REPRESENTATIVES Widowfield, Faber, Otterman

To amend sections 121.084, 3713.01, 3713.04, 3713.10,

1

3713.99, 4104.01, 4104.02, 4104.06 to 4104.10,

2

4104.101, 4104.14, 4104.15, 4104.17, 4104.18,

3

4104.21, 4104.99, 4105.01, 4105.10, 4105.16, and

4

4105.17, to enact new sections 3713.02, 3713.03,

5

3713.05, 3713.06, 3713.07, 3713.08, and 3713.09 and

6

sections 4104.05 and 4104.19, and to repeal

7

sections 3713.02, 3713.03, 3713.05, 3713.051,

8

3713.06, 3713.07, 3713.08, 3713.09, 3713.11,

9

4739.01, 4739.02, 4739.03, 4739.04, 4739.05,

10

4739.06, 4739.07, 4739.08, 4739.09, 4739.10,

11

4739.11, 4739.12, 4739.13, 4739.14, 4739.15,

12

4739.16, and 4739.99 of the Revised Code to modify

13

the laws administered and enforced by the Division

14

of Industrial Compliance governing elevators,

15

boilers, bedding, and stuffed toys.

16

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 121.084, 3713.01, 3713.04, 3713.10,	17
3713.99, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,	18
4104.10, 4104.101, 4104.14, 4104.15, 4104.17, 4104.18, 4104.21,	19
4104.99, 4105.01, 4105.10, 4105.16, and 4105.17 be amended and new	20
sections 3713.02, 3713.03, 3713.05, 3713.06, 3713.07, 3713.08, and	21
3713.09 and sections 4104.05 and 4104.19 of the Revised Code be	22
enacted to read as follows:	23

Sec. 121.084.  (A) All moneys collected under sections	24
1333.96, 3713.02, 3713.06, 3713.07, 3713.09, 3783.05, 3791.07,	25
4104.07, 4104.18, 4104.42, 4104.44, 4104.45, 4105.17, 4105.20,	26
4169.03, 4171.04, 4739.14, and 5104.051 of the Revised Code, and	27
any other moneys collected by the division of industrial	28
compliance shall be paid into the state treasury to the credit of	29
the industrial compliance operating fund, which is hereby created.	30
The department of commerce shall use the moneys in the fund for	31
paying the operating expenses of the division and the	32
administrative assessment described in division (B) of this	33
section.	34

(B) The director of commerce, with the approval of the	35
director of budget and management, shall prescribe procedures for	36
assessing the industrial compliance operating fund a proportionate	37
share of the administrative costs of the department of commerce.	38
The assessment shall be made in accordance with those procedures	39
and be paid from the industrial compliance operating fund to the	40
division of administration fund created in section 121.08 of the	41
Revised Code.	42

Sec. 3713.01.  As used in sections 3713.01 to 3713.11,	43
inclusive,3713.10 of the Revised Code:	44

(A) "Person" has the same meaning as used in division (C) of	45
section 1.59 of the Revised Code and also means an individual,	46
group of individuals, partnership, corporationany limited	47
company, limited liability partnership, joint stock company, or	48
other association.	49

(B) "Bedding" means any upholstered furniture filled with	50
material, any mattress, upholstered spring, comforter, bolster,	51
pad, cushion, pillow, mattress protector, quilt, and any other	52
upholstered article, to be used for sleeping, resting, or	53
reclining purposes, and any glider, hammock, or other	54
substantially similar article whichthat is wholly or partly	55
upholstered.	56

(C) "Material" means any article, substance, or portions	57
thereof used in the manufacture, repair, or renovation of bedding	58
or stuffed toys.	59

(D) "New material" means any material which has not been	60
used in the manufacture of another article, or used for any other	61
purpose, and includes by-products of machines at mills using only	62
new raw material.	63

(E) "Secondhand material" means any material which is not	64
"new."	65

(F) "Shredded clippings" means any material which has been	66
spun into yarn, knit or woven in fabric and subsequently cut up,	67
torn up, broken up, ground up or otherwise defabricated and shall	68
be so designated on a bedding or upholstered furniture label only	69
as "shredded clippings."	70

(G) "Secondhand articles of bedding" means any article, or	71
material, or portion thereof of bedding which has been put to	72
bodilyprior use by, on, or about any person or animal and is sold	73
or offered for sale "as ishas been made in any manner	74
whatsoever."	75

(H)(D) "Remade, repaired, or renovated articles of bedding	76
not for sale" means any article of bedding that is remade,	77
repaired, or renovated for and is returned to the owner for his	78
the owner's own use.	79

(I)(E) "Sale," "sell," or "sold" shall, in the corresponding	80
tense, mean sell, offer to sell, or deliver or consign in sale, or	81
possess with intent to sell, or deliver in sale.	82

(J)(F) "Upholstered furniture" means any article of	83
furniture wholly or partly stuffed or filled with material and	84
whichthat is used or intended for use for sitting, resting, or	85
reclining purposes.	86

(K)(G) "Stuffed toy" means any article intended for use by	87
children, as a plaything, whichor for an educational or	88
recreational purpose that is wholly or partially stuffed with	89
material.	90

(L) "Plaything" means any manufactured item for the	91
educational or recreational use of children, or the equivalent	92
thereof.	93

(H) "Tag" or "label" means any material prescribed by the	94
superintendent of industrial compliance to be attached to an	95
article that contains information required under this chapter.	96

Sec. 3713.02. (A) Except as provided in section 3713.05 of	97
the Revised Code, no person shall import, manufacture, renovate,	98
or reupholster stuffed toys or articles of bedding in this state	99
without first registering to do so with the superintendent of	100
industrial compliance in accordance with section 3713.05 of the	101
Revised Code.	102

(B) No person shall manufacture, offer for sale, sell,	103
deliver, or possess for the purpose of manufacturing, selling, or	104
delivering, an article of bedding or a stuffed toy that is not	105
labeled in accordance with section 3713.08 of the Revised Code.	106

(C) No person shall manufacture, offer for sale, sell,	107
deliver, or possess for the purpose of manufacturing, selling, or	108
delivering, an article of bedding or a stuffed toy that is falsely	109
labeled.	110

(D) No person shall sell or offer for sale any secondhand	111
article of bedding or any secondhand stuffed toy that has not been	112
sanitized in accordance with section 3713.08 of the Revised Code.	113

(E) The possession of any article of bedding or stuffed toy	114
in the course of business by a person required to obtain	115
registration under this chapter, or by that person's agent or	116
servant shall be prima-facie evidence of the person's intent to	117
sell the article of bedding or stuffed toy.	118

Sec. 3713.03. The superintendent of industrial compliance in	119
the department of commerce shall administer and enforce this	120
chapter.	121

Sec. 3713.04. The director of commerce(A) In accordance	122
with Chapter 119. of the Revised Code, the superintendent of	123
industrial compliance shall:	124

(A)(1) Adopt rules pertaining to the definition, name, and	125
description of materials necessary to carry out this chapter;	126

(B) Make recommendations to the director of administrative	127
services relative to the qualifications and duties of the	128
inspectors provided for in this chapter;	129

(C)(2) Determine the testing standards, fees, and charges to	130
be paid for making any test or analysis required pursuant to	131
section 3713.08 of the Revised Code.	132

(B) In accordance with Chapter 119. of the Revised Code, the	133
superintendent may adopt rules regarding the following:	134

(1) Establishing an initial application fee or an annual	135
registration renewal fee not more than fifty per cent higher than	136
the fees set forth in section 4713.05 of the Revised Code;	137

(2) Establishing standards, on a reciprocal basis, for the	138
acceptance of labels and laboratory analyses from other states	139
where the labeling requirements and laboratory analysis standards	140
are substantially equal to the requirements of this state,	141
provided the other state extends similar reciprocity to labels and	142
laboratory analysis conducted under this chapter;	143

(3) Any other rules necessary to administer and carry out	144
this chapter.	145

(C) The superintendent may do any of the following:

146

(1) Issue administrative orders, conduct hearings, and take	147
all actions necessary under the authority of Chapter 119. of the	148
Revised Code for the administration of this chapter. The	149
authority granted under this division shall include the authority	150
to suspend, revoke, or deny registration under this chapter.	151

(2) Establish and maintain facilities within the department	152
of commerce to make tests and analysis of materials used in the	153
manufacture of bedding and stuffed toys. The superintendent also	154
may designate established laboratories in various sections of the	155
state that are qualified to make these tests. If the	156
superintendent exercises this authority, the superintendent shall	157
adopt rules to determine the fees and charges to be paid for	158
making the tests or analyses authorized under this section.	159

(3) Exercise such other powers and duties as are necessary	160
to carry out the purpose and intent of this chapter.	161

If there is practical difficulty or undue hardship in	162
carrying out this chapter or any rule adopted by the director, the	163
director may make a variation of such rule if the spirit of such	164
rule is being observed.	165

The director may subsequently approve, amend, modify, or	166
rescind the rule governing the condition requiring the variation.	167

Sec. 3713.05. (A) Applications to register to import,	168
manufacture, renovate, wholesale, make, or reupholster stuffed	169
toys or bedding in this state shall be made in writing on forms	170
provided by the superintendent of industrial compliance. The	171
application shall be accompanied by a registration fee of fifty	172
dollars per person unless the applicant engages only in	173
renovation, in which case the registration fee shall be	174
thirty-five dollars.	175

(B) Upon receipt of the application and the appropriate fee,	176
the superintendent shall register the applicant and assign a	177
registration number to the registrant.	178

(C) Notwithstanding section 3713.02 of the Revised Code and	179
division (A) of this section, the following are exempt from	180
registration:	181

(1) An organization described in section 501(c)(3) of the	182
"Internal Revenue Code of 1986," and exempt from income tax under	183
section 501(a) of that code and that is operated exclusively to	184
provide recreation or social services;	185

(2) A person who is not regularly engaged in the business of	186
manufacturing, making, wholesaling, or importing stuffed toys but	187
who manufactures or makes stuffed toys as a leisure pursuit and	188
who sells one hundred or fewer stuffed toys within one calendar	189
year;	190

(3) A person who is not regularly engaged in the business of	191
manufacturing, making, wholesaling, or importing quilts,	192
comforters, pillows, or cushions, but who manufactures or makes	193
these items as a leisure pursuit and who sells five or fewer	194
quilts, ten or fewer comforters, or twenty or fewer pillows or	195
cushions within one calendar year.	196

(D) Notwithstanding division (C)(2) or (3) of this section,	197
a person exempt under that division must attach a label to each	198
stuffed toy that contains all of the following information:	199

(1) The person's name and address;

200

(2) A statement that the person is not registered by the	201
state of Ohio;	202

(3) A statement that the contents of the product have not	203
been inspected.	204

Sec. 3713.06. (A) Any person who imports bedding or stuffed	205
toys into this state for retail sale or use in this state and any	206
person who manufactures bedding or stuffed toys in this state for	207
retail sale or use in this state shall submit a report to the	208
superintendent of industrial compliance, in a form and manner	209
prescribed by the superintendent. The form shall be submitted	210
once every six months and shall show the total number of items of	211
bedding or stuffed toys imported into this state or manufactured	212
in this state. Each report shall be accompanied by a fee of four	213
cents for each item of bedding or stuffed toy imported into this	214
state or manufactured in this state.	215

(B) Every importer, manufacturer, or wholesaler of stuffed	216
toys or articles of bedding, and every mobile home and	217
recreational vehicle dealer, conversion van dealer, secondhand	218
dealer, and auction house shall retain records, designated by the	219
superintendent in rule, for the time period established in rule.	220

(C) Every importer, manufacturer, or wholesaler of stuffed	221
toys or articles of bedding, and every mobile home and	222
recreational vehicle dealer, conversion van dealer, secondhand	223
dealer, and auction house shall make sufficient investigation of	224
its records to ensure that the information reported to the	225
superintendent under division (A) of this section is accurate.	226

Sec. 3713.07. (A) Registration obtained under this chapter	227
expires annually on the last day of the month in the month that	228
the registration was obtained. The superintendent of industrial	229
compliance shall renew the registration in accordance with Chapter	230
4745. of the Revised Code.	231

(B) Failure on the part of any registrant to renew	232
registration prior to its expiration, when notified as required in	233
this section, shall not deprive the person of the right to renewal	234
within the ninety days that follow expiration, but the fee to be	235
paid for renewal after its expiration shall be one hundred dollars	236
plus the standard registration fee for the registrant.	237

(C) If a registrant fails to renew registration within ninety	238
days of the date that it expired, the former registrant shall	239
comply with the registration requirements under section 3713.05 of	240
the Revised Code to obtain valid registration.	241

Sec. 3713.08. (A) All persons manufacturing, making, or	242
wholesaling bedding or stuffed toys, or both, that are sold or	243
offered for sale shall have the material content of their products	244
tested and analyzed at an established laboratory designated by the	245
superintendent of industrial compliance before the bedding or	246
stuffed toys are sold or offered for sale.	247

(B) Every stuffed toy or item of bedding sold or offered for	248
sale shall have a label affixed to it that reports the contents of	249
the stuffed toy or bedding material in conformity with	250
requirements established by the superintendent.	251

(C) The seller of any secondhand articles of bedding or	252
stuffed toys shall sanitize all items in accordance with rules	253
established by the superintendent prior to the sale of or the	254
offering for sale of any secondhand articles.	255

(D) This section does not apply to any of the following:

256

(1) Persons who meet the qualifications of division (C)(2)	257
or (3) of section 3713.05 of the Revised Code;	258

(2) The sale of furniture more than fifty years old;

259

(3) The sale of furniture from the home of the owner	260
directly to the purchaser.	261

Sec. 3713.09. (A) The superintendent of industrial	262
compliance may appoint inspectors and periodically inspect and	263
investigate any establishment where bedding or stuffed toys are	264
manufactured, made, remade, renovated, repaired, sanitized, sold,	265
or offered for sale, or where previously used material is	266
processed for use in the manufacture of bedding or stuffed toys.	267

(1) Each inspector shall make a written report to the	268
superintendent of each examination and inspection complete with	269
the inspector's findings and recommendations. Inspectors may	270
place "off sale" any article of bedding or stuffed toy offered for	271
sale, or found in the possession of any person with the intent to	272
sell, in violation of section 3713.02 of the Revised Code.	273
Inspectors shall perform other duties related to inspection and	274
examination as prescribed by the superintendent.	275

(2) When articles are placed "off sale" under division (A)(1)	276
of this section, they shall be tagged, and the tag shall not be	277
removed except by an authorized representative of the division of	278
industrial compliance after the violator demonstrates to the	279
satisfaction of the superintendent proof of compliance with the	280
requirements of section 3713.08 of the Revised Code.	281

(B)(1) When an inspector has cause to believe that any	282
bedding or stuffed toy is not tagged or labeled in accordance with	283
section 3713.08 of the Revised Code, the inspector may open any	284
seam of the bedding or stuffed toy in question to examine the	285
material used or contained within it and take a reasonable amount	286
of the material for testing and analysis and, if necessary,	287
examine any and all purchase records in order to determine the	288
contents or the kind of material used in the bedding or stuffed	289
toy in question. An inspector may seize and hold evidence of any	290
article of bedding, stuffed toy, or material manufactured, made,	291
possessed, renovated, remade, or repaired, sold, or offered for	292
sale contrary to this chapter.	293

(2) Immediately after seizing articles believed to be in	294
violation of this chapter, the inspector immediately shall report	295
the seizure to the superintendent. The superintendent shall hold	296
a hearing in accordance with Chapter 119. of the Revised Code or	297
make a ruling in the matter. If the superintendent finds that the	298
article of bedding, stuffed toy, or material is not in violation	299
of this chapter, the superintendent shall order the item or items	300
returned to the owner. If the superintendent finds a violation of	301
this chapter, the superintendent may do either of the following:	302

(a) Return the articles to the owner for proper treatment,	303
tagging or labeling, or other action as ordered by the	304
superintendent, subject to the requirement that the articles be	305
reinspected at cost to the owner, prior to being sold or offered	306
for sale;	307

(b) Report the violation to the appropriate prosecuting	308
attorney or city law director.	309

(C) The superintendent, at reasonable times and upon	310
reasonable notice, may examine or cause to be examined the records	311
of any importer, manufacturer, or wholesaler of stuffed toys or	312
articles of bedding, mobile home and recreational vehicle dealer,	313
conversion van dealer, secondhand dealer, or auction house to	314
determine compliance with this chapter. The superintendent may	315
enter into contracts, pursuant to procedures prescribed by the	316
superintendent, with persons to examine these records to determine	317
compliance with this chapter. These persons may collect and remit	318
to the superintendent any amounts due under this chapter.	319

(D) Records audited pursuant to division (C) of this section	320
are confidential and shall not be disclosed except as required by	321
section 149.43 of the Revised Code, or as the superintendent finds	322
necessary for the proper administration of this chapter.	323

(E) In the case of any investigation or examination, or both,	324
that requires investigation or examination outside of this state	325
of any importer, manufacturer, or wholesaler of stuffed toys or	326
articles of bedding, or of any mobile home or recreational vehicle	327
dealer, conversion van dealer, secondhand dealer, or auction	328
house, the superintendent may require the investigated or examined	329
person to pay the actual expense of the investigation or	330
examination. The superintendent shall provide an itemized	331
statement of actual expenses to the investigated or examined	332
person.	333

(F) Whenever the superintendent has reason to believe, from	334
the superintendent's own information, upon complaint, or	335
otherwise, that any person has engaged in, is engaging in, or is	336
about to engage in any practice prohibited by this chapter, or	337
when the superintendent has reason to believe that it is necessary	338
for public health and safety, the superintendent may do any of the	339
following:	340

(1) Investigate violations of this chapter, and for that	341
purpose, may subpoena witnesses in connection with the	342
investigation. The superintendent may make application to the	343
appropriate court of common pleas for an order enjoining the	344
violation of this chapter, and upon a showing by the	345
superintendent that any registrant or person acting in a manner	346
that requires registration has violated or is about to violate	347
this chapter, an injunction, restraining order, or other order as	348
may be appropriate shall be granted by the court.	349

(2) Compel by subpoena the attendance of witnesses to testify	350
in relation to any matter over which the superintendent has	351
jurisdiction and that is the subject of inquiry and investigation	352
by the superintendent, and require the production of any book,	353
paper, or document pertaining to the matter. In case any person	354
fails to file any statement or report, obey any subpoena, give	355
testimony, or produce any books, records, or papers as required by	356
a subpoena, the court of common pleas of any county in the state,	357
upon application made to it by the superintendent, shall compel	358
obedience by attachment proceedings for contempt.	359

(3) Suspend or revoke the registration of any importer,	360
manufacturer, or wholesaler of stuffed toys or articles of	361
bedding, mobile home or recreational vehicle dealer, conversion	362
van dealer, secondhand dealer, or auction house;	363

(4) Submit evidence of the violation or violations to any	364
city prosecutor, city director of law, or prosecuting attorney	365
with authority to prosecute. If the city prosecutor, city	366
director of law, or prosecuting attorney with authority to	367
prosecute fails to prosecute, the superintendent shall submit the	368
evidence to the attorney general who may proceed with the	369
prosecution.	370

Sec. 3713.10. Sections 3713.01 to 3713.11, inclusive, of the	371
Revised CodeAll money collected under this chapter shall be	372
governed by and be in accordance with sections 119.01 to 119.13,	373
inclusive,deposited into the state treasury to the credit of the	374
industrial compliance operating fund created under section 121.084	375
of the Revised Code.	376

Sec. 3713.99.  (A) Whoever violates division (A), (B), or	377
(D) of section 3713.093713.02 of the Revised Code shall be fined	378
not less than twenty-five nor more than five hundred dollars or	379
imprisoned not more than six months, or bothis guilty of a	380
misdemeanor of the fourth degree.	381

(B) Whoever violates division (C) of section 3713.02 of the	382
Revised Code is guilty of a misdemeanor of the third degree.	383

Sec. 4104.01.  As used in sections 4104.01 to 4104.20 and	384
section 4104.99 of the Revised Code:	385

(A) "Board of building standards" or "board" means the board	386
established by section 3781.07 of the Revised Code.	387

(B) "Superintendent" means the office of superintendent of	388
the division of industrial compliance created by section 121.04 of	389
the Revised Code.	390

(C) "Boiler" means a closed vessel in which water is heated,	391
steam is generated, steam is superheated, or any combination	392
thereof, under pressure or vacuum for use externally to itself by	393
the direct application of heat from the combustion of fuels, or	394
from electricity or nuclear energy. "Boiler" includes fired units	395
for heating or vaporizing liquids other than water where these	396
units are separate from processing systems and are complete within	397
themselves.	398

(D) "Power boiler" means a boiler in which steam or other	399
vapor (to be used externally to itself) is generated at a pressure	400
of more than fifteen psig.	401

(E) "High pressure, high temperature water boiler" means a	402
water heating boiler operating at pressures exceeding one hundred	403
sixty psig or temperatures exceeding two hundred fifty degrees	404
Fahrenheit.	405

(F) "Low pressure boiler" means a steam boiler operating at	406
pressures not exceeding fifteen psig, or a hot water heating	407
boiler operating at pressures not exceeding one hundred sixty psig	408
or temperatures not exceeding two hundred fifty degrees	409
Fahrenheit.	410

(G) "Unfired pressure vessel" means a vessel in which	411
container for the containment of pressure, either internal or	412
external. This pressure ismay be obtained from an external	413
source or by the application of heat from ana direct or indirect	414
source or any combination thereof.	415

(H) "Process boiler" means a boiler to which all of the	416
following apply:	417

(1) The steam in the boiler is either generated or	418
superheated, or both, under pressure or vacuum for use external to	419
itself.	420

(2) The source of heat for the boiler is in part or in whole	421
from a process other than the boiler itself.	422

(3) The boiler is part of a continuous processing unit, such	423
as used in chemical manufacture or petroleum refining, other than	424
a steam-generated process unit.	425

(I) "Stationary steam engine" means an engine or turbine in	426
which the mechanical force arising from the elasticity and	427
expansion action of steam or from its property of rapid	428
condensation or from a combination of the two is made available as	429
a motive power.	430

Sec. 4104.02.  The board of building standards shall:

431

(A) Formulate rules for the construction, installation,	432
inspection, repair, conservation of energy, and operation of	433
boilers and the construction, inspection, and repair of unfired	434
pressure vessels and for ascertaining the safe working pressures	435
to be carried on such boilers and unfired pressure vessels and the	436
qualification of inspectors of boilers and unfired pressure	437
vessels;	438

(B) Prescribe tests, if it is considered necessary, to	439
ascertain the qualities of materials used in the construction of	440
boilers and unfired pressure vessels;	441

(C) Adopt rules regulating the construction and sizes of	442
safety valves for boilers and unfired pressure vessels of	443
different sizes and pressures, for the construction, use, and	444
location of fusible plugs, appliances for indicating the pressure	445
of steam and level of water in the boiler or unfired pressure	446
vessels, and such other appliances as the board considers	447
necessary to safety in operating boilers;	448

(D) Make a standard form of certificate of operation for	449
boilers;	450

(E) Establish reasonable fees for the performance of	451
reviews, surveys, or audits of manufacturer's facilities by the	452
division of industrial compliance for certification by the	453
American society of mechanical engineers and the national board of	454
boiler and pressure vessel inspectors.;	455

(E) The definitions and rules adopted by the board for the	456
construction, installation, inspection, repair, conservation of	457
energy, and operation of boilers and the construction, inspection,	458
and repair of unfired pressure vessels and for ascertaining the	459
safe working pressures to be used on such boilers and unfired	460
pressure vessels shall be based upon and follow generally accepted	461
engineering standards, formulae, and practices established and	462
pertaining to boilers and unfired pressure vessel construction,	463
operation, and safety, and the board may, for this purpose, adopt	464
existing published standards as well as amendments thereto	465
subsequently published by the same authority.	466

When a person desires to manufacture a special type of boiler	467
or unfired pressure vessel, the design of which is not covered by	468
the rules of the board, hethe person shall submit drawings and	469
specifications of such boiler or unfired pressure vessel to the	470
board for investigation, after which the board may permit its	471
installation.	472

The provisions of sections 119.03 and 119.11 of the Revised	473
Code in particular, and the applicable provisions of Chapter 119.	474
of the Revised Code in general, shall govern the proceedings of	475
the board of building standards in adopting, amending, or	476
rescinding rules pursuant to this section.	477

Sec. 4104.05. (A) No person shall operate a low pressure	478
boiler at more than thirty horsepower, unless one of the following	479
applies to that person:	480

(1) The person is licensed as a steam engineer, high	481
pressure boiler operator, or low pressure boiler operator in	482
accordance with section 4104.19 of the Revised Code.	483

(2) The person is working under the direct supervision of a	484
steam engineer, high pressure boiler operator, or low pressure	485
boiler operator.	486

(B) No person shall operate a power boiler at more than	487
thirty horsepower unless one of the following applies to that	488
person:	489

(1) The person is licensed as a steam engineer or high	490
pressure boiler operator in accordance with section 4104.19 of the	491
Revised Code.	492

(2) The person is working under the direct supervision of a	493
steam engineer or high pressure boiler operator.	494

(C) No person shall operate a stationary steam engine at	495
more than thirty horsepower unless one of the following applies to	496
that person:	497

(1) The person is licensed as a steam engineer in accordance	498
with section 4104.19 of the Revised Code.	499

(2) The person is working under the direct supervision of a	500
steam engineer.	501

Sec. 4104.06. (A) The inspection of boilers and their	502
appurtenances and unfired pressure vessels shall be made by the	503
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	504
Code, under the supervision of the. The superintendent of the	505
division of industrial compliance, and he shall administer and	506
enforce such sections and rules adopted by the board of building	507
standards pursuant to section 4104.02 of the Revised Code.	508

(B) The superintendent shall adopt, amend, and repeal rules	509
exclusively for the issuance, renewal, suspension, and revocation	510
of certificates of competency and certificates of operation, for	511
conducting hearings in accordance with Chapter 119. of the Revised	512
Code related to these actions, and for the inspection of boilers	513
and their appurtenances, and unfired pressure vessels.	514

(C) Notwithstanding division (B) of this section, the	515
superintendent shall not adopt rules relating to construction,	516
maintenance, or repair of boilers and their appurtenances, or	517
repair of unfired pressure vessels.	518

(D) The superintendent and each general inspector may enter	519
any premises and any building or room at all reasonable hours to	520
perform an examination or inspection.	521

Sec. 4104.07. (A) An application for examination as an	522
inspector of boilers and unfired pressure vessels shall be in	523
writing, accompanied by a fee of fifty dollars, upon a blank to be	524
furnished by the superintendent of the division of industrial	525
compliance. Any moneys collected under this section shall be paid	526
into the state treasury to the credit of the industrial compliance	527
operating fund created in section 121.084 of the Revised Code.	528

(B) The superintendent shall determine if an applicant meets	529
all the requirements for examination in accordance with rules	530
adopted by the board of building standards under section 4104.02	531
of the Revised Code. An application shall be rejected which	532
contains any willful falsification, or untruthful statements.	533

(C) An applicant shall be examined by the superintendent, by	534
a written examination, prescribed by the board, dealing with the	535
construction, installation, operation, maintenance, and repair of	536
boilers and unfired pressure vessels and their appurtenances, and	537
the applicant shall be accepted or rejected on the merits of his	538
the applicant's application and examination.	539

A rejected applicant is entitled, after the expiration of	540
ninety days and upon payment of an examination fee of fifty	541
dollars, to another examination.	542

(D) Upon a favorable report by the superintendent of the	543
result of an examination, the superintendent shall immediately	544
issue to the successful applicant a certificate of competency to	545
that effect.	546

Sec. 4104.08. (A) The director of commerce may appoint from	547
the holders of certificates of competency provided for in section	548
4104.07 of the Revised Code, general inspectors of boilers and	549
unfired pressure vessels.	550

(B) Any company authorized to insure boilers and unfired	551
pressure vessels against explosion in this state may designate	552
from holders of certificates of competency issued by the	553
superintendent of the division of industrial compliance, or	554
holders of certificates of competency or commissions issued by	555
other states or nations whose examinations for certificates or	556
commissions have been approved by the board of building standards,	557
persons to inspect and stamp boilers and unfired pressure vessels	558
covered by the company's policies, and the superintendent shall	559
issue to such persons commissions authorizing them to act as	560
special inspectors. Special inspectors shall be compensated by	561
the company designating them. The board	562

(C) The director of commerce shall establish an annual fee	563
to be charged by the superintendent for each certificate of	564
competency or commission the superintendent issues.	565

Any state or municipal corporation may designate from holders	566
of certificates of competency, issued by the superintendent,	567
persons to inspect and stamp boilers and unfired pressure vessels	568
during construction under such rules as may be adopted by the	569
board, provided the boiler or unfired pressure vessel conforms in	570
every detail with the rules.	571

(D) The superintendent shall issue to each of such	572
appointeesgeneral or special inspector a commission to the effect	573
that the holder thereof is authorized to inspect boilers and	574
unfired pressure vessels for thein this state.	575

(E) No person shall be authorized to act for the state,	576
either as a general inspector or a special inspector, who is	577
directly or indirectly interested in the manufacture or sale of	578
boilers or unfired pressure vessels.	579

Sec. 4104.09.  The certificate of competency issued under	580
section 4104.07 of the Revised Code or the commission provided for	581
in section 4104.08 of the Revised Code may be revoked by the	582
superintendent of the division of industrial compliance for the	583
incompetence or untrustworthiness of the holder thereof, or for	584
willful falsification of any matter or statement contained in his	585
the holder's application or in a report of any inspection. A	586
person whose commission is revoked may appeal in accordance with	587
section 119.12Chapter 119 of the Revised Code. If a certificate	588
or commission is lost or destroyed, a new certificate or	589
commission shall be issued in its place without another	590
examination.	591

All certificates of competency or commissions issued prior to	592
October 15, 1965, are valid unless revoked.	593

Sec. 4104.10.  All unfired pressure vessels, except unfired	594
pressure vessels exempt under section 4104.04 of the Revised Code,	595
shall be thoroughly inspected during fabrication and upon	596
completion by either a general or special inspector, and shall not	597
be operated until a copy of the manufacturers' data report,	598
properly executed and signed by the inspector is filed in the	599
office of the superintendent of the division of industrial	600
compliance. All unfired pressure vessels shall conform in every	601
detail with applicable rules adopted by the board of building	602
standards pursuant to section 4104.02 of the Revised Code.	603

Sec. 4104.101.  (A) Every contractorNo person shall be	604
registered with the division of industrial compliance before	605
installinginstall or makingmake major repairs or modifications	606
to any boiler without first registering to do so with the division	607
of industrial compliance.	608

(B) Every contractorNo person shall obtain a permit from the	609
division prior to making anmake any installation or major repair	610
or modification of any boiler without first obtaining a permit to	611
do so from the division. The permit application form shall	612
provide the name and address of the owner, location of the boiler,	613
and type of repair or modification that will be made. The	614
application permit fee shall be fifty dollars.	615

(C) The superintendent of the division of industrial	616
compliance shall require annual registration of all contractors	617
who install, make major repairs to, or modify any boiler. The	618
board of building standards shall establish a reasonable fee to	619
cover the cost of processing registrations.	620

Sec. 4104.14.  The owner or user of a boiler required by	621
sections 4104.01 to 4104.20, inclusive, of the Revised Code, to be	622
inspected shall, after due notice, prepare the boiler for internal	623
and external inspection at the appointed time, by drawing the	624
water from the boiler and removing the manhole and handhole plates	625
and thoroughly cleaning the boiler and its setting. The inspector	626
shall give such owner or user at least fourteen days' notice to	627
prepare the boiler for such inspection, but need not give notice	628
for inspection under operating conditions. The inspector, when	629
making inspections under operating conditions, shall observe the	630
pressure carried and the general condition of each boiler, and	631
ascertain if the safety valve and the appliances for indicating	632
the pressure and level of water in the boiler are in proper	633
working order. No person shall remove or tamper with any safety	634
appliances prescribed by the board of building standards, and no	635
person shall in any manner load the safety valve to a greater	636
pressure than that allowed by the certificate of operation. If in	637
the judgment of the inspector it is advisable to apply a	638
hydrostatic pressure test to the boiler, the owner or user shall	639
prepare the boiler for such test, and apply the test which shall	640
be witnessed by the inspector.	641

Sec. 4104.15. (A) All certificates of inspection for	642
boilers, issued prior to October 15, 1965, are valid and effective	643
for the period set forth in such certificates unless sooner	644
withdrawn by the superintendent of the division of industrial	645
compliance. The owner or user of any such boiler shall obtain an	646
appropriate certificate of operation for such boiler on or before	647
the expiration date of such certificate of inspection, and shall	648
not operate such boiler, or permit it to be operated after such	649
expiration date unless a certificate of operation has been	650
obtained in accordance with section 4104.17 of the Revised Code.	651

(B) If, upon making the internal and external inspection	652
required under sections 4104.11, 4104.12, and 4104.13 of the	653
Revised Code, the inspector finds the boiler to be in safe working	654
order, with the fittings necessary to safety, and properly set up,	655
upon histhe inspector's report to the superintendent, the	656
superintendent shall issue to the owner or user thereof, or renew,	657
upon application and upon compliance with sections 4104.17 and	658
4104.18 of the Revised Code, a certificate of operation which	659
shall state the maximum pressure at which the boiler may be	660
operated, as ascertained by the rules of the board of building	661
standards. Such certificates shall also state the name of the	662
owner or user, the location, size, and number of each boiler, and	663
the date of issuance, and shall be so placed as to be easily read	664
in the engine room or boiler room of the plant where the boiler is	665
located, except that the certificate of operation for a portable	666
boiler shall be kept on the premises and shall be accessible at	667
all times.	668

(C) If an inspector at any inspection finds that the boiler	669
or unfired pressure vessel is not in safe working condition, or is	670
not provided with the fittings necessary to safety, or if the	671
fittings are improperly arranged, hethe inspector shall	672
immediately notify the owner or user and person in charge of the	673
boiler and shall report the same to the superintendent who shall	674
withdraw or withhold suchmay revoke, suspend, or deny the	675
certificate of operation and not renew the same until the boiler	676
or unfired pressure vessel and its fittings are put in condition	677
to insure safety of operation, and the owner or user shall not	678
operate the boiler or unfired pressure vessel, or permit it to be	679
operated until such certificate has been granted or restored.	680

(D) If the superintendent or a general boiler inspector	681
finds that an unfired pressure vessel or boiler or a part thereof	682
poses an explosion hazard that reasonably can be regarded as	683
posing an imminent danger of death or serious physical harm to	684
persons, the superintendent or the general boiler inspector shall	685
seal the unfired pressure vessel or boiler and order, in writing,	686
the operator or owner of the unfired pressure vessel or boiler to	687
immediately cease the unfired pressure vessel's or boiler's	688
operation. The order shall be effective until the nonconformities	689
are eliminated, corrected, or otherwise remedied, or for a period	690
of seventy-two hours from the time of issuance, whichever occurs	691
first. During the seventy-two-hour period, the superintendent may	692
request that the prosecuting attorney or city attorney of Franklin	693
county or of the county in which the unfired pressure vessel or	694
boiler is located obtain an injunction restraining the operator or	695
owner of the unfired pressure vessel or boiler from continuing its	696
operation after the seventy-two-hour period expires until the	697
nonconformities are eliminated, corrected, or otherwise remedied.	698

(E) Each boiler which has been inspected shall be assigned a	699
number by the superintendent, which number shall be stamped on the	700
boiler except that in the event the boiler is of cast iron	701
construction such number may be stamped on a nonferrous metal tag	702
affixed to the boiler or its fittings by seal or otherwise. No	703
person except an inspector shall deface or remove any such number	704
or tag.	705

(F) If the owner or user of any unfired pressure vessel or	706
boiler disagrees with the inspector as to the necessity for	707
shutting down a unfired pressure vessel or boiler or for making	708
repairs or alterations in it, or taking any other measures for	709
safety that are requested by an inspector, the owner or user may	710
appeal from the decision of the inspector to the superintendent,	711
who may, after such other inspection by a general inspector or	712
special inspector as the superintendent deems necessary, decide	713
the issue.	714

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	715
nor an inspection or report by any inspector, shall relieve the	716
owner or user of a steaman unfired pressure vessel or boiler of	717
the duty of using due care himself in the inspection, operation,	718
and repair of the unfired pressure vessel or boiler or of any	719
liability for damages for his failure to inspect, repair, or	720
operate the unfired pressure vessel or boiler safely.	721

Sec. 4104.17.  Certificates of operation issued for boilers	722
subject to inspection under Chapter 4104. of the Revised Code	723
shall be issued and renewed in accordance with and at dates	724
prescribed by rules and regulations adopted by the board of	725
building standardssuperintendent of industrial compliance.	726

Sec. 4104.18.  (A) The owner or user of a boiler required	727
under section 4104.12 of the Revised Code to be inspected upon	728
installation, and the owner or user of a boiler for which a	729
certificate of inspection has been issued which is replaced with	730
an appropriate certificate of operation, shall pay to the	731
superintendent of the division of industrial compliance a fee in	732
the amount of thirty dollars for boilers subject to annual	733
inspections under section 4104.11 of the Revised Code, sixty	734
dollars for boilers subject to biennial inspection under section	735
4104.13 of the Revised Code, ninety dollars for boilers subject to	736
triennial inspection under section 4104.11 of the Revised Code, or	737
one hundred fifty dollars for boilers subject to quinquennial	738
inspection under section 4104.13 of the Revised Code before any	739
certificate of operation is issued.	740

A renewal fee in the amount of thirty dollars shall be paid	741
to the treasurer of state before the renewal of any certificate of	742
operation is renewed.	743

(B) The fee for complete inspection during construction by a	744
general inspector on boilers and unfired pressure vessels	745
manufactured within the state shall be thirty-five dollars per	746
hour. Boiler and unfired pressure vessel manufacturers other than	747
those located in the state may secure inspection by a general	748
inspector on work during construction, upon application to the	749
superintendent, and upon payment of a fee of thirty-five dollars	750
per hour, plus the necessary traveling and hotel expenses incurred	751
by the inspector.	752

(C) The application fee for applicants for steam engineer,	753
high pressure boiler operator, or low pressure boiler operator	754
licenses is fifty dollars. The fee for each original or renewal	755
steam engineer, high pressure boiler operator, or low pressure	756
boiler operator license is thirty-five dollars.	757

(D) The director of commerce, subject to the approval of the	758
controlling board, may establish fees in excess of the fees	759
provided in divisions (A) and, (B), and (C) of this section,	760
provided that such fees do not exceed the amounts established in	761
this section by more than fifty per cent. Any moneys collected	762
under this section shall be paid into the state treasury to the	763
credit of the industrial compliance operating fund created in	764
section 121.084 of the Revised Code.	765

(D)(E) Any person who fails to pay an invoiced renewal fee	766
or an invoiced inspection fee required for any inspection	767
conducted by the division of industrial compliance pursuant to	768
this chapter within forty-five days after the inspection is	769
conductedof the invoice date shall pay a late payment fee equal	770
to twenty-five per cent of the inspectioninvoiced fee.	771

(E)(F) In addition to the fees assessed in divisions (A) and	772
(B) of this section, the board of building standards shall assess	773
the owner or user a fee of three dollars and twenty-five cents for	774
each certificate of operation or renewal thereof issued under	775
division (A) of this section and for each inspection conducted	776
under division (B) of this section. The board shall adopt rules,	777
in accordance with Chapter 119. of the Revised Code, specifying	778
the manner by which the superintendent shall collect and remit to	779
the board the fees assessed under this division and requiring that	780
remittance of the fees be made at least quarterly.	781

Sec. 4104.19. (A) Any person seeking a license to operate as	782
a steam engineer, high pressure boiler operator, or low pressure	783
boiler operator shall file a written application of industrial	784
compliance with the superintendent on a form prescribed by the	785
superintendent with the appropriate application fee as set forth	786
in section 4104.18 of the Revised Code. The application shall	787
contain information satisfactory to the superintendent to	788
demonstrate that the applicant meets the requirements of division	789
(B) of this section. The application shall be filed with the	790
superintendent not more than sixty days and not less than thirty	791
days before the license examination is offered.	792

(B) To qualify to take the examination required to obtain a	793
steam engineer, high pressure boiler operator, or low pressure	794
boiler operator license, a person shall meet both of the following	795
requirements:	796

(1) Be at least eighteen years of age;

797

(2) Have one year of experience in the operation of steam	798
engines, high pressure boilers, or low pressure boilers as	799
applicable to the type of license being sought, or a combination	800
of experience and education for the type of license sought as	801
determined to be acceptable by the superintendent.	802

(C) No applicant shall qualify to take an examination or to	803
renew a license if the applicant has violated this chapter or if	804
the applicant has obtained or renewed a license issued under this	805
chapter by fraud, misrepresentation, or deception.	806

(D) The superintendent shall issue a license to each	807
applicant who receives a passing score on the examination, as	808
determined by the superintendent, for the license for which the	809
applicant applied.	810

(E) The superintendent shall select and contract with one or	811
more persons to do all of the following relative to the	812
examinations for a license to operate as a steam engineer, high	813
pressure boiler operator, or low pressure boiler operator:	814

(1) Prepare, administer, score, and maintain the	815
confidentiality of the examination;	816

(2) Maintain responsibility for all expenses required to	817
fulfill division (E)(1) of this section;	818

(3) Charge each applicant a fee for administering the	819
examination, in an amount authorized by the superintendent;	820

(4) Design the examination for each type of license to	821
determine an applicant's competence to operate the equipment for	822
which the applicant is seeking licensure.	823

(F) Each license issued under this chapter expires one year	824
after the date of issue. Each person holding a valid, unexpired	825
license may renew the license, without reexamination, by applying	826
to the superintendent not more than ninety days before the	827
expiration of the license, and submitting with the application the	828
renewal fee established in section 4104.18 of the Revised Code.	829
Upon receipt of the renewal information and fee, the	830
superintendent shall issue the licensee a certificate of renewal.	831

(G) The superintendent, in accordance with Chapter 119. of	832
the Revised Code, may suspend or revoke any license, or may refuse	833
to issue a license under this chapter upon finding that a licensee	834
or an applicant for a license has violated or is violating the	835
requirements of this chapter.	836

Sec. 4104.21.  On receipt of a notice pursuant to section	837
3123.43 of the Revised Code, the chief of the division of boiler	838
inspectionsuperintendent of industrial compliance shall comply	839
with sections 3123.41 to 3123.50 of the Revised Code and any	840
applicable rules adopted under section 3123.63 of the Revised Code	841
with respect to a certificate or license issued pursuant to this	842
chapter.	843

Sec. 4104.99.  (A) Whoever violates section 4104.20 of the	844
Revised Code shall be fined not less than twenty nor more than	845
five hundred dollarsis guilty of a misdemeanor of the third	846
degree.	847

(B) Whoever violates division (A) or (B) of section 4104.101	848
of the Revised Code shall be fined not more than five hundred	849
dollarsis guilty of a misdemeanor of the third degree.	850

(C) Whoever violates section 4104.46 of the Revised Code	851
shall be fined not less than fifty nor more than one thousand	852
dollars for a first offense; for each subsequent offense such	853
person shall be fined not less than one hundred nor more than five	854
thousand dollars.	855

Sec. 4105.01.  As used in this chapter:

856

(A) "Elevator" means a hoisting and lowering apparatus	857
equipped with a car, cage, or platform which moves on or between	858
permanent rails or guides and serves two or more fixed landings in	859
a building or structure to which section 3781.06 of the Revised	860
Code applies. "Elevator" includes dumb-waiters other than	861
hand-powered dumb-waiters, escalators, manlifts, moving walks, of	862
the endless belt type, other lifting or lowering apparatus	863
permanently installed on or between rails or guides, and all	864
equipment, machinery, and construction related to any elevator;	865
but does not include construction hoists and other similar	866
temporary lifting or lowering apparatuses, ski lifts, traveling,	867
portable amusement rides or devices that are not affixed to a	868
permanent foundation, or nonportable amusement rides or devices	869
that are affixed to a permanent foundation.	870

(B) "Passenger elevator" means an elevator that is designed	871
to carry persons to its contract capacity.	872

(C) "Freight elevator" means an elevator normally used for	873
carrying freight and on which only the operator and employees in	874
the pursuit of their duties, by the permission of the employer,	875
are allowed to ride.	876

(D) "Gravity elevator" means an elevator utilizing gravity	877
to move.	878

(E) "General inspector" means a state inspector examined and	879
hired to inspect elevators and lifting apparatus for that state.	880

(F) "Special inspector" means an inspector examined and	881
commissioned by the superintendent of the division of industrial	882
compliance to inspect elevators and lifting apparatus in the	883
state.	884

(G) "Inspector" means either a general or special inspector.

885

Sec. 4105.10. (A) Every passenger elevator, escalator,	886
moving walk, and freight elevator, including gravity elevators,	887
shall be inspected oncetwice every sixtwelve months. Power	888

(B) Power dumb-waiters, hoists, and other lifting or	889
lowering apparatus, not designed to carry persons, permanently	890
installed, either on or between rails or guides, shall be	891
inspected at least once every twelve months.	892

(C) The board of building standards may designate by rule,	893
classifications of passenger elevators with a capacity of seven	894
hundred fifty pounds or less that shall be inspected once every	895
twelve months.	896

Sec. 4105.16.  Before any new installation of an elevator of	897
permanent nature shall beis erected or before any existing	898
elevator is removed to and installed in a different location, an	899
application of specifications in duplicate shall be submitted to	900
the division of industrial compliance giving such information	901
concerning the construction, installation, and operation of said	902
elevator as the division may require on forms to be furnished by	903
the division, together with complete construction plans in	904
duplicate. In all cases where any changes or repairs are made	905
which alter its construction of classification, grade or rated	906
lifting capacity, except when made pursuant to a report of an	907
inspector, an application of specifications in duplicate shall be	908
submitted to the division, containing such information, or	909
approval, except in those municipal corporations which maintain	910
their own elevator inspection departments, in which event such	911
specifications shall be submitted to the elevator department of	912
the municipal corporation for its approval, and if approved, a	913
permit for the erection or repair of such elevator shall be issued	914
by the municipal corporation. Upon approval of such application	915
and construction plans, the superintendent of the division of	916
industrial compliance shall issue a permit for the erection or	917
repair of such elevator. No new elevator shall be operated until	918
completion in accordance with the approved plans and	919
specifications, unless a temporary permit is granted by the	920
division.	921

The final inspection, before operation, of a permanent, new	922
or repaired elevator shall be classed as a special inspection.	923
Such final inspection shall be made by a general inspector, but	924
the superintendent may designateor a special inspector of a	925
municipal corporation to make such final inspection of any	926
permanent elevator located in his municipal corporationdesignated	927
by the superintendent.	928

Sec. 4105.17.  (A) The fee for anyeach inspection, or	929
attempted inspection that, due to no fault of a general inspector	930
or the division of industrial compliance, is not successfully	931
completed, by a general inspector before the operation of a	932
permanent new elevator prior to the issuance of a certificate of	933
operation, before operation of an elevator being put back into	934
service after a repair, or as a result of the operation of section	935
4105.08 of the Revised Code and is an elevator required to be	936
inspected under this chapter is thirtytwenty dollars plus five	937
ten dollars for each floor where the elevator stops. The	938
superintendent of the division of industrial compliance may assess	939
aan additional fee of one hundred twenty-five dollars plus five	940
dollars for each floor where an elevator stops for the	941
reinspection of an elevator when a previous attempt to inspect	942
that elevator has been unsuccessful through no fault of a general	943
inspector or the division of industrial compliance. The	944

(B) The fee for each inspection, or attempted inspection,	945
that due to no fault of the general inspector or the division of	946
industrial compliance, is not successfully completed by a general	947
inspector before operation of a permanent new escalator or moving	948
walk prior to the issuance of a certificate of operation, before	949
operation of an escalator or moving walk being put back in service	950
after a repair, or as a result of the operation of section 4105.08	951
of the Revised Code is three hundred dollars. The superintendent	952
of the division of industrial compliance may assess an additional	953
fee of one hundred fifty dollars for the reinspection of an	954
escalator or moving walk when a previous attempt to inspect that	955
escalator or moving walk has been unsuccessful through no fault of	956
the general inspector or the division of industrial compliance.	957

(C) The fee for issuing or renewing a certificate of	958
operation under section 4105.15 of the Revised Code for an	959
elevator that is inspected every six months in accordance with	960
division (A) of section 4105.10 of the Revised Code is thirty-five	961
one hundred five dollars plus ten dollars for each floor where the	962
elevator stops, except where the elevator has been inspected by a	963
special inspector in accordance with section 4105.07 of the	964
Revised Code.	965

(D) The fee for issuing or renewing a certificate of	966
operation under section 4105.05 of the Revised Code for an	967
elevator that is inspected every twelve months in accordance with	968
division (A) of section 4105.10 of the Revised Code is fifty-five	969
dollars plus ten dollars for each floor where the elevator stops,	970
except where the elevator has been inspected by a special	971
inspector in accordance with 4105.07 of the Revised Code.	972

(E) The fee for issuing or renewing a certificate of	973
operation under section 4105.15 of the Revised Code for an	974
escalator or moving walk is three hundred dollars, except where	975
the escalator or moving walk has been inspected by a special	976
inspector in accordance section 4105.07 of the Revised Code.	977

(B)(F) All other fees to be charged for any examination	978
given or other service performed by the division of industrial	979
compliance pursuant to this chapter shall be prescribed by the	980
board of building standards established by section 3781.07 of the	981
Revised Codedirector of commerce. The fees shall be reasonably	982
related to the costs of such examination or other service.	983

(C)(G) The board of building standardsdirector of commerce,	984
subject to the approval of the controlling board, may establish	985
fees in excess of the fees provided in divisiondivisions (A) and	986
(B) of this section, provided that the fees do not exceed the	987
amounts established in divisiondivisions (A) and (B) of this	988
section by more than fifty per cent. Any moneys collected under	989
this section shall be paid into the state treasury to the credit	990
of the industrial compliance operating fund created in section	991
121.084 of the Revised Code.	992

(D)(H) Any person who fails to pay an inspection fee	993
required for any inspection conducted by the division pursuant to	994
this chapter within forty-five days after the inspection is	995
conducted shall pay a late payment fee equal to twenty-five per	996
cent of the inspection fee.	997

(E)(I) In addition to the feefees assessed in division	998
divisions (A), (B), (C), and (D) of this section, the board of	999
building standards shall assess a fee of three dollars and	1000
twenty-five cents for each certificate of operation or renewal	1001
thereof issued under division (A) of this section and for each	1002
permit issued under section 4105.16 of the Revised Code. The	1003
board shall adopt rules, in accordance with Chapter 119. of the	1004
Revised Code, specifying the manner by which the superintendent of	1005
the division of industrial compliance shall collect and remit to	1006
the board the fees assessed under this division and requiring that	1007
remittance of the fees be made at least quarterly.	1008

(J) For purposes of this section:

1009

(1) "Escalator" means a power driven, inclined, continuous	1010
stairway used for raising or lowering passengers.	1011

(2) "Moving walk" means a passenger carrying device on	1012
which passengers stand or walk, with a passenger carrying surface	1013
that is uninterrupted and remains parallel to its direction of	1014
motion.	1015

Section 2. That existing sections 121.084, 3713.01, 3713.04,	1016
3713.10, 3713.99, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08,	1017
4104.09, 4104.10, 4104.101, 4104.14, 4104.15, 4104.17, 4104.18,	1018
4104.21, 4104.99, 4105.01, 4105.10, 4105.16, and 4105.17 and	1019
sections 3713.02, 3713.03, 3713.05, 3713.051, 3713.06, 3713.07,	1020
3713.08, 3713.09, 3713.11, 4739.01, 4739.02, 4739.03, 4739.04,	1021
4739.05, 4739.06, 4739.07, 4739.08, 4739.09, 4739.10, 4739.11,	1022
4739.12, 4739.13, 4739.14, 4739.15, 4739.16, and 4739.99 of the	1023
Revised Code are hereby repealed.	1024