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Sub. H. B. No. 175As Reported by the House Homeland Security, Engineering and Architectural Design CommitteeAs Reported by the House Homeland Security, Engineering and Architectural Design Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Buehrer, Widener, Olman, D. Evans, Kilbane, Hagan, Taylor
A BILL
To amend sections 307.37, 307.38, 307.381, 307.40,
505.73, 505.75, 505.76, 505.77, 505.78, 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, 3791.042, 3791.99, 4703.18,
4733.18, 4740.01,
4929.03, 4929.04, and 4929.09, to enact sections 1312.01 to 1312.06 and 4740.14, and to
repeal sections
3781.181, 3781.182, 3781.21, and 4933.31 of
the
Revised Code to establish a state
residential building code, to make other changes in the
laws governing residential construction, and to establish a "right to cure" procedure under which a residential contractor may cure a defect prior to an owner commencing arbitration proceedings or a civil action.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.37, 307.38, 307.381, 307.40,
505.73, 505.75, 505.76, 505.77, 505.78, 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, 3791.042, 3791.99, 4703.18,
4733.18, 4740.01,
4929.03, 4929.04, and 4929.09 be amended and sections 1312.01, 1312.02, 1312.03, 1312.04, 1312.05, 1312.06, and 4740.14 of the Revised
Code be enacted to read as
follows:
Sec. 307.37. (A)
As used in division (B)(4) of this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code. (B)(1)(a) 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 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.
Except as
provided in division
(B)(3) of this section,
in no case shall the
regulations go beyond
the scope of
regulating the safety, health,
and sanitary
conditions of
those
buildings. Any person adversely affected by an order of the
board
adopting, amending, or rescinding a regulation
under this section
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
regulation,
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 may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation or code addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.
(b) The board of county commissioners may, by resolution, adopt by incorporation by reference, administer, and enforce within the unincorporated area of the county an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. (c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties. (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
defined in section
1506.01 of the Revised Code. Rules No regulation adopted under division
(B)(2)
of this section shall not conflict with the Ohio
building code. (3)(a)
A county building code may include board may adopt regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration. (b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed or a review is requested
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed or a review is requested. (ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date. (iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage so long as those alterations comply with the state building code adopted pursuant to section 3781.10 of the Revised Code. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit. (iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage. (d) Regulations authorized by adopted pursuant to division (B)(3) of this
section shall not apply to any property that a platting authority has been approved by
a platting authority under section 711.05, 711.09, or 711.10, or
711.131 of the Revised Code and shall not govern the same subject matter as the state residential building code adopted pursuant to section 3781.10 of the Revised Code. (e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage disposal system as
defined in section 3709.091 of the Revised Code. (C) Regulations or amendments (1) Any regulation, code, or amendment may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public hearing to be published in
a
newspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of the a
public hearings, including hearing shall include the time, date, and place, once a week for
two weeks immediately preceding of the hearings. The hearing. (2) Any proposed
regulations or amendments regulation, code, or amendment 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. (D)(1) No person shall violate any regulation of, code, or amendment the
board
adopted adopts under sections 307.37 to 307.40 of the Revised Code. (2) Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense. (E) Regulations
or amendments adopted by resolution of
the
board the board adopts pursuant to this section, with the exception of an existing structures code, do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the board adopts the regulation
or
amendment is adopted by the board. (F)(1) The board may provide for create a building regulation
department and may employ the
personnel
that it determines to be
necessary for the purpose of enforcing its regulations to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes.
Upon
certification of the building department under section 3781.10 of
the Revised Code, the (2) The board may direct the county building
department, upon certification, 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 the class of building in the
unincorporated territory of the county for which the department and personnel are certified.
(G) The regulations a board adopts pursuant to division (B) of this section may be enforced within the unincorporated areas of the county and within any municipal corporation that has contracted with the board pursuant to section 307.15 of the Revised Code to enforce the county regulations in the municipal corporation.
Sec. 307.38. For the purposes of administering and
enforcing
the
(A) To administer and enforce any local building regulations, as provided by
or existing structures code the board of county commissioners adopts under section
307.37 of the
Revised Code
and the state residential and nonresidential building codes the
board of building standards establishes 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 unclassified service, and. The appointment, promotion, and
removal of the inspector shall be governed by Chapter 124. of the Revised Code.
In
lieu of the creation of any such creating that position, the board may
assign
the duties of the office to an existing county officer
who is certified pursuant to section 3781.10 of the Revised
Code.
The duties of the inspector shall be the administration and enforcement of building regulations. (B) The board may contract with any and a municipal corporation in
the
county for the administration and enforcement of
may enter into a contract under which one entity enforces for the other entity any local building
regulations and any municipal corporation may
contract with the
board for the administration and enforcement of
the building
regulations of such municipal corporation, existing structures code, or, if certified pursuant to section 3781.10 of the Revised Code, the state residential and nonresidential
building codes in the other entity's jurisdiction. The board, pursuant (C) Pursuant to a contract authorizing such action, the board
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 residential and nonresidential building code
codes, any local residential building regulations, and any existing structures code within the
jurisdiction of the
municipal corporations seeking those services.
The contract the board enters into on
behalf of these municipal corporations shall
provide for
obtaining
specify which county or municipal corporation is responsible for administering and enforcing the codes and regulations and 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.
(D) In a any county which that 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 that
has a board of
building appeals certified pursuant to section
3781.20 of the Revised Code, if any contract the board of county commissioners
contracts enters into with a municipal corporation or other another county for the
first county to administer and enforce the
state residential and nonresidential building code within the municipal corporation
or within
the other county, the
contract codes shall require the board of building appeals in the certified county
board of 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 those chapters
within the municipal
corporation or other county.
Sec. 307.381. (A) 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 (B) 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 jurisdiction of
Chapters 3781. and 3791. of
the Revised Code and any rules adopted pursuant
thereto to those chapters.
Sec. 307.40. (A)(1) 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 in which the board of county
commissioners has
enacted
created a
building
department to administer and enforce local building regulations
as provided in section 307.37
of the Revised
Code, or an existing structures code unless such that person fully complies with the local building regulations are
fully complied with and existing structures code.
In the event
(2) No person shall erect, construct, alter, repair, or maintain any residential building as defined in section 3781.06 of the Revised Code within the unincorporated portion of any county in which a certified building department has jurisdiction to enforce the state residential building code unless that person fully complies with the state residential building code. (B) In addition to any remedies provided by law, if any building is being erected,
constructed, altered, repaired,
or maintained in violation of the
local building regulations
adopted by resolution under the
authority
granted by such section, the existing structures code or the state residential building code in a county in which a certified building department enforces the state code, the board,
the prosecuting attorney, or the
county building inspector of such
county, or any owner of an adjacent, contiguous, or
neighboring property owner
who would be especially damaged by such that violation,
in addition to
the remedies provided by law, may institute a suit for
injunction,
abatement, or other appropriate action to prevent such the violation
of the regulations
relating to the erection,
construction, alteration, repair,
or
maintenance of such building. Sections (C) Sections 307.37 to 307.40, inclusive,
of the
Revised Code do not confer any power on any board in
of county
commissioners 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.
Sec. 505.73. (A) 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 those structures.
For such that purpose, the board shall adopt any model or standard
code prepared and promulgated by the this state, any department,
board, or other agency of the this 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 governs subject matter not addressed by the state residential building code and that it is
fully compatible with the local state residential and nonresidential building code and
the rules of codes the board of building standards adopted adopts pursuant to section 3781.10 of the Revised Code. (B) The board shall assign the duties of administering and
enforcing the existing structures code to a township officer or employee who is
trained and qualified for such those duties and shall establish by
resolution the minimum qualifications necessary for performance
of such to perform those duties. (C)(1) After the board adopts a an existing structures code, the township clerk shall
post a notice which shall that clearly identify identifies the code, state states the code's
purpose of the code, state and states that a complete copy of the code is on
file for inspection by the public with the township clerk and in
the county 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 (2) The township clerk shall post the notice in
five conspicuous places in the township for thirty days before
the code becomes effective. The clerk and 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. (D) If the agency that originally promulgated or published the existing structures
code thereafter amends the code, any township that has adopted
the code pursuant to this section the board may adopt the amendment or
change by incorporation by reference in the same manner as
provided for the 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
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, 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 adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code. No regulation shall differ from the state residential building code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code. A township building code (2) The board may
include
adopt
regulations that are
necessary for participation in the national
flood insurance
program and are that do not in conflict with the Ohio residential and nonresidential
building code codes,
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.
(B)(1) Regulations or amendments may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board
and upon an affirmative vote of all
members of the board. The board shall cause notice of a public hearing 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. a hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes that internet site and a statement that the notice is also posted on the internet site. Any notice the board publishes or posts shall include the time, date, and place of the public hearing.
(2) 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)(1)
The board of
township trustees may
establish
create a
building
regulation
department and employ personnel
it determines necessary to
administer and enforce
building
regulations
any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce state residential and nonresidential building codes the board of building standards establishes pursuant to Chapter 3781. of the Revised Code if the department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes. 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 class
of building
in the unincorporated
territory of the township
for the classes of buildings for
which the building department and personnel are certified. For the purposes of administering and enforcing the (2) To administer and enforce any local residential building
regulations, or existing structures code and the state residential and nonresidential building codes, the board of township trustees may
create,
establish, fill, and fix the compensation of the position
of
township building inspector. The inspector shall be to serve as the chief
administrative officer of the township building
regulation
department and shall administer and enforce the building
regulations. In lieu of the creation of creating the
position of township
building inspector, the board may assign the
duties of the
inspector to an existing township officer
who is certified pursuant to division (E) of section 3781.10
of the Revised Code.
(D)(1) The board of township trustees may contract with any
municipal corporation or with a board of county commissioners for
the administration and enforcement of to administer and enforce local residential building regulations, and
any existing structures code in the township. A building department of that municipal corporation may enforce the state residential and nonresidential building codes in the township if the building department is certified to enforce those codes.
(2) Any municipal corporation or board of county
commissioners may
contract with a board of township trustees for
the administration
and enforcement of the to administer and enforce local building regulations of
the municipal
corporation or county
or an existing structures code in the municipal corporation or county and, if certified, to enforce the state residential and nonresidential building codes in the municipal corporation or unincorporated areas of the county.
Sec. 505.76. (A) Building Local residential building regulations adopted or amended by a board of
township trustees adopts under sections section 505.75 to 505.77 of the Revised Code and an existing structures code the board adopts pursuant to section 505.73 of the Revised Code shall be
made available to the public at the office of the board, and the section
headings and numbers and a notice of the availability of the regulations shall
be published in at least one newspaper of general townshipwide circulation
within ten days after their adoption or amendment. (B) In a county in which the board of county commissioners has adopted
building regulations, no township shall adopt such regulations pursuant to
sections 505.75 to 505.77 of the Revised Code.
Sec. 505.77. (A)(1) 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 in which
a
standard code under section 505.75 of the Revised Code, without
complying
building department has authority to
administer and enforce local residential building regulations or an existing structures code unless that person complies with the building regulations and code. No (2) No person shall erect, construct, alter, repair, or maintain any residential building, as defined in section 3781.06 of the Revised code, within the unincorporated portion of any township in which a certified building department has jurisdiction to enforce the state residential building code unless that person fully complies with the state residential building code.
(3)
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 those
regulations. If (4) In addition to any remedies provided by law, if any building is being
erected, constructed,
altered, repaired, or maintained in
violation of the building
regulations, existing structures code, or state residential building code in townships in which a certified building department has jurisdiction, the board
or, the township building inspector, or any owner of an
adjacent, contiguous,
or neighboring property owner who would be
especially damaged by
such the 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 the state residential
building code relating to the erection, construction, alteration,
repair, or maintenance of such that 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 adopted by
Local building regulations the board
shall
adopts and the
building code that the building department administers and
enforces do not affect buildings or
structures which that 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 adopts 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. 505.78. If (A)(1) No board of township trustees shall adopt an existing structures code pursuant to section 505.73 of the Revised Code in any county in which the board of county commissioners has adopted an existing structures code pursuant to section 303.37 of the Revised Code. (2) If a board of township trustees adopts a standard an existing structures code under
sections 505.75 to 505.77 of the Revised Code and the board of county
commissioners of the county in which the township is located subsequently
adopts building regulations pursuant to sections 307.37 to 307.40 of the
Revised Code an existing structures code, the code adopted by the board of township trustees adopts shall be of
no force and effect one year after the effective date of the building
regulations adopted by code the board of county commissioners adopts or at an earlier
date, as provided by the board of township trustees. (B)(1) No board shall adopt local residential building regulations pursuant to section 505.75 of the Revised Code in any county in which the board of county commissioners has adopted such regulations pursuant to section 303.37 of the Revised Code.
(2) If a board of township trustees adopts local residential building regulations and the board of county commissioners subsequently adopts such regulations, the township regulations shall be of no force and effect one year after the county regulations become effective or at an earlier date as the board of township trustees provides.
Sec. 1312.01. As used in this chapter:
(A) "Construction defect" means a deficiency or perceived deficiency that arises directly or indirectly out of the construction of a residential building or the substantial rehabilitation of a residential building, which includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.
(B) "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.
(C) "Owner" means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who has entered into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit.
(D) "Residential building" means a structure that is a one-family, two-family, or three-family dwelling house or a dwelling unit within that structure, any accessory structures incidental to that dwelling house, and a unit in a condominium development in which the owner holds title to that unit. "Residential building" includes any structure that is used as a model to promote the sale of a similar dwelling house.
(E) "Residential contractor" means a person or entity who has primary responsibility for the construction or substantial rehabilitation of a residential building.
Sec. 1312.02. (A) No owner shall commence arbitration proceedings or file a dwelling action against a residential contractor unless at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, delivered in person, or sent by any means the contractor has indicated communications may be sent, including facsimile transmission and electronic mail. The notice shall substantially comply with the requirements set forth in division (B) of this section. (B) Any notice that an owner provides to a contractor pursuant to this section shall substantially do all of the following:
(1) Assert a claim involving a construction defect by itemizing and describing those construction defects;
(2) Include or attach a copy of any documentation concerning the construction defects prepared by a person who inspected the residential building for the owner; (3) Include the name, address, and telephone number of the owner and the contractor and the address of the building that is the subject of the claim.
(C) After receiving a notice of defects, a contractor may request an owner to provide a description of the cause of the defects and the nature and extent of repairs necessary to remedy the defects. An owner may provide this information if the owner has knowledge of the cause of the defects and the repairs necessary to remedy those defects.
(D) If a contractor files a mechanics lien or commences any type of arbitration proceeding or legal action against an owner, this chapter does not apply and the owner immediately may counterclaim, commence an arbitration proceeding, or file a dwelling action against the contractor.
Sec. 1312.03. (A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.02 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following actions: (1) Inspect the residential building that is the subject of the claim;
(2) Compromise and settle the claim without an inspection;
(B) If a contractor fails to respond as required by division (A) of this section or disputes the claim, an owner is deemed to have complied with this chapter and may commence an arbitration proceeding or file a dwelling action without further notice to the contractor. (C)(1) If an owner rejects a contractor's offer to inspect the property or to compromise and settle a claim, the owner shall notify the contractor of that rejection within fourteen days after receiving the contractor's offer. The rejection notice shall be in writing and include a reason for the rejection. (2) After providing a rejection notice, an owner has complied with this chapter and may commence an arbitration proceeding or file a dwelling action without further notice to the contractor.
Sec. 1312.04. (A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contractor shall take reasonable measures to determine the nature and cause of the construction defects and the appropriate remedy. The measures the contractor takes may include, but are not limited to, testing. (B) Within ten days after a residential contractor conducts an inspection as described in this section, the contractor shall provide the owner with one of the following:
(1) A written offer to remedy the defects at no cost to the owner. The offer shall be accompanied by an inspection report, a prediction of the additional construction work necessary to remedy each defect, and a timetable for completing the work necessary to remedy the defects. (2) A written offer to settle the claim;
(3) A written statement asserting that the contractor does not intend to remedy the defects.
(C) An owner has complied with this chapter and may commence an arbitration proceeding or file a dwelling action without further notice to the contractor if any of the following occur:
(1) The contractor does not inspect the property within fourteen days after the owner accepts the offer to inspect.
(2) Following an inspection, the contractor does not provide a written response.
(3) The contractor responds that the contractor does not intend to remedy the defects.
(4) The contractor fails to remedy the defects in the manner the contractor describes or within the timetable the contractor provides.
(D) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the contractor may take reasonable steps to document the repair and to inspect the repair or have it inspected.
Sec. 1312.05. Unless otherwise indicated in this chapter, an owner has complied with this chapter and may commence an arbitration proceeding or file a dwelling action sixty days after the owner provides the residential contractor with a defect notice pursuant to division (A) of section 1312.02 of the Revised Code.
Sec. 1312.06. (A) All applicable statutes of limitation or repose are tolled from the time the owner sends a notice of defect to a contractor pursuant to section 1312.02 of the Revised Code until the owner has complied with this chapter.
(B) If an owner files a dwelling action without having complied with this chapter, a court shall dismiss that action without prejudice. The owner may again file that dwelling action after complying with this chapter.
(C) This chapter does not apply to any civil action in tort alleging personal injury or wrongful death to a person resulting from a construction defect.
Sec. 3703.01. (A) The division of industrial compliance in the
department
of commerce shall: (A)(1) Inspect all
nonresidential buildings within the meaning
of section
3781.06 of the Revised Code;
(B)(2) Condemn all unsanitary or defective plumbing that is
found in connection with such those places;
(C)(3) Order such changes in plumbing as are necessary to
insure the safety of the public health.
(B)(1) 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. (2) 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 to those chapters relating to
plumbing in such types of buildings. (3) 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 (4) 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. (C) 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. (D) 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 pursuant to those chapters. The
(E) 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 those chapters or with the rules
and
regulations of the board of
building standards adopts. Such Those 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 that is
not in direct
conflict with such those
chapters or with such rules
and
regulations. (B) The state residential building code the board of building standards adopts pursuant to section 3781.10 of the Revised Code does not prevent a local government authority from adopting additional regulations governing residential structures that do not conflict with the state residential building code if the procedures in division (C) of this section are followed. (C)(1) A local governing authority shall, and any person may, notify the board of building standards of any regulation the local governing authority adopts pursuant to division (B) of this section and request the board of building standards to determine whether that regulation conflicts with the state residential building code.
(2) Not later than sixty days after receiving a notice under division (C)(1) of this section, the board shall
determine whether the regulation conflicts with the state residential building code and shall notify any person who submitted the notice and the local governing authority that adopted the regulation of the board's determination. (a) If the board determines that a conflict does not exist, the board shall take no further action with regard to the regulation. If the board determines a conflict exists and the regulation is not necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the regulation is not valid and the local governing authority may not enforce the regulation. (b) If the board determines that a conflict exists and that the regulation is necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the board shall adopt a rule to incorporate the regulation into the state residential building code. Until the rule becomes a part of the state residential building code, the board shall grant a temporary variance to the local governing authority and any similarly situated local governing authority to which the board determines the temporary variance should apply. (D) As used in this section, "local governing authority"
means a board of county commissioners, a board of township
trustees, and the legislative authority of a municipal corporation.
Sec. 3781.03. (A) The fire marshal or the fire chief of a municipal
corporations having corporation that has a fire departments department or the fire chief of
townships having a township that has a fire departments department shall enforce all the provisions of
Chapters 3781. and 3791. of the Revised Code relating that relate to fire
prevention. (B) The superintendent of the division of industrial compliance,
the building
inspector, or commissioner of buildings in a municipal
corporations whose corporation, county, or township in which the
building departments have been department is 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
building regulations 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 in the jurisdiction of each entity all the
provisions in
such those chapters and any regulations rules adopted pursuant
thereto
relating to those chapters that relate to the construction, arrangement, and the erection of
all
buildings or parts thereof of buildings, as defined in section 3781.06 of
the
Revised Code, including the sanitary condition of the same those buildings in
relation to heating and ventilation. (C) The division of industrial compliance in the department of
commerce or,
the boards of health of
health
districts, or and 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 Chapters 3781.
and regulations
relating 3791. of the Revised Code and the rules adopted pursuant to those chapters that relate
to plumbing. (D)(1) The department of the city engineer, in cities having such
departments, shall have complete supervision and regulation of authority to supervise and regulate
the
entire sewerage and drainage system of the city municipal corporation, including
the
house drain and the house sewer and all laterals draining
into the
street sewers. (2) The department of the city engineer shall have control and
supervision of supervise the installation and construction of all drains
and
sewers that become a part of the sewerage system of the city municipal corporation
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 municipal corporation. (E) 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 (A) Any department or agency of the
state
or any political subdivision attempts to enforce that enforces Chapters
3781.
and 3791. of the Revised Code or any the rules
or regulations
adopted
pursuant thereto to those chapters, 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 in this section. (B)(1) Any person charged with the duty of enforcing Chapters
3781.
and 3791. of the Revised Code or the rules or regulations
adopted
pursuant thereto to those chapters 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 an industrialized 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 to those chapters.
The effect of
such an order shall be limited to the matter
specified therein. Every (2) Any 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 compliance with Chapters 3781. and 3791. of the Revised Code.
(C) Upon the issuance of any order provided for herein in this section, the
person receiving such the 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 an industrialized 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 the hearing have been
completed, or the order issued herein has been released. (D) 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. Any party adversely affected by an order
issued following
such an 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 the order is located; the. 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 the
record and such additional
evidence as is introduced by any
party; and the introduces. The court shall not
affirm the agency's order of the agency
unless the preponderance of the
evidence before it supports the
reasonableness and lawfulness of
such the 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. (E) Failure to cease work after receipt of receiving 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 of those buildings erected within this
state, shall be so constructed,
erected, equipped, and maintained
that they shall to 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 do 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 the buildings or
structures are located, provided such those 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 any accessory structure
incidental to that dwelling house. "Residential building" includes a one-family, two-family, or three-family dwelling house that is used as a model to promote the sale of a similar dwelling house. "Residential building" does not include an industrialized unit as defined by division (C)(3) of this section, 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. (10) "Nonresidential building" means any building that is
not a residential building, a manufactured home, or an industrialized unit. (11) "Accessory structure" means a structure that is located on the same lot as a residential building, is constructed or installed on, above, or below the surface of that lot, and 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 (1) The board of building standards shall 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 to those buildings, the
construction of industrialized units, the installation of
equipment, and the standards or requirements for materials to be
used in connection therewith with those buildings. The board shall 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 those
buildings. The (2) The rules shall
be governing nonresidential buildings are
the
lawful minimum
requirements
specified for such those buildings or and industrialized
units,
except that
no rule, except other than as provided in division (C) of
section
3781.108 of
the Revised Code, which that specifies a higher
requirement
than is
imposed by any section of the Revised Code
shall be is
enforceable; the. The rules governing residential buildings are uniform requirements for residential buildings in any area with a building department certified to enforce the state residential building code. In no case shall any local code or regulation differ from the state residential building code unless that code or regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code. (3) The rules shall be acceptable as adopted pursuant to this section are complete,
lawful
alternatives to
the any requirements specified for such
buildings or
industrialized
units in any section of the Revised
Code; and the. 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 The board shall report to the general assembly such proposals for
amendments in to existing statutes relating to the purposes declared
in section 3781.06 of the Revised Code as that public health and
safety
and the development of the arts require and such shall recommend any
additional
legislation as it recommends with a view to assist in carrying
out fully, in
statutory form, the purposes declared in such that
section; and. The board shall 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 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, the board shall determine by rule 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. The board shall make its determination with 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 that section of
the Revised Code, is permitted by law; and on
like application. The board shall
amend or annul any such rule or issue an
authorization for the use
of a new material or manufactured unit;
and no on any like application. 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 the board of building standards adopts or
authorization issued by the board of building
standards issues or in that is authorized by 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 adopts pursuant to section
3781.11 of the
Revised Code. (D) Recommend The board shall recommend rules, codes, and standards to help carry out the purposes of section 3781.06 of the Revised Code and to help secure uniformity of state administrative rulings and local legislation and administrative action 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; and shall recommend that they audit those recommended rules, codes, and standards by any appropriate action that they are allowed pursuant to law or the constitution. (E) Certify (1) The board shall certify municipal, township, and county building
departments and the personnel of those building departments, and persons and employees of individuals, firms, or corporations as described in division (E)(7) 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 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. (2) The board shall certify departments, personnel, and persons to enforce the state residential building code, to enforce the nonresidential building code, or to enforce both the residential and the nonresidential building codes. Any department, personnel, or person may enforce only the type of building code for which certified.
(3) The board shall not require a building department, its personnel, or any persons that it employs to be certified for residential building code enforcement if that building department does not enforce the state residential building 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 for residential and nonresidential building code enforcement, which requirements shall
be consistent with this division. The requirements for residential and nonresidential certification may differ. 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 which shall be not specify less than
thirty hours
of continuing building code education within a
three-year period;. The rules
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, recognizes are acceptable for purposes of
this division; and. The rules 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 establish. The (4) 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, who are certified
pursuant to this division. All individuals (5) Any individual 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 certification.
(6) This division does not require or authorize the
certification
by the board of board to 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, whose responsibilities do not include
the exercise of
enforcement authority, the approval of plans and
specifications,
or the making of inspections, under the Ohio state residential and nonresidential
building code codes. (1)(7) Enforcement authority for approval of plans and
specifications and enforcement authority for inspections may be exercised, and plans and specifications may
be approved, 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 certifies:
(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 pursuant to a
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, and persons under contract with, a 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 pursuant to a 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)(8) 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 for which they have been are
certified
under this section and as to which such certification
remains in
effect.
(4) Such certification (9) Certification shall be granted upon application by the
municipal corporation, the board of township trustees, or the
board of county commissioners and approval of such that application by
the board of building standards. Such The 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) division (E)(7)(b) of this section; (d) The names of any other municipal corporations corporation, townships township,
counties county, health districts district, or other political subdivisions contracting subdivision under contract to furnish work or services pursuant to divisions
(E)(1)(c) and (2)(c) division (E)(7) of this section; (e) The proposed budget for the operation of
such
the
building department. (5)(10) The board of building standards shall adopt rules
governing all of the following:
(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) division (E)(7) of this
section. Any The rules shall disqualify 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 that
employee or person would have 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 furnishes 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 residential and nonresidential
building code codes as it pertains they pertain to such that
work. (b) The minimum services to be provided by a certified
building department. (6) Such certification (11) The board of building standards may be revoked revoke or suspended with
respect to
any or all of suspend certification to enforce the
residential and
nonresidential building
occupancies to which it
relates
codes, on petition to the board of
building standards by any
person affected by such that 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)(12) Upon certification, and until such that authority is
revoked, any
county and or township building departments department shall enforce
such rules
over those occupancies listed in the application
the
residential and nonresidential building codes for which it is certified 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.
(F) Conduct such hearings, in In addition to those required
by hearings
sections 3781.06 to 3781.18 and 3791.04 of the Revised Code require,
and the board of building standards shall
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 The board shall adopt 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 the review or testing of
the materials, assembly, or products submitted and for the 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;
The residential
construction advisory committee shall provide the board with a proposal for a state residential building code that
the committee recommends pursuant to division (C)(1) of section
4740.14 of the Revised Code. Upon receiving a recommendation
from the committee that is acceptable to the board, the board
shall adopt rules establishing that code as the state
residential building code. (I) Cooperate The board shall 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 The board shall 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 adopted by a board of county commissioners pursuant
to
this division 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 rules adopted by the
board of building standards pursuant to section 3781.10 of the
Revised Code or 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
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
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 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.
(E) The political subdivision associated with each
municipal, township, and county building department certified by
the board of building standards certifies 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 fees equal to three the following: (1) Three per cent of such
the fees the political subdivision collects in connection with nonresidential buildings; (2) One per cent of the fees the political subdivision collects in connection with residential buildings. The (G)(1) 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
(F) of this section shall be
collected and remitted
monthly to the board. The board shall pay the fee
assessed
pursuant to this division fees into the state treasury to the credit of
the industrial compliance operating fund created in section
121.084 of the
Revised Code. (2) All money credited to the industrial compliance operating fund under this division shall be
used
exclusively for both of the following: (1)(a) Operating costs of the board;
(2)(b) 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)(H) 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)(I) As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor,
refrigeration contractor, electrical contractor, plumbing
contractor,
or
hydronics 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 standards and requirements that are uniform throughout the state, 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. (A) Any person may petition the board of building
standards to
adopt, amend, or annul a rule
or regulation adopted 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 that 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
those purposes, where the use is permitted by law.
Upon (B) Upon petition, the
board shall cause to be conducted such testing and
evaluation as
that the board shall determine determines 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 adopts pursuant to section 3781.10 of the Revised
Code. If (C) If the board,
after hearing, deems determines 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 as provided by 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 the 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 constitutes approval for their use
anywhere in Ohio this state. Any such rule
or regulation or, amendment, or annulment
thereof shall does not take
effect until a date fixed by the board fixes and stated
therein states. No
such rule,
regulation, amendment, or annulment shall apply applies to any
building for which the plans or drawings, specifications, and data of which
have been
were approved prior to the time such the rule,
regulation,
amendment, or annulment
takes effect becomes effective. All hearings of the board
shall be are open to the public. Each of
the members member 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 the rule
or regulation, in the manner
provided in sections 3781.06 to 3781.18, inclusive, and section
3791.04 of the Revised Code. Such Any petition for hearing shall be
by verified petition filed with the board setting and shall set out
specifically
and in full detail the action of the board upon
which a hearing is
desired, and the reason why such that action is
unreasonable or
unlawful, and every issue to be considered by the
board should consider on the
hearing. Such The 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 the record is
required to
be so filed with the secretary of state; otherwise the petition shall be filed within thirty days after the
action is
taken. Upon receipt of said the petition, after a hearing
which shall
be held within thirty days thereafter after the receipt of the petition and of which
after notice has been
given to the petitioner, the board may determine
that such the 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 board does not determine the matter in hearing is
not determined by the board within two
weeks after such the 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 the rules
or regulations adopted pursuant thereto
to those chapters describe particular fixtures, devices, materials, systems, method of
manufacture, product of a manufacturing process, or methods or
manners of construction or installation are described pertaining to nonresidential buildings, such
description prescribes
those descriptions prescribe minimum
standards of
safety and sanitary
conditions exemplified by such that a particular
fixtures fixture, devices device,
materials material, systems system, method of manufacture,
product of a
manufacturing process, or methods method or manners manner of
construction or
installation exemplifies. Where the The use of another fixture,
device,
material, system, industrialized unit, newly designed
product, or
method, or manner of construction or installation is
desired
which that is at variance with what is described in such
chapters,
such use the descriptions is permissible, if such other the fixture, device,
material,
system, manufactured component or unit, product, method,
or
manner of construction complies with performance standards as
determined by the board determines.
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. (A) 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. (B) Whoever violates this chapter or any rule adopted or order
issued pursuant to it that relates to the
construction, alteration, or repair of any building, and the violation is
not detrimental to the health, safety, or welfare of any person,
is guilty of a minor misdemeanor. (C) Whoever violates this chapter or any rule adopted or order
issued pursuant to it that relates to the
construction, alteration, or repair of any building, and the violation is
detrimental to the health, safety, or welfare of any person, is
guilty of a misdemeanor of the fourth degree.
Sec. 3791.04. (A)(1)
Before
beginning the construction,
erection, or
manufacture of any building to which section 3781.06
of the Revised Code is
applicable applies, including all industrialized
units, the owner thereof of that building, 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 that indicate thereon the portions that have
been approved
pursuant to section 3781.12 of the Revised Code, and for
which no
further approval shall be is 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 there is unless one of the following applies: (a) If no
certified
municipal,
township, or county building department,
certified for nonresidential buildings pursuant to division (E) of section 3781.10 of the Revised Code has jurisdiction, 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.
(b) If no certified municipal,
township, or county building department certified for residential buildings pursuant to division (E) of section 3781.10 of the Revised Code has jurisdiction, the owner is not required to make the
submissions described in division (A)(1) of this section. (2)(a) 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 is required for any plans, drawings,
specifications, or data submitted for approval, unless the
plans,
drawings, specifications, or data may are permitted to 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. (b) No seal shall be is 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. (c) No seal shall be is 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 is 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 the plans or
drawings, specifications, and data have been so approved as this section requires, 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 those 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 requests 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 requests 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 those 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
are submitted. When any plans are approved by the department having
jurisdiction, the structure and every particular thereof
represented by and disclosed in 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 to those chapters, 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 to inspect the industrialized unit is made, or the
disapproval of such plans and specifications, or the refusal to
approve such an 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 that 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
when industrialized units
are used exclusively as one-, two-, or
three-family dwellings. (G) Notwithstanding any procedures established by the
board establishes,
if the agency having jurisdiction, if it objects to any portion of
the plans or specifications, upon the request of the owner or
the owner's representative of the owner, may request the agency to issue conditional approval to
proceed
with construction up to the point where there is
of the 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 the construction or materials
objected to by
the agency are to be incorporated into the
building. No
construction shall proceed beyond this that point without
the prior
approval of the agency or another agency which that 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. 3791.042. If a building department certified under
division (E) of section 3781.10 of the Revised Code does not have
personnel in its full-time employ as described in division
(E)(1)(a) of section 3781.10 of the Revised Code who are
certified by the board of building standards to do plan and
specification review, plans and specifications submitted to the
building department shall be examined by the approved building
official and shall be approved by him the official if the plans
and
specifications are determined to conform with the Ohio building
code and Chapters 3781. and 3791. of the Revised Code, and if the
plans and specifications satisfy both of the following
requirements: (A) The plans and specifications were prepared by an
architect who is certificated and registered pursuant to Chapter
4703. of the Revised Code, or by a professional engineer who is
registered pursuant to Chapter 4733. of the Revised Code.
(B) The and those plans and specifications contain a written
certification by an the architect or professional engineer, as
described in division (A) of this section, that indicates that
the plans and specifications conform to the requirements of the
Ohio building code and Chapters 3781. and 3791. of the Revised
Code.
Sec. 3791.99. (A) 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. (B) 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. (C)
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 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 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 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 restricts or limit limits 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 for 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 issues to an
individual as a
heating, ventilating, and air
conditioning contractor,
refrigeration contractor, electrical
contractor, plumbing
contractor,
or hydronics contractor. (B) "Heating, ventilating, and air conditioning
contractor"
means any individual or business entity who that 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; (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)
"Contractor" means a heating, ventilating, and air
conditioning contractor, a refrigeration contractor, an
electrical
contractor, a plumbing contractor,
or a hydronics
contractor. (H) "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) "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 or a residential building 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. 4740.14. (A) There is hereby created within the
department
of commerce the residential construction advisory
committee consisting of
eight persons the director of
commerce appoints.
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 the Ohio fire chief's association submits, 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. 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 for the
remainder of
that term. (C) The advisory committee shall do all of the following: (1) Recommend to the board of building
standards a
building code
for residential buildings. The committee shall recommend a code
that it models on a residential building code a
national model code organization issues, with adaptations necessary to implement the code in this state. If the board of
building
standards decides not to adopt a code the
committee recommends, the committee shall revise the code and resubmit
it until the board adopts a code the
committee recommends as the state residential building code; (2) Advise the board regarding the establishment of
standards for
certification of building officials who enforce the state residential
building code; (3) Assist the board in providing information and guidance
to
residential
contractors and building
officials who
enforce the state residential
building code; (4)
Advise the board regarding the interpretation of the
state residential building code;
(5) Provide other assistance the committee 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
state residential building code may
have upon
the health,
safety, and welfare of the public; (2) The economic reasonableness of the
residential
building code; (3) The technical feasibility of the
residential
building code; (4) The financial impact that the
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 and shall receive a per diem, to be paid from the residential contractor licensing fees, for each day in attendance at an official meeting of the committee. (F) The advisory committee is not subject to divisions
(A)
and (B) of section 101.84 of the Revised Code.
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)(D) and
(F)(E) 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. (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)(E) 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)(F) 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)(E)
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)(G) An order issued under division (G)(F) 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.
Sec. 4929.09. In accordance with the commission's order prescribing a
separation plan under division (F)(E) of section 4929.04 of the Revised Code, a
natural gas company granted an exemption under section
4929.04 of the Revised Code for a commodity sales service or ancillary service
may designate the natural gas
supplies that have been obtained to provide that exempt service. Nothing in
this section prevents the public utilities commission from exercising its
autnority authority under section 4905.302 of the Revised Code,
provided, however, that the designation of the supplies for the exempt service
and the cost of the designated supplies
shall not be considered in the determination of rates and charges for the
company's nonexempt services, including rates and charges determined pursuant
to section 4905.302 of the Revised Code.
Section 2. That existing sections 307.37, 307.38, 307.381,
307.40, 505.73, 505.75, 505.76, 505.77, 505.78, 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, 3791.042, 3791.99,
4703.18, 4733.18,
4740.01, 4929.03, 4929.04, and 4929.09 and
sections 3781.181, 3781.182, 3781.21, and 4933.31 of the Revised
Code are hereby repealed.
Section 3. (A) The Residential Construction Advisory
Committee shall recommend to the Board of Building Standards a
building code for residential buildings. The Committee
shall recommend a code that is modeled after a residential
building code a national model code organization issues, with
adaptations necessary to implement 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 does not approve a code the Committee recommends, the Committee shall revise the code
and resubmit it until the Board agrees to adopt a recommended code
as the state residential
building code. Upon receiving an acceptable residential building
code from the Residential Construction Advisory Committee, the Board shall adopt rules establishing
that code as the state residential building code. (B) 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
state 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 one year after
the effective date of this section.
Section 4. 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
the Board of Building Standards adopts pursuant to this act
may enforce
the state residential building code the Board adopts without being
certified under section 3781.10 of the Revised Code for not more than one year after
that code becomes effective. Thereafter, only a building department certified to enforce the residential building code pursuant to
section 3781.10 of the Revised Code may enforce that code.
Section 5. In enacting the legislation, the intent of the General Assembly is 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.
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