Current through all regulations passed and filed through December 16, 2024
Municipalities, townships, and counties may seek certification
by the board of building standards as described in division (E) of section
3781.10
of the Revised Code to exercise enforcement authority, to accept and approve
construction documents, and to make inspections.
(A) Certification types. A political
subdivision may seek to enforce the rules of the board by requesting either a
certification as a building department or a sub-building department as required
in paragraph (A)(1) or (A)(2) of this rule. References in this rule to
"department" or "building department", unless specified, shall mean "certified
building department" or "certified sub-building department."
(1) Certification as a building department.
Municipalities, townships, and counties shall enforce the rules of the board in
conformity with the law and as described in paragraphs (A)(1)(a) and (A)(1)(b)
of this rule.
(a) Municipalities.
Municipalities, in submitting the application described in paragraph (C) of
this rule, must specify whether the department is to be certified to enforce
the rules of the board for plumbing and will employ a plumbing inspector,
certified as required in rule 4101:7-3-01 of the Administrative Code. If a department is not to be certified for plumbing, the enforcement shall be done by the local board of health or the division of industrial compliance plumbing section in the department of commerce.
Municipalities, in submitting the application described in
paragraph (C) of this rule, must also specify whether the department is to be
certified to enforce medical gas piping system provisions and will employ a
medical gas piping inspector, certified as required in paragraph (E)(12) of
rule 4101:7-3-01 of the Administrative Code. If the department is not to be certified to enforce medical gas piping system provisions, then the enforcement shall be done by the local board of health or the division of industrial compliance in the department of commerce.
Municipalities may, at any time, make application to the board
of building standards to be approved to have the building department
certification modified or to include, or exclude, plumbing and medical gas
piping system enforcement duties in accordance with paragraph (H) of this
rule.
(b) Counties and
townships. Counties and townships, in submitting the application described in
paragraph (C) of this rule for certification of a building department, are not
certified to enforce plumbing provisions or employ plumbing inspectors required
in paragraph (B)(2) of this rule. As permitted in section
3703.01
of the Revised Code, county building departments may enforce plumbing
provisions if the county board of health has entered into an agreement with the
board of county commissioners to provide plumbing code enforcement and employs
a plumbing inspector, certified as required in division (D) of section
3703.01
of the Revised Code. The county shall specify on its application whether the
county department will enforce the rules of the board for plumbing and will
employ a properly certified plumbing inspector. If, after certification, a
county building department assumes plumbing code enforcement as required in
section
3703.01
of the Revised Code, it shall notify the board.
Counties and townships, in submitting the application described
in paragraph (C) of this rule, must also specify whether the jurisdiction
desires the department to be certified to enforce medical gas piping system
provisions and will employ a medical gas piping inspector, certified as
required in paragraph (E)(12) of rule 4101:7-3-01 of the Administrative Code. If the county or township chooses not have its department certified to enforce medical gas piping system provisions, then the enforcement shall be done by the local board of health or the division of industrial compliance in the department of commerce.
Counties and townships may, at any time, make application to
the board of building standards to be approved to have the building department
certification modified or to include, or exclude, medical gas piping system
enforcement duties in accordance with paragraph (H) of this rule.
(2) Certification as a
sub-building department. Municipalities, townships, and counties may be
certified by the board of building standards to enforce the rules of the board
as a sub-building department in conformity with the law and as described in
paragraphs (A)(2)(a) and (A)(2)(b) of this rule. A sub-building department has
enforcement exercised on their behalf by another certified political
subdivision that will perform all enforcement, reporting, and administrative
duties.
(a) Municipalities. Municipalities, in
submitting the application described in paragraph (C) of this rule, must
specify whether the department is to be certified as a sub-building department
and shall indicate which certified building department of another political
subdivision will enforce the rules of the board in the municipality. The
application must also specify how the public in a municipality with a building
department certified sub-building department will be provided information on
how construction documents will be accepted, reviewed, and approved, and how
inspections will be requested and made.
Municipalities may, at any time, make application to the board
of building standards to be approved to have the building department
certification modified to change its certification from a sub-building
department to a certified building department, or vice versa, in accordance
with paragraph (H)(1) of this rule.
(b) Counties and townships. Counties and
townships, in submitting the application described in paragraph (C) of this
rule, must specify whether the department is to be certified as a sub-building
department and shall indicate which certified building department of another
political subdivision will enforce the rules of the board in the county or
township. The county or township must also specify how the public in the county
or township with a building department certified as a sub-building department
will be provided information on how construction documents will be accepted and
approved, and how inspections will be requested and made.
Counties and townships may, at any time, make application to
the board of building standards to be approved to have the building department
certification modified to change its certification from a sub-building
department and to a certified building department, or vice versa, in accordance
with paragraph (H)(1) of this rule.
(B) Building department certification
requirements. To qualify for residential or non-residential building department
certification, a municipal, township, or county shall comply with the
following:
(1) Conformity with law. The
residential or non-residential building department shall submit an application
and shall have been created in conformity with the law, shall have adopted
ordinances or resolutions, and shall have entered into any agreements or
contracts necessary to comply with the rules of the board and paragraph (C) of
this rule;
(2) Required personnel.
All personnel of municipal, township, or county residential or non-residential
building departments, and persons and employees of persons, firms, or
corporations whose responsibilities include the exercise of enforcement
authority shall be certified by the board of building standards pursuant to
rule 4101:7-3-01 of the Administrative Code prior to performing such duties. A certified residential or non-residential building department or sub-building department shall have the respective personnel qualified to execute the duties required for the exercise of enforcement authority, the review and approval of construction documents, and the performance of inspections under the rules of the board:
(a) Non-residential building
department personnel.
(ii)
Master
plans examiner.
(iii) Building
inspector.
(iv) Plumbing inspector.
If the department is certified to enforce plumbing provisions, then the
department shall have in its employ or under contract at least one person
holding the plumbing inspector certification as required in paragraph (E)(16)
of rule 4101:7-3-01 of the Administrative Code.
(v)
Medical gas piping inspector. If the department is certified to enforce medical
gas provisions, then the department shall have in its employ or under contract
at least one person holding the medical gas inspector certification as required
in paragraph (E)(20) of rule 4101:7-3-01 of the Administrative Code.
(vi)
Electrical safety inspector.
(vii)
Backup personnel. The department shall have in its employ or under contract
alternate personnel meeting the requirements of rule 4101:7-3-01 of the Administrative Code, to serve in the event of a conflict of interest or the unavailability of the building official, master plans examiner, elective plans examiners, or inspectors. All backup personnel shall be clearly identified and disclosed on the yearly operational report. For those backup personnel under contract, copies of the respective contracts shall also be submitted.
(b)
Residential building department personnel.
(i) Residential building official.
(ii) Residential plans examiner.
(iii) Residential building
inspector.
(iv) Plumbing inspector.
If the residential department is certified to enforce plumbing provisions, then
the residential department shall have in its employ or under contract at least
one person holding the plumbing inspector certification as required in
paragraph (E)(16) of rule 4101:7-3-01 of the Administrative Code.
(v)
Electrical safety inspector.
(vi)
Backup personnel. The residential department shall have in its employ or under
contract, alternate personnel meeting the requirements of this rule, to serve
in the event of a conflict of interest or the unavailability of the residential
building official, residential plans examiner or residential
inspectors.
(3) Elective personnel. The department may
elect to have the following personnel certified by the board of building
standards pursuant to rule 4101:7-3-01 of the Administrative Code prior to performing such duties:
(a) Non-residential building department
elective personnel.
(i) Building plans
examiner.
(ii) Mechanical plans
examiner.
(iii) Electrical plans
examiner.
(iv) Plumbing plans
examiner.
(v) Fire protection plans
examiner.
(vi) Fire protection
inspector.
(vii) Mechanical
inspector.
(b)
Residential building department elective personnel.
(i) Electrical plans examiner.
(ii) Residential mechanical
inspector.
(iii) Plumbing plans
examiner.
(4)
Replacement personnel. When required personnel, both primary and backup, leave
the employ of the residential or non-residential building department, permanent
replacement personnel shall be designated in accordance with the rules of the
board within one-hundred-twenty days.
(5) Contract employees. A municipal
corporation, township, or county may contract with a certified residential or
non-residential building department, health district, or with persons, firms,
or corporations under contract to furnish services, and meeting the
requirements of rule 4101:7-3-01 of the Administrative Code, to exercise the respective residential or non-residential building code enforcement authority, administer the board's
rules, approve plans and specifications and perform inspections on behalf of
such municipal corporation, township, or county, providing such authority is
exercised pursuant to such contract and upon application to and approval by the
board of building standards. All contract employees shall be clearly identified
and disclosed on the yearly operational report and copies of the respective
contracts shall also be submitted;
(6) Building department office. The certified
residential or non-residential building department shall have an office
conveniently located within the area it serves. The office shall be open and
staffed to serve the public need and office hours shall be conspicuously
posted. If the department contracts for its enforcement services, or is
certified as a sub-building department, information shall be provided to the
public explaining how building department services shall be provided;
(7) Availability of inspectors. The
residential or non-residential building department shall be staffed so that all
inspectors are available, during normal business hours, for requested
inspections as required in section 108.1 of rules 4101:8-1-01 and 4101:1-1-01 of the Administrative Code, respectively. The department may offer inspections at other times at the request of the owner or owner's representative;
and
(8) Building department
certificate to be posted. The certificate issued by the board of building
standards to a municipal, township, or county building department shall be
posted in a conspicuous place within the jurisdiction.
(C) Building department certification
application. Application for certification of a municipal, township, or county
residential or non-residential building department, or application for
modification of an existing certification, shall be made on a form prescribed
by the board of building standards and shall set forth:
(1) A copy of the law creating such a
department.
(2) A copy of a
resolution requesting certification of the building department to enforce the
rules of the board.
(3) The
proposed budget for the operation of such department.
(4) A chart showing the organization of the
building department within the governmental body.
(5) Data reflecting the population and the
size of the area to be served.
(6)
The number of and board certifications held by staff to be employed by the
building department.
(7) The names,
addresses, and board certifications of persons, firms or corporations
contracting to furnish work or services when such persons, firms, or
corporations are under contract to furnish architectural, engineering, or
inspection services to the municipal corporation, township, or county, and such
authority is exercised pursuant to such contract.
(8) The names of other municipal
corporations, townships, counties, or health districts contracting to furnish
work or services when such other municipal corporation, township, county, or
health district is under contract to furnish architectural or engineering
services to the municipal corporation, township, or county, and such authority
is exercised pursuant to such contract and when officers or employees of any
other municipal corporation, township, county, or health district under
contract to furnish inspection services to the municipal corporation, township,
or county, when such authority is exercised pursuant to such
contract.
(9) A copy of the
ordinance or resolution authorizing a residential or non-residential building
department to enter into a contract with other municipalities, townships,
counties, health districts, persons, firms or corporations to do their plan
approval and inspections.
(10) A
copy of the contract between the residential or non-residential building
department and other municipalities, townships, counties, health districts,
persons, firms, or corporations to do their plan approval or
inspections.
(11) The department
within the municipality, township, or county which will be responsible for
plumbing inspection, if not within the building department.
(12) The applicant may attach any other
charts, maps, statistical data or other information which it determines may be
beneficial to the board in considering the applications for
certification.
(13) A procedure for
plan approval and for performing inspections, a copy of the plan review
application, and a copy of the department's approval stamp.
(14) Signature of an authorized
representative of the board of township trustees in townships, the board of
county commissioners in counties, or the appropriate officials in
municipalities.
The original of the documents, papers and charts required in
paragraphs (C)(1) to (C)(14) of this rule shall be filed with the board at
least two weeks prior to a certification hearing.
The board may allow amendments to applications prior to formal
action. Requests for amendments to applications shall be made in writing and
conform to all the other provisions of this rule.
(D) Building department certification,
certification hearing. Upon receipt of an application, the board of building
standard's certification committee shall review the application and make a
recommendation to the board of building standards. The committee may ask for
additional information to be submitted by the applicant prior to making a
recommendation to the board. If the committee requests additional information
from the applicant, failure to submit the requested information within ninety
days from the date of the request may be cause for disapproval of the
application by the board. After receiving a recommendation from the committee,
a certification hearing on the application shall be conducted by the board of
building standards. An authorized representative of the municipality, township,
or county seeking certification present at the certification hearing may give
testimony or respond to any questions from the board. The board shall give all
interested persons appearing at such certification hearing an opportunity to be
heard and explain their positions. A record of the proceeding shall be made by
the board.
(1) Building department
certification, approval or denial. Following the certification hearing, the
board shall act on the application for certification.
Approval by the board of building standards of an application
for certification shall set forth the group classifications and subject matters
for which the municipal, township, or county building department under
consideration is to be certified. After such approval, the appropriate official
in municipalities, the board of township trustees in townships, or the board of
county commissioners in counties requesting certification, shall be furnished a
certificate of approval which shall state the conditions and limitations, if
any, under which it has been issued.
If the application is denied in whole, or in part, by the board
of building standards, the appropriate official in municipalities, the board of
township trustees in townships, or the board of county commissioners in
counties requesting certification shall be notified in writing of such denial
and the reason therefore and to their rights of appeal pursuant to sections
3781.10
and
3781.101
and Chapter 119. of the Revised Code.
(E) Building department certification, board
to maintain list. The board of building standards shall maintain a current list
of all certified nonresidential and residential building departments, their
contact information and, if applicable, their contractual relationships with
other persons, departments, firms, or corporations that enforce the rules of
the board on behalf of the certified building department.
The list of certified building departments shall be made
available upon request and shall be posted on the board's website at
http://www.com.ohio.gov/dico/BBS.aspx.
(F) Building department certification,
reports, and assessment. Certified building departments shall submit the
following reports and information to the board of building standards:
(1) Yearly operational report. A yearly
operational report for the previous year, within ninety calendar days after the
end of each calendar year;
(2)
Changes in personnel. Written notification of changes in personnel of the
residential or non-residential building department who enforce the rules of the
board, within thirty calendar days after such personnel have been
appointed;
(3) Board requests or
queries. Replies to any special requests or queries made by the board of
building standards, within thirty calendar days of receipt;
(4) Revised contracts or agreements. Copies
of revised contracts or agreements, within thirty calendar days after the
residential or non-residential department creates or changes a contractual
relationship with another department or firm.
(5) Board assessment. Each political
subdivision that prescribes fees pursuant to division (E) of section
3781.102
of the Revised Code shall also collect on behalf of the board of building
standards an assessment equal to three per cent of those fees imposed for
non-residential or one per cent of those fees imposed for residential
approvals, the acceptance and approval of plans and specifications, and for
performing inspections.
Assessment report. The political subdivision shall
report on the prescribed form and remit monthly by check
or other acceptable method of payment, the amount
of the assessments collected on behalf of the board not later than sixty days
following the end of each month in which the assessments are collected. In the
case of building departments that are certified as sub-departments, pursuant to
paragraph (A)(2) of this rule, the building department exercising enforcement authority shall
report and remit to the board for all certified sub-building departments.
Remittance in the form of checks shall be made payable to the "Treasurer, State
of Ohio."
(G)
Building department certification, revocation or suspension. In accordance with
division (E) of section
3781.10
of the Revised Code, a department certification may be revoked or suspended
and, for a non-residential department with respect to any and all of the group
classifications for which it is certified, upon receipt by the board of
building standards of a written complaint from any person affected by the
exercise of the authority granted under such certification, or by the board on
its own motion.
(1) Complaint process. Upon
receipt of a written complaint against a certified building department that is
substantiated by demonstrable evidence or upon the board's own motion:
(a) The board shall decide whether the
information submitted warrants causing a formal investigation to be initiated
or sending a notice of opportunity for hearing as outlined in paragraph
(G)(1)(d) of this rule;
(b) If a
formal investigation is warranted, the certified jurisdiction shall be notified
that an investigation has been initiated by the board;
(c) Upon completion of the investigation,
findings shall be reported to the board.
(d) The board may dismiss the complaint,
table the matter for future action, or initiate action to suspend or revoke the
certification. If the board issues an order to suspend or revoke the
certification it shall:
(i) Notify the
certified jurisdiction of the charges by certified mail, return receipt
requested. The certified jurisdiction shall be informed that a hearing, if
desired, must be requested within thirty days from the date of the mailing to
request a hearing before the board. The order shall inform the certified
jurisdiction that it may be represented by counsel at the hearing. Failure by
the certified jurisdiction to request a hearing within thirty days from the
date of the mailing of the notification may cause the board, after a hearing,
to uphold the order revoking or suspending certification;
(ii) Schedule a hearing to be held seven to
fifteen days after receipt of the request. The board may continue or postpone
the hearing upon application by the party or upon its own motion;
(iii) The board may appoint a hearing officer
to conduct a hearing.
(iv) A
hearing will be conducted during which parties and witnesses can be examined
and offer testimony, in a manner that prevents unnecessary delay, and that
ensures the development of a clear and adequate record. The hearing shall be
conducted pursuant to the provisions of sections
3781.10,
3781.101,
and
119.09 of
the Revised Code;
(v) If a hearing
officer has been appointed, then within thirty days after the hearing, the
hearing officer shall submit a written report of the findings of fact and
recommendations to the board for its consideration.
(e) Following the hearing, the party affected
shall be sent a certified copy of the board's action and informed by certified
mail, return receipt requested, that the jurisdiction may appeal the order
within fifteen days to the court of common pleas in Franklin county pursuant to
sections
3781.10,
3781.101,
and
119.12
of the Revised Code.
(2)
Building department certification, hearings and appeals. Hearings shall be held
by the board of building standards and appeals shall be permitted on any
proceedings for certification as provided in section
119.07
of the Revised Code and in paragraphs (G)(1)(a) to (G)(1)(e) of this
rule.
(3) Revocation or suspension.
In the event of suspension or revocation of a residential or non-residential
building department certification, the jurisdiction shall, within fifteen days
of being notified of such suspension or revocation, surrender to the secretary
of the board of building standards the certificate previously issued under
paragraph (D)(1)(a) of this rule. The department, upon suspension or
revocation, shall no longer hold out to the public that it is authorized to
issue certificates of plan approval for the construction, repair, alteration of
buildings or classes of buildings specified in section
3781.06
of the Revised Code or for performing inspections for which it has been
suspended or certification revoked.
Outstanding plans review, approvals, inspections, or orders. In
the event of the suspension or revocation of a non-residential building
department certification, the enforcement duties shall be transferred to the
division of industrial compliance or to the certified building department as
approved by the board.
(4)
Probationary status. In the event of an investigation in which the board
decides not to immediately suspend or revoke a residential or non-residential
building department's certification, as outlined in paragraph (G) of this rule,
the board may place the department on probationary status for a period of time
and require remedial action as the board deems appropriate. During this time
the department shall comply with the training, reporting, auditing, or other
remedial action required by the board. The board is authorized to revoke or
suspend the department's certification for failure to comply with such remedial
requirements pursuant to paragraph (G) of this rule.
(H) Special building department requirements.
(1) Changes in jurisdictional authority. The
department shall submit an application to have its existing building department
certification modified. The application shall also include a transition plan
identifying all outstanding projects that have received a certificate of plans
approval but have yet to be issued a certificate of occupancy or certificate of
completion. The transition plan shall indicate how and by whom code enforcement
duties for those projects will be continued and completed and how paid and
pending fees will be assessed and/or shared to prevent duplicative fees and/or
enforcement duties.
(2) Surrender
of department certification. The political subdivision shall submit a written
notification to the board declaring its intention to surrender its existing
building department certification. The notification shall also include a
transition plan identifying all outstanding projects that have received a
certificate of plans approval but have yet to be issued a certificate of
occupancy or certificate of completion. The transition plan shall indicate how
and by whom code enforcement duties for those projects will be continued and
completed and how paid and pending fees will be assessed and/or shared to
prevent duplicative fees and/or enforcement duties. All documents, reports, and
project files will be transferred to the jurisdiction that will assume
enforcement authority.
Township certification when a county is or becomes certified. A
township may not submit an application pursuant to this rule to exercise
enforcement authority, to accept and approve construction documents, and to
make inspections that is located in a county that is already certified. If a
township is certified and the county subsequently is certified by the board,
the township's certification is preempted by the county one year after the
county certification is effective or at an earlier date as the board of
township trustees approves.
Townships and counties certified by the board as of the
effective date of this rule are not affected by this section.
(3) Structures with shared jurisdictional
authority. When a department receives an application for plan approval for a
structure or portion of a structure which, when built, would involve shared
jurisdictional authority, the building official shall immediately notify the
owner that the structure involves shared jurisdictional authority and the
process, determined below, that will be used in approvals and inspections for
the project and shall:
(a) Determine which
other political subdivision(s) has jurisdiction for a portion of the
structure;
(b) Determine the name
and contact information for the building official for any other political
subdivision(s) which has jurisdiction for a portion of the structure;
(c) Determine, with the advice of legal
counsel, and after discussion with the building official(s) of the other
political subdivision(s) identified above, how and by whom code enforcement
duties for the project shall be completed;
(d) Determine how, when, and which
enforcement records shall be provided to the various parties;
(e) Determine how paid and pending fees will
be assessed and/or shared to prevent duplicative fees and/or enforcement
duties; and
(f) Establish by whom,
when, and to whom the certificate of occupancy or certificate of completion
shall be issued and distributed.