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H. B. No. 428As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Widowfield, Faber, Otterman
A BILL
To amend sections 121.084, 3713.01, 3713.04, 3713.10,
3713.99,
4104.01, 4104.02, 4104.06 to 4104.10,
4104.101,
4104.14, 4104.15, 4104.17, 4104.18,
4104.21,
4104.99, 4105.01, 4105.10, 4105.16, and
4105.17,
to enact new sections 3713.02, 3713.03,
3713.05,
3713.06, 3713.07, 3713.08, and 3713.09 and
sections 4104.05 and 4104.19, and to repeal
sections 3713.02, 3713.03, 3713.05, 3713.051,
3713.06, 3713.07, 3713.08, 3713.09, 3713.11,
4739.01, 4739.02, 4739.03, 4739.04, 4739.05,
4739.06, 4739.07, 4739.08, 4739.09, 4739.10,
4739.11, 4739.12, 4739.13, 4739.14, 4739.15,
4739.16, and 4739.99 of
the Revised Code to modify
the laws administered
and enforced by the Division
of Industrial
Compliance governing elevators,
boilers, bedding,
and stuffed toys.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.084, 3713.01, 3713.04, 3713.10,
3713.99,
4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,
4104.10,
4104.101, 4104.14, 4104.15, 4104.17, 4104.18, 4104.21,
4104.99,
4105.01, 4105.10, 4105.16, and 4105.17 be amended and new
sections
3713.02, 3713.03, 3713.05, 3713.06, 3713.07, 3713.08, and
3713.09
and sections 4104.05 and 4104.19 of the Revised Code be
enacted to
read as follows:
Sec. 121.084. (A) All moneys collected
under sections
1333.96,
3713.02, 3713.06, 3713.07, 3713.09, 3783.05, 3791.07,
4104.07, 4104.18, 4104.42, 4104.44,
4104.45, 4105.17, 4105.20,
4169.03, 4171.04,
4739.14, and 5104.051 of the
Revised Code, and
any other moneys collected by the division of
industrial
compliance shall be paid into the state
treasury to the credit of
the industrial compliance operating
fund, which is hereby created.
The
department of commerce shall use the
moneys in the fund for
paying the operating expenses of the
division and the
administrative assessment described in
division (B) of this
section. (B) The director of commerce, with the approval of the
director
of budget and management, shall prescribe procedures for
assessing the
industrial compliance operating fund a proportionate
share of the
administrative costs of the department of commerce.
The assessment shall be
made in accordance with those procedures
and be paid from the industrial
compliance operating fund to the
division of administration fund created in
section 121.08 of the
Revised Code.
Sec. 3713.01. As used in sections 3713.01 to
3713.11,
inclusive,
3713.10 of the
Revised Code: (A) "Person"
has the same meaning as used in division (C) of
section 1.59 of the Revised Code and also means
an individual,
group of individuals, partnership,
corporation
any limited
company, limited liability partnership, joint stock company, or
other association. (B) "Bedding" means any upholstered furniture
filled with
material, any
mattress, upholstered spring, comforter, bolster,
pad, cushion, pillow,
mattress protector, quilt, and any other
upholstered article, to be used for
sleeping, resting, or
reclining purposes, and any glider, hammock, or other
substantially similar article
which
that is wholly or partly
upholstered. (C)
"Material" means any article, substance, or portions
thereof used in the
manufacture, repair, or renovation of bedding
or stuffed toys. (D) "New material" means any material which has not been
used in the
manufacture of another article, or used for any other
purpose, and includes
by-products of machines at mills using only
new raw material.
(E) "Secondhand material" means any material which is not
"new."
(F) "Shredded clippings" means any material which has been
spun into yarn,
knit or woven in fabric and subsequently cut up,
torn up, broken up, ground up
or
otherwise defabricated and shall
be so designated on a bedding or upholstered
furniture label only
as "shredded clippings."
(G) "Secondhand
articles of bedding" means any article, or
material, or portion thereof of
bedding which
has
been put to
bodily
prior use
by, on, or about any person or animal and is sold
or
offered for sale "as is
has been made in any manner
whatsoever."
(H)(D) "Remade, repaired, or renovated articles
of bedding
not for sale" means
any article
of bedding that is remade,
repaired, or renovated for and is
returned to the owner for
his
the owner's own use.
(I)(E) "Sale," "sell," or "sold" shall, in the corresponding
tense, mean sell,
offer to sell, or deliver or consign in sale, or
possess with intent to sell,
or deliver in sale.
(J)(F) "Upholstered furniture" means any article of
furniture wholly or partly
stuffed or filled with material and
which
that is used or intended for use for
sitting, resting, or
reclining purposes.
(K)(G) "Stuffed toy" means any article intended for use
by
children, as a
plaything, which
or for an educational or
recreational purpose that is wholly or partially stuffed with
material.
(L) "Plaything" means any manufactured item for the
educational or
recreational use of children, or the equivalent
thereof.
(H) "Tag" or "label" means any material prescribed by the
superintendent of industrial compliance to be attached to an
article that contains information required under this
chapter.
Sec. 3713.02. (A) Except as provided in section 3713.05 of
the Revised Code, no person shall import, manufacture, renovate,
or reupholster stuffed toys or articles of bedding in this state
without first registering to do so with the
superintendent of
industrial compliance in accordance with section
3713.05 of the
Revised Code. (B) No person shall manufacture, offer for sale, sell,
deliver, or possess for the purpose of manufacturing, selling, or
delivering, an article of bedding or a stuffed toy that is not
labeled in accordance with section 3713.08 of the Revised Code. (C) No person shall manufacture, offer for sale, sell,
deliver, or possess for the purpose of manufacturing, selling, or
delivering, an article of bedding or a stuffed toy that is falsely
labeled. (D) No person shall sell or offer for sale any secondhand
article of bedding or any secondhand stuffed toy that has not been
sanitized in accordance with section 3713.08 of the Revised Code. (E) The possession of any article of bedding or stuffed toy
in the course of business by a person required to obtain
registration under this chapter, or by that person's agent or
servant shall be prima-facie evidence of the person's intent to
sell the article of bedding or stuffed toy.
Sec. 3713.03. The superintendent of industrial compliance in
the department of commerce shall administer and enforce this
chapter.
Sec. 3713.04.
The director of commerce
(A) In accordance
with Chapter 119. of the Revised Code, the superintendent of
industrial compliance shall: (A)(1) Adopt rules pertaining to the definition, name, and
description of materials necessary to carry out this chapter;
(B) Make recommendations to the director of
administrative
services relative to the qualifications and duties
of the
inspectors
provided for in this chapter;
(C)(2) Determine the testing standards, fees, and charges to
be paid for making any test or analysis required pursuant to
section 3713.08 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the
superintendent may adopt rules regarding the following: (1) Establishing an initial application fee or an annual
registration renewal fee not more than fifty per cent higher than
the
fees set forth in section 4713.05 of the Revised Code; (2) Establishing standards, on a reciprocal basis, for the
acceptance of labels and laboratory analyses from other states
where the labeling requirements and laboratory analysis standards
are substantially equal to the requirements of this state,
provided the other state extends similar reciprocity to labels and
laboratory analysis conducted under this chapter; (3) Any other rules necessary to administer and carry out
this chapter. (C) The superintendent may do any of the following: (1) Issue administrative orders, conduct hearings, and take
all actions necessary under the authority of Chapter 119. of the
Revised Code for the administration of this chapter. The
authority granted under this division shall include the authority
to suspend, revoke, or deny registration under this chapter. (2) Establish and maintain facilities within the department
of commerce to make tests and analysis of materials used in the
manufacture of bedding and stuffed toys. The superintendent also
may designate established laboratories in various sections of the
state that are qualified to make these tests. If the
superintendent exercises this authority, the superintendent shall
adopt rules to determine the fees and charges to be paid for
making the tests or analyses authorized under this section. (3) Exercise such other powers and duties as are necessary
to carry out the purpose and intent of this chapter. If there is practical difficulty or undue hardship in
carrying out this
chapter or
any rule adopted by the director, the
director may make a
variation of such rule if the spirit of such
rule is being
observed.
The director may subsequently approve, amend, modify, or
rescind the rule governing the condition requiring the variation.
Sec. 3713.05. (A) Applications to register to import,
manufacture, renovate, wholesale, make, or reupholster stuffed
toys or bedding in
this state shall be made in writing on forms
provided by the
superintendent of industrial compliance. The
application shall be
accompanied by a registration fee of fifty
dollars per person
unless the applicant engages only in
renovation, in which case the
registration fee shall be
thirty-five dollars. (B) Upon receipt of the application and the appropriate fee,
the superintendent shall register the applicant and assign a
registration number to the registrant. (C) Notwithstanding section 3713.02 of the Revised Code and
division (A) of this section, the following are exempt from
registration: (1) An organization described in section 501(c)(3) of the
"Internal Revenue Code of 1986," and exempt from income tax under
section 501(a) of that code and that is operated exclusively to
provide recreation or social services; (2) A person who is not regularly engaged in the business of
manufacturing, making, wholesaling, or importing stuffed toys but
who manufactures or makes stuffed toys as a leisure pursuit and
who
sells one hundred or fewer stuffed toys within one calendar
year; (3) A person who is not regularly engaged in the business of
manufacturing, making, wholesaling, or importing quilts,
comforters, pillows, or cushions, but who manufactures or makes
these items as a leisure pursuit and who sells five or fewer
quilts, ten or fewer comforters, or twenty or fewer pillows or
cushions within one calendar year. (D) Notwithstanding division (C)(2) or (3) of this section,
a person exempt under that division must attach a label to each
stuffed toy that contains all of the following information: (1) The person's name and address; (2) A statement that the person is not registered by the
state of Ohio; (3) A statement that the contents of the product have not
been inspected.
Sec. 3713.06. (A) Any person who imports bedding or stuffed
toys into this state for retail sale or use in this state and any
person who manufactures bedding or stuffed toys in this state for
retail sale or use in this state shall submit a report to the
superintendent of industrial compliance, in a form and manner
prescribed by the superintendent. The form shall be submitted
once
every six months and shall show the total number of items of
bedding or stuffed
toys imported into this state or manufactured
in this state. Each
report shall be accompanied by a fee of four
cents for each item
of bedding or stuffed toy imported into this
state or manufactured
in this state. (B) Every importer, manufacturer, or wholesaler of stuffed
toys or articles of bedding, and every mobile home and
recreational vehicle dealer, conversion van dealer, secondhand
dealer, and auction house shall retain records, designated by the
superintendent in rule, for the time period established in rule. (C) Every importer, manufacturer, or wholesaler of stuffed
toys or articles of bedding, and every mobile home and
recreational vehicle dealer, conversion van dealer, secondhand
dealer, and auction house shall make sufficient investigation of
its records to ensure that the information reported to the
superintendent under division (A) of this section is accurate.
Sec. 3713.07. (A) Registration obtained under this chapter
expires annually on the last day of the month in the month that
the registration was obtained. The superintendent of industrial
compliance shall renew the registration in accordance with Chapter
4745. of the Revised Code. (B) Failure on the part of any registrant to renew
registration prior to its expiration, when notified as required in
this section, shall not deprive the person of the right to renewal
within the ninety days that follow expiration, but the fee to be
paid for renewal after its expiration shall be one hundred dollars
plus the standard registration fee for the registrant. (C) If a registrant fails to renew registration within ninety
days of the date that it expired, the former registrant shall
comply with the registration requirements under section 3713.05 of
the Revised Code to obtain valid registration.
Sec. 3713.08. (A) All persons manufacturing, making, or
wholesaling bedding or stuffed toys, or both, that are sold or
offered for sale shall have the material content of their products
tested and analyzed at an established laboratory designated by the
superintendent of industrial compliance before the bedding or
stuffed toys are sold or offered for sale. (B) Every stuffed toy or item of bedding sold or offered for
sale shall have a label affixed to it that reports the contents of
the stuffed toy or bedding material in conformity with
requirements established by the superintendent. (C) The seller of any secondhand articles of bedding or
stuffed toys shall sanitize all items in accordance with rules
established by the superintendent prior to the sale of or the
offering for sale of any secondhand articles. (D) This section does not apply to any of the following: (1) Persons who meet the qualifications of division (C)(2)
or (3) of section 3713.05 of the Revised Code; (2) The sale of furniture more than fifty years old; (3) The sale of furniture from the home of the owner
directly to the purchaser.
Sec. 3713.09. (A) The superintendent of industrial
compliance may appoint inspectors and periodically inspect and
investigate any establishment where bedding or stuffed toys are
manufactured, made, remade, renovated, repaired, sanitized, sold,
or offered for sale, or where previously used material is
processed for use in the manufacture of bedding or stuffed toys. (1) Each inspector shall make a written report to the
superintendent of each examination and inspection complete with
the inspector's findings and recommendations. Inspectors
may
place "off sale" any article of bedding or stuffed toy offered
for
sale, or found in the possession of any person with the intent
to
sell, in violation of section 3713.02 of the Revised Code.
Inspectors shall
perform other duties related to inspection and
examination as
prescribed by the superintendent. (2) When articles are placed "off sale" under division (A)(1)
of this section, they shall be tagged, and the tag shall not be
removed except by an authorized representative of the division of
industrial compliance after the violator demonstrates to the
satisfaction of the superintendent proof of compliance with the
requirements of section 3713.08 of the Revised Code. (B)(1) When an inspector has cause to believe that any
bedding or stuffed toy is not tagged or labeled in accordance with
section 3713.08 of the Revised Code, the inspector may open any
seam of the bedding or
stuffed toy in question to examine the
material used or contained
within it and take a reasonable amount
of the material for testing
and analysis and, if necessary,
examine any and all purchase
records in order to determine the
contents or the kind of material
used in the bedding or stuffed
toy in question. An inspector
may seize and hold evidence of any
article of bedding, stuffed
toy, or material manufactured, made,
possessed, renovated, remade,
or repaired, sold, or offered for
sale contrary to this chapter. (2) Immediately after seizing articles believed to be in
violation of this chapter, the inspector immediately shall
report
the seizure to the superintendent. The superintendent
shall hold
a hearing in accordance with Chapter 119. of the
Revised Code or
make a ruling in the matter. If the
superintendent finds that the
article of bedding, stuffed toy, or
material is not in violation
of this chapter, the superintendent
shall order the item or items
returned to the owner. If the
superintendent finds a violation of
this chapter, the superintendent may do
either of the following: (a) Return the articles to the owner for proper treatment,
tagging or labeling, or other action as ordered by the
superintendent, subject to the requirement that the articles be
reinspected at cost to the owner, prior to being sold or offered
for sale; (b) Report the violation to the appropriate prosecuting
attorney or city law director. (C) The superintendent, at reasonable times and upon
reasonable notice, may examine or cause to be examined the records
of any importer, manufacturer, or wholesaler of stuffed toys or
articles of bedding, mobile home and recreational vehicle dealer,
conversion van dealer, secondhand dealer, or auction house to
determine compliance with this chapter. The superintendent may
enter into contracts, pursuant to procedures prescribed by the
superintendent, with persons to examine these records to determine
compliance with this chapter. These persons may collect and remit
to the superintendent any amounts due under this chapter. (D) Records audited pursuant to division (C) of this section
are confidential and shall not be disclosed except as required by
section 149.43 of the Revised Code, or as the superintendent finds
necessary for the proper administration of this chapter. (E) In the case of any investigation or examination, or both,
that requires investigation or examination outside of this state
of any importer, manufacturer, or wholesaler of stuffed toys or
articles of bedding, or of any mobile home or recreational vehicle
dealer, conversion van dealer, secondhand dealer, or auction
house, the superintendent may require the investigated or examined
person to pay the actual expense of the investigation or
examination. The superintendent shall provide an itemized
statement of actual expenses to the investigated or examined
person. (F) Whenever the superintendent has reason to believe, from
the superintendent's own information, upon complaint, or
otherwise, that any person has engaged in, is engaging in, or is
about to engage in any practice prohibited by this chapter, or
when the superintendent has reason to believe that it is necessary
for public health and safety, the superintendent may do any of the
following: (1) Investigate violations of this chapter, and for that
purpose, may subpoena witnesses in connection with the
investigation. The superintendent may make application to the
appropriate court of common pleas for an order enjoining the
violation of this chapter, and upon a showing by the
superintendent that any registrant or person acting in a manner
that requires registration has violated or is about to violate
this chapter, an injunction, restraining order, or other order as
may be appropriate shall be granted by the court. (2) Compel by subpoena the attendance of witnesses to testify
in relation to any matter over which the superintendent has
jurisdiction and that is the subject of inquiry and investigation
by the superintendent, and require the production of any book,
paper, or document pertaining to the matter. In case any person
fails to file any statement or report, obey any subpoena, give
testimony, or produce any books, records, or papers as required by
a subpoena, the court of common pleas of any county in the state,
upon application made to it by the superintendent, shall compel
obedience by attachment proceedings for contempt. (3) Suspend or revoke the registration of any importer,
manufacturer, or wholesaler of stuffed toys or articles of
bedding, mobile home or recreational vehicle dealer, conversion
van dealer, secondhand dealer, or auction house; (4) Submit evidence of the violation or violations to any
city prosecutor, city director of law, or prosecuting attorney
with authority to prosecute. If the city prosecutor, city
director of law, or prosecuting attorney with authority to
prosecute fails to prosecute, the superintendent shall submit the
evidence to the attorney general who may proceed with the
prosecution.
Sec. 3713.10.
Sections 3713.01 to 3713.11, inclusive, of the
Revised Code
All money collected under this chapter shall be
governed by and be in accordance with sections 119.01 to 119.13,
inclusive,
deposited into the state treasury to the credit of the
industrial compliance operating fund created under section 121.084
of the Revised Code.
Sec. 3713.99. (A) Whoever violates
division (A), (B), or
(D) of section
3713.09
3713.02 of the Revised Code
shall
be fined
not less than twenty-five nor more than five hundred dollars or
imprisoned not more than six months, or both
is guilty of a
misdemeanor of the fourth degree. (B) Whoever violates division (C) of section 3713.02 of the
Revised Code is guilty of a misdemeanor of the third degree.
Sec. 4104.01. As used in sections 4104.01 to 4104.20 and
section 4104.99 of
the Revised Code: (A) "Board of building standards" or "board" means the board
established by section 3781.07 of the Revised Code. (B) "Superintendent" means the
office of superintendent of
the division of
industrial compliance created by section 121.04 of
the Revised Code. (C) "Boiler" means a closed vessel in which water is heated,
steam is generated, steam is superheated, or any combination
thereof, under pressure or vacuum for use externally to itself by
the direct application of heat from the combustion of fuels, or
from electricity or nuclear energy. "Boiler" includes fired
units
for heating or vaporizing liquids other than water where
these
units are separate from processing systems and are complete
within
themselves. (D) "Power boiler" means a boiler in which steam or other
vapor (to be used externally to itself) is generated at a
pressure
of more than fifteen psig. (E) "High pressure, high temperature water boiler" means a
water heating boiler operating at pressures exceeding one hundred
sixty psig or temperatures exceeding two hundred fifty degrees
Fahrenheit. (F) "Low pressure boiler" means a steam boiler operating at
pressures not exceeding fifteen psig, or a hot water heating
boiler operating at pressures not exceeding one hundred sixty
psig
or temperatures not exceeding two hundred fifty degrees
Fahrenheit. (G) "Unfired pressure vessel" means a
vessel in which
container for the
containment of pressure, either internal or
external. This pressure
is
may be obtained from an external
source or by the
application of heat from
an
a direct or indirect
source
or any combination thereof. (H) "Process boiler" means a
boiler to which all of the
following apply: (1) The steam in the boiler is either
generated or
superheated, or both, under pressure or vacuum for
use external to
itself. (2) The source of heat for the boiler
is in part or in whole
from a process other than the boiler itself. (3) The boiler is part of a continuous processing unit, such
as used in
chemical manufacture
or petroleum refining, other than
a steam-generated process
unit.
(I) "Stationary steam engine" means an engine or turbine in
which the mechanical force arising from the elasticity and
expansion action of steam or from its property of rapid
condensation or from a combination of the two is made available as
a motive power.
Sec. 4104.02. The board of building standards shall: (A) Formulate rules for the construction, installation,
inspection, repair, conservation of energy, and operation of
boilers and the construction, inspection, and repair of unfired
pressure vessels and for ascertaining the safe working pressures
to be carried on such boilers and unfired pressure vessels and
the
qualification of inspectors of boilers and unfired pressure
vessels; (B) Prescribe tests, if it is considered necessary, to
ascertain the qualities of materials used in the construction of
boilers and unfired pressure vessels; (C) Adopt rules regulating the construction and sizes of
safety valves for boilers and unfired pressure vessels of
different sizes and pressures, for the construction, use, and
location of fusible plugs, appliances for indicating the pressure
of steam and level of water in the boiler or unfired pressure
vessels, and such other appliances as the board considers
necessary to safety in operating boilers; (D)
Make a standard form of certificate of operation for
boilers; (E) Establish reasonable fees for the performance of
reviews, surveys, or audits of manufacturer's facilities by the
division of industrial compliance for certification by the
American
society of mechanical engineers and the national board of
boiler
and pressure vessel inspectors.;
(E) The definitions and rules adopted by the board for the
construction, installation, inspection, repair, conservation of
energy, and operation of boilers and the construction,
inspection,
and repair of unfired pressure vessels and for
ascertaining the
safe working pressures to be used on such
boilers and unfired
pressure vessels shall be based upon and
follow generally accepted
engineering standards, formulae, and
practices established and
pertaining to boilers and unfired
pressure vessel construction,
operation, and safety, and the
board may, for this purpose, adopt
existing published standards
as well as amendments thereto
subsequently published by the same
authority. When a person desires to manufacture a special type of
boiler
or unfired pressure vessel, the design of which is not
covered by
the rules of the board,
he
the person shall submit
drawings and
specifications of such boiler or unfired pressure vessel to the
board for investigation, after which the board may permit its
installation. The provisions of sections 119.03 and 119.11 of the Revised
Code in particular, and the applicable provisions of Chapter 119.
of the Revised Code in general, shall govern the proceedings of
the board of building standards in adopting, amending, or
rescinding rules pursuant to this section.
Sec. 4104.05. (A) No person shall operate a low pressure
boiler at more than thirty horsepower, unless one of the following
applies to that person: (1) The person is licensed as a steam engineer, high
pressure boiler operator, or low pressure boiler operator in
accordance with section 4104.19 of the Revised Code. (2) The person is working under the direct supervision of a
steam engineer, high pressure boiler operator, or low pressure
boiler operator. (B) No person shall operate a power boiler at more than
thirty horsepower unless one of the following applies to
that
person: (1) The person is licensed as a steam engineer or high
pressure boiler operator in accordance with section 4104.19 of the
Revised Code. (2) The person is working under the direct supervision of a
steam engineer or high pressure boiler operator. (C) No person shall operate a stationary steam engine at
more than thirty horsepower unless one of the following applies to
that person: (1) The person is licensed as a steam engineer in accordance
with section 4104.19 of the Revised Code. (2) The person is working under the direct supervision of a
steam engineer.
Sec. 4104.06.
(A) The inspection of boilers and their
appurtenances and unfired
pressure vessels shall be made by the
inspectors mentioned in sections 4104.07
to 4104.20 of the Revised
Code, under the supervision of the. The superintendent
of
the
division of industrial compliance, and he shall administer and
enforce
such sections and rules adopted by the board of building
standards pursuant to
section 4104.02 of the Revised Code.
(B) The superintendent shall adopt, amend, and repeal rules
exclusively for the issuance, renewal, suspension, and revocation
of certificates of competency and certificates of operation, for
conducting hearings in accordance with Chapter 119. of the Revised
Code related to these actions, and for the
inspection of boilers
and their appurtenances, and unfired
pressure vessels. (C) Notwithstanding division (B) of this section, the
superintendent shall not adopt rules relating to construction,
maintenance, or repair of boilers and their appurtenances, or
repair of unfired pressure vessels. (D) The superintendent and each general inspector may enter
any premises and any building or room at all reasonable hours to
perform an examination or inspection.
Sec. 4104.07.
(A) An application for examination as an
inspector of boilers and unfired pressure vessels shall be in
writing, accompanied by a fee of fifty dollars, upon a blank to
be
furnished by the superintendent of
the division of
industrial
compliance. Any moneys collected under this section shall be paid
into the state treasury to the credit of the industrial compliance
operating
fund created in section 121.084 of the Revised Code. (B) The superintendent shall determine if an applicant meets
all the
requirements for examination in accordance with rules
adopted by
the board of building standards under section 4104.02
of the
Revised Code. An application shall be rejected which
contains
any willful falsification, or untruthful statements. (C) An applicant shall be examined by the superintendent,
by
a written
examination, prescribed by the board, dealing with the
construction, installation, operation, maintenance, and repair of
boilers and unfired pressure vessels and their appurtenances, and
the applicant shall be accepted or rejected on the merits of
his
the
applicant's
application and examination. A rejected applicant is entitled, after the expiration of
ninety days and upon payment of an examination fee of fifty
dollars, to another examination.
(D) Upon a favorable report by the superintendent of the
result of an
examination, the superintendent shall immediately
issue to the
successful
applicant a certificate of competency to
that effect.
Sec. 4104.08.
(A) The director of commerce may appoint from
the
holders of
certificates of competency provided for in section
4104.07 of the Revised
Code, general inspectors of boilers and
unfired pressure vessels. (B) Any company authorized to insure boilers and unfired
pressure vessels against explosion in this state may designate
from holders of certificates of competency issued by the
superintendent of
the division of industrial compliance, or
holders of certificates of competency or commissions issued
by
other states or nations whose examinations for certificates or
commissions
have been approved by the board of building standards,
persons to inspect and
stamp boilers and unfired pressure vessels
covered by the company's policies,
and the superintendent shall
issue to such persons commissions authorizing
them to act as
special inspectors. Special inspectors shall be compensated by
the company designating them.
The board (C) The director of commerce shall establish an annual fee
to be
charged by the superintendent for each certificate of
competency
or commission
the superintendent issues. Any state or municipal corporation may designate from holders
of certificates
of competency, issued by the superintendent,
persons to inspect and stamp
boilers and unfired pressure vessels
during construction under such rules as
may be adopted by the
board, provided the boiler or unfired pressure vessel conforms in
every detail with the rules.
(D) The superintendent shall issue to each
of such
appointees
general or special inspector a
commission to the effect
that the holder thereof is authorized to
inspect boilers and
unfired pressure vessels
for the
in this state. (E) No person shall be authorized to act
for the state,
either
as a general inspector or a special inspector, who is
directly or
indirectly interested in the manufacture or sale of
boilers or
unfired pressure vessels.
Sec. 4104.09. The certificate of competency issued under
section 4104.07 of
the Revised Code or the commission provided for
in section 4104.08 of the
Revised Code may be revoked by the
superintendent of
the division
of industrial compliance
for the
incompetence or untrustworthiness of the holder thereof, or for
willful falsification of any matter or statement contained in
his
the holder's application
or in a report of any inspection. A
person whose commission is revoked may
appeal in accordance with
section 119.12
Chapter 119 of the Revised Code. If a
certificate
or commission is lost or destroyed, a new certificate or
commission shall be issued in its place without another
examination. All certificates of competency or commissions issued prior to
October 15,
1965,
are valid unless revoked.
Sec. 4104.10. All unfired pressure vessels, except unfired
pressure vessels
exempt under section 4104.04 of the Revised Code,
shall be thoroughly
inspected during fabrication and upon
completion
by either a general or
special inspector, and shall not
be operated until a copy of the
manufacturers' data report,
properly executed and signed by the inspector is
filed in the
office of the superintendent of
the division of
industrial
compliance. All
unfired pressure vessels shall conform in every
detail with applicable rules
adopted by the board of building
standards pursuant to
section 4104.02 of the Revised Code.
Sec. 4104.101. (A)
Every contractor
No person shall
be
registered
with the division of
industrial compliance before
installing
install or
making
make
major repairs
or modifications
to any boiler
without first registering to do so with the division
of industrial compliance. (B)
Every contractor
No person shall
obtain a permit from the
division
prior to making
an
make any installation or major repair
or modification of
any boiler
without first obtaining a permit to
do so from the division. The permit
application form shall
provide the name
and address of the owner, location of
the boiler,
and type of
repair or modification that will be made. The
application permit
fee shall be fifty dollars. (C) The superintendent of
the division of
industrial
compliance shall
require annual
registration of all contractors
who install, make major repairs to, or modify
any boiler. The
board of building standards shall establish a reasonable fee
to
cover the cost of processing registrations.
Sec. 4104.14. The owner or user of a boiler required by
sections 4104.01 to
4104.20, inclusive, of the Revised Code, to be
inspected shall, after due
notice, prepare the boiler for internal
and external inspection at the
appointed time, by drawing
the
water from the boiler and removing the manhole and handhole plates
and
thoroughly cleaning the boiler and its setting.
The inspector
shall give such
owner or user at least fourteen days' notice to
prepare the boiler for such
inspection, but need not give notice
for inspection under operating
conditions. The inspector, when
making inspections under operating
conditions, shall observe the
pressure carried and the general condition of
each
boiler, and
ascertain if the safety valve and the appliances for indicating
the pressure and level of water in the boiler are in proper
working order. No
person shall remove or tamper with any safety
appliances prescribed by the
board of building standards, and no
person shall in any manner load the safety
valve to a greater
pressure than that allowed by the certificate of operation.
If in
the judgment of the inspector it is advisable to apply a
hydrostatic
pressure test to the boiler, the owner or user shall
prepare the boiler for
such test, and apply the test which shall
be witnessed by the inspector.
Sec. 4104.15.
(A) All certificates of inspection for
boilers,
issued prior to October 15, 1965, are valid and effective
for the
period set forth in such certificates unless sooner
withdrawn by
the superintendent of
the division of industrial
compliance. The owner or
user of any such boiler shall obtain an
appropriate certificate
of operation for such boiler
on or before
the expiration date of
such certificate of inspection, and shall
not operate such
boiler, or permit it to be operated
after such
expiration date
unless a certificate of operation has been
obtained
in accordance with section 4104.17 of the Revised Code. (B) If, upon making the internal and external inspection
required under sections 4104.11, 4104.12, and 4104.13 of the
Revised Code, the inspector finds the boiler to be in safe
working
order, with the fittings necessary to safety, and
properly set up,
upon
his
the inspector's report to the
superintendent, the
superintendent shall
issue to the owner or user
thereof, or renew,
upon application and upon compliance with
sections 4104.17 and
4104.18 of the Revised Code, a certificate
of operation which
shall state the maximum pressure at which the
boiler may be
operated, as ascertained by the rules of the board
of building
standards. Such certificates shall also state the
name of the
owner or user, the location, size, and number of each
boiler, and
the date of issuance, and shall be so placed as to be
easily read
in the engine room or boiler room of the plant where
the boiler is
located, except that the certificate of operation
for a portable
boiler shall be kept on the premises and shall be
accessible at
all times. (C) If an inspector at any inspection finds that the boiler
or unfired pressure vessel is
not in safe working condition, or is
not provided with the
fittings necessary to safety, or if the
fittings are improperly
arranged,
he
the inspector shall
immediately notify the owner or
user and
person in charge of the
boiler and shall report the same to the
superintendent who
shall
withdraw or withhold such
may revoke, suspend, or deny the
certificate
of operation and not renew the same until the boiler
or unfired pressure vessel and its fittings are put in
condition
to insure safety of operation, and the owner or user
shall not
operate the boiler
or unfired pressure vessel, or permit it to be
operated until
such certificate has been granted or restored.
(D) If the superintendent or a general boiler inspector
finds that an unfired pressure vessel or boiler or a part thereof
poses an explosion hazard that reasonably can be regarded as
posing an imminent danger of death or serious physical harm to
persons, the superintendent or the general boiler inspector shall
seal the unfired pressure vessel or boiler and order, in writing,
the operator or owner of the unfired pressure vessel or boiler to
immediately cease the unfired pressure vessel's or boiler's
operation. The order shall be effective until the nonconformities
are eliminated, corrected, or otherwise remedied, or for a period
of seventy-two hours from the time of issuance, whichever occurs
first. During the seventy-two-hour period, the superintendent may
request that the prosecuting attorney or city attorney of Franklin
county or of the county in which the unfired pressure vessel or
boiler is located obtain an injunction restraining the operator or
owner of the unfired pressure vessel or boiler from continuing its
operation after the seventy-two-hour period expires until the
nonconformities are eliminated, corrected, or otherwise remedied. (E) Each boiler which has been inspected shall be assigned a
number by the superintendent, which number shall be
stamped on
the
boiler except that in the event the boiler is of cast iron
construction
such number may be stamped on a nonferrous metal tag
affixed to
the boiler or its fittings by seal or otherwise. No
person
except an inspector shall deface or remove any such number
or
tag. (F) If the owner or user of any
unfired pressure vessel or
boiler disagrees with the
inspector as to the necessity for
shutting down a
unfired pressure vessel or boiler or for
making
repairs or alterations in it, or taking any other measures
for
safety that are requested by an inspector, the owner or user
may
appeal from the decision of the inspector to the superintendent,
who may,
after such other inspection by a general inspector or
special inspector as the superintendent deems necessary, decide
the issue. (G) Neither sections 4104.01 to 4104.20 of the
Revised Code,
nor an inspection or report by any inspector, shall
relieve the
owner or user of
a steam
an unfired pressure vessel or boiler of
the duty of using
due care
himself in the inspection, operation,
and repair of the
unfired pressure vessel or boiler or of any
liability for damages for
his failure to
inspect, repair, or
operate the
unfired pressure vessel or boiler safely.
Sec. 4104.17. Certificates of operation issued for boilers
subject to
inspection under Chapter 4104. of the Revised Code
shall be issued and
renewed in accordance with and at dates
prescribed by rules and regulations
adopted by the
board of
building standards
superintendent of industrial compliance.
Sec. 4104.18. (A) The owner or user of a boiler required
under section 4104.12 of the Revised Code to be inspected upon
installation, and the owner or user of a boiler for which a
certificate of inspection has been issued which is replaced with
an appropriate certificate of operation, shall pay to the
superintendent of
the division of industrial compliance a fee in
the amount of
thirty dollars for boilers subject to
annual
inspections under section 4104.11
of the Revised Code,
sixty
dollars for boilers subject to biennial inspection
under section
4104.13 of the Revised Code,
ninety dollars for boilers subject
to
triennial inspection
under section 4104.11 of the Revised
Code, or
one hundred
fifty dollars for boilers subject to quinquennial
inspection under section 4104.13 of the Revised Code
before any
certificate of
operation is issued. A renewal fee in the amount of thirty dollars shall be paid
to the treasurer of state before
the renewal of any certificate of
operation
is
renewed. (B) The fee for complete inspection during construction by
a
general inspector on boilers and unfired pressure vessels
manufactured within the state shall be thirty-five dollars per
hour. Boiler and unfired pressure vessel manufacturers other
than
those located in the state may secure inspection by a
general
inspector on work during construction, upon application
to the
superintendent, and upon payment of a fee of thirty-five
dollars
per hour, plus the necessary traveling and hotel expenses
incurred
by the inspector. (C)
The application fee for applicants for steam engineer,
high pressure boiler operator, or low pressure boiler operator
licenses is fifty dollars. The fee for each original or
renewal
steam engineer, high pressure boiler operator, or low
pressure
boiler operator license is thirty-five dollars. (D) The director of commerce, subject to the
approval of the
controlling board, may establish fees in excess
of the fees
provided in divisions (A)
and, (B), and (C) of this section,
provided that such fees do not exceed the amounts established in
this section by more than fifty per cent. Any moneys collected
under this section shall be paid into the state treasury to the
credit of the industrial compliance operating fund created
in
section 121.084 of the Revised Code. (D)(E) Any person who fails to pay an
invoiced renewal fee
or an invoiced inspection fee required
for any inspection
conducted by the division of industrial
compliance pursuant to
this chapter within forty-five days
after the inspection is
conducted
of the invoice date shall pay a late payment fee equal
to
twenty-five per cent of the
inspection
invoiced fee.
(E)(F) In addition to the fees assessed in divisions (A) and
(B) of this section, the board of building standards shall assess
the owner or user a fee of three dollars and twenty-five cents
for
each certificate of operation or renewal thereof issued under
division (A) of this section and for each inspection conducted
under division (B) of this section. The board shall adopt rules,
in accordance with Chapter 119. of the Revised Code, specifying
the manner by which the superintendent shall collect and remit to
the board
the fees assessed under this division and requiring that
remittance of the
fees be made at least quarterly.
Sec. 4104.19. (A) Any person seeking a license to operate as
a
steam engineer, high pressure boiler operator, or low pressure
boiler operator shall file a written application of industrial
compliance with the superintendent on a form prescribed by the
superintendent with the appropriate application fee as set forth
in section 4104.18 of the Revised Code. The application shall
contain information satisfactory to the superintendent to
demonstrate that the applicant meets the requirements of division
(B) of this section. The application shall be
filed with the
superintendent not more than sixty days and not
less than thirty
days before the license examination is offered. (B) To qualify to take the examination required to obtain a
steam engineer, high pressure boiler operator, or low pressure
boiler operator license, a person shall meet both of the following
requirements: (1) Be at least eighteen years of age; (2) Have one year of experience in the operation of steam
engines, high
pressure boilers, or low pressure boilers as
applicable to the type of license being sought, or a combination
of experience and education for the type of license sought as
determined to be acceptable by the superintendent. (C) No applicant shall qualify to take an examination or to
renew a license if the applicant has violated this chapter or if
the applicant has obtained or renewed a license issued under this
chapter by fraud, misrepresentation, or deception. (D) The superintendent shall issue a license to each
applicant who receives a passing score on the examination, as
determined by the superintendent, for the license for which the
applicant applied. (E) The superintendent shall select and contract with one or
more persons to do all of the following relative to the
examinations for a license to operate as a steam engineer, high
pressure boiler operator, or low pressure boiler operator: (1) Prepare, administer, score, and maintain the
confidentiality of the examination; (2) Maintain responsibility for all expenses required to
fulfill division (E)(1) of this section; (3) Charge each applicant a fee for administering the
examination, in an amount authorized by the superintendent; (4) Design the examination for each type of license to
determine an applicant's competence to operate the equipment for
which the applicant is seeking licensure. (F) Each license issued under this chapter expires one year
after the date of issue. Each person holding a valid, unexpired
license may renew the license, without reexamination, by applying
to the superintendent not more than ninety days before the
expiration of the license, and submitting with the application the
renewal fee established in section 4104.18 of the Revised Code.
Upon receipt of the renewal information and fee, the
superintendent shall issue the licensee a certificate of renewal. (G) The superintendent, in accordance with Chapter 119. of
the Revised Code, may suspend or revoke any license, or may refuse
to issue a license under this chapter upon finding that a licensee
or an applicant for a license has violated or is violating the
requirements of this chapter.
Sec. 4104.21. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
chief of the
division of boiler
inspection
superintendent of industrial compliance shall comply
with
sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under
section 3123.63 of the Revised Code
with respect to a certificate
or license issued pursuant
to this
chapter.
Sec. 4104.99. (A) Whoever violates section 4104.20 of the
Revised Code
shall
be fined not less than twenty nor more than
five hundred dollars
is guilty of a misdemeanor of the third
degree. (B) Whoever violates
division (A) or (B) of section
4104.101
of the Revised Code
shall be fined not
more than five
hundred
dollars
is guilty of a
misdemeanor of the third degree. (C) Whoever violates section 4104.46 of the Revised Code
shall be fined not
less
than fifty nor more than one thousand
dollars for a first offense; for each
subsequent offense such
person shall be fined not less than one hundred nor
more than five
thousand dollars.
Sec. 4105.01. As used in this chapter: (A) "Elevator" means a hoisting and lowering apparatus
equipped with a car, cage, or platform which moves on or between
permanent rails or guides and serves two or more fixed landings
in
a building or structure to which section 3781.06 of the Revised
Code applies.
"Elevator" includes dumb-waiters other than
hand-powered
dumb-waiters, escalators,
manlifts,
moving walks, of
the endless
belt type,
other lifting or lowering
apparatus
permanently installed on or
between rails or guides, and
all
equipment, machinery, and
construction related to any
elevator;
but does not include
construction hoists and other
similar
temporary lifting or
lowering apparatuses, ski lifts,
traveling,
portable amusement
rides or devices that are not
affixed to a
permanent foundation,
or nonportable amusement rides
or devices
that are affixed to a
permanent foundation. (B) "Passenger elevator" means an elevator that is
designed
to carry persons to its contract capacity. (C) "Freight elevator" means an elevator normally used for
carrying freight and on which only the operator and employees in
the pursuit of their duties, by the permission of the employer,
are allowed to ride. (D) "Gravity elevator" means an elevator utilizing gravity
to move. (E) "General inspector" means a state inspector examined
and
hired to inspect elevators and lifting apparatus for that
state. (F) "Special inspector" means an inspector examined and
commissioned by the superintendent of the division of
industrial
compliance to inspect elevators and lifting apparatus in the
state. (G) "Inspector" means either a general or special
inspector.
Sec. 4105.10. (A) Every passenger elevator, escalator,
moving walk, and freight elevator,
including gravity elevators,
shall be inspected
once
twice every
six
twelve months.
Power (B) Power
dumb-waiters, hoists, and other lifting or
lowering apparatus, not designed to carry persons,
permanently
installed, either on or between rails or guides, shall be
inspected at least
once every twelve months.
(C) The board of building standards may designate by rule,
classifications of passenger elevators with a capacity of seven
hundred fifty pounds or less that shall be inspected once every
twelve months.
Sec. 4105.16. Before any new installation of an elevator of
permanent nature
shall be
is erected or before any existing
elevator is removed to
and installed in a different
location, an
application of specifications in duplicate shall be submitted to
the division of industrial compliance giving such information
concerning the
construction, installation, and operation of said
elevator as the division may
require on forms to be furnished by
the division, together with complete
construction plans in
duplicate. In all cases where any changes or repairs
are made
which alter its construction of classification, grade or rated
lifting capacity, except when made pursuant to a report of an
inspector, an
application of specifications in duplicate shall be
submitted to the division,
containing such information, or
approval, except in those municipal
corporations which maintain
their own elevator inspection departments, in
which event such
specifications shall be submitted to the elevator department
of
the municipal corporation for its approval, and if approved, a
permit for
the erection or repair of such elevator shall be issued
by the municipal
corporation. Upon approval of such application
and construction plans,
the
superintendent of
the division of
industrial compliance shall issue a
permit for the
erection or
repair of such elevator. No new elevator shall be operated until
completion in accordance with the approved plans and
specifications, unless a
temporary permit is granted by the
division. The final inspection, before operation, of a permanent, new
or repaired
elevator
shall be classed as a special inspection.
Such final inspection
shall be made by a general inspector, but
the superintendent may designate
or a
special inspector
of a
municipal
corporation to make such final inspection of any
permanent elevator located in
his municipal corporation
designated
by the superintendent.
Sec. 4105.17. (A) The fee for
any
each inspection, or
attempted
inspection that, due to no fault of a general inspector
or the
division of
industrial compliance, is not successfully
completed,
by a general
inspector
before the operation of
a
permanent new elevator prior to the issuance of a certificate of
operation, before operation of an elevator being put back into
service after a repair, or as a result of the operation of section
4105.08 of the Revised Code and is an elevator required to be
inspected
under this
chapter is
thirty
twenty dollars plus
five
ten dollars for each
floor where
the elevator stops. The
superintendent
of the
division of industrial
compliance may assess
a
an additional fee of one hundred twenty-five
dollars plus five
dollars for each floor
where an elevator stops
for the
reinspection of an elevator when a previous
attempt to
inspect
that elevator has been unsuccessful through no fault of a
general
inspector or the division of industrial compliance.
The
(B) The fee for each inspection, or attempted inspection,
that due to no fault of the general inspector or the division of
industrial compliance, is not successfully completed by a general
inspector before operation of a permanent new escalator or moving
walk prior to the issuance of a certificate of operation, before
operation of an escalator or moving walk being put back in service
after a repair, or as a result of the operation of section 4105.08
of the Revised Code is three hundred dollars. The superintendent
of the division of industrial compliance may assess an additional
fee of one hundred fifty dollars for the reinspection of an
escalator or moving walk when a previous attempt to inspect that
escalator or moving walk has been unsuccessful through no fault of
the general inspector or the division of industrial compliance.
(C) The
fee for issuing or renewing a
certificate of
operation under
section 4105.15 of the Revised
Code
for an
elevator that is inspected every six months in accordance with
division (A) of section 4105.10 of the Revised Code is
thirty-five
one hundred five dollars
plus ten dollars for each floor where the
elevator stops, except where the elevator has been inspected by a
special inspector in accordance with section 4105.07 of the
Revised Code.
(D) The fee for issuing or renewing a certificate of
operation under section 4105.05 of the Revised Code for an
elevator that is inspected every twelve months in accordance with
division (A) of section 4105.10 of the Revised Code is fifty-five
dollars plus ten dollars for each floor where the elevator stops,
except where the elevator has been inspected by a special
inspector in accordance with 4105.07 of the Revised Code.
(E) The fee for issuing or renewing a certificate of
operation under section 4105.15 of the Revised Code for an
escalator or moving walk is three hundred dollars, except where
the escalator or moving walk has been inspected by a special
inspector in accordance section 4105.07 of the Revised Code. (B)(F) All other fees to be charged for any examination
given
or other service performed by the division of industrial
compliance pursuant to this chapter shall be prescribed by
the
board of building standards established by section 3781.07 of the
Revised Code
director of commerce. The fees shall be reasonably
related to the costs
of such examination or other service.
(C)(G) The
board of building standards
director of commerce,
subject to the
approval
of the controlling board, may establish
fees in excess
of the fees
provided in
division
divisions (A)
and
(B) of this section, provided
that the fees
do not exceed the
amounts established in
division
divisions
(A)
and (B) of this
section by more than fifty per cent. Any moneys
collected under
this section shall be paid into the state
treasury to the credit
of the industrial compliance
operating fund
created in section
121.084 of the Revised Code.
(D)(H) Any person who fails to pay an inspection fee
required
for any inspection conducted by the division pursuant to
this
chapter within forty-five days after the inspection is
conducted
shall pay a late payment fee equal to twenty-five per
cent of the
inspection fee.
(E)(I) In addition to the
fee
fees assessed in
division
divisions (A), (B), (C), and (D) of
this
section, the board of
building standards shall assess a fee
of
three dollars and
twenty-five cents for each certificate of
operation or renewal
thereof issued under division (A) of this
section and for each
permit issued under section 4105.16 of the
Revised Code. The
board shall adopt rules, in accordance with
Chapter 119. of the
Revised Code, specifying the manner by which
the superintendent
of
the division of
industrial compliance shall
collect
and remit to
the board the fees assessed under this
division and
requiring that
remittance of the fees be made at
least quarterly.
(J) For purposes of this section:
(1) "Escalator" means a power driven, inclined, continuous
stairway used for raising or lowering passengers.
(2) "Moving walk" means a passenger carrying device on
which passengers stand or walk, with a passenger carrying surface
that is uninterrupted and remains parallel to its direction of
motion.
Section 2. That existing sections 121.084, 3713.01, 3713.04,
3713.10,
3713.99, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08,
4104.09,
4104.10, 4104.101, 4104.14, 4104.15, 4104.17, 4104.18,
4104.21,
4104.99, 4105.01, 4105.10, 4105.16, and 4105.17 and
sections
3713.02, 3713.03, 3713.05, 3713.051, 3713.06, 3713.07,
3713.08,
3713.09, 3713.11, 4739.01, 4739.02, 4739.03, 4739.04,
4739.05, 4739.06, 4739.07, 4739.08, 4739.09, 4739.10, 4739.11,
4739.12, 4739.13, 4739.14, 4739.15, 4739.16, and 4739.99 of the
Revised Code are hereby
repealed.
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