SENATORS Hagan, Spada

To amend sections 121.084, 3713.01, 3713.04, 3713.10,

1

3713.99, 4104.01, 4104.02, 4104.04, 4104.06 to

2

4104.10, 4104.101, 4104.14, 4104.15, 4104.17,

3

4104.18, 4104.21, 4104.99, 4105.01, 4105.10,

4

4105.16, and 4105.17, to enact new sections

5

3713.02, 3713.03, 3713.05, 3713.06, 3713.07,

6

3713.08, and 3713.09 and sections 4104.05 and

7

4104.19, and to repeal sections 3713.02, 3713.03,

8

3713.05, 3713.051, 3713.06, 3713.07, 3713.08,

9

3713.09, 3713.11, 4739.01, 4739.02, 4739.03,

10

4739.04, 4739.05, 4739.06, 4739.07, 4739.08,

11

4739.09, 4739.10, 4739.11, 4739.12, 4739.13,

12

4739.14, 4739.15, 4739.16, and 4739.99 of the

13

Revised Code to modify the laws administered and

14

enforced by the Division of Industrial Compliance

15

governing elevators, boilers, bedding, and stuffed

16

toys.

17

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

Section 1. That sections 121.084, 3713.01, 3713.04, 3713.10,	18
3713.99, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07, 4104.08,	19
4104.09, 4104.10, 4104.101, 4104.14, 4104.15, 4104.17, 4104.18,	20
4104.21, 4104.99, 4105.01, 4105.10, 4105.16, and 4105.17 be	21
amended and new sections 3713.02, 3713.03, 3713.05, 3713.06,	22
3713.07, 3713.08, and 3713.09 and sections 4104.05 and 4104.19 of	23
the Revised Code be enacted to read as follows:	24

Sec. 121.084.  (A) All moneys collected under sections	25
1333.96, 3713.02, 3713.06, 3713.07, 3713.09, 3783.05, 3791.07,	26
4104.07, 4104.18, 4104.42, 4104.44, 4104.45, 4105.17, 4105.20,	27
4169.03, 4171.04, 4739.14, and 5104.051 of the Revised Code, and	28
any other moneys collected by the division of industrial	29
compliance shall be paid into the state treasury to the credit of	30
the industrial compliance operating fund, which is hereby created.	31
The department of commerce shall use the moneys in the fund for	32
paying the operating expenses of the division and the	33
administrative assessment described in division (B) of this	34
section.	35

(B) The director of commerce, with the approval of the	36
director of budget and management, shall prescribe procedures for	37
assessing the industrial compliance operating fund a proportionate	38
share of the administrative costs of the department of commerce.	39
The assessment shall be made in accordance with those procedures	40
and be paid from the industrial compliance operating fund to the	41
division of administration fund created in section 121.08 of the	42
Revised Code.	43

Sec. 3713.01.  As used in sections 3713.01 to 3713.11,	44
inclusive,3713.10 of the Revised Code:	45

(A) "Person" has the same meaning as used in division (C) of	46
section 1.59 of the Revised Code and also means an individual,	47
group of individuals, partnership, corporationany limited	48
company, limited liability partnership, joint stock company, or	49
other association.	50

(B) "Bedding" means any upholstered furniture filled with	51
material, any mattress, upholstered spring, comforter, bolster,	52
pad, cushion, pillow, mattress protector, quilt, and any other	53
upholstered article, to be used for sleeping, resting, or	54
reclining purposes, and any glider, hammock, or other	55
substantially similar article whichthat is wholly or partly	56
upholstered.	57

(C) "Material" means any article, substance, or portions	58
thereof used in the manufacture, repair, or renovation of bedding	59
or stuffed toys.	60

(D) "New material" means any material which has not been	61
used in the manufacture of another article, or used for any other	62
purpose, and includes by-products of machines at mills using only	63
new raw material.	64

(E) "Secondhand material" means any material which is not	65
"new."	66

(F) "Shredded clippings" means any material which has been	67
spun into yarn, knit or woven in fabric and subsequently cut up,	68
torn up, broken up, ground up or otherwise defabricated and shall	69
be so designated on a bedding or upholstered furniture label only	70
as "shredded clippings."	71

(G) "Secondhand articles of bedding" means any article, or	72
material, or portion thereof of bedding which has been put to	73
bodilyprior use by, on, or about any person or animal and is sold	74
or offered for sale "as ishas been made in any manner	75
whatsoever."	76

(H)(D) "Remade, repaired, or renovated articles of bedding	77
not for sale" means any article of bedding that is remade,	78
repaired, or renovated for and is returned to the owner for his	79
the owner's own use.	80

(I)(E) "Sale," "sell," or "sold" shall, in the corresponding	81
tense, mean sell, offer to sell, or deliver or consign in sale, or	82
possess with intent to sell, or deliver in sale.	83

(J)(F) "Upholstered furniture" means any article of	84
furniture wholly or partly stuffed or filled with material and	85
whichthat is used or intended for use for sitting, resting, or	86
reclining purposes.	87

(K)(G) "Stuffed toy" means any article intended for use by	88
children, as a plaything, whichor for an educational or	89
recreational purpose that is wholly or partially stuffed with	90
material.	91

(L) "Plaything" means any manufactured item for the	92
educational or recreational use of children, or the equivalent	93
thereof.	94

(H) "Tag" or "label" means any material prescribed by the	95
superintendent of industrial compliance to be attached to an	96
article that contains information required under this chapter.	97

Sec. 3713.02. (A) Except as provided in section 3713.05 of	98
the Revised Code, no person shall import, manufacture, renovate,	99
wholesale, or reupholster stuffed toys or articles of bedding in	100
this state without first registering to do so with the	101
superintendent of industrial compliance in accordance with section	102
3713.05 of the Revised Code.	103

(B) No person shall manufacture, offer for sale, sell,	104
deliver, or possess for the purpose of manufacturing, selling, or	105
delivering, an article of bedding or a stuffed toy that is not	106
labeled in accordance with section 3713.08 of the Revised Code.	107

(C) No person shall manufacture, offer for sale, sell,	108
deliver, or possess for the purpose of manufacturing, selling, or	109
delivering, an article of bedding or a stuffed toy that is falsely	110
labeled.	111

(D) No person shall sell or offer for sale any secondhand	112
article of bedding or any secondhand stuffed toy that has not been	113
sanitized in accordance with section 3713.08 of the Revised Code.	114

(E) The possession of any article of bedding or stuffed toy	115
in the course of business by a person required to obtain	116
registration under this chapter, or by that person's agent or	117
servant shall be prima-facie evidence of the person's intent to	118
sell the article of bedding or stuffed toy.	119

Sec. 3713.03. The superintendent of industrial compliance in	120
the department of commerce shall administer and enforce this	121
chapter.	122

Sec. 3713.04. The director of commerce(A) In accordance	123
with Chapter 119. of the Revised Code, the superintendent of	124
industrial compliance shall:	125

(A)(1) Adopt rules pertaining to the definition, name, and	126
description of materials necessary to carry out this chapter;	127

(B) Make recommendations to the director of administrative	128
services relative to the qualifications and duties of the	129
inspectors provided for in this chapter;	130

(C)(2) Determine the testing standards, fees, and charges to	131
be paid for making any test or analysis required pursuant to	132
section 3713.08 of the Revised Code.	133

(B) In accordance with Chapter 119. of the Revised Code, the	134
superintendent may adopt rules regarding the following:	135

(1) Establishing an initial application fee or an annual	136
registration renewal fee not more than fifty per cent higher than	137
the fees set forth in section 4713.05 of the Revised Code;	138

(2) Establishing standards, on a reciprocal basis, for the	139
acceptance of labels and laboratory analyses from other states	140
where the labeling requirements and laboratory analysis standards	141
are substantially equal to the requirements of this state,	142
provided the other state extends similar reciprocity to labels and	143
laboratory analysis conducted under this chapter;	144

(3) Any other rules necessary to administer and carry out	145
this chapter.	146

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

147

(1) Issue administrative orders, conduct hearings, and take	148
all actions necessary under the authority of Chapter 119. of the	149
Revised Code for the administration of this chapter. The	150
authority granted under this division shall include the authority	151
to suspend, revoke, or deny registration under this chapter.	152

(2) Establish and maintain facilities within the department	153
of commerce to make tests and analysis of materials used in the	154
manufacture of bedding and stuffed toys. The superintendent also	155
may designate established laboratories in various sections of the	156
state that are qualified to make these tests. If the	157
superintendent exercises this authority, the superintendent shall	158
adopt rules to determine the fees and charges to be paid for	159
making the tests or analyses authorized under this section.	160

(3) Exercise such other powers and duties as are necessary	161
to carry out the purpose and intent of this chapter.	162

If there is practical difficulty or undue hardship in	163
carrying out this chapter or any rule adopted by the director, the	164
director may make a variation of such rule if the spirit of such	165
rule is being observed.	166

The director may subsequently approve, amend, modify, or	167
rescind the rule governing the condition requiring the variation.	168

Sec. 3713.05. (A) Applications to register to import,	169
manufacture, renovate, wholesale, make, or reupholster stuffed	170
toys or bedding in this state shall be made in writing on forms	171
provided by the superintendent of industrial compliance. The	172
application shall be accompanied by a registration fee of fifty	173
dollars per person unless the applicant engages only in	174
renovation, in which case the registration fee shall be	175
thirty-five dollars.	176

(B) Upon receipt of the application and the appropriate fee,	177
the superintendent shall register the applicant and assign a	178
registration number to the registrant.	179

(C) Notwithstanding section 3713.02 of the Revised Code and	180
division (A) of this section, the following are exempt from	181
registration:	182

(1) An organization described in section 501(c)(3) of the	183
"Internal Revenue Code of 1986," and exempt from income tax under	184
section 501(a) of that code and that is operated exclusively to	185
provide recreation or social services;	186

(2) A person who is not regularly engaged in the business of	187
manufacturing, making, wholesaling, or importing stuffed toys but	188
who manufactures or makes stuffed toys as a leisure pursuit and	189
who sells one hundred or fewer stuffed toys within one calendar	190
year;	191

(3) A person who is not regularly engaged in the business of	192
manufacturing, making, wholesaling, or importing quilts,	193
comforters, pillows, or cushions, but who manufactures or makes	194
these items as a leisure pursuit and who sells five or fewer	195
quilts, ten or fewer comforters, or twenty or fewer pillows or	196
cushions within one calendar year.	197

(D) Notwithstanding division (C)(2) or (3) of this section,	198
a person exempt under that division must attach a label to each	199
stuffed toy that contains all of the following information:	200

(1) The person's name and address;

201

(2) A statement that the person is not registered by the	202
state of Ohio;	203

(3) A statement that the contents of the product have not	204
been inspected.	205

Sec. 3713.06. (A) Any person required to register under	206
division (A) of section 3713.02 of the Revised Code who imports	207
bedding or stuffed toys into this state for retail sale or use in	208
this state and any person required to register under division (A)	209
of section 3713.02 of the Revised Code who manufactures bedding or	210
stuffed toys in this state for retail sale or use in this state	211
shall submit a report to the superintendent of industrial	212
compliance, in a form and manner prescribed by the superintendent.	213
The form shall be submitted once every six months and shall show	214
the total number of items of bedding or stuffed toys imported into	215
this state or manufactured in this state. Each report shall be	216
accompanied by a fee of four cents for each item of bedding or	217
stuffed toy imported into this state or manufactured in this	218
state.	219

(B) Every importer, manufacturer, or wholesaler of stuffed	220
toys or articles of bedding, and every mobile home and	221
recreational vehicle dealer, conversion van dealer, secondhand	222
dealer, and auction house shall retain records, designated by the	223
superintendent in rule, for the time period established in rule.	224

(C) Every importer, manufacturer, or wholesaler of stuffed	225
toys or articles of bedding, and every mobile home and	226
recreational vehicle dealer, conversion van dealer, secondhand	227
dealer, and auction house shall make sufficient investigation of	228
its records to ensure that the information reported to the	229
superintendent under division (A) of this section is accurate.	230

Sec. 3713.07. (A) Registration obtained under this chapter	231
expires annually on the last day of the month in the month that	232
the registration was obtained. The superintendent of industrial	233
compliance shall renew the registration in accordance with Chapter	234
4745. of the Revised Code.	235

(B) Failure on the part of any registrant to renew	236
registration prior to its expiration, when notified as required in	237
this section, shall not deprive the person of the right to renewal	238
within the ninety days that follow expiration, but the fee to be	239
paid for renewal after its expiration shall be one hundred dollars	240
plus the standard registration fee for the registrant.	241

(C) If a registrant fails to renew registration within ninety	242
days of the date that it expired, the former registrant shall	243
comply with the registration requirements under section 3713.05 of	244
the Revised Code to obtain valid registration.	245

Sec. 3713.08. (A) All persons required to register under	246
division (A) of section 3713.02 of the Revised Code manufacturing,	247
making, or wholesaling bedding or stuffed toys, or both, that are	248
sold or offered for sale shall have the material content of their	249
products tested and analyzed at an established laboratory	250
designated by the superintendent of industrial compliance before	251
the bedding or stuffed toys are sold or offered for sale.	252

(B) Every stuffed toy or item of bedding sold or offered for	253
sale shall have a label affixed to it that reports the contents of	254
the stuffed toy or bedding material in conformity with	255
requirements established by the superintendent, a registration	256
number, and any other identifying information as required by the	257
superintendent.	258

(C) The seller of any secondhand articles of bedding or	259
stuffed toys shall sanitize all items in accordance with rules	260
established by the superintendent prior to the sale of or the	261
offering for sale of any secondhand articles.	262

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

263

(1) Persons who meet the qualifications of division (C)(2)	264
or (3) of section 3713.05 of the Revised Code;	265

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

266

(3) The sale of furniture from the home of the owner	267
directly to the purchaser.	268

Sec. 3713.09. (A) The superintendent of industrial	269
compliance may appoint inspectors and periodically inspect and	270
investigate any establishment where bedding or stuffed toys are	271
manufactured, made, remade, renovated, repaired, sanitized, sold,	272
or offered for sale, or where previously used material is	273
processed for use in the manufacture of bedding or stuffed toys.	274

(1) Each inspector shall make a written report to the	275
superintendent of each examination and inspection complete with	276
the inspector's findings and recommendations. Inspectors may	277
place "off sale" any article of bedding or stuffed toy offered for	278
sale, or found in the possession of any person with the intent to	279
sell, in violation of section 3713.02 of the Revised Code.	280
Inspectors shall perform other duties related to inspection and	281
examination as prescribed by the superintendent.	282

(2) When articles are placed "off sale" under division (A)(1)	283
of this section, they shall be tagged, and the tag shall not be	284
removed except by an authorized representative of the division of	285
industrial compliance after the violator demonstrates to the	286
satisfaction of the superintendent proof of compliance with the	287
requirements of section 3713.08 of the Revised Code.	288

(B)(1) When an inspector has cause to believe that any	289
bedding or stuffed toy is not tagged or labeled in accordance with	290
section 3713.08 of the Revised Code, the inspector may open any	291
seam of the bedding or stuffed toy in question to examine the	292
material used or contained within it and take a reasonable amount	293
of the material for testing and analysis and, if necessary,	294
examine any and all purchase records in order to determine the	295
contents or the kind of material used in the bedding or stuffed	296
toy in question. An inspector may seize and hold evidence of any	297
article of bedding, stuffed toy, or material manufactured, made,	298
possessed, renovated, remade, or repaired, sold, or offered for	299
sale contrary to this chapter.	300

(2) Immediately after seizing articles believed to be in	301
violation of this chapter, the inspector immediately shall report	302
the seizure to the superintendent. The superintendent shall hold	303
a hearing in accordance with Chapter 119. of the Revised Code or	304
make a ruling in the matter. If the superintendent finds that the	305
article of bedding, stuffed toy, or material is not in violation	306
of this chapter, the superintendent shall order the item or items	307
returned to the owner. If the superintendent finds a violation of	308
this chapter, the superintendent may do either of the following:	309

(a) Return the articles to the owner for proper treatment,	310
tagging or labeling, or other action as ordered by the	311
superintendent, subject to the requirement that the articles be	312
reinspected at cost to the owner, prior to being sold or offered	313
for sale;	314

(b) Report the violation to the appropriate prosecuting	315
attorney or city law director.	316

(C) The superintendent, at reasonable times and upon	317
reasonable notice, may examine or cause to be examined the records	318
of any importer, manufacturer, or wholesaler of stuffed toys or	319
articles of bedding, mobile home and recreational vehicle dealer,	320
conversion van dealer, secondhand dealer, or auction house to	321
determine compliance with this chapter. The superintendent may	322
enter into contracts, pursuant to procedures prescribed by the	323
superintendent, with persons to examine these records to determine	324
compliance with this chapter. These persons may collect and remit	325
to the superintendent any amounts due under this chapter.	326

(D) Records audited pursuant to division (C) of this section	327
are confidential and shall not be disclosed except as required by	328
section 149.43 of the Revised Code, or as the superintendent finds	329
necessary for the proper administration of this chapter.	330

(E) In the case of any investigation or examination, or both,	331
that requires investigation or examination outside of this state	332
of any importer, manufacturer, or wholesaler of stuffed toys or	333
articles of bedding, or of any mobile home or recreational vehicle	334
dealer, conversion van dealer, secondhand dealer, or auction	335
house, the superintendent may require the investigated or examined	336
person to pay the actual expense of the investigation or	337
examination. The superintendent shall provide an itemized	338
statement of actual expenses to the investigated or examined	339
person.	340

(F) Whenever the superintendent has reason to believe, from	341
the superintendent's own information, upon complaint, or	342
otherwise, that any person has engaged in, is engaging in, or is	343
about to engage in any practice prohibited by this chapter, or	344
when the superintendent has reason to believe that it is necessary	345
for public health and safety, the superintendent may do any of the	346
following:	347

(1) Investigate violations of this chapter, and for that	348
purpose, may subpoena witnesses in connection with the	349
investigation. The superintendent may make application to the	350
appropriate court of common pleas for an order enjoining the	351
violation of this chapter, and upon a showing by the	352
superintendent that any registrant or person acting in a manner	353
that requires registration has violated or is about to violate	354
this chapter, an injunction, restraining order, or other order as	355
may be appropriate shall be granted by the court.	356

(2) Compel by subpoena the attendance of witnesses to testify	357
in relation to any matter over which the superintendent has	358
jurisdiction and that is the subject of inquiry and investigation	359
by the superintendent, and require the production of any book,	360
paper, or document pertaining to the matter. In case any person	361
fails to file any statement or report, obey any subpoena, give	362
testimony, or produce any books, records, or papers as required by	363
a subpoena, the court of common pleas of any county in the state,	364
upon application made to it by the superintendent, shall compel	365
obedience by attachment proceedings for contempt.	366

(3) Suspend or revoke the registration of any importer,	367
manufacturer, or wholesaler of stuffed toys or articles of	368
bedding, mobile home or recreational vehicle dealer, conversion	369
van dealer, secondhand dealer, or auction house;	370

(4) Submit evidence of the violation or violations to any	371
city prosecutor, city director of law, or prosecuting attorney	372
with authority to prosecute. If the city prosecutor, city	373
director of law, or prosecuting attorney with authority to	374
prosecute fails to prosecute, the superintendent shall submit the	375
evidence to the attorney general who may proceed with the	376
prosecution.	377

Sec. 3713.10. Sections 3713.01 to 3713.11, inclusive, of the	378
Revised CodeAll money collected under this chapter shall be	379
governed by and be in accordance with sections 119.01 to 119.13,	380
inclusive,deposited into the state treasury to the credit of the	381
industrial compliance operating fund created under section 121.084	382
of the Revised Code.	383

Sec. 3713.99.  (A) Whoever violates division (A), (B), or	384
(D) of section 3713.093713.02 of the Revised Code shall be fined	385
not less than twenty-five nor more than five hundred dollars or	386
imprisoned not more than six months, or bothis guilty of a	387
misdemeanor of the fourth degree.	388

(B) Whoever violates division (C) of section 3713.02 of the	389
Revised Code is guilty of a misdemeanor of the third degree.	390

Sec. 4104.01.  As used in sections 4104.01 to 4104.20 and	391
section 4104.99 of the Revised Code:	392

(A) "Board of building standards" or "board" means the board	393
established by section 3781.07 of the Revised Code.	394

(B) "Superintendent" means the office of superintendent of	395
the division of industrial compliance created by section 121.04 of	396
the Revised Code.	397

(C) "Boiler" means a closed vessel in which water is heated,	398
steam is generated, steam is superheated, or any combination	399
thereof, under pressure or vacuum for use externally to itself by	400
the direct application of heat from the combustion of fuels, or	401
from electricity or nuclear energy. "Boiler" includes fired units	402
for heating or vaporizing liquids other than water where these	403
units are separate from processing systems and are complete within	404
themselves.	405

(D) "Power boiler" means a boiler in which steam or other	406
vapor (to be used externally to itself) is generated at a pressure	407
of more than fifteen psig.	408

(E) "High pressure, high temperature water boiler" means a	409
water heating boiler operating at pressures exceeding one hundred	410
sixty psig or temperatures exceeding two hundred fifty degrees	411
Fahrenheit.	412

(F) "Low pressure boiler" means a steam boiler operating at	413
pressures not exceeding fifteen psig, or a hot water heating	414
boiler operating at pressures not exceeding one hundred sixty psig	415
or temperatures not exceeding two hundred fifty degrees	416
Fahrenheit.	417

(G) "Unfired pressure vessel" means a vessel in which	418
container for the containment of pressure, either internal or	419
external. This pressure ismay be obtained from an external	420
source or by the application of heat from ana direct or indirect	421
source or any combination thereof.	422

(H) "Process boiler" means a boiler to which all of the	423
following apply:	424

(1) The steam in the boiler is either generated or	425
superheated, or both, under pressure or vacuum for use external to	426
itself.	427

(2) The source of heat for the boiler is in part or in whole	428
from a process other than the boiler itself.	429

(3) The boiler is part of a continuous processing unit, such	430
as used in chemical manufacture or petroleum refining, other than	431
a steam-generated process unit.	432

(I) "Stationary steam engine" means an engine or turbine in	433
which the mechanical force arising from the elasticity and	434
expansion action of steam or from its property of rapid	435
condensation or from a combination of the two is made available as	436
a motive power.	437

Sec. 4104.02.  The board of building standards shall:

438

(A) Formulate rules for the construction, installation,	439
inspection, repair, conservation of energy, and operation of	440
boilers and the construction, inspection, and repair of unfired	441
pressure vessels and for ascertaining the safe working pressures	442
to be carried on such boilers and unfired pressure vessels and the	443
qualification of inspectors of boilers and unfired pressure	444
vessels;	445

(B) Prescribe tests, if it is considered necessary, to	446
ascertain the qualities of materials used in the construction of	447
boilers and unfired pressure vessels;	448

(C) Adopt rules regulating the construction and sizes of	449
safety valves for boilers and unfired pressure vessels of	450
different sizes and pressures, for the construction, use, and	451
location of fusible plugs, appliances for indicating the pressure	452
of steam and level of water in the boiler or unfired pressure	453
vessels, and such other appliances as the board considers	454
necessary to safety in operating boilers;	455

(D) Make a standard form of certificate of operation for	456
boilers;	457

(E) Establish reasonable fees for the performance of	458
reviews, surveys, or audits of manufacturer's facilities by the	459
division of industrial compliance for certification by the	460
American society of mechanical engineers and the national board of	461
boiler and pressure vessel inspectors.;	462

(E) The definitions and rules adopted by the board for the	463
construction, installation, inspection, repair, conservation of	464
energy, and operation of boilers and the construction, inspection,	465
and repair of unfired pressure vessels and for ascertaining the	466
safe working pressures to be used on such boilers and unfired	467
pressure vessels shall be based upon and follow generally accepted	468
engineering standards, formulae, and practices established and	469
pertaining to boilers and unfired pressure vessel construction,	470
operation, and safety, and the board may, for this purpose, adopt	471
existing published standards as well as amendments thereto	472
subsequently published by the same authority.	473

When a person desires to manufacture a special type of boiler	474
or unfired pressure vessel, the design of which is not covered by	475
the rules of the board, hethe person shall submit drawings and	476
specifications of such boiler or unfired pressure vessel to the	477
board for investigation, after which the board may permit its	478
installation.	479

The provisions of sections 119.03 and 119.11 of the Revised	480
Code in particular, and the applicable provisions of Chapter 119.	481
of the Revised Code in general, shall govern the proceedings of	482
the board of building standards in adopting, amending, or	483
rescinding rules pursuant to this section.	484

Sec. 4104.04.  (A) Sections 4104.01 to 4104.20, and section	485
4104.99 of the Revised Code do not apply to the following boilers	486
and unfired pressure vessels:	487

(1) Boilers and, unfired pressure vessels, and stationary	488
steam engines under federal control or subject to inspection under	489
federal laws;	490

(2) Air tanks located on vehicles operating under the rules	491
of other state authorities and used for carrying passengers, or	492
freight;	493

(3) Air tanks installed on the right of way of railroads and	494
used directly in the operation of trains;	495

(4) Unfired pressure vessels which are under the regulation	496
and control of the state fire marshal under Chapter 3737. of the	497
Revised Code.	498

(B) The following boilers and unfired pressure vessels are	499
exempt from the requirements of sections 4104.10, 4104.101,	500
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	501
equipped with such appliances, to insure safety of operation, as	502
are prescribed by the board:	503

(1) Portable boilers or unfired pressure vessels when	504
located on farms and used solely for agricultural purposes;	505

(2) Steam or vapor boilers carrying a pressure of not more	506
than fifteen psig, which are located in private residences or in	507
apartment houses of less than six family units;	508

(3) Hot water boilers operated at pressures not exceeding	509
one hundred sixty psig, or temperatures not exceeding two hundred	510
fifty degrees Fahrenheitfahrenheit, which are located in private	511
residences or in apartment houses of less than six family units;	512

(4) Unfired pressure vessels containing only water under	513
pressure for domestic supply purposes, including those containing	514
air, the compression of which serves only as a cushion or airlift	515
pumping system, when located in private residences or in apartment	516
houses of less than six family units;	517

(5) Portable boilers used in pumping, heating, steaming, and	518
drilling, in the open field, for water, gas, and oil;	519

(6) Portable boilers used in the construction of and repair	520
to public roads, railroads, and bridges;	521

(7) Historical steam boilers of riveted construction,	522
preserved, restored, or maintained for hobby or demonstration use.	523

Sec. 4104.05. (A) No person shall operate a low pressure	524
boiler at more than thirty horsepower, unless one of the following	525
applies to that person:	526

(1) The person is licensed as a steam engineer, high	527
pressure boiler operator, or low pressure boiler operator in	528
accordance with section 4104.19 of the Revised Code.	529

(2) The person is working under the direct supervision of a	530
steam engineer, high pressure boiler operator, or low pressure	531
boiler operator.	532

(B) No person shall operate a power boiler at more than	533
thirty horsepower unless one of the following applies to that	534
person:	535

(1) The person is licensed as a steam engineer or high	536
pressure boiler operator in accordance with section 4104.19 of the	537
Revised Code.	538

(2) The person is working under the direct supervision of a	539
steam engineer or high pressure boiler operator.	540

(C) No person shall operate a stationary steam engine at	541
more than thirty horsepower unless one of the following applies to	542
that person:	543

(1) The person is licensed as a steam engineer in accordance	544
with section 4104.19 of the Revised Code.	545

(2) The person is working under the direct supervision of a	546
steam engineer.	547

(D) For purposes of this section, a horsepower means twelve	548
square feet of boiler heating surface.	549

Sec. 4104.06. (A) The inspection of boilers and their	550
appurtenances and unfired pressure vessels shall be made by the	551
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	552
Code, under the supervision of the. The superintendent of the	553
division of industrial compliance, and he shall administer and	554
enforce such sections and rules adopted by the board of building	555
standards pursuant to section 4104.02 of the Revised Code.	556

(B) The superintendent shall adopt, amend, and repeal rules	557
exclusively for the issuance, renewal, suspension, and revocation	558
of certificates of competency and certificates of operation, for	559
conducting hearings in accordance with Chapter 119. of the Revised	560
Code related to these actions, and for the inspection of boilers	561
and their appurtenances, and unfired pressure vessels.	562

(C) Notwithstanding division (B) of this section, the	563
superintendent shall not adopt rules relating to construction,	564
maintenance, or repair of boilers and their appurtenances, or	565
repair of unfired pressure vessels.	566

(D) The superintendent and each general inspector may enter	567
any premises and any building or room at all reasonable hours to	568
perform an examination or inspection.	569

Sec. 4104.07. (A) An application for examination as an	570
inspector of boilers and unfired pressure vessels shall be in	571
writing, accompanied by a fee of fifty dollars, upon a blank to be	572
furnished by the superintendent of the division of industrial	573
compliance. Any moneys collected under this section shall be paid	574
into the state treasury to the credit of the industrial compliance	575
operating fund created in section 121.084 of the Revised Code.	576

(B) The superintendent shall determine if an applicant meets	577
all the requirements for examination in accordance with rules	578
adopted by the board of building standards under section 4104.02	579
of the Revised Code. An application shall be rejected which	580
contains any willful falsification, or untruthful statements.	581

(C) An applicant shall be examined by the superintendent, by	582
a written examination, prescribed by the board, dealing with the	583
construction, installation, operation, maintenance, and repair of	584
boilers and unfired pressure vessels and their appurtenances, and	585
the applicant shall be accepted or rejected on the merits of his	586
the applicant's application and examination.	587

A rejected applicant is entitled, after the expiration of	588
ninety days and upon payment of an examination fee of fifty	589
dollars, to another examination.	590

(D) Upon a favorable report by the superintendent of the	591
result of an examination, the superintendent shall immediately	592
issue to the successful applicant a certificate of competency to	593
that effect.	594

Sec. 4104.08. (A) The director of commerce may appoint from	595
the holders of certificates of competency provided for in section	596
4104.07 of the Revised Code, general inspectors of boilers and	597
unfired pressure vessels.	598

(B) Any company authorized to insure boilers and unfired	599
pressure vessels against explosion in this state may designate	600
from holders of certificates of competency issued by the	601
superintendent of the division of industrial compliance, or	602
holders of certificates of competency or commissions issued by	603
other states or nations whose examinations for certificates or	604
commissions have been approved by the board of building standards,	605
persons to inspect and stamp boilers and unfired pressure vessels	606
covered by the company's policies, and the superintendent shall	607
issue to such persons commissions authorizing them to act as	608
special inspectors. Special inspectors shall be compensated by	609
the company designating them. The board	610

(C) The director of commerce shall establish an annual fee	611
to be charged by the superintendent for each certificate of	612
competency or commission the superintendent issues.	613

Any state or municipal corporation may designate from holders	614
of certificates of competency, issued by the superintendent,	615
persons to inspect and stamp boilers and unfired pressure vessels	616
during construction under such rules as may be adopted by the	617
board, provided the boiler or unfired pressure vessel conforms in	618
every detail with the rules.	619

(D) The superintendent shall issue to each of such	620
appointeesgeneral or special inspector a commission to the effect	621
that the holder thereof is authorized to inspect boilers and	622
unfired pressure vessels for thein this state.	623

(E) No person shall be authorized to act for the state,	624
either as a general inspector or a special inspector, who is	625
directly or indirectly interested in the manufacture or sale of	626
boilers or unfired pressure vessels.	627

Sec. 4104.09.  The certificate of competency issued under	628
section 4104.07 of the Revised Code or the commission provided for	629
in section 4104.08 of the Revised Code may be revoked by the	630
superintendent of the division of industrial compliance for the	631
incompetence or untrustworthiness of the holder thereof, or for	632
willful falsification of any matter or statement contained in his	633
the holder's application or in a report of any inspection. A	634
person whose commission is revoked may appeal in accordance with	635
section 119.12Chapter 119 of the Revised Code. If a certificate	636
or commission is lost or destroyed, a new certificate or	637
commission shall be issued in its place without another	638
examination.	639

All certificates of competency or commissions issued prior to	640
October 15, 1965, are valid unless revoked.	641

Sec. 4104.10.  All unfired pressure vessels, except unfired	642
pressure vessels exempt under section 4104.04 of the Revised Code,	643
shall be thoroughly inspected during fabrication and upon	644
completion by either a general or special inspector, and shall not	645
be operated until a copy of the manufacturers' data report,	646
properly executed and signed by the inspector is filed in the	647
office of the superintendent of the division of industrial	648
compliance. All unfired pressure vessels shall conform in every	649
detail with applicable rules adopted by the board of building	650
standards pursuant to section 4104.02 of the Revised Code.	651

Sec. 4104.101.  (A) Every contractorNo person shall be	652
registered with the division of industrial compliance before	653
installinginstall or makingmake major repairs or modifications	654
to any boiler without first registering to do so with the division	655
of industrial compliance.	656

(B) Every contractorNo person shall obtain a permit from the	657
division prior to making anmake any installation or major repair	658
or modification of any boiler without first obtaining a permit to	659
do so from the division. The permit application form shall	660
provide the name and address of the owner, location of the boiler,	661
and type of repair or modification that will be made. The	662
application permit fee shall be fifty dollars.	663

(C) The superintendent of the division of industrial	664
compliance shall require annual registration of all contractors	665
who install, make major repairs to, or modify any boiler. The	666
board of building standards shall establish a reasonable fee to	667
cover the cost of processing registrations.	668

Sec. 4104.14.  The owner or user of a boiler required by	669
sections 4104.01 to 4104.20, inclusive, of the Revised Code, to be	670
inspected shall, after due notice, prepare the boiler for internal	671
and external inspection at the appointed time, by drawing the	672
water from the boiler and removing the manhole and handhole plates	673
and thoroughly cleaning the boiler and its setting. The inspector	674
shall give such owner or user at least fourteen days' notice to	675
prepare the boiler for such inspection, but need not give notice	676
for inspection under operating conditions. The inspector, when	677
making inspections under operating conditions, shall observe the	678
pressure carried and the general condition of each boiler, and	679
ascertain if the safety valve and the appliances for indicating	680
the pressure and level of water in the boiler are in proper	681
working order. No person shall remove or tamper with any safety	682
appliances prescribed by the board of building standards, and no	683
person shall in any manner load the safety valve to a greater	684
pressure than that allowed by the certificate of operation. If in	685
the judgment of the inspector it is advisable to apply a	686
hydrostatic pressure test to the boiler, the owner or user shall	687
prepare the boiler for such test, and apply the test which shall	688
be witnessed by the inspector.	689

Sec. 4104.15. (A) All certificates of inspection for	690
boilers, issued prior to October 15, 1965, are valid and effective	691
for the period set forth in such certificates unless sooner	692
withdrawn by the superintendent of the division of industrial	693
compliance. The owner or user of any such boiler shall obtain an	694
appropriate certificate of operation for such boiler on or before	695
the expiration date of such certificate of inspection, and shall	696
not operate such boiler, or permit it to be operated after such	697
expiration date unless a certificate of operation has been	698
obtained in accordance with section 4104.17 of the Revised Code.	699

(B) If, upon making the internal and external inspection	700
required under sections 4104.11, 4104.12, and 4104.13 of the	701
Revised Code, the inspector finds the boiler to be in safe working	702
order, with the fittings necessary to safety, and properly set up,	703
upon histhe inspector's report to the superintendent, the	704
superintendent shall issue to the owner or user thereof, or renew,	705
upon application and upon compliance with sections 4104.17 and	706
4104.18 of the Revised Code, a certificate of operation which	707
shall state the maximum pressure at which the boiler may be	708
operated, as ascertained by the rules of the board of building	709
standards. Such certificates shall also state the name of the	710
owner or user, the location, size, and number of each boiler, and	711
the date of issuance, and shall be so placed as to be easily read	712
in the engine room or boiler room of the plant where the boiler is	713
located, except that the certificate of operation for a portable	714
boiler shall be kept on the premises and shall be accessible at	715
all times.	716

(C) If an inspector at any inspection finds that the boiler	717
or unfired pressure vessel is not in safe working condition, or is	718
not provided with the fittings necessary to safety, or if the	719
fittings are improperly arranged, hethe inspector shall	720
immediately notify the owner or user and person in charge of the	721
boiler and shall report the same to the superintendent who shall	722
withdraw or withhold suchmay revoke, suspend, or deny the	723
certificate of operation and not renew the same until the boiler	724
or unfired pressure vessel and its fittings are put in condition	725
to insure safety of operation, and the owner or user shall not	726
operate the boiler or unfired pressure vessel, or permit it to be	727
operated until such certificate has been granted or restored.	728

(D) If the superintendent or a general boiler inspector	729
finds that an unfired pressure vessel or boiler or a part thereof	730
poses an explosion hazard that reasonably can be regarded as	731
posing an imminent danger of death or serious physical harm to	732
persons, the superintendent or the general boiler inspector shall	733
seal the unfired pressure vessel or boiler and order, in writing,	734
the operator or owner of the unfired pressure vessel or boiler to	735
immediately cease the unfired pressure vessel's or boiler's	736
operation. The order shall be effective until the nonconformities	737
are eliminated, corrected, or otherwise remedied, or for a period	738
of seventy-two hours from the time of issuance, whichever occurs	739
first. During the seventy-two-hour period, the superintendent may	740
request that the prosecuting attorney or city attorney of Franklin	741
county or of the county in which the unfired pressure vessel or	742
boiler is located obtain an injunction restraining the operator or	743
owner of the unfired pressure vessel or boiler from continuing its	744
operation after the seventy-two-hour period expires until the	745
nonconformities are eliminated, corrected, or otherwise remedied.	746

(E) Each boiler which has been inspected shall be assigned a	747
number by the superintendent, which number shall be stamped on the	748
boiler except that in the event the boiler is of cast iron	749
construction such number may be stamped on a nonferrous metal tag	750
affixed to the boiler or its fittings by seal or otherwise. No	751
person except an inspector shall deface or remove any such number	752
or tag.	753

(F) If the owner or user of any unfired pressure vessel or	754
boiler disagrees with the inspector as to the necessity for	755
shutting down aan unfired pressure vessel or boiler or for making	756
repairs or alterations in it, or taking any other measures for	757
safety that are requested by an inspector, the owner or user may	758
appeal from the decision of the inspector to the superintendent,	759
who may, after such other inspection by a general inspector or	760
special inspector as the superintendent deems necessary, decide	761
the issue.	762

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	763
nor an inspection or report by any inspector, shall relieve the	764
owner or user of a steaman unfired pressure vessel or boiler of	765
the duty of using due care himself in the inspection, operation,	766
and repair of the unfired pressure vessel or boiler or of any	767
liability for damages for his failure to inspect, repair, or	768
operate the unfired pressure vessel or boiler safely.	769

Sec. 4104.17.  Certificates of operation issued for boilers	770
subject to inspection under Chapter 4104. of the Revised Code	771
shall be issued and renewed in accordance with and at dates	772
prescribed by rules and regulations adopted by the board of	773
building standardssuperintendent of industrial compliance.	774

Sec. 4104.18.  (A) The owner or user of a boiler required	775
under section 4104.12 of the Revised Code to be inspected upon	776
installation, and the owner or user of a boiler for which a	777
certificate of inspection has been issued which is replaced with	778
an appropriate certificate of operation, shall pay to the	779
superintendent of the division of industrial compliance a fee in	780
the amount of thirty dollars for boilers subject to annual	781
inspections under section 4104.11 of the Revised Code, sixty	782
dollars for boilers subject to biennial inspection under section	783
4104.13 of the Revised Code, ninety dollars for boilers subject to	784
triennial inspection under section 4104.11 of the Revised Code, or	785
one hundred fifty dollars for boilers subject to quinquennial	786
inspection under section 4104.13 of the Revised Code before any	787
certificate of operation is issued.	788

A renewal fee in the amount of thirty dollars shall be paid	789
to the treasurer of state before the renewal of any certificate of	790
operation is renewed.	791

(B) The fee for complete inspection during construction by a	792
general inspector on boilers and unfired pressure vessels	793
manufactured within the state shall be thirty-five dollars per	794
hour. Boiler and unfired pressure vessel manufacturers other than	795
those located in the state may secure inspection by a general	796
inspector on work during construction, upon application to the	797
superintendent, and upon payment of a fee of thirty-five dollars	798
per hour, plus the necessary traveling and hotel expenses incurred	799
by the inspector.	800

(C) The application fee for applicants for steam engineer,	801
high pressure boiler operator, or low pressure boiler operator	802
licenses is fifty dollars. The fee for each original or renewal	803
steam engineer, high pressure boiler operator, or low pressure	804
boiler operator license is thirty-five dollars.	805

(D) The director of commerce, subject to the approval of the	806
controlling board, may establish fees in excess of the fees	807
provided in divisions (A) and, (B), and (C) of this section,	808
provided that such fees do not exceed the amounts established in	809
this section by more than fifty per cent. Any moneys collected	810
under this section shall be paid into the state treasury to the	811
credit of the industrial compliance operating fund created in	812
section 121.084 of the Revised Code.	813

(D)(E) Any person who fails to pay an invoiced renewal fee	814
or an invoiced inspection fee required for any inspection	815
conducted by the division of industrial compliance pursuant to	816
this chapter within forty-five days after the inspection is	817
conductedof the invoice date shall pay a late payment fee equal	818
to twenty-five per cent of the inspectioninvoiced fee.	819

(E)(F) In addition to the fees assessed in divisions (A) and	820
(B) of this section, the board of building standards shall assess	821
the owner or user a fee of three dollars and twenty-five cents for	822
each certificate of operation or renewal thereof issued under	823
division (A) of this section and for each inspection conducted	824
under division (B) of this section. The board shall adopt rules,	825
in accordance with Chapter 119. of the Revised Code, specifying	826
the manner by which the superintendent shall collect and remit to	827
the board the fees assessed under this division and requiring that	828
remittance of the fees be made at least quarterly.	829

Sec. 4104.19. (A) Any person seeking a license to operate as	830
a steam engineer, high pressure boiler operator, or low pressure	831
boiler operator shall file a written application with the	832
superintendent on a form prescribed by the superintendent with	833
the appropriate application fee as set forth in section 4104.18 of	834
the Revised Code. The application shall contain information	835
satisfactory to the superintendent to demonstrate that the	836
applicant meets the requirements of division (B) of this section.	837
The application shall be filed with the superintendent not more	838
than sixty days and not less than thirty days before the license	839
examination is offered.	840

(B) To qualify to take the examination required to obtain a	841
steam engineer, high pressure boiler operator, or low pressure	842
boiler operator license, a person shall meet both of the following	843
requirements:	844

(1) Be at least eighteen years of age;

845

(2) Have one year of experience in the operation of steam	846
engines, high pressure boilers, or low pressure boilers as	847
applicable to the type of license being sought, or a combination	848
of experience and education for the type of license sought as	849
determined to be acceptable by the superintendent.	850

(C) No applicant shall qualify to take an examination or to	851
renew a license if the applicant has violated this chapter or if	852
the applicant has obtained or renewed a license issued under this	853
chapter by fraud, misrepresentation, or deception.	854

(D) The superintendent shall issue a license to each	855
applicant who receives a passing score on the examination, as	856
determined by the superintendent, for the license for which the	857
applicant applied.	858

(E) The superintendent shall select and contract with one or	859
more persons to do all of the following relative to the	860
examinations for a license to operate as a steam engineer, high	861
pressure boiler operator, or low pressure boiler operator:	862

(1) Prepare, administer, score, and maintain the	863
confidentiality of the examination;	864

(2) Maintain responsibility for all expenses required to	865
fulfill division (E)(1) of this section;	866

(3) Charge each applicant a fee for administering the	867
examination, in an amount authorized by the superintendent;	868

(4) Design the examination for each type of license to	869
determine an applicant's competence to operate the equipment for	870
which the applicant is seeking licensure.	871

(F) Each license issued under this chapter expires one year	872
after the date of issue. Each person holding a valid, unexpired	873
license may renew the license, without reexamination, by applying	874
to the superintendent not more than ninety days before the	875
expiration of the license, and submitting with the application the	876
renewal fee established in section 4104.18 of the Revised Code.	877
Upon receipt of the renewal information and fee, the	878
superintendent shall issue the licensee a certificate of renewal.	879

(G) The superintendent, in accordance with Chapter 119. of	880
the Revised Code, may suspend or revoke any license, or may refuse	881
to issue a license under this chapter upon finding that a licensee	882
or an applicant for a license has violated or is violating the	883
requirements of this chapter.	884

Sec. 4104.21.  On receipt of a notice pursuant to section	885
3123.43 of the Revised Code, the chief of the division of boiler	886
inspectionsuperintendent of industrial compliance shall comply	887
with sections 3123.41 to 3123.50 of the Revised Code and any	888
applicable rules adopted under section 3123.63 of the Revised Code	889
with respect to a certificate or license issued pursuant to this	890
chapter.	891

Sec. 4104.99.  (A) Whoever violates division (A) or (B) of	892
section 4104.101 or section 4104.20 of the Revised Code shall be	893
fined not less than twenty nor more than five hundred dollarsis	894
guilty of a misdemeanor of the third degree.	895

(B) Whoever violates section 4104.1014104.05 of the Revised	896
Code shall be fined not more than five hundred dollarsis guilty	897
of a minor misdemeanor.	898

(C) Whoever violates section 4104.46 of the Revised Code	899
shall be fined not less than fifty nor more than one thousand	900
dollars for a first offense; for each subsequent offense such	901
person shall be fined not less than one hundred nor more than five	902
thousand dollars.	903

Sec. 4105.01.  As used in this chapter:

904

(A) "Elevator" means a hoisting and lowering apparatus	905
equipped with a car, cage, or platform which moves on or between	906
permanent rails or guides and serves two or more fixed landings in	907
a building or structure to which section 3781.06 of the Revised	908
Code applies. "Elevator" includes dumb-waiters other than	909
hand-powered dumb-waiters, escalators, manlifts, moving walks, of	910
the endless belt type, other lifting or lowering apparatus	911
permanently installed on or between rails or guides, and all	912
equipment, machinery, and construction related to any elevator;	913
but does not include construction hoists and other similar	914
temporary lifting or lowering apparatuses, ski lifts, traveling,	915
portable amusement rides or devices that are not affixed to a	916
permanent foundation, or nonportable amusement rides or devices	917
that are affixed to a permanent foundation.	918

(B) "Passenger elevator" means an elevator that is designed	919
to carry persons to its contract capacity.	920

(C) "Freight elevator" means an elevator normally used for	921
carrying freight and on which only the operator and employees in	922
the pursuit of their duties, by the permission of the employer,	923
are allowed to ride.	924

(D) "Gravity elevator" means an elevator utilizing gravity	925
to move.	926

(E) "General inspector" means a state inspector examined and	927
hired to inspect elevators and lifting apparatus for that state.	928

(F) "Special inspector" means an inspector examined and	929
commissioned by the superintendent of the division of industrial	930
compliance to inspect elevators and lifting apparatus in the	931
state.	932

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

933

Sec. 4105.10. (A) Every passenger elevator, escalator,	934
moving walk, and freight elevator, including gravity elevators,	935
shall be inspected oncetwice every sixtwelve months. Power	936

(B) Power dumb-waiters, hoists, and other lifting or	937
lowering apparatus, not designed to carry persons, permanently	938
installed, either on or between rails or guides, shall be	939
inspected at least once every twelve months.	940

(C) The board of building standards may designate by rule,	941
classifications of passenger elevators with a capacity of seven	942
hundred fifty pounds or less that shall be inspected once every	943
twelve months.	944

Sec. 4105.16.  Before any new installation of an elevator of	945
permanent nature shall beis erected or before any existing	946
elevator is removed to and installed in a different location, an	947
application of specifications in duplicate shall be submitted to	948
the division of industrial compliance giving such information	949
concerning the construction, installation, and operation of said	950
elevator as the division may require on forms to be furnished by	951
the division, together with complete construction plans in	952
duplicate. In all cases where any changes or repairs are made	953
which alter its construction of classification, grade or rated	954
lifting capacity, except when made pursuant to a report of an	955
inspector, an application of specifications in duplicate shall be	956
submitted to the division, containing such information, or	957
approval, except in those municipal corporations which maintain	958
their own elevator inspection departments, in which event such	959
specifications shall be submitted to the elevator department of	960
the municipal corporation for its approval, and if approved, a	961
permit for the erection or repair of such elevator shall be issued	962
by the municipal corporation. Upon approval of such application	963
and construction plans, the superintendent of the division of	964
industrial compliance shall issue a permit for the erection or	965
repair of such elevator. No new elevator shall be operated until	966
completion in accordance with the approved plans and	967
specifications, unless a temporary permit is granted by the	968
division.	969

The final inspection, before operation, of a permanent, new	970
or repaired elevator shall be classed as a special inspection.	971
Such final inspection shall be made by a general inspector, but	972
the superintendent may designateor a special inspector of a	973
municipal corporation to make such final inspection of any	974
permanent elevator located in his municipal corporationdesignated	975
by the superintendent.	976

Sec. 4105.17.  (A) The fee for anyeach inspection, or	977
attempted inspection that, due to no fault of a general inspector	978
or the division of industrial compliance, is not successfully	979
completed, by a general inspector before the operation of a	980
permanent new elevator prior to the issuance of a certificate of	981
operation, before operation of an elevator being put back into	982
service after a repair, or as a result of the operation of section	983
4105.08 of the Revised Code and is an elevator required to be	984
inspected under this chapter is thirtytwenty dollars plus five	985
ten dollars for each floor where the elevator stops. The	986
superintendent of the division of industrial compliance may assess	987
aan additional fee of one hundred twenty-five dollars plus five	988
dollars for each floor where an elevator stops for the	989
reinspection of an elevator when a previous attempt to inspect	990
that elevator has been unsuccessful through no fault of a general	991
inspector or the division of industrial compliance. The	992

(B) The fee for each inspection, or attempted inspection,	993
that due to no fault of the general inspector or the division of	994
industrial compliance, is not successfully completed by a general	995
inspector before operation of a permanent new escalator or moving	996
walk prior to the issuance of a certificate of operation, before	997
operation of an escalator or moving walk being put back in service	998
after a repair, or as a result of the operation of section 4105.08	999
of the Revised Code is three hundred dollars. The superintendent	1000
of the division of industrial compliance may assess an additional	1001
fee of one hundred fifty dollars for the reinspection of an	1002
escalator or moving walk when a previous attempt to inspect that	1003
escalator or moving walk has been unsuccessful through no fault of	1004
the general inspector or the division of industrial compliance.	1005

(C) The fee for issuing or renewing a certificate of	1006
operation under section 4105.15 of the Revised Code for an	1007
elevator that is inspected every six months in accordance with	1008
division (A) of section 4105.10 of the Revised Code is thirty-five	1009
one hundred five dollars plus ten dollars for each floor where the	1010
elevator stops, except where the elevator has been inspected by a	1011
special inspector in accordance with section 4105.07 of the	1012
Revised Code.	1013

(D) The fee for issuing or renewing a certificate of	1014
operation under section 4105.05 of the Revised Code for an	1015
elevator that is inspected every twelve months in accordance with	1016
division (A) of section 4105.10 of the Revised Code is fifty-five	1017
dollars plus ten dollars for each floor where the elevator stops,	1018
except where the elevator has been inspected by a special	1019
inspector in accordance with 4105.07 of the Revised Code.	1020

(E) The fee for issuing or renewing a certificate of	1021
operation under section 4105.15 of the Revised Code for an	1022
escalator or moving walk is three hundred dollars, except where	1023
the escalator or moving walk has been inspected by a special	1024
inspector in accordance section 4105.07 of the Revised Code.	1025

(B)(F) All other fees to be charged for any examination	1026
given or other service performed by the division of industrial	1027
compliance pursuant to this chapter shall be prescribed by the	1028
board of building standards established by section 3781.07 of the	1029
Revised Codedirector of commerce. The fees shall be reasonably	1030
related to the costs of such examination or other service.	1031

(C)(G) The board of building standardsdirector of commerce,	1032
subject to the approval of the controlling board, may establish	1033
fees in excess of the fees provided in divisiondivisions (A) and	1034
(B) of this section, provided that the fees do not exceed the	1035
amounts established in divisiondivisions (A) and (B) of this	1036
section by more than fifty per cent. Any moneys collected under	1037
this section shall be paid into the state treasury to the credit	1038
of the industrial compliance operating fund created in section	1039
121.084 of the Revised Code.	1040

(D)(H) Any person who fails to pay an inspection fee	1041
required for any inspection conducted by the division pursuant to	1042
this chapter within forty-five days after the inspection is	1043
conducted shall pay a late payment fee equal to twenty-five per	1044
cent of the inspection fee.	1045

(E)(I) In addition to the feefees assessed in division	1046
divisions (A), (B), (C), and (D) of this section, the board of	1047
building standards shall assess a fee of three dollars and	1048
twenty-five cents for each certificate of operation or renewal	1049
thereof issued under division (A) of this section and for each	1050
permit issued under section 4105.16 of the Revised Code. The	1051
board shall adopt rules, in accordance with Chapter 119. of the	1052
Revised Code, specifying the manner by which the superintendent of	1053
the division of industrial compliance shall collect and remit to	1054
the board the fees assessed under this division and requiring that	1055
remittance of the fees be made at least quarterly.	1056

(J) For purposes of this section:

1057

(1) "Escalator" means a power driven, inclined, continuous	1058
stairway used for raising or lowering passengers.	1059

(2) "Moving walk" means a passenger carrying device on	1060
which passengers stand or walk, with a passenger carrying surface	1061
that is uninterrupted and remains parallel to its direction of	1062
motion.	1063

Section 2. That existing sections 121.084, 3713.01, 3713.04,	1064
3713.10, 3713.99, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07,	1065
4104.08, 4104.09, 4104.10, 4104.101, 4104.14, 4104.15, 4104.17,	1066
4104.18, 4104.21, 4104.99, 4105.01, 4105.10, 4105.16, and 4105.17	1067
and sections 3713.02, 3713.03, 3713.05, 3713.051, 3713.06,	1068
3713.07, 3713.08, 3713.09, 3713.11, 4739.01, 4739.02, 4739.03,	1069
4739.04, 4739.05, 4739.06, 4739.07, 4739.08, 4739.09, 4739.10,	1070
4739.11, 4739.12, 4739.13, 4739.14, 4739.15, 4739.16, and 4739.99	1071
of the Revised Code are hereby repealed.	1072