Current through all regulations passed and filed through September 16, 2024
(A) Required specifications. All retail
dealers shall adhere to OOD's vehicle modification manual. OOD shall retain the
right to refuse payment for any work that is poorly designed, fabricated,
installed or fit, or that does not comply with the vehicle modification
specifications. Failure of the retail dealer to comply with this chapter and
OOD's vehicle modification manual may result in any or all of the following:
revocation of quotation, delayed payment until correction is made, refusal to
accept delivery of modifications, suspension from awards, removal as an OOD
approved retail dealer, or other actions deemed necessary to protect the
individual, the state of Ohio, OOD, and the taxpayer.
(B) Requirements for retail dealers. OOD
shall purchase services and equipment only from retail dealers that meet all of
the following conditions:
(1) Maintain valid
up-to-date accreditation with the national mobility equipment dealers
association's (NMEDA) quality assurance program (QAP) and shall provide written
proof of same to OOD on an annual basis and as otherwise requested by OOD;
written documentation shall include the designated type(s) of accreditation
(i.e., mobility equipment installer, structural, and high tech) and the
effective dates of accreditation.
(a) Being
accredited as NMEDA QAP, the retail dealer is required to install modifications
per the NMEDA guidelines and all applicable federal motor vehicle safety
standards (FMVSS) referenced therein.
(b) Should the NMEDA QAP program or any of
its parts be shown to be in violation of state of Ohio or federal laws and
regulations or found to be likely to cause harm to individuals served by OOD if
followed, OOD reserves the right to discontinue the use of the NMEDA QAP
accreditation program and adopt or create an equivalent program.
(2) Register with national highway
traffic safety administration (NHTSA) in accordance with federal regulations as
contained in
49 C.F.R.
595.6.
(3) Operate a permanent business location in
the state of Ohio, except when the in state purchasing preference does not meet
the individual's rehabilitation needs or informed choice
requirements.
(4) Maintain, at that
location, all of the facilities necessary to install, maintain, repair, and
replace those components/assemblies included in any quotation the retail dealer
submits to OOD and perform said work at that location, except as noted in
paragraph (C) of this rule.
(5)
Maintain, at that location, accessible facilities, including restrooms,
pursuant to the Americans with Disabilities Act of 1990 (Public
Law 101-336) requirements.
(6) Be recognized by the aftermarket
manufacturer(s) as an approved installer of the devices and mechanisms
identified in rule
3304-6-02 of the Administrative
Code.
(7) Hire and retain
employee(s) who are trained by the manufacturer of the equipment and who are
certified to install, service, and repair the equipment.
(8) Maintain a current list of those
certified employees and provide a copy of this list to OOD on
request.
(C)
Subcontracting. A retail dealer may subcontract only non-adaptive work, except
for work subcontracted to a manufacturer, but shall retain fitting, warranty,
and repair responsibility for all subcontracted work. Non-adaptive refers to
those items other than specialized equipment provided for the sole purpose of
enabling a person with a disability to drive or be transported in a vehicle.
Subcontractors shall meet requirements of paragraph (B)(3) of this
rule.
(D) Warranties. Retail
dealers shall use only new products and new parts that are protected against
defects by manufacturers' written warranties of a minimum of one year except
for those items transferred in accordance with rule
3304-6-02 of the Administrative
Code. Retail dealers shall warrant in writing their own installation work for
at least two years from the date of delivery of the vehicle to the individual.
The individual shall comply with all warranty requirements for the warranty to
remain in effect.
(E) Liability
insurance. Each retail dealer shall maintain "product/completed operations"
liability insurance that holds OOD, its agents, employees, and consultants
harmless from any claim for damages resulting from the retail dealer's work or
the work/products of his/her suppliers, and provides minimum coverage of one
million dollars. Each retail dealer shall also maintain "garage-keeper's"
liability insurance and "premises" liability insurance. Prior to submitting a
quotation, the retail dealer shall include a written certification of insurance
from the insurance company specifying the dates and limits of coverage and
including a provision for notification of cancellation within thirty days to
OOD. The retail dealer shall provide an updated certificate at the time of the
policy renewal.
(F) Information
provided by retail dealer. At the completion of the authorized work, the retail
dealer shall issue to the individual an original copy of the installation,
operations, maintenance instructions, and warranty cards for all equipment
installed in the vehicle. The retail dealer shall provide a full demonstration
to the individual of all adapted equipment and on completion of each job
provide:
(1) A signed statement to OOD
certifying that all work complies with rules
3304-6-01 to
3304-6-03 of the Administrative
Code and OOD's vehicle modification manual;
(2) Permanently affixed labels adjacent to
the original certification label or the alterer certification label:
(a) NMEDA QAP label in accordance with NMEDA
QAP accreditation requirements, unless use of the NMEDA QAP has been
discontinued by OOD, and
(b) Label
required by NHTSA in compliance with
49
C.F.R. 595.7.
(3) A list of modifications including all
modifications made to the vehicle and all additional equipment installed. This
list shall be provided to the individual. This list shall contain the NMEDA QAP
label identification number unless use of the NMEDA QAP has been discontinued
by OOD.
(4) A list of FMVSS, or
portions thereof, subject to the make inoperative prohibition exemption
provided in federal regulations at 49 C.F.R. 595 with which the vehicle may no
longer be in compliance.
(5) A
statement based on the vehicle's gross vehicle weight rating, in compliance
with 49 C.F.R. 595, indicating any reduction in the load carrying capacity of
the vehicle of more than two hundred twenty pounds after the modifications are
complete. The retail dealer shall state whether the weight of the user's
wheelchair is included in the available load capacity.
(6) A complete wiring diagram that identifies
all added or modified components and subassemblies by name and by wire color
and gauge. The wiring diagram shall be given to the individual. If the wiring
is custom a wiring diagram must be supplied with the modification.
(7) For all major equipment additions and
modifications, any operating and maintenance information available from
manufacturers shall be provided to the individual.
(8) A list of unused parts shall include all
items removed from the vehicle. The list and the unused parts will be returned
to the individual. The individual shall sign the list, entering a note that the
signature either acknowledges receipt of the items or releases them for the
retail dealer's disposal.
(G) Confidentiality. Any information the
retail dealer obtains about an individual served by OOD as a result of
submitting quotations and/or providing modifications to the individual's
vehicle, including the identity of the individual, shall be confidential. The
retail dealer shall not reveal any such information without the individual's
written consent. Failure to maintain confidentiality shall result in retail
dealer noncompliance subject to the provisions in paragraph (A) of this
rule.
(H) Related costs. OOD may
require that the retail dealer include the following items in its
quotation/price submission:
(1) Pickup and
delivery of the vehicle from and to the individual.
(2) Transportation of the vehicle for the
purpose of service, maintenance, and follow-up adjustments during the warranty
period.
(3) Projected completion
time. OOD reserves the right to provide a mandatory completion time and to
impose a daily monetary penalty for exceeding this completion time.
(I) Manufacturer requirements.
Retail dealers shall install only products which conform to the following,
except for those items transferred in accordance with rule
3304-6-02 of the Administrative
Code:
(1) Only products for which the
manufacturer carries liability insurance coverage that provides a minimum of
one million dollars for each claim, with a minimum aggregate for a one-year
policy period of two million dollars. Obtaining proof of such coverage shall be
the responsibility of the retail dealer and shall be provided to OOD on
request. Any quotation containing products which do not meet this provision
shall be rejected.
(2) Any product
that is a powered mechanism or contains a powered mechanism shall permanently
bear, via engraving or fixed plate, a model number, a serial number, and the
name and address of the manufacturer. The engraving or fixed plate shall remain
visible after installation. All OEM powered mechanisms (such as a power
steering pump or a brake vacuum booster) that have been modified as part of the
vehicle modification shall contain such an engraving or fixed plate.
(J) Request for quotations and
awards. Request for quotations shall be required for all vehicle modifications
except those involving only items defined to be relatively minor as stated in
paragraph (D)(3) of rule
3304-6-02 of the Administrative
Code.
(1) Requests for quotation. Requests
for quotations shall only be sent to the three qualified retail dealers chosen
by the individual from among the current NMEDA QAP retail dealers approved by
OOD which are qualified to perform the specific modifications required by the
individual's prescription. If fewer than three retail dealers are approved by
OOD to perform the CDRS or DRS modification, then all retail dealers shall be
sent the request for quotation. No other quotations shall be solicited or
accepted. To comply with individual informed choice requirements, retail dealer
quotations shall be evaluated based on the primary factor of lowest price, but
also secondary factors of shortest distance from the individual's residence,
and fastest projected completion time. OOD shall authorize a modification only
to a qualified retail dealer that meets these factors. In the event of a tie
based on OOD's scoring criteria, the individual may choose from the lowest
price quotations.
(2) Relatively
minor modifications. For modifications involving only those items defined as
"relatively minor" in paragraph (D)(3) of rule
3304-6-02 of the Administrative
Code, the retail dealer (i.e., vehicle modification shop) that will perform the
modification shall be chosen by the individual from the current list of OOD
approved retail dealers. No other retail dealers shall be asked to submit
prices or be used to provide vehicle modifications.
