Current through all regulations passed and filed through December 16, 2024
Pursuant to section
3781.105
of the Revised Code, this rule prescribes the requirements for the board
certification of fire protection system designers.
(A) Types of designers. An individual may
apply for and obtain certification for any or all of the following types of
fire protection system designer certifications defined in rule 4101:7-1-02 of the Administrative Code:
(1) Water-based fire
protection system designer (formerly automatic sprinkler system
designer).
(2) Fire alarm system
designer.
(3) Special hazards
suppression system designer.
(B) Certification application. To apply for
board certification as a fire protection system designer, each applicant shall
submit the following to the board office:
(1)
The completed board-prescribed application form. One application form may be
used per applicant to request multiple certification types. However, each
individual applicant requesting a certification or multiple certification(s)
must submit a separate application to the board.
(2) Evidence of holding a current "Level III"
or "Level IV" certification from the "National Institute for Certification in
Engineering Technologies (NICET)" for each of the fire protection system
designer certification type(s) for which an applicant seeks board
certification.
(3) A non-refundable
application fee of one-hundred dollars for each designer certification type
requested.
(C) Review of
application. Upon receipt of the required documentation from the applicant,
board staff shall review and verify the applicant's qualifications for
certification as a fire protection system designer and provide a recommendation
to the board.
(1) Board approval. If the
applicant has met the qualifications for certification, a fire protection
system designer certification number for each applicant shall be assigned and a
certification identification card shall be issued by the board. The card shall
list all of the fire protection system designer certification types held and
the expiration date of each certification. The certification shall expire one
year from the date of approval.
(2) Denial
of certification. If the applicant has not met the qualifications for
certification, the board may deny the requested certification. If an applicant
is denied certification, the applicant shall be notified in writing of such
denial and the reason therefore and to their rights of appeal pursuant to
Chapter 119. of the Revised Code.
(D) Renewal of certification. It shall be the
responsibility of the certification holder to notify
the board of a change of primary mailing address when it changes and to
renew their certification annually. To renew a fire protection system designer
certification, a certification holder shall submit the following to the board
office prior to the expiration date of the current certification:
(1) The completed board-prescribed renewal
application form. Forms shall, in addition to other data, require the
applicant's current business address and telephone number.
(2) Evidence of holding a current "Level III"
or "Level IV" certification from the "National Institute for Certification in
Engineering Technologies (NICET)" for each of the fire protection system
designer certification type(s) for which renewal is requested. This evidence is
not required for those individuals who were originally board certified as
"Automatic Sprinkler System Designers" and who have continuously maintained
their certification status with the board. For the
purposes of this section, individuals who were originally board certified as
"Automatic Sprinkler System Designers" who renew in accordance with paragraph
(E) of this rule are considered to have continuously maintained their
certification status with the board.
(3) An annual renewal fee of one hundred
dollars for each type of fire protection designer certification renewal
requested.
(E) Grace
period. Any holder of a certification which has expired through failure to
renew may obtain a renewal of the certification within one year from the date
of its expiration provided a renewal application is submitted and accompanied
by the renewal fee as required in paragraph (D)(3) of this rule.
(F) Expiration of certification. The holder
of a certification which has expired shall not perform any duties for which a
certification is required.
(G) Fire
protection system designer certification, revocation or suspension of
certificate. In accordance with division (E) of section
3781.105
of the Revised Code, a fire protection system designer certification may be
revoked or suspended upon receipt by the board of building standards of a
written complaint from any person affected by the actions of that designer, or
by the board on its own motion pursuant to this paragraph.
(1) Complaint process. Upon receipt of a
written complaint against a holder of a board certification that is
substantiated by demonstrable evidence or upon the board's own motion:
(a) The board shall decide whether the
information submitted warrants causing an 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 subject of the investigation 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
certification holder of the charges, pursuant to paragraph (G)(1)(b) of this
rule, by certified mail, return receipt requested. The fire protection system
designer certification holder 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 certification holder that
counsel may represent the certification holder at the hearing. Failure by the
certification holder 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
an 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.
(v) The hearing shall be conducted pursuant
to the provisions of sections
3781.101
and
119.09 of
the Revised Code.
(vi) 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 certification holder may appeal the
order within fifteen days to the court of common pleas in Franklin county
pursuant to sections
3781.101
and
119.12
of the Revised Code.
(2)
Fire protection system designer certification, hearings and appeals. Hearings
shall be held by the board of building standards and appeals shall be permitted
on any proceedings as provided in section
119.07
of the Revised Code and in accordance with paragraph (G)(1) of this
rule.
(3) Grounds for revocation or
suspension. The board, upon its own motion or upon receipt of a written
complaint shall investigate the actions of the holder of a certification if
there is an allegation implying one or more of the following:
(a) Guilty of the practice of fraud or deceit
in obtaining the certification; or
(b) Incompetent to submit and certify plans
and specifications for fire protection systems to the appropriate building
department under section
3791.04
of the Revised Code; or
(c)
Engaging in any illegal or fraudulent acts in connection with the design, sale,
or installation of fire protection systems.
(4) Notification after revocation or
suspension. The board, following the issuance of an order revoking or
suspending certification of an individual as a fire protection system designer,
shall notify the "National Institute for Certification in Engineering
Technologies (NICET)" of the revocation or suspension order.
(H)
Seals.
No holder of a fire protection system designer certification issued by the
board of building standards is authorized to secure a seal in any form or of
any type for use in the performance of any of their duties.
