REPRESENTATIVES Buehrer, Widener, Olman, D. Evans, Kilbane, Hagan, Taylor, Flowers, Hughes, Martin, Schaffer, Setzer

To amend sections 307.37, 307.38, 307.381, 307.40,

1

505.73, 505.75, 505.76, 505.77, 505.78, 3703.01,

2

3722.02, 3722.041, 3781.01, 3781.03, 3781.031,

3

3781.06, 3781.10, 3781.102, 3781.11, 3781.12,

4

3781.13, 3781.18, 3781.183, 3781.99, 3791.04,

5

3791.042, 3791.99, 4703.18, 4733.18, 4740.01,

6

4929.03, 4929.04, and 4929.09, to enact sections

7

1312.01 to 1312.06 and 4740.14, and to repeal

8

sections 3781.181, 3781.182, 3781.21, and 4933.31

9

of the Revised Code to establish a state

10

residential building code, to make other changes

11

in the laws governing residential construction,

12

and to establish a "right to cure" procedure under

13

which a residential contractor may cure a defect

14

prior to an owner commencing arbitration

15

proceedings or a civil action.

16

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

Section 1. That sections 307.37, 307.38, 307.381, 307.40,	17
505.73, 505.75, 505.76, 505.77, 505.78, 3703.01, 3722.02,	18
3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102,	19
3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04,	20
3791.042, 3791.99, 4703.18, 4733.18, 4740.01, 4929.03, 4929.04,	21
and 4929.09 be amended and sections 1312.01, 1312.02, 1312.03,	22
1312.04, 1312.05, 1312.06, and 4740.14 of the Revised Code be	23
enacted to read as follows:	24

Sec. 307.37. (A) As used in division (B)(4) of this section,	25
"proposed new construction" means a proposal to erect, construct,	26
repair, alter, redevelop, or maintain a single-family, two-family,	27
or three-family dwelling or any structure that is regulated by the	28
Ohio building code.	29

(B)(1)(a) The board of county commissioners, in addition to	30
its other powers, may adopt, amend, rescind, administer, and	31
enforce regulations pertaining to the erection, construction,	32
repair, alteration, redevelopment, and maintenance of	33
single-family, two-family, and three-family dwellings within the	34
unincorporated territory of the county, or the board may establish	35
districts in any part of the unincorporated territory and may	36
adopt, amend, rescind, administer, and enforce such regulations in	37
the 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. Except as provided in division	44
(B)(3) of this section, in no case shall the regulations go beyond	45
the scope of regulating the safety, health, and sanitary	46
conditions of those buildings.	47

Any person adversely affected by an order of the board	48
adopting, amending, or rescinding a regulation under this section	49
may appeal to the court of common pleas of the county on the	50
ground that the board failed to comply with the law in adopting,	51
amending, rescinding, publishing, or distributing the regulation,	52
that the regulation, as adopted or amended by the board, is	53
unreasonable or unlawful, or that the revision of the regulation	54
was unreasonable or unlawfulmay adopt local residential building	55
regulations governing residential buildings as defined in section	56
3781.06 of the Revised Code. No local residential building	57
regulation shall differ from the state residential building code	58
the board of building standards establishes pursuant to Chapter	59
3781. of the Revised Code unless the regulation or code addresses	60
subject matter not addressed by the state residential building	61
code or is adopted pursuant to section 3781.01 of the Revised	62
Code.	63

(b) The board of county commissioners may, by resolution,	64
adopt by incorporation by reference, administer, and enforce	65
within the unincorporated area of the county an existing	66
structures code pertaining to the repair and continued maintenance	67
of structures and the premises of those structures provided that	68
the existing structures code governs subject matter not addressed	69
by, and is not in conflict with, the state residential building	70
code adopted pursuant to Chapter 3781. of the Revised Code.	71

(c) The board shall assign the duties of administering and	72
enforcing any local residential building regulations or existing	73
structures code to a county officer or employee who is trained and	74
qualified for those duties and shall establish by resolution the	75
minimum qualifications necessary to perform those duties.	76

(2) A county building codeThe board may includeadopt	77
regulations for participation in the national flood insurance	78
program established in the "Flood Disaster Protection Act of	79
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, and regulations	80
adopted for the purposes of section 1506.04 or 1506.07 of the	81
Revised Code governing the prohibition, location, erection,	82
construction, redevelopment, or floodproofing of new buildings or	83
structures, substantial improvements to existing buildings or	84
structures, or other development in unincorporated territory	85
within flood hazard areas identified under the "Flood Disaster	86
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as	87
amended, or within Lake Erie coastal erosion areas identified	88
under section 1506.06 of the Revised Code, including, but not	89
limited to, residential, commercial, institutional, or industrial	90
buildings or structures or other permanent structures, as defined	91
in section 1506.01 of the Revised Code. RulesNo regulation	92
adopted under division (B)(2) of this section shall not conflict	93
with the Ohio building code.	94

(3)(a) A county building code may includeboard may adopt	95
regulations that provide for a review of the specific effects of a	96
proposed new construction on existing surface or subsurface	97
drainage. The regulations may require reasonable drainage	98
mitigation and reasonable alteration of a proposed new	99
construction before a building permit is issued in order to	100
prevent or correct any adverse effects that the proposed new	101
construction may have on existing surface or subsurface drainage.	102
The regulations shall not be inconsistent with, more stringent	103
than, or broader in scope than standards adopted by the natural	104
resource conservation service in the United States department of	105
agriculture concerning drainage or rules adopted by the	106
environmental protection agency for reducing, controlling, or	107
mitigating storm water runoff from construction sites, where	108
applicable. The regulations shall allow a person who is registered	109
under Chapter 4703. or 4733. of the Revised Code to prepare and	110
submit relevant plans and other documents for review, provided	111
that the person is authorized to prepare the plans and other	112
documents pursuant to the person's registration.	113

(b) If regulations are adopted under division (B)(3) of this	114
section, the board shall specify in the regulations a procedure	115
for the review of the specific effects of a proposed new	116
construction on existing surface or subsurface drainage. The	117
procedure shall include at a minimum all of the following:	118

(i) A meeting at which the proposed new construction shall be	119
examined for those specific effects. The meeting shall be held	120
within thirty days after an application for a building permit is	121
filed or a review is requested unless the applicant agrees in	122
writing to extend that time period or to postpone the meeting to	123
another date, time, or place. The meeting shall be scheduled	124
within five days after an application for a building permit is	125
filed or a review is requested.	126

(ii) Written notice of the date, time, and place of that	127
meeting, sent by regular mail to the applicant. The written notice	128
shall be mailed at least seven days before the scheduled meeting	129
date.	130

(iii) Completion of the review by the board of county	131
commissioners not later than thirty days after the application for	132
a building permit is filed or a review is requested unless the	133
applicant has agreed in writing to extend that time period or	134
postpone the meeting to a later time, in which case the review	135
shall be completed not later than two days after the date of the	136
meeting. A complete review shall include the issuance of any order	137
of the board of county commissioners regarding necessary	138
reasonable drainage mitigation and necessary reasonable	139
alterations to the proposed new construction to prevent or correct	140
any adverse effects on existing surface or subsurface drainage so	141
long as those alterations comply with the state building code	142
adopted pursuant to section 3781.10 of the Revised Code. If the	143
review is not completed within the thirty-day period or an	144
extended or postponed period that the applicant has agreed to, the	145
proposed new construction shall be deemed to have no adverse	146
effects on existing surface or subsurface drainage, and those	147
effects shall not be a valid basis for the denial of a building	148
permit.	149

(iv) A written statement, provided to the applicant at the	150
meeting or in an order for alterations to a proposed new	151
construction, informing the applicant of the right to seek	152
appellate review of the denial of a building permit under division	153
(B)(3)(b)(iii) of this section by filing a petition in accordance	154
with Chapter 2506. of the Revised Code.	155

(c) The regulations may authorize the board, after obtaining	156
the advice of the county engineer, to enter into an agreement with	157
the county engineer or another qualified person or entity to carry	158
out any necessary inspections and make evaluations about what, if	159
any, alterations are necessary to prevent or correct any adverse	160
effects that a proposed new construction may have on existing	161
surface or subsurface drainage.	162

(d) Regulations authorized byadopted pursuant to division	163
(B)(3) of this section shall not apply to any property that a	164
platting authority has been approved by a platting authority under	165
section 711.05, 711.09, or 711.10, or 711.131 of the Revised Code	166
and shall not govern the same subject matter as the state	167
residential building code adopted pursuant to section 3781.10 of	168
the Revised Code.	169

(e) As used in division (B)(3) of this section, "subsurface	170
drainage" does not include a household sewage disposal system as	171
defined in section 3709.091 of the Revised Code.	172

(C) Regulations or amendments(1) Any regulation, code, or	173
amendment may be adopted under this section only after a public	174
hearing at not fewer than two regular or special sessions of the	175
board. The board shall cause notice of any public hearing to be	176
published in a newspaper of general circulation in the county once	177
a week for the two consecutive weeks immediately preceding the	178
hearing, except that if the board posts the hearing notice on the	179
board's internet site on the world wide web, the board need	180
publish only one notice of the hearing in a newspaper of general	181
circulation if that newspaper notice includes the board's internet	182
site and a statement that the notice is also posted on the	183
internet site. Any notice of thea public hearings, including	184
hearing shall include the time, date, and place, once a week for	185
two weeks immediately precedingof the hearings. Thehearing.	186

(2) Any proposed regulations or amendmentsregulation, code,	187
or amendment shall be made available by the board to the public at	188
the board office. The regulations or amendments shall take effect	189
on the thirty-first day following the date of their adoption.	190

(D)(1) No person shall violate any regulation of, code, or	191
amendment the board adoptedadopts under sections 307.37 to 307.40	192
of the Revised Code.	193

(2) Each day during which an illegal location, erection,	194
construction, floodproofing, repair, alteration, development,	195
redevelopment, or maintenance continues may be considered a	196
separate offense.	197

(E) Regulations or amendments adopted by resolution of the	198
boardthe board adopts pursuant to this section, with the	199
exception of an existing structures code, do not affect buildings	200
or structures that exist or on which construction has begun on or	201
before the date the board adopts the regulation or amendment is	202
adopted by the board.	203

(F)(1) The board may provide forcreate a building regulation	204
department and may employ the personnel that it determines to be	205
necessary for the purpose of enforcing its regulationsto	206
administer and enforce any local residential building regulations	207
or existing structures code the board adopts pursuant to this	208
section. The building department may enforce the state residential	209
and nonresidential building codes adopted pursuant to Chapter	210
3781. of the Revised Code if the building department is certified	211
pursuant to section 3781.10 of the Revised Code to enforce those	212
codes.	213

Upon certification of the building department under section	214
3781.10 of the Revised Code, the(2) The board may direct the	215
county building department, upon certification, to exercise	216
enforcement authority and to accept and approve plans pursuant to	217
sections 3781.03 and 3791.04 of the Revised Code for any other	218
kind orthe class of building in the unincorporated territory of	219
the countyfor which the department and personnel are certified.	220

(G) The regulations a board adopts pursuant to division (B)	221
of this section may be enforced within the unincorporated areas of	222
the county and within any municipal corporation that has	223
contracted with the board pursuant to section 307.15 of the	224
Revised Code to enforce the county regulations in the municipal	225
corporation.	226

Sec. 307.38. For the purposes of administering and enforcing	227
the(A) To administer and enforce any local building regulations,	228
as provided byor existing structures code the board of county	229
commissioners adopts under section 307.37 of the Revised Code and	230
the state residential and nonresidential building codes the board	231
of building standards establishes pursuant to Chapter 3781. of the	232
Revised Code, the board of county commissioners may create,	233
establish, fill, and fix the compensation of the position of	234
county building inspector. Such position shall be in the	235
competitive classifiedunclassified service, and. The appointment,	236
promotion, and removal of the inspector shall be governed by	237
Chapter 124. of the Revised Code. In lieu of the creation of any	238
suchcreating that position, the board may assign the duties of	239
the office to an existing county officer who is certified pursuant	240
to section 3781.10 of the Revised Code. The duties of the	241
inspector shall be the administration and enforcement of building	242
regulations.	243

(B) The board may contract with anyand a municipal	244
corporation in the county for the administration and enforcement	245
ofmay enter into a contract under which one entity enforces for	246
the other entity any local building regulations and any municipal	247
corporation may contract with the board for the administration and	248
enforcement of the building regulations of such municipal	249
corporation, existing structures code, or, if certified pursuant	250
to section 3781.10 of the Revised Code, the state residential and	251
nonresidential building codes in the other entity's jurisdiction.	252

The board, pursuant(C) Pursuant to a contract authorizing	253
such action, the board may contract on behalf of one or more	254
municipal corporations within its jurisdiction for another county	255
or another municipal corporation within or outside the county to	256
administer and enforce the state residential and nonresidential	257
building codecodes, any local residential building regulations,	258
and any existing structures code within the jurisdiction of the	259
municipal corporations seeking those services. The contract the	260
board enters into on behalf of these municipal corporations shall	261
provide for obtainingspecify which county or municipal	262
corporation is responsible for administering and enforcing the	263
codes and regulations and obtaining the appropriate certification	264
pursuant to division (E) of section 3781.10 of the Revised Code	265
for the exercise of administration and enforcement authority	266
within the municipal corporations and shall specify which	267
political subdivision is responsible for securing that	268
certification.	269

(D) In aany county whichthat has a building department	270
certified pursuant to section 3781.10 of the Revised Code, but not	271
certified through a contract with another political subdivision,	272
and whichthat has a board of building appeals certified pursuant	273
to section 3781.20 of the Revised Code, ifany contract the board	274
of county commissioners contractsenters into with a municipal	275
corporation or otheranother county for the first county to	276
administer and enforce the state residential and nonresidential	277
building code within the municipal corporation or within the other	278
county, the contractcodes shall require the board of building	279
appeals in the certified county board of appeals to hear appeals	280
from adjudication orders pertaining to the enforcement of Chapters	281
3781. and 3791. of the Revised Code and any rules adopted pursuant	282
to thesethose chapters within the municipal corporation or other	283
county.	284

Sec. 307.381. (A) The board of county commissioners of any	285
county which adopts regulations pursuant to section 307.37 of the	286
Revised Code and whichthat has a county building department	287
certified pursuant to section 3781.10 of the Revised Code, but not	288
certified through a contract with another political subdivision,	289
may by resolution establish a county board of building appeals,	290
make appointments to the board, and fix the compensation, if any,	291
of the board members. Upon	292

(B) Upon certification under section 3781.20 of the Revised	293
Code, the county board of building appeals shall hear and decide	294
appeals from adjudication orders of the county building inspector	295
or other officer assigned to perform histhe building official's	296
duties pertaining to the enforcement within histhe jurisdiction	297
of Chapters 3781. and 3791. of the Revised Code and any rules	298
adopted pursuant theretoto those chapters.	299

Sec. 307.40. (A)(1) No person shall erect, construct, alter,	300
repair, or maintain any single-family, two-family, or three-family	301
dwellingsresidential building as defined in section 3781.06 of	302
the Revised Code, within the unincorporated portion of any county,	303
whereinin which the board of county commissioners has enacted	304
created a building department to administer and enforce local	305
building regulations as provided in section 307.37 of the Revised	306
Code,or an existing structures code unless suchthat person fully	307
complies with the local building regulations are fully complied	308
withand existing structures code. In the event	309

(2) No person shall erect, construct, alter, repair, or	310
maintain any residential building as defined in section 3781.06 of	311
the Revised Code within the unincorporated portion of any county	312
in which a certified building department has jurisdiction to	313
enforce the state residential building code unless that person	314
fully complies with the state residential building code.	315

(B) In addition to any remedies provided by law, if any	316
building is being erected, constructed, altered, repaired, or	317
maintained in violation of the local building regulations adopted	318
by resolution under the authority granted by such section, the	319
existing structures code or the state residential building code in	320
a county in which a certified building department enforces the	321
state code, the board, the prosecuting attorney, or the county	322
building inspector of such county, or any owner of an adjacent,	323
contiguous, or neighboring property owner who would be especially	324
damaged by suchthat violation, in addition to the remedies	325
provided by law, may institute a suit for injunction, abatement,	326
or other appropriate action to prevent suchthe violation of the	327
regulations relating to the erection, construction, alteration,	328
repair, or maintenance of such building. Sections	329

(C) Sections 307.37 to 307.40, inclusive, of the Revised Code	330
do not confer any power on any board inof county commissioners	331
with respect to the location, erection, construction,	332
reconstruction, change, alteration, maintenance, removal, use, or	333
enlargement of any buildings or structures of any public utility	334
or railroad, whether publicly or privately owned, or the use of	335
land by any public utility or railroad for the operation of its	336
business.	337

Sec. 505.73. (A) The board of township trustees may, by	338
resolution, adopt by incorporation by reference, administer, and	339
enforce within the unincorporated area of the township an existing	340
structures code pertaining to the repair and continued maintenance	341
of structures and the premises of suchthose structures. For such	342
that purpose, the board shall adopt any model or standard code	343
prepared and promulgated by thethis state, any department, board,	344
or other agency of thethis state, or any public or private	345
organization that publishes a recognized model or standard code on	346
the subject. The board shall ensure that the code adopted governs	347
subject matter not addressed by the state residential building	348
code and that it is fully compatible with the localstate	349
residential and nonresidential building code and the rules of	350
codes the board of building standards adoptedadopts pursuant to	351
section 3781.10 of the Revised Code.	352

(B) The board shall assign the duties of administering and	353
enforcing the existing structures code to a township officer or	354
employee who is trained and qualified for suchthose duties and	355
shall establish by resolution the minimum qualifications necessary	356
for performance of suchto perform those duties.	357

(C)(1) After the board adopts aan existing structures code,	358
the township clerk shall post a notice which shallthat clearly	359
identifyidentifies the code, statestates the code's purpose of	360
the code, stateand states that a complete copy of the code is on	361
file for inspection by the public with the township clerk and in	362
the county law library of the county in which the township is	363
located, and state that the clerk has copies available for	364
distribution to the public at cost. The	365

(2) The township clerk shall post the notice in five	366
conspicuous places in the township for thirty days before the code	367
becomes effective. The clerkand shall also publish the notice in	368
a newspaper of general circulation in the township for three	369
consecutive weeks. If the adopting township amends or deletes any	370
provision of the code, the notice shall contain a brief summary of	371
the deletion or amendment.	372

(D) If the agency that originally promulgated or published	373
the existing structures code thereafter amends the code, any	374
township that has adopted the code pursuant to this sectionthe	375
board may adopt the amendment or change by incorporation by	376
reference in the same manner as provided for the adoption of the	377
original code.	378

Sec. 505.75.  (A)(1) A board of township trustees may, by	379
resolution adopt by incorporation by reference, administer, and	380
enforce a standard code pertaining to the erection, construction,	381
repair, alteration, and maintenance of single-family, two-family,	382
and three-family dwellings promulgated by the state, or any	383
department, board, or other agency thereof, or by any municipal	384
corporation or county in this state, within the unincorporated	385
territory of the township, or establish districts in any part of	386
the unincorporated territory and adopt, administer, and enforce	387
such standard code in the affected districts. When adopted, all	388
regulations contained in such code, including those establishing	389
service charges, shall be uniform within all districts in which	390
building codes are established, except that more stringent	391
regulations may be imposed in flood hazard areas in order to	392
prevent or reduce the hazard resulting from flooding. In no case	393
shall regulations exceed the scope of regulating the safety,	394
health, and sanitary conditions of such buildings. Any person	395
adversely affected by a resolution of the board adopting,	396
amending, or rescinding a regulation may seek a declaratory	397
judgment pursuant to Chapter 2721. of the Revised Code on the	398
ground that the board failed to comply with the law in adopting,	399
amending, rescinding, publishing, or distributing the regulation,	400
or that the regulation, as adopted or amended by the board, is	401
unreasonable or unlawful, or that the revision of the regulation	402
was unreasonable or unlawfuladopt local residential building	403
regulations governing residential buildings as defined in section	404
3781.06 of the Revised Code. No regulation shall differ from the	405
state residential building code unless the regulation addresses	406
subject matter not addressed by the state residential building	407
code or is adopted pursuant to section 3781.01 of the Revised	408
Code.	409

A township building code(2) The board may includeadopt	410
regulations that are necessary for participation in the national	411
flood insurance program and arethat do not in conflict with the	412
Ohioresidential and nonresidential building codecodes, governing	413
the prohibition, location, erection, construction, or	414
floodproofing of new buildings or structures, or substantial	415
improvements to existing buildings or structures, in	416
unincorporated territory within flood hazard areas identified	417
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	418
42 U.S.C.A. 4002, as amended, including, but not limited to,	419
residential, commercial, or industrial buildings or structures.	420

(B)(1) Regulations or amendments may be adopted under this	421
section only after a public hearing at not fewer than two regular	422
or special sessions of the board and upon an affirmative vote of	423
all members of the board. The board shall cause notice of a public	424
hearing to be published in a newspaper of general circulation in	425
the township notice of the public hearings, including time, date,	426
and place, once a week for two weeks immediately preceding the	427
hearings.a hearing, except that if the board posts the hearing	428
notice on the board's internet site on the world wide web, the	429
board need publish only one notice of the hearing in a newspaper	430
of general circulation if that newspaper notice includes that	431
internet site and a statement that the notice is also posted on	432
the internet site. Any notice the board publishes or posts shall	433
include the time, date, and place of the public hearing.	434

(2) The proposed regulations or amendments shall be made	435
available by the board to the public at the board office.	436

The township building code shall be adopted if it is approved	437
by an affirmative vote of all members of the board of township	438
trustees.	439

The building code and any amendments to the building code	440
adopted by the board become effective thirty days after the date	441
of adoption unless, within thirty days after the adoption of the	442
building code or amendments, there is presented to the board a	443
petition, signed by a number of qualified voters residing in the	444
unincorporated area of the township equal to not less than eight	445
per cent of the total vote cast for all candidates for governor in	446
the area at the most recent general election at which a governor	447
was elected, requesting the board to submit the building code or	448
amendments to the electors of such area for approval or rejection	449
at the next primary or general election.	450

No building code or amendments for which the referendum vote	451
has been requested shall be put into effect unless a majority of	452
the vote cast on the issue is in favor of the building code or	453
amendments. Upon certification by the board of elections they take	454
immediate effect.	455

(C)(1) The board of township trustees may establishcreate a	456
building regulation department and employ personnel it determines	457
necessary to administer and enforce building regulationsany local	458
residential building regulations or existing structures code the	459
board adopts pursuant to this section. The building department may	460
enforce state residential and nonresidential building codes the	461
board of building standards establishes pursuant to Chapter 3781.	462
of the Revised Code if the department is certified pursuant to	463
section 3781.10 of the Revised Code to enforce those codes. Upon	464
certification of the building department under section 3781.10 of	465
the Revised Code, the board of township trustees may direct the	466
township building department to exercise enforcement authority and	467
to accept and approve plans pursuant to sections 3781.03 and	468
3791.04 of the Revised Code for any other kind or class of	469
building in the unincorporated territory of the townshipfor the	470
classes of buildings for which the building department and	471
personnel are certified.	472

For the purposes of administering and enforcing the(2) To	473
administer and enforce any local residential building regulations,	474
or existing structures code and the state residential and	475
nonresidential building codes, the board of township trustees may	476
create, establish, fill, and fix the compensation of the position	477
of township building inspector. The inspector shall beto serve as	478
the chief administrative officer of the township building	479
regulation department and shall administer and enforce the	480
building regulations. In lieu of the creation ofcreating the	481
position of township building inspector, the board may assign the	482
duties of the inspector to an existing township officer who is	483
certified pursuant to division (E) of section 3781.10 of the	484
Revised Code.	485

(D)(1) The board of township trustees may contract with any	486
municipal corporation or with a board of county commissioners for	487
the administration and enforcement ofto administer and enforce	488
local residential building regulations, and any existing	489
structures code in the township. A building department of that	490
municipal corporation may enforce the state residential and	491
nonresidential building codes in the township if the building	492
department is certified to enforce those codes.	493

(2) Any municipal corporation or board of county	494
commissioners may contract with a board of township trustees for	495
the administration and enforcement of theto administer and	496
enforce local building regulations of the municipal corporation or	497
countyor an existing structures code in the municipal corporation	498
or county and, if certified, to enforce the state residential and	499
nonresidential building codes in the municipal corporation or	500
unincorporated areas of the county.	501

Sec. 505.76. (A) BuildingLocal residential building	502
regulations adopted or amended by a board of township trustees	503
adopts under sectionssection 505.75 to 505.77 of the Revised Code	504
and an existing structures code the board adopts pursuant to	505
section 505.73 of the Revised Code shall be made available to the	506
public at the office of the board, and the section headings and	507
numbers and a notice of the availability of the regulations shall	508
be published in at least one newspaper of general townshipwide	509
circulation within ten days after their adoption or amendment.	510

(B) In a county in which the board of county commissioners	511
has adopted building regulations, no township shall adopt such	512
regulations pursuant to sections 505.75 to 505.77 of the Revised	513
Code.	514

Sec. 505.77.  (A)(1) No person shall erect, construct, alter,	515
repair, or maintain any single-family, two-family, or three-family	516
dwellingsresidential building, as defined in section 3781.06 of	517
the Revised Code, within the unincorporated portion of any	518
township, if the board of township trustees has adoptedin which a	519
standard code under section 505.75 of the Revised Code, without	520
complyingbuilding department has authority to administer and	521
enforce local residential building regulations or an existing	522
structures code unless that person complies with the building	523
regulations and code. No	524

(2) No person shall erect, construct, alter, repair, or	525
maintain any residential building, as defined in section 3781.06	526
of the Revised code, within the unincorporated portion of any	527
township in which a certified building department has jurisdiction	528
to enforce the state residential building code unless that person	529
fully complies with the state residential building code.	530

(3) No person shall erect, construct, alter, repair, or	531
maintain any residential, commercial, or industrial buildings or	532
structures within the unincorporated area of any township, if a	533
board of township trustees has enacted building regulations under	534
section 505.75 of the Revised Code that are necessary for	535
participation in the national flood insurance program, without	536
complying with suchthose regulations. If	537

(4) In addition to any remedies provided by law, if any	538
building is being erected, constructed, altered, repaired, or	539
maintained in violation of the building regulations, existing	540
structures code, or state residential building code in townships	541
in which a certified building department has jurisdiction, the	542
board or, the township building inspector, or any owner of an	543
adjacent, contiguous, or neighboring property owner who would be	544
especially damaged by suchthe violation, in addition to the	545
remedies provided by law, may institute a suit for injunction,	546
abatement, or other appropriate action to prevent the violation of	547
the building regulations or the state residential building code	548
relating to the erection, construction, alteration, repair, or	549
maintenance of suchthat building.	550

(B) Sections 505.75 to 505.77 of the Revised Code do not	551
confer any power on any board with respect to the location,	552
erection, construction, reconstruction, change, alteration,	553
maintenance, removal, use, or enlargement of any buildings or	554
structures of any public utility or railroad, whether publicly or	555
privately owned, or the use of land by any public utility or	556
railroad for the operation of its business. Regulations or	557
amendments adopted byLocal building regulations the board shall	558
adopts and the building code that the building department	559
administers and enforces do not affect buildings or structures	560
whichthat exist or on which construction has begun on or before	561
the date on which the regulations or amendments are adopted by	562
building department begins enforcement of the building code or the	563
date the board adopts the building regulations.	564

(C) No person shall violate any building regulation of the	565
board adoptedadopts under division (A) of section 505.75 of the	566
Revised Code. Each day during which an illegal location, erection,	567
construction, flood-proofingfloodproofing, repair, alteration, or	568
maintenance continues may be considered a separate offense.	569

Sec. 505.78. If(A)(1) No board of township trustees shall	570
adopt an existing structures code pursuant to section 505.73 of	571
the Revised Code in any county in which the board of county	572
commissioners has adopted an existing structures code pursuant to	573
section 303.37 of the Revised Code.	574

(2) If a board of township trustees adopts a standardan	575
existing structures code under sections 505.75 to 505.77 of the	576
Revised Code and the board of county commissioners of the county	577
in which the township is located subsequently adopts building	578
regulations pursuant to sections 307.37 to 307.40 of the Revised	579
Codean existing structures code, the code adopted by the board of	580
township trustees adopts shall be of no force and effect one year	581
after the effective date of the building regulations adopted by	582
code the board of county commissioners adopts or at an earlier	583
date, as provided by the board of township trustees.	584

(B)(1) No board shall adopt local residential building	585
regulations pursuant to section 505.75 of the Revised Code in any	586
county in which the board of county commissioners has adopted such	587
regulations pursuant to section 303.37 of the Revised Code.	588

(2) If a board of township trustees adopts local residential	589
building regulations and the board of county commissioners	590
subsequently adopts such regulations, the township regulations	591
shall be of no force and effect one year after the county	592
regulations become effective or at an earlier date as the board of	593
township trustees provides.	594

Sec. 1312.01. As used in this chapter:

595

(A) "Construction defect" means a deficiency or perceived	596
deficiency that arises directly or indirectly out of the	597
construction of a residential building or the substantial	598
rehabilitation of a residential building, which includes the	599
addition of a room and the removal or installation of a wall,	600
partition, or portion of the structural design.	601

(B) "Dwelling action" means any civil action in contract or	602
tort for damages or indemnity brought against a residential	603
contractor for damages or the loss of use of real property caused	604
by a construction defect.	605

(C) "Owner" means an owner or a prospective owner of a	606
residential building or a dwelling unit in a residential building	607
who has entered into a contract with a residential contractor for	608
the construction or substantial rehabilitation of that residential	609
building or unit.	610

(D) "Residential building" means a structure that is a	611
one-family, two-family, or three-family dwelling house or a	612
dwelling unit within that structure, any accessory structures	613
incidental to that dwelling house, and a unit in a condominium	614
development in which the owner holds title to that unit.	615
"Residential building" includes any structure that is used as a	616
model to promote the sale of a similar dwelling house.	617

(E) "Residential contractor" means a person or entity who has	618
primary responsibility for the construction or substantial	619
rehabilitation of a residential building.	620

Sec. 1312.02. (A) No owner shall commence arbitration	621
proceedings or file a dwelling action against a residential	622
contractor unless at least sixty days before commencing the	623
proceedings or filing the action, the owner provides the	624
contractor with written notice of the construction defect that	625
would be the basis of the arbitration proceedings or the dwelling	626
action. The notice shall be in writing and mailed, sent by	627
telegram, delivered in person, or sent by any means the contractor	628
has indicated communications may be sent, including facsimile	629
transmission and electronic mail. The notice shall substantially	630
comply with the requirements set forth in division (B) of this	631
section.	632

(B) Any notice that an owner provides to a contractor	633
pursuant to this section shall substantially do all of the	634
following:	635

(1) Assert a claim involving a construction defect by	636
itemizing and describing those construction defects;	637

(2) Include or attach a copy of any documentation concerning	638
the construction defects prepared by a person who inspected the	639
residential building for the owner;	640

(3) Include the name, address, and telephone number of the	641
owner and the contractor and the address of the building that is	642
the subject of the claim.	643

(C) After receiving a notice of defects, a contractor may	644
request an owner to provide a description of the cause of the	645
defects and the nature and extent of repairs necessary to remedy	646
the defects. An owner may provide this information if the owner	647
has knowledge of the cause of the defects and the repairs	648
necessary to remedy those defects.	649

(D) If a contractor files a mechanics lien or commences any	650
type of arbitration proceeding or legal action against an owner,	651
this chapter does not apply and the owner immediately may	652
counterclaim, commence an arbitration proceeding, or file a	653
dwelling action against the contractor.	654

Sec. 1312.03. (A) A residential contractor shall provide the	655
owner with a good faith written response to any notice provided	656
pursuant to section 1312.02 of the Revised Code. The response	657
shall be provided within twenty-one days after the owner mailed	658
the notice, delivered it by personal delivery, or transmitted it	659
by telegram, facsimile, or electronic mail. In the response, the	660
contractor shall offer to take one of the following actions:	661

(1) Inspect the residential building that is the subject of	662
the claim;	663

(2) Compromise and settle the claim without an inspection;

664

(3) Dispute the claim.

665

(B) If a contractor fails to respond as required by division	666
(A) of this section or disputes the claim, an owner is deemed to	667
have complied with this chapter and may commence an arbitration	668
proceeding or file a dwelling action without further notice to the	669
contractor.	670

(C)(1) If an owner rejects a contractor's offer to inspect	671
the property or to compromise and settle a claim, the owner shall	672
notify the contractor of that rejection within fourteen days after	673
receiving the contractor's offer. The rejection notice shall be in	674
writing and include a reason for the rejection.	675

(2) After providing a rejection notice, an owner has complied	676
with this chapter and may commence an arbitration proceeding or	677
file a dwelling action without further notice to the contractor.	678

Sec. 1312.04. (A) If an owner accepts a residential	679
contractor's offer to inspect the residential building, the owner	680
shall notify the contractor of that acceptance within fourteen	681
days. After accepting the offer, the owner shall allow the	682
contractor reasonable access to the building during normal working	683
hours. The contractor shall inspect the building within fourteen	684
days after the owner accepts the offer. The contractor shall take	685
reasonable measures to determine the nature and cause of the	686
construction defects and the appropriate remedy. The measures the	687
contractor takes may include, but are not limited to, testing.	688

(B) Within ten days after a residential contractor conducts	689
an inspection as described in this section, the contractor shall	690
provide the owner with one of the following:	691

(1) A written offer to remedy the defects at no cost to the	692
owner. The offer shall be accompanied by an inspection report, a	693
prediction of the additional construction work necessary to remedy	694
each defect, and a timetable for completing the work necessary to	695
remedy the defects.	696

(2) A written offer to settle the claim;

697

(3) A written statement asserting that the contractor does	698
not intend to remedy the defects.	699

(C) An owner has complied with this chapter and may commence	700
an arbitration proceeding or file a dwelling action without	701
further notice to the contractor if any of the following occur:	702

(1) The contractor does not inspect the property within	703
fourteen days after the owner accepts the offer to inspect.	704

(2) Following an inspection, the contractor does not provide	705
a written response.	706

(3) The contractor responds that the contractor does not	707
intend to remedy the defects.	708

(4) The contractor fails to remedy the defects in the manner	709
the contractor describes or within the timetable the contractor	710
provides.	711

(D) If a residential contractor makes or provides for repairs	712
or replacements to remedy a construction defect, the contractor	713
may take reasonable steps to document the repair and to inspect	714
the repair or have it inspected.	715

Sec. 1312.05. Unless otherwise indicated in this chapter, an	716
owner has complied with this chapter and may commence an	717
arbitration proceeding or file a dwelling action sixty days after	718
the owner provides the residential contractor with a defect notice	719
pursuant to division (A) of section 1312.02 of the Revised Code.	720

Sec. 1312.06. (A) All applicable statutes of limitation or	721
repose are tolled from the time the owner sends a notice of defect	722
to a contractor pursuant to section 1312.02 of the Revised Code	723
until the owner has complied with this chapter.	724

(B) If an owner files a dwelling action without having	725
complied with this chapter, a court shall dismiss that action	726
without prejudice. The owner may again file that dwelling action	727
after complying with this chapter.	728

(C) This chapter does not apply to any civil action in tort	729
alleging personal injury or wrongful death to a person resulting	730
from a construction defect.	731

Sec. 3703.01. (A) The division of industrial compliance in	732
the department of commerce shall:	733

(A)(1) Inspect all nonresidential buildings within the	734
meaning of section 3781.06 of the Revised Code;	735

(B)(2) Condemn all unsanitary or defective plumbing that is	736
found in connection with suchthose places;	737

(C)(3) Order such changes in plumbing as are necessary to	738
insure the safety of the public health.	739

(B)(1) The division of industrial compliance and boards of	740
health of city and general health districts shall not inspect	741
plumbing or collect fees for inspecting plumbing in particular	742
types of buildings in any municipal corporation that has been	743
certified by the board of building standards under section 3781.10	744
of the Revised Code to exercise enforcement authority for plumbing	745
in such types of buildings.	746

(2) The division shall not inspect plumbing or collect fees	747
for inspecting plumbing in particular types of buildings in any	748
health district that has employed one or more approved plumbing	749
inspectors to enforce Chapters 3781. and 3791. of the Revised Code	750
and the regulationsrules adopted pursuant theretoto those	751
chapters relating to plumbing in such types of buildings.	752

(3) A municipal corporation does not have jurisdiction to	753
inspect plumbing or collect fees for the inspection of plumbing in	754
types of buildings for which it has not been certified by the	755
board of building standards under section 3781.10 of the Revised	756
Code to exercise enforcement authority for plumbing in such types	757
of buildings. A	758

(4) A board of health of a health district does not have	759
jurisdiction to inspect plumbing or collect fees for the	760
inspection of plumbing in types of buildings for which it does not	761
have an approved plumbing inspector for such types of buildings.	762

(C) The superintendent of industrial compliance shall adopt	763
rules prescribing minimum qualifications based on education,	764
training, experience, or demonstrated ability, which the director	765
shall use in approving plumbing inspectors to do plumbing	766
inspections for health districts. Such minimum qualifications	767
shall be related to the types of buildings for which a person	768
seeks approval.	769

(D) Standards and methods prescribed in local plumbing	770
regulations shall not be less than those prescribed in Chapters	771
3781. and 3791. of the Revised Code and the regulationsrules	772
adopted thereunderpursuant to those chapters.	773

The(E) Notwithstanding any other provision of this section,	774
the division shall make a plumbing inspection of any building or	775
other place that there is reason to believe is in such a condition	776
as to be a menace to the public health.	777

Sec. 3722.02.  A person seeking a license to operate an adult	778
care facility shall submit to the director of health an	779
application on a form prescribed by the director and the	780
following:	781

(A) In the case of an adult group home seeking licensure as	782
an adult care facility, evidence that the home has been inspected	783
and approved by a local certified building department or by the	784
division of industrial compliance in the department of commerce as	785
meeting the applicable requirements of sections 3781.06 to	786
3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code and	787
any rules adopted under those sections and evidence that the home	788
has been inspected by the state fire marshal or fire prevention	789
officer of a municipal, township, or other legally constituted	790
fire department approved by the state fire marshal and found to be	791
in compliance with rules adopted under section 3737.83 of the	792
Revised Code regarding fire prevention and safety in adult group	793
homes;	794

(B) Valid approvals of the facility's water and sewage	795
systems issued by the responsible governmental entity, if	796
applicable;	797

(C) A statement of ownership containing the following	798
information:	799

(1) If the owner is an individual, the owner's name, address,	800
telephone number, business address, business telephone number, and	801
occupation. If the owner is an association, corporation, or	802
partnership, the business activity, address, and telephone number	803
of the entity and the name of every person who has an ownership	804
interest of five per cent or more in the entity.	805

(2) If the owner does not own the building or if the owner	806
owns only part of the building in which the facility is housed,	807
the name of each person who has an ownership interest of five per	808
cent or more in the building;	809

(3) The address of any adult care facility and any facility	810
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	811
Revised Code in which the owner has an ownership interest of five	812
per cent or more;	813

(4) The identity of the manager of the adult care facility,	814
if different from the owner;	815

(5) The name and address of any adult care facility and any	816
facility described in divisions (A)(9)(a) to (i) of section	817
3722.01 of the Revised Code with which either the owner or manager	818
has been affiliated through ownership or employment in the five	819
years prior to the date of the application;	820

(6) The names and addresses of three persons not employed by	821
or associated in business with the owner who will provide	822
information about the character, reputation, and competence of the	823
owner and the manager and the financial responsibility of the	824
owner;	825

(7) Information about any arrest of the owner or manager for,	826
or adjudication or conviction of, a criminal offense related to	827
the provision of care in an adult care facility or any facility	828
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	829
Revised Code or the ability to operate a facility;	830

(8) Any other information the director may require regarding	831
the owner's ability to operate the facility.	832

(D) If the facility is an adult group home, a balance sheet	833
showing the assets and liabilities of the owner and a statement	834
projecting revenues and expenses for the first twelve months of	835
the facility's operation;	836

(E) Proof of insurance in an amount and type determined in	837
rules adopted by the public health council pursuant to this	838
chapter to be adequate;	839

(F) A nonrefundable license application fee in an amount	840
established in rules adopted by the public health council pursuant	841
to this chapter.	842

Sec. 3722.041.  (A) Sections 3781.06 to 3781.18, 3781.181,	843
3781.182, and 3791.04 of the Revised Code do not apply to an adult	844
family home for which application is made to the director of	845
health for licensure as an adult care facility under this chapter.	846
Adult family homes shall not be required to submit evidence to the	847
director of health that the home has been inspected by a local	848
certified building department or the division of industrial	849
compliance in the department of commerce or by the state fire	850
marshal or a fire prevention officer under section 3722.02 of the	851
Revised Code, but shall be inspected by the director of health to	852
determine compliance with this section. An inspection made under	853
this section may be made at the same time as an inspection made	854
under section 3722.04 of the Revised Code.	855

(B) The director shall not license or renew the license of an	856
adult family home unless it meets the fire protection standards	857
established by rules adopted by the public health council pursuant	858
to this chapter.	859

Sec. 3781.01. (A) Chapters 3781. and 3791. of the Revised	860
Code do not prevent the legislative authority of a municipal	861
corporation from making further and additional regulations, not in	862
conflict with suchthose chapters or with the rules and	863
regulations of the board of building standards adopts. SuchThose	864
chapters or the rules and regulations of the board of building	865
standards do not modify or repeal any portion of any building code	866
adopted by a municipal corporation and in force on September 13,	867
1911, whichthat is not in direct conflict with suchthose	868
chapters or with such rules and regulations.	869

(B) The state residential building code the board of building	870
standards adopts pursuant to section 3781.10 of the Revised Code	871
does not prevent a local government authority from adopting	872
additional regulations governing residential structures that do	873
not conflict with the state residential building code if the	874
procedures in division (C) of this section are followed.	875

(C)(1) A local governing authority shall, and any person may,	876
notify the board of building standards of any regulation the local	877
governing authority adopts pursuant to division (B) of this	878
section and request the board of building standards to determine	879
whether that regulation conflicts with the state residential	880
building code.	881

(2) Not later than sixty days after receiving a notice under	882
division (C)(1) of this section, the board shall determine whether	883
the regulation conflicts with the state residential building code	884
and shall notify any person who submitted the notice and the local	885
governing authority that adopted the regulation of the board's	886
determination.	887

(a) If the board determines that a conflict does not exist,	888
the board shall take no further action with regard to the	889
regulation. If the board determines a conflict exists and the	890
regulation is not necessary to protect the health or safety of the	891
persons within the local governing authority's jurisdiction, the	892
regulation is not valid and the local governing authority may not	893
enforce the regulation.	894

(b) If the board determines that a conflict exists and that	895
the regulation is necessary to protect the health or safety of the	896
persons within the local governing authority's jurisdiction, the	897
board shall adopt a rule to incorporate the regulation into the	898
state residential building code. Until the rule becomes a part of	899
the state residential building code, the board shall grant a	900
temporary variance to the local governing authority and any	901
similarly situated local governing authority to which the board	902
determines the temporary variance should apply.	903

(D) As used in this section, "local governing authority"	904
means a board of county commissioners, a board of township	905
trustees, and the legislative authority of a municipal	906
corporation.	907

Sec. 3781.03. (A) The fire marshal or the fire chief of a	908
municipal corporations havingcorporation that has a fire	909
departmentsdepartment or the fire chief of townships havinga	910
township that has a fire departmentsdepartment shall enforce all	911
the provisions of Chapters 3781. and 3791. of the Revised Code	912
relatingthat relate to fire prevention.	913

(B) The superintendent of the division of industrial	914
compliance, the building inspector, or commissioner of buildings	915
in a municipal corporations whosecorporation, county, or township	916
in which the building departments have beendepartment is	917
certified by the board of building standards under section 3781.10	918
of the Revised Code, the building inspector or commissioner of	919
buildings in townships whose building departments have been	920
certified by the board of building standards under section 3781.10	921
of the Revised Code, and, in the unincorporated territory of	922
counties outside the boundaries of townships that have adopted	923
building regulations under sections 505.75 to 505.77 of the	924
Revised Code, the building inspector or commissioner of buildings	925
in counties whose building departments have been certified by the	926
board of building standards under section 3781.10 of the Revised	927
Code, shall enforce in the jurisdiction of each entity all the	928
provisions in suchthose chapters and any regulationsrules	929
adopted pursuant thereto relatingto those chapters that relate to	930
the construction, arrangement, and the erection of all buildings	931
or parts thereofof buildings, as defined in section 3781.06 of	932
the Revised Code, including the sanitary condition of the same	933
those buildings in relation to heating and ventilation.	934

(C) The division of industrial compliance in the department	935
of commerce or, the boards of health of health districts, orand	936
the certified departments of building inspection of municipal	937
corporations, subject to the applicable provisions of Chapter	938
3703. of the Revised Code, shall enforce such chaptersChapters	939
3781. and regulations relating3791. of the Revised Code and the	940
rules adopted pursuant to those chapters that relate to plumbing.	941

(D)(1) The department of the city engineer, in cities having	942
such departments, shall have complete supervision and regulation	943
ofauthority to supervise and regulate the entire sewerage and	944
drainage system of the citymunicipal corporation, including the	945
house drain and the house sewer and all laterals draining into the	946
street sewers.	947

(2) The department of the city engineer shall have control	948
and supervision ofsupervise the installation and construction of	949
all drains and sewers that become a part of the sewerage system of	950
the citymunicipal corporation and shall issue all the necessary	951
permits and licenses for the construction and installation of all	952
house drains and house sewers and of all other lateral drains that	953
empty into the main sewers. The department shall keep a permanent	954
record of the installation and location of every drain and sewer	955
of the drainage and sewerage system of the citymunicipal	956
corporation.	957

(E) This section does not exempt any officer or department	958
from the obligation to enforce Chapters 3781. and 3791. of the	959
Revised Code.	960

Sec. 3781.031. Before any(A) Any department or agency of	961
the state or any political subdivision attempts to enforcethat	962
enforces Chapters 3781. and 3791. of the Revised Code or anythe	963
rules or regulations adopted pursuant theretoto those chapters,	964
by any remedy, civil or criminal, it shall issue an adjudication	965
order within the meaning of sections 119.06 to 119.13, inclusive,	966
of the Revised Code, or a stop work order as provided hereinin	967
this section.	968

(B)(1) Any person charged with the duty of enforcing Chapters	969
3781. and 3791. of the Revised Code or the rules or regulations	970
adopted pursuant theretoto those chapters may issue a stop work	971
order whenever hethe person finds, after inspection, that the	972
site preparations or structure to be constructed, or in the case	973
of an industrialized unit, the installation of thean	974
industrialized unit, or that the use of an appliance, material,	975
assemblage, or manufactured product does not comply with the	976
provisions of Chapters 3781. and 3791. of the Revised Code or the	977
rules or regulations adopted pursuant theretoto those chapters.	978
The effect of such an order shall be limited to the matter	979
specified therein.	980

Every(2) Any adjudication order shall specify what	981
appliances, site preparations, additions, or alterations to	982
structures, plans, materials, assemblages, or procedures are	983
necessary for the same to complycompliance with Chapters 3781.	984
and 3791. of the Revised Code.	985

(C) Upon the issuance of any order provided for hereinin	986
this section, the person receiving suchthe order shall cease work	987
upon the site preparations or structure to be constructed, or in	988
the case of an industrialized unit, the installation of thean	989
industrialized unit, or shall cease using the appliance,	990
materials, assemblages, or manufactured product identified in the	991
order until such time as the appeal provided for in accordance	992
with the provisions of section 3781.19 of the Revised Code, and	993
all appeals from suchthe hearing have been completed, or the	994
order issued herein has been released.	995

(D) Notwithstanding the provisions of Chapter 119. of the	996
Revised Code relating to adjudication hearings and the proceedings	997
thereon, a stenographic or mechanical record of the testimony and	998
other evidence submitted shall be taken at the expense of the	999
agency; a. Any party adversely affected by an order issued	1000
following suchan adjudication hearing may appeal to the court of	1001
common pleas of the county in which hethe party is a resident or	1002
in which the premises affected by suchthe order is located; the.	1003
The court in such case shall not be confined to the record as	1004
certified to it by the agency but any party may produce additional	1005
evidence and the court shall hear the matter upon suchthe record	1006
and such additional evidence as is introduced by any party; and	1007
theintroduces. The court shall not affirm the agency's order of	1008
the agency unless the preponderance of the evidence before it	1009
supports the reasonableness and lawfulness of suchthe order and	1010
of any rule or regulation of the board of building standards upon	1011
which the order of the agency is based in its application to the	1012
particular set of facts or circumstances involved in the appeal.	1013

(E) Failure to cease work after receipt ofreceiving a stop	1014
work order is hereby declared a public nuisance.	1015

Sec. 3781.06.  (A)(1) Any building that may be used as a	1016
place of resort, assembly, education, entertainment, lodging,	1017
dwelling, trade, manufacture, repair, storage, traffic, or	1018
occupancy by the public, any residential building, and all other	1019
buildings or parts and appurtenances thereofof those buildings	1020
erected within this state, shall be so constructed, erected,	1021
equipped, and maintained that they shallto be safe and sanitary	1022
for their intended use and occupancy, except that sections 3781.06	1023
to 3781.18 and 3791.04 of the Revised Code shall be considered as	1024
model provisions with no force and effect when applied to	1025
single-family, two-family, and three-family dwelling houses, and	1026
accessory structures incidental to those dwelling houses, that	1027
have not been constructed or erected as industrialized one-family,	1028
two-family, or three-family units or structures within the meaning	1029
of the term "industrialized unit" as provided in division (C)(3)	1030
of this section, except where the context specifies mandatory	1031
applicability.	1032

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	1033
Revised Code shall be construed to limit the power of the public	1034
health council to adopt rules of uniform application governing	1035
manufactured home parks pursuant to section 3733.02 of the Revised	1036
Code.	1037

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	1038
Code shalldo not apply to either of the following:	1039

(1) Buildings or structures that are incident to the use for	1040
agricultural purposes of the land on which suchthe buildings or	1041
structures are located, provided suchthose buildings or	1042
structures are not used in the business of retail trade. For	1043
purposes of this division, a building or structure is not	1044
considered used in the business of retail trade if fifty per cent	1045
or more of the gross income received from sales of products in the	1046
building or structure by the owner or operator is from sales of	1047
products produced or raised in a normal crop year on farms owned	1048
or operated by the seller.	1049

(2) Existing single-family, two-family, and three-family	1050
detached dwelling houses for which applications have been	1051
submitted to the director of job and family services pursuant to	1052
section 5104.03 of the Revised Code for the purposes of operating	1053
type A family day-care homes as defined in section 5104.01 of the	1054
Revised Code.	1055

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	1056
Revised Code:	1057

(1) "Agricultural purposes" include agriculture, farming,	1058
dairying, pasturage, apiculture, horticulture, floriculture,	1059
viticulture, ornamental horticulture, olericulture, pomiculture,	1060
and animal and poultry husbandry.	1061

(2) "Building" means any structure consisting of foundations,	1062
walls, columns, girders, beams, floors, and roof, or a combination	1063
of any number of these parts, with or without other parts or	1064
appurtenances.	1065

(3) "Industrialized unit" means a building unit or assembly	1066
of closed construction fabricated in an off-site facility, that is	1067
substantially self-sufficient as a unit or as part of a greater	1068
structure, and that requires transportation to the site of	1069
intended use. "Industrialized unit" includes units installed on	1070
the site as independent units, as part of a group of units, or	1071
incorporated with standard construction methods to form a	1072
completed structural entity. "Industrialized unit" does not	1073
include a manufactured home as defined by division (C)(4) of this	1074
section or a mobile home as defined by division (O) of section	1075
4501.01 of the Revised Code.	1076

(4) "Manufactured home" means a building unit or assembly of	1077
closed construction that is fabricated in an off-site facility and	1078
constructed in conformance with the federal construction and	1079
safety standards established by the secretary of housing and urban	1080
development pursuant to the "Manufactured Housing Construction and	1081
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	1082
5403, and that has a permanent label or tag affixed to it, as	1083
specified in 42 U.S.C.A. 5415, certifying compliance with all	1084
applicable federal construction and safety standards.	1085

(5) "Permanent foundation" means permanent masonry, concrete,	1086
or a locally approved footing or foundation, to which a	1087
manufactured or mobile home may be affixed.	1088

(6) "Permanently sited manufactured home" means a	1089
manufactured home that meets all of the following criteria:	1090

(a) The structure is affixed to a permanent foundation and is	1091
connected to appropriate facilities;	1092

(b) The structure, excluding any addition, has a width of at	1093
least twenty-two feet at one point, a length of at least	1094
twenty-two feet at one point, and a total living area, excluding	1095
garages, porches, or attachments, of at least nine hundred square	1096
feet;	1097

(c) The structure has a minimum 3:12 residential roof pitch,	1098
conventional residential siding, and a six-inch minimum eave	1099
overhang, including appropriate guttering;	1100

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

1101

(e) The structure is not located in a manufactured home park	1102
as defined by section 3733.01 of the Revised Code.	1103

(7) "Safe," with respect to a building, means it is free from	1104
danger or hazard to the life, safety, health, or welfare of	1105
persons occupying or frequenting it, or of the public and from	1106
danger of settlement, movement, disintegration, or collapse,	1107
whether such danger arises from the methods or materials of its	1108
construction or from equipment installed therein, for the purpose	1109
of lighting, heating, the transmission or utilization of electric	1110
current, or from its location or otherwise.	1111

(8) "Sanitary," with respect to a building, means it is free	1112
from danger or hazard to the health of persons occupying or	1113
frequenting it or to that of the public, if such danger arises	1114
from the method or materials of its construction or from any	1115
equipment installed therein, for the purpose of lighting, heating,	1116
ventilating, or plumbing.	1117

(9) "Residential building" means a one-family, two-family, or	1118
three-family dwelling house, and any accessory structure	1119
incidental to that dwelling house. "Residential building" includes	1120
a one-family, two-family, or three-family dwelling house that is	1121
used as a model to promote the sale of a similar dwelling house.	1122
"Residential building" does not include an industrialized unit as	1123
defined by division (C)(3) of this section, a manufactured home as	1124
defined by division (C)(4) of this section, or a mobile home as	1125
defined by division (O) of section 4501.01 of the Revised Code.	1126

(10) "Nonresidential building" means any building that is not	1127
a residential building, a manufactured home, or an industrialized	1128
unit.	1129

(11) "Accessory structure" means a structure that is located	1130
on the same lot as a residential building, is constructed or	1131
installed on, above, or below the surface of that lot, and is	1132
subordinate to or serves the principal use of the residential	1133
building. "Accessory structure" includes, but is not limited to, a	1134
garage, greenhouse, shed, porch, and storage facility.	1135

Sec. 3781.10. The board of building standards shall:

1136

(A) Formulate(1) The board of building standards shall	1137
formulate and adopt rules governing the erection, construction,	1138
repair, alteration, and maintenance of all buildings or classes of	1139
buildings specified in section 3781.06 of the Revised Code,	1140
including land area incidental theretoto those buildings, the	1141
construction of industrialized units, the installation of	1142
equipment, and the standards or requirements for materials to be	1143
used in connection therewithwith those buildings. The board shall	1144
incorporate those rules into separate residential and	1145
nonresidential building codes. The standards shall relate to the	1146
conservation of energy in and to the safety and sanitation of such	1147
those buildings. The	1148

(2) The rules shall begoverning nonresidential buildings are	1149
the lawful minimum requirements specified for suchthose buildings	1150
orand industrialized units, except that no rule, exceptother	1151
than as provided in division (C) of section 3781.108 of the	1152
Revised Code, whichthat specifies a higher requirement than is	1153
imposed by any section of the Revised Code shall beis	1154
enforceable; the. The rules governing residential buildings are	1155
uniform requirements for residential buildings in any area with a	1156
building department certified to enforce the state residential	1157
building code. In no case shall any local code or regulation	1158
differ from the state residential building code unless that code	1159
or regulation addresses subject matter not addressed by the state	1160
residential building code or is adopted pursuant to section	1161
3781.01 of the Revised Code.	1162

(3) The rules shall be acceptable asadopted pursuant to this	1163
section are complete, lawful alternatives to theany requirements	1164
specified for such buildings or industrialized units in any	1165
section of the Revised Code; and the. The board shall, on its own	1166
motion, or on application made under sections 3781.12 and 3781.13	1167
of the Revised Code, formulate, propose, adopt, modify, amend, or	1168
repeal the rules to the extent necessary or desirable to	1169
effectuate the purposes of sections 3781.06 to 3781.18 of the	1170
Revised Code.	1171

(B) Formulate andThe board shall report to the general	1172
assembly suchproposals for amendments into existing statutes	1173
relating to the purposes declared in section 3781.06 of the	1174
Revised Code asthat public health and safety and the development	1175
of the arts require and suchshall recommend any additional	1176
legislation as it recommends with a view to assist in carrying out	1177
fully, in statutory form, the purposes declared in suchthat	1178
section; and. The board shall prepare and submit to the general	1179
assembly a summary report of the number, nature, and disposition	1180
of the petitions filed under sections 3781.13 and 3781.14 of the	1181
Revised Code;.	1182

(C) Determine by rule, onOn its own motion or on application	1183
made under sections 3781.12 and 3781.13 of the Revised Code, and	1184
after thorough testing and evaluation, the board shall determine	1185
by rule that any particular fixture, device, material, process of	1186
manufacture, manufactured unit or component, method of	1187
manufacture, system, or method of construction, complies with	1188
performance standards adopted pursuant to section 3781.11 of the	1189
Revised Code, having. The board shall make its determination with	1190
regard to its adaptability for safe and sanitary erection, use, or	1191
construction, to that described in any section of the Revised	1192
Code, wherever the use of a fixture, device, material, method of	1193
manufacture, system, or method of construction which is described	1194
in suchthat section of the Revised Code, is permitted by law; and	1195
on like application. The board shall amend or annul any such rule	1196
or issue an authorization for the use of a new material or	1197
manufactured unit; and noon any like application. No department,	1198
officer, board, or commission of the state other than the board of	1199
building standards or the board of building appeals shall permit	1200
the use of any fixture, device, material, method of manufacture,	1201
newly designed product, system, or method of construction at	1202
variance with what is described in any rule adoptedthe board of	1203
building standards adopts or authorization issued by the board of	1204
building standardsissues or inthat is authorized by any section	1205
of the Revised Code. Nothing in this section shall be construed as	1206
requiring approval, by rule, of plans for an industrialized unit	1207
that conforms with the rules adopted by the board of building	1208
standards adopts pursuant to section 3781.11 of the Revised Code.	1209

(D) RecommendThe board shall recommend rules, codes, and	1210
standards to help carry out the purposes of section 3781.06 of the	1211
Revised Code and to help secure uniformity of state administrative	1212
rulings and local legislation and administrative action to the	1213
bureau of workers' compensation, the director of commerce, or any	1214
other department, officer, board, or commission of the state, and	1215
to legislative authorities and building departments of counties,	1216
townships, and municipal corporations, the making, amending,	1217
fixing, or ordaining by such appropriate action as such state,	1218
county, township, or municipal authorities may be empowered by law	1219
or the constitution to take, of such rules, codes, or standards as	1220
shall tend to carry out the purposes declared in section 3781.06	1221
of the Revised Code, with a view to securing uniformity of state	1222
administrative ruling; and local legislation and administrative	1223
action;and shall recommend that they audit those recommended	1224
rules, codes, and standards by any appropriate action that they	1225
are allowed pursuant to law or the constitution.	1226

(E) Certify(1) The board shall certify municipal, township,	1227
and county building departments and the personnel of those	1228
building departments, and persons and employees of individuals,	1229
firms, or corporations as described in division (E)(7) of this	1230
section to exercise enforcement authority, to accept and approve	1231
plans and specifications, and to make inspections, pursuant to	1232
sections 3781.03 and 3791.04 of the Revised Code.	1233

The board also shall certify personnel of municipal,	1234
township, and county building departments, and persons and	1235
employees of persons, firms, or corporations as described in	1236
divisions (E)(1) and (2) of this section, to exercise enforcement	1237
authority, to accept and approve plans and specifications, and to	1238
make inspections, pursuant to sections 3781.03 and 3791.04 of the	1239
Revised Code.(2) The board shall certify departments, personnel,	1240
and persons to enforce the state residential building code, to	1241
enforce the nonresidential building code, or to enforce both the	1242
residential and the nonresidential building codes. Any department,	1243
personnel, or person may enforce only the type of building code	1244
for which certified.	1245

(3) The board shall not require a building department, its	1246
personnel, or any persons that it employs to be certified for	1247
residential building code enforcement if that building department	1248
does not enforce the state residential building code. The board	1249
shall specify, in rules adopted pursuant to Chapter 119. of the	1250
Revised Code, the requirements that shall be satisfied for	1251
certification purposesfor residential and nonresidential building	1252
code enforcement, which requirements shall be consistent with this	1253
division. The requirements for residential and nonresidential	1254
certification may differ. Except as otherwise provided in this	1255
division, the requirements shall include, but are not limited to,	1256
the satisfactory completion of an initial examination and, in	1257
order to remain certified, the completion of a specified number of	1258
hours of continuing building code education within each three-year	1259
period following the date of certification. In adopting the	1260
requirements, the boardwhich shall be not specify less than	1261
thirty hours of continuing building code education within a	1262
three-year period;. The rules shall provide that continuing	1263
education credits, and certification issued, by the council of	1264
American building officials, national model code organizations,	1265
and agencies or entities recognized by the board,recognizes are	1266
acceptable for purposes of this division; and. The rules shall	1267
specify requirements that are compatible, to the extent possible,	1268
with requirements established by the council of American building	1269
officials and national model code organizations establish. The	1270

(4) The board shall establish and collect a certification and	1271
renewal fee for building department personnel, and persons and	1272
employees of persons, firms, or corporations as described in	1273
divisions (E)(1) and (2) of this section, who are certified	1274
pursuant to this division.	1275

All individuals(5) Any individual certified pursuant to this	1276
division shall complete the number of hours of continuing building	1277
code education that the board requires or, for failure to do so,	1278
forfeit their certificationscertification.	1279

(6) This division does not require or authorize the	1280
certification by the board ofboard to certify personnel of	1281
municipal, township, and county building departments, and persons	1282
and employees of persons, firms, or corporations as described in	1283
divisions (E)(1) and (2) of this section, whose responsibilities	1284
do not include the exercise of enforcement authority, the approval	1285
of plans and specifications, or the making of inspections, under	1286
the Ohiostate residential and nonresidential building codecodes.	1287

(1)(7) Enforcement authority for approval of plans and	1288
specifications and enforcement authority for inspections may be	1289
exercised, and plans and specifications may be approved,and	1290
inspections may be made on behalf of a municipal corporation,	1291
township, or county, by any of the following who are certified by	1292
the board of building standards certifies:	1293

(a) Officers or employees of the municipal corporation,	1294
township, or county;	1295

(b) Persons, or employees of persons, firms, or corporations,	1296
when such persons, firms, or corporations are underpursuant to a	1297
contract to furnish architectural or engineering services to the	1298
municipal corporation, township, or county, and such authority is	1299
exercised pursuant to such contract;	1300

(c) Officers or employees of any other, and persons under	1301
contract with, a municipal corporation, township, county, health	1302
district, or other political subdivision, or persons or employees	1303
of persons, firms, or corporations under contract with the same	1304
pursuant to division (E)(1)(b) of this section, when such other	1305
municipal corporation, township, county, health district, or other	1306
political subdivision is underpursuant to a contract to furnish	1307
architectural or engineering services to the municipal	1308
corporation, township, or county, and such authority is exercised	1309
pursuant to such contract.	1310

(2) Enforcement authority for inspections may be exercised,	1311
and inspections may be made, on behalf of a municipal corporation,	1312
township, or county, by any of the following who are certified by	1313
the board of building standards:	1314

(a) Officers or employees of the municipal corporation,	1315
township, or county;	1316

(b) Persons, or employees of persons, firms, or corporations,	1317
when such persons, firms, or corporations are under contract to	1318
furnish inspection services to the municipal corporation,	1319
township, or county, and such authority is exercised pursuant to	1320
such contract;	1321

(c) Officers or employees of any other municipal corporation,	1322
township, county, health district, or other political subdivision	1323
under contract to furnish inspection services to the municipal	1324
corporation, township, or county, when such authority is exercised	1325
pursuant to such contract.	1326

(3)(8) Municipal, township, and county building departments	1327
shall have jurisdiction within the meaning of sections 3781.03 and	1328
3791.04 of the Revised Code, only with respect to the types of	1329
buildings and subject matters as tofor which they have beenare	1330
certified under this section and as to which such certification	1331
remains in effect.	1332

(4) Such certification(9) Certification shall be granted	1333
upon application by the municipal corporation, the board of	1334
township trustees, or the board of county commissioners and	1335
approval of suchthat application by the board of building	1336
standards. SuchThe application shall set forth:	1337

(a) The types of building occupancies as to whichWhether the	1338
certification is requested for residential or nonresidential	1339
buildings, or both;	1340

(b) The number and qualifications of the staff composing the	1341
building department;	1342

(c) The names, addresses, and qualifications of persons,	1343
firms, or corporations contracting to furnish work or services	1344
pursuant to divisions (E)(1)(b) and (2)(b)division (E)(7)(b) of	1345
this section;	1346

(d) The names of any other municipal corporations	1347
corporation, townshipstownship, countiescounty, health districts	1348
district, or other political subdivisions contractingsubdivision	1349
under contract to furnish work or services pursuant to divisions	1350
(E)(1)(c) and (2)(c)division (E)(7) of this section;	1351

(e) The proposed budget for the operation of suchthe	1352
building department.	1353

(5)(10) The board of building standards shall adopt rules	1354
governing all of the following:	1355

(a) The certification of building department personnel and of	1356
those persons and employees of persons, firms, or corporations	1357
exercising authority pursuant to divisions (E)(1) and (2)division	1358
(E)(7) of this section. AnyThe rules shall disqualify any	1359
employee of the department or person who contracts for services	1360
with the department is disqualified from performing services for	1361
the department when the same would require thethat employee or	1362
person would have to pass upon, inspect, or otherwise exercise any	1363
authority given by the Ohio building code over any labor,	1364
material, or equipment furnished by the employee or person	1365
furnishes for the construction, alteration, or maintenance of a	1366
building or the preparation of working drawings or specifications	1367
for work within the jurisdictional area of the department. The	1368
department shall provide other similarly qualified personnel to	1369
enforce the requirements of the Ohioresidential and	1370
nonresidential building codecodes as it pertainsthey pertain to	1371
suchthat work.	1372

(b) The minimum services to be provided by a certified	1373
building department.	1374

(6) Such certification(11) The board of building standards	1375
may be revokedrevoke or suspended with respect to any or all of	1376
suspend certification to enforce the residential and	1377
nonresidential building occupancies to which it relatescodes, on	1378
petition to the board of building standards by any person affected	1379
by suchthat enforcement or approval of plans, or by the board on	1380
its own motion. Hearings shall be held and appeals permitted on	1381
any such proceedings for certification or for revocation or	1382
suspension of certification in the same manner as provided in	1383
section 3781.101 of the Revised Code for other proceedings of the	1384
board of building standards.	1385

(7)(12) Upon certification, and until suchthat authority is	1386
revoked, any county andor township building departments	1387
department shall enforce such rules over those occupancies listed	1388
in the applicationthe residential and nonresidential building	1389
codes for which it is certified without regard to limitation upon	1390
the authority of boards of county commissioners under Chapter 307.	1391
of the Revised Code or boards of township trustees under Chapter	1392
505. of the Revised Code.	1393

(F) Conduct such hearings, inIn addition to those required	1394
byhearings sections 3781.06 to 3781.18 and 3791.04 of the Revised	1395
Code require, andthe board of building standards shall make such	1396
investigations and tests, and require from other state	1397
departments, officers, boards, and commissions such information as	1398
the board considers necessary or desirable in order to assist it	1399
in the discharge of any duty or in the exercise of any power	1400
mentioned in this section or in sections 3781.06 to 3781.18 and	1401
3791.04 of the Revised Code;.	1402

(G) FormulateThe board shall adopt rules and establish	1403
reasonable fees for the review of all applications submitted where	1404
the applicant applies for authority to use a new material,	1405
assembly, or product of a manufacturing process. The fee	1406
established shall bear some reasonable relationship to the cost of	1407
suchthe review or testing of the materials, assembly, or products	1408
submitted and for the notification of approval or disapproval as	1409
provided in section 3781.12 of the Revised Code.	1410

(H) Compile and publish, in the form of a model code, rules	1411
pertaining to one-family, two-family, and three-family dwelling	1412
houses that any municipal corporation, township, or county may	1413
incorporate into its building code;The residential construction	1414
advisory committee shall provide the board with a proposal for a	1415
state residential building code that the committee recommends	1416
pursuant to division (C)(1) of section 4740.14 of the Revised	1417
Code. Upon receiving a recommendation from the committee that is	1418
acceptable to the board, the board shall adopt rules establishing	1419
that code as the state residential building code.	1420

(I) CooperateThe board shall cooperate with the director of	1421
job and family services when the director promulgates rules	1422
pursuant to section 5104.05 of the Revised Code regarding safety	1423
and sanitation in type A family day-care homes;.	1424

(J) AdoptThe board shall adopt rules to implement the	1425
requirements of section 3781.108 of the Revised Code.	1426

Sec. 3781.102.  (A) Any county or municipal building	1427
department certified pursuant to division (E) of section 3781.10	1428
of the Revised Code as of September 14, 1970, and that, as of that	1429
date, was inspecting single-family, two-family, and three-family	1430
residences, and any township building department certified	1431
pursuant to division (E) of section 3781.10 of the Revised Code,	1432
is hereby declared to be certified to inspect single-family,	1433
two-family, and three-family residences containing industrialized	1434
units, and such building department shall inspect the buildings or	1435
classes of buildings subject to the provisions of division (E) of	1436
section 3781.10 of the Revised Code.	1437

(B) Each board of county commissioners may adopt, by	1438
resolution, rules establishing standards and providing for the	1439
licensing of electrical and heating, ventilating, and air	1440
conditioning contractors who are not required to hold a valid and	1441
unexpired license pursuant to Chapter 4740. of the Revised Code.	1442

Rules adopted by a board of county commissioners pursuant to	1443
this division may be enforced within the unincorporated areas of	1444
the county and within any municipal corporation where the	1445
legislative authority of the municipal corporation has contracted	1446
with the board for the enforcement of the county rules within the	1447
municipal corporation pursuant to section 307.15 of the Revised	1448
Code. The rules shall not conflict with rules adopted by the board	1449
of building standards pursuant to section 3781.10 of the Revised	1450
Code or by the department of commerce pursuant to Chapter 3703. of	1451
the Revised Code. This division does not impair or restrict the	1452
power of municipal corporations under Section 3 of Article XVIII,	1453
Ohio Constitution, to adopt rules concerning the erection,	1454
construction, repair, alteration, and maintenance of buildings and	1455
structures or of establishing standards and providing for the	1456
licensing of specialty contractors pursuant to section 715.27 of	1457
the Revised Code.	1458

A board of county commissioners, pursuant to this division,	1459
may require all electrical contractors and heating, ventilating,	1460
and air conditioning contractors, other than those who hold a	1461
valid and unexpired license issued pursuant to Chapter 4740. of	1462
the Revised Code, to successfully complete an examination, test,	1463
or demonstration of technical skills, and may impose a fee and	1464
additional requirements for a license to engage in their	1465
respective occupations within the jurisdiction of the board's	1466
rules under this division.	1467

(C) No board of county commissioners shall require any	1468
specialty who holds a valid and unexpired license issued pursuant	1469
to Chapter 4740. of the Revised Code to successfully complete an	1470
examination, test, or demonstration of technical skills in order	1471
to engage in the type of contracting for which the license is	1472
held, within the unincorporated areas of the county and within any	1473
municipal corporation whose legislative authority has contracted	1474
with the board for the enforcement of county regulations within	1475
the municipal corporation, pursuant to section 307.15 of the	1476
Revised Code.	1477

(D) A board may impose a fee for registration of a specialty	1478
contractor who holds a valid and unexpired license issued pursuant	1479
to Chapter 4740. of the Revised Code before that specialty	1480
contractor may engage in the type of contracting for which the	1481
license is held within the unincorporated areas of the county and	1482
within any municipal corporation whose legislative authority has	1483
contracted with the board for the enforcement of county	1484
regulations within the municipal corporation, pursuant to section	1485
307.15 of the Revised Code, provided that the fee is the same for	1486
all specialty contractors who wish to engage in that type of	1487
contracting. If a board imposes such a fee, the board immediately	1488
shall permit a specialty contractor who presents proof of holding	1489
a valid and unexpired license and pays the required fee to engage	1490
in the type of contracting for which the license is held within	1491
the unincorporated areas of the county and within any municipal	1492
corporation whose legislative authority has contracted with the	1493
board for the enforcement of county regulations within the	1494
municipal corporation, pursuant to section 307.15 of the Revised	1495
Code.	1496

(E) The political subdivision associated with each municipal,	1497
township, and county building department certified by the board of	1498
building standards certifies pursuant to division (E) of section	1499
3781.10 of the Revised Code may prescribe fees to be paid by	1500
persons, political subdivisions, or any department, agency, board,	1501
commission, or institution of the state, for the acceptance and	1502
approval of plans and specifications, and for the making of	1503
inspections, pursuant to sections 3781.03 and 3791.04 of the	1504
Revised Code.	1505

(F) Each political subdivision that prescribes fees pursuant	1506
to division (E) of this section shall collect, on behalf of the	1507
board of building standards, a feefees equal to threethe	1508
following:	1509

(1) Three per cent of suchthe fees the political subdivision	1510
collects in connection with nonresidential buildings;	1511

(2) One per cent of the fees the political subdivision	1512
collects in connection with residential buildings. The	1513

(G)(1) The board shall adopt rules, in accordance with	1514
Chapter 119. of the Revised Code, specifying the manner in which	1515
the fee assessed pursuant to this division (F) of this section	1516
shall be collected and remitted monthly to the board. The board	1517
shall pay the fee assessed pursuant to this divisionfees into the	1518
state treasury to the credit of the industrial compliance	1519
operating fund created in section 121.084 of the Revised Code.	1520

(2) All money credited to the industrial compliance operating	1521
fund under this division shall be used exclusively for both of the	1522
following:	1523

(1)(a) Operating costs of the board;

1524

(2)(b) Providing services, including educational programs,	1525
for the building departments that are certified by the board	1526
pursuant to division (E) of section 3781.10 of the Revised Code.	1527

(G)(H) A board of county commissioners that adopts rules	1528
providing for the licensing of electrical and heating,	1529
ventilating, and air conditioning contractors, pursuant to	1530
division (B) of this section, may accept, for purposes of	1531
satisfying the requirements of rules adopted under that division,	1532
a valid and unexpired license issued pursuant to Chapter 4740. of	1533
the Revised Code that is held by an electrical or heating,	1534
ventilating, and air conditioning contractor, for the	1535
construction, replacement, maintenance, or repair of one-family,	1536
two-family, or three-family dwelling houses or accessory	1537
structures incidental to those dwelling houses.	1538

(H)(I) As used in this section, "specialty contractor" means	1539
a heating, ventilating, and air conditioning contractor,	1540
refrigeration contractor, electrical contractor, plumbing	1541
contractor, or hydronics contractor, as those terms are defined in	1542
section 4740.01 of the Revised Code.	1543

Sec. 3781.11.  (A) The rules of the board of building	1544
standards shall:	1545

(1) ProvideFor nonresidential buildings, provide uniform	1546
minimum standards and requirements, and for residential buildings,	1547
provide standards and requirements that are uniform throughout the	1548
state, for construction and construction materials, including	1549
construction of industrialized units, to make residential and	1550
nonresidential buildings safe and sanitary as defined in section	1551
3781.06 of the Revised Code;	1552

(2) Formulate such standards and requirements, so far as may	1553
be practicable, in terms of performance objectives, so as to make	1554
adequate performance for the use intended the test of	1555
acceptability;	1556

(3) Permit, to the fullest extent feasible, the use of	1557
materials and technical methods, devices, and improvements,	1558
including the use of industrialized units which tend to reduce the	1559
cost of construction and erection without affecting minimum	1560
requirements for the health, safety, and security of the occupants	1561
or users of buildings or industrialized units and without	1562
preferential treatment of types or classes of materials or	1563
products or methods of construction;	1564

(4) Encourage, so far as may be practicable, the	1565
standardization of construction practices, methods, equipment,	1566
material, and techniques, including methods employed to produce	1567
industrialized units;	1568

(5) Not require any alteration or repair of any part of a	1569
school building owned by a chartered nonpublic school or a city,	1570
local, exempted village, or joint vocational school district and	1571
operated in conjunction with any primary or secondary school	1572
program that is not being altered or repaired if all of the	1573
following apply:	1574

(a) The school building meets all of the applicable building	1575
code requirements in existence at the time of the construction of	1576
the building.	1577

(b) The school building otherwise satisfies the requirements	1578
of section 3781.06 of the Revised Code.	1579

(c) The part of the school building altered or repaired	1580
conforms to all rules of the board existing on the date of the	1581
repair or alteration.	1582

(6) Not require any alteration or repair to any part of a	1583
workshop or factory that is not otherwise being altered, repaired,	1584
or added to if all of the following apply:	1585

(a) The workshop or factory otherwise satisfies the	1586
requirements of section 3781.06 of the Revised Code.	1587

(b) The part of the workshop or factory altered, repaired, or	1588
added conforms to all rules of the board existing on the date of	1589
plan approval of the repair, alteration, or addition.	1590

(B) The rules of the board shall supersede and govern any	1591
order, standard, or rule of the division of industrial compliance	1592
in the department of commerce, division of the fire marshal, the	1593
department of health, and of counties and townships, in all cases	1594
where such orders, standards, or rules are in conflict with the	1595
rules of the board, except that rules adopted and orders issued by	1596
the fire marshal pursuant to Chapter 3743. of the Revised Code	1597
prevail in the event of a conflict.	1598

(C) The construction, alteration, erection, and repair of	1599
buildings including industrialized units, and the materials and	1600
devices of any kind used in connection with them and the heating	1601
and ventilating of them and the plumbing and electric wiring in	1602
them shall conform to the statutes of this state or the rules	1603
adopted and promulgated by the board, and to provisions of local	1604
ordinances not inconsistent therewith. Any building, structure, or	1605
part thereof, constructed, erected, altered, manufactured, or	1606
repaired not in accordance with the statutes of this state or with	1607
the rules of the board, and any building, structure, or part	1608
thereof in which there is installed, altered, or repaired any	1609
fixture, device, and material, or plumbing, heating, or	1610
ventilating system, or electric wiring not in accordance with such	1611
statutes or rules is a public nuisance.	1612

(D) As used in this section:

1613

(1) "Nonpublic school" means a chartered school for which	1614
minimum standards are prescribed by the state board of education	1615
pursuant to division (D) of section 3301.07 of the Revised Code.	1616

(2) "Workshop or factory" includes manufacturing, mechanical,	1617
electrical, mercantile, art, and laundering establishments,	1618
printing, telegraph, and telephone offices, railroad depots, and	1619
memorial buildings, but does not include hotels and tenement and	1620
apartment houses.	1621

Sec. 3781.12. (A) Any person may petition the board of	1622
building standards to adopt, amend, or annul a rule or regulation	1623
adopted pursuant to section 3781.10 of the Revised Code, or to	1624
permit the use of any particular fixture, device, material,	1625
system, method of manufacture, product of a manufacturing process,	1626
or method or manner of construction or installation, whichthat	1627
complies with performance standards adopted pursuant to section	1628
3781.11 of the Revised Code, as regards the purposes declared in	1629
section 3781.06 of the Revised Code, of the fixtures, devices,	1630
materials, systems, or methods or manners of construction,	1631
manufacture or installation described in any section of the	1632
Revised Code relating to saidthose purposes, where the use is	1633
permitted by law. Upon	1634

(B) Upon petition, the board shall cause to be conducted such	1635
testing and evaluation asthat the board shall determine	1636
determines desirable of any fixture, device, material, system,	1637
assembly or product of a manufacturing process, or method or	1638
manner of construction or installation sought to be used under the	1639
rules and regulations adopted by the board by virtue ofadopts	1640
pursuant to section 3781.10 of the Revised Code. If	1641

(C) If the board, after hearing, deemsdetermines it	1642
advisable to adopt the rule or regulation or, amendment, or	1643
annulment thereof, or to permit the use of the materials or	1644
assemblages petitioned for, it shall give at least thirty days'	1645
notice of the time and place of a public hearing thereon, which	1646
notice shall be given in accordance with the provisions set forth	1647
inas provided by section 119.03 of the Revised Code. No such rule	1648
or regulation shall be adopted, amended, or annulled, or the use	1649
of such materials or assemblages authorized, until after suchthe	1650
public hearing. A copy of every such rule or regulation and every,	1651
amendment, or annulment thereof, and a copy of every approved	1652
material or assembly authorization signed by the chairman	1653
chairperson of the board of building standards, and sealed with	1654
the seal of the department of commerce, shall, after final	1655
adoption or authorization by the board, be filed with the	1656
secretary of state and shall be published in such manner as the	1657
board determines. The issuance of the authorization for the use of	1658
the materials or assemblages described in the petition shall	1659
constituteconstitutes approval for their use anywhere in Ohio	1660
this state. Any such rule or regulation or, amendment, or	1661
annulment thereof shalldoes not take effect until a date fixed by	1662
the board fixes and stated thereinstates. No such rule,	1663
regulation, amendment, or annulment shall applyapplies to any	1664
building for which the plans or drawings, specifications, and data	1665
of which have beenwere approved prior to the time suchthe rule,	1666
regulation, amendment, or annulment takes effectbecomes	1667
effective. All hearings of the board shall beare open to the	1668
public. Each of the membersmember of the board may administer	1669
oaths in the performance of histhe member's duties.	1670

Sec. 3781.13.  Any person interested, either because of	1671
ownership or occupation of any property affected by any rule or	1672
regulation described in section 3781.12 of the Revised Code, or as	1673
the producer, manufacturer, seller, or distributor, of any	1674
building material, industrialized unit, plumbing, heating, or	1675
ventilating system or device, or any other device, product,	1676
assembly, or equipment, the use of which is not provided for by	1677
any such rule or regulation, may petition for a hearing on the	1678
reasonableness and lawfulness of any action of the board of	1679
building standards, adopting, amending, or annulling or refusing	1680
to adopt, amend, or annul suchthe rule or regulation, in the	1681
manner provided in sections 3781.06 to 3781.18, inclusive, and	1682
section 3791.04 of the Revised Code. SuchAny petition for hearing	1683
shall be by verified petition filed with the board settingand	1684
shall set out specifically and in full detail the action of the	1685
board upon which a hearing is desired, and the reason why such	1686
that action is unreasonable or unlawful, and every issue to be	1687
considered by the board should consider on the hearing. SuchThe	1688
petition shall be filed within thirty days after the record of the	1689
action of the board is filed in the office of the secretary of	1690
state, in cases where suchthe record is required to be so filed	1691
with the secretary of state; otherwise the petition shall be filed	1692
within thirty days after the action is taken. Upon receipt of said	1693
the petition, after a hearing which shall be held within thirty	1694
days thereafterafter the receipt of the petition and of which	1695
after notice has been given to the petitioner, the board may	1696
determine that suchthe action is unreasonable or unlawful and	1697
annul any rule or regulation forthwith, or it may, confirm its	1698
prior action forthwith, or it may re-enact or amend any rule or	1699
regulation in the manner provided in section 3781.12 of the	1700
Revised Code. If the board does not determine the matter in	1701
hearing is not determined by the board within two weeks after such	1702
the hearing, the action may, at the option of the petitioner, be	1703
deemed to have been confirmed.	1704

Sec. 3781.18.  Wherever in Chapters 3781. and 3791. of the	1705
Revised Code or the rules or regulations adopted pursuant thereto	1706
to those chapters describe particular fixtures, devices,	1707
materials, systems, method of manufacture, product of a	1708
manufacturing process, or methods or manners of construction or	1709
installation are describedpertaining to nonresidential buildings,	1710
such description prescribesthose descriptions prescribe minimum	1711
standards of safety and sanitary conditions exemplified by such	1712
that a particular fixturesfixture, devicesdevice, materials	1713
material, systemssystem, method of manufacture, product of a	1714
manufacturing process, or methodsmethod or mannersmanner of	1715
construction or installation exemplifies. Where theThe use of	1716
another fixture, device, material, system, industrialized unit,	1717
newly designed product, or method, or manner of construction or	1718
installation is desired whichthat is at variance with what is	1719
described in such chapters, such usethe descriptions is	1720
permissible, if such otherthe fixture, device, material, system,	1721
manufactured component or unit, product, method, or manner of	1722
construction complies with performance standards as determined by	1723
the board determines.	1724

Sec. 3781.183.  If the board of building standards adopts	1725
rules under sections 3781.06 to 3781.18, 3781.181, and 3781.182 of	1726
the Revised Code concerning the requirements an adult group home	1727
seeking licensure as an adult care facility must meet under	1728
section 3722.02 of the Revised Code, the board shall adopt the	1729
rules in consultation with the directors of health and of aging	1730
and any interested party designated by the directors of health and	1731
of aging.	1732

Sec. 3781.99. (A) Whoever violates division (E) of section	1733
3781.111 of the Revised Code shall be issued a warning for a first	1734
offense. On each subsequent offense, the person shall be fined	1735
twenty-five dollars for each parking location that is not properly	1736
marked or whose markings are not properly maintained.	1737

(B) Whoever violates this chapter or any rule adopted or	1738
order issued pursuant to it that relates to the construction,	1739
alteration, or repair of any building, and the violation is not	1740
detrimental to the health, safety, or welfare of any person, is	1741
guilty of a minor misdemeanor.	1742

(C) Whoever violates this chapter or any rule adopted or	1743
order issued pursuant to it that relates to the construction,	1744
alteration, or repair of any building, and the violation is	1745
detrimental to the health, safety, or welfare of any person, is	1746
guilty of a misdemeanor of the fourth degree.	1747

Sec. 3791.04.  (A)(1) Before beginning the construction,	1748
erection, or manufacture of any building to which section 3781.06	1749
of the Revised Code is applicableapplies, including all	1750
industrialized units, the owner thereofof that building, in	1751
addition to any other submission of plans or drawings,	1752
specifications, and data required by law, shall submit the plans	1753
or drawings, specifications, and data prepared for the	1754
construction, erection, and equipment thereof, or the, alteration	1755
thereof, or addition thereto, which plans or drawings, and	1756
specifications shallthat indicate thereon the portions that have	1757
been approved pursuant to section 3781.12 of the Revised Code,and	1758
for which no further approval shall beis required, to the	1759
municipal, township, or county building department having	1760
jurisdiction if such department has been certified as provided in	1761
division (E) of section 3781.10 of the Revised Code, and if there	1762
isunless one of the following applies:	1763

(a) If no certified municipal, township, or county building	1764
department,certified for nonresidential buildings pursuant to	1765
division (E) of section 3781.10 of the Revised Code has	1766
jurisdiction, the owner shall make the submissions described in	1767
division (A)(1) of this section to the superintendent of the	1768
division of industrial compliance, for approval.	1769

(b) If no certified municipal, township, or county building	1770
department certified for residential buildings pursuant to	1771
division (E) of section 3781.10 of the Revised Code has	1772
jurisdiction, the owner is not required to make the submissions	1773
described in division (A)(1) of this section.	1774

(2)(a) The seal of an architect registered under Chapter	1775
4703. of the Revised Code or an engineer registered under Chapter	1776
4733. of the Revised Code shall beis required for any plans,	1777
drawings, specifications, or data submitted for approval, unless	1778
the plans, drawings, specifications, or data mayare permitted to	1779
be prepared by persons other than registered architects pursuant	1780
to division (C) or (D) of section 4703.18 of the Revised Code, or	1781
by persons other than registered engineers pursuant to division	1782
(C) or (D) of section 4733.18 of the Revised Code.	1783

(b) No seal shall beis required for any plans, drawings,	1784
specifications, or data submitted for approval for any residential	1785
buildings or structures subject to the requirements of section	1786
3781.181 of the Revised Code, exempt from the requirements of	1787
sections, as defined in section 3781.06 to 3781.18 and 3791.04 of	1788
the Revised Code, or erected as industrialized one-, two-, or	1789
three-family units or structures within the meaning of	1790
"industrialized unit" as defined in section 3781.06 of the Revised	1791
Code.	1792

(c) No seal shall beis required for approval of the	1793
installation of replacement equipment or systems that are similar	1794
in type or capacity to the equipment or systems being replaced. No	1795
seal shall beis required for approval for any new construction,	1796
improvement, alteration, repair, painting, decorating, or other	1797
modification of any buildings or structures subject to sections	1798
3781.06 to 3781.18 and 3791.04 of the Revised Code if the proposed	1799
work does not involve technical design analysis, as defined by	1800
rule adopted by the board of building standards.	1801

(B) No owner shall proceed with the construction, erection,	1802
alteration, or equipment of any such building until suchthe plans	1803
or drawings, specifications, and data have been so approved as	1804
this section requires, or the industrialized unit inspected at the	1805
point of origin. No plans or specifications shall be approved or	1806
inspection approval given unless the building represented thereby	1807
would, if constructed, repaired, erected, or equipped according to	1808
the same, comply with Chapters 3781. and 3791. of the Revised Code	1809
and any rule made under suchthose chapters.	1810

(C) The approval of plans or drawings and specifications or	1811
data pursuant to this section is invalid if construction,	1812
erection, alteration, or other work upon the building has not	1813
commenced within twelve months of the approval of the plans or	1814
drawings and specifications. One extension shall be granted for an	1815
additional twelve-month period if requested by the owner requests	1816
at least ten days in advance of the expiration of the permit and	1817
upon payment of a fee not to exceed one hundred dollars. If in the	1818
course of construction, work is delayed or suspended for more than	1819
six months, the approval of plans or drawings and specifications	1820
or data is invalid. Two extensions shall be granted for six months	1821
each if requested by the owner requests at least ten days in	1822
advance of the expiration of the permit and upon payment of a fee	1823
for each extension of not more than one hundred dollars. Before	1824
any work may continue on the construction, erection, alteration,	1825
or equipment of any building for which the approval is invalid,	1826
the owner of the building shall resubmit the plans or drawings and	1827
specifications for approval pursuant to this section.	1828

(D) Subject to section 3791.042 of the Revised Code, the	1829
board of building standards or the legislative authority of a	1830
municipal corporation, township, or county, by rule, may regulate	1831
the requirements for the submission of plans and specifications to	1832
the respective enforcing departments and for the processing of the	1833
same by suchthose departments. The board of building standards or	1834
the legislative authority of a municipal corporation, township, or	1835
county may adopt rules to provide for the approval, subject to	1836
section 3791.042 of the Revised Code, by the department having	1837
jurisdiction of the plans for construction of a foundation or any	1838
other part of a building or structure before the complete plans	1839
and specifications for the entire building or structure have been	1840
are submitted. When any plans are approved by the department	1841
having jurisdiction, the structure and every particular thereof	1842
represented by and disclosed in those plans and disclosed therein	1843
shall, in the absence of fraud or a serious safety or sanitation	1844
hazard, be conclusively presumed to comply with Chapters 3781. and	1845
3791. of the Revised Code and any rule issued pursuant theretoto	1846
those chapters, if constructed, altered, or repaired in accordance	1847
with those plans and any such rule in effect at the time of	1848
approval.	1849

(E) The approval of plans and specifications, including	1850
inspection of the industrialized units, under this section is a	1851
"license" and the failure to approve such plans or specifications	1852
as submitted or to inspect the unit at the point of origin within	1853
thirty days after the plans or specifications are filed, or the	1854
request for inspection ofto inspect the industrialized unit is	1855
made, or the disapproval of such plans and specifications, or the	1856
refusal to approve suchan industrialized unit, following	1857
inspection at the point of origin is "an adjudication order	1858
denying the issuance of a license" requiring an "adjudication	1859
hearing" as provided by sections 119.07 to 119.13 of the Revised	1860
Code and as modified by sections 3781.031 and 3781.19 of the	1861
Revised Code. An adjudication order denying the issuance of a	1862
license shall specify the reasons for suchthat denial.	1863

(F) The board of building standards shall not require the	1864
submission of site preparation plans or plot plans to the division	1865
of industrial compliance in situations wherewhen industrialized	1866
units are used exclusively as one-, two-, or three-family	1867
dwellings.	1868

(G) Notwithstanding any procedures established by the board	1869
establishes, if the agency having jurisdiction, if it objects to	1870
any portion of the plans or specifications, upon the request of	1871
the owner or the owner's representative of the owner, may request	1872
the agency to issue conditional approval to proceed with	1873
construction up to the point where there isof the objection.	1874
Approval shall be issued only when the objection results from	1875
conflicting interpretations of the rules of the board of building	1876
standards rather than the application of specific technical	1877
requirements of the rules. Approval shall not be issued where the	1878
correction of the objection would cause extensive changes in the	1879
building design or construction. The giving of conditional	1880
approval is a "conditional license" to proceed with construction	1881
up to the point where the construction or materials objected to by	1882
the agency are to be incorporated into the building. No	1883
construction shall proceed beyond thisthat point without the	1884
prior approval of the agency or another agency whichthat conducts	1885
an adjudication hearing relative to the objection. The agency	1886
having jurisdiction shall specify its objections to the plans or	1887
specifications, which is an "adjudication order denying the	1888
issuance of a license" and may be appealed pursuant to sections	1889
119.07 to 119.13 of the Revised Code and as modified by sections	1890
3781.031 and 3781.19 of the Revised Code.	1891

(H) A certified municipal, township, or county building	1892
department having jurisdiction, or the superintendent of the	1893
division of industrial compliance, as appropriate, shall review	1894
any plans, drawings, specifications, or data described in this	1895
section that are submitted to it or to the superintendent.	1896

(I) No owner or persons having control as an officer, or as a	1897
member of a board or committee, or otherwise, of a building to	1898
which section 3781.06 of the Revised Code is applicable, and no	1899
architect, designer, engineer, builder, contractor, subcontractor,	1900
or any officer or employee of a municipal, township, or county	1901
building inspection department shall violate this section.	1902

(J) Whoever violates this section shall be fined not more	1903
than five hundred dollars.	1904

Sec. 3791.042.  If a building department certified under	1905
division (E) of section 3781.10 of the Revised Code does not have	1906
personnel in its full-time employ as described in division	1907
(E)(1)(a) of section 3781.10 of the Revised Code who are certified	1908
by the board of building standards to do plan and specification	1909
review, plans and specifications submitted to the building	1910
department shall be examined by the approved building official and	1911
shall be approved by himthe official if the plans and	1912
specifications are determined to conform with the Ohio building	1913
code and Chapters 3781. and 3791. of the Revised Code, and if the	1914
plans and specifications satisfy both of the following	1915
requirements:	1916

(A) The plans and specifications were prepared by an	1917
architect who is certificated and registered pursuant to Chapter	1918
4703. of the Revised Code, or by a professional engineer who is	1919
registered pursuant to Chapter 4733. of the Revised Code.	1920

(B) Theand those plans and specifications contain a written	1921
certification by anthe architect or professional engineer, as	1922
described in division (A) of this section, that indicates that the	1923
plans and specifications conform to the requirements of the Ohio	1924
building code and Chapters 3781. and 3791. of the Revised Code.	1925

Sec. 3791.99. (A) Whoever violates division (B) of section	1926
3791.11 or division (D) of section 3791.21 of the Revised Code is	1927
guilty of a minor misdemeanor, and each day the violation	1928
continues constitutes a separate offense.	1929

(B) Whoever violates section 3791.04 of the Revised Code,	1930
which violation relates to the construction, alteration, or repair	1931
of any building and which is not detrimental to the health,	1932
safety, or welfare of any person, is guilty of a minor	1933
misdemeanor.	1934

(C) Whoever violates section 3791.04 of the Revised Code,	1935
which violation relates to the construction, alteration, or repair	1936
of any building and which is detrimental to the health, safety, or	1937
welfare of any person, is guilty of a misdemeanor of the fourth	1938
degree.	1939

Sec. 4703.18.  (A) No person shall enter upon the practice of	1940
architecture or hold himself or herself forth as an architect or	1941
registered architect, unless the person has complied with sections	1942
4703.01 to 4703.19 of the Revised Code and is the holder of a	1943
certificate of qualification to practice architecture issued or	1944
renewed and registered under those sections.	1945

(B) Sections 4703.01 to 4703.19 of the Revised Code do not	1946
prevent persons other than architects from filing applications for	1947
building permits or obtaining those permits.	1948

(C) Sections 4703.01 to 4703.19 of the Revised Code do not	1949
prevent persons other than architects from preparing plans,	1950
drawings, specifications, or data, filing applications for	1951
building permits, or obtaining those permits for residential	1952
buildings or structures subject to the requirements of, as defined	1953
by section 3781.181 of the Revised Code, exempted from the	1954
requirements of sections 3781.06 to 3781.18 and 3791.04 of the	1955
Revised Code, or buildings erected as industrialized one-, two-,	1956
or three-family units or structures within the meaning of the term	1957
"industrialized unit" as provided in section 3781.06 of the	1958
Revised Code.	1959

(D) Sections 4703.01 to 4703.19 of the Revised Code do not	1960
prevent persons other than architects from preparing drawings or	1961
data, from filing applications for building permits, or from	1962
obtaining those permits for the installation of replacement	1963
equipment or systems that are similar in type or capacity to the	1964
equipment or systems being replaced, and for any improvement,	1965
alteration, repair, painting, decorating, or other modification of	1966
any buildings or structures subject to sections 3781.06 to 3781.18	1967
and 3791.04 of the Revised Code where the building official	1968
determines that no plans or specifications are required for	1969
approval.	1970

(E) Sections 4703.01 to 4703.19 of the Revised Code do not	1971
exclude a registered professional engineer from architectural	1972
practice that may be incident to the practice of his or her	1973
engineering profession or exclude a registered architect from	1974
engineering practice that may be incident to the practice of	1975
architecture.	1976

(F) Sections 4703.01 to 4703.19 of the Revised Code do not	1977
prevent a firm, partnership, association, limited liability	1978
company, or corporation of architects registered under those	1979
sections from providing architectural services and do not prevent	1980
an individual registered as a landscape architect under sections	1981
4703.30 to 4703.49 of the Revised Code or as a professional	1982
engineer under sections Chapter 4733. of the Revised Code from	1983
being a member of a firm, partnership, association, limited	1984
liability company, or corporation of that type, but a member of	1985
that type shall not engage in the practice of architecture or hold	1986
himself or herself forth as an architect contrary to sections	1987
4703.01 to 4703.19 of the Revised Code and shall not practice a	1988
profession in which the person is not licensed.	1989

(G) A firm, partnership, association, limited liability	1990
company, or corporation may provide architectural services in this	1991
state as long as the services are provided only through natural	1992
persons registered to provide those services in this state,	1993
subject to the exemptions in section 4703.17 of the Revised Code	1994
and subject otherwise to the requirements of sections 4703.01 to	1995
4703.19 of the Revised Code.	1996

(H) No firm, partnership, association, limited liability	1997
company, or corporation, except a corporation that was granted a	1998
charter prior to August 7, 1943, to engage in providing	1999
architectural services or that was otherwise lawfully providing	2000
architectural services prior to November 15, 1982, shall provide	2001
architectural services, hold itself out to the public as providing	2002
architectural services, or use a name including the word	2003
"architect" or any modification or derivation of the word, unless	2004
the firm, partnership, association, limited liability company, or	2005
corporation files all information required to be filed under this	2006
section with the state board of examiners of architects and	2007
otherwise complies with all requirements of sections 4703.01 to	2008
4703.19 of the Revised Code. A nonprofit membership corporation	2009
may use a name including the word "architect" or any modification	2010
or derivation of the word without complying with this section.	2011

(I) A corporation may be organized under Chapter 1701. of the	2012
Revised Code, a professional association may be organized under	2013
Chapter 1785. of the Revised Code, or a limited liability company	2014
may be formed under Chapter 1705. of the Revised Code for the	2015
purpose of providing professional engineering, surveying,	2016
architectural, or landscape architectural services, or any	2017
combination of those services. A corporation organized under	2018
Chapter 1701. of the Revised Code for the purpose of providing	2019
those services also may be organized for any other purpose in	2020
accordance with that chapter.	2021

(J) No firm, partnership, association, limited liability	2022
company, or corporation shall provide or offer to provide	2023
architectural services in this state unless more than fifty per	2024
cent of the partners, members, or shareholders, more than fifty	2025
per cent of the directors in the case of a corporation or	2026
professional association, and more than fifty per cent of the	2027
managers in the case of a limited liability company the management	2028
of which is not reserved to its members, are professional	2029
engineers, surveyors, architects, or landscape architects or a	2030
combination of those professions, who are registered in this state	2031
and who own more than fifty per cent of the interests in the firm,	2032
partnership, association, limited liability company, or	2033
corporation; unless the requirements of this division and of	2034
section 1785.02 of the Revised Code are satisfied with respect to	2035
any professional association organized under Chapter 1785. of the	2036
Revised Code; or unless the requirements of this division and of	2037
Chapter 1705. of the Revised Code are satisfied with respect to a	2038
limited liability company formed under that chapter.	2039

(K) Each firm, partnership, association, limited liability	2040
company, or corporation through which architectural services are	2041
offered or provided in this state shall designate one or more	2042
partners, managers, members, officers, or directors as being in	2043
responsible charge of the professional architectural activities	2044
and decisions, and those designated persons shall be registered in	2045
this state. In the case of a corporation holding a certificate of	2046
authorization provided for in division (L) of this section, at	2047
least one of the persons so designated shall be a director of the	2048
corporation. Each firm, partnership, association, limited	2049
liability company, or corporation of that type shall annually file	2050
with the state board of examiners of architects the name and	2051
address of each partner, manager, officer, director, member, or	2052
shareholder, and each firm, partnership, association, limited	2053
liability company, or corporation of that type shall annually file	2054
with the board the name and address of all persons designated as	2055
being in responsible charge of the professional architectural	2056
activities and decisions and any other information the board may	2057
require. If there is a change in any such person in the interval	2058
between filings, the change shall be filed with the board in the	2059
manner and within the time that the board determines.	2060

(L) No corporation organized under Chapter 1701. of the	2061
Revised Code shall engage in providing architectural services in	2062
this state without obtaining a certificate of authorization from	2063
the state board of examiners of architects. A corporation desiring	2064
a certificate of authorization shall file with the board a copy of	2065
its articles of incorporation and a listing on the form that the	2066
board directs of the names and addresses of all officers,	2067
directors, and shareholders of the corporation, the names and	2068
addresses of any individuals providing professional services on	2069
behalf of the corporation who are registered to practice	2070
architecture in this state, and any other information the board	2071
requires. If all requirements of sections 4703.01 to 4703.19 of	2072
the Revised Code are met, the board may issue a certificate of	2073
authorization to the corporation. No certificate of authorization	2074
shall be issued unless persons owning more than fifty per cent of	2075
the corporation's shares and more than fifty per cent of the	2076
interests in the corporation are professional engineers,	2077
surveyors, architects, or landscape architects, or a combination	2078
of those professions, who are registered in this state. Any	2079
corporation that holds a certificate of authorization under this	2080
section and otherwise meets the requirements of sections 4703.01	2081
to 4703.19 of the Revised Code may be organized for any purposes	2082
for which corporations may be organized under Chapter 1701. of the	2083
Revised Code and shall not be limited to the purposes of providing	2084
professional engineering, surveying, architectural, or landscape	2085
architectural services or any combination of those professions.	2086
The board, by rules adopted in accordance with Chapter 119. of the	2087
Revised Code, may require any firm, partnership, association, or	2088
limited liability company not organized under Chapter 1701. of the	2089
Revised Code that provides architectural services to obtain a	2090
certificate of authorization. If the board so requires, no firm,	2091
partnership, association, or limited liability company shall	2092
engage in providing architectural services without obtaining the	2093
certificate and complying with the rules.	2094

(M) This section does not modify any law applicable to the	2095
relationship between a person furnishing a professional service	2096
and a person receiving that service, including liability arising	2097
out of that service.	2098

(N) Nothing in this section shall restrictrestricts or limit	2099
limits in any manner the authority or duty of the state board of	2100
examiners of architects with respect to natural persons providing	2101
professional services or any law or rule pertaining to standards	2102
of professional conduct.	2103

Sec. 4733.18.  (A) The state board of registration for	2104
professional engineers and surveyors may authorize a temporary	2105
registration in the case offor an individual who has filed with	2106
the board an application for a temporary registration and has paid	2107
the required fee. The temporary registration continues only for	2108
the time the board requires for consideration of the application	2109
for registration, provided a person is legally qualified to	2110
practice that profession in the person's own state in which the	2111
requirements and qualifications of registration are not lower than	2112
those specified in this chapter.	2113

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

2114

(a) An employee or a subordinate of a person registered under	2115
this chapter or an employee of a person holding temporary	2116
registration under division (A) of this section, provided the	2117
employee's or subordinate's duties do not include responsible	2118
charge of engineering or surveying work;	2119

(b) Officers and employees of the government of the United	2120
States while engaged within this state in the practice of	2121
engineering or surveying, for that government;	2122

(c) An engineer engaged solely as an officer of a privately	2123
owned public utility.	2124

(2) This chapter does not require registration for the	2125
purpose of practicing professional engineering, or professional	2126
surveying by an individual, firm, or corporation on property owned	2127
or leased by that individual, firm, or corporation unless the same	2128
involves the public welfare or the safeguarding of life, health,	2129
or property, or for the performance of engineering or surveying	2130
which relates solely to the design or fabrication of manufactured	2131
products.	2132

(C) Nothing in this chapter prevents persons other than	2133
engineers from preparing plans, drawings, specifications, or data,	2134
from filing applications for building permits, or from obtaining	2135
those permits for residential buildings or structures that are	2136
exempted from the requirements of sections 3781.06 to 3781.18 and	2137
3791.04 of the Revised Code, that are subject to the requirements	2138
of, as defined by section 3781.1813781.06 of the Revised Code, or	2139
buildings that are erected as one-, two-, or three-family units or	2140
structures within the meaning of the term "industrialized unit" as	2141
provided in section 3781.06 of the Revised Code.	2142

(D) Nothing in this chapter prevents persons other than	2143
engineers from preparing drawings or data, from filing	2144
applications for building permits, or from obtaining those permits	2145
for the installation of replacement equipment or systems that are	2146
similar in type or capacity to the equipment or systems being	2147
replaced, and for any improvement, alteration, repair, painting,	2148
decorating, or other modification of any buildings or structures	2149
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	2150
Code where the building official determines that no plans or	2151
specifications are required for approval.	2152

Sec. 4740.01.  As used in this chapter:

2153

(A) "License" means a license issued by the Ohio construction	2154
industry examining board issues to an individual as a heating,	2155
ventilating, and air conditioning contractor, refrigeration	2156
contractor, electrical contractor, plumbing contractor, or	2157
hydronics contractor.	2158

(B) "Heating, ventilating, and air conditioning contractor"	2159
means any individual or business entity whothat satisfies both of	2160
the following:	2161

(1) For compensation, directs, supervises, or has	2162
responsibility for the means, method, and manner of heating,	2163
ventilating, and air conditioning construction, improvement,	2164
renovation, repair, or maintenance on a construction project and	2165
who offers, identifies, advertises, or otherwise holds out or	2166
represents that the individual or business entity is permitted or	2167
qualified to perform, direct, supervise, or have responsibility	2168
for the means, method, and manner of heating, ventilating, and air	2169
conditioning construction, improvement, renovation, repair, or	2170
maintenance on a construction project;	2171

(2) Is a tradesperson or employs tradespersons who perform	2172
and who are trained to perform heating, ventilating, and air	2173
conditioning construction, improvement, renovation, repair, or	2174
maintenance on a construction project.	2175

(C) "Refrigeration contractor" means any individual or	2176
business entity who satisfies both of the following:	2177

(1) For compensation, directs, supervises, or has	2178
responsibility for the means, method, and manner of refrigeration	2179
construction, improvement, renovation, repair, or maintenance on a	2180
construction project and who offers, identifies, advertises, or	2181
otherwise holds out or represents that the individual or business	2182
entity is permitted or qualified to direct, supervise, or have	2183
responsibility for the means, method, and manner of refrigeration	2184
construction, improvement, renovation, repair, or maintenance on a	2185
construction project;	2186

(2) Is a tradesperson or employs tradespersons who perform	2187
and who are trained to perform refrigeration construction,	2188
improvement, renovation, repair, or maintenance on a construction	2189
project.	2190

(D) "Electrical contractor" means any individual or business	2191
entity who satisfies both of the following:	2192

(1) For compensation, directs, supervises, or has	2193
responsibility for the means, method, and manner of electrical	2194
construction, improvement, renovation, repair, or maintenance on a	2195
construction project and who offers, identifies, advertises, or	2196
otherwise holds out or represents that the individual or business	2197
entity is permitted or qualified to direct, supervise, or have	2198
responsibility for the means, method, and manner of electrical	2199
construction, improvement, renovation, repair, or maintenance on a	2200
construction project;	2201

(2) Is a tradesperson or employs tradespersons who perform	2202
and who are trained to perform electrical construction,	2203
improvement, renovation, repair, or maintenance on a construction	2204
project.	2205

As used in this chapter, "electrical contracting" does not	2206
include the construction, improvement, renovation, repair, or	2207
maintenance of any of the following systems using less than fifty	2208
volts:	2209

(a) Fire alarm or burglar alarm;

2210

(b) Tele-data;

2211

(c) Cabling;

2212

(d) Sound;

2213

(e) Communication;

2214

(f) Landscape lighting and irrigation.

2215

(E) "Plumbing contractor" means any individual or business	2216
entity who satisfies both of the following:	2217

(1) For compensation, directs, supervises, or has	2218
responsibility for the means, method, and manner of plumbing	2219
construction, improvement, renovation, repair, or maintenance on a	2220
construction project and who offers, identifies, advertises, or	2221
otherwise holds out or represents that the individual or business	2222
entity is permitted or qualified to direct, supervise, or have	2223
responsibility for the means, method, and manner of plumbing	2224
construction, improvement, renovation, repair, or maintenance on a	2225
construction project;	2226

(2) Is a tradesperson or employs tradespersons who perform	2227
and who are trained to perform plumbing construction, improvement,	2228
renovation, repair, or maintenance on a construction project.	2229

(F) "Hydronics contractor" means any individual or business	2230
entity who satisfies both of the following:	2231

(1) For compensation, directs, supervises, or has	2232
responsibility for the means, method, and manner of hydronics	2233
construction, improvement, renovation, repair, or maintenance on a	2234
construction project and who offers, identifies, advertises, or	2235
otherwise holds out or represents that the individual or business	2236
entity is permitted or qualified to direct, supervise, or have	2237
responsibility for the means, method, and manner of hydronics	2238
construction, improvement, renovation, repair, or maintenance on a	2239
construction project;	2240

(2) Is a tradesperson or employs tradespersons who perform	2241
and who are trained to perform hydronics construction,	2242
improvement, renovation, repair, or maintenance on a construction	2243
project.	2244

(G) "Contractor" means a heating, ventilating, and air	2245
conditioning contractor, a refrigeration contractor, an electrical	2246
contractor, a plumbing contractor, or a hydronics contractor.	2247

(H) "Tradesperson" means an individual who, for compensation,	2248
engages in construction, improvement, renovation, repair, or	2249
maintenance of buildings or structures without assuming	2250
responsibility for the means, method, or manner of that	2251
construction, improvement, renovation, repair, or maintenance.	2252

(I) "Construction project" means a construction project	2253
involving a building or structure that is subject to Chapter 3781.	2254
of the Revised Code and the rules adopted under that chapter, but	2255
not involving the following buildings or structures:	2256

(1) Anan industrialized unit or a residential building as	2257
defined in division (C)(3) of section 3781.06 of the Revised Code;	2258

(2) A building or structure constructed pursuant to rules	2259
adopted under section 3781.181 or 3781.21 of the Revised Code.	2260

Sec. 4740.14.  (A) There is hereby created within the	2261
department of commerce the residential construction advisory	2262
committee consisting of eight persons the director of commerce	2263
appoints. Of the advisory committee's members, three shall be	2264
general contractors who have recognized ability and experience in	2265
the construction of residential buildings, two shall be building	2266
officials who have experience administering and enforcing a	2267
residential building code, one, chosen from a list of three names	2268
the Ohio fire chief's association submits, shall be from the fire	2269
service certified as a fire safety inspector who has at least ten	2270
years of experience enforcing fire or building codes, one shall be	2271
a residential contractor who has recognized ability and experience	2272
in the remodeling and construction of residential buildings, and	2273
one shall be an architect registered pursuant to Chapter 4703. of	2274
the Revised Code, with recognized ability and experience in the	2275
architecture of residential buildings.	2276

(B) The director shall make appointments to the advisory	2277
committee within ninety days after the effective date of this	2278
section. Terms of office shall be for three years, with each term	2279
ending on the date three years after the date of appointment. Each	2280
member shall hold office from the date of appointment until the	2281
end of the term for which the member was appointed. The director	2282
shall fill a vacancy in the manner provided for initial	2283
appointments. Any member appointed to fill a vacancy in an	2284
unexpired term shall hold office for the remainder of that term.	2285

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

2286

(1) Recommend to the board of building standards a building	2287
code for residential buildings. The committee shall recommend a	2288
code that it models on a residential building code a national	2289
model code organization issues, with adaptations necessary to	2290
implement the code in this state. If the board of building	2291
standards decides not to adopt a code the committee recommends,	2292
the committee shall revise the code and resubmit it until the	2293
board adopts a code the committee recommends as the state	2294
residential building code;	2295

(2) Advise the board regarding the establishment of standards	2296
for certification of building officials who enforce the state	2297
residential building code;	2298

(3) Assist the board in providing information and guidance to	2299
residential contractors and building officials who enforce the	2300
state residential building code;	2301

(4) Advise the board regarding the interpretation of the	2302
state residential building code;	2303

(5) Provide other assistance the committee considers	2304
necessary.	2305

(D) In making its recommendation to the board pursuant to	2306
division (C)(1) of this section, the advisory committee shall	2307
consider all of the following:	2308

(1) The impact that the state residential building code may	2309
have upon the health, safety, and welfare of the public;	2310

(2) The economic reasonableness of the residential building	2311
code;	2312

(3) The technical feasibility of the residential building	2313
code;	2314

(4) The financial impact that the residential building code	2315
may have on the public's ability to purchase affordable housing.	2316

(E) Members of the advisory committee shall receive no salary	2317
for the performance of their duties as members, but shall receive	2318
their actual and necessary expenses incurred in the performance of	2319
their duties as members of the advisory committee and shall	2320
receive a per diem, to be paid from the residential contractor	2321
licensing fees, for each day in attendance at an official meeting	2322
of the committee.	2323

(F) The advisory committee is not subject to divisions (A)	2324
and (B) of section 101.84 of the Revised Code.	2325

Sec. 4929.03.  Except as otherwise provided in section	2326
4929.04 of the Revised Code, only the commodity sales services,	2327
distribution services, and ancillary services of a natural gas	2328
company are subject to the jurisdiction of the public utilities	2329
commission. Chapter 4905. with the exception of section 4905.10,	2330
Chapter 4909., Chapter 4935. with the exception of sections	2331
4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11,	2332
4933.123, 4933.17, 4933.28, 4933.31, and 4933.32 of the Revised	2333
Code do not apply to any other service or goods provided by a	2334
natural gas company. Nothing in this chapter prevents the	2335
commission from exercising its authority under Title XLIX of the	2336
Revised Code to protect customers of nonexempt, regulated services	2337
or goods from any adverse effects of the provision of unregulated	2338
services or goods. Nothing in this chapter affects the authority	2339
of the commission to enforce sections 4905.90 to 4905.96 of the	2340
Revised Code.	2341

Sec. 4929.04.  (A) The public utilities commission, upon the	2342
application of a natural gas company, after notice, after	2343
affording the public a period for comment, and in the case of a	2344
natural gas company with fifteen thousand or more customers after	2345
a hearing and in the case of a natural gas company with fewer than	2346
fifteen thousand customers after a hearing if the commission	2347
considers a hearing necessary, shall exempt, by order, any	2348
commodity sales service or ancillary service of the natural gas	2349
company from all provisions of Chapter 4905. with the exception of	2350
section 4905.10, Chapter 4909., and Chapter 4935. with the	2351
exception of sections 4935.01 and 4935.03 of the Revised Code,	2352
from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17,	2353
4933.28, 4933.31, and 4933.32 of the Revised Code, and from any	2354
rule or order issued under those Chapters or sections, including	2355
the obligation under section 4905.22 of the Revised Code to	2356
provide the commodity sales service or ancillary service, subject	2357
to divisions (E)(D) and (F)(E) of this section, and provided the	2358
commission finds that the natural gas company is in substantial	2359
compliance with the policy of this state specified in section	2360
4929.02 of the Revised Code and that either of the following	2361
conditions exists:	2362

(1) The natural gas company is subject to effective	2363
competition with respect to the commodity sales service or	2364
ancillary service;	2365

(2) The customers of the commodity sales service or ancillary	2366
service have reasonably available alternatives.	2367

(B) In determining whether the conditions in division (A)(1)	2368
or (2) of this section exist, factors the commission shall	2369
consider include, but are not limited to:	2370

(1) The number and size of alternative providers of the	2371
commodity sales service or ancillary service;	2372

(2) The extent to which the commodity sales service or	2373
ancillary service is available from alternative providers in the	2374
relevant market;	2375

(3) The ability of alternative providers to make functionally	2376
equivalent or substitute services readily available at competitive	2377
prices, terms, and conditions;	2378

(4) Other indicators of market power, which may include	2379
market share, growth in market share, ease of entry, and the	2380
affiliation of providers of services.	2381

(C) The applicant shall have the burden of proof under this	2382
section.	2383

(D) No application may be filed under division (A) of this	2384
section prior to one hundred eighty days after the effective date	2385
of this section.	2386

(E) The commission shall not issue an order under division	2387
(A) of this section that exempts all of a natural gas company's	2388
commodity sales services from the chapters and sections specified	2389
in that division unless the commission finds that the company	2390
offers distribution services on a fully open, equal, and unbundled	2391
basis to all its customers and that all such customers reasonably	2392
may acquire commodity sales services from suppliers other than the	2393
natural gas company.	2394

(F)(E) An order exempting any or all of a natural gas	2395
company's commodity sales services or ancillary services under	2396
division (A) of this section shall prescribe both of the	2397
following:	2398

(1) A separation plan that ensures, to the maximum extent	2399
practicable, that the operations, resources, and employees	2400
involved in the provision or marketing of exempt commodity sales	2401
services or ancillary services, and the books and records	2402
associated with those services, shall be separate from the	2403
operations, resources, and employees involved in the provision or	2404
marketing of nonexempt commodity sales services or ancillary	2405
services and the books and records associated with those services;	2406

(2) A code of conduct that governs both the company's	2407
adherence to the state policy specified in section 4929.02 of the	2408
Revised Code and its sharing of information and resources between	2409
those employees involved in the provision or marketing of exempt	2410
commodity sales services or ancillary services and those employees	2411
involved in the provision or marketing of nonexempt commodity	2412
sales services or ancillary services.	2413

The commission, however, shall not prescribe, as part of any	2414
such separation plan or code of conduct, any requirement that	2415
unreasonably limits or restricts a company's ability to compete	2416
with unregulated providers of commodity sales services or	2417
ancillary services.	2418

(G)(F) Notwithstanding division (A)(2) of section 4929.08 of	2419
the Revised Code or any exemption granted under division (A) of	2420
this section, the commission has jurisdiction under section	2421
4905.26 of the Revised Code, upon complaint of any person or upon	2422
the complaint or initiative of the commission, to determine	2423
whether a natural gas company has failed to comply with a	2424
separation plan or code of conduct prescribed under division	2425
(F)(E) of this section. If, after notice and hearing as provided	2426
in section 4905.26 of the Revised Code, the commission is of the	2427
opinion that a natural gas company has failed to comply with such	2428
a plan or code, the commission may do any of the following:	2429

(1) Issue an order directing the company to comply with the	2430
plan or code;	2431

(2) Modify the plan or code, if the commission finds that	2432
such a modification is reasonable and appropriate, and order the	2433
company to comply with the plan or code as modified;	2434

(3) Abrogate the order granting the company's exemption under	2435
division (A) of this section, if the commission finds that the	2436
company has engaged in one or more material violations of the plan	2437
or code, that the violation or violations were intentional, and	2438
that the abrogation is in the public interest.	2439

(H)(G) An order issued under division (G)(F) of this section	2440
is enforceable in the manner set forth in section 4905.60 of the	2441
Revised Code. Any violation of such an order shall be deemed a	2442
violation of a commission order for the purpose of section 4905.54	2443
of the Revised Code.	2444

Sec. 4929.09.  In accordance with the commission's order	2445
prescribing a separation plan under division (F)(E) of section	2446
4929.04 of the Revised Code, a natural gas company granted an	2447
exemption under section 4929.04 of the Revised Code for a	2448
commodity sales service or ancillary service may designate the	2449
natural gas supplies that have been obtained to provide that	2450
exempt service. Nothing in this section prevents the public	2451
utilities commission from exercising its autnorityauthority under	2452
section 4905.302 of the Revised Code, provided, however, that the	2453
designation of the supplies for the exempt service and the cost of	2454
the designated supplies shall not be considered in the	2455
determination of rates and charges for the company's nonexempt	2456
services, including rates and charges determined pursuant to	2457
section 4905.302 of the Revised Code.	2458

Section 2. That existing sections 307.37, 307.38, 307.381,	2459
307.40, 505.73, 505.75, 505.76, 505.77, 505.78, 3703.01, 3722.02,	2460
3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102,	2461
3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04,	2462
3791.042, 3791.99, 4703.18, 4733.18, 4740.01, 4929.03, 4929.04,	2463
and 4929.09 and sections        Sec. 3781.181. ,        Sec. 3781.182. ,        Sec. 3781.21. , and        Sec. 4933.31.	2464
of the Revised Code are hereby repealed.	2465

Section 3. (A) The Residential Construction Advisory	2466
Committee shall recommend to the Board of Building Standards a	2467
building code for residential buildings. The Committee shall	2468
recommend a code that is modeled after a residential building code	2469
a national model code organization issues, with adaptations	2470
necessary to implement the code in this state. The Committee shall	2471
recommend a code that does not address zoning, statutory	2472
requirements concerning the percentage of contracts that shall be	2473
awarded to any specifically identified type of disadvantaged	2474
contractors, or architectural preferences that are not integral to	2475
the safety of residential buildings. If the Board of Building	2476
Standards does not approve a code the Committee recommends, the	2477
Committee shall revise the code and resubmit it until the Board	2478
agrees to adopt a recommended code as the state residential	2479
building code. Upon receiving an acceptable residential building	2480
code from the Residential Construction Advisory Committee, the	2481
Board shall adopt rules establishing that code as the state	2482
residential building code.	2483

(B) The Committee and the Board shall agree to a code on or	2484
before one hundred twenty days after the effective date of this	2485
section and the Board shall adopt rules establishing that code as	2486
the state residential building code on or before one hundred	2487
eighty days after the effective date of this section.	2488

(C) The rules the Board adopts pursuant to division (B) of	2489
this section shall have no force or effect until one year after	2490
the effective date of this section.	2491

Section 4. Any building department that enforces a	2492
residential building code on or before the effective date of this	2493
section and that wishes to enforce the residential building code	2494
the Board of Building Standards adopts pursuant to this act may	2495
enforce the state residential building code the Board adopts	2496
without being certified under section 3781.10 of the Revised Code	2497
for not more than one year after that code becomes effective.	2498
Thereafter, only a building department certified to enforce the	2499
residential building code pursuant to section 3781.10 of the	2500
Revised Code may enforce that code.	2501

Section 5. In enacting the legislation, the intent of the	2502
General Assembly is that the provisions of this act are general	2503
laws created in the exercise of the state's police power, arising	2504
out of matters of statewide concern, and are designed for the	2505
health safety, and welfare of contractors, their employees, and	2506
the public.	2507