To amend sections 3703.01, 3703.08, and 3781.03 of the Revised Code to permit the board of health of a health district to enter into a contract with a board of county commissioners to authorize the county building department to inspect plumbing in any type of building for which the county department is certified, to permit the board of health of a health district to enter into a contract with the board of health of another health district for the inspection of plumbing within the first board's district, to require the Treasurer of State to liquidate the Tobacco Use Prevention and Control Foundation Endowment Fund in a prudent manner, to create the Jobs Fund, and to declare an emergency.
SECTION 1. That sections 3703.01, 3703.08, and 3781.03 of the Revised Code be amended to read as follows:
Sec. 3703.01. (A) The Except as otherwise provided in this
section, the division of industrial compliance in the
department
of commerce shall do all of the following:
(1) Inspect all nonresidential buildings within the meaning of section 3781.06 of the Revised Code;
(2) Condemn all unsanitary or defective plumbing that is found in connection with those places;
(3) Order changes in plumbing necessary to insure the safety of the public health.
(B)(1)(a) The division of industrial compliance and,
boards
of health of
city and general
health districts, and county
building departments shall not inspect plumbing or
collect fees
for
inspecting plumbing in particular types of
buildings in any
municipal corporation that has been is certified by
the board
of
building standards under section 3781.10 of the
Revised Code to
exercise enforcement authority for plumbing in
such those types of
buildings.
(2)(b) The division shall not inspect plumbing or collect
fees
for
inspecting plumbing in particular types of buildings in
any
health
district that has employed employs one or more approved
plumbing
inspectors certified pursuant to division (D) of this
section to enforce Chapters 3781. and 3791. of the Revised
Code
and the
rules adopted pursuant to those chapters relating to
plumbing in such those types of buildings.
(3) A (c) The division shall not inspect plumbing or collect
fees for inspecting plumbing in particular types of buildings in
any health district where the county building department is
authorized to inspect those types of buildings pursuant to a
contract described in division (C)(1) of this section.
(d) The division shall not inspect plumbing or collect fees for inspecting plumbing in particular types of buildings in any health district where the board of health has entered into a contract with the board of health of another district to conduct inspections pursuant to division (C)(2) of this section.
(2) No county building department shall inspect plumbing or collect fees for inspecting plumbing in any type of building in a health district unless the department is authorized to inspect that type of building pursuant to a contract described in division (C)(1) of this section.
(3) No municipal corporation does not have jurisdiction to
shall
inspect
plumbing or collect fees for the inspection of
inspecting plumbing
in types
of buildings for which it has is not
been certified by the
board of
building standards under section
3781.10 of the Revised
Code to
exercise enforcement authority.
(4) A No board of health of a health district does not
have
jurisdiction to shall inspect plumbing or collect fees for the
inspection of inspecting plumbing in types of buildings for which
it does
not
have an approved a plumbing inspector certified
pursuant to division (D) of this section.
(C)(1) The board of health of a health district may enter into a contract with a board of county commissioners to authorize the county building department to inspect plumbing in buildings within the health district. The contract may designate that the department inspect either residential or nonresidential buildings, as those terms are defined in section 3781.06 of the Revised Code, or both types of buildings, so long as the department employs a plumbing inspector certified pursuant to division (D) of this section to inspect the types of buildings the contract designates. The board of health may enter into a contract regardless of whether the health district employs any certified plumbing inspectors to enforce Chapters 3781. and 3791. of the Revised Code.
(2) The board of health of a health district, regardless of whether it employs any certified plumbing inspectors to enforce Chapters 3781. and 3791. of the Revised Code, may enter into a contract with the board of health of another health district to authorize that board to inspect plumbing in buildings within the contracting board's district. The contract may designate the inspection of either residential or nonresidential buildings as defined in section 3781.06 of the Revised Code, or both types of buildings, so long as the board that performs the inspections employs a plumbing inspector certified pursuant to division (D) of this section to inspect the types of buildings the contract designates.
(D) The superintendent of industrial compliance
shall adopt
rules
prescribing minimum qualifications based on education,
training,
experience, or demonstrated ability, which that the
superintendent
shall use
in certifying or recertifying plumbing
inspectors to do plumbing
inspections for
health districts and
county building departments that are authorized to perform
inspections pursuant to a contract under division (C)(1) of this
section, and for continuing education of plumbing inspectors. Such
Those minimum qualifications
shall be related to
the types of
buildings for which a person
seeks approval certification.
(D)(E) The superintendent may enter into reciprocal
registration, licensure, or certification agreements with other
states and other agencies of this state relative to plumbing
inspectors if both of the following apply:
(1) The requirements for registration, licensure, or
certification of plumbing inspectors under the laws of the other
state or laws administered by the other agency are substantially
equal to the requirements the superintendent adopts under division
(C)(D) of this section for certifying plumbing inspectors.
(2) The other state or agency extends similar reciprocity to persons certified under this chapter.
(E)(F) The superintendent may select and contract with one or
more persons to do all of the following regarding examinations for
certification of plumbing inspectors:
(1) Prepare, administer, score, and maintain the confidentiality of the examination;
(2) Maintain responsibility for all expenses required to
comply with division (E)(F)(1) of this section;
(3) Charge each applicant a fee for administering the examination in an amount the superintendent authorizes;
(4) Design the examination for certification of plumbing inspectors to determine an applicant's competence to inspect plumbing.
(F)(G) Standards and methods prescribed in local plumbing
regulations shall not be less than those prescribed in Chapters
3781. and 3791. of the Revised Code and the rules adopted
pursuant
to those chapters.
(G)(H) Notwithstanding any other provision of this section,
the
division shall make a plumbing inspection of any
building or
other
place that there is reason to believe is in
a condition to
be a menace to the public health.
Sec. 3703.08. Any owner, agent, or manager, of a building in
which an
inspection is made by the division of
industrial
compliance, a board of health of a health district, or a certified
department of building inspection of a municipal corporation or a
county shall
have the entire system of drainage and ventilation
repaired, as the
division, board of health, or
department of
building inspection directs by its order. After due
notice to
repair such that work is given, the
owner, agent, or manager shall
notify the public
authority that issued the order when the work is
ready
for its inspection. No person shall fail to have the work
ready for
inspection at the time specified in the notice.
Sec. 3781.03. (A) The fire marshal or, the fire chief of a
municipal
corporation that has a fire department, or the fire
chief of
a township that has a fire department shall enforce the
provisions of
Chapters 3781. this chapter and Chapter 3791. of the
Revised Code that relate to fire
prevention.
(B) The superintendent of the division of industrial
compliance, or
the building
inspector, or commissioner of
buildings in a municipal
corporation, county, or township in which
the
building department is certified by the
board of building
standards
under section 3781.10 of the Revised
Code shall enforce
in the jurisdiction of each entity all the
provisions in
those
chapters this chapter and Chapter 3791. of the Revised Code and
any rules adopted pursuant
to those chapters that relate to the
construction, arrangement, and erection of
all
buildings or parts
of buildings, as defined in section 3781.06 of
the
Revised Code,
including the sanitary condition of those buildings in
relation to
heating and ventilation.
(C) The division of industrial compliance in the department
of
commerce,
the boards of health of
health
districts, and the
certified departments of building inspection of
municipal
corporations, and county building departments that have authority
to perform inspections pursuant to a contract under division
(C)(1) of section 3703.01 of the Revised Code, subject to
Chapter
3703. of the Revised Code, shall enforce Chapters 3781. this
chapter
and Chapter 3791. of the Revised Code and the rules
adopted pursuant to those chapters that relate
to plumbing.
Building drains are considered plumbing for the purposes of
enforcement of those chapters.
(D)(1) In accordance with Chapter 3703. of the Revised Code, the department of the city engineer, in cities having such departments, the boards of health of health districts, or the sewer purveyor, as appropriate, shall have complete authority to supervise and regulate the entire sewerage and drainage system in the jurisdiction in which it is exercising the authority described in this division, including the building sewer and all laterals draining into the street sewers.
(2) In accordance with Chapter 3703. of the Revised Code, the department of the city engineer, the boards of health of health districts, or the sewer purveyor, as appropriate, shall control and supervise the installation and construction of all drains and sewers that become a part of the sewerage system and shall issue all the necessary permits and licenses for the construction and installation of all building sewers and of all other lateral drains that empty into the main sewers. The department of the city engineer, the boards of health of health districts, and the sewer purveyor, as appropriate, shall keep a permanent record of the installation and location of every drain and sewer of the drainage and sewerage system of the jurisdiction in which it has exercised the authority described in this division.
(E) This section does not exempt any officer or department
from
the obligation to enforce Chapters 3781. this chapter and
Chapter 3791.
of the
Revised
Code.
SECTION 2. That existing sections 3703.01, 3703.08, and 3781.03 of the Revised Code are hereby repealed.
SECTION 3. Notwithstanding any provision of law to the contrary, on the effective date of this section, the Treasurer of State shall liquidate the Tobacco Use Prevention and Control Foundation Endowment Fund created by section 183.08 of the Revised Code in a prudent manner. The first $40 million in proceeds from liquidation shall be held in the custody of the Treasurer of State, but shall not be part of the state treasury. Those moneys shall be made available to the Tobacco Use Prevention and Control Foundation for the sole purpose of paying contractual or other legally binding obligations that were entered into by the Foundation on or before the effective date of this section. The Treasurer of State shall deposit the remaining proceeds from liquidation into the state treasury to the credit of the Jobs Fund (Fund 5Z30), which is hereby created.
SECTION 4. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to promote public health and safety by increasing the efficiency of plumbing inspection procedures under county government as well as to minimize the impact of current economic stresses by using state funds in a prudent manner to increase employment and job security. Therefore, this act shall go into immediate effect.