chapter 1 - scope and administration

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CHAPTER 1 SCOPE AND ADMINISTRATION SECTION 101 GENERAL 101.1 Title. Chapter 4101:2-1 to 4101:2-15 of the Administra- tive Code shall be designated as the “Ohio Mechanical Code” for which the designation “OMC” may be substituted. The “International Mechanical Code 2009, first printing, Chapters 2 to 15,” as published by the “International Code Council, Inc.” is used as the basis of this document and is incorporated fully except as modified in italic herein. References in these chapters to “this code” or to the “mechanical code” in other sections of the Administrative Code shall mean the “Ohio Mechanical Code.” 101.2 Scope. The provisions of this code shall apply to the design, installation, maintenance, alteration, repair, reloca- tion, replacement, addition to, use and inspection of mechani- cal systems within buildings. This code shall also apply to those systems, system components, equipment and appliances specif- ically addressed herein. 101.3 Administrative and enforcement. For administrative and enforcement provisions of this code, refer to sections 101.2 to 115.13 of the building code. 101.4 Referenced standards. When a reference is made within the mechanical code to a federal statutory provision, an indus- try consensus standard, or any other technical publication, the specific date and title of the publication as well as the name and address of the promulgating agency are listed in Chapter 15 of this code. The application of the referenced standards shall be limited and as prescribed in section 102.5 of the building code. CHAPTER 1 OF THE 2011 OHIO BUILDING CODE USE AS REFERENCE FOR THIS CODE ONLY (PROVIDED AS A CONVENIENCE FOR CODE USERS) SECTION 101 GENERAL 101.1 Title. Chapters 4101:1-1 to 4101:1-35 of the Adminis- trative Code shall be designated as the “Ohio Building Code” for which the designation “OBC” may be substituted. The “International Building Code 2009, first printing, Chapters 2 to 35,” as published by the “International Code Council, Inc.” is used as the basis of this document and is incorporated fully except as modified herein. References in these chapters to “this code” or to the “building code” in other sections of the Admin- istrative Code shall mean the “Ohio Building Code.” 101.2 Scope. The provisions of the “Ohio Building Code,” the “Ohio Mechanical Code,” and the “Ohio Plumbing Code” shall apply to the construction, alteration, movement, enlarge- ment, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every build- ing or structure or any appurtenances connected or attached to such buildings or structures. As provided in division (B) of Sec- tion 3791.04 of the Revised Code, no plans or specifications shall be approved or inspection approval given unless the building represented by those plans or specifications would, if constructed, repaired, erected, or equipped according to those plans or specifications, comply with Chapters 3781. and 3791. of the Revised Code and any rules adopted by the board. An owner may exceed the requirements of the “Ohio Building Code” in compliance with section 102.9. Exceptions: 1. This code applies to detached one-, two-, and three-family dwellings and structures accessory to those dwellings, only to the extent indicated in sec- tion 310 of this code. 2. Buildings owned by and used for a function of the United States government. 3. Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, 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 nor- mal crop year on farms owned or operated by the seller (see Sections 3781.06 and 3781.061 of the Revised Code). 4. Agricultural labor camps. 5. Type A or Type B family day-care homes, except for the inspection required for licensure by the “Ohio Department of Jobs and Family Services (ODJFS).” This required inspection shall be con- ducted by the certified building department having jurisdiction or the division of industrial compliance and labor in accordance with the inspection check- list found on the board of building standard’s website. 6. Buildings or structures which are designed, con- structed, and maintained in accordance with fed- eral standards and regulations and are used primarily for federal and state military purposes where the U.S. secretary of defense, pursuant to 10 U.S.C. Sections 18233(a)(1) and 18237, has acquired by purchase, lease, or transfer, and con- structs, expands, rehabilitates, or corrects and equips, such buildings or structures as he deter- mines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C. 7. Manufactured homes constructed under “24 cfr part 3280,” “Manufactured Home Construction and Safety Standards” and within the scope of the 2011 OHIO MECHANICAL CODE 1 Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by INDIVIDUAL USE ONLY pursuant to License Agreement. No further reproductions authorized.

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Page 1: Chapter 1 - Scope and Administration

CHAPTER 1

SCOPE AND ADMINISTRATION

SECTION 101GENERAL

101.1 Title. Chapter 4101:2-1 to 4101:2-15 of the Administra-tive Code shall be designated as the “Ohio Mechanical Code”for which the designation “OMC” may be substituted. The“International Mechanical Code 2009, first printing, Chapters2 to 15,” as published by the “International Code Council,Inc.” is used as the basis of this document and is incorporatedfully except as modified in italic herein. References in thesechapters to “this code” or to the “mechanical code” in othersections of the Administrative Code shall mean the “OhioMechanical Code.”

101.2 Scope. The provisions of this code shall apply to thedesign, installation, maintenance, alteration, repair, reloca-tion, replacement, addition to, use and inspection of mechani-cal systems within buildings. This code shall also apply to thosesystems, system components, equipment and appliances specif-ically addressed herein.

101.3 Administrative and enforcement. For administrativeand enforcement provisions of this code, refer to sections 101.2to 115.13 of the building code.

101.4 Referenced standards. When a reference is made withinthe mechanical code to a federal statutory provision, an indus-try consensus standard, or any other technical publication, thespecific date and title of the publication as well as the name andaddress of the promulgating agency are listed in Chapter 15 ofthis code. The application of the referenced standards shall belimited and as prescribed in section 102.5 of the building code.

CHAPTER 1 OF THE 2011 OHIO BUILDING CODEUSE AS REFERENCE FOR THIS CODE ONLY

(PROVIDED AS A CONVENIENCE FOR CODE USERS)

SECTION 101GENERAL

101.1 Title. Chapters 4101:1-1 to 4101:1-35 of the Adminis-trative Code shall be designated as the “Ohio Building Code”for which the designation “OBC” may be substituted. The“International Building Code 2009, first printing, Chapters 2to 35,” as published by the “International Code Council, Inc.”is used as the basis of this document and is incorporated fullyexcept as modified herein. References in these chapters to “thiscode” or to the “building code” in other sections of the Admin-istrative Code shall mean the “Ohio Building Code.”

101.2 Scope. The provisions of the “Ohio Building Code,” the“Ohio Mechanical Code,” and the “Ohio Plumbing Code”shall apply to the construction, alteration, movement, enlarge-ment, replacement, repair, equipment, use and occupancy,location, maintenance, removal and demolition of every build-ing or structure or any appurtenances connected or attached tosuch buildings or structures. As provided in division (B) of Sec-

tion 3791.04 of the Revised Code, no plans or specificationsshall be approved or inspection approval given unless thebuilding represented by those plans or specifications would, ifconstructed, repaired, erected, or equipped according to thoseplans or specifications, comply with Chapters 3781. and 3791.of the Revised Code and any rules adopted by the board. Anowner may exceed the requirements of the “Ohio BuildingCode” in compliance with section 102.9.

Exceptions:

1. This code applies to detached one-, two-, andthree-family dwellings and structures accessory tothose dwellings, only to the extent indicated in sec-tion 310 of this code.

2. Buildings owned by and used for a function of theUnited States government.

3. Buildings or structures which are incident to the usefor agricultural purposes of the land on which saidbuildings or structures are located, provided suchbuildings or structures are not used in the businessof retail trade; for the purposes of this section, abuilding or structure is not considered used in thebusiness of retail trade if fifty per cent or more of thegross income received from sales of products in thebuilding or structure by the owner or operator isfrom sales of products produced or raised in a nor-mal crop year on farms owned or operated by theseller (see Sections 3781.06 and 3781.061 of theRevised Code).

4. Agricultural labor camps.

5. Type A or Type B family day-care homes, except forthe inspection required for licensure by the “OhioDepartment of Jobs and Family Services(ODJFS).” This required inspection shall be con-ducted by the certified building department havingjurisdiction or the division of industrial complianceand labor in accordance with the inspection check-list found on the board of building standard’swebsite.

6. Buildings or structures which are designed, con-structed, and maintained in accordance with fed-eral standards and regulations and are usedprimarily for federal and state military purposeswhere the U.S. secretary of defense, pursuant to 10U.S.C. Sections 18233(a)(1) and 18237, hasacquired by purchase, lease, or transfer, and con-structs, expands, rehabilitates, or corrects andequips, such buildings or structures as he deter-mines to be necessary to carry out the purposes ofChapter 1803 of the U.S.C.

7. Manufactured homes constructed under “24 cfrpart 3280,” “Manufactured Home Constructionand Safety Standards” and within the scope of the

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rules adopted by the Ohio Manufactured HomeCommission.

8. Sewerage systems, treatment works, and disposalsystems (including the tanks, piping, and processequipment associated with these systems) regulatedby the legislative authority of a municipal corpora-tion or the governing board of a county or specialdistrict owning or operating a publicly owned treat-ment works or sewerage system as stated in division(A) of Section 6111.032 of the Revised Code.

9. Building sewer piping.

10. Portable electric generators and wiring supplyingcarnival and amusement park rides regulated by theOhio Department of Agriculture.

11. Structures directly related to the operation of a gen-erating plant or major utility facilities regulated bythe power siting board. As a condition of the powersiting board’s approval, the building departmentmay be requested to review and inspect these struc-tures for compliance with the rules of the board ofbuilding standards. However, the building depart-ment has no enforcement authority.

101.2.1 Appendices. The content of the appendices to theAdministrative Code is not adopted material but isapproved by the board of building standards (BBS) and pro-vided as a reference for code users.

101.3 Intent. The purpose of this code is to establish uniformminimum requirements for the erection, construction, repair,alteration, and maintenance of buildings, including construc-tion of industrialized units. Such requirements shall relate tothe conservation of energy, safety, and sanitation of buildingsfor their intended use and occupancy with consideration for thefollowing:

1. Performance. Establish such requirements, in terms ofperformance objectives for the use intended.

2. Extent of use. Permit to the fullest extent feasible, the useof materials and technical methods, devices, andimprovements which tend to reduce the cost of construc-tion without affecting minimum requirements for thehealth, safety, and security of the occupants of buildingswithout preferential treatment of types or classes ofmaterials or products or methods of construction.

3. Standardization. To encourage, so far as may be practi-cable, the standardization of construction practices,methods, equipment, material and techniques, includingmethods employed to produce industrialized units.

The rules of the board and proceedings shall be liberallyconstrued in order to promote its purpose. When the buildingofficial finds that the proposed design is a reasonable interpre-tation of the provisions of this code, it shall be approved. Mate-rials, equipment and devices approved by the building officialpursuant to section 114 shall be constructed and installed inaccordance with such approval.

101.4 Referenced codes. The other codes listed in sections101.4.1 to 101.4.7 and referenced elsewhere in this code shall

be considered part of the requirements of this code to the pre-scribed extent of each such reference.

101.4.1 Mechanical. Chapters 4101:2-1 to 4101:2-15 ofthe Administrative Code, designated as the “Ohio Mechani-cal Code,” shall apply to the installation, alterations,repairs, and replacement of mechanical systems, includingequipment, appliances, fixtures, fittings and/or appurte-nances, including ventilating, heating, cooling, air-condi-tioning and refrigeration systems, incinerators, and otherenergy- related systems.

101.4.2 Plumbing. Chapters 4101:3-1 to 4101:3-13 of theAdministrative Code, designated as the “Ohio PlumbingCode,” shall apply to the installation, alterations, repairsand replacement of plumbing systems, including equip-ment, appliances, fixtures, fittings and appurtenances, andwhere connected to a water or sewerage system and allaspects of a medical gas system.

101.4.3 Elevator. The provisions of the “Ohio ElevatorCode” (Chapters 4101:5-1 to 4101:5-3 of the Administra-tive Code) shall apply to the design, construction, repair,alteration and maintenance of elevators and other liftingdevices as listed and defined therein.

101.4.4 Fire prevention. The provisions of the “Ohio FireCode” (Chapters 1301:7-1 to 1301:7-7 of the Administra-tive Code) shall apply to the preventive measures which pro-vide for fire-safe conduct and operations in buildings andincludes the maintenance of fire-detection, fire alarm, andfire extinguishing equipment and systems, exit facilities,opening protectives, safety devices, good housekeepingpractices and fire drills.

101.4.5 Boiler. The provisions of the “Ohio Boiler andPressure Vessel Rules” (Chapters 4101:4-1 to 4101:4-10 ofthe Administrative Code) shall apply to the design, con-struction, repair, alteration and maintenance of boilers andunfired pressure vessels as listed and defined therein.

SECTION 102APPLICABILITY AND JURISDICTIONAL AUTHORITY102.1 General. Where, in any specific case, different sectionsof this code specify different materials, methods of constructionor other requirements, the most restrictive shall govern. Wherethere is a conflict between a general requirement and a specificrequirement, the specific requirement shall be applicable.

102.2 Other laws. The provisions of this code shall not bedeemed to nullify any provisions of state or federal law. Munic-ipal corporations may make further and additional regula-tions, not in conflict with Chapters 3781. and 3791. of theRevised Code or with the rules of the board of building stan-dards. However approval by the board of building standards ofany fixture, device, material, system, assembly or product of amanufacturing process, or method or manner of constructionor installation shall constitute approval for their use anywherein Ohio.

102.3 Other rules. As provided in division (B) of section3781.11 of the Revised Code, the rules of the board of buildingstandards shall supersede and govern any order, standard, or

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rule of the divisions of the fire marshal or industrial compli-ance in the department of commerce, and the department ofhealth and of counties and townships, in all cases where suchorders, standards or rules are in conflict with the rules of theboard of building standards, except that rules adopted andorders issued by the fire marshal pursuant to Chapter 3743. ofthe Revised Code prevail in the event of a conflict.

The rules of the board of building standards adopted pursu-ant to Section 3781.10 of the Revised Code shall govern anyrule or standard adopted by the board pursuant to Sections4104.02 and 4105.011 of the Revised Code.

102.4 Application of references. References to chapter or sec-tion numbers, or to provisions not specifically identified bynumber, shall be construed to refer to such chapter, section orprovision of this code.

102.5 Referenced codes and standards. When a reference ismade within the building, mechanical, or plumbing codes to afederal statutory provision, an industry consensus standard, orany other technical publication, the specific date and title of thepublication as well as the name and address of the promulgat-ing agency are listed in Chapter 35 of the building code, Chap-ter 15 of the mechanical code, or Chapter 13 of the plumbingcode.

The codes and standards referenced in the building, mechan-ical, and plumbing codes shall be considered part of therequirements of these codes as though the text were printed inthis code, to the prescribed extent of each such reference.Where differences occur between provisions of these codes andthe referenced standards, the provisions of these codes shallapply.

102.6 Partial invalidity. In the event any part or provision ofthis code is held to be illegal or void, this shall not have theeffect of making void or illegal any of the other parts or provi-sions thereof, and it shall be presumed that this code wouldhave been adopted without such illegal or invalid parts or pro-visions.

102.7 Existing structures. The provisions of Chapter 34 shallcontrol the alteration, repair, addition, maintenance, andchange of occupancy of any existing structure.

The occupancy of any structure currently existing on the dateof adoption of this code shall be permitted to continue withoutchange provided there are no orders of the building officialpending, no evidence of fraud, or no serious safety or sanita-tion hazard. When requested, such approvals shall be in theform of a “Certificate of Occupancy for an Existing Building”in accordance with Section 111.2.

Buildings constructed in accordance with plans which havebeen approved prior to the effective date of this code are exist-ing buildings.

102.8 Temporary structures. The building official is autho-rized to issue approvals for temporary structures. Such approv-als shall be in the form of a “Certificate of Occupancy for aTemporary Building” in accordance with Section 111.1.6. Thissection does not apply to time-limited occupancies in existingstructures. See Section 111.1.5 for time-limited occupancies.

102.8.1 Conformance. Temporary structures shall conformto the structural strength, fire safety, means of egress, acces-

sibility, light, ventilation and sanitary requirements of thiscode as necessary to ensure the public health, safety andgeneral welfare. Temporary tents and membrane structuresshall also comply with the applicable provisions in Section3102.

102.8.2 Termination of approval. The building official isauthorized to terminate approval for a temporary structureand to order the temporary structure to be discontinued ifconditions of the approval have been violated or the struc-ture or occupancy poses an immediate hazard to the publicor occupants of the structure.

102.9 Non-required work. Any component, building element,equipment, system or portion thereof not required by this codeshall be permitted to be installed as a partial or complete sys-tem provided that it is constructed or installed in accordancewith this code to the extent of the installation.

102.10 Work exempt from approval. Approval shall not berequired for the following:

Building:

1. One-story detached accessory structures used astool and storage sheds, playhouses and similar uses,provided the floor area does not exceed one hun-dred twenty square feet (11.15 m2) and playgroundstructures.

2. Fences not over six feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls which are not over four feet (1219mm) in height measured from the bottom of the foot-ing to the top of the wall, unless supporting a sur-charge or impounding Class I, II or III-A liquids.

5. Water tanks supported directly upon grade if thecapacity does not exceed five thousand gallons (18927 L) and the ratio of height to diameter or widthdoes not exceed two to one.

6. Sidewalks and driveways not more than thirtyinches (762 mm) above grade and not over anybasement or story below and which are not part ofan accessible route.

7. Finishes not regulated by this code, decorating, orother work defined as maintenance or minor repair.

8. Temporary motion picture, television and theaterstage sets and scenery.

9. Window awnings supported by an exterior wall ofGroup R-3.

10. Tents and membrane structures exempted in Section3102.1.1.

Electrical:

1. Minor repair work, including the replacement oflamps or the connection of approved portable elec-trical equipment to approved permanently installedreceptacles.

2. Electrical equipment used for radio and televisiontransmissions except equipment and wiring for

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power supply, and the installations of towers andantennas.

3. The installation of any temporary system requiredfor the testing or servicing of electrical equipmentor apparatus.

4. Electrical wiring, devices, appliances, apparatus orequipment operating at less than twenty-five voltsand not capable of supplying more than fifty watts ofenergy, unless specifically addressed in this code.

5. Process equipment and the associated wiring on theload side of the power disconnect to the equipment.

Gas:

1. Portable heating appliances;

2. Replacement of any part that does not alterapproval of equipment or make such equipmentunsafe.

3. Gas distribution piping owned and maintained bypublic or municipal utilities and located upstreamof the point of delivery.

Mechanical:

1. Portable heating appliances;

2. Portable ventilation equipment;

3. Portable cooling units;

4. Replacement of any part which does not alter itsapproval or make it unsafe;

5. Portable evaporative cooler;

6. Process equipment and the associated piping. Forcombination building services/process or powerpiping systems, the power or process piping locateddownstream of the control valve which separatesthe process from the building services piping isexempt from approval.

7. Heating and cooling distribution piping installedand maintained by public or municipal utilities.

Plumbing:

1. The repair of leaks in drains, water, soil, waste orvent pipe; provided, however, that if any concealedtrap, drain-pipe, water, soil, waste or vent pipebecomes defective and it becomes necessary toremove and replace the same with new material,such work shall be considered as new work and anapproval shall be obtained and inspection made asprovided in this code.

2. The clearance of stoppages or the repair of leaks inpipes, valves or fixtures, and the removal and rein-stallation of water closets, provided such repairs donot involve or require the replacement or rear-rangement of valves, pipes or fixtures.

3. Process equipment and the associated piping. Forcombination building services/process or powerpiping systems, the power or process piping locateddownstream of the control valve which separates

the process from the building services piping isexempt from approval.

102.10.1 Emergency repairs. Where equipment replace-ments and repairs must be performed in an emergency situ-ation, an application for approval shall be submitted withinthe next working business day to the building official.

102.10.2 Minor repairs. Minor repairs to structures may bemade without application or notice to the building official.Such repairs shall not include the cutting away of any wall,partition or portion thereof, the removal or cutting of anystructural beam or load bearing support, or the removal orchange of any required means of egress, or rearrangementof parts of a structure affecting the egress requirements; norshall ordinary repairs include addition to, alteration of,replacement or relocation of any standpipe, water supply,sewer, drainage, drain leader, gas, soil, waste, vent or simi-lar piping, electric wiring or mechanical or other workaffecting public health or general safety.

102.11 Building department jurisdictional limitations. Amunicipal, township, or county building department that hasbeen certified by the board of building standards, pursuant toSection 103.2, shall enforce provisions of the rules of the boardand of Chapters 3781. and 3791. of the Revised Code, relatingto construction, arrangement, and the erection of buildings orparts thereof as defined in the rules of the board in accordancewith the certification except as follows:

1. Fire. The state fire marshal or fire chief of municipalcorporations or townships, having fire departments,shall enforce all provisions of the rules of the boardrelating to fire prevention.

2. Health. The department of health, or the boards ofhealth of city or general health districts, the division ofindustrial compliance of the department of commerce, orthe departments of building inspection of municipal cor-porations, townships, or counties shall enforce such pro-visions relating to sanitary construction.

3. Sewerage and drainage system. In accordance with Sec-tion 3781.03 of the Revised Code, the department of thecity engineer, in cities having such departments, theboards of health of health districts, or the sewer pur-veyor, as appropriate, shall have complete supervisionand regulation of the entire sewerage and drainage sys-tem of the jurisdiction, including the building sewer andall laterals draining into the street sewers. Such depart-ment or agency shall have control and supervision of theinstallation and construction of all drains and sewersthat become a part of the sewerage system of the jurisdic-tion and shall issue all the necessary permits andlicenses for the construction and installation of all build-ing sewers and of all other lateral drains that empty intothe main sewers. Such department or agency shall keep apermanent record of the installation and location ofevery drain and sewerage system of the city.

4. Power generation. Structures directly related to theoperation of a generating plant or major utility facilitiesregulated by the power siting board. As a condition of thepower siting board’s approval, the building departmentmay be requested to review and inspect these structures

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for compliance with the rules of the board of buildingstandards. However, the building department has noenforcement authority.

5. State projects. Certification does not confer any juris-diction to certified building department to regulate theconstruction of buildings by the state of Ohio or on landowned by the state of Ohio. This includes, but is not lim-ited to, its agencies, authorities, boards, commissions,administrative departments, instrumentalities, commu-nity or technical college districts, but does not includeother political subdivisions. This paragraph shall not beconstrued to apply to local school district building pro-jects funded by the Ohio school facilities commission inaccordance with Chapter 3318. of the Revised Codewhere the local certified building department is autho-rized by the board to regulate construction of schoolfacilities.

Note: The lands owned by Miami University in the city ofOxford and Oxford township in Butler County and leased toprivate individuals or corporations under the land rent pro-visions of the Act of February 17, 1809, as set forth at 7 Ohiolaws 184, are subject to local certified building departmentjurisdiction and are exempt from these provisions.

SECTION 103CERTIFIED BUILDING DEPARTMENTS,PERSONNEL, AND APPEALS BOARDS

103.1 General. Before exercising authority in the enforcementof the rules of the Board and before accepting and approvingplans, municipal, township and county building departmentsand their required personnel shall be certified by the board ofbuilding standards as required in Section 3781.10 of theRevised Code. Before hearing and deciding adjudication hear-ings, local board of appeals shall be certified by the board ofbuilding standards as required in Section 3781.20 of theRevised Code.

Applications submitted to the board of building standardsfor certifications shall be made on prescribed forms accordingto the provisions of this section.

103.2 Building department certification. Municipalities,townships, and counties may seek certification by the board ofbuilding standards as described in division (E) of Section3781.10 of the Revised Code to exercise enforcement authority,to accept and approve construction documents, and to makeinspections.

103.2.1 Certification types. A political subdivision mayseek to enforce the rules of the board by requesting either acertification as a building department or a sub-buildingdepartment as required in Sections 103.2.1.1 or 103.2.1.2.References in this chapter to “department” or “buildingdepartment,” unless specified, shall mean “certified build-ing department” or “certified sub-building department.”

103.2.1.1 Certification as a building department.Municipalities, townships, and counties shall enforce therules of the board in conformity with the law and asdescribed in Sections 103.2.1.1.1 and 103.2.1.1.2.

103.2.1.1.1 Municipalities. Municipalities, in sub-mitting the application described in section 103.2.3,must specify whether the department is to be certifiedto enforce the rules of the board for plumbing and willemploy a certified plumbing inspector as required insection 103.3. If a department is not to be certified forplumbing, the enforcement shall be done by the localboard of health or the division of industrial compli-ance plumbing section in the department of com-merce.

Municipalities, in submitting the applicationdescribed in Section 103.2.3, must also specifywhether the department is to be certified to enforcemedical gas piping system provisions and will employa certified medical gas piping inspector as required inSection 103.3. If the department is not to be certifiedto enforce medical gas piping system provisions, thenthe enforcement shall be done by the local board ofhealth or the division of industrial compliance in thedepartment of commerce.

Municipalities may, at any time, make applicationto the board of building standards to be approved tohave the building department certification modifiedto include or exclude these plumbing and medical gaspiping system enforcement duties.

103.2.1.1.2 Counties and townships. Counties andtownships, in submitting the application described inSection 103.2.3 for certification of a building depart-ment, are not certified to enforce plumbing provisionsor employ plumbing inspectors required in section103.3. As permitted in Section 3703.01 of the RevisedCode, county building departments may enforceplumbing provisions if the county board of health hasentered into an agreement with the board of countycommissioners to provide plumbing code enforce-ment and employs a plumbing inspector certified asrequired in division (D) of Section 3703.01 of theRevised Code. The county shall specify on its applica-tion whether the county department will enforce therules of the board for plumbing and will employ aproperly certified plumbing inspector. If, after certifi-cation, a county building department assumes plumb-ing code enforcement as required in Section 3703.01of the Revised Code, it shall notify the board.

Counties and townships, in submitting the applica-tion described in Section 103.2.3, must also specifywhether the jurisdiction desires the department to becertified to enforce medical gas piping system provi-sions and will employ a certified medical gas pipinginspector as required in section 103.3. If the county ortownship chooses not have its department certified toenforce medical gas piping system provisions, thenthe enforcement shall be done by the local board ofhealth or the division of industrial compliance in thedepartment of commerce.

Counties and townships may, at any time, makeapplication to the board of building standards to beapproved to have the building department certifica-

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tion modified to include or exclude medical gas pip-ing system enforcement duties.

103.2.1.2 Certification as a sub-building department.Municipalities, townships, and counties may be certifiedby the board of building standards to enforce the rules ofthe board as a sub-building department in conformitywith the law and as described in Sections 103.2.1.2.1 and103.2.1.2.2. A sub-building department has enforcementexercised on their behalf by another certified politicalsubdivision that will perform all enforcement, reporting,and administrative duties.

103.2.1.2.1 Municipalities. Municipalities, in sub-mitting the application described in Section 103.2.3,must specify whether the department is to be certifiedas a sub-building department and shall indicatewhich certified building department of another politi-cal subdivision will enforce the rules of the board inthe municipality. The application must also specifyhow the public in a municipality with a buildingdepartment certified sub-building department will beprovided information on how construction documentswill be accepted, reviewed, and approved, and howinspections will be requested and made.

Municipalities may, at any time, make applicationto the board of building standards to be approved tohave the building department certification modifiedto change its certification from a sub-building depart-ment to a certified building department, or vice versa,in accordance with Section 103.2.1. When a depart-ment makes application to the board of building stan-dards to be approved to have the building departmentcertification modified, in accordance with Section103.2.1, it shall also provide a transition plan identi-fying all outstanding projects that have received acertificate of plans approval but have yet to be issueda certificate of occupancy. The transition plan shallindicate how and by whom code enforcement dutiesfor those projects will be continued and completed.

103.2.1.2.2 Counties and townships. Counties andtownships, in submitting the application described inSection 103.2.3, must specify whether the departmentis to be certified as a sub-building department andshall indicate which certified building department ofanother political subdivision will enforce the rules ofthe board in the county or township. The county ortownship must also specify how the public in thecounty or township with a building department certi-fied as a sub-building department will be providedinformation on how construction documents will beaccepted and approved, and how inspections will berequested and made.

Counties and townships may, at any time, makeapplication to the board of building standards to beapproved to have the building department certifica-tion modified to change its certification from asub-building department and to a certified buildingdepartment, or vice versa, in accordance with Section103.2.1. When a department makes application to the

board of building standards to be approved to havethe building department certification modified, inaccordance with Section 103.2.1, it shall also providea transition plan identifying all outstanding projectsthat have received a certificate of plans approval buthave yet to be issued a certificate of occupancy. Thetransition plan shall indicate how and by whom codeenforcement duties for those projects will be contin-ued and completed.

103.2.2 Building department certification requirements.To qualify for certification, a municipal, township, orcounty shall comply with the following:

1. Conformity with law. The department shall submit anapplication and shall have been created in conformitywith the law, shall have adopted ordinances or reso-lutions, and shall have entered into any agreementsor contracts necessary to comply with the rules of theboard and Section 103.2.3;

2. Required personnel. A certified building departmentor sub-building department shall have the followingpersonnel qualified to execute the duties required forthe exercise of enforcement authority, the review andapproval of construction documents, and the perfor-mance of inspections under the rules of the board. Allpersonnel of municipal, township, or county buildingdepartments, and persons and employees of persons,firms, or corporations whose responsibilities includethe exercise of enforcement authority shall be certi-fied by the board of building standards pursuant toSection 103.3 prior to performing such duties:

2.1. Building official. The building departmentshall have in its employ or under contract oneperson appointed by the municipality, town-ship, or county certified as a building official.

2.2. Masters plans examiner. The building de-partment shall have in its employ or undercontract at least one person holding a certifi-cation as the master plans examiner.

2.3. Building inspector. The building departmentshall have in its employ or under contract atleast one person holding a certification as abuilding inspector.

2.4. Plumbing inspector. If the department is cer-tified to enforce plumbing provisions, then thebuilding department shall have in its employor under contract at least one person holdinga certification as a plumbing inspector.

2.5. Electrical safety inspector. The building de-partment shall have in its employ or undercontract at least one person holding an elec-trical safety inspector certification.

2.6. Backup personnel. The department shallhave in its employ or under contract, alternatepersonnel meeting the requirements of thisrule, to serve in the event of a conflict of inter-est or the unavailability of the building offi-cial, plans examiner or inspectors.

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2.7. Replacement personnel. When required per-sonnel leave the employ of the department,permanent replacement personnel shall bedesignated in accordance with the rules of theBoard within one hundred twenty days.

3. Elective personnel. The department may elect to havethe following personnel certified by the board ofbuilding standards pursuant to Section 103.3 prior toperforming such duties:

3.1. Mechanical inspector. The department mayalso have in its employ or under contract per-sons holding a mechanical inspector certifi-cation.

3.2. Fire protection inspector. The departmentmay also have in its employ or under contractpersons holding a fire protection inspectorcertification.

3.3. Medical gas piping inspector. The depart-ment may have in its employ or under contractpersons holding a medical gas piping inspec-tor certification.

3.4. Electrical plans examiner. The departmentmay have in its employ or under contract per-sons holding an electrical plans examinercertification.

3.5. Plumbing plans examiner. The departmentmay have in its employ or under contract per-sons holding a plumbing plans examiner cer-tification.

4. Contract employees. A municipal corporation, town-ship, or county may contract with a certified buildingdepartment, health district, or with persons, firms, orcorporations under contract to furnish services, andmeeting the requirements of this rule, to exerciseenforcement authority, administer these rules,approve plans and specifications and performinspections on behalf of such municipal corporation,township, or county, providing such authority is exer-cised pursuant to such contract and upon applicationto and approval by the board of building standards;

5. Building department office. The certified buildingdepartment shall have an office conveniently locatedwithin the area it serves. The office shall be open andstaffed to serve the public need and office hours shallbe conspicuously posted. If the department contractsfor its enforcement services, or is certified as asub-building department, information shall be pro-vided to the public explaining how building depart-ment services shall be provided;

6. Availability of inspectors. The building departmentshall be staffed so that all inspectors are available forrequested inspections as required in section 108.1;and

7. Building department certification, to be posted. Thecertificate issued by the board of building standardsto a municipal, township, or county building depart-

ment shall be posted in a conspicuous place within thejurisdiction.

103.2.3 Building department certification application.Application for certification of a municipal, township, orcounty building department shall be made on a form pre-scribed by the board of building standards and shall setforth:

1. Copy of the law creating such a department.

2. Copy of a resolution requesting certification of thebuilding department to enforce the rules of theboard.

3. The proposed budget for the operation of suchdepartment.

4. A chart showing the organization of the buildingdepartment within the governmental body.

5. Data reflecting the population and the size of thearea to be served.

6. The number of and board certifications held by staffto be employed by the building department.

7. The names, addresses, and board certifications ofpersons, firms or corporations contracting to fur-nish work or services when such persons, firms, orcorporations are under contract to furnish architec-tural, engineering, or inspection services to themunicipal corporation, township, or county, andsuch authority is exercised pursuant to such con-tract.

8. The names of other municipal corporations, town-ships, counties, or health districts contracting tofurnish work or services when such other municipalcorporation, township, county, or health district isunder contract to furnish architectural or engineer-ing services to the municipal corporation, township,or county, and such authority is exercised pursuantto such contract and when officers or employees ofany other municipal corporation, township, county,or health district under contract to furnish inspec-tion services to the municipal corporation, town-ship, or county, when such authority is exercisedpursuant to such contract.

9. A copy of the ordinance or resolution authorizing abuilding department to enter into a contract withother municipalities, townships, counties, healthdistricts, persons, firms or corporations to do theirplan approval and inspections.

10. A copy of the contract between the building depart-ment and other municipalities, townships, counties,health districts, persons, firms, or corporations todo their plan approval or inspections.

11. The department within the municipality, township,or county which will be responsible for plumbinginspection, if not within the building department.

12. The applicant may attach any other charts, maps,statistical data or other information which it deter-

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mines may be beneficial to the board in consideringthe applications for certification.

13. The board may allow amendments to applicationsprior to formal action. Requests for amendments toapplications shall be made in writing and conformto all the other provisions of this rule.

14. A procedure for plan approval and for performinginspections, a copy of the plan review application,and a copy of the department’s approval stamp.

15. The original and six copies of the documents, papersand charts required in paragraphs one to sixteen ofthis rule shall be filed with the board at least twoweeks prior to a certification hearing. Copies maybe reproduced; however, all such copies must beclear and legible.

16. Signature of an authorized representative of theboard of township trustees in townships, the boardof county commissioners in counties, or the appro-priate officials in municipalities.

Certification process. The board shall hold a hearing totake action on the application. The applicant may be presentat the hearing to respond to any questions from the boardand all interested persons appearing at such hearing may begiven an opportunity to comment.

103.2.4 Building department certification, certificationhearing. Upon receipt of an application, the board of build-ing standard’s certification committee shall review theapplication and make a recommendation to the board ofbuilding standards. The committee may ask for additionalinformation to be submitted by the applicant prior to mak-ing a recommendation to the board. If the committeerequests additional information from the applicant, failureto submit the requested information within ninety days fromthe date of the request may be cause for disapproval of theapplication by the board. After receiving a recommendationfrom the committee, a certification hearing on the applica-tion shall be conducted by the board of building standards.An authorized representative of the municipality, township,or county seeking certification present at the certificationhearing may give testimony or respond to any questionsfrom the board. The board shall give all interested personsappearing at such certification hearing an opportunity to beheard and explain their positions. All persons desiring to beheard at the certification hearing shall first be duly sworn oraffirmed and a record of the proceeding shall be made by theboard.

103.2.4.1 Building department certification, approvalor denial. Following the certification hearing, the boardshall act on the application for certification.

Approval by the board of building standards of anapplication for certification shall set forth the groupclassifications and subject matters for which the munici-pal, township, or county building department under con-sideration is to be certified. After such approval, theappropriate official in municipalities, the board of town-ship trustees in townships, or the board of county com-missioners in counties requesting certification, shall be

furnished a certificate of approval which shall state theconditions and limitations, if any, under which it hasbeen issued.

If the application is denied in whole or in part by theboard of building standards, the appropriate official inmunicipalities, the board of township trustees in town-ships, or the board of county commissioners in countiesrequesting certification shall be notified in writing ofsuch denial and the reason therefore and to their rights ofappeal pursuant to Sections 3781.10, 3781.101, andChapter 119. of the Revised Code.

103.2.5 Building department certification, board to main-tain list. The board of building standards shall maintain acurrent list of all certified nonresidential and residentialbuilding departments, their contact information and, ifapplicable, their contractual relationships with other per-sons, departments, firms, or corporations that enforce therules of the board on behalf of the certified building depart-ment.

The list of certified building departments shall be madeavailable upon request and shall be posted on the board’sweb site at http://www.com.ohio.gov/dico/BBS.aspx.

103.2.6 Building department certification, reports, andassessment. Certified building departments shall submit thefollowing reports and information to the board of buildingstandards:

1. Within ninety calendar days after the end of each cal-endar year, a yearly operational report for the previ-ous year;

2. Within thirty calendar days after such personnel havebeen appointed, written notification of changes inpersonnel of the building department who enforce therules of the board;

3. Replies to any special requests or queries made by theboard of building standards within thirty calendardays of receipt;

4. Within thirty calendar days after the department cre-ates or changes a contractual relationship withanother department or firm, copies of revised con-tracts or agreements.

103.2.6.1 Board assessment. Each political subdivisionthat prescribes fees pursuant to division (E) of Section3781.102 of the Revised Code shall also collect on behalfof the board of building standards an assessment equalto three per cent of those fees imposed for approvals, theacceptance and approval of plans and specifications,and for performing inspections.

103.2.6.1.1 Assessment report. The building officialshall report on the prescribed form and remit monthlyby check, the amount of the assessments collected onbehalf of the board not later than sixty days followingthe end of each month in which the assessments arecollected. In the case of building departments undercontract to exercise enforcement authority pursuantto Section 103.2.1.2, the building official shall reportand remit to the Board for all certified sub-building

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departments. The check shall be made payable to the“Treasurer, State of Ohio.”

103.2.7 Building department certification, revocation orsuspension. Upon petition to the board of building stan-dards by any person affected by the exercise of the authoritygranted under such certification, or by the board on its ownmotion, in accordance with division (E) of Section 3781.10of the Revised Code, a department certification may berevoked or suspended with respect to any and all of thegroup classifications for which it is certified.

103.2.7.1 Building department certification, hearingsand appeals. Hearings shall be held by the board ofbuilding standards and appeals shall be permitted onany proceedings for certification as provided in Section119.07 of the Revised Code and in Sections 103.2.7.1.1,103.3.10.2, and 103.4.4.2.

103.2.7.1.1 Complaint process. Upon receipt of awritten complaint against a certified building depart-ment that is substantiated by demonstrable evidenceor upon the board’s own motion:

1. The board shall decide whether the informationsubmitted warrants causing a formal investiga-tion to be initiated or sending a Notice of PublicHearing as outlined in item 4 below;

2. If a formal investigation is warranted, the certi-fied jurisdiction shall be notified that an inves-tigation has been initiated by the board;

3. Upon completion of the investigation, findingsshall be reported to the board.

4. The board may dismiss the complaint, table thematter for future action, or initiate action tosuspend or revoke the certification. If the boardissues an order to suspend or revoke the certifi-cation it shall:

4.1. Notify the certified jurisdiction of thecharges by certified mail, return receiptrequested. The certified jurisdictionshall be informed that a hearing, ifdesired, must be requested within thirtydays from the date of the mailing torequest a hearing before the board. Theorder shall inform the certified jurisdic-tion that it may be represented by counselat the hearing. Failure by the certifiedjurisdiction to request a hearing withinthirty days from the date of the mailing ofthe notification may cause the board,after a hearing, to uphold the orderrevoking or suspending certification;

4.2. Schedule a hearing to be held seven to fif-teen days after receipt of the request,unless another date is mutually agreedupon by both parties. The board may con-tinue or postpone the hearing upon appli-cation by the party or upon its ownmotion;

4.3. The board may appoint a hearing offi-cer to conduct a hearing.

4.4. A hearing will be conducted duringwhich parties and witnesses can beexamined and offer testimony, in a man-ner that prevents unnecessary delay,and that ensures the development of aclear and adequate record.

4.4.1. The hearing shall be conductedpursuant to the provisions ofSections 3781.10, 3781.101,and 119.09 of the Revised Code;

4.5. If a hearing officer has been appointed,then within thirty days after the hear-ing, the hearing officer shall submit awritten report of the findings of fact andrecommendations to the board for itsconsideration.

5. Following the hearing, the board may dismissthe complaint or, when substantiated by the evi-dence, revoke or suspend the certification. Whenan order is upheld to revoke or suspend the cer-tification, the party affected shall be sent a certi-fied copy of the board’s action and informed bycertified mail, return receipt requested, that thejurisdiction may appeal the order within fifteendays to the court of common pleas in Franklincounty pursuant to Sections 3781.10, 3781.101,and 119.12 of the Revised Code.

103.2.7.2 Revocation or suspension. In the event of sus-pension or revocation of a building department certifica-tion, the jurisdiction shall, within fifteen days of beingnotified of such suspension or revocation, surrender to thesecretary of the board of building standards the certificatepreviously issued under Section 103.2.4. The department,upon suspension or revocation, shall no longer hold out tothe public that it is authorized to issue certificates of planapproval for the construction, repair, alteration of build-ings or classes of buildings specified in Section 3781.06 ofthe Revised Code or for performing inspections for whichit has been suspended or certification revoked.

103.2.7.2.1 Outstanding plans review, approvals,inspections, or orders. In the event of the suspensionor revocation of a building department certification,the enforcement duties shall be transferred to the divi-sion of industrial compliance or to the certified build-ing department as approved by the board.

103.3 Building department personnel certification. Thedepartment shall have personnel qualified to execute the dutiesrequired to enforce the rules of the Board.

103.3.1 Non-residential building department personnelcertification classifications. The certifications issued bythe Board of Building Standards are as follows:

1. Building official.

2. Master plans examiner.

2.1. Master plans examiner trainee.

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2.2. Electrical plans examiner.

2.3. Plumbing plans examiner.

3. Building inspector.

3.1. Building inspector trainee.

4. Fire protection inspector.

5. Mechanical inspector.

5.1. Mechanical inspector trainee.

6. Electrical safety inspector.

6.1. Electrical safety inspector trainee.

7. Non-residential industrialized unit inspector.

8. Plumbing inspector.

8.1. Plumbing inspector trainee.

9. Medical gas piping inspector.

103.3.2 Multiple personnel certifications held. A personmay hold more than one certification.

103.3.3 Conflict of interest. No certified employee or per-son who contracts for services within the jurisdictional areaof a department shall perform services for the departmentwhich would require that person or employee to exerciseauthority or make an evaluation of any work furnished byhim or by a private contractor that employs him on afull-time, part-time, or incidental basis. Further, suchemployee or person shall not engage in conduct that is pro-hibited or considered a conflict of interest pursuant toChapter 102. of the Revised Code.

103.3.4 Seals. No holder of a certification issued by theboard of building standards is authorized to secure a seal inany form or of any type for use in the performance of any oftheir duties.

103.3.5 Experience requirements of the applicant.

1. Only experience directly related to buildings or struc-tures within the scope of groups regulated by the“OBC” shall be acceptable for any certification.

2. In addition to the experience described in item 1above, enforcement, inspection, or plans examinationexperience performed in compliance with any of thefollowing shall also be acceptable for certification:

2.1. Prior to 1984, for a building department cer-tified by the board of building standards to ex-ercise enforcement authority for buildings orstructures within the scope of groups regu-lated by the rules of the board; or

2.2. For an agency or jurisdiction outside the stateof Ohio enforcing a model building code of anational model code organization or a codeadopted for non-residential buildings orstructures within the scope of groups regu-lated by the rules of the board; or

2.3. An employee of a certified non-residentialbuilding department who is a holder of aboard certification other than that for whichapplication is being made. Certified non-resi-

dential building department employees whoare applicants for plumbing inspector certifi-cation and do not comply with Section103.3.5.4 shall enter the plumbing inspectortrainee program; or

2.4. Certification by the department of Commerce,division of industrial compliance, as a plumb-ing inspector when application is made forboard certification as a plumbing inspector;or

2.5. In evaluating experience of an applicant, theboard of building standards shall not creditexperience gained while acting in violation ofrules adopted by the board to establish equiv-alent experience, and it shall not credit expe-rience gained through the installation of floorand wall coverings, the installation of roofingmaterials or roofing systems, the finishing ofconcrete, or any other construction activitythat does not provide required knowledge.The board of building standards may creditexperience which provides knowledge of dif-ferent construction methods, processes, ortypes as it determines applicable.

3. For a building, mechanical, or plumbing inspectorapplicant, one year of the required experience may beobtained through education credit pursuant to Sec-tion 103.3.12.6.

103.3.5.1 Building official. An applicant for a buildingofficial certification shall meet one of the followingrequirements:

1. At least five years experience in non-residentialbuilding design and construction for buildings orstructures within the scope of groups regulated bythe rules of the board or experience as specified inSection 103.3.5(2) and an Ohio registration as anarchitect or professional engineer; or

2. At least ten years experience as a constructioncontractor or superintendent of building construc-tion for buildings or structures dealing with allphases and trades of construction including theresponsibility for obtaining approvals and inspec-tions within the scope of groups regulated by therules of the board or experience as specified inSection 103.3.5(2).

103.3.5.2 Master plans examiner. An applicant for amaster plans examiner certification shall meet one of thefollowing requirements:

1. At least five years experience in building designand construction for buildings or structures withinthe scope of groups regulated by the rules of theboard or experience in plan review, as specified inSection 103.3.5(2), and an Ohio registration as anarchitect or professional engineer; or

2. Successful completion of a trainee program pursu-ant to Section 103.3.12.

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103.3.5.3 Electrical plans examiner. An applicant for anelectrical plans examiner certification shall meet the fol-lowing requirement:

1. At least five years experience as a full-time electri-cal safety inspector in a certified building depart-ment.

103.3.5.4 Plumbing plans examiner. An applicant for aplumbing plans examiner certification shall meet one ofthe following requirements:

1. At least five years experience as a full-time plumb-ing inspector in a certified building department; or

2. At least five years experience as a plumbinginspector, certified pursuant to Chapter 3783. ofthe Revised Code, employed full-time by either theOhio department of commerce, division of indus-trial compliance, or by a county board of health.

103.3.5.5 Building inspector. An applicant for a build-ing inspector certification shall meet one of the followingrequirements:

1. At least three years experience as a constructioncontractor or supervisor for non-residential build-ings or structures within the scope of groups regu-lated by the rules of the board; or

2. At least three years experience as a skilled trades-man for work subject to inspection under a modelbuilding code of a national model code organiza-tion or a code adopted for non-residential build-ings or structures within the scope of groupsregulated by the rules of the board, or experienceas specified in Section 103.3.5(2); or equivalentexperience that provided knowledge as deter-mined by the board of building standards. Theexperience must provide knowledge of differentconstruction methods, processes and types; or

3. Successful completion of a trainee program pursu-ant to Section 103.3.12.

103.3.5.6 Fire protection inspector. An applicant for fireprotection inspector certification shall meet one of thefollowing requirements:

1. At least three years experience in the installationof fire protection systems (automatic sprinkler sys-tems, alternative automatic fire-extinguishing sys-tems, standpipe systems, fire alarm and detectionsystems and fire pump systems) subject to inspec-tion under a model building code of a nationalmodel code organization or a code adopted fornon-residential buildings or structures within thescope of groups regulated by the rules of theboard; or

2. At least three years experience as specified in Sec-tion 103.3.5(2) or as a certified fire safety inspec-tor (a maximum of two years experience as acertified automatic sprinkler system designer maybe substituted for two of the three years of inspec-tion experience).

103.3.5.7 Mechanical inspector. An applicant for amechanical inspector certification shall meet one of thefollowing requirements:

1. At least three years as a skilled hvac system andassociated refrigeration, fuel gas, and heatingpiping tradesman for work subject to inspectionunder a model building code of a national modelcode organization or a code adopted for non-resi-dential buildings or structures within the scope ofgroups regulated by the rules of the board or expe-rience as specified in Section 103.3.5(2); or

2. Successful completion of a trainee program pursu-ant to Section 103.3.12.

103.3.5.8 Plumbing inspector. An applicant for aplumbing inspector certification shall meet one of thefollowing requirements:

1. At least seven years experience in the installationof plumbing, subject to inspection under either amodel building code of a national model codeorganization or a code adopted for non-residen-tial buildings or structures and within the scope ofgroups regulated by the rules of the board or expe-rience as specified in Section 103.3.5(2); or

2. A degree in engineering or architecture and threeyears experience in plumbing system design; or

3. Successful completion of a trainee program pursu-ant to Section 103.3.12.

103.3.5.9 Electrical safety inspector. An applicant foran electrical safety inspector “(ESI)” certification shallmeet one of the following requirements:

1. Journeyman electrician or equivalent for fouryears, two years as an electrician foreman, andtwo years experience as a building department“ESI” trainee;

2. Journeyman electrician or equivalent for fouryears and three years experience as a buildingdepartment “ESI” trainee;

3. Four years experience as a building department“ESI” trainee;

4. Journeyman electrician or equivalent for sixyears; or

5. An electrical engineer registered in the state ofOhio.

103.3.5.10 Non-residential industrialized unit inspec-tor. An applicant for a non-residential industrialized unitinspector certification shall meet one of the followingrequirements:

1. At least three years experience as a constructioncontractor or supervisor for non-residential build-ings or structures within the scope of groups regu-lated by the rules of the board, or

2. At least three years experience as a skilled trades-man for work subject to inspection under a modelbuilding code of a national model code organiza-tion or a code adopted for non-residential build-

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ings or structures within the scope of groupsregulated by the rules of the board, or experienceas specified in Section 103.3.5(2); or equivalentexperience that provided knowledge as deter-mined by the board of building standards. Theexperience must provide knowledge of differentconstruction methods, processed and types; or

3. At least three years experience as a skilled trades-man for work subject to inspection under a resi-dential dwelling code, three years experience asspecified in Section 103.3.5(2); or equivalentexperience that provided knowledge as deter-mined by the board of building standards. Theexperience must provide knowledge of differentconstruction methods, processes and types.

103.3.5.11 Medical gas piping inspector. An applicantfor a medical gas piping inspector certification shallprovide evidence verifying that the applicant has beencertified by an “American Society of Sanitary Engineer-ing (ASSE)” recognized third party certifier in accor-dance with “ASSE” standard 6020.

103.3.6 Certification, “Ohio Building Code Academy,”and examination requirements. To qualify for full certifica-tion, applicants meeting the appropriate experiencerequirements of Section 103.3.5 or of rule 4101:2-93-06 ofthe Administrative Code shall:

1. Be granted an interim certification which shall expiretwo-years from the date of approval if the applicantfails to complete the requirements for certificationoutlined below. During the two-year interim certifi-cation period, the certification holder may performenforcement duties appropriate to the interim certifi-cation received.

2. Complete the “Ohio Building Code Academy”requirements during the two-year interim certifica-tion granted by the board. If, during the evaluationphase of the “Ohio Building Code Academy,” it isdetermined that the applicant must complete addi-tional coursework, the additional coursework mustbe completed during the two-year interim certifica-tion period.

2.1. If the additional coursework is not completedduring the two-year interim certification pe-riod and the applicant presents evidence ofcomplying with the examination requirementsof Section 103.3.6(2), the board may grant aone-time, one-year extension to allow com-pletion of the additional coursework.

2.2. If the applicant has completed the “OhioBuilding Code Academy” requirements andthe interim certification has expired prior tocompleting all of the examination require-ments, the board may consider certification ofthe individual if the applicant presents evi-dence of completing the outstanding exami-nation(s) required in Section 103.3.6(3)within the following year.

2.3. If the additional coursework is not completedduring the two-year interim certification pe-riod and the applicant does not presents evi-dence of complying with the examinationrequirements of Section 103.3.6(2 3), the in-terim certification shall expire. Upon expira-tion, the individual may enter the traineeprogram as required in section 103.3.12 butmay not reapply for certification for one yearafter the interim certification has expired.

2.4. The board may grant a one-time, limited ex-tension of the interim certification periodupon submission of a request indicating thereason for the request and an explanation ofwhy the requirements have not been metwithin the two-year interim certification pe-riod.

Exceptions: Those individuals certified as medi-cal gas piping inspectors pursuant to Section103.3.5.11 or individuals certified as plumbinginspectors pursuant to Chapter 3783 of theRevised Code with five years experience asfull-time employees of the division of industrialcompliance in the Ohio department of commerceor of county boards of health.

3. Furnish the board approved certification or evidenceof passing board approved examinations for theappropriate certification category issued by anational model code organization or a testing agencyor entity recognized by the board.

3.1. Examinations required for certification maybe completed before, during, or after applica-tion is made for certification by the board.

103.3.7 Personnel certification application, filing andprocessing. Applications for certification shall be sent tothe office of the board at least two weeks prior to a certifica-tion hearing. The application shall expire if not approvedwithin one year of receipt by the board. Applications for cer-tification as an electrical safety inspector shall be submittedat least two weeks prior to a meeting of the electrical safetyadvisory committee.

Each applicant shall also submit, with the application,evidence sufficient to show the board that the applicant isqualified. Such evidence may include proof of the statementsmade in the application, documentary evidence, affidavits,transcripts, diplomas, published data, photographs, or legi-ble reproductions of the same, or any other documentation.

103.3.7.1 Certification process. Upon receipt of a com-pleted application, the board of building standard’s cer-tification committee shall review the application andmake a recommendation to the board of building stan-dards. Upon receipt of a completed application for cer-tification as an electrical safety inspector, the electricalsafety advisory committee shall review the applicationand make a recommendation to the board of buildingstandards.

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The committees may ask for additional information tobe submitted by the applicant prior to making a recom-mendation to the board. If a committee requests addi-tional information from the applicant, failure to submitthe requested information within ninety days from thedate of the request may be cause for disapproval of theapplication by the board. After receiving a recommenda-tion from a committee, the board shall hold a certifica-tion hearing to take action on the application. Theapplicant may be present at the certification hearing torespond to any questions from the board and all inter-ested persons appearing at such certification hearingmay be given an opportunity to comment.

103.3.7.1.1 Certification, approval or denial. Fol-lowing the certification hearing, the board mayapprove, table pending further review and/or receiptof additional documentation, deny the application forcertification, or take such other action as the boarddeems appropriate. If the board requests additionalinformation, failure to submit the requested informa-tion within ninety days from the date of the requestshall be cause for disapproval of the application bythe board.

If the application is denied, in whole or in part, bythe board of building standards, the applicant shall benotified in writing of such denial, the reason for thedenial, and their rights of appeal pursuant to Sections3781.10, 3781.101, and Chapter 119 of the RevisedCode.

103.3.7.1.2 Records. The board shall retain, as a partof applications which have been approved, any or alldocuments submitted or electronic versions of suchdocuments, which shall be properly marked for iden-tification and ownership.

103.3.7.1.3 Board action. All applications shall beconsidered individually by the board and the actiontaken shall be recorded in the minutes, noted on theapplication form, and the applicant notified asrequired.

103.3.8 Issuance of certificate and renewal. An appropri-ate certificate shall be issued to the applicant upon meetingof the qualification requirements of Section 103.3, and pay-ment of an initial fee of thirty dollars. The certificate shallstate the certification classification being approved, expira-tion date, and limitations, if any, under which it has beenissued.

The same fee shall apply to applicants granted interimapproval and the term of the certification, if subsequentlyissued, shall begin on the date of interim approval.

103.3.8.1 Renewal. The certificate holder shall renew atthree-year intervals.

103.3.8.2 Applications for renewal. Applications forrenewal of a certification shall be submitted to the boardof building standards at least thirty days prior to theexpiration date. In addition to a completed applicationform prescribed by the board, applicants for renewal ofcertification shall submit a certification renewal fee of

thirty dollars and evidence of having attendedboard-sponsored required continuing education coursesor their board-approved equivalents and, other thanMedical Gas Piping Inspectors, successfully completedthirty hours of approved educational courses prior to theexpiration of the current certification.

Applications for renewal of Medical Gas PipingInspector certifications shall include evidence verifyingthat the applicant’s certification by an “ASSE” recog-nized third party certifier, in accordance with “ASSE”standard 6020, has been renewed.

103.3.8.3 Failure to renew. Any individual whose certifi-cation has expired through failure to renew may obtain arenewal within one year from the date of its expirationprovided the holder has met all requirements forrenewal, including payment of the renewal fee. All appli-cations for renewal of expired certifications shall be pro-cessed as renewals during the one year period followingexpiration. All applications for renewal of expired certif-ication submitted more than one year following the expi-ration shall be processed as a new application. Inaddition, if a holder of an expired certification that sub-mits an application for renewal more than one year fol-lowing the expiration shall also be required to satisfy thecontinuing education requirements prior torecertification. The holder of a certification that hasexpired shall not perform any duties for which a certifi-cation is required.

103.3.9 Continuing education. Holders of board certifica-tions shall attend board sponsored continuing educationcourses and, other than medical gas piping inspectors whomaintain their certification in accordance with ASSE stan-dard 6020, complete at least thirty hours of board approvedcontinuing education in their respective classification priorto the expiration date of the certification.

1. Applications for continuing education courseapproval shall:

1.1. Be on forms prescribed by the board;

1.2. Clearly indicated the actual contact coursehours requested;

1.3. List the code content that will be covered;

1.4. Include a time schedule indicating how thetime is allocated to cover the subject matter;

1.5. Include a biography or resume for each in-structor;

1.6. Include copies of workbooks, handouts, andelectronic presentation to be used; and,

1.7. Be submitted at least seven (7) days prior tothe meeting of the Board’s Education Com-mittee or the Electrical Safety Inspectors Ad-visory Committee for continuing educationcourses for Electrical Safety Inspectors. (Ameeting schedule is available on the Board ofBuilding Standards’ web page)

2. Application review. Upon receipt of a completeapplication for course approval the board of building

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standards education committee shall review theapplication and make a recommendation to theboard. Following receipt of the committee’s recom-mendation, the board may approve, table pendingfurther review and/or receipt of additional documen-tation, deny the application for course approval, ortake such other action as the board deems appropri-ate.

3. Course credit. Board-approved courses shall estab-lish hour equivalencies for continuing educationcredit for each of the classifications requested.Course credit shall only be given for training in therespective classification. Courses approved for morethan one certification classification may be applied toeach certification for which training is required. Nocredit shall be approved for duplicate courses withinthe same certification period. Instructors of boardapproved courses may apply course hours taughttoward their own board certification continuing edu-cation requirements except for duplicate courseswithin the same certification period.

4. Failure to complete. Failure to complete the numberof hours required shall result in forfeiture of the cer-tification. It shall be the responsibility of the certifi-cate holder to furnish the board with proof ofcompletion of all board approved courses for whichcredit is sought.

103.3.9.1 Approved courses. The following are requiredfor all approved continuing education courses:

1. Date(s), time(s), and location(s) the course will betaught shall be provided to the board prior to thecourse presentation;

2. If course content is modified, the course must beresubmitted for course approval;

3. When promoting an approved course, instructorshall make full and accurate disclosure regardingcourse title, course approval number, number ofcontact hours, certifications for which approvalhas been given, and all fees to be charged;

4. Course sponsors shall provide participants with acertificate of completion containing the name ofthe participant, title of approved course, BBSapproval number, date and location of session,number of contact hours awarded, certificationtypes for which course is approved, and signatureof authorized sponsor or instructor;

5. The sponsors of an approved continuing educationcourse shall provide the board with a legible copyof a list of participants who completed the courseincluding: course name, date, and location of thesession;

6. Participants must attend the complete course(s) aspresented by the instructor to receive the contacthours approved by the board. No partial creditshall be given to any participant failing to com-plete the entire course as approved. The sponsor

shall verify the participant’s attendance and com-pletion of the course; and,

7. The board does not provide retroactive approvalfor continuing education courses presented priorto submission of an application for approval.

103.3.10 Personnel certification, revocation or suspen-sion. In accordance with division (E) of section 3781.10 ofthe Revised Code, a personnel certification may be revokedor suspended on written complaint to the board of buildingstandards by any person affected by the exercise of theauthority granted under such certification, or by the boardon its own motion.

103.3.10.1 Revocation or suspension. The board uponits own motion or upon written complaint of any personaffected by the enforcement of the board’s rules, theapproval of plans and specifications, or the making ofinspections shall investigate the actions of the holder of acertificate if there is an allegation implying one or moreof the following:

1. The practice of fraud or deceit in obtaining thecertificate;

2. A felony or crime involving moral turpitude;

3. Gross negligence, incompetence, misconduct inperformance of duties, or engaging in conduct thatis considered a conflict of interest;

4. Failure to complete the continuing educationrequirements prior to expiration date of the certifi-cate;

5. Violation of the duties described in section 104.

103.3.10.2 Complaint process. Upon receipt of a writtencomplaint against a holder of a board certification that issubstantiated by demonstrable evidence or upon theboard’s own motion:

1. The board shall decide whether the informationsubmitted warrants causing an investigation to beinitiated or sending a Notice of Opportunity forHearing as outlined in item 4 below;

2. If a formal investigation is warranted, the subjectof the investigation shall be notified that an inves-tigation has been initiated by the board;

3. Upon completion of the investigation, findingsshall be reported to the board.

4. The board may dismiss the complaint, table thematter for future action, or initiate action to sus-pend or revoke the certification. If the board issuesan order to suspend or revoke the certification itshall:

4.1. Notify the certificate holder of the chargesby certified mail, return receipt requested.The certificate holder shall be informedthat a hearing, if desired, must berequested within thirty days from the dateof the mailing to request a hearing beforethe board. The order shall inform the cer-tificate holder that counsel may represent

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the certificate holder at the hearing. Fail-ure by the certification holder to request ahearing within thirty days from the date ofthe mailing of the notification may causethe board, after a hearing, to uphold anorder revoking or suspending certifica-tion;

4.2. Schedule a hearing to be held seven to fif-teen days after receipt of the request,unless another date is mutually agreedupon by both parties. The board may con-tinue or postpone the hearing upon appli-cation by the party or upon its own motion;

4.3. The board may appoint a hearing officer toconduct a hearing.

4.4. A hearing will be conducted during whichparties and witnesses can be examined andoffer testimony, in a manner that preventsunnecessary delay, and that ensures thedevelopment of a clear and adequaterecord.

4.4.1. The hearing shall be conductedpursuant to the provisions ofSections 3781.10, 3781.101,and 119.09 of the Revised Code;

4.5. If a hearing officer has been appointed,then within thirty days after the hearing,the hearing officer shall submit a writtenreport of the findings of fact and recom-mendations to the board for its consider-ation.

5. Following the hearing, the board may dismiss thecomplaint or, when substantiated by the evidence,revoke or suspend the certification. When an orderis upheld to revoke or suspend the certification, theparty affected shall be sent a certified copy of theboard’s action and informed by certified mail,return receipt requested, that the certificationholder may appeal the order within fifteen days tothe court of common pleas in Franklin county pur-suant to Sections 3781.10, 3781.101, and 119.12of the Revised Code.

103.3.10.3 Revocation or suspension. In the event ofsuspension or revocation of a certification, the individ-ual shall no longer hold out to the public or any jurisdic-tion that the individual is certified to exerciseenforcement authority or holds the board certificationwhich has been suspended or certification revoked.

103.3.11 Elective temporary suspension. Certificationsmay be placed in elective temporary suspension upon writ-ten request to and approval by the board. Except for emer-gency circumstances, requests shall be in writing at leastsixty days prior to the certification expiration date and sup-ported by satisfactory evidence that the holder is withdraw-ing from active employment for which the certification isrequired.

103.3.11.1 Restoring certification. Certificationsplaced in elective temporary suspension for a period oftime not to exceed one three-year term following theexpiration date may be restored to active status by theboard upon written request. The request shall be sup-ported by satisfactory evidence that the holder has com-pleted thirty hours of continuing education for thatcertification and any board-sponsored mandatory train-ing required, or their board-approved equivalents, dur-ing the time the certification was in suspension prior tothe date of reinstatement. Payment of the thirty-dollarrenewal fee shall accompany the request.

103.3.11.2 Failure to restore certification. Certifica-tions placed in elective temporary suspension for aperiod of time exceeding one three-year term followingthe original certification expiration date may be restoredto active status by the board upon written request sup-ported by evidence of passing of the appropriate exami-nations prescribed by the board, completion of the“Ohio Building Code Academy,” and payment of thethirty-dollar renewal fee.

103.3.12 Trainee program requirements. Individuals seek-ing certification as a trainee shall meet the requirements ofthis section.

103.3.12.1 Trainee applicants. Trainees shall meet thefollowing requirements:

1. A trainee applicant shall be a full-time employee ofa political subdivision.

2. A trainee applicant shall be under the direct super-vision of a trainee supervisor.

3. A master plan examiner trainee applicant shallalso be a graduate of an “naab," “eac-abet,” orsimilarly accredited architecture or engineeringuniversity program.

4. A building inspector or mechanical inspectortrainee applicant shall also have at least one yearexperience as a skilled tradesman for work subjectto inspection under either a model building code ofa national model code organization or a codeadopted for buildings or structures and within thescope of groups regulated by the rules of the boardor shall submit evidence of eligibility for educationcredit pursuant to Section 103.3.12.6.

5. A plumbing inspector trainee applicant shall haveat least three years experience in the installation ofplumbing subject to inspection under either amodel building code of a national model codeorganization or a code adopted for buildings orstructures and within the scope of groups regu-lated by the rules of the board, or comply with theprovisions of Section 103.3.5(2). Applicants maysubmit evidence of eligibility for education creditpursuant to Section 103.3.12.6.

6. An electrical safety inspector trainee shall havetwo years experience in the installation of electri-cal systems subject to inspection under either amodel building code of a national model code

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organization or a code adopted for buildings orstructures and within the scope of groups regu-lated by the rules of the board or shall submit evi-dence of eligibility for education credit pursuant toSection 103.3.12.6.

103.3.12.2 Trainee supervisors. A trainee supervisorshall:

1. Be a full-time employee of the same political sub-division as the trainee and shall be available to thetrainee during normal working hours;

2. Currently possess the certification for which thetrainee is being trained;

3. Be responsible for no more than two trainees atone time and shall immediately notify the board ofthe trainee(s) under supervision;

4. Notify the board of any change in supervisor ortrainee status within thirty days;

5. Supervise, check, and sign the trainee’s inspec-tions and reports or a plans examiner trainee’splans examinations; and

6. Provide to the board a report documenting at leasttwenty-five inspections or plans examinationsmade yearly by the trainee under the direct super-vision of the trainee supervisor, with an evaluationof the trainee at the end of the first six months of theprogram, at the end of one year, and annuallyafterward. Additionally, the trainee supervisor ofa trainee engaged in making electrical inspectionsshall supervise and check the trainee’s work andbe responsible for and sign off on all of thetrainee’s inspections, reports, and interpretations.

103.3.12.3 Trainee sponsor requirements. The traineesponsor (county, township, or municipal corporation)shall:

1. Direct the building official to certify to the boardthat the trainee is a full-time employee of thecounty, township, or municipal corporation and isunder the direct supervision of an individual pos-sessing the certification for which the trainee isbeing trained; and

2. Provide the trainee with a copy of the current rulesof the board.

103.3.12.4 Trainee certification. The board shall issue atrainee certification to each applicant who has met thequalification requirements. The certification shall expirefour years from the date of applicant approval by theboard. After a minimum of two years and upon satisfac-tory completion of the trainee program pursuant to Sec-tion 103.3.12.5, the trainee may apply for certification inthe respective classification. The trainee certification isnot renewable and upon expiration the individual maynot reapply as a new trainee for a period of one year.

103.3.12.5 Trainee course and work requirements. Abuilding, mechanical, or plumbing inspector traineeshall attend and successfully complete two hundredhours of approved courses. During the first year thetrainee shall complete at least one hundred hours ofcourse work, including completion of the “Ohio Build-ing Code Academy” requirements in Section 103.3.6,and complete the second one hundred hours prior tocompletion of the trainee program. The trainee shall per-form at least twenty-five inspections annually while inthe trainee program under the direct supervision of thetrainee supervisor. The trainee shall also complete theappropriate examination requirements in Section103.3.6(2) prior to the completion of the trainee pro-gram.

An electrical safety inspector trainee shall attend andsuccessfully complete two approved thirty-hour coursesand related tests covering the fundamentals of electricityand the “National Electrical Code.” During the firstyear, the trainee shall attend one of the two courses andpass the related test. The second course and test shall besuccessfully completed prior to the examination for acertification.

A master plans examiner trainee shall perform at leasttwenty-five plans examinations yearly under the directsupervision of the trainee supervisor, complete at leastten hours of approved continuing building code educa-tion courses yearly, and become registered in Ohio as anarchitect or professional engineer prior to the comple-tion of the trainee program. The trainee shall also com-plete the appropriate examination requirements inSection 103.8 prior to the completion of the trainee pro-gram.

103.3.12.6 Education credit. An applicant for a build-ing, mechanical, plumbing inspector, or trainee certifi-cation may obtain credit for one year of the requiredexperience through education, if one of the following ismet:

1. The applicant shall document nine hundred ormore contact hours of training in an Ohio depart-ment of education approved vocational educationprogram at the high school or adult level; or

2. The applicant shall document the completion of abaccalaureate degree or an associate degree pro-gram in building design or construction.

An applicant for electrical safety inspector traineemay obtain credit for one year of the required experiencethrough approved vocational training in the fundamen-tals of electricity.

103.3.12.6.1 Documentation. Supporting documen-tation may include a certificate of completion, acareer passport, a transcript, a college degree ordiploma granted by an accredited or state-sponsoredinstitution.

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103.3.12.6.2 Educational programs. Educationcredit shall not be prorated or combined for partial orfull credit and shall be awarded only upon successfulcompletion of a specific educational program. Mis-cellaneous course work or isolated classes shall notbe considered.

Vocational instructional programs that are accept-able for credit include:

1. Air conditioning, heating, and ventilation.

2. Carpentry.

3. Electricity.

4. Masonry.

5. Plumbing and pipefitting.

6. Fire fighting.

103.3.12.6.3 Other programs. The successful com-pletion of other specific vocational instructional pro-grams of a minimum of nine hundred contact hoursmay be considered by the board if the training isdirectly related to the design and construction ofbuildings or structures within the scope of groups reg-ulated by the rules of the board.

103.3.12.6.4 Associate degrees. Technical educationinstructional programs offering associate degreesinclude:

1. Architectural/construction technology.

2. Heating and air conditioning technology.

3. Fire science technology.

4. The successful completion of other specifictechnical education instructional programsoffering degrees may be considered by theboard if the training is directly related to thedesign and construction of buildings or struc-tures within the scope of groups regulated bythe rules of the board.

103.4 Local boards of appeals certification. Before hearingand deciding the adjudication hearings referred to in Section109 within the jurisdiction of and arising from orders of thelocal building official in the enforcement of Chapters 3781. and3791. of the Revised Code and rules adopted thereunder, theboard shall certify the local board of appeals.

The list of certified local boards of building appeals shall bemade available upon request and shall be posted on theboard’s web site at http://www.com.ohio.gov/dico/BBS.aspx.

103.4.1 Application for certification, local board of build-ing appeals. Certification, direct or by contractual agree-ment, shall be upon application to and on a form prescribedby the board of building standards. Upon receipt of anapplication, the board of building standard’s certificationcommittee shall review the application and make a recom-mendation to the board of building standards. The commit-tee may ask for additional information to be submitted bythe applicant prior to making a recommendation to theboard. If the committee requests additional informationfrom the applicant, failure to submit the requested informa-

tion within ninety days from the date of the request may because for disapproval of the application by the board. Afterreceiving a recommendation from the committee, a certifi-cation hearing on the application shall be conducted by theboard of building standards. An authorized representativeof the municipality or county seeking certification may berequired to attend to give testimony to respond to any ques-tions from the board. The board shall give all interested per-sons appearing at such certification hearing an opportunityto be heard. All persons desiring to be heard at the certifica-tion hearing shall first be duly sworn or affirmed and arecord of the proceeding shall be made by the board.

The application shall be submitted, at least two weeksprior to a certification hearing, as an original and six copieswith the following information:

1. A copy of the charter provision, ordinance or resolu-tion establishing the local board of building appealsand providing for the appointments in accordancewith Section 103.4.3;

Note: Certified building departments applying forcontractual agreement with a certified board ofanother political subdivision shall submit a copyof the ordinance or resolution from each partyauthorizing the contract along with a copy of thecontract.

2. The name and resume of each member, including thedate of appointment, term of office, professional qual-ifications and experience necessary for membership.

103.4.2 Local board of building appeals certification, pub-lic hearing. Upon receipt of a complete application, a pub-lic hearing on the application shall be conducted by theboard of building standards. An authorized representativeof the municipality, township, or county seeking certifica-tion may be present at the public hearing to give testimonyor respond to any questions from the board. The board shallgive all interested persons appearing at such public hearingan opportunity to be heard and explain their positions. Allpersons desiring to be heard at the public hearing shall firstbe duly sworn or affirmed and a record of the proceedingshall be made by the board.

103.4.2.1 Local board of building appeals certification,approval or denial. If the application is denied in wholeor in part by the board of building standards, the appro-priate official in municipalities, board of township trust-ees in townships, or the board of county commissionersin counties requesting certification shall be notified inwriting of such denial and the reason therefore and totheir rights of appeal pursuant to Sections 3781.10,3781.101, and Chapter 119. of the Revised Code. Theboard of building standards upon review of the applica-tion shall certify a local board of building appeals if:

1. The applicant political subdivision has a buildingdepartment certified pursuant to division (E) ofsection 3781.10 of the Revised Code and that cer-tification is not by contract with another politicalsubdivision;

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2. The board is established pursuant to municipalcharter, ordinance or resolution; and

3. The board membership meets the requirements ofSection 103.4.3.

The board of building standards upon review of theapplication shall certify a local board of buildingappeals per contact with another certified board if:

1. Both political subdivisions have authorized thecontractual arrangement by ordinance or resolu-tion and the contract properly executed reflectsthat arrangement; and

2. The political subdivision applying for the contracthas a building department certified pursuant toSection 3781.10 of the Revised Code.

Exception: Building departments certified by con-tract with the county building department in accor-dance with Section 3781.10 of the Revised Code shallhave the same board of appeals as that county.

103.4.3 Composition and terms, local boards of buildingappeals. The certified municipal and county boards ofbuilding appeals shall consist of five members who arequalified as follows:

1. One attorney, admitted to the Ohio bar;

2. One architect, registered in Ohio;

3. One structural engineer, registered in Ohio;

4. One mechanical engineer, registered in Ohio;

Note: each of these four members shall have rec-ognized ability, broad training and experience inproblems and practice incidental to the construc-tion and equipment of buildings and structures.

5. One member representing organized labor, knowl-edgeable in the construction and equipment of build-ings and structures.

Exception: Municipal boards may have more than fivemembers and need not have an attorney member if themunicipal charter so provided prior to October 13, 1983.

103.4.3.1 Appointment. Members shall be appointed forfive year terms except that original appointments shallbe for terms of one, two, three, four and five years.

103.4.3.2 Term. A member shall hold office from date ofappointment until the end of the appointed term; how-ever, the member shall continue in office following theterm expiration date until a successor takes office or untilsixty days have elapsed, whichever occurs first.

103.4.3.3 Vacancies. Any member appointed to fill avacancy occurring before the expiration of a term shallhold office for the remainder of that term.

103.4.3.4 Reporting. Vacancies and new appointmentsshall be reported to the board of building standardswithin thirty days. Notification of new appointmentsshall include resumes, date of appointment, term ofoffice, qualifications and experience necessary for mem-bership. An annual report shall be submitted to the board

of building standards to provide the information requiredon the form provided by the board of building standards.

103.4.4 Local board of building appeals certification,revocation. In accordance with division (E) of Section3781.20 of the Revised Code, a certification may be revokedon written complaint to the board of building standards byany person affected by the exercise of the authority grantedunder such certification, or by the board on its own motion.

103.4.4.1 Revocation. The board of building standardson its own motion or on written complaint of any personaffected by the local board of building appeals shallcause to be conducted such investigation to determinewhether there is an allegation implying one or more ofthe following:

1. The presence of fraud;

2. Failure to adhere to applicable procedures setforth in Chapters 119. and 3781. of the RevisedCode or rules made thereunder;

3. Failure to render decisions within thirty days ofthe hearing;

4. Granting of variances to provisions of rules of theboard not adopted pursuant to Chapters 3781. and3791. of the Revised Code but mandated by otherchapters of the Revised Code;

5. Failure to notify organizations representing peo-ple with disabilities pursuant to Section 3781.19 ofthe Revised Code;

6. Failure to permit an appeal for a de novo hearingbefore the state board of appeals or a direct appealto the court of common pleas pursuant to section3781.19 of the Revised Code.

103.4.4.2 Complaint process. When a complaint againsta local board of building appeals has been received bythe board, investigated, and found justified:

1. The board shall decide whether the informationsubmitted warrants causing an investigation to beinitiated or sending a Notice of Opportunity forHearing as outlined in item 4 below;

2. If a formal investigation is warranted, the subjectof the investigation shall be notified that an inves-tigation has been initiated by the board;

3. Upon completion of the investigation, findingsshall be reported to the board.

4. The board may dismiss the complaint, table thematter for future action, or initiate action to revokethe certification. If the board issues an order torevoke the certification it shall:

4.1. Notify the jurisdiction of the charges bycertified mail, return receipt requested.The jurisdiction shall be informed that ahearing, if desired, must be requestedwithin thirty days from the date of the mail-ing to request a hearing before the board.The order shall inform the jurisdiction thatcounsel may represent the certificate

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holder at the hearing. Failure by the juris-diction to request a hearing within thirtydays from the date of the mailing of thenotification may cause the board, after ahearing, to uphold an order revoking cer-tification;

4.2. Schedule a hearing to be held seven to fif-teen days after receipt of the request,unless another date is mutually agreedupon by both parties. The board may con-tinue or postpone the hearing upon appli-cation by the party or upon its own motion;

4.3. The board may appoint a hearing officer toconduct a hearing.

4.4 A hearing will be conducted during whichparties and witnesses can be examined andoffer testimony, in a manner that preventsunnecessary delay, and that ensures thedevelopment of a clear and adequaterecord.

4.4.1. The hearing shall be conductedpursuant to the provisions ofSections 3781.10, 3781.101,and 119.09 of the Revised Code;

4.5. If a hearing officer has been appointed,then within thirty days after the hearing,the hearing officer shall submit a writtenreport of the findings of fact and recom-mendations to the board for its consider-ation.

5. Following the hearing, the board may dismiss thecomplaint or, when substantiated by the evidence,revoke the certification. When an order is upheldto revoke the certification, the jurisdiction affectedshall be sent a certified copy of the board’s actionand informed by certified mail, return receiptrequested, that the jurisdiction may appeal theorder within fifteen days to the court of commonpleas in Franklin county pursuant to Sections3781.10, 3781.101, and 119.12 of the RevisedCode.

103.4.4.3 Revocation. In the event of the revocation of acertification, the jurisdiction shall no longer hold out tothe public or any jurisdiction that the jurisdiction is cer-tified to hear and decide the adjudication hearingsreferred to in Section 110 within the jurisdiction or holdsthe board certification which has been revoked.

SECTION 104DUTIES AND RESPONSIBILITIES

104.1 General. Personnel of building departments and localboards of appeals that have been certified by the board ofbuilding standards, pursuant to Section 103, shall be responsi-ble for performing the duties described in this section.

104.2 Building department personnel duties and responsibil-ities. Municipal, township, or county building departments

certified by the board shall have personnel qualified to performthe enforcement duties and responsibilities described in thissection.

104.2.1 Building official. The building official is responsi-ble for the enforcement of the rules of the board and ofChapters 3781. and 3791. of the Revised Code relating tothe construction, arrangement, and the erection of buildingsor parts thereof. All building officials shall conduct them-selves in a professional, courteous, impartial, responsive,and cooperative manner. Building officials shall be respon-sible to assure that a system is in place to track and audit allprojects, to assure that all building department personnelperform their duties in accordance with this section, and forthe overall administration of a building department as fol-lows:

104.2.1.1 Applications and plan approvals. The build-ing official shall receive applications, require or causethe submitted construction documents to be examined,ascertain by such examinations whether the constructionindicated and described is in accordance with therequirements of this code, and shall issue plan approvalsfor the construction, erection, alteration, demolition,and moving of buildings and structures.

104.2.1.1.1 Plan examination by the building offi-cial. When the building department does not have inits full-time employ a certified master plans examiner,the certified building official shall examine construc-tion documents to determine compliance with therules of the board if the registered design professionalelects to submit construction documents that containa written certification by the registered design profes-sional indicating conformance with the requirementsof the rules of the board and Chapters 3781. and3791. of the Revised Code.

104.2.1.2 Orders. The building official shall issue allorders in accordance with section 109 to ensure compli-ance with this code.

104.2.1.3 Inspections. If the plans for the erection, con-struction, repair, alteration, relocating, or equipment ofa building are subject to inspection by the building offi-cial, under section 108, the building official shall causeto be made such inspections, investigations, and determi-nations as are necessary to determine whether or not thework which has been performed and the installationswhich have been made are in conformity with theapproved construction documents.

Exception: Special inspections required under Sec-tion 1704.

104.2.1.4 Department records. The building officialshall keep official records of applications received, cer-tificates of plan approval issued, notices and ordersissued, certificates of occupancy, and other such recordsrequired by the rules of the board of building standards.Such information shall be retained in the official perma-nent record for each project. One set of approved con-struction documents shall be retained by the buildingofficial for a period of not less than one hundred eighty

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days from date of completion of the permitted work, or asrequired by document retention regulations.

104.2.1.5 Department reports. The building officialshall be responsible for the submission of reports andany requested special information to the board of build-ing standards as required in Section 103.2.6. Failure tosubmit these reports in a timely manner as required byrule or by special request or inquiry of the board of build-ing standards may be grounds for board action asdescribed in Section 103.3.10.

104.2.2 Plans examiners. A plans examiner is responsiblefor the examination of construction documents in accor-dance with Section 107, within the limits of their certifica-tion, to determine compliance with the rules of the board.All plan examiners shall effectively communicate the resultsof their plan review as designated by the building official. Aplans examiner shall conduct themselves in a professional,courteous, impartial, responsive, and cooperative manner.

104.2.2.1 Master plans examiner. A master plans exam-iner is responsible for the examination of all types of con-struction documents to determine compliance with therules of the board, except when the building officialexamines the construction documents pursuant to Sec-tion 104.2.1.1.1.

104.2.2.1.1 Master plans examiner trainee. A masterplans examiner trainee is responsible for the exami-nation of all types of construction documents to deter-mine compliance with the rules of the board under thedirect supervision of an individual holding a masterplans examiner certification.

104.2.2.1.2 Electrical plans examiner. An electricalplans examiner is responsible for the examination ofconstruction documents related to electrical systemsto determine compliance with the rules of the board.

If the department does not have in its employ orunder contract persons holding the electrical plansexaminer certification, then the examination of theconstruction documents for compliance with the elec-trical provisions of the code shall be done by the mas-ter plans examiner.

104.2.2.1.3 Plumbing plans examiner. A plumbingplans examiner is responsible for the examination ofconstruction documents related to plumbing systemsto determine compliance with the rules of the board.

If the department does not have in its employ orunder contract persons holding the plumbing plansexaminer certification, then the examination of theconstruction documents for compliance with theplumbing provisions of the code shall be done by themaster plans examiner.

104.2.3 Inspectors. An inspector is responsible for per-forming inspections and determining that work, for whichthey are certified to make inspections, is performed in com-pliance with the approved construction documents. Allinspectors shall inspect the work to the extent of theapproval given when construction documents wereapproved by the building official and for which the inspec-

tion was requested. All inspectors shall effectively commu-nicate the results of their inspections as required by section108, and shall conduct themselves in a professional, courte-ous, impartial, responsive, and cooperative manner.

104.2.3.1 Building inspector. A building inspector isresponsible to determine compliance with the approvedconstruction documents in accordance with section 108.

A building inspector trainee is designated to deter-mine compliance with approved construction docu-ments, in accordance with section 108, under the directsupervision of an individual holding a building inspectorcertification.

104.2.3.2 Plumbing inspector. A plumbing inspector isresponsible to determine plumbing system compliancewith approved construction documents in accordancewith Section 108.

A plumbing inspector trainee is designated to deter-mine plumbing system compliance with approved con-struction documents, in accordance with section 108,under the direct supervision of an individual holding aplumbing inspector certification.

104.2.3.3 Electrical safety inspector. An electricalsafety inspector is responsible to determine electricalsystems compliance with approved construction docu-ments in accordance with Section 108.

An electrical safety inspector trainee is designated todetermine electrical systems compliance with approvedconstruction documents, in accordance with section 108,under the direct supervision of an individual holding anelectrical safety inspector certification.

104.2.3.4 Elective inspectors. Building departmentsmay elect to employ inspectors designated as responsiblefor determining that work, for which they are certified, tomake inspections is performed in compliance withapproved construction documents.

104.2.3.4.1 Mechanical inspector. A mechanicalinspector is responsible to determine compliance withthe approved construction documents for heating,ventilating and air conditioning (HVAC) systems, andthe associated refrigeration, fuel gas, and heatingpiping systems in accordance with section 108.

If the department does not have in its employ orunder contract persons holding the mechanicalinspector certification, then the enforcement of themechanical provisions shall be done by the buildinginspector;

A mechanical inspector trainee is designated todetermine compliance with the approved construc-tion documents for heating, ventilating and air condi-tioning (HVAC) systems, and the associatedrefrigeration, fuel gas, and heating piping systems, inaccordance with Section 108, under the direct super-vision of an individual holding a mechanical inspec-tor certification.

104.2.3.4.2 Fire protection inspector. A fire protec-tion inspector is responsible to determine compliance

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with approved construction documents for fire protec-tion systems (automatic sprinkler systems, alternativeautomatic fire-extinguishing systems, standpipe sys-tems, fire alarm and detection systems, and firepumps) in accordance with Section 108.

If the department does not have in its employ orunder contract persons holding the fire protectioninspector certification, then the enforcement of thefire protection provisions shall be done by the build-ing inspector.

104.2.3.4.3 Medical gas piping inspector. A medicalgas piping inspector is responsible to determine com-pliance with approved construction documents fornon-flammable medical gas, medical oxygen, andmedical vacuum systems in accordance with Section108.

If the department does not have in its employ orunder contract persons holding a medical gas pipinginspector certification, then all enforcement of medi-cal gas piping systems shall be deferred to either ofthe following: the local health district when that dis-trict requests to enforce those piping systems and thedistrict has employed or hired under contract a per-son holding the medical gas piping inspector certifi-cation; or the superintendent of the division ofindustrial compliance in the department of com-merce.

104.2.4 Liability. Liability of certified building departmentpersonnel for any tortious act will be determined by Ohiocourts to the applicable provisions of Chapter 2744. of theRevised Code.

104.3 Certified boards of building appeals duties and respon-sibilities. Before performing its duties, a jurisdiction wishing toestablish a local board of building appeals shall receive certifi-cation by the board of building standards as required in Section103.14.

104.3.1 Powers, local boards of building appeals. Certifiedmunicipal and county boards of building appeals shall hearand decide the adjudication hearings referred to in section109.1 within the jurisdiction of and arising from orders ofthe local building official in the enforcement of Chapters3781. and 3791. of the Revised Code and rules adoptedthereunder. The orders may be reversed or modified by theboard if it finds:

1. The order contrary to such laws or rules;

2. The order contrary to a fair interpretation or applica-tion thereof; or

3. That a variance from the provisions of such laws orrules, in a specific case, will not be contrary to thepublic interest where literal enforcement of such pro-visions will result in unnecessary hardship.

104.3.2 State board of building appeals. The Ohio board ofbuilding appeals shall conduct the adjudication hearings inpolitical subdivisions without certified boards or withoutcontracts with certified boards.

104.3.3 Materials. A certified board of building appealsmay not prohibit the use of materials or assemblages autho-rized for statewide use by the board of building standardspursuant to Section 3781.12 of the Revised Code.

SECTION 105APPROVALS

105.1 Approvals required. Any owner or authorized agent whointends to construct, enlarge, alter, repair, move, or change theoccupancy of a building or structure, or portion thereof, or toerect, install, enlarge, alter, repair, remove, convert or replaceany electrical, gas, mechanical, plumbing system, other build-ing service equipment, or piping system the installation ofwhich is regulated by this code, or to cause any such work to bedone, shall first make application to the building official andobtain the required approval.

105.1.1 Nonconformance approval. When constructiondocuments are submitted which do not conform with therequirements of the rules of the board, such documents maybe approved by the building official provided such noncon-formance is not considered to result in a serious hazard andthe owner or owner’s representative subsequently submitsrevised construction documents showing evidence of com-pliance with the applicable provisions of the rules of theboard. In the event such construction documents are notreceived within thirty days, the building official shall issuean adjudication order revoking the plan approval.

105.1.2 Conditional approval. When construction docu-ments are submitted which cannot be approved under theother provisions of this rule, the building official, may at therequest of the owner or owner’s representative, issue a con-ditional plan approval when an objection to any portion ofthe construction documents results from conflicting inter-pretations of the code, or compliance requires only minormodifications to the building design or construction. Noconditional approval shall be issued where the objection isto the application of specific technical requirements of thecode or correction of the objection would cause extensivechanges in the building design or construction. A condi-tional approval is a conditional license to proceed with con-struction or materials up to the point where construction ormaterials objected to by the agency are to be incorporatedinto the building. The conditions objected to shall be in writ-ing from the building official which shall be an adjudicationorder denying the issuance of a license and may beappealed in accordance with Section 3781.19 of the RevisedCode. In the absence of fraud or a serious safety or sanita-tion hazard, all items previously examined shall be conclu-sively presumed to comply with Chapters 3781. and 3791. ofthe Revised Code and the rules of the board. Reexaminationof the construction documents shall be limited to those itemsin the adjudication order. A conditional plan approval is nota phased plan approval.

105.1.3 Previous approvals. This code shall not requirechanges in the construction documents, construction ordesignated occupancy of a structure for which a lawfulapproval has previously been issued or otherwise lawfullyauthorized, and the construction of which has been pursued

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in good faith within one year of the approval of constructiondocuments. One extension shall be granted for an addi-tional year if requested by the owner at least ten days inadvance of the expiration of the approval and upon paymentof any fee not to exceed one hundred dollars. If, after thestart of construction, work is delayed or suspended for morethan six months, the approval is invalid. Two extensionsshall be granted for six months if requested by the owner atleast ten days in advance of the expiration of the approvaland upon payment of any fee for each extension not toexceed one hundred dollars.

105.1.4 Phased approval. The building official shall issuean approval for the construction of foundations or any otherpart of a building, structure, or building service equipmentbefore the construction documents for the whole building,structure or building service equipment have been submit-ted, provided that adequate information and detailed state-ments have been filed complying with applicablerequirements of this code. The holder of such approval forthe foundation or other parts of a building or structure shallproceed at the holder’s own risk with the building operationand without assurance that an approval for the entire struc-ture will be granted. Such approvals shall be issued for vari-ous stages in the sequence of construction provided that allinformation and data required by the code for that portionof the building or structure has been submitted. The holderof a phased plan approval may proceed only to the point forwhich approval has been given.

105.1.5 Annual approval. In lieu of an individual approvalfor each alteration to an existing electrical, gas, mechani-cal, plumbing, or piping installation, the building officialmay issue an annual approval upon application to any per-son, firm or corporation regularly employing individualsholding the related board certification in the building,structure or on the premises owned or operated by the appli-cant for the approval.

105.1.5.1 Annual approval records. The person towhom an annual approval is issued shall keep a detailedrecord of alterations made under such annual approval.The building official shall have access to such records atall times or such records shall be filed with the buildingofficial as designated. These records shall include theapplicable construction documents in accordance withSection 106.1.

105.2 Validity of approval. The construction, erection, andalteration of a building, and any addition thereto, and theequipment and maintenance thereof, shall conform to requiredplans which have been approved by the building official, exceptfor minor deviations which do not involve a violation of therules of the board. In the absence of fraud or a serious safety orsanitation hazard, any structure built in accordance withapproved plans shall be conclusively presumed to comply withChapters 3781. and 3791. of the Revised Code and the rules ofthe board.

Exception: Industrialized units shall be constructed to con-form to the plans approved by the board.

105.3 Expiration. The approval of plans or drawings and spec-ifications or data in accordance with this rule is invalid if con-

struction, erection, alteration, or other work upon the buildinghas not commenced within twelve months of the approval of theplans or drawings and specifications.

One extension shall be granted for an additionaltwelve-month period if requested by the owner at least ten daysin advance of the expiration of the approval and upon paymentof a fee not to exceed one hundred dollars.

105.4 Extension. If in the course of construction, work isdelayed or suspended for more than six months, the approval ofplans or drawings and specifications or data is invalid. Twoextensions shall be granted for six months each if requested bythe owner at least ten days in advance of the expiration of theapproval and upon payment of a fee for each extension of notmore than one hundred dollars.

105.5 Certificate of plan approval. After plans have beenapproved in accordance with Section 107, the building officialshall furnish the owner/applicant a certificate of planapproval.

105.5.1 Content. The form of the certificate shall be as pre-scribed by the building official and shall show the serialnumber of the certificate, the address at which the buildingor equipment under consideration is or is to be located, thename and address of the owner, the signature of the buildingofficial who issued the certificate, and such other informa-tion as is necessary to facilitate and ensure the properenforcement of the rules of the board.

105.5.2 Duplicate issued upon request. Upon applicationby the owner, the building official shall issue a duplicatecertificate of plan approval to replace a lost or destroyedoriginal.

SECTION 106CONSTRUCTION DOCUMENTS

106.1 Submittal documents. Construction documents, state-ment of special inspections required and other data shall besubmitted in two or more sets with each application for anapproval. Before beginning the construction of any building forwhich construction documents are required under Section 105,the owner or the owner’s representative shall submit construc-tion documents to the building official for approval. When con-struction documents have been found to be in compliance withthe rules of the board of building standards in accordance withSection 107 by a certified building department, that determina-tion of compliance shall be deemed sufficient to obtainapproval for construction pursuant to Section 105.2 and thebuilding official shall issue the certificate of plan approval.Construction documents for the installation of industrializedunits shall be submitted to the building official for approval inaccordance with the provisions of Section 106.1.2(2).

Exception: No construction documents need be filed withthe division of industrial compliance for site installation ofindustrialized units used exclusively as one-, two-, orthree-family dwellings.

106.1.1 Information on construction documents. Con-struction documents shall be dimensioned and drawn uponsuitable material. Electronic media documents are permit-

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ted to be submitted when approved by the building official.Construction documents shall be coordinated and of suffi-cient clarity to indicate the location, nature and extent of thework proposed and show in detail that it will conform to theprovisions of this code. Construction documents, adequatefor the scope of the project, shall include information neces-sary to determine compliance with the building, mechani-cal, plumbing, fire, electrical, energy, and fuel gas codessuch as:

1. Index. An index of drawings located on the firstsheet which shall also include all occupancy classi-fication(s), type(s) of construction, the area in grosssquare feet for each level, the maximum designoccupant load, the structural design loads, and theseismic design category and site class;

2. Site plan. A site plan showing a north orientationarrow, the size and location of new construction andall existing structures on the site, all property andinterior lot line locations with setback and side yarddimensions and distances from buildings to lot lines,the locations of the nearest streets, the establishedstreet grades, the locations, types and sizes of allutility lines, the location of any fences, and the ele-vations of all proposed finished grades; and it shallbe drawn in accordance with an accurate boundaryline survey. In the case of demolition, the site planshall show construction to be demolished and thelocation and size of existing structures and con-struction that are to remain on the site or plot. Thebuilding official is authorized to waive or modify therequirement for a site plan when the application forapproval is for alteration or repair or when other-wise warranted.

2.1. Buildings or structures located in flood haz-ard areas. Construction documents submittedfor buildings or structures located in commu-nities with identified flood hazard areas, pur-suant to Section 1612, shall include thecurrent FEMA “Flood Hazard BoundaryMap” (FHBM), “Flood Insurance RateMap” (FIRM) or “Flood BoundaryFloodway Map” (FBFM) for the project loca-tion. The required site plan shall includebuilding elevations using the same datum asthe related flood hazard map. The owner shallbe responsible for the compliance with localflood damage prevention regulations for ad-ditional critical elevation information for theproject site.

2.2. Site accessibility plan. Information in planview and details shall be submitted indicatingcompliance with the accessibility provisionsof this code for the exterior of the building inaddition to accessible features of the interior.When applicable, the plans shall include: theexterior accessible route between all facilitiesrequired to be connected; ramp locations andelevations along the exterior accessibleroute; number of and details for the required

accessible van and car parking spaces andpassenger loading areas; location and detailof required accessibility signage; grade/topo-graphic elevations before and after proposedgrading when site impracticality is intendedto be applied.

3. Floor plans. Building configuration layout draw-ings with all walls and partitions shown including:plans of full or partial basements and full or partialattics and penthouses, grade elevations at the build-ing perimeter, and references to other details andelevations. Floor plans must show all relevant infor-mation such as door swings, stairs and ramps, win-dows, shafts, all portions of the means of egress,plumbing fixtures, built-in fixtures, special equip-ment, vertical transportation, etc., and shall be suf-ficiently dimensioned to describe all relevant spacesizes. Spaces shall be identified by appropriate codeappellations (an “auditorium” may not be identi-fied as a “meeting room” if its attributes indicatethat it is an auditorium). The construction docu-ments shall designate the number of occupants to beaccommodated on every floor, and in all rooms andspaces;

4. Demolition. In the case of demolition, the floor planshall identify construction to be demolished and thelocation, arrangement, and dimensions of existingconstruction that is to remain.

5. Roof plan. Roof outline, overall dimensions anddimensions of setbacks, slope of roof, drainage, ref-erence to other details, roof materials, penetrationsthrough roof, and roof-mounted equipment;

6. Exterior elevations. Vertical dimensions, floor-to-floor heights, opening heights, references toother details, floor lines, elevations of major ele-ments, grade lines, foundation lines, material indi-cations and notes, symbols for window schedule,gutters, signs and windows, doors, and all otheropenings.

7. Building sections. Vertical dimensions, elevationsof the top of structural components and finish floorlines, materials, footings and foundations, refer-ence to other details, ceiling lines, and majormechanical services.

8. Exterior building envelope. The exterior envelopeshall be described in sufficient detail to determinecompliance with this code and the referenced stan-dards. Details shall be provided which describeflashing, intersections with dissimilar materials,corners, end details, control joints, intersections atroof, eaves, or parapets, means of drainage,water-resistive membrane details around openings,location and type of vapor retarders, window anddoor “U”-values, and insulation location and“R”-values. The supporting documentation shallfully describe the exterior wall system, which wastested, where applicable, as well as the test proce-dure used.

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9. Wall sections. Face of wall dimensions to othercomponents, vertical dimensions from foundationsto parapet relating all elements to top of structuralelements, all connection methods, wall, ceiling,floor, foundation, and roof materials and construc-tion details.

10. Interior elevations. Vertical dimensions to criticalelements, references to other details, openings inwalls, wall finishes, built-in items, and locations ofswitches, thermostats, and other wall-mountedequipment.

11. Schedules. Information or tables that describe theroom finishes, doors, windows, and door hardwareand controls. Wall and floor materials shall bedescribed by cross-hatching (with explanatory key),by notation, or by other clearly understandablemethod.

12. Structure. Complete structural description of thebuilding including size and location of all structuralelements and a table of live, wind, snow, and seismicloads used in the design of the building and otherdata as required to fully describe the structural sys-tem.

13. Fire suppression system. Areas of protection, firesuppression system occupancy hazard classifica-tion, and water supply data.

14. Fire-resistance ratings. The fire-resistance ratingsof all structural elements as required by this code,data substantiating all required fire-resistance rat-ings including details showing how penetrationswill be made for electrical, mechanical, plumbing,and communication conduits, pipes, and systems,and the materials and methods for maintaining therequired structural integrity, fire-resistance rating,and firestopping.

15. System descriptions. Complete description of theplumbing, mechanical and electrical systems,including: materials, insulation “R”-values, gen-eral routing and sizes of all piping; location andtype of plumbing fixtures and equipment; plumbingschematics and isometrics; materials, insulation“R”-values, general routing and sizes of allductwork, vents, and louvers; location and type ofheating, ventilation, air conditioning, and othermechanical equipment; location and type of all firealarm, lighting and power equipment; type and sizeof all electrical conductors.

16. Operations. Information shall be provided regard-ing operations, the types, quantities, and arrange-ment of flammable, combustible, or hazardousmaterials proposed to be produced, used, dis-pensed, or stored in the facility; material safety datasheets for hazardous materials produced, used, orstored in the facility, the commodity and arrange-ment of high piled or rack storage, control areas,etc.

17. Additional information. Additional graphic or textinformation as may be reasonably required by thebuilding official to allow the review of special orextraordinary construction methods or equipment.

106.1.1.1 Fire protection system drawings. Construc-tion documents shall be approved prior to the start ofsystem installation. Related listing information shall beprovided and drawings shall contain all information asrequired by the installation standards referenced inChapter 9. The individual installing the fire protectionsystems, who shall be certified by the state fire marshalpursuant to Section 3737.65 of the Revised Code, shallbe identified on the drawings. In the event that the listinginformation is not known or the certified installer is notknown at the time of plan examination, conditional planapproval shall be granted subject to subsequent submis-sion of the listing information and the name of the certi-fied installer prior to installation of any part of the fireprotection systems.

106.1.1.2 Special inspections. Where application ismade for construction as described in this section, theowner or the registered design professional in responsi-ble charge acting as the owner’s agent shall identifythose special inspections needed during construction onthe types of work listed under section 1704.

106.1.2 Special provisions. The following are special provi-sions:

1. When construction includes the use of industrializedunits or alternative materials, designs and methods ofconstruction or equipment approved by the board,documentation shall be provided to the building offi-cial describing how they are to be used. Before theseitems are installed or used, the following shall be sub-mitted:

1.1. A copy of the construction documents ap-proved by the board; and

1.2. Details pertaining to on-site interconnectionof modules or assemblies.

Exception: When construction includes the use ofindustrialized units for one-, two-, and three- fam-ily dwellings and their accessory structures, thedocuments shall be provided to the residentialbuilding official. If no residential department iscertified in a jurisdiction, construction documentsfor one-, two-, or three-family dwellings com-prised of industrialized units are not required to besubmitted for approval.

2. Construction documents submitted that include con-struction of public swimming pools shall include doc-umentation indicating approval of the poolconstruction documents by the Ohio department ofhealth in accordance with Section 3109.1.1 of the“OBC.”

3. Construction documents submitted that include alter-ations or construction of, or additions to buildingswhere sales, display, storage or manufacture of con-sumer fireworks, 1.4g or display fireworks, 1.3g shall

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include documentation indicating that the applicanthas received preliminary approval for constructionissued by the state fire marshal pursuant to Sections3743.04 and 3743.17 of the Revised Code.

4. The elevation certification provided by a registeredsurveyor and dry floodproofing certification, whenrequired in Section 1612.5 for buildings or structureslocated in communities with identified flood hazardareas, shall be submitted to the building official.

5. When a certified building department receives anapplication for plan approval in a jurisdiction inwhich the local fire official has requested an opportu-nity to provide input to the certified building depart-ment on issues related to fire protection, the buildingofficial shall require that the applicant provide a setof relevant construction documents for the local fireofficial. The building official shall evaluate the localfire official’s comments related to fire protection pro-visions of this code that are received within thetimeframe established by the building official andSection 3791.04 of the Revised Code prior to issuingthe plan approval certification.

6. Construction documents submitted that include alter-ations or construction of, or additions to jails, work-houses, or municipal lockups shall includedocumentation indicating that the applicant hasreceived preliminary approval for constructionissued by the Ohio Department of rehabilitation andCorrections.

106.2 Evidence of responsibility. Required construction docu-ments, when submitted for review as required under Section107, shall bear the identification of the person primarilyresponsible for their preparation.

106.2.1 Seal requirements. When it is required that docu-ments be prepared by a registered design professional, thebuilding official shall be authorized to require the owner toengage and designate on the approval application a regis-tered design professional who shall act as the registereddesign professional in responsible charge. The registereddesign professional in responsible charge shall be responsi-ble for reviewing and coordinating submittal documentsprepared by others, including phased and deferredsubmittal items, for compatibility with the design of thebuilding.

Where structural observation is required by Section 1709,the inspection program shall name the individual or firmswho are to perform structural observation and describe thestages of construction at which structural observation is tooccur. See also duties specified in Section 1704.

Construction documents shall bear the seal of a regis-tered design professional pursuant to Section 3791.04 of theRevised Code.

Exception: The seal of a registered design professionalis not required on construction documents for:

1. Buildings or structures classified as one-, two-, orthree-family dwellings and accessory structures;

2. Energy conservation design for buildings or struc-tures classified as one-, two-, or three-familydwellings;

3. Fire protection system designs submitted underthe signature of an individual certified in accor-dance with Section 107.4.4;

4. Installation of replacement devices, equipment orsystems that are equivalent in type and design tothe replaced devices, equipment or systems; and

5. Alterations, construction or repairs to any build-ings or structures subject to Sections 3781.06 to3781.18 and 3791.04 of the Revised Code wherethe building official determines that the proposedwork does not involve the technical design analy-sis of work affecting public health or generalsafety in the following areas: means of egress,structural, mechanical, electrical, plumbing, orfire protection.

5.1. For the purpose of this exception, technicaldesign analysis is defined as the develop-ment of integrated solutions using analyti-cal methods in accordance with establishedscientific and engineering principles.

106.3 Amended construction documents. If substantivechanges to the building are contemplated after first documentsubmission, or during construction, those changes must besubmitted to the building official for review and approval priorto those changes being executed. The building official maywaive this requirement in the instance of an emergency repair,or similar instance.

106.4 Alternative materials and methods of construction andequipment. For approval of a device, material or assembly thatdoes not conform to the performance requirements in this code,Section 114 shall apply.

106.5 Alternative engineered design. The design, documenta-tion, inspection, testing and approval of an alternative engi-neered system shall comply with Sections 106.5.1 to 106.5.3 ofthis rule.

106.5.1 Design criteria. An alternative engineered designshall conform to the intent of the provisions of this code andshall provide an equivalent level of quality, strength, effective-ness, fire resistance, durability and safety. Materials, equip-ment or components shall be designed and installed inaccordance with the manufacturer’s installation instructions.

106.5.2 Submittal. The registered design professional shallindicate on the application that the system is an alternativeengineered design. The approval and permanent approvalrecords shall indicate that an alternative engineered designwas part of the approved installation. Where special condi-tions exist, the building official is authorized to requireadditional construction documents to be prepared by a reg-istered design professional.

106.5.3 Technical data. The registered design professionalshall submit sufficient technical data to substantiate the pro-posed alternative engineered design and to prove that theperformance meets the intent of this code.

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SECTION 107PLAN APPROVAL PROCESS

107.1 Plan review required. Where the rules of the board areapplicable under Section 101.2, before a building or additionto a building is constructed or erected, and before a building isaltered or relocated, or building equipment is installed, orthere is a change of occupancy, or a resubmission of construc-tion documents is required or received, construction docu-ments relating to the work and equipment under considerationshall be prepared in conformity with section 106 and be sub-mitted to the building department for examination andapproval.

107.2 Application for plan approval. To obtain a planapproval, the owner or the owner’s representative shall firstfile an application in writing on a form furnished by the build-ing department for that purpose. Such application shall:

1. Identify and describe the work to be covered for whichapplication is made for approval.

2. Describe the land on which the proposed work is to bedone, street address or similar description that willreadily identify and locate the proposed building orwork.

3. Indicate the use and occupancy(ies) for which the pro-posed work is intended.

4. Be accompanied by construction documents and otherinformation as required in Section 106.3.

5. Be signed by the owner, or the owner’s authorized agent.

6. Give such other data and information as required by thebuilding official.

107.2.1 Time limitation of application. The approval ofplans under this section is a “license” and the failure toapprove such plans as submitted within thirty days after fil-ing or the disapproval of such plans is an “adjudicationorder denying the issuance of a license” requiring theopportunity for an “adjudication hearing” as provided bySections 119.07 to 119.13 of the Revised Code and as modi-fied by Sections 3781.031 and 3781.19 of the Revised Code.In accordance with Section 109, an adjudication orderdenying the issuance of a license shall specify the reasonsfor such denial.

If construction documents have been reviewed for compli-ance with the rules of the board, an adjudication order hasbeen issued to the owner and the owner’s representative,and the owner has neither exercised the right to appeal pur-suant to Section 110 nor resubmitted corrected documents,the application is invalid six months from the date of theissuance of the adjudication order.

107.3 Order of plan review. Construction documents submit-ted for approval shall be examined for compliance with therules of the board in the order received, unless otherwise con-sented to by the building owners affected by deferred examina-tion.

107.4 Review of plans. When construction documents havebeen submitted to the building department for review andapproval, the building official shall cause the construction doc-

uments to be examined for compliance with the rules of theboard by assigning the examination duty to an appropriatelycertified plans examiner. The plans examiner shall first deter-mine whether the construction documents are adequate asrequired in Section 106. If so, the plans examiner shall examinethe construction documents to determine compliance with therules of the board.

107.4.1 Inadequate construction documents. If construc-tion documents are determined to be incomplete or inade-quate for examination, the plans examiner shall report thefindings to the building official. The plans examiner shallexamine the construction documents to the extent possibleand identify what information from section 106 is missingand needed to complete the required examination. Uponreceipt and review of the report, the building official shallproceed as required in Section 107.6.

107.4.2 Resubmitted documents. If construction docu-ments are resubmitted in response to an adjudication order,the review for compliance shall be limited to determiningthat the item of non-compliance, and any work affected, hasbeen corrected and shall not be deemed to authorizeanother review of unmodified construction documents pre-viously determined to comply.

107.4.3 Sealed construction documents. Construction doc-uments which have been prepared by an Ohio registereddesign professional who prepared the same as conformingto the requirements of the rules of the board pertaining todesign loads, stresses, strength, and stability, or otherrequirements involving technical analysis, need be exam-ined only to the extent necessary to determine conformity ofsuch construction documents with other requirements of therules of the board.

107.4.4 Fire protection system construction documents.Construction documents for fire protection systems autho-rized to be submitted by individuals certified pursuant toChapter 4101:2-87 of the Administrative Code shall:

1. When submitted under the signature of an individualcertified under Section 3781.105 of the Revised Code,be processed in the same manner as construction doc-uments submitted under the signature of a registereddesign professional. Any statistical data, reports,explanations, plan description, or information thatwould not also be required for a similar submissionby a registered design professional need not be sub-mitted by a certified designer.

2. If certified by a registered design professional or indi-vidual certified under Section 3781.105 of theRevised Code as conforming to requirements of therules of the board pertaining to design loads, stresses,strength, stability, or other requirements involvingtechnical analysis, be examined by the buildingdepartment official only to the extent necessary todetermine conformity of such construction docu-ments with other requirements adopted by the boardunder Chapters 3781. and 3791. of the Revised Code.

107.5 Plan review, compliance with rules of the board. If theconstruction documents are determined to comply with therules of the board, the plans examiner shall communicate the

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findings and recommend the conditions and type of approval tothe building official.

107.5.1 Building official approval. The building officialshall evaluate the plans examiner’s recommendations andany communications received from the fire official asdescribed in Section 106.1.2. When the construction docu-ments have been determined to conform to the applicableprovisions of the rules of the board, the building officialshall endorse or stamp such plans as approved and issue thecertificate of plan approval in accordance with Section105.5.

107.5.2 Posting. The certificate of plan approval shall beposted in a conspicuous location on the site. The owner andthe contractor shall preserve and keep the certificate posteduntil the final inspections have been completed.

107.6 Plan review, items of noncompliance. When the con-struction documents are examined and items of noncompliancewith the rules of the board are found by the plans examiner, thebuilding official shall proceed as required in either Section107.6.1 or Section 107.6.2.

107.6.1 Communication process for items of non-compli-ance.

1. Item(s) of non-compliance shall be communicated tothe owner or the owner’s representative and offer thefollowing options:

1.1. The owner will revise the drawings and resub-mit to the department.

1.2. The items of noncompliance will not bebrought into compliance and will be referredto the building official as indicated in item 4below.

2. The owner or the owner’s representative shall indi-cate which option (item 1 above) will be exercised.

3. Notations of the communication shall be made on aplan review record. The notations shall include theplans examiner’s name, the date of the communica-tion with the owner or the owner’s representative, theobserved items of noncompliance, the code citationrelated to the item(s) of noncompliance, the actionnecessary to correct the item(s) of noncompliance,the option chosen by the owner or the owner’s repre-sentative, the name of the person communicated with,and the estimated dates of compliance andresubmission, if applicable.

4. If the owner or the owner’s representative indicatesthat the work will not be brought into compliance withthe rules of the board or requests an adjudicationorder, the plans examiner shall report to the buildingofficial in accordance with Section 107.6.2.

107.6.2 Building official determination of noncompli-ance. The building official shall evaluate the plans exam-iner’s report and any reports received from the fire officialas described in Section 106.1.2 and render a final determi-nation as to whether the items of non-compliance are to becommunicated to the owner in the form of an adjudicationorder complying with Section 109. The building official

shall also determine whether any approvals are possible,and issue the appropriate approval as described in Section105.

107.7 Approved construction document sets. One set ofapproved construction documents shall be kept by the buildingofficial. The other set(s) shall be returned to the applicant, keptat the work site, along with manufacturers’installation instruc-tions and product information, and shall be available for use bythe inspector.

SECTION 108INSPECTION PROCESS

108.1 General. After construction documents have beenapproved, construction or work may proceed in accordancewith the approved documents. Construction or work for whichan approval is required shall be subject to inspection. It shallbe the duty of the owner or the owner’s duly authorized repre-sentative to notify the building department when work is readyfor inspection. Access to and means for inspection of such workshall be provided for any inspections that are required by thiscode.

It shall be the duty of the owner or the owner’s authorizedrepresentative to cause the work to remain accessible andexposed for inspection purposes. Such construction or workshall remain accessible and exposed for inspection purposesuntil the work has been inspected to verify compliance with theapproved construction documents, but failure of the inspectorsto inspect the work within four days, exclusive of Saturdays,Sundays, and legal holidays, after the work is ready for inspec-tion, allows the work to proceed.

Subsequent work is allowed to proceed only to the point ofthe next required inspection.

108.2 Required inspections. At the time that the certificate ofplan approval is issued, the building official shall provide, tothe owner or the owner’s representative, a list of all requiredinspections for each project. The required inspection list shallbe created from the applicable inspections set forth in Sections108.2.1 to 108.2.14. The building official, upon notificationfrom the owner or the owner’s agent that the work is ready forinspection, shall cause the inspections set forth in the requiredinspection list to be made by an appropriately certified inspec-tor in accordance with the approved construction documents.

108.2.1 Lot line markers required. Before any work isstarted in the construction of a building or an addition to abuilding to which the rules of the board are applicableunder Section 101.2, all boundary lines shall be clearlymarked at their intersections with permanent markers orwith markers which are offset at a distance which is ofrecord with the owner.

108.2.2 Footing or foundation inspection. Footing andfoundation inspections shall be made after excavations forfootings are complete and any required reinforcing steel isin place. For concrete foundations, any required forms shallbe in place prior to inspection. Materials for the foundationshall be on the job, except where concrete is ready mixed inaccordance with “ASTM C 94,” the concrete need not be onthe job.

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108.2.3 Concrete slab and under-floor inspection. Con-crete slab and under-floor inspections shall be made afterin-slab and under-floor reinforcing steel and building ser-vice equipment, conduit, insulation, vapor retarder, pipingaccessories and other ancillary equipment items are inplace, but before any concrete is placed or floor sheathinginstalled, including the subfloor.

108.2.4 Lowest floor elevation. The elevation certificationrequired in Section 1612.5 shall be submitted to the buildingofficial.

108.2.5 Frame inspection. Framing inspections shall bemade after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys andvents to be concealed are complete and the rough electrical,plumbing, heating wires, pipes and ducts are approved.

108.2.6 Lath or gypsum board inspection. Lath and gyp-sum board inspections shall be made after lathing and gyp-sum board, interior and exterior, is in place, but before anyplastering is applied or before gypsum board joints and fas-teners are taped and finished.

Exception: Gypsum board that is not part of a fire-resis-tive assembly or a shear assembly.

108.2.7 Fire-resistant penetrations. Protection of jointsand penetrations in fire-resistance-rated assemblies shallnot be concealed from view until inspected and approved.

108.2.8 Energy efficiency inspections. Inspections shall bemade to determine compliance with Chapter 13 of the“OBC” and shall include, but not be limited to, inspectionsfor: envelope insulation “R” and “U” values, fenestration“U” value, duct system “R” value, infiltration air barriers,caulking/sealing of openings in envelope and ductwork, and“HVAC” and water heating equipment efficiency.

108.2.9 Building services equipment inspections. Inspec-tions shall be made of all building services equipment toensure that it has been installed in accordance with theapproved construction documents, the equipment listings,and the manufacturer’s installation instructions. Inspec-tions shall include, but not be limited to, inspections for thefollowing systems and their associated components:mechanical heating and ventilating systems, mechanicalexhaust systems, plumbing systems, fire protection systems,and electrical systems.

108.2.10 Other inspections. In addition to the inspectionsspecified above, the building official is authorized to makeor require other inspections of any construction work toascertain compliance with the provisions of this code.

Where applications are submitted for projects of unusualmagnitude of construction, the building official may requireinspections or full-time project representation by a regis-tered design professional or inspection agency. This inspec-tor/project representative shall keep daily records andsubmit reports as required by the building official.

Exception:Where the building official requires full-timeproject inspection, the installation of a fire protectionsystem may be inspected by a person certified under Sec-tion 3781.105 of the Revised Code. The person shall be

certified in the appropriate subfield of fire protection sys-tems being inspected – automatic sprinkler, fire alarm, orspecial hazards systems design.

108.2.11 Special inspections. For special inspections, seeSection 1704.

108.2.12 Final inspection. The final inspection shall bemade after all work required by the plans approval is com-pleted.

108.2.13 Industrialized unit inspections. Approved indus-trialized units and the on-site construction to complete theinstallation of the industrialized units shall be inspected.Such inspections shall include:

1. Connection to on-site construction, interconnectionof modules, connection to utilities. The inspectionsand conducting of required tests shall not require thedestruction or disassembly of any factory-con-structed component authorized by the board.

2. Inspection of the unit for damage resulting fromtransportation, improper protection of exposed partsfrom inclement weather or other causes. Damageshall be repaired as required by the building officialto comply with the applicable provisions of the rulesof the board;

3. Inspection of the unit to determine if it is marked by aninsignia furnished by the board; and

4. Inspect the unit to determine if the floor plan, exteriorelevations, and exposed details are in conformancewith the plans approved by the board.

108.3 Inspection agencies. The building official is authorizedto accept reports of approved inspection agencies, providedsuch agencies are approved in accordance with the rules of theboard of building standards.

108.4 Right of entry. The building official, or the building offi-cial’s designee, is authorized to enter the structure or premisesat reasonable times to inspect or to perform the duties imposedby this code, provided that credentials are presented to theoccupant and that entry is requested and obtained. Where per-mission to enter has not been obtained, is denied, or the build-ing official has probable cause to believe that there exists in astructure or upon a premises a condition which is a serioushazard the building official shall proceed as required in Section109 and shall also have recourse to the remedies provided bylaw to secure entry.

108.5 Inspections, compliance with construction documents.When an inspector from the department having jurisdictionfinds that completed work is in accordance with the approvedconstruction documents, the inspector shall communicate thefindings to the owner’s on-site representative and shall make anote of the satisfactory inspection on an on-site inspectionrecord and in the inspector’s log.

108.6 Inspections, observation of violations, unsafe condi-tions, or serious hazards. When an inspector from the depart-ment having jurisdiction finds that any work in connection withthe location, erection, construction, repair, alteration, moving,or equipment of a building is contrary to the approved con-

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struction documents for the same, the building inspector shallproceed as required in either Section 108.6.1 or 108.7.

108.6.1 Communication process for work contrary toapproved construction documents.

1. Communicate the nature of the differences to theowner or the owner’s on-site representative and offerthe following options

1.1. The owner will bring the item of noncompli-ance into compliance,

1.2. The owner will revise the drawings and resub-mit to the department,

1.3. The items of noncompliance will not bebrought into compliance and will be referredto the building official as indicated in item 4below.

2. The owner or the owner’s on-site representative shallindicate which option (item 1 above) will be exer-cised.

3. Notations on the on-site inspection record and in theinspector’s log shall be made. The notations shallinclude the inspector’s name, the date of the inspec-tion, the type of inspection, the observed items of non-compliance, the option chosen by the owner or theowner’s on-site representative, the name of the per-son communicated with, and the estimated dates ofcompliance and follow-up inspections, if applicable.

4. If the owner or the owner’s on-site representativeindicates that the work will not be brought into com-pliance with the approved construction documents,the inspector shall submit a report to the building offi-cial for the final determination of noncompliance inaccordance with Section 108.7.

108.6.2 Observation of violations not shown on plans. If aninspector, in the course of performing the assigned orrequested inspections, observes a code violation that waseither shown incorrectly or not adequately addressed ordetailed in the approved construction documents, theinspector shall communicate the finding to the building offi-cial so that the building official can make a determination ofwhether the code violation is of such significance to warrantcommunicating the finding to the owner or the owner’s rep-resentative as a recommended change.

108.6.3 Observation of unsafe conditions or serious haz-ards. If an inspector, in the course of performing theassigned or requested inspections, observes an unsafe con-dition or a serious hazard, the inspector shall communicatethat condition to the owner or the owner’s on-site represen-tative and shall report the findings immediately to the build-ing official so that the building official can make a finaldetermination of whether the violation constitutes a serioushazard which requires the issuance of an adjudication orderas required in Section 109.

108.6.4 Industrialized units, observations of noncompli-ance. When an inspector from the department having juris-diction finds that an industrialized unit has beenconstructed contrary to the plans approved by the board, the

inspector shall report the nonconformance to the buildingofficial. The building official shall notify the board of all vio-lations of Section 108.2.13. The board or its designee andthe building official shall determine the corrective action tobe taken before the building is approved to be occupied.

108.7 Building official determination of noncompliance. Thebuilding official shall evaluate the inspector’s report and ren-der a final determination as to whether the items of non-com-pliance are to be communicated to the owner in the form of anadjudication order complying with Section 109. The buildingofficial shall also determine whether any approvals are possi-ble.

108.8 Testing of building service equipment. Building serviceequipment shall be tested as required in the applicable code orreferenced standard. Advanced notice of the test schedule shallbe given to the building official. The building official mayrequire that the tests be conducted in the presence of the build-ing official or certified inspector. Testing and inspectionrecords shall be made available to the building official orinspector, upon request, at all times during the fabrication ofthe systems and the erection of the building.

108.8.1 New, altered, extended or repaired systems. Newsystems and parts of existing systems, which have beenaltered, extended, renovated or repaired, shall be tested asprescribed herein to disclose leaks and defects.

108.8.2 Apparatus, material and labor for tests. Appara-tus, material and labor required for testing a system or partthereof shall be furnished by the owner or the owner’s repre-sentative. Required tests shall be made by the owner andshall be conducted at the expense of the owner or theowner’s representative.

108.8.3 Reinspection and testing. Where any work orinstallation does not pass an initial test or inspection, theinspector shall proceed as outlined in Section 108.6.

108.9 Inspections, completion. When all of the required suc-cessive inspections have been satisfactorily completed and theinspectors have verified compliance with the approved con-struction documents, the inspectors shall communicate theirfindings to the building official. The building official, afterreview of the findings, shall issue the certificate of occupancyas described in Section 111.

SECTION 109ORDERS, VIOLATIONS, AND UNSAFE BUILDINGS

109.1 Adjudication orders required. When the building offi-cial denies any approval or takes action in response to findingsof non-compliance, such action shall be initiated by issuing anadjudication order, prior to seeking any remedy, civil or crimi-nal. Every adjudication order shall:

1. Clearly identify the section of law or rules violated;

1.1. Clearly identify, in a contrasting and obviouslymarked manner, all violations related to accessi-bility.

2. Specifically indicate which detail, installation, site prep-aration, material, appliance, device, addition, alterationto structures, construction documents, assemblages or

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procedures are necessary to change to comply with theorder;

2.1. When issued to stop work, the order shall alsoclearly indicate the specific work that is requiredto cease, when the work must cease and the con-ditions under which the cited work will be per-mitted to resume. The order to stop work shall begiven to the owner of the property involved, to theowner’s agent and the person doing the work.

3. Include notice of the procedure for appeal and right to ahearing if requested within thirty days of the mailing ofthe order. The order shall also indicate that, at the hear-ing, the owner may be represented by counsel, presentarguments or contentions orally or in writing, and pres-ent evidence and examine witnesses appearing for oragainst the owner;

3.1. Any hearing(s) scheduled for accessibility issuesshall cause the building official or the appealsboard to notify a local advocate organization forpeople with disabilities of the scheduled hearing.When a local advocate organization is not avail-able, a state organization representing peoplewith disabilities, such as the “Governor’s Coun-cil on People with Disabilities” shall be notified;

4. Specify a reasonable period of time in which to bring theitem(s) on the order into compliance;

5. Include the signature of the building official;

6. The order shall be sent by certified mail, return receiptrequested, to the owner and any individual designated asa representative or agent by the owner in such matters.

109.2 Response to orders. The person receiving an order shallexercise their right to appeal within 30 days of the mailing ofthe order, comply with the order, or otherwise be released fromthe order by the building official.

109.3 Prosecution and penalties. When an owner fails to com-ply with Section 109.2, the owner may be prosecuted and issubject to a fine of not more than five hundred dollars as pro-vided for in Section 3791.04 of the Revised Code.

109.3.1 Unlawful continuance. Failure to cease work afterreceipt of an order to stop work is hereby declared a publicnuisance.

109.4 Unsafe buildings. Structures or existing equipment thatare unsafe or unsanitary due to inadequate means of egressfacilities, inadequate light and ventilation, or which constitutea fire hazard, or are otherwise dangerous to human life, shallbe deemed a serious hazard. Where a building is found to be aserious hazard, such hazard shall be eliminated or the buildingshall be vacated, and where such building, when vacated,remains a serious hazard, it shall be razed.

109.4.1 Orders, injunction proceedings. Where the build-ing official finds that a building is a serious hazard and theowner of such building fails, in the time specified in an orderfrom the building official, to eliminate such hazard, or tovacate or raze the building, the building official shall pro-ceed under Section 3781.15 of the Revised Code.

109.4.2 Restoration. Where the structure or equipment isdetermined to be unsafe by the building official, it is permit-ted to be restored to a safe condition. To the extent thatrepairs, alterations or additions are intended to be made ora change of occupancy occurs during the restoration of thestructure, such repairs, alterations, additions or change ofoccupancy shall comply with Chapter 34 and this chapter.

SECTION 110APPEALS

110.1 Hearing and right of appeal, local board of buildingappeals. Adjudication hearings shall be in accordance withSections 119.09 to 119.13 of the Revised Code, as required bySection 3781.031 of the Revised Code, and the following:

1. Requests for hearing shall be within thirty days of themailing date of an adjudication order. The local boardshall schedule a hearing and notify the party. If the hear-ing concerns Section 3781.111 of the Revised Code orrules adopted thereunder, reasonable notice of time,date, place, and subject of the hearing shall be given toany local organization composed of or representing per-sons with disabilities, as defined in Section 3781.111 ofthe Revised Code, or if there is no local organization,then to any statewide organization composed of or rep-resenting persons with disabilities.

1.1. For purposes of conducting adjudication hear-ings, the local board may require attendance ofwitnesses, production of records and papers, andmay take depositions of witnesses in accordancewith Section 119.09 of the Revised Code.

1.2. Testimony shall be under oath and, as outlined inSection 109.1, a stenographic or mechanicalrecord of testimony and other evidence submittedshall be taken at the expense of the local board ofbuilding appeals.

1.3. The local board may postpone or continue anyadjudication hearing on its own motion or uponthe application of any party.

1.4. The board shall keep a full and complete recordof all proceedings which shall be open to publicinspection.

2. The Board shall render its decision within thirty daysafter the hearing.

3. Following the hearing, an order shall be entered on itsjournal, and the local board shall serve by certified mail,return receipt requested, upon the party affectedthereby, a certified copy of the order and a statement ofthe time and method by which an appeal may be per-fected. A copy of the order shall be mailed to the attorneyor other representatives of record representing theparty.

4. Any municipal or county officer, official municipal orcounty board, or person who was a party to the hearingbefore the municipal or county board of buildingappeals, may apply to the state board of building appealsfor a de novo hearing, or may appeal to the court of com-

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mon pleas of the county in which he is a resident or inwhich the premises affected by such order is located.

5. In addition, when the adjudication hearing concernsSection 3781.111 of the Revised Code, or any rule madethereunder, any local organization composed of or rep-resenting persons with disabilities, or if no local organi-zation exists, then any statewide organizationrepresenting persons with disabilities may file appealsas indicated in paragraph 4. of this section.

6. Application for a de novo hearing before the state boardshall be made no later than thirty days after the munici-pal or county board renders its decision.

SECTION 111CERTIFICATE OF OCCUPANCY

111.1 Approval required to occupy. No building or structure,in whole or in part, shall be used or occupied until the buildingofficial has issued an approval in the form of a certificate ofoccupancy. The certificate of occupancy shall indicate the con-ditions under which the building shall be used. The buildingowner shall only use the structure in compliance with the certif-icate of occupancy and any stated conditions. The structureand all approved building service equipment shall be main-tained in accordance with the approval. When a building orstructure is entitled thereto, the building official shall issue acertificate of occupancy.

111.1.1 New buildings. A building or structure erected shallnot be used or occupied, in whole or in part, until the certifi-cate of occupancy has been issued by the building official.Occupancy of spaces within a building which are unaffectedby the work shall be allowed to continue if the building offi-cial determines the existing spaces can be occupied safelyuntil the completion of the alteration.

111.1.2 Building alterations or additions. A building orstructure enlarged, extended or altered, in whole or in part,shall not be occupied or used until a certificate of occu-pancy has been issued. Occupancy of spaces within a build-ing which are unaffected by the work of alteration shall beallowed to continue if the building official determines theexisting spaces can be occupied safely until the completionof the alteration.

111.1.3 Change in occupancy. Changes in occupancy of anexisting structure shall not be made except as specified inChapter 34. A building or structure hereafter changed, inwhole or in part, from one occupancy to another shall not beoccupied for the new occupancy until the certificate of occu-pancy has been issued by the building official reflectingsuch changed portions. Existing occupancy of spaces withinthe building which are unaffected by the change of occu-pancy and any related alterations shall be allowed to con-tinue if the building official determines the existing spacescan be occupied safely until the completion of the alter-ations.

111.1.4 Partial occupancy. Upon the request of the owneror owner’s representative, a building official shall issue acertificate of occupancy before the completion of the entirework, provided that the building official determines that the

space can be safely occupied prior to full completion of thebuilding, structure, or portion without endangering life orpublic welfare. The certificate shall indicate the extent of theareas approved for occupancy and any time limits for com-pletion of the work.

111.1.5 Time-limited occupancy. A building or structurehereafter changed in part from one occupancy to anotherfor a limited time may receive a certificate of occupancyreflecting that time-limited occupancy provided:

1. There are no violations of law or orders of the build-ing official pending;

2. It is established after inspection and investigationthat the proposed use is not deemed to endanger pub-lic safety and welfare safely;

3. The building official has approved the use for analternative purpose on a temporary basis;

4. The building official has issued a certificate of occu-pancy indicating any special conditions under whichthe building or part of the building can be used for thealternative purpose within the time limit specified.

111.1.6 Temporary structures occupancy. A buildingintended to be erected, placed and used for a period of timenot to exceed one hundred eighty days that has been deter-mined by the building official to be in compliance with Sec-tion 102.7 shall be issued a “Certificate of Occupancy forTemporary Structures.” The building official is authorizedto grant extensions for demonstrated cause.

111.2 Existing buildings. Upon written request from the ownerof an existing building or structure, the building official shallissue a certificate of occupancy, provided there are not viola-tions of law or orders of the building official pending, and it isestablished after inspection and investigation that the allegedoccupancy of the building or structure has previously existed.This code shall not require the removal, alteration or abandon-ment of, or prevent the continuance of, the occupancy of a law-fully existing building or structure, unless such use is deemed toendanger public safety and welfare.

111.3 Certificate issued. The certificate shall certify compli-ance with the provisions of this code, Chapters 3781. and 3791.of the Revised Code, and the purpose for which the building orstructure may be used in its several parts. The certificate ofoccupancy shall contain the following:

1. The plan approval application number.

2. The address.

3. A description of that portion of the structure for whichthe certificate is issued.

4. The signature of all building officials having jurisdic-tion. When more than one building official has jurisdic-tion for a building (when the certification of thebuilding department is limited for such systems asplumbing or piping systems) each shall sign the certifi-cate of occupancy with an indication of the scope oftheir individual approvals.

5. The edition of the code under which the plan approvalwas issued.

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6. The use and occupancy, in accordance with the provi-sions of Chapter 3.

7. The type of construction as defined in Chapter 6.

8. The design occupant load.

9. If an automatic sprinkler system is provided, whetherthe sprinkler system is required.

10. The hazard classification or storage configuration,including aisle widths, for which the automatic sprin-kler system is designed.

11. The automatic sprinkler and standpipe system demandat the base of the riser.

12. Any special stipulations and conditions of the planapproval including any variances granted to therequirements of this code.

111.4 Validity of a certificate of occupancy. The certificate ofoccupancy represents an approval that is valid only when thebuilding or structure is used as approved and certifies confor-mance with applicable provisions of the “Ohio Building Code”and Chapters 3781. and 3791. of the Revised Code. Theapproval is conditioned upon the building systems and equip-ment being maintained and tested in accordance with theapproval, the “Ohio Building Code,” and applicable equip-ment and systems schedules.

111.5 Connection of service utilities. No connections shall bemade from a utility, source of energy, fuel or power to anybuilding or system that is regulated by this code for which aplan approval and inspections are required, until approved bythe building official.

111.6 Temporary connection. The building official shallapprove the temporary connection of the building or system tothe utility source of energy, fuel or power.

SECTION 112CHANGES TO THE CODE

112.1 Changes, board of building standards. The board may,on its own motion, in accordance with section 3781.10 of theRevised Code adopt, amend, or rescind rules through theadministrative rule process.

112.2 Changes, applications for. Any person may apply to theboard to adopt, amend, or rescind rules of the board. The appli-cation for rule change shall be on forms and in format pre-scribed by the board. Twelve printed copies of the applicationshall be filed with the secretary of the board.

112.3 Processing applications for changes. When the secre-tary of the board receives a conforming application for anadoption, amendment, or annulment of a provision of the rulesof the board, the secretary shall promptly deliver or mail a copyof the application to each member of the board.

After receiving an application for the adoption, amendment,or annulment of a provision of the rules of the board, the boardshall proceed under Sections 3781.101 and 3781.12 of theRevised Code.

SECTION 113INDUSTRIALIZED UNITS

113.1 Industrialized units. Industrialized units shall beapproved by the board in accordance with the provisions in thissection.

Exceptions:

1. Alternative materials, design and methods of con-struction and equipment approved by the board inaccordance with Section 114.2.

2. Construction for which the provisions of section 1704applies. Where panels or components are constructedto include elements not provided for or accounted forin Section 1704, then this section shall apply. (Forexample, engineered gluelam beams, precast con-crete panels or welded steel components that havebeen constructed offsite with electrical or mechanicalcomponents in them so that a detailed inspection ofthe mechanical or electrical components cannot bedone on the site of their intended use would berequired to comply with this section.)

3. Foam plastic insulation conforming to the provisionsof Section 2603. (However, a foam plastic insulationpanel that is constructed, listed and labeled in accor-dance with Section 2603, is required to comply withthis section if structural, electrical or other compo-nents not covered by Section 2603 are enclosedwithin the panel.)

4. Materials, devices and products in directories listedin Table 114.3 used for building service equipmentsystems in accordance with the listing and this code.

113.2 Definitions.

Closed construction. An assembly of materials or productsmanufactured in such a manner that its structural, plumbing,electrical, environmental control, or fire protection elements orcomponents are concealed and are not readily accessible forinspection at the site of its erection, without disassembly, dam-age, or destruction. Closed construction includes assemblieswhere only one of the components is not accessible for inspec-tion. (For example, an equipment enclosure where all the elec-trical conductors and components are exposed for inspectionand its roof and wall panels have exposed structural membersbut the floor panel structural members are not exposed, wouldbe required to comply with this section.)

Industrialized units. Industrialized units are prefabricatedcomponents comprised of closed construction manufactured ata location remote from the site of intended use and transportedto a building site for its subsequent use. Industrialized units arenot restricted to housing for one-, two-, and three-family dwell-ings, but includes all prefabricated forms of building elementsand assembled construction units, intended for both structuraland service equipment purposes in all buildings of all groups.Prefabricated shop assemblies may be shipped in structurallycomplete units ready for installation in the building structureor in knock-down and packaged form for assembly at the site.

113.2.1 General terms. Such terms as heart modules orcores, modules, modulars, service cores, prefabs, sectionalor sectionalized, panels or panelized construction, and spe-

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cific terms including “prefabricated-subassembly, -build-ing, -unit, -unit service equipment” shall be consideredindustrialized units. They may be self-sufficient or interde-pendent as a unit or group of units and used together orincorporated with standard construction methods to form acompleted structural entity.

113.3 Application. The application for approval, includingrevisions and renewals for existing approvals, shall be submit-ted to the board together with the fee required in Section 113.8of this chapter. The required information shall be provided asprescribed by the board on its website. Construction docu-ments shall be included in conformity with the applicable pro-visions of Section 106, and shall describe all essential elementsof the structure or assembly and details of interconnection of:assemblies; service equipment; electrical wiring; plumbing;mechanical; and any other equipment whether installed at thesite or in the manufacturing facility. The design and construc-tion of the units shall be in conformance with the provisions ofthe Ohio building, mechanical and plumbing codes based onthe intended use and/or occupancy type. Industrialized unitsintended to be used exclusively for one-, two-, or three- familydwellings shall comply with the applicable provisions of the“Residential Code of Ohio for One-, Two-, and Three- FamilyDwellings” listed in Section 3501.2 or shall meet the provi-sions of the board’s rules applicable to “Group R-3.” Only theperson holding an approval may apply to the board for a revi-sion or renewal of the approval.

113.3.1 Manufacturers with facilities outside Ohio. Eachapplication for manufacturers with manufacturing facilitiesoutside Ohio shall also identify the individual or agencythat will be performing in-plant inspections of the unitsintended for placement in Ohio. The application shall alsoinclude a letter from the designated individual or agencyindicating that they have a contractual relationship with themanufacturer to perform the inspections. This letter shallinclude the name(s) and board certification(s) of the indi-vidual(s) who will be assigned to perform the inspections.

113.3.2 Manufacturers with facilities in Ohio. Each appli-cation for manufacturers with manufacturing facilities inOhio shall include the same information required in Section113.3.1 or, as an alternative, the manufacturer shall indi-cate their intention to have the inspections conducted byinspectors designated by the board.

113.4 Evaluation. After receipt of the application, the board orsuch agency designated by the board shall proceed with reviewof the industrialized unit construction documents and causesuch inspections of the manufacturer’s quality control pro-cesses used to ensure compliance with the rules of the board.

113.4.1 Tests. The board shall have the authority to requiretests as evidence of compliance. Test methods shall be asspecified in this code or by other recognized test standards.In the absence of recognized and accepted test methods, theboard shall approve the testing procedures. Tests shall beperformed by an approved agency. Reports of such testsshall be retained by the board for the period required forretention of public records.

113.4.2 Plant evaluations. An initial plant evaluationinspection shall be required at each plant of manufacture to

observe and ensure that the manufacturer’s facilities andquality control program maintains acceptable control ofmaterials and processes used in the manufacture of indus-trialized units to ensure conformance with the approvedconstruction documents. The plant evaluation inspectionshall include all subassembly plants supplying the manu-facturer, as the board may deem necessary.

113.5 Approval. The board, upon determination of compli-ance, shall issue an approval to the applicant. Industrializedunits approved by the board may be used anywhere in Ohiosubject to the conditions for their use and application as indi-cated in the approval.

113.5.1 Revisions. Any changes to board approved con-struction documents affecting the conditions listed in theapproval shall require a revision of the approval.

113.5.2 Code changes. When any changes to the rules of theboard are adopted which affect the use, safety or sanitationof any approved industrialized unit, the holder of theapproval shall apply to the board for a revision of theapproval. Failure to apply for revision of approvals withinthe time specified by the board, shall constitute failure tocomply with the conditions of the approval.

113.5.3 Revocation of approval. Upon failure of the holderof an approval to comply with the conditions of the approvaland this chapter, the board, on its own motion, shall order ahearing in accordance with Section 119.03 of the RevisedCode to revoke an existing approval.

113.6 Inspections and insignia. Each industrialized unit shallbe inspected during each phase of the manufacturing processby inspectors certified by the board or such persons designatedby the board until inspections demonstrate that the manufac-turer’s quality control program is capable of assuring that theindustrialized units produced are built in accordance with theconstruction documents approved by the board. When it hasbeen determined that the manufacturer’s quality control pro-gram is capable of assuring compliance with the boardapproved construction documents, at least one phase of con-struction shall be inspected for each unit by an inspector certi-fied or designated by the board.

Exception: When a manufacturer with manufacturing facil-ities in Ohio has chosen to have inspections conducted bydesignees of the board, the inspection frequency shall bebased upon the reliability or effectiveness of the manufac-turer in maintaining sufficient control of the materials andprocesses to ensure that the units are constructed in accor-dance with the approved construction documents.

An insignia shall be obtained from the board for each indus-trialized unit module to be used within the state of Ohio. Theinsignia shall be affixed to each unit after a determination ismade that the unit is constructed in accordance with the con-struction documents approved by the board, which shall con-stitute final approval of the unit.

113.6.1 Increased inspection. When an inspection deter-mines that the quality control program does not sufficientlyensure compliance with the construction documentsapproved by the board, the certified inspector or persondesignated by the board shall, by written notification,

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inform the manufacturer that the inspection frequency willbe increased so that each assembly or component affectedby the nonconforming item will be inspected. These inspec-tions shall continue until an inspection determines that themanufacturer’s control of the materials and processes usedis sufficient to ensure that the units are constructed in accor-dance with the approved construction documents.

113.7 Manufacturer responsibility. The manufacturer shallmaintain responsibility over all work completed in the factoryuntil the unit is approved for first occupancy and shall rectifyany deviations from the approved construction documents,which are found either in the field or at the place of manufac-ture. The manufacturer shall submit to the board such periodicreports, notifications and information as required by boardprocedures.

113.7.1 Document submission to building departments.The manufacturer shall ensure that the construction docu-ments approved by the board are presented to the buildingofficial in accordance with Section 106.1.2(1) before plac-ing the industrialized unit on site.

Exception: Industrialized units construction documentspreviously approved by the board and site related con-struction documents are not required to be submitted tothe division of industrial compliance where industrial-ized units are used exclusively as one-, two-, or three-family dwellings.

113.7.2 Change in personnel. Whenever there are changesin company name, ownership, subsidiary status, address orchange in the manufacturer’s management personnel whoare responsible for making policy concerning quality con-trol, the manufacturer shall immediately notify the board, inwriting, and the manufacturing plant(s) affected by thechange will be subject to a plant evaluation inspection.

113.8 Fees. All costs associated with industrialized unitapproval applications, processing, construction documentreview, inspections and insignias shall be in accordance withSections 113.8.1 to 113.8.5.

113.8.1 Applications. Each initial application or revisionsubmittal to the board shall be accompanied by anonrefundable fees, designated by the board to include:application processing fee; one-hour minimum plan reviewfee; and other costs, when incurred, such as mailing andcheck processing.

113.8.2 Evaluation of construction documents. All costs ofapplication processing, evaluation of construction docu-ments or other documentation submitted to the board shallbe paid by the applicant.

113.8.3 Plant evaluation and inspection costs. All costs ofplant evaluations and inspections shall be paid by the man-ufacturer of the unit including travel, food, lodging, andadministrative costs.

113.8.4 Insignias. The fee for insignia for all assembledmodular units manufactured for use in the state of Ohioshall be fifty dollars per unit (any preassembled combina-tion of walls to floor, ceilings, roof, and other such compo-nents).

The fee for insignia for all panelized units manufacturedfor use in the state of Ohio shall be one dollar for eachtwenty square feet of surface area of preassembled individ-ual components (wall, floor, ceiling or roof sections, andother such components) intended to be shipped to the siteand attached to other components at the site of intended use.

113.8.5 Tests. Tests required by the board to be performed todetermine compliance pursuant to Section 113.4.1, shall beconducted at no expense to the board. Costs associated withany required testing or research necessary to provide evi-dence of compliance shall be the responsibility of the appli-cant.

SECTION 114PRODUCTS AND MATERIALS

114.1 Approved materials, products, assemblies and methodsof construction. Materials, products, assemblies and methodsof construction approved by the building official shall be con-structed and installed in accordance with such approval. Mate-rials, devices, products and assemblies listed in directoriesindicated in Table 114.3 are authorized for use when:

1. Approved by the building official;

2. Installed/used in accordance with the listing;

3. The listing is current; and,

4. The extent of the listing does not include in its scope, ele-ments of design, construction or installation otherwise inconflict with the provisions of this code such asfire-resistance, structural design, etc.

114.1.1 Definitions. The following words and terms shall,for the purposes of this section, have the meanings shownherein:

Assembly. A preassembled grouping of materials, prod-ucts and/or devices designed to act as a whole. This doesnot include industrialized units regulated by Section 113.

Insignia. A mark or label prescribed in accordance withboard procedures.

Material. A manufactured form or substance designed toact as a whole.

Method of construction. A procedure or system intendedto result in a finished building, structure or portionthereof.

Product. A material or device designed and manufac-tured to perform a predetermined function. Appliances,assemblies and equipment are also considered products.

114.1.2 Used materials and products. The use of used mate-rials and products which meet the requirements of this codefor new materials and products is permitted. Used productsand materials shall not be reused unless approved by thebuilding official.

114.2 Alternative materials, products, assemblies and meth-ods of construction. The provisions of this code are notintended to prevent the installation of any material or to pro-hibit any material, product, assembly or method of construc-tion not specifically prescribed by this code, provided that any

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such alternative has been approved. An alternative material,product or method of construction shall be approved in accor-dance with either Section 114.2.1 or Section 114.2.2.

Exception: Industrialized units constructed in accordancewith Section 113.1 of this chapter.

114.2.1 Research reports. Any material, product, assemblyor method of construction not specifically provided for in thiscode, shall have a valid research report from an evaluationservice listed in “Appendix P” and shall be deemed to beapproved provided it complies with the conditions listed inthe report and Chapters 3781 and 3791 of the Revised Code.

114.2.2 Board approval. Any material, product, assemblyor method of construction not specifically provided for inthis code may be approved by the board of building stan-dards upon application under the procedures prescribed bythe board.

114.2.2.1 Application. The application for approvalincluding revisions and renewals for existing approvalsshall be submitted in two copies to the secretary of theboard together with the fee required in Section114.2.2.11 of this chapter. The required informationshall be on forms prescribed by the board. Constructiondocuments in conformance with the applicable provi-sions of Section 106 shall be included to adequatelydescribe and show how equivalent compliance isachieved. Only the person holding an approval issued bythe board may apply for a revision or renewal of theapproval.

114.2.2.2 Evaluation. The board, upon receipt and eval-uation of the completed application, shall have theauthority to require such additional information as nec-essary to determine compliance with the requirements ofthis section.

114.2.2.3 Tests. The board shall have the authority torequire tests as evidence of compliance to be made at noexpense to the board. Test methods shall be as specifiedin this code or by other recognized test standards. In theabsence of recognized and accepted test methods, theboard shall approve the testing procedures. Tests shall beperformed by an approved agency. Reports of such testsshall be retained by the board for the period required forretention of public records.

114.2.2.4 Approval process. When the board deems itadvisable to permit the use of an alternative material,product, or method of construction, a public hearingshall be conducted in accordance with Section 119.03 ofthe Revised Code. After such hearing, the board shall setan effective date and issue an approval for its use.

114.2.2.5 Conditions of approval. The approval of thealternative material, product, assembly or method ofconstruction issued by the board constitutes an authori-zation for its use anywhere in Ohio subject to the condi-tions for its use and application as indicated in theapproval. An insignia shall be affixed to each material,product and assembly after it is determined that it is con-structed in accordance with the construction documentsapproved by the board. A certificate shall be issued for

each approved method of construction. The approval foruse is valid for a period of one year after the effectivedate established by the board.

114.2.2.6 Revisions. Any changes to an approved alter-native material, product, assembly or method of con-struction affecting the conditions listed in the approvalshall require approval by the Board.

114.2.2.7 Renewals. In order to retain the approval, theholder shall apply to the board for a renewal on anannual basis.

114.2.2.8 Code changes. When any changes to the rulesof the board are adopted which affect the use, safety orsanitation of any approved alternative material, product,assembly or method of construction, the holder of suchapproval shall apply to the board for a revision of theapproval. Failure to apply for revision of approvalswithin three months of the effective date of such rulechanges shall constitute failure to comply with the condi-tions of the approval.

114.2.2.9 Compliance. After approval, each holder of anapproval is required to maintain acceptable control ofthe materials and processes used in the manufacture ofan approved alternative material, product, assembly ormethod of construction as a condition of the approval.The board or its designee shall have the right to makeinspections at the place of manufacture to observe com-pliance. Each holder of an approval shall maintainresponsibility over all work completed in their manufac-turing facilities until the approved material, product andassembly is installed for initial use and shall rectify anydeviations from the approved construction documentsand other defects found either in the field or at the placeof manufacture. The manufacturer shall submit to theboard such periodic reports, notifications and informa-tion as required by board procedures. The holder of anapproval shall be required to pay all associated expensesincurred by the board or its designee.

114.2.2.10 Revocation of approval. Whenever anapproved alternative material, product, assembly ormethod of construction fails to comply with the condi-tions of the approval and this chapter, the board, upon itsown motion, shall order a hearing in accordance withSection 119.03 of the Revised Code to revoke an existingapproval.

114.2.2.11 Fees. Fees for approved alternative materi-als, products, assemblies and methods of constructionshall be in accordance with Sections 114.2.2.11.1 to114.2.2.11.6.

114.2.2.11.1 New application. An application forapproval shall be accompanied by a nonrefundableprocessing fee of one hundred dollars, and the appli-cant shall bear the cost of the evaluation.

114.2.2.11.2 Code changes. An application to modifyan existing approval due to code changes under Sec-tion 114.2.2.8 shall not require a processing fee; how-ever, the applicant shall bear the cost of theevaluation.

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114.2.2.11.3 Revisions. An application to revise anexisting approval shall require a nonrefundable pro-cessing fee of one hundred dollars and the applicantshall bear the cost of the evaluation.

114.2.2.11.4 Renewals. An application to revise anexisting approval shall require a nonrefundable pro-cessing fee of one hundred dollars. The renewal appli-cation shall be received by the board within thirtydays after the end of each calendar year.

114.2.2.11.5 Tests. Tests required by the board to beperformed to determine compliance pursuant to Sec-tion 114.2.2.3, shall be conducted at no expense to theboard. Costs associated with any required testing orresearch necessary to provide evidence of complianceshall be the responsibility of the applicant.

114.2.2.11.6 Unit fee. The fee for insignias for eachmaterial, product and assembly manufactured for usein the state of Ohio shall be one dollar per unit.

The fee for a certificate for each method of con-struction in the state of Ohio shall be one thousanddollars.

114.3 Materials, products and assembly directories. “Table114.3” lists directories for materials, products and assembliesaccepted for specified performances.

TABLE 114.3

TITLE AGENCY EDITION

Building Materials DirectoryElectrical Appliances and Utilization Equipment DirectoryElectrical Construction Materials DirectoryFire Protection Equipment DirectoryFire Resistance Directory Vols. 1, 2A, 2B, and 3Flammable and Combustible Liquids and Gases

Equipment DirectoryHazardous Location Equipment DirectoryCSA Website - http://directories.csa-international.org/Intertek ETL www.intertek-etlsemko.comApproval Guide www.approvalguide.comFire Resistance Design Manual (GA-600- 18th ed.)

ULULULULUL

ULUL

CSA1,4

Intertek2

FM5

GA3

20092008200820092009

20082008N/AN/AN/A2006

1. Canadian Standards Association or CSA International (formerly AGA).2. Website only – Select “ETL Listed Directory or WH&OPL Mark Directory.”3. Gypsum Association.4. Website only – Select “Gas Appliances.”5. Website only – free registration.

114.4 Approved agencies. When test reports are required to besubmitted to the building official or where materials or assem-blies are required by this code to be marked or labeled, theagency performing the tests, marking or the labeling shall bean approved agency.

114.4.1 Application for approval. Any testing or inspectionagency may apply to the board to become an approvedagency upon accreditation and/or recognition by one of theapproved national evaluation and accreditation serviceslisted in “Appendix P.” Application shall be limited to thosetests or standards listed in each approved agency’s scope ofaccreditation report.

114.4.2 Maintaining accreditation. Each approved agencyshall maintain its accreditation or recognition by anapproved national evaluation and accreditation service.

Approval shall be based upon a current accreditation orevaluation report issued by an approved national evalua-tion and accreditation service and subject to the limitationslisted therein. Approved agencies are listed in “AppendixO”.

114.4.3 Fee. Each application for approval shall be accom-panied by a processing fee of one hundred dollars.

SECTION 115CONSTRUCTION DOCUMENTS

EXAMINATION AND INSPECTION FEES115.1 Payment of fees. Fees for construction documents sub-mitted to and inspections made by certified building depart-ments shall be in accordance with the locally adopted feeschedule.

115.2 Schedule of fees. The fees for examination and process-ing of construction documents when required to be submitted tothe division of industrial compliance, except medical gas pip-ing systems, shall be in accordance with Table 115.2.

Exception: Fees for alteration or change of occupancy asdetermined by the building official shall be based on theactual area affected by the alteration or change of occu-pancy which may extend beyond the limits of construc-tion.

115.2.1 Additional inspections. The division of indus-trial compliance may establish a written policy for themaximum number of inspections required by Sections108.2 and 105.1.5 that may be included in the fees setforth in Table 115.2. Inspections in excess of the maxi-mum number established by the division of industrialcompliance shall be subject to fee of one hundred fiftydollars per inspection.

115.2.2 Resubmissions. The fees set forth in Table 115.2shall include one initial plan review and up to tworesubmission plan reviews to resolve issues resulting fromcorrection letters. The fee for plan review after the secondresubmission shall be of one hundred dollars for each addi-tional resubmission.

115.2.3 Re-stamping. The processing fee for re-stampingadditional sets of construction documents after initial planapproval shall be one hundred dollars.

115.2.4 Amended construction documents. The processingfee for amended construction documents submitted to thedivision of industrial compliance in accordance with Sec-tion 106.3 shall be two hundred fifty dollars. The fee forplans examination of amended construction documentssubmitted to the division of industrial compliance in accor-dance with Section 106.3 shall be one hundred dollars perhour for each submission.

115.2.5 Phased plan approval. The fees for plan examina-tion and processing of a phased plan approval request perSection 105.1.4 shall be in accordance with Table 115.2 andSection 115.2.1 for the initial phase submission of eachscope of work. The processing fee for plan examination ofeach subsequent phase of submission shall be two hundredfifty dollars.

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TABLE 115.2

SCOPE OF WORKPROCESSING

FEE

FEE FOR PLANSEXAMINATION AND A

MINIMUM OF FIVEINSPECTIONS

(1) Structural $250.00$9.50/100 sq. ft. grossarea of each floor level

(2) Mechanical $250.00$5.75/100 sq. ft. grossarea of each floor level

(3) Electrical $250.00$5.75/100 sq. ft. grossarea of each floor level

(4) Fire alarm systems $250.00 $5.75 per device

(5) Automatic sprinkler andother firer suppressionsystems (all suppressed areas)

$250.00$5.75/100 sq. ft. grossarea of each floor level

(6) Industrial unit $200.00$1.75/100 sq. ft. grossarea of each floor level

115.3 Medical gas piping systems. The fees for examinationand processing of construction documents for medical gas pip-ing systems when required to be submitted to the division ofindustrial compliance shall be in accordance with Table 115.3.

115.3.1 Additional inspections. The division of industrialcompliance may establish a written policy for the maximumnumber of inspections required by Sections 104.4 and 105.1that may be included in the fees set forth in Table 115.3 formedical gas piping systems. Inspections in excess of themaximum number established by the division of industrialcompliance shall be subject to a fee of one hundred fifty dol-lars per inspection.

TABLE 115.3

MEDICAL GAS PIPING SYSTEM PROCESSING,PLANS EXAMINATION, AND INSPECTIONS

FEE (INCLUDES AMINIMUM OF TWO

INSPECTIONS)

Processing $250.00

Plans Examination $250.00

Per room (with outlets) and equipment rooms $10.00

Per zone valve assembly $25.00

Per system $25.00

Per “tie-in” $25.00

115.4 Preliminary review. The fee for preliminary construc-tion document examination for the purpose of determiningcompliance with the provisions of the rules of the board by thedivision of industrial compliance shall be one hundred thirtydollars per hour.

115.5 Inspection fees. The fee for each inspection, other thanthose required by Section 108.2 and 105.1.5 shall be two hun-dred twenty-five dollars per inspection. Requests for all inspec-tions shall be in writing to the division of industrial complianceand the fee shall be paid prior to the inspection.

Fees for an application pursuant to Section 105.1.5 shallinclude a processing fee of one hundred fifty dollars. The fee forperiodic inspections conducted by the division of industrialcompliance shall include the hourly inspection rate andexpenses such as food, lodging, and administrative costs. Allsuch fees shall be paid by the holder of an annual approval.

115.6 Reinspection fee. The fee for each reinspection shall beone hundred fifty dollars. A reinspection shall be required

when the inspector must return to inspect work that was notready or had failed a previous inspection.

115.7 Related fees. In addition to the fees required by Sections115.2, 115.3 and 115.4, the superintendent of the division ofindustrial compliance shall collect a fee, on behalf of the boardof building standards, of three dollars and twenty-five cents foreach application for acceptance and approval of constructiondocuments and for making inspections.

The fee shall be deposited by the division of industrial com-pliance, pursuant to Section 121.084 of the Revised Code, tothe credit of the board. The superintendent of the division shallreport on the amount of the fees collected and deposited to thecredit of the board not later than forty-five days following theend of the first full month’s collection and then monthly after-ward.

115.8 Late fee. Any person who fails to pay an inspection feerequired for any inspection conducted by the department ofcommerce pursuant to Chapters 3781. and 3791. of the RevisedCode, except for fees charged for the examination and process-ing of construction documents, within forty-five days after theinspection is conducted shall pay a late payment fee equal totwenty-five per cent of the inspection fee.

115.9 Certificate of occupancy. The fee for each certificate ofoccupancy issued in accordance with Section 111 shall besixty-five dollars.

115.10 Annual approval for alterations. The fee for eachannual approval for an individual applicant issued in accor-dance with Section 105.1.5 shall be six hundred fifty dollars.

115.11 Welding and brazing procedure specification review.The fee for the review of each piping welding and brazing spec-ification submitted in accordance with Section 313.5 of themechanical code and Section 315.5 of the plumbing code shallbe sixty dollars.

115.12 Welding and brazing procedure qualification recordreview. The fee for the review of each procedure qualificationrecord submitted in accordance with Section 313.5 of themechanical code and Section 315.5 of the plumbing code shallbe fifteen dollars.

115.13 Welding and brazing performance qualificationreview. The fee for the review of each performance qualifica-tion submitted in accordance with Section 313.5 of the mechan-ical code and Section 315.5 of the plumbing code shall befifteen dollars.

SECTION 116BOARD COMMITTEES

116.1 Board Committees and duties. The Board shall havethree standing committees

1. Code Committee. The Code Committee provides generaloversight of the Board’s rule promulgation and codedevelopment activities. The committee reviews proposedrule changes, petitions for code changes,

2. Education Committee. The Education Committee pro-vides general oversight to the Board’s continuing educa-tion program. The Committee reviews continuing

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education course applications submitted for approvalpursuant to Section 103.3.9 and shall make recommen-dations to the Board for action on the applications.

3. Certification Committee. The Certification Committeeprovides general oversight to the Board’s personnel andbuilding department certification program. The Com-mittee reviews personnel and building department certif-ication applications submitted for approval pursuant toSection 103 and shall make recommendations to theBoard for action on the applications.

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