Sec. 3781.10. (A)(1) The board of building standards shall | 17 |
formulate and adopt rules governing the erection, construction, | 18 |
repair, alteration, and maintenance of all buildings or classes of | 19 |
buildings specified in section 3781.06 of the Revised Code, | 20 |
including land area incidental to those buildings, the | 21 |
construction of industrialized units, the installation of | 22 |
equipment, and the standards or requirements for materials used | 23 |
in connection with those buildings. The board shall incorporate | 24 |
those rules into separate residential and nonresidential building | 25 |
codes. The standards shall relate to the conservation of energy | 26 |
and the safety and sanitation of those buildings.
Portable fire | 27 |
extinguishers and carbon monoxide alarms shall be installed within | 28 |
each residential building. The board shall adopt rules specifying | 29 |
the locations and product and installation standards for portable | 30 |
fire extinguishers and carbon monoxide alarms installed in | 31 |
accordance with this division. | 32 |
(2) The rules governing nonresidential buildings are the | 33 |
lawful minimum requirements specified for those buildings and | 34 |
industrialized units, except that no rule other than as provided | 35 |
in division (C) of section 3781.108 of the Revised Code that | 36 |
specifies a higher requirement than is imposed by any section of | 37 |
the Revised Code is enforceable. The rules governing residential | 38 |
buildings are uniform requirements for residential buildings in | 39 |
any area with a building department certified to enforce the state | 40 |
residential building code. In no case shall any local code or | 41 |
regulation differ from the state residential building code unless | 42 |
that code or regulation addresses subject matter not addressed by | 43 |
the state residential building code or is adopted pursuant to | 44 |
section 3781.01 of the Revised Code.
| 45 |
(3) The rules adopted pursuant to this section are complete, | 46 |
lawful alternatives to any requirements specified for buildings | 47 |
or industrialized units in any section of the Revised Code. Except | 48 |
as otherwise provided in division (I) of this section, the board | 49 |
shall, on its own motion or on application made under sections | 50 |
3781.12 and 3781.13 of the Revised Code, formulate, propose, | 51 |
adopt, modify, amend, or repeal the rules to the extent necessary | 52 |
or desirable to effectuate the purposes of sections 3781.06 to | 53 |
3781.18 of the Revised Code.
| 54 |
(B) The board shall report to the general assembly proposals | 55 |
for amendments to existing statutes relating to the purposes | 56 |
declared in section 3781.06 of the Revised Code that public health | 57 |
and safety and the development of the arts require and shall | 58 |
recommend any additional legislation to assist in carrying out | 59 |
fully, in statutory form, the purposes declared in that section. | 60 |
The board shall prepare and submit to the general assembly a | 61 |
summary report of the number, nature, and disposition of the | 62 |
petitions filed under sections 3781.13 and 3781.14 of the Revised | 63 |
Code.
| 64 |
(C) On its own motion or on application made under sections | 65 |
3781.12 and 3781.13 of the Revised Code, and after thorough | 66 |
testing and evaluation, the board shall determine by rule that any | 67 |
particular fixture, device, material, process of manufacture, | 68 |
manufactured unit or component, method of manufacture, system, or | 69 |
method of construction complies with performance standards adopted | 70 |
pursuant to section 3781.11 of the Revised Code. The board shall | 71 |
make its determination with regard to adaptability for safe and | 72 |
sanitary erection, use, or construction, to that described in any | 73 |
section of the Revised Code, wherever the use of a fixture, | 74 |
device, material, method of manufacture, system, or method of | 75 |
construction described in that section of the Revised Code is | 76 |
permitted by law. The board shall amend or annul any rule or issue | 77 |
an authorization for the use of a new material or manufactured | 78 |
unit on any like application. No department, officer, board, or | 79 |
commission of the state other than the board of building standards | 80 |
or the board of building appeals shall permit the use of any | 81 |
fixture, device, material, method of manufacture, newly designed | 82 |
product, system, or method of construction at variance with what | 83 |
is described in any rule the board of building standards adopts or | 84 |
issues or that is authorized by any section of the Revised Code. | 85 |
Nothing in this section shall be construed as requiring approval, | 86 |
by rule, of plans for an industrialized unit that conforms with | 87 |
the rules the board of building standards adopts pursuant to | 88 |
section 3781.11 of the Revised Code.
| 89 |
(D) The board shall recommend rules, codes, and standards to | 90 |
help carry out the purposes of section 3781.06 of the Revised Code | 91 |
and to help secure uniformity of state administrative rulings and | 92 |
local legislation and administrative action to the bureau of | 93 |
workers' compensation, the director of commerce, any other | 94 |
department, officer, board, or commission of the state, and to | 95 |
legislative authorities and building departments of counties, | 96 |
townships, and municipal corporations, and shall recommend that | 97 |
they audit those recommended rules, codes, and standards by any | 98 |
appropriate action that they are allowed pursuant to law or the | 99 |
constitution.
| 100 |
(E)(1) The board shall certify municipal, township, and | 101 |
county building departments and the personnel of those building | 102 |
departments, and persons and employees of individuals, firms, or | 103 |
corporations as described in division (E)(7) of this section to | 104 |
exercise enforcement authority, to accept and approve plans and | 105 |
specifications, and to make inspections, pursuant to sections | 106 |
3781.03, 3791.04, and 4104.43 of the Revised Code.
| 107 |
(3) The board shall not require a building department, its | 114 |
personnel, or any persons that it employs to be certified for | 115 |
residential building code enforcement if that building department | 116 |
does not enforce the state residential building code. The board | 117 |
shall specify, in rules adopted pursuant to Chapter 119. of the | 118 |
Revised Code, the requirements for certification for residential | 119 |
and nonresidential building code enforcement, which shall be | 120 |
consistent with this division. The requirements for residential | 121 |
and nonresidential certification may differ. Except as otherwise | 122 |
provided in this division, the requirements shall include, but are | 123 |
not limited to, the satisfactory completion of an initial | 124 |
examination and, to remain certified, the completion of a | 125 |
specified number of hours of continuing building code education | 126 |
within each three-year period following the date of certification | 127 |
which shall be not less than thirty hours. The rules shall provide | 128 |
that continuing education credits and certification issued by the | 129 |
council of American building officials, national model code | 130 |
organizations, and agencies or entities the board recognizes are | 131 |
acceptable for purposes of this division. The rules shall specify | 132 |
requirements that are compatible, to the extent possible, with | 133 |
requirements the council of American building officials and | 134 |
national model code organizations establish.
| 135 |
(6) This division does not require or authorize the board to | 144 |
certify personnel of municipal, township, and county building | 145 |
departments, and persons and employees of persons, firms, or | 146 |
corporations as described in this section, whose responsibilities | 147 |
do not include the exercise of enforcement authority, the approval | 148 |
of plans and specifications, or making inspections under the state | 149 |
residential and nonresidential building codes.
| 150 |
(a) The certification of building department personnel and | 190 |
persons and employees of persons, firms, or corporations | 191 |
exercising authority pursuant to division (E)(7) of this section. | 192 |
The rules shall disqualify any employee of the department or | 193 |
person who contracts for services with the department from | 194 |
performing services for the department when that employee or | 195 |
person would have to pass upon, inspect, or otherwise exercise | 196 |
authority over any labor, material, or equipment the employee or | 197 |
person furnishes for the construction, alteration, or maintenance | 198 |
of a building or the preparation of working drawings or | 199 |
specifications for work within the jurisdictional area of the | 200 |
department. The department shall provide other similarly qualified | 201 |
personnel to enforce the residential and nonresidential building | 202 |
codes as they pertain to that work.
| 203 |
(11) The board of building standards may revoke or suspend | 206 |
certification to enforce the residential and nonresidential | 207 |
building codes, on petition to the board by any person affected by | 208 |
that enforcement or approval of plans, or by the board on its own | 209 |
motion. Hearings shall be held and appeals permitted on any | 210 |
proceedings for certification or revocation or suspension of | 211 |
certification in the same manner as provided in section 3781.101 | 212 |
of the Revised Code for other proceedings of the board of building | 213 |
standards.
| 214 |
(F) In addition to hearings sections 3781.06 to 3781.18 and | 222 |
3791.04 of the Revised Code require, the board of building | 223 |
standards shall make investigations and tests, and require from | 224 |
other state departments, officers, boards, and commissions | 225 |
information the board considers necessary or desirable to assist | 226 |
it in the discharge of any duty or the exercise of any power | 227 |
mentioned in this section or in sections 3781.06 to 3781.18, | 228 |
3791.04, and 4104.43 of the Revised Code.
| 229 |
(G) The board shall adopt rules and establish reasonable fees | 230 |
for the review of all applications submitted where the applicant | 231 |
applies for authority to use a new material, assembly, or product | 232 |
of a manufacturing process. The fee shall bear some reasonable | 233 |
relationship to the cost of the review or testing of the | 234 |
materials, assembly, or products and for the notification of | 235 |
approval or disapproval as provided in section 3781.12 of the | 236 |
Revised Code.
| 237 |
(2) If the board receives a proposed rule to update or amend | 249 |
the state residential building code as provided in division (I)(1) | 250 |
of this section, the board either may accept or reject the | 251 |
proposed rule for incorporation into the residential building | 252 |
code. If the board does not act to either accept or reject the | 253 |
proposed rule within ninety days after receiving the proposed rule | 254 |
from the committee as described in division (I)(1) of this | 255 |
section, the proposed rule shall become part of the residential | 256 |
building code. | 257 |
(B)(1) Except as provided in division (B)(2) of this section, | 274 |
this section applies to any transfer of residential real property | 275 |
that occurs on or after July 1, 1993, by sale, land installment | 276 |
contract, lease with option to purchase, exchange, or lease for a | 277 |
term of ninety-nine years and renewable forever. For purposes of | 278 |
this section, a transfer occurs when the initial contract for | 279 |
transfer is executed, regardless of when legal title is | 280 |
transferred, and references in this section to transfer offers and | 281 |
transfer agreements refer to offers and agreements in respect of | 282 |
the initial contract for transfer. | 283 |
(a) A transfer pursuant to court order, including, but not | 286 |
limited to, a transfer ordered by a probate court during the | 287 |
administration of a decedent's estate, a transfer pursuant to a | 288 |
writ of execution, a transfer by a trustee in bankruptcy, a | 289 |
transfer as a result of the exercise of the power of eminent | 290 |
domain, and a transfer that results from a decree for specific | 291 |
performance of a contract or other agreement between persons; | 292 |
(C) Except as provided in division (B)(2) of this section and | 331 |
subject to divisions (E) and (F) of this section, every person who | 332 |
intends to transfer any residential real property on or after July | 333 |
1, 1993, by sale, land installment contract, lease with option to | 334 |
purchase, exchange, or lease for a term of ninety-nine years and | 335 |
renewable forever shall complete all applicable items in a | 336 |
property disclosure form prescribed under division (D) of this | 337 |
section and shall deliver in accordance with division (I) of this | 338 |
section a signed and dated copy of the completed form to each | 339 |
prospective transferee or prospective transferee's agent as soon | 340 |
as is practicable. | 341 |
(D)(1) Prior to July 1, 1993, theThe director of commerce, | 342 |
by rule adopted in accordance with Chapter 119. of the Revised | 343 |
Code, shall prescribe the disclosure form to be completed by | 344 |
transferors. The form prescribed by the director shall be designed | 345 |
to permit the transferor to disclose material matters relating to | 346 |
the physical condition of the property to be transferred, | 347 |
including, but not limited to, the source of water supply to the | 348 |
property; the nature of the sewer system serving the property; the | 349 |
condition of the structure of the property, including the roof, | 350 |
foundation, walls, and floors; the presence of hazardous materials | 351 |
or substances, including lead-based paint, asbestos, | 352 |
urea-formaldehyde foam insulation, and radon gas; whether the | 353 |
property contains fire extinguishers and carbon monoxide alarms | 354 |
that comply with the standards the director prescribes pursuant to | 355 |
division (M)(2) of this section; and any material defects in the | 356 |
property that are within the actual knowledge of the transferor. | 357 |
The form also shall set forth a statement of the purpose of | 358 |
the form, including statements substantially similar to the | 359 |
following: that the form constitutes a statement of the conditions | 360 |
of the property and of information concerning the property | 361 |
actually known by the transferor; that, unless the transferee is | 362 |
otherwise advised in writing, the transferor, other than having | 363 |
lived at or owning the property, possesses no greater knowledge | 364 |
than that which could be obtained by a careful inspection of the | 365 |
property by a potential transferee; that the statement is not a | 366 |
warranty of any kind by the transferor or by any agent or subagent | 367 |
representing the transferor in this transaction; that the | 368 |
statement is not a substitute for any inspections; that the | 369 |
transferee is encouraged to obtain the transferee's own | 370 |
professional inspection; that the representations are made by the | 371 |
transferor and are not the representations of the transferor's | 372 |
agent or subagent; and that the form and the representations | 373 |
contained therein are provided by the transferor exclusively to | 374 |
potential transferees in a transfer made by the transferor, and | 375 |
are not made to transferees in any subsequent transfers. | 376 |
(F)(1) A transferor of residential real property is not | 403 |
liable in damages in a civil action for injury, death, or loss to | 404 |
person or property that allegedly arises from any error in, | 405 |
inaccuracy of, or omission of any item of information required to | 406 |
be disclosed in the property disclosure form if the error, | 407 |
inaccuracy, or omission was not within the transferor's actual | 408 |
knowledge. | 409 |
(2) If any item of information that is disclosed in the | 410 |
property disclosure form is rendered inaccurate after the delivery | 411 |
of the form to the transferee of residential real property or the | 412 |
transferee's agent as a result of any act, occurrence, or | 413 |
agreement, the subsequent inaccuracy does not cause, and shall not | 414 |
be construed as causing, the transferor of the residential real | 415 |
property to be in noncompliance with the requirements of divisions | 416 |
(C) and (D) of this section. | 417 |
(I) The transferor's delivery under division (C) of this | 433 |
section of a property disclosure form as prescribed under division | 434 |
(D) of this section and the prospective transferee's delivery | 435 |
under division (H) of this section of an acknowledgment of receipt | 436 |
of that form shall be made by personal delivery to the other party | 437 |
or the other party's agent or subagent, by ordinary mail or | 438 |
certified mail, return receipt requested, or by facsimile | 439 |
transmission. For the purposes of the delivery requirements of | 440 |
this section, the delivery of a property disclosure form to a | 441 |
prospective co-transferee of residential real property or a | 442 |
prospective co-transferee's agent shall be considered delivery to | 443 |
the other prospective transferees unless otherwise provided by | 444 |
contract. | 445 |
(J) The specification of items of information that must be | 446 |
disclosed in the property disclosure form as prescribed under | 447 |
division (D)(1) of this section does not limit or abridge, and | 448 |
shall not be construed as limiting or abridging, any obligation to | 449 |
disclose an item of information that is created by any other | 450 |
provision of the Revised Code or the common law of this state or | 451 |
that may exist in order to preclude fraud, either by | 452 |
misrepresentation, concealment, or nondisclosure in a transaction | 453 |
involving the transfer of residential real property. The | 454 |
disclosure requirements of this section do not bar, and shall not | 455 |
be construed as barring, the application of any legal or equitable | 456 |
defense that a transferor of residential real property may assert | 457 |
in a civil action commenced against the transferor by a | 458 |
prospective or actual transferee of that property. | 459 |
(K)(1) Except as provided in division (K)(2) of this section, | 460 |
but subject to divisions (J) and (L) of this section, a transfer | 461 |
of residential real property that is subject to this section shall | 462 |
not be invalidated because of the failure of the transferor to | 463 |
provide to the transferee in accordance with division (C) of this | 464 |
section a completed property disclosure form as prescribed under | 465 |
division (D) of this section. | 466 |
(2) Subject to division (K)(3)(c) of this section, if a | 467 |
transferee of residential real property that is subject to this | 468 |
section receives a property disclosure form or an amendment of | 469 |
that form as described in division (G) of this section after the | 470 |
transferee has entered into a transfer agreement with respect to | 471 |
the property, the transferee, after receipt of the form or | 472 |
amendment, may rescind the transfer agreement in a written, | 473 |
signed, and dated document that is delivered to the transferor or | 474 |
the transferor's agent or subagent in accordance with divisions | 475 |
(K)(3)(a) and (b) of this section, without incurring any legal | 476 |
liability to the transferor because of the rescission, including, | 477 |
but not limited to, a civil action for specific performance of the | 478 |
transfer agreement. Upon the rescission of the transfer agreement, | 479 |
the transferee is entitled to the return of, and the transferor | 480 |
shall return, any deposits made by the transferee in connection | 481 |
with the proposed transfer of the residential real property. | 482 |
(3)(a) Subject to division (K)(3)(b) of this section, a | 483 |
rescission of a transfer agreement under division (K)(2) of this | 484 |
section only may occur if the transferee's written, signed, and | 485 |
dated document of rescission is delivered to the transferor or the | 486 |
transferor's agent or subagent within three business days | 487 |
following the date on which the transferee or the transferee's | 488 |
agent receives the property disclosure form prescribed under | 489 |
division (D) of this section or the amendment of that form as | 490 |
described in division (G) of this section. | 491 |
(d) A rescission of a transfer agreement is not permissible | 501 |
under division (K)(2) of this section if a transferee of | 502 |
residential real property that is subject to this section receives | 503 |
a property disclosure form as prescribed under division (D) of | 504 |
this section or an amendment of that form as described in division | 505 |
(G) of this section prior to the transferee's submission to the | 506 |
transferor or the transferor's agent or subagent of a transfer | 507 |
offer and the transferee's entry into a transfer agreement with | 508 |
respect to the property. | 509 |
(4) If a transferee of residential real property subject to | 510 |
this section does not receive a property disclosure form from the | 511 |
transferor after the transferee has submitted to the transferor or | 512 |
the transferor's agent or subagent a transfer offer and has | 513 |
entered into a transfer agreement with respect to the property, | 514 |
the transferee may rescind the transfer agreement in a written, | 515 |
signed, and dated document that is delivered to the transferor or | 516 |
the transferor's agent or subagent in accordance with division | 517 |
(K)(4) of this section without incurring any legal liability to | 518 |
the transferor because of the rescission, including, but not | 519 |
limited to, a civil action for specific performance of the | 520 |
transfer agreement. Upon the rescission of the transfer agreement, | 521 |
the transferee is entitled to the return of, and the transferor | 522 |
shall return, any deposits made by the transferee in connection | 523 |
with the proposed transfer of the residential real property. A | 524 |
transferee may not rescind a transfer agreement under division | 525 |
(K)(4) of this section unless the transferee rescinds the transfer | 526 |
agreement by the earlier of the date that is thirty days after the | 527 |
date upon which the transferor accepted the transferee's transfer | 528 |
offer or the date of the closing of the transfer of the | 529 |
residential real property. | 530 |
(M)(1) No transferor shall enter into an agreement to | 537 |
transfer residential real property unless that property has | 538 |
installed and operative fire extinguishers and carbon monoxide | 539 |
alarms that comply with the standards the director of commerce | 540 |
establishes pursuant to division (M)(2) of this section. A | 541 |
transferee may rescind a transfer agreement pursuant to the | 542 |
procedures described in division (K)(3)(a) of this section if the | 543 |
transferee receives a form that indicates that the property does | 544 |
not contain functioning fire extinguishers and carbon monoxide | 545 |
alarms required under this division. | 546 |
Section 3. One hundred eighty days after the board of | 554 |
building standards adopts the rules establishing the requirements | 555 |
for fire extinguishers and carbon monoxide alarms pursuant to | 556 |
division (A)(1) of section 3781.10 of the Revised Code, as amended | 557 |
by this act, all residential buildings shall have installed and in | 558 |
operation fire extinguishers and carbon monoxide alarms that | 559 |
satisfy the standards the board establishes. As used in this | 560 |
section, "residential building" has the same meaning as in section | 561 |
3781.06 of the Revised Code. | 562 |