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(127th General Assembly)
(Amended Senate Bill Number 192)
AN ACT
To amend sections 3703.01, 3703.08, and 3781.03 of
the Revised Code to permit the board of health of
a health district to enter into a contract with a
board of county commissioners to authorize the
county building department to inspect plumbing in
any type of building for which the county
department is certified, to permit the board of
health of a health district to enter into a
contract with the board of health of another
health district for the inspection of plumbing
within the first board's district, to require the
Treasurer of State to liquidate the Tobacco Use
Prevention and Control Foundation Endowment Fund
in a prudent manner, to create the Jobs Fund, and
to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3703.01, 3703.08, and 3781.03 of the
Revised Code be amended to read as follows:
Sec. 3703.01. (A) The Except as otherwise provided in this
section, the division of industrial compliance in the
department
of commerce shall do all of the following:
(1) Inspect all
nonresidential buildings within the meaning
of section
3781.06 of the Revised Code;
(2) Condemn all unsanitary or defective plumbing that is
found in connection with those places;
(3) Order changes in plumbing necessary to
insure the safety
of the public health.
(B)(1)(a) The division of industrial compliance and,
boards
of health of
city and general
health districts, and county
building departments shall not inspect plumbing or
collect fees
for
inspecting plumbing in particular types of
buildings in any
municipal corporation that has been is certified by
the board
of
building standards under section 3781.10 of the
Revised Code to
exercise enforcement authority for plumbing in
such those types of
buildings.
(2)(b) The division shall not inspect plumbing or collect
fees
for
inspecting plumbing in particular types of buildings in
any
health
district that has employed employs one or more approved
plumbing
inspectors certified pursuant to division (D) of this
section to enforce Chapters 3781. and 3791. of the Revised
Code
and the
rules adopted pursuant to those chapters relating to
plumbing in such those types of buildings.
(3) A (c) The division shall not inspect plumbing or collect
fees for inspecting plumbing in particular types of buildings in
any health district where the county building department is
authorized to inspect those types of buildings pursuant to a
contract described in division (C)(1) of this section.
(d) The division shall not inspect plumbing or collect fees
for inspecting plumbing in particular types of buildings in any
health district where the board of health has entered into a
contract with the board of health of another district to conduct
inspections pursuant to division (C)(2) of this section.
(2) No county building department shall inspect plumbing or
collect fees for inspecting plumbing in any type of building in a
health district unless the department is authorized to inspect
that type of building pursuant to a contract described in division
(C)(1) of this section.
(3) No municipal corporation does not have jurisdiction to
shall
inspect
plumbing or collect fees for the inspection of
inspecting plumbing
in types
of buildings for which it has is not
been certified by the
board of
building standards under section
3781.10 of the Revised
Code to
exercise enforcement authority.
(4) A No board of health of a health district does not
have
jurisdiction to shall inspect plumbing or collect fees for the
inspection of inspecting plumbing in types of buildings for which
it does
not
have an approved a plumbing inspector certified
pursuant to division (D) of this section.
(C)(1) The board of health of a health district may enter
into a contract with a board of county commissioners to authorize
the county building department to inspect plumbing in buildings
within the health district. The contract may designate that the
department inspect either residential or nonresidential buildings,
as those terms are defined in section 3781.06 of the Revised Code,
or both types
of buildings, so long as the department employs a
plumbing
inspector certified pursuant to division (D) of this
section to
inspect the types of buildings the contract
designates. The board
of health may enter into a contract
regardless of whether the
health district employs any certified
plumbing inspectors to
enforce Chapters 3781. and 3791. of the
Revised Code.
(2) The board of health of a health district, regardless of
whether it employs any certified plumbing inspectors to enforce
Chapters 3781. and 3791. of the Revised Code, may enter into a
contract with the board of health of another health district to
authorize that board to inspect plumbing in buildings within the
contracting board's district. The contract may designate the
inspection of either residential or nonresidential buildings as
defined in section 3781.06 of the Revised Code, or both types of
buildings, so long as the board that performs the inspections
employs a plumbing inspector certified pursuant to division (D) of
this section to inspect the types of buildings the contract
designates.
(D) The superintendent of industrial compliance
shall adopt
rules
prescribing minimum qualifications based on education,
training,
experience, or demonstrated ability, which that the
superintendent
shall use
in certifying or recertifying plumbing
inspectors to do plumbing
inspections for
health districts and
county building departments that are authorized to perform
inspections pursuant to a contract under division (C)(1) of this
section, and for continuing education of plumbing inspectors. Such
Those minimum qualifications
shall be related to
the types of
buildings for which a person
seeks approval certification.
(D)(E) The superintendent may enter into reciprocal
registration, licensure, or certification agreements with other
states and other agencies of this state relative to plumbing
inspectors if both of the following apply:
(1) The requirements for registration, licensure, or
certification of plumbing inspectors under the laws of the other
state or laws administered by the other agency are substantially
equal to the requirements the superintendent adopts under division
(C)(D) of this section for certifying plumbing inspectors.
(2) The other state or agency extends similar reciprocity to
persons certified under this chapter.
(E)(F) The superintendent may select and contract with one or
more persons to do all of the following regarding examinations for
certification of plumbing inspectors:
(1) Prepare, administer, score, and maintain the
confidentiality of the examination;
(2) Maintain responsibility for all expenses required to
comply with division (E)(F)(1) of this section;
(3) Charge each applicant a fee for administering the
examination in an amount the superintendent authorizes;
(4) Design the examination for certification of plumbing
inspectors to determine an applicant's competence to inspect
plumbing.
(F)(G) 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 rules adopted
pursuant
to those chapters.
(G)(H) 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
a condition to
be a menace to the public health.
Sec. 3703.08. Any owner, agent, or manager, of a building in
which an
inspection is made by the division of
industrial
compliance, a board of health of a health district, or a certified
department of building inspection of a municipal corporation or a
county shall
have the entire system of drainage and ventilation
repaired, as the
division, board of health, or
department of
building inspection directs by its order. After due
notice to
repair such that work is given, the
owner, agent, or manager shall
notify the public
authority that issued the order when the work is
ready
for its inspection. No person shall fail to have the work
ready for
inspection at the time specified in the notice.
Sec. 3781.03. (A) The fire marshal or, the fire chief of a
municipal
corporation that has a fire department, or the fire
chief of
a township that has a fire department shall enforce the
provisions of
Chapters 3781. this chapter and Chapter 3791. of the
Revised Code that relate to fire
prevention.
(B) The superintendent of the division of industrial
compliance, or
the building
inspector, or commissioner of
buildings in a municipal
corporation, county, or township in which
the
building department is 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
those
chapters this chapter and Chapter 3791. of the Revised Code and
any rules adopted pursuant
to those chapters that relate to the
construction, arrangement, and erection of
all
buildings or parts
of buildings, as defined in section 3781.06 of
the
Revised Code,
including the sanitary condition of those buildings in
relation to
heating and ventilation.
(C) The division of industrial compliance in the department
of
commerce,
the boards of health of
health
districts, and the
certified departments of building inspection of
municipal
corporations, and county building departments that have authority
to perform inspections pursuant to a contract under division
(C)(1) of section 3703.01 of the Revised Code, subject to
Chapter
3703. of the Revised Code, shall enforce Chapters 3781. this
chapter
and Chapter 3791. of the Revised Code and the rules
adopted pursuant to those chapters that relate
to plumbing.
Building drains are considered plumbing for the purposes of
enforcement of those chapters.
(D)(1) In accordance with Chapter 3703. of the Revised Code,
the department of the city engineer, in cities having such
departments, the boards of health of health districts, or the
sewer purveyor, as appropriate, shall have complete authority to
supervise and regulate
the
entire sewerage and drainage system in
the jurisdiction in which it is exercising the authority described
in this division, including
the
building sewer and all laterals
draining
into the
street sewers.
(2) In accordance with Chapter 3703. of the Revised Code, the
department of the city engineer, the boards of health of health
districts, or the sewer purveyor, as appropriate, shall control
and
supervise the installation and construction of all drains
and
sewers that become a part of the sewerage system and
shall issue
all the necessary permits and licenses for the
construction and
installation of all building
sewers
and of all other lateral
drains that empty into the main
sewers.
The department of the city
engineer, the boards of health of health districts, and the sewer
purveyor, as appropriate, shall keep a permanent record of
the
installation
and location of every drain and sewer of the
drainage
and sewerage
system of the jurisdiction in which it has exercised
the authority described in this division.
(E) This section does not exempt any officer or department
from
the obligation to enforce Chapters 3781. this chapter and
Chapter 3791.
of the
Revised
Code.
SECTION 2. That existing sections 3703.01, 3703.08, and
3781.03 of the Revised Code are hereby repealed.
SECTION 3. Notwithstanding any provision of law to the
contrary, on the effective date of this section, the Treasurer of
State shall
liquidate the Tobacco Use Prevention and Control
Foundation Endowment Fund created by section 183.08 of the Revised
Code in a prudent manner. The first $40 million
in proceeds from
liquidation shall be held in the custody of the
Treasurer of
State, but shall not be part of the state treasury. Those moneys
shall be made available to the Tobacco Use Prevention
and Control
Foundation for the sole purpose of paying contractual or other
legally binding obligations that were entered into by the
Foundation on or before
the effective date of this section. The
Treasurer of State
shall deposit the remaining
proceeds from
liquidation into the
state treasury to the credit of
the Jobs
Fund (Fund 5Z30), which
is hereby created.
SECTION 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
promote public health and safety by increasing the efficiency of
plumbing inspection procedures under county government as well as
to
minimize the impact of current economic stresses by using
state
funds in a prudent manner to increase employment and job
security.
Therefore, this act shall go into immediate effect.
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