search for cases and carriers 
among milkers and other handlers of unpasteurized milk, and for 
mastitis in milk cows. 
B. General measures: 
1. Exclusion of suspected milk supply from public sale or use until 
pasteurized. The exclusion of the milk of an infected cow or 
cows in small herds is possible when based on bacteriological 
examination of the milk of each cow, and preferably the milk 
from each quarter of the udder at frequent intervals. Exclusion of 
human cases or carriers from handling milk or milk products. 
2. Pasteurization of all milk. 
3. Education in the principles of personal hygiene and avoidance of 
the use of common towel, drinking and eating utensils. 
4. In the absence of an epidemic, the milk of any cow with evidence 
of mastitis should be excluded from sale or use as a protection 
in addition to pasteurization. 
Smallpox (Variola) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms. 
The rapidly fatal or fulminating type and the very mild type 
may escape diagnosis until secondary cases appear. 
2. Isolation: Isolation until recovery is complete and desquamation 
has entirely ceased. 
3. Concurrent disinfection of all discharges: No article to leave 
the surroundings of the patient without boiling or equally ef- 
fective disinfection. 
4. Terminal disinfection. Thorough cleaning and disinfection of 
premises. 
5. Quarantine: (1) Residing in the house or place with the patient. 
Exposed persons who are immune by reason of a previous attack 
or by successful vaccination within five years, shall be permitted 
to remove from the house provided they do not return until the 454 
quarantine is lifted. Immune persons who do not remove from 
the house must remain until quarantine is lifted. 
Susceptible persons must remain in the quarantined house, 
unless they are vaccinated within four days of first exposure, 
when they may be permitted to remove providing they remain 
under the observation of the health commissioner or some physi- 
cian appointed by him. 
Susceptible persons who refuse vaccination or who are vac- 
cinated later than four days following first exposure shall remain 
in the quarantined house until disinfection is performed, and 
for an additional period of seventeen days, unless seventeen days 
shall have elapsed since the time of successful vaccination, 
(2) Residing apart from the patient. Exposed persons who 
are immune by reason of a previous attack, or by successful vac- 
cination within five years, shall not be quarantined. 
Exposed persons who are vaccinated within four days of 
the first exposure shall be kept under observation for a period 
of twelve days by the health commissioner or some physician ap- 
pointed by him, but shall not be quarantined. 
Exposed persons who submit to vaccination and show a 
definite immune reaction may be released from observation or 
quarantine. 
Exposed persons who cannot be vaccinated within four days 
of the first exposure, but who are later vaccinated, shall be quar- 
antined until there is plain evidence of successful vaccination or 
until seventeen days from the date of last exposure to the disease. 
Exposed persons who refuse vaccination shall be quarantined 
for seventeen days from the date of last exposure to the disease. 
6. Immunization: Vaccination. Only dermal vaccination with calf 
vaccine is recommended. 
7. Investigation of source of infection: The immediate prior case 
should he sought industriously, and cases of reported chickenpox 
associated in time or place carefully reviewed for error of diagno- 
sis. Active cases of the disease without remaining constitutional 
symptoms must be sought, also passive carriers recently in contact 
with cases, and exposed vaccinated persons who may have devel- 
oped unrecognized forms of the disease, and thus be serving as 
sources of infection. 
B. General measures: 
i. General vaccination in early infancy, revaccination of children 
on entering a school, and of entire population when the disease 
appears in a severe form. 455 
2. Preservation of smallpox vaccine below freezing up to the hour 
of vaccination. This includes shipment between cakes of dry ice. 
3. In order to avoid possible complications or secondary and sub- 
sequent infections at the site of vaccination, it is important that 
the vaccination insertion be as small and superficial as practicable, 
not over one-eighth inch in any direction, and that the site be 
kept dry and cool. The use of shields or other dressings is to 
be xondemned. The multiple pressure method is recommended. 
Primary vaccination as soon after one (1) week of age as pos- 
sible is desirable. The time of vaccination should be adjusted to 
avoid skin lesions elsewhere on the body, and in older children 
to avoid the warmer months. Particular care should be used in 
primary vaccinations beyond the age of infancy. Previous im- 
munity is not shown by the result of a vaccination unless a fully 
potent vaccine was used which had been kept continuously below 
freezing from the time of manufacture until the hour of use. 
Syphilis 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
confirmed by microscopical examination of discharges and by 
serum reactions. Treatment should never be instituted without 
laboratory confirmation. 
2. Isolation: Essential for noncooperative patients at least until 
surface lesions have healed. No person while in the communicable 
stage of syphilis should be permitted to engage in occupations of 
personal service in which he or she may infect others with 
syphilis, such as those of nurse or nursemaid, domestic servant, 
barber, hairdresser, chiropodist, manicurist, bath attendant, mas- 
seur, wet nurse. Sexual intercourse should be specifically warned 
against and so far as possible prevented for persons with syphilis 
until declared to be no longer in the communicable stage, by the 
physician responsible for treatment of the patient. 
3. Concurrent disinfection of discharges and of articles soiled there- 
with. 
4. Terminal disinfection: None. 
5. Quarantine: None, if under continuous and approved treatment. 
6. Immunization: None. 
7. Investigation of source of infection: Each case, particularly those 
cases of presumably recent origin, as the congenital form of the 
disease in infants, and early cases of the acquired disease, should 
be traced to the probable source of infection, appropriate control 456 
and treatment of this spreader of disease instituted, and further 
exposed contacts examined for unsuspected or unreported cases. 
B. General measures: 
1. Provision for accurate and early diagnosis with special attention 
to the prompt detection of infected persons, provision for their 
treatment to prevent open lesions during the first 2 years follow- 
ing their initial infection, due consideration for privacy of record 
consistent with effective control of the patient, and search for 
source of infection. 
2. Education in matters of sexual hygiene, particularly as to the fact 
that continence in both sexes and at all ages is compatible with 
health and normal development. 
3. Repression of commercial prostitution and associated use of al- 
coholic beverages, by the police or other competent authority. 
4. Restriction of the advertising of services or medicines for self 
treatment of sex disease, and the prescribing of treatment by 
drug clerks. 
5. Elimination of the use of common towels, cups, and toilet articles 
from public places. 
6. Serological as well as clinical examination for syphilis should be 
part of the routine prenatal supervision of the expectant mother 
and if she is found to be infected, anti-syphilitic treatment should 
be begun if possible before the end of the fifth month of preg- 
nancy. 
7. Routine serological blood tests should be employed as a part of 
every physical examination, particularly in the age group from 
20 to 40 years. 
8. Personal prophylaxis should be advised and be made available for 
use before or immediately after sexual intercourse to those who 
expose themselves to infection. 
Tetanus 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms may 
be confirmed bacteriologically. 
2. Isolation; None. 
3. Quarantine: None. 
4. Immunization: Ordinarily a subcutaneous injection of tetanus 
antitoxin (1,500 units) given on the day of the wound. A second 
injection within 10 days may be desirable in certain instances. 
Previous active immunization with tetanus toxoid is preferable 
for those likely to be exposed to infection with tetanus. 457 
5. Investigation of source of infection: Of only academic interest, 
as the infecting organism is widely spread, especially through 
animal feces, in all inhabited places. 
6. Concurrent disinfection: None. 
7. Terminal disinfection: None. 
B. General measures: 
1. Educational propaganda such as “safety first” campaign, and 
“safe and sane Fourth of July” campaign. 
2. Prophylactic use of tetanus antitoxin where wounds have been 
acquired in regions where tetanus is prevalent, and in all cases 
where contaminated material may be embedded in the wound. 
3. Removal of all foreign matter as early as possible from all 
wounds. 
4. Avoidance of dressing for smallpox vaccinations. 
Trachoma 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms. 
2. Isolation: Exclusion of the patient from school and public places. 
Isolation of the patient is not necessary if he is properly treated 
and instructed in precautions against spread of secretions of the 
eye to others by common use of articles. The period of com- 
municability apparently may be shortened by appropriate chemo- 
therapy. 
3. Concurrent disinfection of discharge and articles soiled*therewith. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Careful search should be 
made of persons in any way intimately related or exposed to the' 
patient, particularly members of the household, and playmates and 
schoolmates. Carriers are not known to occur, but apparently 
healed scars of old lesions may be the site of reactivity and be- 
come sources of infection. 
B. General measures: 
1. Search for cases by examination of school children, or immi- 
grants, and among the families and associates of recognized cases; 
in addition, search for acute secreting disease of conjunctivae and 
adnexed mucous membranes, both among school children and in 
their families, and treatment of such cases until cured, 5% sulfa- 
thiazole ophthalmic ointment recommended. 458 
2. Elimination of towels and toilet articles used in common. 
3. Education in the principles of personal cleanliness and the neces- 
sity of avoiding direct or indirect transference of body discharges. 
4. Control of public dispensaries where communicable eye diseases 
are treated, and creating of special treatment classes where the dis- 
ease prevails. 
5. Exclusion of infected immigrants at national boundaries, or prefer- 
ably at foreign port of embarkation. 
6. Routine examination of eyes of children admitted to institutions, 
or in industrial camps where the disease is prevalent. 
7. Under certain conditions in areas of widespread prevalence of 
the disease, the prophylactic use of solutions of zinc sulfate (1 
percent), or copper sulfate (0.5 percent) may prove a valuable 
protective measure for children. 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
marked eosinophilia, and intradermal and precipitin tests, con- 
firmed after the third week of symptoms or fever by examination 
of biopsied muscle for encysted larvae. 
2. Isolation; None. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Effort should be made to 
trace source of infection in pork or pork products believed to be 
involved. Examination of pressed or digested preparation may 
reveal trichina larvae. 
B. General measures: 
1. Inauguration of local and state meat inspection to assurie ade- 
quate processing of all pork products not processed under Federal 
inspection, and customarily eaten without further adequate cooking 
by the consumer. 
2. Encouragement of farmers and hog raisers in the use of standard 
swine sanitation practices which will reduce opportunity for 
trichina infection in swine. 
3. Control of rats, particularly on farms and around hog-raising 
establishments and stockyards. 
4. Burial or other adequate disposal of rat and swine carcasses to 
prevent hogs from feeding on them. 
Trichinosis 459 
5. Elimination of the current practice of feeding garbage and offal 
to swine or the adoption and enforcement of suitable laws and 
regulations ensuring cooking such material before its consumption 
by swine. 
6. Cooking of all fresh pork and pork products by the consumer, at 
a temperature and for a time sufficient to allow all parts of the 
meat to reach a temperature of at least 150° F., unless it is known 
that these meat products have been processed under Federal or 
other official regulations adequate for the destruction of trichinae. 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; By use of the X-ray 
followed by thorough physical examination supplemented by tu- 
berculin testing when necessary and confirmed by bacteriological 
examination of sputum and other materials. Early discovery in 
contacts, particularly in family groups exposed to an open case of 
tuberculosis (“Positive” sputum), is of great importance. 
2. Isolation of such “open” cases as do not observe the precautions 
necessary to prevent the spread of the disease. A period of hos- 
pital or sanatorium treatment is very desirable in all cases to 
remove the patient as a focus of infection in his home, and to 
teach him the hygienic essentials of tuberculosis control as well 
as to increase his chances of recovery. 
3. Concurrent disinfection: Of sputum and articles soiled with it. 
Particular attention should be paid to prompt disposal or disin- 
fection of sputum itself, of handkerchiefs, cloths, or paper soiled 
therewith, and of eating utensils used by the patient. Patients 
should be trained in aseptic respiratory technique in sneezing, 
coughing, laughing, and talking. 
4. Terminal disinfection: Cleaning and renovation. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Contacts of all known cases 
should be examined roentgenologically, with particular attention 
to elderly persons with chronic cough. 
Tuberculosis, Pulmonary 
B. General measures: 
1. Education of the public in regard to the danger of tuberculosis, 
the mode of spread, and the methods of control, with especial stress 
upon the danger of exposure and infection in early childhood. 
2. Provision of X-ray and clinical facilities for examination of con- 
tacts and suspects, public health nursing service for home super- 460 
vision of cases and for ensuring examination of contacts, and dis- 
pensary service for continuation of collapse therapy in ambulant 
cases and for clinical supervision of patients not otherwise so 
supervised. 
3. Provision of adequate sanatorium facilities for isolation and 
treatment of active cases. A minimum of 2 beds per annual 
tuberculosis death in the community is a desirable ratio. 
4. Elimination of the inhalation of silica dust in dangerous quan- 
tity in industrial establishments and trades. 
5. Pasteurization of all milk supplies. 
6. Improvement of habits of personal hygiene and betterment of 
living conditions among the underprivileged. 
7. Improvement of housing conditions and nutrition of the poor. 
8. Separation of babies from tuberculous mothers at birth. 
9. Eradication of tuberculosis in cattle. 
Tuberculosis, Other than Pulmonary 
A, The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical signs and 
symptoms confirmed by bacteriological examinations. 
2. Isolation: None. 
3. Concurrent disinfection: Discharges and articles freshly soiled 
with them. - 
4. Terminal disinfection: Cleaning. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Search should be made 
for possible original source in family, household, or other intimate 
contacts, and to discover previously unrecognized cases of similar 
origin, such a search to be aimed at discovery of infected but 
latent or arrested cases as well as those showing an active process. 
Special inquiry and investigation should be made to discover pos- 
sible source of bovine tubercle infection where unpasteurized milk 
has been used in the family or particularly used uncooked by the 
patient. 
B. General measures: 
1. Pasteurization of milk and milk products and inspection of meats, 
2. Eradication of tuberculosis in dairy cattle. 
3. Patients with open lesions should be prohibited from handling- 
foods. 
4. Adequate hospital, sanatorium, and out-patient facilities for dis- 
covery, control, and clinical management. 461 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting; Human cases should 
be reported to the health department. 
2. Isolation: None, 
3. Concurrent disinfection: Disinfection of discharges from the ulcer, 
lymph glands, or conjunctival sac. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection should be under'aken in each 
case. 
B. General measures: 
t. Avoidance of the bites of, or handling of, flies and ticks when 
working in the infected zones during the seasonal incidence of 
blood-sucking flies and ticks. 
2. The use of rubber gloves by persons engaged in dressing wild 
rabbits wherever taken, or when performing necropsies on in- 
fected laboratory animals. Employment of immune persons for 
dressing wild rabbits or conducting laboratory experiments. Thor- 
ough cooking of meat of wild rabbits. 
3. Avoidance of raw drinking water in infected areas. 
Tularemia 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms 
confirmed by specific agglutination test and bacteriological exam- 
ination of blood, bowel discharges, or urine. 
2. Isolation: In flyproof room, preferably under hospital conditions, 
of such cases as cannot command adequate sanitary environment 
and nursing care in their homes. Release from isolation should 
be determined by two successive negative cultures of stool and 
urine specimens collected not less than 24 hours apart. 
3. Concurrent disinfection: Disinfection of all bowel and urinary 
discharges and articles soiled with them. 
4. Terminal disinfection: Cleaning. 
5. Quarantine: None. 
6. Immunization: Of susceptibles in the family or household of 
the patient who have been exposed or may be exposed during the 
course of the disease. 
7. Investigation of source of infection: The actual or probable 
source of infection of every case should be determined by search- 
Typhoid Fever 462 
ing for common and individual sources (1) polluted water, milk, 
shellfish, and other food supplies, (2) unreported cases and car- 
riers. 
B. General measures: 
1. Protection and purification of public water supplies. 
2. Pasteurization of public milk supplies. 
3. Limitation of collection and marketing of shellfish to those from 
approved sources, 
4. Sanitary disposal of human excreta. 
5. Supervision of other food supplies, and of food handlers. 
6. Prevention of fly breeding. 
7. Extension of immunization by vaccination to persons subject to 
unusual exposure by reason of occupation or travel, to those living 
in areas of high endemic incidence of typhoid fever and to those 
for whom the procedure can be systematically and economically 
applied, as in the military forces and institutional populations. 
8. Discovery and supervision of such typhoid carriers, and their 
exclusion from the handling of foods, as epidemiological and bac- 
teriological evidence indicate are of importance. 
9. Exclusion of suspected milk supplies on epidemiological evidence 
pending discovery and elimination of the cause of contamination 
of the milk. 
10. Exclusion of suspected water supply, until adequate protection or 
purification is provided unless all water used for toilet, cooking, 
and drinking purposes is boiled before use. 
11. Education of the general public and particularly of food handlers 
concerning the sources of infection and modes of transmission of 
the disease. 
12. Instruction of convalescents and chronic carriers in personal hy- 
giene, particularly as to sanitary disposal of fecal waste and hand- 
washing after use of toilet, and restraint from acting as food han- 
dlers. 
Typhus Fever 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Cases should be 
promptly reported to the health authorities. 
2. Isolation: In a vermin-free room. 
3. Concurrent disinfection; Destroy all lice and louse eggs on the 
clothing or in the hair of the patient. 
4. Terminal disinfection; None. 463 
Quarantine: In the presence of lice, exposed susceptibles should 
be quarantined for 14 days after last exposure. 
6. Immunization: Methods not applicable to conditions in the United 
States. 
7. Investigation of source of infection: Particular attention should 
be paid to patient’s contact with rats, and with louse-infected per- 
sons or clothing. 
B. General measures: The elimination of rats. 
C. Epidemic measures: Delousing of persons, clothing, and premises. 
Undulant Fever (Brucellosis) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: The clinical picture 
and particularly the undulant character of the fever, supplemented 
by exact determination through the use of agglutination tests and 
bacteriological examination of the blood and urine for the infecting 
micro-organism. 
2. Isolation: None. 
3. Concurrent disinfection: Ordinary sanitary precautions. Ex- 
treme care is necessary in laboratory work, especially when deal- 
ing with Brucella melitensis. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Investigation of source of infection: Human cases should be 
traced to the common or individual source of infection, usually 
to infected domestic goats, swine, or cattle, or to the unpasteurized 
milk products from cattle and goats. 
B. General measures: 
1. Pasteurization of milk whether from cows or goats. 
2. Search for infection among livestock by agglutination reaction and 
elimination of infected animals from the herd by segregation or 
slaughter. 
3. Education of the public and particularly workers in slaughter 
houses, packing houses, and butcher shops, as to the nature of the 
disease, the mode of transmission, and the danger of handling 
carcasses or products of infected animals. 464 
Whooping Cough (Pertussis) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms, 
supported by a differential leucocyte count. 
2. Isolation: Isolation to continue for seven days after the occur- 
rence of the last characteristic whoop. Patient shall not be per- 
mitted to come in contact with non-immune children under six 
years of age. 
3. Concurrent disinfection: Discharges from the nose and throat 
of the patient and articles soiled with such discharges. 
4. Terminal disinfection: Thorough cleaning. 
5. Quarantine : Limited to the exclusion of non-immune children from 
school and public gatherings for 14 days after their last exposure 
to a recognized case. This applies to exposures in the household 
or under other similar conditions. 
6. Immunization: Use of prophylactic vaccination is recommended 
by some observers, but for public health practice is still in the 
experimental stage. There is some evidence that attacks are 
milder in the vaccinated. 
7. Investigation of source of infection: An effort should be made 
to discover undiagnosed and unreported cases, with the main ob- 
ject in view of protecting young children from exposure, and 
thus reducing the mortality. Postponement of the age of infection 
at least until school age and great care in the management of the 
disease in young children offer some hope of reducing deaths from 
whooping cough although reduction of incidence by any means 
appears unlikely. Carriers in the exact sense of the term are not 
known to occur. 
B. General measures: Education in habits of personal cleanliness and 
in the dangers of association or contact with those showing ca- 
tarrhal symptoms with cough. 
Yaws (Frambesia) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting. 
2. Isolation not practicable. 
3. Concurrent disinfection: Protection of all sores and lesions in 
endemic locality, and disinfection of soiled dressings. 
4. Terminal disinfection: None, 
5. Quarantine of cases entering non-infected area of tropics. 
6. Immunization: None. 465 
7. Investigation of source of infection: In indigenous areas local 
surveys of incidence should be made, range of prevalence deter- 
mined, and cases in early stages sought for, especially in children. 
B. General measures: 
1. Free clinics, laboratory service, and arsenicals for diagnosis and 
treatment. 
2. Information service for physicians, patients, and public. 
3. Promotion of adequate personal prophylaxis. 
4. Education in schools, clinics, clubs, etc., as to methods of spread, 
prevention, and treatment. 
Yellow Fever 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms. 
2. Isolation: Isolate from mosquitoes in a special hospital ward or 
thoroughly screened room. It is necessary that the room or ward 
should be freed from mosquitoes by fumigation, trapping, or highly 
responsible collection and destruction of the insects. Isolation 
necessary only for the first 4 days of the fever. 
3. Concurrent disinfection: ‘None. 
4. Terminal disinfection: None, except for the purpose of destroy- 
ing mosquitoes in the house occupied by the patient and in the 
nearest neighboring dwellings, usually best by gaseous fumigation. 
5. Quarantine: None. 
6. Immunization: Immunity is quickly conferred by a single inocu- 
lation with an attenuated strain of living virus. 
7. Investigation of source of infection: Human carriers are not 
known to exist. Search for undiscovered mild and unreported 
cases of illness resembling yellow fever, examination of viscero- 
tome specimens from bodies of persons dying less than 10 days 
after onset of an acute febrile illness, and systematic testing of 
immunity in groups related in time and proximity to the case in 
question are of epidemiological importance. Search for the Acdes 
aegypti mosquito and other species believed to be capable of trans- 
mitting the infection should be particularly thorough in the vicinity 
of residence, work, or travel or known cases of the disease. 
B. General measures: 
1. Immediate immunization of all persons in the community is the 
quickest control measure. 
2. Destruction of mosquitoes in infected and adjacent homes should 
be done at once. 466 
3. Eliminate breeding of Aedes aegypti mosquito throughout the 
community by organized service of inspection and sanitary control. 
4. An inspection service for discovery of those ill with the disease 
is desirable whether the disease occurs in the classical, mild, or 
atypical form. 
CLASS C 
Ascariasis 
A, The infected individual, contacts, and environment: 
1. Recognition of the disease by examination of the stools for ova. 
2. Isolation: None. 
3. Concurrent disinfection: Sanitary disposal of feces, and wash- 
ing hands in soap and water after defecating and before eating. 
4. Terminal disinfection : None. 
5. Quarantine; None. 
6. Immunization: None. 
7. Investigation of source of infection: Individual and environ- 
mental sources of infection should be sought for in the persons 
and premises of the patient’s family particularly. 
8. Treatment; Suitable treatment for the removal of adult worms 
from infected individuals with hexylresorcinol, oil of chenopodium, 
or santonin, with preference in the order named. 
B. General measures: 
Provision for adequate facilities for proper fecal disposal and elimi- 
nation of soil pollution in areas immediately adjacent to the home, 
particularly in play areas of children. 
In rural sections, privies should be so constructed as to obviate dis- 
semination of ascarid ova through overflow, drainage, and other 
factors. 
Education of all members of family, particularly children, to use 
toilet facilities available. 
Encouragement of satisfactory hygienic habits on the part of children 
in particular, especially the practice of washing the hands before 
handling food, and after defecating. 
Coccidioidomycosis (Coccidioidal Granuloma, “Valley Fever”) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical characteristics 
and bacteriological confirmation. 
2. Isolation: None. 
3. Concurrent disinfection: All discharges from skin lesions of the infected individual, from necrotic lymph nodes, the sputum, and 
articles soiled with these. 
4. Terminal disinfection: Not important. 
5. Quarantine : None; neither contacts nor carriers are known to be 
spreaders of the disease. 
6. Investigation of source of infection: Unprofitable except as a 
research effort. 
B. General measures: None, other than education of persons generally 
that agricultural workers and laborers should have prompt treatment 
of skin wounds. Laboratory workers should exercise particular care 
in handling cultures of the infecting micro-organism and dried mate- 
rial which may contain its spores. 
Common Cold 
A. The infected individual, contacts, and environment: 
1. On recognition of the premonitory or early stage of a “cold” the 
infected person should avoid direct and indirect exposure of 
others, particularly little children, feeble or aged persons, or per- 
sons suffering from any other illness. 
2. Isolation: Such modified isolation as can he accomplished by 
rest in bed for i or 2 days is to be advised. 
3. Concurrent disinfection: The disposal of nasal and mouth dis- 
charges by the use of soft paper, by burning or putting in the 
toilet, or otherwise, to avoid contamination of hands and articles 
of common use, is to be urged. 
4. Terminal disinfection: None, except airing and sunning room 
and bedding. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Unprofitable except as a 
research project. 
B. General measures: 
1. Education in the refinements of personal hygiene and disposal of 
nose and mouth secretions. 
2. Maintenance of good bodily resistance by regular use of fresh 
air by day and by night, outdoor exercise, sufficient rest to avoid 
conscious fatigue, a balanced diet, regular bowel evacuation, and 
clothing appropriate to climate and use. 468 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting. 
2. Isolation: Not practicable. 
3. Quarantine: None. 
4. Immunization: None. 
5. Investigation of source of infection most important. Surveys of 
incident and range in endemic foci. 
6. Anti-mosquito measures should be undertaken against the trans- 
mitting mosquito, particularly in endemic areas. In the case of 
Culex fatigans, the mosquito generally breeds in filthy locations 
such as in septic tanks, collections of rain water in tin cans, etc. 
Screening of sleeping places of considerable value because Culex 
fatigans usually feeds at night. 
B. General measures: Education of the public concerning the mode of 
transmission of filariasis and methods of mosquito control. 
Filariasis 
Hemorrhagic Jaundice 
(Spirochetosis Icterohemorrhagic, Weil’s Disease) 
A. The infected individual, contacts, and environment: 
]. Recognition of the disease and reporting: Characteristic clinical 
symptoms, isolation of the organism from .the blood or urine, and 
positive serological tests. 
2. Isolation: None. 
3. Concurrent disinfection: Urine and other discharges of patient. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None practical. 
7. Investigation of source of infection: Search for rats or dogs har- 
boring the Leptospirae and for sources of food or water to which 
such animals have access, e. g., communal baths, fish-cleaning es- 
tablishments, mines, sewers, etc. 
B. General measures: 
1. Rat control by ratproofing, trapping, and poisoning. 
2. Sanitary disposal of human wastes in civil and military environ- 
ment. 
3. Destruction of Leptospirae in nature by drainage of mines and 
soil, and disinfection of water in fish-cleaning establishments with 
1:6o hypochlorite solution. 
4. Education in the value of proper disposal of water, storing and 
keeping foods, and other general sanitary measures. 469 
5- Protection of workers exposed to infection by preventing organ- 
isms from entering through the skin and mouth by the use of 
boots, gloves, avoidance of skin abrasions, etc. 
Impetigo Contagiosa 
A. The infected individual, contacts, and environment: 
j. Recognition of the disease and reporting: On appearance of the 
characteristic clinical picture; it is of general importance only to 
prevent spread in schools and other groups of children. 
2. Isolation: Exclusion from school and other public gatherings 
until the disease is no longer communicable. 
3. Concurrent disinfection: Cleanly disposal of dressings and moist 
discharges from the patient. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: On the appearance of a case 
in a group of children, the others should be watched. Among in- 
fants it is especially important to locate any skin infection in an 
attendant. All persons with skin lesions should be kept from even 
indirect contact with newborn babies. 
B. General measures: 
1. Personal cleanliness, particularly the avoidance of common use of 
toilet articles among children. 
2. Prompt treatment of the first case in a group of children will 
abbreviate the period of communicability and prevent extension 
of lesions to new’ sites. 
Pediculosis (Lousiness) 
A. The infested individual, contacts, and environment: 
1. Recognition of the state of lousiness by direct inspection of school 
children for lice and nits and report to school authorities. 
2. Isolation: Exclusion of the infested person from school and 
public places until live lice are destroyed, and supervision until 
nits are removed. 
3. Concurrent disinfestation: Such washing of person and treatment 
of body clothing and toilet articles as will destroy lice and nits. 
4. Terminal disinfestation: None. 
5. Quarantine; None. 
6. Investigation of source of infestation : Search for unreported and 
undetected, cases of lousiness among companions, and especially 
among members of family and household. 470 
B. General measures: 
1. Direct inspection of the heads and, when necessary, of the body 
and clothing where lousiness is found in groups of either children 
or adults, particularly of children in schools, institutions, and 
camp groups. 
2. Provision of facilities, medicinal and hygienic, for freeing the 
persons and clothing of infested individuals and groups, of lice 
and nits. 
3. Education in the value of bodily cleanliness by use of hot water 
and soap and of washing body clothing in a way to prevent the 
survival of lice. 
Rat-Bite Fever (Sodoku) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms are 
more uniformly definite than laboratory confirmation, but latter 
should always be attempted with thoroughness. 
Prompt cure by arsphenamines is of diagnostic value. 
2. Isolation: None. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection; Not practicable except as 
suggested under General measures. 
B. General measures: Rat surveys and rat eradication. Avoidance of 
rat bites, especially by not sleeping on or near earthen floors or in 
rat-ridden communities and houses. 
Relapsing Fever 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: Clinical symptoms with 
laboratory confirmation; curative action of arsphenamines also 
confirmatory. 
2. Isolation: None. 
3. Concurrent disinfection: None. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Important. B. General measures: 
1. Tick and louse eradication. 
2. In endemic areas avoidance of sleeping in the open or in camps 
Ringworm (Dermatophytosis) 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease and reporting: All cases recognized on 
inspection of school children should be reported to school authori- 
ties. 
2. Isolation: Children and adults with marked cases of the disease 
should be excluded from privileges in gymnasium and at swimming 
pools. Exclusion from school may be desirable in cases of ring- 
worm of the scalp. 
3. Concurrent disinfection: Cleanliness of body and underclothes. 
Use cotton socks which can be boiled in case of infection of the 
feet. Shoes may be exposed to formaldehyde. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization; None. 
7. Investigation of source of infection: Among school children 
medical inspection should be used to detect unreported cases. 
In gymnasia and buildings devoted to athletics, particularly swim- 
ming, search should be made as a routine, to exclude cases from 
common facilities. 
B. General measures: 
1. Cleanliness of body and underclothing, thorough drying of feet. 
2. Prompt and persistent treatment of the lesions should be urged. 
3. Protection of feet against contamination in showers and dressing 
rooms and areas used by people with bare feet. 
4. The use of disinfecting solutions may prove useful in connection 
with common bathing and dressing rooms. 
Scabies (The Itch) 
A. The infested individual, contacts, and environment: 
1. Recognition of the disease and reporting: The condition should 
be reported to the school authorities if discovered in school chil- 
dren. 
2. Isolation: Exclusion from school and other public gatherings 
until the disease is no longer communicable. 
3. Concurrent disinfestation: Care of body clothing and bedding 
until free from the infestation. 4. Terminal disinfestation; Underclothing and bed covering to be 
so treated by dry heat or washing as to destroy the mite and the 
eggs. 
5. Quarantine: None. 
6. Investigation of source of infestation: Search for unreported or 
unrecognized cases in companions or house or family mates of the 
infested individual. 
B. General measures: Cleanliness of body and underclothing and bed 
covering especially. 
Schistosomiasis 
A. The infected individual, contacts, and environment: 
1. Recognition of the disease by symptomatology and microscopical 
examination of the stools or urine for ova. 
2. Isolation: None. 
3. Concurrent disinfection: Sanitary disposal of feces and urine. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Important; examination of 
local waters for infected snails followed by a vigorous campaign 
to eliminate sources of pollution and snails from these waters. 
B. General measures: 
1. Regulation of disposal of sewage. 
2. Treatment of the infected persons by sodium antimony tartrate, 
fouadin, or other trivalent antimony compounds. 
3. Education of people in endemic areas regarding method of trans- 
mission. School children should be warned not to bathe in in- 
fected streams and persons whose occupations require them to 
wade in infected waters should be cautioned and provided with 
suitable waterproof garments. 
Vincent’s Infection 
(Vincent’s Angina, Ulcerative or Necrotic Stomatitis, Trench Mouth) 
A. The infected individual, contacts, and environment: 
i. Recognition of the disease and reporting; On clinical manifesta- 
tions with or without bacteriological confirmation should be re- 
ported to school authorities when found among school children, 
and under conditions of military service should be reported whether 
as angina or stomatitis. 473 
2. Isolation: None. 
3. Concurrent disinfection: All discharges from mouth and nose. 
4. Terminal disinfection: None. 
5. Quarantine: None. 
6. Immunization: None. 
7. Investigation of source of infection: Inspection of mouths and 
throats of other children or adults associated with the patient, 
at home or in school. Carriers are too common to be worth 
searching for by culture methods. 
B. General measures: 
1. Encouragement of oral hygiene; correction of abnormal or dis- 
eased conditions of teeth and gums. 
2. Education in matters of nutrition and hygiene. 
3. Outbreaks involving small children, especially institutional, warrant 
special measures because of the danger of the possible complica- 
tion of noma. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 17. (Disinfection.) Concurrent disinfection shall be 
practiced by the person or persons in charge of the patient during the 
course of the diseases for which it is required in these regulations, and 
shall consist in the immediate destruction of disease-producing organisms 
in the discharges of the patient, and in articles soiled by such discharges, 
by burning, or by immersion in boiling water, or in carbolic acid and water 
in the proportion of one in twenty, or in some other solution of equivalent 
strength or efficacy. Fecal material shall be disinfected by being thoroughly 
broken up and placed in milk of lime solution, made by adding four parts 
of water to one part of freshly slaked lime, or in some solution of equiva- 
lent strength or efficacy. 
Cleansing shall be practiced by the person or persons in charge of 
the premises where a patient has been removed or has died or recovered 
from a disease in which cleansing is required in these regulations. Cleans- 
ing shall be performed under the direction of the health commissioner 
and shall consist in scrubbing with hot water and soap, with some disin- 
fectant solution equal to carbolic acid in the proportion of one in twenty, 
or by other mechanical means, of all surfaces and materials which have 
been soiled by or exposed to infectious material. When in the judgment 
of the health commissioner it is impossible to cleanse the sickroom or 
premises thoroughly, disinfection with gaseous agents shall be performed in 
the manner provided for in these regulations. 
Gaseous disinfection shall be performed by the health commissioner 
or by some person appointed by the health commissioner after the patient 474 
has been removed or has died or recovered from the disease in which 
cleansing or terminal disinfection is required in these regulations, when 
such cleansing in the opinion of the health commissioner can not be 
properly performed. Such gaseous disinfection shall be performed by 
vaporizing not less than sixteen ounces of forty per cent commercial 
formalin for each one thousand cubic foot of space and the room or 
place being disinfected shall be maintained at a temperature of not less 
than seventy degrees Fahrenheit and properly sealed to prevent the 
escape of the gas. Such other gaseous disinfectants may be used as the 
health commissioner may elect, providing they are equal in bacterial 
strength to sixteen ounces of formalin for each one thousand feet of 
space. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 17a. (Disinfection and sterilization of matresses.) 
No person, firm, corporation or association shall rent, furnish or deliver, 
under an agreement or contract for return to the owner, any mattress or 
other bedding. No mattress or bedding used by a person having a com- 
municable disease or other disease dangerous to the public health shall be 
used by any other person until said mattress and bedding have been 
thoroughly cleansed, disinfected and sterilized in a manner prescribed by 
the health commissioner of the health district in which the disease was 
reported. 
Adopted October 18, 1941 ; effective December 1, 1941. 
VENEREAL DISEASES 
Regulation 18. (Definition.) Syphilis, gonorrhea, lymphogranu- 
loma venereum, granuloma inguinale and chancroid, hereinafter designated 
venereal diseases, are hereby declared to be contagious, infectious, com- 
municable and dangerous to the public health. 
Adopted May 14, 1920; amended June 21, 1942; effective August 15, 
1942. 
Regulation 19. (Reports.) Any physician, dentist or other per- 
son who makes a diagnosis in or treats a case known to be, or rea- 
sonably suspected of being a venereal disease and every superin- 
tendent or manager of a public or private hospital, dispensary, chari- 
table, benevolent or penal institution, in which there is a known or 
suspected case of venereal disease, shall report such case to the 
health commissioner of the district in which the patient resides. 
Such reports shall be made within twelve hours on the form pre- 
scribed by the state department of health and shall include the name, 
age, sex, color and occupation of the diseased person, the date of 475 
onset of the disease, and the probable source of infection if same by 
reasonable diligence can be ascertained. Such reports shall be 
enclosed in a sealed envelope. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 20. (Instruction to patients.) Every physician, 
dentist, or other person who examines or treats a person having 
a venereal disease, shall at the first visit, instruct him or her in the 
measures for preventing the spread of such disease and the necessity 
for treatment until cured, and shall furnish him or her such informa- 
tion relating to said disease as shall be provided for this purpose by 
the state department of health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 21. (Druggists to keep records.) Every druggist, 
pharmacist, or other person who sells to anyone except a licensed 
physician any drug, specific, compound or preparation of any kind 
advertised to be used for the cure or treatment of venereal disease 
or sold in response to a request for a remedy for venereal disease, 
shall keep a record of the name, address, color and sex of the person 
making such purchase, together with the name or description of the 
articles purchased and shall make a report thereof within twelve 
hours to the health commissioner on forms provided for that purpose. 
Such record shall be available for inspection by the health commis- 
sioner, the state director of health, or their representatives. 
Adopted May 14, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 22. (Investigation of cases.) The health commis- 
sioner of each city and general health district shall use every avail- 
able means to ascertain the existence of, and to investigate all cases 
of venereal diseases within their several jurisdictions and to ascertain 
the sources of such infection. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 23. (Examination of cases; enforcement.) The 
health commissioner of each city and general health district is 
hereby empowered and directed to make, or cause to be made, such 
examinations of persons reasonably suspected of having a venereal 
disease, as may be necessary for carrying out these regulations. 
Such examinations shall be made only by regularly licensed physi- 
cians. All known prostitutes and persons associating with them, 
and any person reported to the health commissioner as having been 
a sexual contact of an individual afflicted with a venereal disease, 
shall be considered as reasonably suspected of having a venereal 476 
disease. Such report of sexual contact shall be made by the Ohio 
department of health, by a practicing physician, by a physician or 
other representative of a local, state or federal agency, or may be 
made in writing and signed by the person claiming the sexual contact. 
Boards of health and health commissioners shall cooperate with 
the proper officials whose duty it is to enforce laws against prostitu- 
tion and shall otherwise use every proper means for the repression 
of prostitution which is hereby declared to be a prolific source of 
venereal disease. 
Adopted May 14, 1920; amended November 14, 1943; filed with 
Secretary of State November 18, 1943; effective December 1, 1943- 
Regulation 24. (Isolation of venereally diseased persons.) The 
health commissioner shall immediately institute measures for the 
protection of other persons from infection by any venereally dis- 
eased person and may isolate any person who has, or is reasonably 
suspected of having a venereal disease, whenever, in his opinion, 
isolation is necessary for the protection of the public health. In 
establishing the isolation of a venereally diseased person, the health 
commissioner shall provide for detention in a detention hospital or 
other suitable place where such person will receive necessary care 
and approved medical treatment for his disease. No such person shall 
be confined in a workhouse, jail or similar place unless committed by 
due legal process. 
Adopted July 1, 1920; amended June 21, 1942; effective August 
15, 1942. 
Regulation 25. (Report of termination of treatment.) If any 
person being, treated for a venereal disease discontinues treatment 
while the disease is still communicable, the physician shall report 
such discontinuance of treatment to the health commissioner. The 
health commissioner shall institute such measures for the protection 
of the public against such diseased person as may be necessary. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 26. (Exposure of another person.) No person know- 
ing himself or herself to be infected with a venereal disease shall 
expose another person to infection with such venereal disease. Ex- 
posing another person to venereal disease shall be construed to in- 
clude, not only engaging in sexual intercourse, but also engaging in 
any occupation such as that of barber, manicure, cook or waiter 
which involves intimate direct contact with other persons or with 
food products. 
Adopted May 14, 1920; effective July i, 1920. 
Regulation 27. (Notice of removal of infected person.) When 477 
any person known to the health commissioner of any district to be 
infected with a venereal disease in a communicable stage shall remove 
to any other health district, it shall be the duty of the health com- 
missioner having knowledge of the facts to notify the health com- 
missioner of the district to which such infected person shall remove 
of the name of such person, the disease from which he is suffering, 
the address to which such person has moved or intends to move and 
such other information as may be necessary for the protection of the 
public health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 28. (Certificates.) No physician shall issue a certifi- 
cate to any person stating that such person is free from any venereal 
disease except after careful clinical and laboratory examination, 
and unless such physician shall first have satisfied himself or herself 
that such certificate is not intended to be used for solicitation for 
sexual intercourse. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 29. (Secrecy of reports and records.) Reports and 
records of cases of venereal disease shall be so kept as to be inac- 
cessible to the public and shall not be produced or made public unless 
under proper order of a court of competent jurisdiction. No person 
who shall have or who shall gain access to such reports or records 
shall divulge any information or facts therein contained. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 30. (Interpretation.) Should any of the foregoing 
regulations for the prevention of venereal diseases or any part of 
such regulations be decided by any court to be unconstitutional or 
invalid, the same shall not affect the validity of said regulations as 
a whole or any part thereof other than the part so decided to be 
unconstitutional or invalid. 
Adopted May 14, 1920; effective July 1, 1920. 
INFLAMMATION OF THE EYES OF THE NEWBORN 
AND GONORRHEAL OPHTHALMIA 
Regulation 31. (Definitions.) The following regulations shall 
apply to all cases of inflammation of the eyes as defined in section 
1248-1, of the General Code, as follows: Any inflammation, swell- 
ing or redness in either one or both eyes of any infant, either apart 
from or together with any unnatural discharge from the eye or 
eyes of such infant, independent of the nature of the infection, if 
any, occurring any time within two weeks after the birth of such 478 
infant, shall be known as “inflammation of the eyes of the new- 
born”. Any inflammation of the conjunctiva or cornea, either apart 
from or together with any unnatural discharge from the eye or eyes, 
occurring at any time after two weeks after birth, if caused by the 
gonococcus, shall be known as “gonorrheal ophthalmia”. 
Adopted May 14, 1920; amended October 18, 1941; effective De- 
cember 1, 1941. 
Regulation 32. (Who shall report.) Within six hours after 
observing or knowing a condition to exist as defined in regulation 
31, of the Ohio sanitary code, the physician, surgeon, obstetrician, 
midwife, nurse, or other person in attendance upon the person so 
afflicted, shall report the case to the health commissioner of the city 
or general health district in which such afflicted person is a resident. 
The report shall include the name, sex and age of such person, the 
place where such person may be found, and the condition with which 
he is afflicted. If the afflicted person is in a maternity home or hos- 
pital of any nature, the report, as herein prescribed, shall be made 
by the superintendent or person in charge of such home or hospital. 
When the afflicted person is not under medical care, the report shall 
be made by the parent, relative or other person knowing such con- 
dition to exist. 
Adopted May 14, 1920; amended October 18, 1941; effective 
December 1, 1941. 
Regulation 33. (Form of reports.) The report required by 
regulation 32, of the Ohio sanitary code, shall be made on the com- 
municable disease report card prescribed and furnished by the state 
department of health, by telephone, or in person. Where the report 
to the health commissioner is made by telephone or other means of 
communication, the required data shall be immediately recorded on 
a communicable disease report card with the name of the informant 
and the date and hour of the report. 
Adopted May 14, 1920; amended October 18, 1941; effective De- 
cember 1, 1941. 
Regulation 34. (Reports to State Department of Health.) The 
health commissioner shall immediately send to the state department 
of health, a communicable disease report card for each case of in- 
flammation of the eyes of the newborn and each case of gonorrheal 
ophthalmia. 
Adopted May 14, 1920; amended October 18, 1941; effective De- 
cember 1, 1941. 479 
Regulation 35. (Investigation of reports.) Each case of inflam- 
mation of the eyes of the newborn and gonorrheal ophthalmia shall 
be immediately investigated by the health commissioner, or his 
authorized representative. He shall determine the nature of the 
inflammation of the eyes and shall immediately refer to the Ohio 
commission for the blind any case which, in his opinion, is in need 
of treatment and care. The health commissioner shall immediately 
send to the state department of health and to the Ohio commission 
for the blind, a copy of the report of the investigation of each and 
every case of inflammation of the eyes of the newborn and each and 
every case of gonorrheal ophthalmia on forms approved and fur- 
nished by the state department of health for this purpose. 
Adopted May 14, 1920; amended October 18, 1941; effective De- 
cember 1, 1941. 
Regulation 36. The state department of health shall make and 
preserve a record of all cases of inflammation of the eyes of the 
newborn and gonorrheal ophthalmia reported by health commis- 
sioners in accordance with the provisions of section 1248-3, of the 
General Code, and regulations 34 and 35, of the Ohio sanitary code. 
Adopted May 14, 1920; amended October 18, 1941; effective De- 
cember 1, 1941. 
Regulation 37. That regulations 31, 32, 33, 34, 35, 36, and 37, 
of the Ohio sanitary code, adopted May 14, 1920 be and the same 
are hereby repealed. 
Regulations 38 to 47. These regulations, governing the physical 
examination of school children, teachers and janitors, adopted jointly 
by the superintendent of public instruction and the public health 
council, May 24, 1920, were made ineffective by the repeal, Septem- 
ber 16, 1943, of the statute (7692-2, G. C.) authorizing their adoption. 
TRANSPORTATION OF THE DEAD 
Regulation 48. (Transit permit and transit label.) A transit 
permit and transit label issued by the proper health authorities shall 
be required for each dead body transported by common carrier. 
The transit permit shall state the name, sex, color and age of 
the deceased, the cause and date of death, the initial and terminal 
points, the date and route of shipment, a statement as to the method 
of preparation of the body, the date of issuance, the signature of 
the undertaker and the signature and official title of the officer issu- 
ing the permit. 480 
The transit label shall state the place and date of death, the 
name of the deceased, the name of the escort or consignee, the 
initial and terminal points, the date of issuance and the signature and 
official title of the officer issuing the permit. This label shall be 
attached to the outside case. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 49. (Transportation of bodies dead of acute con- 
tagious disease.) The transportation of bodies dead of smallpox, 
plague, Asiatic cholera, typhus fever, diphtheria (membranous croup, 
diphtheritic sore throat), scarlet fever (scarlet rash, scarlatina), shall 
be permitted only under the following conditions: 
The body shall be thoroughly embalmed with an approved dis- 
infectant fluid by an embalmer licensed in the state of Ohio, or in 
the state in which the death occurred, all orifices shall be closed 
with absorbent cotton, the body shall be washed with the disinfectant 
fluid, enveloped in a sheet saturated with the same, and placed at once 
in the coffin or casket which shall be immediately closed, and the coffin 
or casket, or the outside case containing the same shall be metal or 
metal-lined, and hermetically and permanently sealed. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 50. (Transportation of other bodies.) The trans- 
portation of bodies dead of any diseases other than those mentioned 
in regulation 49 shall be permitted under the following conditions: 
(A) When the destination can be reached within twenty-four 
hours after death the body, if embalmed by an embalmer licensed 
in the state of Ohio, or in the state in which death occurred, shall 
be placed in a casket or coffin, and encased in an outside case of 
substantial construction. If not embalmed, the body shall be placed 
in a casket or coffin which shall be encased in a strong outer box 
made of good sound lumber not less than seven-eighths of an inch 
thick, all joints must be tongued and grooved, top and bottom, put 
on with cleats or cross pieces, all put securely together, and be 
tightly closed with white lead, asphalt varnish or paraffin paint, and 
a rubber gasket placed on the upper edge between the lid and box. 
(B) When the destination cannot be reached within twenty-four 
hours after death, the body shall be thoroughly embalmed and the 
coffin or casket placed in an outside case of substantial construction. 
(C) Bodies may be received for transportation to a medical col- 
lege when prepared for shipment by washing the body with an ap- 
proved disinfecting fluid, the closing of all orifices, the wrapping of 
the body in absorbent cotton and enclosing it in a sheet soaked in 
a ten per cent solution of formalin. Bodies thus prepared shall be 481 
enclosed in a zinc lined rubber gasketed box with suitable handles. 
All such bodies must reach their destination within sixty hours after 
death. 
Adopted May 14, 1920; amended April 24, 1925; effective May J, 
I925- 
Regulation 51. (Disinterred bodies.) No disinterred body dead 
from any disease or cause shall be transported by common carrier 
unless approval of the disinterment and removal has first been given 
in writing by the health commissioner having jurisdiction at the 
place of disinterment, and transit permit and transit label shall be 
required as provided in regulation 48. 
The disinterment and transportation of bodies dead of diseases 
mentioned in regulation 49 shall not be allowed except by special 
permission of the health authorities at both places of disinterment 
and point of destination. 
All disinterred remains shall be enclosed in metal or metal- 
lined boxes and hermetically sealed, providing that a body in a 
receiving vault, when prepared by a licensed embalmer, shall not be 
regarded as a disinterred body until after the expiration of thirty 
days. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 52. (Transportation by hearse.) The outside case 
may be omitted in all instances when the coffin or casket is trans- 
ported in a hearse or an undertaker’s wagon. 
Adopted May 14, 1920: effective July 1, 1920. 
Regulation 53. (Handles on outside case.) Every outside case 
shall bear at least four handles, and when over six feet six inches 
in length shall bear six handles. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 54. (Disinfectant fluid.) An approved disinfectant 
fluid shall contain not less than five per cent of formaldehyde gas. 
The term “embalming” as employed in these regulations shall require 
the injection by a licensed embalmer of not less than ten per cent 
of the body weight, injected arterially in addition to cavity injec- 
tion, and six hours shall elapse between the time of embalming and 
the shipment of the body. 
Adopted May 14, 1920; effective July 1, 1920. 482 
TUBERCULOSIS HOSPITALS 
Regulation 55 (Reports.) The county commissioners or board 
of trustees of each and every county or district tuberculosis hospital 
in Ohio shall file an annual report with the state commissioner of 
health, as provided in section 3153 13139-3, 3139-13J of the General 
Code of Ohio, and shall make such other reports as may be required 
from time to time by the state commissioner of health." 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 56. (Inspections.) An annual inspection and such 
other inspections as may be ordered of each and every county and 
district tuberculosis hospital in Ohio shall be made by the state 
commissioner of health or by his duly authorized representatives. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 57. (Certificate of approval.) A certificate of ap- 
proval signed by the state commissioner of health and sealed with 
the official seal of the state department of health shall be issued 
annually to each and every county or district tuberculosis hospital in 
Ohio when it has complied with the laws governing such hospitals, 
the rules and regulations of the state department of health and the 
annual inspection indicates that such hospital is being conducted in 
a proper manner. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 58. (Rules and regulations.) The medical superin- 
tendent, or other responsible officer, of a county or district tuber- 
culosis hospital in Ohio shall adopt rules and regulations for the 
internal management of his institution. Such rules and regulations 
shall not become effective until a copy of said rules and regulations 
has been filed with and received the approval of the state commis- 
sioner of health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 59. (New districts or additions to districts.) When 
it is proposed to create a new tuberculosis hospital district or to 
enlarge or extend an existing tuberculosis hospital district, written 
application shall be made to the state commissioner of health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 60. (Admission of patients.) Admission to any 
county or district tuberculosis hospital of a patient who is not an 
inmate of the county infirmary, shall be made on the diagnosis of a 
licensed physician and referred to the medical superintendent of the 
hospital on a blank furnished by the superintendent. After exami- 
nation by the superintendent as to the suitability of the patient for admission, the superintendent shall notify the county commissioners 
of the county of which the patient is a resident, by means of an 
authorization blank which, when signed by the county commissioners 
and returned to the medical superintendent shall be his authority to 
charge that patient against the county of which he is a resident. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 61. (Notice of admission of patient.) Within twenty- 
four hours after the admission of a patient into a county, district or 
semi-public tuberculosis hospital the medical superintendent or other 
person in charge of such hospital shall send to the director of health 
a preliminary notice of admission on a form to be provided by the 
director. Within thirty days after the admission of the patient there 
shall be sent to the director of health a final notice of admission 
which shall contain such details in regard to the patient as the direc- 
tor may require. 
Adopted May 14, 1920; amended January 10, 1930; effective Feb- 
ruary 1, 1930. 
Regulation 62. (Notice of death or discharge.) Within twenty- 
fours hours after the death, discharge or voluntary leaving of a 
patient admitted to a county, district, or semi-public tuberculosis 
hospital the medical superintendent or other person in charge of such 
hospital shall send to the director of health a notice of such death, 
discharge or voluntary leaving on a form prescribed and furnished 
by such director. 
Adopted May 14, 1920; amended January 10, 1930; effective Feb- 
ruary 1, 1930. 
Regulation 63. (Examination and treatment rooms.) A room 
or rooms shall be set apart in each county or district tuberculosis 
hospital for examination and treatment, and shall be fully equipped 
for nose, ear and throat work. In each institution of one hundred 
beds or over equipment for minor surgery shall be provided. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 64. (Laboratory.) A laboratory equipped to do 
routine sputum and urine examination shall be provided in each 
county or district tuberculosis hospital. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 65. (X-ray equipment.) X-ray equipment for stereo- 
scopic work shall be provided in each county or district tuberculosis 
hospital of forty or more beds. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 66. (Medical superintendent and assistant.) There 484 
shall be a full-time medical superintendent, who shall be a licensed 
physician, for each county or district tuberculosis hospital of fifty 
beds or more. There shall be one assistant resident physician or 
interne for each additional fifty beds. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 67. (Nurses.) There shall be a graduate registered 
nurse in charge of nursing and at least one such additional nurse for 
night duty. Non-graduate nurses may be employed under the super- 
vision of a graduate registered nurse. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 68 (Form of reports.) All reports, annual or other- 
wise, applications for approval and notifications required by these 
regulations shall be made on blank forms furnished by the state 
department of health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 69. (Records.) Each county and district tubercu- 
losis hospital shall keep a complete and accurate record of each 
patient admitted and shall use for this purpose the forms prescribed 
by the state department of health. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 70. (Classification of patients.) Patients shall be 
classified according to the following arrangement adopted by the 
American Sanatorium Association and by the National Tuberculosis 
Association : 
Classification of Patients on Examination 
Lesion 
Minimal: (Incipient.)—Slight lesion limited to a small part of one 
or both lungs. No serious tuberculosis complications. 
Moderately Advanced: A lesion of one or both lungs, more widely 
distributed than under Minimal, the extent of which may vary, according 
to the severity of the disease, from the equivalent of one-third the volume 
of one lung to the equivalent of the volume of an entire lung with little 
or no evidence of cavity formation. No serious tuberculosis compli- 
cations. 
Far Advanced: A lesion more extensive than under Moderately 
Advanced. Or definite evidence of marked cavity formation. Or serious 
tuberculosis complications. Symptoms 
A—(Slight or none) : Slight or no constitutional symptoms includ- 
ing particularly gastric or intestinal disturbance or rapid loss of weight; 
slight or no elevation of temperature or acceleration of pulse at any time 
during the 24 hours. Expectoration usually small in amount or absent. 
Tubercle bacilli may be present or absent. 
B-—(Moderate) : Xo marked impairment of function, either local or 
constitutional. 
C—(Severe) : Marked impairment of function, local or constitu 
tional. 
Classification of Subsequent Observations 
Apparently Cured: All constitutional symptoms and expectoration 
with bacilli absent for a period of two years under ordinary conditions 
of life. 
Arrested: All constitutional symptoms and expectoration with bacilli 
absent for a period of six months; the physical signs to be those of a 
healed lesion; roentgen findings to be compatible with the physical signs. 
Apparently Arrested: All constitutional symptoms and expectoration 
with bacilli absent for a period of three months; the physical signs to 
be those of a healed lesion; roentgen findings to be compatible with the 
physical signs. 
Quiescent: Absence of all constitutional symptoms; expectoration 
and bacilli may or may not be present; physical signs and roentgen find- 
ings to be those of a stationary or retrogressive lesion; the foregoing con- 
ditions to have existed for at least two months. 
Improved: Constitutional symptoms lessened or entirely absent; 
cough and expectoration with bacilli usually present; physical signs and 
roentgen findings to be those of a stationary or retrogressive lesion. 
Unimproved: Essential symptoms unabated or increased; physical 
signs, and roentgen findings to be those of an active or progressive lesion. 
Died. 
Adopted May 14, 1920; amended January 10. 1930; effective Feb- 
ruary 1, 1930. 
MATERNITY HOSPITALS 
Regulation 71. (Definition.) The term “maternity hospital” as 
used in these regulations is defined to be a hospital, institution or 
place which receives, with or without compensation, girls or women 
for professional care, medical or nursing, because of pregnancy. This 
term shall include hospitals, institutions or places operated and main- 486 
tamed for the exclusive purpose of caring for pregnant girls and 
women and general hospitals which operate and maintain one or more 
maternity wards or sections for this purpose. The term does not 
include a private home in which a pregnant girl or woman is received 
who is related by blood or marriage to a resident in that home. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 72. (Application for license.) Application for a 
license to operate or maintain a maternity hospital shall be made on 
the form prescribed and furnished by the director of health. The 
application shall be signed by the superintendent or managing officer 
of the maternity hospital, and shall show authorization by the board 
of trustees or other governing body. The application shall be accom- 
panied by the certificate of approval of the board of health of the 
city or general health district in which the maternity hospital is 
located, and the certificate of inspection and approval issued by the 
city building inspector or by an inspector of the division of factory 
and building inspection of the Ohio department of industrial rela- 
tions. No building shall be used for maternity hospital purposes 
that does not meet the requirements of the Ohio law governing hos- 
pitals and the requirements of local building ordinances and regu- 
lations. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 73. (Contents of license; to be recorded.) The 
license issued by the director of health shall be valid for one year 
from date of issue unless sooner revoked. Said license shall state 
the date of issue, the name of the licensee, the particular premises 
to be used for maternity hospital purposes, and the maximum number 
of women and infants that may be cared for or maintained at any 
one time. No greater number of women and infants shall be kept 
at one time on such premises than is authorized by the license, and 
no women or infants shall be kept in a building or place not desig- 
nated in the license. (G. C. 6261.) Licenses issued to maternity 
hospitals by the director of health shall be entered in his journal and 
shall be a public record. Notice of the issuance of a maternity hos- 
pital license, with the date and content thereof, shall be sent by the 
director of health to the health commissioner of the health district 
in which such hospital is located. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 487 
Regulation 74. (License not transferable; new license.) The 
license issued to a maternity hospital shall not be transferable. Any 
proposed change in ownership, management, location, name, or ex- 
tension of facilities shall be reported to the director of health. When 
any such change is contemplated, an application for a new license 
shall be made. When appropriate to the circumstances, the ap- 
provals required by regulation 72 shall accompany the application. 
When a new license is issued, it shall be effective for one year from 
date of issue and the original license shall become void. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 75. (Posting license.) The license to operate and 
maintain a maternity hospital shall be posted in a conspicuous place 
on the premises licensed, and all employes of such hospital shall be 
fully informed with reference thereto by the superintendent or man- 
aging officer to insure compliance with the laws and regulations 
governing the operation and maintenance of maternity hospitals. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 76. (Revocation of license.) A maternity hospital 
license may be suspended or revoked by the director of health for 
the violation of a provision of law or of the Ohio sanitary code 
relating to maternity hospitals, or for maintaining such hospital 
without due regard to the safety, health and welfare of the inmates 
thereof. In the suspension or revocation of a maternity hospital 
license, the procedure prescribed by section 1235 of the General Code- 
and by the administrative procedure act shall be followed. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 77. (Notice of suspension or revocation.) When the 
director of health determines that a maternity hospital license should 
be suspended or revoked, he shall serve notice of such determination 
upon the superintendent or managing officer of such hospital by reg- 
istered mail, return receipt requested, or by personal service. Such 
notice shall state the cause for suspension or revocation. If a hear- 
ing by the public health council is requested, the director of health 
shall arrange for such hearing at a time and place agreeable to the 
public health council and the representatives of the maternity hos- 
pital. If the determination of the director of health to suspend or 
revoke the license is approved by the public health council, due 488 
notice of such suspension or revocation of license shall be given as 
above specified for the original notice. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 78. (Personnel.) In each maternity hospital there 
shall be the following personnel: 
1. (Medical.) There shall be at least one resident physician, or 
consulting physician, for each maternity hospital who shall assume 
responsibility for the general adequacy of the medical and nursing- 
care of maternity patients and newborn infants, and who shall be 
available for emergency in case of need. A person who is authorized 
by law to practice obstetrics and not major surgery may operate a 
maternity hospital if he has associated with him a resident or con- 
sulting practitioner of the healing arts licensed to practice major 
surgery. 
2. (Nursing.) A graduate registered nurse shall be responsible 
at all times for the nursing care of maternity patients and newborn 
infants. Nurses caring for maternity patients and newborn infants 
shall not attend other patients where infection may be present. 
3. (Other personnel.) Attendants, maids, janitors, and other 
similar personnel shall have a complete physical examination before 
assignment to work in a maternity hospital, and at such other inter- 
vals as will insure that no employe of the maternity hospital is 
afflicted with a communicable disease. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 79. (Sanitation.) The building, equipment and sur- 
roundings of a maternity hospital shall be kept in a clean and sanitary 
condition at all times. Provision shall be made for the proper col- 
lection, storage and disposal of garbage, refuse and other waste 
material. Such system of collection, storage and disposal shall at 
all times be operated to the satisfaction of the health commissioner. 
Adopted May 14, 1920; amended June 20. 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 80. (Building requirements.) A building used for 
maternity hospital purposes shall have the following facilities: 
1. (Screens.) Every room used in the care of maternity pa- 
tients and newborn infants shall be adequately screened against flies 
and mosquitoes. 
2. (Lighting.) Every room used in the care of maternity pa- 
tients and newborn infants shall be provided with sufficient lighting 489 
facilities by artificial means so that all parts of the room shall be 
dearly visible under this artificial lighting. 
3. (Temperature.) The heating equipment shall be such as will 
maintain a temperature of not less than seventy degrees (70°) Fah- 
renheit. No oil or gas heater shall be used in a maternity room or 
ward unless it is directly connected with a flue having an opening 
to the outside air. 
4. (Water.) Running water shall be conveniently available to 
every room or ward in which maternity patients or newborn infants 
are placed for care. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; efifective August 1, 1943. 
Regulation 81. (Fire protection.) Every precaution shall be 
taken to protect the inmates of a maternity hospital against fire, 
and proper precautions shall be taken to provide for the safety of 
inmates and employes in case of fire. The building and premises 
shall be subject at all times to inspection by a representative of the 
local fire department, or the state fire marshal, the local building 
inspection department, and of the division of factory and building 
inspection of the department of industrial relations. Failure to 
immediately comply with the recommendations and orders of such 
representatives shall be cause for suspension or revocation of license. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; efifective August 1, 1943. 
Regulation 82. (Segregation of patients.) To secure segrega- 
tion of maternity patients and newborn infants from other types of 
patients, a maternity hospital operated as a part of a general hospital 
must form a separate unit of the institution. No patient with a 
communicable disease or a septic condition shall be admitted into 
or cared for in such maternity ward or section. 
Adopted May 14. 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; efifective August 1, 1943. 
Regulation 83. (Procedure at birth of infant.) The procedures 
attendant on the birth of a child in a maternity hospital shall include 
the following: 
1. Each birth shall be attended by a legally qualified physician 
or midwife. 
2. Prophylactic measures against inflammation of the eyes of 
the newborn shall be carried out as required by law. Cases.of in- 
flammation of the eyes of the newborn shall be reported to the local 
health commissioner within six hours after such condition is known 
to exist. 490 
3. Before removal from the delivery room, each newborn infant 
shall be marked for identification with a mark that shall not be 
removed while the child is in the hospital. 
Adopted May 14, 1920; amended June 20, 1943 ; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 84. (Space for patients.) No maternity patient shall 
at any time be given a bed in any room other than one regularly 
designated as a maternity bed room or maternity ward. No ma- 
ternity patient shall be kept at any time in a treatment room, oper- 
ating room, or delivery room for any purpose other than that for 
which the room was intended to be used. Rooms or wards in which 
maternity patients are cared for shall have an average of not less 
than sixty (60) square feet of floor space per person, and there shall 
be a space of not less than three (3) feet between beds. No mater- 
nity patient shall be kept in a hall or corridor except in case of 
emergency. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 85. (Isolation facilities.) In each maternity hos- 
pital, a room or rooms shall be set apart and be available for the 
isolation of maternity patients or newborn infants who develop evi- 
dence of infection. Any maternity patient showing the following 
evidence of infection shall be immediately isolated from other ma- 
ternity patients; A temperature of ioo.4°F. (38°C.) ; this tempera- 
ture to occur on any two of the first ten (10) days postpartum, ex- 
clusive of the first twenty-four (24) hours, and to be taken by mouth 
by a standard technique at least four times a day. 
An infant showing evidence of infection, or of an undiagnosed 
illness, must be removed immediately from the nursery and placed 
in a separate room under isolation precautions. Isolation technique 
must be observed for all cases with evidence of infection, and for 
all other cases of undiagnosed illness, until such time as the illness 
is proved to be of non-infectious origin. Special precautions shall be 
taken where there is any evidence of inflammation of the eyes of 
the newborn, or skin infections, or of epidemic diarrhea of the 
newborn. 
Any indication of infection in patients or personnel must be 
reported immediately to the physician who has assumed responsi- 
bility for adequacy of medical care in the institution. 
Adopted May 14, 1920; amended June 20, 1943 ; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. Regulation 86. (Delivery room.) A maternity hospital having 
five or more beds shall have a delivery room which shall not be used 
for any other purpose or for any patient having a communicable 
disease or infection. There shall be one suitably equipped delivery 
room for each twenty (20) maternity beds. If the maternity hos- 
pital does not have a delivery room, patients shall be delivered 
in their own rooms except in case of Cesarean section when the 
general operating room may be used. Where a separate delivery 
room for infectious cases is not provided, a maternity patient so 
affected shall be delivered in a private room and kept there under 
isolation precautions. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 87. (Nursery.) Each maternity hospital shall set 
apart and maintain at least one separate room for a nursery for new- 
born infants with a bassinet for each baby. There shall be an aver- 
age of not less than twenty (20) square feet of floor space for each 
infant, and an open space of not less than six (6) inches between 
bassinets. 
There shall be one incubator or heated bassinet for a premature 
infant for each ten or less bassinets. 
Each newborn nursery shall be provided with facilities for wash- 
ing or disinfecting the hands. 
No newborn infant born outside the maternity hospital shall be 
admitted to the newborn nursery in a maternity hospital or maternity 
unit. 
No person other than physicians, nurses or maids on maternity 
service shall be admitted to the newborn nursery. 
Each and every nursery, and the isolation quarters of such nurs- 
ery, shall be provided with proper receptacles for the temporary dis- 
posal of soiled linen, diapers and waste. Such soiled articles shall be 
removed immediately or within a reasonable time from the nursery 
or isolation quarters. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 88. (Laboratory.) Each maternity hospital shall be 
provided with laboratory equipment and reagents necessary to test 
urine for albumin, sugar and acetone bodies, and the necessary equip- 
ment for grouping and matching bloods. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 492 
Regulation 89. (Supplies, equipment and facilities.) In each 
maternity hospital, provision shall be made for the following: 
1. Sterilizers used for sterilizing obstetrical instruments shall be 
used only for that purpose. 
2. Supplies for maternity patients and newborn infants shall be 
sent from the laundry or central sterilizer directly to the maternity 
service and shall be kept for the exclusive use of the patients in 
that unit. 
3. All nursery linens, including diapers and articles of infant’s 
clothing, shall be kept separate from linens of other parts of the 
hospital and, when soiled, shall be washed and sterilized separately 
from the linens of other parts of the hospital. 
4. There shall be facilities for general anesthesia. 
5. Each maternity hospital shall have adequate equipment for 
giving transfusions and intravenous fluid and for the giving of hypo- 
dermoclyses. 
6. All drugs, disinfecting solutions, and other preparations kept 
in the maternity hospital shall be distinctly and correctly labeled and 
kept readily available in an approved place. 
7. Facilities for oxygen administration to infants shall be avail- 
able at all times. 
8. Each maternity hospital, shall have equipment for the resus- 
citation of infants. 
9. There shall be adequate facilities for the safe preparation 
and storage of formulas. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August i, 1943. 
Regulation 90. (Visitors.) Visitors to a maternity patient in a 
maternity hospital shall, except under unusual circumstances, be lim- 
ited to the husband and other adult members of the immediate fam- 
ily. No visitor under sixteen (16) years of age shall be permitted in 
the maternity hospital. Visitors shall not be allowed in the maternity 
unit during nursing. No person shall be admitted as a visitor in a 
maternity unit who has an infection, has recently recovered from an 
infection, or who has been in contact with a person who has an in- 
fectious disease, at home or elsewhere. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 91. (Records.) It shall be the duty of the person in 
charge of a maternity hospital to secure from each person admitted 
as a patient, or from other sources, all the statistical facts regarding 
such patient as will enable the physician in attendance to complete 493 
the standard form prescribed by law for births, stillbirths and deaths. 
A detailed permanent medical and nursing record of each maternity 
patient and newborn infant shall be kept. All orders from a physician 
regarding a maternity patient or newborn infant shall be written in 
ink on their charts or in order books and shall indicate who gave 
the orders. Certificates of births, stillbirths and deaths occurring in 
a maternity hospital shall be filed with the local registrar of vital 
statistics within the period prescribed by law. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 92. (Disposition of child.) The superintendent or 
managing officer of each maternity hospital shall report to the divi- 
sion of social administration of the Ohio department of public wel- 
fare, within twenty-four (24) hours after removal, the name and 
address of any person other than a parent or relative by blood or 
marriage, or the name and address of any organization or institution, 
into whose custody a child born in such maternity hospital is given 
on discharge from such hospital. A copy of such report shall be 
sent to the director of health. 
Adopted May 14, 1920; amended June 20, 1943; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 93. (Morbidity reports.) It shall be the duty of the 
physician in charge of a maternity hospital to report to the health 
commissioner of the health district in which such hospital is located 
the occurrence of any of the diseases or infestations required by 
state law, by the Ohio sanitary code or by local ordinance or regu- 
lation to be reported. Such reports shall be made on the standard 
morbidity report forms. 
Adopted May 14, 1920; amended June 20, 1943 ; filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 
Regulation 94. (Annual and special reports.) All maternity 
hospitals, not later than April first, shall send to the director of 
health the annual report of the institution as required by the pro- 
visions of Section 1236-6 of the General Code. Special reports shall 
be made when requested by the director of health. 
Adopted May 14, 1920; amended June 20, 1943: filed with Secre- 
tary of State July 21, 1943; effective August 1, 1943. 494 
ICE CREAM, SODAS, SODA FOUNTAIN SUNDRIES AND 
OTHER BEVERAGES 
Regulation 95. (Sanitation.) In order that the sale of ice cream, 
sodas, soda fountain sundries and other beverages may be conducted 
under sanitary conditions, the operators of ice cream parlors, soda 
fountains and other establishments serving beverages are hereby re- 
quired to dispense such goods only in clean sterile containers. To 
this end it is ordered that all such establishments be provided with 
facilities for the thorough cleansing of dippers, glasses, spoons, serv- 
ing- dishes and any other vessel or utensil coming in contact with ice 
cream, sodas, soda fountain sundries or other beverages. 
Adopted May 14, 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 96. (Equipment for cleansing and sterilization.) Fa- 
cilities for the cleansing and sterilizing of dippers, glasses, spoons, 
serving dishes and any other vessel or utensil coming in contact with 
ice cream, sodas, soda fountain sundries or other beverages shall 
include: 
(a) An adequate supply of hot and cold water of a quality suit- 
able for drinking purposes. 
(b) Suitable arrangements for supplying boiling water, live 
steam, or hot air at a temperature of not less than two 
hundred and fifty degrees Fahrenheit. 
(c) Suitable provision for taking care of clean sterile glasses, 
dishes, other vessels and utensils, so as to keep same clean 
until wanted for use. 
(d) Spoons must be exposed to boiling water, live steam, or hot 
air at not less than two hundred and fifty degrees Fahrenheit 
for a period of not less than five minutes. 
Adopted May 14, 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 97. (Procedure.) All dishes and utensils, after each 
individual service, shall be first rinsed in cold water, then thoroughly 
washed in hot water with soap or suitable cleansing powder, and 
exposed to live steam, boiling water, or hot air at a temperature of 
not less than two hundred and fifty degrees Fahrenheit for a period 
of five minutes, then rinsed in clean cold water and drained. 
In lieu of the above requirement or when it is found impossible 
or inexpedient to use live steam, boiling water or hot air, sterile 
dishes, cups and spoons manufactured from paper, wood or any other 495 
suitable material, handled in a sanitary manner, and used for one 
service only, will be allowed. 
Adopted May 14, 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 98. (Refrigerators.) Refrigerators at soda foun- 
tains shall be kept clean by washing with hot water and soap or 
washing powder. 
Adopted-May 14, 1920; effective July 1, 1920. 
Regulation 99. (Employes.) Employes in such establishments 
shall be cleanly in person and dress, free from infectious and con- 
tagious disease and trained in the conduct of their work. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 100. (Use of straws.) The use of straws is forbid- 
den except when such straws are protected from dust, dirt and han- 
dling by employes or others. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 101. (Cleansing of containers.) As soon as empty 
all ice cream containers, milk and cream cans shall be thoroughly 
rinsed with cold water and covered so that no foreign matter may 
enter said containers or cans. 
. Adopted May 14, 1920; effective July 1, 1920. 
SUBMISSION AND APPROVAL OF PLANS 
Regulation 102. (Plans for water supply, sewerage, industrial 
wastes, etc.) Plans for proposed water supply or sewerage, or puri- 
fication or treatment works for water or sewage, or for change in a 
water supply, water works intake, water purification works, sew- 
erage or sewage treatment works, or for the disposal or treatment 
of an industrial waste shall be submitted to the state department of 
health as required by sections 1240 and 1240-1 of the General Code 
and in accordance with the provisions of regulation 103 of the Ohio 
sanitary code. 
Adopted May 14. 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 102a. (Cross connections.) No private auxiliary or 
emergency water supply shall in any manner be connected to a water 
supply approved by the state department of health until such private, 
auxiliary or emergency water supply and the method of connection and use of such supply have been approved by the state department of 
health. 
Adopted August 14, 1925; effective September 1, 1925. 
Regulation 103. (Application for approval.) The following pro- 
visions shall apply to the submission of plans for proposed water 
supply, sewerage, and sewage and industrial wastes disposal improve- 
ments for the approval of the state department of health. 
A. Such plans shall be submitted to the state department of 
health in duplicate and shall be accompanied by (1) specifications in 
duplicate; (2) a report prepared by the designing engineer giving 
data regarding the project; and (3) a communication addressed to 
the state department of health, referring to the plans and making 
request for their approval. Such communication shall be signed by 
the proper public official in the case of a public improvement or if 
not an improvement to be made at public expense, by the person, 
firm or corporation proposing to install the same. 
B. If the improvement relates to water supply, sewerage or 
sewage disposal of a municipality, or part thereof, or to the disposal 
or treatment of an industrial waste from a municipally owned plant, 
the plans therefor shall have received the approval of the council, or 
other governing body or managing officer of the municipality prior 
to their submission to the state department of health, and evidence 
of such approval shall accompany the plans; provided, that the direc- 
tor of health may waive such requirement in case the improvement 
is to be made by and at the expense of a person, firm or corporation. 
C. If the improvement relates to the water supply, sewerage or 
sewage disposal of an unincorporated community, a county sewer 
district or part thereof, or of other land in a county outside a munici- 
pality, or to the disposal or treatment of an industrial waste from 
a county owned plant the plans therefor shall have received the ap- 
proval of the board of county commissioners prior to their submis- 
sion to the state department of health and evidence of such approval 
shall accompany the plans; provided, that the director of health may 
waive such requirement in case the improvement is to be made by 
and at the expense of a person, firm or corporation. 
D. If the improvement relates to the water supply, sewerage or 
sewage disposal of a publicly or privately owned building or group 
of buildings or place used for the assemblage, entertainment, recre- 
ation, education, correction, hospitalization, housing or employment 
of persons, or to the disposal or treatment of an industrial waste, 
the director of health may at his discretion require the submission 
of evidence of approval of the plans by proper local officials. 497 
E. Such plans and the accompanying specifications and other 
papers shall contain sufficient detail and information to permit a clear 
understanding and an intelligent review of the project and when 
they are lacking in such detail or information, additional or supple- 
mental plans and specifications as required shall be submitted to the 
state department of health in the same manner as is required in the 
case of original plans. 
F. If, after investigation of plans and specifications, alterations 
or revisions are required by the state department of health, such 
changes shall be incorporated in revised plans and specifications which 
shall be submitted to the state department of health in the same 
manner as is required in the case of original plans. 
G. When plans and specifications (in duplicate) have been sub- 
mitted officially to the state department of health, one copy of such 
plans and specifications shall be retained and filed by the state de- 
partment of health and following action on said plans by the state 
department of health, the other set shall be returned to the official 
or person by whom they were submitted. The returned plans shall 
be suitably marked to show the approval or disapproval of said plans 
by the state department of health. No approval of plans shall be in 
full effect until such plans have been marked as provided herein; and 
no plan shall be considered as approved unless said plan is an exact 
duplicate of the plan bearing marks showing approval by the state 
department of health. The installation shall be made in strict ac- 
cordance with the approved plans. If any change or modification is 
deemed necessary or desirable by the public officials or person, firm 
or corporation having charge of the work, such change or modifica- 
tion shall be incorporated in revised plans and specifications which 
shall be submitted to the state department of health in the same 
manner as is required in the case of original plans. 
Adopted May 14, 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 104. (Plans and specifications for plumbing, drain- 
age and sanitary equipment.) Plans and specifications for proposed 
installations of plumbing, drainage and sanitary equipment in build- 
ings coming within the jurisdiction of the state inspector of plumb- 
ing, shall be submitted to and approved by the state department of 
health before the contract for installation has been awarded. This 
shall apply to all improvements in every class and character of build- 
ing, except single or double dwellings, unless such building is located 
within a municipality or other political subdivision wherein ordi- 
nances or regulations have been adopted and are being enforced by 498 
the proper authorities regulating plumbing or prescribing the char- 
acter thereof. 
A. Such plans shall be submitted to the state department of 
health in duplicate and shall be accompanied by specifications in 
duplicate. 
B. Such plans and the accompanying specifications and other 
papers shall contain sufficient detail and information to permit a 
clear understanding and an intelligent review of the project and 
when they are lacking in such detail or information, additional or 
supplemental plans and specifications as required shall be submitted 
to the state department of health in the same manner as is required 
in the case of original plans. 
C. If, after investigation of plans and specifications, alterations 
or revisions are required by the state department of health, such 
changes shall be incorporated in revised plans and specifications which 
shall be submitted to the state department of health in the same 
manner as is required in the case of original plans. 
D. When plans and specifications in duplicate have been sub- 
mitted officially to the state department of health, one copy of such 
plans and specifications shall be retained and filed by the state de- 
partment of health and following action on said plans by the state 
department of health, the other set shall be returned to the official 
or person by whom they were submitted. The returned plans shall 
be suitably marked to show the approval or disapproval of said plans 
by the state department of health. No approval of plans shall be in 
full effect until such plans have been marked as provided herein; 
and no plan shall be considered as approved unless said plan is an 
exact duplicate of the plan bearing marks showing approval by the 
state department of health. The installation shall be made in strict 
accordance with the approved plans. If any change or modification is 
deemed necessary or desirable by the public officials or person, firm 
or corporation having charge of the work, such# change or modifica- 
tion shall be incorporated in revised plans and specifications which 
shall be submitted to the state department of health in the same man- 
ner as is required in the case of original plans. 
E. The application for a permit to install plumbing, drainage 
and sanitary equipment shall be made on the form prescribed by the 
state department of health and said application shall be accompanied 
by the fee prescribed by section 1261-6 of the General Code. 
Adopted May 14, 1920; effective July 1, 1920. 499 
SANITARY CONTROL OF STATE PARK SANITARY DISTRICTS 
Regulation 105. (Sanitary districts designated.) The bodies of 
water and adjacent state lands described and designated in section 
469 of the General Code of Ohio and in acts passed March 24, 1925 
(O. L. in, page 100); and April 6, 1929 (O. L. 113, page 543), as 
Buckeye Lake, Indian Lake, Lake St. Marys, The Portage Lakes, 
Lake Loramie, Guilford Lake, and Pymatuning Reservoir and sur- 
rounding lands extending back one mile therefrom, are hereby desig- 
nated, for purposes of sanitary control, respectively, as Buckeye Lake 
Sanitary District, Indian Lake Sanitary District, Lake St. Marys 
Sanitary District, The Portage Lakes Sanitary District, Lake Lora- 
mie Sanitary District, Guilford Lake Sanitary District, and Pyma- 
tuning Reservoir Sanitary District. 
Adopted May 14, 1920; amended August 14, 1925; amended Oc- 
tober 14, 1932; effective November 1, 1932. 
Regulation 106. (Sanitary inspector.) For sanitary purposes and 
for the purpose of enforcing these regulations governing sanitation 
in the area described and designated in the preceding regulation as 
a sanitary district, the state commissioner of health shall appoint a 
sanitary inspector who, under the direction and supervision of the 
state commissioner of health, shall represent the state department 
of health in the enforcement of these regulations. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 107. (Communicable diseases.) Immediately upon 
receipt of a report or a rumor of the existence of a case of smallpox, 
diphtheria, membranous croup, scarlet fever, typhoid fever, measles, 
whooping cough, chickenpox, meningococcus meningitis, acute an- 
terior poliomyelitis, or any other disease required by law or by the 
state department of health to be reported and quarantined, the sani- 
tary inspector shall notify the health commissioner within whose 
jurisdiction such case occurs. 
Adopted May 14. 1920; amended August 14, 1925; effective Sep- 
tember 1, 1925. 
Regulation 108. (Communicable disease in family of milk han- 
dler.) When scarlet fever, smallpox, diphtheria, typhoid fever, tuber- 
culosis or other dangerous or infectious disease shall occur in the 
family of a dairyman or among his employes, or in a house in which 
milk is kept for sale, the sanitary inspector shall order the sale of 
milk to be stopped and shall immediately report the case and his action thereon to the health commissioner within whose jurisdiction 
such person resides. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 109. (Water supplies.) No public or private water 
supply shall be used in a sanitary district unless such supply has been 
examined and approved by the sanitary inspector in the name of the 
state department of health. Any water supply found to be contami- 
nated and unsafe for domestic use shall be condemned as a public 
nuisance and shall be made unavailable for use and be permanently 
abandoned. If a water supply is found to be subject to possible con- 
tamination and can be made safe by removing the source of con- 
tamination or by other corrective measures, it shall be placarded as 
“unsafe” and shall not be again used until corrections have been 
made as ordered by the sanitary inspector. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 109a. (Bathing.) Every public bath house and public 
bathing place in any sanitary district shall be constructed, maintained 
and operated so as not to be a menace to public health and in a 
manner satisfactory to the director of health. 
Adopted October 14, 1932; effective November 1, 1932. 
Regulation 109b. (Boat sanitation.) No human excrement, gar- 
bage, decaying matter, filth or organic waste substance of any kind 
shall be discharged into the waters of any sanitary district from any 
boat thereon. Said substances shall be collected in adequate and 
suitable containers kept on the boat for that purpose and the con- 
tents thereof shall be disposed of on land in a sanitary manner so 
as not to create any nuisance, pollution of water or menace to the 
public health. 
Adopted October 14, 1932; effective November 1, 1932. 
Regulation no. (Plumbing and drainage.) All plumbing and 
drainage in or for any building of any kind whatsoever constructed 
within the limits of a sanitary district as described and designated 
in regulation 105 shall be installed in accordance with the provisions 
of part four (sanitation) of the Ohio building code, sections 12600-137 
to 12600-273 of the General Code of Ohio, which for the purposes 
herein expressed is made a part of these regulations. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation iit. (Abandoned wells and cisterns.) No person 
shall use a well or cistern as a receptacle for night soil, garbage, 
house slops or other putrescible or filthy substance. When a well 
or cistern is abandoned as a source of water supply, it shall be filled to the ground surface with rock, gravel, earth or other suitable 
material. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 112. (House wastes, sewage, etc.) No person shall 
use any street, road, alley, public way, sidewalk or the gutter or 
ditch in any street, alley, road, public way or sidewalk for the drain- 
age of house slops, soapsuds, sewage, liquid manures or any other 
putrescible or offensive wastes. Nor shall any person use a storm 
water drain constructed for the purpose of carrying storm water, 
roof water, cistern overflow, or water of like character, as a means 
of disposing of house slops, soapsuds, sewage, liquid manures or 
other putrescible or offensive wastes. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation i 13. (Permits for privies, privy vaults, chemical privy 
tanks and sewage disposal equipment.) No privy, privy vault, chem- 
ical privy tank or sewage disposal equipment shall be constructed or 
installed until a permit has been issued by the sanitary inspector in 
the name of the state department of health. Application for a permit 
to construct or install a privy, privy vault, chemical privy tank or 
sewage disposal equipment shall be made to the sanitary inspector. 
Before issuing a permit the sanitary inspector shall inspect the prem- 
ises on which the privy, privy vault, chemical privy tank or sewage 
disposal equipment is to be constructed or installed and shall satisfy 
himself that the provisions of these regulations with respect to such 
constructions can be and will be carried out. It shall be the duty 
of the sanitary inspector to inspect privies, privy vaults, chemical 
privy tanks and sewage disposal equipment before they are used and 
to prohibit their use if not constructed in accordance with these 
regulations. 
Adopted May 14, 1920; effective July t, 1920. 
Regulation 114. (Privies and privy vaults.) In the issuance of 
a permit for the construction and use of a privy and the privy vault 
the following specifications shall apply: The privy shall be provided 
with a vault or other receptacle as herein specified and no pit privy 
shall be used. The construction of the superstructure and vault or 
other receptacle shall be such as to prevent access to the vault of 
flies, insects, rats, chickens or other animals. The vault or other 
receptacle shall be constructed to facilitate cleaning without remov- 
ing the contents through the superstructure. The vault shall be 
suitably ventilated. No privy or privy vault shall be located within 
two feet of any lot line, twenty feet of any street line or building 
of human occupancy, or fifty feet from any school building or any 502 
well, spring, cistern or other source of water supply. No overflow 
or drain from a privy vault shall be permitted unless the vault is 
located at least three hundred feet from any well, spring, cistern or 
other source of water supply, and the soil formations within a depth 
of ten feet below the surface are sufficiently free from ground water 
and are sufficiently porous to facilitate the absorption of the liquid. 
Where porous limestone formations are encountered no overflow or 
drain shall be permitted. No discharge or exposure of the liquid at 
the surface shall be permitted and such liquid shall be disposed of 
by means of a leaching well or other leaching device. No privy vault 
shall be connected to a sewer. Provided; Except as otherwise regu- 
lated by the state building code, when the property dimensions are 
such as to render it impossible to locate a privy vault twenty feet 
from a building of human occupancy and twenty feet from a street 
line, a permit may be issued for the installation of such privy vault 
at a location less than twenty feet from such building or street line. 
Adopted May 14, 1920; amended June 12, 1925; effective June 
15. !92S- 
Regulation 115. (Chemical privy tanks.) For the purposes of 
these regulations a chemical privy tank shall be construed to be a 
watertight receptacle supplied regularly with a sufficient amount of 
caustic or other chemical substance to sterilize and deodorize the 
contents completely and continuously. This definition does not in- 
clude the chemical commode or other similar portable receptacle. 
The specifications for privies and privy vaults (regulation 114) shall 
apply to a chemical privy tank and the superstructure for the same, 
except, that such chemical privy tank and the superstructure may be 
located adjacent to a dwelling but without a direct entrance there- 
from. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 116. (Sewage disposal equipment.) For the purpose 
of these regulations sewage shall be construed to consist of the liquid 
wastes from plumbing fixtures including the wastes from water clos- 
ets, urinals, lavatories, bath tubs, sinks, laundry tubs, floor drains 
and other sanitary fixtures. In the absence of a sanitary sewer, 
sewage from a building shall be disposed of in a manner to prevent 
a nuisance, and avoid contamination of a water supply, watercourse, 
reservoir or other body of water. No sewage disposal equipment or 
means of sewage disposal shall be provided until a permit therefor 
is issued as required by regulation 113. In the issuance of a permit 
the following specifications shall apply: The sewage shall be dis- 
charged through a watertight sewer into a tank of watertight con- 503 
struction having a tight, substantial cover with a manhole for en- 
trance and cleaning. Such tank shall have a capacity of fifty gallons 
per person tributary and shall be suitably ventilated. Such tank shall 
be located at least two feet from any lot line, twenty feet from any 
building of human occupancy, and thirty feet from any well, spring, 
cistern or other source of water supply. No overflow from such tank 
shall be permitted unless such overflow is conveyed in a watertight 
sewer to a leaching well or other suitable subsurface leaching device. 
Such leaching well shall have dimensions at least as great as the 
watertight tank. It shall have a tight, substantial cover with a man- 
hole. A leaching well shall not be permitted unless the soil forma- 
tions within a depth of ten feet below the surface are sufficiently free 
from ground water and are sufficiently porous to facilitate the absorp- 
tion of the effluent sewage. A leaching well or other leaching device 
shall be located at least one hundred feet from any watertight cistern 
or any building of human occupancy and at least three hundred feet 
from any well, spring or other source of water supply. No overflow 
from a leaching well or other leaching device shall be permitted. No 
sewage tank or leaching well shall be connected to a sewer. Provided: 
Except as otherwise regulated by the state building code, when the 
property dimensions are such as to render it impossible to locate a 
watertight tank twenty feet from a building of human occupancy, 
or a leaching well or other subsurface leaching device one hundred 
feet from a building of human occupancy and when the state depart- 
ment of health shall find that the installation of a watertight tank 
or leaching well or other subsurface leaching device within such dis- 
tances will not create conditions detrimental to health or comfort 
on account of proximity to such building of human occupancy, a 
permit may be issued for the installation of such tank at a location 
less than twenty feet from such building or for the installation of 
such leaching well or other subsurface leaching device at a location 
less than one hundred feet from such building. 
Adopted May 14, 1920; amended June 12, 1925; effective June 
15, I925- 
Regulation ny. (Sanitary sewers; abandoned vaults.) No privy, 
privy vault, chemical privy tank or sewage disposal equipment shall 
be constructed or installed where a sanitary sewer is accessible. 
When a sanitary sewer is constructed so as to be accessible to prem- 
ises any privy, privy vault, chemical privy tank or sewage disposal 
equipment on such premises shall be abandoned and connection shall 
be made direct to the sewer. Abandoned privy vaults and sewage 
disposal equipment shall be thoroughly cleaned and disinfected and filled to the surface of the surrounding ground with earth, ashes or 
other suitable filling material. Abandoned chemical privy tanks shall 
be thoroughly cleaned, disinfected and removed. It shall be the duty 
of the sanitary inspector to see that abandoned privy vaults, chemical 
privy tanks and sewage disposal equipment are properly cleaned, dis- 
infected and filled or removed. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 118. (Cleaning privy vaults and chemical privy 
tanks.) All privy vaults and chemical privy tanks shall be thoroughly 
cleaned at leasj once each year. Under no circumstances shall a 
privy vault or chemical privy tank be allowed to become filled to 
the top. The cleaning of privy vaults and chemical privy tanks and 
the removal of night soil, sewage sludge, swill, garbage and other 
filthy and offensive substances shall be done only at such time and 
in such manner as the sanitary inspector shall specify. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 119. (Permit to remove night soil.) No tenant, occu- 
pant or owner, or agent of such tenant, occupant or owner of any 
building or premises shall remove or permit or cause to be removed 
any of the contents of any privy vault, chemical privy tank or other 
receptacle for sewage without a permit from the sanitary inspector. 
Such permit shall be in writing and shall state the conditions under 
which such removal shall be made. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 120. (Manure.) From every livery stable, and from 
all private premises within one hundred feet of a house of human 
habitation, where more than two animals of the horse, mule or cattle 
kind are kept, the manure shall be removed at least once each month, 
and as much oftener as the sanitary inspector may deem necessary. 
In no case shall manure be allowed to accumulate until it becomes a 
nuisance. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 121. (Manure bins.) Every person owning or keep- 
ing in a stable, stall or compartment, any animal of the horse, mule 
or cattle kind, shall maintain and use a durably made receptacle or 
bin for the manure that may accumulate. This receptacle or bin 
must be watertight and fly proof and have a tight fitting lid. In no 
event or circumstance shall manure or refuse be thrown or deposited 
in any alley, street, road, lane or public place, or suffered to remain 
there. 
Adopted May 14, 1920; effective July 1, 1920. 505 
Regulation 122. (Garbage.) Garbage, which shall be held to in- 
clude kitchen wastes, dead animals or fish, butcher’s offal or any 
other vegetable or animal refuse, shall not be allowed to collect on 
the premises of any person, or be thrown into any street, alley, road, 
lane or place, or into any body of flowing or standing water or exca- 
vation within the sanitary district. Garbage shall be stored in water- 
tight metal cans with tight fitting lids and it shall be the duty of 
each person owning or operating a hotel, restaurant, lunch room, 
lunch counter, butcher shop, grocery or other place where garbage 
may accumulate to provide and use watertight metal cans of suitable 
size for the storage of such wastes; likewise it shall be the duty of 
each householder to provide a watertight metal can with tight fitting 
lid for the storage of the garbage of the household. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 123. (Nuisances.) Where a nuisance is found in any 
building or upon any ground or premises within the sanitary district, 
notice in writing shall be given by the sanitary inspector, to the 
owner or occupant of such building or premises to abate such nui- 
sance. The time for complying with the order shall be specified in 
such notice. In case of neglect or refusal to abate the nuisance in 
accordance with such notice, the sanitary inspector shall cause said 
owner or occupant to be prosecuted as provided by law. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 124. (Hogs.) The keeping of hogs is prohibited in 
any sanitary district between the first day of May and the first day 
of November, except that where hog pens are so located as to be 
distant at least three hundred feet from any house used for human 
habitation other than the residence of the owner of the hogs, and 
at least one hundred feet distant from any reservoir, public way, 
street or road, hogs may be kept in such pens throughout the year. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 125. (Dairy inspection.) The sanitary inspector shall 
inspect all dairies, milk plants, milk pasteurizing plants, slaughter 
houses, stores, meat markets, restaurants, and all other places where 
food for human consumption is produced, manufactured, stored, sold 
or offered for sale, and shall have authority to enter any building, 
place, vehicle or yard for such purpose. 
Adopted May 14, 1920; amended January 19, 1941; effective Feb- 
ruary 1, 1941. 
Regulation 126. (Permit to sell meat or milk.) No person shall 
engage in the business of selling milk or meat or in the operation of a restaurant or public eating place in a state park sanitary district 
until a permit so to do has been issued by the sanitary inspector. 
Application for such permit shall be made in writing and filed with 
the sanitary inspector. Before granting a permit the inspector shall 
make a thorough inspection of the source of milk and meat supply, 
the method of storing and handling milk, meat and other foods and 
food products, the buildings, equipment and appliances used in con- 
nection with such business. The sanitary inspector shall keep for 
public inspection a record of the name, residence and place of busi- 
ness of all persons engaged in the sale of milk, meat, food and food 
products. No inspections need be made of meat packing plants that 
are under federal or other approved meat inspection service. 
Adopted May 14, 1920; amended January 19, 1941 ; effective Feb- 
ruary 1, 1941. 
Regulation 127. (Milk.) No person shall sell or deliver, or have 
in possession with intent to sell or deliver, any unwholesome, impure, 
diluted or adulterated milk or milk product, or milk from diseased 
cows, or from cows fed on garbage, wet distillery wastes, or decom- 
posing or unhealthful food of any character, nor cheese nor butter 
made from such milk, and no person shall sell or deliver any milk 
which has been skimmed in whole or in part, unless at the time he 
sells or delivers such milk he truly informs such purchaser that such 
milk is skimmed milk. On and after May 1, 1941, all milk sold or 
delivered in a state park sanitary district shall be Grade “A” pas- 
teurized milk or Grade “A” raw milk as defined in the United States 
Public Health Service Milk Ordinance and Code. 
Adopted May 14. 1920; amended January 19, 1941; effective Feb- 
ruary 1, 1941. 
Regulation 128. (Insanitary conditions at diary.) If upon in- 
spection the sanitary inspector shall find that insanitary conditions 
exist at any dairy, milk plant or pasteurizing plant, from which milk 
or milk products are sold or delivered in a state park sanitary dis- 
trict, he shall notify the owner or manager of his findings and shall 
prohibit the sale or delivery of milk or milk products from such 
dairy, milk plant or pasteurizing plant until such conditions are cor- 
rected. After such notice, no milk or milk products from such dairy, 
milk plant or pasteurizing plant shall be sold or delivered in a state 
park sanitary district until permission, in writing, is given the owner 
or manager by the sanitary inspector. 
Adopted May 14, 1920; amended January 19, 1941 ; effective Feb- 
ruary 1, 1941. 507 
Regulation 129. (Unwholesome food.) No person shall bring 
into, or sell, or offer for sale, in a sanitary district, any cattle, sheep, 
hog or lamb, or any meat, fish, game or poultry, nor any vegetables, 
fruits, or other articles of food, that are diseased, unsound or un- 
wholesome, or that for any reason are judged by the sanitary in- 
spector to be unfit for human food. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 130. (Immature meat.) No butcher or other person 
shall bring into a sanitary district, or sell, or offer for sale, for 
human food any calf or any part of the meat thereof which at the 
time it was killed was less than four weeks old; or any pig or any 
part of the meat thereof which at the time it was killed was less than 
five weeks old, or any lamb or any part of the meat thereof, which at 
the time it was killed was less than eight weeks old. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 131. (Protection of food from dust, flies, etc.) The 
body of any animal or part thereof, which is to be used for food, 
shall not be carted or carried through any street, road, lane, alley or 
public way, unless it be so covered as to protect it from dust and dirt; 
and no meat, poultry, game or fish shall be hung or exposed for sale 
in any street or public way outside of any shop or store, or in the 
open window or doorway thereof. All fruit, vegetables or food stuffs 
to be eaten without being cooked, and all bread, cakes, pies or other 
pastry shall be protected against flies, dust, dirt or other thing that 
would make them unwholesome or unfit for human consumption. 
From April first to November first meat, poultry, game, and fish 
offered for sale shall be protected from flies, dust and dirt by a fine 
screen. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 132. (Protection against dogs.) Grocers or other 
persons displaying fruit, vegetables or other food stuffs on any side- 
walk, street, road, alley, public way or other place shall protect such 
fruit, vegetables or other food stuffs against contamination by dogs 
or other animals. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 133. (Permit to cut or sell natural ice.) No natural 
ice shall be cut within a sanitary district or be brought into the dis- 
trict for the purpose of being sold or used for domestic purposes 
until a permit therefor shall have been issued by the sanitary in- 
spector. Before granting such a permit the sanitary inspector shall 
investigate the source from which the natural ice is to be or has been cut and shall assure himself that such source has not been 
contaminated. He shall also investigate the manner in which such 
ice is to be stored and handled and shall assure himself that the ice, 
as it will be delivered to the consumer, shall be safe for domestic use. 
Adopted May 14, 1920; effective July 1, 1920. 
MISCELLANEOUS 
Regulation 134. (Spitting in public places forbidden.) Spitting 
on the floor of public buildings or buildings used for public as- 
semblage, or upon the floors or platforms or any part of any rail- 
road or trolley car or ferry boat, or any other public conveyance, is 
forbidden. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 135. (Unguarded coughing and sneezing in public 
places forbidden.) In order to prevent the conveyance of infected 
material to others, all persons are required, in coughing and sneez- 
ing, to cover properly the nose and mouth with a handkerchief or 
other protective substitute. 
It shall also be the duty of every person to observe all such regu- 
lations as may be issued by the state commissioner of health to pre- 
vent the transfer of infective material from the nose and mouth. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 136. (Common towel forbidden.) No person, firm or 
corporation owning, in charge of, or in control of any lavatory or 
wash room in any hotel, lodging house, restaurant, factory, store, 
office building, railway or trolley station, or public conveyance by 
land or water shall provide in or about such lavatory or wash room 
any towel for common use. The term “common use” in this regula- 
tion shall be construed to mean, for use by more than one person 
without cleansing. 
Adopted May 14, 1920; effective July 1, 1920. 
Regulation 137. (Common drinking cups and drinking and eating 
utensils forbidden.) The use of common drinking cups, and of com- 
mon drinking or eating utensils in any public place or public institu- 
tion, or in any hotel, saloon, lodging house, theatre, factory, store, 
school or public hall; or in any railway or trolley car or ferry boat; 
or in any railway or trolley station or ferry house; or the furnishing 
of any such common drinking cup or eating utensil for common use 
in any such place is prohibited. 509 
The term “common use” in this regulation shall be construed 
to mean, for use by more than one person without adequate cleansing. 
Adopted May 14, 1920; effective July 1, 1920. 
BARBERS AND BARBER SHOPS, MANICURES AND 
HAIR DRESSERS 
Regulation 138. (Barbers and barber shops.) Every barber or 
other person in charge of any barber shop shall keep such barber 
shop at all times in a clean and sanitary condition. 
No person shall act as a barber who has syphilis in the infective 
stage or any other communicable disease enumerated in this code, or 
any communicable affection of the skin. 
The hands of the barber shall be thoroughly washed with soap 
and water before serving each customer. 
Shaving mugs, brushes and combs shall be thoroughly cleansed 
and immersed in boiling water before being used on each customer. 
There shall be a separate clean towel for each customer. The 
headrest shall be covered with a clean towel or paper and shall be 
changed after each customer. 
Towels known as “steamers” shall be fresh towels and shall be 
used only once without relaundering. 
No hair cloth or other cloth which is used on more than one 
person shall be placed directly against the neck of the customer 
being served, but shall be kept from direct contact by the use of an 
individual paper neck band or clean towel. The use of any neck band 
on more than one person is prohibited. 
Alum or other material used to stop the flow of blood shall be 
applied in powdered or liquid form only. 
Barbers shall refuse to handle a customer affected with any 
eruption, or whose skin is broken out, or is inflamed or contains pus 
unless such customer is provided with a shaving cup, lather brush 
and razor for his individual use. No barber or other person in charge 
of a barber shop shall undertake to treat any disease of the skin. 
The shaving cup, lather brush, razor and other implements used 
for a customer affected with any of the above named disorders or 
conditions shall be made safe immediately after such use by being 
immersed in boiling water for not less than twenty minutes. 
Tweezers used for removing embedded hair shall be immersed 
in boiling water or be passed through a flame before being used. 
Adopted May 14, 1920; amended October 9, 1931; effective Janu- 
ary 1, 1932. Regulation 139. (Manicures and hair dressers.) The utensils 
and instruments used by manicures and hair dressers in the pursuit 
of their occupations shall be kept in a clean and sanitary condition. 
The same regulations shall govern the operation of manicures and 
hair dressers as are required for barbers and barber shops. 
Adopted May 14, 1920; amended April 8, 1932; effective May 1, 
1932. 
Regulation 140. (Regulations to be posted.) Every barber or 
other person in charge of any barber shop, hair dressing establish- 
ment or beauty parlor, or other place where barbering, manicuring or 
hair dressing is done shall post in a conspicuous place in such estab- 
lishment a copy of regulations 138 and 139 of the Ohio sanitary code. 
Adopted May 14, 1920; amended April 8, 1932; effective May 1, 
1932. 
RAILROAD SANITATION 
Transportation of Persons Having Communicable Diseases 
Regulation 141. (Persons not allowed to travel.) No person 
knowing or suspecting himself to be afflicted with plague, cholera, 
smallpox, typhus fever, or yellow fever shall apply for, procure, or 
accept transportation in any railway train, car, or other conveyance 
of a common carrier, nor shall any person apply for, procure, or 
accept such transportation for any minor, ward, patient, or other per- 
son under his charge if known or suspected to be so afflicted. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 142. (Persons not accepted for travel.) Common 
carriers shall not accept for transportation in any railway train, car, 
or other conveyance, any person known by them to be afflicted with 
any of the diseases enumerated in regulation 141. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 143. (Restricted travel.) Common carriers shall not 
accept for transportation on any railway train, car, or other convey- 
ance, apy person known by them to be afflicted with diphtheria, mea- 
sles, scarlet fever, epidemic cerebrospinal meningitis, anterior polio- 
myelitis, mumps, whooping cough, influenza, pneumonia, epidemic 
encephalitis, septic sore throat, rubella, or chicken pox, or any per- 
son known to be a carrier of these diseases, unless such person is 
placed in a compartment separate from other passengers, is accom- 
panied by a properly qualified nurse or other attendant, and unless 
such nurse or attendant shall agree to comply avid does so comply 
with the following regulations: (a) Communication with the compartment within which the 
patient is traveling shall be restricted to the minimum consistent 
with the proper care and safety of the patient. 
(b) All dishes and utensils used by the patient shall be placed 
in a 5 per cent solution of carbolic acid or other fluid of equivalent 
disinfecting value for at least one hour after they have been used 
and before being allowed to leave the compartment. 
(c) All sputum and nasal discharges from the patient shall be 
received in gauze or paper, which shall be deposited in a paper bag 
or in a closed vessel, and shall be destroyed by burning. 
(d) Said nurse or attendant shall, after performing any service 
to the patient, at once cleanse the hands by washing them in a 2 
per cent solution of carbolic acid or other fluid of equivalent dis- 
infecting value. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 144. (Typhoid and Dysentery.) Common carriers 
shall not accept for transportation on any railway train, or other 
conveyance, any person known by them to be afflicted with typhoid 
fever, paratyphoid fever, or dysentery unless said person is placed 
in a compartment separate from the other passengers, is accompanied 
by a properly qualified nurse or other attendant, and unless said 
nurse or attendant shall agree to comply and does so comply with 
the following regulations: 
(a) Communication with the compartment in which the patient 
is traveling shall be limited to the minimum consistent with the 
proper care and safety of the patient. 
(b) All dishes and utensils used by the patient shall be placed 
in a 5 per cent solution of carbolic acid or other fluid of equivalent 
disinfecting value for at least one hour after they have been used 
and before being allowed to leave the compartment. 
(c) All urine and feces of the patient shall be received into a 
5 per cent solution of carbolic acid or other fluid of equivalent dis- 
infecting value, placed in a covered vessel, thoroughly mixed, and 
allowed to stand for at least two hours after the last addition thereto 
before being emptied. 
(d) A sheet of rubber or other impervious material shall be 
carried and shall be spread between the sheet and the mattress of any 
bed that may be used by the patient while in transit. 
(e) Said nurse or attendant shall use all necessary precautions 
to prevent the access of flies to the patient or his discharges, and 
after performing any service to the patient, shall at once cleanse the 512 
hands by washing them in a 2 per cent solution of carbolic acid or 
other fluid of equivalent disinfecting value. 
(f) Provided, That if a person with typhoid or dysentery is 
presented at a railway station in ignorance of these regulations, and 
his transportation is necessary as a life-saving or safeguarding meas- 
ure, an emergency may be declared and the patient may be carried 
a reasonable distance in a baggage car if accompanied by an attendant 
responsible for his care and removal; Provided also, That paragraphs 
(a), (b), (c), (d), and (e) of this regulation shall be complied with 
in so far as the circumstances will allow, and that all bedding, cloth- 
ing, rags or cloths used by the patient shall be removed with him: 
And provided further, that any parts of the car which have become 
contaminated by any discharges of the patient shall be disinfected 
as soon as practicable, but not later than the end of the run, by wash- 
ing with a 5 per cent solution of carbolic acid or other fluid of equiva- 
lent disinfecting value. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 145. (Restricted application for transportation.) No 
person knowing or suspecting himself to be afflicted with any of the 
diseases mentioned in regulations 143 and 144 shall apply for, pro- 
cure, or accept transportation in any railway train, car, or other 
conveyance of a common carrier, nor shall any person apply for, 
procure, or accept such transportation for any minor, ward, patient, 
or other person under his charge, if known or suspected to be so 
afflicted, unless he shall have agreed to and made all necessary 
arrangements for complying and does so comply with the regulations 
set forth in said regulations 143 and 144. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 146. (Suspected cases.) If a conductor or other 
person in charge of a railway train, car, or other conveyance of a 
common carrier, or an agent or other person in charge of a railway 
station, shall have any reason to suspect that a passenger or a person 
contemplating passage is afflicted with any of the diseases enumer- 
ated in regulations 141, 143 and 144, he shall notify the nearest 
health commissioner, or company physician, if the health commis- 
sioner is not available, by the quickest and most practicable means 
possible, of his suspicions, and said health commissioner or physician 
shall immediately proceed to the train, car, or other conveyance at 
the nearest possible point, or to the railway station, to determine 
whether such disease exists. 
Adopted March 9, 1923; effective July 1, 1923. Regulation 147. (Disposition.) If the health commissioner or 
physician, as provided for in regulation 146, shall find any such per- 
son to be afflicted with any of the diseases enumerated in regulations 
141, 143 and 144, he shall remove such person from the station or 
conveyance, or shall isolate him and arrange for his removal at the 
nearest convenient point; shall treat the car or other conveyance as 
infected premises, allowing it to proceed to a convenient place for 
proper treatment, if, in his judgment consistent with the public wel- 
fare, in such case notifying the health commissioner in whose juris- 
diction the place is located; and shall take such other measures as 
will protect the public health: Provided, That if not prohibited in 
regulations 141 and 142 of these regulations the afflicted person so 
found may be allowed to continue his travel if arrangements are 
made to comply, and he does so comply, with the requirements of 
the regulations of this code pertaining to the disease with which he 
is afflicted. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 148. (Leprosy.) Common carriers shall not accept 
for transportation nor transport in any railway train, car, or other 
conveyance, any person known by them to be afflicted with leprosy, 
unless such person presents permits from the Surgeon General of 
the United States Public Health Service or his accredited representa- 
tive, and from the state department of health of the states from 
which and to which he is traveling, stating that such person may be 
received under such restrictions as will prevent the spread of the 
disease, and said restrictions shall be specified in each instance; and 
no person knowing or suspecting himself to be afflicted with leprosy, 
nor any person acting for him, shall apply for, procure, or accept 
transportation from affy common carrier unless such permits have 
been received and are presented, and unless the person so afflicted 
agrees to comply and does so comply with the restrictions ordered. 
If any agent of a common carrier shall suspect that any person in a 
train, car, or other conveyance, or at a railway station, is afflicted 
with leprosy, he shall proceed as directed in the case of other 
suspected diseases in regulations 146 and 147 of this code. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 149. (Pulmonary tuberculosis.) Common carriers 
shall not accept for transportation any person known by them to be 
afflicted with pulmonary tuberculosis in a communicable stage unless 
said person is provided with (a) a sputum cup made of impervious 
material and so constructed as to admit of being tightly closed when 
not in use, (b) a sufficient supply of gauze, papers, or similar articles of the proper size to cover the mouth and nose while coughing or 
sneezing, (c) a heavy paper bag or other tight container for re- 
ceiving the soiled gauze, paper, or similar articles; and unless such 
person shall obligate himself to use the articles provided for in the 
manner intended and to destroy said articles by burning or to dis- 
infect them by immersing for at least one hour in a 5 per cent solu- 
tion of carbolic acid or other solution of equivalent disinfecting value; 
nor shall any person knowing himself to be so afflicted apply for, 
procure, or accept transportation unless he shall have agreed to and 
made all necessary arrangements for complying and does so comply 
with the provisions as set forth in this regulation. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 150. (Conveyances vacated by infected persons.) 
Immediately after vacation by a person having any of the diseases 
mentioned in regulations 141, 143, 144 and 148, any berth, com- 
partment, or stateroom shall be closed and not again occupied until 
properly cleaned and disinfected, and all bedding, blankets, and 
linen in any such place shall be laundered or otherwise thoroughly 
cleaned and disinfected before being again used. 
Adopted March 9, 1923; effective July 1, 1923. 
Water and Ice Supplies 
Regulation 151. (Water to be certified.) Water provided by 
common carriers for drinking or culinary purposes in railway trains, 
cars, or other conveyances, or in railway stations, shall be taken 
from supplies certified by the United States Public Health Service 
as meeting the required standards of purity and safety prescribed by 
the Interstate Quarantine Regulations of the United States. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 152. (Ice.) Ice used for cooling water provided as 
in regulation 151 shall be clear natural ice, ice made from distilled 
water, or ice made from water certified as aforesaid; and before the 
ice is put into the water it shall be washed with water of known 
safety, and handled in such a manner as to prevent its becoming con- 
taminated by the organisms of infectious diseases; Provided, That the 
foregoing shall not apply to ice that does not come in contact with 
the water to be cooled. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 153. (Water containers.) Water containers in newly 
constructed cars shall be so constructed that ice for cooling does 
not come in contact with the water to be cooled: Provided, That after July, 1924, all water containers in cars shall be so constructed that ice 
does not come in contact with the water. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 154. (Care of water containers.) All water con- 
tainers where water and ice are put into the same compartment shall 
be thoroughly cleansed at least once in each week that they are in 
use. All water containers and water storage tanks shall be thoroughly 
drained and flushed at intervals of not more than one month. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 155. (Filling water containers.) Portable hose or 
tubing that is used for filling drinking-water containers, or car stor- 
age tanks from which such containers are filled, shall have smooth 
nozzles which shall be protected from dirt and contamination; and 
before the free end or nozzle of said hose or tubing is put into the 
water container or car storage tank it shall be flushed and washed 
by a plentiful stream of water. 
Adopted March 9, 1923; effective July 1, 1923. 
Cleaning and Disinfection of Cars 
Regulation 156. (General.) All railway passenger cars or other 
public conveyances shall be kept in a reasonably clean and sanitary 
condition at all times when they are in service, to be insured by 
mechanical cleaning at terminals and lay-over points. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 157. (Cleaning.) All day coaches, parlor cars, buffet 
cars, dining cars, and sleeping cars shall be brushed, swept, and 
dusted at the end of each round trip, or at least once in each day 
they are in service, and shall be thoroughly cleaned at intervals of 
not more than seven days. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 158. (Thorough cleaning.) Thorough cleaning shall 
consist of scrubbing the exposed floors with soap and water; similarly 
scrubbing the toilets and toilet-room floors; wiping down the wood- 
work with moist or oiled cloths; thorough dusting of upholstery 
and carpets by beating and brushing, or by means of the vacuum 
process or compressed air; washing or otherwise cleaning windows; 
and the thorough airing of the car and its contents. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 159. (Odors in cars.) When offensive odors appear 
in toilets or other parts of the car which are not obliterated and removed by cleaning as in regulation 158, said toilets or other parts 
of the car shall be treated with a 2 per cent solution of formaldehyde 
or other odor-destroying substance. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 160. (Vermin in cars.) Whenever a car is known to 
have become infested with bedbugs, lice, fleas, or mosquitoes, such 
car shall be so treated as to effectively destroy such insects, and it 
shall not be used in service until such treatment has been given. 
Adopted March 9, 1923; effective July 1, 1923. 
Cars in Service 
Regulation 161. (Cleaning.) The cleaning of cars while oc- 
cupied shall be limited to the minimum consistent with the main- 
tenance of cleanly conditions, and shall be carried out so as to cause 
the least possible raising of dust or other annoyance to passengers. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 162. (Sweeping.) Dry sweeping of the interior of 
a car in transit with an ordinary broom is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 163. (Dusting.) Dry dusting of the interior of a 
car in transit is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 164. (Brushing.) The brushing of passengers’ cloth- 
ing in the body of the car in transit is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 165. (Drinking cups.) Individual drinking cups in 
sufficient number shall be supplied in all cars, and the use of common 
drinking cups is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 166. (Towels.) The supplying of roller towels or 
other towels for common use in cars is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 167. (Comb and brush.) The supplying of combs 
and brushes for common use in cars is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 168. (Spitting.) Spitting on the floors, carpets, 
walls, or other parts of cars by passengers or other occupants of 
them is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. Regulation 169. (Cuspidors.) An adequate supply of cuspidors 
shall be provided in all sleeping cars, smoking cars and smoking com- 
partments of cars while in service. Said cuspidors shall be cleaned at 
the end of each trip, and oftener if their condition requires. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 170. (Brushing of teeth.) Spitting into, blowing the 
nose into, or brushing the teeth over wash basins in cars is pro- 
hibited. Separate basins for brushing the teeth shall be provided in 
the wash rooms of sleeping cars. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 171. (Drinking water and ice.) Drinking water and 
ice on railway cars shall be supplied in accordance with the condi- 
tions set forth in regulations 151, 152, 153, 154 and 155 of this code. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 172. (Ventilation and heating.) All cars when in 
service shall be provided with an adequate supply of fresh air, and 
in cold weather shall be heated so as to maintain comfort. When 
artificial heat is necessary, the temperature should not exceed 70° F., 
and in sleeping cars at night after passengers have retired it should 
not exceed 6o° F. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 173. (Toilets in cars.) A proper toilet room and 
lavatory shall be provided in all railway passenger cars for the use 
of their occupants. Such toilets shall be supplied with toilet paper, 
soap, and free or pay clean towels, and shall be kept in a clean and 
sanitary condition. Provided, That cars used exclusively in suburban 
service are not required to be so equipped. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 174. (Toilets to be locked.) The toilet rooms in all 
railway cars shall be locked or otherwise protected from use while 
trains are standing at stations, passing through cities, or passing 
watersheds draining into reservoirs furnishing domestic water sup- 
plies, unless adequate water-tight containers are securely placed 
under the discharge pipe. The director of health shall designate the 
area of watersheds that may be affected by pollution from railroads 
and shall notify the managing officer of railroads as to the points 
between which all toilets shall be locked. 
Adopted March 9. 1923; effective July 1, 1923- 
Regulation 175. (Lavatories in dining cars.) A lavatory shall 
be provided in all dining cars for the use of dining car employes, and the same shall be supplied with soap and clean towels, and shall 
be kept in a clean and sanitary condition. Such lavatory shall have 
no direct connection with the kitchen, pantry, or other place where 
food is prepared. The word “dining car” as used in these regulations 
shall be held to include all cars in which food is prepared and served. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 176. (Dining cars to be screened.) Dining cars shall 
be screened against the entrance of flies and other insects, and it 
shall be the duty of dining car employes to destroy flies or other 
insects that may gain entrance. \ 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 177. (Dining car employes to cleanse hands.) Din- 
ing car employes shall thoroughly cleanse their hands by washing 
with soap and water after using a toilet or urinal, and immediately 
before beginning service. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 178. (Care of tableware.) All cooking, table, and 
kitchen utensils, drinking glasses, and crockery used in the prepara- 
tion or serving of food or drink in dining cars shall be thoroughly 
washed in boiling water and suitable cleansing material after each 
time they are used. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 179. (Food containers.) Refrigerators, food boxes, 
or other receptacles for the storing of fresh food in dining and buffet 
cars shall be emptied and thoroughly washed with soap and hot 
water at least once in each seven days that they'are in use. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 180. (Food and milk.) No spoiled or tainted food, 
whether cooked or uncooked, shall be served in any dining car; and 
no milk or milk products shall be served unless the milk has been 
pasteurized or boiled. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 181. (Garbage.) Garbage cans in sufficient number, 
and with suitable tight-fitting covers, shall be provided in dining cars 
to care for all refuse food and other wastes, and such wastes shall 
not be thrown from the car along the right of way within the limits 
of cities,' towns, or villages, or within drainage areas furnishing 
domestic water supplies. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 182. (Dining car inspection.) The person in charge of the dining car shall be responsible for compliance with all dining 
car regulations, and he shall make an inspection of the car each day 
for the purpose of maintaining a rigorous cleanliness in all portions 
thereof. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 183. (Examination of food handlers.) No person 
shall serve as a cook, waiter, or in any other capacity in the prepara- 
tion or serving of food in a dining car who is known or suspected to 
have any dangerous communicable disease. All persons employed for 
such service shall undergo a physical examination by a competent 
physician before being assigned to service, and before returning to 
work after any disabling illness, and at such other times during their 
service as may be necessary to determine their freedom from such 
diseases, and shall be immediately relieved from service if found to 
be so afflicted. 
Adopted March 9, 1923; effective July 1, 1923. 
Railway Stations 
Regulation 184. (General.) All railway stations, including their 
waiting rooms, lunch rooms, restaurants, wash rooms, and toilets, 
shall be kept in a clean and sanitary condition at all times, to be 
insured by mechanical cleaning at regular intervals. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 185. (Cleaning.) All waiting rooms and other rooms 
used by the public shall be swept and dusted daily; and at intervals 
of not more than seven days the floors shall be scrubbed with soap 
and water, and the seats, benches, counters, and other woodwork 
shall be similarly scrubbed, or shall be rubbed down with a cloth 
moistened with oil. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 186. (Sweeping.) If sweeping is done while rooms 
are occupied or open to occupancy by patrons, the floor shall be first 
sprinkled with wet sawdust or other dust-absorbing material. 
Adopted March 9, 1923 ; effective July 1, 1923. 
Regulation 187. (Dusting.) If dusting is done while rooms are 
occupied or open to occupancy by patrons, it shall be done only with 
cloths moistened with water, oil, or other dust-absorbing material. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 188. (Spitting.) Spitting on the floors, walls, seats, 
or platforms of railway stations is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 520 
Regulation 189. (Cuspidors.) In all waiting rooms where smok- 
ing is permitted, an adequate supply of cuspidors shall be provided; 
such cuspidors shall be cleaned daily, and oftener if their condition 
requires. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 190. (Common cups.) Individual drinking cups in 
sufficient number shall be supplied in all stations, and the use of 
common drinking cups is prohibited. 
Adopted March 9, 1923 ; effective July 1, 1923. 
Regulation 191. (Common towels.) The supplying of roller 
towels or other towels for common use in railway stations is pro- 
hibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 192. (Combs and brushes.) The supplying of combs 
and brushes for common use in railway stations is prohibited. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 193. (Toilet facilities.) All railway stations where 
tickets are sold shall provide adequate toilet facilities, of a design 
approved by the state department of health, for the use of patrons 
and employes; and there shall be separate toilets for each of the 
two sexes. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 194. (Station toilets.) If a railway station is located 
within 200 feet of a public sewer, water flushing toilets shall be 
installed and permanently connected with such sewer, and a wash 
basin or basins shall be located near the toilet and similarly con- 
nected; and such toilets and lavatories shall be kept in repair and 
in good working order at all times. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 195. (Care of toilets.) All toilets installed as set 
forth in regulation 194 shall be cleaned daily by scrubbing the floors, 
bowls, and seats with soap and water. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 196. (Odors in toilets.) When offensive odors appear 
in toilets which are not obliterated and removed by cleaning as pro- 
vided in regulation 195, said toilets shall be treated with a 2 per 
cent solution of formaldehyde or other odor-destroying substance. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 197. (Toilet supplies.) Toilets and wash rooms 
installed as set forth in regulation 194 shall be constantly furnished 521 
with an adequate supply of toilet paper, soap, and free or pay clean 
towels. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 198. (Privies.) If no sewer connection is available 
as set forth in regulation 194, a sanitary privy of a design approved 
by the state department of health shall be maintained within a rea- 
sonable distance from the station. Such privy shall be adequately 
protected against the entrance of flies, shall be kept supplied with 
toilet paper, the seats shall be kept clean, and the vaults shall be 
treated with sodium hydrate or other approved disinfectant at least 
once in each week and shall be cleaned out and emptied at such 
intervals as will avoid .the development of a nuisance. 
Adopted March 9, 1923 ; effective July 1, 1923. 
Regulation 199. (Drinking water and ice.) Drinking water and 
ice in railway stations shall be supplied in accordance with regula- 
tions 151, 152, 153, 154 and 155 of this code. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 200. (Water not usable for drinking.) If water 
which does not conform to the standards set forth in regulation 
151 of these regulations is available at any tap or hydrant or in a 
railway station, a notice shall be maintained on each such tap or 
hydrant which shall state in prominent letters, “Not fit for drinking.” 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 201. (Drinking fountains.) If drinking fountains of 
the bubbling type are provided in any railway station they shall be so 
made that the drinking is from a free jet projected at an angle to the 
vertical and not from a jet that is projected vertically or that flows 
through a filled cup or bowl. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 202. (Refuse cans.) At all railway stations where 
there is an agent there shall be provided and maintained an adequate 
supply of open or automatically closing receptacles for the deposition 
of refuse and rubbish, and such receptacles shall be emptied daily and 
kept reasonably clean and free from odor. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 203. (Cisterns, cesspools, etc.) All cisterns, water- 
storage tanks, and cesspools in or about railway stations shall be 
adequately screened against the entrance of mosquitoes, and all col- 
lections of surface water on station property shall be drained or oiled 522 
during the season of mosquito flight, to prevent the breeding of 
mosquitoes. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 204. (Restaurants to be screened.) All restaurants 
and lunch rooms, or other places where food is prepared or served in 
a railway station, shall have doors and windows adequately screened 
against the entrance of flies during the season of flight of these 
insects; and all food on display or storage racks shall be adequately 
covered. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 205. (Lavatories for restaurants.) A lavatory of 
easy and convenient access shall be provided for the use of employes 
in every restaurant or lunch room in any railway station, and it shall 
be provided with an adequate supply of water, soap, and clean towels. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 206. (Restaurant employes.) Restaurant employes 
who are engaged in the preparing or serving of food shall thoroughly 
cleanse their hands by washing with soap and water after using a 
toilet or urinal, and immediately before beginning service. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 207. (Kitchen and table utensils.) All cooking, table, 
and kitchen utensils, drinking glasses, and crockery used in the 
preparation or serving of food or drink in railway restaurants or 
lunch rooms shall be thoroughly washed in boiling water and suitable 
cleansing material after each time they are used. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 208. (Food containers.) Refrigerators, food boxes, 
or other receptacles for the storing of fresh food in railway restau- 
rants or lunch rooms shall be emptied and thoroughly washed with 
soap and hot water at least once in each seven days that they are 
in use. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 209. (Garbage.) Garbage cans in sufficient number, 
and with suitable tight-fitting covers, shall be provided in all res- 
taurants and lunch rooms to care for all refuse food and other 
wastes; and such cans shall be emptied daily in an approved place 
and kept in a clean and sanitary condition. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 210. (Restaurant inspection). The manager, chief, or 
other person in charge of any railway restaurant or lunch room shall 523 
be responsible for compliance with all regulations pertaining thereto, 
and he shall make an inspection of the premises daily for the purpose 
of maintaining a rigorous cleanliness in all parts thereof. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 211. (Station inspection.) The agent, manager, or 
other person in charge of any railway station shall be responsible 
for compliance with all regulations pertaining thereto, and he shall 
make, or have made by a responsible person reporting to him, fre- 
quent inspections of the premises for the purpose of maintaining a 
rigorous compliance with all such regulations. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 212. (Examination of food handlers.) No person shall 
serve as a cook, waiter, or in any other capacity in the preparation 
or serving of food in a railway restaurant or lunch room who is 
known or suspected to have any dangerous communicable disease. 
All persons employed for such service shall undergo a physical exam- 
ination by a competent physician before being assigned to service, 
and before returning to work after any disabling illness, and at such 
other times during their service as may be necessary to determine 
their freedom from such diseases, and shall be immediately relieved 
from service if found to be so afflicted. 
Adopted March 9, 1923; effective July 1, 1923. 
Construction Camps 
Regulation 213. (Definition.) For the purposes of these regula- 
tions railway construction camps shall be considered to include all 
camps and similar places of temporary abode, including those on 
wheels, established by or for the care of working forces engaged in 
the construction, repair, or alterations of railway properties or parts 
thereof: Provided, That camps which are occupied by less than five 
people, or camps which are established to meet emergency conditions 
and are not occupied longer than five days, shall not be included, 
except that regulation 230 of these regulations shall apply to them. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 214. (General.) All camps shall be so located and so 
maintained as to be conducive to the health of their occupants and 
not to endanger the health of the public; and all tents, houses, stables, 
or other structures therein shall be kept in a reasonably clean and 
sanitary condition at all times. 
Adopted March 9, 1923; effective July 1, 1923. 524 
Regulation 215. (Location.) Camps, except those on wheels, 
should be located on high, well-drained ground; any natural sink 
holes, pools or other surface collections of water in the immediate 
vicinity should be drained and filled when the camp is first estab- 
lished; and all such water not subject to complete drainage should 
have the surface oiled at intervals of not more than seven days 
during the season of mosquito flight. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 216. (Arrangement.) The general scheme of rela- 
tions of the structures of a camp should be as follows: The kitchen 
should be located at one end of the camp; next to this should be the 
eating quarters, then the sleeping quarters, then the toilets for the 
men, then the stable, thus bringing the kitchen and the stable at 
opposite ends of the camp, which should be as far apart as is con- 
sistent with the natural topography and the necessity for convenient 
access. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 217. (Water supplies.) All water supplies for camps 
shall be properly chlorinated, unless obtained from a source which 
has been approved by the state department of health. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 218. (Water containers.) All drinking-water con- 
tainers in camps shall be securely closed and so arranged that water 
can be drawn only from a tap, and said containers shall be kept clean 
and free from contamination. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 219. (Garbage and refuse.) All garbage, kitchen 
wastes, and other rubbish in camps shall be deposited in suitably 
covered receptacles, the contents of which shall be emptied and 
burned each day; and manure from the stables shall be likewise 
collected and burned each day, or disposed of in some other manner 
approved by the state department of health. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 220. (Scavenger.) In all camps where there are 100 
men or more there shall be one employe whose duty shall be to act 
as scavenger and garbage collector. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 221. (Toilets.) Every camp shall have an adequate 
number of latrines and urinals, so constructed and maintained as to 
prevent fly breeding and the pollution of water, and the use of such 525 
latrines and urinals by the inhabitants of the camp shall be made 
obligatory. Latrines and urinals may consist of deep trenches cov- 
ered with houses adequately screened against flies, or of any other 
type approved by the state department of health. They shall not be 
located within less than 200 feet of any spring, stream, lake, or 
reservoir forming part of a public or private water supply. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 222. (Washing facilities.) There shall be provided 
in all camps adequate washing facilities for the use of the occupants 
thereof. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 223. (Screening.) The kitchen, eating houses, and 
bunk houses of all camps shall be effectively screened against the 
entrance of flies and mosquitoes during the season of flight of these 
insects. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 224. (Care of tableware.) All cooking, table, and 
kitchen utensils, drinking glasses, and crockery used in the prepara- 
tion or serving of food or drink in camps shall be thoroughly washed 
in boiling water and suitable cleansing material after each time they 
are used. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 225. (Food containers.) Refrigerators, food boxes, 
or other receptacles for the storing of fresh food in camps shall be 
emptied and thoroughly washed with soap and hot water at least once 
in each seven days that they are in use. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 226. (Food and milk.) No spoiled or tainted food, 
whether cooked or uncooked, shall be served in any camp; and no 
milk or milk products shall be served unless the milk has been pas- 
teurized or boiled. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 227. (Examination of food handlers.) No person 
shall be employed as a cook, waiter, or in any other capacity in the 
preparation or serving of food in any camp who is known or sus- 
pected to have any dangerous communicable disease. All persons 
employed for such service shall undergo a physical examination by a 
competent physician before being assigned to service, and before re- 
turning to work after any disabling illness, and at such other times 
during their service as may be necessary to determine their freedom 526 
from such diseases, and shall be immediately relieved from service 
if found to be so afflicted. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 228. (Sick persons.) When an occupant of a camp 
becomes sick with a dangerous communicable disease, he shall be 
immediately isolated, and the health commissioner within whose 
jurisdiction the camp is located shall be immediately notified. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 229. (Vermin.) It shall be the duty of some one 
appointed as caretaker of the camp to make regular weekly inspec- 
tions of the occupants and premises in order to ascertain the presence 
of lice or other vermin. Persons found to be infested shall be re- 
quired to bathe, and their clothing shall be boiled; and the premises 
found to be infested shall be fumigated with sulphur or treated by 
some other effective vermin-destroying method. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 230. (Abandoned camps.) When any camp is to be 
abandoned, all garbage, rubbish, and manure shall be collected and 
burned, the latrine trenches filled, and the ground and buildings shall 
be left in a clean and sanitary condition. 
Adopted March 9, 1923; effective July 1, 1923. 
Regulation 231. (Duty to enforce regulations.) It shall be the 
duty of the superintendent, foreman, or other person imcharge of a 
cam]) to see that all regulations pertaining thereto are faithfully 
complied with. 
Adopted March 9, 1923; effective July 1, 1923. 
SANITATION OF CAMPS 
Regulation 232. (To what camps regulations apply.) For the 
purpose of these regulations camps shall be considered to include all 
locations and places of abode of three or more tents or structures, 
including those stationary or movable, either temporary or per- 
manent. and shall apply to any construction, work, recreational, 
health, educational, sectarian, tourist, picnic, or resort camp, now or 
hereafter established within the state. 
Adopted April 24, 1925; amended October 10, 1942; effective 
January 15, 1943. 
Regulation 233. (Application for permit; examination of site and 
equipment. Notification.) No person, firm, corporation, organization, 
or political subdivision, or officer or employe thereof, shall establish. 527 
maintain or use a camp for any of the purposes enumerated in regula- 
tion 232 until written notification, describing the location and purpose 
of the camp, has been given to the health commissioner of the district 
in which the camp is located and a written permit or approval for the 
establishment, maintenance or use of such camp has been issued by 
the district health commissioner. Prior to the issuance of such permit 
or approval the district health commissioner shall examine the camp 
site and its equipment and facilities, and shall determine that the sani- 
tary conditions at the camp are satisfactory and that the proposed 
use of the camp will not be detrimental to the public health. Notifica- 
tion of the results of such examination shall be given to the person, 
firm, corporation, organization or political subdivision proposing the 
establishment, maintenance or use of the camp, and the state depart- 
ment of health. 
Adopted April 24, 1925; amended January 19, 1941; effective 
February 1, 1941. 
Regulation 234. (General requirements.) The following general 
requirements relating to the site, equipment, facilities and mainte- 
nance of the camp shall be complied with: 
(a) The camp site shall be of adequate area, suitably located, 
properly drained and removed from swampy or wet land. 
(b) The camp shall be provided with an adequate water supply 
of satisfactory quality for drinking and from an approved source. 
(c) The camp shall be provided with adequate and approved 
toilet facilities comprising water-flushed plumbing equipment or 
properly located and constructed privies of approved design. If water- 
flushed plumbing equipment is used the sewage shall be disposed of 
in a manner which will not create a nuisance, pollute a stream, lake 
or other body of water, or contaminate a water supply or bathing- 
place. If privies are used the vaults shall be cleaned as frequently as 
may be necessary and the contents shall be disposed of in a manner 
which will not create a nuisance, pollute a stream, lake or other 
body of water or contaminate a water supply or bathing place. 
Separate toilet facilities shall be provided for males and females. 
(d) The camp shall be provided with suitable water-tight cov- 
ered receptacles for the storage of garbage and other refuse. These 
waste materials shall be disposed of in a manner which will not 
create a nuisance, pollute a stream, lake or other body of water, or 
contaminate a water supply or bathing place. 
(e) The camp shall be provided with suitable drains or water- 
tight receptacles for receiving the liquid wastes other than body 
excreta. These wastes shall be disposed of in a manner which will 528 
not create a nuisance, pollute a stream, lake or other body of water 
or contaminate a water supply or bathing place. 
(f) All places used for human habitation in a camp must be 
provided with adequate heat, light, ventilation, sanitation, and suf- 
ficient cubical content for the occupancy of those persons therein.- 
(g) The owner or lessee of the property shall be responsible 
for the construction and maintenance of the camp. A manager or 
caretaker shall be provided who shall be in constant charge of the 
maintenance and sanitary condition of the camp and insure freedom 
of any nuisance or insanitary condition eminating from the camp. 
(h) When the camp is abandoned or vacated, the owner or 
lessee of the property shall be responsible for placing the grounds 
and buildings in a clean and sanitary condition. 
Adopted April 24, 1925; amended January 19, 1941; effective 
February 1, 1941. 
Regulation 234a. (Trailer house sanitation.) (a) The wash 
water, refuse, garbage and the contents of trailer house toilets shall 
not be deposited upon the surface of the ground, or in a manner 
which may allow this material to gain access to any waters of the 
state. 
(b) All built-in toilets in trailer houses shall be provided with 
fly-tight, leak-proof metal receptacles for containing human excre- 
ment and said receptacles shall contain sufficient caustic soda, or 
similar chemicals to render the contents innocuous. 
(c) All tourist or resort camps at which trailer houses are 
allowed to park shall provide an approved type of sanitary fly-tight 
depository into which the contents of trailer house chemical toilets 
may be deposited. In addition, provision shall be made for washing 
these chemical toilet cans in a sanitary manner. 
(d) When trailers serve as permanent homes the use of built-in 
toilets shall not be allowed unless the installation complies with state 
and local ordinances, codes or regulations pertaining to plumbing and 
its installation. 
Adopted July 9, 1937, effective August 1, 1937. 
Regulation 235. (Approved camp sign; revocation.) Whenever, 
in the judgment of the district health commissioner, the foregoing 
requirements are satisfactorily met, the owner of the camp may be 
authorized to erect a standard sign or marker to indicate to the 
public that the camp has been investigated by the district health 
commissioner and has been found satisfactory. No such sign or 
marker may be erected or maintained without authorization in 529 
writing by the district health commissioner. Such authorization may 
be revoked for cause at any time. 
Adopted April 24, 1925; amended January 19, 1941; effective 
February 1, 1941. 
OPERATING PERSONNEL OF WATER AND SEWAGE 
TREATMENT WORKS 
Regulation 236. All cities, villages, counties, public institutions 
and corporations now operating or which may hereafter operate any 
water or sewage treatment works shall be required to place such 
treatment works under the supervision of a trained individual whose 
ability to perform the duties required shall have been certified to by 
the state director of health, provided that nothing in these regulations 
shall be construed as preventing any such city, village, comity, public 
institution or corporation from continuing in office any qualified 
person now so employed. The application of these regulations shall 
be extended to the operating personnel whose duties may include 
responsible charge of operation of water or sewage treatment works 
for any period of time. 
Adopted July 9, 1937; effective August 1, 1937. 
Regulation 237. The director of health shall set up rules per- 
taining to the examination, classification and certification of persons 
in charge of water and sewage treatment works now in operation or 
hereafter placed in operation. 
Adopted July 9, 1937; effective August 1, 1937. 
Regulation 238. The director of health shall prescribe the classi- 
fication required of the individuals to be in charge of each such water 
and sewage treatment works including both the individual charged 
with the supervision of said works and the operating personnel 
whose duties may include responsible charge of operation of said 
works for any period of time, such requirement to be subject to 
change at the discretion of the director of health. 
Adopted July 9, 1937; effective August 1, 1937. 
Regulation 239. After this date no city, village, county, public 
institution or corporation shall employ as the responsible individual 
in charge, or any individual whose duties may include responsible 
charge of operation, of a water or sewage treatment works, who has 
not been certified by the director of health as competent to hold 
such responsibility. 
Adopted July 9, 1937; effective August 1, 1937. 530 
Regulation 240. The director of health shall prescribe certain 
tests to be made and records of the operation of each water and 
sewage treatment works, such records to be filed monthly at the 
office of the department of health, State of Ohio. 
Adopted July 9, 1937; effective August 1, 1937. 
Regulation 241. (Definitions,) For the purpose of carrying out 
the provisions of these regulations the following terms are defined: 
Hatters’ Fur is any animal fiber or other substance used in the 
manufacture of hats, which is treated or otherwise prepared by the 
process of, or, in a manner similar to that of carroting. 
Carroting is the process of treating hatters’ fur with mercury nitrate 
or any other solution or material for the purpose of rendering the hatters’ 
fur suitable in the manufacture of hats. 
Mercurial carrot is any solution or material containing mercury or its 
compounds in combination with nitric acid or other materials and used in 
the carroting or preparation of hatters’ fur. 
Adopted October 18, 1941; filed with Secretary of State Novem- 
ber 18, 1941; effective December 1, 1941. 
Regulation 242. Effective December 1, 1941, the use of mercurial 
carrot in the preparation of hatters’ fur, or the use of mercurial car- 
roted hatters’ fur in the manufacture of hats, is prohibited: 
Provided, That any hat manufacturer or fur cutter having mercurial 
carrotted hatters’ fur on hand December 1, 1941, may use said fur until it 
is consumed . 
Adopted October 18, 1941; filed with Secretary of State Novem- 
ber 18, 1941; effective December 1, 1941. 
Regulation 243. (Birth certificate.) The certificate of birth of 
a live child, provided by section 1261-52 of the General Code, shall 
contain, as an addition to the items and information required by the 
United States Bureau of the Census, the following items: 7a. Weight 
at Birth ; 7b. Congenital Malformation. 
Adopted January 10, 1943; filed with Secretary of State February 
13, 1943; effective February 25, 1943. INDEX 
Part II 
OHIO SANITARY CODE 
Regulation 
N umber Page 
Actinomycosis 
Cases of, reportable 2 415 
Methods of control 16 426 
Adoption of Regulations 
Declaration of 1 415 
Aniline Poisoning 
Cases of, reportable 2 415 
Animal 
Bite of, to be reported 2b 417 
Confined in pound 2c 417 
Examination of 2c 417 
Anthrax 
Cases of, reportable 2 415 
Methods of control 16 42*6 
Approval 
Application for, contents 103 496 
Cross connections 102a 495 
Submission of plans for 102 495 
Arsenic Poisoning 
Cases of, reportable 2 415 
Ascariasis 
Cases of, reportable during unusual prevalence 2 
Methods of control 16 466 
Barber 
Regulation governing 138 509 
Barber Shop 
Notice to be posted 140 510 
Regulation governing 138 509 
Bath House 
Requirements for, in sanitary district 109a 500 
Bathing Place 
Requirements for, in sanitary district 109a 500 
Beauty Parlor 
Notice to be posted 140 510 
Benzine Poisoning 
Cases of, reportable 2 415 
Benzol Poisoning 
Cases of, reportable 2 416 532 
Beverages 
Regulations governing sale of 95 494 
Board of Health 
Approval of application for license of maternity hospital.... 72 486 
Permit to dispose of food 14a 424 
To issue permit to operate a camp 233 526 
Boat Sanitation 
In sanitary district 109b 500 
Botulism 
Cases of, reportable 2 415 
Methods of control 16 428 
Brass Poisoning 
Cases of, reportable 2 416 
Brushing 
In body of car, prohibited 164 516 
Brushing of Teeth 
Separate basin for 170 517 
Buckeye Lake State Park 
Designated as a sanitary district 105 499 
Butter 
Sale of, prohibited, when 14a 424 
Camp—See also “Construction Camp” 
Application for permit 233 526 
Approved sign for 235 528 
Definition of 232 526 
Examination of camp site 233 526 
Permit required to operate 233 526 
Regulations governing 232 526 
Requirements for 234 527 
Revocation of permit 235 528 
Trailer house sanitation 234a 528 
Carbon Monoxide Poisoning 
Cases of, reportable 2 416 
Carrier 
Definition of term 11 420 
Carroting 
Definition 241 530 
Cat 
Bite of, to be reported 2b 417 
Confined in pound 2c 417 
Examination of 2c 417 
Chancroid—See also “Venereal Disease” 
Cases of, reportable 2 415 
Cheese 
Sale of, prohibited, when 14a 424 
Chemical Privy Tank 
Permit for in sanitary district 113 501 
Use of, in sanitary district 115 502 
Chickenpox 
Cases of, reportable 2 415 
Restrictions for travel by common carrier 143 510 533 
Cholera 
Cases of, reportable 2 415 
Methods of control 16 428 
Transportation by common carrier, prohibited 141 510 
Transportation of bodies dead from 49 480 
Cisterns (abandoned) 
Use prohibited for waste disposal Ill 500 
Cleaning 
Definition of term 11 420 
Of cars 166, 157, 158 515 
Of cars while occupied 161 516 
Cleansing 
Equipment in drug stores, etc ' 96 491 
Climatic Bubo 
Cases of, reportable 2 415 
Methods of control 16 441 
Clinic 
Superintendent to report 4 418 
Coccidioidomycosis 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 466 
Comb and Brush 
For common use, prohibited 167 518 
Common Carrier 
Agreement to comply with requirements for travel 145 512 
Certification of ice used by 152 514 
Certification of water supply used by 151 514 
Cleaning and disinfection of cars 156, 157, 158 515 
Construction and care of water containers 153, 154, 155 514, 515 
Conveyances occupied by infected person to be cleaned 
and disinfected 150 514 
Prohibited from accepting persons having certain diseases.... 142 510 
Restricted travel for persons having diphtheria, etc 153 510 
Sanitary procedures for cars in service 161 to 183 516 
Suspected cases of communicable disease to be reported 
to health commissioner 146 512 
Transportation of persons having1 leprosy 148 513 
Transportation of persons having pulmonary tuberculosis.... 149 513 
Treatment to control odors 159 515 
Treatment to destroy vermin 160 516 
Common Cold 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 467 
Common Drinking Cup 
Use of, forbidden 137 508 
Common Towel 
Use of, forbidden 136 508 
Communicable Disease 
In family of milk handler 108 499 
In sanitary district 107 499 
Investigation of reported cases 13 424 534 
Communicable Disease, con. 
Investigation of unreported cases 14 424 
Isolation of, at construction camp 228 526 
Methods of control 16 425 
Notice of removal from district 15 425 
Notice to school authorities 13a 424 
Quarantine, how enforced 12 423 
Reports from maternity hospitals 93 493 
Sale of farm and dairy products 14a 424 
Transportation of persons having 141 to 150 510 
Compressed-Air Illness 
Cases of, reportable 2 416 
Confectionery 
Regulations governing sale of ice cream, etc' 95 494 
Conjunctivitis, Acute Infectious 
Methods of control 16 430 
Construction Camp 
Abandoned, to be made sanitary 230 526 
Arrangement of 216 524 
Care of food containers 225 525 
Care of sick persons 228 526 
Care of tableware, utensils, etc 224 525 
Definition 213 523 
Enforcement of regulations 231 526 
Examination of food handlers 227 525 
Food and milk supplies 226 526 
Garbage and refuse 219 524 
, Location of 214, 215 523, 524 
Scavenger to be provided 220 524 
Screening of buildings 223 525 
Toilets to be provided 221 524 
Vermin to be destroyed 229 526 
Washing facilities at 222 525 
Water containers 218 524 
Water supply for 217 524 
Contact 
Definition of term 11 420 
Containers 
Milk and cream, to be cleaned 101 495 
Coughing 
Ungarded, in public, forbidden.’ 135 508 
Cross Connections 
Prohibited unless approved 102a 495 
Cuspidors 
Provided for sleeping and smoking cars 169 517 
Dairy 
Insanitary condition of, in sanitary district 128 506 
Inspection of, in sanitary district 125 505 
Sale of products from 14a 424 
Dead Bodies 
Death caused by contagious disease 49 480 535 
Dead Bodies, con. 
Disinfectant fluid used 54 481 
Handles on outside case when transported by common 
carrier 53 481 
Preparation for shipment 49 480 
Preparation of, dead from disease not acute contagious 50 480 
Preparation of, for medical college 50 480 
Transit label 48 479 
Transit permit 48 479 
Transportation by hearse 52 481 
Transportation of 48 479 
Transportation of disinterred 51 481 
Death Certificates 
Reports of diseases from 8 420 
Declaration 
Adoption of sanitary code 1 415 
Definitions 
Terms used in code 11 420 
Delousing 
Definition of term . 11 421 
Dengue 
Cases of, reportable 2 415 
Methods of control 1G 430 
Dentist 
Duty to report cases of venereal disease 19 474 
Instruction to venereal disease patients 20 475 
Department of Health 
Application for approval, what to contain 103 496 
Approval of plans for plumbing, drainage and sanitary 
equipment 104 497 
Forms for reports of venereal disease.... 19 474 
Record of cases to be made and preserved 36 , * 479 
Reports by health commissioner 34 478 
Reports forwarded to 7 419 
Submission to, of plans for public improvements 102 495 
To furnish instructions for venereal disease patients 20 475 
Dining Car 
Care and disposal of garbage 181 518 
Care of tableware 178 518 
Employes to cleanse hands 177 518 
Examination of food handlers 183 519 
Food and milk, quality 180 518 
Food containers to be cleaned 179 518 
Inspection of 182 518 
Lavatory in 175 517 
Screened against flies, etc. 176 518 
Dinitrobenzine Poisoning 
Cases of, reportable 2 416 
Diphtheria 
Cases of, reportable 2 415 
Methods of control 16 431 
Pacarding for 12 423 536 
Diphtheria, con. 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Transportation of bodies dead from 49 480 
Director of Health 
Certificate of approval of tuberculosis hospitals 57 482 
Inspection of tuberculosis hospitals 56 482 
License for maternity hospitals 72 486 
May authorize reports by telephone 6 419 
Notice of admission of patients to tuberculosis hospital 61 483 
Notice of death or discharge of patients 62 483 
Permit to dispose of food 14a 424 
Record of maternity hospital license . .. . 73 486 
Reports from tuberculosis hospitals 55 482 
Rules and regulations of tuberculosis hospitals to be 
filed with 58 482 
Water and Sewage Treatment Works 
Certification of personnel for 236 529 
Classification of positions 238 529 
Employment of uncertified personnel, prohibited 239 529 
Rules pertaining to personnel 237 529 
Tests and records 239 529 
Disabilities 
Reportable 2 415 
Diseases 
Reportable 2 415 
Who shall report 3 418 
Dishes 
Cleansing and sterilization 97 494 
Disinfectant Fluid 
Used in bodies to be transported 54 481 
Disinfection • 
Cleansing, how performed 17 473 
Concurrent, during course of disease 17 473 
Conveyances used by infected person 150 514 
Definition of term 11 421 
Gaseous, how performed 17 473 
Of mattresses, when 17a 474 
Disinfesting 
Definition of term 11 421 
Dispensary 
Superintendent to report 4 418 
Superintendent to report cases of venereal disease 19 474 
Dog 
Bite of, to be reported 2b 417 
Confined in pound 2c 417 
Examination of 2c 411 
Drainage 
Approval of plans and specifications for 104 497 
In sanitary district 110 500 
Waste disposal, prohibited, when 112 501 537 
Drinking Cups 
Individual, to be provided 165 516 
Druggist 
Record of requests for remedy for venereal disease 21 475 
Drug Stores 
Regulations governing the sale of ice cream, etc 95 494 
Dusting 
Dry, prohibited 163 516 
Dysentery 
Amebic 
Cases of, reportable 2 415 
Methods of control 16 432 
Sale of food regulated, when 14a 424 
Bacillary 
Cases of, reportable.. 2 415 
Methods of control 16 433 
Sale of food regulated, when 14a 424 
Restrictions for travel by common carrier 144 511 
Employes 
Dining car, to cleanse hands 177 518 
Encephalitis, Infectious 
Cases of, reportable 2 415 
Methods of control 16 434 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Epidemic Diarrhea of the Newborn 
Cases of, reportable ,.... 2 415 
Equipment 
Cleansing and sterilization in drug stores, etc 96 494 
Erysipelas 
Cases of, reportable 2 415 
Farm 
Sale of products from 14a 424 
Favus 
Cases of, reportable 2 415 
Methods of control 16 435 
Filiariasis 
Cases reportable during unusual prevalence 2 416 
Methods of control 1<6 468 
Food 
Protection of, against dogs 132 507 
Protection of, from dust, etc., in sanitary district 131 507 
Sale of, prohibited, when 14a 424 
Selling unwholesome, in sanitary district 129 507 
Tainted, not to be served in dining car 180 518 
Food Containers 
Cleansing of, in dining car 179 518 538 
Food Handlers 
Examination of 212 523 
Examination of, at construction camps 227 525 
Physical examination of 183 513 
Food Infections and Poisonings 
Cases of, reportable 2 415 
Methods of control 16 435 
Foot and Mouth Disease (in man) 
Cases of, reportable 2 415 
Forms 
Standard, to be used in reporting 4 418 
Fumigation 
Definition of term 11 421 
Garbage 
Cans must be provided for :... 181 518 
Collection and disposal at construction camp 219 524 
Metal cans for, in sanitary district 122 505 
German Measles 
Cases of, reportable 2 415 
Methods of control 16 436 
Glanders 
Cases of, reportable 2 415 
Methods of control 16 436 
Gonorrhea—See also “Venereal Disease’’ 
Cases of, reportable 2 415 
Methods of control 16 437 
Gonorrheal Ophthalmia 
Cases of, reportable 2 415 
Cases to be reported in six hours 5 419 
Definition 31 477 
Form of report 34 478 
Investigation by health commissioner 35 479 
Investigation of reports 35 479 
Methods of control 16 438 
Record of cases 36 479 
Reports to department of health 34 478 
Reports to Ohio commission for the blind 35 479 
Who shall report cases 32 478 
Granuloma Inguinale—See also “Venereal Disease” 
Cases of, reportable 2 415 
Methods of control 16 441 
Guilford Lake State Park 
Designated as a sanitary district 105 499 
Hair Dresser 
Notice to be posted 140 510 
Regulation governing 139 510 
Hatters’ Fur 
Definition 241 530 
Use of mercurial carrot in, prohibited 242 530 539 
Health Commissioner 
Application for camp permit 233 52G 
Compliance with nomenclature in reporting cases 2a 417 
Communicable disease to be reported to 3 418 
Correction in nomenclature 2a 417 
Duty to quarantine premises 12 423 
Duty to remove suspected cases of communicable disease.... 147 513 
Examination of persons suspected of having venereal disease. 23 475 
Investigation of cases of venereal disease 22 475 
Investigation of reported cases 13 424 
Investigation of unreported cases 14 424 
Isolation of venerally diseased persons 24 476 
Notice of removal of infected person 27 476 
Notice to schools 13a 424 
Procedure in quarantine 12 423 
Removal of patient from district 15 425 
Reports from death certificates 8 420 
Reports of cases of inflammation of eyes of newborn and 
gonorrheal opthalmia 32 478 
Reports sent to 5 419 
Reports to department of health .* 34 478 
Reports to the Ohio commission for the blind 35 479 
Special reports by 10 420 
Time to forward reports 9 420 
Venereal diseases to be reported by 19 474 
Health District 
Removal of communicable disease patient 15 425 
Heating 
Temperature of cars 172 517 
Hemorrhagic Jaundice 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 468 
Hogs 
Keeping, in sanitary district 124 505 
Hookworm Disease 
Cases of, reportable 2 415 
Methods of control 16 438 
Hospital—See also “Maternity Hospital”; “Tuberculosis 
Hospital” 
Superintendent to report 4 418 
Superintendent to report cases of venereal disease 19 474 
Ice 
Certification of, used by common carrier 152 514 
Permit to cut or sell, in sanitary district 133 507 
Ice Cream 
Regulations governing sale of 95 494 
Ice Cream Parlors 
Regulations governing 95 494 
Immune Person 
Definition of term 11 423 540 
Impetigo Contagiosa 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 469 
Indian Lake State Park 
Designated as a sanitary district 105 499 
Industrial Waste 
Submission of plans for approval 102, 103 495, 490 
Infestations 
Cases of, reportable 2 415 
Inflammation of Eyes of the Newborn 
Cases of, reportable 2 415 
Cases to be reported in six hours 5 • 419 
Definition 31 477 
Form of report 34 478 
Investigation by health commissioner 35 479 
Investigation of reports 35 479 
Methods of control l(j 438 
Record of cases 36 479 
Reports to department of health 34 478 
Reports to Ohio commission for the blind 35 479 
Who shall report cases of 32 478 
Influenza 
Cases of, reportable 2 415 
Methods of control 16 439 
Restrictions for travel by common carrier 143 510 
Institutions 
Superintendent to report cases of venereal disease 19 474 
International Nomenclature of Causes of Deaths 
Compliance with, in reporting cases of disease 2a 417 
Isolation 
Definition of term 11 423 
Laboratory 
In maternity hospital 88 491 
Lake Loramie State Park 
Designated as a sanitary district 105 499 
Lake St. Marys State Park 
Designated as a sanitary district 105 499 
Lavatory 
For dining car employes 175 517 
For restaurant at railway station 205 522 
In passenger cars 173 517 
Lead Poisoning 
Cases of, reportable 2 415 
Leprosy 
Cases of, reportable 2 415 
Methods of control 16 440 
Provisions for transportation by common carrier -... 148 513 
License—Fee “Maternity Hospital” 
Lunch Room 
At Railway Station 
Sanitary condition required 184 519 Lying-in Hospital—See ‘‘Maternity Hospital” 
Lymphogranuloma Venereum—See also “Venereal Disease” 
Cases of, reportable „ 2 415 
Methods of control 16 441 
Malaria 
Cases of, reportable 2 415 
Methods of control . 16 441 
Manicure 
Regulation governing 139 510 
Manure 
Bins for, in sanitary district 121 504 
Removal of, in sanitary district 120 504 
Maternity Home—See “Maternity Hospital” 
Maternity Hospital 
Annual and special reports 94 493 
Building requirements 80 488 
Building requirements to be met 72 486 
Definition 71 485 
Delivery room 86 491 
Disposition of child 92 493 
Duty to report cases of gonorrheal ophthalmia 32 478 
Duty to report cases of inflammation of eyes of newborn... 32 478 
Fire protection 81 489 
Information regarding patients 91 492 
Inspection by building inspector 72 486 
Isolation facilities 85 490 
Laboratory 88 491 
License 
Application for 72 486 
Contents of 73 486 
Notice of suspension or revocation 77 487 
Not transferable 74 487 
Posted on licensed premises 75 487 
Record of ,in journal 73 486 
Revocation of 76 487 
Medical and nursing service 78 488 
Morbidity reports 93 493 
Nursery 87 491 
Personnel 78 488 
Procedure at birth of infant 83 489 
Public health council to conduct hearing 77 487 
Records of patients 91 492 
Sanitation of buildings, equipment, etc 29 477 
Segregation of patients 82 489 
Space for patients 84 490 
Supplies, equipment and facilities 89 492 
Visitors 90 492 
Vital statistics reports 91 492 
Mattresses 
Disinfection and sterilization of, when 17a 474 542 
Measles 
Cases of, reportable 2 415 
Methods of control 16 442 
Restrictions for travel by common carrier 143 510 
Meat 
Permit to sell, in sanitary district 126 505 
Selling immature, in sanitary district 130 507 
Meat Market 
Inspection of, in sanitary district — 125 505 
Meningococcus Meningitis 
Cases of, reportable 2 415 
Methods of control 16 444 
Placarding for 12 42S 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Mercurial Carrot 
Definition 241 530 
Use in hatters fur, prohibited 242 530 
Mercury Poisoning- 
Cases of, reportable 2 415 
Methods of Control 
Of diseases specified 16 425 
Midwife 
Duty to report cases of gonorrheal ophthalmia 32 478 
Duty to report cases of inflammation of eyes of newborn.. 82 478 
Duty to report diseases. 3 418 
Milk 
Communicable disease in family of handler 108 499 
Pasteurized, only may be served 180 518 
Permit to sell, in sanitary district 126 505 
Quality of, sold in sanitary district 127 506 
Sale of, prohibited, when 14a 424 
Milk Plant 
Inspection of, in sanitary district 125 505 
Milk Sickness 
Cases of, reportable 2 415 
Mosquitoes 
Cisterns, etc., at railway stations to be screened against 203 521 
Mumps 
Cases of, reportable 2 415 
Methods of control Id 445 
Restrictions for travel by common carrier 143 510 
Naphtha Poisoning 
Cases of, reportable 2 415 
Natural Gas Poisoning 
Cases of, reportable 2 415 
Night Soil 
Permit to remove, in sanitary district 119 504 
Nomenclature 
International causes of death to be used 2a 417 543 
Nuisance 
Abatement of, in sanitary district 128 50-5 
Nurse 
Duty to report cases of gonorrheal ophthalmia 32 478 
Duty to report cases of inflammation of eyes of newborn.. 32 478 
Duty to report diseases 3 418 
Nursery 
In maternity hospital 87 491 
Odors 
Treatment to control 159, 196 515, 520 
Ohio Commission for the Blind 
Health commissioner to report to 35 479 
Paratyphoid Fever 
Cases of, reportable 2 415 
Methods of control, 16 445 
Restrictions for travel by common carrier 144 511 
Sale of food regulated, when 14a 424 
Pediculosis 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 469 
Pellagra 
Cases of, reportable 2 415 
Methods of control 16 446 
Personal Cleanliness 
Definition of term 11 421 
Personnel 
In maternity hospital 78 488 
Pharmacist 
Record of request for remedy for venereal disease 21 475 
Phosphorus Poisoning 
Cases of, reportable .- 2 415 
Physician 
Certificate of freedom of venereal disease 28 477 
Compliance with nomenclature in reporting cases 2a 417 
Duty to report cases of gonorrheal ophthalmia 32 ' 478 
Duty to report cases of inflammation of eyes of newborn.. 32 478 
Duty to report cases of venereal disease 19 474 
Duty to report diseases 3 418 
Instruction to venereal disease patients 20 475 
Report of discontinuance of venereal disease treatment 25 476 
Placarding 
Diseases which require 12 423 
Plague 
Cases of, reportable 2 415 
Methods of control... 16 447 
Transportation by common carrier prohibited 141 510 
Transportation of body dead from 49 480 
Plans 
Plumbing, drainage and sanitary equipment to be approved.. 104 497 
Submission of, for approval 102 495 
2 415 544 
Plumbing 
Approval of plans and specifications for.. 104 497 
In sanitary district 110 500 
Pneumonia 
Acute Lobar 
Cases of, reportable 2 415 
Methods of control 16 447 
Restrictions for travel by common carrier 143 510 
Poliomyelitis 
Cases of, reportable 2 415 
Methods of control 16 448 
Placarding for 12 423 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Portage Lakes State Park 
Designated as a sanitary district 105 499 
Privy 
At railway station 198 521 
Privy Vaults 
Abandoned; treatment of 117 503 
Cleaning of 118 504 
Construction of, in sanitary district 114 501 
Permits for, in sanitary district 113 501 
Prostitutes 
Declared reasonably suspected of having venereal disease 23 475 
Psittacosis 
Cases of, reportable 2 415 
Methods of control 16 449 
Public Conveyance 
Spitting forbidden 134 508 
Public Health Council 
Adoption of sanitary code 1 415 
Puerperal Infection 
Cases of, reportable 2 415 
Methods of control 16 450 
Pymatuning Reservoir State Park 
Designated as a sanitary district 105 499 
Quarantine 
Definition of term 11 420 
Procedure to be followed 11 420 
Rabies 
Animals to be confined in pound 2c 417 
(In Man) 
Cases of, reportable 2 415 
Methods of control 16 450 
Railroad Sanitation 
Cars in service 161 to 183 516 
Cleaning and disinfection of cars 156 to 160 515 
Construction camps 213 to 231 523 
Railway stations 184 to 212 519 545 
Railroad Sanitation, con. 
Transportation of persons having communicable disease 141 to 150 510 
Water and ice supplies 151 to 155 514 
Railway Stations 
Sanitary conditions required 184 to 212 519 
Rat Bite Fever 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 470 
Refrigerator 
Care of, at construction camp 225 525 
Cleaning of 98 495 
Refuse 
Cans for, to be provided at railway stations 202 521 
Registrars 
Report of disease from death certificates 8 420 
Relapsing Fever 
Cases reportable during unusual prevalence 2 415 
Methods of control Id 470 
Renovation 
Definition of term 11 420 
Report of Disease 
Definition of term 11 420 
Reports 
Annual, of tuberculosis hospital 55 482 
Bites of dog or other animal 2b 417 
Forwarded to department of health 7 419 
From death certificates 8 420 
Information required 5 419 
Made to health commissioner 5 419 
Separate, in dual disease 2a 417 
Special, by health commissioner 10 420 
Standard form to be used 4 418 
Telephone, if authorized 6 419 
Time limit for reporting 5 419 
Time to be forwarded 9 420 
Verbal, to be recorded on standard form G 419 
Written, required 6 419 
Restaurant 
At Railway Station 
Employes to cleanse hands 206 522 
Garbage cans to be provided 209 522 
Inspection of 210 522 
Refrigerators, etc., to be cleaned 208 522 
Sanitary condition required 184 519 
To be screened 204 522 
Utensils to be cleaned 207 522 
Inspection of, in sanitary district 125 505 
Ringworm 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 470 
Rocky Mountain Spotted Fever 
Cases of, reportable 2 415 
Methods of control 16 451 546 
Sanitary Code 
Declaration of adoption 1 415 
Sanitary District 
Abandoned vaults . 117 503 
Abandoned wells and cisterns Ill 501 
Bathing 109 a 500 
Boat sanitation 109b 500 
Chemical privy tanks 115 502 
Cleaning privy vaults, etc 118 504 
Communicable disease in 107 499 
Communicable disease in family of milk handler 108 499 
Construction and use of sewage disposal equipment 116 502 
Construction of privies and privy vaults 114 501 
Dairy inspection 125 505 
Garbage, storage of 122 505 
Hogs, limitation on keeping 124 505 
Immature meat 130 507 
Insanitary conditions at dairy 128 506 
Inspector for ; 106 499 
Manure bins 12b 504 
Nuisance abatement 123 505 
Permits for privies, privy vaults, etc . 113 501 
Permit to cut or sell ice 133 507 
Permit to remove night soil 119 504 
Permit to sell milk or meat 126 50o 
Plumbing and drainage in 110 500 
Protection of food against dogs 132 507 
Protection of food from dust, etc 131 507 
Quality of milk 127 506 
Removal of manure 120 504 
Sanitary sewers, use of 117 503 
Selling unwholesome food 129 507 
State parks designated as 105 499 
Use of street, road, etc., for waste disposal 112 501 
Water supplies to be approved 109 500 
Sanitary Equipment 
Approval of plans and specifications for 194 497 
Sanitary Inspector 
Abatement of nuisances 125 505 
Approval of water supply 109 500 
Duty regarding cleaning of privy vaults, etc 117 503 
For sanitary district 106 499 
Inspection of dairies, milk plants, etc 125 505 
Permit to cut or sell ice 133 507 
Scabies 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 471 
Scarlet Fever 
Cases of, reportable 2 415 
Methods of control 16 451 
Placarding for 12 423 547 
Scarlet Fever, con. 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Transportation of bodies dead from 49 480 
Scavenger 
For construction camp 220 524 
Schistosomiasis 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 472 
School 
Exclusion of children from 13a 424 
Notice of communicable disease to 13a 424 
Screens 
For construction camps 223 525 
For dining cars 176 518 
Septic Sore Throat 
Cases of, reportable 2 415 
Methods of control 16 452 
Restrictions for travel by common carrier 143 510 
Sale of food regulated, when 14a 424 
Sewage Disposal Equipment 
Construction and use of, in sanitary district 116 502 
Permit for, in sanitary district 113 501 
Sewage Treatment Works 
Certification of personnel 236 529 
Employment of uncertified personnel prohibited 239 529 
Submission of plans for approval 102, 103 495, 496 
Trained personnel for operation of 236 529 
Sewerage 
Submission of plans for approval 102, 103 495, 496 
Slaughter House 
Inspection of, in sanitary district 125 505 
Smallpox 
Cases of, reportable 2 415 
Methods of control 16 453 
Placarding for 12 423 
Sale of food regulated, when 14a 424 
Transportation by common carrier prohibited 141 510 
Transportation of bodies dead from 49 480 
Sneezing 
Unguarded, in public, forbidden.. 135 508 
Soda Fountain Sundries 
Regulations governing sale of 95 494 
Spitting 
In public place forbidden 134 508 
On floors, etc., prohibited 168 516 
Standard Report Form 
To be used in reporting 4 418 
State Inspector of Plumbing- 
Approval of plans v 104 497 
State Parks—See “Sanitary District” 548 
Sterilization 
Equipment in drug stores, etc 9G 494 
Of mattresses, when 17a 474 
Straws 
Use of 100 495 
Susceptible 
Definition of term 11 420 
Sweeping 
Dry, prohibited 162 516 
Syphilis—See also “Venereal Disease” 
Cases of, reportable 2 415 
Methods of control 16 455 
Tableware 
Cleaning of, in dining car 178 518 
Telephone 
Used in making reports 6 419 
Tetanus 
Cases of, reportable 2 415 
Methods of control 16 456 
Time 
Limit for making reports 5 419 
Toilets 
At railway stations 193 to 196 520 
For construction camps 221 524 
Locked when passing through cities, etc 174 517 
Required in passenger cars 173 517 
Towels 
Common and roller, prohibited... 166 516 
Trachoma 
Cases of, reportable 2 415 
Methods of control 16 456 
Trailer House 
Sanitation of 234a 528 
Transit Permit 
Information required for 48 479 
Transportation—See “Dead Bodies” 
Trichinosis 
Cases of, reportable 2 415 
Methods of control 16 458 
Tuberculosis Hospital 
Admission of patients 60 482 
Annual report 55 482 
Certificate of approval 57 482 
Classification of patients on examination 70 484 
Examination and treatment rooms 63 483 
Form of reports 68 484 
Inspection of 56 482 
Laboratory -. 64 483 
Medical superintendent and assistant 66 483 
New districts or additions to district 59 482 549 
Tuberculosis Hospital, con. 
Notice of admission of patients G1 483 
Notice of death or discharge of patients 62 483 
Nurses, qualifications 67 484 
Records 69 484 
Rules and regulations of 58 482 
X-Ray equipment 65 483 
Tuberculosis 
Other than Pulmonary 
Cases of, reportable 2 415 
Methods of control 16 460 
Pulmonary 
Cases of, reportable 2 415 
Methods of control 16 459 
Provisions for transportation by common carrier 149 513 
Sale of food regulated, when 14a 424 
Tularemia 
Cases of, reportable 2 415 
Methods of control 16 461 
Turpentine Poisoning 
Cases of, reportable 2 415 
Typhoid Fever 
Cases of, reportable 2 415 
Methods of control 1>3 461 
Restrictions for travel by common carrier 144 511 
Sale of food regulated, when 14a 424 
Typhus Fever 
Cases of, reportable 2 415 
Methods of control 16 462 
Transportation by common carrier, prohibited 141 510 
Transportation of bodies dead from 49 480 
Undulant Fever 
Cases of, reportable.. .*. 2 415 
Methods of control 16 463 
Utensils 
Cleansing and sterilization of 97 494 
Use of, in common, forbidden 137 508 
Vaccination 
Definition of term 11 423 
Venereal Disease 
Boards of health to cooperate in enforcement 23 475 
Cases of, reportable 19 474 
Certificates prohibited without clinical and laboratory 
examination 28 477 
Confinement of diseased persons 24 476 
Constitutionality of regulations 30 477 
Declared dangerous to public health 18 474 
Discontinuance of treatment to be reported 25 476 
Druggist to keep records 21 475 
Examination of suspects 28 475 
Examinations only by licensed physicians 23 475 550 
Venereal Disease, con. 
Exposure of another person, prohibited 26 476 
Instruction to patients 20 475 
Investigation of cases 22 475 
Isolation of diseased persons 24 476 
Notice of removal of infected person 27 476 
Prostitutes declared reasonably suspected of having 23 475 
Secrecy of reports and records 29 477 
Sexual contacts to be reported 23 475 
Ventilation 
Fresh air to be provided 172 517 
Vermin 
Destruction of, at construction camps 229 526 
Treatment to destroy 160 516 
Veterinarian 
Report by, on examination of animal 2c 417 
Vincent’s Infection 
Cases reportable during unusual prevalence 2 415 
Methods of control 16 472 
Virus, Filterable 
Definition of term 11 423 
Visitors 
To maternity hospital , 90 492 
Vital Statistics 
Birth certificate to contain additional information 243 530 
Records in maternity hospital 91 492 
Waiting Room 
At Railway Station 
Sanitary conditions required 184 519 
Wash Room 
At Railway Station 
Sanitary conditions required 184 519 
Wastes 
Disposal prohibited, when Ill, 112 500, 501 
Water Containers 
Care of 154 515 
Construction of 153 514 
Filling of 155 515 
Water Purification Works 
Submission of plans for approval 102, 103 495, 496 
Water Supply 
Approval required in sanitary district 109 500 
At railway stations 199 to 201 521 
Certification of, used by common carrier 151 514 
For railway construction camp 217 524 
Submission of plans for approval 102, 103 495, 496 
Water Treatment Works 
Certification of personnel 236 529 
Employment of uncertified personnel prohibited 239 529 
Trained personnel for operation of 236 529 Wells (Abandoned) 
Use prohibited for waste disposal Ill 500 
Whooping Cough 
Cases of, reportable 2 415 
Methods of control 16 464 
Restrictions for travel by common carrier 143 510 
Wood Alcohol Poisoning 
Cases of, reportable 2 415 
Yaws 
Cases of, reportable 2 415 
Methods of control 16 464 
Yellow Fever 
Cases of, reportable 2 415 
Methods of control 16 465 
Transportation by common carrier, prohibited 141 510