3701-27-07.5 Flood plain management; authorization of licensor to issue permits.

(A) The director may authorize a licensor to issue permits for development, alterations, repairs, changes, and the replacement of manufactured homes within one hundred year flood plain areas in accordance with rule 3701-27-072 of the Administrative Code and to conduct inspections under 3701-27-073 of the Administrative Code.

(B) A licensor who wishes to be authorized to issue permits under rule 3701-27-072 of the Administrative Code and conduct inspections under rule 3701-27-073 of the Administrative Code shall submit to the director a written request which includes the following information:

(1) The name, educational background, and experience background of each person whom the licensor proposes to conduct the permitting process under rule 3701-27-072 of the Administrative Code and the inspection process under rule 3701-27-073 of the Administrative Code;

(2) Evidence that the licensor has the resources available to conduct the permitting and inspection process. Such resources shall include without limitation, access to or possession of the federal emergency management agency's flood boundary and floodway maps, and flood insurance rate maps for the communities within the licensor's jurisdiction;

(3) A stated agreement that the licensor will conduct the permitting and inspection process in accordance with sections 3733.01 and 3733.08 of the Revised Code and this chapter;

(4) A stated agreement that the director may be present during any inspections conducted by the licensor under rule 3701-27-073 of the Administrative Code; and

(5) If the licensor intends to enter into a contract with another person to conduct the permitting and inspection process, a statement as to whom the licensor intends to delegate its responsibilities.

(C) The director shall review the request and shall grant the request if the licensor has demonstrated that it has the ability and sufficient resources to conduct the permitting and inspection process in accordance with sections 3733.01 to 3733.08 of the Revised Code and this chapter. The director shall send the licensor written notice of his decision.

(D) A licensor who has been authorized by the director under this rule to conduct the permitting and inspection process may by contract delegate that authority and responsibility with the approval of the director to any of the following:

(1) A municipal corporation or any agency thereof within the jurisdiction of the licensor which has been authorized by the federal emergency management agency to issue permits and conduct inspections in one hundred year flood plain areas; or

(2) A board of county commissioners for unincorporated areas or any agency thereof within the jurisdiction of the licensor which has been authorized by the federal emergency management agency to issue permits and conduct inspections in one hundred year flood plain areas.

(E) The director may revoke or suspend his authorization of a licensor to conduct the permitting process under rule 3701-27-072 of the Administrative Code or the inspection process under rule 3701-27-073 of the Administrative Code if he finds that the licensor has failed to conduct the permitting or inspection process in accordance with sections 3733.01 to 3733.08 of the Revised Code and this chapter.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02 , 3733.022 , 3733.025
Prior Effective Dates: 11/13/1992