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To amend sections 1345.01, 4740.04, and 4740.14 and | 1 |
to enact sections 1312.20, 4722.01 to 4722.14, | 2 |
and 4722.99 of the Revised Code to establish | 3 |
laws governing the practices of home improvement | 4 |
contractors and new residential construction | 5 |
contractors and to provide civil remedies for | 6 |
owners who are damaged by a contractor who | 7 |
violates the law. | 8 |
Section 1. That sections 1345.01, 4740.04, and 4740.14 be | 9 |
amended and sections 1312.20, 4722.01, 4722.02, 4722.03, 4722.04, | 10 |
4722.05, 4722.06, 4722.07, 4722.08, 4722.09, 4722.10, 4722.11, | 11 |
4722.12, 4722.13, 4722.14, and 4722.99 of the Revised Code be | 12 |
enacted to read as follows: | 13 |
Sec. 1312.20. (A) An express warranty that a residential | 14 |
contractor offers to an owner complies with this division if that | 15 |
warranty is in writing and includes all of the following: | 16 |
(1) The name and address of the residential contractor and | 17 |
any other person who is obligated to the owner under the warranty; | 18 |
(2) The name and address of the owner to whom the warranty is | 19 |
extended; | 20 |
(3) The period of time for which the warranty remains | 21 |
effective, which shall not be less than ten years for claims | 22 |
related to structural integrity, including, but not limited to, | 23 |
the foundation, roof, and basic core structure of the residence, | 24 |
or less than two years for all other claims; | 25 |
(4) A description of the portions of the warranty that | 26 |
extends to a subsequent owner and the terms under which any | 27 |
extension is effective; however, any warranty must be fully | 28 |
transferable during the first two years of the existence of the | 29 |
structure; | 30 |
(5) The clear and conspicuous identification of any part or | 31 |
portion of the home or premises that is excepted or excluded from | 32 |
warranty coverage; | 33 |
(6) An agreement to complete any construction covered by the | 34 |
warranty in a reasonably efficient time, in a workerlike manner, | 35 |
and in accordance with the state residential building code adopted | 36 |
pursuant to Chapter 3781. of the Revised Code; | 37 |
(7) Notice of the residential contractor's right under | 38 |
section 1312.03 of the Revised Code to offer to resolve any | 39 |
alleged construction defect before the owner may commence a | 40 |
dwelling action or arbitration proceeding against the residential | 41 |
contractor; | 42 |
(8) A condition that any warranty dispute have its first | 43 |
hearing under a neutral, nonbinding dispute resolution procedure | 44 |
provided by any of the following: | 45 |
(a) A local home builders trade association; | 46 |
(b) The local better business bureau; | 47 |
(c) A local court program; | 48 |
(d) Any other mediation or dispute resolution procedure | 49 |
agreed to by the parties. | 50 |
(9) A provision that the owner and contractor will equally | 51 |
share in the cost of any dispute resolution procedure; | 52 |
(10) Notice that the warranty is backed by either a separate | 53 |
policy of insurance or a performance bond in an amount equal to or | 54 |
greater than the contract price. Any warranty that otherwise | 55 |
complies with this section is required to be backed by either a | 56 |
separate policy of insurance or a performance bond in an amount | 57 |
equal to or greater than the contract price. | 58 |
(11) Any other term or condition that does not conflict with | 59 |
the Revised Code. | 60 |
No words in the contract of sale or the deed nor merger of | 61 |
the contract of sale into the deed shall exclude or modify any | 62 |
aspect of an express warranty made pursuant to this division. | 63 |
(B) Except for actions based on a claim arising from a | 64 |
knowing misrepresentation of a material term or condition of the | 65 |
contract, goods, or services, no person may bring an action | 66 |
against a residential contractor under sections 1345.01 to | 67 |
1345.13 of the Revised Code based on the construction of a | 68 |
residential building if the contractor provided an express | 69 |
warranty that complies with division (A) of this section. | 70 |
(C)(1) No owner may bring a civil action for property damage, | 71 |
breach of contract, or other similar claims alleging a | 72 |
construction defect against a residential contractor who provides | 73 |
an express warranty that complies with division (A) of this | 74 |
section unless that owner first submits the complaint to the | 75 |
dispute resolution procedure the residential construction advisory | 76 |
committee establishes pursuant to section 4740.14 of the Revised | 77 |
Code. All applicable statutes of limitation or repose are tolled | 78 |
for the period of time the owner is engaged in the dispute | 79 |
resolution procedure described in this division. | 80 |
(2) Notwithstanding division (C)(1) of this section, an | 81 |
action based on an intentional act or gross negligence in the | 82 |
construction of a residential building or for personal injuries | 83 |
directly and proximately caused by the negligence or breach of | 84 |
contract of a residential contractor are not subject to this | 85 |
section and shall not be submitted to the dispute resolution | 86 |
procedure the residential construction advisory committee | 87 |
established pursuant to section 4740.14 of the Revised Code. | 88 |
(D) No owner may bring a claim based on a breach of warranty | 89 |
against a residential contractor more than ten years after the | 90 |
owner discovers a construction defect if the contractor provides | 91 |
an express warranty that complies with division (A) of this | 92 |
section. | 93 |
(E) In any action for property damages, whether based in tort | 94 |
or contract, brought against a residential contractor who offers | 95 |
an express warranty that complies with division (A) of this | 96 |
section for the construction of a residential building, each of | 97 |
the following apply: | 98 |
(1) An owner may allege that the contractor failed to | 99 |
perform in a workerlike manner or that a contractor failed to | 100 |
substantially comply with an applicable local building code or | 101 |
the state residential building code. | 102 |
(2) The burden of proof is on the owner to show that a | 103 |
residential contractor did not perform in a workerlike manner or | 104 |
failed to comply with a building code. | 105 |
(F) The exclusive remedy for a breach of contract or a breach | 106 |
of warranty by a residential contractor who provides an express | 107 |
warranty that complies with division (A) of this section is | 108 |
payment of the amount of actual or consequential damages caused | 109 |
by the breach. | 110 |
(G) Damages for emotional distress are not available against | 111 |
a residential contractor who provides an express warranty that | 112 |
complies with division (A) of this section unless the emotional | 113 |
distress is associated with an actual physical injury. | 114 |
(H) As used in this section, "workerlike manner" means that a | 115 |
contractor performs the residential construction as a skilled | 116 |
worker would do, using ordinary care and skill working in a | 117 |
reasonably efficient manner, consistent with the residential | 118 |
building standards the residential construction advisory board | 119 |
establishes pursuant to section 4740.14 of the Revised Code. | 120 |
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the | 121 |
Revised Code: | 122 |
(A)(1) "Consumer transaction" means a sale, lease, | 123 |
assignment, award by chance, or other transfer of an item of | 124 |
goods, a service, a franchise, or an intangible, to an individual | 125 |
for purposes that are primarily personal, family, or household, | 126 |
or solicitation to
supply any of these things. | 127 |
(2) "Consumer transaction" does not include any of the | 128 |
following transactions: | 129 |
(a) Transactions between persons, defined in sections 4905.03 | 130 |
and 5725.01 of the Revised Code, and their customers, except for | 131 |
transactions in connection with residential mortgages between loan | 132 |
officers, mortgage brokers, or nonbank mortgage lenders and their | 133 |
customers; | 134 |
(b) Transactions between certified public accountants or | 135 |
public accountants and their clients; | 136 |
(c) Transactions between attorneys, physicians, or dentists | 137 |
and their clients or
patients; | 138 |
(d) Transactions between veterinarians and their patients | 139 |
that pertain to medical treatment but not ancillary services; | 140 |
(e) Except as otherwise indicated in division (A)(3) of this | 141 |
section, transactions between owners and any of the following: | 142 |
(i) Home improvement contractors licensed pursuant to section | 143 |
4722.02 of the Revised Code; | 144 |
(ii) Home improvement contractors who are not licensed | 145 |
pursuant to section 4722.02 of the Revised Code and who fulfill | 146 |
the criteria described in division (E) of section 4722.08 of the | 147 |
Revised Code; | 148 |
(iii) New residential construction contractors who fulfill | 149 |
the criteria described in division (E) of section 1312.06 of the | 150 |
Revised Code; | 151 |
(iv) New residential construction contractors who fulfill | 152 |
the criteria described in division (B) of section 1312.20 of the | 153 |
Revised Code; | 154 |
(v) New residential construction contractors who provide an | 155 |
express warranty pursuant to the criteria described in division | 156 |
(B) of section 1312.20 of the Revised Code; | 157 |
(vi) Home improvement contractors who provide home | 158 |
improvement goods or services valued at less than one thousand | 159 |
dollars, except that if through changes, modifications, or | 160 |
additions, the value of the home improvement goods or services | 161 |
exceeds one thousand dollars, the transaction shall be a consumer | 162 |
transaction under this section and all of the provisions of | 163 |
sections 1345.01 to 1345.13 of the Revised Code shall apply except | 164 |
for any provisions requiring or relating to written contracts. | 165 |
(3) A transaction described in division (A)(2)(e) of this | 166 |
section shall be considered a consumer transaction under division | 167 |
(A)(1) of this section if the transaction is the basis of a claim | 168 |
for fraud or misrepresentation and the fraud or misrepresentation | 169 |
induces an owner to enter into a contract under this chapter. | 170 |
(4) For purposes of division (A)(2) of this section, "owner," | 171 |
"home improvement contractor," and "new residential construction | 172 |
contractor" have the same meanings as in section 4722.01 of the | 173 |
Revised Code. | 174 |
(B) "Person" includes an individual, corporation, government, | 175 |
governmental subdivision or agency, business trust, estate, trust, | 176 |
partnership, association, cooperative, or other legal entity. | 177 |
(C) "Supplier" means a seller, lessor, assignor, franchisor, | 178 |
or other person engaged in the business of effecting or soliciting | 179 |
consumer transactions, whether or not the person deals directly | 180 |
with the consumer. If the consumer transaction is in connection | 181 |
with a residential mortgage, "supplier" does not include an | 182 |
assignee or purchaser of the loan for value, except as otherwise | 183 |
provided in section 1345.091 of the Revised Code. For purposes of | 184 |
this division, in a consumer transaction in connection with a | 185 |
residential mortgage, "seller" means a loan officer, mortgage | 186 |
broker, or nonbank mortgage lender. | 187 |
(D) "Consumer" means a person who engages in a consumer | 188 |
transaction with a supplier. | 189 |
(E) "Knowledge" means actual awareness, but such actual | 190 |
awareness may be inferred where objective manifestations indicate | 191 |
that the individual involved acted with such awareness. | 192 |
(F) "Natural gas service" means the sale of natural gas, | 193 |
exclusive of any distribution or ancillary service. | 194 |
(G) "Public telecommunications service" means the | 195 |
transmission by electromagnetic or other means, other than by a | 196 |
telephone company as defined in section 4927.01 of the Revised | 197 |
Code, of signs, signals, writings, images, sounds, messages, or | 198 |
data originating in this state regardless of actual call routing. | 199 |
"Public telecommunications service" excludes a system, including | 200 |
its construction, maintenance, or operation, for the provision of | 201 |
telecommunications service, or any portion of such service, by any | 202 |
entity for the sole and exclusive use of that entity, its parent, | 203 |
a subsidiary, or an affiliated entity, and not for resale, | 204 |
directly or indirectly; the provision of terminal equipment used | 205 |
to originate telecommunications service; broadcast transmission by | 206 |
radio, television, or satellite broadcast stations regulated by | 207 |
the federal government; or cable television service. | 208 |
(H) "Loan officer" has the same meaning as in section 1322.01 | 209 |
of the Revised Code, except that it does not include an employee | 210 |
of a bank, savings bank, savings and loan association, credit | 211 |
union, or credit union service organization organized under the | 212 |
laws of this state, another state, or the United States; an | 213 |
employee of a subsidiary of such a bank, savings bank, savings and | 214 |
loan association, or credit union; or an employee of an affiliate | 215 |
that (1) controls, is controlled by, or is under common control | 216 |
with, such a bank, savings bank, savings and loan association, or | 217 |
credit union and (2) is subject to examination, supervision, and | 218 |
regulation, including with respect to the affiliate's compliance | 219 |
with applicable consumer protection requirements, by the board of | 220 |
governors of the federal reserve system, the comptroller of the | 221 |
currency, the office of thrift supervision, the federal deposit | 222 |
insurance corporation, or the national credit union | 223 |
administration. | 224 |
(I) "Residential mortgage" or "mortgage" means an obligation | 225 |
to pay a sum of money evidenced by a note and secured by a lien | 226 |
upon real property located within this state containing two or | 227 |
fewer residential units or on which two or fewer residential units | 228 |
are to be constructed and includes such an obligation on a | 229 |
residential condominium or cooperative unit. | 230 |
(J) "Mortgage broker" has the same meaning as in section | 231 |
1322.01 of the Revised Code, except that it does not include a | 232 |
bank, savings bank, savings and loan association, credit union, or | 233 |
credit union service organization organized under the laws of this | 234 |
state, another state, or the United States; a subsidiary of such a | 235 |
bank, savings bank, savings and loan association, or credit union; | 236 |
an affiliate that (1) controls, is controlled by, or is under | 237 |
common control with, such a bank, savings bank, savings and loan | 238 |
association, or credit union and (2) is subject to examination, | 239 |
supervision, and regulation, including with respect to the | 240 |
affiliate's compliance with applicable consumer protection | 241 |
requirements, by the board of governors of the federal reserve | 242 |
system, the comptroller of the currency, the office of thrift | 243 |
supervision, the federal deposit insurance corporation, or the | 244 |
national credit union administration; or an employee of any such | 245 |
entity. | 246 |
(K) "Nonbank mortgage lender" means any person that engages | 247 |
in a consumer transaction in connection with a residential | 248 |
mortgage, except for a bank, savings bank, savings and loan | 249 |
association, credit union, or credit union service organization | 250 |
organized under the laws of this state, another state, or the | 251 |
United States; a subsidiary of such a bank, savings bank, savings | 252 |
and loan association, or credit union; or an affiliate that (1) | 253 |
controls, is controlled by, or is under common control with, such | 254 |
a bank, savings bank, savings and loan association, or credit | 255 |
union and (2) is subject to examination, supervision, and | 256 |
regulation, including with respect to the affiliate's compliance | 257 |
with applicable consumer protection requirements, by the board of | 258 |
governors of the federal reserve system, the comptroller of the | 259 |
currency, the office of thrift supervision, the federal deposit | 260 |
insurance corporation, or the national credit union | 261 |
administration. | 262 |
(L) For purposes of divisions (H), (J), and (K) of this | 263 |
section: | 264 |
(1) "Control" of another entity means ownership, control, or | 265 |
power to vote twenty-five per cent or more of the outstanding | 266 |
shares of any class of voting securities of the other entity, | 267 |
directly or indirectly or acting through one or more other | 268 |
persons. | 269 |
(2) "Credit union service organization" means a CUSO as | 270 |
defined in 12 C.F.R. 702.2. | 271 |
Sec. 4722.01. As used in this chapter: | 272 |
(A) "Construction defect" means a deficiency that arises | 273 |
directly or indirectly from a home improvement. | 274 |
(B) "Construction project" means any home improvement or new | 275 |
residential construction. | 276 |
(C) "Contractor" means any home improvement contractor or new | 277 |
residential construction contractor. | 278 |
(D) "Dwelling action" means any of the following actions, | 279 |
brought against a home improvement contractor, for damages or the | 280 |
loss of use of real property, caused by a construction defect: | 281 |
(1) A civil action in contract or tort for damages or | 282 |
indemnity; | 283 |
(2) Any action brought pursuant to Chapter 1345. of the | 284 |
Revised Code; | 285 |
(3) Any action brought pursuant to this chapter. | 286 |
(E) "Home improvement" means any repair, alteration, or | 287 |
addition to any residential building, industrialized unit, | 288 |
manufactured home, or mobile home, or to any dwelling unit in | 289 |
any type of structure. "Home improvement" does not include any | 290 |
of the following: | 291 |
(1) Construction of a new residential building, | 292 |
industrialized unit, or manufactured home; | 293 |
(2) Work performed on a structure that contains four or more | 294 |
dwelling units, except for work on an individual dwelling unit | 295 |
within that structure; | 296 |
(3) Work performed on the common area of a condominium | 297 |
property. | 298 |
(F) "Home improvement contractor" means any person who | 299 |
performs or offers to perform any home improvement for | 300 |
compensation. | 301 |
(G) "Industrialized unit," "manufactured home," and | 302 |
"residential building" have the same meanings as in section | 303 |
3781.06 of the Revised Code. | 304 |
(H) "Mobile home" has the meaning as in section 4501.01 of | 305 |
the Revised Code. | 306 |
(I) "New residential construction" means any original | 307 |
construction of a residential building. | 308 |
(J) "New residential construction contractor" means any | 309 |
person who performs or offers to perform any new residential | 310 |
construction for compensation. | 311 |
(K) "Owner" means the person who contracts with a contractor | 312 |
for a construction project. "Owner" may include the owner of the | 313 |
property, a tenant who occupies the dwelling unit on which the | 314 |
construction project is performed, or a person the owner | 315 |
authorizes to act on the owner's behalf to contract for a | 316 |
construction project, and any other person who contracts for a | 317 |
construction project. | 318 |
Sec. 4722.02. (A) The Ohio construction industry licensing | 319 |
board shall issue licenses to home improvement contractors in a | 320 |
manner prescribed by the board in rules it adopts under division | 321 |
(B) of this section. Any home improvement contractor may apply | 322 |
for a license by filing with the board a written application, | 323 |
accompanied by the filing fee established pursuant to rules the | 324 |
board adopts under division (B)(1) of this section. A home | 325 |
improvement contractor is not required to maintain a license | 326 |
issued pursuant to this section to perform construction projects | 327 |
in this state. | 328 |
(B) The Ohio construction industry licensing board shall | 329 |
adopt rules in accordance with Chapter 119. of the Revised Code to | 330 |
establish all of the following: | 331 |
(1) Fees for license issuance and renewal, including late | 332 |
fees, subject to the approval of the controlling board. | 333 |
(2) Continuing education requirements for license renewal, | 334 |
including a requirement that a licensed home improvement | 335 |
contractor satisfactorily complete not less than ten hours of | 336 |
continuing education courses per year. | 337 |
(3) A code of ethics for home improvement contractors. | 338 |
(4) Standards for minimal best practices of licensed home | 339 |
improvement contractors that the licensed home improvement | 340 |
contractors shall follow, including, but not limited to, rules | 341 |
specifying unfair contractor practices. | 342 |
(5) Disciplinary procedures for contractors who violate the | 343 |
minimal best practices rules adopted by the board pursuant to | 344 |
division (B)(4) of this section. | 345 |
(6) Requirements by which an arbitration procedure, if any, | 346 |
may be certified for use between contractors and owners to address | 347 |
disputes, to assure that an arbitration procedure does not contain | 348 |
unconscionable provisions, and to require the use of neutral | 349 |
arbitrators. | 350 |
(7) Any other requirement that is necessary and proper for | 351 |
the implementation of this section. | 352 |
(C) The Ohio construction industry licensing board has the | 353 |
same powers as those described in divisions (A), (B), and (C) of | 354 |
section 4740.10 of the Revised Code to discipline and investigate | 355 |
a licensee who violates this chapter. | 356 |
(D) Any person who wishes to make a complaint against a | 357 |
person who, on the date the action or event upon which the | 358 |
complaint is based held a valid license issued pursuant to this | 359 |
section, shall submit the complaint in writing to the Ohio | 360 |
construction industry licensing board within ten years after the | 361 |
date the owner has knowledge of the event upon which the complaint | 362 |
is based. | 363 |
(E) Any contractor holding a valid, unexpired license may | 364 |
renew the license by submitting an application to the Ohio | 365 |
construction industry licensing board not more than ninety | 366 |
calendar days before the expiration of the license, along with | 367 |
the renewal fee the board establishes pursuant to rules it adopts | 368 |
under division (B)(1) of this section and proof of compliance | 369 |
with the applicable continuing education requirements. | 370 |
(F) Upon application and within one calendar year after a | 371 |
license has expired, the board may waive any of the requirements | 372 |
for renewal of a license upon finding that an applicant | 373 |
substantially meets the renewal requirements or that failure to | 374 |
timely apply for renewal is due to excusable neglect. If the | 375 |
board waives requirements for renewal of a license, the board may | 376 |
impose conditions upon the licensee and assess a late renewal fee | 377 |
of not more than double the usual renewal fee. The board shall | 378 |
not reissue a license to an applicant until after that applicant | 379 |
has satisfied every condition the board imposed upon that | 380 |
applicant for reissuance of a license. | 381 |
(G) Any person who previously held a license issued pursuant | 382 |
to division (A) of this section that subsequently had that | 383 |
licensed revoked by the board pursuant to a disciplinary action | 384 |
under division (C) of this section or pursuant to rules adopted | 385 |
under division (B)(5) of this section shall not engage in | 386 |
construction projects in this state. | 387 |
Sec. 4722.03. (A) No contractor shall perform any | 388 |
construction project the cost of which equals or exceeds one | 389 |
thousand dollars unless that person enters into a written | 390 |
contract with the owner. The contract shall include all | 391 |
agreements and conditions related to the construction project, | 392 |
including all of the following: | 393 |
(1) The contractor's name, physical business address, | 394 |
business telephone number, and, if licensed under section 4722.02 | 395 |
of the Revised Code, license number, but if not licensed, also the | 396 |
contractor's taxpayer identification number and physical home | 397 |
address; | 398 |
(2) The owner's name, address, and telephone number; | 399 |
(3) The address of the property where the construction | 400 |
project is to be performed; | 401 |
(4) A detailed description of the construction project, | 402 |
including the goods and services to be furnished as part of the | 403 |
construction project; | 404 |
(5) The date or time period the construction project is to | 405 |
begin and the date or time period it is to be completed; | 406 |
(6) The total cost of the construction project; | 407 |
(7) Any cost of installation, delivery, or other cost that | 408 |
the total cost does not cover; | 409 |
(8) The dated signatures of the owner and the contractor; | 410 |
(9) A notice of applicable right to cure provisions in | 411 |
substantially the following language: | 412 |
"RIGHT TO CURE | 413 |
IN THE EVENT THAT THE CONSTRUCTION PROJECT THAT IS THE | 414 |
SUBJECT OF THIS CONTRACT RESULTS IN A CONSTRUCTION DEFECT, THE | 415 |
CONTRACTOR NAMED IN THIS CONTRACT WILL HAVE THE RIGHT TO CURE THE | 416 |
CONSTRUCTION DEFECT IN A MANNER CONSISTENT WITH CHAPTER 1312. OF | 417 |
THE REVISED CODE IF THE CONSTRUCTION DEFECT ARISES FROM NEW | 418 |
RESIDENTIAL CONSTRUCTION, OR CHAPTER 4722. OF THE REVISED CODE IF | 419 |
THE CONSTRUCTION DEFECT ARISES FROM A HOME IMPROVEMENT. GENERALLY | 420 |
THE RIGHT TO CURE PROVISIONS PROVIDE THE CONTRACTOR SIXTY (60) | 421 |
DAYS TO CURE ANY CONSTRUCTION DEFECT, BUT SEE THE APPLICABLE | 422 |
SECTIONS OF THE REVISED CODE TO DETERMINE SPECIFIC TIME AND NOTICE | 423 |
REQUIREMENTS."; | 424 |
(10) A notice stating whether or not the contractor has | 425 |
performance bonds or other insurance beyond the insurance required | 426 |
by section 4722.11 of the Revised Code that will cover losses | 427 |
incurred through defects or breach of contract terms by the | 428 |
contractor. | 429 |
(B)(1) To determine the type of notice an owner requires when | 430 |
the costs of a construction project exceed the estimate provided | 431 |
in the contract, the contract shall include a statement in | 432 |
substantially the following language: | 433 |
"EXCESS COSTS | 434 |
IF AT ANY TIME A CONSTRUCTION PROJECT REQUIRES EXTRA COSTS | 435 |
ABOVE THE COST SPECIFIED OR ESTIMATED IN THE CONTRACT WHICH WERE | 436 |
UNFORESEEN, BUT REASONABLY NECESSARY, AND THE TOTAL OF ALL EXTRA | 437 |
COSTS TO DATE EXCEEDS TEN PER CENT OF THE CONTRACT COST, YOU | 438 |
HAVE A RIGHT TO AN ESTIMATE OF THOSE EXCESS COSTS BEFORE THE | 439 |
CONTRACTOR BEGINS WORK RELATED TO THOSE COSTS. INITIAL YOUR | 440 |
CHOICE OF THE TYPE OF ESTIMATE YOU REQUIRE: | 441 |
..... written estimate ..... oral estimate" | 442 |
(2) If the total amount of unforeseen, but reasonably | 443 |
necessary excess costs of a construction project at any time | 444 |
exceeds ten per cent of the cost estimated or specified in the | 445 |
contract, prior to performing the work related to the excess | 446 |
costs, the contractor shall provide an owner with the type of | 447 |
notice the owner has designated in the contract. | 448 |
(3) If the contract stipulates that the specified cost of the | 449 |
construction project is a firm price and the contractor will not | 450 |
charge the owner with any excess costs, the contractor need not | 451 |
comply with the notice requirements of this division. | 452 |
(4) An owner is not liable for any excess costs unless the | 453 |
costs were unforeseen, but reasonably necessary, and unless the | 454 |
contractor complies with this section's notice requirements. | 455 |
Sec. 4722.04. No contractor shall do any of the following: | 456 |
(A) Prior to commencing work related to the construction | 457 |
project, fail to enter into a written contract that complies | 458 |
with this chapter; | 459 |
(B) After entering into a contract with an owner and prior to | 460 |
commencing any work that is related to an excess cost, fail to | 461 |
provide an estimate of the excess costs as this chapter requires; | 462 |
(C) After entering into a contract with an owner, do any of | 463 |
the following: | 464 |
(1) Fail to disclose, prior to the owner's acceptance of any | 465 |
goods or work related to an excess cost, that in failing to | 466 |
approve an excess cost, completion of the work may not be possible | 467 |
and a charge may be imposed for any disassembly, reassembly, or | 468 |
partially completed work, which shall be directly related to the | 469 |
actual labor or parts involved; | 470 |
(2) Charge for any excess cost that the owner has not | 471 |
approved; | 472 |
(3) Represent that repairs or work have been performed when | 473 |
such is not the fact; | 474 |
(4) Fail to provide the owner, upon the owner's request, a | 475 |
written itemized list of repairs performed or services rendered, | 476 |
including a list of parts or materials and a statement of whether | 477 |
they are used, manufactured, or rebuilt, if not new, the cost to | 478 |
the owner, the amount charged for labor, and the identity of the | 479 |
individual performing the repair or service; | 480 |
(5) Fail to tender to the owner any replaced parts, unless | 481 |
the parts are to be rebuilt or sold by the contractor, or returned | 482 |
to the manufacturer in connection with a warranted repair or | 483 |
service, and the intended reuse or return is made known to the | 484 |
owner prior to commencing any repair or services; | 485 |
(6) Fail to provide a full refund for any goods or services | 486 |
that the contractor has failed to deliver in accordance with the | 487 |
terms and conditions of the contract required by section 4722.03 | 488 |
of the Revised Code and for which the contractor has received | 489 |
payment; | 490 |
(7) Fail to provide to the owner, upon the owner's request, | 491 |
a written, itemized receipt for any item of goods that are left | 492 |
with, or turned over to, the contractor for repair or services. | 493 |
The receipt shall include all of the following: | 494 |
(a) The identity of the person who will perform the repair or | 495 |
services; | 496 |
(b) The name and dated signature of the person or | 497 |
representative who actually accepts the goods; | 498 |
(c) A description including make and model number or other | 499 |
features that will reasonably identify the goods that are turned | 500 |
over and the repair or services that are to be performed. | 501 |
(D) Make the performance of any construction project | 502 |
contingent upon a consumer's waiver of any rights this chapter | 503 |
provides; | 504 |
(E) Represent that repairs, services, or work is necessary | 505 |
when such is not the fact; | 506 |
(F) Represent that an item of goods or any part thereof that | 507 |
is being inspected or diagnosed for a construction project is in a | 508 |
dangerous condition, or that its continued use may be harmful, | 509 |
when such is not the fact; | 510 |
(G) Materially understate or misstate the estimated cost of | 511 |
the construction project; | 512 |
(H) Fraudulently misrepresent any aspect of the transaction | 513 |
or the nature or the quality of the work or materials; | 514 |
(I) Fail at the time any owner signs or initials any | 515 |
document to provide the owner with a copy of the document; | 516 |
(J) Fail to disclose to the owner prior to the commencement | 517 |
of any repair or service, that any part of the repair or service | 518 |
will be performed by a person other than the contractor or | 519 |
employee of the contractor if the contract disclaims any | 520 |
warranty of the repair or service that the other person | 521 |
performs; | 522 |
(K) Represent that repairs or services must be performed | 523 |
away from the property on which the construction project is being | 524 |
performed when that is not the fact. | 525 |
Sec. 4722.05. (A) A home improvement contractor who is not | 526 |
licensed under section 4722.02 of the Revised Code may take as a | 527 |
down payment not more than ten per cent of the contract price | 528 |
before the home improvement contractor's performance that is | 529 |
required by the contract is completed, except a home improvement | 530 |
contractor may take as a down payment not more than seventy-five | 531 |
per cent of the total cost of any special order item that is | 532 |
otherwise not returnable or usable before the home improvement | 533 |
contractor's performance that is required by the contract is | 534 |
completed. | 535 |
(B) A contractor shall begin work on the date or within | 536 |
the time period the contract specifies and shall complete the | 537 |
construction project pursuant to any agreed-upon schedule unless | 538 |
delay is due to reasonable cause beyond the contractor's control. | 539 |
In no case shall an owner be required to pay more than ten per | 540 |
cent of the value of the work completed by the contractor. | 541 |
Sec. 4722.06. (A) No owner shall commence arbitration | 542 |
proceedings or file a dwelling action against a home improvement | 543 |
contractor unless, at least sixty days before commencing the | 544 |
proceedings or filing the action, the owner provides the home | 545 |
improvement contractor with written notice of the construction | 546 |
defect that would be the basis of the arbitration proceedings or | 547 |
the dwelling action. The notice shall be in writing and mailed, | 548 |
sent by telegram, delivered in person, or sent by any means the | 549 |
home improvement contractor has indicated communications may be | 550 |
sent, including facsimile transmission and electronic mail. The | 551 |
notice shall substantially comply with the requirements set forth | 552 |
in division (B) of this section. | 553 |
(B) Any notice that an owner provides to a home improvement | 554 |
contractor pursuant to this section shall substantially do all of | 555 |
the following: | 556 |
(1) Assert a claim involving a construction defect by | 557 |
itemizing and describing those construction defects; | 558 |
(2) Include or attach a copy of any documentation concerning | 559 |
the construction defects prepared by a person who inspected the | 560 |
building for the owner; | 561 |
(3) Include the name, address, and telephone number of the | 562 |
owner and the home improvement contractor and the address of the | 563 |
building that is the subject of the claim. | 564 |
(C) After receiving a notice of defects, a home improvement | 565 |
contractor may request an owner to provide a description of the | 566 |
cause of the defects and the nature and extent of repairs | 567 |
necessary to remedy the defects. An owner may provide this | 568 |
information if the owner has knowledge of the cause of the defects | 569 |
and the repairs necessary to remedy those defects. | 570 |
(D) If a home improvement contractor files a mechanics lien | 571 |
or commences any type of arbitration proceedings or legal action | 572 |
against an owner, this section does not apply, and the owner | 573 |
immediately may counterclaim, commence arbitration proceedings, or | 574 |
file a dwelling action against the home improvement contractor. | 575 |
Sec. 4722.07. (A) A home improvement contractor shall | 576 |
provide the owner with a good faith written response to any notice | 577 |
provided pursuant to section 4722.06 of the Revised Code. The | 578 |
response shall be provided within twenty-one days after the owner | 579 |
mailed the notice, delivered it by personal delivery, or | 580 |
transmitted it by telegram, facsimile, or electronic mail. In the | 581 |
response, the home improvement contractor shall offer to take one | 582 |
of the following actions: | 583 |
(1) Inspect the building that is the subject of the claim; | 584 |
(2) Compromise and settle the claim without an inspection; | 585 |
(3) Dispute the claim. | 586 |
(B) If a home improvement contractor fails to respond as | 587 |
required by division (A) of this section or disputes the claim, an | 588 |
owner is deemed to have complied with this section and may | 589 |
commence arbitration proceedings or file a dwelling action without | 590 |
further notice to the home improvement contractor. | 591 |
(C) If an owner rejects a home improvement contractor's offer | 592 |
to inspect the property or to compromise and settle a claim, the | 593 |
owner shall notify the home improvement contractor of that | 594 |
rejection within fourteen days after receiving the home | 595 |
improvement contractor's offer. The rejection notice shall be in | 596 |
writing and include a reason for the rejection. | 597 |
(D) After providing a rejection notice, an owner has complied | 598 |
with this section and may commence arbitration proceedings or file | 599 |
a dwelling action without further notice to the contractor. | 600 |
Sec. 4722.08. (A) If an owner accepts a home improvement | 601 |
contractor's offer to inspect the building, the owner shall notify | 602 |
the home improvement contractor of that acceptance within fourteen | 603 |
days after receipt of the notice described in division (A) of | 604 |
section 4722.07 of the Revised Code. After accepting the offer to | 605 |
inspect, the owner shall allow the home improvement contractor | 606 |
reasonable access to the building during normal working hours. The | 607 |
home improvement contractor shall inspect the building within | 608 |
fourteen days after the owner notifies the home improvement | 609 |
contractor that the owner accepts the offer to inspect the | 610 |
building. The home improvement contractor shall take reasonable | 611 |
measures to determine the nature and cause of the construction | 612 |
defects and the appropriate remedy. The measures the contractor | 613 |
takes may include, but are not limited to, testing. | 614 |
(B) Within ten days after a home improvement contractor | 615 |
conducts an inspection as described in division (A) of this | 616 |
section, the home improvement contractor shall provide the owner | 617 |
with one of the following: | 618 |
(1) A written offer to remedy the defects at no cost to the | 619 |
owner, an inspection report, a prediction of the additional | 620 |
construction work necessary to remedy each defect, and a timetable | 621 |
for completing the work necessary to remedy the defects; | 622 |
(2) A written offer to settle the claim; | 623 |
(3) A written statement asserting that the home improvement | 624 |
contractor does not intend to remedy the defects. | 625 |
(C) An owner has complied with sections 4722.06, 4722.07, | 626 |
4722.08, 4722.09, and 4722.10 of the Revised Code and may commence | 627 |
arbitration proceedings or file a dwelling action without further | 628 |
notice to the home improvement contractor if any of the following | 629 |
occur: | 630 |
(1) The home improvement contractor does not inspect the | 631 |
property within fourteen days after the owner notifies the home | 632 |
improvement contractor that the owner accepts the offer to | 633 |
inspect. | 634 |
(2) Within ten days after the home improvement contractor | 635 |
conducts the inspection, the home improvement contractor does not | 636 |
provide a written response as required under division (B) of this | 637 |
section. | 638 |
(3) The home improvement contractor notifies the owner that | 639 |
the home improvement contractor does not intend to remedy the | 640 |
defects. | 641 |
(4) The home improvement contractor fails to remedy the | 642 |
defects in the manner the home improvement contractor describes or | 643 |
within the timetable the home improvement contractor provides. | 644 |
(D) If a home improvement contractor makes or provides for | 645 |
any repair or replacement to remedy a construction defect, the | 646 |
home improvement contractor may take reasonable steps to document | 647 |
the repair or replacement and to inspect the repair or replacement | 648 |
or have it inspected. | 649 |
(E) If an owner accepts an offer that a home improvement | 650 |
contractor makes in compliance with sections 4722.06, 4722.07, | 651 |
4722.08, 4722.09, and 4722.10 of the Revised Code to compromise | 652 |
and settle the claim, to remedy the defects, or to settle the | 653 |
claim, and the contractor fulfills that offer in compliance with | 654 |
sections 4722.06, 4722.07, 4722.08, 4722.09, and 4722.10 of the | 655 |
Revised Code, the owner is barred from bringing a dwelling action | 656 |
or commencing arbitration proceedings for the claim, except for | 657 |
claims of fraud or misrepresentation and the fraud or | 658 |
misrepresentation induces an owner to enter into a contract. | 659 |
Sec. 4722.09. Unless otherwise indicated in sections | 660 |
4722.06, 4722.07, 4722.08, and 4722.10 of the Revised Code, an | 661 |
owner has complied with those sections and may commence | 662 |
arbitration proceedings or file a dwelling action sixty days after | 663 |
the owner mails, delivers, sends by facsimile transmission or | 664 |
electronic mail, or otherwise provides the home improvement | 665 |
contractor with a defect notice pursuant to division (A) of | 666 |
section 4722.06 of the Revised Code. | 667 |
Sec. 4722.10. (A) All applicable statutes of limitation or | 668 |
repose are tolled from the time the owner sends a notice of defect | 669 |
to a home improvement contractor pursuant to section 4722.06 of | 670 |
the Revised Code until the owner has complied with this chapter. | 671 |
(B) If an owner files a dwelling action or commences | 672 |
arbitration proceedings without having complied with sections | 673 |
4722.06, 4722.07, 4722.08, and 4722.09 of the Revised Code, the | 674 |
court or arbitrator shall dismiss that action or those proceedings | 675 |
without prejudice. The owner may again file a dwelling action or | 676 |
commence arbitration proceedings after complying with those | 677 |
sections. | 678 |
(C) Sections 4722.06, 4722.07, 4722.08, and 4722.09 of the | 679 |
Revised Code do not apply to any civil action in tort alleging | 680 |
personal injury or wrongful death to a person resulting from a | 681 |
construction defect. | 682 |
(D) This section and sections 4722.06, 4722.07, 4722.08, and | 683 |
4722.09 of the Revised Code do not apply to any dwelling action | 684 |
arising out of a construction defect where that construction | 685 |
defect will jeopardize the welfare, health, or safety of the owner | 686 |
or any other occupant of the residential building or the | 687 |
residential building has been rendered uninhabitable by the | 688 |
construction defect. | 689 |
Sec. 4722.11. A contractor shall maintain general liability | 690 |
insurance in an amount not less than two hundred fifty thousand | 691 |
dollars. | 692 |
Sec. 4722.12. (A) An owner may initiate a civil action in a | 693 |
court of common pleas for damages due to any breach of contract or | 694 |
for breach of any duty this chapter imposes. The court may grant | 695 |
an injunction, a temporary restraining order, actual damages, or | 696 |
other appropriate relief for a violation of this chapter. | 697 |
(B) The court may award the owner treble damages if it finds | 698 |
a contractor knowingly committed an act or practice that | 699 |
violates this chapter. | 700 |
(C) In any action pursuant to this chapter, the court may | 701 |
award to the prevailing party a reasonable attorney's fee limited | 702 |
to the work reasonably performed, if either of the following | 703 |
applies: | 704 |
(1) The owner complaining of the act or practice that | 705 |
violated this chapter has brought or maintained an action that is | 706 |
groundless, and the owner filed or maintained the action in bad | 707 |
faith; | 708 |
(2) The contractor knowingly committed an act or practice | 709 |
that violates this chapter. | 710 |
(D) Nothing in this section limits any other action brought | 711 |
by an owner or contractor at common law. | 712 |
Sec. 4722.13. The attorney general may initiate criminal | 713 |
proceedings for a prosecution under section 4722.99 of the Revised | 714 |
Code, or any other section of the Revised Code for claims related | 715 |
to or arising out of a construction project, by presenting | 716 |
evidence of criminal violations to the prosecuting attorney of | 717 |
the city or county in which the offense may be prosecuted. If the | 718 |
prosecuting attorney notifies the attorney general in writing that | 719 |
the prosecuting attorney does not wish to prosecute the | 720 |
violations, or at the request of the prosecuting attorney, the | 721 |
attorney general may proceed in the prosecution with all the | 722 |
rights, privileges, and powers conferred by law on prosecuting | 723 |
attorneys, including the power to appear before grand juries and | 724 |
to interrogate witnesses before grand juries. | 725 |
Sec. 4722.14. (A) Any instrumentality, as defined in division | 726 |
(B)(6) of section 2981.01 of the Revised Code, of a contractor | 727 |
convicted of an offense in connection with a construction project, | 728 |
shall be subject to the forfeiture provisions of Chapter 2981. of | 729 |
the Revised Code. | 730 |
(B) If a contractor is convicted of a criminal offense in | 731 |
connection with a construction project, the sentencing court, when | 732 |
sentencing that contractor, shall consider and specify a plan of | 733 |
restitution to the owner of the property harmed by the offense, | 734 |
pursuant to any community control sanctions ordered pursuant to | 735 |
sections 2929.15 to 2929.28 of the Revised Code. | 736 |
Sec. 4722.99. (A) Whoever knowingly violates section 4722.03 | 737 |
of the Revised Code is guilty of a misdemeanor of the fourth | 738 |
degree. | 739 |
(B) Any contractor who knowingly engages in a pattern of | 740 |
misrepresentation to consumers or knowingly and improperly | 741 |
represents quality, timeliness, or quantity of the work that was | 742 |
or is to be performed for a construction project is guilty of a | 743 |
misdemeanor of the first degree. | 744 |
(C) Whoever violates division (F) of section 4722.02 of the | 745 |
Revised Code is guilty of a misdemeanor of the first degree for | 746 |
each violation. | 747 |
Sec. 4740.04. The administrative section of the Ohio | 748 |
construction industry licensing board is responsible for the | 749 |
administration of this chapter and shall do all of the following: | 750 |
(A) Schedule the contractor examinations each of the other | 751 |
sections of the board directs. Each type of examination shall be | 752 |
held at least four times per year. | 753 |
(B) Select and contract with one or more persons to do all of | 754 |
the following relative to the examinations: | 755 |
(1) Prepare, administer, score, and maintain the | 756 |
confidentiality of the examinations; | 757 |
(2) Be responsible for all the expenses required to fulfill | 758 |
division (B)(1) of this section; | 759 |
(3) Charge an applicant a fee in an amount the | 760 |
administrative section of the board authorizes for administering | 761 |
the examination; | 762 |
(4) Design the examination for each type of contractor to | 763 |
determine an applicant's competence to perform that type of | 764 |
contracting. | 765 |
(C) Issue and renew licenses as follows: | 766 |
(1) Issue a license to any individual who the appropriate | 767 |
section of the board determines is qualified pursuant to section | 768 |
4740.06 of the Revised Code to hold a license and has attained a | 769 |
score on the examination that the appropriate section authorizes | 770 |
for the licensed trade. | 771 |
(a) Each license shall include a license number and an | 772 |
expiration date. | 773 |
(b) Each license issued to an individual who holds more than | 774 |
one valid license shall contain the same license number and | 775 |
expiration date as the original license issued to that individual. | 776 |
(2) Renew licenses for individuals who meet the renewal | 777 |
requirements of section 4740.06 of the Revised Code. | 778 |
(D) Make an annual written report to the director of commerce | 779 |
on proceedings had by or before the board for the previous year | 780 |
and make an annual statement of all money received and expended by | 781 |
the board during the year; | 782 |
(E) Keep a record containing the name, address, the date on | 783 |
which the board issues or renews a license to, and the license | 784 |
number of, every heating, ventilating, and air conditioning | 785 |
contractor, refrigeration contractor, electrical contractor, | 786 |
plumbing contractor, and hydronics contractor issued a license | 787 |
pursuant to this chapter; | 788 |
(F) Regulate a contractor's use and display of a license | 789 |
issued pursuant to this chapter and of any information contained | 790 |
in that license; | 791 |
(G) Adopt rules in accordance with Chapter 119. of the | 792 |
Revised Code as necessary to properly discharge the administrative | 793 |
section's duties under this chapter. The rules shall include, but | 794 |
not be limited to, the following: | 795 |
(1) Application procedures for examinations; | 796 |
(2) Specifications for continuing education requirements for | 797 |
license renewal that address all of the following: | 798 |
(a) A requirement that an individual who holds any number of | 799 |
valid and unexpired licenses accrue a total of ten hours of | 800 |
continuing education courses per year; | 801 |
(b) Fees the board charges to persons who provide continuing | 802 |
education courses, in an amount of twenty-five dollars annually | 803 |
for each person approved to provide courses, not more than ten | 804 |
dollars plus one dollar per credit hour for each course offered, | 805 |
and one dollar per credit hour of instruction per attendee; | 806 |
(c) A provision limiting approval of continuing education | 807 |
courses to one year. | 808 |
(3) Requirements for criminal records checks of applicants | 809 |
under section 4776.03 of the Revised Code. | 810 |
(H) Adopt any continuing education curriculum as the other | 811 |
sections of the board establish or approve pursuant to division | 812 |
(C) of section 4740.05 of the Revised Code; | 813 |
(I) Keep a record of its proceedings and do all things | 814 |
necessary to carry out this chapter; | 815 |
(J) Fulfill the duties and obligations required by section | 816 |
4722.02 of the Revised Code. | 817 |
Sec. 4740.14. (A) There is hereby created within the | 818 |
department of commerce the residential construction advisory | 819 |
committee consisting of nine persons the director of commerce | 820 |
appoints. Of the advisory committee's members, three shall be | 821 |
general contractors who have recognized ability and experience in | 822 |
the construction of residential buildings, two shall be building | 823 |
officials who have experience administering and enforcing a | 824 |
residential building code, one, chosen from a list of three names | 825 |
the Ohio fire chief's association submits, shall be from the fire | 826 |
service certified as a fire safety inspector who has at least ten | 827 |
years of experience enforcing fire or building codes, one shall be | 828 |
a residential contractor who has recognized ability and experience | 829 |
in the remodeling and construction of residential buildings, one | 830 |
shall be an architect registered pursuant to Chapter 4703. of the | 831 |
Revised Code, with recognized ability and experience in the | 832 |
architecture of residential buildings, and one, chosen from a list | 833 |
of three names the Ohio municipal league submits to the director, | 834 |
shall be a mayor of a municipal corporation in which the Ohio | 835 |
residential building code is being enforced in the municipal | 836 |
corporation by a certified building department. | 837 |
(B) The director shall make appointments to the advisory | 838 |
committee within ninety days after May 27, 2005. Terms of office | 839 |
shall be for three years, with each term ending on the date three | 840 |
years after the date of appointment. Each member shall hold office | 841 |
from the date of appointment until the end of the term for which | 842 |
the member was appointed. The director shall fill a vacancy in the | 843 |
manner provided for initial appointments. Any member appointed to | 844 |
fill a vacancy in an unexpired term shall hold office for the | 845 |
remainder of that term. | 846 |
(C) The advisory committee shall do all of the following: | 847 |
(1) Recommend to the board of building standards a building | 848 |
code for residential buildings. The committee shall recommend a | 849 |
code that it models on a residential building code a national | 850 |
model code organization issues, with adaptations necessary to | 851 |
implement the code in this state. If the board of building | 852 |
standards decides not to adopt a code the committee recommends, | 853 |
the committee shall revise the code and resubmit it until the | 854 |
board adopts a code the committee recommends as the state | 855 |
residential building code; | 856 |
(2) Advise the board regarding the establishment of standards | 857 |
for certification of building officials who enforce the state | 858 |
residential building code; | 859 |
(3) Assist the board in providing information and guidance to | 860 |
residential contractors and building officials who enforce the | 861 |
state residential building code; | 862 |
(4) Advise the board regarding the interpretation of the | 863 |
state residential building code; | 864 |
(5) Develop guidelines to use in determining what is a | 865 |
"workerlike manner" in the construction and rehabilitation of | 866 |
residential buildings as referenced in section 1312.20 of the | 867 |
Revised Code; | 868 |
(6) Adopt rules under Chapter 119. of the Revised Code to | 869 |
establish dispute resolution procedures for the timely resolution | 870 |
of disputes between an owner and a contractor regarding an alleged | 871 |
breach of warranty or the construction of a residential building | 872 |
when the contractor has provided an express warranty that complies | 873 |
with division (A) of section 1312.20 of the Revised Code. The | 874 |
rules shall specify that decisions made pursuant to these dispute | 875 |
resolution procedures are not binding on the owner or other | 876 |
parties involved in the dispute; | 877 |
(7) Provide other assistance the committee considers | 878 |
necessary. | 879 |
(D) In making its recommendation to the board pursuant to | 880 |
division (C)(1) of this section, the advisory committee shall | 881 |
consider all of the following: | 882 |
(1) The impact that the state residential building code may | 883 |
have upon the health, safety, and welfare of the public; | 884 |
(2) The economic reasonableness of the residential building | 885 |
code; | 886 |
(3) The technical feasibility of the residential building | 887 |
code; | 888 |
(4) The financial impact that the residential building code | 889 |
may have on the public's ability to purchase affordable housing. | 890 |
(E) Members of the advisory committee shall receive no salary | 891 |
for the performance of their duties as members, but shall receive | 892 |
their actual and necessary expenses incurred in the performance of | 893 |
their duties as members of the advisory committee and shall | 894 |
receive a per diem for each day in attendance at an official | 895 |
meeting of the committee, to be paid from the industrial | 896 |
compliance operating fund in the state treasury, using fees | 897 |
collected in connection with residential buildings pursuant to | 898 |
division (F)(2) of section 3781.102 of the Revised Code and | 899 |
deposited in that fund. | 900 |
(F) The advisory committee is not subject to divisions (A) | 901 |
and (B) of section 101.84 of the Revised Code. | 902 |
Section 2. That existing sections 1345.01, 4740.04, and | 903 |
4740.14 of the Revised Code are hereby repealed. | 904 |