As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 175

Representatives Buehrer, Widener, Olman, D. Evans 

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A BILL

To amend sections 307.37, 307.38, 307.381, 307.40,

1

505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02,

2

3722.041, 3781.01, 3781.03, 3781.031, 3781.06,

3

3781.10, 3781.102, 3781.11, 3781.12, 3781.13,

4

3781.18, 3781.183, 3781.99, 3791.04, 3791.99,

5

4703.18, 4733.18, 4740.01, 4740.02, 4740.04,

6

4740.05, 4740.06, 4740.10, 4740.12, 4740.13,

7

4740.14, 4929.03, and 4929.04, to enact sections

8

1312.01 to 1312.05, and to repeal sections

9

3781.181, 3781.182, 3781.21, and 4933.31 of the

10

Revised Code to require statewide licensing of

11

residential contractors, to establish a statewide

12

uniform building code for residential buildings,

13

to establish a process for granting variances from

14

the statewide uniform residential building code,

15

and to make other changes in the laws governing

16

residential contractors and residential

17

construction.

18

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

Section 1. That sections 307.37, 307.38, 307.381, 307.40,	19
505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02, 3722.041,	20
3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102, 3781.11,	21
3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04, 3791.99,	22
4703.18, 4733.18, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06,	23
4740.10, 4740.12, 4740.13, 4740.14, 4929.03, and 4929.04 be	24
amended and sections 1312.01, 1312.02, 1312.03, 1312.04, and	25
1312.05 of the Revised Code be enacted to read as follows:	26

Sec. 307.37.  (A)(1) The board of county commissioners, in	27
addition to its other powers, may adopt, amend, rescind,	28
administer, and enforce regulations pertaining to the erection,	29
construction, repair, alteration, redevelopment, and maintenance	30
of single-family, two-family, and three-family dwellingsthe	31
residential or nonresidential building code, or both, established	32
under rules adopted by the board of building standards pursuant to	33
Chapter 3781. of the Revised Code, within the unincorporated	34
territory of the county, or the board may establish districts in	35
any part of the unincorporated territory and may adopt, amend,	36
rescind, administer, and enforce such regulations in the	37
districts. When adopted, all regulations, including service	38
charges, shall be uniform within all districts in which building	39
codes are established; however, more stringent regulations may be	40
imposed in flood hazard areas and in Lake Erie coastal erosion	41
areas identified under section 1506.06 of the Revised Code in	42
order to prevent or reduce the hazard resulting from flooding and	43
from erosion along Lake Erie. In no case shall the regulations go	44
beyond the scope of regulating the safety, health, and sanitary	45
conditions of such buildings. Any person adversely affected by an	46
order of the board adopting, amending, or rescinding a regulation	47
may appeal to the court of common pleas of the county on the	48
ground that the board failed to comply with the law in adopting,	49
amending, rescinding, publishing, or distributing the regulations,	50
or that the regulation, as adopted or amended by the board, is	51
unreasonable or unlawful, or that the revision of the regulation	52
was unreasonable or unlawful. The board of county commissioners	53
may adopt regulations governing residential buildings, as defined	54
in section 3781.06 of the Revised Code, and separate regulations	55
governing property maintenance on the condition that the	56
regulations govern subject matter that is not addressed by and not	57
in conflict with the residential building code established under	58
rules adopted by the board of building standards pursuant to	59
Chapter 3781. of the Revised Code.	60

(2) A county building codeThe board may includeadopt	61
regulations for participation in the national flood insurance	62
program established in the "Flood Disaster Protection Act of	63
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, and regulations	64
adopted for the purposes of section 1506.04 or 1506.07 of the	65
Revised Code governing the prohibition, location, erection,	66
construction, redevelopment, or floodproofing of new buildings or	67
structures, substantial improvements to existing buildings or	68
structures, or other development in unincorporated territory	69
within flood hazard areas identified under the "Flood Disaster	70
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as	71
amended, or within Lake Erie coastal erosion areas identified	72
under section 1506.06 of the Revised Code, including, but not	73
limited to, residential, commercial, institutional, or industrial	74
buildings or structures or other permanent structures, as that	75
term is defined in section 1506.01 of the Revised Code. Rules	76
adopted under division (A)(2) of this section shall not conflict	77
with the Ohio building code.	78

(B) Regulations or amendments may be adopted under this	79
section only after public hearing at not fewer than two regular	80
sessions of the board. The board shall cause to be published in a	81
newspaper of general circulation in the county notice of the	82
public hearings, including time, date, and place, once a week for	83
two weeks immediately preceding the hearings. The proposed	84
regulations or amendments shall be made available by the board to	85
the public at the board office. The regulations or amendments	86
shall take effect on the thirty-first day following the date of	87
their adoption.	88

(C) No person shall violate any regulation of the board under	89
sections 307.37 to 307.40 of the Revised Code.	90

Each day during which an illegal location, erection,	91
construction, floodproofing, repair, alteration, development,	92
redevelopment, or maintenance continues may be considered a	93
separate offense.	94

(D) RegulationsBuilding regulations adopted by resolution of	95
the board pursuant to division (A) of this section do not affect	96
buildings or structures that exist or on which construction has	97
begun on or before the date the regulation or amendment is adopted	98
by the board.	99

(E) TheFor purposes of administering and enforcing the	100
residential or nonresidential building code, or both, established	101
under rules adopted by the board of building standards pursuant to	102
Chapter 3781. of the Revised Code, and the building regulations	103
adopted pursuant to division (A) of this section, the board of	104
county commissioners may provide forcreate a building regulation	105
department and may employ such personnel as it determines to be	106
necessary for the purpose of enforcing its regulationsthat	107
administration and enforcement. Upon certification of the building	108
department under section 3781.10 of the Revised Code, the board	109
may direct the county building department to exercise enforcement	110
authority and to accept and approve plans pursuant to sections	111
3781.03 and 3791.04 of the Revised Code on the condition that the	112
building department and personnel accept plans only for any other	113
kind orthe class of building in the unincorporated territory of	114
the countyfor which the building department and personnel are	115
certified under section 3781.10 of the Revised Code.	116

Sec. 307.38.  For the purposes of administering and enforcing	117
thebuilding regulations, as provided byadopted under section	118
307.37 of the Revised Code and the residential or nonresidential	119
building code, or both, established under rules adopted by the	120
board of building standards pursuant to Chapter 3781. of the	121
Revised Code, the board of county commissioners may create,	122
establish, fill, and fix the compensation of the position of	123
county building inspector. Such position shall be in the	124
competitive classified service, and appointment, promotion, and	125
removal shall be governed by Chapter 124. of the Revised Code. In	126
lieu of the creation of any such position, the board may assign	127
the duties of the office to an existing county officer if the	128
officer is certified pursuant to section 3781.10 of the Revised	129
Code. The duties of the inspector shall be the administration and	130
enforcement of the building regulations and building code.	131

The board may contract with any municipal corporation in the	132
county for the administration and enforcement of the building	133
regulations and building code and any municipal corporation may	134
contract with the board for the administration and enforcement of	135
the building regulations of such municipal corporation and the	136
building code.	137

The board, pursuant to a contract authorizing such action,	138
may contract on behalf of one or more municipal corporations	139
within its jurisdiction for another county or another municipal	140
corporation within or outside the county to administer and enforce	141
the state building code and building regulations within the	142
jurisdiction of the municipal corporations seeking those services.	143
The contract on behalf of these municipal corporations shall	144
provide for obtaining the appropriate certification pursuant to	145
division (E) of section 3781.10 of the Revised Code for the	146
exercise of administration and enforcement authority within the	147
municipal corporations and shall specify which political	148
subdivision is responsible for securing that certification.	149

In a county which has a building department certified	150
pursuant to section 3781.10 of the Revised Code, but not certified	151
through a contract with another political subdivision, and which	152
has a board of building appeals certified pursuant to section	153
3781.20 of the Revised Code, if the board of county commissioners	154
contracts with a municipal corporation or other county for the	155
first county to administer and enforce the state building code and	156
building regulations within the municipal corporation or within	157
the other county, the contract shall require the certified county	158
board of building appeals to hear appeals from adjudication orders	159
pertaining to the enforcement of Chapters 3781. and 3791. of the	160
Revised Code and any rules adopted pursuant to these chapters	161
within the municipal corporation or other county.	162

Sec. 307.381.  The board of county commissioners of any	163
county which adopts regulations pursuant to section 307.37 of the	164
Revised Code and whichthat has a county building department	165
certified pursuant to section 3781.10 of the Revised Code, but not	166
certified through a contract with another political subdivision,	167
may by resolution establish a county board of building appeals,	168
make appointments to the board, and fix the compensation, if any,	169
of the board members. Upon certification under section 3781.20 of	170
the Revised Code, the county board of building appeals shall hear	171
and decide appeals from adjudication orders of the county building	172
inspector or other officer assigned to perform histhe building	173
official's duties pertaining to the enforcement within histhe	174
building official's jurisdiction of Chapters 3781. and 3791. of	175
the Revised Code and any rules adopted pursuant thereto.	176

Sec. 307.40.  No person shall erect, construct, alter,	177
repair, or maintain any single-family, two-family, or three-family	178
dwellingsresidential building as defined in section 3781.06 of	179
the Revised Code, within the unincorporated portion of any county,	180
wherein the board of county commissioners has enactedcreated a	181
building department to administer and enforce building regulations	182
as provided inadopted pursuant to section 307.37 of the Revised	183
Code, and the residential building code established under rules	184
adopted by the board of building standards pursuant to Chapter	185
3781. of the Revised Code, unless such building regulations and	186
residential building code are fully complied with. In the event	187
any building is being erected, constructed, altered, repaired, or	188
maintained in violation of the building regulations adopted by	189
resolution under the authority granted by such sectionor	190
residential building code, the board, the prosecuting attorney, or	191
the county building inspector of such county or any adjacent,	192
contiguous, or neighboring property owner who would be especially	193
damaged by such violation, in addition to the remedies provided by	194
law, may institute a suit for injunction, abatement, or other	195
appropriate action to prevent such violation of the building	196
regulations relating to the erection, construction, alteration,	197
repair, or maintenance of suchresidential building code. Sections	198
307.37 to 307.40, inclusive, of the Revised Code do not confer any	199
power on any board of county commissioners in respect to the	200
location, erection, construction, reconstruction, change,	201
alteration, maintenance, removal, use, or enlargement of any	202
buildings or structures of any public utility or railroad, whether	203
publicly or privately owned, or the use of land by any public	204
utility or railroad for the operation of its business.	205

Sec. 505.73.  The board of township trustees may, by	206
resolution, adopt by incorporation by reference, administer, and	207
enforce within the unincorporated area of the township an existing	208
structures code pertaining to the repair and continued maintenance	209
of structures and the premises of such structures. For such	210
purpose, the board shall adopt any model or standard code prepared	211
and promulgated by the state, any department, board, or other	212
agency of the state, or any public or private organization that	213
publishes a recognized model or standard code on the subject. The	214
board shall ensure that the code adopted is fully compatible with	215
the local residential building code and with theall other rules	216
of the board of building standards adopted pursuant to section	217
3781.10 of the Revised Code.	218

The board shall assign the duties of administering and	219
enforcing the code to a township officer or employee who is	220
trained and qualified for such duties and shall establish by	221
resolution the minimum qualifications necessary for performance of	222
such duties.	223

After the board adopts a code, the township clerk shall post	224
a notice which shall clearly identify the code, state the purpose	225
of the code, state that a complete copy of the code is on file for	226
inspection by the public with the township clerk and in the law	227
library of the county in which the township is located, and state	228
that the clerk has copies available for distribution to the public	229
at cost. The township clerk shall post the notice in five	230
conspicuous places in the township for thirty days before the code	231
becomes effective. The clerk shall also publish the notice in a	232
newspaper of general circulation in the township for three	233
consecutive weeks. If the adopting township amends or deletes any	234
provision of the code, the notice shall contain a brief summary of	235
the deletion or amendment.	236

If the agency that originally promulgated or published the	237
code thereafter amends the code, any township that has adopted the	238
code pursuant to this section may adopt the amendment or change by	239
incorporation by reference in the same manner as provided for	240
adoption of the original code.	241

Sec. 505.75.  (A)(1) A board of township trustees may, by	242
resolution adopt by incorporation by reference, administer, and	243
enforce a standardthe residential or nonresidential building code	244
pertaining to the erection, construction, repair, alteration, and	245
maintenance of single-family, two-family, and three-family	246
dwellings promulgated by the state, or any department, board, or	247
other agency thereof, or by any municipal corporation or county in	248
this state, or both, established under rules adopted by the board	249
of building standards pursuant to Chapter 3781. of the Revised	250
Code within the unincorporated territory of the township, or	251
establish districts in any part of the unincorporated territory	252
and adopt, administer, and enforce such standard code in the	253
affected districts. When adopted, all regulations contained in	254
such code, including those establishing service charges, shall be	255
uniform within all districts in which building codes are	256
established, except that more stringent regulations may be imposed	257
in flood hazard areas in order to prevent or reduce the hazard	258
resulting from flooding. In no case shall regulations exceed the	259
scope of regulating the safety, health, and sanitary conditions of	260
such buildings. Any person adversely affected by a resolution of	261
the board adopting, amending, or rescinding a regulation may seek	262
a declaratory judgment pursuant to Chapter 2721. of the Revised	263
Code on the ground that the board failed to comply with the law in	264
adopting, amending, rescinding, publishing, or distributing the	265
regulation, or that the regulation, as adopted or amended by the	266
board, is unreasonable or unlawful, or that the revision of the	267
regulation was unreasonable or unlawful.	268

A township building codeThe board of township trustees may	269
adopt building regulations governing residential buildings, as	270
defined in section 3781.06 of the Revised Code, on the condition	271
that the regulations govern subject matter that is not addressed	272
by and not in conflict with the residential building code	273
established under rules adopted by the board of building standards	274
pursuant to Chapter 3781. of the Revised Code.	275

(2) The board of township trustees may includeadopt	276
regulations that are necessary for participation in the national	277
flood insurance program and are not in conflict with the Ohio	278
building code, governing the prohibition, location, erection,	279
construction, or floodproofing of new buildings or structures, or	280
substantial improvements to existing buildings or structures, in	281
unincorporated territory within flood hazard areas identified	282
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	283
42 U.S.C.A. 4002, as amended, including, but not limited to,	284
residential, commercial, or industrial buildings or structures.	285

(3) Except as provided in division (A)(4) of this section, a	286
board of township trustees may adopt regulations governing	287
property maintenance on the condition that the regulations govern	288
subject matter that is not addressed by and not in conflict with	289
the residential building code established under rules adopted by	290
the board of building standards pursuant to Chapter 3781. of the	291
Revised Code.	292

(4) No board of township trustees of a township located	293
within a county in which the board of county commissioners has	294
adopted regulations governing property maintenance shall adopt	295
regulations governing property maintenance.	296

(B) Regulations or amendments may be adopted under this	297
section only after public hearing at not fewer than two regular	298
sessions of the board and only upon an affirmative vote of all	299
members of the board. The board shall cause to be published in a	300
newspaper of general circulation in the township notice of the	301
public hearings, including time, date, and place, once a week for	302
two weeks immediately preceding the hearings. The proposed	303
regulations or amendments shall be made available by the board to	304
the public at the board office.	305

The township building code shall be adopted if it is approved	306
by an affirmative vote of all members of the board of township	307
trustees.	308

The building code and any amendments to the building code	309
adopted by the board become effective thirty days after the date	310
of adoption unless, within thirty days after the adoption of the	311
building code or amendments, there is presented to the board a	312
petition, signed by a number of qualified voters residing in the	313
unincorporated area of the township equal to not less than eight	314
per cent of the total vote cast for all candidates for governor in	315
the area at the most recent general election at which a governor	316
was elected, requesting the board to submit the building code or	317
amendments to the electors of such area for approval or rejection	318
at the next primary or general election.	319

No building code or amendments for which the referendum vote	320
has been requested shall be put into effect unless a majority of	321
the vote cast on the issue is in favor of the building code or	322
amendments. Upon certification by the board of elections they take	323
immediate effect.	324

(C) TheFor the purpose of administering and enforcing the	325
residential or nonresidential building code, or both, established	326
under rules adopted by the board of building standards pursuant to	327
Chapter 3781. of the Revised Code, and the building regulations	328
adopted pursuant to division (A) of this section, the board of	329
township trustees may establishcreate a building regulation	330
department and employ personnel as it determines necessary for	331
such administration and enforcement. The board may direct the	332
building department to administer and enforce the residential or	333
nonresidential building code, or both, adopted by the board of	334
building regulationsstandards. Upon certification of the building	335
department under section 3781.10 of the Revised Code, the board of	336
township trustees may direct the township building department to	337
exercise enforcement authority and to accept and approve plans	338
pursuant to sections 3781.03 and 3791.04 of the Revised Code for	339
any other kind oron the condition that the building department	340
and personnel accept plans for only the class of building in the	341
unincorporated territory of the townshipfor which the building	342
department and personnel are certified under section 3781.10 of	343
the Revised Code.	344

For the purposes of administering and enforcing the building	345
regulations and building code, the board of township trustees may	346
create, establish, fill, and fix the compensation of the position	347
of township building inspector. The inspector shall be the chief	348
administrative officer of the township building regulation	349
department and shall administer and enforce the building	350
regulations and building code. In lieu of the creation of the	351
position of township building inspector, the board may assign the	352
duties of the inspector to an existing township officer if the	353
officer is certified pursuant to division (E) of section 3781.10	354
of the Revised Code.	355

(D) The board of township trustees may contract with any	356
municipal corporation or with a board of county commissioners for	357
the administration and enforcement of building regulations and the	358
building code, and any municipal corporation or board of county	359
commissioners may contract with a board of township trustees for	360
the administration and enforcement of the building regulations of	361
the municipal corporation or county and the building code.	362

Sec. 505.77.  (A) No person shall erect, construct, alter,	363
repair, or maintain any single-family, two-family, or three-family	364
dwellingsresidential building, as defined in section 3781.06 of	365
the Revised Code, within the unincorporated portion of any	366
township, if the board of township trustees has adoptedcreated a	367
standard code under section 505.75building department to	368
administer and enforce building regulations adopted pursuant to	369
division (A) of section 505.75 of the Revised Code and the	370
residential building code adopted by the board of building	371
standards pursuant to Chapter 3781. of the Revised Code, without	372
complying with the building regulations and residential building	373
code. No person shall erect, construct, alter, repair, or maintain	374
any residential, commercial, or industrial buildings or structures	375
within the unincorporated area of any township, if a board of	376
township trustees has enacted building regulations under section	377
505.75 of the Revised Code that are necessary for participation in	378
the national flood insurance program, without complying with such	379
regulations. If any building is being erected, constructed,	380
altered, repaired, or maintained in violation of the building	381
regulations or building code, the board or the township building	382
inspector, or any adjacent, contiguous, or neighboring property	383
owner who would be especially damaged by such violation, in	384
addition to the remedies provided by law, may institute a suit for	385
injunction, abatement, or other appropriate action to prevent the	386
violation of the building regulations or building code relating to	387
the erection, construction, alteration, repair, or maintenance of	388
such building.	389

(B) Sections 505.75 to 505.77 of the Revised Code do not	390
confer any power on any board with respect to the location,	391
erection, construction, reconstruction, change, alteration,	392
maintenance, removal, use, or enlargement of any buildings or	393
structures of any public utility or railroad, whether publicly or	394
privately owned, or the use of land by any public utility or	395
railroad for the operation of its business. Regulations or	396
amendmentsBuilding regulations adopted by the board shalland the	397
building code that the building department administers and	398
enforces do not affect buildings or structures which exist or on	399
which construction has begun on or before the date on which the	400
regulations or amendments are adopted bybuilding department	401
begins enforcement of the building code or the date the board	402
adopts the building regulations.	403

(C) No person shall violate any building regulation of the	404
board adopted under division (A) of section 505.75 of the Revised	405
Code. Each day during which an illegal location, erection,	406
construction, flood-proofingfloodproofing, repair, alteration, or	407
maintenance continues may be considered a separate offense.	408

Sec. 715.27.  (A) Any municipal corporation may:

409

(1) Regulate the erection of fences, billboards, signs, and	410
other structures, within the municipal corporation, and provide	411
for the removal and repair of insecure billboards, signs, and	412
other structures;	413

(2) Regulate the construction and repair of wires, poles,	414
plants, and all equipment to be used for the generation and	415
application of electricity;	416

(3) Provide for the licensing of house movers; plumbers;	417
sewer tappers; and vault cleaners; and specialty contractors who	418
are not required to hold a valid and unexpired license issued	419
pursuant to Chapter 4740. of the Revised Code.	420

A municipal corporation may, pursuant to division (A)(3) of	421
this section, require all specialty contractors other than those	422
who hold a valid and unexpired license issued pursuant to Chapter	423
4740. of the Revised Code, to successfully complete an	424
examination, test, or demonstration of technical skills, and may	425
impose a fee and additional requirements for a license or	426
registration to engage in their respective occupations within the	427
jurisdiction of the municipal corporation.	428

(B) No municipal corporation shall require any specialty	429
contractor who holds a valid and unexpired license issued pursuant	430
to Chapter 4740. of the Revised Code to successfully complete an	431
examination, test, or demonstration of technical skills in order	432
to engage in the type of contracting for which the license is	433
held, within the municipal corporation.	434

(C) For a specialty contractor who holds a valid and	435
unexpired license issued pursuant to Chapter 4740. of the Revised	436
Code, before that specialty contractor may engage in the type of	437
contracting for which the license is held within the municipal	438
corporation, a municipal corporation may require the contractor to	439
register with the municipal corporation and may impose a fee,	440
provided that the fee is the same for all specialty contractors	441
who wish to engage in that type of contracting, and may require a	442
bond and proof of all of the following:	443

(1) Insurance pursuant to division (B)(4) of section 4740.06	444
of the Revised Code;	445

(2) Compliance with Chapters 4121. and 4123. of the Revised	446
Code;	447

(3) Registration with the tax department of the municipal	448
corporation.	449

If a municipal corporation requires registration, imposes	450
such a fee, or requires a bond or proof of the items listed in	451
divisions (C)(1), (2), and (3) of this section, the municipal	452
corporation immediately shall permit a contractor who presents	453
proof of holding a valid and unexpired license issued pursuant to	454
Chapter 4740. of the Revised Code, who registers, pays the fee,	455
obtains a bond, and submits the proof described under divisions	456
(C)(1), (2), and (3) of this section, as required, to engage in	457
the type of contracting for which the license is held, within the	458
municipal corporation.	459

(D) A municipal corporation may revoke the registration of a	460
contractor registered with that municipal corporation for good	461
cause shown. Good cause shown includes the failure of a contractor	462
to maintain a bond or the items listed in divisions (C)(1), (2),	463
and (3) of this section, if the municipal corporation requires	464
those.	465

(E) A municipal corporation that licensesrequires specialty	466
contractors pursuant to division (A)(3) of this section may	467
accept, for purposes of satisfying the requirements of that	468
division,register with the municipal corporation shall not	469
register a special contractor who does not have a valid and	470
unexpired license issued pursuant to Chapter 4740. of the Revised	471
Code that is held by a specialty contractor, for the construction,	472
replacement, maintenance, or repair of one-family, two-family, or	473
three-family dwelling houses or accessory structures incidental to	474
those dwelling houses.	475

(F) As used in this section, "specialty contractor" means a	476
heating, ventilating, and air conditioning contractor,	477
refrigeration contractor, electrical contractor, plumbing	478
contractor, or hydronics contractor, or residential contractor, as	479
those terms are defined in section 4740.01 of the Revised Code.	480

Sec. 1312.01. As used in this chapter:

481

(A) "Claimant" means a homeowner or prospective homeowner who	482
asserts a claim against a residential contractor concerning a	483
construction defect.	484

(B) "Construction defect" means a deficiency or perceived	485
deficiency that arises directly or indirectly out of the design,	486
construction, alteration, or renovation of or addition to a	487
residential building that is the subject of a claim against a	488
residential contractor.	489

(C) "Dwelling action" means any civil action in contract or	490
tort for damages or indemnity brought against a residential	491
contractor for damages or the loss of use of real property caused	492
by a construction defect.	493

(D) "Residential building" has the same meaning as in section	494
3781.06 of the Revised Code.	495

(E) "Residential contractor" has the same meaning as in	496
section 4740.01 of the Revised Code.	497

Sec. 1312.02. (A) Before a claimant commences arbitration	498
proceedings or brings a dwelling action against a residential	499
contractor, the claimant, at least ninety days before commencing	500
that proceeding or filing that dwelling action, shall serve a	501
claim notice asserting a claim involving construction defects on	502
the residential contractor.	503

(B) The claimant shall include all of the following	504
information in the claim notice:	505

(1) The name, address, and telephone number of the claimant	506
and residential contractor;	507

(2) The address of the residential building that is the	508
subject of the claim;	509

(3) A statement asserting a claim involving construction	510
defects;	511

(4) An itemized list of every construction defect for which	512
the claim is asserted;	513

(5) A copy of any documentation concerning construction	514
defects produced by a third party who inspected the construction	515
defects for the claimant.	516

(C) A claimant shall provide to a residential contractor	517
evidence or a description of evidence depicting the nature and, if	518
known, the cause of the construction defects and, if known, the	519
nature and extent of repairs necessary to remedy the construction	520
defects, if the residential contractor requests this information.	521

Sec. 1312.03. (A) By not later than twenty-one days after	522
service of a claim notice under section 1312.02 of the Revised	523
Code is complete, a residential contractor shall serve on the	524
claimant a good faith written response to the claim notice. In the	525
response, the residential contractor shall indicate one of the	526
following:	527

(1) That the residential contractor is offering to inspect	528
the residential building that is the subject of the claim;	529

(2) That the residential contractor is offering to compromise	530
and settle the claim without an inspection;	531

(3) That the residential contractor disputes the claim and	532
will not remedy the defect or compromise and settle the claim.	533

(B) If a residential contractor fails to comply with division	534
(A) of this section, a claimant may commence an arbitration	535
proceeding or file a dwelling action without further notice to the	536
residential contractor and may preclude the residential contractor	537
from asserting that the claimant failed to comply with this	538
chapter.	539

(C) If a residential contractor makes or provides for repairs	540
or replacements to remedy a construction defect, the residential	541
contractor may take reasonable steps to document the repair and to	542
inspect the repair or have it inspected.	543

Sec. 1312.04. (A) If a claimant rejects a residential	544
contractor's offer either to inspect the residential building that	545
is the subject of a claim or to settle the claim without an	546
inspection, the claimant shall, within fourteen days after	547
receiving notice of this offer, provide to the residential	548
contractor written notice of the rejection that includes the	549
reason for the rejection. After providing this notice, a claimant	550
may commence an arbitration proceeding or file a dwelling action.	551

(B) If a claimant agrees to allow a residential contractor to	552
inspect the residential building that is the subject of a claim,	553
the claimant shall, within fourteen days after receiving notice of	554
this offer to inspect pursuant to division (A) of section 1312.03	555
of the Revised Code, allow reasonable access to the residential	556
building during normal working hours. The residential contractor	557
shall inspect the residential building and undertake reasonable	558
measures, including but not limited to testing, to determine the	559
nature and cause of the construction defects and the appropriate	560
remedy.	561

(C) By not later than fourteen days after a residential	562
contractor conducts an inspection described in division (B) of	563
this section, the residential contractor must serve on the	564
claimant one of the following:	565

(1) A written offer to remedy the defect at no cost to the	566
claimant along with all of the following:	567

(a) An inspection report;

568

(b) A prediction of the additional construction necessary to	569
remedy the defects;	570

(c) A timetable for completion of the construction necessary	571
to remedy the defects.	572

(2) A written offer to settle the claim;

573

(3) A written statement that the residential contractor does	574
not intend to remedy the construction defects.	575

(D) A claimant may commence an arbitration proceeding or file	576
a dwelling action if a residential contractor fails to remedy	577
construction defects within the time specified in a notice served	578
on the claimant by the residential contractor pursuant to division	579
(C)(1) of this section or fails to settle the claim as promised in	580
a notice served on the claimant by the residential contractor	581
pursuant to division (C)(2) of this section.	582

(E) If a claimant rejects a residential contractor's offer to	583
remedy construction defects or settle a claim, the claimant,	584
within fourteen days after receiving notice of this offer, shall	585
serve on the residential contractor written notice of the	586
rejection that includes the reason for the rejection. After	587
service of this rejection notice is complete, the claimant may	588
commence an arbitration proceeding or file a dwelling action.	589

Sec. 1312.05. Service of any notice under this chapter tolls	590
all applicable statutes of limitations or repose until sixty days	591
after the end of the time period allowed under this chapter for	592
serving a notice.	593

If a claimant files a dwelling action without first complying	594
with this chapter, the court shall dismiss the dwelling action	595
without prejudice. The claimant may file the dwelling action again	596
after the claimant complies with this chapter.	597

This chapter does not apply to personal injury or death	598
claims.	599

Sec. 3703.01.  The division of industrial compliance in the	600
department of commerce shall:	601

(A) Inspect all nonresidential buildings within the meaning	602
of section 3781.06 of the Revised Code;	603

(B) Condemn all unsanitary or defective plumbing that is	604
found in connection with such places;	605

(C) Order such changes in plumbing as are necessary to insure	606
the safety of the public health.	607

The division of industrial compliance and boards of health of	608
city and general health districts shall not inspect plumbing or	609
collect fees for inspecting plumbing in particular types of	610
buildings in any municipal corporation that has been certified by	611
the board of building standards under section 3781.10 of the	612
Revised Code to exercise enforcement authority for plumbing in	613
such types of buildings.	614

The division shall not inspect plumbing or collect fees for	615
inspecting plumbing in particular types of buildings in any health	616
district that has employed one or more approved plumbing	617
inspectors to enforce Chapters 3781. and 3791. of the Revised Code	618
and the regulationsrules adopted pursuant thereto relating to	619
plumbing in such types of buildings.	620

A municipal corporation does not have jurisdiction to inspect	621
plumbing or collect fees for the inspection of plumbing in types	622
of buildings for which it has not been certified by the board of	623
building standards under section 3781.10 of the Revised Code to	624
exercise enforcement authority for plumbing in such types of	625
buildings. A board of health of a health district does not have	626
jurisdiction to inspect plumbing or collect fees for the	627
inspection of plumbing in types of buildings for which it does not	628
have an approved plumbing inspector for such types of buildings.	629

The superintendent of industrial compliance shall adopt rules	630
prescribing minimum qualifications based on education, training,	631
experience, or demonstrated ability, which the director shall use	632
in approving plumbing inspectors to do plumbing inspections for	633
health districts. Such minimum qualifications shall be related to	634
the types of buildings for which a person seeks approval.	635

Standards and methods prescribed in local plumbing	636
regulations shall not be less than those prescribed in Chapters	637
3781. and 3791. of the Revised Code and the regulationsrules	638
adopted thereunder.	639

TheNotwithstanding any other provision of this section, the	640
division shall make a plumbing inspection of any building or other	641
place that there is reason to believe is in such a condition as to	642
be a menace to the public health.	643

Sec. 3722.02.  A person seeking a license to operate an adult	644
care facility shall submit to the director of health an	645
application on a form prescribed by the director and the	646
following:	647

(A) In the case of an adult group home seeking licensure as	648
an adult care facility, evidence that the home has been inspected	649
and approved by a local certified building department or by the	650
division of industrial compliance in the department of commerce as	651
meeting the applicable requirements of sections 3781.06 to	652
3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code and	653
any rules adopted under those sections and evidence that the home	654
has been inspected by the state fire marshal or fire prevention	655
officer of a municipal, township, or other legally constituted	656
fire department approved by the state fire marshal and found to be	657
in compliance with rules adopted under section 3737.83 of the	658
Revised Code regarding fire prevention and safety in adult group	659
homes;	660

(B) Valid approvals of the facility's water and sewage	661
systems issued by the responsible governmental entity, if	662
applicable;	663

(C) A statement of ownership containing the following	664
information:	665

(1) If the owner is an individual, the owner's name, address,	666
telephone number, business address, business telephone number, and	667
occupation. If the owner is an association, corporation, or	668
partnership, the business activity, address, and telephone number	669
of the entity and the name of every person who has an ownership	670
interest of five per cent or more in the entity.	671

(2) If the owner does not own the building or if the owner	672
owns only part of the building in which the facility is housed,	673
the name of each person who has an ownership interest of five per	674
cent or more in the building;	675

(3) The address of any adult care facility and any facility	676
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	677
Revised Code in which the owner has an ownership interest of five	678
per cent or more;	679

(4) The identity of the manager of the adult care facility,	680
if different from the owner;	681

(5) The name and address of any adult care facility and any	682
facility described in divisions (A)(9)(a) to (i) of section	683
3722.01 of the Revised Code with which either the owner or manager	684
has been affiliated through ownership or employment in the five	685
years prior to the date of the application;	686

(6) The names and addresses of three persons not employed by	687
or associated in business with the owner who will provide	688
information about the character, reputation, and competence of the	689
owner and the manager and the financial responsibility of the	690
owner;	691

(7) Information about any arrest of the owner or manager for,	692
or adjudication or conviction of, a criminal offense related to	693
the provision of care in an adult care facility or any facility	694
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	695
Revised Code or the ability to operate a facility;	696

(8) Any other information the director may require regarding	697
the owner's ability to operate the facility.	698

(D) If the facility is an adult group home, a balance sheet	699
showing the assets and liabilities of the owner and a statement	700
projecting revenues and expenses for the first twelve months of	701
the facility's operation;	702

(E) Proof of insurance in an amount and type determined in	703
rules adopted by the public health council pursuant to this	704
chapter to be adequate;	705

(F) A nonrefundable license application fee in an amount	706
established in rules adopted by the public health council pursuant	707
to this chapter.	708

Sec. 3722.041.  (A) Sections 3781.06 to 3781.18, 3781.181,	709
3781.182, and 3791.04 of the Revised Code do not apply to an adult	710
family home for which application is made to the director of	711
health for licensure as an adult care facility under this chapter.	712
Adult family homes shall not be required to submit evidence to the	713
director of health that the home has been inspected by a local	714
certified building department or the division of industrial	715
compliance in the department of commerce or by the state fire	716
marshal or a fire prevention officer under section 3722.02 of the	717
Revised Code, but shall be inspected by the director of health to	718
determine compliance with this section. An inspection made under	719
this section may be made at the same time as an inspection made	720
under section 3722.04 of the Revised Code.	721

(B) The director shall not license or renew the license of an	722
adult family home unless it meets the fire protection standards	723
established by rules adopted by the public health council pursuant	724
to this chapter.	725

Sec. 3781.01. (A) Chapters 3781. and 3791. of the Revised	726
Code do not prevent the legislative authority of a municipal	727
corporation from making further and additional regulations, not in	728
conflict with such chapters or with the rules and regulations of	729
the board of building standards. Such chapters or the rules and	730
regulations of the board of building standards do not modify or	731
repeal any portion of any building code adopted by a municipal	732
corporation and in force on September 13, 1911, which is not in	733
direct conflict with such chapters or with such rules and	734
regulations.	735

(B) The statewide uniform residential building code	736
established under rules adopted by the board pursuant to section	737
3781.10 of the Revised Code does not prevent a local government	738
authority from making further and additional regulations upon	739
subject matter that is not addressed by and not in conflict with	740
that residential building code.	741

(C)(1) In the event that a local governing authority makes	742
regulations as described in division (B) of this section, the	743
local governing authority shall, and any person may, notify the	744
board of building standards of the regulation and request a	745
determination regarding a possible conflict with the residential	746
building code.	747

(2) Not later than sixty days after the date of receipt of a	748
notice under division (C)(1) of this section, the board shall	749
determine whether the regulation conflicts with the residential	750
building code and shall notify the local governing authority that	751
has made the regulation and, in the case of a person who has	752
submitted the notice under division (C)(1) of this section, the	753
person who submitted the notice, of the board's determination.	754

(3) If in the opinion of the board a conflict does not exist,	755
then no further action with regard to the regulation shall be	756
taken by the board. If in the opinion of the board a conflict does	757
exist, and the regulation is not necessary to protect the health	758
or safety of the persons within the jurisdiction of the local	759
governing authority that made the regulation, then the regulation	760
is not valid or enforceable by the local governing authority. If	761
the board determines that a conflict does exist but that the	762
regulation is necessary to protect the health or safety of the	763
persons within the jurisdiction of the local governing authority	764
that made the regulation, then the board shall adopt a rule to	765
incorporate the regulation into the residential building code.	766
Until the time that the rule becomes a part of the residential	767
building code, the board shall grant a variance to the appropriate	768
jurisdiction and to all similarly situated political subdivisions	769
to which the board determines the variance should apply.	770

(D) As used in this section, "local governing authority"	771
means a board of county commissioners, a board of township	772
trustees, or the legislative authority of a municipal corporation.	773

Sec. 3781.03.  The fire marshal or fire chief of municipal	774
corporations having fire departments or the fire chief of	775
townships having fire departments shall enforce all provisions of	776
Chapters 3781. and 3791. of the Revised Code relating to fire	777
prevention.	778

The superintendent of the division of industrial compliance,	779
the building inspector or commissioner of buildings in municipal	780
corporations whose building departments have been certified by the	781
board of building standards under section 3781.10 of the Revised	782
Code, the building inspector or commissioner of buildings in	783
townships whose building departments have been certified by the	784
board of building standards under section 3781.10 of the Revised	785
Code, and, in the unincorporated territory of counties outside the	786
boundaries of townships that have adoptedadminister and enforce	787
building regulations and the building code under sections 505.75	788
to 505.77 of the Revised Code, the building inspector or	789
commissioner of buildings in counties whose building departments	790
have been certified by the board of building standards under	791
section 3781.10 of the Revised Code, shall enforce all the	792
provisions in such chapters and any regulationsrules adopted	793
pursuant thereto relating to construction, arrangement, and the	794
erection of all buildings or parts thereof, as defined in section	795
3781.06 of the Revised Code, including the sanitary condition of	796
the same in relation to heating and ventilation.	797

The division of industrial compliance in the department of	798
commerce or the boards of health of health districts, or the	799
certified departments of building inspection of municipal	800
corporations, subject to the applicable provisions of Chapter	801
3703. of the Revised Code, shall enforce such chapters and	802
regulations relating to plumbing.	803

The department of the city engineer, in cities having such	804
departments, shall have complete supervision and regulation of the	805
entire sewerage and drainage system of the city, including the	806
house drain and the house sewer and all laterals draining into the	807
street sewers.	808

The department of the city engineer shall have control and	809
supervision of the installation and construction of all drains and	810
sewers that become a part of the sewerage system of the city and	811
shall issue all the necessary permits and licenses for the	812
construction and installation of all house drains and house sewers	813
and of all other lateral drains that empty into the main sewers.	814
The department shall keep a permanent record of the installation	815
and location of every drain and sewer of the drainage and sewerage	816
system of the city.	817

This section does not exempt any officer or department from	818
the obligation to enforce Chapters 3781. and 3791. of the Revised	819
Code.	820

Sec. 3781.031.  Before any department or agency of the state	821
or any political subdivision attempts to enforce Chapters 3781.	822
and 3791. of the Revised Code or any rules or regulations adopted	823
pursuant thereto, by any remedy, civil or criminal, it shall issue	824
an adjudication order within the meaning of sections 119.06 to	825
119.13, inclusive, of the Revised Code, or a stop work order as	826
provided herein.	827

Any person charged with the duty of enforcing Chapters 3781.	828
and 3791. of the Revised Code or the rules or regulations adopted	829
pursuant thereto may issue a stop work order whenever hethe	830
person finds, after inspection, that the site preparations or	831
structure to be constructed, or in the case of an industrialized	832
unit, the installation of the unit, or that the use of an	833
appliance, material, assemblage, or manufactured product does not	834
comply with the provisions of Chapters 3781. and 3791. of the	835
Revised Code or the rules or regulations adopted pursuant thereto.	836
The effect of such an order shall be limited to the matter	837
specified therein.	838

Every adjudication order shall specify what appliances, site	839
preparations, additions, or alterations to structures, plans,	840
materials, assemblages, or procedures are necessary for the same	841
to comply with Chapters 3781. and 3791. of the Revised Code.	842

Upon the issuance of any order provided for herein, the	843
person receiving such order shall cease work upon the site	844
preparations or structure to be constructed, or in the case of an	845
industrialized unit, the installation of the unit, or shall cease	846
using the appliance, materials, assemblages, or manufactured	847
product identified in the order until such time as the appeal	848
provided for in accordance with the provisions of section 3781.19	849
of the Revised Code, and all appeals from such hearing have been	850
completed, or the order issued herein has been released.	851

Notwithstanding the provisions of Chapter 119. of the Revised	852
Code relating to adjudication hearings and the proceedings	853
thereon, a stenographic or mechanical record of the testimony and	854
other evidence submitted shall be taken at the expense of the	855
agency; a party adversely affected by an order issued following	856
such adjudication hearing may appeal to the court of common pleas	857
of the county in which hethe party is a resident or in which the	858
premises affected by such order is located; the court in such case	859
shall not be confined to the record as certified to it by the	860
agency but any party may produce additional evidence and the court	861
shall hear the matter upon such record and such additional	862
evidence as is introduced by any party; and the court shall not	863
affirm the order of the agency unless the preponderance of the	864
evidence before it supports the reasonableness and lawfulness of	865
such order and of any rule or regulation of the board of building	866
standards upon which the order of the agency is based in its	867
application to the particular set of facts or circumstances	868
involved in the appeal.	869

Failure to cease work after receipt of a stop work order is	870
hereby declared a public nuisance.	871

Sec. 3781.06.  (A)(1) Any building that may be used as a	872
place of resort, assembly, education, entertainment, lodging,	873
dwelling, trade, manufacture, repair, storage, traffic, or	874
occupancy by the public, any residential building, and all other	875
buildings or parts and appurtenances thereof erected within this	876
state, shall be so constructed, erected, equipped, and maintained	877
that they shall be safe and sanitary for their intended use and	878
occupancy, except that sections 3781.06 to 3781.18 and 3791.04 of	879
the Revised Code shall be considered as model provisions with no	880
force and effect when applied to single-family, two-family, and	881
three-family dwelling houses, and accessory structures incidental	882
to those dwelling houses, that have not been constructed or	883
erected as industrialized one-family, two-family, or three-family	884
units or structures within the meaning of the term "industrialized	885
unit" as provided in division (C)(3) of this section, except where	886
the context specifies mandatory applicability.	887

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	888
Revised Code shall be construed to limit the power of the public	889
health council to adopt rules of uniform application governing	890
manufactured home parks pursuant to section 3733.02 of the Revised	891
Code.	892

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	893
Code shall not apply to either of the following:	894

(1) Buildings or structures that are incident to the use for	895
agricultural purposes of the land on which such buildings or	896
structures are located, provided such buildings or structures are	897
not used in the business of retail trade. For purposes of this	898
division, a building or structure is not considered used in the	899
business of retail trade if fifty per cent or more of the gross	900
income received from sales of products in the building or	901
structure by the owner or operator is from sales of products	902
produced or raised in a normal crop year on farms owned or	903
operated by the seller.	904

(2) Existing single-family, two-family, and three-family	905
detached dwelling houses for which applications have been	906
submitted to the director of job and family services pursuant to	907
section 5104.03 of the Revised Code for the purposes of operating	908
type A family day-care homes as defined in section 5104.01 of the	909
Revised Code.	910

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	911
Revised Code:	912

(1) "Agricultural purposes" include agriculture, farming,	913
dairying, pasturage, apiculture, horticulture, floriculture,	914
viticulture, ornamental horticulture, olericulture, pomiculture,	915
and animal and poultry husbandry.	916

(2) "Building" means any structure consisting of foundations,	917
walls, columns, girders, beams, floors, and roof, or a combination	918
of any number of these parts, with or without other parts or	919
appurtenances.	920

(3) "Industrialized unit" means a building unit or assembly	921
of closed construction fabricated in an off-site facility, that is	922
substantially self-sufficient as a unit or as part of a greater	923
structure, and that requires transportation to the site of	924
intended use. "Industrialized unit" includes units installed on	925
the site as independent units, as part of a group of units, or	926
incorporated with standard construction methods to form a	927
completed structural entity. "Industrialized unit" does not	928
include a manufactured home as defined by division (C)(4) of this	929
section or a mobile home as defined by division (O) of section	930
4501.01 of the Revised Code.	931

(4) "Manufactured home" means a building unit or assembly of	932
closed construction that is fabricated in an off-site facility and	933
constructed in conformance with the federal construction and	934
safety standards established by the secretary of housing and urban	935
development pursuant to the "Manufactured Housing Construction and	936
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	937
5403, and that has a permanent label or tag affixed to it, as	938
specified in 42 U.S.C.A. 5415, certifying compliance with all	939
applicable federal construction and safety standards.	940

(5) "Permanent foundation" means permanent masonry, concrete,	941
or a locally approved footing or foundation, to which a	942
manufactured or mobile home may be affixed.	943

(6) "Permanently sited manufactured home" means a	944
manufactured home that meets all of the following criteria:	945

(a) The structure is affixed to a permanent foundation and is	946
connected to appropriate facilities;	947

(b) The structure, excluding any addition, has a width of at	948
least twenty-two feet at one point, a length of at least	949
twenty-two feet at one point, and a total living area, excluding	950
garages, porches, or attachments, of at least nine hundred square	951
feet;	952

(c) The structure has a minimum 3:12 residential roof pitch,	953
conventional residential siding, and a six-inch minimum eave	954
overhang, including appropriate guttering;	955

(d) The structure was manufactured after January 1, 1995;

956

(e) The structure is not located in a manufactured home park	957
as defined by section 3733.01 of the Revised Code.	958

(7) "Safe," with respect to a building, means it is free from	959
danger or hazard to the life, safety, health, or welfare of	960
persons occupying or frequenting it, or of the public and from	961
danger of settlement, movement, disintegration, or collapse,	962
whether such danger arises from the methods or materials of its	963
construction or from equipment installed therein, for the purpose	964
of lighting, heating, the transmission or utilization of electric	965
current, or from its location or otherwise.	966

(8) "Sanitary," with respect to a building, means it is free	967
from danger or hazard to the health of persons occupying or	968
frequenting it or to that of the public, if such danger arises	969
from the method or materials of its construction or from any	970
equipment installed therein, for the purpose of lighting, heating,	971
ventilating, or plumbing.	972

(9) "Residential building" means a one-family, two-family, or	973
three-family dwelling house, and accessory structures incidental	974
to those dwelling houses. "Residential building" includes a	975
one-family, two-family, or three-family dwelling house that is	976
used as a model for the purpose of promoting the sale of similar	977
dwelling houses.	978

(10) "Nonresidential building" means any building that is not	979
a residential building.	980

(11) "Accessory structure" means a structure that satisfies	981
all of the following criteria:	982

(a) Is constructed or installed on, above, or below the	983
surface of a lot of real property;	984

(b) Is located on the same lot as a residential building;

985

(c) Is subordinate to or serves the principal use of the	986
residential building;	987

"Accessory structure" includes but is not limited to a	988
garage, greenhouse, shed, porch, and storage facility.	989

Sec. 3781.10.  The board of building standards shall:

990

(A) Formulate and adopt rules governing the erection,	991
construction, repair, alteration, and maintenance of all buildings	992
or classes of buildings specified in section 3781.06 of the	993
Revised Code, including land area incidental thereto, the	994
construction of industrialized units, the installation of	995
equipment, and the standards or requirements for materials to be	996
used in connection therewith, and incorporate those rules into	997
separate residential and nonresidential building codes. The	998
standards shall relate to the conservation of energy in and to the	999
safety and sanitation of such buildings. The rules governing	1000
nonresidential buildings shall be the lawful minimum requirements	1001
specified for suchnonresidential buildings or industrialized	1002
units, except that no rule, except as provided in division (C) of	1003
section 3781.108 of the Revised Code, which specifies a higher	1004
requirement than is imposed by any section of the Revised Code	1005
shall be enforceable; the rules governing residential buildings	1006
shall be the statewide uniform requirements specified for	1007
residential buildings; the rules shall be acceptable as complete	1008
lawful alternatives to the requirements specified for such	1009
buildings or industrialized units in any section of the Revised	1010
Code; and the board shall on its own motion, or on application	1011
made under sections 3781.12 and 3781.13 of the Revised Code,	1012
formulate, propose, adopt, modify, amend, or repeal the rules to	1013
the extent necessary or desirable to effectuate the purposes of	1014
sections 3781.06 to 3781.18 of the Revised Code.	1015

(B) Formulate and report to the general assembly such	1016
amendments in existing statutes relating to the purposes declared	1017
in section 3781.06 of the Revised Code as public health and safety	1018
and the development of the arts require and such additional	1019
legislation as it recommends with a view to carrying out fully, in	1020
statutory form, the purposes declared in such section; and prepare	1021
and submit to the general assembly a summary report of the number,	1022
nature, and disposition of the petitions filed under sections	1023
3781.13 and 3781.14 of the Revised Code;	1024

(C) Determine by rule, on its own motion or on application	1025
made under sections 3781.12 and 3781.13 of the Revised Code, and	1026
after thorough testing and evaluation that any particular fixture,	1027
device, material, process of manufacture, manufactured unit or	1028
component, method of manufacture, system, or method of	1029
construction, complies with performance standards adopted pursuant	1030
to section 3781.11 of the Revised Code, having regard to its	1031
adaptability for safe and sanitary erection, use, or construction,	1032
to that described in any section of the Revised Code, wherever the	1033
use of a fixture, device, material, method of manufacture, system,	1034
or method of construction which is described in such section of	1035
the Revised Code, is permitted by law; and on like application	1036
amend or annul any such rule or issue an authorization for the use	1037
of a new material or manufactured unit; and no department,	1038
officer, board, or commission of the state other than the board of	1039
building standards or the board of building appeals shall permit	1040
the use of any fixture, device, material, method of manufacture,	1041
newly designed product, system, or method of construction at	1042
variance with what is described in any rule adopted or	1043
authorization issued by the board of building standards or in any	1044
section of the Revised Code. Nothing in this section shall be	1045
construed as requiring approval, by rule, of plans for an	1046
industrialized unit that conforms with the rules adopted by the	1047
board of building standards pursuant to section 3781.11 of the	1048
Revised Code.	1049

(D) Recommend to the bureau of workers' compensation, the	1050
director of commerce, or any other department, officer, board, or	1051
commission of the state, and to legislative authorities and	1052
building departments of counties, townships, and municipal	1053
corporations, the making, amending, fixing, or ordaining by such	1054
appropriate action as such state, county, township, or municipal	1055
authorities may be empowered by law or the constitution to take,	1056
of such rules, codes, or standards as shall tend to carry out the	1057
purposes declared in section 3781.06 of the Revised Code, with a	1058
view to securing uniformity of state administrative ruling; and	1059
local legislation and administrative action;	1060

(E) Certify municipal, township, and county building	1061
departments to exercise enforcement authority, to accept and	1062
approve plans and specifications, and to make inspections,	1063
pursuant to sections 3781.03 and 3791.04 of the Revised Code.	1064

The board also shall certify personnel of municipal,	1065
township, and county building departments, and persons and	1066
employees of persons, firms, or corporations as described in	1067
divisions (E)(1) and (2) of this section, to exercise enforcement	1068
authority, to accept and approve plans and specifications, and to	1069
make inspections, pursuant to sections 3781.03 and 3791.04 of the	1070
Revised Code. The board shall specify, in rules adopted pursuant	1071
to Chapter 119. of the Revised Code, the requirements that shall	1072
be satisfied for certification purposes, which requirements shall	1073
be consistent with this division. Except as otherwise provided in	1074
this division, the requirements shall include, but are not limited	1075
to, the satisfactory completion of an initial examination and, in	1076
order to remain certified, the completion of a specified number of	1077
hours of continuing building code education within each three-year	1078
period following the date of certification. In adopting the	1079
requirements, the board shall not specify less than thirty hours	1080
of continuing building code education within a three-year period;	1081
shall provide that continuing education credits, and certification	1082
issued, by the council of American building officials, national	1083
model code organizations, and agencies or entities recognized by	1084
the board, are acceptable for purposes of this division; and shall	1085
specify requirements that are compatible, to the extent possible,	1086
with requirements established by the council of American building	1087
officials and national model code organizations. The board shall	1088
establish and collect a certification and renewal fee for building	1089
department personnel, and persons and employees of persons, firms,	1090
or corporations as described in divisions (E)(1) and (2) of this	1091
section, certified pursuant to this division.	1092

All individuals certified pursuant to this division shall	1093
complete the number of hours of continuing building code education	1094
that the board requires or, for failure to do so, forfeit their	1095
certifications.	1096

This division does not require or authorize the certification	1097
by the board of personnel of municipal, township, and county	1098
building departments, and persons and employees of persons, firms,	1099
or corporations as described in divisions (E)(1) and (2) of this	1100
section, whose responsibilities do not include the exercise of	1101
enforcement authority, the approval of plans and specifications,	1102
or the making of inspections, under the Ohio building code.	1103

(1) Enforcement authority for approval of plans and	1104
specifications may be exercised, and plans and specifications may	1105
be approved, on behalf of a municipal corporation, township, or	1106
county, by any of the following who are certified by the board of	1107
building standards:	1108

(a) Officers or employees of the municipal corporation,	1109
township, or county;	1110

(b) Persons, or employees of persons, firms, or corporations,	1111
when such persons, firms, or corporations are under contract to	1112
furnish architectural or engineering services to the municipal	1113
corporation, township, or county, and such authority is exercised	1114
pursuant to such contract;	1115

(c) Officers or employees of any other municipal corporation,	1116
township, county, health district, or other political subdivision,	1117
or persons or employees of persons, firms, or corporations under	1118
contract with the same pursuant to division (E)(1)(b) of this	1119
section, when such other municipal corporation, township, county,	1120
health district, or other political subdivision is under contract	1121
to furnish architectural or engineering services to the municipal	1122
corporation, township, or county, and such authority is exercised	1123
pursuant to such contract.	1124

(2) Enforcement authority for inspections may be exercised,	1125
and inspections may be made, on behalf of a municipal corporation,	1126
township, or county, by any of the following who are certified by	1127
the board of building standards:	1128

(a) Officers or employees of the municipal corporation,	1129
township, or county;	1130

(b) Persons, or employees of persons, firms, or corporations,	1131
when such persons, firms, or corporations are under contract to	1132
furnish inspection services to the municipal corporation,	1133
township, or county, and such authority is exercised pursuant to	1134
such contract;	1135

(c) Officers or employees of any other municipal corporation,	1136
township, county, health district, or other political subdivision	1137
under contract to furnish inspection services to the municipal	1138
corporation, township, or county, when such authority is exercised	1139
pursuant to such contract.	1140

(3) Municipal, township, and county building departments	1141
shall have jurisdiction within the meaning of sections 3781.03 and	1142
3791.04 of the Revised Code, only with respect to the types of	1143
buildings and subject matters as to which they have been certified	1144
under this section and as to which such certification remains in	1145
effect.	1146

(4) Such certification shall be upon application by the	1147
municipal corporation, the board of township trustees, or the	1148
board of county commissioners and approval of such application by	1149
the board of building standards. Such application shall set forth:	1150

(a) The types of building occupancies as to whichWhether the	1151
certification is requested for residential or nonresidential	1152
buildings, or both;	1153

(b) The number and qualifications of the staff composing the	1154
building department;	1155

(c) The names, addresses, and qualifications of persons,	1156
firms, or corporations contracting to furnish work or services	1157
pursuant to divisions (E)(1)(b) and (2)(b) of this section;	1158

(d) The names of other municipal corporations, townships,	1159
counties, health districts, or other political subdivisions	1160
contracting to furnish work or services pursuant to divisions	1161
(E)(1)(c) and (2)(c) of this section;	1162

(e) The proposed budget for the operation of suchthe	1163
building department.	1164

(5) The board of building standards shall adopt rules	1165
governing:	1166

(a) The certification of building department personnel and of	1167
those persons and employees of persons, firms, or corporations	1168
exercising authority pursuant to divisions (E)(1) and (2) of this	1169
section. Any employee of the department or person who contracts	1170
for services with the department is disqualified from performing	1171
services for the department when the same would require the	1172
employee or person to pass upon, inspect, or otherwise exercise	1173
any authority given by the Ohio building code over any labor,	1174
material, or equipment furnished by the employee or person for the	1175
construction, alteration, or maintenance of a building or the	1176
preparation of working drawings or specifications for work within	1177
the jurisdictional area of the department. The department shall	1178
provide other similarly qualified personnel to enforce the	1179
requirements of the Ohio building code as it pertains to such	1180
work.	1181

(b) The minimum services to be provided by a certified	1182
building department.	1183

(6) Such certification may be revoked or suspended with	1184
respect to any or allenforcement of the residential or	1185
nonresidential building occupancies to which it relatescode, or	1186
for enforcement of both codes, on petition to the board of	1187
building standards by any person affected by such enforcement or	1188
approval of plans, or by the board on its own motion. Hearings	1189
shall be held and appeals permitted on any such proceedings for	1190
certification or for revocation or suspension of certification in	1191
the same manner as provided in section 3781.101 of the Revised	1192
Code for other proceedings of the board of building standards.	1193

(7) Upon certification, and until such authority is revoked,	1194
county and township building departments shall enforce such rules	1195
over those occupancies listed in the applicationgoverning the	1196
residential and nonresidential buildings to which its	1197
certification applies without regard to limitation upon the	1198
authority of boards of county commissioners under Chapter 307. of	1199
the Revised Code or boards of township trustees under Chapter 505.	1200
of the Revised Code.	1201

(8) In certifying building departments and personnel thereof,	1202
persons and employees of persons, firms, and corporations	1203
described in divisions (E)(1) and (2) of this section, the board	1204
shall certify departments, personnel, and persons as residential	1205
or nonresidential, or both. A department and personnel and other	1206
persons certified as:	1207

(a) Residential, only may enforce the residential building	1208
code;	1209

(b) Nonresidential, only may enforce the nonresidential	1210
building code;	1211

(c) Both residential and nonresidential, may enforce the	1212
residential and nonresidential building codes.	1213

In adopting rules under division (E) of this section, the	1214
board shall specify the qualifications and requirements for	1215
certification as residential and nonresidential departments,	1216
personnel, and persons, and those qualifications and requirements	1217
may, as the board determines appropriate, differ. The board shall	1218
not require a building department or its personnel or any other	1219
personnel or person to be certified for residential buildings if	1220
the building department for which the personnel or persons are	1221
employed does not enforce the residential code.	1222

(F) Conduct such hearings, in addition to those required by	1223
sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, and	1224
make such investigations and tests, and require from other state	1225
departments, officers, boards, and commissions such information as	1226
the board considers necessary or desirable in order to assist it	1227
in the discharge of any duty or in the exercise of any power	1228
mentioned in this section or in sections 3781.06 to 3781.18 and	1229
3791.04 of the Revised Code;	1230

(G) Formulate rules and establish reasonable fees for the	1231
review of all applications submitted where the applicant applies	1232
for authority to use a new material, assembly, or product of a	1233
manufacturing process. The fee established shall bear some	1234
reasonable relationship to the cost of such review or testing of	1235
the materials, assembly, or products submitted and notification of	1236
approval or disapproval as provided in section 3781.12 of the	1237
Revised Code.	1238

(H) Compile and publish, in the form of a model code, rules	1239
pertaining to one-family, two-family, and three-family dwelling	1240
houses that any municipal corporation, township, or county may	1241
incorporate into its building codeReceive from the residential	1242
construction advisory committee the residential building code that	1243
the committee recommends pursuant to division (C)(1) of section	1244
4740.14 of the Revised Code and, upon receipt of a recommendation	1245
from the committee that is acceptable to the board, the board	1246
shall adopt rules establishing that code as the statewide uniform	1247
residential building code;	1248

(I) Cooperate with the director of job and family services	1249
when the director promulgates rules pursuant to section 5104.05 of	1250
the Revised Code regarding safety and sanitation in type A family	1251
day-care homes;	1252

(J) Adopt rules to implement the requirements of section	1253
3781.108 of the Revised Code.	1254

Sec. 3781.102.  (A) Any county or municipal building	1255
department certified pursuant to division (E) of section 3781.10	1256
of the Revised Code as of September 14, 1970, and that, as of that	1257
date, was inspecting single-family, two-family, and three-family	1258
residences, and any township building department certified	1259
pursuant to division (E) of section 3781.10 of the Revised Code,	1260
is hereby declared to be certified to inspect single-family,	1261
two-family, and three-family residences containing industrialized	1262
units, and such building department shall inspect the buildings or	1263
classes of buildings subject to the provisions of division (E) of	1264
section 3781.10 of the Revised Code.	1265

(B) Each board of county commissioners may adopt, by	1266
resolution, rules establishing standards and providing for the	1267
licensing of electrical and heating, ventilating, and air	1268
conditioning contractors who are not required to hold a valid and	1269
unexpired license pursuant to Chapter 4740. of the Revised Code.	1270

RulesRegulations adopted by a board of county commissioners	1271
pursuant to this division (A) of section 307.37 of the Revised	1272
Code may be enforced within the unincorporated areas of the county	1273
and within any municipal corporation where the legislative	1274
authority of the municipal corporation has contracted with the	1275
board for the enforcement of the county rules within the municipal	1276
corporation pursuant to section 307.15 of the Revised Code. The	1277
rules shall not conflict with the building code established under	1278
rules adopted by the board of building standards pursuant to	1279
section 3781.10 of the Revised Code or with rules adopted by the	1280
department of commerce pursuant to Chapter 3703. of the Revised	1281
Code. This division does not impair or restrict the power of	1282
municipal corporations under Section 3 of Article XVIII, Ohio	1283
Constitution, to adopt rules concerning the erection,	1284
construction, repair, alteration, and maintenance of	1285
nonresidential buildings and structures or of establishing	1286
standards and providing for the licensing of specialty contractors	1287
pursuant to section 715.27 of the Revised Code.	1288

A board of county commissioners, pursuant to this division,	1289
may require all electrical contractors and heating, ventilating,	1290
and air conditioning contractors, other than those who hold a	1291
valid and unexpired license issued pursuant to Chapter 4740. of	1292
the Revised Code, to successfully complete an examination, test,	1293
or demonstration of technical skills, and may impose a fee and	1294
additional requirements for a license to engage in their	1295
respective occupations within the jurisdiction of the board's	1296
rules under this division.	1297

(C) No board of county commissioners shall require any	1298
specialty contractor who holds a valid and unexpired license	1299
issued pursuant to Chapter 4740. of the Revised Code to	1300
successfully complete an examination, test, or demonstration of	1301
technical skills in order to engage in the type of contracting for	1302
which the license is held, within the unincorporated areas of the	1303
county and within any municipal corporation whose legislative	1304
authority has contracted with the board for the enforcement of	1305
county regulations within the municipal corporation, pursuant to	1306
section 307.15 of the Revised Code.	1307

(D) A board of county commissioners may impose a fee for	1308
registration of a specialty contractor who holds a valid and	1309
unexpired license issued pursuant to Chapter 4740. of the Revised	1310
Code before that specialty contractor may engage in the type of	1311
contracting for which the license is held within the	1312
unincorporated areas of the county and within any municipal	1313
corporation whose legislative authority has contracted with the	1314
board for the enforcement of county regulations within the	1315
municipal corporation, pursuant to section 307.15 of the Revised	1316
Code, provided that the fee is the same for all specialty	1317
contractors who wish to engage in that type of contracting. If a	1318
board imposes such a fee, the board immediately shall permit a	1319
specialty contractor who presents proof of holding a valid and	1320
unexpired license and pays the required fee to engage in the type	1321
of contracting for which the license is held within the	1322
unincorporated areas of the county and within any municipal	1323
corporation whose legislative authority has contracted with the	1324
board for the enforcement of county regulations within the	1325
municipal corporation, pursuant to section 307.15 of the Revised	1326
Code.	1327

A board of county commissioners that requires specialty	1328
contractors to register with the board shall not register a	1329
special contractor who does not have a valid and unexpired license	1330
issued pursuant to Chapter 4740. of the Revised Code.	1331

(E) The political subdivision associated with each municipal,	1332
township, and county building department certified by the board of	1333
building standards pursuant to division (E) of section 3781.10 of	1334
the Revised Code may prescribe fees to be paid by persons,	1335
political subdivisions, or any department, agency, board,	1336
commission, or institution of the state, for the acceptance and	1337
approval of plans and specifications, and for the making of	1338
inspections, pursuant to sections 3781.03 and 3791.04 of the	1339
Revised Code.	1340

(F) Each political subdivision that prescribes fees pursuant	1341
to division (E) of this section shall collect, on behalf of the	1342
board of building standards, a fee equal to threethe following:	1343

(1) Three per cent of suchthose fees the political	1344
subdivision collects in connection with nonresidential buildings;	1345

(2) One per cent of those fees the political subdivision	1346
collects in connection with residential buildings. The board shall	1347
adopt rules, in accordance with Chapter 119. of the Revised Code,	1348
specifying the manner in which the fee assessed pursuant to this	1349
division shall be collected and remitted monthly to the board. The	1350
board shall pay the fee assessed pursuant to this division into	1351
the state treasury to the credit of the industrial compliance	1352
operating fund created in section 121.084 of the Revised Code.	1353

All money credited to the fund under this division shall be	1354
used exclusively for both of the following:	1355

(1) Operating costs of the board;

1356

(2) Providing services, including educational programs, for	1357
the building departments that are certified by the board pursuant	1358
to division (E) of section 3781.10 of the Revised Code.	1359

(G) A board of county commissioners that adopts rules	1360
providing for the licensing of electrical and heating,	1361
ventilating, and air conditioning contractors, pursuant to	1362
division (B) of this section, may accept, for purposes of	1363
satisfying the requirements of rules adopted under that division,	1364
a valid and unexpired license issued pursuant to Chapter 4740. of	1365
the Revised Code that is held by an electrical or heating,	1366
ventilating, and air conditioning contractor, for the	1367
construction, replacement, maintenance, or repair of one-family,	1368
two-family, or three-family dwelling houses or accessory	1369
structures incidental to those dwelling houses.	1370

(H) As used in this section, "specialty contractor" means a	1371
heating, ventilating, and air conditioning contractor,	1372
refrigeration contractor, electrical contractor, plumbing	1373
contractor, or hydronics contractor, or residential contractor as	1374
those terms are defined in section 4740.01 of the Revised Code.	1375

Sec. 3781.11.  (A) The rules of the board of building	1376
standards shall:	1377

(1) ProvideFor nonresidential buildings, provide uniform	1378
minimum standards and requirements, and for residential buildings,	1379
provide statewide uniform standards and requirements, for	1380
construction and construction materials, including construction of	1381
industrialized units, to make residential and nonresidential	1382
buildings safe and sanitary as defined in section 3781.06 of the	1383
Revised Code;	1384

(2) Formulate such standards and requirements, so far as may	1385
be practicable, in terms of performance objectives, so as to make	1386
adequate performance for the use intended the test of	1387
acceptability;	1388

(3) Permit, to the fullest extent feasible, the use of	1389
materials and technical methods, devices, and improvements,	1390
including the use of industrialized units which tend to reduce the	1391
cost of construction and erection without affecting minimum	1392
requirements for the health, safety, and security of the occupants	1393
or users of buildings or industrialized units and without	1394
preferential treatment of types or classes of materials or	1395
products or methods of construction;	1396

(4) Encourage, so far as may be practicable, the	1397
standardization of construction practices, methods, equipment,	1398
material, and techniques, including methods employed to produce	1399
industrialized units;	1400

(5) Not require any alteration or repair of any part of a	1401
school building owned by a chartered nonpublic school or a city,	1402
local, exempted village, or joint vocational school district and	1403
operated in conjunction with any primary or secondary school	1404
program that is not being altered or repaired if all of the	1405
following apply:	1406

(a) The school building meets all of the applicable building	1407
code requirements in existence at the time of the construction of	1408
the building.	1409

(b) The school building otherwise satisfies the requirements	1410
of section 3781.06 of the Revised Code.	1411

(c) The part of the school building altered or repaired	1412
conforms to all rules of the board existing on the date of the	1413
repair or alteration.	1414

(6) Not require any alteration or repair to any part of a	1415
workshop or factory that is not otherwise being altered, repaired,	1416
or added to if all of the following apply:	1417

(a) The workshop or factory otherwise satisfies the	1418
requirements of section 3781.06 of the Revised Code.	1419

(b) The part of the workshop or factory altered, repaired, or	1420
added conforms to all rules of the board existing on the date of	1421
plan approval of the repair, alteration, or addition.	1422

(B) The rules of the board shall supersede and govern any	1423
order, standard, or rule of the division of industrial compliance	1424
in the department of commerce, division of the fire marshal, the	1425
department of health, and of counties and townships, in all cases	1426
where such orders, standards, or rules are in conflict with the	1427
rules of the board, except that rules adopted and orders issued by	1428
the fire marshal pursuant to Chapter 3743. of the Revised Code	1429
prevail in the event of a conflict.	1430

(C) The construction, alteration, erection, and repair of	1431
buildings including industrialized units, and the materials and	1432
devices of any kind used in connection with them and the heating	1433
and ventilating of them and the plumbing and electric wiring in	1434
them shall conform to the statutes of this state or the rules	1435
adopted and promulgated by the board, and to provisions of local	1436
ordinances not inconsistent therewith. Any building, structure, or	1437
part thereof, constructed, erected, altered, manufactured, or	1438
repaired not in accordance with the statutes of this state or with	1439
the rules of the board, and any building, structure, or part	1440
thereof in which there is installed, altered, or repaired any	1441
fixture, device, and material, or plumbing, heating, or	1442
ventilating system, or electric wiring not in accordance with such	1443
statutes or rules is a public nuisance.	1444

(D) As used in this section:

1445

(1) "Nonpublic school" means a chartered school for which	1446
minimum standards are prescribed by the state board of education	1447
pursuant to division (D) of section 3301.07 of the Revised Code.	1448

(2) "Workshop or factory" includes manufacturing, mechanical,	1449
electrical, mercantile, art, and laundering establishments,	1450
printing, telegraph, and telephone offices, railroad depots, and	1451
memorial buildings, but does not include hotels and tenement and	1452
apartment houses.	1453

Sec. 3781.12.  Any person may petition the board of building	1454
standards to adopt, amend, or annul a rule or regulation pursuant	1455
to section 3781.10 of the Revised Code, or to permit the use of	1456
any particular fixture, device, material, system, method of	1457
manufacture, product of a manufacturing process, or method or	1458
manner of construction or installation, which complies with	1459
performance standards adopted pursuant to section 3781.11 of the	1460
Revised Code, as regards the purposes declared in section 3781.06	1461
of the Revised Code, of the fixtures, devices, materials, systems,	1462
or methods or manners of construction, manufacture or installation	1463
described in any section of the Revised Code relating to said	1464
purposes, where the use is permitted by law. Upon petition the	1465
board shall cause to be conducted such testing and evaluation as	1466
the board shall determine desirable of any fixture, device,	1467
material, system, assembly or product of a manufacturing process,	1468
or method or manner of construction or installation sought to be	1469
used under the rules and regulations adopted by the board by	1470
virtue of section 3781.10 of the Revised Code. If the board, after	1471
hearing, deems it advisable to adopt the rule or regulation or	1472
amendment or annulment thereof, or to permit the use of the	1473
materials or assemblages petitioned for, it shall give at least	1474
thirty days' notice of the time and place of a public hearing	1475
thereon, which notice shall be given in accordance with the	1476
provisions set forth in section 119.03 of the Revised Code. No	1477
such rule or regulation shall be adopted, amended, or annulled, or	1478
the use of such materials or assemblages authorized, until after	1479
such public hearing. A copy of every such rule or regulation and	1480
every amendment or annulment thereof, and a copy of every approved	1481
material or assembly authorization signed by the chairman	1482
chairperson of the board of building standards, and sealed with	1483
the seal of the department of commerce, shall, after final	1484
adoption or authorization by the board, be filed with the	1485
secretary of state and shall be published in such manner as the	1486
board determines. The issuance of the authorization for the use of	1487
the materials or assemblages described in the petition shall	1488
constitute approval for their use anywhere in Ohio. Any such rule	1489
or regulation or amendment or annulment thereof shall not take	1490
effect until a date fixed by the board and stated therein. No such	1491
rule, regulation, amendment, or annulment shall apply to any	1492
building the plans or drawings, specifications, and data of which	1493
have been approved prior to the time such rule, regulation,	1494
amendment, or annulment takes effect. All hearings of the board	1495
shall be open to the public. Each of the members of the board may	1496
administer oaths in the performance of histhe member's duties.	1497

Sec. 3781.13.  Any person interested, either because of	1498
ownership or occupation of any property affected by any rule or	1499
regulation described in section 3781.12 of the Revised Code, or as	1500
the producer, manufacturer, seller, or distributor, of any	1501
building material, industrialized unit, plumbing, heating, or	1502
ventilating system or device, or any other device, product,	1503
assembly, or equipment, the use of which is not provided for by	1504
any such rule or regulation, may petition for a hearing on the	1505
reasonableness and lawfulness of any action of the board of	1506
building standards, adopting, amending, or annulling or refusing	1507
to adopt, amend, or annul such rule or regulation, in the manner	1508
provided in sections 3781.06 to 3781.18, inclusive, and section	1509
3791.04 of the Revised Code. Such petition for hearing shall be by	1510
verified petition filed with the board setting out specifically	1511
and in full detail the action of the board upon which a hearing is	1512
desired, and the reason why such action is unreasonable or	1513
unlawful, and every issue to be considered by the board on the	1514
hearing. Such petition shall be filed within thirty days after the	1515
record of the action of the board is filed in the office of the	1516
secretary of state, in cases where such record is required to be	1517
so filed; otherwise within thirty days after the action is taken.	1518
Upon receipt of said petition, after a hearing which shall be held	1519
within thirty days thereafter and of which notice has been given	1520
the petitioner, the board may determine that such action is	1521
unreasonable or unlawful and annul any rule or regulation	1522
forthwith, or it may confirm its prior action forthwith, or it may	1523
re-enact or amend any rule or regulation in the manner provided in	1524
section 3781.12 of the Revised Code. If the matter in hearing is	1525
not determined by the board within two weeks after such hearing,	1526
the action may, at the option of the petitioner, be deemed to have	1527
been confirmed.	1528

Sec. 3781.18.  Wherever in Chapters 3781. and 3791. of the	1529
Revised Code or rules or regulations adopted pursuant thereto	1530
particular fixtures, devices, materials, systems, method of	1531
manufacture, product of a manufacturing process, or methods or	1532
manners of construction or installation pertaining to	1533
nonresidential buildings are described, such description	1534
prescribes minimum standards of safety and sanitary conditions	1535
exemplified by such particular fixtures, devices, materials,	1536
systems, method of manufacture, product of a manufacturing	1537
process, or methods or manners of construction or installation.	1538
Where the use of another fixture, device, material, system,	1539
industrialized unit, newly designed product, or method, or manner	1540
of construction or installation is desired which is at variance	1541
with what is described in such chapters, such use is permissible,	1542
if such other fixture, device, material, system, manufactured	1543
component or unit, product, method, or manner of construction	1544
complies with performance standards as determined by the board.	1545

Sec. 3781.183.  If the board of building standards adopts	1546
rules under sections 3781.06 to 3781.18, 3781.181, and 3781.182 of	1547
the Revised Code concerning the requirements an adult group home	1548
seeking licensure as an adult care facility must meet under	1549
section 3722.02 of the Revised Code, the board shall adopt the	1550
rules in consultation with the directors of health and of aging	1551
and any interested party designated by the directors of health and	1552
of aging.	1553

Sec. 3781.99.  Whoever violates division (E) of section	1554
3781.111 of the Revised Code shall be issued a warning for a first	1555
offense. On each subsequent offense, the person shall be fined	1556
twenty-five dollars for each parking location that is not properly	1557
marked or whose markings are not properly maintained.	1558

Whoever violates this chapter or any rule adopted or order	1559
issued pursuant thereto, which violation relates to the	1560
construction, alteration, or repair of any building and which is	1561
not detrimental to the health, safety, or welfare of any person,	1562
is guilty of a minor misdemeanor.	1563

Whoever violates this chapter or any rule adopted or order	1564
issued pursuant thereto, which violation relates to the	1565
construction, alteration, or repair of any building and which is	1566
detrimental to the health, safety, or welfare of any person, is	1567
guilty of a misdemeanor of the fourth degree.	1568

Sec. 3791.04.  (A) Before(1) Except as provided in division	1569
(A)(3) of this section, before beginning the construction,	1570
erection, or manufacture of any building to which section 3781.06	1571
of the Revised Code is applicable, including all industrialized	1572
units, the owner thereof, in addition to any other submission of	1573
plans or drawings, specifications, and data required by law, shall	1574
submit the plans or drawings, specifications, and data prepared	1575
for the construction, erection, and equipment thereof, or the	1576
alteration thereof or addition thereto, which plans or drawings,	1577
and specifications shall indicate thereon the portions that have	1578
been approved pursuant to section 3781.12 of the Revised Code, for	1579
which no further approval shall be required, to the municipal,	1580
township, or county building department having jurisdiction if	1581
such department has been certified as provided in division (E) of	1582
section 3781.10 of the Revised Code, and if.	1583

(2) If there is no appropriate certified municipal, township,	1584
or county building department,to which to make submissions for a	1585
nonresidential building, as defined in section 3781.06 of the	1586
Revised Code, the owner shall make the submissions described in	1587
division (A)(1) of this section to the superintendent of the	1588
division of industrial compliance, for approval.	1589

(3) If there is no appropriate certified municipal, township,	1590
or county building department to which to make submissions for a	1591
residential building, as defined in section 3781.06 of the Revised	1592
Code, the owner is not required to make the submissions described	1593
in division (A)(1) of this section and is not required to obtain a	1594
license, as described in division (E) of this section.	1595

The seal of an architect registered under Chapter 4703. of	1596
the Revised Code or an engineer registered under Chapter 4733. of	1597
the Revised Code shall be required for any plans, drawings,	1598
specifications, or data submitted for approval, unless the plans,	1599
drawings, specifications, or data may be prepared by persons other	1600
than registered architects pursuant to division (C) or (D) of	1601
section 4703.18 of the Revised Code, or by persons other than	1602
registered engineers pursuant to division (C) or (D) of section	1603
4733.18 of the Revised Code.	1604

No seal shall be required for any plans, drawings,	1605
specifications, or data submitted for approval for any residential	1606
buildings or structures subject to the requirements of section	1607
3781.181 of the Revised Code, exempt from the requirements of	1608
sections, as defined in section 3781.06 to 3781.18 and 3791.04 of	1609
the Revised Code, or erected as industrialized one-, two-, or	1610
three-family units or structures within the meaning of	1611
"industrialized unit" as defined in section 3781.06 of the Revised	1612
Code.	1613

No seal shall be required for approval of the installation of	1614
replacement equipment or systems that are similar in type or	1615
capacity to the equipment or systems being replaced. No seal shall	1616
be required for approval for any new construction, improvement,	1617
alteration, repair, painting, decorating, or other modification of	1618
any buildings or structures subject to sections 3781.06 to 3781.18	1619
and 3791.04 of the Revised Code if the proposed work does not	1620
involve technical design analysis, as defined by rule adopted by	1621
the board of building standards.	1622

(B) No owner shall proceed with the construction, erection,	1623
alteration, or equipment of any such building until such plans or	1624
drawings, specifications, and data have been so approved, or the	1625
industrialized unit inspected at the point of origin. No plans or	1626
specifications shall be approved or inspection approval given	1627
unless the building represented thereby would, if constructed,	1628
repaired, erected, or equipped according to the same, comply with	1629
Chapters 3781. and 3791. of the Revised Code and any rule made	1630
under such chapters.	1631

(C) The approval of plans or drawings and specifications or	1632
data pursuant to this section is invalid if construction,	1633
erection, alteration, or other work upon the building has not	1634
commenced within twelve months of the approval of the plans or	1635
drawings and specifications. One extension shall be granted for an	1636
additional twelve-month period if requested by the owner at least	1637
ten days in advance of the expiration of the permit and upon	1638
payment of a fee not to exceed one hundred dollars. If in the	1639
course of construction, work is delayed or suspended for more than	1640
six months, the approval of plans or drawings and specifications	1641
or data is invalid. Two extensions shall be granted for six months	1642
each if requested by the owner at least ten days in advance of the	1643
expiration of the permit and upon payment of a fee for each	1644
extension of not more than one hundred dollars. Before any work	1645
may continue on the construction, erection, alteration, or	1646
equipment of any building for which the approval is invalid, the	1647
owner of the building shall resubmit the plans or drawings and	1648
specifications for approval pursuant to this section.	1649

(D) Subject to section 3791.042 of the Revised Code, the	1650
board of building standards or the legislative authority of a	1651
municipal corporation, township, or county, by rule, may regulate	1652
the requirements for the submission of plans and specifications to	1653
the respective enforcing departments and for the processing of the	1654
same by such departments. The board of building standards or the	1655
legislative authority of a municipal corporation, township, or	1656
county may adopt rules to provide for the approval, subject to	1657
section 3791.042 of the Revised Code, by the department having	1658
jurisdiction of the plans for construction of a foundation or any	1659
other part of a building or structure before the complete plans	1660
and specifications for the entire building or structure have been	1661
submitted. When any plans are approved by the department having	1662
jurisdiction, the structure and every particular thereof	1663
represented by those plans and disclosed therein shall, in the	1664
absence of fraud or a serious safety or sanitation hazard, be	1665
conclusively presumed to comply with Chapters 3781. and 3791. of	1666
the Revised Code and any rule issued pursuant thereto, if	1667
constructed, altered, or repaired in accordance with those plans	1668
and any such rule in effect at the time of approval.	1669

(E) The approval of plans and specifications, including	1670
inspection of the industrialized units, under this section is a	1671
"license" and the failure to approve such plans or specifications	1672
as submitted or to inspect the unit at the point of origin within	1673
thirty days after the plans or specifications are filed, or the	1674
request for inspection of the industrialized unit is made, or the	1675
disapproval of such plans and specifications, or the refusal to	1676
approve such industrialized unit, following inspection at the	1677
point of origin is "an adjudication order denying the issuance of	1678
a license" requiring an "adjudication hearing" as provided by	1679
sections 119.07 to 119.13 of the Revised Code and as modified by	1680
sections 3781.031 and 3781.19 of the Revised Code. An adjudication	1681
order denying the issuance of a license shall specify the reasons	1682
for such denial.	1683

(F) The board of building standards shall not require the	1684
submission of site preparation plans or plot plans to the division	1685
of industrial compliance in situations where industrialized units	1686
are used exclusively as one-, two-, or three-family dwellings.	1687

(G) Notwithstanding any procedures established by the board,	1688
the agency having jurisdiction, if it objects to any portion of	1689
the plans or specifications, upon the request of the owner or	1690
representative of the owner, may issue conditional approval to	1691
proceed with construction up to the point where there is	1692
objection. Approval shall be issued only when the objection	1693
results from conflicting interpretations of the rules of the board	1694
of building standards rather than the application of specific	1695
technical requirements of the rules. Approval shall not be issued	1696
where the correction of the objection would cause extensive	1697
changes in the building design or construction. The giving of	1698
conditional approval is a "conditional license" to proceed with	1699
construction up to the point where construction or materials	1700
objected to by the agency are to be incorporated into the	1701
building. No construction shall proceed beyond this point without	1702
the prior approval of the agency or another agency which conducts	1703
an adjudication hearing relative to the objection. The agency	1704
having jurisdiction shall specify its objections to the plans or	1705
specifications, which is an "adjudication order denying the	1706
issuance of a license" and may be appealed pursuant to sections	1707
119.07 to 119.13 of the Revised Code and as modified by sections	1708
3781.031 and 3781.19 of the Revised Code.	1709

(H) A certified municipal, township, or county building	1710
department having jurisdiction, or the superintendent of the	1711
division of industrial compliance, as appropriate, shall review	1712
any plans, drawings, specifications, or data described in this	1713
section that are submitted to it or to the superintendent.	1714

(I) No owner or persons having control as an officer, or as a	1715
member of a board or committee, or otherwise, of a building to	1716
which section 3781.06 of the Revised Code is applicable, and no	1717
architect, designer, engineer, builder, contractor, subcontractor,	1718
or any officer or employee of a municipal, township, or county	1719
building inspection department shall violate this section.	1720

(J) Whoever violates this section shall be fined not more	1721
than five hundred dollars.	1722

Sec. 3791.99.  Whoever violates division (B) of section	1723
3791.11 or division (D) of section 3791.21 of the Revised Code is	1724
guilty of a minor misdemeanor, and each day the violation	1725
continues constitutes a separate offense.	1726

Whoever violates section 3791.04 of the Revised Code, which	1727
violation relates to the construction, alteration, or repair of	1728
any building and which is not detrimental to the health, safety,	1729
or welfare of any person, is guilty of a minor misdemeanor.	1730

Whoever violates section 3791.04 of the Revised Code, which	1731
violation relates to the construction, alteration, or repair of	1732
any building and which is detrimental to the health, safety, or	1733
welfare of any person, is guilty of a misdemeanor of the fourth	1734
degree.	1735

Sec. 4703.18.  (A) No person shall enter upon the practice of	1736
architecture or hold himself or herselfself forth as an architect	1737
or registered architect, unless the person has complied with	1738
sections 4703.01 to 4703.19 of the Revised Code and is the holder	1739
of a certificate of qualification to practice architecture issued	1740
or renewed and registered under those sections.	1741

(B) Sections 4703.01 to 4703.19 of the Revised Code do not	1742
prevent persons other than architects from filing applications for	1743
building permits or obtaining those permits.	1744

(C) Sections 4703.01 to 4703.19 of the Revised Code do not	1745
prevent persons other than architects from preparing plans,	1746
drawings, specifications, or data, filing applications for	1747
building permits, or obtaining those permits for residential	1748
buildings or structures subject to the requirements of, as defined	1749
by section 3781.181 of the Revised Code, exempted from the	1750
requirements of sections 3781.06 to 3781.18 and 3791.04 of the	1751
Revised Code, or buildings erected as industrialized one-, two-,	1752
or three-family units or structures within the meaning of the term	1753
"industrialized unit" as provided in section 3781.06 of the	1754
Revised Code.	1755

(D) Sections 4703.01 to 4703.19 of the Revised Code do not	1756
prevent persons other than architects from preparing drawings or	1757
data, from filing applications for building permits, or from	1758
obtaining those permits for the installation of replacement	1759
equipment or systems that are similar in type or capacity to the	1760
equipment or systems being replaced, and for any improvement,	1761
alteration, repair, painting, decorating, or other modification of	1762
any buildings or structures subject to sections 3781.06 to 3781.18	1763
and 3791.04 of the Revised Code where the building official	1764
determines that no plans or specifications are required for	1765
approval.	1766

(E) Sections 4703.01 to 4703.19 of the Revised Code do not	1767
exclude a registered professional engineer from architectural	1768
practice that may be incident to the practice of his or herthe	1769
registered professional engineer's engineering profession or	1770
exclude a registered architect from engineering practice that may	1771
be incident to the practice of architecture.	1772

(F) Sections 4703.01 to 4703.19 of the Revised Code do not	1773
prevent a firm, partnership, association, limited liability	1774
company, or corporation of architects registered under those	1775
sections from providing architectural services and do not prevent	1776
an individual registered as a landscape architect under sections	1777
4703.30 to 4703.49 of the Revised Code or as a professional	1778
engineer under sections Chapter 4733. of the Revised Code from	1779
being a member of a firm, partnership, association, limited	1780
liability company, or corporation of that type, but a member of	1781
that type shall not engage in the practice of architecture or hold	1782
himself or herselfself forth as an architect contrary to sections	1783
4703.01 to 4703.19 of the Revised Code and shall not practice a	1784
profession in which the person is not licensed.	1785

(G) A firm, partnership, association, limited liability	1786
company, or corporation may provide architectural services in this	1787
state as long as the services are provided only through natural	1788
persons registered to provide those services in this state,	1789
subject to the exemptions in section 4703.17 of the Revised Code	1790
and subject otherwise to the requirements of sections 4703.01 to	1791
4703.19 of the Revised Code.	1792

(H) No firm, partnership, association, limited liability	1793
company, or corporation, except a corporation that was granted a	1794
charter prior to August 7, 1943, to engage in providing	1795
architectural services or that was otherwise lawfully providing	1796
architectural services prior to November 15, 1982, shall provide	1797
architectural services, hold itself out to the public as providing	1798
architectural services, or use a name including the word	1799
"architect" or any modification or derivation of the word, unless	1800
the firm, partnership, association, limited liability company, or	1801
corporation files all information required to be filed under this	1802
section with the state board of examiners of architects and	1803
otherwise complies with all requirements of sections 4703.01 to	1804
4703.19 of the Revised Code. A nonprofit membership corporation	1805
may use a name including the word "architect" or any modification	1806
or derivation of the word without complying with this section.	1807

(I) A corporation may be organized under Chapter 1701. of the	1808
Revised Code, a professional association may be organized under	1809
Chapter 1785. of the Revised Code, or a limited liability company	1810
may be formed under Chapter 1705. of the Revised Code for the	1811
purpose of providing professional engineering, surveying,	1812
architectural, or landscape architectural services, or any	1813
combination of those services. A corporation organized under	1814
Chapter 1701. of the Revised Code for the purpose of providing	1815
those services also may be organized for any other purpose in	1816
accordance with that chapter.	1817

(J) No firm, partnership, association, limited liability	1818
company, or corporation shall provide or offer to provide	1819
architectural services in this state unless more than fifty per	1820
cent of the partners, members, or shareholders, more than fifty	1821
per cent of the directors in the case of a corporation or	1822
professional association, and more than fifty per cent of the	1823
managers in the case of a limited liability company the management	1824
of which is not reserved to its members, are professional	1825
engineers, surveyors, architects, or landscape architects or a	1826
combination of those professions, who are registered in this state	1827
and who own more than fifty per cent of the interests in the firm,	1828
partnership, association, limited liability company, or	1829
corporation; unless the requirements of this division and of	1830
section 1785.02 of the Revised Code are satisfied with respect to	1831
any professional association organized under Chapter 1785. of the	1832
Revised Code; or unless the requirements of this division and of	1833
Chapter 1705. of the Revised Code are satisfied with respect to a	1834
limited liability company formed under that chapter.	1835

(K) Each firm, partnership, association, limited liability	1836
company, or corporation through which architectural services are	1837
offered or provided in this state shall designate one or more	1838
partners, managers, members, officers, or directors as being in	1839
responsible charge of the professional architectural activities	1840
and decisions, and those designated persons shall be registered in	1841
this state. In the case of a corporation holding a certificate of	1842
authorization provided for in division (L) of this section, at	1843
least one of the persons so designated shall be a director of the	1844
corporation. Each firm, partnership, association, limited	1845
liability company, or corporation of that type shall annually file	1846
with the state board of examiners of architects the name and	1847
address of each partner, manager, officer, director, member, or	1848
shareholder, and each firm, partnership, association, limited	1849
liability company, or corporation of that type shall annually file	1850
with the board the name and address of all persons designated as	1851
being in responsible charge of the professional architectural	1852
activities and decisions and any other information the board may	1853
require. If there is a change in any such person in the interval	1854
between filings, the change shall be filed with the board in the	1855
manner and within the time that the board determines.	1856

(L) No corporation organized under Chapter 1701. of the	1857
Revised Code shall engage in providing architectural services in	1858
this state without obtaining a certificate of authorization from	1859
the state board of examiners of architects. A corporation desiring	1860
a certificate of authorization shall file with the board a copy of	1861
its articles of incorporation and a listing on the form that the	1862
board directs of the names and addresses of all officers,	1863
directors, and shareholders of the corporation, the names and	1864
addresses of any individuals providing professional services on	1865
behalf of the corporation who are registered to practice	1866
architecture in this state, and any other information the board	1867
requires. If all requirements of sections 4703.01 to 4703.19 of	1868
the Revised Code are met, the board may issue a certificate of	1869
authorization to the corporation. No certificate of authorization	1870
shall be issued unless persons owning more than fifty per cent of	1871
the corporation's shares and more than fifty per cent of the	1872
interests in the corporation are professional engineers,	1873
surveyors, architects, or landscape architects, or a combination	1874
of those professions, who are registered in this state. Any	1875
corporation that holds a certificate of authorization under this	1876
section and otherwise meets the requirements of sections 4703.01	1877
to 4703.19 of the Revised Code may be organized for any purposes	1878
for which corporations may be organized under Chapter 1701. of the	1879
Revised Code and shall not be limited to the purposes of providing	1880
professional engineering, surveying, architectural, or landscape	1881
architectural services or any combination of those professions.	1882
The board, by rules adopted in accordance with Chapter 119. of the	1883
Revised Code, may require any firm, partnership, association, or	1884
limited liability company not organized under Chapter 1701. of the	1885
Revised Code that provides architectural services to obtain a	1886
certificate of authorization. If the board so requires, no firm,	1887
partnership, association, or limited liability company shall	1888
engage in providing architectural services without obtaining the	1889
certificate and complying with the rules.	1890

(M) This section does not modify any law applicable to the	1891
relationship between a person furnishing a professional service	1892
and a person receiving that service, including liability arising	1893
out of that service.	1894

(N) Nothing in this section shall restrict or limit in any	1895
manner the authority or duty of the state board of examiners of	1896
architects with respect to natural persons providing professional	1897
services or any law or rule pertaining to standards of	1898
professional conduct.	1899

Sec. 4733.18.  (A) The state board of registration for	1900
professional engineers and surveyors may authorize a temporary	1901
registration in the case of an individual who has filed with the	1902
board an application for a temporary registration and has paid the	1903
required fee. The temporary registration continues only for the	1904
time the board requires for consideration of the application for	1905
registration, provided a person is legally qualified to practice	1906
that profession in the person's own state in which the	1907
requirements and qualifications of registration are not lower than	1908
those specified in this chapter.	1909

(B)(1) The following persons are exempt from this chapter:

1910

(a) An employee or a subordinate of a person registered under	1911
this chapter or an employee of a person holding temporary	1912
registration under division (A) of this section, provided the	1913
employee's or subordinate's duties do not include responsible	1914
charge of engineering or surveying work;	1915

(b) Officers and employees of the government of the United	1916
States while engaged within this state in the practice of	1917
engineering or surveying, for that government;	1918

(c) An engineer engaged solely as an officer of a privately	1919
owned public utility.	1920

(2) This chapter does not require registration for the	1921
purpose of practicing professional engineering, or professional	1922
surveying by an individual, firm, or corporation on property owned	1923
or leased by that individual, firm, or corporation unless the same	1924
involves the public welfare or the safeguarding of life, health,	1925
or property, or for the performance of engineering or surveying	1926
which relates solely to the design or fabrication of manufactured	1927
products.	1928

(C) Nothing in this chapter prevents persons other than	1929
engineers from preparing plans, drawings, specifications, or data,	1930
from filing applications for building permits, or from obtaining	1931
those permits for residential buildings or structures that are	1932
exempted from the requirements of sections 3781.06 to 3781.18 and	1933
3791.04 of the Revised Code, that are subject to the requirements	1934
of, as defined by section 3781.1813781.06 of the Revised Code, or	1935
buildings that are erected as one-, two-, or three-family units or	1936
structures within the meaning of the term "industrialized unit" as	1937
provided in section 3781.06 of the Revised Code.	1938

(D) Nothing in this chapter prevents persons other than	1939
engineers from preparing drawings or data, from filing	1940
applications for building permits, or from obtaining those permits	1941
for the installation of replacement equipment or systems that are	1942
similar in type or capacity to the equipment or systems being	1943
replaced, and for any improvement, alteration, repair, painting,	1944
decorating, or other modification of any buildings or structures	1945
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	1946
Code where the building official determines that no plans or	1947
specifications are required for approval.	1948

Sec. 4740.01.  As used in this chapter:

1949

(A) "License" means a license issued by the Ohio construction	1950
industry examining board to an individual as a heating,	1951
ventilating, and air conditioning contractor, refrigeration	1952
contractor, electrical contractor, plumbing contractor, or	1953
hydronics contractor, or residential contractor.	1954

(B) "Heating, ventilating, and air conditioning contractor"	1955
means any individual or business entity who satisfies both of the	1956
following:	1957

(1) For compensation, directs, supervises, or has	1958
responsibility for the means, method, and manner of heating,	1959
ventilating, and air conditioning construction, improvement,	1960
renovation, repair, or maintenance on a construction project and	1961
who offers, identifies, advertises, or otherwise holds out or	1962
represents that the individual or business entity is permitted or	1963
qualified to perform, direct, supervise, or have responsibility	1964
for the means, method, and manner of heating, ventilating, and air	1965
conditioning construction, improvement, renovation, repair, or	1966
maintenance on a construction project;	1967

(2) Is a tradesperson or employs tradespersons who perform	1968
and who are trained to perform heating, ventilating, and air	1969
conditioning construction, improvement, renovation, repair, or	1970
maintenance on a construction project.	1971

(C) "Refrigeration contractor" means any individual or	1972
business entity who satisfies both of the following:	1973

(1) For compensation, directs, supervises, or has	1974
responsibility for the means, method, and manner of refrigeration	1975
construction, improvement, renovation, repair, or maintenance on a	1976
construction project and who offers, identifies, advertises, or	1977
otherwise holds out or represents that the individual or business	1978
entity is permitted or qualified to direct, supervise, or have	1979
responsibility for the means, method, and manner of refrigeration	1980
construction, improvement, renovation, repair, or maintenance on a	1981
construction project;	1982

(2) Is a tradesperson or employs tradespersons who perform	1983
and who are trained to perform refrigeration construction,	1984
improvement, renovation, repair, or maintenance on a construction	1985
project.	1986

(D) "Electrical contractor" means any individual or business	1987
entity who satisfies both of the following:	1988

(1) For compensation, directs, supervises, or has	1989
responsibility for the means, method, and manner of electrical	1990
construction, improvement, renovation, repair, or maintenance on a	1991
construction project and who offers, identifies, advertises, or	1992
otherwise holds out or represents that the individual or business	1993
entity is permitted or qualified to direct, supervise, or have	1994
responsibility for the means, method, and manner of electrical	1995
construction, improvement, renovation, repair, or maintenance on a	1996
construction project;	1997

(2) Is a tradesperson or employs tradespersons who perform	1998
and who are trained to perform electrical construction,	1999
improvement, renovation, repair, or maintenance on a construction	2000
project.	2001

As used in this chapter, "electrical contracting" does not	2002
include the construction, improvement, renovation, repair, or	2003
maintenance of any of the following systems using less than fifty	2004
volts:	2005

(a) Fire alarm or burglar alarm;

2006

(b) Tele-data;

2007

(c) Cabling;

2008

(d) Sound;

2009

(e) Communication;

2010

(f) Landscape lighting and irrigation.

2011

(E) "Plumbing contractor" means any individual or business	2012
entity who satisfies both of the following:	2013

(1) For compensation, directs, supervises, or has	2014
responsibility for the means, method, and manner of plumbing	2015
construction, improvement, renovation, repair, or maintenance on a	2016
construction project and who offers, identifies, advertises, or	2017
otherwise holds out or represents that the individual or business	2018
entity is permitted or qualified to direct, supervise, or have	2019
responsibility for the means, method, and manner of plumbing	2020
construction, improvement, renovation, repair, or maintenance on a	2021
construction project;	2022

(2) Is a tradesperson or employs tradespersons who perform	2023
and who are trained to perform plumbing construction, improvement,	2024
renovation, repair, or maintenance on a construction project.	2025

(F) "Hydronics contractor" means any individual or business	2026
entity who satisfies both of the following:	2027

(1) For compensation, directs, supervises, or has	2028
responsibility for the means, method, and manner of hydronics	2029
construction, improvement, renovation, repair, or maintenance on a	2030
construction project and who offers, identifies, advertises, or	2031
otherwise holds out or represents that the individual or business	2032
entity is permitted or qualified to direct, supervise, or have	2033
responsibility for the means, method, and manner of hydronics	2034
construction, improvement, renovation, repair, or maintenance on a	2035
construction project;	2036

(2) Is a tradesperson or employs tradespersons who perform	2037
and who are trained to perform hydronics construction,	2038
improvement, renovation, repair, or maintenance on a construction	2039
project.	2040

(G) "Residential contractor" means any individual or business	2041
entity who, for compensation, directs, supervises, or has	2042
responsibility for the means, method, and manner of residential	2043
construction, and identifies, advertises, or otherwise holds out	2044
or represents that the individual or business entity is permitted	2045
or qualified to perform, direct, supervise, or have responsibility	2046
for the means, method, and manner of residential construction.	2047

(H) "Residential construction" means the construction of a	2048
residential building and the substantial alteration to, or	2049
rearranging, remodeling, removal, refurbishing, or installation	2050
of, any wall, partition, or portion of the structural design,	2051
formation, or plan of a residential building.	2052

(I) "Residential building" has the same meaning as in section	2053
3781.06 of the Revised Code.	2054

(J) "Contractor" means a heating, ventilating, and air	2055
conditioning contractor, a refrigeration contractor, an electrical	2056
contractor, a plumbing contractor, or a hydronics contractor, or a	2057
residential contractor.	2058

(H)(K) "Tradesperson" means an individual who, for	2059
compensation, engages in construction, improvement, renovation,	2060
repair, or maintenance of buildings or structures without assuming	2061
responsibility for the means, method, or manner of that	2062
construction, improvement, renovation, repair, or maintenance.	2063

(I)(L) "Construction project" means a construction project	2064
involving a building or structure that is subject to Chapter 3781.	2065
of the Revised Code and the rules adopted under that chapter, but	2066
not involving the following buildings or structures:	2067

(1) Anan industrialized unit as defined in division (C)(3)	2068
of section 3781.06 of the Revised Code;	2069

(2) A building or structure constructed pursuant to rules	2070
adopted under section 3781.181 or 3781.21 of the Revised Code.	2071

Sec. 4740.02.  (A) There is hereby created within the	2072
department of commerce, the Ohio construction industry examining	2073
board, consisting of seventeentwenty-two residents of this state.	2074
The board shall consist of an administrative section, a plumbing	2075
section, an electrical section, and a heating, ventilating, air	2076
conditioning, and refrigeration section, and a residential	2077
construction section. The director of commerce shall appoint all	2078
members of the board. The director or the director's designee	2079
shall serve as a member of the administrative section and the	2080
director shall appoint to the administrative section, one member	2081
who is a representative of the public who is not a member of any	2082
group certified by any section of the board. The plumbing,	2083
electrical, and heating, ventilating, air conditioning, and	2084
refrigeration, and residential construction sections each shall	2085
annually elect a member of their own respective section to serve a	2086
one-year term on the administrative section.	2087

(B) The plumbing section shall consist of five members, one	2088
of whom is a plumbing inspector employed by the department of	2089
commerce, a municipal corporation, or a health district, two of	2090
whom are plumbing contractors who have no affiliation with any	2091
union representing plumbers, and two of whom are plumbing	2092
contractors who are signatories to agreements with unions	2093
representing plumbers.	2094

(C) The electrical section shall consist of five members, one	2095
of whom is an electrical inspector employed by the department of	2096
commerce, a municipal corporation, or a county, two of whom are	2097
electrical contractors who have no affiliation with any union	2098
representing electricians, and two of whom are electrical	2099
contractors who are signatories to agreements with unions	2100
representing electricians.	2101

(D) The heating, ventilating, air conditioning, and	2102
refrigeration section shall consist of five members, one of whom	2103
is a heating, ventilating, air conditioning, and refrigeration	2104
inspector employed by either the department of commerce or a	2105
municipal corporation; two of whom are heating, ventilating, and	2106
air conditioning contractors or refrigeration contractors who have	2107
no affiliation with any union representing heating, ventilating,	2108
and air conditioning tradespersons or refrigeration tradespersons;	2109
and two of whom are heating, ventilating, and air conditioning	2110
contractors or refrigeration contractors who are signatories to	2111
agreements with unions representing heating, ventilating, and air	2112
conditioning tradespersons or refrigeration tradespersons.	2113

(E) The residential construction section shall consist of	2114
five members, one of whom is a building official employed by a	2115
municipal corporation or a county, with experience administering	2116
or enforcing a residential building code; two of whom are	2117
residential contractors with recognized ability and experience in	2118
the construction of residential buildings; one of whom is a	2119
residential contractor who has recognized ability and experience	2120
in the remodeling of residential buildings; and one of whom is an	2121
architect registered pursuant to Chapter 4703. of the Revised	2122
Code, with recognized ability and experience in the architecture	2123
of residential buildings.	2124

(F) Within ninety days after July 31, 1992, initial	2125
appointments shall be made to the board. Of the initial	2126
appointments to the board, two appointments in each section, other	2127
than the administrative section, are for terms ending one year	2128
after July 31, 1992, and two are for terms ending two years after	2129
July 31, 1992. All other appointments to the board are for terms	2130
ending three years after July 31, 1992. Thereafter, terms of	2131
office are for three years, each term ending on the same day of	2132
the same month of the year as did the term that it succeeds. Each	2133
member shall hold office from the date of appointment until the	2134
end of the term for which the member was appointed. Members may be	2135
reappointed. Vacancies shall be filled in the manner provided for	2136
original appointments. Any member appointed to fill a vacancy	2137
occurring prior to the expiration date of the term for which the	2138
member's predecessor was appointed shall hold office as a member	2139
for the remainder of that term. A member shall continue in office	2140
subsequent to the expiration date of the member's term until the	2141
member's successor takes office or until a period of sixty days	2142
has elapsed, whichever occurs first.	2143

(F)(G) Before entering upon the discharge of official duties,	2144
each member shall take, and file with the secretary of state, the	2145
oath of office required by Section 7 of Article XV, Ohio	2146
Constitution.	2147

(G)(H) Each member of the board, except for the director or	2148
the designee the director appoints under division (A) of this	2149
section, shall receive a per diem amount fixed pursuant to section	2150
124.15 of the Revised Code when actually attending to matters of	2151
the board and for the time spent in necessary travel, and all	2152
actual and necessary expenses incurred in the discharge of	2153
official duties.	2154

(H)(I) The director of commerce may remove any member of the	2155
board the director appoints for malfeasance, misfeasance, or	2156
nonfeasance.	2157

(I)(J) Membership on the board and holding any office of the	2158
board does not constitute the holding of a public office or	2159
employment within the meaning of any section of the Revised Code,	2160
or an interest, either direct or indirect, in a contract or	2161
expenditure of money by the state or any municipal corporation,	2162
township, special district, school district, county, or other	2163
political subdivision. No member or officer of the board is	2164
disqualified from holding any public office or employment nor	2165
shall the officer or member forfeit any public office or	2166
employment by reason of holding a position as an officer or member	2167
of the board.	2168

(J)(K) The board, and each section of the board, shall meet	2169
only after adequate advance notice of the meeting has been given	2170
to each member of the board or section, as appropriate.	2171

Sec. 4740.04.  The administrative section of the Ohio	2172
construction industry examining board is responsible for the	2173
administration of this chapter and shall do all of the following:	2174

(A) Schedule the examinations for heating, ventilating, and	2175
air conditioning contractors, refrigeration contractors,	2176
electrical contractors, plumbing contractors, and hydronics	2177
contractors, and residential contractors as directed by the	2178
applicable section of the board. The administrative section shall	2179
schedule examinations to be held at least four times per year.	2180

(B) Select and contract with one or more persons to do all of	2181
the following relative to the examinations described in division	2182
(A) of this section:	2183

(1) Prepare, administer, score, and maintain the	2184
confidentiality of the examinations;	2185

(2) Be responsible for all the expenses required to fulfill	2186
division (B)(1) of this section;	2187

(3) Charge an applicant a fee, in an amount authorized by the	2188
administrative section of the board, for administering the	2189
examination;	2190

(4) Design the examination for each type of contractor to	2191
determine an applicant's competence to perform the type of	2192
contracting for which the applicant is seeking licensure.	2193

(C) Issue and renew licenses to individuals who have attained	2194
at least the minimum score on an examination authorized by the	2195
plumbing section for plumbing contractors, the electrical section	2196
for electrical contractors, the heating, ventilating, air	2197
conditioning, and refrigeration section for heating, ventilating,	2198
and air conditioning contractors and refrigeration contractors,	2199
and both the heating, ventilating, air conditioning, and	2200
refrigeration and plumbing sections for hydronics contractors, and	2201
the residential construction section for residential contractors	2202
on the condition that the appropriate section of the board	2203
determines that the individual also is qualified as required by	2204
section 4740.06 of the Revised Code to hold a license;	2205

(D) Make an annual written report to the director of commerce	2206
on proceedings had by or before the board for the previous year	2207
and make an annual statement of all money received and expended by	2208
the board during the year;	2209

(E) Keep a record containing the name, address, the date on	2210
which the board issues or renews a license to, and the license	2211
number of, every heating, ventilating, and air conditioning	2212
contractor, refrigeration contractor, electrical contractor,	2213
plumbing contractor, and hydronics contractor, and residential	2214
contractor issued a license pursuant to this chapter;	2215

(F) Regulate a contractor's use and display of a license	2216
issued pursuant to this chapter and of any information contained	2217
in that license;	2218

(G) Adopt rules in accordance with Chapter 119. of the	2219
Revised Code as necessary to properly discharge the administrative	2220
section's duties under this chapter;	2221

(H) Keep a record of its proceedings and do all things	2222
necessary to carry out this chapter.	2223

Sec. 4740.05.  The heating, ventilating, air conditioning,	2224
and refrigeration section of the Ohio construction industry	2225
examining board for heating, ventilating, and air conditioning	2226
contractors and refrigeration contractors; the plumbing section of	2227
the board for plumbing contractors; the electrical section for	2228
electrical contractors; and both the heating, ventilating, air	2229
conditioning, and refrigeration and the plumbing sections for	2230
hydronics contractors; and the residential construction section	2231
for residential contractors, shall do all of the following:	2232

(A) Adopt rules in accordance with Chapter 119. of the	2233
Revised Code as this chapter relates to their respective sections.	2234
The rules shall be limited to the following:	2235

(1) Application procedures for examinations;

2236

(2) Specifications concerning continuing education	2237
requirements for license renewal that address all of the	2238
following:	2239

(a) Criteria for selecting and approving courses and persons	2240
to provide those courses;	2241

(b) A specification that individuals holding a valid and	2242
unexpired license be required to accrue no more than thirty hours	2243
of continuing education courses over a period of three years;	2244

(c) A requirement that persons seeking approval to provide	2245
continuing education courses submit information regarding the	2246
courses to the appropriate section of the board for approval not	2247
less than ninety days nor more than one year prior to the date on	2248
which the courses are offered, unless a section of the board	2249
permits submission at a different time;	2250

(d) A prohibition against any person providing a course for	2251
the purpose of meeting continuing education requirements unless,	2252
not more than one year prior to the date the course is offered,	2253
the person has been approved by the appropriate section of the	2254
board to provide that course;	2255

(e) A provision limiting approval of continuing education	2256
courses to one year;	2257

(f) A provision establishing the following annual fees, to be	2258
paid to the board by persons approved to provide continuing	2259
education courses:	2260

(i) For the approval of each continuing education course, not	2261
more than ten dollars plus one dollar per credit hour;	2262

(ii) For the approval of each person providing continuing	2263
education courses, twenty-five dollars.	2264

(3) Criteria the section of the board shall use in evaluating	2265
the qualifications of an individual;	2266

(4) Criteria the section of the board shall use in deciding	2267
whether to issue, renew, suspend, revoke, or refuse to issue or	2268
renew a license;	2269

(5) Determinations and approvals made under the reciprocity	2270
provision of section 4740.08 of the Revised Code;	2271

(6) Criteria establishing, as appropriate by each section,	2272
guidelines, requirements, and limitations regarding the issuance	2273
of a license to a heating, ventilating, and air conditioning	2274
contractor, a refrigeration contractor, a plumbing contractor, an	2275
electrical contractor, or a hydronics contractor who requests to	2276
be licensed only for construction projects involving residential	2277
buildings.	2278

(B) Investigate allegations in reference to violations of	2279
this chapter and the rules adopted pursuant thereto pertaining to	2280
the section and determine by rule a procedure for investigations	2281
and hearings on these allegations;	2282

(C) Maintain a record of its proceedings;

2283

(D) Grant approval to persons to offer continuing education	2284
courses pursuant to rules adopted under division (A)(2) of this	2285
section;	2286

(E) In accordance with rules adopted pursuant to division	2287
(A)(6) of this section, issue a license that is limited to	2288
construction projects involving residential buildings to a	2289
contractor who requests this limitation under those rules;	2290

(F) As required, do all things necessary to carry out this	2291
chapter.	2292

Sec. 4740.06.  (A) Any individual who applies for a license	2293
shall file a written application with the appropriate section of	2294
the Ohio construction industry examining board, accompanied with	2295
the application fee as determined pursuant to section 4740.09 of	2296
the Revised Code. The individual shall file the application with	2297
the appropriate section not more than sixty days nor less than	2298
thirty days prior to the date of the examination. The application	2299
shall be on the form prescribed by the appropriate section of the	2300
board and verified by the applicant's oath. It shall contain	2301
information satisfactory to the appropriate section showing that	2302
the applicant meets the requirements of division (B) of this	2303
section.	2304

(B) To qualify to take the examination required to obtain a	2305
license for a heating, ventilating, and air conditioning	2306
contractor, refrigeration contractor, electrical contractor,	2307
plumbing contractor, or hydronics contractor, or residential	2308
contractor, an individual shall:	2309

(1) Be at least eighteen years of age;

2310

(2) Be a United States citizen;

2311

(3) Either have been a tradesperson for the type of	2312
contractor for which the application is filed for not less than	2313
five years immediately prior to the date the application is filed,	2314
be an engineer, have three years of business experience in the	2315
construction industry, or have other experience acceptable to the	2316
section of the board that authorizes issuance of the type of	2317
license sought;	2318

(4) Maintain contractor's liability insurance, including	2319
without limitation, complete operations coverage, in an amount	2320
determined by the appropriate section of the board;	2321

(5) Not have done any of the following:

2322

(a) Been convicted of or pleaded guilty to a misdemeanor	2323
involving moral turpitude or of any felony;	2324

(b) Violated this chapter or any rule adopted pursuant to	2325
this chapter;	2326

(c) Obtained or renewed a license issued pursuant to this	2327
chapter, or any order, ruling, or authorization of the board or a	2328
section of the board by fraud, misrepresentation, or deception;	2329

(d) Engaged in fraud, misrepresentation, or deception in the	2330
conduct of business.	2331

(C) If the applicant for licensure as a heating, ventilating,	2332
and air conditioning contractor, refrigeration contractor,	2333
electrical contractor, plumbing contractor, or hydronics	2334
contractor, or residential contractor meets the qualifications set	2335
forth in division (B) of this section and passes the required	2336
examination, the appropriate section of the board, within ninety	2337
days after the applicant filed the application, shall authorize	2338
the administrative section of the board to license the applicant	2339
for the type of contractor's license for which the applicant	2340
qualifies. A section of the board may withdraw its authorization	2341
to the administrative section for issuance of a license for good	2342
cause shown, on the condition that notice of that withdrawal is	2343
given prior to the administrative section's issuance of the	2344
license.	2345

(D) Each license issued under this chapter expires one year	2346
after the date of issue, but each individual holding a valid,	2347
unexpired license may renew the license, without reexamination, by	2348
applying to the appropriate section of the board not more than	2349
ninety days before the expiration of the license, and submitting	2350
with the application the renewal fee as determined pursuant to	2351
section 4740.09 of the Revised Code and proof of compliance with	2352
the continuing education requirements applicable to that	2353
contractor. The renewal application shall contain information	2354
satisfactory to the appropriate section of the board showing that	2355
the applicant continues to meet the requirements of division (B)	2356
of this section.	2357

The appropriate section of the board may waive any of the	2358
requirements for renewal of a license upon finding that the	2359
applicant substantially has met the renewal requirements or that	2360
failure to timely apply for renewal is due to excusable neglect.	2361
If, in renewing a license, a section of the board waives	2362
requirements for renewal, that section may impose conditions upon	2363
that licensee and assess a late filing fee of not more than double	2364
the usual renewal fee.	2365

(E) An individual holding a valid and unexpired license may	2366
request the section of the board that authorized the issuance of	2367
that license to place the license in inactive status under	2368
conditions and for a period of time as determined by that section	2369
of the board.	2370

(F) Except for the ninety-day extension provided for under	2371
division (D) of section 4740.07 of the Revised Code, a license	2372
held by an individual immediately terminates upon the death of the	2373
individual.	2374

(G) Nothing in any license issued by the Ohio construction	2375
industry examining board shall be construed to limit or eliminate	2376
any requirement of or any license issued by the Ohio fire marshal.	2377

Sec. 4740.10.  (A) The heating, ventilating, air	2378
conditioning, and refrigeration section of the Ohio construction	2379
industry examining board for heating, ventilating, and air	2380
conditioning contractors and for refrigeration contractors; the	2381
electrical section of the board for electrical contractors; the	2382
plumbing section of the board for plumbing contractors; and both	2383
the plumbing section and the heating, ventilating, air	2384
conditioning, and refrigeration section for hydronics contractors;	2385
and the residential construction section for residential	2386
contractors may suspend or revoke a license and may direct the	2387
administrative section of the board to refuse to issue or renew a	2388
license if the section of the board finds that the applicant or	2389
licensee has done any of the following:	2390

(1) Been convicted of a misdemeanor involving moral turpitude	2391
or a felony;	2392

(2) Violated any provision of this chapter or the rules	2393
adopted pursuant thereto;	2394

(3) Obtained a license or any order, ruling, or authorization	2395
of the board by fraud, misrepresentation, or deception;	2396

(4) Engaged in fraud, misrepresentation, or deception in the	2397
conduct of business.	2398

(B) The appropriate section of the board shall determine the	2399
length of time that a license is to be suspended and whether or	2400
when an individual whose license has been revoked may apply for	2401
reinstatement. The appropriate section of the board may accept or	2402
refuse an application for reinstatement and may require an	2403
examination for reinstatement.	2404

(C) The appropriate section of the board may investigate any	2405
alleged violation of this chapter or rules adopted pursuant	2406
thereto. If, after its investigation, a section of the board	2407
determines that any person has engaged or is engaging in any	2408
practice that violates this chapter or the rules adopted pursuant	2409
thereto, that section may apply to the court of common pleas of	2410
the county in which the section determined that the violation	2411
occurred or is occurring for an injunction or other appropriate	2412
relief to enjoin or terminate the violation.	2413

(D) Any person who wishes to make a complaint against a	2414
person who holds a license shall submit the complaint in writing	2415
to the appropriate section of the board within one year after the	2416
date of the action or event upon which the complaint is based.	2417

Sec. 4740.12.  Nothing in this chapter shall be construed to	2418
limit the operation of any statute or rule of this state or any	2419
ordinance or rule of any political subdivision, district, or	2420
agency of the state that:	2421

(A) Regulates the installation, repair, maintenance, or	2422
alteration of plumbing systems, electrical systems, heating,	2423
ventilating, and air conditioning systems, or refrigeration	2424
systems;	2425

(B) Requires the registration and assessment of a	2426
registration or license fee of tradespersons who perform heating,	2427
ventilating, and air conditioning, refrigeration, electrical,	2428
plumbing, or hydronics, or residential construction, improvement,	2429
renovation, repair, or maintenance.	2430

Sec. 4740.13.  No person shall act as or claim to be a	2431
heating, ventilating, and air conditioning contractor,	2432
refrigeration contractor, plumbing contractor, electrical	2433
contractor, or hydronics contractor, or residential contractor	2434
unless that person holds or has been assigned a license issued	2435
pursuant to this chapter for the type of contractor that person is	2436
acting as or claiming to be.	2437

Contractors licensed under this chapter may install, service,	2438
and maintain the related or interfaced control wiring for	2439
equipment and devices related to their specific license, on the	2440
condition that the control wiring is less than twenty-five volts.	2441

Sec. 4740.14.  (A) There is hereby created within the	2442
department of commerce the residential construction advisory	2443
committee consisting of eight persons appointed by the director of	2444
commerce. Of the advisory committee's members, three shall be	2445
general contractors who have recognized ability and experience in	2446
the construction of residential buildings, two shall be building	2447
officials who have experience administering and enforcing a	2448
residential building code, one, chosen from a list of three names	2449
submitted by the Ohio fire chief's association, shall be from the	2450
fire service certified as a fire safety inspector who has at least	2451
ten years of experience enforcing fire or building codes, one	2452
shall be a residential contractor who has recognized ability and	2453
experience in the remodeling and construction of residential	2454
buildings, and one shall be an architect registered pursuant to	2455
Chapter 4703. of the Revised Code, with recognized ability and	2456
experience in the architecture of residential buildings.	2457

(B) The director shall make appointments to the advisory	2458
committee within ninety days after the effective date of this	2459
sectionSeptember 18, 2001. Terms of office shall be for three	2460
years, with each term ending on the date three years after the	2461
date of appointment. Each member shall hold office from the date	2462
of appointment until the end of the term for which the member was	2463
appointed. The director shall fill a vacancy in the manner	2464
provided for initial appointments. Any member appointed to fill a	2465
vacancy in an unexpired term shall hold office as a member for the	2466
remainder of that term.	2467

(C) The advisory committee shall do all of the following:

2468

(1) Within one hundred eighty days after the director has	2469
completed appointing all members of the advisory committee,	2470
recommend to the board of building standards a model building code	2471
for residential buildings. The committee may recommend a code that	2472
is modeled after a residential building code issued by national	2473
model code organizations, with adaptations necessary for	2474
implementation of the code in this state. If the board of building	2475
standards decides not to adopt a code as recommended by the	2476
committee, the committee shall revise the code and resubmit the	2477
code until the board agrees to adopt a code recommended by the	2478
committee as the statewide uniform residential building code;	2479

(2) Advise the board regarding the establishment of standards	2480
for certification of building officials who enforce a building	2481
code for residential buildings;	2482

(3) Assist the board in providing information and guidance to	2483
contractors of residential buildingscontractors and building	2484
officials who enforce a building code for residential buildings;	2485

(4) Advise the board regarding the interpretation of the	2486
residential building code established under rules adopted by the	2487
board pursuant to section 3781.10 of the Revised Code;	2488

(5) Provide other assistance as it considers necessary.

2489

(D) In making its recommendation to the board pursuant to	2490
division (C)(1) of this section, the advisory committee shall	2491
consider all of the following:	2492

(1) The impact that the modelresidential building code may	2493
have upon the health, safety, and welfare of the public;	2494

(2) The economic reasonableness of the modelresidential	2495
building code;	2496

(3) The technical feasibility of the modelresidential	2497
building code;	2498

(4) The financial impact that the modelresidential building	2499
code may have on the public's ability to purchase affordable	2500
housing.	2501

(E) Members of the advisory committee shall receive no salary	2502
for the performance of their duties as members, but shall receive	2503
their actual and necessary expenses incurred in the performance of	2504
their duties as members of the advisory committee.	2505

(F) The advisory committee is not subject to divisions (A)	2506
and (B) of section 101.84 of the Revised Code.	2507

(G) As used in this section, "residential building" means a	2508
one-family, two-family, or three-family dwelling house.	2509

Sec. 4929.03.  Except as otherwise provided in section	2510
4929.04 of the Revised Code, only the commodity sales services,	2511
distribution services, and ancillary services of a natural gas	2512
company are subject to the jurisdiction of the public utilities	2513
commission. Chapter 4905. with the exception of section 4905.10,	2514
Chapter 4909., Chapter 4935. with the exception of sections	2515
4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11,	2516
4933.123, 4933.17, 4933.28, 4933.31, and 4933.32 of the Revised	2517
Code do not apply to any other service or goods provided by a	2518
natural gas company. Nothing in this chapter prevents the	2519
commission from exercising its authority under Title XLIX of the	2520
Revised Code to protect customers of nonexempt, regulated services	2521
or goods from any adverse effects of the provision of unregulated	2522
services or goods. Nothing in this chapter affects the authority	2523
of the commission to enforce sections 4905.90 to 4905.96 of the	2524
Revised Code.	2525

Sec. 4929.04.  (A) The public utilities commission, upon the	2526
application of a natural gas company, after notice, after	2527
affording the public a period for comment, and in the case of a	2528
natural gas company with fifteen thousand or more customers after	2529
a hearing and in the case of a natural gas company with fewer than	2530
fifteen thousand customers after a hearing if the commission	2531
considers a hearing necessary, shall exempt, by order, any	2532
commodity sales service or ancillary service of the natural gas	2533
company from all provisions of Chapter 4905. with the exception of	2534
section 4905.10, Chapter 4909., and Chapter 4935. with the	2535
exception of sections 4935.01 and 4935.03 of the Revised Code,	2536
from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17,	2537
4933.28, 4933.31, and 4933.32 of the Revised Code, and from any	2538
rule or order issued under those Chapters or sections, including	2539
the obligation under section 4905.22 of the Revised Code to	2540
provide the commodity sales service or ancillary service, subject	2541
to divisions (E) and (F) of this section, and provided the	2542
commission finds that the natural gas company is in substantial	2543
compliance with the policy of this state specified in section	2544
4929.02 of the Revised Code and that either of the following	2545
conditions exists:	2546

(1) The natural gas company is subject to effective	2547
competition with respect to the commodity sales service or	2548
ancillary service;	2549

(2) The customers of the commodity sales service or ancillary	2550
service have reasonably available alternatives.	2551

(B) In determining whether the conditions in division (A)(1)	2552
or (2) of this section exist, factors the commission shall	2553
consider include, but are not limited to:	2554

(1) The number and size of alternative providers of the	2555
commodity sales service or ancillary service;	2556

(2) The extent to which the commodity sales service or	2557
ancillary service is available from alternative providers in the	2558
relevant market;	2559

(3) The ability of alternative providers to make functionally	2560
equivalent or substitute services readily available at competitive	2561
prices, terms, and conditions;	2562

(4) Other indicators of market power, which may include	2563
market share, growth in market share, ease of entry, and the	2564
affiliation of providers of services.	2565

(C) The applicant shall have the burden of proof under this	2566
section.	2567

(D) No application may be filed under division (A) of this	2568
section prior to one hundred eighty days after the effective date	2569
of this sectionSeptember 17, 1996.	2570

(E) The commission shall not issue an order under division	2571
(A) of this section that exempts all of a natural gas company's	2572
commodity sales services from the chapters and sections specified	2573
in that division unless the commission finds that the company	2574
offers distribution services on a fully open, equal, and unbundled	2575
basis to all its customers and that all such customers reasonably	2576
may acquire commodity sales services from suppliers other than the	2577
natural gas company.	2578

(F) An order exempting any or all of a natural gas company's	2579
commodity sales services or ancillary services under division (A)	2580
of this section shall prescribe both of the following:	2581

(1) A separation plan that ensures, to the maximum extent	2582
practicable, that the operations, resources, and employees	2583
involved in the provision or marketing of exempt commodity sales	2584
services or ancillary services, and the books and records	2585
associated with those services, shall be separate from the	2586
operations, resources, and employees involved in the provision or	2587
marketing of nonexempt commodity sales services or ancillary	2588
services and the books and records associated with those services;	2589

(2) A code of conduct that governs both the company's	2590
adherence to the state policy specified in section 4929.02 of the	2591
Revised Code and its sharing of information and resources between	2592
those employees involved in the provision or marketing of exempt	2593
commodity sales services or ancillary services and those employees	2594
involved in the provision or marketing of nonexempt commodity	2595
sales services or ancillary services.	2596

The commission, however, shall not prescribe, as part of any	2597
such separation plan or code of conduct, any requirement that	2598
unreasonably limits or restricts a company's ability to compete	2599
with unregulated providers of commodity sales services or	2600
ancillary services.	2601

(G) Notwithstanding division (A)(2) of section 4929.08 of the	2602
Revised Code or any exemption granted under division (A) of this	2603
section, the commission has jurisdiction under section 4905.26 of	2604
the Revised Code, upon complaint of any person or upon the	2605
complaint or initiative of the commission, to determine whether a	2606
natural gas company has failed to comply with a separation plan or	2607
code of conduct prescribed under division (F) of this section. If,	2608
after notice and hearing as provided in section 4905.26 of the	2609
Revised Code, the commission is of the opinion that a natural gas	2610
company has failed to comply with such a plan or code, the	2611
commission may do any of the following:	2612

(1) Issue an order directing the company to comply with the	2613
plan or code;	2614

(2) Modify the plan or code, if the commission finds that	2615
such a modification is reasonable and appropriate, and order the	2616
company to comply with the plan or code as modified;	2617

(3) Abrogate the order granting the company's exemption under	2618
division (A) of this section, if the commission finds that the	2619
company has engaged in one or more material violations of the plan	2620
or code, that the violation or violations were intentional, and	2621
that the abrogation is in the public interest.	2622

(H) An order issued under division (G) of this section is	2623
enforceable in the manner set forth in section 4905.60 of the	2624
Revised Code. Any violation of such an order shall be deemed a	2625
violation of a commission order for the purpose of section 4905.54	2626
of the Revised Code.	2627

Section 2. That existing sections 307.37, 307.38, 307.381,	2628
307.40, 505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02,	2629
3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102,	2630
3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04,	2631
3791.99, 4703.18, 4733.18, 4740.01, 4740.02, 4740.04, 4740.05,	2632
4740.06, 4740.10, 4740.12, 4740.13, 4740.14, 4929.03, and 4929.04	2633
and sections        Sec. 3781.181. ,        Sec. 3781.182. ,        Sec. 3781.21. , and        Sec. 4933.31.  of the	2634
Revised Code are hereby repealed.	2635

Section 3. On or before ninety days after the effective date	2636
of this section, the Ohio Construction Industry Examining Board	2637
shall send notice by regular mail to the legislative authority of	2638
a municipal corporation and to the board of county commissioners	2639
of every county that, prior to the effective date of this section,	2640
provided for the licensing or registration of residential	2641
contractors, informing the municipal corporation and board of	2642
county commissioners of the provisions of this act.	2643

On or before ninety days after the effective date of this	2644
section, the Ohio Construction Industry Examining Board shall	2645
publish notice of the provisions of this act in appropriate trade	2646
publications and in a newspaper of general circulation in each of	2647
the nine most populous metropolitan areas of this state, once a	2648
week for three consecutive weeks.	2649

Section 4. On or before ninety days after the effective date	2650
of this section, the Director of Commerce shall appoint members to	2651
the residential construction section of the Ohio Construction	2652
Industry Examining Board as required under division (E) of section	2653
4740.02, as amended by this act. The director shall appoint the	2654
initial members to terms as follows and thereafter terms shall be	2655
for three years in accordance with section 4740.02 of the Revised	2656
Code:	2657

(A) The building official employed by a municipal corporation	2658
or a county, to an initial term ending on July 31, 2005;	2659

(B) The residential contractor who has recognized ability and	2660
experience in the remodeling of residential buildings and the	2661
architect registered pursuant to Chapter 4703. of the Revised	2662
Code, to an initial term ending on July 31, 2006;	2663

(C) The two residential contractors with recognized ability	2664
and experience in the construction of residential buildings, to an	2665
initial term ending on July 31, 2007.	2666

Section 5. (A) The residential construction section of the	2667
Ohio Construction Industry Examining Board shall issue a license	2668
to any individual who meets the criteria described in division (B)	2669
or (C) of this section.	2670

(B) The individual does all of the following:

2671

(1) Applies to the residential construction section of the	2672
Board on or before one hundred eighty days after the effective	2673
date of this section;	2674

(2) Pays the appropriate fee determined by the residential	2675
construction section of the Board;	2676

(3) Has been actively engaged as a residential contractor in	2677
this state for at least three years immediately prior to the	2678
effective date of this section;	2679

(4) Furnishes business records or other evidence to verify	2680
the experience required under division (B)(3) of this section to	2681
the satisfaction of the residential construction section of the	2682
Board;	2683

(5) Provides evidence of all of the following:

2684

(a) Current contractor's liability insurance, including	2685
without limitation, complete operations coverage, in the amount of	2686
three hundred thousand dollars;	2687

(b) Compliance with Chapters 4121. and 4123. of the Revised	2688
Code;	2689

(c) Compliance with any other applicable legal requirements	2690
to do business in this state, as determined by the Board.	2691

(C) The individual applies to the residential construction	2692
section of the Board on or before one year after the effective	2693
date of this section, pays the appropriate fee determined by each	2694
respective section of the Board, and demonstrates that the	2695
individual satisfies qualification requirements as the Board	2696
determines, to the Board's satisfaction.	2697

(D) Notwithstanding division (B)(5)(a) of this section, when	2698
more than one individual affiliated with a business entity is	2699
issued a license pursuant to division (B) or (C) of this section,	2700
those individuals collectively shall provide to the residential	2701
construction section of the Board evidence of current contractor's	2702
liability coverage, including complete operations coverage, in the	2703
total amount of three hundred thousand dollars.	2704

(E) As used in this section, "residential building" has the	2705
same meaning as in section 3781.06 of the Revised Code.	2706

Section 6. Sections 1 and 2 of this act shall take effect	2707
nine months after the effective date of this section.	2708

Section 7. The Director of Commerce shall appoint a	2709
residential contractor to the Residential Construction Advisory	2710
Committee in accordance with division (A) of section 4740.14 of	2711
the Revised Code, as amended by this act, to replace the member	2712
who, on the effective date of this section, is serving on the	2713
Residential Construction Advisory Committee as a contractor who	2714
has recognized ability and experience in the remodeling of	2715
residential buildings. The Director shall make this appointment on	2716
or after the eighteenth day of September of the year of expiration	2717
of the term of the contractor who has recognized ability and	2718
experience in the remodeling of residential buildings.	2719

Section 8. (A) On or before ninety days after the effective	2720
date of this section, the Residential Construction Advisory	2721
Committee shall recommend to the Board of Building Standards a	2722
building code for residential buildings to replace the model code	2723
that the Committee was required to recommend pursuant to division	2724
(C)(1) of section 4740.14 of the Revised Code as it existed before	2725
the effective date of its amendment by this act. The committee	2726
shall recommend a code that is modeled after a residential	2727
building code issued by national model code organizations, with	2728
adaptations necessary for implementation of the code in this	2729
state. The committee shall recommend a code that does not address	2730
zoning, statutory requirements concerning the percentage of	2731
contracts that shall be awarded to any specifically identified	2732
type of disadvantaged contractors, or architectural preferences	2733
that are not integral to the safety of residential buildings. If	2734
the board of building standards decides not to adopt a code as	2735
recommended by the committee, the committee shall revise the code	2736
and resubmit the code until the board agrees to adopt a code	2737
recommended by the committee as the statewide uniform residential	2738
building code.	2739

(B) The Board of Building Standards shall receive from the	2740
Residential Construction Advisory Committee a residential building	2741
code that the committee recommends pursuant to division (A) of	2742
this section and, upon receipt of a recommendation that is	2743
acceptable to the board, the board shall adopt rules establishing	2744
that code as the statewide uniform residential building code. The	2745
committee and the board shall agree to a code on or before one	2746
hundred twenty days after the effective date of this section and	2747
the Board shall adopt rules establishing that code as the	2748
statewide uniform residential building code on or before one	2749
hundred eighty days after the effective date of this section.	2750

(C) The rules the Board adopts pursuant to division (B) of	2751
this section shall have no force or effect until nine months after	2752
the effective date of this section.	2753

Section 9. Any building department that enforces a	2754
residential building code on or before the effective date of this	2755
section and that wishes to enforce the residential building code	2756
adopted by the Board of Building Standards pursuant to this act,	2757
may, notwithstanding section 3781.10 of the Revised Code, enforce	2758
the residential building code adopted by the Board, without being	2759
certified under section 3781.10 of the Revised Code to enforce	2760
that residential building code, for not more than one year after	2761
the Board adopts that residential building code. Thereafter, to	2762
continue enforcement, that building department shall become	2763
certified to enforce the residential building code pursuant to	2764
section 3781.10 of the Revised Code.	2765

Section 10. In enacting the legislation, both of the	2766
following are the intent of the General Assembly:	2767

(A) That the provisions of this act are general laws created	2768
in the exercise of the state's police power, arising out of	2769
matters of statewide concern, and are designed for the health	2770
safety, and welfare of contractors, their employees, and the	2771
public;	2772

(B) That the provisions of this act eliminate duplicative	2773
bureaucracies to create a system under which an affected	2774
contractor may obtain a single license to permit the contractor to	2775
do business in all parts of this state and to obtain authorization	2776
to do business in other states.	2777