To amend sections 307.37, 307.38, 307.381, 307.40, 505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02, 3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102, 3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04, 3791.99, 4703.18, 4733.18, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06, 4740.10, 4740.12, 4740.13, 4740.14, 4929.03, and 4929.04, to enact sections 1312.01 to 1312.05, and to repeal sections 3781.181, 3781.182, 3781.21, and 4933.31 of the Revised Code to require statewide licensing of residential contractors, to establish a statewide uniform building code for residential buildings, to establish a process for granting variances from the statewide uniform residential building code, and to make other changes in the laws governing residential contractors and residential construction.

Section 1. That sections 307.37, 307.38, 307.381, 307.40, 505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02, 3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102, 3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04, 3791.99, 4703.18, 4733.18, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06, 4740.10, 4740.12, 4740.13, 4740.14, 4929.03, and 4929.04 be amended and sections 1312.01, 1312.02, 1312.03, 1312.04, and 1312.05 of the Revised Code be enacted to read as follows:

Sec. 307.37.  (A)(1) The board of county commissioners, in addition to its other powers, may adopt, amend, rescind, administer, and enforce regulations pertaining to the erection, construction, repair, alteration, redevelopment, and maintenance of single-family, two-family, and three-family dwellings the residential or nonresidential building code, or both, established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, within the unincorporated territory of the county, or the board may establish districts in any part of the unincorporated territory and may adopt, amend, rescind, administer, and enforce such regulations in the districts. When adopted, all regulations, including service charges, shall be uniform within all districts in which building codes are established; however, more stringent regulations may be imposed in flood hazard areas and in Lake Erie coastal erosion areas identified under section 1506.06 of the Revised Code in order to prevent or reduce the hazard resulting from flooding and from erosion along Lake Erie. In no case shall the regulations go beyond the scope of regulating the safety, health, and sanitary conditions of such buildings. Any person adversely affected by an order of the board adopting, amending, or rescinding a regulation may appeal to the court of common pleas of the county on the ground that the board failed to comply with the law in adopting, amending, rescinding, publishing, or distributing the regulations, or that the regulation, as adopted or amended by the board, is unreasonable or unlawful, or that the revision of the regulation was unreasonable or unlawful. The board of county commissioners may adopt regulations governing residential buildings, as defined in section 3781.06 of the Revised Code, and separate regulations governing property maintenance on the condition that the regulations govern subject matter that is not addressed by and not in conflict with the residential building code established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code.

(2) A county building code The board may include adopt regulations for participation in the national flood insurance program established in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, and regulations adopted for the purposes of section 1506.04 or 1506.07 of the Revised Code governing the prohibition, location, erection, construction, redevelopment, or floodproofing of new buildings or structures, substantial improvements to existing buildings or structures, or other development in unincorporated territory within flood hazard areas identified under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion areas identified under section 1506.06 of the Revised Code, including, but not limited to, residential, commercial, institutional, or industrial buildings or structures or other permanent structures, as that term is defined in section 1506.01 of the Revised Code. Rules adopted under division (A)(2) of this section shall not conflict with the Ohio building code.

(B) Regulations or amendments may be adopted under this section only after public hearing at not fewer than two regular sessions of the board. The board shall cause to be published in a newspaper of general circulation in the county notice of the public hearings, including time, date, and place, once a week for two weeks immediately preceding the hearings. The proposed regulations or amendments shall be made available by the board to the public at the board office. The regulations or amendments shall take effect on the thirty-first day following the date of their adoption.

(C) No person shall violate any regulation of the board under sections 307.37 to 307.40 of the Revised Code.

Each day during which an illegal location, erection, construction, floodproofing, repair, alteration, development, redevelopment, or maintenance continues may be considered a separate offense.

(D) Regulations Building regulations adopted by resolution of the board pursuant to division (A) of this section do not affect buildings or structures that exist or on which construction has begun on or before the date the regulation or amendment is adopted by the board.

(E) The For purposes of administering and enforcing the residential or nonresidential building code, or both, established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, and the building regulations adopted pursuant to division (A) of this section, the board of county commissioners may provide for create a building regulation department and may employ such personnel as it determines to be necessary for the purpose of enforcing its regulations that administration and enforcement. Upon certification of the building department under section 3781.10 of the Revised Code, the board may direct the county building department to exercise enforcement authority and to accept and approve plans pursuant to sections 3781.03 and 3791.04 of the Revised Code on the condition that the building department and personnel accept plans only for any other kind or the class of building in the unincorporated territory of the county for which the building department and personnel are certified under section 3781.10 of the Revised Code.

Sec. 307.38.  For the purposes of administering and enforcing the building regulations, as provided by adopted under section 307.37 of the Revised Code and the residential or nonresidential building code, or both, established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, the board of county commissioners may create, establish, fill, and fix the compensation of the position of county building inspector. Such position shall be in the competitive classified service, and appointment, promotion, and removal shall be governed by Chapter 124. of the Revised Code. In lieu of the creation of any such position, the board may assign the duties of the office to an existing county officer if the officer is certified pursuant to section 3781.10 of the Revised Code. The duties of the inspector shall be the administration and enforcement of the building regulations and building code.

The board may contract with any municipal corporation in the county for the administration and enforcement of the building regulations and building code and any municipal corporation may contract with the board for the administration and enforcement of the building regulations of such municipal corporation and the building code.

The board, pursuant to a contract authorizing such action, may contract on behalf of one or more municipal corporations within its jurisdiction for another county or another municipal corporation within or outside the county to administer and enforce the state building code and building regulations within the jurisdiction of the municipal corporations seeking those services. The contract on behalf of these municipal corporations shall provide for obtaining the appropriate certification pursuant to division (E) of section 3781.10 of the Revised Code for the exercise of administration and enforcement authority within the municipal corporations and shall specify which political subdivision is responsible for securing that certification.

In a county which has a building department certified pursuant to section 3781.10 of the Revised Code, but not certified through a contract with another political subdivision, and which has a board of building appeals certified pursuant to section 3781.20 of the Revised Code, if the board of county commissioners contracts with a municipal corporation or other county for the first county to administer and enforce the state building code and building regulations within the municipal corporation or within the other county, the contract shall require the certified county board of building appeals to hear appeals from adjudication orders pertaining to the enforcement of Chapters 3781. and 3791. of the Revised Code and any rules adopted pursuant to these chapters within the municipal corporation or other county.

Sec. 307.381.  The board of county commissioners of any county which adopts regulations pursuant to section 307.37 of the Revised Code and which that has a county building department certified pursuant to section 3781.10 of the Revised Code, but not certified through a contract with another political subdivision, may by resolution establish a county board of building appeals, make appointments to the board, and fix the compensation, if any, of the board members. Upon certification under section 3781.20 of the Revised Code, the county board of building appeals shall hear and decide appeals from adjudication orders of the county building inspector or other officer assigned to perform his the building official's duties pertaining to the enforcement within his the building official's jurisdiction of Chapters 3781. and 3791. of the Revised Code and any rules adopted pursuant thereto.

Sec. 307.40.  No person shall erect, construct, alter, repair, or maintain any single-family, two-family, or three-family dwellings residential building as defined in section 3781.06 of the Revised Code, within the unincorporated portion of any county, wherein the board of county commissioners has enacted created a building department to administer and enforce building regulations as provided in adopted pursuant to section 307.37 of the Revised Code, and the residential building code established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, unless such building regulations and residential building code are fully complied with. In the event any building is being erected, constructed, altered, repaired, or maintained in violation of the building regulations adopted by resolution under the authority granted by such section or residential building code, the board, the prosecuting attorney, or the county building inspector of such county or any adjacent, contiguous, or neighboring property owner who would be especially damaged by such violation, in addition to the remedies provided by law, may institute a suit for injunction, abatement, or other appropriate action to prevent such violation of the building regulations relating to the erection, construction, alteration, repair, or maintenance of such residential building code. Sections 307.37 to 307.40, inclusive, of the Revised Code do not confer any power on any board of county commissioners in respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad for the operation of its business.

Sec. 505.73.  The board of township trustees may, by resolution, adopt by incorporation by reference, administer, and enforce within the unincorporated area of the township an existing structures code pertaining to the repair and continued maintenance of structures and the premises of such structures. For such purpose, the board shall adopt any model or standard code prepared and promulgated by the state, any department, board, or other agency of the state, or any public or private organization that publishes a recognized model or standard code on the subject. The board shall ensure that the code adopted is fully compatible with the local residential building code and with the all other rules of the board of building standards adopted pursuant to section 3781.10 of the Revised Code.

The board shall assign the duties of administering and enforcing the code to a township officer or employee who is trained and qualified for such duties and shall establish by resolution the minimum qualifications necessary for performance of such duties.

After the board adopts a code, the township clerk shall post a notice which shall clearly identify the code, state the purpose of the code, state that a complete copy of the code is on file for inspection by the public with the township clerk and in the law library of the county in which the township is located, and state that the clerk has copies available for distribution to the public at cost. The township clerk shall post the notice in five conspicuous places in the township for thirty days before the code becomes effective. The clerk shall also publish the notice in a newspaper of general circulation in the township for three consecutive weeks. If the adopting township amends or deletes any provision of the code, the notice shall contain a brief summary of the deletion or amendment.

If the agency that originally promulgated or published the code thereafter amends the code, any township that has adopted the code pursuant to this section may adopt the amendment or change by incorporation by reference in the same manner as provided for adoption of the original code.

Sec. 505.75.  (A)(1) A board of township trustees may, by resolution adopt by incorporation by reference, administer, and enforce a standard the residential or nonresidential building code pertaining to the erection, construction, repair, alteration, and maintenance of single-family, two-family, and three-family dwellings promulgated by the state, or any department, board, or other agency thereof, or by any municipal corporation or county in this state, or both, established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code within the unincorporated territory of the township, or establish districts in any part of the unincorporated territory and adopt, administer, and enforce such standard code in the affected districts. When adopted, all regulations contained in such code, including those establishing service charges, shall be uniform within all districts in which building codes are established, except that more stringent regulations may be imposed in flood hazard areas in order to prevent or reduce the hazard resulting from flooding. In no case shall regulations exceed the scope of regulating the safety, health, and sanitary conditions of such buildings. Any person adversely affected by a resolution of the board adopting, amending, or rescinding a regulation may seek a declaratory judgment pursuant to Chapter 2721. of the Revised Code on the ground that the board failed to comply with the law in adopting, amending, rescinding, publishing, or distributing the regulation, or that the regulation, as adopted or amended by the board, is unreasonable or unlawful, or that the revision of the regulation was unreasonable or unlawful.

A township building code The board of township trustees may adopt building regulations governing residential buildings, as defined in section 3781.06 of the Revised Code, on the condition that the regulations govern subject matter that is not addressed by and not in conflict with the residential building code established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code.

(2) The board of township trustees may include adopt regulations that are necessary for participation in the national flood insurance program and are not in conflict with the Ohio building code, governing the prohibition, location, erection, construction, or floodproofing of new buildings or structures, or substantial improvements to existing buildings or structures, in unincorporated territory within flood hazard areas identified under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, including, but not limited to, residential, commercial, or industrial buildings or structures.

(3) Except as provided in division (A)(4) of this section, a board of township trustees may adopt regulations governing property maintenance on the condition that the regulations govern subject matter that is not addressed by and not in conflict with the residential building code established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code.

(4) No board of township trustees of a township located within a county in which the board of county commissioners has adopted regulations governing property maintenance shall adopt regulations governing property maintenance.

(B) Regulations or amendments may be adopted under this section only after public hearing at not fewer than two regular sessions of the board and only upon an affirmative vote of all members of the board. The board shall cause to be published in a newspaper of general circulation in the township notice of the public hearings, including time, date, and place, once a week for two weeks immediately preceding the hearings. The proposed regulations or amendments shall be made available by the board to the public at the board office.

The township building code shall be adopted if it is approved by an affirmative vote of all members of the board of township trustees.

The building code and any amendments to the building code adopted by the board become effective thirty days after the date of adoption unless, within thirty days after the adoption of the building code or amendments, there is presented to the board a petition, signed by a number of qualified voters residing in the unincorporated area of the township equal to not less than eight per cent of the total vote cast for all candidates for governor in the area at the most recent general election at which a governor was elected, requesting the board to submit the building code or amendments to the electors of such area for approval or rejection at the next primary or general election.

No building code or amendments for which the referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the building code or amendments. Upon certification by the board of elections they take immediate effect.

(C) The For the purpose of administering and enforcing the residential or nonresidential building code, or both, established under rules adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, and the building regulations adopted pursuant to division (A) of this section, the board of township trustees may establish create a building regulation department and employ personnel as it determines necessary for such administration and enforcement. The board may direct the building department to administer and enforce the residential or nonresidential building code, or both, adopted by the board of building regulations standards. Upon certification of the building department under section 3781.10 of the Revised Code, the board of township trustees may direct the township building department to exercise enforcement authority and to accept and approve plans pursuant to sections 3781.03 and 3791.04 of the Revised Code for any other kind or on the condition that the building department and personnel accept plans for only the class of building in the unincorporated territory of the township for which the building department and personnel are certified under section 3781.10 of the Revised Code.

For the purposes of administering and enforcing the building regulations and building code, the board of township trustees may create, establish, fill, and fix the compensation of the position of township building inspector. The inspector shall be the chief administrative officer of the township building regulation department and shall administer and enforce the building regulations and building code. In lieu of the creation of the position of township building inspector, the board may assign the duties of the inspector to an existing township officer if the officer is certified pursuant to division (E) of section 3781.10 of the Revised Code.

(D) The board of township trustees may contract with any municipal corporation or with a board of county commissioners for the administration and enforcement of building regulations and the building code, and any municipal corporation or board of county commissioners may contract with a board of township trustees for the administration and enforcement of the building regulations of the municipal corporation or county and the building code.

Sec. 505.77.  (A) No person shall erect, construct, alter, repair, or maintain any single-family, two-family, or three-family dwellings residential building, as defined in section 3781.06 of the Revised Code, within the unincorporated portion of any township, if the board of township trustees has adopted created a standard code under section 505.75 building department to administer and enforce building regulations adopted pursuant to division (A) of section 505.75 of the Revised Code and the residential building code adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, without complying with the building regulations and residential building code. No person shall erect, construct, alter, repair, or maintain any residential, commercial, or industrial buildings or structures within the unincorporated area of any township, if a board of township trustees has enacted building regulations under section 505.75 of the Revised Code that are necessary for participation in the national flood insurance program, without complying with such regulations. If any building is being erected, constructed, altered, repaired, or maintained in violation of the building regulations or building code, the board or the township building inspector, or any adjacent, contiguous, or neighboring property owner who would be especially damaged by such violation, in addition to the remedies provided by law, may institute a suit for injunction, abatement, or other appropriate action to prevent the violation of the building regulations or building code relating to the erection, construction, alteration, repair, or maintenance of such building.

(B) Sections 505.75 to 505.77 of the Revised Code do not confer any power on any board with respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad for the operation of its business. Regulations or amendments Building regulations adopted by the board shall and the building code that the building department administers and enforces do not affect buildings or structures which exist or on which construction has begun on or before the date on which the regulations or amendments are adopted by building department begins enforcement of the building code or the date the board adopts the building regulations.

(C) No person shall violate any building regulation of the board adopted under division (A) of section 505.75 of the Revised Code. Each day during which an illegal location, erection, construction, flood-proofing floodproofing, repair, alteration, or maintenance continues may be considered a separate offense.

Sec. 715.27.  (A) Any municipal corporation may:

(1) Regulate the erection of fences, billboards, signs, and other structures, within the municipal corporation, and provide for the removal and repair of insecure billboards, signs, and other structures;

(2) Regulate the construction and repair of wires, poles, plants, and all equipment to be used for the generation and application of electricity;

(3) Provide for the licensing of house movers; plumbers; sewer tappers; and vault cleaners; and specialty contractors who are not required to hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code.

A municipal corporation may, pursuant to division (A)(3) of this section, require all specialty contractors other than those who hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, to successfully complete an examination, test, or demonstration of technical skills, and may impose a fee and additional requirements for a license or registration to engage in their respective occupations within the jurisdiction of the municipal corporation.

(B) No municipal corporation shall require any specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage in the type of contracting for which the license is held, within the municipal corporation.

(C) For a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, before that specialty contractor may engage in the type of contracting for which the license is held within the municipal corporation, a municipal corporation may require the contractor to register with the municipal corporation and may impose a fee, provided that the fee is the same for all specialty contractors who wish to engage in that type of contracting, and may require a bond and proof of all of the following:

(1) Insurance pursuant to division (B)(4) of section 4740.06 of the Revised Code;

(2) Compliance with Chapters 4121. and 4123. of the Revised Code;

(3) Registration with the tax department of the municipal corporation.

If a municipal corporation requires registration, imposes such a fee, or requires a bond or proof of the items listed in divisions (C)(1), (2), and (3) of this section, the municipal corporation immediately shall permit a contractor who presents proof of holding a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, who registers, pays the fee, obtains a bond, and submits the proof described under divisions (C)(1), (2), and (3) of this section, as required, to engage in the type of contracting for which the license is held, within the municipal corporation.

(D) A municipal corporation may revoke the registration of a contractor registered with that municipal corporation for good cause shown. Good cause shown includes the failure of a contractor to maintain a bond or the items listed in divisions (C)(1), (2), and (3) of this section, if the municipal corporation requires those.

(E) A municipal corporation that licenses requires specialty contractors pursuant to division (A)(3) of this section may accept, for purposes of satisfying the requirements of that division, register with the municipal corporation shall not register a special contractor who does not have a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by a specialty contractor, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(F) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, or residential contractor, as those terms are defined in section 4740.01 of the Revised Code.

Sec. 1312.01. As used in this chapter:

(A) "Claimant" means a homeowner or prospective homeowner who asserts a claim against a residential contractor concerning a construction defect.

(B) "Construction defect" means a deficiency or perceived deficiency that arises directly or indirectly out of the design, construction, alteration, or renovation of or addition to a residential building that is the subject of a claim against a residential contractor.

(C) "Dwelling action" means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect.

(D) "Residential building" has the same meaning as in section 3781.06 of the Revised Code.

(E) "Residential contractor" has the same meaning as in section 4740.01 of the Revised Code.

Sec. 1312.02. (A) Before a claimant commences arbitration proceedings or brings a dwelling action against a residential contractor, the claimant, at least ninety days before commencing that proceeding or filing that dwelling action, shall serve a claim notice asserting a claim involving construction defects on the residential contractor.

(B) The claimant shall include all of the following information in the claim notice:

(1) The name, address, and telephone number of the claimant and residential contractor;

(2) The address of the residential building that is the subject of the claim;

(3) A statement asserting a claim involving construction defects;

(4) An itemized list of every construction defect for which the claim is asserted;

(5) A copy of any documentation concerning construction defects produced by a third party who inspected the construction defects for the claimant.

(C) A claimant shall provide to a residential contractor evidence or a description of evidence depicting the nature and, if known, the cause of the construction defects and, if known, the nature and extent of repairs necessary to remedy the construction defects, if the residential contractor requests this information.

Sec. 1312.03. (A) By not later than twenty-one days after service of a claim notice under section 1312.02 of the Revised Code is complete, a residential contractor shall serve on the claimant a good faith written response to the claim notice. In the response, the residential contractor shall indicate one of the following:

(1) That the residential contractor is offering to inspect the residential building that is the subject of the claim;

(2) That the residential contractor is offering to compromise and settle the claim without an inspection;

(3) That the residential contractor disputes the claim and will not remedy the defect or compromise and settle the claim.

(B) If a residential contractor fails to comply with division (A) of this section, a claimant may commence an arbitration proceeding or file a dwelling action without further notice to the residential contractor and may preclude the residential contractor from asserting that the claimant failed to comply with this chapter.

(C) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the residential contractor may take reasonable steps to document the repair and to inspect the repair or have it inspected.

Sec. 1312.04. (A) If a claimant rejects a residential contractor's offer either to inspect the residential building that is the subject of a claim or to settle the claim without an inspection, the claimant shall, within fourteen days after receiving notice of this offer, provide to the residential contractor written notice of the rejection that includes the reason for the rejection. After providing this notice, a claimant may commence an arbitration proceeding or file a dwelling action.

(B) If a claimant agrees to allow a residential contractor to inspect the residential building that is the subject of a claim, the claimant shall, within fourteen days after receiving notice of this offer to inspect pursuant to division (A) of section 1312.03 of the Revised Code, allow reasonable access to the residential building during normal working hours. The residential contractor shall inspect the residential building and undertake reasonable measures, including but not limited to testing, to determine the nature and cause of the construction defects and the appropriate remedy.

(C) By not later than fourteen days after a residential contractor conducts an inspection described in division (B) of this section, the residential contractor must serve on the claimant one of the following:

(1) A written offer to remedy the defect at no cost to the claimant along with all of the following:

(a) An inspection report;

(b) A prediction of the additional construction necessary to remedy the defects;

(c) A timetable for completion of the construction necessary to remedy the defects.

(2) A written offer to settle the claim;

(3) A written statement that the residential contractor does not intend to remedy the construction defects.

(D) A claimant may commence an arbitration proceeding or file a dwelling action if a residential contractor fails to remedy construction defects within the time specified in a notice served on the claimant by the residential contractor pursuant to division (C)(1) of this section or fails to settle the claim as promised in a notice served on the claimant by the residential contractor pursuant to division (C)(2) of this section.

(E) If a claimant rejects a residential contractor's offer to remedy construction defects or settle a claim, the claimant, within fourteen days after receiving notice of this offer, shall serve on the residential contractor written notice of the rejection that includes the reason for the rejection. After service of this rejection notice is complete, the claimant may commence an arbitration proceeding or file a dwelling action.

Sec. 1312.05. Service of any notice under this chapter tolls all applicable statutes of limitations or repose until sixty days after the end of the time period allowed under this chapter for serving a notice.

If a claimant files a dwelling action without first complying with this chapter, the court shall dismiss the dwelling action without prejudice. The claimant may file the dwelling action again after the claimant complies with this chapter.

This chapter does not apply to personal injury or death claims.

Sec. 3703.01.  The division of industrial compliance in the department of commerce shall:

(A) Inspect all nonresidential buildings within the meaning of section 3781.06 of the Revised Code;

(B) Condemn all unsanitary or defective plumbing that is found in connection with such places;

(C) Order such changes in plumbing as are necessary to insure the safety of the public health.

The division of industrial compliance and boards of health of city and general health districts shall not inspect plumbing or collect fees for inspecting plumbing in particular types of buildings in any municipal corporation that has been certified by the board of building standards under section 3781.10 of the Revised Code to exercise enforcement authority for plumbing in such types of buildings.

The division shall not inspect plumbing or collect fees for inspecting plumbing in particular types of buildings in any health district that has employed one or more approved plumbing inspectors to enforce Chapters 3781. and 3791. of the Revised Code and the regulations rules adopted pursuant thereto relating to plumbing in such types of buildings.

A municipal corporation does not have jurisdiction to inspect plumbing or collect fees for the inspection of plumbing in types of buildings for which it has not been certified by the board of building standards under section 3781.10 of the Revised Code to exercise enforcement authority for plumbing in such types of buildings. A board of health of a health district does not have jurisdiction to inspect plumbing or collect fees for the inspection of plumbing in types of buildings for which it does not have an approved plumbing inspector for such types of buildings.

The superintendent of industrial compliance shall adopt rules prescribing minimum qualifications based on education, training, experience, or demonstrated ability, which the director shall use in approving plumbing inspectors to do plumbing inspections for health districts. Such minimum qualifications shall be related to the types of buildings for which a person seeks approval.

Standards and methods prescribed in local plumbing regulations shall not be less than those prescribed in Chapters 3781. and 3791. of the Revised Code and the regulations rules adopted thereunder.

The Notwithstanding any other provision of this section, the division shall make a plumbing inspection of any building or other place that there is reason to believe is in such a condition as to be a menace to the public health.

Sec. 3722.02.  A person seeking a license to operate an adult care facility shall submit to the director of health an application on a form prescribed by the director and the following:

(A) In the case of an adult group home seeking licensure as an adult care facility, evidence that the home has been inspected and approved by a local certified building department or by the division of industrial compliance in the department of commerce as meeting the applicable requirements of sections 3781.06 to 3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code and any rules adopted under those sections and evidence that the home has been inspected by the state fire marshal or fire prevention officer of a municipal, township, or other legally constituted fire department approved by the state fire marshal and found to be in compliance with rules adopted under section 3737.83 of the Revised Code regarding fire prevention and safety in adult group homes;

(B) Valid approvals of the facility's water and sewage systems issued by the responsible governmental entity, if applicable;

(C) A statement of ownership containing the following information:

(1) If the owner is an individual, the owner's name, address, telephone number, business address, business telephone number, and occupation. If the owner is an association, corporation, or partnership, the business activity, address, and telephone number of the entity and the name of every person who has an ownership interest of five per cent or more in the entity.

(2) If the owner does not own the building or if the owner owns only part of the building in which the facility is housed, the name of each person who has an ownership interest of five per cent or more in the building;

(3) The address of any adult care facility and any facility described in divisions (A)(9)(a) to (i) of section 3722.01 of the Revised Code in which the owner has an ownership interest of five per cent or more;

(4) The identity of the manager of the adult care facility, if different from the owner;

(5) The name and address of any adult care facility and any facility described in divisions (A)(9)(a) to (i) of section 3722.01 of the Revised Code with which either the owner or manager has been affiliated through ownership or employment in the five years prior to the date of the application;

(6) The names and addresses of three persons not employed by or associated in business with the owner who will provide information about the character, reputation, and competence of the owner and the manager and the financial responsibility of the owner;

(7) Information about any arrest of the owner or manager for, or adjudication or conviction of, a criminal offense related to the provision of care in an adult care facility or any facility described in divisions (A)(9)(a) to (i) of section 3722.01 of the Revised Code or the ability to operate a facility;

(8) Any other information the director may require regarding the owner's ability to operate the facility.

(D) If the facility is an adult group home, a balance sheet showing the assets and liabilities of the owner and a statement projecting revenues and expenses for the first twelve months of the facility's operation;

(E) Proof of insurance in an amount and type determined in rules adopted by the public health council pursuant to this chapter to be adequate;

(F) A nonrefundable license application fee in an amount established in rules adopted by the public health council pursuant to this chapter.

Sec. 3722.041.  (A) Sections 3781.06 to 3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code do not apply to an adult family home for which application is made to the director of health for licensure as an adult care facility under this chapter. Adult family homes shall not be required to submit evidence to the director of health that the home has been inspected by a local certified building department or the division of industrial compliance in the department of commerce or by the state fire marshal or a fire prevention officer under section 3722.02 of the Revised Code, but shall be inspected by the director of health to determine compliance with this section. An inspection made under this section may be made at the same time as an inspection made under section 3722.04 of the Revised Code.

(B) The director shall not license or renew the license of an adult family home unless it meets the fire protection standards established by rules adopted by the public health council pursuant to this chapter.

Sec. 3781.01. (A) Chapters 3781. and 3791. of the Revised Code do not prevent the legislative authority of a municipal corporation from making further and additional regulations, not in conflict with such chapters or with the rules and regulations of the board of building standards. Such chapters or the rules and regulations of the board of building standards do not modify or repeal any portion of any building code adopted by a municipal corporation and in force on September 13, 1911, which is not in direct conflict with such chapters or with such rules and regulations.

(B) The statewide uniform residential building code established under rules adopted by the board pursuant to section 3781.10 of the Revised Code does not prevent a local government authority from making further and additional regulations upon subject matter that is not addressed by and not in conflict with that residential building code.

(C)(1) In the event that a local governing authority makes regulations as described in division (B) of this section, the local governing authority shall, and any person may, notify the board of building standards of the regulation and request a determination regarding a possible conflict with the residential building code.

(2) Not later than sixty days after the date of receipt of a notice under division (C)(1) of this section, the board shall determine whether the regulation conflicts with the residential building code and shall notify the local governing authority that has made the regulation and, in the case of a person who has submitted the notice under division (C)(1) of this section, the person who submitted the notice, of the board's determination.

(3) If in the opinion of the board a conflict does not exist, then no further action with regard to the regulation shall be taken by the board. If in the opinion of the board a conflict does exist, and the regulation is not necessary to protect the health or safety of the persons within the jurisdiction of the local governing authority that made the regulation, then the regulation is not valid or enforceable by the local governing authority. If the board determines that a conflict does exist but that the regulation is necessary to protect the health or safety of the persons within the jurisdiction of the local governing authority that made the regulation, then the board shall adopt a rule to incorporate the regulation into the residential building code. Until the time that the rule becomes a part of the residential building code, the board shall grant a variance to the appropriate jurisdiction and to all similarly situated political subdivisions to which the board determines the variance should apply.

(D) As used in this section, "local governing authority" means a board of county commissioners, a board of township trustees, or the legislative authority of a municipal corporation.

Sec. 3781.03.  The fire marshal or fire chief of municipal corporations having fire departments or the fire chief of townships having fire departments shall enforce all provisions of Chapters 3781. and 3791. of the Revised Code relating to fire prevention.

The superintendent of the division of industrial compliance, the building inspector or commissioner of buildings in municipal corporations whose building departments have been certified by the board of building standards under section 3781.10 of the Revised Code, the building inspector or commissioner of buildings in townships whose building departments have been certified by the board of building standards under section 3781.10 of the Revised Code, and, in the unincorporated territory of counties outside the boundaries of townships that have adopted administer and enforce building regulations and the building code under sections 505.75 to 505.77 of the Revised Code, the building inspector or commissioner of buildings in counties whose building departments have been certified by the board of building standards under section 3781.10 of the Revised Code, shall enforce all the provisions in such chapters and any regulations rules adopted pursuant thereto relating to construction, arrangement, and the erection of all buildings or parts thereof, as defined in section 3781.06 of the Revised Code, including the sanitary condition of the same in relation to heating and ventilation.

The division of industrial compliance in the department of commerce or the boards of health of health districts, or the certified departments of building inspection of municipal corporations, subject to the applicable provisions of Chapter 3703. of the Revised Code, shall enforce such chapters and regulations relating to plumbing.

The department of the city engineer, in cities having such departments, shall have complete supervision and regulation of the entire sewerage and drainage system of the city, including the house drain and the house sewer and all laterals draining into the street sewers.

The department of the city engineer shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the city and shall issue all the necessary permits and licenses for the construction and installation of all house drains and house sewers and of all other lateral drains that empty into the main sewers. The department shall keep a permanent record of the installation and location of every drain and sewer of the drainage and sewerage system of the city.

This section does not exempt any officer or department from the obligation to enforce Chapters 3781. and 3791. of the Revised Code.

Sec. 3781.031.  Before any department or agency of the state or any political subdivision attempts to enforce Chapters 3781. and 3791. of the Revised Code or any rules or regulations adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of sections 119.06 to 119.13, inclusive, of the Revised Code, or a stop work order as provided herein.

Any person charged with the duty of enforcing Chapters 3781. and 3791. of the Revised Code or the rules or regulations adopted pursuant thereto may issue a stop work order whenever he the person finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, material, assemblage, or manufactured product does not comply with the provisions of Chapters 3781. and 3791. of the Revised Code or the rules or regulations adopted pursuant thereto. The effect of such an order shall be limited to the matter specified therein.

Every adjudication order shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages, or procedures are necessary for the same to comply with Chapters 3781. and 3791. of the Revised Code.

Upon the issuance of any order provided for herein, the person receiving such order shall cease work upon the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages, or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of section 3781.19 of the Revised Code, and all appeals from such hearing have been completed, or the order issued herein has been released.

Notwithstanding the provisions of Chapter 119. of the Revised Code relating to adjudication hearings and the proceedings thereon, a stenographic or mechanical record of the testimony and other evidence submitted shall be taken at the expense of the agency; a party adversely affected by an order issued following such adjudication hearing may appeal to the court of common pleas of the county in which he the party is a resident or in which the premises affected by such order is located; the court in such case shall not be confined to the record as certified to it by the agency but any party may produce additional evidence and the court shall hear the matter upon such record and such additional evidence as is introduced by any party; and the court shall not affirm the order of the agency unless the preponderance of the evidence before it supports the reasonableness and lawfulness of such order and of any rule or regulation of the board of building standards upon which the order of the agency is based in its application to the particular set of facts or circumstances involved in the appeal.

Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.

Sec. 3781.06.  (A)(1) Any building that may be used as a place of resort, assembly, education, entertainment, lodging, dwelling, trade, manufacture, repair, storage, traffic, or occupancy by the public, any residential building, and all other buildings or parts and appurtenances thereof erected within this state, shall be so constructed, erected, equipped, and maintained that they shall be safe and sanitary for their intended use and occupancy, except that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code shall be considered as model provisions with no force and effect when applied to single-family, two-family, and three-family dwelling houses, and accessory structures incidental to those dwelling houses, that have not been constructed or erected as industrialized one-family, two-family, or three-family units or structures within the meaning of the term "industrialized unit" as provided in division (C)(3) of this section, except where the context specifies mandatory applicability.

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the Revised Code shall be construed to limit the power of the public health council to adopt rules of uniform application governing manufactured home parks pursuant to section 3733.02 of the Revised Code.

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code shall not apply to either of the following:

(1) Buildings or structures that are incident to the use for agricultural purposes of the land on which such buildings or structures are located, provided such buildings or structures are not used in the business of retail trade. For purposes of this division, a building or structure is not considered used in the business of retail trade if fifty per cent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller.

(2) Existing single-family, two-family, and three-family detached dwelling houses for which applications have been submitted to the director of job and family services pursuant to section 5104.03 of the Revised Code for the purposes of operating type A family day-care homes as defined in section 5104.01 of the Revised Code.

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the Revised Code:

(1) "Agricultural purposes" include agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, ornamental horticulture, olericulture, pomiculture, and animal and poultry husbandry.

(2) "Building" means any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.

(3) "Industrialized unit" means a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. "Industrialized unit" includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. "Industrialized unit" does not include a manufactured home as defined by division (C)(4) of this section or a mobile home as defined by division (O) of section 4501.01 of the Revised Code.

(4) "Manufactured home" means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.

(5) "Permanent foundation" means permanent masonry, concrete, or a locally approved footing or foundation, to which a manufactured or mobile home may be affixed.

(6) "Permanently sited manufactured home" means a manufactured home that meets all of the following criteria:

(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities;

(b) The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred square feet;

(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;

(d) The structure was manufactured after January 1, 1995;

(e) The structure is not located in a manufactured home park as defined by section 3733.01 of the Revised Code.

(7) "Safe," with respect to a building, means it is free from danger or hazard to the life, safety, health, or welfare of persons occupying or frequenting it, or of the public and from danger of settlement, movement, disintegration, or collapse, whether such danger arises from the methods or materials of its construction or from equipment installed therein, for the purpose of lighting, heating, the transmission or utilization of electric current, or from its location or otherwise.

(8) "Sanitary," with respect to a building, means it is free from danger or hazard to the health of persons occupying or frequenting it or to that of the public, if such danger arises from the method or materials of its construction or from any equipment installed therein, for the purpose of lighting, heating, ventilating, or plumbing.

(9) "Residential building" means a one-family, two-family, or three-family dwelling house, and accessory structures incidental to those dwelling houses. "Residential building" includes a one-family, two-family, or three-family dwelling house that is used as a model for the purpose of promoting the sale of similar dwelling houses.

(10) "Nonresidential building" means any building that is not a residential building.

(11) "Accessory structure" means a structure that satisfies all of the following criteria:

(a) Is constructed or installed on, above, or below the surface of a lot of real property;

(b) Is located on the same lot as a residential building;

(c) Is subordinate to or serves the principal use of the residential building;

"Accessory structure" includes but is not limited to a garage, greenhouse, shed, porch, and storage facility.

Sec. 3781.10.  The board of building standards shall:

(A) Formulate and adopt rules governing the erection, construction, repair, alteration, and maintenance of all buildings or classes of buildings specified in section 3781.06 of the Revised Code, including land area incidental thereto, the construction of industrialized units, the installation of equipment, and the standards or requirements for materials to be used in connection therewith, and incorporate those rules into separate residential and nonresidential building codes. The standards shall relate to the conservation of energy in and to the safety and sanitation of such buildings. The rules governing nonresidential buildings shall be the lawful minimum requirements specified for such nonresidential buildings or industrialized units, except that no rule, except as provided in division (C) of section 3781.108 of the Revised Code, which specifies a higher requirement than is imposed by any section of the Revised Code shall be enforceable; the rules governing residential buildings shall be the statewide uniform requirements specified for residential buildings; the rules shall be acceptable as complete lawful alternatives to the requirements specified for such buildings or industrialized units in any section of the Revised Code; and the board shall on its own motion, or on application made under sections 3781.12 and 3781.13 of the Revised Code, formulate, propose, adopt, modify, amend, or repeal the rules to the extent necessary or desirable to effectuate the purposes of sections 3781.06 to 3781.18 of the Revised Code.

(B) Formulate and report to the general assembly such amendments in existing statutes relating to the purposes declared in section 3781.06 of the Revised Code as public health and safety and the development of the arts require and such additional legislation as it recommends with a view to carrying out fully, in statutory form, the purposes declared in such section; and prepare and submit to the general assembly a summary report of the number, nature, and disposition of the petitions filed under sections 3781.13 and 3781.14 of the Revised Code;

(C) Determine by rule, on its own motion or on application made under sections 3781.12 and 3781.13 of the Revised Code, and after thorough testing and evaluation that any particular fixture, device, material, process of manufacture, manufactured unit or component, method of manufacture, system, or method of construction, complies with performance standards adopted pursuant to section 3781.11 of the Revised Code, having regard to its adaptability for safe and sanitary erection, use, or construction, to that described in any section of the Revised Code, wherever the use of a fixture, device, material, method of manufacture, system, or method of construction which is described in such section of the Revised Code, is permitted by law; and on like application amend or annul any such rule or issue an authorization for the use of a new material or manufactured unit; and no department, officer, board, or commission of the state other than the board of building standards or the board of building appeals shall permit the use of any fixture, device, material, method of manufacture, newly designed product, system, or method of construction at variance with what is described in any rule adopted or authorization issued by the board of building standards or in any section of the Revised Code. Nothing in this section shall be construed as requiring approval, by rule, of plans for an industrialized unit that conforms with the rules adopted by the board of building standards pursuant to section 3781.11 of the Revised Code.

(D) Recommend to the bureau of workers' compensation, the director of commerce, or any other department, officer, board, or commission of the state, and to legislative authorities and building departments of counties, townships, and municipal corporations, the making, amending, fixing, or ordaining by such appropriate action as such state, county, township, or municipal authorities may be empowered by law or the constitution to take, of such rules, codes, or standards as shall tend to carry out the purposes declared in section 3781.06 of the Revised Code, with a view to securing uniformity of state administrative ruling; and local legislation and administrative action;

(E) Certify municipal, township, and county building departments to exercise enforcement authority, to accept and approve plans and specifications, and to make inspections, pursuant to sections 3781.03 and 3791.04 of the Revised Code.

The board also shall certify personnel of municipal, township, and county building departments, and persons and employees of persons, firms, or corporations as described in divisions (E)(1) and (2) of this section, to exercise enforcement authority, to accept and approve plans and specifications, and to make inspections, pursuant to sections 3781.03 and 3791.04 of the Revised Code. The board shall specify, in rules adopted pursuant to Chapter 119. of the Revised Code, the requirements that shall be satisfied for certification purposes, which requirements shall be consistent with this division. Except as otherwise provided in this division, the requirements shall include, but are not limited to, the satisfactory completion of an initial examination and, in order to remain certified, the completion of a specified number of hours of continuing building code education within each three-year period following the date of certification. In adopting the requirements, the board shall not specify less than thirty hours of continuing building code education within a three-year period; shall provide that continuing education credits, and certification issued, by the council of American building officials, national model code organizations, and agencies or entities recognized by the board, are acceptable for purposes of this division; and shall specify requirements that are compatible, to the extent possible, with requirements established by the council of American building officials and national model code organizations. The board shall establish and collect a certification and renewal fee for building department personnel, and persons and employees of persons, firms, or corporations as described in divisions (E)(1) and (2) of this section, certified pursuant to this division.

All individuals certified pursuant to this division shall complete the number of hours of continuing building code education that the board requires or, for failure to do so, forfeit their certifications.

This division does not require or authorize the certification by the board of personnel of municipal, township, and county building departments, and persons and employees of persons, firms, or corporations as described in divisions (E)(1) and (2) of this section, whose responsibilities do not include the exercise of enforcement authority, the approval of plans and specifications, or the making of inspections, under the Ohio building code.

(1) Enforcement authority for approval of plans and specifications may be exercised, and plans and specifications may be approved, on behalf of a municipal corporation, township, or county, by any of the following who are certified by the board of building standards:

(a) Officers or employees of the municipal corporation, township, or county;

(b) Persons, or employees of persons, firms, or corporations, when such persons, firms, or corporations are under contract to furnish architectural or engineering services to the municipal corporation, township, or county, and such authority is exercised pursuant to such contract;

(c) Officers or employees of any other municipal corporation, township, county, health district, or other political subdivision, or persons or employees of persons, firms, or corporations under contract with the same pursuant to division (E)(1)(b) of this section, when such other municipal corporation, township, county, health district, or other political subdivision is under contract to furnish architectural or engineering services to the municipal corporation, township, or county, and such authority is exercised pursuant to such contract.

(2) Enforcement authority for inspections may be exercised, and inspections may be made, on behalf of a municipal corporation, township, or county, by any of the following who are certified by the board of building standards:

(a) Officers or employees of the municipal corporation, township, or county;

(b) Persons, or employees of persons, firms, or corporations, when such persons, firms, or corporations are under contract to furnish inspection services to the municipal corporation, township, or county, and such authority is exercised pursuant to such contract;

(c) Officers or employees of any other municipal corporation, township, county, health district, or other political subdivision under contract to furnish inspection services to the municipal corporation, township, or county, when such authority is exercised pursuant to such contract.

(3) Municipal, township, and county building departments shall have jurisdiction within the meaning of sections 3781.03 and 3791.04 of the Revised Code, only with respect to the types of buildings and subject matters as to which they have been certified under this section and as to which such certification remains in effect.

(4) Such certification shall be upon application by the municipal corporation, the board of township trustees, or the board of county commissioners and approval of such application by the board of building standards. Such application shall set forth:

(a) The types of building occupancies as to which Whether the certification is requested for residential or nonresidential buildings, or both;

(b) The number and qualifications of the staff composing the building department;

(c) The names, addresses, and qualifications of persons, firms, or corporations contracting to furnish work or services pursuant to divisions (E)(1)(b) and (2)(b) of this section;

(d) The names of other municipal corporations, townships, counties, health districts, or other political subdivisions contracting to furnish work or services pursuant to divisions (E)(1)(c) and (2)(c) of this section;

(e) The proposed budget for the operation of such the building department.

(5) The board of building standards shall adopt rules governing:

(a) The certification of building department personnel and of those persons and employees of persons, firms, or corporations exercising authority pursuant to divisions (E)(1) and (2) of this section. Any employee of the department or person who contracts for services with the department is disqualified from performing services for the department when the same would require the employee or person to pass upon, inspect, or otherwise exercise any authority given by the Ohio building code over any labor, material, or equipment furnished by the employee or person for the construction, alteration, or maintenance of a building or the preparation of working drawings or specifications for work within the jurisdictional area of the department. The department shall provide other similarly qualified personnel to enforce the requirements of the Ohio building code as it pertains to such work.

(b) The minimum services to be provided by a certified building department.

(6) Such certification may be revoked or suspended with respect to any or all enforcement of the residential or nonresidential building occupancies to which it relates code, or for enforcement of both codes, on petition to the board of building standards by any person affected by such enforcement or approval of plans, or by the board on its own motion. Hearings shall be held and appeals permitted on any such proceedings for certification or for revocation or suspension of certification in the same manner as provided in section 3781.101 of the Revised Code for other proceedings of the board of building standards.

(7) Upon certification, and until such authority is revoked, county and township building departments shall enforce such rules over those occupancies listed in the application governing the residential and nonresidential buildings to which its certification applies without regard to limitation upon the authority of boards of county commissioners under Chapter 307. of the Revised Code or boards of township trustees under Chapter 505. of the Revised Code.

(8) In certifying building departments and personnel thereof, persons and employees of persons, firms, and corporations described in divisions (E)(1) and (2) of this section, the board shall certify departments, personnel, and persons as residential or nonresidential, or both. A department and personnel and other persons certified as:

(a) Residential, only may enforce the residential building code;

(b) Nonresidential, only may enforce the nonresidential building code;

(c) Both residential and nonresidential, may enforce the residential and nonresidential building codes.

In adopting rules under division (E) of this section, the board shall specify the qualifications and requirements for certification as residential and nonresidential departments, personnel, and persons, and those qualifications and requirements may, as the board determines appropriate, differ. The board shall not require a building department or its personnel or any other personnel or person to be certified for residential buildings if the building department for which the personnel or persons are employed does not enforce the residential code.

(F) Conduct such hearings, in addition to those required by sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, and make such investigations and tests, and require from other state departments, officers, boards, and commissions such information as the board considers necessary or desirable in order to assist it in the discharge of any duty or in the exercise of any power mentioned in this section or in sections 3781.06 to 3781.18 and 3791.04 of the Revised Code;

(G) Formulate rules and establish reasonable fees for the review of all applications submitted where the applicant applies for authority to use a new material, assembly, or product of a manufacturing process. The fee established shall bear some reasonable relationship to the cost of such review or testing of the materials, assembly, or products submitted and notification of approval or disapproval as provided in section 3781.12 of the Revised Code.

(H) Compile and publish, in the form of a model code, rules pertaining to one-family, two-family, and three-family dwelling houses that any municipal corporation, township, or county may incorporate into its building code Receive from the residential construction advisory committee the residential building code that the committee recommends pursuant to division (C)(1) of section 4740.14 of the Revised Code and, upon receipt of a recommendation from the committee that is acceptable to the board, the board shall adopt rules establishing that code as the statewide uniform residential building code;

(I) Cooperate with the director of job and family services when the director promulgates rules pursuant to section 5104.05 of the Revised Code regarding safety and sanitation in type A family day-care homes;

(J) Adopt rules to implement the requirements of section 3781.108 of the Revised Code.

Sec. 3781.102.  (A) Any county or municipal building department certified pursuant to division (E) of section 3781.10 of the Revised Code as of September 14, 1970, and that, as of that date, was inspecting single-family, two-family, and three-family residences, and any township building department certified pursuant to division (E) of section 3781.10 of the Revised Code, is hereby declared to be certified to inspect single-family, two-family, and three-family residences containing industrialized units, and such building department shall inspect the buildings or classes of buildings subject to the provisions of division (E) of section 3781.10 of the Revised Code.

(B) Each board of county commissioners may adopt, by resolution, rules establishing standards and providing for the licensing of electrical and heating, ventilating, and air conditioning contractors who are not required to hold a valid and unexpired license pursuant to Chapter 4740. of the Revised Code.

Rules Regulations adopted by a board of county commissioners pursuant to this division (A) of section 307.37 of the Revised Code may be enforced within the unincorporated areas of the county and within any municipal corporation where the legislative authority of the municipal corporation has contracted with the board for the enforcement of the county rules within the municipal corporation pursuant to section 307.15 of the Revised Code. The rules shall not conflict with the building code established under rules adopted by the board of building standards pursuant to section 3781.10 of the Revised Code or with rules adopted by the department of commerce pursuant to Chapter 3703. of the Revised Code. This division does not impair or restrict the power of municipal corporations under Section 3 of Article XVIII, Ohio Constitution, to adopt rules concerning the erection, construction, repair, alteration, and maintenance of nonresidential buildings and structures or of establishing standards and providing for the licensing of specialty contractors pursuant to section 715.27 of the Revised Code.

A board of county commissioners, pursuant to this division, may require all electrical contractors and heating, ventilating, and air conditioning contractors, other than those who hold a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code, to successfully complete an examination, test, or demonstration of technical skills, and may impose a fee and additional requirements for a license to engage in their respective occupations within the jurisdiction of the board's rules under this division.

(C) No board of county commissioners shall require any specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code to successfully complete an examination, test, or demonstration of technical skills in order to engage in the type of contracting for which the license is held, within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code.

(D) A board of county commissioners may impose a fee for registration of a specialty contractor who holds a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code before that specialty contractor may engage in the type of contracting for which the license is held within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code, provided that the fee is the same for all specialty contractors who wish to engage in that type of contracting. If a board imposes such a fee, the board immediately shall permit a specialty contractor who presents proof of holding a valid and unexpired license and pays the required fee to engage in the type of contracting for which the license is held within the unincorporated areas of the county and within any municipal corporation whose legislative authority has contracted with the board for the enforcement of county regulations within the municipal corporation, pursuant to section 307.15 of the Revised Code.

A board of county commissioners that requires specialty contractors to register with the board shall not register a special contractor who does not have a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code.

(E) The political subdivision associated with each municipal, township, and county building department certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code may prescribe fees to be paid by persons, political subdivisions, or any department, agency, board, commission, or institution of the state, for the acceptance and approval of plans and specifications, and for the making of inspections, pursuant to sections 3781.03 and 3791.04 of the Revised Code.

(F) Each political subdivision that prescribes fees pursuant to division (E) of this section shall collect, on behalf of the board of building standards, a fee equal to three the following:

(1) Three per cent of such those fees the political subdivision collects in connection with nonresidential buildings;

(2) One per cent of those fees the political subdivision collects in connection with residential buildings. The board shall adopt rules, in accordance with Chapter 119. of the Revised Code, specifying the manner in which the fee assessed pursuant to this division shall be collected and remitted monthly to the board. The board shall pay the fee assessed pursuant to this division into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

All money credited to the fund under this division shall be used exclusively for both of the following:

(1) Operating costs of the board;

(2) Providing services, including educational programs, for the building departments that are certified by the board pursuant to division (E) of section 3781.10 of the Revised Code.

(G) A board of county commissioners that adopts rules providing for the licensing of electrical and heating, ventilating, and air conditioning contractors, pursuant to division (B) of this section, may accept, for purposes of satisfying the requirements of rules adopted under that division, a valid and unexpired license issued pursuant to Chapter 4740. of the Revised Code that is held by an electrical or heating, ventilating, and air conditioning contractor, for the construction, replacement, maintenance, or repair of one-family, two-family, or three-family dwelling houses or accessory structures incidental to those dwelling houses.

(H) As used in this section, "specialty contractor" means a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, or residential contractor as those terms are defined in section 4740.01 of the Revised Code.

Sec. 3781.11.  (A) The rules of the board of building standards shall:

(1) Provide For nonresidential buildings, provide uniform minimum standards and requirements, and for residential buildings, provide statewide uniform standards and requirements, for construction and construction materials, including construction of industrialized units, to make residential and nonresidential buildings safe and sanitary as defined in section 3781.06 of the Revised Code;

(2) Formulate such standards and requirements, so far as may be practicable, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;

(3) Permit, to the fullest extent feasible, the use of materials and technical methods, devices, and improvements, including the use of industrialized units which tend to reduce the cost of construction and erection without affecting minimum requirements for the health, safety, and security of the occupants or users of buildings or industrialized units and without preferential treatment of types or classes of materials or products or methods of construction;

(4) Encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material, and techniques, including methods employed to produce industrialized units;

(5) Not require any alteration or repair of any part of a school building owned by a chartered nonpublic school or a city, local, exempted village, or joint vocational school district and operated in conjunction with any primary or secondary school program that is not being altered or repaired if all of the following apply:

(a) The school building meets all of the applicable building code requirements in existence at the time of the construction of the building.

(b) The school building otherwise satisfies the requirements of section 3781.06 of the Revised Code.

(c) The part of the school building altered or repaired conforms to all rules of the board existing on the date of the repair or alteration.

(6) Not require any alteration or repair to any part of a workshop or factory that is not otherwise being altered, repaired, or added to if all of the following apply:

(a) The workshop or factory otherwise satisfies the requirements of section 3781.06 of the Revised Code.

(b) The part of the workshop or factory altered, repaired, or added conforms to all rules of the board existing on the date of plan approval of the repair, alteration, or addition.

(B) The rules of the board shall supersede and govern any order, standard, or rule of the division of industrial compliance in the department of commerce, division of the fire marshal, the department of health, and of counties and townships, in all cases where such orders, standards, or rules are in conflict with the rules of the board, except that rules adopted and orders issued by the fire marshal pursuant to Chapter 3743. of the Revised Code prevail in the event of a conflict.

(C) The construction, alteration, erection, and repair of buildings including industrialized units, and the materials and devices of any kind used in connection with them and the heating and ventilating of them and the plumbing and electric wiring in them shall conform to the statutes of this state or the rules adopted and promulgated by the board, and to provisions of local ordinances not inconsistent therewith. Any building, structure, or part thereof, constructed, erected, altered, manufactured, or repaired not in accordance with the statutes of this state or with the rules of the board, and any building, structure, or part thereof in which there is installed, altered, or repaired any fixture, device, and material, or plumbing, heating, or ventilating system, or electric wiring not in accordance with such statutes or rules is a public nuisance.

(D) As used in this section:

(1) "Nonpublic school" means a chartered school for which minimum standards are prescribed by the state board of education pursuant to division (D) of section 3301.07 of the Revised Code.

(2) "Workshop or factory" includes manufacturing, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, railroad depots, and memorial buildings, but does not include hotels and tenement and apartment houses.

Sec. 3781.12.  Any person may petition the board of building standards to adopt, amend, or annul a rule or regulation pursuant to section 3781.10 of the Revised Code, or to permit the use of any particular fixture, device, material, system, method of manufacture, product of a manufacturing process, or method or manner of construction or installation, which complies with performance standards adopted pursuant to section 3781.11 of the Revised Code, as regards the purposes declared in section 3781.06 of the Revised Code, of the fixtures, devices, materials, systems, or methods or manners of construction, manufacture or installation described in any section of the Revised Code relating to said purposes, where the use is permitted by law. Upon petition the board shall cause to be conducted such testing and evaluation as the board shall determine desirable of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation sought to be used under the rules and regulations adopted by the board by virtue of section 3781.10 of the Revised Code. If the board, after hearing, deems it advisable to adopt the rule or regulation or amendment or annulment thereof, or to permit the use of the materials or assemblages petitioned for, it shall give at least thirty days' notice of the time and place of a public hearing thereon, which notice shall be given in accordance with the provisions set forth in section 119.03 of the Revised Code. No such rule or regulation shall be adopted, amended, or annulled, or the use of such materials or assemblages authorized, until after such public hearing. A copy of every such rule or regulation and every amendment or annulment thereof, and a copy of every approved material or assembly authorization signed by the chairman chairperson of the board of building standards, and sealed with the seal of the department of commerce, shall, after final adoption or authorization by the board, be filed with the secretary of state and shall be published in such manner as the board determines. The issuance of the authorization for the use of the materials or assemblages described in the petition shall constitute approval for their use anywhere in Ohio. Any such rule or regulation or amendment or annulment thereof shall not take effect until a date fixed by the board and stated therein. No such rule, regulation, amendment, or annulment shall apply to any building the plans or drawings, specifications, and data of which have been approved prior to the time such rule, regulation, amendment, or annulment takes effect. All hearings of the board shall be open to the public. Each of the members of the board may administer oaths in the performance of his the member's duties.

Sec. 3781.13.  Any person interested, either because of ownership or occupation of any property affected by any rule or regulation described in section 3781.12 of the Revised Code, or as the producer, manufacturer, seller, or distributor, of any building material, industrialized unit, plumbing, heating, or ventilating system or device, or any other device, product, assembly, or equipment, the use of which is not provided for by any such rule or regulation, may petition for a hearing on the reasonableness and lawfulness of any action of the board of building standards, adopting, amending, or annulling or refusing to adopt, amend, or annul such rule or regulation, in the manner provided in sections 3781.06 to 3781.18, inclusive, and section 3791.04 of the Revised Code. Such petition for hearing shall be by verified petition filed with the board setting out specifically and in full detail the action of the board upon which a hearing is desired, and the reason why such action is unreasonable or unlawful, and every issue to be considered by the board on the hearing. Such petition shall be filed within thirty days after the record of the action of the board is filed in the office of the secretary of state, in cases where such record is required to be so filed; otherwise within thirty days after the action is taken. Upon receipt of said petition, after a hearing which shall be held within thirty days thereafter and of which notice has been given the petitioner, the board may determine that such action is unreasonable or unlawful and annul any rule or regulation forthwith, or it may confirm its prior action forthwith, or it may re-enact or amend any rule or regulation in the manner provided in section 3781.12 of the Revised Code. If the matter in hearing is not determined by the board within two weeks after such hearing, the action may, at the option of the petitioner, be deemed to have been confirmed.

Sec. 3781.18.  Wherever in Chapters 3781. and 3791. of the Revised Code or rules or regulations adopted pursuant thereto particular fixtures, devices, materials, systems, method of manufacture, product of a manufacturing process, or methods or manners of construction or installation pertaining to nonresidential buildings are described, such description prescribes minimum standards of safety and sanitary conditions exemplified by such particular fixtures, devices, materials, systems, method of manufacture, product of a manufacturing process, or methods or manners of construction or installation. Where the use of another fixture, device, material, system, industrialized unit, newly designed product, or method, or manner of construction or installation is desired which is at variance with what is described in such chapters, such use is permissible, if such other fixture, device, material, system, manufactured component or unit, product, method, or manner of construction complies with performance standards as determined by the board.

Sec. 3781.183.  If the board of building standards adopts rules under sections 3781.06 to 3781.18, 3781.181, and 3781.182 of the Revised Code concerning the requirements an adult group home seeking licensure as an adult care facility must meet under section 3722.02 of the Revised Code, the board shall adopt the rules in consultation with the directors of health and of aging and any interested party designated by the directors of health and of aging.

Sec. 3781.99.  Whoever violates division (E) of section 3781.111 of the Revised Code shall be issued a warning for a first offense. On each subsequent offense, the person shall be fined twenty-five dollars for each parking location that is not properly marked or whose markings are not properly maintained.

Whoever violates this chapter or any rule adopted or order issued pursuant thereto, which violation relates to the construction, alteration, or repair of any building and which is not detrimental to the health, safety, or welfare of any person, is guilty of a minor misdemeanor.

Whoever violates this chapter or any rule adopted or order issued pursuant thereto, which violation relates to the construction, alteration, or repair of any building and which is detrimental to the health, safety, or welfare of any person, is guilty of a misdemeanor of the fourth degree.

Sec. 3791.04.  (A) Before (1) Except as provided in division (A)(3) of this section, before beginning the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code is applicable, including all industrialized units, the owner thereof, in addition to any other submission of plans or drawings, specifications, and data required by law, shall submit the plans or drawings, specifications, and data prepared for the construction, erection, and equipment thereof, or the alteration thereof or addition thereto, which plans or drawings, and specifications shall indicate thereon the portions that have been approved pursuant to section 3781.12 of the Revised Code, for which no further approval shall be required, to the municipal, township, or county building department having jurisdiction if such department has been certified as provided in division (E) of section 3781.10 of the Revised Code, and if.

(2) If there is no appropriate certified municipal, township, or county building department, to which to make submissions for a nonresidential building, as defined in section 3781.06 of the Revised Code, the owner shall make the submissions described in division (A)(1) of this section to the superintendent of the division of industrial compliance, for approval.

(3) If there is no appropriate certified municipal, township, or county building department to which to make submissions for a residential building, as defined in section 3781.06 of the Revised Code, the owner is not required to make the submissions described in division (A)(1) of this section and is not required to obtain a license, as described in division (E) of this section.

The seal of an architect registered under Chapter 4703. of the Revised Code or an engineer registered under Chapter 4733. of the Revised Code shall be required for any plans, drawings, specifications, or data submitted for approval, unless the plans, drawings, specifications, or data may be prepared by persons other than registered architects pursuant to division (C) or (D) of section 4703.18 of the Revised Code, or by persons other than registered engineers pursuant to division (C) or (D) of section 4733.18 of the Revised Code.

No seal shall be required for any plans, drawings, specifications, or data submitted for approval for any residential buildings or structures subject to the requirements of section 3781.181 of the Revised Code, exempt from the requirements of sections, as defined in section 3781.06 to 3781.18 and 3791.04 of the Revised Code, or erected as industrialized one-, two-, or three-family units or structures within the meaning of "industrialized unit" as defined in section 3781.06 of the Revised Code.

No seal shall be required for approval of the installation of replacement equipment or systems that are similar in type or capacity to the equipment or systems being replaced. No seal shall be required for approval for any new construction, improvement, alteration, repair, painting, decorating, or other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code if the proposed work does not involve technical design analysis, as defined by rule adopted by the board of building standards.

(B) No owner shall proceed with the construction, erection, alteration, or equipment of any such building until such plans or drawings, specifications, and data have been so approved, or the industrialized unit inspected at the point of origin. No plans or specifications shall be approved or inspection approval given unless the building represented thereby would, if constructed, repaired, erected, or equipped according to the same, comply with Chapters 3781. and 3791. of the Revised Code and any rule made under such chapters.

(C) The approval of plans or drawings and specifications or data pursuant to this section is invalid if construction, erection, alteration, or other work upon the building has not commenced within twelve months of the approval of the plans or drawings and specifications. One extension shall be granted for an additional twelve-month period if requested by the owner at least ten days in advance of the expiration of the permit and upon payment of a fee not to exceed one hundred dollars. If in the course of construction, work is delayed or suspended for more than six months, the approval of plans or drawings and specifications or data is invalid. Two extensions shall be granted for six months each if requested by the owner at least ten days in advance of the expiration of the permit and upon payment of a fee for each extension of not more than one hundred dollars. Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the plans or drawings and specifications for approval pursuant to this section.

(D) Subject to section 3791.042 of the Revised Code, the board of building standards or the legislative authority of a municipal corporation, township, or county, by rule, may regulate the requirements for the submission of plans and specifications to the respective enforcing departments and for the processing of the same by such departments. The board of building standards or the legislative authority of a municipal corporation, township, or county may adopt rules to provide for the approval, subject to section 3791.042 of the Revised Code, by the department having jurisdiction of the plans for construction of a foundation or any other part of a building or structure before the complete plans and specifications for the entire building or structure have been submitted. When any plans are approved by the department having jurisdiction, the structure and every particular thereof represented by those plans and disclosed therein shall, in the absence of fraud or a serious safety or sanitation hazard, be conclusively presumed to comply with Chapters 3781. and 3791. of the Revised Code and any rule issued pursuant thereto, if constructed, altered, or repaired in accordance with those plans and any such rule in effect at the time of approval.

(E) The approval of plans and specifications, including inspection of the industrialized units, under this section is a "license" and the failure to approve such plans or specifications as submitted or to inspect the unit at the point of origin within thirty days after the plans or specifications are filed, or the request for inspection of the industrialized unit is made, or the disapproval of such plans and specifications, or the refusal to approve such industrialized unit, following inspection at the point of origin is "an adjudication order denying the issuance of a license" requiring an "adjudication hearing" as provided by sections 119.07 to 119.13 of the Revised Code and as modified by sections 3781.031 and 3781.19 of the Revised Code. An adjudication order denying the issuance of a license shall specify the reasons for such denial.

(F) The board of building standards shall not require the submission of site preparation plans or plot plans to the division of industrial compliance in situations where industrialized units are used exclusively as one-, two-, or three-family dwellings.

(G) Notwithstanding any procedures established by the board, the agency having jurisdiction, if it objects to any portion of the plans or specifications, upon the request of the owner or representative of the owner, may issue conditional approval to proceed with construction up to the point where there is objection. Approval shall be issued only when the objection results from conflicting interpretations of the rules of the board of building standards rather than the application of specific technical requirements of the rules. Approval shall not be issued where the correction of the objection would cause extensive changes in the building design or construction. The giving of conditional approval is a "conditional license" to proceed with construction up to the point where construction or materials objected to by the agency are to be incorporated into the building. No construction shall proceed beyond this point without the prior approval of the agency or another agency which conducts an adjudication hearing relative to the objection. The agency having jurisdiction shall specify its objections to the plans or specifications, which is an "adjudication order denying the issuance of a license" and may be appealed pursuant to sections 119.07 to 119.13 of the Revised Code and as modified by sections 3781.031 and 3781.19 of the Revised Code.

(H) A certified municipal, township, or county building department having jurisdiction, or the superintendent of the division of industrial compliance, as appropriate, shall review any plans, drawings, specifications, or data described in this section that are submitted to it or to the superintendent.

(I) No owner or persons having control as an officer, or as a member of a board or committee, or otherwise, of a building to which section 3781.06 of the Revised Code is applicable, and no architect, designer, engineer, builder, contractor, subcontractor, or any officer or employee of a municipal, township, or county building inspection department shall violate this section.

(J) Whoever violates this section shall be fined not more than five hundred dollars.

Sec. 3791.99.  Whoever violates division (B) of section 3791.11 or division (D) of section 3791.21 of the Revised Code is guilty of a minor misdemeanor, and each day the violation continues constitutes a separate offense.

Whoever violates section 3791.04 of the Revised Code, which violation relates to the construction, alteration, or repair of any building and which is not detrimental to the health, safety, or welfare of any person, is guilty of a minor misdemeanor.

Whoever violates section 3791.04 of the Revised Code, which violation relates to the construction, alteration, or repair of any building and which is detrimental to the health, safety, or welfare of any person, is guilty of a misdemeanor of the fourth degree.

Sec. 4703.18.  (A) No person shall enter upon the practice of architecture or hold himself or herself self forth as an architect or registered architect, unless the person has complied with sections 4703.01 to 4703.19 of the Revised Code and is the holder of a certificate of qualification to practice architecture issued or renewed and registered under those sections.

(B) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from filing applications for building permits or obtaining those permits.

(C) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing plans, drawings, specifications, or data, filing applications for building permits, or obtaining those permits for residential buildings or structures subject to the requirements of, as defined by section 3781.181 of the Revised Code, exempted from the requirements of sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, or buildings erected as industrialized one-, two-, or three-family units or structures within the meaning of the term "industrialized unit" as provided in section 3781.06 of the Revised Code.

(D) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing drawings or data, from filing applications for building permits, or from obtaining those permits for the installation of replacement equipment or systems that are similar in type or capacity to the equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the building official determines that no plans or specifications are required for approval.

(E) Sections 4703.01 to 4703.19 of the Revised Code do not exclude a registered professional engineer from architectural practice that may be incident to the practice of his or her the registered professional engineer's engineering profession or exclude a registered architect from engineering practice that may be incident to the practice of architecture.

(F) Sections 4703.01 to 4703.19 of the Revised Code do not prevent a firm, partnership, association, limited liability company, or corporation of architects registered under those sections from providing architectural services and do not prevent an individual registered as a landscape architect under sections 4703.30 to 4703.49 of the Revised Code or as a professional engineer under sections Chapter 4733. of the Revised Code from being a member of a firm, partnership, association, limited liability company, or corporation of that type, but a member of that type shall not engage in the practice of architecture or hold himself or herself self forth as an architect contrary to sections 4703.01 to 4703.19 of the Revised Code and shall not practice a profession in which the person is not licensed.

(G) A firm, partnership, association, limited liability company, or corporation may provide architectural services in this state as long as the services are provided only through natural persons registered to provide those services in this state, subject to the exemptions in section 4703.17 of the Revised Code and subject otherwise to the requirements of sections 4703.01 to 4703.19 of the Revised Code.

(H) No firm, partnership, association, limited liability company, or corporation, except a corporation that was granted a charter prior to August 7, 1943, to engage in providing architectural services or that was otherwise lawfully providing architectural services prior to November 15, 1982, shall provide architectural services, hold itself out to the public as providing architectural services, or use a name including the word "architect" or any modification or derivation of the word, unless the firm, partnership, association, limited liability company, or corporation files all information required to be filed under this section with the state board of examiners of architects and otherwise complies with all requirements of sections 4703.01 to 4703.19 of the Revised Code. A nonprofit membership corporation may use a name including the word "architect" or any modification or derivation of the word without complying with this section.

(I) A corporation may be organized under Chapter 1701. of the Revised Code, a professional association may be organized under Chapter 1785. of the Revised Code, or a limited liability company may be formed under Chapter 1705. of the Revised Code for the purpose of providing professional engineering, surveying, architectural, or landscape architectural services, or any combination of those services. A corporation organized under Chapter 1701. of the Revised Code for the purpose of providing those services also may be organized for any other purpose in accordance with that chapter.

(J) No firm, partnership, association, limited liability company, or corporation shall provide or offer to provide architectural services in this state unless more than fifty per cent of the partners, members, or shareholders, more than fifty per cent of the directors in the case of a corporation or professional association, and more than fifty per cent of the managers in the case of a limited liability company the management of which is not reserved to its members, are professional engineers, surveyors, architects, or landscape architects or a combination of those professions, who are registered in this state and who own more than fifty per cent of the interests in the firm, partnership, association, limited liability company, or corporation; unless the requirements of this division and of section 1785.02 of the Revised Code are satisfied with respect to any professional association organized under Chapter 1785. of the Revised Code; or unless the requirements of this division and of Chapter 1705. of the Revised Code are satisfied with respect to a limited liability company formed under that chapter.

(K) Each firm, partnership, association, limited liability company, or corporation through which architectural services are offered or provided in this state shall designate one or more partners, managers, members, officers, or directors as being in responsible charge of the professional architectural activities and decisions, and those designated persons shall be registered in this state. In the case of a corporation holding a certificate of authorization provided for in division (L) of this section, at least one of the persons so designated shall be a director of the corporation. Each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the state board of examiners of architects the name and address of each partner, manager, officer, director, member, or shareholder, and each firm, partnership, association, limited liability company, or corporation of that type shall annually file with the board the name and address of all persons designated as being in responsible charge of the professional architectural activities and decisions and any other information the board may require. If there is a change in any such person in the interval between filings, the change shall be filed with the board in the manner and within the time that the board determines.

(L) No corporation organized under Chapter 1701. of the Revised Code shall engage in providing architectural services in this state without obtaining a certificate of authorization from the state board of examiners of architects. A corporation desiring a certificate of authorization shall file with the board a copy of its articles of incorporation and a listing on the form that the board directs of the names and addresses of all officers, directors, and shareholders of the corporation, the names and addresses of any individuals providing professional services on behalf of the corporation who are registered to practice architecture in this state, and any other information the board requires. If all requirements of sections 4703.01 to 4703.19 of the Revised Code are met, the board may issue a certificate of authorization to the corporation. No certificate of authorization shall be issued unless persons owning more than fifty per cent of the corporation's shares and more than fifty per cent of the interests in the corporation are professional engineers, surveyors, architects, or landscape architects, or a combination of those professions, who are registered in this state. Any corporation that holds a certificate of authorization under this section and otherwise meets the requirements of sections 4703.01 to 4703.19 of the Revised Code may be organized for any purposes for which corporations may be organized under Chapter 1701. of the Revised Code and shall not be limited to the purposes of providing professional engineering, surveying, architectural, or landscape architectural services or any combination of those professions. The board, by rules adopted in accordance with Chapter 119. of the Revised Code, may require any firm, partnership, association, or limited liability company not organized under Chapter 1701. of the Revised Code that provides architectural services to obtain a certificate of authorization. If the board so requires, no firm, partnership, association, or limited liability company shall engage in providing architectural services without obtaining the certificate and complying with the rules.

(M) This section does not modify any law applicable to the relationship between a person furnishing a professional service and a person receiving that service, including liability arising out of that service.

(N) Nothing in this section shall restrict or limit in any manner the authority or duty of the state board of examiners of architects with respect to natural persons providing professional services or any law or rule pertaining to standards of professional conduct.

Sec. 4733.18.  (A) The state board of registration for professional engineers and surveyors may authorize a temporary registration in the case of an individual who has filed with the board an application for a temporary registration and has paid the required fee. The temporary registration continues only for the time the board requires for consideration of the application for registration, provided a person is legally qualified to practice that profession in the person's own state in which the requirements and qualifications of registration are not lower than those specified in this chapter.

(B)(1) The following persons are exempt from this chapter:

(a) An employee or a subordinate of a person registered under this chapter or an employee of a person holding temporary registration under division (A) of this section, provided the employee's or subordinate's duties do not include responsible charge of engineering or surveying work;

(b) Officers and employees of the government of the United States while engaged within this state in the practice of engineering or surveying, for that government;

(c) An engineer engaged solely as an officer of a privately owned public utility.

(2) This chapter does not require registration for the purpose of practicing professional engineering, or professional surveying by an individual, firm, or corporation on property owned or leased by that individual, firm, or corporation unless the same involves the public welfare or the safeguarding of life, health, or property, or for the performance of engineering or surveying which relates solely to the design or fabrication of manufactured products.

(C) Nothing in this chapter prevents persons other than engineers from preparing plans, drawings, specifications, or data, from filing applications for building permits, or from obtaining those permits for residential buildings or structures that are exempted from the requirements of sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, that are subject to the requirements of, as defined by section 3781.181 3781.06 of the Revised Code, or buildings that are erected as one-, two-, or three-family units or structures within the meaning of the term "industrialized unit" as provided in section 3781.06 of the Revised Code.

(D) Nothing in this chapter prevents persons other than engineers from preparing drawings or data, from filing applications for building permits, or from obtaining those permits for the installation of replacement equipment or systems that are similar in type or capacity to the equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the building official determines that no plans or specifications are required for approval.

Sec. 4740.01.  As used in this chapter:

(A) "License" means a license issued by the Ohio construction industry examining board to an individual as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, or residential contractor.

(B) "Heating, ventilating, and air conditioning contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to perform, direct, supervise, or have responsibility for the means, method, and manner of heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform heating, ventilating, and air conditioning construction, improvement, renovation, repair, or maintenance on a construction project.

(C) "Refrigeration contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of refrigeration construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of refrigeration construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform refrigeration construction, improvement, renovation, repair, or maintenance on a construction project.

(D) "Electrical contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of electrical construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of electrical construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform electrical construction, improvement, renovation, repair, or maintenance on a construction project.

As used in this chapter, "electrical contracting" does not include the construction, improvement, renovation, repair, or maintenance of any of the following systems using less than fifty volts:

(a) Fire alarm or burglar alarm;

(b) Tele-data;

(c) Cabling;

(d) Sound;

(e) Communication;

(f) Landscape lighting and irrigation.

(E) "Plumbing contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of plumbing construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of plumbing construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform plumbing construction, improvement, renovation, repair, or maintenance on a construction project.

(F) "Hydronics contractor" means any individual or business entity who satisfies both of the following:

(1) For compensation, directs, supervises, or has responsibility for the means, method, and manner of hydronics construction, improvement, renovation, repair, or maintenance on a construction project and who offers, identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to direct, supervise, or have responsibility for the means, method, and manner of hydronics construction, improvement, renovation, repair, or maintenance on a construction project;

(2) Is a tradesperson or employs tradespersons who perform and who are trained to perform hydronics construction, improvement, renovation, repair, or maintenance on a construction project.

(G) "Residential contractor" means any individual or business entity who, for compensation, directs, supervises, or has responsibility for the means, method, and manner of residential construction, and identifies, advertises, or otherwise holds out or represents that the individual or business entity is permitted or qualified to perform, direct, supervise, or have responsibility for the means, method, and manner of residential construction.

(H) "Residential construction" means the construction of a residential building and the substantial alteration to, or rearranging, remodeling, removal, refurbishing, or installation of, any wall, partition, or portion of the structural design, formation, or plan of a residential building.

(I) "Residential building" has the same meaning as in section 3781.06 of the Revised Code.

(J) "Contractor" means a heating, ventilating, and air conditioning contractor, a refrigeration contractor, an electrical contractor, a plumbing contractor, or a hydronics contractor, or a residential contractor.

(H)(K) "Tradesperson" means an individual who, for compensation, engages in construction, improvement, renovation, repair, or maintenance of buildings or structures without assuming responsibility for the means, method, or manner of that construction, improvement, renovation, repair, or maintenance.

(I)(L) "Construction project" means a construction project involving a building or structure that is subject to Chapter 3781. of the Revised Code and the rules adopted under that chapter, but not involving the following buildings or structures:

(1) An an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code;

(2) A building or structure constructed pursuant to rules adopted under section 3781.181 or 3781.21 of the Revised Code.

Sec. 4740.02.  (A) There is hereby created within the department of commerce, the Ohio construction industry examining board, consisting of seventeen twenty-two residents of this state. The board shall consist of an administrative section, a plumbing section, an electrical section, and a heating, ventilating, air conditioning, and refrigeration section, and a residential construction section. The director of commerce shall appoint all members of the board. The director or the director's designee shall serve as a member of the administrative section and the director shall appoint to the administrative section, one member who is a representative of the public who is not a member of any group certified by any section of the board. The plumbing, electrical, and heating, ventilating, air conditioning, and refrigeration, and residential construction sections each shall annually elect a member of their own respective section to serve a one-year term on the administrative section.

(B) The plumbing section shall consist of five members, one of whom is a plumbing inspector employed by the department of commerce, a municipal corporation, or a health district, two of whom are plumbing contractors who have no affiliation with any union representing plumbers, and two of whom are plumbing contractors who are signatories to agreements with unions representing plumbers.

(C) The electrical section shall consist of five members, one of whom is an electrical inspector employed by the department of commerce, a municipal corporation, or a county, two of whom are electrical contractors who have no affiliation with any union representing electricians, and two of whom are electrical contractors who are signatories to agreements with unions representing electricians.

(D) The heating, ventilating, air conditioning, and refrigeration section shall consist of five members, one of whom is a heating, ventilating, air conditioning, and refrigeration inspector employed by either the department of commerce or a municipal corporation; two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who have no affiliation with any union representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons; and two of whom are heating, ventilating, and air conditioning contractors or refrigeration contractors who are signatories to agreements with unions representing heating, ventilating, and air conditioning tradespersons or refrigeration tradespersons.

(E) The residential construction section shall consist of five members, one of whom is a building official employed by a municipal corporation or a county, with experience administering or enforcing a residential building code; two of whom are residential contractors with recognized ability and experience in the construction of residential buildings; one of whom is a residential contractor who has recognized ability and experience in the remodeling of residential buildings; and one of whom is an architect registered pursuant to Chapter 4703. of the Revised Code, with recognized ability and experience in the architecture of residential buildings.

(F) Within ninety days after July 31, 1992, initial appointments shall be made to the board. Of the initial appointments to the board, two appointments in each section, other than the administrative section, are for terms ending one year after July 31, 1992, and two are for terms ending two years after July 31, 1992. All other appointments to the board are for terms ending three years after July 31, 1992. Thereafter, terms of office are for three years, each term ending on the same day of the same month of the year as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(F)(G) Before entering upon the discharge of official duties, each member shall take, and file with the secretary of state, the oath of office required by Section 7 of Article XV, Ohio Constitution.

(G)(H) Each member of the board, except for the director or the designee the director appoints under division (A) of this section, shall receive a per diem amount fixed pursuant to section 124.15 of the Revised Code when actually attending to matters of the board and for the time spent in necessary travel, and all actual and necessary expenses incurred in the discharge of official duties.

(H)(I) The director of commerce may remove any member of the board the director appoints for malfeasance, misfeasance, or nonfeasance.

(I)(J) Membership on the board and holding any office of the board does not constitute the holding of a public office or employment within the meaning of any section of the Revised Code, or an interest, either direct or indirect, in a contract or expenditure of money by the state or any municipal corporation, township, special district, school district, county, or other political subdivision. No member or officer of the board is disqualified from holding any public office or employment nor shall the officer or member forfeit any public office or employment by reason of holding a position as an officer or member of the board.

(J)(K) The board, and each section of the board, shall meet only after adequate advance notice of the meeting has been given to each member of the board or section, as appropriate.

Sec. 4740.04.  The administrative section of the Ohio construction industry examining board is responsible for the administration of this chapter and shall do all of the following:

(A) Schedule the examinations for heating, ventilating, and air conditioning contractors, refrigeration contractors, electrical contractors, plumbing contractors, and hydronics contractors, and residential contractors as directed by the applicable section of the board. The administrative section shall schedule examinations to be held at least four times per year.

(B) Select and contract with one or more persons to do all of the following relative to the examinations described in division (A) of this section:

(1) Prepare, administer, score, and maintain the confidentiality of the examinations;

(2) Be responsible for all the expenses required to fulfill division (B)(1) of this section;

(3) Charge an applicant a fee, in an amount authorized by the administrative section of the board, for administering the examination;

(4) Design the examination for each type of contractor to determine an applicant's competence to perform the type of contracting for which the applicant is seeking licensure.

(C) Issue and renew licenses to individuals who have attained at least the minimum score on an examination authorized by the plumbing section for plumbing contractors, the electrical section for electrical contractors, the heating, ventilating, air conditioning, and refrigeration section for heating, ventilating, and air conditioning contractors and refrigeration contractors, and both the heating, ventilating, air conditioning, and refrigeration and plumbing sections for hydronics contractors, and the residential construction section for residential contractors on the condition that the appropriate section of the board determines that the individual also is qualified as required by section 4740.06 of the Revised Code to hold a license;

(D) Make an annual written report to the director of commerce on proceedings had by or before the board for the previous year and make an annual statement of all money received and expended by the board during the year;

(E) Keep a record containing the name, address, the date on which the board issues or renews a license to, and the license number of, every heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, and hydronics contractor, and residential contractor issued a license pursuant to this chapter;

(F) Regulate a contractor's use and display of a license issued pursuant to this chapter and of any information contained in that license;

(G) Adopt rules in accordance with Chapter 119. of the Revised Code as necessary to properly discharge the administrative section's duties under this chapter;

(H) Keep a record of its proceedings and do all things necessary to carry out this chapter.

Sec. 4740.05.  The heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry examining board for heating, ventilating, and air conditioning contractors and refrigeration contractors; the plumbing section of the board for plumbing contractors; the electrical section for electrical contractors; and both the heating, ventilating, air conditioning, and refrigeration and the plumbing sections for hydronics contractors; and the residential construction section for residential contractors, shall do all of the following:

(A) Adopt rules in accordance with Chapter 119. of the Revised Code as this chapter relates to their respective sections. The rules shall be limited to the following:

(1) Application procedures for examinations;

(2) Specifications concerning continuing education requirements for license renewal that address all of the following:

(a) Criteria for selecting and approving courses and persons to provide those courses;

(b) A specification that individuals holding a valid and unexpired license be required to accrue no more than thirty hours of continuing education courses over a period of three years;

(c) A requirement that persons seeking approval to provide continuing education courses submit information regarding the courses to the appropriate section of the board for approval not less than ninety days nor more than one year prior to the date on which the courses are offered, unless a section of the board permits submission at a different time;

(d) A prohibition against any person providing a course for the purpose of meeting continuing education requirements unless, not more than one year prior to the date the course is offered, the person has been approved by the appropriate section of the board to provide that course;

(e) A provision limiting approval of continuing education courses to one year;

(f) A provision establishing the following annual fees, to be paid to the board by persons approved to provide continuing education courses:

(i) For the approval of each continuing education course, not more than ten dollars plus one dollar per credit hour;

(ii) For the approval of each person providing continuing education courses, twenty-five dollars.

(3) Criteria the section of the board shall use in evaluating the qualifications of an individual;

(4) Criteria the section of the board shall use in deciding whether to issue, renew, suspend, revoke, or refuse to issue or renew a license;

(5) Determinations and approvals made under the reciprocity provision of section 4740.08 of the Revised Code;

(6) Criteria establishing, as appropriate by each section, guidelines, requirements, and limitations regarding the issuance of a license to a heating, ventilating, and air conditioning contractor, a refrigeration contractor, a plumbing contractor, an electrical contractor, or a hydronics contractor who requests to be licensed only for construction projects involving residential buildings.

(B) Investigate allegations in reference to violations of this chapter and the rules adopted pursuant thereto pertaining to the section and determine by rule a procedure for investigations and hearings on these allegations;

(C) Maintain a record of its proceedings;

(D) Grant approval to persons to offer continuing education courses pursuant to rules adopted under division (A)(2) of this section;

(E) In accordance with rules adopted pursuant to division (A)(6) of this section, issue a license that is limited to construction projects involving residential buildings to a contractor who requests this limitation under those rules;

(F) As required, do all things necessary to carry out this chapter.

Sec. 4740.06.  (A) Any individual who applies for a license shall file a written application with the appropriate section of the Ohio construction industry examining board, accompanied with the application fee as determined pursuant to section 4740.09 of the Revised Code. The individual shall file the application with the appropriate section not more than sixty days nor less than thirty days prior to the date of the examination. The application shall be on the form prescribed by the appropriate section of the board and verified by the applicant's oath. It shall contain information satisfactory to the appropriate section showing that the applicant meets the requirements of division (B) of this section.

(B) To qualify to take the examination required to obtain a license for a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, or residential contractor, an individual shall:

(1) Be at least eighteen years of age;

(2) Be a United States citizen;

(3) Either have been a tradesperson for the type of contractor for which the application is filed for not less than five years immediately prior to the date the application is filed, be an engineer, have three years of business experience in the construction industry, or have other experience acceptable to the section of the board that authorizes issuance of the type of license sought;

(4) Maintain contractor's liability insurance, including without limitation, complete operations coverage, in an amount determined by the appropriate section of the board;

(5) Not have done any of the following:

(a) Been convicted of or pleaded guilty to a misdemeanor involving moral turpitude or of any felony;

(b) Violated this chapter or any rule adopted pursuant to this chapter;

(c) Obtained or renewed a license issued pursuant to this chapter, or any order, ruling, or authorization of the board or a section of the board by fraud, misrepresentation, or deception;

(d) Engaged in fraud, misrepresentation, or deception in the conduct of business.

(C) If the applicant for licensure as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor, or residential contractor meets the qualifications set forth in division (B) of this section and passes the required examination, the appropriate section of the board, within ninety days after the applicant filed the application, shall authorize the administrative section of the board to license the applicant for the type of contractor's license for which the applicant qualifies. A section of the board may withdraw its authorization to the administrative section for issuance of a license for good cause shown, on the condition that notice of that withdrawal is given prior to the administrative section's issuance of the license.

(D) Each license issued under this chapter expires one year after the date of issue, but each individual holding a valid, unexpired license may renew the license, without reexamination, by applying to the appropriate section of the board not more than ninety days before the expiration of the license, and submitting with the application the renewal fee as determined pursuant to section 4740.09 of the Revised Code and proof of compliance with the continuing education requirements applicable to that contractor. The renewal application shall contain information satisfactory to the appropriate section of the board showing that the applicant continues to meet the requirements of division (B) of this section.

The appropriate section of the board may waive any of the requirements for renewal of a license upon finding that the applicant substantially has met the renewal requirements or that failure to timely apply for renewal is due to excusable neglect. If, in renewing a license, a section of the board waives requirements for renewal, that section may impose conditions upon that licensee and assess a late filing fee of not more than double the usual renewal fee.

(E) An individual holding a valid and unexpired license may request the section of the board that authorized the issuance of that license to place the license in inactive status under conditions and for a period of time as determined by that section of the board.

(F) Except for the ninety-day extension provided for under division (D) of section 4740.07 of the Revised Code, a license held by an individual immediately terminates upon the death of the individual.

(G) Nothing in any license issued by the Ohio construction industry examining board shall be construed to limit or eliminate any requirement of or any license issued by the Ohio fire marshal.

Sec. 4740.10.  (A) The heating, ventilating, air conditioning, and refrigeration section of the Ohio construction industry examining board for heating, ventilating, and air conditioning contractors and for refrigeration contractors; the electrical section of the board for electrical contractors; the plumbing section of the board for plumbing contractors; and both the plumbing section and the heating, ventilating, air conditioning, and refrigeration section for hydronics contractors; and the residential construction section for residential contractors may suspend or revoke a license and may direct the administrative section of the board to refuse to issue or renew a license if the section of the board finds that the applicant or licensee has done any of the following:

(1) Been convicted of a misdemeanor involving moral turpitude or a felony;

(2) Violated any provision of this chapter or the rules adopted pursuant thereto;

(3) Obtained a license or any order, ruling, or authorization of the board by fraud, misrepresentation, or deception;

(4) Engaged in fraud, misrepresentation, or deception in the conduct of business.

(B) The appropriate section of the board shall determine the length of time that a license is to be suspended and whether or when an individual whose license has been revoked may apply for reinstatement. The appropriate section of the board may accept or refuse an application for reinstatement and may require an examination for reinstatement.

(C) The appropriate section of the board may investigate any alleged violation of this chapter or rules adopted pursuant thereto. If, after its investigation, a section of the board determines that any person has engaged or is engaging in any practice that violates this chapter or the rules adopted pursuant thereto, that section may apply to the court of common pleas of the county in which the section determined that the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

(D) Any person who wishes to make a complaint against a person who holds a license shall submit the complaint in writing to the appropriate section of the board within one year after the date of the action or event upon which the complaint is based.

Sec. 4740.12.  Nothing in this chapter shall be construed to limit the operation of any statute or rule of this state or any ordinance or rule of any political subdivision, district, or agency of the state that:

(A) Regulates the installation, repair, maintenance, or alteration of plumbing systems, electrical systems, heating, ventilating, and air conditioning systems, or refrigeration systems;

(B) Requires the registration and assessment of a registration or license fee of tradespersons who perform heating, ventilating, and air conditioning, refrigeration, electrical, plumbing, or hydronics, or residential construction, improvement, renovation, repair, or maintenance.

Sec. 4740.13.  No person shall act as or claim to be a heating, ventilating, and air conditioning contractor, refrigeration contractor, plumbing contractor, electrical contractor, or hydronics contractor, or residential contractor unless that person holds or has been assigned a license issued pursuant to this chapter for the type of contractor that person is acting as or claiming to be.

Contractors licensed under this chapter may install, service, and maintain the related or interfaced control wiring for equipment and devices related to their specific license, on the condition that the control wiring is less than twenty-five volts.

Sec. 4740.14.  (A) There is hereby created within the department of commerce the residential construction advisory committee consisting of eight persons appointed by the director of commerce. Of the advisory committee's members, three shall be general contractors who have recognized ability and experience in the construction of residential buildings, two shall be building officials who have experience administering and enforcing a residential building code, one, chosen from a list of three names submitted by the Ohio fire chief's association, shall be from the fire service certified as a fire safety inspector who has at least ten years of experience enforcing fire or building codes, one shall be a residential contractor who has recognized ability and experience in the remodeling and construction of residential buildings, and one shall be an architect registered pursuant to Chapter 4703. of the Revised Code, with recognized ability and experience in the architecture of residential buildings.

(B) The director shall make appointments to the advisory committee within ninety days after the effective date of this section September 18, 2001. Terms of office shall be for three years, with each term ending on the date three years after the date of appointment. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. The director shall fill a vacancy in the manner provided for initial appointments. Any member appointed to fill a vacancy in an unexpired term shall hold office as a member for the remainder of that term.

(C) The advisory committee shall do all of the following:

(1) Within one hundred eighty days after the director has completed appointing all members of the advisory committee, recommend to the board of building standards a model building code for residential buildings. The committee may recommend a code that is modeled after a residential building code issued by national model code organizations, with adaptations necessary for implementation of the code in this state. If the board of building standards decides not to adopt a code as recommended by the committee, the committee shall revise the code and resubmit the code until the board agrees to adopt a code recommended by the committee as the statewide uniform residential building code;

(2) Advise the board regarding the establishment of standards for certification of building officials who enforce a building code for residential buildings;

(3) Assist the board in providing information and guidance to contractors of residential buildings contractors and building officials who enforce a building code for residential buildings;

(4) Advise the board regarding the interpretation of the residential building code established under rules adopted by the board pursuant to section 3781.10 of the Revised Code;

(5) Provide other assistance as it considers necessary.

(D) In making its recommendation to the board pursuant to division (C)(1) of this section, the advisory committee shall consider all of the following:

(1) The impact that the model residential building code may have upon the health, safety, and welfare of the public;

(2) The economic reasonableness of the model residential building code;

(3) The technical feasibility of the model residential building code;

(4) The financial impact that the model residential building code may have on the public's ability to purchase affordable housing.

(E) Members of the advisory committee shall receive no salary for the performance of their duties as members, but shall receive their actual and necessary expenses incurred in the performance of their duties as members of the advisory committee.

(F) The advisory committee is not subject to divisions (A) and (B) of section 101.84 of the Revised Code.

(G) As used in this section, "residential building" means a one-family, two-family, or three-family dwelling house.

Sec. 4929.03.  Except as otherwise provided in section 4929.04 of the Revised Code, only the commodity sales services, distribution services, and ancillary services of a natural gas company are subject to the jurisdiction of the public utilities commission. Chapter 4905. with the exception of section 4905.10, Chapter 4909., Chapter 4935. with the exception of sections 4935.01 and 4935.03, and sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, 4933.31, and 4933.32 of the Revised Code do not apply to any other service or goods provided by a natural gas company. Nothing in this chapter prevents the commission from exercising its authority under Title XLIX of the Revised Code to protect customers of nonexempt, regulated services or goods from any adverse effects of the provision of unregulated services or goods. Nothing in this chapter affects the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.

Sec. 4929.04.  (A) The public utilities commission, upon the application of a natural gas company, after notice, after affording the public a period for comment, and in the case of a natural gas company with fifteen thousand or more customers after a hearing and in the case of a natural gas company with fewer than fifteen thousand customers after a hearing if the commission considers a hearing necessary, shall exempt, by order, any commodity sales service or ancillary service of the natural gas company from all provisions of Chapter 4905. with the exception of section 4905.10, Chapter 4909., and Chapter 4935. with the exception of sections 4935.01 and 4935.03 of the Revised Code, from sections 4933.08, 4933.09, 4933.11, 4933.123, 4933.17, 4933.28, 4933.31, and 4933.32 of the Revised Code, and from any rule or order issued under those Chapters or sections, including the obligation under section 4905.22 of the Revised Code to provide the commodity sales service or ancillary service, subject to divisions (E) and (F) of this section, and provided the commission finds that the natural gas company is in substantial compliance with the policy of this state specified in section 4929.02 of the Revised Code and that either of the following conditions exists:

(1) The natural gas company is subject to effective competition with respect to the commodity sales service or ancillary service;

(2) The customers of the commodity sales service or ancillary service have reasonably available alternatives.

(B) In determining whether the conditions in division (A)(1) or (2) of this section exist, factors the commission shall consider include, but are not limited to:

(1) The number and size of alternative providers of the commodity sales service or ancillary service;

(2) The extent to which the commodity sales service or ancillary service is available from alternative providers in the relevant market;

(3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions;

(4) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.

(C) The applicant shall have the burden of proof under this section.

(D) No application may be filed under division (A) of this section prior to one hundred eighty days after the effective date of this section September 17, 1996.

(E) The commission shall not issue an order under division (A) of this section that exempts all of a natural gas company's commodity sales services from the chapters and sections specified in that division unless the commission finds that the company offers distribution services on a fully open, equal, and unbundled basis to all its customers and that all such customers reasonably may acquire commodity sales services from suppliers other than the natural gas company.

(F) An order exempting any or all of a natural gas company's commodity sales services or ancillary services under division (A) of this section shall prescribe both of the following:

(1) A separation plan that ensures, to the maximum extent practicable, that the operations, resources, and employees involved in the provision or marketing of exempt commodity sales services or ancillary services, and the books and records associated with those services, shall be separate from the operations, resources, and employees involved in the provision or marketing of nonexempt commodity sales services or ancillary services and the books and records associated with those services;

(2) A code of conduct that governs both the company's adherence to the state policy specified in section 4929.02 of the Revised Code and its sharing of information and resources between those employees involved in the provision or marketing of exempt commodity sales services or ancillary services and those employees involved in the provision or marketing of nonexempt commodity sales services or ancillary services.

The commission, however, shall not prescribe, as part of any such separation plan or code of conduct, any requirement that unreasonably limits or restricts a company's ability to compete with unregulated providers of commodity sales services or ancillary services.

(G) Notwithstanding division (A)(2) of section 4929.08 of the Revised Code or any exemption granted under division (A) of this section, the commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint of any person or upon the complaint or initiative of the commission, to determine whether a natural gas company has failed to comply with a separation plan or code of conduct prescribed under division (F) of this section. If, after notice and hearing as provided in section 4905.26 of the Revised Code, the commission is of the opinion that a natural gas company has failed to comply with such a plan or code, the commission may do any of the following:

(1) Issue an order directing the company to comply with the plan or code;

(2) Modify the plan or code, if the commission finds that such a modification is reasonable and appropriate, and order the company to comply with the plan or code as modified;

(3) Abrogate the order granting the company's exemption under division (A) of this section, if the commission finds that the company has engaged in one or more material violations of the plan or code, that the violation or violations were intentional, and that the abrogation is in the public interest.

(H) An order issued under division (G) of this section is enforceable in the manner set forth in section 4905.60 of the Revised Code. Any violation of such an order shall be deemed a violation of a commission order for the purpose of section 4905.54 of the Revised Code.

Section 2. That existing sections 307.37, 307.38, 307.381, 307.40, 505.73, 505.75, 505.77, 715.27, 3703.01, 3722.02, 3722.041, 3781.01, 3781.03, 3781.031, 3781.06, 3781.10, 3781.102, 3781.11, 3781.12, 3781.13, 3781.18, 3781.183, 3781.99, 3791.04, 3791.99, 4703.18, 4733.18, 4740.01, 4740.02, 4740.04, 4740.05, 4740.06, 4740.10, 4740.12, 4740.13, 4740.14, 4929.03, and 4929.04 and sections Sec. 3781.181. , Sec. 3781.182. , Sec. 3781.21. , and Sec. 4933.31.  of the Revised Code are hereby repealed.

Section 3. On or before ninety days after the effective date of this section, the Ohio Construction Industry Examining Board shall send notice by regular mail to the legislative authority of a municipal corporation and to the board of county commissioners of every county that, prior to the effective date of this section, provided for the licensing or registration of residential contractors, informing the municipal corporation and board of county commissioners of the provisions of this act.

On or before ninety days after the effective date of this section, the Ohio Construction Industry Examining Board shall publish notice of the provisions of this act in appropriate trade publications and in a newspaper of general circulation in each of the nine most populous metropolitan areas of this state, once a week for three consecutive weeks.

Section 4. On or before ninety days after the effective date of this section, the Director of Commerce shall appoint members to the residential construction section of the Ohio Construction Industry Examining Board as required under division (E) of section 4740.02, as amended by this act. The director shall appoint the initial members to terms as follows and thereafter terms shall be for three years in accordance with section 4740.02 of the Revised Code:

(A) The building official employed by a municipal corporation or a county, to an initial term ending on July 31, 2005;

(B) The residential contractor who has recognized ability and experience in the remodeling of residential buildings and the architect registered pursuant to Chapter 4703. of the Revised Code, to an initial term ending on July 31, 2006;

(C) The two residential contractors with recognized ability and experience in the construction of residential buildings, to an initial term ending on July 31, 2007.

Section 5. (A) The residential construction section of the Ohio Construction Industry Examining Board shall issue a license to any individual who meets the criteria described in division (B) or (C) of this section.

(B) The individual does all of the following:

(1) Applies to the residential construction section of the Board on or before one hundred eighty days after the effective date of this section;

(2) Pays the appropriate fee determined by the residential construction section of the Board;

(3) Has been actively engaged as a residential contractor in this state for at least three years immediately prior to the effective date of this section;

(4) Furnishes business records or other evidence to verify the experience required under division (B)(3) of this section to the satisfaction of the residential construction section of the Board;

(5) Provides evidence of all of the following:

(a) Current contractor's liability insurance, including without limitation, complete operations coverage, in the amount of three hundred thousand dollars;

(b) Compliance with Chapters 4121. and 4123. of the Revised Code;

(c) Compliance with any other applicable legal requirements to do business in this state, as determined by the Board.

(C) The individual applies to the residential construction section of the Board on or before one year after the effective date of this section, pays the appropriate fee determined by each respective section of the Board, and demonstrates that the individual satisfies qualification requirements as the Board determines, to the Board's satisfaction.

(D) Notwithstanding division (B)(5)(a) of this section, when more than one individual affiliated with a business entity is issued a license pursuant to division (B) or (C) of this section, those individuals collectively shall provide to the residential construction section of the Board evidence of current contractor's liability coverage, including complete operations coverage, in the total amount of three hundred thousand dollars.

(E) As used in this section, "residential building" has the same meaning as in section 3781.06 of the Revised Code.

Section 6. Sections 1 and 2 of this act shall take effect nine months after the effective date of this section.

Section 7. The Director of Commerce shall appoint a residential contractor to the Residential Construction Advisory Committee in accordance with division (A) of section 4740.14 of the Revised Code, as amended by this act, to replace the member who, on the effective date of this section, is serving on the Residential Construction Advisory Committee as a contractor who has recognized ability and experience in the remodeling of residential buildings. The Director shall make this appointment on or after the eighteenth day of September of the year of expiration of the term of the contractor who has recognized ability and experience in the remodeling of residential buildings.

Section 8. (A) On or before ninety days after the effective date of this section, the Residential Construction Advisory Committee shall recommend to the Board of Building Standards a building code for residential buildings to replace the model code that the Committee was required to recommend pursuant to division (C)(1) of section 4740.14 of the Revised Code as it existed before the effective date of its amendment by this act. The committee shall recommend a code that is modeled after a residential building code issued by national model code organizations, with adaptations necessary for implementation of the code in this state. The committee shall recommend a code that does not address zoning, statutory requirements concerning the percentage of contracts that shall be awarded to any specifically identified type of disadvantaged contractors, or architectural preferences that are not integral to the safety of residential buildings. If the board of building standards decides not to adopt a code as recommended by the committee, the committee shall revise the code and resubmit the code until the board agrees to adopt a code recommended by the committee as the statewide uniform residential building code.

(B) The Board of Building Standards shall receive from the Residential Construction Advisory Committee a residential building code that the committee recommends pursuant to division (A) of this section and, upon receipt of a recommendation that is acceptable to the board, the board shall adopt rules establishing that code as the statewide uniform residential building code. The committee and the board shall agree to a code on or before one hundred twenty days after the effective date of this section and the Board shall adopt rules establishing that code as the statewide uniform residential building code on or before one hundred eighty days after the effective date of this section.

(C) The rules the Board adopts pursuant to division (B) of this section shall have no force or effect until nine months after the effective date of this section.

Section 9. Any building department that enforces a residential building code on or before the effective date of this section and that wishes to enforce the residential building code adopted by the Board of Building Standards pursuant to this act, may, notwithstanding section 3781.10 of the Revised Code, enforce the residential building code adopted by the Board, without being certified under section 3781.10 of the Revised Code to enforce that residential building code, for not more than one year after the Board adopts that residential building code. Thereafter, to continue enforcement, that building department shall become certified to enforce the residential building code pursuant to section 3781.10 of the Revised Code.

Section 10. In enacting the legislation, both of the following are the intent of the General Assembly:

(A) That the provisions of this act are general laws created in the exercise of the state's police power, arising out of matters of statewide concern, and are designed for the health safety, and welfare of contractors, their employees, and the public;

(B) That the provisions of this act eliminate duplicative bureaucracies to create a system under which an affected contractor may obtain a single license to permit the contractor to do business in all parts of this state and to obtain authorization to do business in other states.