| Sec. 3781.10. (A)(1) The board of building standards shall
| 18 |
|
formulate and adopt rules governing the erection,
construction,
| 19 |
|
repair, alteration, and maintenance of all
buildings
or classes of
| 20 |
|
buildings specified in section 3781.06 of
the
Revised Code,
| 21 |
|
including land area incidental to those buildings, the
| 22 |
|
construction of industrialized units, the installation of
| 23 |
|
equipment, and the standards or requirements for materials
used
| 24 |
|
in connection with those buildings. The board shall incorporate
| 25 |
|
those rules into
separate residential and nonresidential building
| 26 |
|
codes. The
standards
shall
relate to the
conservation of energy
| 27 |
|
and the
safety and
sanitation of
those
buildings.
The rules | 28 |
|
governing residential buildings shall require each residential | 29 |
|
unit to have installed a portable fire extinguisher on each floor | 30 |
|
of the unit and a carbon monoxide detector outside each separate | 31 |
|
sleeping area. The rules shall specify product and installation | 32 |
|
standards for portable fire extinguishers and carbon monoxide | 33 |
|
detectors. The rules shall specify that portable fire | 34 |
|
extinguishers be of a type tested and listed by "Underwriters | 35 |
|
Laboratory," "Factory Mutual," or other similar quality standards | 36 |
|
specified or established by rule. | 37 |
| (2) The rules governing nonresidential buildings are
the
| 38 |
|
lawful minimum
requirements
specified for those buildings and
| 39 |
|
industrialized
units,
except that
no rule other than as provided
| 40 |
|
in division (C) of
section
3781.108 of
the Revised Code that
| 41 |
|
specifies a higher
requirement
than is
imposed by any section of
| 42 |
|
the Revised Code
is
enforceable. The rules governing residential
| 43 |
|
buildings are uniform requirements for residential buildings in
| 44 |
|
any area with a building department certified to enforce the state
| 45 |
|
residential building code. In no case shall any local code or
| 46 |
|
regulation differ from the state residential
building code unless
| 47 |
|
that code or regulation addresses subject
matter not addressed by
| 48 |
|
the state residential building code or
is adopted pursuant to
| 49 |
|
section 3781.01 of the Revised Code.
| 50 |
| (3) The rules adopted pursuant to this section are complete,
| 51 |
|
lawful
alternatives to
any requirements specified for
buildings
| 52 |
|
or
industrialized
units in any section of the Revised
Code. | 53 |
|
Except as otherwise provided in division (I) of this section, the | 54 |
|
board shall, on
its own motion or on application
made under
| 55 |
|
sections 3781.12 and
3781.13 of the Revised Code,
formulate,
| 56 |
|
propose, adopt, modify,
amend, or repeal the rules to
the extent
| 57 |
|
necessary or desirable to
effectuate the purposes of
sections
| 58 |
|
3781.06 to 3781.18 of the
Revised Code.
| 59 |
| (B) The board shall report to the general assembly proposals
| 60 |
|
for
amendments to existing statutes relating to the purposes
| 61 |
|
declared
in section 3781.06 of the Revised Code that public | 62 |
|
health
and
safety
and the development of the arts require and | 63 |
|
shall
recommend any
additional
legislation to assist in carrying
| 64 |
|
out
fully, in
statutory form, the purposes declared in that
| 65 |
|
section.
The board shall prepare
and submit to the general | 66 |
|
assembly a
summary
report of the number,
nature, and disposition | 67 |
|
of the
petitions
filed under sections
3781.13 and 3781.14 of the | 68 |
|
Revised
Code.
| 69 |
| (C) On its own motion or on application
made under sections
| 70 |
|
3781.12 and 3781.13 of the Revised Code, and
after thorough
| 71 |
|
testing and evaluation, the board shall determine by rule that any
| 72 |
|
particular
fixture,
device, material, process of manufacture,
| 73 |
|
manufactured
unit or
component, method of manufacture, system, or
| 74 |
|
method of
construction complies with performance standards adopted
| 75 |
|
pursuant
to section 3781.11 of the Revised Code. The board shall
| 76 |
|
make its determination with regard to
adaptability for safe and
| 77 |
|
sanitary erection, use, or
construction,
to that described in any
| 78 |
|
section of the Revised
Code, wherever the
use of a fixture,
| 79 |
|
device, material, method of
manufacture, system,
or method of
| 80 |
|
construction described
in that section of
the Revised Code is
| 81 |
|
permitted by law. The board shall
amend or annul any rule or | 82 |
|
issue
an
authorization for the use
of a new material or | 83 |
|
manufactured
unit on any like application. No department,
| 84 |
|
officer, board, or
commission of the state
other than the board | 85 |
|
of
building standards
or the board of
building appeals shall | 86 |
|
permit
the use of any
fixture, device,
material, method of | 87 |
|
manufacture,
newly designed
product, system,
or method of | 88 |
|
construction at
variance with what
is described in
any rule the | 89 |
|
board of building standards adopts or
issues or that is | 90 |
|
authorized by any
section of the Revised Code.
Nothing in this
| 91 |
|
section shall be
construed as requiring approval,
by rule, of
| 92 |
|
plans for an
industrialized unit that conforms with
the rules
| 93 |
|
the
board of building standards adopts pursuant to
section
| 94 |
|
3781.11 of the
Revised Code.
| 95 |
| (D) The board shall recommend rules, codes, and standards to
| 96 |
|
help carry out the purposes of section 3781.06 of the Revised Code
| 97 |
|
and to help secure uniformity of state administrative rulings and
| 98 |
|
local legislation and administrative action to the bureau of
| 99 |
|
workers' compensation, the
director of commerce, any other
| 100 |
|
department, officer, board,
or
commission of the state, and to
| 101 |
|
legislative authorities and
building departments of counties,
| 102 |
|
townships, and municipal
corporations, and shall recommend that
| 103 |
|
they audit those recommended rules, codes, and standards by any
| 104 |
|
appropriate action that they are allowed pursuant to law or the
| 105 |
|
constitution.
| 106 |
| (E)(1) The board shall certify municipal, township, and
| 107 |
|
county building
departments and the personnel of those building
| 108 |
|
departments, and persons and employees of individuals, firms, or
| 109 |
|
corporations as described in division (E)(7) of this section to
| 110 |
|
exercise enforcement authority, to accept and
approve plans and
| 111 |
|
specifications, and to make inspections,
pursuant to sections
| 112 |
|
3781.03, 3791.04, and 4104.43 of the Revised Code.
| 113 |
| (3) The board shall not require a building department, its
| 120 |
|
personnel, or any persons that it employs to be certified for
| 121 |
|
residential building code enforcement if that building department
| 122 |
|
does not enforce the state residential building code. The board
| 123 |
|
shall specify, in rules adopted pursuant
to Chapter 119. of the
| 124 |
|
Revised Code, the requirements for certification for residential
| 125 |
|
and nonresidential building code enforcement, which shall
be
| 126 |
|
consistent with this division. The requirements for residential
| 127 |
|
and nonresidential certification may differ. Except as otherwise
| 128 |
|
provided
in
this division, the requirements shall include, but are
| 129 |
|
not
limited
to, the satisfactory completion of an initial
| 130 |
|
examination
and, to remain certified, the completion of a
| 131 |
|
specified
number of
hours of continuing building code education
| 132 |
|
within each
three-year
period following the date of certification
| 133 |
|
which shall be not less than
thirty hours. The rules
shall provide
| 134 |
|
that continuing education credits and
certification
issued by the
| 135 |
|
council of American building
officials, national
model code
| 136 |
|
organizations, and agencies or
entities
the board recognizes are
| 137 |
|
acceptable for purposes of
this division. The rules shall
specify
| 138 |
|
requirements that are
compatible, to the extent possible,
with
| 139 |
|
requirements the council of American building
officials and
| 140 |
|
national model
code organizations establish.
| 141 |
| (6) This division does not require or authorize the
board to
| 150 |
|
certify personnel of municipal, township,
and county
building
| 151 |
|
departments, and persons and employees of
persons, firms,
or
| 152 |
|
corporations as described in this
section, whose responsibilities
| 153 |
|
do not include
the exercise of
enforcement authority, the approval
| 154 |
|
of plans and
specifications,
or making inspections under the state
| 155 |
|
residential and nonresidential
building codes.
| 156 |
| (a) The certification of building department personnel and
| 196 |
|
persons and employees of persons, firms, or corporations
| 197 |
|
exercising authority pursuant to division (E)(7) of this
section.
| 198 |
|
The rules shall disqualify any employee of the department or
| 199 |
|
person who contracts
for services with the department from
| 200 |
|
performing
services for the department when that
employee or
| 201 |
|
person would have to
pass upon, inspect, or otherwise exercise
| 202 |
|
authority over any labor,
material, or equipment
the employee or
| 203 |
|
person furnishes for the
construction,
alteration, or maintenance
| 204 |
|
of a building or the
preparation of working drawings or
| 205 |
|
specifications for work within
the jurisdictional area of the
| 206 |
|
department. The department shall
provide other similarly
qualified
| 207 |
|
personnel to enforce the
residential and nonresidential
building
| 208 |
|
codes as they pertain to that
work.
| 209 |
| (11) The board of building standards may revoke or suspend
| 212 |
|
certification to enforce the
residential and
nonresidential
| 213 |
|
building
codes, on petition to the board by any
person affected by
| 214 |
|
that enforcement or
approval of plans, or by
the board on its own
| 215 |
|
motion. Hearings
shall be held and appeals
permitted on any
| 216 |
|
proceedings for
certification or
revocation or suspension of
| 217 |
|
certification in
the same manner as
provided in section 3781.101
| 218 |
|
of the Revised
Code for other
proceedings of the board of building
| 219 |
|
standards.
| 220 |
| (F) In addition to hearings
sections 3781.06 to 3781.18 and
| 228 |
|
3791.04 of the Revised Code require,
the board of building
| 229 |
|
standards shall
make investigations and tests, and require from
| 230 |
|
other
state
departments, officers, boards, and commissions
| 231 |
|
information
the board considers necessary or desirable to assist
| 232 |
|
it
in the discharge of any duty or the
exercise of any power
| 233 |
|
mentioned in this section or in sections
3781.06 to 3781.18,
| 234 |
|
3791.04, and 4104.43 of the Revised Code.
| 235 |
| (G) The board shall adopt rules and establish reasonable fees
| 236 |
|
for the
review of all applications submitted where the applicant
| 237 |
|
applies
for authority to use a new material, assembly, or product
| 238 |
|
of a
manufacturing process. The fee shall bear some
reasonable
| 239 |
|
relationship to the cost of the review or testing of
the
| 240 |
|
materials, assembly, or products and for the notification
of
| 241 |
|
approval or disapproval as provided in section 3781.12 of the
| 242 |
|
Revised Code.
| 243 |
| (2) If the board receives a proposed rule to update or amend | 255 |
|
the state residential building code as provided in division (I)(1) | 256 |
|
of this section, the board either may accept or reject the | 257 |
|
proposed rule for incorporation into the residential building | 258 |
|
code. If the board does not act to either accept or reject the | 259 |
|
proposed rule within ninety days after receiving the proposed rule | 260 |
|
from the committee as described in division (I)(1) of this | 261 |
|
section, the proposed rule shall become part of the residential | 262 |
|
building code. | 263 |
| Sec. 3781.104. (A) One hundred eighty days after the board | 270 |
|
of building
standards files its rules with the secretary of
state | 271 |
|
and the director of the legislative service commission, as | 272 |
|
required in section 119.04 of the Revised Code, as required by | 273 |
|
this section, every existing apartment and condominium building | 274 |
|
that exceeds seventy-five feet in height, as measured from ground | 275 |
|
level exclusive of any radio, television, or telephone | 276 |
|
transmission antennae, or other equipment, chimneys, or equipment | 277 |
|
associated with the heating or air conditioning system of the | 278 |
|
building, which did not have an automatic smoke detection system | 279 |
|
or sprinkler system in conformity with the rules of the board of | 280 |
|
building standards adopted pursuant to section 3781.10 of the | 281 |
|
Revised Code, shall have installed and in operation an automatic | 282 |
|
smoke detection system as follows: | 283 |
| (1) Each dwelling unit shall have smoke detector devices | 284 |
|
approved by the board and installed in the immediate vicinity but | 285 |
|
outside of all sleeping rooms. Alarm signaling devices shall be | 286 |
|
clearly audible in all bedrooms within the dwelling unit when all | 287 |
|
intervening doors are closed. For the purpose of installation
and | 288 |
|
maintenance only, the applicable sections of the national
fire | 289 |
|
prevention association standard No. 74 "standard for the | 290 |
|
installation, maintenance and use of a household fire warning | 291 |
|
system" shall be considered accepted engineering practice. | 292 |
| (B)(1) Except as provided in division (B)(2) of this
section, | 344 |
|
this section applies to any transfer of residential real
property | 345 |
|
that occurs on or after July 1, 1993, by sale, land
installment | 346 |
|
contract, lease with option to purchase, exchange, or
lease for a | 347 |
|
term of ninety-nine years and renewable forever. For
purposes of | 348 |
|
this section, a transfer occurs when the initial
contract for | 349 |
|
transfer is executed, regardless of when legal title
is | 350 |
|
transferred, and references in this section to transfer offers
and | 351 |
|
transfer agreements refer to offers and agreements in respect
of | 352 |
|
the initial contract for transfer. | 353 |
| (a) A transfer pursuant to court order, including, but not | 356 |
|
limited to, a transfer ordered by a probate court during the | 357 |
|
administration of a decedent's estate, a transfer pursuant to a | 358 |
|
writ of execution, a transfer by a trustee in bankruptcy, a | 359 |
|
transfer as a result of the exercise of the power of eminent | 360 |
|
domain, and a transfer that results from a decree for specific | 361 |
|
performance of a contract or other agreement between persons; | 362 |
| (C) Except as provided in division (B)(2) of this section
and | 401 |
|
subject to divisions (E) and (F) of this section, every
person
who | 402 |
intends to transfer any residential real property on
or after
July | 403 |
1, 1993, by sale, land installment contract, lease
with
option to | 404 |
|
purchase, exchange, or lease for a term of
ninety-nine
years and | 405 |
|
renewable forever shall complete all
applicable items in
a | 406 |
|
property disclosure form prescribed under
division (D) of
this | 407 |
|
section and shall deliver in accordance with
division (I) of
this | 408 |
|
section a signed and dated copy of the
completed form to each | 409 |
|
prospective transferee or
prospective
transferee's agent as
soon | 410 |
|
as is practicable. | 411 |
(D)(1) Prior to July 1, 1993, theThe director of commerce, | 412 |
|
by
rule adopted in accordance with Chapter 119. of the Revised | 413 |
|
Code,
shall prescribe the disclosure form to be completed by | 414 |
|
transferors. The form prescribed by the director shall be
designed | 415 |
|
to permit the transferor to disclose material matters
relating to | 416 |
|
the physical condition of the property to be
transferred, | 417 |
|
including, but not limited to, the source of water
supply to the | 418 |
|
property; the nature of the sewer system serving
the
property; the | 419 |
|
condition of the structure of the property,
including the roof, | 420 |
|
foundation, walls, and floors; the presence
of
hazardous materials | 421 |
|
or substances, including lead-based paint,
asbestos, | 422 |
|
urea-formaldehyde foam insulation, and radon gas; whether the | 423 |
|
property contains fire extinguishers and
carbon monoxide | 424 |
|
detectors that comply with the standards the
director prescribes | 425 |
|
pursuant to division (M)(2) of this section; and
any material | 426 |
|
defects in the property that are within the actual
knowledge of | 427 |
|
the transferor. | 428 |
| The form also shall set forth a statement of the purpose of | 429 |
|
the form, including statements substantially similar to the | 430 |
|
following: that the form constitutes a statement of the
conditions | 431 |
|
of the property and of information concerning the
property | 432 |
|
actually known by the transferor; that, unless the
transferee is | 433 |
|
otherwise advised in writing, the transferor, other
than having | 434 |
|
lived at or owning the property, possesses no greater
knowledge | 435 |
|
than that which could be obtained by a careful
inspection of the | 436 |
|
property by a potential transferee; that the
statement is not a | 437 |
|
warranty of any kind by the transferor or by
any agent or subagent | 438 |
|
representing the transferor in this
transaction; that the | 439 |
|
statement is not a substitute for any
inspections; that the | 440 |
|
transferee is encouraged to obtain
the
transferee's
own | 441 |
|
professional inspection; that the
representations are made by
the | 442 |
|
transferor and are not the
representations of the
transferor's | 443 |
|
agent or subagent; and that
the form and the
representations | 444 |
|
contained therein are provided by
the transferor
exclusively to | 445 |
|
potential transferees in a transfer
made by the
transferor, and | 446 |
|
are not made to transferees in any
subsequent
transfers. | 447 |
| (F)(1) A transferor of residential real property is not | 474 |
|
liable in damages in a civil action for injury, death, or loss to | 475 |
|
person or property that allegedly arises from any error in, | 476 |
|
inaccuracy of, or omission of any item of information required to | 477 |
|
be disclosed in the property disclosure form if the error, | 478 |
|
inaccuracy, or omission was not
within the transferor's actual | 479 |
|
knowledge. | 480 |
| (2) If any item of information that is disclosed in the | 481 |
|
property disclosure form
is rendered inaccurate after the
delivery | 482 |
|
of the form to the
transferee of residential real
property or
the | 483 |
|
transferee's
agent as a result of any act,
occurrence, or | 484 |
|
agreement, the
subsequent inaccuracy does not cause, and shall
not | 485 |
|
be construed
as causing, the transferor of the residential
real | 486 |
|
property to be
in noncompliance with the requirements of
divisions | 487 |
|
(C) and (D) of
this section. | 488 |
| (I) The transferor's delivery under division (C) of this | 504 |
|
section of a property disclosure form
as prescribed under
division | 505 |
|
(D) of this section
and the prospective transferee's
delivery | 506 |
|
under division (H) of
this section of an acknowledgment
of
receipt | 507 |
|
of that form
shall be made by personal
delivery to
the other party | 508 |
|
or
the other party's agent or
subagent, by
ordinary mail or | 509 |
|
certified mail, return receipt
requested, or by facsimile | 510 |
|
transmission. For the purposes of the
delivery requirements of | 511 |
|
this section, the delivery of a property
disclosure form
to a | 512 |
|
prospective co-transferee of residential real property or
a | 513 |
|
prospective co-transferee's
agent shall be considered delivery to | 514 |
|
the other prospective
transferees unless otherwise provided by | 515 |
|
contract. | 516 |
| (J) The specification of items of information that must be | 517 |
|
disclosed in the property disclosure form as prescribed under | 518 |
|
division (D)(1) of this section does not limit or abridge, and | 519 |
|
shall
not be construed as limiting or abridging, any obligation to | 520 |
|
disclose an item of information that is created by any other | 521 |
|
provision of the Revised Code or the common law of this state or | 522 |
|
that may exist in order to preclude fraud, either by | 523 |
|
misrepresentation, concealment, or nondisclosure in a transaction | 524 |
|
involving the transfer of residential real property. The | 525 |
|
disclosure requirements of this section do not bar, and shall not | 526 |
|
be construed as barring, the application of any legal or
equitable | 527 |
|
defense that a transferor of residential real property
may assert | 528 |
|
in a civil action commenced against the transferor by
a | 529 |
|
prospective or actual transferee of that property. | 530 |
| (K)(1) Except as provided in division (K)(2) of this
section, | 531 |
|
but subject to divisions (J) and (L) of this section, a
transfer | 532 |
|
of residential real property that is subject to this
section shall | 533 |
|
not be invalidated because of the failure of the
transferor to | 534 |
|
provide to the transferee in accordance with
division (C) of this | 535 |
|
section a completed property disclosure form
as prescribed under | 536 |
|
division
(D) of this section. | 537 |
| (2) Subject to division (K)(3)(c) of this section, if a | 538 |
|
transferee of residential real property that is subject to this | 539 |
|
section receives a property disclosure form or an amendment of | 540 |
|
that form
as described in division (G) of this section
after the | 541 |
|
transferee has entered into a transfer agreement with
respect to | 542 |
|
the property, the transferee, after
receipt of the
form or | 543 |
|
amendment, may rescind the transfer agreement in a written, | 544 |
|
signed,
and dated document that is delivered to the transferor or
| 545 |
|
the
transferor's agent or subagent in accordance with
divisions | 546 |
|
(K)(3)(a) and
(b) of this section, without incurring any legal | 547 |
|
liability to the
transferor because of the rescission, including, | 548 |
|
but not limited
to, a civil action for specific performance of the | 549 |
|
transfer
agreement. Upon the rescission of the transfer
agreement, | 550 |
|
the
transferee is entitled to the return of, and the
transferor | 551 |
|
shall
return, any deposits made by the transferee in
connection | 552 |
|
with
the proposed transfer of the residential real
property. | 553 |
| (3)(a) Subject to division (K)(3)(b) of this section, a | 554 |
|
rescission of a transfer agreement under division (K)(2) of this | 555 |
|
section only may occur if the transferee's written, signed, and | 556 |
|
dated document of rescission is delivered to the transferor or
the | 557 |
|
transferor's agent or subagent within three business
days | 558 |
|
following the
date on which the transferee or
the transferee's | 559 |
|
agent
receives the property
disclosure form
prescribed under | 560 |
|
division (D) of this section or
the amendment of that form
as | 561 |
|
described in division (G) of this
section. | 562 |
| (d) A rescission of a transfer agreement is not
permissible | 572 |
|
under division (K)(2) of this section if a transferee
of | 573 |
|
residential real property that is subject to this section
receives | 574 |
|
a property disclosure form as prescribed under division
(D) of | 575 |
|
this section or an amendment
of that form as described in
division | 576 |
|
(G) of this section prior to the transferee's submission
to the | 577 |
|
transferor or
the transferor's agent or subagent of a
transfer | 578 |
|
offer
and the transferee's entry into a transfer
agreement with | 579 |
|
respect
to the property. | 580 |
| (4) If a transferee of residential real property subject
to | 581 |
|
this section does not receive a property disclosure form from
the | 582 |
|
transferor after the
transferee has submitted to the
transferor or
| 583 |
|
the transferor's
agent or subagent a transfer
offer and has | 584 |
|
entered into a transfer
agreement with respect to the property, | 585 |
|
the transferee may rescind
the transfer agreement in a written, | 586 |
|
signed, and dated document
that is delivered to the transferor or
| 587 |
|
the transferor's agent
or subagent in accordance with
division | 588 |
|
(K)(4) of this
section without
incurring any legal liability to | 589 |
|
the transferor
because of the
rescission, including, but not | 590 |
|
limited to, a civil
action for
specific performance of the | 591 |
|
transfer agreement. Upon
the
rescission of the transfer agreement, | 592 |
|
the transferee is
entitled
to the return of, and the transferor | 593 |
|
shall return, any
deposits
made by the transferee in connection | 594 |
|
with the proposed
transfer
of the residential real property. A | 595 |
|
transferee may not
rescind a
transfer agreement under
division | 596 |
|
(K)(4) of this
section unless
the transferee
rescinds the
transfer | 597 |
|
agreement by the earlier of the date that is thirty days
after the | 598 |
|
date upon which the transferor accepted the
transferee's transfer | 599 |
|
offer or the date of the closing of the
transfer of the | 600 |
|
residential real property. | 601 |
| (M)(1) No transferor shall enter into an agreement to | 608 |
|
transfer
residential real property unless that property has | 609 |
|
installed and
operative fire extinguishers and carbon monoxide | 610 |
|
detectors that
comply with the standards the director of commerce | 611 |
|
establishes. A transferee may rescind a transfer
agreement | 612 |
|
pursuant to the procedures described in division
(K)(3)(a) of | 613 |
|
this section if the transferee receives a form that
indicates | 614 |
|
that the property does not contain functioning fire
extinguishers | 615 |
|
and carbon monoxide detectors as this division
requires. | 616 |