Lawriter - OAC - 3304-6-03 General requirements.

3304-6-03 General requirements.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of rule 3304-6-01 of the Administrative Code.]

(A) Required specifications. The state of Ohio 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 provisions of rules 3304-6-01 to 3304-6-15 of the Administrative Code. Failure of the retail dealer to comply with these rules shall result in the loss of "good standing" status, and may result in any or all of the following: revocation of bid, delayed payment until correction is made, refusal to accept delivery of modifications, suspension from bidding, removal from the list of OOD approved retail dealers, or other actions deemed necessary to protect the consumer, the state of Ohio, OOD, and the taxpayer.

(1) For a retail dealer's first bid/price submission after the effective date of this rule, "good standing" means that the retail dealer meets all of the requirements in paragraphs (B) to (E) and (G) to (J) of this rule.

(2) For a retail dealer's bid/price submission after completing a vehicle modification for OOD, "good standing" means that the retail dealer shall have complied with rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(B) Requirements for retail dealers. A retail dealer shall meet all of the following conditions:

(1) Maintain valid up-to-date accreditation with the NMEDA's 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 FMVSS referenced therein. When the specifications contained in rules 3304-6-01 to 3304-6-15 of the Administrative Code are more stringent than the NMEDA guidelines, the specifications contained in rules 3304-6-01 to 3304-6-15 of the Administrative Code shall prevail.

(b) Should the NMEDA QAP program or any of its parts be shown to be in violation of state of Ohio or federal laws or found to be likely to cause harm to OOD consumers 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 NHTSA in accordance with federal regulations as contained in 49 C.F.R. 595.6.

(3) Comply with OOD quality inspections and be in "good standing" with OOD.

(4) Operate a permanent business location in the state of Ohio, except for those cases in which an essential modification or its equivalent is not available in the state of Ohio including, but not limited to, those modifications governed by rules 3304-6-10 and 3304-6-15 of the Administrative Code.

(5) Maintain, at that location, all of the facilities necessary to install, maintain, repair, and replace those components/assemblies included in any bid the retail dealer submits to OOD and perform said work at that location, except as noted in paragraph (C) of this rule.

(6) Maintain, at that location, accessible restroom facilities pursuant to the Americans with Disabilities Act of 1990 ( Public Law 101-336 ) requirements.

(7) 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.

(8) 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.

(9) Maintain a current list of those certified employees and provide a copy of this list to OOD upon request.

(C) Subcontracting. Other than as indicated for modifications identified in rules 3304-6-10, 3304-6-11, and 3304-6-15 of the Administrative Code, a retail dealer may subcontract only non-adaptive work, 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 3304-6-14 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 consumer. For the warranty to be valid, the consumer shall present the vehicle to the retail dealer every six months for inspection. The retail dealer may enter into an agreement with another retail dealer to conduct the inspection.

(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 maintain "garage-keeper's" liability insurance and "premises" liability insurance as well. The first price quotation from each 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. Thereafter, the retail dealer's first quotation following each renewal of the policy shall include an updated certificate.

(F) Information provided by retail dealer. At the completion of the authorized work, the retail dealer shall issue to the consumer an original copy of the installation, operations, maintenance instructions, and warranty cards for all equipment installed in the vehicle. Copies of the operations, maintenance instructions, and warranty cards shall accompany the bill sent to OOD. The retail dealer shall provide a full demonstration to the consumer of all adapted equipment and upon completion of each job:

(1) A signed statement for OOD certifying that all work complies with rules 3304-6-01 to 3304-6-15 of the Administrative Code;

(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 OOD or its representative and to the consumer. 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 GVWR, 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 consumer. 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 consumer.

(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 consumer. The consumer 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 OOD consumer as a result of submitting bids and/or providing modifications to the consumer's vehicle, including the identity of the consumer, shall be confidential. The retail dealer shall not reveal any such information without the consumer's written consent. Failure to maintain confidentiality shall result in loss of "good standing" status as defined in paragraph (A) of this rule.

(H) Related costs. OOD may require that the retail dealer include the following items in its bid/price submission:

(1) Pickup and delivery of the vehicle from and to the consumer.

(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 3304-6-14 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 upon request. Any bid 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) Bid requests and awards. Competitive bidding shall be required for all vehicle modifications except those involving only items defined to be relatively minor. in paragraph (A)(2)(b) of rule 3304-6-14 of the Administrative Code.

(1) Competitive bidding. Requests for quotations/bids shall only be sent to the three qualified retail dealers chosen by the consumer from among those retail dealers on OOD's list of approved retail dealers, maintained by OOD, which are qualified to perform the specific modifications required by the consumer. No other quotations/bids shall be solicited or accepted. The bidder submitting the lowest of the three bids shall be awarded the work. In the case where two or three retail dealers have submitted identical low bids, consumer choice among the tied low bidders shall prevail.

(2) Relatively minor modifications. For modifications involving only those items defined as "relatively minor" in paragraph (A)(2)(b) of rule 3304-6-14 of the Administrative Code, the retail dealer (i.e., vehicle modification shop) that will perform the modification shall be chosen by the consumer from the current list of OOD approved retail dealers maintained by OOD. No other retail dealers shall be asked to submit prices or used to provide vehicle modifications.

Effective: 09/08/2014
R.C. 119.032 review dates: 06/23/2014 and 09/08/2019
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15 , 3304.17
Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002, 08/04/2008