3304-6-03 General requirements.

(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 ORSC approved retail dealers; or other actions deemed necessary to protect the state of Ohio, RSC, 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 after completing a vehicle modification for RSC, “good standing” means that the retail dealer shall have complied, for the modification, with rules 3304-6-01 to 3304-6-15 of the Administrative Code with respect to vehicle modification equipment and services as identified in paragraphs (A)(1) and (A)(2) of rule 3304-6-01 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 certification with the national mobility equipment dealers association’s quality assurance program (NMEDA QAP) and shall provide written proof of same to RSC on an annual basis and as otherwise requested by RSC; written documentation shall include the designated level of certification and the effective dates of certification.

(2) Register with NHTSA in accordance with federal regulations as contained in 49 C.F.R. 595.6.

(3) Comply with RSC quality inspections and be in “good standing” with RSC.

(4) Have 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 rule 3304-6-15 of the Administrative Code.

(5) Have, 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 RSC and perform said work at that location.

(6) Have, at that location, accessible restroom facilities according 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/retailer of the devices and mechanisms identified in paragraphs (A)(1) and (A)(2) of rule 3304-6-01 of the Administrative Code.

(8) Have 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 provides a copy of this list to RSC upon request.

(C) Subcontracting. Other than as indicated in rule 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 structural modification and 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.

(E) Liability insurance. Each retail dealer shall maintain “product/completed operations” liability insurance that holds RSC, its agents, employees, and consultants harmless from any claim for damages resulting from the retail dealer’s work or the work/products of his suppliers, and provides minimum coverage of one million dollars. Also, 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 to RSC. 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 to RSC. The retail dealer shall provide a full demonstration to the consumer of all adapted equipment. The retail dealer shall also provide:

(1) Compliance statement: upon completion of each job the retail dealer shall sign a statement for RSC certifying that all work complies with rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(2) Labeling: Upon completion of each job the retail dealer shall permanently affix the following labels adjacent to the original certification label or the alterer certification label:

(a) NMEDA QAP label in accordance with NMEDA QAP certification requirements, and

(b) Label required by NHTSA in compliance with 49 C.F.R. 595.7.

(3) List of modifications. A list of modifications shall include all modifications made to the vehicle and all additional equipment installed. This list shall be provided to RSC or its representative and to the consumer. This list shall contain the NMEDA QAP label identification number.

(4) List of FMVSS. 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) Load carrying capacity reduction disclosure. 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) Wiring diagram. A wiring diagram shall be complete and shall identify all added or modified components and subassemblies by name and by wire color and gauge. The wiring diagram shall be given to the consumer.

(7) Operating and maintenance instructions. For all major equipment additions and modifications, any operating and maintenance information available from manufacturers shall be provided to the consumer.

(8) Unused parts. 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 RSC consumer as a result of submitting bids and/or providing modifications to the consumer’s vehicle 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. RSC 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. RSC 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, shall be installed. Obtaining proof of such coverage shall be the responsibility of the retail dealer and shall be provided to RSC upon request. Any bid containing products which do not meet this provision shall be rejected.

(2) Any product that 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.

(J) Bid requests and awards. Competitive bidding shall be required for all vehicle modifications except those involving only items defined in 3304-6-14(A)(2)(b) to be “relatively minor.”

(1) Competitive bidding. Requests for quotations/bids shall only be sent to the three qualified retail dealers whose registered permanent places of business, as determined by NMEDA QAP certification, are geographically closest to the consumer’s residence. These retail dealers shall be on the list of ORSC approved retail dealers as maintained by the ORSC rehabilitation technology support unit. 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 ORSC approved retail dealers. This list is maintained by the ORSC rehabilitation technology support unit. No other retail dealers shall be asked to submit prices or used to provide vehicle modifications.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002