As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Am. Sub. H. B. No. 175

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

Senators Mumper, Wachtmann, Blessing, Armbruster 

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A BILL

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 1312.08 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, 1312.07, 1312.08, and 4740.14 of the	23
Revised Code be enacted to read as follows:	24

Sec. 307.37. (A) As used in division (B)(3) 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 addresses subject	60
matter not addressed by the state residential building code or is	61
adopted pursuant to section 3781.01 of the Revised Code.	62

(b) The board of county commissioners may, by resolution,	63
adopt, administer, and enforce within the unincorporated area of	64
the county an existing structures code pertaining to the repair	65
and continued maintenance of structures and the premises of those	66
structures provided that the existing structures code governs	67
subject matter not addressed by, and is not in conflict with, the	68
state residential building code adopted pursuant to Chapter 3781.	69
of the Revised Code. The board may adopt by incorpoation by	70
reference a model or standard code prepared and promulgated by the	71
state, any agency of this state, or any private organization that	72
publishes a recognized or standard existing structures code.	73

(c) The board shall assign the duties of administering and	74
enforcing any local residential building regulations or existing	75
structures code to a county officer or employee who is trained and	76
qualified for those duties and shall establish by resolution the	77
minimum qualifications necessary to perform those duties.	78

(2) A county building codeThe board may includeadopt	79
regulations for participation in the national flood insurance	80
program established in the "Flood Disaster Protection Act of	81
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, and regulations	82
adopted for the purposes of section 1506.04 or 1506.07 of the	83
Revised Code governing the prohibition, location, erection,	84
construction, redevelopment, or floodproofing of new buildings or	85
structures, substantial improvements to existing buildings or	86
structures, or other development in unincorporated territory	87
within flood hazard areas identified under the "Flood Disaster	88
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as	89
amended, or within Lake Erie coastal erosion areas identified	90
under section 1506.06 of the Revised Code, including, but not	91
limited to, residential, commercial, institutional, or industrial	92
buildings or structures or other permanent structures, as defined	93
in section 1506.01 of the Revised Code. Rules adopted under	94
division (B)(2) of this section shall not conflict with the Ohio	95
state residential and nonresidential building codecodes adopted	96
pursuant to section 3781.10 of the Revised Code.	97

(3)(a) A county building code may includeboard may adopt	98
regulations that provide for a review of the specific effects of a	99
proposed new construction on existing surface or subsurface	100
drainage. The regulations may require reasonable drainage	101
mitigation and reasonable alteration of a proposed new	102
construction before a building permit is issued in order to	103
prevent or correct any adverse effects that the proposed new	104
construction may have on existing surface or subsurface drainage.	105
The regulations shall not be inconsistent with, more stringent	106
than, or broader in scope than standards adopted by the natural	107
resource conservation service in the United States department of	108
agriculture concerning drainage or rules adopted by the	109
environmental protection agency for reducing, controlling, or	110
mitigating storm water runoff from construction sites, where	111
applicable. The regulations shall allow a person who is registered	112
under Chapter 4703. or 4733. of the Revised Code to prepare and	113
submit relevant plans and other documents for review, provided	114
that the person is authorized to prepare the plans and other	115
documents pursuant to the person's registration.	116

(b) If regulations are adopted under division (B)(3) of this	117
section, the board shall specify in the regulations a procedure	118
for the review of the specific effects of a proposed new	119
construction on existing surface or subsurface drainage. The	120
procedure shall include at a minimum all of the following:	121

(i) A meeting at which the proposed new construction shall be	122
examined for those specific effects. The meeting shall be held	123
within thirty days after an application for a building permit is	124
filed or a review is requested unless the applicant agrees in	125
writing to extend that time period or to postpone the meeting to	126
another date, time, or place. The meeting shall be scheduled	127
within five days after an application for a building permit is	128
filed or a review is requested.	129

(ii) Written notice of the date, time, and place of that	130
meeting, sent by regular mail to the applicant. The written notice	131
shall be mailed at least seven days before the scheduled meeting	132
date.	133

(iii) Completion of the review by the board of county	134
commissioners not later than thirty days after the application for	135
a building permit is filed or a review is requested unless the	136
applicant has agreed in writing to extend that time period or	137
postpone the meeting to a later time, in which case the review	138
shall be completed not later than two days after the date of the	139
meeting. A complete review shall include the issuance of any order	140
of the board of county commissioners regarding necessary	141
reasonable drainage mitigation and necessary reasonable	142
alterations to the proposed new construction to prevent or correct	143
any adverse effects on existing surface or subsurface drainage so	144
long as those alterations comply with the state residential and	145
nonresidential building codes adopted pursuant to section 3781.10	146
of the Revised Code. If the review is not completed within the	147
thirty-day period or an extended or postponed period that the	148
applicant has agreed to, the proposed new construction shall be	149
deemed to have no adverse effects on existing surface or	150
subsurface drainage, and those effects shall not be a valid basis	151
for the denial of a building permit.	152

(iv) A written statement, provided to the applicant at the	153
meeting or in an order for alterations to a proposed new	154
construction, informing the applicant of the right to seek	155
appellate review of the denial of a building permit under division	156
(B)(3)(b)(iii) of this section by filing a petition in accordance	157
with Chapter 2506. of the Revised Code.	158

(c) The regulations may authorize the board, after obtaining	159
the advice of the county engineer, to enter into an agreement with	160
the county engineer or another qualified person or entity to carry	161
out any necessary inspections and make evaluations about what, if	162
any, alterations are necessary to prevent or correct any adverse	163
effects that a proposed new construction may have on existing	164
surface or subsurface drainage.	165

(d) Regulations authorized byadopted pursuant to division	166
(B)(3) of this section shall not apply to any property that a	167
platting authority has been approved by a platting authority under	168
section 711.05, 711.09, or 711.10, or 711.131 of the Revised Code	169
and shall not govern the same subject matter as the state	170
residential or nonresidential building codes adopted pursuant to	171
section 3781.10 of the Revised Code.	172

(e) As used in division (B)(3) of this section, "subsurface	173
drainage" does not include a household sewage disposal system as	174
defined in section 3709.091 of the Revised Code.	175

(C) Regulations or amendments(1) Any regulation, code, or	176
amendment may be adopted under this section only after a public	177
hearing at not fewer than two regular or special sessions of the	178
board. The board shall cause notice of any public hearing to be	179
published in a newspaper of general circulation in the county once	180
a week for the two consecutive weeks immediately preceding the	181
hearing, except that if the board posts the hearing notice on the	182
board's internet site on the world wide web, the board need	183
publish only one notice of the hearing in a newspaper of general	184
circulation if that newspaper notice includes the board's internet	185
site and a statement that the notice is also posted on the	186
internet site. Any notice of thea public hearings, including	187
hearing shall include the time, date, and place, once a week for	188
two weeks immediately precedingof the hearings. Thehearing.	189

(2) Any proposed regulations or amendmentsregulation, code,	190
or amendment shall be made available by the board to the public at	191
the board office. The regulations or amendments shall take effect	192
on the thirty-first day following the date of their adoption.	193

(D)(1) No person shall violate any regulation of, code, or	194
amendment the board adoptedadopts under sections 307.37 to 307.40	195
of the Revised Code.	196

(2) Each day during which an illegal location, erection,	197
construction, floodproofing, repair, alteration, development,	198
redevelopment, or maintenance continues may be considered a	199
separate offense.	200

(E) Regulations or amendments adopted by resolution of the	201
boardthe board adopts pursuant to this section, with the	202
exception of an existing structures code, do not affect buildings	203
or structures that exist or on which construction has begun on or	204
before the date the board adopts the regulation or amendment is	205
adopted by the board.	206

(F)(1) The board may provide forcreate a building regulation	207
department and may employ the personnel that it determines to be	208
necessary for the purpose of enforcing its regulationsto	209
administer and enforce any local residential building regulations	210
or existing structures code the board adopts pursuant to this	211
section. The building department may enforce the state residential	212
and nonresidential building codes adopted pursuant to Chapter	213
3781. of the Revised Code if the building department is certified	214
pursuant to section 3781.10 of the Revised Code to enforce those	215
codes.	216

Upon certification of the building department under section	217
3781.10 of the Revised Code, the(2) The board may direct the	218
county building department, upon certification, to exercise	219
enforcement authority and to accept and approve plans pursuant to	220
sections 3781.03 and 3791.04 of the Revised Code for any other	221
kind orthe class of building in the unincorporated territory of	222
the countyfor which the department and personnel are certified.	223

Sec. 307.38. For the purposes of administering and enforcing	224
the(A) To administer and enforce any local building regulations,	225
as provided byor existing structures code the board of county	226
commissioners adopts under section 307.37 of the Revised Code and	227
the state residential and nonresidential building codes the board	228
of building standards establishes pursuant to Chapter 3781. of the	229
Revised Code, the board of county commissioners may create,	230
establish, fill, and fix the compensation of the position of	231
county building inspector. Such position shall be in the	232
competitive classifiedunclassified service, and appointment,	233
promotion, and removal shall be governed by Chapter 124. of the	234
Revised Code. In lieu of the creation of any suchcreating that	235
position, the board may assign the duties of the office to an	236
existing county officer who is certified pursuant to section	237
3781.10 of the Revised Code. The duties of the inspector shall be	238
the administration and enforcement of building regulations.	239

(B) The board may contract with anyand a municipal	240
corporation in the county for the administration and enforcement	241
ofmay enter into a contract under which one entity enforces for	242
the other entity any local building regulations and any municipal	243
corporation may contract with the board for the administration and	244
enforcement of the building regulations of such municipal	245
corporation, existing structures code, or, if certified pursuant	246
to section 3781.10 of the Revised Code, the state residential and	247
nonresidential building codes in the other entity's jurisdiction.	248

The board, pursuant(C) Pursuant to a contract authorizing	249
such action, the board may contract on behalf of one or more	250
municipal corporations within its jurisdiction for another county	251
or another municipal corporation within or outside the county to	252
administer and enforce the state residential and nonresidential	253
building codecodes, any local residential building regulations,	254
and any existing structures code within the jurisdiction of the	255
municipal corporations seeking those services. The contract the	256
board enters into on behalf of these municipal corporations shall	257
provide for obtainingspecify which county or municipal	258
corporation is responsible for administering and enforcing the	259
codes and regulations and obtaining the appropriate certification	260
pursuant to division (E) of section 3781.10 of the Revised Code	261
for the exercise of administration and enforcement authority	262
within the municipal corporations and shall specify which	263
political subdivision is responsible for securing that	264
certification.	265

(D) In aany county whichthat has a building department	266
certified pursuant to section 3781.10 of the Revised Code, but not	267
certified through a contract with another political subdivision,	268
and whichthat has a board of building appeals certified pursuant	269
to section 3781.20 of the Revised Code, ifany contract the board	270
of county commissioners contractsenters into with a municipal	271
corporation or otheranother county for the first county to	272
administer and enforce the state residential and nonresidential	273
building code within the municipal corporation or within the other	274
county, the contractcodes shall require the board of building	275
appeals in the certified county board of appeals to hear appeals	276
from adjudication orders pertaining to the enforcement of Chapters	277
3781. and 3791. of the Revised Code and any rules adopted pursuant	278
to thesethose chapters within the municipal corporation or other	279
county.	280

Sec. 307.381. (A) The board of county commissioners of any	281
county which adopts regulations pursuant to section 307.37 of the	282
Revised Code and whichthat has a county building department	283
certified pursuant to section 3781.10 of the Revised Code, but not	284
certified through a contract with another political subdivision,	285
may by resolution establish a county board of building appeals,	286
make appointments to the board, and fix the compensation, if any,	287
of the board members. Upon	288

(B) Upon certification under section 3781.20 of the Revised	289
Code, the county board of building appeals shall hear and decide	290
appeals from adjudication orders of the county building inspector	291
or other officer assigned to perform histhe building official's	292
duties pertaining to the enforcement within histhe jurisdiction	293
of Chapters 3781. and 3791. of the Revised Code and any rules	294
adopted pursuant theretoto those chapters.	295

Sec. 307.40. (A)(1) No person shall erect, construct, alter,	296
repair, or maintain any single-family, two-family, or three-family	297
dwellingsresidential building as defined in section 3781.06 of	298
the Revised Code, within the unincorporated portion of any county,	299
whereinin which the board of county commissioners has enacted	300
created a building department to administer and enforce local	301
building regulations as provided in section 307.37 of the Revised	302
Code,or an existing structures code unless suchthat person fully	303
complies with the local building regulations are fully complied	304
withand existing structures code. In the event	305

(2) No person shall erect, construct, alter, repair, or	306
maintain any residential building as defined in section 3781.06 of	307
the Revised Code within the unincorporated portion of any county	308
in which a certified building department has jurisdiction to	309
enforce the state residential building code unless that person	310
fully complies with the state residential building code.	311

(B) In addition to any remedies provided by law, if any	312
building is being erected, constructed, altered, repaired, or	313
maintained in violation of the local building regulations adopted	314
by resolution under the authority granted by such section, the	315
existing structures code, or the state residential building code	316
in a county in which a certified building department enforces the	317
state code, the board, the prosecuting attorney, or the county	318
building inspector of such county, or any owner of an adjacent,	319
contiguous, or neighboring property owner who would be especially	320
damaged by suchthat violation, in addition to the remedies	321
provided by law, may institute a suit for injunction, abatement,	322
or other appropriate action to prevent suchthe violation of the	323
regulations relating to the erection, construction, alteration,	324
repair, or maintenance of such building. Sections	325

(C) Sections 307.37 to 307.40, inclusive, of the Revised Code	326
do not confer any power on any board inof county commissioners	327
with respect to the location, erection, construction,	328
reconstruction, change, alteration, maintenance, removal, use, or	329
enlargement of any buildings or structures of any public utility	330
or railroad, whether publicly or privately owned, or the use of	331
land by any public utility or railroad for the operation of its	332
business.	333

Sec. 505.73. (A) The board of township trustees may, by	334
resolution, adopt by incorporation by reference, administer, and	335
enforce within the unincorporated area of the township an existing	336
structures code pertaining to the repair and continued maintenance	337
of structures and the premises of suchthose structures. For such	338
that purpose, the board shall adopt any model or standard code	339
prepared and promulgated by thethis state, any department, board,	340
or other agency of thethis state, or any public or private	341
organization that publishes a recognized model or standard code on	342
the subject. The board shall ensure that the code adopted governs	343
subject matter not addressed by the state residential building	344
code and that it is fully compatible with the localstate	345
residential and nonresidential building code and the rules of	346
codes the board of building standards adoptedadopts pursuant to	347
section 3781.10 of the Revised Code.	348

(B) The board shall assign the duties of administering and	349
enforcing the existing structures code to a township officer or	350
employee who is trained and qualified for suchthose duties and	351
shall establish by resolution the minimum qualifications necessary	352
for performance of suchto perform those duties.	353

(C)(1) After the board adopts aan existing structures code,	354
the township clerk shall post a notice which shallthat clearly	355
identifyidentifies the code, statestates the code's purpose of	356
the code, stateand states that a complete copy of the code is on	357
file for inspection by the public with the township clerk and in	358
the county law library of the county in which the township is	359
located, and state that the clerk has copies available for	360
distribution to the public at cost. The	361

(2) The township clerk shall post the notice in five	362
conspicuous places in the township for thirty days before the code	363
becomes effective. The clerkand shall also publish the notice in	364
a newspaper of general circulation in the township for three	365
consecutive weeks. If the adopting township amends or deletes any	366
provision of the code, the notice shall contain a brief summary of	367
the deletion or amendment.	368

(D) If the agency that originally promulgated or published	369
the existing structures code thereafter amends the code, any	370
township that has adopted the code pursuant to this sectionthe	371
board may adopt the amendment or change by incorporation by	372
reference in the same manner as provided for the adoption of the	373
original code.	374

Sec. 505.75.  (A)(1) A board of township trustees may, by	375
resolution adopt by incorporation by reference, administer, and	376
enforce a standard code pertaining to the erection, construction,	377
repair, alteration, and maintenance of single-family, two-family,	378
and three-family dwellings promulgated by the state, or any	379
department, board, or other agency thereof, or by any municipal	380
corporation or county in this state, within the unincorporated	381
territory of the township, or establish districts in any part of	382
the unincorporated territory and adopt, administer, and enforce	383
such standard code in the affected districts. When adopted, all	384
regulations contained in such code, including those establishing	385
service charges, shall be uniform within all districts in which	386
building codes are established, except that more stringent	387
regulations may be imposed in flood hazard areas in order to	388
prevent or reduce the hazard resulting from flooding. In no case	389
shall regulations exceed the scope of regulating the safety,	390
health, and sanitary conditions of such buildings. Any person	391
adversely affected by a resolution of the board adopting,	392
amending, or rescinding a regulation may seek a declaratory	393
judgment pursuant to Chapter 2721. of the Revised Code on the	394
ground that the board failed to comply with the law in adopting,	395
amending, rescinding, publishing, or distributing the regulation,	396
or that the regulation, as adopted or amended by the board, is	397
unreasonable or unlawful, or that the revision of the regulation	398
was unreasonable or unlawfuladopt local residential building	399
regulations governing residential buildings as defined in section	400
3781.06 of the Revised Code. No regulation shall differ from the	401
state residential building code unless the regulation addresses	402
subject matter not addressed by the state residential building	403
code or is adopted pursuant to section 3781.01 of the Revised	404
Code.	405

A township building code(2) The board may includeadopt	406
regulations that are necessary for participation in the national	407
flood insurance program and arethat do not in conflict with the	408
Ohioresidential and nonresidential building codecodes, governing	409
the prohibition, location, erection, construction, or	410
floodproofing of new buildings or structures, or substantial	411
improvements to existing buildings or structures, in	412
unincorporated territory within flood hazard areas identified	413
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	414
42 U.S.C.A. 4002, as amended, including, but not limited to,	415
residential, commercial, or industrial buildings or structures.	416

(B)(1) Regulations or amendments may be adopted under this	417
section only after a public hearing at not fewer than two regular	418
or special sessions of the board and upon an affirmative vote of	419
all members of the board. The board shall cause notice of a public	420
hearing to be published in a newspaper of general circulation in	421
the township notice of the public hearings, including time, date,	422
and place, once a week for two weeks immediately preceding the	423
hearings.a hearing, except that if the board posts the hearing	424
notice on the board's internet site, the board need publish only	425
one notice of the hearing in a newspaper of general circulation if	426
that newspaper notice includes that internet site and a statement	427
that the notice is also posted on the internet site. Any notice	428
the board publishes or posts shall include the time, date, and	429
place of the public hearing.	430

(2) The proposed regulations or amendments shall be made	431
available by the board to the public at the board office.	432

The township building code shall be adopted if it is approved	433
by an affirmative vote of all members of the board of township	434
trustees.	435

The building code and any amendments to the building code	436
adopted by the board become effective thirty days after the date	437
of adoption unless, within thirty days after the adoption of the	438
building code or amendments, there is presented to the board a	439
petition, signed by a number of qualified voters residing in the	440
unincorporated area of the township equal to not less than eight	441
per cent of the total vote cast for all candidates for governor in	442
the area at the most recent general election at which a governor	443
was elected, requesting the board to submit the building code or	444
amendments to the electors of such area for approval or rejection	445
at the next primary or general election.	446

No building code or amendments for which the referendum vote	447
has been requested shall be put into effect unless a majority of	448
the vote cast on the issue is in favor of the building code or	449
amendments. Upon certification by the board of elections they take	450
immediate effect.	451

(C)(1) The board of township trustees may establishcreate a	452
building regulation department and employ personnel it determines	453
necessary to administer and enforce building regulationsany local	454
residential building regulations or existing structures code the	455
board adopts pursuant to this section. The building department may	456
enforce state residential and nonresidential building codes the	457
board of building standards establishes pursuant to Chapter 3781.	458
of the Revised Code if the department is certified pursuant to	459
section 3781.10 of the Revised Code to enforce those codes. Upon	460
certification of the building department under section 3781.10 of	461
the Revised Code, the board of township trustees may direct the	462
township building department to exercise enforcement authority and	463
to accept and approve plans pursuant to sections 3781.03 and	464
3791.04 of the Revised Code for any other kind or class of	465
building in the unincorporated territory of the townshipfor the	466
classes of buildings for which the building department and	467
personnel are certified.	468

For the purposes of administering and enforcing the(2) To	469
administer and enforce any local residential building regulations,	470
or existing structures code and the state residential and	471
nonresidential building codes, the board of township trustees may	472
create, establish, fill, and fix the compensation of the position	473
of township building inspector. The inspector shall beto serve as	474
the chief administrative officer of the township building	475
regulation department and shall administer and enforce the	476
building regulations. In lieu of the creation ofcreating the	477
position of township building inspector, the board may assign the	478
duties of the inspector to an existing township officer who is	479
certified pursuant to division (E) of section 3781.10 of the	480
Revised Code.	481

(D)(1) The board of township trustees may enter into a	482
contract with any municipal corporation or with a board of county	483
commissioners for the administration and enforcement ofmunicipal	484
corporation or board of county commissioners to administer and	485
enforce local residential building regulations, and anyor	486
existing structures code in the township or to enforce the state	487
residential and nonresidential building codes in the township if	488
the building department of the municipal corporation or county is	489
certified to enforce those codes.	490

(2) Any municipal corporation or board of county	491
commissioners may contract with a board of township trustees for	492
the administration and enforcement of theto administer and	493
enforce local building regulations of the municipal corporation or	494
countyor an existing structures code in the municipal corporation	495
or county and, if certified, to enforce the state residential and	496
nonresidential building codes in the municipal corporation or	497
unincorporated areas of the county.	498

Sec. 505.76. (A) BuildingLocal residential building	499
regulations adopted or amended by a board of township trustees	500
adopts under sectionssection 505.75 to 505.77 of the Revised Code	501
and an existing structures code the board adopts pursuant to	502
section 505.73 of the Revised Code shall be made available to the	503
public at the office of the board, and the section headings and	504
numbers and a notice of the availability of the regulations shall	505
be published in at least one newspaper of general townshipwide	506
circulation within ten days after their adoption or amendment.	507

(B) In a county in which the board of county commissioners	508
has adopted building regulations, no township shall adopt such	509
regulations pursuant to sections 505.75 to 505.77 of the Revised	510
Code.	511

Sec. 505.77.  (A)(1) No person shall erect, construct, alter,	512
repair, or maintain any single-family, two-family, or three-family	513
dwellingsresidential building, as defined in section 3781.06 of	514
the Revised Code, within the unincorporated portion of any	515
township, if the board of township trustees has adoptedin which a	516
standard code under section 505.75 of the Revised Code, without	517
complyingbuilding department has authority to administer and	518
enforce local residential building regulations or an existing	519
structures code unless that person complies with the building	520
regulations and code. No	521

(2) No person shall erect, construct, alter, repair, or	522
maintain any residential building, as defined in section 3781.06	523
of the Revised Code, within the unincorporated portion of any	524
township in which a certified building department has jurisdiction	525
to enforce the state residential building code unless that person	526
fully complies with the state residential building code.	527

(3) No person shall erect, construct, alter, repair, or	528
maintain any residential, commercial, or industrial buildings or	529
structures within the unincorporated area of any township, if a	530
board of township trustees has enacted building regulations under	531
section 505.75 of the Revised Code that are necessary for	532
participation in the national flood insurance program, without	533
complying with suchthose regulations. If	534

(4) In addition to any remedies provided by law, if any	535
building is being erected, constructed, altered, repaired, or	536
maintained in violation of the building regulations, existing	537
structures code, or state residential building code in townships	538
in which a certified building department has jurisdiction, the	539
board or, the township building inspector, or any owner of an	540
adjacent, contiguous, or neighboring property owner who would be	541
especially damaged by suchthe violation, in addition to the	542
remedies provided by law, may institute a suit for injunction,	543
abatement, or other appropriate action to prevent the violation of	544
the building regulations or the state residential building code	545
relating to the erection, construction, alteration, repair, or	546
maintenance of suchthat building.	547

(B) Sections 505.75 to 505.77 of the Revised Code do not	548
confer any power on any board with respect to the location,	549
erection, construction, reconstruction, change, alteration,	550
maintenance, removal, use, or enlargement of any buildings or	551
structures of any public utility or railroad, whether publicly or	552
privately owned, or the use of land by any public utility or	553
railroad for the operation of its business. Regulations or	554
amendments adopted byLocal building regulations the board shall	555
adopts and the building code that the building department	556
administers and enforces do not affect buildings or structures	557
whichthat exist or on which construction has begun on or before	558
the date on which the regulations or amendments are adopted by	559
building department begins enforcement of the building code or the	560
date the board adopts the building regulations.	561

(C) No person shall violate any building regulation of the	562
board adoptedadopts under division (A) of section 505.75 of the	563
Revised Code. Each day during which an illegal location, erection,	564
construction, flood-proofingfloodproofing, repair, alteration, or	565
maintenance continues may be considered a separate offense.	566

Sec. 505.78. If(A)(1) A board of township trustees shall	567
not adopt an existing structures code pursuant to section 505.73	568
of the Revised Code in any county in which the board of county	569
commissioners has adopted an existing structures code pursuant to	570
section 303.37 of the Revised Code.	571

(2) If a board of township trustees adopts a standardan	572
existing structures code under sections 505.75 to 505.77 of the	573
Revised Code and the board of county commissioners of the county	574
in which the township is located subsequently adopts building	575
regulations pursuant to sections 307.37 to 307.40 of the Revised	576
Codean existing structures code, the code adopted by the board of	577
township trustees adopts shall be of no force and effect one year	578
after the effective date of the building regulations adopted by	579
code the board of county commissioners adopts or at an earlier	580
date, as provided by the board of township trustees.	581

(B)(1) A board of trustees shall not adopt local residential	582
building regulations pursuant to section 505.75 of the Revised	583
Code in any county in which the board of county commissioners has	584
adopted such regulations pursuant to section 303.37 of the Revised	585
Code.	586

(2) If a board of township trustees adopts local residential	587
building regulations and the board of county commissioners	588
subsequently adopts such regulations, the township regulations	589
shall be of no force and effect one year after the county	590
regulations become effective or at an earlier date as the board of	591
township trustees provides.	592

Sec. 1312.01. As used in this chapter:

593

(A) "Construction defect" means a deficiency that arises	594
directly or indirectly out of the construction or the substantial	595
rehabilitation of a residential building. "Substantial	596
rehabilitation" includes the addition of a room and the removal or	597
installation of a wall, partition, or portion of the structural	598
design.	599

(B) "Dwelling action" means any civil action in contract or	600
tort for damages or indemnity brought against a residential	601
contractor for damages or the loss of use of real property caused	602
by a construction defect.	603

(C) "Owner" means an owner or a prospective owner of a	604
residential building or a dwelling unit in a residential building	605
who enters into a contract with a residential contractor for the	606
construction or substantial rehabilitation of that residential	607
building or unit.	608

(D) "Residential building" means a structure that is a	609
one-family, two-family, or three-family dwelling house or a	610
dwelling unit within that structure, any accessory structures	611
incidental to that dwelling house, and a unit in a condominium	612
development in which the owner holds title to that unit.	613
"Residential building" includes any structure that is used as a	614
model to promote the sale of a similar dwelling house.	615

(E) "Residential contractor" means a person or entity who,	616
for pay, enters into a contract with an owner for the construction	617
or the substantial rehabilitation of a residential building and	618
who has primary responsibility for the construction or substantial	619
rehabilitation of a residential building.	620

(F) "Accessory structure" has the same meaning as in section	621
3781.06 of the Revised Code.	622

Sec. 1312.02. This chapter applies only to an owner and a	623
residential contractor who enter into a contract for the	624
construction or the substantial rehabilitation of a residential	625
building.	626

Sec. 1312.03.  Upon entering into a contract for the	627
construction or the substantial rehabilitation of a residential	628
building, a residential contractor shall provide the owner with	629
notice of the contractor's right to offer to resolve any alleged	630
construction defect before the owner may commence a dwelling	631
action or arbitration proceedings against the contractor. The	632
contractor may include the notice in the contract or provide the	633
notice as a separate document delivered at the time the owner	634
signs the contract. The notice shall be conspicuous and in	635
substantially the following form:	636

OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW	637
BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS	638
FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO	639
CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A	640
LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE	641
CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE	642
DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE	643
CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE	644
DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR	645
MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW,	646
AND FAILURE TO FOLLOW THEM MAY AFFECT YOURABILITY TO FILE A	647
LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.	648

Sec. 1312.04. (A) No owner shall commence arbitration	649
proceedings or file a dwelling action against a residential	650
contractor unless, at least sixty days before commencing the	651
proceedings or filing the action, the owner provides the	652
contractor with written notice of the construction defect that	653
would be the basis of the arbitration proceedings or the dwelling	654
action. The notice shall be in writing and mailed, sent by	655
telegram, delivered in person, or sent by any means the contractor	656
has indicated communications may be sent, including facsimile	657
transmission and electronic mail. The notice shall substantially	658
comply with the requirements set forth in division (B) of this	659
section.	660

(B) Any notice that an owner provides to a contractor	661
pursuant to this section shall substantially do all of the	662
following:	663

(1) Assert a claim involving a construction defect by	664
itemizing and describing those construction defects;	665

(2) Include or attach a copy of any documentation concerning	666
the construction defects prepared by a person who inspected the	667
residential building for the owner;	668

(3) Include the name, address, and telephone number of the	669
owner and the contractor and the address of the building that is	670
the subject of the claim.	671

(C) After receiving a notice of defects, a contractor may	672
request an owner to provide a description of the cause of the	673
defects and the nature and extent of repairs necessary to remedy	674
the defects. An owner may provide this information if the owner	675
has knowledge of the cause of the defects and the repairs	676
necessary to remedy those defects.	677

(D) If a contractor files a mechanics lien or commences any	678
type of arbitration proceedings or legal action against an owner,	679
this chapter does not apply, and the owner immediately may	680
counterclaim, commence arbitration proceedings, or file a dwelling	681
action against the contractor.	682

Sec. 1312.05. (A) A residential contractor shall provide the	683
owner with a good faith written response to any notice provided	684
pursuant to section 1312.04 of the Revised Code. The response	685
shall be provided within twenty-one days after the owner mailed	686
the notice, delivered it by personal delivery, or transmitted it	687
by telegram, facsimile, or electronic mail. In the response, the	688
contractor shall offer to take one of the following actions:	689

(1) Inspect the residential building that is the subject of	690
the claim;	691

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

692

(3) Dispute the claim.

693

(B) If a contractor fails to respond as required by division	694
(A) of this section or disputes the claim, an owner is deemed to	695
have complied with this chapter and may commence arbitration	696
proceedings or file a dwelling action without further notice to	697
the contractor.	698

(C)(1) If an owner rejects a contractor's offer to inspect	699
the property or to compromise and settle a claim, the owner shall	700
notify the contractor of that rejection within fourteen days after	701
receiving the contractor's offer. The rejection notice shall be in	702
writing and include a reason for the rejection.	703

(2) After providing a rejection notice, an owner has complied	704
with this chapter and may commence arbitration proceedings or file	705
a dwelling action without further notice to the contractor.	706

Sec. 1312.06. (A) If an owner accepts a residential	707
contractor's offer to inspect the residential building, the owner	708
shall notify the contractor of that acceptance within fourteen	709
days. After accepting the offer to inspect, the owner shall allow	710
the contractor reasonable access to the building during normal	711
working hours. The contractor shall inspect the building within	712
fourteen days after the owner accepts the offer. The contractor	713
shall take reasonable measures to determine the nature and cause	714
of the construction defects and the appropriate remedy. The	715
measures the contractor takes may include, but are not limited to,	716
testing.	717

(B) Within ten days after a residential contractor conducts	718
an inspection as described in this section, the contractor shall	719
provide the owner with one of the following:	720

(1) A written offer to remedy the defects at no cost to the	721
owner. The offer shall be accompanied by an inspection report, a	722
prediction of the additional construction work necessary to remedy	723
each defect, and a timetable for completing the work necessary to	724
remedy the defects.	725

(2) A written offer to settle the claim;

726

(3) A written statement asserting that the contractor does	727
not intend to remedy the defects.	728

(C) An owner has complied with this chapter and may commence	729
arbitration proceedings or file a dwelling action without further	730
notice to the contractor if any of the following occur:	731

(1) The contractor does not inspect the property within	732
fourteen days after the owner accepts the offer to inspect.	733

(2) Following an inspection, the contractor does not provide	734
a written response.	735

(3) The contractor responds that the contractor does not	736
intend to remedy the defects.	737

(4) The contractor fails to remedy the defects in the manner	738
the contractor describes or within the timetable the contractor	739
provides.	740

(D) If a residential contractor makes or provides for repairs	741
or replacements to remedy a construction defect, the contractor	742
may take reasonable steps to document the repair or replacement	743
and to inspect the repair or replacement or have it inspected.	744

(E) If an owner accepts an offer that a residential	745
contractor makes in compliance with this chapter to compromise and	746
settle the claim, to remedy the defects, or to settle the claim	747
and the contractor fulfills that offer in compliance with this	748
chapter, the owner is barred from bringing a dwelling action or	749
commencing arbitration proceedings for the claim.	750

Sec. 1312.07. Unless otherwise indicated in this chapter, an	751
owner has complied with this chapter and may commence arbitration	752
proceedings or file a dwelling action sixty days after the owner	753
mails, delivers, sends by facsimile transmission or electronic	754
mail, or otherwise provides the residential contractor with a	755
defect notice pursuant to division (A) of section 1312.04 of the	756
Revised Code.	757

Sec. 1312.08. (A) All applicable statutes of limitation or	758
repose are tolled from the time the owner sends a notice of defect	759
to a contractor pursuant to section 1312.04 of the Revised Code	760
until the owner has complied with this chapter.	761

(B) If an owner files a dwelling action or commences	762
arbitration proceedings without having complied with this chapter,	763
the court or arbitrator shall dismiss that action or those	764
proceedings without prejudice. The owner may again file a dwelling	765
action or commence arbitration proceedings after complying with	766
this chapter.	767

(C) This chapter does not apply to any civil action in tort	768
alleging personal injury or wrongful death to a person resulting	769
from a construction defect.	770

Sec. 3703.01. (A) The division of industrial compliance in	771
the department of commerce shall:	772

(A)(1) Inspect all nonresidential buildings within the	773
meaning of section 3781.06 of the Revised Code;	774

(B)(2) Condemn all unsanitary or defective plumbing that is	775
found in connection with suchthose places;	776

(C)(3) Order such changes in plumbing as are necessary to	777
insure the safety of the public health.	778

(B)(1) The division of industrial compliance and boards of	779
health of city and general health districts shall not inspect	780
plumbing or collect fees for inspecting plumbing in particular	781
types of buildings in any municipal corporation that has been	782
certified by the board of building standards under section 3781.10	783
of the Revised Code to exercise enforcement authority for plumbing	784
in such types of buildings.	785

(2) The division shall not inspect plumbing or collect fees	786
for inspecting plumbing in particular types of buildings in any	787
health district that has employed one or more approved plumbing	788
inspectors to enforce Chapters 3781. and 3791. of the Revised Code	789
and the regulationsrules adopted pursuant theretoto those	790
chapters relating to plumbing in such types of buildings.	791

(3) A municipal corporation does not have jurisdiction to	792
inspect plumbing or collect fees for the inspection of plumbing in	793
types of buildings for which it has not been certified by the	794
board of building standards under section 3781.10 of the Revised	795
Code to exercise enforcement authority for plumbing in such types	796
of buildings. A	797

(4) A board of health of a health district does not have	798
jurisdiction to inspect plumbing or collect fees for the	799
inspection of plumbing in types of buildings for which it does not	800
have an approved plumbing inspector for such types of buildings.	801

(C) The superintendent of industrial compliance shall adopt	802
rules prescribing minimum qualifications based on education,	803
training, experience, or demonstrated ability, which the director	804
shall use in approving plumbing inspectors to do plumbing	805
inspections for health districts. Such minimum qualifications	806
shall be related to the types of buildings for which a person	807
seeks approval.	808

(D) Standards and methods prescribed in local plumbing	809
regulations shall not be less than those prescribed in Chapters	810
3781. and 3791. of the Revised Code and the regulationsrules	811
adopted thereunderpursuant to those chapters.	812

The(E) Notwithstanding any other provision of this section,	813
the division shall make a plumbing inspection of any building or	814
other place that there is reason to believe is in such a condition	815
as to be a menace to the public health.	816

Sec. 3722.02.  A person seeking a license to operate an adult	817
care facility shall submit to the director of health an	818
application on a form prescribed by the director and the	819
following:	820

(A) In the case of an adult group home seeking licensure as	821
an adult care facility, evidence that the home has been inspected	822
and approved by a local certified building department or by the	823
division of industrial compliance in the department of commerce as	824
meeting the applicable requirements of sections 3781.06 to	825
3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code and	826
any rules adopted under those sections and evidence that the home	827
has been inspected by the state fire marshal or fire prevention	828
officer of a municipal, township, or other legally constituted	829
fire department approved by the state fire marshal and found to be	830
in compliance with rules adopted under section 3737.83 of the	831
Revised Code regarding fire prevention and safety in adult group	832
homes;	833

(B) Valid approvals of the facility's water and sewage	834
systems issued by the responsible governmental entity, if	835
applicable;	836

(C) A statement of ownership containing the following	837
information:	838

(1) If the owner is an individual, the owner's name, address,	839
telephone number, business address, business telephone number, and	840
occupation. If the owner is an association, corporation, or	841
partnership, the business activity, address, and telephone number	842
of the entity and the name of every person who has an ownership	843
interest of five per cent or more in the entity.	844

(2) If the owner does not own the building or if the owner	845
owns only part of the building in which the facility is housed,	846
the name of each person who has an ownership interest of five per	847
cent or more in the building;	848

(3) The address of any adult care facility and any facility	849
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	850
Revised Code in which the owner has an ownership interest of five	851
per cent or more;	852

(4) The identity of the manager of the adult care facility,	853
if different from the owner;	854

(5) The name and address of any adult care facility and any	855
facility described in divisions (A)(9)(a) to (i) of section	856
3722.01 of the Revised Code with which either the owner or manager	857
has been affiliated through ownership or employment in the five	858
years prior to the date of the application;	859

(6) The names and addresses of three persons not employed by	860
or associated in business with the owner who will provide	861
information about the character, reputation, and competence of the	862
owner and the manager and the financial responsibility of the	863
owner;	864

(7) Information about any arrest of the owner or manager for,	865
or adjudication or conviction of, a criminal offense related to	866
the provision of care in an adult care facility or any facility	867
described in divisions (A)(9)(a) to (i) of section 3722.01 of the	868
Revised Code or the ability to operate a facility;	869

(8) Any other information the director may require regarding	870
the owner's ability to operate the facility.	871

(D) If the facility is an adult group home, a balance sheet	872
showing the assets and liabilities of the owner and a statement	873
projecting revenues and expenses for the first twelve months of	874
the facility's operation;	875

(E) Proof of insurance in an amount and type determined in	876
rules adopted by the public health council pursuant to this	877
chapter to be adequate;	878

(F) A nonrefundable license application fee in an amount	879
established in rules adopted by the public health council pursuant	880
to this chapter.	881

Sec. 3722.041.  (A) Sections 3781.06 to 3781.18, 3781.181,	882
3781.182, and 3791.04 of the Revised Code do not apply to an adult	883
family home for which application is made to the director of	884
health for licensure as an adult care facility under this chapter.	885
Adult family homes shall not be required to submit evidence to the	886
director of health that the home has been inspected by a local	887
certified building department or the division of industrial	888
compliance in the department of commerce or by the state fire	889
marshal or a fire prevention officer under section 3722.02 of the	890
Revised Code, but shall be inspected by the director of health to	891
determine compliance with this section. An inspection made under	892
this section may be made at the same time as an inspection made	893
under section 3722.04 of the Revised Code.	894

(B) The director shall not license or renew the license of an	895
adult family home unless it meets the fire protection standards	896
established by rules adopted by the public health council pursuant	897
to this chapter.	898

Sec. 3781.01. (A) Chapters 3781. and 3791. of the Revised	899
Code do not prevent the legislative authority of a municipal	900
corporation from making further and additional regulations, not in	901
conflict with suchthose chapters or with the rules and	902
regulations of the board of building standards adopts. SuchThose	903
chapters or the rules and regulations of the board of building	904
standards do not modify or repeal any portion of any building code	905
adopted by a municipal corporation and in force on September 13,	906
1911, whichthat is not in direct conflict with suchthose	907
chapters or with such rules and regulations.	908

(B) The state residential building code the board of building	909
standards adopts pursuant to section 3781.10 of the Revised Code	910
does not prevent a local governing authority from adopting	911
additional regulations governing residential structures that do	912
not conflict with the state residential building code if the	913
procedures in division (C) of this section are followed.	914

(C)(1) A local governing authority shall, and any person may,	915
notify the board of building standards of any regulation the local	916
governing authority adopts pursuant to division (B) of this	917
section and request the board of building standards to determine	918
whether that regulation conflicts with the state residential	919
building code.	920

(2) Not later than sixty days after receiving a notice under	921
division (C)(1) of this section, the board shall determine whether	922
the regulation conflicts with the state residential building code	923
and shall notify any person who submitted the notice and the local	924
governing authority that adopted the regulation of the board's	925
determination.	926

(a) If the board determines that a conflict does not exist,	927
the board shall take no further action with regard to the	928
regulation. If the board determines a conflict exists and the	929
regulation is not necessary to protect the health or safety of the	930
persons within the local governing authority's jurisdiction, the	931
regulation is not valid and the local governing authority may not	932
enforce the regulation.	933

(b) If the board determines that a conflict exists and that	934
the regulation is necessary to protect the health or safety of the	935
persons within the local governing authority's jurisdiction, the	936
board shall adopt a rule to incorporate the regulation into the	937
state residential building code. Until the rule becomes a part of	938
the state residential building code, the board shall grant a	939
temporary variance to the local governing authority and any	940
similarly situated local governing authority to which the board	941
determines the temporary variance should apply.	942

(D) As used in this section, "local governing authority"	943
means a board of county commissioners, a board of township	944
trustees, and the legislative authority of a municipal	945
corporation.	946

Sec. 3781.03. (A) The fire marshal or the fire chief of a	947
municipal corporations havingcorporation that has a fire	948
departmentsdepartment or the fire chief of townships havinga	949
township that has a fire departmentsdepartment shall enforce all	950
the provisions of Chapters 3781. and 3791. of the Revised Code	951
relatingthat relate to fire prevention.	952

(B) The superintendent of the division of industrial	953
compliance, the building inspector, or commissioner of buildings	954
in a municipal corporations whosecorporation, county, or township	955
in which the building departments have beendepartment is	956
certified by the board of building standards under section 3781.10	957
of the Revised Code, the building inspector or commissioner of	958
buildings in townships whose building departments have been	959
certified by the board of building standards under section 3781.10	960
of the Revised Code, and, in the unincorporated territory of	961
counties outside the boundaries of townships that have adopted	962
building regulations under sections 505.75 to 505.77 of the	963
Revised Code, the building inspector or commissioner of buildings	964
in counties whose building departments have been certified by the	965
board of building standards under section 3781.10 of the Revised	966
Code, shall enforce in the jurisdiction of each entity all the	967
provisions in suchthose chapters and any regulationsrules	968
adopted pursuant thereto relatingto those chapters that relate to	969
the construction, arrangement, and the erection of all buildings	970
or parts thereofof buildings, as defined in section 3781.06 of	971
the Revised Code, including the sanitary condition of the same	972
those buildings in relation to heating and ventilation.	973

(C) The division of industrial compliance in the department	974
of commerce or, the boards of health of health districts, orand	975
the certified departments of building inspection of municipal	976
corporations, subject to the applicable provisions of Chapter	977
3703. of the Revised Code, shall enforce such chaptersChapters	978
3781. and regulations relating3791. of the Revised Code and the	979
rules adopted pursuant to those chapters that relate to plumbing.	980

(D)(1) The department of the city engineer, in cities having	981
such departments, shall have complete supervision and regulation	982
ofauthority to supervise and regulate the entire sewerage and	983
drainage system of the city, including the house drain and the	984
house sewer and all laterals draining into the street sewers.	985

(2) The department of the city engineer shall have control	986
and supervision ofsupervise the installation and construction of	987
all drains and sewers that become a part of the sewerage system of	988
the city and shall issue all the necessary permits and licenses	989
for the construction and installation of all house drains and	990
house sewers and of all other lateral drains that empty into the	991
main sewers. The department shall keep a permanent record of the	992
installation and location of every drain and sewer of the drainage	993
and sewerage system of the city.	994

(E) This section does not exempt any officer or department	995
from the obligation to enforce Chapters 3781. and 3791. of the	996
Revised Code.	997

Sec. 3781.031. Before any(A) Any department or agency of	998
the state or any political subdivision attempts to enforcethat	999
enforces Chapters 3781. and 3791. of the Revised Code or anythe	1000
rules or regulations adopted pursuant theretoto those chapters,	1001
by any remedy, civil or criminal, it shall issue an adjudication	1002
order within the meaning of sections 119.06 to 119.13, inclusive,	1003
of the Revised Code, or a stop work order as provided hereinin	1004
this section.	1005

(B)(1) Any person charged with the duty of enforcing Chapters	1006
3781. and 3791. of the Revised Code or the rules or regulations	1007
adopted pursuant theretoto those chapters may issue a stop work	1008
order whenever hethe person finds, after inspection, that the	1009
site preparations or structure to be constructed, or in the case	1010
of an industrialized unit, the installation of thean	1011
industrialized unit, or that the use of an appliance, material,	1012
assemblage, or manufactured product does not comply with the	1013
provisions of Chapters 3781. and 3791. of the Revised Code or the	1014
rules or regulations adopted pursuant theretoto those chapters.	1015
The effect of such an order shall be limited to the matter	1016
specified therein.	1017

Every(2) Any adjudication order shall specify what	1018
appliances, site preparations, additions, or alterations to	1019
structures, plans, materials, assemblages, or procedures are	1020
necessary for the same to complycompliance with Chapters 3781.	1021
and 3791. of the Revised Code.	1022

(C) Upon the issuance of any order provided for hereinin	1023
this section, the person receiving suchthe order shall cease work	1024
upon the site preparations or structure to be constructed, or in	1025
the case of an industrialized unit, the installation of thean	1026
industrialized unit, or shall cease using the appliance,	1027
materials, assemblages, or manufactured product identified in the	1028
order until such time as the appeal provided for in accordance	1029
with the provisions of section 3781.19 of the Revised Code, and	1030
all appeals from suchthe hearing have been completed, or the	1031
order issued herein has been released.	1032

(D) Notwithstanding the provisions of Chapter 119. of the	1033
Revised Code relating to adjudication hearings and the proceedings	1034
thereon, a stenographic or mechanical record of the testimony and	1035
other evidence submitted shall be taken at the expense of the	1036
agency; a. Any party adversely affected by an order issued	1037
following suchan adjudication hearing may appeal to the court of	1038
common pleas of the county in which hethe party is a resident or	1039
in which the premises affected by suchthe order is located; the.	1040
The court in such case shall not be confined to the record as	1041
certified to it by the agency but any party may produce additional	1042
evidence and the court shall hear the matter upon suchthe record	1043
and such additional evidence as is introduced by any party; and	1044
theintroduces. The court shall not affirm the agency's order of	1045
the agency unless the preponderance of the evidence before it	1046
supports the reasonableness and lawfulness of suchthe order and	1047
of any rule or regulation of the board of building standards upon	1048
which the order of the agency is based in its application to the	1049
particular set of facts or circumstances involved in the appeal.	1050

(E) Failure to cease work after receipt ofreceiving a stop	1051
work order is hereby declared a public nuisance.	1052

Sec. 3781.06.  (A)(1) Any building that may be used as a	1053
place of resort, assembly, education, entertainment, lodging,	1054
dwelling, trade, manufacture, repair, storage, traffic, or	1055
occupancy by the public, any residential building, and all other	1056
buildings or parts and appurtenances thereofof those buildings	1057
erected within this state, shall be so constructed, erected,	1058
equipped, and maintained that they shall be safe and sanitary for	1059
their intended use and occupancy, except that sections 3781.06 to	1060
3781.18 and 3791.04 of the Revised Code shall be considered as	1061
model provisions with no force and effect when applied to	1062
single-family, two-family, and three-family dwelling houses, and	1063
accessory structures incidental to those dwelling houses, that	1064
have not been constructed or erected as industrialized one-family,	1065
two-family, or three-family units or structures within the meaning	1066
of the term "industrialized unit" as provided in division (C)(3)	1067
of this section, except where the context specifies mandatory	1068
applicability.	1069

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	1070
Revised Code shall be construed to limit the power of the public	1071
health council to adopt rules of uniform application governing	1072
manufactured home parks pursuant to section 3733.02 of the Revised	1073
Code.	1074

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	1075
Code shalldo not apply to either of the following:	1076

(1) Buildings or structures that are incident to the use for	1077
agricultural purposes of the land on which suchthe buildings or	1078
structures are located, provided suchthose buildings or	1079
structures are not used in the business of retail trade. For	1080
purposes of this division, a building or structure is not	1081
considered used in the business of retail trade if fifty per cent	1082
or more of the gross income received from sales of products in the	1083
building or structure by the owner or operator is from sales of	1084
products produced or raised in a normal crop year on farms owned	1085
or operated by the seller.	1086

(2) Existing single-family, two-family, and three-family	1087
detached dwelling houses for which applications have been	1088
submitted to the director of job and family services pursuant to	1089
section 5104.03 of the Revised Code for the purposes of operating	1090
type A family day-care homes as defined in section 5104.01 of the	1091
Revised Code.	1092

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	1093
Revised Code:	1094

(1) "Agricultural purposes" include agriculture, farming,	1095
dairying, pasturage, apiculture, horticulture, floriculture,	1096
viticulture, ornamental horticulture, olericulture, pomiculture,	1097
and animal and poultry husbandry.	1098

(2) "Building" means any structure consisting of foundations,	1099
walls, columns, girders, beams, floors, and roof, or a combination	1100
of any number of these parts, with or without other parts or	1101
appurtenances.	1102

(3) "Industrialized unit" means a building unit or assembly	1103
of closed construction fabricated in an off-site facility, that is	1104
substantially self-sufficient as a unit or as part of a greater	1105
structure, and that requires transportation to the site of	1106
intended use. "Industrialized unit" includes units installed on	1107
the site as independent units, as part of a group of units, or	1108
incorporated with standard construction methods to form a	1109
completed structural entity. "Industrialized unit" does not	1110
include a manufactured home as defined by division (C)(4) of this	1111
section or a mobile home as defined by division (O) of section	1112
4501.01 of the Revised Code.	1113

(4) "Manufactured home" means a building unit or assembly of	1114
closed construction that is fabricated in an off-site facility and	1115
constructed in conformance with the federal construction and	1116
safety standards established by the secretary of housing and urban	1117
development pursuant to the "Manufactured Housing Construction and	1118
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	1119
5403, and that has a permanent label or tag affixed to it, as	1120
specified in 42 U.S.C.A. 5415, certifying compliance with all	1121
applicable federal construction and safety standards.	1122

(5) "Permanent foundation" means permanent masonry, concrete,	1123
or a footing or foundation approved by the manufactured homes	1124
commission pursuant to Chapter 4781. of the Revised Code, to which	1125
a manufactured or mobile home may be affixed.	1126

(6) "Permanently sited manufactured home" means a	1127
manufactured home that meets all of the following criteria:	1128

(a) The structure is affixed to a permanent foundation and is	1129
connected to appropriate facilities;	1130

(b) The structure, excluding any addition, has a width of at	1131
least twenty-two feet at one point, a length of at least	1132
twenty-two feet at one point, and a total living area, excluding	1133
garages, porches, or attachments, of at least nine hundred square	1134
feet;	1135

(c) The structure has a minimum 3:12 residential roof pitch,	1136
conventional residential siding, and a six-inch minimum eave	1137
overhang, including appropriate guttering;	1138

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

1139

(e) The structure is not located in a manufactured home park	1140
as defined by section 3733.01 of the Revised Code.	1141

(7) "Safe," with respect to a building, means it is free from	1142
danger or hazard to the life, safety, health, or welfare of	1143
persons occupying or frequenting it, or of the public and from	1144
danger of settlement, movement, disintegration, or collapse,	1145
whether such danger arises from the methods or materials of its	1146
construction or from equipment installed therein, for the purpose	1147
of lighting, heating, the transmission or utilization of electric	1148
current, or from its location or otherwise.	1149

(8) "Sanitary," with respect to a building, means it is free	1150
from danger or hazard to the health of persons occupying or	1151
frequenting it or to that of the public, if such danger arises	1152
from the method or materials of its construction or from any	1153
equipment installed therein, for the purpose of lighting, heating,	1154
ventilating, or plumbing.	1155

(9) "Residential building" means a one-family, two-family, or	1156
three-family dwelling house, and any accessory structure	1157
incidental to that dwelling house. "Residential building" includes	1158
a one-family, two-family, or three-family dwelling house that is	1159
used as a model to promote the sale of a similar dwelling house.	1160
"Residential building" does not include an industrialized unit as	1161
defined by division (C)(3) of this section, a manufactured home as	1162
defined by division (C)(4) of this section, or a mobile home as	1163
defined by division (O) of section 4501.01 of the Revised Code.	1164

(10) "Nonresidential building" means any building that is not	1165
a residential building or a manufactured or mobile home.	1166

(11) "Accessory structure" means a structure that is attached	1167
to a residential building and serves the principal use of the	1168
residential building. "Accessory structure" includes, but is not	1169
limited to, a garage, porch, or screened-in patio.	1170

Sec. 3781.10. The board of building standards shall:

1171

(A) Formulate(1) The board of building standards shall	1172
formulate and adopt rules governing the erection, construction,	1173
repair, alteration, and maintenance of all buildings or classes of	1174
buildings specified in section 3781.06 of the Revised Code,	1175
including land area incidental theretoto those buildings, the	1176
construction of industrialized units, the installation of	1177
equipment, and the standards or requirements for materials to be	1178
used in connection therewithwith those buildings. The board shall	1179
incorporate those rules into separate residential and	1180
nonresidential building codes. The standards shall relate to the	1181
conservation of energy in and to the safety and sanitation of such	1182
those buildings. The	1183

(2) The rules shall begoverning nonresidential buildings are	1184
the lawful minimum requirements specified for suchthose buildings	1185
orand industrialized units, except that no rule, exceptother	1186
than as provided in division (C) of section 3781.108 of the	1187
Revised Code, whichthat specifies a higher requirement than is	1188
imposed by any section of the Revised Code shall beis	1189
enforceable; the. The rules governing residential buildings are	1190
uniform requirements for residential buildings in any area with a	1191
building department certified to enforce the state residential	1192
building code. In no case shall any local code or regulation	1193
differ from the state residential building code unless that code	1194
or regulation addresses subject matter not addressed by the state	1195
residential building code or is adopted pursuant to section	1196
3781.01 of the Revised Code.	1197

(3) The rules shall be acceptable asadopted pursuant to this	1198
section are complete, lawful alternatives to theany requirements	1199
specified for such buildings or industrialized units in any	1200
section of the Revised Code; and the. The board shall, on its own	1201
motion, or on application made under sections 3781.12 and 3781.13	1202
of the Revised Code, formulate, propose, adopt, modify, amend, or	1203
repeal the rules to the extent necessary or desirable to	1204
effectuate the purposes of sections 3781.06 to 3781.18 of the	1205
Revised Code.	1206

(B) Formulate andThe board shall report to the general	1207
assembly suchproposals for amendments into existing statutes	1208
relating to the purposes declared in section 3781.06 of the	1209
Revised Code asthat public health and safety and the development	1210
of the arts require and suchshall recommend any additional	1211
legislation as it recommends with a view to assist in carrying out	1212
fully, in statutory form, the purposes declared in suchthat	1213
section; and. The board shall prepare and submit to the general	1214
assembly a summary report of the number, nature, and disposition	1215
of the petitions filed under sections 3781.13 and 3781.14 of the	1216
Revised Code;.	1217

(C) Determine by rule, onOn its own motion or on application	1218
made under sections 3781.12 and 3781.13 of the Revised Code, and	1219
after thorough testing and evaluation, the board shall determine	1220
by rule that any particular fixture, device, material, process of	1221
manufacture, manufactured unit or component, method of	1222
manufacture, system, or method of construction, complies with	1223
performance standards adopted pursuant to section 3781.11 of the	1224
Revised Code, having. The board shall make its determination with	1225
regard to its adaptability for safe and sanitary erection, use, or	1226
construction, to that described in any section of the Revised	1227
Code, wherever the use of a fixture, device, material, method of	1228
manufacture, system, or method of construction which is described	1229
in suchthat section of the Revised Code, is permitted by law; and	1230
on like application. The board shall amend or annul any such rule	1231
or issue an authorization for the use of a new material or	1232
manufactured unit; and noon any like application. No department,	1233
officer, board, or commission of the state other than the board of	1234
building standards or the board of building appeals shall permit	1235
the use of any fixture, device, material, method of manufacture,	1236
newly designed product, system, or method of construction at	1237
variance with what is described in any rule adoptedthe board of	1238
building standards adopts or authorization issued by the board of	1239
building standardsissues or inthat is authorized by any section	1240
of the Revised Code. Nothing in this section shall be construed as	1241
requiring approval, by rule, of plans for an industrialized unit	1242
that conforms with the rules adopted by the board of building	1243
standards adopts pursuant to section 3781.11 of the Revised Code.	1244

(D) RecommendThe board shall recommend rules, codes, and	1245
standards to help carry out the purposes of section 3781.06 of the	1246
Revised Code and to help secure uniformity of state administrative	1247
rulings and local legislation and administrative action to the	1248
bureau of workers' compensation, the director of commerce, or any	1249
other department, officer, board, or commission of the state, and	1250
to legislative authorities and building departments of counties,	1251
townships, and municipal corporations, the making, amending,	1252
fixing, or ordaining by such appropriate action as such state,	1253
county, township, or municipal authorities may be empowered by law	1254
or the constitution to take, of such rules, codes, or standards as	1255
shall tend to carry out the purposes declared in section 3781.06	1256
of the Revised Code, with a view to securing uniformity of state	1257
administrative ruling; and local legislation and administrative	1258
action;and shall recommend that they audit those recommended	1259
rules, codes, and standards by any appropriate action that they	1260
are allowed pursuant to law or the constitution.	1261

(E) Certify(1) The board shall certify municipal, township,	1262
and county building departments and the personnel of those	1263
building departments, and persons and employees of individuals,	1264
firms, or corporations as described in division (E)(7) of this	1265
section to exercise enforcement authority, to accept and approve	1266
plans and specifications, and to make inspections, pursuant to	1267
sections 3781.03 and, 3791.04, and 4104.43 of the Revised Code.	1268

The board also shall certify personnel of municipal,	1269
township, and county building departments, and persons and	1270
employees of persons, firms, or corporations as described in	1271
divisions (E)(1) and (2) of this section, to exercise enforcement	1272
authority, to accept and approve plans and specifications, and to	1273
make inspections, pursuant to sections 3781.03 and 3791.04 of the	1274
Revised Code.(2) The board shall certify departments, personnel,	1275
and persons to enforce the state residential building code, to	1276
enforce the nonresidential building code, or to enforce both the	1277
residential and the nonresidential building codes. Any department,	1278
personnel, or person may enforce only the type of building code	1279
for which certified.	1280

(3) The board shall not require a building department, its	1281
personnel, or any persons that it employs to be certified for	1282
residential building code enforcement if that building department	1283
does not enforce the state residential building code. The board	1284
shall specify, in rules adopted pursuant to Chapter 119. of the	1285
Revised Code, the requirements that shall be satisfied for	1286
certification purposesfor residential and nonresidential building	1287
code enforcement, which requirements shall be consistent with this	1288
division. The requirements for residential and nonresidential	1289
certification may differ. Except as otherwise provided in this	1290
division, the requirements shall include, but are not limited to,	1291
the satisfactory completion of an initial examination and, in	1292
order to remain certified, the completion of a specified number of	1293
hours of continuing building code education within each three-year	1294
period following the date of certification. In adopting the	1295
requirements, the boardwhich shall be not specify less than	1296
thirty hours of continuing building code education within a	1297
three-year period;. The rules shall provide that continuing	1298
education credits, and certification issued, by the council of	1299
American building officials, national model code organizations,	1300
and agencies or entities recognized by the board,recognizes are	1301
acceptable for purposes of this division; and. The rules shall	1302
specify requirements that are compatible, to the extent possible,	1303
with requirements established by the council of American building	1304
officials and national model code organizations establish. The	1305

(4) The board shall establish and collect a certification and	1306
renewal fee for building department personnel, and persons and	1307
employees of persons, firms, or corporations as described in	1308
divisions (E)(1) and (2) of this section, who are certified	1309
pursuant to this division.	1310

All individuals(5) Any individual certified pursuant to this	1311
division shall complete the number of hours of continuing building	1312
code education that the board requires or, for failure to do so,	1313
forfeit their certificationscertification.	1314

(6) This division does not require or authorize the	1315
certification by the board ofboard to certify personnel of	1316
municipal, township, and county building departments, and persons	1317
and employees of persons, firms, or corporations as described in	1318
divisions (E)(1) and (2) of this section, whose responsibilities	1319
do not include the exercise of enforcement authority, the approval	1320
of plans and specifications, or the making of inspections, under	1321
the Ohiostate residential and nonresidential building codecodes.	1322

(1)(7) Enforcement authority for approval of plans and	1323
specifications and enforcement authority for inspections may be	1324
exercised, and plans and specifications may be approved,and	1325
inspections may be made on behalf of a municipal corporation,	1326
township, or county, by any of the following who are certified by	1327
the board of building standards certifies:	1328

(a) Officers or employees of the municipal corporation,	1329
township, or county;	1330

(b) Persons, or employees of persons, firms, or corporations,	1331
when such persons, firms, or corporations are underpursuant to a	1332
contract to furnish architectural or engineering services to the	1333
municipal corporation, township, or county, and such authority is	1334
exercised pursuant to such contract;	1335

(c) Officers or employees of any other, and persons under	1336
contract with, a municipal corporation, township, county, health	1337
district, or other political subdivision, or persons or employees	1338
of persons, firms, or corporations under contract with the same	1339
pursuant to division (E)(1)(b) of this section, when such other	1340
municipal corporation, township, county, health district, or other	1341
political subdivision is underpursuant to a contract to furnish	1342
architectural or engineering services to the municipal	1343
corporation, township, or county, and such authority is exercised	1344
pursuant to such contract.	1345

(2) Enforcement authority for inspections may be exercised,	1346
and inspections may be made, on behalf of a municipal corporation,	1347
township, or county, by any of the following who are certified by	1348
the board of building standards:	1349

(a) Officers or employees of the municipal corporation,	1350
township, or county;	1351

(b) Persons, or employees of persons, firms, or corporations,	1352
when such persons, firms, or corporations are under contract to	1353
furnish inspection services to the municipal corporation,	1354
township, or county, and such authority is exercised pursuant to	1355
such contract;	1356

(c) Officers or employees of any other municipal corporation,	1357
township, county, health district, or other political subdivision	1358
under contract to furnish inspection services to the municipal	1359
corporation, township, or county, when such authority is exercised	1360
pursuant to such contract.	1361

(3)(8) Municipal, township, and county building departments	1362
shall have jurisdiction within the meaning of sections 3781.03	1363
and, 3791.04, and 4104.43 of the Revised Code, only with respect	1364
to the types of buildings and subject matters as tofor which they	1365
have beenare certified under this section and as to which such	1366
certification remains in effect.	1367

(4) Such certification(9) Certification shall be granted	1368
upon application by the municipal corporation, the board of	1369
township trustees, or the board of county commissioners and	1370
approval of suchthat application by the board of building	1371
standards. SuchThe application shall set forth:	1372

(a) The types of building occupancies as to whichWhether the	1373
certification is requested for residential or nonresidential	1374
buildings, or both;	1375

(b) The number and qualifications of the staff composing the	1376
building department;	1377

(c) The names, addresses, and qualifications of persons,	1378
firms, or corporations contracting to furnish work or services	1379
pursuant to divisions (E)(1)(b) and (2)(b)division (E)(7)(b) of	1380
this section;	1381

(d) The names of any other municipal corporations	1382
corporation, townshipstownship, countiescounty, health districts	1383
district, or other political subdivisions contractingsubdivision	1384
under contract to furnish work or services pursuant to divisions	1385
(E)(1)(c) and (2)(c)division (E)(7) of this section;	1386

(e) The proposed budget for the operation of suchthe	1387
building department.	1388

(5)(10) The board of building standards shall adopt rules	1389
governing all of the following:	1390

(a) The certification of building department personnel and of	1391
those persons and employees of persons, firms, or corporations	1392
exercising authority pursuant to divisions (E)(1) and (2)division	1393
(E)(7) of this section. AnyThe rules shall disqualify any	1394
employee of the department or person who contracts for services	1395
with the department is disqualified from performing services for	1396
the department when the same would require thethat employee or	1397
person would have to pass upon, inspect, or otherwise exercise any	1398
authority given by the Ohio building code over any labor,	1399
material, or equipment furnished by the employee or person	1400
furnishes for the construction, alteration, or maintenance of a	1401
building or the preparation of working drawings or specifications	1402
for work within the jurisdictional area of the department. The	1403
department shall provide other similarly qualified personnel to	1404
enforce the requirements of the Ohioresidential and	1405
nonresidential building codecodes as it pertainsthey pertain to	1406
suchthat work.	1407

(b) The minimum services to be provided by a certified	1408
building department.	1409

(6) Such certification(11) The board of building standards	1410
may be revokedrevoke or suspended with respect to any or all of	1411
suspend certification to enforce the residential and	1412
nonresidential building occupancies to which it relatescodes, on	1413
petition to the board of building standards by any person affected	1414
by suchthat enforcement or approval of plans, or by the board on	1415
its own motion. Hearings shall be held and appeals permitted on	1416
any such proceedings for certification or for revocation or	1417
suspension of certification in the same manner as provided in	1418
section 3781.101 of the Revised Code for other proceedings of the	1419
board of building standards.	1420

(7)(12) Upon certification, and until suchthat authority is	1421
revoked, any county andor township building departments	1422
department shall enforce such rules over those occupancies listed	1423
in the applicationthe residential and nonresidential building	1424
codes for which it is certified without regard to limitation upon	1425
the authority of boards of county commissioners under Chapter 307.	1426
of the Revised Code or boards of township trustees under Chapter	1427
505. of the Revised Code.	1428

(F) Conduct such hearings, inIn addition to those required	1429
byhearings sections 3781.06 to 3781.18 and 3791.04 of the Revised	1430
Code require, andthe board of building standards shall make such	1431
investigations and tests, and require from other state	1432
departments, officers, boards, and commissions such information as	1433
the board considers necessary or desirable in order to assist it	1434
in the discharge of any duty or in the exercise of any power	1435
mentioned in this section or in sections 3781.06 to 3781.18 and,	1436
3791.04, and 4104.43 of the Revised Code;.	1437

(G) FormulateThe board shall adopt rules and establish	1438
reasonable fees for the review of all applications submitted where	1439
the applicant applies for authority to use a new material,	1440
assembly, or product of a manufacturing process. The fee	1441
established shall bear some reasonable relationship to the cost of	1442
suchthe review or testing of the materials, assembly, or products	1443
submitted and for the notification of approval or disapproval as	1444
provided in section 3781.12 of the Revised Code.	1445

(H) Compile and publish, in the form of a model code, rules	1446
pertaining to one-family, two-family, and three-family dwelling	1447
houses that any municipal corporation, township, or county may	1448
incorporate into its building code;The residential construction	1449
advisory committee shall provide the board with a proposal for a	1450
state residential building code that the committee recommends	1451
pursuant to division (C)(1) of section 4740.14 of the Revised	1452
Code. Upon receiving a recommendation from the committee that is	1453
acceptable to the board, the board shall adopt rules establishing	1454
that code as the state residential building code.	1455

(I) CooperateThe board shall cooperate with the director of	1456
job and family services when the director promulgates rules	1457
pursuant to section 5104.05 of the Revised Code regarding safety	1458
and sanitation in type A family day-care homes;.	1459

(J) AdoptThe board shall adopt rules to implement the	1460
requirements of section 3781.108 of the Revised Code.	1461

Sec. 3781.102.  (A) Any county or municipal building	1462
department certified pursuant to division (E) of section 3781.10	1463
of the Revised Code as of September 14, 1970, and that, as of that	1464
date, was inspecting single-family, two-family, and three-family	1465
residences, and any township building department certified	1466
pursuant to division (E) of section 3781.10 of the Revised Code,	1467
is hereby declared to be certified to inspect single-family,	1468
two-family, and three-family residences containing industrialized	1469
units, and shall inspect the buildings or classes of buildings	1470
subject to division (E) of section 3781.10 of the Revised Code.	1471

(B) Each board of county commissioners may adopt, by	1472
resolution, rules establishing standards and providing for the	1473
licensing of electrical and heating, ventilating, and air	1474
conditioning contractors who are not required to hold a valid and	1475
unexpired license pursuant to Chapter 4740. of the Revised Code.	1476

Rules adopted by a board of county commissioners pursuant to	1477
this division may be enforced within the unincorporated areas of	1478
the county and within any municipal corporation where the	1479
legislative authority of the municipal corporation has contracted	1480
with the board for the enforcement of the county rules within the	1481
municipal corporation pursuant to section 307.15 of the Revised	1482
Code. The rules shall not conflict with rules adopted by the board	1483
of building standards pursuant to section 3781.10 of the Revised	1484
Code or by the department of commerce pursuant to Chapter 3703. of	1485
the Revised Code. This division does not impair or restrict the	1486
power of municipal corporations under Section 3 of Article XVIII,	1487
Ohio Constitution, to adopt rules concerning the erection,	1488
construction, repair, alteration, and maintenance of buildings and	1489
structures or of establishing standards and providing for the	1490
licensing of specialty contractors pursuant to section 715.27 of	1491
the Revised Code.	1492

A board of county commissioners, pursuant to this division,	1493
may require all electrical contractors and heating, ventilating,	1494
and air conditioning contractors, other than those who hold a	1495
valid and unexpired license issued pursuant to Chapter 4740. of	1496
the Revised Code, to successfully complete an examination, test,	1497
or demonstration of technical skills, and may impose a fee and	1498
additional requirements for a license to engage in their	1499
respective occupations within the jurisdiction of the board's	1500
rules under this division.	1501

(C) No board of county commissioners shall require any	1502
specialty contractor who holds a valid and unexpired license	1503
issued pursuant to Chapter 4740. of the Revised Code to	1504
successfully complete an examination, test, or demonstration of	1505
technical skills in order to engage in the type of contracting for	1506
which the license is held, within the unincorporated areas of the	1507
county and within any municipal corporation whose legislative	1508
authority has contracted with the board for the enforcement of	1509
county regulations within the municipal corporation, pursuant to	1510
section 307.15 of the Revised Code.	1511

(D) A board may impose a fee for registration of a specialty	1512
contractor who holds a valid and unexpired license issued pursuant	1513
to Chapter 4740. of the Revised Code before that specialty	1514
contractor may engage in the type of contracting for which the	1515
license is held within the unincorporated areas of the county and	1516
within any municipal corporation whose legislative authority has	1517
contracted with the board for the enforcement of county	1518
regulations within the municipal corporation, pursuant to section	1519
307.15 of the Revised Code, provided that the fee is the same for	1520
all specialty contractors who wish to engage in that type of	1521
contracting. If a board imposes such a fee, the board immediately	1522
shall permit a specialty contractor who presents proof of holding	1523
a valid and unexpired license and pays the required fee to engage	1524
in the type of contracting for which the license is held within	1525
the unincorporated areas of the county and within any municipal	1526
corporation whose legislative authority has contracted with the	1527
board for the enforcement of county regulations within the	1528
municipal corporation, pursuant to section 307.15 of the Revised	1529
Code.	1530

(E) The political subdivision associated with each municipal,	1531
township, and county building department certified by the board of	1532
building standards certifies pursuant to division (E) of section	1533
3781.10 of the Revised Code may prescribe fees to be paid by	1534
persons, political subdivisions, or any department, agency, board,	1535
commission, or institution of the state, for the acceptance and	1536
approval of plans and specifications, and for the making of	1537
inspections, pursuant to sections 3781.03 and 3791.04 of the	1538
Revised Code.	1539

(F) Each political subdivision that prescribes fees pursuant	1540
to division (E) of this section shall collect, on behalf of the	1541
board of building standards, a feefees equal to threethe	1542
following:	1543

(1) Three per cent of thosethe fees the political	1544
subdivision collects in connection with nonresidential buildings;	1545

(2) One per cent of the fees the political subdivision	1546
collects in connection with residential buildings. The	1547

(G)(1) The board shall adopt rules, in accordance with	1548
Chapter 119. of the Revised Code, specifying the manner in which	1549
the fee assessed pursuant to this division (F) of this section	1550
shall be collected and remitted monthly to the board. The board	1551
shall pay the fee assessed pursuant to this divisionfees into the	1552
state treasury to the credit of the industrial compliance	1553
operating fund created in section 121.084 of the Revised Code.	1554

(2) All money credited to the industrial compliance operating	1555
fund under this division shall be used exclusively for both of the	1556
following:	1557

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

1558

(2)(b) Providing services, including educational programs,	1559
for the building departments that are certified by the board	1560
pursuant to division (E) of section 3781.10 of the Revised Code.	1561

(G)(H) A board of county commissioners that adopts rules	1562
providing for the licensing of electrical and heating,	1563
ventilating, and air conditioning contractors, pursuant to	1564
division (B) of this section, may accept, for purposes of	1565
satisfying the requirements of rules adopted under that division,	1566
a valid and unexpired license issued pursuant to Chapter 4740. of	1567
the Revised Code that is held by an electrical or heating,	1568
ventilating, and air conditioning contractor, for the	1569
construction, replacement, maintenance, or repair of one-family,	1570
two-family, or three-family dwelling houses or accessory	1571
structures incidental to those dwelling houses.	1572

(H)(I) A board of county commissioners shall not register a	1573
specialty contractor who is required to hold a license under	1574
Chapter 4740. of the Revised Code but does not hold a valid	1575
license issued under that chapter.	1576

(I)(J) As used in this section, "specialty contractor" means	1577
a heating, ventilating, and air conditioning contractor,	1578
refrigeration contractor, electrical contractor, plumbing	1579
contractor, or hydronics contractor, as those contractors are	1580
described in Chapter 4740. of the Revised Code.	1581

Sec. 3781.11.  (A) The rules of the board of building	1582
standards shall:	1583

(1) ProvideFor nonresidential buildings, provide uniform	1584
minimum standards and requirements, and for residential buildings,	1585
provide standards and requirements that are uniform throughout the	1586
state, for construction and construction materials, including	1587
construction of industrialized units, to make residential and	1588
nonresidential buildings safe and sanitary as defined in section	1589
3781.06 of the Revised Code;	1590

(2) Formulate such standards and requirements, so far as may	1591
be practicable, in terms of performance objectives, so as to make	1592
adequate performance for the use intended the test of	1593
acceptability;	1594

(3) Permit, to the fullest extent feasible, the use of	1595
materials and technical methods, devices, and improvements,	1596
including the use of industrialized units which tend to reduce the	1597
cost of construction and erection without affecting minimum	1598
requirements for the health, safety, and security of the occupants	1599
or users of buildings or industrialized units and without	1600
preferential treatment of types or classes of materials or	1601
products or methods of construction;	1602

(4) Encourage, so far as may be practicable, the	1603
standardization of construction practices, methods, equipment,	1604
material, and techniques, including methods employed to produce	1605
industrialized units;	1606

(5) Not require any alteration or repair of any part of a	1607
school building owned by a chartered nonpublic school or a city,	1608
local, exempted village, or joint vocational school district and	1609
operated in conjunction with any primary or secondary school	1610
program that is not being altered or repaired if all of the	1611
following apply:	1612

(a) The school building meets all of the applicable building	1613
code requirements in existence at the time of the construction of	1614
the building.	1615

(b) The school building otherwise satisfies the requirements	1616
of section 3781.06 of the Revised Code.	1617

(c) The part of the school building altered or repaired	1618
conforms to all rules of the board existing on the date of the	1619
repair or alteration.	1620

(6) Not require any alteration or repair to any part of a	1621
workshop or factory that is not otherwise being altered, repaired,	1622
or added to if all of the following apply:	1623

(a) The workshop or factory otherwise satisfies the	1624
requirements of section 3781.06 of the Revised Code.	1625

(b) The part of the workshop or factory altered, repaired, or	1626
added conforms to all rules of the board existing on the date of	1627
plan approval of the repair, alteration, or addition.	1628

(B) The rules of the board shall supersede and govern any	1629
order, standard, or rule of the division of industrial compliance	1630
in the department of commerce, division of the fire marshal, the	1631
department of health, and of counties and townships, in all cases	1632
where such orders, standards, or rules are in conflict with the	1633
rules of the board, except that rules adopted and orders issued by	1634
the fire marshal pursuant to Chapter 3743. of the Revised Code	1635
prevail in the event of a conflict.	1636

(C) The construction, alteration, erection, and repair of	1637
buildings including industrialized units, and the materials and	1638
devices of any kind used in connection with them and the heating	1639
and ventilating of them and the plumbing and electric wiring in	1640
them shall conform to the statutes of this state or the rules	1641
adopted and promulgated by the board, and to provisions of local	1642
ordinances not inconsistent therewith. Any building, structure, or	1643
part thereof, constructed, erected, altered, manufactured, or	1644
repaired not in accordance with the statutes of this state or with	1645
the rules of the board, and any building, structure, or part	1646
thereof in which there is installed, altered, or repaired any	1647
fixture, device, and material, or plumbing, heating, or	1648
ventilating system, or electric wiring not in accordance with such	1649
statutes or rules is a public nuisance.	1650

(D) As used in this section:

1651

(1) "Nonpublic school" means a chartered school for which	1652
minimum standards are prescribed by the state board of education	1653
pursuant to division (D) of section 3301.07 of the Revised Code.	1654

(2) "Workshop or factory" includes manufacturing, mechanical,	1655
electrical, mercantile, art, and laundering establishments,	1656
printing, telegraph, and telephone offices, railroad depots, and	1657
memorial buildings, but does not include hotels and tenement and	1658
apartment houses.	1659

Sec. 3781.12. (A) Any person may petition the board of	1660
building standards to adopt, amend, or annul a rule or regulation	1661
adopted pursuant to section 3781.10 of the Revised Code, or to	1662
permit the use of any particular fixture, device, material,	1663
system, method of manufacture, product of a manufacturing process,	1664
or method or manner of construction or installation, whichthat	1665
complies with performance standards adopted pursuant to section	1666
3781.11 of the Revised Code, as regards the purposes declared in	1667
section 3781.06 of the Revised Code, of the fixtures, devices,	1668
materials, systems, or methods or manners of construction,	1669
manufacture or installation described in any section of the	1670
Revised Code relating to saidthose purposes, where the use is	1671
permitted by law. Upon	1672

(B) Upon petition, the board shall cause to be conducted such	1673
testing and evaluation asthat the board shall determine	1674
determines desirable of any fixture, device, material, system,	1675
assembly or product of a manufacturing process, or method or	1676
manner of construction or installation sought to be used under the	1677
rules and regulations adopted by the board by virtue ofadopts	1678
pursuant to section 3781.10 of the Revised Code. If	1679

(C) If the board, after hearing, deemsdetermines it	1680
advisable to adopt the rule or regulation or, amendment, or	1681
annulment thereof, or to permit the use of the materials or	1682
assemblages petitioned for, it shall give at least thirty days'	1683
notice of the time and place of a public hearing thereon, which	1684
notice shall be given in accordance with the provisions set forth	1685
inas provided by section 119.03 of the Revised Code. No such rule	1686
or regulation shall be adopted, amended, or annulled, or the use	1687
of such materials or assemblages authorized, until after suchthe	1688
public hearing. A copy of every such rule or regulation and every,	1689
amendment, or annulment thereof, and a copy of every approved	1690
material or assembly authorization signed by the chairman	1691
chairperson of the board of building standards, and sealed with	1692
the seal of the department of commerce, shall, after final	1693
adoption or authorization by the board, be filed with the	1694
secretary of state and shall be published in such manner as the	1695
board determines. The issuance of the authorization for the use of	1696
the materials or assemblages described in the petition shall	1697
constituteconstitutes approval for their use anywhere in Ohio	1698
this state. Any such rule or regulation or, amendment, or	1699
annulment thereof shalldoes not take effect until a date fixed by	1700
the board fixes and stated thereinstates. No such rule,	1701
regulation, amendment, or annulment shall applyapplies to any	1702
building for which the plans or drawings, specifications, and data	1703
of which have beenwere approved prior to the time suchthe rule,	1704
regulation, amendment, or annulment takes effectbecomes	1705
effective. All hearings of the board shall beare open to the	1706
public. Each of the membersmember of the board may administer	1707
oaths in the performance of histhe member's duties.	1708

Sec. 3781.13.  Any person interested, either because of	1709
ownership or occupation of any property affected by any rule or	1710
regulation described in section 3781.12 of the Revised Code, or as	1711
the producer, manufacturer, seller, or distributor, of any	1712
building material, industrialized unit, plumbing, heating, or	1713
ventilating system or device, or any other device, product,	1714
assembly, or equipment, the use of which is not provided for by	1715
any such rule or regulation, may petition for a hearing on the	1716
reasonableness and lawfulness of any action of the board of	1717
building standards, adopting, amending, or annulling or refusing	1718
to adopt, amend, or annul suchthe rule or regulation, in the	1719
manner provided in sections 3781.06 to 3781.18, inclusive, and	1720
section 3791.04 of the Revised Code. SuchAny petition for hearing	1721
shall be by verified petition filed with the board settingand	1722
shall set out specifically and in full detail the action of the	1723
board upon which a hearing is desired, and the reason why such	1724
that action is unreasonable or unlawful, and every issue to be	1725
considered by the board should consider on the hearing. SuchThe	1726
petition shall be filed within thirty days after the record of the	1727
action of the board is filed in the office of the secretary of	1728
state, in cases where suchthe record is required to be so filed	1729
with the secretary of state; otherwise the petition shall be filed	1730
within thirty days after the action is taken. Upon receipt of said	1731
the petition, after a hearing which shall be held within thirty	1732
days thereafterafter the receipt of the petition and of which	1733
after notice has been given to the petitioner, the board may	1734
determine that suchthe action is unreasonable or unlawful and	1735
annul any rule or regulation forthwith, or it may, confirm its	1736
prior action forthwith, or it may re-enact or amend any rule or	1737
regulation in the manner provided in section 3781.12 of the	1738
Revised Code. If the board does not determine the matter in	1739
hearing is not determined by the board within two weeks after such	1740
the hearing, the action may, at the option of the petitioner, be	1741
deemed to have been confirmed.	1742

Sec. 3781.18.  Wherever in Chapters 3781. and 3791. of the	1743
Revised Code or the rules or regulations adopted pursuant thereto	1744
to those chapters describe particular fixtures, devices,	1745
materials, systems, method of manufacture, product of a	1746
manufacturing process, or methods or manners of construction or	1747
installation are describedpertaining to nonresidential buildings,	1748
such description prescribesthose descriptions prescribe minimum	1749
standards of safety and sanitary conditions exemplified by such	1750
that a particular fixturesfixture, devicesdevice, materials	1751
material, systemssystem, method of manufacture, product of a	1752
manufacturing process, or methodsmethod or mannersmanner of	1753
construction or installation exemplifies. Where theThe use of	1754
another fixture, device, material, system, industrialized unit,	1755
newly designed product, or method, or manner of construction or	1756
installation is desired whichthat is at variance with what is	1757
described in such chapters, such usethe descriptions is	1758
permissible, if such otherthe fixture, device, material, system,	1759
manufactured component or unit, product, method, or manner of	1760
construction complies with performance standards as determined by	1761
the board determines.	1762

Sec. 3781.183.  If the board of building standards adopts	1763
rules under sections 3781.06 to 3781.18, 3781.181, and 3781.182 of	1764
the Revised Code concerning the requirements an adult group home	1765
seeking licensure as an adult care facility must meet under	1766
section 3722.02 of the Revised Code, the board shall adopt the	1767
rules in consultation with the directors of health and of aging	1768
and any interested party designated by the directors of health and	1769
of aging.	1770

Sec. 3781.99. (A) Whoever violates division (E) of section	1771
3781.111 of the Revised Code shall be issued a warning for a first	1772
offense. On each subsequent offense, the person shall be fined	1773
twenty-five dollars for each parking location that is not properly	1774
marked or whose markings are not properly maintained.	1775

(B) Whoever violates this chapter or any rule adopted or	1776
order issued pursuant to it that relates to the construction,	1777
alteration, or repair of any building, and the violation is not	1778
detrimental to the health, safety, or welfare of any person shall	1779
be fined not more than one hundred dollars.	1780

(C) Whoever violates this chapter or any rule adopted or	1781
order issued pursuant to it that relates to the construction,	1782
alteration, or repair of any building, and the violation is	1783
detrimental to the health, safety, or welfare of any person, is	1784
guilty of a minor misdemeanor.	1785

Sec. 3791.04.  (A)(1) Before beginning the construction,	1786
erection, or manufacture of any building to which section 3781.06	1787
of the Revised Code is applicableapplies, including all	1788
industrialized units, the owner thereofof that building, in	1789
addition to any other submission of plans or drawings,	1790
specifications, and data required by law, shall submit the plans	1791
or drawings, specifications, and data prepared for the	1792
construction, erection, and equipment thereof, or the, alteration	1793
thereof, or addition thereto, which plans or drawings, and	1794
specifications shallthat indicate thereon the portions that have	1795
been approved pursuant to section 3781.12 of the Revised Code,and	1796
for which no further approval shall beis required, to the	1797
municipal, township, or county building department having	1798
jurisdiction if such department has been certified as provided in	1799
division (E) of section 3781.10 of the Revised Code, and if there	1800
isunless one of the following applies:	1801

(a) If no certified municipal, township, or county building	1802
department,certified for nonresidential buildings pursuant to	1803
division (E) of section 3781.10 of the Revised Code has	1804
jurisdiction, the owner shall make the submissions described in	1805
division (A)(1) of this section to the superintendent of the	1806
division of industrial compliance, for approval.	1807

(b) If no certified municipal, township, or county building	1808
department certified for residential buildings pursuant to	1809
division (E) of section 3781.10 of the Revised Code has	1810
jurisdiction, the owner is not required to make the submissions	1811
described in division (A)(1) of this section.	1812

(2)(a) The seal of an architect registered under Chapter	1813
4703. of the Revised Code or an engineer registered under Chapter	1814
4733. of the Revised Code shall beis required for any plans,	1815
drawings, specifications, or data submitted for approval, unless	1816
the plans, drawings, specifications, or data mayare permitted to	1817
be prepared by persons other than registered architects pursuant	1818
to division (C) or (D) of section 4703.18 of the Revised Code, or	1819
by persons other than registered engineers pursuant to division	1820
(C) or (D) of section 4733.18 of the Revised Code.	1821

(b) No seal shall beis required for any plans, drawings,	1822
specifications, or data submitted for approval for any residential	1823
buildings or structures subject to the requirements of section	1824
3781.181 of the Revised Code, exempt from the requirements of	1825
sections, as defined in section 3781.06 to 3781.18 and 3791.04 of	1826
the Revised Code, or erected as industrialized one-, two-, or	1827
three-family units or structures within the meaning of	1828
"industrialized unit" as defined in section 3781.06 of the Revised	1829
Code.	1830

(c) No seal shall beis required for approval of the	1831
installation of replacement equipment or systems that are similar	1832
in type or capacity to the equipment or systems being replaced. No	1833
seal shall beis required for approval for any new construction,	1834
improvement, alteration, repair, painting, decorating, or other	1835
modification of any buildings or structures subject to sections	1836
3781.06 to 3781.18 and 3791.04 of the Revised Code if the proposed	1837
work does not involve technical design analysis, as defined by	1838
rule adopted by the board of building standards.	1839

(B) No owner shall proceed with the construction, erection,	1840
alteration, or equipment of any such building until suchthe plans	1841
or drawings, specifications, and data have been so approved as	1842
this section requires, or the industrialized unit inspected at the	1843
point of origin. No plans or specifications shall be approved or	1844
inspection approval given unless the building represented thereby	1845
would, if constructed, repaired, erected, or equipped according to	1846
the same, comply with Chapters 3781. and 3791. of the Revised Code	1847
and any rule made under suchthose chapters.	1848

(C) The approval of plans or drawings and specifications or	1849
data pursuant to this section is invalid if construction,	1850
erection, alteration, or other work upon the building has not	1851
commenced within twelve months of the approval of the plans or	1852
drawings and specifications. One extension shall be granted for an	1853
additional twelve-month period if requested by the owner requests	1854
at least ten days in advance of the expiration of the permit and	1855
upon payment of a fee not to exceed one hundred dollars. If in the	1856
course of construction, work is delayed or suspended for more than	1857
six months, the approval of plans or drawings and specifications	1858
or data is invalid. Two extensions shall be granted for six months	1859
each if requested by the owner requests at least ten days in	1860
advance of the expiration of the permit and upon payment of a fee	1861
for each extension of not more than one hundred dollars. Before	1862
any work may continue on the construction, erection, alteration,	1863
or equipment of any building for which the approval is invalid,	1864
the owner of the building shall resubmit the plans or drawings and	1865
specifications for approval pursuant to this section.	1866

(D) Subject to section 3791.042 of the Revised Code, the	1867
board of building standards or the legislative authority of a	1868
municipal corporation, township, or county, by rule, may regulate	1869
the requirements for the submission of plans and specifications to	1870
the respective enforcing departments and for the processing of the	1871
same by suchthose departments. The board of building standards or	1872
the legislative authority of a municipal corporation, township, or	1873
county may adopt rules to provide for the approval, subject to	1874
section 3791.042 of the Revised Code, by the department having	1875
jurisdiction of the plans for construction of a foundation or any	1876
other part of a building or structure before the complete plans	1877
and specifications for the entire building or structure have been	1878
are submitted. When any plans are approved by the department	1879
having jurisdiction, the structure and every particular thereof	1880
represented by and disclosed in those plans and disclosed therein	1881
shall, in the absence of fraud or a serious safety or sanitation	1882
hazard, be conclusively presumed to comply with Chapters 3781. and	1883
3791. of the Revised Code and any rule issued pursuant theretoto	1884
those chapters, if constructed, altered, or repaired in accordance	1885
with those plans and any such rule in effect at the time of	1886
approval.	1887

(E) The approval of plans and specifications, including	1888
inspection of the industrialized units, under this section is a	1889
"license" and the failure to approve such plans or specifications	1890
as submitted or to inspect the unit at the point of origin within	1891
thirty days after the plans or specifications are filed, or the	1892
request for inspection ofto inspect the industrialized unit is	1893
made, or the disapproval of such plans and specifications, or the	1894
refusal to approve suchan industrialized unit, following	1895
inspection at the point of origin is "an adjudication order	1896
denying the issuance of a license" requiring an "adjudication	1897
hearing" as provided by sections 119.07 to 119.13 of the Revised	1898
Code and as modified by sections 3781.031 and 3781.19 of the	1899
Revised Code. An adjudication order denying the issuance of a	1900
license shall specify the reasons for suchthat denial.	1901

(F) The board of building standards shall not require the	1902
submission of site preparation plans or plot plans to the division	1903
of industrial compliance in situations wherewhen industrialized	1904
units are used exclusively as one-, two-, or three-family	1905
dwellings.	1906

(G) Notwithstanding any procedures established by the board	1907
establishes, if the agency having jurisdiction, if it objects to	1908
any portion of the plans or specifications, upon the request of	1909
the owner or the owner's representative of the owner, may request	1910
the agency to issue conditional approval to proceed with	1911
construction up to the point where there isof the objection.	1912
Approval shall be issued only when the objection results from	1913
conflicting interpretations of the rules of the board of building	1914
standards rather than the application of specific technical	1915
requirements of the rules. Approval shall not be issued where the	1916
correction of the objection would cause extensive changes in the	1917
building design or construction. The giving of conditional	1918
approval is a "conditional license" to proceed with construction	1919
up to the point where the construction or materials objected to by	1920
the agency are to be incorporated into the building. No	1921
construction shall proceed beyond thisthat point without the	1922
prior approval of the agency or another agency whichthat conducts	1923
an adjudication hearing relative to the objection. The agency	1924
having jurisdiction shall specify its objections to the plans or	1925
specifications, which is an "adjudication order denying the	1926
issuance of a license" and may be appealed pursuant to sections	1927
119.07 to 119.13 of the Revised Code and as modified by sections	1928
3781.031 and 3781.19 of the Revised Code.	1929

(H) A certified municipal, township, or county building	1930
department having jurisdiction, or the superintendent of the	1931
division of industrial compliance, as appropriate, shall review	1932
any plans, drawings, specifications, or data described in this	1933
section that are submitted to it or to the superintendent.	1934

(I) No owner or persons having control as an officer, or as a	1935
member of a board or committee, or otherwise, of a building to	1936
which section 3781.06 of the Revised Code is applicable, and no	1937
architect, designer, engineer, builder, contractor, subcontractor,	1938
or any officer or employee of a municipal, township, or county	1939
building inspection department shall violate this section.	1940

(J) Whoever violates this section shall be fined not more	1941
than five hundred dollars.	1942

Sec. 3791.042.  If a building department certified under	1943
division (E) of section 3781.10 of the Revised Code does not have	1944
personnel in its full-time employ as described in division	1945
(E)(1)(a) of section 3781.10 of the Revised Code who are certified	1946
by the board of building standards to do plan and specification	1947
review, plans and specifications submitted to the building	1948
department shall be examined by the approved building official and	1949
shall be approved by himthe official if the plans and	1950
specifications are determined to conform with the Ohio building	1951
code and Chapters 3781. and 3791. of the Revised Code, and if the	1952
plans and specifications satisfy both of the following	1953
requirements:	1954

(A) The plans and specifications were prepared by an	1955
architect who is certificated and registered pursuant to Chapter	1956
4703. of the Revised Code, or by a professional engineer who is	1957
registered pursuant to Chapter 4733. of the Revised Code.	1958

(B) Theand those plans and specifications contain a written	1959
certification by anthe architect or professional engineer, as	1960
described in division (A) of this section, that indicates that the	1961
plans and specifications conform to the requirements of the Ohio	1962
building code and Chapters 3781. and 3791. of the Revised Code.	1963

Sec. 3791.99. (A) Whoever violates division (B) of section	1964
3791.11 or division (D) of section 3791.21 of the Revised Code is	1965
guilty of a minor misdemeanor, and each day the violation	1966
continues constitutes a separate offense.	1967

(B) Whoever violates this chapter or any rule adopted or	1968
order issued pursuant to it that relates to the construction,	1969
alteration, or repair of any building, and the violation is not	1970
detrimental to the health, safety, or welfare of any person, shall	1971
be fined not more than one hundred dollars.	1972

(C) Whoever violates this chapter or any rule adopted or	1973
order issued pursuant to it that relates to the construction,	1974
alteration, or repair of any building, and the violation is	1975
detrimental to the health, safety, or welfare of any person, is	1976
guilty of a minor misdemeanor.	1977

Sec. 4703.18.  (A) No person shall enter upon the practice of	1978
architecture or hold himself or herself forth as an architect or	1979
registered architect, unless the person has complied with sections	1980
4703.01 to 4703.19 of the Revised Code and is the holder of a	1981
certificate of qualification to practice architecture issued or	1982
renewed and registered under those sections.	1983

(B) Sections 4703.01 to 4703.19 of the Revised Code do not	1984
prevent persons other than architects from filing applications for	1985
building permits or obtaining those permits.	1986

(C) Sections 4703.01 to 4703.19 of the Revised Code do not	1987
prevent persons other than architects from preparing plans,	1988
drawings, specifications, or data, filing applications for	1989
building permits, or obtaining those permits for residential	1990
buildings or structures subject to the requirements of, as defined	1991
by section 3781.181 of the Revised Code, exempted from the	1992
requirements of sections 3781.06 to 3781.18 and 3791.04 of the	1993
Revised Code, or buildings erected as industrialized one-, two-,	1994
or three-family units or structures within the meaning of the term	1995
"industrialized unit" as provided in section 3781.06 of the	1996
Revised Code.	1997

(D) Sections 4703.01 to 4703.19 of the Revised Code do not	1998
prevent persons other than architects from preparing drawings or	1999
data, from filing applications for building permits, or from	2000
obtaining those permits for the installation of replacement	2001
equipment or systems that are similar in type or capacity to the	2002
equipment or systems being replaced, and for any improvement,	2003
alteration, repair, painting, decorating, or other modification of	2004
any buildings or structures subject to sections 3781.06 to 3781.18	2005
and 3791.04 of the Revised Code where the building official	2006
determines that no plans or specifications are required for	2007
approval.	2008

(E) Sections 4703.01 to 4703.19 of the Revised Code do not	2009
exclude a registered professional engineer from architectural	2010
practice that may be incident to the practice of his or her	2011
engineering profession or exclude a registered architect from	2012
engineering practice that may be incident to the practice of	2013
architecture.	2014

(F) Sections 4703.01 to 4703.19 of the Revised Code do not	2015
prevent a firm, partnership, association, limited liability	2016
company, or corporation of architects registered under those	2017
sections from providing architectural services and do not prevent	2018
an individual registered as a landscape architect under sections	2019
4703.30 to 4703.49 of the Revised Code or as a professional	2020
engineer under sections Chapter 4733. of the Revised Code from	2021
being a member of a firm, partnership, association, limited	2022
liability company, or corporation of that type, but a member of	2023
that type shall not engage in the practice of architecture or hold	2024
himself or herself forth as an architect contrary to sections	2025
4703.01 to 4703.19 of the Revised Code and shall not practice a	2026
profession in which the person is not licensed.	2027

(G) A firm, partnership, association, limited liability	2028
company, or corporation may provide architectural services in this	2029
state as long as the services are provided only through natural	2030
persons registered to provide those services in this state,	2031
subject to the exemptions in section 4703.17 of the Revised Code	2032
and subject otherwise to the requirements of sections 4703.01 to	2033
4703.19 of the Revised Code.	2034

(H) No firm, partnership, association, limited liability	2035
company, or corporation, except a corporation that was granted a	2036
charter prior to August 7, 1943, to engage in providing	2037
architectural services or that was otherwise lawfully providing	2038
architectural services prior to November 15, 1982, shall provide	2039
architectural services, hold itself out to the public as providing	2040
architectural services, or use a name including the word	2041
"architect" or any modification or derivation of the word, unless	2042
the firm, partnership, association, limited liability company, or	2043
corporation files all information required to be filed under this	2044
section with the state board of examiners of architects and	2045
otherwise complies with all requirements of sections 4703.01 to	2046
4703.19 of the Revised Code. A nonprofit membership corporation	2047
may use a name including the word "architect" or any modification	2048
or derivation of the word without complying with this section.	2049

(I) A corporation may be organized under Chapter 1701. of the	2050
Revised Code, a professional association may be organized under	2051
Chapter 1785. of the Revised Code, or a limited liability company	2052
may be formed under Chapter 1705. of the Revised Code for the	2053
purpose of providing professional engineering, surveying,	2054
architectural, or landscape architectural services, or any	2055
combination of those services. A corporation organized under	2056
Chapter 1701. of the Revised Code for the purpose of providing	2057
those services also may be organized for any other purpose in	2058
accordance with that chapter.	2059

(J) No firm, partnership, association, limited liability	2060
company, or corporation shall provide or offer to provide	2061
architectural services in this state unless more than fifty per	2062
cent of the partners, members, or shareholders, more than fifty	2063
per cent of the directors in the case of a corporation or	2064
professional association, and more than fifty per cent of the	2065
managers in the case of a limited liability company the management	2066
of which is not reserved to its members, are professional	2067
engineers, surveyors, architects, or landscape architects or a	2068
combination of those professions, who are registered in this state	2069
and who own more than fifty per cent of the interests in the firm,	2070
partnership, association, limited liability company, or	2071
corporation; unless the requirements of this division and of	2072
section 1785.02 of the Revised Code are satisfied with respect to	2073
any professional association organized under Chapter 1785. of the	2074
Revised Code; or unless the requirements of this division and of	2075
Chapter 1705. of the Revised Code are satisfied with respect to a	2076
limited liability company formed under that chapter.	2077

(K) Each firm, partnership, association, limited liability	2078
company, or corporation through which architectural services are	2079
offered or provided in this state shall designate one or more	2080
partners, managers, members, officers, or directors as being in	2081
responsible charge of the professional architectural activities	2082
and decisions, and those designated persons shall be registered in	2083
this state. In the case of a corporation holding a certificate of	2084
authorization provided for in division (L) of this section, at	2085
least one of the persons so designated shall be a director of the	2086
corporation. Each firm, partnership, association, limited	2087
liability company, or corporation of that type shall annually file	2088
with the state board of examiners of architects the name and	2089
address of each partner, manager, officer, director, member, or	2090
shareholder, and each firm, partnership, association, limited	2091
liability company, or corporation of that type shall annually file	2092
with the board the name and address of all persons designated as	2093
being in responsible charge of the professional architectural	2094
activities and decisions and any other information the board may	2095
require. If there is a change in any such person in the interval	2096
between filings, the change shall be filed with the board in the	2097
manner and within the time that the board determines.	2098

(L) No corporation organized under Chapter 1701. of the	2099
Revised Code shall engage in providing architectural services in	2100
this state without obtaining a certificate of authorization from	2101
the state board of examiners of architects. A corporation desiring	2102
a certificate of authorization shall file with the board a copy of	2103
its articles of incorporation and a listing on the form that the	2104
board directs of the names and addresses of all officers,	2105
directors, and shareholders of the corporation, the names and	2106
addresses of any individuals providing professional services on	2107
behalf of the corporation who are registered to practice	2108
architecture in this state, and any other information the board	2109
requires. If all requirements of sections 4703.01 to 4703.19 of	2110
the Revised Code are met, the board may issue a certificate of	2111
authorization to the corporation. No certificate of authorization	2112
shall be issued unless persons owning more than fifty per cent of	2113
the corporation's shares and more than fifty per cent of the	2114
interests in the corporation are professional engineers,	2115
surveyors, architects, or landscape architects, or a combination	2116
of those professions, who are registered in this state. Any	2117
corporation that holds a certificate of authorization under this	2118
section and otherwise meets the requirements of sections 4703.01	2119
to 4703.19 of the Revised Code may be organized for any purposes	2120
for which corporations may be organized under Chapter 1701. of the	2121
Revised Code and shall not be limited to the purposes of providing	2122
professional engineering, surveying, architectural, or landscape	2123
architectural services or any combination of those professions.	2124
The board, by rules adopted in accordance with Chapter 119. of the	2125
Revised Code, may require any firm, partnership, association, or	2126
limited liability company not organized under Chapter 1701. of the	2127
Revised Code that provides architectural services to obtain a	2128
certificate of authorization. If the board so requires, no firm,	2129
partnership, association, or limited liability company shall	2130
engage in providing architectural services without obtaining the	2131
certificate and complying with the rules.	2132

(M) This section does not modify any law applicable to the	2133
relationship between a person furnishing a professional service	2134
and a person receiving that service, including liability arising	2135
out of that service.	2136

(N) Nothing in this section shall restrictrestricts or limit	2137
limits in any manner the authority or duty of the state board of	2138
examiners of architects with respect to natural persons providing	2139
professional services or any law or rule pertaining to standards	2140
of professional conduct.	2141

Sec. 4733.18.  (A) The state board of registration for	2142
professional engineers and surveyors may authorize a temporary	2143
registration in the case offor an individual who has filed with	2144
the board an application for a temporary registration and has paid	2145
the required fee. The temporary registration continues only for	2146
the time the board requires for consideration of the application	2147
for registration, provided a person is legally qualified to	2148
practice that profession in the person's own state in which the	2149
requirements and qualifications of registration are not lower than	2150
those specified in this chapter.	2151

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

2152

(a) An employee or a subordinate of a person registered under	2153
this chapter or an employee of a person holding temporary	2154
registration under division (A) of this section, provided the	2155
employee's or subordinate's duties do not include responsible	2156
charge of engineering or surveying work;	2157

(b) Officers and employees of the government of the United	2158
States while engaged within this state in the practice of	2159
engineering or surveying, for that government;	2160

(c) An engineer engaged solely as an officer of a privately	2161
owned public utility.	2162

(2) This chapter does not require registration for the	2163
purpose of practicing professional engineering, or professional	2164
surveying by an individual, firm, or corporation on property owned	2165
or leased by that individual, firm, or corporation unless the same	2166
involves the public welfare or the safeguarding of life, health,	2167
or property, or for the performance of engineering or surveying	2168
which relates solely to the design or fabrication of manufactured	2169
products.	2170

(C) Nothing in this chapter prevents persons other than	2171
engineers from preparing plans, drawings, specifications, or data,	2172
from filing applications for building permits, or from obtaining	2173
those permits for residential buildings or structures that are	2174
exempted from the requirements of sections 3781.06 to 3781.18 and	2175
3791.04 of the Revised Code, that are subject to the requirements	2176
of, as defined by section 3781.1813781.06 of the Revised Code, or	2177
buildings that are erected as one-, two-, or three-family units or	2178
structures within the meaning of the term "industrialized unit" as	2179
provided in section 3781.06 of the Revised Code.	2180

(D) Nothing in this chapter prevents persons other than	2181
engineers from preparing drawings or data, from filing	2182
applications for building permits, or from obtaining those permits	2183
for the installation of replacement equipment or systems that are	2184
similar in type or capacity to the equipment or systems being	2185
replaced, and for any improvement, alteration, repair, painting,	2186
decorating, or other modification of any buildings or structures	2187
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	2188
Code where the building official determines that no plans or	2189
specifications are required for approval.	2190

Sec. 4740.01.  As used in this chapter:

2191

(A) "License" means a license the Ohio construction industry	2192
licensing board issues to an individual as a heating, ventilating,	2193
and air conditioning contractor, refrigeration contractor,	2194
electrical contractor, plumbing contractor, or hydronics	2195
contractor.	2196

(B) "Contractor" means any individual or business entity that	2197
satisfies both of the following:	2198

(1) For compensation, directs, supervises, or has	2199
responsibility for the means, method, and manner of construction,	2200
improvement, renovation, repair, testing, or maintenance on a	2201
construction project with respect to one or more trades and who	2202
offers, identifies, advertises, or otherwise holds out or	2203
represents that the individual or business entity is permitted or	2204
qualified to perform, direct, supervise, or have responsibility	2205
for the means, method, and manner of construction, improvement,	2206
renovation, repair, or maintenance with respect to one or more	2207
trades on a construction project;	2208

(2) Performs or employs tradespersons who perform	2209
construction, improvement, renovation, repair, or maintenance on a	2210
construction project with respect to the contractor's trades.	2211

(C) "Licensed trade" means a trade performed by a heating,	2212
ventilating, and air conditioning contractor, a refrigeration	2213
contractor, an electrical contractor, a plumbing contractor, or a	2214
hydronics contractor.	2215

(D) "Tradesperson" means an individual who, for compensation,	2216
engages in construction, improvement, renovation, repair, or	2217
maintenance of buildings or structures without assuming	2218
responsibility for the means, method, or manner of that	2219
construction, improvement, renovation, repair, or maintenance.	2220

(E) "Construction project" means a construction project	2221
involving a building or structure subject to Chapter 3781. of the	2222
Revised Code and the rules adopted under that chapter, but not an	2223
industrialized unit or a residential building as defined in	2224
section 3781.06 of the Revised Code or a building or structure	2225
constructed pursuant to rules adopted under section 3781.181 or	2226
3781.21 of the Revised Code.	2227

Sec. 4740.14.  (A) There is hereby created within the	2228
department of commerce the residential construction advisory	2229
committee consisting of eight persons the director of commerce	2230
appoints. Of the advisory committee's members, three shall be	2231
general contractors who have recognized ability and experience in	2232
the construction of residential buildings, two shall be building	2233
officials who have experience administering and enforcing a	2234
residential building code, one, chosen from a list of three names	2235
the Ohio fire chief's association submits, shall be from the fire	2236
service certified as a fire safety inspector who has at least ten	2237
years of experience enforcing fire or building codes, one shall be	2238
a residential contractor who has recognized ability and experience	2239
in the remodeling and construction of residential buildings, and	2240
one shall be an architect registered pursuant to Chapter 4703. of	2241
the Revised Code, with recognized ability and experience in the	2242
architecture of residential buildings.	2243

(B) The director shall make appointments to the advisory	2244
committee within ninety days after the effective date of this	2245
section. Terms of office shall be for three years, with each term	2246
ending on the date three years after the date of appointment. Each	2247
member shall hold office from the date of appointment until the	2248
end of the term for which the member was appointed. The director	2249
shall fill a vacancy in the manner provided for initial	2250
appointments. Any member appointed to fill a vacancy in an	2251
unexpired term shall hold office for the remainder of that term.	2252

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

2253

(1) Recommend to the board of building standards a building	2254
code for residential buildings. The committee shall recommend a	2255
code that it models on a residential building code a national	2256
model code organization issues, with adaptations necessary to	2257
implement the code in this state. If the board of building	2258
standards decides not to adopt a code the committee recommends,	2259
the committee shall revise the code and resubmit it until the	2260
board adopts a code the committee recommends as the state	2261
residential building code;	2262

(2) Advise the board regarding the establishment of standards	2263
for certification of building officials who enforce the state	2264
residential building code;	2265

(3) Assist the board in providing information and guidance to	2266
residential contractors and building officials who enforce the	2267
state residential building code;	2268

(4) Advise the board regarding the interpretation of the	2269
state residential building code;	2270

(5) Provide other assistance the committee considers	2271
necessary.	2272

(D) In making its recommendation to the board pursuant to	2273
division (C)(1) of this section, the advisory committee shall	2274
consider all of the following:	2275

(1) The impact that the state residential building code may	2276
have upon the health, safety, and welfare of the public;	2277

(2) The economic reasonableness of the residential building	2278
code;	2279

(3) The technical feasibility of the residential building	2280
code;	2281

(4) The financial impact that the residential building code	2282
may have on the public's ability to purchase affordable housing.	2283

(E) Members of the advisory committee shall receive no salary	2284
for the performance of their duties as members, but shall receive	2285
their actual and necessary expenses incurred in the performance of	2286
their duties as members of the advisory committee and shall	2287
receive a per diem for each day in attendance at an official	2288
meeting of the committee.	2289

(F) The advisory committee is not subject to divisions (A)	2290
and (B) of section 101.84 of the Revised Code.	2291

Sec. 4929.03.  Except as otherwise provided in section	2292
4929.04 of the Revised Code, only the commodity sales services,	2293
distribution services, and ancillary services of a natural gas	2294
company are subject to the jurisdiction of the public utilities	2295
commission. Chapter 4905. with the exception of section 4905.10,	2296
Chapter 4909., Chapter 4935. with the exception of sections	2297
4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11,	2298
4933.123, 4933.17, 4933.28, 4933.31, and 4933.32 of the Revised	2299
Code do not apply to any other service or goods provided by a	2300
natural gas company. Nothing in this chapter prevents the	2301
commission from exercising its authority under Title XLIX of the	2302
Revised Code to protect customers of nonexempt, regulated services	2303
or goods from any adverse effects of the provision of unregulated	2304
services or goods. Nothing in this chapter affects the authority	2305
of the commission to enforce sections 4905.90 to 4905.96 of the	2306
Revised Code.	2307

Sec. 4929.04.  (A) The public utilities commission, upon the	2308
application of a natural gas company, after notice, after	2309
affording the public a period for comment, and in the case of a	2310
natural gas company with fifteen thousand or more customers after	2311
a hearing and in the case of a natural gas company with fewer than	2312
fifteen thousand customers after a hearing if the commission	2313
considers a hearing necessary, shall exempt, by order, any	2314
commodity sales service or ancillary service of the natural gas	2315
company from all provisions of Chapter 4905. with the exception of	2316
section 4905.10, Chapter 4909., and Chapter 4935. with the	2317
exception of sections 4935.01 and 4935.03 of the Revised Code,	2318
from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17,	2319
4933.28, 4933.31, and 4933.32 of the Revised Code, and from any	2320
rule or order issued under those Chapters or sections, including	2321
the obligation under section 4905.22 of the Revised Code to	2322
provide the commodity sales service or ancillary service, subject	2323
to divisions (E)(D) and (F)(E) of this section, and provided the	2324
commission finds that the natural gas company is in substantial	2325
compliance with the policy of this state specified in section	2326
4929.02 of the Revised Code and that either of the following	2327
conditions exists:	2328

(1) The natural gas company is subject to effective	2329
competition with respect to the commodity sales service or	2330
ancillary service;	2331

(2) The customers of the commodity sales service or ancillary	2332
service have reasonably available alternatives.	2333

(B) In determining whether the conditions in division (A)(1)	2334
or (2) of this section exist, factors the commission shall	2335
consider include, but are not limited to:	2336

(1) The number and size of alternative providers of the	2337
commodity sales service or ancillary service;	2338

(2) The extent to which the commodity sales service or	2339
ancillary service is available from alternative providers in the	2340
relevant market;	2341

(3) The ability of alternative providers to make functionally	2342
equivalent or substitute services readily available at competitive	2343
prices, terms, and conditions;	2344

(4) Other indicators of market power, which may include	2345
market share, growth in market share, ease of entry, and the	2346
affiliation of providers of services.	2347

(C) The applicant shall have the burden of proof under this	2348
section.	2349

(D) No application may be filed under division (A) of this	2350
section prior to one hundred eighty days after the effective date	2351
of this section.	2352

(E) The commission shall not issue an order under division	2353
(A) of this section that exempts all of a natural gas company's	2354
commodity sales services from the chapters and sections specified	2355
in that division unless the commission finds that the company	2356
offers distribution services on a fully open, equal, and unbundled	2357
basis to all its customers and that all such customers reasonably	2358
may acquire commodity sales services from suppliers other than the	2359
natural gas company.	2360

(F)(E) An order exempting any or all of a natural gas	2361
company's commodity sales services or ancillary services under	2362
division (A) of this section shall prescribe both of the	2363
following:	2364

(1) A separation plan that ensures, to the maximum extent	2365
practicable, that the operations, resources, and employees	2366
involved in the provision or marketing of exempt commodity sales	2367
services or ancillary services, and the books and records	2368
associated with those services, shall be separate from the	2369
operations, resources, and employees involved in the provision or	2370
marketing of nonexempt commodity sales services or ancillary	2371
services and the books and records associated with those services;	2372

(2) A code of conduct that governs both the company's	2373
adherence to the state policy specified in section 4929.02 of the	2374
Revised Code and its sharing of information and resources between	2375
those employees involved in the provision or marketing of exempt	2376
commodity sales services or ancillary services and those employees	2377
involved in the provision or marketing of nonexempt commodity	2378
sales services or ancillary services.	2379

The commission, however, shall not prescribe, as part of any	2380
such separation plan or code of conduct, any requirement that	2381
unreasonably limits or restricts a company's ability to compete	2382
with unregulated providers of commodity sales services or	2383
ancillary services.	2384

(G)(F) Notwithstanding division (A)(2) of section 4929.08 of	2385
the Revised Code or any exemption granted under division (A) of	2386
this section, the commission has jurisdiction under section	2387
4905.26 of the Revised Code, upon complaint of any person or upon	2388
the complaint or initiative of the commission, to determine	2389
whether a natural gas company has failed to comply with a	2390
separation plan or code of conduct prescribed under division	2391
(F)(E) of this section. If, after notice and hearing as provided	2392
in section 4905.26 of the Revised Code, the commission is of the	2393
opinion that a natural gas company has failed to comply with such	2394
a plan or code, the commission may do any of the following:	2395

(1) Issue an order directing the company to comply with the	2396
plan or code;	2397

(2) Modify the plan or code, if the commission finds that	2398
such a modification is reasonable and appropriate, and order the	2399
company to comply with the plan or code as modified;	2400

(3) Abrogate the order granting the company's exemption under	2401
division (A) of this section, if the commission finds that the	2402
company has engaged in one or more material violations of the plan	2403
or code, that the violation or violations were intentional, and	2404
that the abrogation is in the public interest.	2405

(H)(G) An order issued under division (G)(F) of this section	2406
is enforceable in the manner set forth in section 4905.60 of the	2407
Revised Code. Any violation of such an order shall be deemed a	2408
violation of a commission order for the purpose of section 4905.54	2409
of the Revised Code.	2410

Sec. 4929.09.  In accordance with the commission's order	2411
prescribing a separation plan under division (F)(E) of section	2412
4929.04 of the Revised Code, a natural gas company granted an	2413
exemption under section 4929.04 of the Revised Code for a	2414
commodity sales service or ancillary service may designate the	2415
natural gas supplies that have been obtained to provide that	2416
exempt service. Nothing in this section prevents the public	2417
utilities commission from exercising its autnorityauthority under	2418
section 4905.302 of the Revised Code, provided, however, that the	2419
designation of the supplies for the exempt service and the cost of	2420
the designated supplies shall not be considered in the	2421
determination of rates and charges for the company's nonexempt	2422
services, including rates and charges determined pursuant to	2423
section 4905.302 of the Revised Code.	2424

Section 2. That existing sections 307.37, 307.38, 307.381,	2425
307.40, 505.73, 505.75, 505.76, 505.77, 505.78, 3703.01, 3722.02,	2426
3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102,	2427
3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04,	2428
3791.042, 3791.99, 4703.18, 4733.18, 4740.01, 4929.03, 4929.04,	2429
and 4929.09 and sections        Sec. 3781.181. ,        Sec. 3781.182. ,        Sec. 3781.21. , and        Sec. 4933.31.	2430
of the Revised Code are hereby repealed.	2431

Section 3. (A) The Residential Construction Advisory	2432
Committee shall recommend to the Board of Building Standards a	2433
building code for residential buildings. The Committee shall	2434
recommend a code that is modeled after a residential building code	2435
a national model code organization issues, with adaptations	2436
necessary to implement the code in this state. The Committee shall	2437
recommend a code that does not address zoning, statutory	2438
requirements concerning the percentage of contracts that shall be	2439
awarded to any specifically identified type of disadvantaged	2440
contractors, or architectural preferences that are not integral to	2441
the safety of residential buildings. If the Board of Building	2442
Standards does not approve a code the Committee recommends, the	2443
Committee shall revise the code and resubmit it until the Board	2444
agrees to adopt a recommended code as the state residential	2445
building code. Upon receiving an acceptable residential building	2446
code from the Residential Construction Advisory Committee, the	2447
Board shall adopt rules establishing that code as the state	2448
residential building code.	2449

(B) The Committee and the Board shall agree to a code on or	2450
before one hundred twenty days after the effective date of this	2451
section and the Board shall adopt rules establishing that code as	2452
the state residential building code on or before one hundred	2453
eighty days after the effective date of this section.	2454

(C) The rules the Board adopts pursuant to division (B) of	2455
this section shall have no force or effect until one year after	2456
the effective date of this section.	2457

Section 4. Any building department that enforces a	2458
residential building code on or before the effective date of this	2459
section and that wishes to enforce the residential building code	2460
the Board of Building Standards adopts pursuant to this act may	2461
enforce the state residential building code the Board adopts	2462
without being certified under section 3781.10 of the Revised Code	2463
for not more than one year after that code becomes effective.	2464
Thereafter, only a building department certified to enforce the	2465
residential building code pursuant to section 3781.10 of the	2466
Revised Code may enforce that code.	2467

Section 5. In enacting the legislation, the intent of the	2468
General Assembly is that the provisions of this act are general	2469
laws created in the exercise of the state's police power, arising	2470
out of matters of statewide concern, and are designed for the	2471
health, safety, and welfare of contractors, their employees, and	2472
the public.	2473